06-10-1986 (City Council) Agenda Packet AGENDA SUMMARY
JUNE 10 , 1986
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - RATIFICATION OF "CHAIN OF COMMAND" LETTER -
This "letter" is provided for by the City Charter, Article
IV, Section 1, Paragraph D. This letter supercedes the
letter now on file due to the changes in supervisory
personnel we have had recently.
ITEM NO. 3 - FINAL PUBLIC HEARING ON ANNEXATION OF 2 ACRES
ON E. FM544 - This property is described as 2 .52 acres out
of the J. D. Shelby Survey, Collin County Abstract 819 and
is located at 1825 E. FM544 . This is the final public
hearing before approving the ordinance for annexation. This
public hearing satisfies that requirement of the State of
Texas.
ITEM NO. 4 - FINAL PUBLIC HEARING ON ANNEXATION OF 19 ACRES
ON HOOPER ROAD - This property, described as 19 .42 acres out
of the L. K. Pegues Survey, Collin County Abstract 703 , is
located on the east side of Hooper Road south of FM544 .
This public hearing will satisfy that requirement of the
State of Texas for annexation and after a twenty day waiting
period, the annexation ordinance can be signed.
ITEM NO. 5 - FIRST PUBLIC HEARING ON ANNEXATION OF 10 ACRES
ON E. SH78 - This property, described as 10 .4996 acres out
of the Francisco de la Pina Survey, Collin County Abstract
688 , is lots 1-5 of the Wylie Ranch East Commercial. This
is the first public hearing , required by state law.
ITEM NO. 6 - PUBLIC HEARING ON ZONING OF 45 ACRES SOUTH OF
SOUTHFORK MOBILE HOME PARK - This property, described as
45 .763 acres out of the M. Sparks Survey, Collin County
Abstract 849 , is located directly south of Southfork Mobile
Home Park and on the east side of what will be the extension
of McCreary Road. The petitioner is asking for MF zoning on
20 .5 acres directly south of the mobile home park, with
retail on 4 .4 acres fronting on McCreary Road and additional
11 .6 acres of MF east of the retail area. They have also
designated 6 .6 acres for B1 on the southern most section of
the tract . At the P&Z meeting held on Thursday, June 5 , the
members of the Commission recommend by unanimous vote to
take 4 .5 acres out of the 20 acres of Multi-family and
designate it for retail . This concept will give the
"cluster" effect for retail on each corner of the
intersection formed by McCreary Road and a proposed 60 '
R.O.W. internal street. This office spoke with the
developer on Friday morning, and it is his intention to have
that request reflected on a zoning exhibit which he will
have available at your meeting on Tuesday night.
ITEM NO. 7 - APPROVE ZONING ORDINANCE FOR A5 ACRES SOUTH OF
SOUTHFORK MOBILE HOME PARK - No additional comments.
ITEM NO. 8 - PUBLIC HEARING ON REZONING OF 10 ACRES IN EAST
RIDGE ADDITION - This property is described as 10 .5386 acres
out of the East Ridge Addition, Francisco de la Pina Survey,
Collin County Abstract 688 . The developer is requesting a
rezoning from 2F (duplex) on 10 plus acres to SF3 . His
reason for this request is to increase the saleability of
the lots. Since his improvements are already installed and
accepted by the City, it is his plan to retain the lot size
of 8000 sq. ft, which is the size for the duplex lot and
simply take out the center lot line. This plan will
substantially reduce the density of the subdivision. The
P&Z heard this petition on June 5 and recommend approval by
unanimous vote.
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ITEM NO. 9 - APPROVE ZONING ORDINANCE FOR 10 ACRES OUT OF
EAST RIDGE ADDITION - No additional comments.
ITEM NO. 10 - PUBLIC HEARING ON REQUEST FOR REZONING OF
DESIGNATED LOTS IN POINTE NORTH ADDITION - The request for
rezoning of Lots 1-16 , Block J , Lots 1-8 , Block M and Lots
9-16 , Block H is to maintain the consistancy of the area.
The subject area was zoned under the old ordinance as SF1
which called for a 30 foot front yard set-back, while the
lots in Block I (SF3) require only a 25 foot front yard set-
back. The lots in the section under consideration will have
slightly larger lots but the uniformity of the area will be
maintained with the change in the front-yard set-back
requirement . The petitioner is also requesting that lots 1-
11 , Block L ' Lots 27-57 , Block E and Lots 1-6 , Block K be
rezoned from 2F (duplex) to SF3. Here again the subdivison
will have larger SF3 lots , with lower density. A replatting
will not be necessary on this plat because there is no
center lot line shown. The P&Z heard this petition at their
meeting on June 5 and voted unanimously to recommend
approval .
ITEM NO. 11 - APPROVAL OF ZONING ORDINANCE FOR DESIGNATED
LOTS IN POINTE NORTH ADDITION - No additional comments.
ITEM NO. 12 - APPROVAL OF ORDINANCE AUTHORIZING ISSUANCE OF
WATER/SEWER REVENUE BONDS - This ordinance is the official
approval for the issuance of the previously authorized
$160 ,000 issue. The issuance of the bonds require your
formal approval . The rate is attractive and these bonds can
be issued quickly.
ITEM NO. 13 - APPROVAL OF RESOLUTION APPROVING & AUTHORIZING
THE EXECUTION OF PAYING AGENT/REGISTRAR AGREEMENT - This is
a formality associated with the mechanics of the repayment
agreement which must be done along with Item No. 12 . Should
you have any questions, the Finance Director will be happy
to respond at the meeting.
ITEM NO. 14 - CITIZEN PARTICIPATION - Not an appropriate
area for comment.
ITEM NO. 15 - PRESENTATION BY REPRESENTATIVE OF LOUIS REESE
CO. - Mr . Joe Geis of the Louis Reese Co. asked to be
allowed to address the Council on behalf of his company with
regard to the land dispute with the City of Sachse.
ITEM NO. 16 - REPLAT OF EAST RIDGE ADDITION - This item is
only necessary if you have approved the rezoning requested
in Item No. 8 . This is simply a matter of removing the
center lot line of the duplex lots. The engineering
department has reviewed this replat and finds that it meets
the criteria of the City and recommend approval . The P&Z
reviewed this item at their meeting on June 5 and recommend
approval by unanimous vote.
ITEM NO. 17 - APPROVE PRELIMINARY PLAT FOR BIRMINGHAM FARMS,
PHASE I - This is the first phase of the 600 acre tract
known to us as Birmingham Farms. The engineering department
has reviewed the plat and offer it for your review with
their recommendation for approval . The P&Z reviewed the
plat at their meeting on June 5 and while they recommend
approval of the plat they would like for the Council to
consider the omission of alleys where they are contiguous
with the greenbelt area. Their feeling is that this would
create a situation similar to what has occurred in other
areas where alleys were next to a park, residents tended to
park boats, campers, etc in the park area and even to dump
trash, grass clippings and such in the park. The City staff
would like to comment that while this is true, it is an
enforcement problem and the omission of alleys on these SF3
lots would create two twelve hundred (1200) foot blocks with
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all lots having front entry garages . We would like the
Council to note that approval of this plat will set a
pattern for a strip park some 150 ft wide and several miles
long along the existing TP&L easement through that portion
of the City of Wylie. We bring this to your attention
because if the plan is to have value, we will need your
continued support throughout the zoning and platting
procedure in order to make this strip park of any real
value. You should also be aware that in accepting the
dedication of this park, we will be accepting the forever
obligation of mowing and maintenance, however, the staff
supports this idea for we feel that such a park would be a
tremendous asset as a jogging, walking, cycling and skating
trail; thereby enhancing the quality of life for our
citizens. Eventually, this trail should run all the way
from Hooper Industrial Park to Pointe North.
ITEM NO. 18 APPROVE PRELIMINARY PLAT FOR DOVE MEADOW
ADDITION The engineering staff has reviewed this plat and
find that it meets the criteria for subdivision in the City
of Wylie and recommend approval . The P&Z reviewed the plat
on June 5 and recommend approval by unanimous vote.
ITEM NO. 19 - ACCEPTANCE OF 1.692 ACRES FOR WATER STORAGE
FACILITY - This property, described as 1.692 acres out of
the James McUlmurry Survey, Collin County Abstract 629 , is
located in the area known as Crescent Cove on FM1378 . The
developer of this subdivision is donating this land to be
used for a water storage facility for the area. This action
will put into motion the establishment of our northern most
water pumping and tank site for the eventual looping of the
City' s system.
ITEM NO. 20 - ACCEPTANCE OF DRAINAGE EASEMENT FROM RUSTIC
OAKS IV TO CITY OF WYLIE - This is a standard item
associated with the development of that portion of land
which was not accomplished during the regular platting
procedure because the property is not subdivided but is
rather a large single owner apartment development.
ITEM NO. 21 - APPROVAL OF CARNIVAL LICENSE - This license is
requested by the Wylie Chamber of Commerce for Jimmy Reed
Funfair Shows to be shown during the July Jubilee
celebration in Wylie. Our ordinances require this specific
action in order to protect the community from transient
unregulated carnival activity.
ITEMM NO. 22 - APPROVE "LETTER OF AGREEMENT" WITH ROLAND
FOERSTER - This letter agreement is a response to requests
from Council members to remove Mr. Santry from this process
and allow him to devote his full efforts to water and sewer
development. This should be considered a temporary solution
since the City staff has already advertised for applications
for the position of City Engineer. However, these
advertisements do not close until the end of July;
therefore, we need an interim solution. You should be aware
that this service is costly.
ITEM NO. 23 - AWARD BID FOR INSTALLATION OF SEWER SERVICE
LINE AT NTMWD - Bids had not been opened at the time of
agenda preparation. However, we hope to do so prior to the
meeting and be prepared to recommend award of bid, if
necessary so that the construction may commence as quickly
as possible.
ITEM NO. 24 - APPROVAL TO CONDUCT CANDIDATES BRIEFING - This
is the briefing that we have had for each election for the
past 2-3 years to acquaint the candidates with the operation
of the City as a whole and with the separate departments.
Your approval is needed for the staff to conduct this
briefing.
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ITEM NO. 25 - AUTHORIZE FACTS BROCHURE FOR MUNICIPAL BOND
ELECTION - The staff has prepared a brochure to be mailed to
all the registered voters in the City attempting to answer
some of the most asked questions concerning the municipal
building. With your approval , we can have these printed and
distributed within a week to ten days . We will have a copy
of the text available to you at the meeting on Tuesday.
ITEM NO. 26 - COUNCIL DISCUSSION - Not an appropriate area
for staff comment.
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00,7-Tt aspitte a
AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, JUNE 10, 1986
7:00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
1 1-24 Consider approval of minutes.
2 25-26 Consider ratification of "Chain of
Command" letter from City Manager.
PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS
3 27-30 Conduct second PUBLIC HEARING on
annexation of 2 .52 acres out of the
J. D. Shelby Survey, Collin County
Abstract 819 , located at 1825 E.
FM544 .
4 31-34 Conduct second PUBLIC HEARING on
the annexation of 19 .42 acres out
of the L. K. Pegues Survey, Collin
County Abstract 703 located on the
east side of Hooper Rd. , south of
W. FM544 .
5 35-39 Conduct first PUBLIC HEARING on the
annexation of 10 .4996 acres out of
the Francisco de la Pina Survey,
Collin County Abstract 688 , lots 1-
5 of Wylie Ranch East Addition,
fronting on E. SH78 .
6 40-43 Conduct PUBLIC HEARING on the
request for MF, retail and B-1
zoning of 45 .763 acres out of the
M. Sparks Survey,Collin County
Abstract 849, located on the
extension of McCreary Road ,
directly South of Southfork Mobile
Home Park.
7 44-46 Consider approval of zoning
ordinance for 45 .763 acres out of
the M. Sparks Survey, Collin County
Abstract 849.
8 47-51 Conduct PUBLIC HEARING on the
request for re-zoning from 2F to
SF3 for 10 .5386 acres out of the
Francisco de la Pina Survey, Collin
County Abstract 688 , located on E.
Brown St. and W. A. Allen Blvd.
(East Ridge Subdivision) .
9 52-54 Consider approval of zoning
ordinance for 10 .5386 acres out of
the Francisco de la Pina Survey,
Collin County Abstract 688 .
1
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
10 55-56 Conduct PUBLIC HEARING on the
request for rezoning of Lots 1-16,
Blk. J; Lots 1-8 , Blk. M and Lots
9-16, Blk. H Pointe North Phase II
from old SF1 to new SF2; and Lots
1-11 , Blk. L; Lots 27-57 , Blk. E
and Lots 1-6 , Blk. K Pointe North
Phase II from 2F to SF3 .
11 57-58 Consider approval of zoning
ordinance for property described in
Item No. 10 .
12 59-93 Consider approval of ordinance
authorizing issuance of $160,000
City of Wylie Water Works and Sewer
System Revenue Bonds, Series 1986
and all other matters incident
thereto.
13 94-106 Consider approval of resolution
approving and authorizing the
execution of a "Paying
Agent/Registrar Agreement" in
relation to the "City of Wylie,
Texas, Waterworks and Sewer System
Revenue Bond, Series 1986" and
resolving other matters incident
and related thereto.
GENERAL DISCUSSION
14 Citizen Participation
NEW BUSINESS
15 Consider presentation by
representative of Louis Reese Co.
concerning property in dispute with
Sachse.
16 107 Consider approval of replat of East
Ridge Addition reflecting re-zoning
for 10 .5386 acres out of that
subdivision.
17 Consider approval of preliminary
plat for Birmingham Farms, Phase I
(location FM3412 and Fm1378 .
18 Consider approval of preliminary
plat for Dove Meadow Addition.
19 108-110 Consider acceptance of 1 .692 acres
out of the James McUlmurry Survey,
Collin County Abstract 629 , to be
used as a site for a water storage
facility.
20 111-116 Consider acceptance of drainage
easement from Rustic Oaks IV to
City of Wylie.
21 Consider approval for carnival
license for Jimmy Reed Funfair
Shows to be shown in connection
with the Wylie July Jubilee.
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ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
22 117-118 Consider approval of "letter of
agreement" with Roland Foerster for
plat review services.
23 Consider award of bid for
installation of a sewer service
line at NTMWD.
24 Consider approval to conduct
candidates briefing for August 9,
election.
25 Consider authorization of facts
brochure for Municipal Bond
Election.
GENERAL DISCUSSION
26 Council Discussion
27 ADJOURN
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CALLED CITY COUNCIL
MEETING - MINUTES
MAY 20° 19S6
7:00 P. M.
The Wylie City Council met in a called session on Tuesday,
May 20, 1986 at 7: 00 P. M. in the Wylie Library Work Room.
A quorum was present and notice of the meeting had been
posted for the time and in the manner required by law'
Those present were Mayor Don Hughes, Mayor Pro Tem Spence,
Council members Calvin Westerhof , Sandra Donovan, and Joe
Fulgham, City Manager Gus Pappas, City Secretary Carolyn
Jones, Code Enforcement Officer Roy Faires, Finance Director
James Johnson, Scott Dorsey and Elayne Mayes from the Wylie
News, Mayor Morrow and David Standfield from the City of
Lavon, and other citizens. Councilman Lowell Brewster was
absent .
Mayor Hughes called the meeting to order and Councilman
Fulgham gave the invocation.
APPROVAL OF TEMPORARY UTILITY EASEMENT FROM B. C. WOODS:
This item is before you in order to facilitate the
installations of the temporary sewer line from Southfork
Mobile Home Park. This property is owned by Mr. B. C. Wood
and is located north of FM 544 and along FM 544 on the south
side for a site to place an intermediate pump station.
There is a payment due in the amount of $500' 00 for damage
to corps. Motion was made by Mayor Pro Tem Spence to
approve the temporary utility easement from B. C. Woods.
Seconded by Councilman Fulgham. The vote was as follows:
Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilman Westerhof - in favor, Councilman Fulgham - in
favor , and Councilwoman Donovan - in favor. This motion
carried with all in favor.
AUTHORIZATION TO GO OUT FOR BIDS FOR THE NORTEX TANK SITE
lNLET__WORK: The work referred to in this item is for the
Nortex Tank site inlet work. We are not yet certain that
bidding this item will be necessary because we are not sure
the cost will exceed the $5, 000. 00 mark. In order not to
delay this work, we are asking for your authorization to
seek bids should they be necessary to complete this work.
Motion was made by Councilman Fulgham to grant authorization
to go out for bids for the Nortex Tank Site inlet work.
Seconded by Mayor Pro Tem Spence. The vote was as follows:
Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilman Westerhof - in favor, Councilman Fulgham - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
AUTHORIZATION TO GO OUT FOR BIDS FOR NTMWD SEWER SERVICE
LINE WORK: The staff is asking for Council authorization to
go out for bids for NTMWD sewer service line work should the
cost exceed $5, 000. 00 and because NTMWD has requested an
outside contractor do the work and that could increase the
cost. Mayor Pro Tem Spence said that Mr. David Stephens
stated the cost of this project would be about $30, 000
Mayor Pro Tem Spence said he did not believe it would ^be
that much. City Manager Gus Pappas said he did not th� nk it
would be that much either, and he has seen the plans ~
Motion was made by Mayor Pro Tem Spence to grant ^
authorization to go out for bids for NTMWD sewer service
line work. Seconded by Councilman Westerhof . The vote was
as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence -
in favor, Councilman Westerhof - in favor, Councilman
Fulgham - in favor, and Councilwoman Donovan - in favor
This motion carried with all in favor. ^
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Mayor Hughes adjourned the business meeting and opened the
meeting up for a work session on annexations.
City Manager Gus Pappas conducted this work shop on
annexations. Some of the facts brought out was Home Rule
Cities can do about anything not prohibited by State Law,
such as involuntary annexations. General Law Cities can do
only what State Laws says they can under the chapter they
incorporated in, and can not do involuntary annexations.
Texas has very strong Home Rule Cities, but General Law and
and County government is very weak . In General Law
Cities, you have an ETJ of 1 /2 mile and in Home Rule Cities
your ETJ is 1 mile and can go up to 5 miles as your city
grows. There was discussion on the reason for annexing
around the lake area. The main reason for this is to get
some control of the ETJ and not have a lot of development
going in without controls. This will help to keep the areas
looking good and not have a lot of salvage yards, mobile
home parks, etc .
After the discussion, City Manager Gus Pappas read into the
records the following policy that has been set up for the
City Staff to follow for annexations.
l . Only the Council may approve or deny an annexation. The
staff has no right or authority to decline to accept a
voluntary annexation when it is requested. Unless such
request is not legal or is decided already by some previous
boundary agreement.
2. That the staff should seek to establish boundary
agreements with surrounding cities and should be watchful of
protecting our ETJ from encroachment.
3. That the lake annexations should proceed up to FM546 on
the western tributary and up to the second bay and Ticky
Creek on the eastern tributary of Lake Lavon. Said
annexations should include parks but no private property.
4. Involuntary annexations should be started when the
property in questions would help create our fixed boundary.
5. Involuntary annexation should be started when the
property in questions is conducting or is suspected of
considering conducting a undesirable business or subdividing
in a manner non-consistent with our subdivision ordinance.
6. Involuntary annexations could also be instituted on large
tracts of undeveloped land in order to bring that land
clearly under our control for zoning and subdivision. Staff
could initiate, based on its own opinion, that such
annexation was in the best interest of the City. The City
Council would retain the final authority by the passage or
denial of the actual ordinance.
7. Involuntary annexations should avoid properties that are
already developed or subdivided and might represent a burden
to the City.
8. Voluntary annexations are encouraged, they extend our
ability to control the growth of the community by zoning .
While ETJ allows subdivision control , only actual annexation
can control uses like mobile home parks and salvage yards
where no subdivision is actually occurring.
There was no additions or deletions for these procedures
from Council .
Next work session is to be on Impact Fees and Lift Station
Districts.
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Motion was made by Councilwoman Donovan to adjourn.
Seconded by Councilman Fulgham. All were in favor .
--------------
Don Hughes, Mayor
ATTEST:
______________
Carolyn Jones, City Secretary
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CALLED CITY COUNCIL
MEETING — MINUTES
MAY 22, 1986
1:00 P. M.
The Wylie City Council met in a called session on Thursday,
May 22, 1986 at 1 : 00 P. M. in the Community Room. A quorum
was present and notice of the meeting had been posted for
the time and in the manner required by law. Those present
were Mayor Don Hughes, Mayor Pro Tem Harold Spence,
Councilmembers Joe Fulgham, Sandra Donovan, City Manager Gus
Pappas, City Secretary Carolyn Jones, Ron Homeyer and I . W.
Santry from the Engineering Department, Mr. Charles Gill ,
Mr. Forrest John and Mr . Ferguson of the Texas Water
Commission. Councilmembers Lowell Brewster and Calvin
Westerhof were absent .
Mayor Hughes called the meeting to order and Councilman
Fulgham gave the invocation.
Mayor Hughes stated the meeting had been called at the
request of Mr. Forrest John in order to discuss the City of
Wylie Wastewater Treatment Plant. Mr. Gill stated that
there were three major concerns: l . treatment plant , 21;
residential growth, and T. industrial waste discharge.
First Mr. Gill said the City needed to be aware that the
discharge of industrial waste was causing a serious problem
with the effluent . City Manager Gus Pappas said the city
would admit that it needs to enforce its industrial waste
ordinance, and that the staff has begun to enforce this
ordinance already. The Council has passed a new industrial
waste ordinance and staff has sent out questionnaires to
industries who would have this type of waste. The second
problem is the growth of Wylie and what is the City doing
about improving the collection points. City Manager Gus
Pappas said that the City was in the process of hiring an
engineering firm to update our existing facility and do
plans for a larger treatment plant.
Mr. Gill also stated that any time the City permitted a
developer to put in a temporary holding tank, that his
office should be notified and the system okayed. City
Manager Gus Pappas said this could be done and then he went
into detail about the lift station districts.
Mr. Gill also stated that the City must have permits from
the State and Water Control Board for lift stations and
treatment plants.
The other problem is the wastewater treatment plant . This
permit was issued in 1976 and required the city to submit
reports to let the State know what they were doing for
upkeep to the plant in regards to state standards. Mr . Gill
said he had not received any of these reports in the past
year . City Manager Gus Pappas had copies of these reports
and give Mr. Gill another copy.
City Manager Gus Pappas said it is the City' s sewer plant
and the City is responsible. NTMWD makes out the reports, I
sign them. The City is being held responsible for the plant
even though we are under contract with NTMWD. A
representative from NTMWD brings in the report and I sign it
and they do not say if there is a problem. City Manager Gus
Pappas said there is no one in the office to verify or
certify this report.
Mr. Gill said the contract calls for reports to go the the
State reporting the operations and maintenance of the plant.
Also let them know about any plans to modify the plant and
that the engineers should send a . ort to the state every
six months on improvements and fut e improvements.
Mr . Gill said that the city staff d the council should be
thinking about the agreed enforcer t order that they can
agree upon to be sign when the imp 'vements are made and the
new plant is being built.
There being no other discussion, t meeting was adjourned.
--------------------------
Don Hughes, Mayor
ATTEST:
Carolyn Jones, City Secretary
CITY C00NC MEETING
MIWU- S
MAY 27, 1986
7:00 f M.
The Wylie City Council met in r jular session on Tuesday,
May 27, 1986 at 7: 00 F. M. in tV Community Center of Wylie.
A quorum was present and notice if the meeting had been
posted for the time and in the anner required by law.
Those present were Mayor Don Hu ''es, Mayor Pro Tem Harold
Spence, Council members Calvin esterhof , Sandra Donovan,
Lowell Brewster and Joe Fulgham City Manager Gus Pappas,
City Secretary Carolyn Jones, I W. Santry from Engineering,
Finance Director James Johnson, Scott Dorsey of the Wylie
News and other citizens.
L OF MINUTES:_ Councilwocan Donovan corrected the
minutes------ of May 6, 1986 to reflecL City Manager Gus Pappas
statement about the bid award for metering devices as
Tollows: The Steel site is complete except for this one
tem. The pump building is being built and the pumps being
nstalled. councilwoman Donovan wanted to know if this tank
,old be functional and ready when this item is received and
La] led. City Manager Gus Pappas said yes'
.tion was made by Mayor Pro Tem Spence to approve the
nutes with the above addition. Seconded b`' Councilman
osterhof . The vote was as follows: Mayor Hughes - in
vor , Mayor Pro Tem Spence - in favor , Councilman Westerhof
in favor , Councilman Brewster - in favor, Councilman
uglham - in favor, and Councilwoman Donovan - in favor .
7his motion carried with all in favor .
