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07-22-1986 (City Council) Agenda Packet O' 4t, 404 q/ 7 'r-r V'mt ith,ae ol,00 , ,, AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, JULY 22, 1986 7:00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-18 Consider approval of minutes. PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 2 19-21 Consider approval of annexation ordinance for 10 .4996 acres out of the Francisco de La Pina Survey, Collin County Abstract 688, located on E. SH78 in front of Wylie Ranch East . 3 23-26 Conduct PUBLIC HEARING on the request for Bl zoning for 10 .4996 acres out of the Francisco de la Pina Survey, Collin County Abstract 688, located on E. SH78. 4 27-29 Consider approval of zoning ordinance for 10 .4996 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 . 5 30-35 Conduct PUBLIC HEARING on the request for re-zoning of 8.7877 acres out of the Allen Atterberry Survey, Collin County Abstract 23 , from 2F (duplex) to PD (planned development) known as "The Meadows of Wylie" , located at Stone Road, S. Birmingham St. and S. Ballard. 6 36-40 Consider approval of zoning ordinance for 8 .7877 acres out of the Allen Atterberry Survey, Collin County Abstract 23 . 7 41-45 Conduct PUBLIC HEARING on the request for re-zoning from Retail to Bl on 0.3241 acres on 0.3241 acres out of the E. C. Davidson Survey, Collin County Abstract 267 , located on the NE corner of SH78 and Kirby Street. 8 46-49 Consider approval of zoning ordinance for 0.3241 acres out of the E. C. Davidson Survey, Collin County Abstract 267 . ORDER OF PAGE BUSINESS REFERENCE BUSINESS 9 50-57 Consider amendment to the Subdivision Ordinance of the City of Wylie, by adding a paragraph 6 .02B (4 ) and changing the percent of lime in paragraphs 6 .02E (1) , (2) and (3) . GENERAL DISCUSSION 10 Citizen Participation. NEW BUSINESS 11 58-64 Consider approval of a resolution of agreement between the State of Texas and the City of Wylie for the blanket coverage of various projects covering the installation, construction, existance, use, operation and maintenance of certain highway traffic signals/illumination in the City of Wylie. 12 65-77 Consider approval of contract with Talem, Inc. for monitoring services for industrial discharge. 13 78-80 Consider approval of audit services engagement letter with Doll, Karahal & Co. PC, CPA' s. 14 81-87 Consider acceptance of drainage easement from Jick & Naomi Drain needed for storm water discharge from Pointe West Addition. 15 87-89 Consider approval of name change reqeust for streets within Southfork Mobile Home Park. GENERAL DISCUSSION 16 Council Discussion. 17 Recess open meeting. EXECUTIVE SESSION 18 Convene Executive Session under the authority of Article 6252-17 of V.A.C.S. Section 2 , paragraph "g" , personnel matters to review the performance of the City Manager for the past ninety (90) days. 19 Reconvene open meeting. 20 Consider termination of City Manager . 21 ADJOURN CITY COUNCIL MEETING MINUTES JUNE 24, 1986 7:00 P. M. The Wylie City Council met in regular session on Tuesday, June 24, 1986 at 7: 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, Council members Calvin Westerhof , Sandra Donovan, Lowell Brewster, and Joe Fulgham, Finance Director James Johnson, City Secretary Carolyn Jones, Chief Royce Abbott, Roy Fair-es Code Enforcement Officer, and Ron Homeyer from Engineering Department. City Manager Gus Pappas was absent. Mayor Hughes called the meeting to order and Councilman Fulgham gave the invocation. APPROVAL OF MINUTES: There being no corrections or additions to the minutes of June 3rd, June 9th, June 10th, a motion was made by Councilman Fulgham to approve as submitted. Seconded by Mayor Pro Tem Spence. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Teem Spence - i n 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. SECOND PUBLIC HEARING ON ANNEXATION OF 10. 4996 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688: This property is located on E. SH78 and is lots 1-5 of Wylie Ranch East Commercial . Mayor Hughes opened the public hearing, there being no questions or opposition, the public hearing was closed. APPROVAL OF AMENDMENT TO ORDINANCE NO. 84-12, THE FEE SCHEDULE OF THE CITY OF WYLIE: This amendment relates to Section 5 - Reconstruction of Streets and sets the annual percentage rate at 10% for all options with the exception of the 90 day pay, which carries no interest. The amendment also allows for a three year (36 month) payout as another option. The staff is asking Council to consider adding a 36 month payout on this fee in order to help the citizens. Councilwoman Donovan wanted to know if a house did not front on the street, did they pay. Mr. James Johnson said if it is the side yard, the owner is still charged for that portion of the street. Motion was made by Councilman Fulgham to approve the amendment to Ordinance No. 84-12 adding the schedule for payout for Reconstruction of Streets with 12, 24, and 36 month payouts and and immediate pay to be approved. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tern 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 RESOLUTION ACCEPTING MINUTE ORDER FROM THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATIVE TO PROPOSED IMPROVEMENTS ON FM 544: This resolution is requested by the Texas State Department of Highways and Public Transportation. The minute order outlines that the state will remove a section of Highway 5 from the state highway system at the request of Collin County and the cities of Richardson and Plano. These cities have proposed that they pay for the design and construction of the improvements of a stretch of SH5 from the proposed SH19O to Campbell Road. In exchange they have requested that the state use the funds allocated for that project for improvements to FM544 and to move that project up on the schedule. The Cities must pass a resolution to accept this project as outlined in the minute order. Motion was made by Councilman Fulgham to approve resolution accepting the minute order. 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. CITIZEN PARTICIPATION: There were citizens present at this meeting, but none came forward to speak. APPROVAL OF REPLAT OF LOTS 1-8, BLOCK 17 RAILROAD ADDITION: This First Baptist Church is the owner of this property and is planning to build and needs to have this replatted into one lot in order to accommodate the building. They are also abandoning the alley that separates the lots. The engineering staff has reviewed this replat and recommends approval . The Planning and Zoning Commission has reviewed the replat and recommends approval . Mr. James Johnson said that the Baptist Church will pay for the relocation of all utility lines that are in this alley. Motion was made by Councilman Brewster to approve the replat of Lots 1-8, Block 17 Railroad Addition. Seconded by Councilwoman Donovan. 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 CONSTRUCTION PLANS FOR POINTE WEST ADDITION: This property is located on FM 1378 and is bounded on the north by Lake Ranch Road and on the west by Lake Ranch Estates. The engineering staff has reviewed this plat and had found it to be in compliance with the subdivision regulations. The Planning and Zoning Commission recommends approval of the construction plans. The final plat will come before you after the public improvements have been installed and inspected. Mr. James Johnson said that sewer will be provided by the temporary force main from Southfork. Motion was made by Mayor Pro Tem Spence to approve construction plans for Pointe West Addition' Seconded by Councilman Fulgham. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - abstained, Councilman Brewster - abstained, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with four (4) in favor and two (2) abstentions. APPROVAL OF PRELIMINARY PLAT FOR LAKE RAY HUBBARD MOBILE HOME PARK: This property is located on S. FM 544 in the tri-county area. The engineering staff has reviewed this plat and has found it to be in compliance with the subdivision regulations. The Planning and Zoning Commission reviewed this plat and recommends approval but added one more lot for green area, besides what is shown as green area. Mr. Johnson said that water will come from the City' s water tower to the site and will be installed by the developer. Sewer will be handled with holding tanks until other development begins, which should not be very far off . There are two other tracts platting in this area. Councilwoman Donovan wanted to know if all easements have been secured for this water line. Mr. Roy Faires, Code Enforcement Officer, stated that the water line is going in on City right-of-way. Motion was made by Councilman Fulgham to approve preliminary plat for Lake Ray Hubbard Mobile Home Park. Seconded by Councilman Westerhof . The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - abstained, Councilman Westerhof - in favor, Councilman A Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with five (5) in favor and one ( 1 ) abstention. COUNCIL DISCUSSION: Mayor Pro Tem Spence wanted to know if the Council could work with the Chamber in getting more industry into Wylie. Mayor Pro Tem Spence said he had heard that Holland Hitch is having a temporary lay off . Mayor Hughes said the City would do all they can to help the Chamber bring industry into Wylie. The City is limited in what ways they can help. Mayor Hughes said we could set up a committee to see what could be done. Mayor Pro Tem Spence said there are three industrial parks and no interest. Mr. Roy Faires said he felt when this major freight lines moved into 544 Industrial Park, this would help. They are in the process of drawing their building permit. Mr. James Johnson said the courts says and acts on a city giving tax breaks, that a city cannot entice businesses and a number of other cities have taken a number of cities to court over that. Mr. Johnson said that the taxes of HR3838 is going to restrict tax bill , this is what everybody is talking about. It will restrict the useage so the Chamber and/or City should move cn it. Once the law is written, it is difficult for the City/County to issue bonds. The tax advantages are there now, but they may not be if Congress agrees to this present bill . It will hamper the issuance of Industrial Development Bonds. Councilman Fulgham said there was some type of loans that you could apply for at one time, are these still available. Mr. Johnson said there was small business administration and that is one of the agencies on the cut list , and the loan program to aid small businesses. Mayor Hughes appointed Mayor Pro Tem Spence and Councilman Westerhof to work with the Chamber Committee in getting industry into Wylie. Councilman Fulgham asked about the force main, was it on line. Mr. Johnson said the line is ready and is operating. Councilman Fulgham wanted to know if this eliminated the tanker. Mr. Johnson said yes, the tanker has been terminated. Councilwoman Donovan said we need something done about the microphones, in order for the people to hear what the Council is saying. Councilwoman Donovan also wanted to have all employees invited to the budget work sessions, in order that they could have input on what they wanted/needed in next years budget. Councilwoman Donovan said she would like to see about meeting with one or two departments, not just department heads, prior to the budget priority list from Mr. Pappas. This would let Council know of their goals and interest. This is not department heads, but all employees, and it should not be mandatory, but give the employees an invitation to come. Councilman Fulgham said the department heads work with the employees and them come to the budget work session with the Council . Mayor Hughes said it has always been just department heads. If Council wanted the employees, then that is okay. Councilman Westerhof said he like the ideal of the open session, but only have one person to speak. Councilman Westerhof said he did not want 15 people to get up and speak. Councilman Fulgham said that all budget work session are open meetings. Councilman Fulgham also said the employees are not responsible to him, they are responsible to the department head and the department head is responsible to the City Manager. Councilwoman Donovan said the only thing she is trying to do is open relations between the employee and the Council or the City rather than having it just be the one spokesman. Councilman Brewster said a memo was the way to handle inviting the employees, as long as the department head makes the employee aware it is permissible for him to be at the meeting, but this should not be a requirement. Councilwoman Donovan said she had one last item and this is just so it goes on record. Councilwoman Donovan said the Council okayed the information packet on the bond election, but felt this was undue cost to the tax payers. The City was close to being illegal with the information packet according to the Texas Election Code. Councilwoman Donovan said it was her understanding that First Southwest Company would have done the information packet free of charge to the City, it we would have just asked for it. Councilwoman Donovan said that now we have a cost of over $1400' to the tax payers for putting out this information. Mayor Hughes said that about 90% of all cities are illegal in newspaper ads. That the Council in every city gets behind bond issues and begin working on them and most of the time are so involved they do not realize how close they are to being against some of the laws. This is because the Council is excited and working for the City. There being no other business, Mayor Hughes called for a motion to adjourn. Motion was made b\ Mayor Pro Tem Spence to adjourn. Seconded by Councilwoman Donovan. All were in favor. Don Hughes, Mayor ATTEST: Carolyn Jones, City Secretary ' � | | ! �// CITY COUNCIL MEETING MINUTES JULY 8, 1986 7:00 P. M. The Wylie City Council met in regular session on Tuesday, July 8, 1986 at 7: 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, Council members Lowell Brewster, Sandra Donovan, Calvin Westerhof , and Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Patti Griffin of the Wylie News. Mayor Hughes called the meeting to order and Councilman Westerhof gave the invocation. APPROVAL OF MINUTES: Minutes submitted for approval were for June 17th, June 24th, and July 1st. After much discussion on the minutes of June 24th, a motion was made to approve June 17th and July 1st minutes as submitted. 