08-12-1986 (City Council) Agenda Packet AGENDA SUMMARY
TUESDAY, AUGUST 12 , 1986
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - CANVASS AUGUST 9 ELECTION - This action by the
Council as required by the Texas Election Code, makes
official the results of the election held on Saturday,
August 9 .
ITEM NO. 3 - OATH OF OFFICE FOR NEWLY ELECTED COUNCILMEMBER
In the case of one of the three candidates of Saturday' s
election receiving 50% plus one of the votes cast, the
Council will seat it' s newest member. The oath of office
will be given by the City Secretary and the new member may
take his seat at the Council table.
ITEM NO. 3a - AUTHORIZATION TO REQUEST SPECIAL ELECTION DATE
FROM GOVERNOR'S OFFICE - This item was placed on your agenda
late, after the City Secretary received a call from the
Secretary of State' s office in response to her letter
requesting permission to hold a special election to fill the
vacancy on the Council created by the resignation of Harold
Spence. That office has advised that the Council send a
letter , signed by each member of the Council , requesting a
specific date for a special election. The City Secretary
advised the S. of State of the vacancy created by the
resignation of the Mayor and a special election, if okayed ,
can fill both vacancies. A copy of the letter to be signed
and mailed to the State is included in your packet on page
15a.
ITEM NO. 4 - SET DATE FOR RUN-OFF ELECTION - This item is
placed on your agenda as a contingency item if needed. The
State has certain requirements for the dates of a run-off
election which would require this election to be held on
either August 23 or August 30 . The City Secretary has
checked the City calendar and suggests August 30 .
ITEM NO. 5 - ACCEPTANCE OF RESIGNATION OF MAYOR DON HUGHES
This item is placed on your agenda for your formal
acceptance of Mayor Don Hughes' resignation on July 22 ,
1986 .
ITEM NO. 6 - PUBLIC HEARING ON REZONING OF 5 ACRES ON SH78
This property is described as 5.1053 acres out of the S. D.
Shelby Survey, Collin County Abstract 820 and 0 .2616 acres
out of the S. D. Shelby Survey, Collin County Abstract 820 .
It is located, as shown on the map on page 20 of your packet
on SH78 between the drive-thru bank and the Texaco Station
with some frontage along W. Kirby Street. The petitioner is
asking for a redesignation from retail to B1 (business 1) in
order to allow for more flexibility of use. The owner has a
potential buyer who wants to use a portion of the property
for a restaurant with drive-thru service. The Planning &
Zoning heard this petition on Thursday, August 7 and
recommend approval by a vote of 6-1 . The dissenting vote
was because the commission member was concerned about a
restaurant of that type so near the elementary school .
Another portion of this tract is slated for the construction
of a new building for First State Bank.
ITEM NO. 7 - APPROVE ZONING ORDINANCE FOR 5 ACRES ON SH78
No additional comments.
ITEM NO. 8 - CONSIDER MATTERS RELATIVE TO THE SALE OF
GENERAL OBLIGATION BONDS FOR MUNICIPAL COMPLEX - This item,
as it appears on your agenda, was given to us by David
Medanich of First Southwest, our financial advisors . There
will be several separate considerations in this total
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package; authorizing the issuance of the $1 .8 million City
of Wylie General Obligations Bonds, a resolution approving
and authorizing a "Paying Agent/Registrar" , opening of bids
for the sale of the bonds, award of bid and as Mr . Medanich
noted, "all other matters incident thereto" . Mr . Medanich
will be present and has advised that he will guide you
through the entire process .
ITEM NO. 9 - APPROVE NOISE ORDINANCE - Recently, the Police
Department has had numerous complaints from residents
regarding the loud playing of stereo' s , musical instruments,
amplifiers etc. as well as loud and raucous parties causing
irritation and distress in the neighborhood. It is in
response to these complaints and the request of the Police
Department that this ordinance has been prepared for your
review. The City, up to now, has not had an ordinance that
our officers could "hang their hat on" . It is for that
reason, we ask for your approval .