-A| i SPECIAL ELECTION_ ON AUGUST 9, 1986 TO FILL VA{ A\N{3 -
=� - PLACE ONE i
Cll'Y COUNCIL1qC : Motion o on was made by Councilman
,-ulgham to call special election on August 9, 1986 to fill,
vacancy on City Council for Place One. Seconded by Mayor
Pro Tem Spence. The vote was as follows: Mayor Hughes - in
favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof
- in favor , Councilman Brewster - in favor, Councilman
Fulgham - in favor, and Councilwoman Donovan - in favor ..
This motion carried with all in favor .
APPOINTMENT OF CITY REPRESENTATIVE TO THE NTMWD B[ORl}_OF
DIRECTORS: Mr. Truett Smith has sent a letter stating his
desire to not be reappointed to the position of
representative of the City of Wylie to the NTMWD Board.
Motion was made by Mayor Hughes to appoint John Akin to
serve on the NTMWD Board. Seconded by Councilman Fulgham.
The vote was as follows: Mayor Hughes - in favor , Mayor Pro
Tem Spence - abstained, Councilman Westerhof - against ,
Councilman Brewster - against, Councilman Falgham - in
favor, and Councilwoman Donovan - against. There was no
decision on this motion due to a tie.
Motion was then made by Councilwoman Donovan to appoint
Raymond Cooper to serve on the NTMWD Board. Seconded by
Councilman Westerhof ' The vote was as of follows: Mayor
Hughes - against, Mayor Pro Tem Spence - abstained,
Councilman Westerhof - in favor, Councilman Brewster - in
favor, Councilman Fulgham - against, and Councilwoman
Donovan - in favor . This motion carried with three (3) in
favor , one ( 1 ) abstention and two (2) against'
APPOINTMENT TO FILL VACANCY ON PARKS AND RECREATION B{ A!RQ:
This vacancy was created by the expiration o-; Retha Tibbals
term, which expires July, 1986. Mrs. Tibbals has stated it
is her desire not to be reappointed. Motion was made by
Councilwoman Donovan to appoint Willie Benitez to serve for
a two year term on the Park and Recreation Board. Seconded
by Councilman Brewster . The vote was as follows: Mayor
Hughes - against, Mayor Pro Tem Spence - in favor ,
Councilman Westerhof - in �avor, Councilman Brewster - zn
favor , Councilman Fulgham - in favor , and Councilwoman
Donovan - in favor . Thze motion carried with five (5) in
favor and one ( 1 ) against '
APPROVE AND SIGN ANNEXATION ORDINANCE FOR 2. 71 A{]R.ES_ OF
THE FRANCISQO DE LA pIVA SURVEY, ABSTARCT 688: This
property is located on East Borwn Street (Old Hwy. 78) .
There are three separate tracks involved and the public-
hearings have been held and the 20 day waiting period has
been satisfied. Motion was made by Councilman Westerhof to
approve and sign annexation ordinance for 2. 71 acres out of
the Francisco de la Pina Survey. Seconded by Councilman
Fulgham. The vote was as follows: Mayor Hughes - in favor,
Mayor Pro Tem Spence - in favor, Councilman Westerhof - in
favor , Councilman Brewster - in favor , Councilman Fulgham -
in favor , and Councilwoman Donovan - in favor . This motion
carried with all in favor.
PUBLIC_HEARING ON THE—ZONING OF 2, 71 ACRES OUT (]F_THE
FRANCQCO DE- LA_pINA SURVEY ABSTRACT_6%, This property is
located on East Brown. The city staff has initiated Single
Family 2 Zoning. The Planning and Zoning Commission mas
heard this petition and recommends SF-2 with a vote of 6-0.
Mayor Hughes opened the public hearing , there being no
questions or opposition, the public hearing was closed.
Ap[q�OVE AND_S] GN ZONING ORDINANCE F[}R 2. 71 ACRES Oi}T_DF_'THE
FRA�[2<�CD_DE l��1�INA_SURVEY, ABSTRA(�i_68{�_ The recommended
zoning for this property is Single Family 2.. Motion was
made by Mayor Pro Tem Spence to approve SF 2 zoning for 2' 71
acres out of the Francisco de la Pina Survey. Seconded b>'
Councilman Brewster . The vote was as follows: Mayor Hughes
- in favor , Mayor Pro Tem Spence - in favor , Councilmar.
Westerhof - in favor, Councilman Brewster - in favor ,
Councilman Fulgham - in favor , and Councilwoman Donovan - in
favor . This motion carried with all in favor.
Councilwoman Donovan wanted to clear up the fact that the
church could be in this zoning. City Manager Gus Pappas
said that churches could operate under any zoning.
APPROVE AND SIGN ANNEXATION ORDINANCE FOR FIVE (5) ACRES__OUl_
[UF -T}H-P WILLIAM_SACHSE SURVEY, ABSTRACT 835: This property
is on the southwest corner of Steel Road and FM 544. The
public hearings have been held and the 20 day waiting period
has been satisfied. Motion was made by Councilman Fulgham
to approve and sign annexation ordinance for 5 acres out of
the William Sachse Survey. Seconded by Councilman
Westerhof . The vote was as follows: Mayor Hughes - in
favor , Mayor Pro Tem Spence - in favor , Councilman Westerhof
- in favor, Councilman Brewster - in favor , Councilman
Fulgham - in favor, and Councilwoman Donovan - in favor .
This motion carried with all in favor .
PUBLIC HEARING ON THE ZONING OF FIVE (5) ACRES OUT OF_llHE
WILLIAM SACHSE SURVEY, ABSTRACT 835: This property is
located on the southwest corner of Steel Road and FM 544..
The request for zoning for this property is Business 2.
This B-2 zoning is recommended by Planning and Zoning with a
vote of 6-0' Mayor Hughes opened the public hearing, there
being no questions or opposition, the public hearing was
closed.
APPROVE AND SI{GN, ZONING ORDINANCE FOR FIVE (5> ACRES OUT_OF
THE WILLIAM SACfSE,PURVEY, ABSTRACT835� The recommend ed and requested zoning for this property is Business 2.
Motion was made by Mayor Pro Tem Spence to approve and sign
zoning ordinance for B-2 zoning for five acres out of the
William Sachse Survey. Seconded b\ i .cilwoman Donovan.
The vote was as follows: Mayor HugL, in favor , Mayor Pro
Tem Spence - in favor , Councilman We. 'hof - in favor ,
Councilman Brewster - in favor, CounL 'an Fulgham - in
favor , and Councilwoman Donovan - in or . This motion
carried with all in favor ,
APPROVE AND SIGN N ORDINANC�_ !R_23. 49 AC
--------- RVE RACT 22� his property is
TERBURy_SU Y�_±��|
located on the northeast corner of F& 2 and FM 1378 and is
commonly known as the Cotton Gin site. The public hearings
have been held and the 20 day waiting riod qas been
satisfied' Motion was made by Mayor F Tsn Spence to
approve and sign annexation ordinance r 23. 49 acres out of
the C. Atterbury Survey, Abstract 22' econded bv
Councilman Brewster . The vote was as llows: Mayor Hughes
- n favor, Mayor Pro Tem Spence - in ' vor , Councilman
Westerhof - in favor, Councilman Brews% , - in favor ,
Councilman Fulgham - in favor , and Cou/ zlwosan Donovan - in
favor. This motion carried with all ir Tavor '
HEARING FOR THE ZONING OF 23. 49 ZRES OUT OF TH{�_{aTTERPU �_
---�� RY SURVEY, ABSTRACT 22: The cit staff has
recomm--- ended Business 2 zoning for this . -operty. The
" Planning and Zoning recommends B-2 zoni g with a vote of 6-
� 0. Mayor Hughes opened the public hear' ig, there being no
' questions or opposition, the public hea/ ' ng was closed'
ND SIGN _Z{D�[NG ORDINANCE FOR 2: �49 ACRES OUT OF THE
------ ABSTRACT 22 The g
�TERBURY _SURyl� : e r �commended zoning
for this property is Business -2. Moticn was made by
Councilman Westerhof to approve and sign zoning ordinance
for 23. 49 acres out of the C. Atterbury Sur4ey, with B-2
zoning. Seconded by Councilman Fulgham. The vote was as
follows: Mayor Hughes - in favor, Mayor Fro Tem Spence - in
favor , Councilman Westerhof - in favor, Councilman Brewster
- in favor , Councilman Fulgham - in favor , and Councilwoman
Donovan - in favor . This motion carried with all in favor '
AP9RD\ E AND SIGN ANNEXATION ORDINANCE FOR 2 ACRES
D-.--STRICKLA _ABSTRACT 841: This property is
locateu on S. SH78 and is the site of the Wylie Mobile Home
Sales' The public hearings have been held and the 20 day
waiting period has been satisfied. Motion was made by
Councilwoman Donovan to approve and sign annexation
ordinance for 2 acres out of the D. Strickland Survey.
Seconded by Councilman Westerhof . The vote was as follows:
Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilman Westerhof - in favor, Councilman Brewster - in
favor, Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor . This motion carried with all in favor '
pUBLIC HEARING ON THE ZONING OF 2 ACRES OUT OF THE
STRlCKLAND SUFK/EY" ABSTRACT 841 : This property is presented
by staff for Business 2 zoning. The Planning and Zoning
Commission recommends B-1 zoning with a vote of 6-0 and
commented on the fact that they had a desire to protect the
approaches to the City. Mayor Hughes opened the public
hearing'
Mr ' Garry Roddy, owner of the property, requested Council to
zone this property industrial , as this property joins the
Century Business Park and at one time was a part of this
plat .
There being no other questions or opposition, Mayor Hughes
closed the public hearing.
APPROVE AND SIGN ZONING ORDINANCE FOR 2 ACRES OUT OF_TE� D�
STR]:CKl=AND SURVEY: The city staff recommends B-2 zoning and
Planning and Zoning recommends B-1 zoning. Motion was made
by Mayor Pro Tem Spence to approve and sign zoning ordinance
for 2 acres out of the D. Stricklano vey with Industrial
zoning . Seconded by Councilman Fulq The vote was as
follows: Mayor Hughes - in favor , M Pro Tem Spence - in
favor , Councilman Westerhof - in fav Councilman Brewster
- in favor, Councilman Fulgham - in ,r , and Councilwoman
Donovan - in favor . This motion car with all in favor .
APPROVE AND SIGN ANNEXATION ORDINANCL 4i43. 36 ACRES_OUT-1]F
THE JAMI]S MCULMURRY SURVE RACT L This property is
located on the east side of FM 1378 a, lies between
Birmingham Farms and Cresent Cove Soul The public
hearings have been held and the 20 da siting period has
been satisfied. Motion was made by [c zilman Fulgham to
approve and sign annexation ordinance - 43. 36 acres out of
the James McUlmurry Survey. Seconded Mayor Pro Tem
Spence. The vote was as follows: Ma, Hughes - in favor,
Mayor Pro Tem Spence - in favor, Counc nan Westerhof - in
favor , Councilman Brewster - in favor, `uncilman Fulgham -
in favor , and Councilwoman Donovan - i : avor. This motion
carried with all in favor.
PUBLIC HEARING ON THE ZONING OF 43. 36 +_ 1�S OUT OF_ THE JAMES
MCULMURRY SURVEY, ABSTRACT 629: This F /eprty is being
presented by city staff for Single Fami 2 zoning . There
is SF3 zoning on the tract above this a , SF2 zoning on the
tract below. The Planning and Zoning [ mission recommends
SF2 zoning by a vote of 6-0. Mayor Hug' s opened the public
hearing , there being no questions, or c. osition, the public
hearing was closed.
APPROVE AND SIGN ZONING ORDINANCE FOR 41 36 ACRES OUT OF_THE
JAMES MCULMURRY SURVEY, ABSTRACT 629: l e recommended
zoning for this property is Single Famil 2. Motion was
made by Mayor Pro Tem Spence to approve nd sign zoning
ordinance for 43. 36 acres out of the Jan s McUlmurry Survey
for Single Family 2 zoning. Seconded b\ Councilman Fulgham.
The vote was as follows: Mayor Hughes - in favor, Mayor Pro
Tem Spence - in favor , Councilman Westerfof - in favor,
Councilman Brewster - in favor, Councilman Fulgham - in
favor, and Councilwoman Donovan - in favor . This motion
carried with all in favor.
APPROVE AND SIGN ANNEXATION ORDINANCE FOR_2. 09 ACRES_I/UT OF
THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688: This
property is located on the west side of E. SH78 and is the
site of the salvage yard in that area. The required public:
hearings have been held and the 20 day waitirg period has
been satisfied. Motion was made by Councilman Fulgham to
approve and sign annexation ordinance for 2. 09 acres out of
the Francisco de la Pina Survey, Abstract 688. Seconded by
Councilman Brewster. The vote was as follows: Mayor Hughes
- in favor, Mayor Pro Tem Spence - in favor , Councilman
Westerhof - in favor, Councilman Brewster - in favor,
Councilman Fulgham - in favor, and Councilwoman Donovan - in
favor. This motion carried with all in favor.
PUBLIC HEARING ON THE ZONING--- F_2. 09 ACRES_OUT OF THE
FRANCISCO DE LA p]]VA SURVEY._ BSTRACT 688: This property is
the salvage yard on E. SH78 and staff presents this for
Business - 1 zoning. The Planning and Zoning Commission
recommends B-1 zoning with a vote of 6-0. Mayor Hughes
opened the public hearing.
City Manager Gus Pappas said this salvage yard could
continue to operate under this zoning but would have to
comply with the ordinance the city has for salvage yards.
If this property sells, the new owner would have to use the
property for a business that would be allowed under B-1
zoning. Business -1 zoning does not allow salvage yards.
There being no other questions or opposition, Mayor Hughes
closed the public hearing.
��
APPROVE AND SIGN ZONING ORDINAWCE _F 2. 09 ACRES OUT OF THE
F}R ��CISCO_I��LA PINA SURVEY, ABSTR� /�8�� Th� s property is
recommended for Business - 1 zoniny Motion was made by
Councilwoman Donovan to approve and gn zoning ordinance
for 2. 09 acres out of the Franciscc. la Pina Survev, for
Business - 1 zoning. Seconded by N r Pro Tem Spence' The
vote was as follows: Mayor Hughes n favor, Mayor Pro Tem
Spence - in favor , Councilman Wester V - in favor ,
Councilman Brewster - in favor, Coun man Fulgham - in
favor , and Councilwoman Donovan - in yvor. This motion
carried with all in favor .
PUBLIC HEARING Q_THE ZONING OF 45"_L WE OUT OF T
SHELBY SURVEY. Y FARMER SUFyf ,_AND THE JOSlAH
TURNHAM_SURVEY: This property is loc ed on the western
shores of Lake Lavon and more or lest Wind Seis Lagos..
The request for zoning is for SF-1 , E 2, SF-3, 2F
(duplexes) , SFA (townhomes) , MF and F and B-2. The owner
also has plans for parks and green bs and possibly a
school . Mayor Hughes opened the publ hearing.
City Manager Gus Pappas said the prop, ty owner Mr. Moussa
has requested the approval and signinv of the annexation
ordinance and the zoning ordinance be eld up at this time.
Mayor Hughes asked Mr . Moussa why. M/ Mousse said due to a
discussion with the proposed developer of the property' The
signing of these ordinances will be on the agenda in a few
weeks.
Councilwoman Donovan wanted to know if .section 6 of this
plat was in St . Paul . City Manager Gu` Pappas said it could
be if St . Paul became large enough to q ^ ve services such as
police, fire and water/sewer . City Manager Gus Pappas said
sewer would gravity flow to a lift station then be pumped
back into the system in the Cresent Cove Addition. Cost of
the sewer will be at the developers exponse'
The Planning and Zoning Commission recommends approval of
the SF1 , SF2, SF3, 2F, SFA, MF, B1 , and 82 zoning.
There being no other questions or opposition, Mayor Hughes
closed the public hearing.
PUBLIC HEARING ON THE RE-ZONING OF LOT 1 , BLOCK 17 RAILFOhQ
ADDITIONR_ This property is located on the corner of Second
and Marble Streets. The Baptist Church is the owner and
they have requested zoning from SF3 to G-1 . Mayor Hughes
opened the public hearing.
City Manager Gus Pappas said the Baptist Church has the
desire to put a school and parking lot in this area. This
is the reason for the re-zoning request.
There being no other questions or opposition, Mayor Hughes
closed the public hearing'
APPROVE AND SIGN ZONING ORDINANCE FOR LOT 1 , BLOCK 17
RAILROAD ADDITIONI The request for re-zoning is for
Business - 1 . The Planning and Zoning has heard this
petition and recommends approval . Motion was made by
Councilman Fulgham to approve and sign zoning ordinance for
Business - 1 zoning. Seconded by Councilman Brewster . The
vote was as follows: Mayor Hughes - in favor , Mayor Pro Tem
Spence - in favor , Councilman Westerhof - in favor ,
Councilman Brewster - in favor , Councilman Fulgham - in
favor , and Councilwoman Donovan - in favor. This motion
carried with all in favor'
FIRST PUBLIC HEARING ON ANNEXATION OF 2. 52 ACRES OUT_OF THE
WD. SHELBY SURVEY, ABSTRACT 819: This property is located
on 1825 E. FM 544 and is the site of an existing private
��
� w
residence and a business. Mayor Hu s opened the public
hearing , there being no questions c pposition, the public
hearing was closed.
FIRST PUBLIC HEARING ON ANNEXATION _. 1q. 42 AC-RES_OUT OF_THE
Q_ K. PEGL/ES SURVEy,,AQBSTRACT 703: is property is located
on the east side of Hooper Road be] ' Hopper Business Park .
This property is unimproved propert id will firm the
city' s border along the east side o+ .10per . Mayor Hughes
opened the public hearing, there bei no questions or
opposition, the public hearing was c sed .
AFFROVE AMENDMENT TO FIRE WORKS ORDIF ACE NO. 72-20: This
amendment to the fire works ordinanc, Sill extend the City^ s
authority for regulating the sale ani xploding of fireworks
to our extra territorial jurisdictic/ one mile) . The
effective date is August 1 , 1986, thi is to be fair as
possible to those people who have sly d lease contracts for
the July holiday.
Councilwoman Donovan wanted to know j we could allow the
fire works in our ETJ and collect a f from them. City
Manager Gus Pappas said he did not kn' if the State would
allow us to collect a fee. This ordi/ nce is to protect the
residents in this area where fire work are sold and bring
danger to the area.
Councilwoman Donovan wated to know why the August 1 , 1986
date. City Manager Gus Pappas said be ause most of the fire
works dealers have already signed leas. s on property for the
July holiday.
Motion was made by Councilman Westerhoi to approve and sign
amendment to the Fire Works Ordinance ro. 72-20. Seconded
by Councilman Fulgham. The vote was aa follows: Mayor
Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilman Westerhof - in favor , Councilman Brewster - in
favor, Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor '
ClTJZEN PARTICIPATION: Mr . Eddie Wilson of Kreymer Estate.---
wanted to address the council on the interest they have
shown in the Kreymer Estates. He owns a tract of land there
and the other property owners are not happy with the
developers. The developers were to put in good streets and
have deed restrictions on the property. The develoeprs are
not doing what they said they would do. Mr. Wilson said he
wanted the council to know that the property owners are not
happy as Mr. Kreymer has said. The residents have written
to Mr. Kreymer, but he will not do anything.
Mayor Hughes said this is the reason Wylie is trying to
enforce the subdivision rules in the ETJ areas.
City Manager Gus Pappas said the staff has just recently,
received some information that was requested some months
back' The staff is looking into this.
PRESENTATION BY NORTH TEXAS MUNICIPAL WATER DISTRICT: Mr.
Carl Riehn made a presentation on the wastewater treatment
plant . This was the final presentation as the three
engineerings firms gave their presentations a few weeks
back .
STAFF RECOMMENDATION ON PROPOSED WASTEWATER__TREATMENT-��l-ANT�
City Manager Gus Pappas said the staff recommends the
engineering firm of CH2M Hill for the wastewater treatment
plant . Staff also recommends terminating our contract with
NTMWD effective Oct. 1 , 1986.
Councilwoman Donovan said with the sewer problems, she is
scared to have the City of Wylie take on the job of the
� �
wastewater treatment plant . When you look at the cost for
all the services, Councilwoman Donovan does not feel the
City can obtain the employees to do the job'
Mayor Hughes said we are a fast growing City, once we have a
plan and start the plan up , then you see results.
Councilman Fulgham said immediate decision was needed on the
engineering firm.
Motion was made by Councilwoman Donovan to go with CH2M Hill
engineering firm and for them to work with NTMWD and them
come back to Council with the plans and desgin on upgrading
our existing treatment plant .
Councilman Fulgham said if our engineers are working with
them, okay.
Mayor Hughes ask if the city would be billed from CH2M Hill
and NTMWD.
City Manager Gus Pappas said this is most unusual procedure
to hire an engineering firm and send them to NTMWD.
Carl Riehn said NTMWD has never billed a city for
participating in a plan .
Councilman Fulgham said if we are paying CH2M Hill , why
would we not want our city staff working with them. To
leave our staff out is irresponsible to our citizens.
Councilman Westerhof said the staff needs to have input on
this.
Councilwoman Donovan said she would amend her motion as
follows: Motion was made to hire CH2M Hill Engineering Firm
to work with the city staff and NTMWD on the upgrading of
the existing wastewater treatment plant scope and services'
Seconded by Mayor Pro Tem Spence. The vote was as follows:
Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilman Westerhof - in favor, Councilman Brewster - in
favor , Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor . This motion carried with all in favor '
DESIGNATION OF NAME OF NORTH/SOUTH ROAD CONNECTING_HJLLTDp
AND BEAVER CREEKL This item is presented to council to
attempt to eliminate some confusion. Beaver Creek Road
stops at the entrance of Beaver Creek addition and the
continuation is designated as Hilltop. The City already has
a Hilltop. Staff is seeking council ' s thought on this.
Motion was made by Councilman Westerhof to designate the
street as Beaver Creek Road. Seconded by Mayor Pro Tem
Spence. The vote was as follows: Mayor Hughes - in favor ,
Mayor Pro Tem Spence - in favor , Councilman Westerhof- in
favor, Councilman Brewster - in favor, Councilman Fulgham -
in favor , and Councilwoman Donovan - in favor . This motion
carried with all in favor .
DESIGNATION OF_BROWN_<S [R{]ET AND SOUTH BALLARD: This item is
placed before you to clear up and designate names on Brown
and Ballard. Both of these streets have several names.
Motion was made by Councilman Brewster to designate Old 78
and FM 3412 as East/West Brown and Sachse Road as S'
Ballard . Seconded by Councilman Fulgham. The vote was as
follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in
favor, Councilman Westerhof - in favor, Councilman Brewster
- in favor, Councilman Fulgham - in favor , and Councilwoman
Donovan - in favor. This motion carried with all in favor '
APPROVAL OF FINAL PLAT AND CONSTRUCTION PLANS FOR SOUTH
pLACE: The engineering staff has reviewed and recommends
this plat. All inspections have been made. Motion was made
by Councilman Brewster to Opp Ave final plat for
construction of South Place' Seconded by Councilman
Fulgham. The vote was as fol ws: Mayor Hughes - in favor ,
Mayor Pro Tem Spence - absta" -d, Councilman Westerhof - in
favor , Councilman Brewster - favor , Councilman Fulgham -
in favor , and Councilwoman Do van - in favor. This motion
carried with five in favor ar. one abstention.
ACCEPTANCE OF PUBLJC_IMUqROVEML TS IN EASTRIDGE ADDITION
The engineering staff recommer s approval and acceptance of
the public improvements in Eas 'idge. All inspections have
been made, and are in con.pliar e with the City' s subdivision
ordinance. Motion was made by 3ouncilman Brewster to accept
public improvements in Eastrid e. Seconded by Councilman
Fulgham. The vote was as foil Us: Mayor Hughes - in favor ,
Mayor Pro Tem Spence - abst&in' |, Councilman Westerhof - in
favor, Councilman Brewster - i favor, Councilman Fulgham -
in favor , and Councilwoman Don' an - in favor. This motion
carried with five in favor and `ne abstention.
APPROVE FOURTH BASEBALL FIELD SCHEDULED FIELDg The WSA
has made a request through the arks and Recreation Board to
designate the fourth baseball Keld as a scheduled field.
The reason for this fourth fielo was due to the citizens
wanting to play ball and there "as not an open field. With
.he City' s growth, WSA is haviny more participation than
ver in their sports. WSA needt Council approval to use
his fourth field as a scheduled field. Motion was made by
�ouncilwoman Donovan to grant authority to WSA to use the
Aourth field as a scheduled field. Seconded by Councilman
Westerhof . The vote was as follows: Mayor Hughes - in
favor , Mayor Pro Tem Spence - in favor , Councilman Westerhof
- in favor , Councilman Brewster - in favor , Councilman
F.'lgham - in favor , and Councilwoman Donovan - in favor .