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 - against, and Councilwoman Donovan - in favor. This motion carried with five in favor and one against. Due to the problems with the minutes, it was suggested by the City Secretary to hire a court reporter . Mayor Hughes asked the Council if they wanted an item on the next agenda to hire a court reporter to take minutes of the council meetings. Councilman Brewster asked if we kept the tapes of the meetings. City Secretary Carolyn Jones, said yes that all tapes are kept. Councilman Brewster said there was no need for two (2) sets of records. Mayor Hughes recessed the open meeting and convened Council into executive session under the authority of Article 6252- 17 of V. A. C. S. Section 2, paragraph "g" personnel matters, to discuss qualifications of Councilman Spence to continue to hold office. Mayor Hughes reconvened the council back into open session. Mayor Hughes stated there were two items of discussion, the taxes not being paid on time and being in a delinquent status, and if Mr. Spence lived within the City limits. Motion was made by Councilman Westerhof to declare that the qualifications of Mr. Spence be valid and he continue as a council member. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - against, Mayor Pro Tem Spence - abstained, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - abstained, and Councilwoman Donovan - in favor. This motion carried with three in favor, two abstentions and one against. Mayor Pro Tem Spence addressed the Mayor and stated at this time he would like to turn in his resignation. Mayor Pro Tem Spence stated that he had been cleared of any charges. He also stated he has tried his best, but it was not good enough for some people. One of these days the back stabbing is going to stop. Mayor Pro Tem Spence handed his resignation to the Mayor and left the room. Mayor Hughes read the letter of resignation as follows: Dear Council Members: Please accept my resignation from the Wylie City Council effective immediately, July 3, 1986. Thank you, Harold Spence. Mayor Pro Tem Spence also gave the Mayor another letter which read as follows: Dear Council Members: Please withdraw my request of annexation of 2. 52 acres located at 1825 E. 544. I have received an unfavorable zoning from Planning and Zoning, and city water and sewer service is not available at this time. Thanks for your consideration. Sincerely, Harold Spence. APPROVAL OF ANNEXATION ORDINANCE FOR 2. 52 ACRES OUT OF THE 3. D. SHELBY SURVEY, COLLIN COUNTY, ABSTRACT 819: This property is located on East FM 544, and is the property belonging to Mr. Harold Spence. Motion was made by Councilman Brewster to accept the withdrawal request from Mr. Spence on the annexation of this property. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - 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. items No. 7 and 8, regarding the zoning of 2. 52 acres out of the J. D. Shelby Survey, will have no action since the above action on the withdrawal request. APPROVAL OF ANNEXATION ORDINANCE FOR 19. 42 ACRES OUT OF THE L. K. PEGUES SURVEY, COLLIN COUNTY ABSTRACT 703: This property is located on the east side of Hooper Road, south of FM 544. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 19.42 acres out of the L. K. Pegues Survey, Collin County. Seconded by Councilman Brewster. The vote was as follows: Mayor Hughes - 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. PRESENTATION BY CECILIA WOOD: Mrs. Wood lives at 515 Woodhollow Dr. in Wylie. Mrs. Wood spoke to the council on two items which were brought forth during the council meeting on June 24th. The first was in regards to procedures for preparing a budget and the second was in regard to the information pamphlet distributed on the Bond Election. CITIZEN PARTICIPATION: There were citizens present at this meeting, but none came forward at this time to speak. PRESENTATION BY MRS. OLYMPIA MARGIES: Mrs. Margies has come before Council in regards to the provision in the Mobile Home Park Ordinance prohibiting outside TV antennas. Mrs. Margies believes this takes away her right to make a choice of wanting cable TV or having to take cable TV in order to receive programs. There are other subdivisions in Wylie and they have the option of taking cable TV or putting up an outside antenna. This is called discrimination when a GJ mobile home park is treated different from other subdivisions. City Manager Gus Pappas said the provisions in the Mobile Home Park Ordinance came from an old ordinance. This provision assumes that the mobile home park developer will install a common TV antenna for the entire park. The intent of the owner of this park is to provide cable and is going to do this. Mr . Pappas said he has talked with Mr. Larry Jackson, the City Attorney, and the city has the right to put a size and height restriction on antennas, but to deny an outside antenna would not stand up in court. Mr. Pappas recommends this to be put on the next agenda to amend the Mobile Home Park Ordinance. Mr. Nichols said this would be hard to try and defend in court , to put a restriction on a mobile home park and not on other areas in the City. Mr. Nichols recommends amending the Mobile Home Park Ordinance. Councilman Brewster said he had no problem but we should look: at this entire Ordinance and see if there are other areas that need to be amended. Councilman Brewster said he knew several people who worked on this ordinance and he is not saying it is a poor ordinance. City Manager Gus Pappas suggested that staff send another copy of the ordinance to the City Attorney and let him look: at it again. Councilman Brewster would like for the Planning and Zoning Commission to be involved in the amendment to this ordinance. Councilman Ful gham would like for council to look at the provisions for trash pickup and address this portion of the ordinance again. Mayor Hughes said it was his opinion that these people want to live in as nice a development as others. City Manager Gus Pappas said he thought is was done to keep it from looking cluttered, but the new ordinance spaces the homes on larger lots. Mrs. Margies said the extension for antennas was up on July 1';th, what could be done by this date. City Manager Gus Pappas said he could and would extent the 60 days. AWARD OF BID FOR JAIL EQUIPMENT, PAVING, SITE AND SOIL PREPARATION, SIGN AND FENCE, FLAGPOLE FOR NEW MUNICIPAL COMPLEX: Bids were received through 1 : 00 P. M. on July 1st, and opened at 2: 00 P. M. on July 1st. The City received one bid, that was from Speed Fab-Crete and is as follows: Site fill and lime penetrating $ 58, 464. 00 Site, Lime stabilization paving and concrete culverts to tie into highway 308, 371 . 00 3 - 40' tall flag poles 7, 751 . 00 Sign and fence with sidewalk behind sign and fence 12, 000. 00 Electrical conduit and wire and lights for sign and fence 4,000. 00 Jail equipment installed 75, 121 . 00 Payment and performance bond 19, 327. 00 TOTAL BID $485, ��34. 00 Councilman Fulgham said the reason, of having bids on the site preparation was that if the city did this work, then something happened to the foundation during construction, it would come back on us. If some other contractor does the site preparation, then it is their responsibility. Councilwoman Donovan wanted to know if this was the original bid or did we go out for new bids. City Manager Gus Pappas said this was a new bid, the bids were just received and opened on July 1 , 1986. Motion was made by Councilman Fulgham to award the bid to Speed Fab-Crete for a total of $485, 034. 00. Seconded by Councilman Westerhof . The vote was as follows: Mayor Hughes - 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. City Manager Gus Pappas said the project for the new Municipal Complex will cost $1 , 734,484. 00. APPROVAL OF FINAL CONTRACT ON THE CONSTRUCTION OF THE MUNICIPAL COMPLEX: City Manager Gus Pappas said that staff would recommend the signing of the contract. We are not in receipt of the funds, and the attorney said to sign with a provision that the contract is subject to the receipt of funds. City Manager Gus Pappas said that staff was in the process of doing a draw down plan which would allow us to generate some $190, 000. from the funds prior to having to release the funds. This draw down schedule will allow us to recoup some additional funds to off set the furniture loss, pay for legal and printing fees connected to the issuing of bonds and still generate enough income to take care of the first initial payment of the bond issue itself . Finance Director James Johnson said the other thing we have to worry about is the interest earnings as to the interest rate. As interest rates fall , we earn less, as rates rise it will earn more. Motion was made by Councilman Fulgham to approve and sign contract on the construction of the Municipal Complex . Seconded by Councilman Westerhof. The vote was as follows: Mayor Hughes - 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: Councilman Brewster wanted to know the status of the mail out on the street program. City Manger Gus Pappas said the mail out has been mailed and he has had some calls. The only report I can give you so far is the owner of the Meadows is supportive of it and the school was supportive of the idea, but has some concern about the improvements being made to the elementary school that the parking lot and the street would meet in the proper manner. Councilman Brewster wanted to know at what point do we notify the school system of development. City Manager Gus Pappas said from time to time the school received building reports, units/acre report, news letter, preliminary plats, annexations. Councilman Fulgham wanted to know about the budget process, preliminary reports from department heads and then the council makes out suggestions. Why did we receive this other set of dates and papers. City Manager Gus Pappas first year that I was here we took: a long time, and became involved with the budget because of setting a process and working with the Council for the first time. The first step is to get some type of general feelings of what the council wants to see in the next year' s budget. Then take these figures and try and come up with a balanced budget. Then this first draft of a balanced budget is laid before the council for approval or suggestions of what they want added or taken out. Councilman Fulgham said he did not know that council had requested a change the order of business in doing the budget, but that the council wanted the employees to be invited. The reason for these questions is because of receiving this other packet on the budget. City Manager Gus Pappas said that was the meeting he was not in attendance at, when I returned, I noticed that I had not sent out the priority list, so I sent this list out. Then the impression I was given of the meeting, there was some discussion about how we were going to do this. I was corrected on the way I was doing this list and meeting dates and I sent out the corrected memo to the council to reflect this new schedule I was informed of , and a memo to each employee which will go out with their pay checks tomorrow and each one will receive an invitation to the meetings. City Manager Gus Pappas said that council discussions very often involves a decision making process where there is no vote taken, but on occasion a decision is made without a formal vote, and it is easy to misunderstand what every ones vote was. I did go back into the minutes, and I did talk with you Mayor and you said that was not your understanding. The minutes say that Mayor Hughes said I am not pleased with it, but if that is what the council wants it is okay. There were council members who took it as a yes vote. When you have a decision without a formal vote it is very easy to misunderstand. Councilman Brewster said his interpretation was that the council would like for the city employees to be aware that they could come to these meetings. We all know that these are open meetings, and want them to know they can come, but not make it mandatory. City Manager Gus Pappas said he did check: to make sure that was what was wanted, because if you demand the employees to be here you will have to pay them. Mayor Hughes said if we follow this outline, we will be late on the budget. Councilman Fulgham said that is why he did not feel that was the consensus of the council that we follow that order, but that we invite all employees and not just department heads. Councilman Fulgham said he wanted to see a balanced budget, he did not want to create the budget. City Manager Gus Pappas said what we have done before, is the director of finance and I prepare a balanced budget. Then on a Saturday work session, set up a meeting with department heads for their presentation. After the end of the presentations, the council then tells me where to delete and where to add to the budget. But there is still a balanced budget. City Manager Gus Pappas said that on July 26th, we can have this work session and give you a balanced budget on this date to work with. Councilwoman Donovan said to the City Manager that he was talking about what the past council did and that is the way you have done it the past two years. City Manager Gus Pappas said no, in every city he has ever worked. Councilwoman Donovan said there are three new council members who have voiced their opinion to do a little change on this and now we are going back to doing it the other way. City Manager Gus Pappas said no, if it is the council ' s desire to go at the budget at this other pace, then he will do it, but I feel I should tell you the problems and I have done that. If you still choose to follow this course, then I will do it. Councilman Brewster said he thinks we have two courses and they