ITEM NO. 10 - APPROVE ORDINANCE REGULATING "BLOCK PARTIES"
This ordinance is placed before you as a statement of policy
for City employees to use as a guide when requests for such
gatherings come to them. Recently, there have been calls
from many citizens, particularly in the new developments,
for regulations for holding "block parties" and we have been
"winging it" ; however, we would like you to review these
guidelines, which are basically the procedure that has been
followed , and approve this ordinance as written or with
modifications which you feel are appropriate.
ITEM NO. 11 - CITIZEN PARTICIPATION - Not an appropriate
area for comment .
ITEM NO. 12 - PRESENTATION BY REPRESENTATIVE OF COLLIN
COUNTY WOMEN 'S SHELTER - Some of you may have had calls from
Mrs. Christie, Coalition President. Mrs . Christie will be
present to make a presentation to you and to ask for the
City' s financial support for a Collin County Women' s
Shelter .
ITEM NO. 13 - APPROVE CONTRACT WITH TALEM, INC. - This item
was tabled at the last regular meeting of the City Council
and is placed on the agenda again for your consideration.
This organization comes highly recommended by the City of
Richardson, for whom they have been performing similar
services for some years. The City has an industrial waste
ordinance which is difficult, if not impossible, to enforce
because we do not have any concrete evidence, testing, and
monitoring on which to base enforcment. TALEM, Inc is a
well respected firm who can provide service from a neutral
vantage point, without any local ties or sympathies to make
their findings suspect from any viewpoint. If you approve
this contract, this organization will provide the necessary
information for us to bring industrial pollutants under
control and into compliance.
ITEM NO. 14 - ACCEPTANCE OF PUBLIC IMPROVEMENTS IN POINTE
NORTH II - At the time the agenda was compiled, the public
improvements had not been approved by the City' s subdivision
inspector . However, he felt that things could, in all
probability, be finalized before Tuesday and the staff' s
approval could be delivered at that time, and did not like
to cause the developer any delay. Should these improvements
not be in conformance by Tuesday, the Engineering staff will
have a representative present and will recommend tabling of
this item.
ITEM NO. 15 - ACCEPTANCE OF SANITARY SEWER LINE - This is
the sanitary sewer line installed for the Wylie Savings and
Loan located on S. Jackson and SH78 . The City inspector has
inspected and the results are in your packet on page 75 .
The Engineering staff recommends your approval .
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ITEM NO. 16 - ACCPTANCE OF SOUTHFORK MHP OFF-SITE WATER LINE
The City' s subdivision inspector has made his inspections
and the City Engineer has reviewed this matter . The results
are provided in your packet on page 76 . The Engineering
staff recommends your approval .
ITEM NO. 17 - APPROVE CONSTRUCTION PLANS FOR LAKE RAY
HUBBARD MHP - This park is located at the "y" formed by S.
FM544 and Vinson Road . The engineering staff has reviewed
these plans and recommend it for your approval as being in
compliance with the subdivision regulations of the City.
The P&Z reviewed these plans and recommend it for approval .
ITEM NO. 18 - ACCEPTANCE OF R.O.W. FOR VINSON ROAD AND
FUTURE SPRING CREEK BOULEVARD - The City Engineer , in a memo
to the City Manager, (pg 78) advised that these two roadway
rights-of-way were not included in the property description
even though they are shown on the plat. It is for that
reason they must be dedicated by separate instrument. The
Engineering Dept. recommends acceptance.
ITEM NO. 19 - ACCEPTANCE OF DRAINAGE & UTILITY EASEMENT FROM
LAKE RAY HUBBARD MOBILE HOME PARK - See comments above.
ITEM NO. 20 - APPROVE DEVELOPMENTAL PLAN FOR "THE MEADOWS"
This is the second opportunity you have had to see the plan
for the PD (Planned Development) . At your last meeting, you
had an opportunity to review the concept plan and consider
the recommendations made by the P&Z . The stipulations
recommended by the P&Z and subsequently approved by the
Council were presumably incorporated into the developmental
plan (final plat) ; however, at the P&Z meeting held on
August 7 , they found that there were some things left out .
At this point, the Engineer has been made aware of these
minor points and it is the expectation of the Engineering
Staff that the completed plan (approved by the Engineering
staff) will be available for your review on Tuesday night .