This motion carried with all in favor.
RAQ[_%T}+]RlTy TO WSA TO PROHIBIT USE OF BASEBALL FIELDS
!EN DETERMINED -TO BE IN_pOOR {JQNDITION: WSA has requested
. a authority to prohibit use of the baseball fields when
ccnditions are poor. This request has come about because
the fields were wet and muddy and the players went ahead
with their games. This caused considerable damage to the
fields' WSA has asPed the City to furnish signs stating
prohibiting the use of the fields and WSA will be
responsible for putting them up when conditions warrant it .
Staff will create ordinance for fees when fields are used
after the signs have been posted. Motion was made by
Councilman Fulgham to grant authority to WSA to post signs
prohibiting use of fields when conditions are poor.
Seconded by Councilman Westerhof . The vote was as follows:
Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor,
Councilman Westerhof - in favor, Councilman Brewster - in
favor, Councilman Fulgham - in favor, and Councilwoman
Donovan - in favor . This motion carried with all in favor .
COUNCIL DISCUSSION: Mayor Pro Tem Spence wanted to know how
the temporary sewer line for Southfork was coming. City
Manager Gus Pappas said the last report he had was the line
was at B. C. Woods property and the crew went back to
Southfork to work on the lift station.
REPORT ON RATE CONSULTANTS STUDY OF LONE STAR GAS RATE
INCREASE REQUEST: Mr . James Johnson said this request was
made in Feb. , 1986. The proposed rate structure would have
resulted in revenues of $32, 845. 00. This filling for rate
increase is the first one since 1982 for Lone Star Gas'
This rate increase was not based on increased gas costs but
operational , overhead and administrative costs associated
with their Wylie system operations. In Feb. , 1986 there
were five major areas that needed additional analysis.
These are: 1 . the use of working capital in the rate base by
Lone Star Gas; 2. the inclusion of the 1% adjusted value
���
increment factor or $93, 743. in the rate base; 3. return on
Equity, Lone Star Gas asked for 15. 08%; 4. Federal Income
Tax deferrals and their proposec handling of the unrestored
investment tax credits, and 5. ` oir rate of return' In
March , 1986 council approved a On day suspension of rate
change and requested further re, ew and analysis'
Mr. Jack Stowe, CPA of Pannell , err and Forester has
completed the rate analysis' Mr Stowe has submitted an
increase that would produce $15, V79. in additional reverue�
each year from the Wylie system ` o off set additional
operational expenses.
Mr . Stowe said his firm recnmmends the following:
1 . The company' s original net in`estment required to serve
the Wylie Distribution System is $367, 322 VS' E426, 189'
requested by the Company.
2. Based upon the proposed capital structure adjusted for
!'nown and measurable changes the Company' s cost of capital
er this analysis is 11 . 99%.
Under existing rates and a base cost of g&s of $3. 4944
MCF the Company' s adjusted test year earnings are
068 requiring additional revenues of $15, 379, to earn
ecommended rate of return previously stated ,
Ae recommend the following rate schedule to allow the
i ^my the opportunity to earn our recommended return:
Residential - Winter Base Rate Revnue
/inter Customer Charge 9, 123 X 5. 00 = $ 45, 615'
plock 1 71 , 602 X 4. 5044 = 322, 524
Winter Total $368` 139.
Summer Base Rate Revenue
Summer Customer Charge 6, 165 X 5. 00 = $ 30, 825'
Block 1 13, 832 X 5. 00 = 58, 847.
Summer Total $ 89, 672.
Commercial
Winter Customer Charge 784 X G. 00 = $ 6, 272.
Block 1 46, 141 X 4. 5044 = 207, 838.
Total Winter $214, 110.
Summer Base Rate Revenue
Summer Customer Charge 488 X 8. 00 = $ 3, 904.
Block l 9, 301 X 4. 2544 = 39, 570
Total Summer $ 43, 474.
Total revenue from Rates $715, 395.
Other Revenue 9, 403.
TOTAL RESIDENTIAL & COMMERCIAL
REVENUES $724, 798'
/ � /.
Mr , James Johnson said staff recomn s a rate increase that
would reflect $15, 379 in additional 'enues each year from
the Wylie system to off set additio operational expenses.
Mr . Cook from Lone Star Gas stated ^ he did not disagree
with the rate study that Mr. Stowe but if the increase
is not an adequate one, than Lone Si Gas will be back
before three years.
Mr . Johnson stated Lone Star Gas is r uesting a 15 1 /2%
return and Mr. Stowe has suggested a % return.
APPROVE AND SIGN ORDINANCE ESTABLISi1] _GAS RATE _THE
CITY OF WYLIE: Mr. James Johnson, Fit ice Director stated
that staff recommends an increase to L e Star Gas that will
produce $15, 379 in additional operati l expense Motion
was made by Councilman Fulgham to gra` a rats increase that
would produce $15, 379 in additional r, cues. Seconded by
Councilman Westerhof . The vote was as ollows: Mayor
Hughes - in favor, Mayor Pro Tem Spenc - in favor ,
Councilman Westerhof - in favor , Counc man Brewster - in
favor, Councilman Fulgham - in favor , - j Councilwoman
Donovan - in favor . This motion carri, with all in favor .
There being no other business, a motior jas made by Mayor
Pro Tem Spence to adjourn. All were ir, . avor .
___ --------------------
Don Hughes, Mayor
ATTEST:
___________ _________
Carolyn Jones, City Secretary
•
M 1 NU ES
PARKS & RECREAT I JN BOARD MEETING
CALLED METING
FRIDAY, MAY A: 3, L986
The Parks & Recreation Board for the City of Wylie, Texas,
had a called meeting on Friday, 1 y 23, 1986 at 6: 30 p.m. at
the Public Works Division Confer.-nce Room at 800 W. Kirby.
Notice of the meeting had been posted for the time and in
the manner required by law. Those present were Chairman
Retha Tibbals, Mrs. Peggy Sewell , Mr. Curtis Hale, Mr.
Morris Love, and Mr. John Morgan. Representing the City
staff were Mr. Gus Pappas, City Manager; Mr. Kenneth White,
Parks Supervisor; and Mrs. Susan Marquardt , Secretary.
Those absent were Mrs. Jayne Chapman, and Mr. Derek
Ammerman.
ITEM NO. 1 - APPROVAL OF THE MINUTES Chairman Retha
Tibbals called the meeting to order. Chairman Retha Tibbals
asked for any corrections or additions to the minutes. Mr.
John Morgan made motion to accept the minutes as submitted.
Mr. Morris Love seconded. Motion carried 4-0.
ITEM NO. 2 - 4TH BASEBALL FIELD - Mr. John Morgan addressed
the board that the Wylie Sports Association had approximatly
300 kids involved in the baseball program and the three
fields that we are currently using are not adequate to take
care of the WSA needs. What WSA would like to propose is to
develop the 4th baseball field, which is unplayable. The
WSA would like to schedule the field through June 15, 1986.
Mrs. Peggy Sewell asked how long would it take to get the
field ready? Mr. John Morgan replied that they could have
it ready over the weekend. Mr. John Morgan asked if they
understood why we have the uncheduled field? Mr. Curtis
Hale commented that we had some problems with people wanting
a field who were not in the WSA program. Mrs. Peggy Sewell
asked what WSA wanted was both to finish the field and use
the field through June 15, 1986, also would WSA maintain the
field? Mr. John Morgan answered yeS they would. Chairman
Tibbals asked the hours that the field would be in use? Mr.
John Morgan stated the field would be used on Monday,
Tuesday, Thursday, Friday and a few Saturday afternoons.
The hours would be from 6-7 p.m. There was some discussion
on what was going to be done to the field ater the WSA
season. Mrs. Peggy Sewell asked if we had the money for the
dirt? Mr. John Morgan state that the dirt was already on
the field and that the City would do the grading. Mr. Gus
Pappas addressed the board that they were giving the
emphasises in the wrong place, who 's going to do the work
and whether the sand is there is not the issue. The real
issue is that the 4th baseball field was used so that there
/6
•
would be a place for groups who < not associated with WSA
to play. Organized baseball is copular , that it ' s hard
for WSA to schedule all their gam M on the three fields; so
WSA is asking permission to use t _- 4th baseball field as a
scheduled field, which originally i °. a non-scheduled field.
After some discussion Mr. John Mc g n made motion to allow
WSA to use the 4th baseball field =..s a scheduled field until
June 17, 1966. Mr. Curtis Hale se:o' ded. Motion carried 4-
0.
ITEM NO. 3- SIGNS - Mr. John Morgan dressed the board that
recently we have had a lot of ral and the fields are
unplayable, there have been numeroL-. times, where people
have gone out and torn up the field=.. . I have talked with
Mr. Roy Faires, Code Enforcement Officer and in his opinion
a lock type sign that would say closed or open would be
great; but he wanted to know who would determine if the
fields are playable or not. Mr. John Morgan stated that Don
Taylor determines if WSA is to play or not. After some
discussion, Mrs. Peggy Sewell made motion to put up two lock
type signs. Mr. John Morgan seconded. Motion carried 4-0.
ITEM NO. 4 - GENERAL DISUSSION - Mr. John Morgan asked
Susan Marquardt how much longer it would be until the
stainless steel fixtures would be in? It is a hazard to
your health to use the restrooms. Mr. Gus Pappas said he
would try to expedite this. Did they not beat out the rest
of the fixtures? Mr. John Morgan asked if the toilet tissue
holders would come in at the same time.
ITEM NO. 5 - CITZENS PARTICIPATION - Mr. Don Taylor
addressed the board that he appreciated the City 's help in
getting the drainage ditch dug, which helps the water
situation when it rains. We still have water from the
parking lot and Eldridge field that washes out. We need to
spend a little money to build a terrace of some sort. It
will take 30-40 loads of sand to get the fields in shape for
next year. I hope that next years budget or this years
budget we could build up the fields because the rain just
washes the sand away. Mr. Gus Pappas stated that the fields
could be an Engineering problem. Mrs. Peggy Sewell asked if
Engineering could look at the problem before next year. Mr.
Don Taylor told Mr. Gus Pappas that at the adult tournaments
there 's alot of arguing and fighting. Is it possible to get
a police officer down there when they 're playing? Mr. Gus
Pappas stated that if you wanted an officer to sit down at
the tournaments, then you would have to pay for an off duty
officer. You could contact the Chief of Police. Mr. Gus
Pappas asked who took care of the pay phone? Mr. John
Morgan stated that he remembered some discussion on it. Mr.
Gus Pappas said to his recollection we couldn ' t get any
attention on it; at the same ti. the library wanted one.
We will contact the telephone com; any to see about getting a
pay phone down there. If we car t get a phone, we may be
able to put a radio in the conse. si on stand in order to be
able to contact the police.
Mr. Curtis Hale asked if we were still having trouble with
dirt bikes? Mr. John Morgan said, not as much as last year.
ITEM NO. 6 - ADJOURNED - Chairman Retha Tibbals adjourned
the meeting.
Chairman Retha Tibbals
MINUTES
PLANNING & ZONING COMMISSION
THURSDAY. MAY 15, 1986
The Planning and Zoning Commission for the City of Wylie,
Texas met in regular session on May 15, 1986 in the Wylie
Community Center. A quorum was present and notice of the
meeting had been posted for the time and in the manner
required by law. Those present were: Chairman Kent Crane,
Vice-Chairman Brian Chaney, Ben Scholz , Bill Chapman and
Fred Ouellette. Those absent were Ken Mauk and F. J . Hall .
Representing the city staff was Gus H. Pappas, City Manager;
Roy Faires, Code Enforcement Officer; and Amanda Maples,
Secretary.
The meeting was called to order at 7:00P.M. by Chairman Kent
Crane.
ITEM NO. 1 - APPROVAL OF MINUTES - Vice-Chairman Brian
Chaney made a motion to accept the minutes as presented.
Bill Chapman seconded the motion. Motion carried 5-0.
ITEM NO. 2 - PUBLIC HEARING ON RE-ZONING OF LOT 1 BLOCK 17
RAIL ROAD ADDITION - This property is described as lot 1 ,
Block 17, Railroad Addition, out of the James Truett Survey,
Collin County Abstract 920. The petitioner is asking for a
re-zoning of this lot from SF3 to BI . The staff recommends
approval . Chairman Kent Crane opened the public hearing.
There being on questions or opposition the public hearing
was closed and brought before the board for discussion.
Bill Chapman made a motion to accept the re-zoning. Vice-
Chairman Brian Chaney seconded the motion. Motion carried
4-00 with 1 abstain. Chairman Kent Crane abstained because
he is the requesting party.
ITEM NO. 3 - PUBLIC HEARING ON RE-ZONING OF 0.3241 ACRES ON
SH7B AND KIRBY STREET - This property is described as 0. 3241
acres out of the E.C. Davidson Survey, Collin County
Abstract 267 and is located on the northeast corner of SH78
and Kirby Street. It is the site of the Roadside Service
Station. The petitioner is asking for a re-zoning from
retail to B1 . City Manager Gus Pappas said that the Staff
has some reservations on the re-zoning of this piece of
property. Their purpose for this request is to expand and
add a convience store to the project. The staff feels that
their may be a problem with increased traffic on this
corner. Chairman Kent Crane opened the public hearing. Mr.
Karim Jalalat was present to speak on this project
representing Mr. Billy Hunt the owner of the property. Mr.
Jalalat presented the Commission with a set of proposed
plans for the expansion and addition of the convience store.
After some consideration of the plans Bill Chapman made a
9
motion to table this item d.. to a problem with the
dedication of an easement on K Street. Fred Ouellette
seconded the motion. Motion car J 5-0.
ITEM NO. 4 - PUBLIC HEARING ON r EXATION OF 2 ACRES ON E.
FM544 - This property is describ as 2. 521 acres out of the
J.L. Shelby Survey, Collin Co: y Abstract 819 and is
located at 1825 E. FM544. The t t meets the criteria for
annexation into the City of Wyla • is is contiguous to the
corporate limits of the City or least one border. The
staff has reviewed the petitic nd recommends approval .
Chairman Kent Crane opened the p. is hearing. There being
no questions or opposition the put c hearing was closed and
brought before the board for disc: ion. Bill Chapman asked
if there was any sewer on this act. City Manager Gus
Pappas replied that there was no ewer and no city water.
He went on to say that the buil ng was built without a
building permitt or inspection frc the City and he assumed
that he had a septic tank. Bill iapman stated that if we
annex this tract and someone else es out and builds out of
our jurisdiction and then requests :annexation then we would
also have to let them in. Chair an Kent Crane said that
this would be a problem to zone b ause of the combination
of single family use and the indus - ial use. Chairman Kent
Crane directed the floor to Mr. Addy and asked him his
opinion since he lives in this are Mr. Roddy stated that
what Mr. Spence had done was very lice and that it was an
improvement to the area. He als said , that he felt it
would be an asset to the City. V: e-Chairman Brian Chaney
made a motion to accept the annexat .1n. Ben Scholz seconded
the motion. Motion carried 4-0 w .:h 1 abstain. Chairman
Kent Crane abstained from the vote.
ITEM NO. 5 - PUBLIC HEARING ON A1+ ,aEXATION OF 19 ACRES ON
HOOPER ROAD - This property is desc ibed as 19. 42 acres out
of the L. K. Pegues Survey, Collin Cc..anty Abstract 703 and is
located on Hooper Road south of Hoc3er Business Park. The
staff has reviewed this petition and finds that it meets the
criteria for annexation and therefore, recommends approval .
City Manager Gus Pappas said that this was a voluntary
annexation. Chairman Kent Crane opened the public hearing.
There being no questions or opposition the public hearing
was closed and brought before the board for discussion.
Bill Chapman made a motion to accept the annexation. Fred
Ouellette seconded the motion. Motion carried 5-0.
ITEM NO. 6 - APPROVE FINAL PLAT FOR PHASE I SOUTHPLACE -
This property is located on the east side of S. Ballard
Street just south of the Wylie Middle School property and
across from West Wind Meadows. The preliminary plat was
approved several months ago. The developers came before the
Council a few meetings ago and asked for an extension of the
time on the preliminary so that they could now go ahead with
their final plat.
Vice-Chairman Brian Chaney aske why their are no alleys on
the south part of the property abutting the school . Mr.
Roddy said that their were twc easons why he had not put
alleys on this part. (1) The, is a pipeline that runs
across the property at that = nt and he did not want
anything built on or over that peline. (2) He felt that
more and more homeowners did r want rear entry garages
because alleys are a traffic prc em and are more accessable
to burglaries. Mr. Roddy also: said that you have more
off street parking with front entr garages. Ben Scholz made
a motion to accept the final pl Bill Chapman seconded
the motion. Motion carried 5-0.
ITEM NO. 7 - REQUEST FROM BAPTIS CHURCH TO IMPROVE R.O.W.
ON 1ST ST. AND MARBLE ST. =irst Baptist Church is
requesting permission to move the sidewalk onto City right-
of-way and to improve their park , g on First Street and on
Marble Street. The staff recommef- s approval .
At the request of First Baptist hurch Ben Scholz made a
motion to table this item. B 11 Chapman seconded the
motion. Motion carried 5-0.
ITEM NO. 8 - ADJOURN - Vice-Chaa man Brian Chaney made a
motion to adjourn. Bill Chapn n seconded the motion.
Motion carried 5-0.
Kent Crane, Chairman
Planning & Zoning Commission
Respectfully Submitted:
Amanda Maples, Secretary
ZuNIN6 80AR1) Oh ADJLS7^ ENTS
M1NLil �`_
T�'URSDAY-MAY a , I'28t
CL MMUN I T Y ROOM-7:00 P. M.
The Zor.. ni Board cf Adj1' traertt met in regular sessi _r. on
May 22, 173E at the Community Room in the Library. :;'_rorum
was br 'sent and notice cf the meeting was posted :r+ 0 = iWE:
arc ri_Ar:ner required by law. Members present. were Chairman
Pit Harris, Vice Chairman Garry Ludwig„ Clete Adams, Me ;in
Blakey, Code En`o--ce::1E nt Officer Roy Fairs and Rutn
Bennett , Secret ary.
Due to lack of a Du_+rL.m the workshop was moved to the first
item on the agenda.
At. 8 :a0 P. M. meet ino was brought to order by Chairman art
Harris.
.
APPROVAL OF THE MINUTES_ Mr. Adams made a motion to
approve the minutes and Mr. Ludwig second the motion. F:: i
were in favor.
CONSIDER APPROVAL OF APPLICATION FOR A VARIANCE FOR THE
ERRECTION OF A 320 FOOT TOWER_AT LOT_13, BLOCK 31,__RAILROAD
ADDN_, 200SOUTH FIRST ST. : Mr. Harris as Code
Enforcement Officer Roy ra_res to i a.f.e the City
prescntat• i�Win. Mr. F wires said c :e to the location of the
lot +te believed its ':he intention of the applicant to build
on t:-:e alley side. This property has been recently zoned
Retail and the ad.;acE r.t properties at least on two sides are
Residential , one side possibly Retail or B-1 . The intensity
of the area is h_chiy Residential. And the tower is three
time the regulated permitted he:rht. Staff is opposed. Six
letters were returned two in favor and four opposed.
Mr. Crum said it has come to his attention that fear of T. V.
interference was a concern. Nothing could be further frc:r.1
the truth. I have to two repeaters on St. Paul tower next
to there rec i ev i ng towers they run their equipment and we
run curs with no interference at all. The FCC would not
allow it. The reason I want to do this is I have five
repeators and my lease space is $800. 00 a month and the cart
control spectrum is getting crowded if I had my own tower I
cold control my own destiny. The tower is stressed for 100
MPH winds, with 16 ft. depth with dell bottoms. I never
heard of a tower going down. It has to be improved by the
FCC also. I plan to put strobe lights on the tower which
will run night and day. An alternate would be to by some
land somewhere. I feel kind like the jury has already been
a�_+ and made its decision before I could present my case.
Mr. Harris said no. My cor,cerr, safety : ` it falls in a
:-esident ia. area. I ' m approach in:: , is with an open mine. We
nave heard from the City, ar,c ,ant ar,y.:ne from the
Public like to say anything ?
My name is Curtis Watson, I own t e lots on Second St. and
i ' v ve did some safety factor rep -ch which indicates that
the tower would decrease property 1u_1es. Also the
appearance in the center of the C Safety factor is not
a prime factor although it is a c err;. Tower in Garland
KRLD was cc;nstructea never to fai Ale it cid fall
for-tunatly they hat enough proper• that no -one was hurt.
Mr. Crum said that this company w d not construct the
tower or sell it until they tell Am what level they are
going to put it at. Mr. Faires a if a soil test for
bea"ing rock was made. Mr. Crum d yes 12 to 14 feet.
deep. M . Faires said he knew of Averai that have got clay
as low as E5 ft. and the water toy, hac to co to 92 ft.
before the hit rock. Do: you have , Engineering drilling
report? Mr- . Crum has not done to;. Auch research but
whatever- we have to do we will do Mr. Lucwig wants to
know if any soil test were done? Faires said no. Mr.
Harris ask if the Board had any me questions. Mr. Ludwig
said safe-;.y was a primary concern :t we dont have reports
from an engineer or soil test the are si_ttstant ial to base
a judgement. Mr. Blakey said he h, no doubt that an
engineer ..could be able to put towe in the ground. Mr.
Harris said he would have like to c,'k at an Engineer' s
report to without that it' s hard t' make a decision. Mr
Crum said he could furnish rec; nr: er ed data. Mr. Harris ask
if he had any data? His reply was Mr. Harris ask if
the Board was ready to make a mot i - :.
Marvin Blakey made a motion to der:; this variance because of
appearance, decrease in property vi _te and _,nprover, safety
factor. Cleo Adams second i t. Al were in favor.
APPLICATION FOR A VARIANCE FOR ENCROUCHMENT ON FRONT
BUILDING LINE AT LOT 11,_ BLOCK A,_ OaKS IV, 107 LIBERTY DR. :
Mr. Roddy' s workman instead of raising the end of their
equipment to a point where they wog..d be reading
horizontally for- some reason known to them the measured from
ground level up to ground level. I must go on record as
being opposed but not violently opposed.
Mr. Reddy said he presumed that what occured didn' t show up
till the final survey. It needs to be corrected ed now instead
of 15 years down the line, I don' t think its noticable but
its costly to change and I don' t beleive there are any
safety problems. Mr. Faires said he lives one house down
from the structure and watched the house while under
construct ion it is not not icable from my house. Mr. Harris
ask if the house was on a hill? Mr. Reddy replied yes.
UeLIJ.1Tevl `sT.1.1ef-{ 4.1d
•.t r_n e Tie LAclAel t.l T 1 t Pt.t e+
t_ DI AS' s t 'q cs pt'J S8M +.'.Arlo( e �_�4 la�-�T 1':
,�� Asti a.1aM � j a_ �J�a�-� ,-a p P
•�1 ,,tee: uT a_1aM F.: tp:.+,_oa: a�it-' (>3
:J'}TM c1-J+J.F''T.4e'\ ST144 o4 tu'7'T 4.-,W a avetu 5TMpri j
•
May 28 , 1986
TO WHOM IT MAY CONCERN :
Pursuant to the requirement of the Home Rule Charter ,
adopted January 19 , 1965 , Article , Section 1D , the
following are designated to perform t e duties of the City
Manager in case of his absence or disat lity :
First : James Johnson
Director of Finance
if not available then :
Second : Royce Abbott
Chief of Police
if not available then :
Third : Carolyn Jones
City Secretary
if not available then :
Fourth : Roy Faires
Code Enforcement Officer
The above designations are effective upon the date of this
letter and the subsequent ratification by the City Council
as required by the Charter . Such designations shall remain
in effect until , in the opinion of the City Manager , there
has been a significant change in the personnel concerned or
in their normal organizational responsibilities . At such
time , a new letter of designation shall be drafted and
ratified by the Council replacing any previous letter of
designation .
The above mentioned designees are hereby reminded that such
designation is an acting and temporary assumption of the
authority and responsibilities of the office of City Manager
and is granted by the individual holding that office .
Therefore , every effort should be made during the periods
when this designation would become active to carry out the
policies and procedures consistent with the individual
currently holding that office and whose name is affixed to
this letter . Any action so taken should be immediately
reported to the City Manager upon his return and no
individual at a subsequent desionatior shall assume such
authority unless he has established that both the City
(Manager and all designees proceeding himself are
unavailable .
The appointment of a new Cit Manager other than the
undersigned will void the desi iations above and should be
replaced as dictated by the Cha :er within thirty ( 30 ) days
of that individual ' s assumptio of the duties of City
Manager .
This letter supercedes that wri ? : en on February 5 , 1985 and
subsequently ratified by the City Council .