are the same thing. The only additions Councilwoman Donovan brought up the other night was to make the employees to be aware that they could come to the budget meeting. Councilman Brewster said he was not going to change anything that would slow the budget procedure down, but he does want the people to be aware that Councilwoman Donovan wanted them to know they were invited to the council meetings. City Manager Gus Pappas said it was his understanding that the instructions were that council would not give him a priority list prior to the completion of all presentations and that I would not deliver to you a balanced budget prior to all presentations being made. Councilman Westerhof said the way he understood it and the way he would like to see it done, is that council would fill out the form for their priority list and give back to you and the staff and come up with a balanced budget. Then council would meet and begin their process of adding or deleting to this balanced budget. City Manager Gus Pappas said he was to send out a memo to the employees inviting them to a Saturday, July 26th work session on the budget and I will have a balanced budget for council at that time. Councilman Westerhof said he preferred the department heads to do the presentations, not the employees. Mayor Hughes thanked Chairman Kent Crane and Bill Chapman from the Planning and Zoning for coming to the council meeting. Mr. Kent Crane said he has talked with the School and one of the board members to work out a means of communication between the school and the city. Mr. Crane also wants to establish communications between the Planning and Zoning Commission and the City Council and would like for someone from each of the boards to be at each others meetings. There being no other business, Mayor Hughes called for a motion to adjourn. Motion was made by Councilman Fulgham to adjourn, seconded by Councilwoman Donovan. All were in favor . Don Hughes, Mayor ATTEST: Carolyn Jones, City Secretary /0 • MINUTES PARKS & RECREATION TUESDAY, JULY 1, 1986 The Parks & Recreation Board for the City of Wylie, Texas met in regular session on Tuesday, July 1, 1986 at 7 :00 P.M. at the Community Room at 800 Thomas Street. Notice of the meeting had been posted for the time and in the manner required by law. Those present were Derek Ammerman, Morris Love, Willie Benitez , Curtis Hale, John Morgan, Peggy Sewell , and Jayne Chapman. Representing the City staff was secretary Barbara LeCocq. Meeting was called to order by acting Chairman Derek Ammerman. ITEM NO. 1 - APPROVAL OF MINUTES - Acting Chairman Ammerman asked if there were any additions or corrections to the minutes. Hearing none, a motion was made by Curtis Hale to approve the minutes as submitted. Motion seconded by John Morgan. Motion carried 7-0. ITEM NO. 2 - ELECTION OF OFFICERS - Mr. Ammerman said that with the retirement of Mrs. Tibbals from the board, there was a need to elect a new Chairman and Vice-Chairman. The floor was open for nominations. Peggy Sewell nominated Derek Ammerman for Chairman, John Morgan seconded the motion. Motion carried 7-0 . The floor was opened for nominations for Vice-Chairman. Morris Love nominated Curtis Hale for Vice-Chairman. Peggy Sewell seconded the nomination. Motion carried 7-0. ITEM NO. 3 - RESTROOM PROBLEMS - The discussion was opened by John Morgan who advised that the restrooms had been vandalized approximately 6 weeks ago. New stainless steel fixtures have been ordered and are due for delivery at any time. Mr. Morgan also stated that there is a need for toilet tissue holders. Peggy Sewell asked if there was a possibility of getting the new type used by several commercial buildings that have a large capacity. Discussion determined this would be likely to be another target for the vandals. John Morgan said several people had discussed metal bars welded to the walls to hold rolls of tissue. Mr . Morgan was asked to speak with Public Works officials to see if this would be possible with City labor doing the welding job. ITEM NO. 4 - OVERHEAD DOORS ON AKIN PAVILLION - John Morgan asked that items 4 and 5 be postponed until later in the meeting when City Manager Gus Pappas could be at the meeting. Curtis Hale asked if it would be safe to store equipment this winter when the overhead doors are bricked • • • in. It was explained that the overhead doors had presented problems with security in the past and it had been determined that the doors needed to be taken down and the openings bricked in. This would afford more security for the equipment stored inside the building. The question was asked what was the value of the equipment stored inside the building during the off-seasons. John Morgan said about $10,000 each for football and baseball . In answer to the question "does the WSA have insurance to cover the equipment" , Mr. Morgan replied they have $10,000 of coverage. Curtis Hale asked how much it would cost to get an additional $10,000 worth of coverage. ITEM NO. 5 - SPRINKLER SYSTEM FOR OTHER 2 FIELDS - Mr. Morgan stated that two of the four fields have sprinkler systems and that the other two fields are stubbed out and have meters. Derek Ammerman advised that Trent Thomason and some others are donating their time and materials to get the fourth field ready for league play. They want to dedicate this field in August to Rudy Rowell . They plan to hydro- mulch this field and need to have water available. ITEM NO. 6 - CITIZEN PARTICIPATION - With no citizens in the audience, further discussion by the board ensued. John Morgan advised that an adult softball league will begin in August. Dale Story will head up the adult softball league and play will be on Monday and Tuesday nights. Derek Ammerman noted that there is a good deal of money to made from adult softball leagues, $275.00 per team. It was also noted that a tree needs to be moved at the 1st base dugout on the fourth baseball field. Discussion was held on the need for a telephone or radio at the park. Mr. Morgan said that he had spoken to the City Manager about this matter. Did not know what the status was with GTE. It was determined that a radio would perhaps serve the purpose just as well or perhaps better since it would not be a target for vandalism. Morris Love asked if it were possible to pickup a radio at the Police Station and taken to the snack bar during league play and returned at the close of the evening' s play. Jayne Chapman asked if we could find out if the telephone company does public service installations such as the light company does. John Morgan asked if we could put some Round-up in the playgrounds to kill the weeds. Representative of the Public Works department said that Mr . Windham, former Public Works director had advised that the Round-up might be dangerous to children and recommended against it . Morris Love asked about the lockable signs for the baseball fields. John Morgan responded that the signs have been received but will not lock. The City is working on getting that problem taken care of . • John Morgan stated that he would like for plans to be made for a workshop meeting to set long range goals for the parks program. Mayor Don Hughes attended the meeting at the close of the special Council meeting and asked if the Parks Board would like to have an appreciation dinner for Mrs. Tibbals. Jayne Chapman made a motion that Peggy Sewell be put in charge of organizing an appreciation dinner to honor Mr. Retha Tibbals. Motion carried. Mayor Hughes said that Mrs. Sewell could work with the City Manager and Barbara LeCocq in working out the details. ITEM NO. 7 - ADJOURNMENT - With no more business or discussion, Chairman Ammerman asked for a motion to adjourn. Curtis Hale made the motion, seconded by Jayne Chapman. Meeting adjourned by Chairman Ammerman. Derek Ammerman, Chairman Parks & Recreation Board Respectfully submitted: Barbara LeCocq, Secretary //,5 MINUTES PLANNING & ZONING COMMISSION THURSDAY, JULY 3, 1986 The Planning and Zoning Commission for the City of Wylie, Texas met in regular session on July 3, 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 }K:.ent Crane, Vice-Chairman Brian Chaney, Ben Scholz , Bill Chapman , Fred Ouellette, and Ken Mauk. J. F. Hall was absent. 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 said that J.F. Hall 's name needed to be corrected in Item No. 1 of the minutes of the June 26, 1986 meeting. Vice-Chairman Brian Chaney then made a motion to accept the minutes with this correction. Ken Mauk seconded the motion. Motion carried 5-0. ITEM NO. 2 - PRESENTATION BY CURTIS CAPELLE OF RUSTIC OAKS - Mr . Capelle was representing a group of homeowners in Rustic Oaks who feel that the development just south of the single- family residential area of Rustic Oaks was misrepresented to them at the time that they bought their property. They feel that the salespeople deliberately led them to believe that the area now zoned MF was to be single family with a "greenbelt" to the railroad tracks. They requested that this area now zoned for MF be changed, by the City , to reflect the zoning they believed to be in effect when they bought their property. Mr. Capelle presented the Planning & Zoning Commission with a petition signed by about 94% of the residents in the Rustic Oaks Subdivision. He stated that the residents of Rustic Oaks feel that the MF zoning would be detrimental both to the City of Wylie and to their subdivision for the following reasons: 1 . The streets are inadequate to support the increased flow of traffic. 2. The City of Wylie 's tax base would diminish due to the fact that the homeowners property value would diminish or at best would stay the same instead of escalate. 3. There would be an increase in the crime rate. 4. The schools are inadequate and cannot support the increased number of children. Chairman Kent Crane stated that 3 years ago the Planning &. Zoning Commission dealt with this area, our responsibility to the citizens begins when this is all wheat fields. We use buffers to protect certain zonings. In this case we have used 1 row of SF , 1 row of 2F (duplex ) and a thoroughfare as a buffer. City Manager Gus Pappas said that the City of Wylie would be in serious legal jeopardy if they attempt to rezone this piece of property to SF use. The term is "Down Zoning" and the property owner would be entitled to treble punitive damages because he has gone through all of the proper legal channels to secure his zoning. I can find no avenue where the City can change this. Chairman Kent Crane said that the Planning & Zoning Commission had worked and debated for a long time on this when they zoned it and that they did not want SF by the railroad tracks or SF by an industrial use. They were even concerned about having apartments by the railroad tracks but this is what they came up with and I am comfortable with it. Mr. Capelle said that the homeowners of Rustic Oaks is only asking that a public hearing be held on this to re-zone it. City Manager Gus Pappas stated that if 1000 people showed up at a public hearing to re-zone this, it wouldn 't matter. The effect of re-zoning this would cost each one of us an increase in our taxes to pay for the lawsuit . Chairman Kent Crane said that we are sympathetic but we have a set of guidelines that we must follow and people have to live in apartments. Their is nothing we can do. Bill Chapman made a motion to leave the zoning as it is. Vice-Chairman Brian Chaney seconded the motion. Motion carried 6-0. ITEM NO. 3 - PUBLIC HEARING ON ZONING OF 10 ACRES ON SH78 - This property is described as 10. 4996 acres out of the Francisco de la F'ina Survey, Collin County Abstract 688 and is located on E. SH78 in front of Wylie Ranch East. The petitioner is asking for B1 zoning. The staff has reviewed the request and recommends approval . Chairman Kent Crane opened the public hearing. Their being no questions or opposition the public hearing was closed and brought before the board for discussion. Vice-Chairman Brian Chaney asked City Manager Gus Pappas if their was any way to force the builder to put in some retail zoning since this was such a large area for B1? City Manager Gus Pappas replied that you will probably have a mixture anyway because at some later date someone would want to increase the zoning. A representative of the property responded that he had spoken with some fast food chaines and they did not want any outside sales in the area. Fred Ouellette said that he would rather zone the tract retail and at a later date if someone wanted B1 then we could decide at that time. Chairman Kent Crane said that if someone goes in with retail and later we zone back: to B1 we would be stripping the retail of their protection. He felt that this should be zoned with the thought that this is how it will always be. City Manager Gus Pappas stated that the reason to differentiate between B1 and retail is so that when you have a residential area you can restrict business to a small compact use such as retail . However , along a highway your restrictive use is not zoning B2. Ben Scholz made a motion to accept the B1 zoning. Bill Chapman seconded the motion. Motion carried 5-1 . ITEM NO. 4 - PUBLIC HEARING ON RE-ZONING OF "THE MEADOWS" - This property is located at the triangle formed by S. Ballard , Stone Road and S. Birmingham. It is currently designated as 2F (duplex ) . The petitioner is requesting re- zoning to PD (planned development) and is submitting a plat with this proposal as required by our Subdivision ordinance. It is his desire to build zero lot line houses on this tract. City Manager Gus Pappas commented that the request is to consider changing from the existing duplex to a planned development. This is the first step and it is the concept plan. You may discuss the concept in greater detail than an ordinary plat . You will see a planned development come before you twice as opposed to three times for a regular plat. • Chairman Kent Crane opened the public hearing. Mr. Michael Cummings the Proiect Engineer came forward to represent Bobby Rhone the owner of the property. He said that they are only asking to change the type of unit , instead of duplexes they want to