The P&Z again recommend approval with the incorporation of
all the recommendations they made at their first review.
ITEM NO. 20 - COUNCIL DISCUSSION - Not an appropriate area
for staff comment.
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Dorf PS/FP 8-(-8,d
AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, AUGUST 12, 1986
7 :00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
1 1-15 Consider approval of minutes.
2 Canvass election for August 9
Special Council election.
3 Oath of office for newly elected
member of the City Council of the
City of Wylie.
3a 15a Consider authorization to request
date for special Council election
from the Governor of Texas.
4 Consider setting August 30 , 1986 as
date for run-off election, if
needed as required by State law.
5 Consider acceptance of resignation
of Mayor Don Hughes .
PUBLIC READING OF ORDINANCE/PUBLIC HEARINGS
6 16-20 Conduct PUBLIC HEARING on the
request for re-zoning from retail
to business 1 of 5 .1053 acres out
of the S. D. Shelby Survey, Collin
County Abstract 820 , located on
SH78 between drive-thru bank and
Texaco Station.
7 21-23 Consider approval of zoning
ordinance for 5 .1053 acres out of
the S. D. Shelby Survey, Collin
County Abstract 820 , located on
SH78 between drive-thru bank and
Texaco Station.
8 24-56 Consider ordinance authorizing the
issuance of $1 ,800 ,000 City of
Wylie, Texas General Obligation
Bonds and the award of bids and all
other matters incident thereto.
9 57-59 Consider approval of ordinance
making it unlawful to make loud and
unnecessary noise causing distress
or discomfort to persons in the
vicinity.
10 60 Consider approval of ordinance
regulating block parties, public
gatherings etc.
GENERAL DISCUSSION
11 Citizen Participation.
1
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
NEW BUSINESS
12 61 Consider presentation by
representative of Collin County
Women' s Shelter .
13 62-74 Consider approval of contract with
TALEM, Inc. for monitoring and
testing services for industrial
discharge.
14 Consider acceptance of public
improvements for Pointe North II .
15 75 Consider acceptance of sanitary
sewer line from Wylie Savings and
Loan.
16 76 Consider acceptance of Southfork
Mobile Home Park off-site water
line.
17 77 Consider approval of construction
plans for Lake Ray Hubbard Mobile
Home Park.
18 78-80 Consider acceptance r.o.w.
dedication for Vinson Road and the
future Spring Creek Boulevard.
19 81-84 Consider acceptance of drainage and
utility easement for Lake Ray
Hubbard Mobile Home Park.
20 Consider approval of developmental
plant for "The Meadows" of Wylie,
located in the triangle formed by
S. Ballard, S. Birmingham and Stone
Road.
GENERAL DISCUSSION
21 Council Discussion.
22 ADJOURN
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CALLED CITY COUNCIL
MEETING - MINUTES
JULY 15, 8986
7:00 P. M.
The Wylie City Council met in a called session on Tuesday,
July 15, 1986 at 7: 00 P. M. in the Reta and Truett Smith
Library work room. A quorum was present and notice of the
meeting had been posted for the time and in the manner
required by law. Those present were Mayor Don Hughes,
Council Members Lowell Brewster, Sandra Donovan, Calvin
Westerhof , and Joe Fulgham, City Manager Gus Pappas, City
Secretary Carolyn Jones, Finance Director James Johnson,
Pattie Griffin of the Wylie News and other citizens.
Mayor Hughes called the meeting to order and Councilman
Fulgham gave the invocation.
ACCEPTANCE OF RESIGNATION OF COUNCILMAN HAROLD SPENCE: Mr.
Harold Spence presented a letter to the Mayor at the July
8th council meeting submitting his resignation. Motion was
made by Mayor Hughes to accept this letter of resignation
from Mr. Harold Spence. Seconded by Councilman Fulgham.
The vote was as follows: Mayor Hughes - in favor,
Councilman Fulgham - in favor, Councilwoman Donovan - in
favor, Councilman Westerhof - in favor, and Councilman
Brewster - in favor. This motion carried with all in favor.