Gus H . Pappas
City Manager
cc : Members of City Council
Designees
RATIFIED BY THE CITY COUNCIL OF THE CITY OF LJYLIE , A HOME
RULE POLITICAL SUEDIVISION OF THE STATE OF TEXAS ON THE
DAY OF 198E.
Don Hughes , Mayor
ATTEST :
Carolyn Jones , Ciry Secretary
D7
:OUHTV ZOLLI :
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%ea SIK 1/45.g /1-ote
cletu atia&ki
EXHIBIT "A"
BEING all that certain lot, tract or parcel of land situated in Collin
County, Texas, out of the J. D. SHELBY SURVEY, ABSTRACT NO. 819 and being
a part of that certain 78.2 acre tract conveyed to Russell Addington from
Paul and Alice Addington by deed of record in Volume 420, Page 135, Collin
County Deed Records, and being more particularly described as follows:
BEGINNING at an iron stake set for corner in the East line of Farm Road
#544, 1,989.3 feet North 00 deg. 32 min. East from the Highway Marker
located at the intersection of the East right-of-way line of Farm Road
#544, and the Northeast right-of-way line of Vinson Road #326, same being
the Southwest corner of a 3.194 acre tract conveyed to C. B. Martin by
deed recorded in Volume 734, Page 95, Deed Records, Collin County, Texas;
TE ENCE South 00 deg. 32 min. West 270.00 feet along East line of Farm Road
#544 to an iron stake set for corner, same being Northwest corner of a
2.8 acre tract conveyed to Robert A. Carraway by deed recorded in Volume
635, Page 204, Deed Records, Collin County, Texas;
THENCE South 89 deg. 28 min. East 588.64 feet along the North line of 2.8
acre tract to an iron stake set for corner;
THENCE North 42 deg. 42 min. 30 sec. West 248.80 feet to an iron stake
found for corner, same being Southeast corner of 3.194 acre tract;
THENCE North 77 deg. 29 min. West 427.50 feet along the South line of 3.194
acre tract to the PLACE OF BEGINNING and containing 2.521 acres of land,
and being the same property conveyed to Tillman D. Tramel and wife, by
deed recorded in Volume 980, Page 2, Deed Records, Collin County, Texas.
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ML.Li ,
PETITION FOR ANNEXATION
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY ,
TEXAS:
Now comes Riley Housewright of the County of
7.d4:-r-e and the State of ti ndand 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:
Tr. 5 - 1 acres
Tr. 5-9 18.42 acres out of the L. K. Pegues Survey, Abstract 703
r e 1--@. N\
F .‘..,--:_. , 7'::. --____-M-1-E3Z\
i`}` ' L
PETITION FOR ANNEXATION CONT' D. PAGE
Said �� � }}--/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.
Wi ess th hand of this petitioner this the _-1�day of
� ` 198
ignature
Please Print Name
J4-7 h -i vi1 w A vt
Address
r� DzkelC2, �I//6R1�.Rti'J /70/
City Zip
(.poi G6,332 93.
Telephone
THE STATE OF T-S: iXt -24"wei
COUNTY OF GO641.4N: /�ri�l
Before me, the und2:7. gned., N tary Public_ on this day
personally appeared �J• _ ��-- known to
me to be the person ose name is ibscri bed to the
foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein
expresses:
Ant
Given under my hand and seal of office this the / day
of �YIt��.�tJ , 198_4__.
7 -tt Notary Public, in
s. a u. r4. nAIL vy et t %•1/4.). ounv 1
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H. J. HARDIN SURVEY
A-438
c.1X.
PETITION FOR ANNEXATION
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY ,
TEXAS:
Now me __ ALA2_ _ W/' of the County of
,�, 'J2and the StAe 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:
PETITION FOR ANNEXATION CONT' D. PAGE 2
•
Said __1'U�t1y 1.,, __�__ �.�LaE_`�_
___ represents that he and
all other owners desire to bel 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 Is4 day of
---- � , 198 --
/2/
Sign ure
-
-MMjo;� r . beI
Please Pr i rit Name
Address
City Texas Zip
_;L-t- 44-a- 34-&,(,?
Telephone
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersi ned Not y Public on this day
personally appeared N• , known to
me to be the person whose name is su scribed 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 15= day
of _3: ,
Oddiut .:0111f 14(.)-A-pe..AJ
Notary Public, Collin County Texas
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1
WYI.IE RANCH EAST, PRASE ONE
r .ccR T PTTON
Rn i„Q Lot,: I . T . I, G and ir Ranch East
Cr..,,,.,c.rri.,1 ',r'c . in Add [ion tr, ';ollin County,
Tn•r.�S ,•t< .-.,r.�i r•,o t by mar the roo y , recorded to
%.'r,I,tmr , pi„., R the ",1r Rc•r• rcip of Collin
rr,,,r.• Tt,
-rrITTrTr.CTrr,••
•'r.. .�rh r ;‘• -t i cy that this
,:t,- _ ti t`rn"^•' . . ,In)- my directiOr
• hlt rr.r-r.,,,-n'_S Ole facts
,�.,rl 01a1' i 11 corners
m, "... • },an shown and
• , • hi • . . c'trrent Texas
G,t^'�•�nr •-. d Spec ficatior
r,. survey. This
C,.. • . 11e Title
I T ,-,. .,r ;, d the slit, iect
r• — --i Try : ,e : . T-:,� .•c• , ••rantee• and the
';ndr.r ' r,,,,r' ---,nt-,rgihle to any
nt1„vrc .
Tti
• v .• grime h r -, •mod 1 I Surveyor
Vr, nh
Alk •
'�'nt aka i -
1TrUr MOW ma
LAND TITLE SURVEY LOT SURVEY
WYLIE RANCH EAST COMMERCIAL PARK,LOTS i - 5 saga
COLLIN COUNTY, TEX a• tool
truu.
•
wio�lcr
�.rli8a
O.B.
'>gienw
NOTES
■D.
B. L.S. a ASSOCIATES , INC.
304 W. Rusk P. 0. Box 65
ROCKWALL, TEXAS 75087
(214) � 3036 226-7522
='E. i 7 O F : r i iN cg
THE STATE OF TE..r+S:
COUNT';' nF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYL i E, COLLIN COUNTY,
TEXAS:
Now comes Louis M. Dunklin 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 coprorations who are owners of the following
described tract of alnd which is within the City Limits of
the City of Wylie, in Collin County, texas, and described as
follows:
Being a tract of land situated in the Moses Sparks Survey, Abstract No. 849,
Collin County, Texas, being the same tracts as described in deeds to Ben W.
Young, recorded in Volume 662, Page 100 and Volume 2278, Page 153 of the
Deed Records of Collin County, Texas (D.R.C.C.T. ) and being more particularly
described as follows:
BEGINNING in the center of a dirt road at the northwest corner of the tract,
described in Volume 2278, Page 153, (D.R.C.C.T. ) , 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 lines of .
said tracts 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
the tract described in Volume 662, Page 100, (D.R.C.C.T. ) , 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 lines of -
said tracts 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 ,993,417 square feet or 45.763 acres of land.
5/C
PETITION FOR ZONING CONT' D. F'AGE 2
Said Louis M. Dunklin represents that he and all
other owners desire the zoning to be changed from
agriculture to MF , B-1, R in accordance with
the current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner , therefore, respectfully prays that the land
above described be zoned by the said City of Wylie, Teas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness the .hand of this petition r this the ___�-/11
day of _7 , 19S '
-HZZI/lAil&YIS_
Signature
Louis M. Dunklin
Please Print Name
The Texas Presbyterian Foundation
2014 Skyway Tower
400 N. Olive Street LB 245
Street address or Box No.
Dallas , Texas 75201
City Texas Zip
214-969-7551
Telephone
THE STATE OF TEXAS:
COUNTY OF -(a .LINIXIALLAS
Before me, the undersigned Notary Public on this day
personally appeared Louis M. Dunklin , 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 der my hand and seal of office this the c Sf� day
of _-- , 1984.
Notary Public, Dc in Cou y, Texas
,Dit1 ufl5
Existing Mobile Moms Park
703.42' N 89° 16' 13'E 1334. 17'
El
1
M
i r
s
V O
ic
�; MF
r 0
0 Multifamily District
=20.5 Acres
i
f
a
a
r A 1278. 80' 4--- 1
PROPOSED 60' R.O.W.
1 . 76 Acres
i Iv
t
i
1
R MF
o ,
Retail District Multifamily District C
f C
in = 4.4 Acres ± 11.6 Acres
r
c
0
(I
350.0' f--_--+ 923. 43' t`'�
l'i 1
1
B- 1
0
+o Bussiness District
N
N
6.6 Acres
A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERADILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas_, in compliance with the laws of the
State of Texas with reference to the granting of coning
changes under the zoning ordinance and zoning map, have
given requisite notices by publication and otherwise, and
after- holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
Body is of the opinion that the said change of zoning which
is on application of Louis M-, pua ljn should
d
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . That the Comprehensive Zoning Ordinance of the
City of Wylie, Texas, be and the same is hereby amended by
amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning district
classification to-wit:
Multi-family 32.10 ACXR,U_ Business ._L_..6r.6Acres
Retail 4.4 Acres
Said property being described as follows:
See attached
LEGAL DESCRIPTION
Being a tract of land situated in the Moses Sparks Survey, Abstract No. 849, Collin
:ounty, Texas, same tract being the third tract of land as described in a deed from
;.N. Gayler et ux to Herman the Deed Records,ofaCollSnptember County,I9,TexasS5 andnd beingomore rded in
lolume 504, Page 443 0f
,articularly described as follows:
3EGINNING 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 17J100')Collis;
feet the northeast corner being a 1 inch iron pipe
with a yellow cap marked
THENCE South 1 degree 27 minutes
hundred two feet West,
andwith
forty one east
hundredths said
(1502tract
a distance of one thousand
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 beingDears inchN iron 52' rod30" in
E the
93.5center
of a dirt
road from which a 24 inch Walnut tree
eet;
THENCE North 1 degree 02 minutes 37 seconds East, with the west line of said tract
and survey line a distance
thousand
POINTfour
BEGINNING ninety
containing 1 ,993,416 four
86
hundredths (1499 64/100' ) feet to the
square feet or 45.763 acres of land.
SECTION 2. That all ordinances of the City in conflict with
the provisions of this ordinance be, and the same are
hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3. That the above described property shall be used
only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or inv].aid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION S. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200. 00) for each
offense, and that each day such violation shall cone l nu!e to
exist shall constitute a separate offense.
SECTION i. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare -Co the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE.
TEXAS, this the 10th day of
I98
Don Hughes, Mayor
ATTEST:
Carolyn Jones, City Secretary
FETI T I+JN JE'
THE STIATI OF TEXAS:
COUNTY CF COLLIN:
TO THE CITY COUNCIL OF THE CITY C t _. _ _ ILL COUNT* .
TEXAS:
_ Karl W. Holder _ _-; _ +_;r t: Cr,
`� w nal1 aS.-----a+nd the State or Tea= .n+u .- pr =r: -_ '--
�t :
the Cit-- Council of the said CityJf N''i i =_ i _ :._i= . th_. L1 _
i s the owner or is + i�_ owner � r
yci=1 i�+u for all of :
corporations who are owners the -r_� . 1 ;:+i
partnerships or _ �-� � -described e tract� f land whi h i = within _ -e i Limits o
the Cityof Wylie, in Collin County, Te;a. t . _- ,-i dil bt_t> :_t
follows:
See attached sheet
PETITION FOR ZONING CCN ' '. PAGE -
Said
Karl W. Holder represents _h: he and all
other owners desire the zoning to be changed +r om
2-family to ---sf-3 __-_--_-- --- in accordance with
the current Zoning Ordinance and making saic zoning subject
to r City the appropriate laws, rules,e�=. =��;d regulations at i �_�r:= of said
relating to that classification ct zoning.
Your petitioner , ther-e-Core r-ef_pect+uii , pr-a ;_ that the land
above described be zoned by the _aid City of Wylie, i -r:a
as provided by Article 9740g o+ the RE')ISEE :IVIL STATUTES
OF THE STATE OF TEXAS.
Witness the hand of this petitioner this the ----ate._ -
day of _May. a-� --
Signature
Karl W. Holder
- - -- --- Please Print Name
2828 Woodside Street
Street address or E'^:--No.
Dallas, Texas 75204
City
214-823-8000
Tel ephnne
THE STATE OF TEXAS:
COUNT `r OF COLLIN:
Before me, the and sin d rWry F bl is on thisd
personally appeare - ��-� -.--__.--' mown to me to be
the person whose ame is subscribed to the f oreooi nu
instrument. and acn wl edged to ,m_' that he e;•'_•cut ed the same
for the purposes and considerati21 therein e? pr�==P�
G7. V- i lnder My hand and eel. .t of i'1 t_e th s the _ L5(i _...tea'.
of
•
Irti� MAZE OF TEXAS Notary •
N tar y Public:, Collin Co +i t T __.
NW
• .ti. w Cam 60.Mr,a,
'N
085071
APRIL 23. 1986
PROPERTY DESCRIPTION
BEING a tract of land in the Francisco De La Pine Survey,Abstract No. 688, situated in the City
of Wylie, Collin County, Texas, and also being a part of that certain 32.697 acre tract of land
conveyed to Hollandia Development Company by deed recorded in Volume 2071 , Page 378 of the
Deed Records of Collin County,Texas,and being more particularly described as follows:
BEGINNING at the most Westerly Northwest corner of the 32.697 acre tract;
THENCE North 88'23' East, 273.47 feet;
THENCE North 0'00'16"West, 159.34 feet;
THENCE North 89'59'44"East 482.31 feet to a point on the East line of the 32.697 acre tract;
THENCE South 0'06'12"West along the East line of the 32.697 acre tract, 667.19 feet;
THENCE North 89'58'27" West, 754.68 feet to a point on the West line of the 32.697 acre
tract;
THENCE North 0'01'33" East along the West line of the 32.697 acre tract, 499.76 feet to the
PLACE OF BEGINNING,and containing T0.5386 acres of land, more or less.
Date ¢, 23-1,6 Le_gesi2/z.
George G. Pewitt
Registered Public Surveyor
�E OF TFr.
gyp,•••'..T •� •tq
j%mil '
(t GEORGE G. PEWITT
v.6. 4171 :Q
9 C
k4.‘Q:k.),-
,
0
• vT
T `" ' ice Ngg• 17' 43'E 548. .'00'
48297
03' I
1
N
11\ U1
.411
0 W N1 Q
✓ Cr) NI
N a
CO m Il
� to
3 IU i
10 a0 N89'59'44'E 482-31' •
pi)4,0 0 0 Qa h 'Tr'',3 z 14 t.23' iV Csr
O O �a 26T P.4,z. m V s3 -�\N /Y /�' Qom•Q� \�.
z cn _124'-_- 967/ /36 N` 0 •
"N89`59'744'E-" 134
o N ,"^��.''/54 0
1 Imo. 3a� ; hb, 144 �n� n
/56 co
/ 0 � 3�
41 ' 44 0 0 /16 . C, , i •E-
N88' 23' 0*" s ' •4' ' -- -ur'o -"!- 5° ' cr .o 22rv•c '01
pPr '3395'46 w i 4Ilk
v
124.21'
i53.90' 126.48' /G6 ' m
ArV
14 ��� N89' 59' 44 E N89'58'27 W 5' �' I i 10' �^
• v, m � 54 24 �� � � SOZ /16 �'• ' , t ,, S89' 53'48'
r26 3169,81TP1Z.0` �' v / 56 L►.ry Cb //a .84' `V . /
Ali 8 3' 1 2- r
N89'58' W 5 4//e4 S89'58' 7
Z 70• ' 1V ' • u76 1
m" 6 Z m I7.�c. �Q I N.
in I �l a „
133.20' `� 'a �v1 • /8a
\ ,a ( j) ° °�� �( w b o'° �� i t 5 BL'- o I ` �V
120.�8 84
' ri. 94.03: 7Q' ''! 7l� Z 7�. N /9a
4 N V.
Vi RI
-i S89'58'27'E 437. - In �b _
4 b JA.5DA/ LANE ti „
b4 120' u 76.-, ' 1375.'48' ; ;75.�48' 376.80' — u
I ZOa. _
25'BL 2 - 0 -
�° o
6 o /a 1'/bo 0 Z6= - 30 13b i 4Q 4 5 5 z - ,,, 6
5Sow o I _V ` `� I � v
76. In 75,.4,6' 5.,48' N 76 66' - . - /4 - w
Q - O 'er' m' 1.
n /5" '//Cc/ S'9' 5 ' ,T , e n
�• Gb fD — N 76 6 ' 5. �48' r �{jJ75.48' W76.73' N \ _ rilzd2
W. 44°1 in U *'1 I m ¶ -S89i534-4:
Ir, t0 N_ � Q n.
.1_ 0 o ' a/R= Mr_ b d.= 76 a 9:6 act Zt b °'
0 2.5 B C') o 1'
o m /Db / O
co 20'e z 76 ' 0' ii0' r` ,
167.50' EAST 437. 14' a4e ,5'r✓eEEr 150'
N89'58'27'W q) S89'58'27'E 587. 14' amo
120' 78.61A z 68
. 2025L� in
1 25'8t.- 3
n N !8 .b O
120' v i o 0 0
N89' 58'27'W In �` i o 0 „ gg N(7B5' •
78.61' I N 68' ' " N
m 2 m n /5'q/!ty S89• 27'E C
N 76' 6,757' " � 'fit " 87.57' w 92.83' .H0.28'
il
to o/ .� /� •~
�+ O 25BL�} p?ss~
5✓4521 2
m , 1 o of E
_ 76' z6757' "61 ,, 87.57' s.26• Zs
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
S1-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of coning
changes under the zoning ordinance and zoning map, have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
nc
Body is of the opinion that the said change of zoning which
is on application of Karl Holder - Eastrid_,ge should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . That the Comprehensive Zoning Ordinance of the
City of Wylie, Texas, be and the same is hereby amended by
amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning district
classification to-wit:
_.ing1 F�mi.Lv_3
Said property being described as follows:
see attached
.85071
APRIL 23. 1986
PROPERTY DESCRIPTION
BEING a tract of land in the Francisco De la Pine Survey,Abstract No. 688.situated in the City
of Wylie, Collin County, Texas. and also being a part of that certain 32.697 acre tract of land
conveyed to Hoilandla Development Company by deed recorded in Volume 2071,Page 378 of the
Deed Records of Collin County,Texas,and being more particularly described as follows
BEGINNING at the most Westerly Northwest corner of the 32.697 acre tract;
THENCE North 88.23' East,273.47 feet; - -
THENCE North 0'00'16"West, 159.34 feet;
THENCE North 89'59'44'East 482.31 feet to a point on the East line of the 32.697 acre tract;
THENCE South 0'06'12"West along the East line of the 32.697 acre tract,667.19 feet;
THENCE North 89'58'27" West. 754.68 feet to a point on the West line of the 32.697 acre
tract;
THENCE North 0.01'33" East along the West line of the 32.697 acre tract, 499.76 feet to the
PLACE OF BEGINNING,and containing T0.5386 acres of land,more or less.
Date ¢, 3-8 Lai nee z, ZE ?
George G. Pewitt
Registered Public Surveyor
'`P-c..........
... •.Tic+4
�• GEORGE G. PEWITT
,o: 4171 :�
=o
G•.etc` „.. 4
SECTION 2. That all ordinances of the City in conflict with
the provisions of this ordinance be, and the same are
hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3. That the above described property shall be used
only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or invlaid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION O. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200. 00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION 6. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the 10th day of
198 6
Don Hughes, Mayor
ATTEST:
Carolyn Jones, City Secretary
APPLICATION
TO
1 j Board of Adjustment and Appeals (Building) ORDINANCE 83-15
I Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
Ix 1 Planning and Zoning Commission ORDINANCE 81-5 '
NAME Murry Building Co. , Inc . -
ADDRESS 4050 W. Park Plano, Tex. 75075
LOT See attached list BLOCK
SUBDIVISION Fointe North Addition- Phase II
BASIS OF APPLICATION:
I1 Interpretation
Special exception for use or development
Variance
X Rezoning
ni Exception to Building Code
EXPLANATION:
Please see sttached
SIGNITURE of APPLICANT -- -
Leolar,d E. Muller, Murry Bldg. C
DATE `'' -': --- -:.C''' :-
Must be accompanied by filing fee of $ 250 . 00fQ
5— a- --
Received:
Date: 5-ate- S(p
- CODE E FORCEMENT OFFICER
H9V�
5/21/86
Planning & Zoning Commission
City of Wylie
This statement serves as attachment to & part of Application
to Planning & Zoning Commission of Wylie- Ordinance 81-5.
Case I- Reference made to Lots 1-16 Blk. J, Lots 1-8 Blk. M &
Lots 9-16 Blk. H; all located in Pointe North- Phase II.
Request: To re-zone from old SFI to new SF-2.
Explanation: Purpose of re-zoning is to maintain visual equality
on Winding Oaks Drive as well as Kamber Lane which
will enhance overall appearance of area.
Case II- Reference to Lots 1-11 Blk. L, Lots 27-57 Blk. E &
Lots 1-6 Blk. K; all located in Pointe North- Phase II.
Request: To re-zone from 2F to new SF-3.
Explanation: Purpose of re-zoning request is to establish uniformity
in the community which will result in higher property
value & resident appreciation.
Signature of Applicant:
Title: ��%X
Date: /y2/<
4050 West Park Boulevard • Plano,Texas 75075 • Telephone(214)596-1057
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SLIM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map, have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
Body is of the opinion that the said change of zoning which
i s on application of --Jiurryjwilding-cQ, , Inca -._-- should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . That the Comprehensive Zoning Ordinance of the
City of Wylie, Texas, be and the same is hereby amended by
amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning district
classification to-wit:
Single Family 2 and Single Family 3
Said property being described as follows:
Single Family 3 - Lots 1 - 11 Block L, Lots 27 - 57 Block E
Lots 1-6 Block K Pointe North
Single Family 2 Lot 1 - 16 Block J Lots 1 - 8 Block M
Lots 9 - 16 Block H Pointe North
SECTION 2. That all ordinances of the City in conflict with
the provisions of this ordinance be, and the same are
hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain
in full force and effect .
SECTION 3. That the above described property shall be used
only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or invlaid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning_
Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subiect to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200. 00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION b. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the __orb day of
19S_6__
Don Hughes, Mayor
ATTEST:
Carolyn Jones, City Secretary
FULBRIGHT & JAWORSKI
2001 Wan Tower,Sake 1400 Houston
OQNMs,Texas 75201 Washington,ae
Austin
p
((�� (�f(� Telephone:2141969-0022 San Antonio
London Dallas
Zurich
June 4 , 1986 - 519�
jj
Ms . Carolyn Jones
City Secretary
City of Wylie
P. 0. Box 428
Wylie, Texas 75098
Re: $160,000 "City of Wylie, Texas, Waterworks and Sewer
System Revenue Bonds, Series 1986" , dated July 1, 1986
Dear Ms . Jones:
Enclosed herewith is a notice of meeting to be posted in
accordance with the attached memorandum. Said notice pertains
to the meeting of the City Council to be held June 10, 1986,
and is concerned with the action to be taken by the Council
with respect to the issuance and sale of the above described
bonds and the execution of a Paying Agent/Registrar Agreement
in connection therewith.
If a notice of meeting has already been posted for such
meeting and said notice includes the subject matter mentioned
above, the enclosed notice may be discarded.
Should you have any questions, please advise.
Sincerely,
Z' , /d '
7-e,
Ed H. Esquivel
EHE:dfc
Enclosures
cc: Mr . David Medanich
NOTICE OF MEETING
NOTICE is hereby given that the City Council of the City
of Wylie, Texas will meet at o'clock P.M. on the 10th day
of June, 1986, at
, Wylie, Texas, and during such
meeting will consider all matters incident and related to the
issuance and sale of $160, 000 "City of Wylie, Texas, Waterworks
and Sewer System Revenue Bonds, Seires 1986" , dated July 1,
1986, including the passage of an ordinance authorizing the
issuance of such bonds and a resolution approving and
authorizing the execution of a Paying Agent/Registrar Agreement
in connection therewith.
Administrative Officer
MEMORANDUM
Article 6252-17, V.A.T.C.S. requires that written notice be given of the date,
hour, place and subject of each meeting held by the governing body of a
governmental entity. Such written notice must be posted "for at least 72 hours
preceding the scheduled time of the meeting, except, that in case of emergency or
urgent public necessity, which shall be expressed in the notice, it shall be
sufficient if notice is posted two hours before the meeting is convened." In cases
of emergency meetings, special notice by telephone or telegraph must also be given
in advance of the meeting to any news media which has previously filed a request
for such special notice at the headquarters of the governmental body and consented
to pay any and all expenses incurred by the governmental body in providing such
special notice. Additionally, when a meeting is to be held and the 72 hours notice
requirement has been satisfied, additional subjects may be added to the agenda of
the meeting by posting a supplemental notice in the same manner as required for
posting notice of an emergency meeting.