build single family, zero lot line garden homes. He went on to say that the interest in duplexes has been small and that these would look like regular houses with rear entry garages. He wants to meet all of the building code requirements for duplexes except that these houses would be 10 feet apart instead of 12 feet for duplexes. • Mr. Gary Roddy , owner of the property 500 ft. South of the property now zoned 2F said that he was opposed to having 900 sq. ft. houses so close to his property which is zoned SF2. He said that he had no objection to zero lot line houses if the size of the home is more compatible to the surrounding zoning. Chairman Kent Crane closed the public hearing and brought it before the board for discussion. Mr . Roy Faires said that some things to consider were off street parking , fencing , and fire protection. City Manager Gus Pappas said that some other things to consider were asking the developer to indicate that he intends to comply with the building codes in the Sub-division Regulations, request the builder to specify on the concept plant that on the zero lot line side of the house their will be no windows or doors, ask the builder to define how the homeowners will fence their property, and request that the builder be required , at all times, to display a sign on the premises stating that these are zero lot line homes. Also, you should consider tonight either ending this and the developer can go ahead and build his duplexes or tell the proposed developer what you want to see changed and approve or deny the request based on these changes. Mr . Cummings stated that they would meet the building codes in the Sub-division Regulations, their would be no windows or doors on the zero lot line side of the homes , they would be agreeable to 1200 sq. ft. housing and to fencing the lots. Chairman Kent Crane said that this would open a door to some more affordable housing in an owner type situation. The other options are apartments, mobile home parks and duplexes. This will no longer be a rental neighborhood it will be an owner occupied neighborhood. Mr. Roddy stated that he would withdraw his opposition if the builder would build 1200 sq. ft houses. Vice-Chairman Brian Chaney made a motion to accept the PD zoning with the following 10 changes. 1 . The builder would meet a 10 ft. minimum requirement between houses. 2. Each house will have a minimum of 1200 sq. ft. living space. 3. The homes are not attached and will be built uniformly with one wall on a lot line. 4. The builder will be required to fence each property with a b ft. wood fence prior to issuing a certificate of occupancy. 7 5. The builder will meet the building code requirements for SF3 housing. 6. There will be no windows or doors on the zero lot line side of the houses. 7. The builder will be required to clearly display a sign , at all times, stating that these are zero lot line homes. S. Each house will have a rear entry, two car garage. 9. The builder will be required to install guttering on the zero lot line side of each house. 10. The builder will be required to landscape Meadow Court with a tin. caliber Live Oak Tree and sod. Bill Chapman seconded the motion. Motion carried 5-1 . ITEM NO. 5 - ADJOURN - Vice-Chairman; Brian Chaney made a motion to adjourn. Bill Chapman seconded the motion. Motion carried 6-0. Kent Crane, Chairman Planning & Zoning Commission Respectfully Submitted: ,j4M4/ Maples, Sec etary ii 11 y s, 11 ORDINANCE NO. i fil i s .. • AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF I WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE • .- • __ CIECII E JLTIPUL SURVEY, ABSTRACT NO. 4.140 ____A$ , UPON PETTION OF jg,Lyiji L_DEELANEY -� WHEREAS. -- lie.ly ill ji._Ilelauax. has filed a written petition to annex to the City of Wylie, Collin County, ^- Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the w „ t Jy Council , and it been decided that such annexation of :h tract of land would be to the best interest of the puolic and of the said City of Wylie, Texas, and that such oetiton for annexation should be, and the same is now g lnted; now therefore, - IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: at the following described tract of land, described by -� metes and bounds as follows, to-wit: x: - 10.4996 Acres out of the Francisco de la Pine Survey and being t• the same as Lots 1, 2, 3, 4, and 5 in the Wylie Ranch East Commerical Park, an Addition to Collin County, Texas, according to . the map thereof, recorded in Volume C, Page 8 of the Map Records '7`4 of Collin County, Texas. { .„ �t r . ., ti?\- . Y t' •ri .:f~ ORDINANCE NO. CONT' D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE ___a __ DAY Of jjwy 198_6 . Don Hughes, Mayor ATTEST: Carolyn Jones, City Secretary l PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS : Now copes 0;10 iW•Jett// of the County of Co MO 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 corporations who are owners of the following described tract of land which is within the City Limits of the City of Wylie, in Collin County , Texas , and described as follows: sae, x n Cx PETITION FOR ZONING CONT'D. PAGE 2 Said /?eI0N /i f 'J4A)F yy represents that he and all othgr owners desire die zoning to be changed from Ayr;cv l4-vye to t 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 , 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 I f day of Y}1 i4 Y , 198 6, 7/ZL., /.. /4 / Signa ure 11 1vw bet4ve‘.i Please Print Name t8cx SaC) Street address or Box No . Oity Texas Zip a14 -44 . - Telephone THE STATE OF TEXAS: COUNTY OF COLLIN : Before me , the undersigned Notary Public on this day personally appeared 7Y1Vn 14. &e , known to me to be the person whose name is subscribe'% 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 iS day of "r(l.Q,... , 19 8 6 . J Notary CAtil �Elic , Colli County , Texas • • • v. ' , STAT E ,.. , , • H . '..4.... • • ' . . NO. .4 4 - e'e-- 4 , 4 '•i. ':.:.kk''4I".'k4'.2':4'''' '''4'.'4"'l' :Ili ' '%AV.'... •••'. II ,I'7 ..:•r`",,,,M '. „.. • '".... I 29 5 4 i 17 611 1005'650. r 177 2 5 _:.....L.__170 05 . • 170.40 —.........—, —.---- i6 T f'191.. EqVIT',\. \ .., VOL 516,PII.4 26 3 V OL 518,1'7;1 64 .... —.. 75 El L .5 .v..1TER LINE FT TCT) E4iT EOHN WATER il.il-LY 44\ '.0 L I T1E19 P1 424 \ ile \ . . , A \ \ \ \ ! , I \ , \ 1 1 , \\ 1 i ,, ! \ ‘ • ',. 1 I 0.4 996 C. \ in cr • . \ \ \ \ . \\ 11 '4 1 11 Z 11 4 I r 1 3 0 r I 4 r- N ri Jr ! 5 cr cr) 6 ' 'V c-N \...) cl- \ \ I I 1 \ \ I • I 1 I 1 1 , i • 6.10 -. v 'At ! . 1 I ' i_____ ! 863 2 7. i . f — —71-1,--r",..----"' I ,'7'3) '7 :-. I . a— ____I______ —p-- 12 - L 11 W Orli. E''.MT 1 ‘,.. WYLIE RANCH EAST. r'4.1 SE )NE • nrCCR 1 PTTf•, .; 1 , ? b ?nri rl ie Ranch East r•,..,,.,�.r 1 ;` , t1 - • ' ',nil in County, nv•�<; �r ••,,..1 i .,i. • n ' ' ,- - 'r -”of , recorded in 'o i'I^+.• r•, ,. A si ! He .•..,'- of Collin r ,l.-.. . A - r- ifV that this 'nv directior r; ,• tht• f:+c's 111 corners _.rt.r,l , . .', • Ci. cjhle , r - , , . • 1I.1n shown and t ,j •Irrent Texas - - Srecificatior ( , rp, • - '!Irvcc. This nt , lieer. l tle T. , .hf• sIh iect t,--„r,.. , to _i ',, =ter •,rantee , and the r . `^ ihle to any r,l I.,,r• . . 1• . - —�~ — - • J .i f•E, , , h .. _ , .c Surveyor • !N Vn. �ni1? rc* _ igarrilra ra LAND TITLE SURVEY LOT SURVEY WYLIE RANCH EAST COMMEPC'AL PARK,LOTS I - 5 w leg 100. COLLIIN COUNTY. TEX s e->te-e5 piodecy wrwr w 0.B. TREINIFIR NOTES S B. L.S. a ASSOCIATES , I NC. 304 W. Rusk P. O. Box 65 ROCKWALL, TEXAS 75087 (214) 722-3036 226-7522 a - ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which i s on application of jjg1Y�S1B� Delaae.y_ 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: Business One f_B-1) Said property being described as follows: 10.4996 Acres out of the Francisco de la Pina Survey and being the same as Lots 1, 2,3,4, and 5 in the Wylie Ranch East Commerical Park, an Addition to Collin County, Texas, according to the map thereof, recorded in Volume C, Page 8 of the Map Records of Collin County, Texas. 7 ..r.+ �• •+-�i �. ' ;v / y V. •. 1 t ;;yy� ••1 - ). ••4, r � ' y '4 ,• .+ i .•y n� 1 rA • •; i' "1 )' � t,� •1,, , •Y. '� 4� ,`., .r 1� 0 .t I4 1i43: 1 ♦ i r4n't•w.11' �.Lt ' ' '1, • ",- ''. ..- `s d r' 6t ....-.'.:�_ - ,..�.�...0 F .._.__Aa.- .i�411•��:Vi...•,.InI" 1.�1/"'b'{'i.7..�J���4.F�.Yl1� M� �. ..J:t. V. ♦ �I � -i.. \r11A�441A'i • • .f..r4� 1� r.1.Q•'i4. y •r,i • .. 44 `,,r x' .11 * - 'M .,,: �4-144•r ,r.'c .1 ' .', 4t• rb • 'ii.. A. .V ' i i 'wtr '' .y. - 1-'� Pr .C4.1 I, i t,, { ,,I �� 4'•k'/, .x ,,, � r . t. ' ! xf = R• r YtJ **OM'''. � W - 4 ;1;1 ,'+�, •q, r .t��'T, . .1 r . , 'I 0, I. '' .+• E9�,1�• I 11LM Isle * 6� t1�•71*0 ��.� lie. 1,� � IF'r • r 26 T.PSL.ESMT. -', \ • J s 3$6,P11426 S VOL 516,PS.BM 75 6l ~ OA 170 r" WATER LINE ESMT TO EAST FORK WATER SUPPLY- J VOL 1069,PO 424 WA \\ -\\ . ‘ \ . I0.4996 AC. uo I 2 3 4 6 6 • IT .. \ 2 radio AC 2 COO .1C 2 I.•)O AC 2 0•.X` .1C 2 OO) .1C Cr) • " \ .) t to- Cr ork "� I 81 ,W r a \Uki C..11\ \ I16.11 I,-I t. E:,'A i , ___— 1 86'3 2 7 - — — E. j__, — — — 1 ,l 10 UTIL ESM --T— /14 I r Kit" . ' • WYLIE NANCM EA3T, PRASE ONE ",t. r 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 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 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 22nd day of Jul 198 6 . _ Don Hughes, Mayor ATTEST: Carolyn Jones, City Secretary • • PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS Now comes BQbby Roan. far F&R Investments of the County of _Alas 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 coprorati ons 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: #84017 Aor1124. 1986 PROPERTY DESCRIPTION BEING a part of the "The Meadows of Wylie", an addition to the City of Wylie, Texas, in the Allen Atterberry Survey, Abstract No. 23, situated In the City of Wylie, Collin County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the East right-of-way line of Birmingham Street (50.0 feet wide)with the South right-of-way line of East Stone Street(30.0 feet from centerline); THENCE South 89'39'21" East, 505.0 feet; THENCE South O'20'39"West, 274.0 feet; THENCE South 48'10'45" East, 127.12 feet to a point on the Northwest right-of-way line of Ballard Street (60.0 feet wide); THENCE South 41'49'15" West along the Northwest right-of-way line of Ballard Street, 668.49 feet to the beginning of a curve to the left; THENCE Southwesterly, continuing along the Northwest right-of-way line of Ballard Street, along said curve to the left having a central angle of I O'03'26", a radius of 869.40 feet and a tangent of 76.50 feet,an arc distance of 152.61 feet; THENCE North 58'14'1 1" West along the corner clip between the Northwest right-of-way line of Ballard Street and the East right-of-way line of Birmingham Street, 69.81 feet to a point on the East right-of-way line of Birmingham Street; THENCE North 0'06'10" West along the East right-of-way line of Birmingham Street 945.27 feet to the PLACE OF BEGINNING,and containing 8.7977 acres of land, more or less. Date )L4j.x, —21- George G. Pewitt Registered Public Surveyor �QtE. OF. TF+q GEORGE G. PEWITT a. 4171 :Q. \VG6 fcr$7fpy� t! ., PETITION FOR ZONING CONT' D. PAGE Said Bobb1 Roar► represents that he and all other owners desire the zoning to be changed from 2F to PD in accordance with the current Zoning Ordinance and making said coning subject to the appropri ate laws, rules, and regulations of said City relating to that classification of zoning. Your petitioner, therefore, respectful ) prays that the land above described bne zoned by the said City of Wylie, Texas, as provided by Article 974 (g ) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the eS day of April . 199_6 __ __4444_2g01T- Si gnatur-e Bobby Roan Please Print Name _- P.O. Box 44 Street address or Box No. _Howlett 75088 City Texas Zip -2I/44 475- 4IQ4 Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally. appeared Bobby Ram known to me to be the person who name is subscribed to the foregoing instrument., and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under my hand and seal of office this the _A5 __day of __ 1 . 1986_. Not jy P'ubl i c, libl l i n County, Teas _ cam•••.• f � � ' =� i,• G ;� M I ; i E. 3TONE 11 3Tf E6T -- ;o soo i ..• ro.o ; /If.o :Ti .Z0 o s Woe ts'R.L. • I • P'Q•L. p O O — - - 1 AI o Or �p o 11. w • f,40 its ' I ' fb "1 . ` © , *• 11. 6 .• 4 I% % .1 29 • i f � ail.ID 40.0 40.0 b�w. ' , • b _ v .�+1 ,� 11 ti �P •f.4• sc.%i I / G044 ac . 4. ir) s ®It `1:, B 1 ' 4 V •% Z7 ' fX/57. ;ea titn v / N • / ,s-b;lc �2 �s ® h xi ,too .. Z �--�t2 a, j;' b 9 / t . 4 / ..i v's^ �_— . .e. S7C'.c;� ti j S6oss c / AP s' ''sue moo: �1.41� * �ir� F 14 �' • r-At • / • c' / • 4 / • i N ' 's M,E N © S o '1,�. '4 il�0A o wr / '.Pe s�'as 0ti� 0 I� jO- /' / 0. ie. ,.cc� �Nf .�0 �4'0 �o �1 ) ` n,j - Zj o• �1 \i2 / 1 < Ticfsl'r .i 0 S .'n ® 1 s I ,``� 0 +n 1 as \�l6 . \:'t,4 �,4 Z� s� 1g' •/ \ jQ ' +� GIB Jt. i7 t4� 4 . s "J b ) .5.5- ,,0'<\\N„,..... d 3.74 3` vo T `04 , - h J •-i. • / ZO (i).0 t o. ° -- I 1 3C / �Is� ti � ;?- qi, by 'IL 57 e / 3 . b• :-° • V tG/a r/j3 s G7.8J V 0 3 10 (V e / , w ! 40 • /i O OUR® : ti 1 MI.s7 :;" - 'i o - 3 d .*� • / h p I aJh Ilk uco_ ,�1' tty • 4, g, �/�1' V C ✓-4P► / d=4/'t6 t,��s2 / i O0 R= 75.G �O� e1 • 1h 4 ,s t? / AV Y1 r= 2B•4, • NIO 1 4 ! i G{ 5d.2' o-',f, oA, Ay C✓. xt 4= W. "v 4/4'0 t, -,oa,, ./ 0 1 R. 4a0 ti. • • J t : �o. , ��.so%. e / /4>7 CV. *5 d = /Bo R- SDG. :ya It*J i . -1 s- IP' '' b C. = 159.06 ss .j ' w • 1.0' S46)�Qi • / - , 71-- 6. 50 ,Q : 25-0 ii, ,' �' •� , L-152.6/ 7 = //./B I = 2/Oj / I ` , „r wovse uovse �� 1 LOc4TION et4 P "A41 • "LANA/EO DEVELOPMENT : "O"LOT L/NE 54 LOTS 8.7917 ACRES M/N/M!/M JV/OT// — ¢Q.O ' M/N/M[/M GEPTi! — //0-0' M/N/M1M AREA •... 4coo 5.f; &'/LO/N6 4/NES As sf/Dw,V ,%Mt'MUM BL/L D/N6 4'E/607" 30' 60/Lo/Mcs ro a 75•. M1544'er M/N/M/M Awe sine — 900 $.f !?" MOOSE ,o' NOvsF � 1 o r e v o v v So. so" TYPICAL OEVEL OPMENT Pt N 8. 7977 P'41=VS60 "PD" PART oP THE ME:4000/5 WYL /E 4 L L EN .477'Ee.t3E".PRY 5U.PVEY, 4E5T.P'Cr 4b. '3 W!'G/E , TE4'.4$ MAY, /SSG scAzE: /AO' ..'08 .✓0 a40/7 GWVELOPER: Su,PdErO,Q ,,' c ,WVE5:06 tiT5 CU/MM/A►6$f/ '/7T, /ivl. P.O. BOX 44 /eaD Exec-407w aq- Essr ROit/L ETT, re.. 75c88 S!