ACCEPTANCE OF TEMPORARY EASEMENT IN WESTERN SECTION OF CITY:
This easement is on the Dr. Taylor property and was a piece
of property needed for the temporary force main coming from
Southfork. The Taylor' s were out of town at the time the
staff requested the easements from the property owners.
Mrs. Taylor has come in with the easement and said she was
sorry that they were late in getting it back to us.
Councilwoman Donovan wanted to know if we are paying $100. 00
for this easement and do we need the easement. City Manager
Gus Pappas said yes, we were paying $100. 00 for the
easement. Since the people have come in with the easement,
staff decided to go ahead and ask council to act on the
acceptance of it. It is not needed at this time, but with
the problems we are having securing the easement for the
main sewer line from one property owner, this section maybe
needed in the near future.
Councilwoman Donovan wanted to know why we needed two
temporary easements. City Manager Gus Pappas said we did
not need two easements, but that the Taylor easements has
come in and since we are having problems with Brand, we may
need this Taylor easement in the future to complete the main
sewer line.
Mayor Hughes asked City Manager Gus Pappas if we needed this
easement. City Manager Gus Pappas said he didn' t know but
it would not hurt to have it.
Motion was made by Councilwoman Donovan to let them know we
have the other easement and thank them for their time.
Councilman Westerhof asked if there was a chance to use this
easement. City Manager Gus Pappas said yes, if there is a
problem getting the permanent line in within two years, than
Brand could give us problems. If we have this easement to
fall back on, then we would still be able to proceed. City
Manager Gus Pappas said if the $100. 00 payment is a problem
he would pay it.
�
Councilman Brewster wanted to know what kind of problems the
staff was having with Brand. City Manager Gus Pappas said
Mr. Brand did not want anything to do with the City. The
reason is based upon the advise Mr. Brand was receiving
from his architect.
Councilman Brewster said is it that Mr. Brand cannot fit his
plans into where we want the easement. City Manager Gus
Pappas said it seems to based upon the lack of knowledge
about development. Mr. Brand talked with an architect
instead of a developmental engineer and the architect said
do not give up anything. Councilman Brewster said that we
may have problems with him then, and that we should keep an
out.
Motion made by Councilwoman Donovan died for- a lack of a
second.
Motion was made by Councilman Fulgham to accept the
temporary easement from the Taylors. Seconded by Councilman
Brewster. The vote was as follows: Mayor Hughes - in
favor, Councilman Ful gham - in favor, Council woman Donovan -
against, Councilman Westerhof - in favor, and Councilman
Brewster - in favor. This motion carried with four (4) in
favor and one ( 1 ) against.
DISCUSSION RELATIVE TO MOORE INDUSTRIAL DISPOSAL CO. AND THE
CITY' S LANDFILL: City Manager Gus Pappas said the staff
recently received a notification from the State that they,•
were tired of waiting on the improvements to the land fill .
The State does not believe there is enough cover over the
trash at the land fill and the land fill needs a fence
around it. For the record, the City of Wylie land fill was
listed in Austin as a closed land fill . Moore Industrial
Disposal wanted to re-open the land fill , at their expense,
but this has proven to be a larger expense than what they
had thought. If Moore had re-opened the land fill , they had
a lease with the City of Wylie to use this land fill . Now
that Moore has decided the cost is much larger than expected
and it is not feasible to try and re-open the land fill ,
Moore wants out of the lease agreement with the City of
Wylie. When Moore checked into the re-opening of the land
fill , the State said this would go from a Class B to a Class
A permit and would cost more for this type of permit. There
was a meeting with Moore Industrial Disposal representatives
and the City Manager, and the Finance Director, about the
problems and what the State wants done with the land fill .
Moore is willing to fill in the pit and bring in field dirt
and cover over the trash. The City will need to put up a
fence as soon as possible. Moore will also becoming before
you for a rate increase, at this time Wylie is at a very low
rate with Moore and has not had an increase since Moore has
taken the refuse collection.