Places of Posting:
CITY — City Sall
COUNTY — County Courthouse
SCHOOL DISTRICT — Central Administrative Office and, in addition, shall
give notice by telephone to any news media requesting such notice and
consenting to pay any and all expenses incurred in providing special
notice.
WATER DISTRICT, OTHER DISTRICT, OR OTHER POLITICIAL SUBDIVISION —
(a) covering all or part of four or more counties — Administrative
Office and delivered to the Secretary of State for posting at the
main office of the Secretary of State; and also delivered to the
County Clerk of the county in which the administrative office of the
district or other political subdivision is located for posting in the
county courthouse.
(b) all others — Administrative Office and delivered to the County
Clerk of the county or counties in which located for posting in the
county courthouse.
STATE GOVERMIENTAL BODIES — notice to be delivered to the Secretary of
State for posting in the main office of the Secretary of State.
IN ALL CASES, NOTICES ARE TO BE POSTED AT PLACES CONVENIENT AND READILY ACCESSIBLE
TO THE GENERAL PUBLIC AT ALL TINS.
The statute provides that any action taken by a governmental body at a meeting on a
subject which was not stated on the agenda in the notice posted for such meeting is
VOIDABLE. The officer charged with certifying proceedings adopted and passed by
the governmental body will be required to certify that notice of the meeting, and
the subject matter represented by the proceedings, was given in advance of the
meeting in compliance with said Article 6252-17, V.A.T.C.S., as amended.
FULBRIGST i JAWORSKI
FULBRIGHT & .JAWORSKI
2001 Bryan Tower,Suite 1400 Houston
Dallas, Texas 75201 Washingtcn,D.C.
Austin
Telephone:2 141969-0022 San Antonio
QM/at
London
Zurich
June 5, 1986 VIA FEDERAL EXPRESS
Mr . James Johnson
Director of Finance
City of Wylie
114 North Ballard
Wylie, Texas 75098
Re: $160, 000 "City of Wylie, Texas, Waterworks and Sewer
System Revenue Bonds, Series 1986" , dated July 1, 1986
Dear Mr . Johnson:
In reference to the issuance of the above described
bonds, enclosed herewith is a draft of the ordinance
authorizing the issuance of such bonds, together with a draft
of the resolution approving and authorizing the execution of a
Paying Agent/Registrar Agreement, for your review and
distribution to councilmembers prior to the meeting to be held
June 10, 1986 .
Should you have any questions, please advise.
Sincerely,
< 6!::'
:;;;/2
Ed H. Esquivel
EHE:dfc
Enclosures
cc: Mr. David Medanich
•
ORDINANCE NO.
AN ORDINANCE authorizing the issuance of "CITY OF WYLIE,
TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE
BONDS, SERIES 1986" ; prescribing the terms,
features and specifications of said bonds;
pledging the net revenues of the City' s combined
Waterworks and Sanitary Sewer System to the
payment of the principal of and interest on said
bonds ; resolving other matters incident and
related to the issuance, sale, security, payment
and delivery of said bonds ; and providing an
effective date.
WHEREAS, the City Council hereby finds and determines that
revenue bonds approved and authorized to be issued at an
election held September 26, 1970 should be issued and sold at
this time; a schedule of the revenue bonds approved at said
election, as well as at an election held July 7, 1979, which
identifies the respective authorized purposes and amounts
approved therefor, amounts previously issued and being issued
pursuant to the terms of this ordinance and amounts remaining
to be issued subsequent to the date hereof, being as follows :
Authorized Previously Amounts
Election Authorized Principal Issued Being Unissued
Date Purpose Amount Amounts Issued Balance
9-26-70 Sewer System $ 400,000 $ 236,000 $ 160,000 $ 4,000
Imp. & Exten.
7-7-79 Water System $ 400,000 $ 248,000 $ -0- $152,000
Imp. & Exten.
AND WHEREAS, the City Council hereby further finds and
determines that ( 1) the sewer improvements and extensions for
which such revenue bonds were voted have not previously been
acquired or constructed and the need for such improvements and
extensions to the sewer system continues to exist and (2) all
of such revenue bonds can and should be issued on a parity with
the City' s outstanding revenue bonds (hereinafter defined and
identified as "Previously Issued Bonds") payable from and
equally secured by a first lien on and pledge of the Net
Revenues of the City' s Waterworks and Sanitary Sewer System
(the "System") in that (a) the City is not now in default as to
any covenant, condition or obligation prescribed in the
ordinances authorizing the issuance of the outstanding
Previously Issued Bonds, (b) the Bonds herein authorized have
been voted at an election duly called and held for that purpose
as provided by law, ( iii) the City can secure from an
independent Certified Public Accountant a certificate showing
that the net income and revenues of the System, after full
provisions have been made for adequate maintenance and
operation charges, for the completed fiscal year immediately
preceding the issuance and sale of the Bonds herein authorized,
are equal to at least one and one-half ( 1-1/2) times the
maximun annual requirements for the payment of principal and
interest on all outstanding bonds secured by a first lien and
pledge of the Net Revenues of the System, after giving effect
to the issuance of the Bonds herein authorized; and
WHEREAS, the City Council hereby expressly reserves the
right to issue the balance of revenue bonds approved at the
aforesaid elections in one or more installments as the Council
in its sole discretion shall determine; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1 : Authorization-Designation-Principal Amount-
Purpose. Revenue bonds of the City shall be and are hereby
authorized to be issued in the aggregate principal amount of
$160, 000, to be designated and bear the title "CITY OF WYLIE,
TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1986"
(hereinafter referred to as the "Bonds" ) , for the purpose of
improving and extending the City' s Sanitary Sewer System, in
accordance with authority conferred at the aforesaid election
and in conformity with the Constitution and laws of the State
of Texas, including Article 1111, et . seq. , V.A.T.C. S.
SECTION 2 : Fully Registered Obligations - Authorized
Denominations - Stated Maturities - Date - Interest Rates .
The Bonds are issuable in fully registered form only; shall be
dated July 1, 1986 (the "Bond Date") and, other than the single
Initial Bond described in Section 7 hereof, shall be in
denominations of $5, 000 or any integral multiple thereof
(within a Stated Maturity) , and the Bonds shall become due and
payable on June 1 in each of the years and in principal amounts
(the "Stated Maturities") and bear interest at per annum rates
in accordance with the following schedule:
Year of Principal Interest
Stated Maturity Amount Rate(s)
1988 $ 5,000 8 .40%
1989 5, 000 8.40%
1990 5,000 8 . 40%
1991 5, 000 8. 40%
1992 5, 000 8 . 40%
1993 5,000 8 .40%
1994 5,000 8 .40%
-2-
5
1995 5, 000 8 . 40%
1996 5 , 000 8 . 40%
1997 10, 000 8 . 40%
1998 10, 000 8 . 40%
1999 10, 000 8 .40%
2000 10 , 000 8 .40%
2001 10, 000 8 . 40%
2002 10, 000 8 . 40%
2003 10, 000 8 . 40%
2004 15, 000 8 . 40%
2005 15 , 000 8 . 40%
2006 15, 000 8 .40%
The Bonds shall bear interest on the unpaid principal
amounts from the Bond Date at the rate(s) per annum shown above
in this Section (calculated on the basis of a 360-day year of
twelve 30-day months) . Interest on the Bonds shall be payable
on June 1 and December 1 in each year, commencing June 1 , 1987 .
SECTION 3 : Terms of Payment-Paying Agent/Registrar .
The principal of, premium, if any, and the interest on the
Bonds, due and payable by reason of maturity, redemption or
otherwise, shall be payable only to the registered owners or
holders of the Bonds (hereinafter called the "Holders")
appearing on the registration and transfer books (the "Security
Register") maintained by the Paying Agent/Registrar and the
payment thereof shall be in any coin or currency of the United
States of America, which at the time of payment is legal tender
for the payment of public and private debts, and shall be
without exchange or collection charges to the Holders .
The selection and appointment of MBank Dallas, N.A. ,
Dallas, Texas to serve as Paying Agent/Registrar for the Bonds
is hereby approved and confirmed. The City covenants to
maintain and provide a Paying Agent/Registrar at all times
until the Bonds are paid and discharged, and any successor
Paying Agent/Registrar shall be a bank, trust company,
financial institution or other entity qualified and authorized
to serve in such capacity and perform the duties and services
of Paying Agent/Registrar. Upon any change in the Paying
Agent/Registrar for the Bonds, the City agrees to promptly
cause a written notice thereof to be sent to each Holder by
United States Mail, first class postage prepaid, which notice
shall also give the address of the new Paying Agent/Registrar.
Principal of and premium, if any, on the Bonds shall be
payable at the Stated Maturities or the redemption thereof,
only upon presentation and surrender of the Bonds to the Paying
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l��
•
Agent/Registrar at its principal office. Interest on the Bonds
shall be paid to the Holders whose name appears in the Security
Register at the close of business on the Record Date (the 15th
day of the month next preceding each interest payment date)
and shall be paid by the Paying Agent/Registrar ( i) by check
sent United States Mail, first class postage prepaid, to the
address of the Holder recorded in the Security Register or (ii)
by such other method, acceptable to the Paying Agent/Registrar,
requested by, and at the risk and expense of, the Holder. If
the date for the payment of the principal of or interest on the
Bonds shall be a Saturday, Sunday, a legal holiday, or a day on
which banking institutions in the City where the Paying
Agent/Registrar is located are authorized by law or executive
order to close, then the date for such payment shall be the
next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day on which banking institutions are authorized to
close; and payment on such date shall have the same force and
effect as if made on the original date payment was due.
In the event of a nonpayment of interest on a scheduled
payment date, and for thirty (30) days thereafter, a new record
date for such interest payment (a "Special Record Date") will
be established by the Paying Agent/ Registrar, if and when
funds for the payment of such interest have been received from
the City. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (which shall be
15 days after the Special Record Date) shall be sent at least
five (5) business days prior to the Special Record Date by
United States Mail , first class postage prepaid, to the address
of each Holder appearing on the Security Register at the close
of business on the last business day next preceding the date of
mailing of such notice.
SECTION 4 : Redemption. (a) Optional Redemption. All
Bonds shall be subject to redemption prior to maturity, at the
option of the City, in whole or in part in principal amounts of
$5,000 or any integral multiple thereof (and if within a Stated
Maturity by lot by the Paying Agent/Registrar) , on any interest
payment date at the redemption price of par plus accrued
interest to the date of redemption.
(b) Exercise of Redemption Option. At least forty-five
(45) days prior to a redemption date for the Bonds (unless a
shorter notification period shall be satisfactory to the Paying
Agent/Registrar) , the City shall notify the Paying
Agent/Registrar of the decision to redeem Bonds, the principal
amount of each Stated Maturity to be redeemed, and the date of
redemption therefor . The decision of the City to exercise the
right to redeem Bonds shall be entered in the minutes of the
governing body of the City.
-4-
�C�
(c) Selection of Bonds for Redemption. If less than all
Outstanding Bonds of the same Stated Maturity are to be
redeemed on a redemption date, the Paying Agent/ Registrar
shall treat such Bonds as representing the number of Bonds
Outstanding which is obtained by dividing the principal amount
of such Bonds by $5, 000 and shall select the Bonds , or
principal amount thereof, to be redeemed within such Stated
Maturity by lot .
(d) Notice of Redemption. Not less than thirty (30) days
prior to a redemption date for the Bonds, a notice of
redemption shall be sent by United States Mail , first class
postage prepaid, in the name of the City and at the City' s
expense, to each Holder of a Bond to be redeemed in whole or in
part at the address of the Holder appearing on the Security
Register at the close of business on the business day next
preceding the date of mailing such notice, and any notice of
redemption so mailed shall be conclusively presumed to have
been duly given irrespective of whether received by the Holder .
All notices of redemption shall (i) specify the date of
redemption for the Bonds, (ii) identify the Bonds to be
redeemed and, in the case of a portion of the principal amount
to be redeemed, the principal amount thereof to be
redeemed, (iii) state the redemption price, (iv) state that the
Bonds, or the portion of the principal amount thereof to be
redeemed, shall become due and payable on the redemption date
specified, and the interest thereon, or on the portion of the
principal amount thereof to be redeemed, shall cease to accrue
from and after the redemption date, and (v) specify that
payment of the redemption price for the Bonds, or the principal
amount thereof to be redeemed, shall be made at the principal
office of the Paying Agent/Registrar only upon presentation and
surrender thereof by the Holder. If a Bond is subject by its
terms to prior redemption and has been called for redemption
and notice of redemption thereof has been duly given as
hereinabove provided, such Bond (or the principal amount
thereof to be redeemed) shall become due and payable and
interest thereon shall cease to accrue from and after the
redemption date therefor; provided moneys sufficient for the
payment of such Bond (or of the principal amount thereof to be
redeemed) at the then applicable redemption price are held for
the purpose of such payment by the Paying Agent/Registrar .
SECTION 5 : Registration - TransferExchange of Bonds-
Predecessor Bonds . A Security Register relating to the
registration, payment, and transfer or exchange of the Bonds
shall at all times be kept and maintained by the City at the
principal office of the Paying Agent/Registrar, as provided
herein and in accordance with the provisions of an agreement
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7
with the Paying Agent/Registrar and such rules and regulations
as the Paying Agent/Registrar and the City may prescribe. The
Paying Agent/Registrar shall obtain, record, and maintain in
the Security Register the name and address of each and every
owner of the Bonds issued under and pursuant to the provisions
of this Ordinance, or if appropriate, the nominee thereof . Any
Bond may be transferred or exchanged for Bonds of other
authorized denominations by the Holder, in person or by his
duly authorized agent , upon surrender of such Bond to the
Paying Agent/Registrar for cancellation, accompanied by a
written instrument of transfer or request for exchange duly
executed by the Holder or by his duly authorized agent, in form
satisfactory to the Paying Agent/Registrar.
Upon surrender of any Bond for transfer at the principal
office of the Paying Agent/Registrar, the Paying
Agent/Registrar shall register and deliver, in the name of the
designated transferee or transferees, one or more new Bonds of
authorized denominations and having the same Stated Maturity
and of a like aggregate principal amount as the Bond or Bonds
surrendered for transfer.
At the option of the Holder, Bonds may be exchanged for
other Bonds of authorized denominations and having the same
Stated Maturity, bearing the same rate of interest and of like
aggregate principal amount as the Bonds surrendered for
exchange, upon surrender of the Bonds to be exchanged at the
principal office of the Paying Agent/ Registrar . Whenever any
Bonds are surrendered for exchange, the Paying Agent/Registrar
shall register and deliver new Bonds to the Holder requesting
the exchange.
All Bonds issued in any transfer or exchange of Bonds
shall be delivered to the Holders at the principal office of
the Paying Agent/Registrar or sent by United States Mail , first
class, postage prepaid to the Holders, and, upon the
registration and delivery thereof, the same shall be the valid
obligations of the City, evidencing the same obligation to pay,
and entitled to the same benefits under this Ordinance, as the
Bonds surrendered in such transfer or exchange.
All transfers or exchanges of Bonds pursuant to this
Section shall be made without expense or service charge to the
Holder, except as otherwise herein provided, and except that
the Paying Agent/Registrar shall require payment by the Holder
requesting such transfer or exchange of any tax or other
governmental charges required to be paid with respect to such
transfer or exchange.
-6-
C?�
Bonds cancelled by reason of an exchange or transfer
pursuant to the provisions hereof are hereby defined to be
"Predecessor Bonds, " evidencing all or a portion, as the case
may be, of the same obligation to pay evidenced by the new Bond
or Bonds registered and delivered in the exchange or transfer
therefor . Additionally, the term "Predecessor Bonds" shall
include any mutilated, lost, destroyed, or stolen Bond for
which a replacement Bond has been issued, registered and
delivered in lieu thereof pursuant to the provisions of
Section 28 hereof and such new replacement Bond shall be deemed
to evidence the same obligation as the mutilated, lost ,
destroyed, or stolen Bond.
Neither the City nor the Paying Agent/ Registrar shall be
required to issue or transfer to an assignee of a Holder any
Bond called for redemption, in whole or in part , within 45 days
of the date fixed for the redemption of such Bond; provided,
however, such limitation on transferability shall not be
applicable to an exchange by the Holder of the unredeemed
balance of a Bond called for redemption in part.
SECTION 6 : Execution - Registration. The Bonds shall
be executed on behalf of the City by the Mayor under its seal
reproduced or impressed thereon and countersigned by the City
Secretary. The signature of said officers on the Bonds may be
manual or facsimile. Bonds bearing the manual or facsimile
signatures of individuals who are or were the proper officers
of the City on the Bond Date shall be deemed to be duly
executed on behalf of the City, notwithstanding that such
individuals or either of them shall cease to hold such offices
at the time of delivery of the Bonds to the initial
purchaser(s) and with respect to Bonds delivered in subsequent
exchanges and transfers, all as authorized and provided in the
Bond Procedures Act of 1981, as amended.
No Bond shall be entitled to any right or benefit under
this Ordinance, or be valid or obligatory for any purpose,
unless there appears on such Bond either a certificate of
registration substantially in the form provided in Section 8C,
manually executed by the Comptroller of Public Accounts of the
State of Texas, or his duly authorized agent, or a certificate
of registration substantially in the form provided in
Section 8D, manually executed by an authorized officer,
employee or representative of the Paying Agent/Registrar, and
either such certificate duly signed upon any Bond shall be
conclusive evidence, and the only evidence, that such Bond has
been duly certified, registered and delivered.
-7-
SECTION 7 : Initial Bond(s) . The Bonds herein
authorized shall be initially issued either (i) as a single
fully registered bond in the total principal amount of $160, 000
with principal installments to become due and payable as
provided in Section 2 hereof and numbered T-1, or (ii) as
nineteen ( 19) fully registered bonds, being one bond for each
year of maturity in the applicable principal amount and
denomination and to be numbered consecutively from T-1 and
upward (hereinafter called the "Initial Bond(s) " ) and, in
either case, the Initial Bond(s) shall be registered in the
name of the initial purchaser(s) or the designee thereof . The
Initial Bond(s) shall be the Bonds submitted to the Office of
the Attorney General of the State of Texas for approval ,
certified and registered by the Office of the Comptroller of
Public Accounts of the State of Texas and delivered to the
initial purchaser(s) . Any time after the delivery of the
Initial Bond(s) , the Paying Agent/Registrar, pursuant to
written instructions from the initial purchaser(s) , or the
designee thereof , shall cancel the Initial Bond(s) delivered
hereunder and exchange therefor definitive Bonds of authorized
denominations, Stated Maturities, principal amounts and bearing
applicable interest rates for transfer and delivery to the
Holders named at the addresses identified therefor; all
pursuant to and in accordance with such written instructions
from the initial purchaser(s) , or the designee thereof , and
such other information and documentation as the Paying
Agent/Registrar may reasonably require.
SECTION 8 : Forms . A. Forms Generally. The Bonds,
the Registration Certificate of the Comptroller of Public
Accounts of the State of Texas, the Registration Certificate of
Paying Agent/Registrar, and the form of Assignment to be
printed on each of the Bonds, shall be substantially in the
forms set forth in this Section with such appropriate
insertions , omissions , substitutions, and other variations as
are permitted or required by this Ordinance and may have such
letters, numbers, or other marks of identification (including
identifying numbers and letters of the Committee on Uniform
Securities Identification Procedures of the American Bankers
Association) and such legends and endorsements (including any
reproduction of an opinion of counsel) thereon as may,
consistently herewith, be established by the City or determined
by the officers executing such Bonds as evidenced by their
execution. Any portion of the text of any Bonds may be set
forth on the reverse thereof, with an appropriate reference
thereto on the face of the Bond.
The definitive Bonds shall be printed, lithographed, or
engraved or produced in any other similar manner, all as
determined by the officers executing such Bonds as evidenced by
their execution, but the Initial Bond(s) submitted to the
Attorney General of Texas may be typewritten or photocopied or
otherwise reproduced.
-8-
B. Form of Definitive Bond.
REGISTERED REGISTERED
NO. $
United States of America
State of Texas
City of Wylie, Texas, Waterworks
and Sewer System Revenue Bond,
Series 1986
Bond Date: Interest Rate: Stated Maturity: CUSIP NO:
July 1, 1986
Registered Owner :
Principal Amount : DOLLARS
The City of Wylie (hereinafter referred to as the "City") ,
a body corporate and municipal corporation in the County of
Collin, State of Texas, for value received, hereby promises to
pay to the order of the Registered Owner named above, or the
registered assigns thereof , solely from the revenues
hereinafter identified, on the Stated Maturity date specified
above, the Principal Amount stated above (or so much thereof as
shall not have been paid upon prior redemption) and to pay
interest on the unpaid Principal Amount hereof from the Bond
Date at the per annum rate of interest specified above computed
on the basis of a 360-day year of twelve 30-day months; such
interest being payable on June 1 and December 1 of each year,
commencing June 1, 1987 . Principal of this Bond is payable at
its Stated Maturity or redemption to the registered owner
hereof, upon presentation and surrender, at the principal
office of the Paying Agent/Registrar executing the registration
certificate appearing hereon, or its successor . Interest is
payable to the registered owner of this Bond (or one or more
Predecessor Bonds, as defined in the Ordinance hereinafter
referenced) whose name appears on the "Security Register"
maintained by the Paying Agent/ Registrar at the close of
business on the "Record Date" , which is the 15th day of the
month next preceding each interest payment date and interest
shall be paid by the Paying Agent Registrar by check sent
United States Mail , first class postage prepaid, to the address
of the registered owner recorded in the Security Register on
the Record Date or by such other method, acceptable to the
Paying Agent/Registrar, requested by, and at the risk and
expense of, the registered owner. All payments of principal
of, premium, if any, and interest on this Bond shall be without
exchange or collection charges to the owner or holder hereof
and in any coin or currency of the United States of America
which at the time of payment is legal tender for the payment of
public and private debts .
-9-
This Bond is one of the series specified in its title
issued in the aggregate principal amount of $160, 000 (herein
referred to as the "Bonds" ) to provide funds for improving and
extending the City' s Sanitary Sewer System, under and in strict
conformity with the Constitution and laws of the State of
Texas , including Article 1111 et seq . , V.A.T.C.S. , and pursuant
to an Ordinance adopted by the governing body of the City
(herein referred to as the "Ordinance" ) .
The Bonds may be redeemed prior to their Stated
Maturities, at the option of the City, in whole or in part in
principal amounts of $5, 000 or any integral multiple thereof
(and if within a Stated Maturity by lot by the Paying Agent/
Registrar) , on any interest payment date, at the redemption
price of par, together with accrued interest to the date of
redemption, and upon 30 days prior written notice being given
by United States Mail , first class postage prepaid, to
registered owners of the Bonds to be redeemed, and subject to
the terms and provisions relating thereto contained in the
Ordinance. If this Bond (or any portion of the principal sum
hereof) shall have been duly called for redemption and notice
of such redemption duly given, then upon such redemption date
this Bond (or the portion of the principal sum hereof to be
redeemed) shall become due and payable, and interest thereon
shall cease to accrue from and after the redemption date
therefor; provided moneys for the payment of the redemption
price and the interest on the principal amount to be redeemed
to the date of redemption are held for the purpose of such
payment by the Paying Agent/Registrar .
In the event of a partial redemption of the principal
amount of this Bond, payment of the redemption price of such
principal amount shall be made to the registered owner only
upon presentation and surrender of this Bond to the Paying
Agent/Registrar at its principal office and, there shall be
issued, without charge therefor, to the registered owner
hereof, a new Bond or Bonds of like maturity and interest rate
in any authorized denominations provided in the Ordinance for
the then unredeemed balance of the principal sum hereof . If
this Bond is called for redemption, in whole or in part, the
City or the Paying Agent/Registrar shall not be required to
transfer this Bond to an assignee of the Holder within 45 days
of the redemption date therefor; provided, however, such
limitation on transferability shall not be applicable to an
exchange by the Holder of the unredeemed balance hereof in the
event of its redemption in part.
-10-
The Bonds are special obligations of the City and,
together with the outstanding and unpaid Previously Issued
Bonds (identified and defined in the Ordinance) are payable
solely from and equally and ratably secured by a first lien on
and pledge of the Net Revenues (as defined in the Ordinance) of
the City' s combined Waterworks and Sanitary Sewer System (the
"System" ) . The Bonds do not constitute a legal or equitable
pledge, charge, lien or encumbrance upon any property of the
City or the System, except with respect to the Net Revenues .