//TE //S 43ce5/.v4P0.eDN 7r 7"4 / 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; FROVIDING A SEVERABILITY CLAUSE; PROVIDING 4ALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO TEED THE SUM OF TWO HUNDRED ($200.00) FOR EACH =NSE; AND DECLARING AN EFFECTIVE DATE. WHEr.:_A the City Zoning Commission and the City Council of the Ci- of Wylie. Texas, in compliance with the laws of the State c Texas with reference to the granting of zoning changer rider the zoning ordinance and zoning map, have given Ji si to notices by publication and otherwise, and after ding due hearings and affording a full and fair hearir o all property owners generally, the said Governing Body Jf the opinion that the said change of zoning which is on pl i cati on of ____DQ12 Rgan__2_&.Ajnvestments -- should be gr :ed and the Comprehensive Zoning Ordinance of the City Wylie should be amended in the exercise of its legit tive 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: Planned Dgvglguwgut. Said property being described as follows: see attached L I no. a►t . • PROPERTY DESCR); BEING a pert of the "The Maedows of Wylie",an additia City of Wylie,Texas, in the Allen Attarberry Survey, Abstract No. 23, siiueted In the t Kylie. Collin County. Texas, end being more perticularty described as follows BEGINNING at the intersection of the East right-of-we if Birmingham Street (50.0 feet wide)with the South right-of-way line of East Stone St ).0 feet from centerline); THENCE South 89'39'21" East,505.0 feet; THENCE South 0'20'39"West, 274.0 feet; THENCE South 48'10'45" East, 127.12 feet to a point Northwest right-of-way line of Ballard Street(60.0 feet wide); THENCE South 41'49'15" West along the Northwest ;f-way line of Ballard Street, 668.49 feet to the beginning of a curve to the left; THENCE Southwesterly, continuing along the Northwes' of-way line of Ballard Street, along said curve to the left having a central angle of 10' - , a radius of 869.40 feet and a tangent of 76.50 feet,an arc distance of 152.61 feet; THENCE North 58'14'I I"West along the corner clip be ee: e Northwest right-of-way line of Ballard Street and the East right-of-way line of Birm .ghE Street, 69.81 feet to a point on the East right-of-way line of Birmingham Street; THENCE North 0'06'10" West along the East right-of-* -y li of Birmingham Street 945.27 feet to the PLACE OF BEGINNING,and containing 8.7977 a.--es c end,more or less. Date 1 -2�- 86 �_.� P. _/ �-�� George G. P ew tt Registered Dubli )urveyor \ GEORGE G. PEWITT a.. 4171 :Q Gam.•f•�s,c �°•: ` .•SUR� • • • •• - • . , h v//♦ r "► _ ._ _ , ..� So' L __ ......•••••� ' _._._ _ _... _ - _. ... _....,_ .._ . 4 .r» .s. . ___________J suF '41 "' 06 Lo t!' 4M °� ,' ' P1 v,�y Z5 /;' T / :•:Sim A 04 ,�;s. o• 4.• : T#*P °y y Cy ea- �/' ��: : : T ZIl.s� ILI 1 • 1 .. * , . £' .8-= eAty„. ,,, .9: -.. ,7,-, i,.?„' \ 1,11% 40 1•S • , r'b 0 ti ;' : I 44 !4 • % . �'br'' ••, �q do ‘4 46'0 A \% a.,f..• ; ram5.�+ RI.: N.! /o• 4411 O { 4 %9. $C•. '� t 'los► ,`� ao !'-- Q N o'lQ ! .. .__•--. -... citit i Ilk • ` S << r5c- • \ '" �' �. •°4.o wN 1r� ,'i y .4.1....{ ~i . is• o. O r • \ ``• O o o `• « c< • �� 4� v ,141 H A � • NI ". M 04: r" g .4 t se, 4,,, n r/ • /� l r 445 . ti • /. \ r I Cc"' '*, Ns.114_ 2.''• ikus .., - 1 ill hl N ,C �s.arrc,sr o.�ii,�r�vl► • '1 S .ems ��\ N�`%f •V� y� N' /. Aw I 41 i o • •a y I 0I' 1` ` N.\`\ a fie. `\ M O. V+ Pe '44::::%%%„,„%%oNieii;c_ieaii.._.........„<,„, -"--... ........... \jib \air 4.0.-. ...„„_< r, • a a M .1 ,,, y N 11 4 11 k w\ ws. b \w ti `: * k h N1 .1 i I Loc, T1O14 MA At Ka fiZA/v,NEO O6VELOPM(A/T : ' "LGT _:/NE 5G LOTS 8. 1S17 A?2E$ M/N/MUM yV/OT// — 4.0.01 M/Nns z/#0 G ,77, //O.D' M/N/MIJM adIRE4 -•- 4G9O 5!,//L 0/N6 L/NES AS S /ONW All 1or Ml/M elat O/N6 //E/ I/T 30' ea/49i s To 45e 75X MAS�Aei M/t//M!/M NO!/5( 5/it - 900 o ,0 worse ,o; Amuse i 1 v 1. p O v 10 . TYPICAL OOL/EL OiaitiENT f'L AN 8, 7977 PA'OPS64 "PO'' PART OP THE A/1 001/V5 OA. I4'YL /E .DLL EN 477EeBERRY 5U.PVEY 4.B5T. '4Cr 4& 23 1 /r4 /E , TEAPA.5 MAY, /SBG SGILE: /1 /Ac` .IOB h49. 84O/7 LLVYEIOPER: 5041•5 -DR : fiy,c iNNESi Mtrti7s CcMM/46 S /V/TT /AfC. PO. BOX 44 /ZOD EXECu7/ri af EIST RooMETT, TX 76088 Sear, //f 1„;_9 . SECTION 2. That all ordinances of a City in conflict with the provisions of this ordinance be and the same are hereby, repealed and all other ordis nces of the City not in conflict with the provisions of thi ordinance shall remain in full force and effect. SECTION 3. That the above describes property shall be used only in the manner and for the purpc es provided for in the Comprehensive Zoning Ordinance of tt City as amended herein by the granting of this zoning class fication. SECTION 4. That should any paragrap , sentence, subdivision, clause, phrase or secti - of this ordinance be adjudged or held to be unconstitutic al , illegal or invlaid, the same shall not affect the validi y of this ordinance as a whole or any part or provision the aof other than the part so decided to be invalid, illegal or anconsti tuti onal and shall not affect the validity of the :omprehensi ve Zoning Ordinance as a whole. SECTION 5. That any person, firm or :orporation violating any of the provisions or terms of th2s ordinance shall be subject to the same penalty as provicad 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 viola:ion 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 n ___ day of ____July. 198_ 6 . Don Hughes, Mayor ATTEST: Carolyn Jones, City Secretary .d PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY. TEXAS: comes ] c_c bich, — ? a06 d716. of the County of and the State of Texas, and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporations who are owners of the following described tract of land which is within the City Limits of the City of Wylie, in Collin County, Texas, and described as follows: CC r,-p v'cJ) PETITION FOR ZONING CONT' D. PAGE Sai cr-41,. }L LT represents that he and all oticifr oviners desire the zoning to be changed from to -_J 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, Texas, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness ;: hand of this petition er this the day of k„_ A __ i' . (Azf,,C diu.y HiAvr Signature 00,40sivE 3Tiri.' N _.340, �EiFE.GtT Please Print Name 3100 AZ 4L TY AP. Street address or E;cx No. PA 445J 7,,e 7�23 y City Texas Zip 2iy/Zy3 - oyes 7 Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Bef ore me, the and signed Notary P9bb�l i�cL .9�n this day personally appeared' eta_ '4 -�0, ;' .. ,awn to me to be the person whose ame is tbscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Gi under my hand and seal o/ of f i ce this the 1_6. �r day of , 19940 . itir / .-,''` if s* ��Qa �Sbeeatis� N■tary Public, Col in Cou ,ty, Texas NotaMe 6;j caumi:sim Expires s,,,.a,�4., ce_j/_try S: 1 . No improvements shown:- 2. City of Wylie shows 50' R.0.3 . for Kirby Street , but there is no dedication of record. s. c, . 7`�. Set 1.R. . ` ,s_, Vi 4 �e imp., O,` 1"---2. r Scale:li, \., vs . . 67 -'3' 19, .. •,..0 ,.; . goz46 �1� 0. 3241 Acre • Fd. I. 41 '?" �h 14117SqFt. /7/Z c., • Set LR. • Set I.R --T 0'hd. Te(e. Line 1111111111W • T Point of Beginning 3�, Set I.R, • N87°55'40"W 156.22' 11wc •iIiy , Street Set l.R. SURVEY PLAT October 3, 1985 This is to certify that I have this day made a careful and accurate survey of the following described property: SITUATED in the City of Wylie, Collin County. Texas, in the S. B. Shelby Survey, Abstract No. 820 and the E. C. Davidson Survey, Abstract No. 267. and being a resurvey of a called 0.324 Acre traot of land described in a deed from Nadyne M. Ticer to Roadside- Stations, Inc . as recorded in Volume 1927,. . Page 423 of the Collin County Deed Records, and being more particularly described as follows: BEGINNING at a 1/2" iron rod set at the intersection of the Southeast line of State Highway No. 78 (120' R.O.W. ) with the centerline of Kirby Street ; THENCE N52'16'00"E, along the Southeast line of State Highway No. 78 and the Northwest line of the said called 0.324 Acre tract , at 31 .07 feet a 1/2" iron rod set in the North line of Kirby Street, in all on this line 201 .07 feet to a 1/2" iron rod set at the most Northerly Northeast corner thereof, said point also being the Southwest corner of a tract of land described in a deed to McDaniel Enterprises, Inc . as recorded in Volume 965, Page 495 of the Collin County Deed Records; ),(.\ THENCE S37'44'00"E. 100.25 feet along the Southwest line of the said McDaniel Enterprises, Inc. tract and the Northeast line of the said called 0.324 Acre tract to a 1/2" iron rod found at the most Easterly Northeast corner thereof; THENCE S52'26'09"W along the Southeast line of the said called 0.324 Acre tract , at 49.81 feet a 5/8" irrn rod found in the North line of Kirby Street , in all on this line 81 .06 feet to a 1/2" iron rod set at the Southeast corner thereof, said point being in the centerline of Kirby Street ; THENCE N87'55'40"W, 156 .22 feet along the South line of the said called 0.324 Acre tract and the centerline of Kirby Street to the place of beginning and containing 0. 3241 Acre or 14, 117 Square feet of land. This plat is a true and correct representation of the property described hereon to the best of my professional knowledge and belief . There are no encroachments or protrusions except as shown. ___Ai &Ad- ROBERT W. CUMMINGS obert W. Cummings, Registers Public S veyor No. 4060 4060 ;Q. /C sON ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of Bilk Hunt_ Rom aide. Staljm_____ 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: Business Ong LB-11 Said property being described as follows: see attached T..�'..- SURVEY PLAT . October 3, 1985 This is to certify that I have this day made a careful and accurate survey of the following described property: • SITUATED in the City of Wylie, Collin County, Texas, in the S. B. .Shelby Survey, Abstract No. 820 and the E. C. Davidson Survey, Abstract No. 267, and being a resurvey of a called 0.324 Acre traot of land described in a deed from Nadyne M. Ticer .to Roadside'Stations, Inc. as recorded in Volume 1927,. . Page 423 of the Collin County Deed Records, and being more particularly described as follows: BEGINNING at a 1/2" iron rod set at the intersection of the Southeast line of State Highway No. 78 (120' R.O.N.) with the centerline of Kirby Street; • — THENCE N52'16'00"E. along the Southeast line of State Highway No. 78 and the Northwest line of the said called 0.324 Acre tract , at 31.07 feet a 1/2" iron rod set in the North line of Kirby Street, in all on this line 201.07 feet to a I/2" iron rod set at the most Northerly Northeast corner thereof, said point also being the Southwest corner of a tract of land described in a deed to McDaniel Enterprises. Inc. as recorded in Volume 965, Page 495 of the Collin County Deed Records; THENCE S37.44'00"E. 100.25 feet along the Southwest line of the said McDaniel Enterprises, Inc. tract and the Northeast line of the said called 0.324 Acre tract to a 1/2" iron rod found at the most Easterly Northeast corner thereof; THENCE 352'26'09"W along the Southeast line of the said called 0.324 Acre tract , at 49.81 feet a 5/8" irrn rod found in the North line of Kirby Street , in all on this line 81.06 feet to a 1/2" iron rod set 1 at the Southeast corner thereof, said point being in the centerline of Kirby Street ; . 1. THENCE N87'55'40"W, 156.22 feet along the South line of the said called 0.324 Acre tract and the centerline of Kirby Street to the place of beginning and containing 0.3241 Acre or 14, 117 Square feet i of land. • This plat is a true and correct representation of the property described hereon to the best of • my professional knowledge and belief. There are no encroachments or protrusions except as shown. • •. 4```Q�E i` r'.,:l , ede ...* _____c6,:c.mli____ I. , . V ,� ROBERT W. CUNNINGS obert W. Cummings. Registers , Public S veyor No. 4060 j 4060 o • . O ' <'I; SURD . T S: ' -..,,- 1 . No improvements shown:. • 2. City of Wylie shows 50' R.O.Wk . for Kirby Street . but there is no dedication of record. e\Cb . 4/./ . Vz . Set IR. /24Z,e . s v36.2 c . Soot k . . 4 ..-?k co) -o .. . . . _ . C it4; _106 ,...44 • Q ti�� .- 0.3241 Acre �`�//// ' 4, . 14,117 $�. Ft. 411 . . ., t .R. 0 rand. Tele. Line--' — • ;. "'T . Point of Beginning ,• �1; - IIIIIIIIIIIIMF • Set I.R. •• N8?55'40"W 156.22' irb Street_ Set I.R. 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 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 22nd day of July 198 6 . Don Hughes, Mayor ATTEST: Carolyn Jones, City Secretary MEMORANDUM DATE: June 20, 1986 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. ,F. E. , City Engineer ' SUBJECT: Lime Stabilization Specifications for Streets and Alleys. Since the Standard Construction Specifications have not beem completed because of the work load and because of the urgent need to obtain better control over the lime stabilizing construction for the City of Wylie streets and alleys, the attached Specifications for Lime Stabilization of Street and Alley Bases was prepared. The material has been reviewed by the Development Inspector and by the Street and Drainage Supervisor. It is our recommendation that the specification be approved by the City Council until such time as all of the North Central Texas Council of Governments Standard Specifications can be modified for use by the City of Wylie and recommended for adoption by the City Council . • CtiD• ORDINANCE NO. raw ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING HE SUB- DIVISION ORDINANCE BY ADDING A PARAGRAPH 6. 02B (4) AND CHANGING THE PERCENT OF LIME IN PARAGRAPHS 6. 02B ( 1 ) , (2) AND k ?) ; PROVIDING FOR A SEVERArs I:L_I T r" CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City of Wyl i e ' s Planning and Engineering Department , and the Public Works Department have determined that there is an immediate need to improve the construction of the lime stabilization of the base used in constructing Lhe concrete streets under the existing Sub-division ordinance; and WHEREAS, the use of a standard specification will provide the means of securing a more uniform construction and serviceability from the concrete streets produced in the City arid in the Extra Terratorial Jurisdiction; NOW, THEREFORE, be it ordained by the City Council of the City of Wylie, Texas, that: SECTION I - The City Council adopts the following as the standard specification for lime as a material and for the rr,fAnod of construction as paragraph 6. 02B (4) . '4. LIME STMDIL.IZATIUN AS A BASE FOR CONCRETE STREETS. a. LIME ( 1 ) General . This section deals with the material specifications for hydrated lime as it may be utilized for the stabilization of soils. Hydrated Lime (Ury) . Hydrated lime shall consist of a dry powder . This material is to consist essentially of calcium hydroxide. (b) Materials. When sampled and tested according to Texas SDH & PT Test Method Tex-600-J , hydrated lime shall conform to the following requirements as to chemical composition: Hydrate Alkalinity, percent by weight Ca (OH) 2 Min. 90. 07. Unhydrated lime content , percent by weight CaO Max . 5. 0% "Free Water " content , percent by weight H2O Max . 4. 0% The percent by weight of resi due retained shal 1 conform to the following requirments: Residue retained on a No. 6 (.3360 micron) sieve None Residue retained on a No. 10 (2000 micron) sieve Max . 1 . 07.. Residue retained on a No. 3C: (590 micron) sieve Max . 2. 5% • 1 2 (3) Hydrated Lime (Slurry) . Hydrated lime slurry shall be a pumpable suspension of solids in water. The solids portion of the mixture, when considered on the basis of "solids content , " shall consist: principally of hydrated lime of a quality and fineness sufficient to meet the following requirments as to chemical composition and residue. (a) Chemical Composition. The "solids content " of the lime slurry shall have a hydrate alkalinity Ca (OH) 2 of not 1 ess than 90 percent by weight.. (b) Residue. The percent by weight of residue retained in the "solid content " of lime slurry shall conform to the following requirements: Residue retained on a No. o (:360 micron) sieve None Resi due retained on a No. 10 (2000 micron) sieve Max . 1 . 0% Resi due retained on a No. 30 (590 micron) sieve Max . 2. 5% (4) Reiection. All materials which do not conform to the requirements of this specification shall be rejected. b. LIME TREATMENT ( 1 ) Description. This item shall consist of treating subgrade, subbase, and base courses by the pulverization , addition of lime, mixing and compacting the mixed material to the required density. This item applies to natural ground , embankment , existing pavement , base or subbase courses which shall be constructed as specified herein and in conformity with the typical section , lines and grades as shown on the plans. (2) Materials. (a) Base and Subbase Materials. ease and subbase materials shall meet the requirements shown on the plans or in the pertinent specifications. (b) Lime. The lime shall meet the requirements of Item a (2) or a (='.) , "Hydrated Lime, " for the type of lime specified. (c ) Commercial prepared lime slurry shall he accompanied with contents certified as to weight and composition , and furnished at the time of delivery along with the volume or weight. (3) Equipment. (a) Requirements. Machinery, tools and equipment necessary for proper performance of the work shall be on the 3 project and approved by the City prior to the beginning of construction operations. All machinery, tools and equipment necessary for proper performance of the work shall be maintained in a satisfactory and workmanlike: manner . ►b) Hydrated Lime. Hydrated lime shall be stored and handled in closed , weatherproof containers until immediately before distribution on the road. It storage bins are used , they shall be completely enclosed. Hydrated lime bags shall be stored in weatherproof buildings with adequate protection from ground dampness. (c) Trucks. If lime is furnished in trucks, each truck shall bear the weight of lime measured on certified scales; or the contractor shall place a set of standard platform truck scales or hopper scales at a location approved by the City. (d) Bags. If lime is furnished in bags, each bag shall bear the manufacture ' s certified weight . Bags varying more than five percent by weight may be reiected; and the average weight of the bags in any shipment , as shown by weighing 50 bags taken at random, shall not be less than the manufacturer 's certified weight. 4. Lonstruct i on Methods. (a) General . ft is a primary requirement of this specification to secure a completed course of treated matrial containing a uniform lime mixture, free from loose or segregated areas, or uniform density and moisture content . well bound for its full depth , and with a smooth surface and suitable for placing subsequent courses. It shall be the responsibility of the contractor to regul ate the sequence of his work , to use the proper amount of lime, maintain the work and rework the courses as necessary to meet the above requirements. Prior to beginning any lime treatment , the roadbed shall be constructed and shaped to conform to the typical sections, lines and grades as shown on the plans or as established by the City or the developer. t i ) Treatment for Materials in Place. Materials to be treated shall be excavated to the secondary grade (proposed bottom of lime treatment) and removed or windrowed to expose the secondary grade. Any wet or unstable material below the secondary grade shall be corrected by scarifying , adding lime and compacting until it is of uniform stability. The excavated material shall them be spread to the desired cross section. If the contractor elects to use a cutting or pulverizing machine that shall remove the subgrade material accurately to the secondary grade and to pulverize the • • 4 material at the same time, he shall not be required to expose the secondary grade or windrow the material . However , the contractor shall be required to roll the subgrade before using the pulverizing machine and correct any soft areas that this rolling may reveal . This method shall be permitted only where a machine is provided which shall insure that the material is cut uniformly to the proper depth and which has cutters that shall place the secondary grade to a smooth surface over the entire width of the cut. The machine shall be of such design that a visible indication is given at all times that the machine is cutting to the proper depth. ( ii ) Treatment for New Materials. The base and subbase materials, as provided in the governing specifications, shall be delivered placed and spread in the required amount per station. The material shall be manipulated as specified and thoroughly mixed prior to the addition of the lime. (b) Application. Lime shall be spread only on that area where the first mixing operation can be completed in the same working day. The application and mixing of lime with the materials shall be accomplished by the method hereinafter described as "slurry placing, " unless otherwise approved by the City. (i ) Dry Placing. The lime shall be spread by an approved screw type spreader box or by bag distribution at the rate shown on the plans. The lime shall be distributed at a uniform rate and in such a manner as to reduce scattering of lime by wind to a minimum. Lime shall not be applied when wind conditions (in the opinion of the City) are such that blowing lime becomes objectionable to traffic or adjacent property owners. A motor grader shall not be used to spread lime. The material shall be sprinkled until proper moisture content has been secured. Velocity of the spreader shall not exceed 10 miles per hour . All lime lost to wind shall be replaced to provide for the minimum content required. (ii ) Slurry Placing. Lime shall be mixed with water in trucks or approved distributors and applied as a thin water suspension or slurry. Commercial lime slurry, shall be applied with a lime percentage not less than that applicable for the grade used. The distribution of lime at the rate shown on the plans shall be attained by successive passes over a measured surface of roadway until the proper moisture and lime content have been secured. (C) Mixing. Mixing procedure shall be the same for "dry placing" or "slurry placing" as hereinafter described. (i ) Treatment for Materials in Place. Material and lime shall be thoroughly mixed by approved road mixers or other approved equipment , and the mixing continued until a • • cJLJ� 5 homogeneous, friable mixture of material and lime is obtained, tree from all clods or lumps. Materials containing plastic clay or other materials which shall not readily mix with lime shall be mixed as thoroughly as possible at the time of the lime application , brought to the proper moisture content , sealed with a pneumatic roller , and left to cure one to four days as required by the City. During the curing period , the material shall be kept moist. After the required curing time, the material shall be uniformly mixed by approved methods. If the soil binder- lime mixture contains clods, they shall be reduced in size by raking , blading , discinq , harrowing , scar-ifying or the use of other approved pulverization methods so that when all nonslakinc_; aggregates obtained on the No. 4 sieve are removed , the remainder of the material shall meet the following requirements when tested dry by laboratory sieves: Minimum passing 1-3/4 inch (45 mm) 100% Minimum passing No. 4 sieve 60% During the interval of time between application and mixing , hydrated lime that has been exposed to the open air for a period of six hours or more, or to excessive loss due washing or blowing, shall not be accepted for payment. ( ii ) `treatment for New Material . The base or subbase material , lime and required water shall be thoroughly mixed and blended by approved road mixers or other approved equipment , and the mixing continued until a homogeneous, friable mixture is obtained. When lime is placed as a slurry and mixed by the use of blades, the material shall be bladed as the limewater mixture is applied; and after the total amount has been placed , the mixture shall be thoroughly blended to the satisfaction of the owner . During the interval of time between application and mixing , hydrated lime that has been exposed to the open air for a period of six hours or more, or to excessive loss due to washing or blowing , shall not be accepted for payment. (di Compaction. Compaction of the mixture shall begin immediately after final mixing and in no case later than three calendar days after final mixing. The material shall be aerated or sprinkled as necessary to provide optimum moisture. Compaction shall begin at the bottom and shall continue until the entire depth of the mixture is uniformly compacted as shown on the plans or specified by the owner . The compacted mixture shall have a uniform density of not less than 95 percent of the maximum density as determined by Texas SDH & PT Test method Tex-1 13-E. After each section is completed , such tests as are necessary shall be made by the owner . If any portion fails to meet the density specified , 6 it shall be reworked as necessary to obtain specified density. Prior to final compaction of the lime treated subgrade, samples of the treated material shall be made at locations determined by the City and laboratory tests made to determine if the plasticity index of the treated material is 12 or under . If the treated material has a P. I . greater than 12 , additional lime shall be added and remixing and retesting will be required until the F. I . is 12 or under. (5) Finishing , Curing , and Preparation for Surface. After the mixture has been compacted , the surface shall be shaped to the required line, grades and cross sections; and then thoroughly rolled sufficiently light to prevent hair cracking. The completed section shall then be moist-cured for a minimum of seven days before further courses are added or ani traffic permitted, unless otherwise directed by the City. In cases where subgrade treatment or subbase sets up sufficiently to prevent objectionable damage from traffic , such layers may be opened to traffic two days after compaction as determined by the City Engineer . The surface of the compacted layer shall be kept moist until covered by other base or paving material or application of a curing seal of emulsified asphalt . If a curing seal is used , it should be applied as soon as possible after completion of final rolling , at a rate of between 0. 10 and 0. 20 gallons per square yard, the exact rate to be determined by the City. No equipment or traffic shall be permitted on lime treated material for 72 hours after curing seal is applied , unless otherwise permitted by the City. The lime treated subgrade may be moist cured until covered by other base or pavement up to fourteen ( 14) days after final compaction. After 14 days without covering an application of 0. 10 to 0. 20 gallons per square yard emulsified asphalt shall be applied at the contractor 's expense. Reapplication of emulsified asphalt may be required if lime treated subgrade is not covered within 72 hours after the first covering application. (6) Maintenance. The contractor shall be required to maintain the completed soil lime base within the limits of his contract , in good condition , satisfactory to the owner as to grade, crown and cross section until such time as the surface course is constructed. All irregularities or other defects that may occur shall be immediately repaired by the contractor at his own expense. Repairs are to be made as directed by the owner; and in a manner to insure restoration of a uniform surface and durability of the portion repaired. (7) Measurement and Payment . Lime treatment shall be measured for payment in square yards for the thickness shown on the plans for the surface area of completed and accepted work. The measurement for lime shall be by the ton of 2000 pounds dry weight. Lime treatment shall be paid for at the contract unit price per square yard , as provided in the 7 proposal and contract . The contract unit price shall be the total compensation for preparing the roadbed; for loosening , pulverizing, application of lime, water content in the slurry mixture and the mixing water; mixing, shaping , sprinkling , compacting finishing , curing and maintaining; for manipulations required; and for all labor , equipment , fuels, tools and incidentals necessary to complete the work , all in accordance with the plans and specifications. Lime material measured as provided in this item shall be paid for at the unit price bid for "lime material " which price shall be full compensation for furnishing the material ; for all freight involved; for all unloading , storing and hauling; and for all labor , equipment , fuels , tools and incidentals necessary to complete the work. S_ECTION _ II -- The City Council adopts the change from 6 percent to / percent as the minimum amount of lime to be used in the stabilization of the soil as required in paragraphs 6. 