The holder hereof shall never have the right to demand payment
of this obligation out of any funds raised or to be raised by
taxation.
Subject to satisfying the terms and conditions prescribed
therefor, the City has reserved the right to issue additional
revenue obligations payable from and equally and ratably
secured by a parity lien on and pledge of the Net Revenues of
the System, in the same manner and to the same extent as the
Bonds and the Previously Issued Bonds.
Reference is hereby made to the Ordinance, a copy of which
is on file in the principal office of the Paying
Agent/Registrar, and to all of the provisions of which the
Holder by the acceptance hereof hereby assents, for definitions
of terms; the description of and the nature and extent of the
security for the Bonds; the properties constituting the System;
the Net Revenues pledged to the payment of the principal of and
interest on the Bonds; the nature and extent and manner of
enforcement of the lien and pledge securing the payment of the
Bonds; the terms and conditions for the issuance of additional
revenue obligations; the terms and conditions relating to the
transfer or exchange of this Bond; the conditions upon which
the Ordinance may be amended or supplemented with or without
the consent of the Holders; the rights, duties, and obligations
of the City and the Paying Agent/Registrar; the terms and
provisions upon which the liens, pledges, charges and covenants
made therein may be discharged at or prior to the maturity or
redemption of this Bond, and this Bond deemed to be no longer
Outstanding thereunder; and for the other terms and provisions
contained therein. Capitalized terms used herein have the same
meanings assigned in the Ordinance.
This Bond, subject to certain limitations contained in the
Ordinance, may be transferred on the Security Register only
upon its presentation and surrender at the principal office of
the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer
in form satisfactory to the Paying Agent/Registrar duly
executed by, the registered owner hereof, or his duly
authorized agent. When a transfer on the Security Register
-11-
occurs, one or more new fully registered Bonds of the same
Stated Maturity, of authorized denominations, bearing the same
rate of interest, and of the same aggregate principal amount
will be issued by the Paying Agent/Registrar to the designated
transferee or transferees .
The City and the Paying Agent/Registrar, and any agent of
either, may treat the registered owner hereof whose name
appears on the Security Register ( i) on the Record Date as the
owner entitled to payment of interest hereon, (ii) on the date
of surrender of this Bond as the owner entitled to payment of
principal hereof at its Stated Maturity or its redemption, in
whole or in part, and (iii) on any other date as the owner for
all other purposes, and neither the City nor the Paying
Agent/Registrar, or any agent of either, shall be affected by
notice to the contrary. In the event of non-payment of
interest on a scheduled payment date and for thirty (30) days
thereafter, a new record date for such interest payment (a
"Special Record Date") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such
interest have been received from the City. Notice of the
Special Record Date and of the scheduled payment date of the
past due interest (which shall be 15 days after the Special
Record Date) shall be sent at least five (5) business days
prior to the Special Record Date by United States Mail, first
class postage prepaid, to the address of each Holder appearing
on the Security Register at the close of business on the last
business day next preceding the date of mailing of such notice.
It is hereby certified, recited, represented and
covenanted that the City is a duly organized and legally
existing municipal corporation under and by virtue of the
Constitution and laws of the State of Texas; that the issuance
of the Bonds is duly authorized by law; that all acts,
conditions and things required to exist and be done precedent
to and in the issuance of the Bonds to render the same lawful
and valid obligations of the City have been properly done, have
happened and have been performed in regular and due time, form
and manner as required by the Constitution and laws of the
State of Texas, and the Ordinance; that the Bonds do not exceed
any constitutional or statutory limitation; and that due
provision has been made for the payment of the principal of and
interest on the Bonds by a pledge of the Net Revenues of the
System as aforestated. In case any provision in this Bond or
any application thereof shall be invalid, illegal , or
unenforceable, the validity, legality, and enforceability of
the remaining provisions and applications shall not in any way
be affected or impaired thereby. The terms and provisions of
this Bond and the Ordinance shall be construed in accordance
with and shall be governed by the laws of the State of Texas .
-12-
IN WITNESS WHEREOF, the City Council of the City has
caused this Bond to be duly executed under the official seal of
the City as of the Bond Date.
CITY OF WYLIE, TEXAS
COUNTERSIGNED: Mayor
City Secretary
(SEAL)
C. * Form of Registration Certificate of Comptroller of
Public Accounts to Appear on Initial Bond only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS (
( REGISTER NO.
THE STATE OF TEXAS
I HEREBY CERTIFY that this Bond has been examined,
certified as to validity and approved by the Attorney General
of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas .
WITNESS my signature and seal of office
this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
*NOTE TO PRINTER: Do Not Print on Definitive Bonds
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D. Form of Certificate of Paying Agent/Registrar to Appear on
Definitive Bonds only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered under the
provisions of the within-mentioned Ordinance; the bond or bonds
of the above entitled and designated series originally
delivered having been approved by the Attorney General of the
State of Texas and registered by the Comptroller of Public
Accounts, as shown by the records of the Paying Agent/Registrar.
MBank Dallas, N.A. , Dallas , Texas
as Paying Agent/Registrar
Registered this date:
By
Authorized Signature
E. Form of Assignment .
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells,
assigns, and transfers unto (Print or typewrite name, address,
and zip code of transferee: )
(Social Security or other identifying number:
) the within Bond and all rights thereunder,
and hereby irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof, with full power of substitution in the
premises.
DATED:
NOTICE: The signature on this
Signature guaranteed: assignment must correspond with
the name of the registered owner
as it appears on the face of the
within Bond in every particular.
-14-
•
F. The Initial Bond(s) shall be in the form set forth in
paragraph B of this Section, except that the form of a
single fully registered Initial Bond shall be modified as
follows :
(i) immediately under the name of the bond the headings
" Interest Rate " and "Stated Maturity
shall both be completed "as shown below" ;
( ii ) Paragraph one shall read as follows:
The City of Wylie (hereinafter referred to as the "City") ,
a body corporate and municipal corporation in the County of
Collin, State of Texas , for value received, hereby promises to
pay to the order of the Registered Owner named above, or the
registered assigns thereof , solely from the revenues
hereinafter identified, the Principal Amount hereinabove stated
on June 1 in each of the years and in principal installments in
accordance with the following schedule:
PRINCIPAL INTEREST
YEAR INSTALLMENTS RATE
(Information to be inserted from
schedule in Section 2 hereof) .
(or so much thereof as shall not have been prepaid prior to
maturity) and to pay interest on the unpaid principal amounts
hereof from the Bond Date at the per annum rates of interest
specified above computed on the basis of a 360-day year of
twelve 30-day months; such interest being payable on June 1 and
December 1 of each year, commencing June 1, 1987 . Principal
installments of this Bond are payable in the year of maturity
or on a prepayment date to the registered owner hereof, upon
presentation and surrender, at the principal office of MBank
Dallas, N.A. , Dallas, Texas (the "Paying Agent/Registrar") .
Interest is payable to the registered owner of this Bond whose
name appears on the "Security Register" maintained by the
Paying Agent/ Registrar at the close of business on the "Record
Date" , which is the 15th day of the month next preceding each
interest payment date, and interest shall be paid by the Paying
Agent/Registrar by check sent United States Mail, first class
postage prepaid, to the address of registered owner recorded in
the Security Register or by such other method, acceptable to
the Paying Agent/Registrar, requested by, and at the risk and
expense of, the registered owner. All payments of principal
of, premium, if any, and interest on this Bond shall be without
exchange or collection charges to the owner or holder hereof
-15-
and in any coin or currency of the United States of America
which at the time of payment is legal tender for the payment of
public and private debts .
SECTION 9 : Definitions . For all purposes of this
Ordinance and in particular for clarity with respect to the
issuance of the Bonds herein authorized and the pledge and
appropriation of revenues therefor, the following definitions
are provided:
(a) The term "System" shall mean the City' s
combined Waterworks and Sanitary Sewer System,
including all properties , real, personal, mixed or
otherwise, now owned or hereafter acquired by the
City of Wylie through purchase, construction or
otherwise, and used in connectino with the System and
in anywise appertaining thereto, whether situated
within or without the limits of the City. .
(b) The term "Net Revenues" shall mean the
gross revenues of the System less the expense of
operation and maintenance, including salaries, labor,
materials, interest , repairs and extensions necessary
to render efficient service; provided, however, that
only such repairs and extensions as in the judgment
of the City Council, reasonably and fairly exercised,
are necessary to keep the System in operation and
render adequate service to the City and the
inhabitants thereof, or such as might be necessary to
meet some physical accident or condition which would
otherwise impair any obligations payable from and
secured by a lien on the Net Revenues of the System
shall be deducted in determining "Net Revenues" .
(c) The term "Bonds" shall mean the revenue
bonds, aggregating in principal amount $160, 000,
authorized by this Ordinance.
(d) The term "Previously Issued Bonds" shall
mean the outstanding bonds designated "CITY OF WYLIE,
TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, "
further identified as follows :
(1) Series 1971, dated March 1, 1971, and
issued in the original principal amount of
$300, 000; and
(2) Series 1980, dated March 1, 1980, and
issued in the original principal amount of
$400, 000;
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(e) The term "Additional Bonds" shall mean the
additional parity revenue bonds which the City
reserves the right to issue in accordance with the
terms and conditions prescribed in Section 19 hereof .
(f) The term "Bonds Similarly Secured" shall
mean the Bonds, Previously Issued Bonds, and
Additional Bonds which are payable from a first lien
on and pledge of the Net Revenues of the System.
(g) The term "Fiscal Year" shall mean the
twelve months ' period ending December 31 of each year .
(h) The term "Outstanding" shall mean with
respect to Bonds , as of the date of determination,
all Bonds theretofore issued and delivered under this
Ordinance, except :
(1) those Bonds cancelled by the
Paying Agent/Registrar or delivered to the
Paying Agent/Registrar for cancellation;
(2) those Bonds deemed to be paid by
the City in accordance with the provisions
of Section 30 hereof by the irrevocable
deposit with the Paying Agent/Registrar, or
an authorized escrow agent , of money or
Government Securities , or both, in the
amount necessary to fully pay the principal
of, premium, if any, and interest thereon
to maturity or redemption, as the case may
be, provided that, if such Bonds are to be
redeemed, notice of redemption thereof
shall have been duly given pursuant to this
Ordinance or irrevocably provided to be
given to the satisfaction of the Paying
Agent/Registrar, or waived; and
(3) those Bonds that have been
mutilated, destroyed, lost, or stolen and
replacement Bonds have been registered and
delivered in lieu thereof as provided in
Section 28 hereof .
SECTION 10: Pledge. That the City hereby covenants and
agrees that all of the Net Revenues of the System, with the
exception of those in excess of the amounts required to
establish and maintain the special Fund created and established
for the payment and security of the Bonds Similarly Secured,
-17-
/ y
•
are hereby irrevocably pledged, equally and ratably, to the
payment of the Previously Issued Bonds, the Bonds , and
Additional Bonds, if issued, and the interest thereon, as
hereinafter provided. It is hereby ordained that the Bonds
Similarly Secured, and the interest thereon, shall constitute a
first lien on the Net Revenues of the System and be valid and
binding without any physical delivery thereof or further act by
the City.
SECTION 11: Rates and Charges . That the City hereby
covenants and agrees that rates and charges for water and sewer
services afforded by the System will be established and
maintained, on the basis of all available information and
experience and with due allowance for contingencies, that are
reasonably expected to provide revenues sufficient at all times
to pay:
(a) all operating, maintenance, depreciation,
replacement , betterment and interest charges and
other costs incurred in the maintenance and operation
of the System;
(b) the interest on and principal of the Bonds
Similarly Secured and the amounts required to be
deposited into the special Fund created and
established for the payment and security of the Bonds
Similarly Secured; and
(c) any other legally incurred indebtedness
payable from the revenues of the System and/or
secured by a lien on the System or the revenues
thereof .
SECTION 12 : Fund Designations . All revenues derived
from the operation of the System shall be kept separate from
other funds of the City. To that end, the following special
Funds heretofore created are hereby reaffirmed:
(a) Waterworks and Sewer System Fund,
hereinafter called "System FundTM . This Fund shall be
kept in the City' s depository bank.
(b) Special Waterworks and Sewer System Revenue
Bond Retirement and Reserve Fund, hereinafter called
"Bond Fund" . This Fund shall be deposited with MBank
Dallas, N.A. , Dallas, Texas (formerly Mercantile
National Bank at Dallas) , and shall be used to pay
principal of and interest on the Bonds Similarly
Secured when and as the same shall become due and
payable.
-18-
SECTION 13 : System Fund. The City hereby covenants and
agrees that all revenues and income of every nature derived
from the operation of the System shall be deposited from day to
day as collected into the System Fund. All revenues deposited
in the System Fund shall be pledged and appropriated to the
extent required for the following uses and in the order of
priority shown:
FIRST: To the payment of all necessary and
reasonable maintenance and operating expenses of the
System as defined herein or required by statute to be
a first charge on and claim against the revenues
thereof,
SECOND: To the payment of the amounts required
to be deposited in the Bond Fund for the payment of
the principal of and interest on the Bonds Similarly
Secured as the same becomes due and payable, and
THIRD: To the payment of the amounts required
to be deposited in the Bond Fund for the accumulation
and maintenance of the "Required Reserve"
(hereinafter referenced in Section 14) .
Any Net Revenues remaining in the System Fund after
satisfying the foregoing payments, or making adequate and
sufficient provision for the payment thereof, may be
appropriated and used for any other City purpose now or
hereafter permitted by law.
SECTION 14 : Bond Fund. That, in addition to the
monthly deposits required to be made to the Bond Fund for the
payment of principal of and interest on the Previously Issued
Bonds, the City hereby agrees and covenants to deposit in said
Fund from the Net Revenues of the System in the System Fund an
amount equal to One Hundred Per Centum (100%) of the amount
required to fully pay the interest on and principal of the
Bonds falling due on or before each maturity and interest
payment date, such payment to be made in substantially equal
monthly installments on or before the 15th day of each month
beginning on or before the 15th day of the month next following
the month the Bonds are delivered to the initial purchaser(s) .
The monthly deposits to the Bond Fund for the payment of
principal and interest on the Bonds shall continue to be made
as hereinabove provided until such time as (i) the total amount
on deposit in the Bond Fund is equal to the amount required to
pay all outstanding Bonds Similarly Secured (principal and
interest) or (ii) the Bonds are no longer Outstanding.
-19-
•
D /
Accrued interest and premium, if any, received from the
purchaser of the Bonds , as well as any proceeds of the Bonds
not required to improve and extend the System for which the
Bonds are being issued, shall be deposited to the Bond Fund,
and may be taken into consideration and reduce the amount of
the monthly deposits hereinabove required to be deposited in
the Bond Fund from the Net Revenues of the System.
In accordance with the provisions of the ordinances
authorizing the issuance of the Previously Issued Bonds, the
City further covenants and agrees that there shall be
accumulated and maintained in the Bond Fund a reserve for the
payment of principal of and interest on Bonds Similarly Secured
when other moneys on deposit therein are insufficient on a
principal or interest payment date for such purpose. The total
amount required to be accumulated and maintained as a reserve
for the Bonds Similarly Secured under the provisions of the
ordinances authorizing the Previously Issued Bonds is $69 ,000
and there is currently on deposit in the Bond Fund as a reserve
the sum of $ (the "Current Reserve") . That, by
reason of the issuance of the Bonds, the total amount to be
accumulated and maintained as a reserve is hereby increased to
an amount equal to not less than $ (the "Required
Reserve" ) ; and beginning on or before the 15th day of August,
1986, and on or before the 15th day of each following month,
monthly deposits in an amount equal to not less than 1/60th of
the difference between the Required Reserve and the Current
Reserve shall be made to the Reserve Fund until the amount of
cash and investments in said Fund totals not less than Required
Reserve. When the total amount now required to be deposited as
the Required Reserve has been fully accumulated, said monthly
payments to said Fund may be terminated; provided, however,
should the amount on deposit in said Fund be reduced below the
Required Reserve, after the same has been accumulated monthly
deposits in an amount equal to not less than (i) $
or ( ii) 1/60 of the Required Reserve then required to be
maintained therein, whichever amount is the greater, shall be
resumed and continued to be made on or before the 15th day of
each month until the Required Reserve has been fully restored.
It is hereby declared to be the City' s purpose and intent
and the City so covenants and agrees that the Required Reserve
in the Bond Fund shall be in addition to the other amounts
required to be deposited in said Fund to pay the current
principal and interest on the Bonds Similarly Secured, and
shall be used only to pay the principal and interest on Bonds
Similarly Secured when other moneys on deposit in said Fund are
insufficient for such purpose.
-20-
SECTION 15 : Investment of Reserve Portion of Bond Fund.
The custodian bank of the Bond Fund is authorized to invest all
or any portion of the Required Reserve in short term direct
obligations of the United States of America, having maturities
not in excess of five years from the date of the making of such
investments, as the City Council may direct . Said obligations
shall be held by the custodian bank and if at any time
uninvested funds shall be insufficient to permit payment of
principal and interest maturities of the Bonds Similarly
Secured as heretofore directed, said bank shall sell on the
open market such amount of the securities as is required to pay
said principal and interest when due, and shall give notice
thereof to the City. All money resulting from the maturity of
principal of and interest on the securities in which the
reserve portion is invested may be reinvested or accumulated in
the reserve portion of the Bond Fund and considered a part
thereof and used for and only for the purposes hereinabove
provided with respect to said reserve.
SECTION 16 : Payment of Bonds. While any of the Bonds
are Outstanding, the proper officers of the City are hereby
authorized to transfer or cause to be transferred to the Paying
Agent/Registrar therefor, from funds on deposit in the Bond
Fund, and, if necessary, the reserve portion thereof, amounts
sufficient to fully pay and discharge promptly each installment
of interest and principal of the Bonds as the same accrue or
mature or come due by reason of redemption prior to maturity;
such transfer of funds to be made in such manner as will cause
immediately available funds to be deposited with the Paying
Agent/ Registrar for the Bonds at the close of the business day
next preceding the date of payment for the Bonds.
SECTION 17: Deficiencies in Funds . If in any month the
City shall , for any reason, fail to pay into the Bond Fund the
full amounts above stipulated, amounts equivalent to such
deficiencies shall be set apart and paid into said Fund from
the first available and unallocated Net Revenues in the
following month or months and such payments shall be in
addition to the amounts hereinabove provided to be otherwise
paid into said Fund during such month or months .
SECTION 18 : Excess Revenues . Any revenues in excess of
those required to establish and maintain the special Fund
created for the payment and security of the Bonds Similarly
Secured may be used for any other proper City purpose, now or
hereafter permitted by law, including the use thereof either
for retiring in advance of maturity Bonds Similarly Secured
according to the provisions made for their prior redemption, or
may be used to purchase Bonds on the open market at not
exceeding the market value thereof . All Bonds so paid,
-21-
redeemed or purchased shall be cancelled and shall not be
reissued. Nothing herein shall be construed, however, as
impairing the right of the City to pay, in accordance with the
provisions thereof , any junior lien obligations hereafter
legally issued by it .
SECTION 19 : Security of Funds . That all moneys on
deposit in the special Fund referred to in this Ordinance
(except any portions thereof as may be at any time properly
invested) shall be secured in the manner and to the fullest
extent required by the laws of the State of Texas for the
security of public funds, and moneys on deposit in such Funds
shall be used only for the purposes permitted by this Ordinance.
SECTION 20 : Issuance of Additional Parity Bonds . That
in addition to the right to issue bonds of inferior lien as
authorized by the laws of this State, the City reserves the
right hereafter to issue Additional Bonds . The Additional
Bonds when issued shall be payable from and secured by a first
lien on and pledge of the Net Revenues of the System in the
same manner and to the same extent as are the Previously Issued
Bonds and the Bonds, and the Previously Issued Bonds, the Bonds
and the Additional Bonds shall in all respects be of equal
dignity. The Additional Bonds may be issued in one or more
installments, provided, however, that none shall be issued
unless and until the following conditions have been met :
(a) The City is not then in default as to any
covenant, condition or obligation prescribed by any
ordinance authorizing the issuance of the outstanding
Bonds Similarly Secured.
(b) That the proposed Additional Bonds shall
have been voted at an election duly called and held
for that purpose as provided by law.
(c) The City has secured from an independent
Certified Public Accountant a certificate showing
that the net income and revenues of the System, after
full provisions have been made for adequate
maintenance and operation charges for the next
completed fiscal year immediately preceding the
issuance and sale of such Additional Bonds, is equal
to at least one and one-half (1-1/2) times the
maximum annual requirements for the payment of
principal and interest on all bonds secured by a
first lien on and pledge of the Net Revenues of the
System, after giving effect to the issuance of the
proposed Additional Bonds.
-22-
The Bonds Similarly Secured may be refunded (pursuant to
any law then available) upon such terms and conditions as the
governing body of the City may deem to the best interest of the
City and its inhabitants , and if less than all such outstanding
revenue bonds are refunded, the proposed refunding bonds shall
be considered as "Additional Bonds" under the provisions of
this Section and the report required in subparagraph (c) above
shall give effect to the issuance of the proposed refunding
bonds (and shall not give effect to the bonds being refunded
following their cancellation or provision being made for their
payment) .
SECTION 21 : Maintenance and Operation - Insurance. The
City shall maintain the System in good condition and operate
the same in an efficient manner and at reasonable cost . So
long as any of the Bonds are Outstanding, the City agrees to
maintain insurance for the benefit of the Holders of such bonds
on the System of the kinds and in amounts which usually would
be carried by private companies operating similar properties,
and that such during time all policies of insurance shall be
maintained in force and kept current as to premium payments .
All moneys received from losses under such insurance policies
other that public liability policies, are hereby pledged as
security for the Bonds Similarly Secured until and unless the
proceeds are paid out in making good the loss or damage in
respect of which such proceeds are received, either by
replacing the property destroyed or repairing the property
damaged, and adequate provision for making good such loss or
damage is made within ninety days from the date of the loss .
The payment of premiums for all insurance policies required
under the provisions hereof shall be considered as maintenance
and operation expenses .
SECTION 22 : Records - Accounts - Accounting Reports.
The City hereby covenants and agrees that so long as any of the
Bonds or any interest thereon, remain Outstanding, it will keep
and maintain a proper and complete system of records and
accounts pertaining to the operation of the System (separate
and apart from all other records and accounts) in which
complete and correct entries shall be made of all transactions
relating to said System, as provided by Article 1113,
V.A.T.C.S, and that the Holders of any Bonds , or any duly
authorized agent or agents of such Holders, shall have the
right at all reasonable times to inspect the System and all
properties comprising same, and to inspect all records,
accounts and data relating thereto. The City further covenants
and agrees that as soon as possible following the close of each
Fiscal Year, it will cause an audit of such books and accounts
to be made by an independent firm of Certified Public
Accountants, showing the receipts and disbursements for account
of the System for the Fiscal Year . Each such audit, in
addition to whatever other matters may be thought proper by the
Accountant, shall particularly include the following :
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SECTION 2. That all ordinances of the City in conflict with
the provisions of this ordinance be, and the same are
hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3. That the above described property shall be used
only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or invlaid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200. 00) for each
offense, and that each day such violation shall continue t o
exist shall constitute a separate offense.
SECTION 6. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general wel fare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the Lprh day of _-- June
Don Hughes, Mayor
ATTEST:
Carolyn Jones, City Secretary
(a) A detailed statement of the income and
expenditures of the System for such Fiscal Year .
(b) A balance sheet as of the end of such
Fiscal Year .
(c) The Accountant ' s comments regarding the
manner in which the City has carried out the
requirements of this Ordinance and his
recommendations for any changes or improvements in
the operation, records and accounts of the System.
(d) A list of the insurance policies in force
at the end of the Fiscal Year on the System
properties, setting out as to each policy the amount
thereof , the risk covered, the name of the insurer ,
and the policy' s expiration date.
(e) A list of the securities which have been on
deposit as security for the money in the Bond Fund
throughout the Fiscal Year, a list of the securities ,
if any, in which the reserve portion has been
invested, and a statement of the manner in which
money in the System Fund has been secured in such
Fiscal Year .
(f) The number of metered and unmetered
customers connected with the System at the end of the
Fiscal Year , showing the number of water connections
and sewer connections separately.
Expenses incurred in making the audits above referred to
are to be regarded as maintenance and operating expenses of the
System and paid as such. Copies of the aforesaid annual audit
shall be immediately furnished to the Executive Director of the
Municipal Advisory Council of Texas at his office in Austin,
Texas, and, to the original purchasers of the Bonds and any
subsequent Holder at his request .
SECTION 23 : Remedies in Event of Default . In addition
to all the rights and remedies provided by the laws of the
State of Texas, the City covenants agrees particularly that in
the event the City (a) defaults in the payment of principal or
interest on any of the Bonds when due, (b) fails to make the
payments required in Section 14 of this Ordinance to be made
into the Bond Fund, or (c) defaults in the observance or
performance of any other of the covenants, conditions or
obligations set forth in this Ordinance, the Holders of any of
the Bonds shall be entitled to a writ of mandamus issued by a
court of proper jurisdiction compelling and requiring the City
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. O �
Council and other officers of the City to observe and perform
any covenant, condition or obligation prescribed in this
Ordinance.
No delay or omission to exercise any right or power
accruing upon any default shall impair any such right or power,
or shall be construed to be a waiver of any such default or
acquiescence therein, and every such right and power may be
exercised from time to time and as often as may be deemed
expedient . The specific remedies herein provided shall be
cumulative of all other existing remedies and the specification
of such remedies shall not be deemed to be exclusive.
SECTION 24 : Further Covenants . That the City hereby
further covenants and agrees as follows :
(a) That it has the lawful power to pledge the
Net Revenues securing the payment of Bonds and has
lawfully exercised said power under the Constitution
and laws of the State of Texas, including said power
existing under Articles 1111 et seq. V.A.T.C.S. , and
by authority of an election held in the City for that
purpose; that the Bonds Similarly Secured shall be
ratably secured under said pledge of income in such
manner that one bond shall have no preference over
any other bond of said issues.
(b) That other than for the payment of the
Previously Issued Bonds and the Bonds, the Net
Revenues of the System have not in any manner been
pledged to the payment of any debt or obligation of
the City or of the System, and that the physical
properties of the System are free and clear of all
encumbrances whatsoever .
(c) That no free services of the System shall
be allowed, and should the City or any of its agents
or instrumentalities make use of the services and
facilities of the System, payment of the reasonable
value thereof shall be made by the City out of funds
from sources other than the revenues and income of
the System;
(d) To the extent that it legally may, the City
further covenants and agrees that, so long as any of
the Bonds or any interest thereon are Outstanding, no
franchise shall be granted for the installation or
operation of any waterworks or sewer system other
than those owned by the City, and the operation of
any such system by anyone other than this City is
hereby prohibited.
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(e) That neither the System, nor any
substantial portion thereof , will be sold, leased or
otherwise disposed of while the Bonds are Outstanding
(provided that this covenant shall not be construed
to prevent the disposal of property which obsolete or
otherwise inexpedient for use in connection with the
System) .
SECTION 25 : Bonds are Special Obligations . That the
Bonds are special obligations of the City payable from the
pledged Net Revenues of the System and the holders thereof
shall never have the right to demand payment thereof out of
funds raised or to be raised by taxation.
SECTION 26 : Notices to Holders-Waiver . Wherever this
Ordinance provides for notice to Holders of any event, such
notice shall be sufficiently given (unless otherwise herein
expressly provided) if in writing and sent by United States
Mail , first class postage prepaid, to the address of each
Holder appearing in the Security Register at the close of
business on the business day next preceding the mailing of such
notice .
In any case where notice to Holders is given by mail ,
neither the failure to mail such notice to any particular
Holders, nor any defect in any notice so mailed, shall affect
the sufficiency of such notice with respect to all other
Bonds . Where this Ordinance provides for notice in any manner ,
such notice may be waived in writing by the Holder
entitled to receive such notice, either before or after the
event with respect to which such notice is given, and such
waiver shall be the equivalent of such notice. Waivers of
notice by Holders shall be filed with the Paying
Agent/Registrar, but such filing shall not be a condition
precedent to the validity of any action taken in reliance upon
such waiver .
SECTION 27 : Cancellation. All Bonds surrendered for
payment , redemption, transfer, exchange, or replacement, if
surrendered to the Paying Agent/Registrar, shall be promptly
cancelled by it and, if surrendered to the City, shall be
delivered to the Paying Agent/Registrar and, if not already
cancelled, shall be promptly cancelled by the Paying
Agent/Registrar . The City may at any time deliver to the
Paying Agent/Registrar for cancellation any Bonds previously
certified or registered and delivered which the City may have
acquired in any manner whatsoever, and all Bonds so delivered
shall be promptly cancelled by the Paying Agent/ Registrar.
All cancelled Bonds held by the Paying Agent/ Registrar shall
be returned to the City.
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SECTION 28 : Mutilated-Destroyed-Lost and Stolen Bonds.
In case any Bond shall be mutilated, or destroyed, lost or
stolen, the Paying Agent/Registrar, subject to City approval
and in its discretion, may execute and deliver a replacement
Bond of like form and tenor, and in the same denomination and
bearing a number not contemporaneously outstanding, in exchange
and substitution for such mutilated Bond, or in lieu of and in
substitution for such destroyed, lost or stolen Bond, only upon
(i) the filing by the Holder thereof with the Paying
Agent/Registrar of evidence satisfactory to the Paying
Agent/Registrar of the destruction, loss or theft of such Bond,
and of the authenticity of the ownership thereof and (ii) the
furnishing to the Paying Agent/Registrar of indemnification in
an amount satisfactory to hold the City and the Paying
Agent/Registrar harmless . All expenses and charges associated
with such indemnity and with the preparation, execution and
delivery of a replacement Bond shall be borne by the Holder of
the Bond mutilated, or destroyed, lost or stolen.
Every replacement Bond issued pursuant to this Section
shall be a valid and binding obligation, and shall be entitled
to all the benefits of this Ordinance equally and ratably with
all other Outstanding Bonds; notwithstanding the enforceability
of payment by anyone of the destroyed, lost, or stolen Bonds .
The provisions of this Section are exclusive and shall
preclude (to the extent lawful) all other rights and remedies
with respect to the replacement and payment of mutilated,
destroyed, lost or stolen Bonds .
SECTION 29 : Covenants Regarding Tax-Exemption of Interest
on the Bonds . That the City hereby certifies and covenants
that the proceeds of the Bonds are needed at this time to
finance the costs of making improvements and extensions to the
System; based on current facts, estimates and circumstances, it
is reasonably expected final disbursement of the proceeds of
sale of the Bonds will occur within three years from the date
of the receipt thereof by the City; it is not reasonably
expected the proceeds of the Bonds or moneys deposited in the
Bond Fund for the payment of the Bonds will be used or invested
in a manner that would cause the Bonds to be or become
"arbitrage bonds" within the meaning of Section 103(c) of the
Internal Revenue Code of 1954 , as amended to the date hereof
(the "Code") , or any regulations or published rulings
pertaining thereto; and save and except for the Bond Fund, no
other Funds or Accounts have been established for, or pledged
to, the payment of the Bonds. In addition, the City shall take
no action or fail to take any action, which action or failure
to act may render the interest on any of such Bonds subject to
federal income taxation, particularly pursuant to Section
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103(b) of the Code, nor shall the City take any action or fail
to take any action, which action or failure to act, would have
the effect of causing the income derived by the City from the
System to become subject to federal income taxation in the
hands of the City, whether or not provision shall have been
made for the payment of such Bonds.
SECTION 30 : Satisfaction of Obligation of City. If the
City shall pay or cause to be paid, or there shall otherwise be
paid to the Holders, the principal of, premium, if any, and
interest on the Bonds, at the times and in the manner
stipulated in this Ordinance, then the pledge of the Net
Revenues of the System under this Ordinance and all other
obligations of the City to the Holders shall thereupon cease,
terminate, and become void and be discharged and satisfied.
Bonds or any principal amount(s) thereof shall be deemed
to have been paid within the meaning and with the effect
expressed above in this Section when (i) money sufficient to
pay in full such Bonds or the principal amount(s) thereof at
maturity or to the redemption date therefor, together with all
interest due thereon, shall have been irrevocably deposited
with and held in trust by the Paying Agent/Registrar, or an
authorized escrow agent , or (ii) Government Securities shall
have been irrevocably deposited in trust with the Paying Agent/
Registrar, or an authorized escrow agent which Government
Securities have been certified by an independent accounting
firm to mature as to principal and interest in such amounts and
at such times as will insure the availability, without
reinvestment, of sufficient money, together with any moneys
deposited therewith, if any, to pay when due the principal of
and interest on such Bonds, or the principal amount(s) thereof,
on and prior to the Stated Maturity thereof or (if notice of
redemption has been duly given or waived or if irrevocable
arrangements therefor acceptable to the Paying Agent/Registrar
have been made) the redemption date thereof . The City
covenants that no deposit of moneys or Government Securities
will be made under this Section and no use made of any such
deposit which would cause the Bonds to be treated as "arbitrage
bonds" within the meaning of Section 103(c) of the Code.
Any moneys so deposited with the Paying Agent/ Registrar,
or an authorized escrow agent, and all income from Government
Securities held in trust by the Paying Agent/Registrar or an
authorized escrow agent, pursuant to this Section which is not
required for the payment of the Bonds, or any principal
amount(s) thereof, or interest thereon with respect to which
such moneys have been so deposited shall be remitted to the
City or deposited as directed by the City. Furthermore, any
money held by the Paying Agent/Registrar for the payment of the
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principal of and interest on the Bonds and remaining unclaimed
for a period of four (4) years after the Stated Maturity, or
applicable redemption date, of the Bonds such moneys were
deposited and are held in trust to pay shall, upon the request
of the City, be remitted to the City against a written receipt
therefor .
The term "Government Securities" , as used herein, means
direct obligations of , or obligations the principal of and
interest on which are unconditionally guaranteed by, the United
States of America, which are non-callable prior to the
respective Stated Maturities of the Bonds and may be United
States Treasury Obligations such as the State and Local
Government Series and may be in book-entry form.
SECTION 31 : Ordinance a Contract - Amendments . This
Ordinance shall constitute a contract with the Holders from
time to time, be binding on the City, and shall not be amended
or repealed by the City so long as any Bond remains Outstanding
except as permitted in this Section. The City, may, without
the consent of or notice to any Holders, from time to time and
at any time, amend this Ordinance in any manner not detrimental
to the interests of the Holders, including the curing of any
ambiguity, inconsistency, or formal defect or omission herein.
In addition, the City may, with the written consent of Holders
holding a majority in aggregate principal amount of the Bonds
then Outstanding affected thereby, amend, add to, or rescind
any of the provisions of this Ordinance; provided that, without
the consent of all Holders of Outstanding Bonds, no such
amendment, addition, or rescission shall (1) extend the time or
times of payment of the principal of, premium, if any,
and interest on the Bonds, reduce the principal amount thereof,
the redemption price therefor, or the rate of interest thereon,
or in any other way modify the terms of payment of the
principal of, premium, if any, or interest on the Bonds,
(2) give any preference to any Bond over any other Bond, or
(3) reduce the aggregate principal amount of Bonds required to
be held by Holders for consent to any such amendment, addition,
or rescission.
SECTION 32 : Sale of the Bonds. The sale of the Bonds
to the First State Bank, Wylie, Texas (herein referred to as
the "Purchaser(s) " at the price of par and accrued interest to
the date of delivery is hereby confirmed. Delivery of the
Bonds shall be made to the Purchasers as soon as possible upon
payment therefor being made in accordance with the terms of
sale.
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9 /
SECTION 33 : Control and Custody of Bonds . The Mayor of
the City shall be and is hereby authorized to take and have
charge of all necessary orders and records pending the delivery
of the Bonds, and shall take and have charge and control of the
Initial Bond(s) pending the approval thereof by the Attorney
General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the Purchaser(s) .
Furthermore, the Mayor, City Secretary, City Manager and
Director of Finance, any one or more of said officials, are
hereby authorized and directed to furnish and execute such
documents relating to the City and its financial affairs as may
be necessary for the issuance of the Bonds , the approval of the
Attorney General and registration by the Comptroller of Public
Accounts and, together with the City' s financial advisor, bond
counsel and the Paying Agent/Registrar, make the necessary
arrangements for printing of definitive Bonds and the delivery
of the Initial Bond(s) to the initial purchasers and the
initial exchange thereof for definitive Bonds .
SECTION 34 : Printed Opinion. The Purchaser ' s
obligation to accept delivery of the Bonds is subject to
receipt of a final opinion of Fulbright & Jaworski , Attorneys,
Dallas, Texas, approving such Bonds as to their validity, said
opinion to be dated and delivered as of the date of delivery
and payment for the Bonds . Printing of a true and correct
reproduction of said opinion on the reverse side of each of the
definitive Bonds is hereby approved and authorized.
SECTION 35 : CUSIP Numbers . CUSIP numbers may be
printed or typed on the definitive Bonds . It is expressly
provided, however, that the presence or absence of CUSIP
numbers on the definitive Bonds shall be of no significance or
effect as regards the legality thereof and neither the City nor
attorneys approving said Bonds as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on
the definitive Bonds.
SECTION 36 : Benefits of Ordinance. Nothing in this
Ordinance, expressed or implied, is intended or shall be
construed to confer upon any person other than the City, the
Paying Agent/Registrar and the Holders, any right, remedy, or
claim, legal or equitable, under or by reason of this Ordinance
or any provision hereof , this Ordinance and all its provisions
being intended to be and being for the sole and exclusive
benefit of the City, the Paying Agent/Registrar and the Holders .
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SECTION 37 : Inconsistent Provisions . All ordinances ,
orders or resolutions, or parts thereof, which are in conflict
or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict and the provisions of
this Ordinance shall be and remain controlling as to the
matters contained herein.
SECTION 38 : Governing Law. This Ordinance shall be
construed and enforced in accordance with the laws of the State
of Texas and the United States of America.
SECTION 39 : Effect of Headings. The Section headings
herein are for convenience only and shall not affect the
construction hereof .
SECTION 40 : Severability. If any provision of this
Ordinance or the application thereof to any circumstance shall
be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless
be valid, and the City Council hereby declares that this
Ordinance would have been enacted without such invalid
provision.
SECTION 41 : Public Meeting . It is officially found,
determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice
of the time, place, and subject matter of the public business
to be considered at such meeting, including this Ordinance, was
given; all as required by Article 6252-17, Vernon' s Texas Civil
Statutes, as amended.
SECTION 42 : Effective Date. That this Ordinance shall
take effect and be in force immediately from and after its
passage, and it is so ordained.
PASSED AND ADOPTED, this June 10, 1986.
Mayor, City of Wylie, Texas
ATTEST:
City Secretary, City of
Wylie, Texas
(City Seal)
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A RESOLUTION approving and authorizing the execution
of a "Paying Agent/Registrar Agreement" in
relation to the "City of Wylie, Texas ,
Waterworks and Sewer System Revenue Bonds,
Series 1986" and resolving other matters
incident and related thereto.
WHEREAS, on this date the City Council of the City of
Wylie, Texas authorized the issuance of "City of Wylie, Texas,
Waterworks and Sewer System Revenue Bonds , Series 1986" , in the
principal amount of $160, 000 (the "Securities" ) ; such
securities to be issued in fully registered form only; and
WHEREAS, in relation to the payment, registration,
transfer and exchange of said Securities , the Paying
Agent/Registrar selected therefor is MBank Dallas , N.A. ,
Dallas, Texas; and
WHEREAS, a "Paying Agent/Registrar Agreement" by and
between the City and said Bank has been prepared and submitted
to the City Council for approval and execution, such Agreement ,
setting forth the duties and responsibilities of the Paying
Agent/Registrar for such Securities, being attached hereto as
Exhibit A and incorporated herein by reference as a part of
this Resolution for all purposes; and
WHEREAS, the City Council hereby finds and determines that
such "Paying Agent/Registrar Agreement" should be approved and
execution of the same for and on behalf of the City authorized;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS that the "Paying Agent/Registrar Agreement" by and
between the City and MBank Dallas, N.A. , Dallas, Texas relating
to the above described Securities, attached hereto as
Exhibit A, is hereby approved as to form and content, and the
Mayor and City Secretary of the City are hereby authorized and
directed to execute such Agreement in substantially the same
form and content herein approved for and on behalf of the City
and as the act and deed of this City Council .
PASSED AND APPROVED, this June 10, 1986 .
CITY OF WYLIE, TEXAS
ATTEST: Mayor
City Secretary
(City Seal)
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
;REEMENT entered into as of June 10, 1986 (this
by and between the City of Wylie, Texas (the
and MBank Dallas, N.A. , Dallas, Texas, a banking
duly organized and existing under the laws of the
United Sta' Ps of America, (the "Bank") .
RECITALS
*- AS, the Issuer has duly authorized and provided for
th su..x:ce of its "City of Wylie, Texas, Waterworks and Sewer
Eys Pe :enue Bonds, Series 1986" (the "Securities") in the
,r,, 07ar- principal amount of $160, 000, such Securities to be
i -sued z fully registered form only as to the payment of
and interest thereon; and
S, the Securities are scheduled to be delivered to
purchasers thereof on or about July 15, 1986; and
WHEREAS, the Issuer has selected the Bank to serve as
Paying A"Pnt/Registrar in connection with the payment of the
principF ' of, premium, if any, and interest on said Securities
and with respect to the registration, transfer and exchange
thereor by the registered owners thereof; and
WHEREAS, the Bank has agreed to serve in such capacities
fc. and on behalf of the Issuer and has full power and
• o perform and serve as Paying Agent/Registrar for
NOW, THEREFORE, it is mutually agreed as follows :
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
=Pct` Tin 1 .01 . Appointment .
-.suer hereby appoints the Bank to serve as Paying
respect to: the Securities, and, as Paying Agent for
es, the Bank shall be responsible for paying on
the Issuer the principal, premium (if any) , and
the Securities as the same become due and payable
$tered owners thereof; all in accordance with this
.d the "Bond Resolution" (hereinafter defined) .
The Issuer hereby appoints the Bank as Registrar with respect
to the Securities and, as Registrar for the Securities , the
Bank shall keep and maintain for and on behalf of the Issuer
books and records as to the ownership of said Securities and
with respect to the transfer and exchange thereof as provided
herein and in the "Bond Resolution" .
The Bank hereby accepts its appointment, and agrees to
serve as the Paying Agent and Registrar for the Securities.
Section 1 . 02 . Compensation.
As compensation for the Bank' s services as Paying
Agent/Registrar, the Issuer hereby agrees to pay the Bank the
fees and amounts set forth in Annex A attached hereto for the
first year of this Agreement and thereafter the fees and
amounts set forth in the Bank' s current fee schedule then in
effect for services as Paying Agent/Registrar for
municipalities , which shall be supplied to the Issuer on or
before 90 days prior to the close of the Fiscal Year of the
Issuer, and shall be effective upon the first day of the
following Fiscal Year .
In addition, the Issuer agrees to reimburse the Bank upon
its request for all reasonable expenses, disbursements and
advances incurred or made by the Bank in accordance with any of
the provisions hereof ( including the reasonable compensation
and the expenses and disbursements of its agents and counsel) .
ARTICLE TWO
DEFINITIONS
Section 2 . 01 . Definitions .
For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires :
"Acceleration Date" on any Security means the date on
and after which the principal or any or all installments
of interest, or both, are due and payable on any Security
which has become accelerated pursuant to the terms of the
Security.
"Bank Office" means the principal corporate trust
office of the Bank as indicated on page 12 hereof . The
Bank will notify the Issuer in writing of any change in
location of the Bank Office.
-2-
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of June 10, 1986 (this
"Agreement") , by and between the City of Wylie, Texas (the
"Issuer" ) , and MBank Dallas, N.A. , Dallas, Texas , a banking
association duly organized and existing under the laws of the
United States of America , (the "Bank") .
RECITALS
WHEREAS, the Issuer has duly authorized and provided for
the issuance of its "City of Wylie, Texas, Waterworks and Sewer
System Revenue Bonds , Series 1986" (the "Securities" ) in the
aggregate principal amount of $160, 000, such Securities to be
issued in fully registered form only as to the payment of
principal and interest thereon; and
WHEREAS, the Securities are scheduled to be delivered to
the initial purchasers thereof on or about July 15, 1986 ; and
WHEREAS, the Issuer has selected the Bank to serve as
Paying Agent/Registrar in connection with the payment of the
principal of, premium, if any, and interest on said Securities
and with respect to the registration, transfer and exchange
thereof by the registered owners thereof; and
WHEREAS, the Bank has agreed to serve in such capacities
for and on behalf of the Issuer and has full power and
authority to perform and serve as Paying Agent/Registrar for
the Securities;
NOW, THEREFORE, it is mutually agreed as follows :
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1 .01 . Appointment .
The Issuer hereby appoints the Bank to serve as Paying
Agent with respect to the Securities, and, as Paying Agent for
the Securities, the Bank shall be responsible for paying on
behalf of the Issuer the principal, premium (if any) , and
interest on the Securities as the same become due and payable
to the registered owners thereof; all in accordance with this
Agreement and the "Bond Resolution" (hereinafter defined) .
"Bond Resolution" means the resolution, order, or
ordinance of the governing body of the Issuer pursuant to
which the Securities are issued, certified by the
Secretary or any other officer of the Issuer and delivered
to the Bank.
"Fiscal Year" means the fiscal year of the Issuer,
ending September 30th.
"Holder" and "Security Holder" each means the Person
in whose name a Security is registered in the Security
Register.
"Issuer Request" and "Issuer Order" means a written
request or order signed in the name of the Issuer by the
Mayor, City Secretary, City Manager or City Treasurer , any
one or more of said officials, and delivered to the Bank.
"Legal Holiday" means a day on which the Bank is
required or authorized to be closed.
"Person" means any individual, corporation,
partnership, joint venture, association, joint stock
company, trust, unincorporated organization or government
or any agency or political subdivision of a government .
"Predecessor Securities" of any particular Security
means every previous Security evidencing all or a portion
of the same obligation as that evidenced by such
particular Security (and, for the purposes of this
definition, any mutilated, lost, destroyed, or stolen
Security for which a replacement Security has been
registered and delivered in lieu thereof pursuant to
Section 4 .06 hereof and the Resolution) .
"Redemption Date" when used with respect to any Bond
to be redeemed means the date fixed for such redemption
pursuant to the terms of the Bond Resolution.
"Responsible Officer" when used with respect to the
Bank means the Chairman or Vice-Chairman of the Board of
Directors , the Chairman or Vice-Chairman of the Executive
Committee of the Board of Directors, the President, any
Vice President, the Secretary, any Assistant Secretary,
the Treasurer, any Assistant Treasurer, the Cashier, any
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•
% 7
Assistant Cashier, any Trust Officer or Assistant Trust
Officer, or any other officer of the Bank customarily
performing functions similar to those performed by any of
the above designated officers and also means, with respect
to a particular corporate trust matter, any other officer
to whom such matter is referred because of his knowledge
of and familiarity with the particular subject .
"Security Register" means a register maintained by
the Bank on behalf of the Issuer providing for the
registration and transfers of Securities.
"Stated Maturity" means the date specified in the
Bond Resolution the principal of a Security is scheduled
to be due and payable.
Section 2 . 02 . Other Definitions .
The terms "Bank, " "Issuer, " and "Securities (Security) "
have the meanings assigned to them in the recital paragraphs of
this Agreement .
The term "Paying Agent/Registrar" refers to the Bank in
the performance of the duties and functions of this Agreement .
ARTICLE THREE
PAYING AGENT
Section 3 . 01. Duties of Paying Agent .
As Paying Agent, the Bank shall , provided adequate
collected funds have been provided to it for such purpose by or
on behalf of the Issuer, pay on behalf of the Issuer the
principal of each Security at its Stated Maturity, Redemption
Date, or Acceleration Date, to the Holder upon surrender of the
Security to the Bank at the Bank Office.
As Paying Agent, the Bank shall , provided adequate
collected funds have been provided to it for such purpose by or
on behalf of the Issuer, pay on behalf of the Issuer the
interest on each Security when due, by computing the amount of
interest to be paid each Holder and preparing and sending
checks by United States Mail, first class postage prepaid, on
each payment date, to the Holders of the Securities (or their
Predecessor Securities) on the Record Date, to the address
appearing on the Security Register or by such other method,
acceptable to the Bank, requested in writing by the Holder at
the Holder' s risk and expense.
-4-
Section 3 . 02 . Payment Dates .
The Issuer hereby instructs the Bank to pay the principal
of and interest on the Securities at the dates specified in the
Bond Resolution.
ARTICLE FOUR
REGISTRAR
Section 4 . 01 . Security Register - Transfers and Exchanges .
The Bank agrees to keep and maintain for and on behalf of
the Issuer at the Bank Office books and records (herein
sometimes referred to as the "Security Register") for recording
the names and addresses of the Holders of the Securities, the
transfer, exchange and replacement of the Securities and the
payment of the principal of and interest on the Securities to
the Holders and containing such other information as may be
reasonably required by the Issuer and subject to such
reasonable regulations as the Issuer and Bank may prescribe.