0Cb ( l ) , (2) and ( ) in the Sub-division Ordinance of the City of Wylie. SECTION III - It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences , clauses and phrases of this Ordinance are severable, and if any section , paragraph , sentence, clause of phrase of the Ordinance shall be declared unconstitutional or invalid , such unconstitutionality or invalidity shall not affect any other remaining section , paragraph , sentence, clause or phrase of this Ordinance. SECTION IV - This Ordinance shall become effective on June 1 , 1980. DIJL_Y PASSED AND APPROVED THIS _..___._.._.. DAY OF , 1986. _---._ Mayor ATTEST: Carolyn Jones, City Secretary R@R° BUR n X21II7 /1 „3. COMMISSION STATE DEPARTMENT OF HIGHWAYS NGINEER-DI fECTOR ROBERT C. LANIER, CHAIRMAN AND PUBLIC TRANSPORTATION MARK G. OODE THOMAS M. DUNNING RAY STOKER,JR. P. 0. Box 3067, Dallas, Texas 75221-3067 May 19, 1986 IN REPLY REFER TO FILE NO. Control 281-2-40, Etc. F. M. 78: Traffic Signals and Pavement Widening at FM 544/FM 3412 In the City of Wylie Collin County Mr. Gus Pappas City Manager City of Wylie P. 0. Box 428 Wylie, Texas 75098 Dear Mr. Pappas: We are forwarding to you, under separate cover, two sets of prints of the preliminary plans for the above projects along with the title sheet tracing. Please review these plans and forward any comments you may have to us. We are also forwarding to you four (4) copies of an agreement for installa- tion, operation, and maintenance of traffic signals along with supporting documents. Please have these documents executed and return three copies to us for further processing. You may retain one copy for your files. Please contact Mr. Harold Watters at 320-6239, for further information. Your cooperation in completing this project is appreciated. Yours very truly, Eied,e7/1/-e Robert L. Yield' District Engineer ,,,,, let i„,„ 1 ses°A'Ico'cmk, 1. This Agreement shall apply to all highway traffic signal installations approved by both the State and the City, the City's approval being indicated by signature of the City Manager on the plan title sheet for such installation. Highway traffic signal installations made a part of this agreement shall contain on the title sheet the following statement: "The City hereby consents to the construction of this highway traffic signal as to location and manner of construction as indicated on these plans, said installation being a part of "Agreement (Traffic Signal - Type B), dated 2. The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signal(s) , supervise construction, and upon completion of construction, will furnish the power and operate and maintain said highway traffic signal(s). 3. The City hereby consents to the construction of the highway traffic signal(s) by the approval of the location and manner of construction as shown on plans and described in specifications. 4. The City will exercise no control whatsoever over the operation, maintenance, use or existence of the highway traffic signal(s) without written authority from the State Department of Highways and Public Transportation. 5. The State shall have the authority to make such changes in the design and operation of the highway traffic signal(s) as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. 6. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s) . AGREEMENT (TRAFFIC SIGNAL - TYPE B) 11-84 2-4 SLATE OF TEXAS COUNTY OF TRAVIS § This AGREEMENT, dated this day of 11 19 by and between " the State of Texas, hereinafter called the State, Party of the First Part; and the City of Wylie Collin County, Texas, acting by and through its duly authorized officers under an Ordinance/Resolution, passed the day of , 19 , hereinafter called the "City," Party of the Second Part, is made to become effective when fully executed by both parties. WITNESSETH WHEREAS, by virtue of a Municipal Maintenance Agreement entered into by the City and the State, the State has been authorized to maintain certain highway routes within the City; and WHEREAS, from time to time the City has requested the State to install traffic signals on certain highways within the City; and WHEREAS, the State under the provisions of Minute Order 70179, dated July 31, 1975, has authority to install, maintain and operate traffic signals when requested to do so in cities of 15,000 population or less according to the latest Federal Census; and WHEREAS, the City has a population of less than 15,000 according to the latest Federal Census; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: AGREEMENT (TRAFFIC SIGNAL - TYPE B) 11-84 1-4 • 7. In the event the signal(s) installed in accordance with this Agreement become unnecessary or are removed for any reason, this Agreement shall terminate. 8. The State will not incur any financial obligation to the City as a result of this Agreement. 3-4 AGREEMENT (TRAFFIC SIGNAL - TYPE B) 11-84 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the dates shown hereinbelow. Executed on behalf of the City, this day of 19,_ ATTEST: By: Secretary for City Mayor THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: APPROVED: By: Chief Engineer of Safety and Maintenance Operations DATE: AGREEMENT (TRAFFIC SIGNAL - TYPE B) 4-4 11-84 RESOLUTION BE IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF Wylie • SECTION 1. That the certain agreement dated between the State of Texas and the City of Wylie , for the blanket coverage of various projects covering the installation, construction, existence, use, opera- tion, and maintenance of certain highway traffic signals/illumination in the City of Wylie , be, and the same is hereby approved, and the Mayor is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED: APPROVED: Mayor ATTEST: Secretary City Clerk APPROVED AS TO FORM: City Attorney BLANKET RESOLUTION (TRAFFIC SIGNAL/ILLUMINATION) 11-84 1-1 to STATE OF TEXAS COUNTY OF Collin I' , the duly appointed, qualified and acting city secretary of the City of Wylie Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance/resolution duly passed by the City Council at a meeting held on , A.D., 19 at o'clock M. To certify which, witness my hand and seal of the City of Wylie Texas, this day of , 19 at Wylie , Texas. City Secretary of the City of Wylie , Texas G � County of Collin X X X State of Texas X ANALYTICAL SERVICES AGREEMENT Agreement is made this 22nd day of July, 1986 between the City of Wylie, Texas , a Municipal corporation, hereinafter referred to as "Client" , and TALEM, Inc. (Texas Analytical Laboratories for Environmental Monitoring) , herein referred to as the "Laboratory" . In consideration of the mutual promise herein contained, the parties hereto agree as follows: RECITALS The Client now owns and operates a sanitary sewer collection system and wastewater treatment plant. The Laboratory is prepared to perform professional services regarding industrial waste monitoring program. The Client desires to retain the Laboratory so as to initialize and maintain an industrial waste monitoring program. AGREEMENT It is hereby agreed that the Client does retain and employ the Laboratory to act for and represent it in all analytical and monitoring matters involved in this project, such contract of employment to be subject to the following terms, conditions and stipulations. CONDITIONS OF AGREEMENT SCOPE OF PROJECT (1) The scope of this project shall include the revision of industrial waste ordinances and other related ordinances necessary for this project. Additionally, the scope will include: (a) Identification of waste discharges along with conducting a commercial/industrial user survey and establish inventory of these users. (b) Monitor all significant waste discharges of the inventory. CO� • (c) Collect samples, conduct inspection and test waste discharges . (d) Develop compliance program of waste dischargers. (e) Provide sampling and analyses of wastewater samples as necessary to implement City' s Industrial Waste Ordinance. (f) Consulting services that may be necessary from time to time in conjunction with the Industrial Waste Monitoring Program. (g) Services as an expert witness in the event of necessary legal action in conjunction with services provided in the Industrial Waste Monitoring Program. (h) Provide Client with Laboratory' s Pretreatment Program Compliance Subscription Service. (i) Chemical and environmental engineering services that may be deemed necessary in the program. (j) The Laboratory shall keep careful records of all analytical and other services provided to client and provide client with timely and routine reports as required. TIME COMPLETION The Laboratory shall have completed the ordinance revision, identification of waste dischargers (inventory) and complete user survey within one hundred twenty (120) days after execution of this contract. The Laboratory shall also complete in a timely manner, the establishment of the Industrial Waste Monitoring Program and continue services that will enable the City to assure compliance with applicable City ordinances, State and Federal Statutes. TERM: This agreement is to take effect upon execution and remain in effect for two (2) years. Said agreement shall be renewable for one additional year upon agreement of both parties . Said agreement can be terminated, at any time, by either party provided one party gives a thirty (30) day written notice by certified mail to the President of TALEM, Inc. or the City Manager of the City of Wylie, Texas. • COMPENSATION: The Client shall compensate the Laboratory within thirty- five (35) days upon receipt and approval of invoice. The Client shall compensate the Laboratory in accordance with Attachment I . Price escalation costs shall not exceed ten percent (10%) per year for services shown on Attachment I . However, prices for services provided shall not be subject to change until after the first year of contract has been completed (366 days from execution date) . ASSISTANTS: It is understood and agreed that the employment of the Laboratory for the purposes aforesaid shall be exclusive, but the Laboratory has the right to employ such assistants as it may deem proper in the performance of the work, said assistants to be employed subject to the approval of the Client, and the services of said assistants paid for by the Laboratory. ASSIGNMENT: This agreement shall not be assigned by the Laboratory without the written consent of the Client. TEXAS LAW TO APPLY This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Dallas and Collin Counties, Texas. PARTIES BOUND This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this agreement. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal , or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this agreement shall be construed as if such invalid, illegal , or unenforceable provision had never been contained herein. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Executed, in duplicate, at Wylie, Texas on the day and year first above written. COUNCIL APPROVED: CITY OF WYLIE, TEXAS Date: Don Hughes, Mayor LABORATORY : TALEM, INC. 306 W. Broadway Ave. Fort Worth, Texas 76104 Clifford E. Murphy Executive Vice-President or J. R. Coolidge, President 4 ATTACHM NT—I TAL M, INC. Texas Analytical Laboratories for Environmental Monitoring General Offices: Mailing Address: "T ids. 306 West Broadway Avenue P.O. Box 3270 (Word t wwph,.,, o. Fort Worth, Texas 76104 Fort Worth, Texas 76113 iwcw re v ce rirsmntt 817/335-1186 Metro/654-0443 TALEM , INC . PRICE LIST MAY 1 , 1985 ( R • v . 