All transfers, exchanges and replacement of Securities shall be
noted in the Security Register.
Every Security surrendered for transfer or exchange shall
be duly endorsed or be accompanied by a written instrument of
transfer, the signature on which has been guaranteed by an
officer of a federal or state bank or a member of the National
Association of Securities Dealers , in form satisfactory to the
Bank, duly executed by the Holder thereof or his agent duly
authorized in writing .
The Bank may request any supporting documentation it feels
necessary to effect a re-registration, transfer or exchange of
the Securities .
To the extent possible and under reasonable circumstances,
the Bank agrees that, in relation to an exchange or transfer of
Securities, the exchange or transfer by the Holders thereof
will be completed and new Securities delivered to the Holder or
the assignee of the Holder in not more than three (3) business
days after the receipt of the Securities to be cancelled in an
exchange or transfer and the written instrument of transfer or
request for exchange duly executed by the Holder, or his duly
authorized agent, in form and manner satisfactory to the Paying
Agent/Registrar.
-5-
9y
Section 4 . 02 . Certificates .
The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof . The
Bank covenants that the inventory of printed Securities will be
kept in safekeeping pending their use and reasonable care will
be exercised by the Bank in maintaining such Securities in
safekeeping, which shall be not less than the care maintained
by the Bank for debt securities of other governments or
corporations for which it serves as registrar, or that is
maintained for its own securities .
Section 4 . 03 . Form of Security Register .
The Bank, as Registrar, will maintain the Security
Register relating to the registration, payment , transfer and
exchange of the Securities in accordance with the Bank' s
general practices and procedures in effect from time to time.
The Bank shall not be obligated to maintain such Security
Register in any form other than those which the Bank has
currently available and currently utilizes at the time.
The Security Register may be maintained in written form or
in any other form capable of being converted into written form
within a reasonable time. .
Section 4 . 04 . List of Security Holders .
The Bank will provide the Issuer at any time requested by
the Issuer, upon payment of the required fee, a copy of the
information contained in the Security Register. The Issuer may
also inspect the information contained in the Security Register
at any time the Bank is customarily open for business , provided
that reasonable time is allowed the Bank to provide an
up-to-date listing or to convert the information into written
form.
The Bank will not release or disclose the contents of the
Security Register to any person other than to, or at the
written request of, an authorized officer or employee of the
Issuer, except upon receipt of a subpoena or court order . Upon
receipt of a subpoena or court order the Bank will notify the
Issuer so that the Issuer may contest the subpoena or court
order .
-6-
/ -0
Section 4 . 05 . Return of Cancelled Certificates .
The Bank will , at such reasonable intervals as it
determines, surrender to the Issuer, Securities in lieu of
which or in exchange for which other Securities have been
issued, or which have been paid.
Section 4 . 06 . Mutilated, Destroyed, Lost or Stolen Securi-
ties .
The Issuer hereby instructs the Bank, subject to the
provisions of Section 28 of the Bond Resolution, to deliver and
issue Securities in exchange for or in lieu of mutilated,
destroyed, lost , or stolen Securities as long as the same does
not result in an overissuance.
In case any Security shall be mutilated, or destroyed,
lost or stolen, the Bank, in its discretion, may execute and
deliver a replacement Security of like form and tenor, and in
the same denomination and bearing a number not
contemporaneously outstanding, in exchange and substitution for
such mutilated Security, or in lieu of and in substitution for
such destroyed lost or stolen Security, only upon (i) the
filing by the Holder thereof with the Bank of evidence
satisfactory to the Bank of the destruction, loss or theft of
such Security, and of the authenticity of the ownership thereof
and (ii) the furnishing to the Bank of indemnification in an
amount satisfactory to hold the Issuer and the Bank harmless .
All expenses and charges associated with such indemnity and
with the preparation, execution and delivery of a replacement
Security shall be borne by the Holder of the Security
mutilated, or destroyed, lost or stolen.
Section 4 .07. Transaction Information to Issuer .
The Bank will , within a reasonable time after receipt of
written request from the Issuer, furnish the Issuer information
as to the Securities it has paid pursuant to Section 3 . 01,
Securities it has delivered upon the transfer or exchange of
any Securities pursuant to Section 4 . 01, and Securities it has
delivered in exchange for or in lieu of mutilated, destroyed,
lost, or stolen Securities pursuant to Section 4 . 06 .
-7-
ARTICLE FIVE
THE BANK
Section 5 . 01. Duties of Bank.
The Bank undertakes to perform the duties set forth herein
and agrees to use reasonable care in the performance thereof .
Section 5 . 02 . Reliance on Documents, Etc.
(a) The Bank may conclusively rely, as to the truth of
the statements and correctness of the opinions expressed
therein, on certificates or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of
judgment made in good faith by a Responsible Officer, unless it
shall be proved that the Bank was negligent in ascertaining the
pertinent facts .
(c) No provisions of this Agreement shall require the
Bank to expend or risk its own funds or otherwise incur any
financial liability for performance of any of its duties
hereunder , or in the exercise of any of its rights or powers ,
if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to
it against such risks or liability is not assured to it .
(d) The Bank may rely and shall be protected in acting or
refraining from acting upon any resolution, certificate,
statement, instrument, opinion, report, notice, request,
direction, consent, order , bond, note, security, or other paper
or document believed by it to be genuine and to have been
signed or presented by the proper party or parties . Without
limiting the generality of the foregoing statement, the Bank
need not examine the ownership of any Securities , but is
protected in acting upon receipt of Securities containing an
endorsement or instruction of transfer or power of transfer
which appears on its face to be signed by the Holder or an
agent of the Holder . The Bank shall not be bound to make any
investigation into the facts or matters stated in a resolution,
certificate, statement , instrument, opinion, report, notice,
request, direction, consent, order, bond, note, security, or
other paper or document supplied by Issuer .
(e) The Bank may consult with counsel, and the written
advice of such counsel or any opinion of counsel shall be full
and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good
faith and in reliance thereon.
-8-
•
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(f) The Bank may exercise any of the powers hereunder and
perform any duties hereunder either directly or by or through
agents or attorneys of the Bank.
Section 5 . 03 . Recitals of Issuer .
The recitals contained herein with respect to the Issuer
and in the Securities shall be taken as the statements of the
Issuer, and the Bank assumes no responsiblity for their
correctness .
The Bank shall in no event be liable to the Issuer , any
Holder or Holders of any Security, or any other Person for any
amount due on any Security from its own funds .
Section 5 . 04 . May Hold Securities .
The Bank, in its individual or any other capacity, may
become the owner or pledgee of Securities and may otherwise
deal with the Issuer with the same rights it would have if it
were not the Paying Agent/Registrar, or any other agent .
Section 5 . 05 . Moneys Held by Bank.
Money held by the Bank hereunder need not be segregated
from any other funds provided appropriate trust accounts are
maintained in the name and for the benefit of the Issuer .
The Bank shall be under no liability for interest on any
money received by it hereunder .
Any money deposited with the Bank for the payment of the
principal , premium (if any) , or interest on any Security and
remaining unclaimed for four years after final maturity of the
Security has become due and payable will be paid by the Bank to
the Issuer, and the Holder of such Security shall thereafter
look only to the Issuer for payment thereof, and all liability
of the Bank with respect to such moneys shall thereupon cease.
Section 5 . 06. Indemnification.
The Issuer agrees to indemnify the Bank for, and hold it
harmless against, any loss, liability, or expense incurred
without negligence or bad faith on its part, arising out of or
in connection with its acceptance or administration of its
duties hereunder , including the cost and expense against any
claim or liability in connection with the exercise or
performance of any of its powers or duties under this
Agreement.
-9-
Section 5 . 07 . Interpleader .
The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over
its person as well as funds on deposit, in either a Federal or
State District Court located in the State and County where
either the Bank Office or the administrative offices of the
Issuer is located, and agree that service of process by
certified or registered mail, return receipt requested, to the
address referred to in Section 6 . 03 of this Agreement shall
constitute adequate service. The Issuer and the Bank further
agree that the Bank has the right to file a Bill of
Interpleader in any court of competent jurisdiction to
determine the rights of any Person claiming any interest
herein.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6 .01. Amendment.
This Agreement may be amended only by an agreement in
writing signed by both of the parties hereto.
Section 6 . 02 . Assignment.
This Agreement may not be assigned by either party without
the prior written consent of the other.
Section 6 .03 . Notices .
Any request, demand, authorization, direction, notice,
consent, waiver, or other document provided or permitted hereby
to be given or furnished to the Issuer or the Bank shall be
mailed or delivered to the Issuer or the Bank, respectively, at
the addresses shown on page 12 .
Section 6 .04 . Effect of Headings .
The Article and Section headings herein are for
convenience only and shall not affect the construction hereof .
Section 6.05. Successors and Assigns .
All covenants and agreements herein by the Issuer shall
bind its successors and assigns, whether so expressed or not .
-10-
•
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Section 6 . 06 . Severability.
In case any provision herein shall be invalid, illegal , or
unenforceable, the validity, legality, and enforceability of
the remaining provisions shall not in any way be affected or
impaired thereby.
Section 6 . 07. Benefits of Agreement .
Nothing herein, express or implied, shall give to any
Person, other than the parties hereto and their successors
hereunder, any benefit or any legal or equitable right , remedy,
or claim hereunder.
Section 6 . 08 . Entire Agreement .
This Agreement and the Bond Resolution constitute the
entire agreement between the parties hereto relative to the
Bank acting as Paying Agent/Registrar and if any conflict
exists between this Agreement and the Bond Resolution, the Bond
Resolution shall govern.
Section 6 . 09 . Counterparts .
This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all
of which shall constitute one and the same Agreement .
Section 6 . 10 . Termination.
This Agreement will terminate (i) on the date of final
payment of the principal of and interest on the Securities to
the Holders thereof or (ii) may be earlier terminated by either
party upon sixty (60) days written notice; provided, however,
an early termination of this Agreement by either party shall
not be effective until (a) a successor Paying Agent/Registrar
has been appointed by the Issuer and such appointment accepted
and (b) notice given to the Holders of the Securities of the
appointment of a successor Paying Agent/Registrar .
Furthermore, the Bank and Issuer mutually agree that the
effective date of an early termination of this Agreement shall
not occur at any time which would disrupt, delay or otherwise
adversely affect the payment of the Securities.
Upon an early termination of this Agreement, the Bank
agrees to promptly transfer and deliver the Security Register
(or a copy thereof) , together with other pertinent books and
records relating to the Securities, to the successor Paying
Agent/Registrar designated and appointed by the Issuer.
-11-
/J�/
The provisions of Section 1 . 02 and of Article Five shall
survive and remain in full force and effect following the
termination of this Agreement .
Section 6 . 11 . Governing Law.
This Agreement shall be construed in accordance with and
governed by the laws of the State of Texas .
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
MBANK DALLAS, N.A. , Dallas, Texas
BY
Title:
[SEAL]
Attest :
Address : P. 0. Box 225415
Dallas, Texas 75265
Title:
CITY OF WYLIE, TEXAS
BY
Mayor
(CITY SEAL)
Address: P. O. Box 428
Attest : Wylie, Texas 75098
City Secretary
-12-
#1k1;
41
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CITY OF WYLIE
114 N. BALLARD ST. — P.O, BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
DA
Mr. Gus Pappas
City Manager
City Hall
Wylie, Texas 75098
Attention: Barbara Le Cocq , Administrative Assistant
RE: Eq 3 r A ibQ D D/ r-i o'-' ?'/DL. - 7-
Dear Mr. Pappas:
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
, Preliminary plat to Planning and Zoning
❑ Preliminary plat to City Council
Final plat to Planning and Zoning
Final plat to City Council
❑ Construction plans to City Council for construction
approval only
❑ Final plat to City Council for subdivision acceptance
along with final inspection statement
Sincerely,
. “..) • 74- - •
1 . W. Santry, Jr . , P.E.
City Engineer
IWS/1::al
cc : Bill Windham, Public Works Director
Roy Faires, Code Enforcement Officer
File
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Spec i a1
SM WARRANTY DEED V\l 1l\l\lllllllll\�lllVlllllll�ll
��./iLW_ifil)i."'' ,:Gi%0•'ti'L',7:,7.'li.,'1'i1VC//_,,:/./�:!i.''if'1/v:YL:ilizi!%v:::_1,\1,\!&\w, , ;,\ aV1.1;.\1:..111:,;,. � \
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_t THE STATE OF TEXAS
COUNTY OF COLLIN i KNOW ALL MEN BY THESE PRESENTS:
_
_ That Stanley A. Moussa
(hereinafter called "Grantor," whether one or more, masculine, feminine or neuter) for and in consideration
-11 of the sum of TEN and no/100 DOLLARS and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, paid by
The City of Wylie I
▪ (hereinafter called "Grantee," whether one or more, masculine, feminine or neuter), for which no lien is
▪ retained either express or implied, has Granted, Sold and Conveyed, and by these presents does Grant, a
Sell and Convey, unto the said Grantee all that certain real property located in Collin County,
• Texas and described as follows:
�' Being 1.1692 acres of land, more or less, in the James McUlmurry Survey,
Abstract No. 629, situated in the City of Wylie, Collin County, Texas;
more particularly described on Exhibit "A" attached hereto and made a
part hereof for all purposes.
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Should Grantee fail to construct a water tower or other similar water
storage facility suitable for municipal water storage on the property L
within one year after the date of this deed, title to the said
property shall revert to Grantor, his heirs, successors and assigns without
the necessity of a re-entry by Grantor. Should said property revert under
the aforesaid circumstances, upon request of Grantor, Grantee agrees to
execute a Warranty Deed evidencing that Grantee claims no further right,
title or interest to said property.
r
1 together with all improvements thereon, if any, and all right, title and interest in and to adjacent sidewalks, streets,
• roads, alleys and rights-of-way.
This deed is executed and delivered subject to all easements, reservations, conditions, covenants and
restrictive covenants as the same appear of record in the office of the County Clerk of the county aforesaid. f
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights
and appurtenances thereto in anywise belonging, unto the said Grantee, his, her or its successors, heirs F
and assigns, as the case may be, forever; and Grantor does hereby bind Grantor and Grantor's successors,
▪ heirs, executors and administrators, as the case may be, to Warrant and Forever Defend all and singular the G
said premises unto the said Grantee and Grantee's successors, heirs and assigns, as the case may be, against
every person whomsoever lawfully claiming, or to claim the same, or any part thereof., by, through
• or under the undersigned but not otherwise.
Executed this 30 f� day of Mf‘ ,A.D. 19 86
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Exhibit A
BEING a tract of land in the James McUlmurry Survey,Abstract No. 629,situated in the City of
Wylie, Collin County, Texas, and also being a part of that certain 71.38 acre tract conveyed to
C.T. Beckham and Thomas W. Merriman by deed recorded in Volume 834, Page 614 of the Deed
Records of Collin County, Texas, end also a part of that certain 56.287 acre tract conveyed to
Stanley A. Moussa by deed recorded in Volume 2023, Page 713 of the Deed Records of Collin
County,Texas,and being more particularly described as follows:
COMMENCING at an iron rod found at the Southwest corner of said 56.287 acre tract, said point
being on the North line of the 71.38 acre tract and the East right-of-way line of F.M. Road No.
1378 (90.0 feet wide);
THENCE North 88'29'52" East along the South line of the 56.287 acre tract and the North line
of the 71.38 acre tract, 1648.63 feet;
THENCE South 0'03'58" West, 20.09 feet to an iron rod at the PLACE OF BEGINNING of this
description;
THENCE North 0'03'58" East, 105.0 feet to an iron rod;
THENCE North 54'07'01" East, 161.82 feet to an iron rod;
THENCE South 89'56'02" East, 82.57 feet to an iron rod;
THENCE South 36°43'40" East,247.83 feet to an iron rod;
THENCE North 89'56'02" West, 289.13 feet to an iron rod at the beginning of a curve to the
left;
THENCE Southwesterly along said curve to the left having a central angle of 2'25'21", a radius
of 1723.97 feet and a tangent of 36.45 feet, an arc distance of 72.89 feet to the PLACE OF
BEGINNING,and containing 1.1692 acres of land, more or less.
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CITY OF WYLIE
114 N. BALLARD ST. - P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
MEMORANDUM
June 6, 1986
TO: Gus H. Pappas, City Manager
FROM: I . W. Santry, Jr. ,P. E. , City Engineer
SUBJECT: Drainage Easement from Rustic Oaks IV to City of
Wylie
Enclosed is one ( 1 ) original and two (2) copies of the
easement from Rustic Oaks Garden Apartments Joint Venture to
the City of Wylie at the request of Astor Development
(Westgate - Phase I ) . The drainage easement is to allow
Astor Development to complete their drainage plans at the
Southeast Corner of Westgate - Phase I to transport to the
existing creek.
The easement and program have been reviewed and the
Engineering Staff finds it in order.
Sincerely,
I . W. Santry, Jr. ,P. E.
City Engineer
IWS/am
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. `�...'.p.�. .r �j•.T•tS,•-7•;;5,:�q. .p:C •..•v o"ie 11'u `t;'C V •'it '�' +'�' '�a Ski
THE STATE OF TEXAS, avow ALL MEN BY THESE PRESENTS: m
COUNTY OF CO L L I N
THAT VV. D. RALEy , as managing partner of and on behalf
of Rustic Oaks Garden Apartments Joint Venture ,in consideration of the sum of
Yam, (Grantor) L..
E42and other good and valuable consideration l
one dollar ($1 .00) ,_:
t3 t'
in hand paid by the City of Wylie, Texas (Grantee)receipt of which is hereby acknowledged,do by o.
iNi
these presents grant, bargain,sell and convey unto to the City of Wylie, Texas , the free
i,..
:diiip� and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following c._,
p.
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described property, a 40 foot wide strip of landif.._.
owned by said Grantor ,Situated in Coil i n County,Texas,in the ::
fp,- S. 6. Shelby Survey,Abstract No. 820, being generally depicted
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and more particularly described by metes and bounds as follows:
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r See attached Exhibits A & B t
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And it is further agreed that the said Grantor o,,
in consideration of the benefits above set out,will remove from the property above described,such fences, :
buildings and other obstructions as may now be found upon said property. -
E.For the purpose of constructing, operating and maintaining drainage E�
6i
facilities
I in,along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
gemployees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to,improvements on and repairs to the said faci 1 i ti es and At:
EZ any part thereof. z.:..
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__ta TO HAVE AND TO HOLD unto the said City o f Wylie, Texas as aforesaid for .....!
the purposes aforesaid the premises above described. March t;=,_
61
Witness my hand ,this the 7 th day of Vebrua3 A.D. 1986
,
a==
z`' �^ 1 Rustic Oaks Garden Apartments Joint Ventt*
•� (Grantor)) 6 2.7(- , _
/ iii‘447 /�� w.��2.,t,,� , rsanao� Partner v.-,
_
a.
ACKNOWLEDGMENT
THE STATE OF TEXAS, / BEFORE ME,the undersigned authority,
COUNTY OF -, 9 Partner of Rustic Oaks Garden
on this day person ally appeared w+•Q•'• �Joint Venture, a Texas Joint Venture on behalf of Rustic Oaks Garden Apar�enis Joint
Venture _......_.._..
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 expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,This . 7 '......day of .. , A.D. 19.. 86
(L.S.) _ - -----
Notary Public,in and for the State of Texas.
My Commission Expires .....Its°=- - ---
ACKNOWLEDGMENT
THE STATE OF TEXAS, / BEFORE ME,the undersigned authority,
COUNTY OF
. .... .........
on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument,and acknowledged to me that
...he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,This. day of , A.D. 19..._..-.
(L.S.)
Notary Public,In and for the State of`Texas.
My Commission Expires
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, } BEFORE ME, the undersigned authority,
COUNTY OF..
on this day personally appeared... ---- —---
__ ]mown to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of ,A.D. 19__
(L.S.)
Notary Public,in and for the State of Texas.
My Commission Expires _...--.__._..__--.-._.---_---__.-_...�___-.
CLERK'S CERTIFICATE
THE STATE OF TEXAS, 1 I, , County
COUNTY OF.. ._COLL.LN
Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the
day of , A. D. 19__......., with its Certificate of Authentication, was filed for
record in my office on the day of ,A. D. 19 ,at o'clock........ .....M.,and duly
recorded this day of _....._...._._ _..A. D. 19...___-.,at o'clock.. M.,in the
_Records of said County,in Volume ,on pages ..
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County,at office in ----
,the day and year last above written.
County Clerk __ .___—.....-._.. _ County, Texas.
Return to: (L.S.) By...__. . . — ___ ..._ _., Deputy.
Lichliter/Jameson & Associates
1420 W. Mockingbird Ln. , Suite 300
Dallas, Texas 75247-4906
Attn: Mr. John Church
1:
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EXHIBIT A
DRAINAGE EASEMENT DESCRIPTION
BEING a strip of land 40 feet wide situated in the S.B. Shelby Survey, Abstract
No. 820, City of Wylie, Collin County, Texas, being part of a tract of land
conveyed by deed to Rustic Oaks Garden Apartments, Joint Venture as recorded in
Volume 2157, Page 397, Deed Records of Collin County, Texas and being more
particularly described as follows:
BEGINNING at a 3/8 inch iron rod found for the Southwest corner of Rustic Oaks
Phase Three, an addition to the City of Wylie, Collin County, Texas as recorded
in Cabinet 0, Page 12, Map Records of Collin County, Texas;
THENCE South 89° 53' 50" East along the south line of said addition a distance
of 371.54 feet to the southwest corner of Rustic Oaks Phase Two, an addition to
the City of Wylie, Collin County, Texas as recorded in Cabinet D, Page 199 Map
Records of Collin County, Texas;
THENCE South 19° 44' 37" West a distance of 42.47 feet to a point for corner;
THENCE North 89° 53' 50" West a distance of 358.30 feet to a point for corner;
THENCE North 01° 34' 30" East a distance of 40.01 feet to the POINT OF BEGINNING
and containing 0.3351 acres or 14,597 square feet of land.
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ee1 Proposed a o (I �West0ole Addition o li
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DRAINAGE • EASEMENT•
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A
40 Foot Strip of Land
SITUATED IN THE
S. B. Shelby Survey; Abstract No. 820
City of Wylie, Collin County, Texas
f�� Lichliterrr>eson aciates,Inc. LA
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or+wi,wtPerat•w .w+�+�sso tvve+w
ACCEPTED FOR THE CITY OF WYLIE THIS the DAY OF
CITY OF WYLIE
Mayor
ATTESTED:
1
Carolyn Jones, City Secretary
Date
//6
•
ROLAND FOERSTER
CONSULTING CIVIL ENGINEER
REGISTERED PUBLIC SURVEYOR
538 HAGGARD ST • SUITE 407
PLANO.TEXAS 75074
(214) 423-5334
June 2 , 1986
Mr. Gus Pappas
City Manager
City of Wylie
P.O. Box 428
Wylie , Texas
Dear Mr . Pappas :
Please accept this letter as my proposal and "Letter of
Agreement" to perform Consulting Engineering Services for the
City of Wylie in the form of subdivision plat and engineering
plan review. Preliminary and Final plat and plans will be re-
viewed for the purpose of determining compliance with applicable
City of Wylie Subdivision Ordinances , standards and regulations .
It is my understanding as per our meeting on May 28th that
each plat and plan submittal to the City will first be examined
by City Staff and then be forwarded to be me with any appropriate
comments as required. Upon completion of my review "mark-ups"
with necessary comments will be returned to the Engineering
Department by letter of transmittal . My scope of responsibility
will be limited to plat and plan review as described above , some
correspondence , and occasional telephone calls to City Staff
and/or developer ' s engineers. The City should understand that
the State Board of Registration for Professional Engineer ' s
"Rules of Practice and Procedure" prohibit me from reviewing
plans prepared and sealed by me and submitted to the City for
approval; someone other than myself must review those plans
should this situation arise.
The services to be performed as described above will be
invoiced on a monthly basis at the following hourly rates:
Engineer at $ 45 .00
Technican/Drafter(if required) at $ 25 .00
Clerical at $ 15 .00
Reproduction and any delivery charges will be at direct cost.
Council and P & Z meetings if required will be at the rate of
$55 .00 per hour . Monthly invoices will be itemized by subdi-
visions; preliminary or final . I also understand that this
Agreement may be terminated by either party at any time ; I
agree to furnish the City at least 45 days notice of my intent
to terminate .
//
•
June 2 , 1986
Page 2 .
I appreciate the opportunity of providing the City of
Wylie this proposal and look forward to working with you and
other members of your staff. If these conditions are accept-
able to the City of Wylie , please sign below and return one
copy to my office.
Respectfully submitted, "ACCEPTED"
City of Wylie
Roland Foerster , P.E. , R.P.S . Name
Title
Date