1 / 86 ) Analysis of Water, Wastewater Soils and Hazardous Waste • Environmental Consulting • Technical Training industrial Wastes Monitoring • Treatability Studies •Bioassays •Limnological Studies • Industrial Prnrl,u-rc • Fed o,...r... I . Chemical Analyses Acidity $ 15 .00 Alkalinity 17 .00 Ammonia 20 .00 Asbestos 35 .00 Biochemical Oxygen Demand (BOD) 30 .00 Boron 20 .00 Bromide 18 .00 Carbon Dioxide 15 .00 Cation/Anion Balance 125 .00/Unpolluted Watt 175 .00/Polluted Water Chemical Oxygen Demand (COD) 25 .00 Chlorides 12 .00 Chlorine (Residual) 15.00 Chlorine (Demand) 30 .00 Chlorophyll 35 .00 Chromium Hexavalent 35 .00 Conductivity 5 .00 Corrosivity pH 5 .00 EPA 24 Hour Modification 50.00 Cyanide, Total or Amenable Liquid Solid 30 .00 Organic Extraction 35 .00 50.00 Density Dissolved Oxygen 15 .00 EDTA 15 .00 F/M Ratio 12 .00 Fluorides 45 .00 Fluorides , Distillation 12 •00 Formaldehyde 50.00 Hardness 35 .00 Hydrogen Sulfide 12.00 Jar Test 20 .00 Moisture Inquire (Karl Fischer or Dean & Stark) 25 .00 Colored Sample 35 .00 Nitrate Nitric Acid 15 .00 Nitrite 25 .00 Nitrogen, Total Kjeldahl 15 .00 22.00 Oil and Grease pH 30 .00 Phenol 5 .00 Phosphates 30 .00 Ortho 15 .00 Total Phosphorous, Total 20 .00 Salinity 20 .00 Silica 5 .00 Sludge Age 20.00 Sludge Volume Index 45 .00 30 .00 -1- / d III . Metals Analysis Common Metals $12 .00/per element Aluminum Antimony Barium Beryllium Cadmium Calcium Chromium Cobalt Copper Gold Iron Lead Magnesium Manganese Molybdenum Nickel Potassium Silver Sodium Thallium Tin • Titanium Vanadium Zinc Digestion Fee $15 .00/per digestion Filtration 12 .00 MIBK Extraction 30 .00 Hydride Generation $40 .00 Arsenic Selenium Flameless $40 .00 Mercury Graphite Furnace $50 .00/1st element 25 .00/each additional analysis for the same element -3- '7 l V. Package Pricing National Interim Primary Drinking Water Regulations Inorganic Chemicals $190 .00 Arsenic Barium Cadmium Chromium Fluoride Lead Mercury Nitrate (as N) Selenium Silver Pesticides and Herbicides Inquire Pesticides Endrin Lindane Methoxychlor Toxaphene Herbicides 2 ,4 - D 2 , 4 ,5 - TP Silvex Total Trihalomethanes $ 65 .00 Turbidity $ 5 .00 Coliform, Total $ 20 .00 Radioactivity Gross Alpha Gross Beta $ 30 .00 Radium 30 .00 50 .00 -5- Part V. C. Organic Toxic Pollutants $950 .00 (Excluding Dioxin) Volatile Compounds Acid Compounds Base/Neutral Compounds Pesticides/PCBs Metals, Cyanide and Phenols 13 Metals- Antimony Arsenic Beryllium Cadmium Chromium Copper Lead Mercury Nickel Selenium Silver Thallium Zinc Cyanide, Total • Phenols , Total Dioxin Inquire -7- Resource Conservation and Recovery Act (RCRA) Hazardous Waste Characteristics Complete Analysis $550.00 Corrosivity pH $ 5.00 EPA 24 Hour Modification 50.00 Ignitability Flash Point $ 50 .00 Reactivity Cyanide and Sulfide $ 75 .00 EP Toxicity Extraction Procedure Dirt, Sludges $ 75 .00 Oil , Grease, Paint 150.00 Analyses 'Metals $195 .00 Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium, Silver Organics 180.00 Endrin, Lindane, Methoxychlor, Toxaphene,2,4-D, 2 ,4 ,5-TP Silvex 'Analyzed using Standard Additions. Specific to the State of Texas- Texas Water Commission 7-day Leachate Extraction $ 75 .00 Analyses Metals $195 .00 Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium, Silver -9- 7V Texas Department of Health Parameters Background Data (Quarterly Requirements) Groups 1 , 2 , 3 , & 4 $525 .00/sample Semiannual/Annual Data Groups 3 & 4 195 .00/sample Fourth Year Data Groups 2 , 3 , & 4 325 .00/sample Group 1 Primary Drinking Water Standards Maximum Contaminant Level (mg/L) Arsenic 0 .05 Barium 1 .0 Cadmium 0.01 Chromium 0.05 Copper 1 .0* Lead 0.05 Mercury 0.002 Selenium 0.01 Silver 0.05 Zinc 5 .0* Group 2 Calcium Magnesium Sodium Potassium Carbonate Bicarbonate Sulphate 250* Fluoride 1 .4-2.4 Nitrate (N) 10 .0 Phenolphthalein Alkalinity Alkalinity Hardness Anion-Cation Balance Group 3 Chloride 250* pH 6.5-8 .5* Specific Conductance Total Dissolved Solids 500 Total Organic Carbon (Four replicates required) Group 4 Iron 0.3* Manganese 0.05* *Secondary Drinking Water Standards -11- VII . Consultant Services Expert Witness $150 .00/hour Principal 75 .00/hour Consulting Engineer 60 .00/hour • Technical/Field Representative 50 .00/hour Chemist 40 .00/hour Analyst 30 .00/hour Secretarial 25 .00/hour All prices are based on an eight hour work day. Work done outside normal business hours or weekends/holidays are subject to additional charges. Reasonable travel expenses and mileage will be charged above the hourly rate. Pretreatment Program Compliance Subscription Service $100.00/month -13- PRETREATMENT PROGRAM COMPLIANCE SUBSCRIPTION SERVICE TALEM provides the following services , tailored to each city , on a subscription "plus" basis. 1 . Review history and files of city ' s pretreatment program development and implementation . 2. Train and assist city personnel to set up and maintain industrial monitoring and inspection program, including files and recordskeeping system. 3. Establish up-to-date set of applicable Federal and State rules and regulations . TALEM 's service includes keeping this information current by providing changed documents as they are available. 4. Recommend changes to improve city's pretreatment program so that it is in compliance with Federal and State rules. 5. Serve as a consultant to the city to interface with local industries to answer questions and obtain compliance 6 . Interface with U. S. EPA and Texas Water Commission offices , as applicable, to represent city' s interest and keep current on plans and activities of the regulating agencies. This service is available for $100 per month and includes maintaining rules and regulations file, up to four hours of consulting time, and a maximum of two personal visits to the city per month. Cities subscribing to this service will be charged 10% off the current list price list fee for consulting services . For more information, call Robert Taylor at 817-335-1186 or Metro 654-0443 . DOLL IGARAHAL & COMPANY, P.C. Certified Public Accountants Brent L Dot CPA George A Korohol CPA 618 Meodows Bui10r June 23, 1986 DOS Texas 75X 214-363-434 • Honorable Mayor Don Hughes City of Wylie P. 0. Box 207 Wylie, Texas 75098 Dear Mr. Hughes: We are in the process of scheduling our fall audits. James Johnson felt it would be appropriate for us to submit our engagement letter at this time. The enclosed engagement letter sets out the general scope of our audit and other details pertaining thereto. If the letter correctly expresses your understanding, please sign one copy and return it to us. Subject to your approval, we can begin the audit on Monday, October 20, 1986. Please contact us if you wish to discuss our engagement further. We look forward to working with you once again. Very truly yours, Brent L. Doll, C.P.A. BLD:jc Enclosure DOLL, KARAHAL & COMPANY, P.C. Certified Public Accountants &ent L COIL CPA 618 Meadows budding George A Korohol CPA June 23, 1986 Dollos.Temm75206 214-363-4349 Honorable Mayor Don Hughes City of Wylie P.O. Box 207 Wylie, Texas 75098 We are pleased to confirm our understanding of the services we are to provide for the City of Wylie, Texas, for the year ended September 30, 1986. We will audit the general purpose financial statements of the City of Wylie, Texas, as of and for the year ended September 30,1986. Our audit will be a Single Audit made in accordance with generally accepted auditing standards; the standards for financial and compliance audits contained in Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, issued by the U. S. General Accounting Office; the Single Audit Act of 1984; and the provisions of OMB Circular A-128, Audits of State and Local Governments, and will include tests of the accounting records of the City of Wylie, Texas, and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented in conformity with generally accepted accounting principles consistently applied and to report on the City of Wylie, Texas, compliance with laws and regulations and its internal accounting controls as required for a Single Audit. If our opinion is other than unqualified, we will fully discuss the reason with you in advance. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and banks. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our examination, we will also request certain written representations from you about the financial statements and related matters. - An audit is based primarily on the selective testing of accounting records and related data; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Honorable Mayor Don Hughes City of Wylie June 23, 1986 Page 2 We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related controls, the selection and application of accounting principles, and the safeguarding of assets. We understand that your employees will type all cash or other confirmations we request and will locate any invoices selected by us for testing. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Based on our preliminary estimates, the fee should approximate $12,000. This estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City of Wylie, Texas, and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, // 1 Doll, Karahal & Company, P.C. RESPONSE: This letter correctly sets forth the understanding of the City of Wylie, Texas By: Title: Date: 80 0 ie CITY OF WYLIE 114 N. BALLARD ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 MEMORANDUM DATE: June 18, 1986 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. ,P. E. , City Engineer l SUBJECT: Drainage Easement Jick E. Drain & Naomi Drain Property As a result of needed storm water discharge from the Pointe West Addition on FM1378, the developer , Don Kreymer , has secured a 15-foot drainage easement across the Jick E. Drain and Naomi Drain property south of the development for the City of Wylie. It will be necessary for the developer to construct the approved ditch as part of the development. The engineering staff recommends the acceptance of the easement. DRAINAGE EASEMENT STATE OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN S Grant of Easement 1 . That JICK E. DRAIN and wife NAOMI DRAIN (hereinafter referred to as "Grantors" ) for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considera- tions, paid by the CITY OF WYLIE, TEXAS (hereinafter referred to as "Grantee" ) does hereby GRANT, SELL, and CONVEY unto Grantee a drainage easement and right-of-way upon and across the property of Grantor as set forth below. Character of Easement 2 . The easement granted herein is appurtenant to the domi- nant tenement. Location of Easement 3. The easement and right-of-way hereby conveyed shall cover and be located on that property described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Property" ) . Purpose of Easement 4. The right-of-way, easement, rights, and privileges herein granted shall be used only for the purpose of surface water drainage and for placing, constructing, operating, re- pairing, maintaining, rebuilding, replacing, relocating, and re- moving a drainage ditch for the drainage of surface water between the paved highway lying east of the Property and the land which adjoins the Property to the west. Duration of Easement 5. The easement, rights, and privileges herein granted shall be perpetual . Grantors hereby bind themselves, their heirs, and legal representatives, to warrant and forever defend the above-described easement and rights unto Grantee, its succes- sors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof . Non-Exclusiveness of Easement 6. The easement, rights , and privileges granted herein are non-exclusive and Grantors reserve and retain the right to convey similar rights and easements to such other persons as Grantors may deem proper. Rights Reserved 7 . Grantors retain, reserve, and shall continue to enjoy the use of the surface of the Property for any and all purposes which do not interfere with and prevent the use by Grantee of the easement granted herein. d a Entire Agreement 8 . This instrument contains the entire agreement between the parties relating to the matters herein set forth. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Binding Effect 9. This Agreement shall bind and inure to the benefit of the respective parties, their heirs, personal representatives, successors, and assigns. IN WITNESS WHEREOF, this instrument is executed this /2 ' day of June, 1986. 2 CK E. DRAIN NAOMI DRAIN ACKNOWLEDGMENT State of Texas S County of Loczir S This instrument was acknowledged before me on the /.Z TN day of June, 1986 by Jick E. Drain and wife, Naomi Drain. Ory Public My Commission Expires: 201 :D061086A.00 -2- • • • EXHIBIT "A" DRAINAGE EASEMENT Being a part of a tract of land 15 feet in width out of the G. W. Gunnell Survey , Abstract No. 351 , Collin County , Texas , and also being a part of a described tract of land conveyed by Raymond Posey and Vera Posey to Jick E. Drain and wife , Naomi Drain as recorded in Volume 709, Page 44 of the Deed Records of Collin County, Texas, and located in the City of Wylie , Texas and the centerline of said easement being more particularly described as follows : BEGINNING at a point on the north property line of said Jick E. Drain and wife Naomi Drain tract , said point being a distance of 7 .5 feet , east of the northwest corner of said Drain tract ; THENCE, South, along the centerline of said 15 foot easement , being 7. 5 feet from and parallel with the west line of the Drain tract , a distance of 198. 50 feet to the Point of Ending, said point being on the south property line of said Drain tract and containing 0.007 acre of land, more or less . 0 7�" ACCEPTED FOR THE CITY OF WYLIE THIS the DAY OF CITY OF WYLIE Mayor ATTESTED: Carolyn Jones, City Secretary Date 9 of o'( ,00'31 -:\I1):61":01 of • 7 St. s'�. 64_• is" eAi�1 44 rSiraT0 D, oltidy jiele E 024/A-1 ao AIAobt! a ai Ai c.tall a u ,et/ey I ,4 STRAc7 3S/ CoGLixt CodAf Y i V 709 , �- 4 4 PALIC �,ct�niers4064. "It <` �. Cambridge Equities, Inc. rt : 16660 Dallas Parkway, Suite 1500,Dallas, Texas 75248 Telephone WadJu^, 2 7,„6 • Mr. Gus Pappas ne 25, 1986 City Manager P. 0. Box 428 Wylie, TX 75 09 8 SUBJECT: Southfork Mobile Home Community Dear Mr. Pappas: • We are the new owners of the Southfork Mobile Home community. The purpose of this letter is to request a change in some of the street names of the community. Per my conversation with Carolyn Jones, I have enclosed a plot plan of the Southfork Mobile Home Community as well as a list of the changes we are requesting. I understand that your office would be ordering the new street signs at an approximate cost of $30 to us. Prior to the signs being ordered, we would like to see a sample of same. Upon receiving approval from your office to change the street names and upon the arrival of the new street signs, we will notify our residents so they can make the appropriate changes of address with the post office. Please let us know as soon as possible so we can put the appropriate names on the streets in Phase II where residents have not moved in yet. I look forward to hearing from you in the near future. Sincerely, c7c27 .,..,..)rider-- Patricia Pole Secretary to Ronald P. Berlin President Enclosures cc: Deane Holmes • ff>7 SOUTHFORK MOBILE HOME COMMUNITY Below is a list of the street name changes we are requesting for the Southfork Mobile Home Community: PROM ZQ 1. Sue Ellen Avenue 1. Crockett Avenue 2. Jenna Avenue 2. Bowie Avenue 3. Miss Ellie Circle 3. Mockingbird Circle 4. Ellie Court 4. Ranger Court 5. Pamela Avenue 5. Blue Bonnet Avenue 6. Sue Court 6. Pecos Court 7. Ellen Court 7. Alamo Court 8. Christopher Crossing 8. Red River Crossing 9. Oil Court 9. Prairie Court 10. Cliff Barnes Lane 10. Pioneer Lane 11. Bobby Avenue 11. Boone Avenue 12. John Ross Road 12. Tumbleweed Road 13. Ray Krebs Avenue 13. Rio Grande Avenue 14. Ewing Way 14. Spindletop Way 15. Jock Lane 15. Brazos Lane 16. JR Avenue 16. Sunbelt Avenue 17. Lucy Lane 17. Yellow Rose Lane 18. Gary Way 18. Lone Star Way 19. Walren Court 19. 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