The purpose of putting this on the agenda was to inform the
new council members of what has been happening with the land
fill and to expect the rate increase from Moore. Finance
Director James Johnson said he knew the City rates were low,
but has requested from Moore Industrial several times copies
of their audit in order to make a rate study and come to
Council on this subject .
Councilman Westerhof wanted to know how much fence there was
to put up. City Manager Gus Pappas said there was not very
much fence to put up, and the reason he said the City would
do the fence was because when Moore took the fence down it
was only a three string barbed wire and the City will need
to put up a chain link fence. Moore will be spending
approximately $40, 000. for bring in the dirt and spreading
it and filling in the pit.
j
APPROVAL OF REVISED BUDGET FOR FISCAL YEAR 1985-86: This is
the revised budget for fiscal year 1985-86 as prepared by
the Finance Director and City Manager. The revised balanced
budget for all funds is $4, 100, 000. of which, $2, 030, 000.
for General Fund, $900, 000. for Utility Fund, $=5, 000.
Revenue Sharing, $210, 000. for Sanitation, $525, 000. for
Impact Fund and $400, 000. Lift Station Fund.
Expenses have been rearranged and reconfigured to reflect
the actual spending of the City to date and to answer a
number of needs. Some of these are as follows:
1 . Information clerk for approximate cost of $3, 000. 00
2. Temporary basis - clerk to type the Code Book of
Ordinance for approximate cost of $=, 000. 00
3. Two service workers in the Water Department
approximate cost of $7, 000. 00
4. Left the City Council Reserve, but this has been
committed
5. Code Enforcement removed one computer which is a
cost minus $4, 000.
6. Engineering brought the expenses up to meet the
operating expense for this year. This department
budget was underestimated and the amount needed
is $14, 000.
7. Municipal court - absorbed the cost of the audit
that was necessary in connection with the
theft, cost of $2, 300.
8. Police Patrol has been updated to fully fund the
cost of the eleven uniform personnel - cost of
$2 0, 000. This expenditure was balanced by grant
funds
9. Fire requested that $12, 000. be moved from the paid
Fire Chief position (which was never hired) to
special purpose equipment. Staff transferred
$6, 500.
10. Library - lost a computer that was originally in the
budget - approximate cost minus $4, 000.
11 . Parks - capital improvements the completion of the
sprinkler system as requested by the board
approximate cost of $4, 000.
12. Streets. and Drainage - increased the supplies
account for asphalt and emulsion in order to fund
the pothole repair program - approximate cost
$5 >,000.
13. Water - money for several service line improvements
which have been demanded by citizens -
approximate cost - $45, 000.
Councilwoman Donovan in the Fire Department, the staff is
only granting one half of what the fireman has requested for
the protective clothing. City Manager Gus Pappas said they
asked for $11 , 750. be moved from the executive salaries to
special purpose equipment. The special purpose equipment
has $4, 000. that has not been used, put with the $6, 500.
would make a total of $10, 500 for this clothing.
Councilman Brewster said the information clerk being asked
for is giving him a little trouble to warrant that money at
this time. Councilwoman Donovan wanted to know what news
would go into this news letter. City Manager Gus Pappas
said last week, the staff sent a news release to the Wylie
News about the new sewer line at Southfork, such items of
interest as this. Councilwoman Donovan wanted to know if it
would be sent to every citizen and where is the postage
coming from. City Manager said this news letter would go
out with the water bills.
Councilman Fulgham said he has seen this done in other
cities and some have done it daily instead of monthly.
Councilman Brewster said he may sound negative about this,
but he does not believe the people will read it.
Councilwoman Donovan wants to move the information clerk to
next years budget and put this $3, 000. 00 to the fire
department.
Councilwoman Donovan wanted to know if the code book of
ordinances referred to in item 2 was the ordinance we had
talked with Southfork about. City Manager Gus Pappas said
no, this was a book that contained all the ordinances of the
City. City Manager Gus Pappas said that our City Charter
' says to have a code book of ordinances within a three year
period and this clerk is to accomplish this code book of
ordinances within this time period.
Councilman Westerhof said Engineering has a lot of
additional money going into it, why, is it due to salary
increase. James Johnson said it was daily operations and
the staff has underfunded this department at the first of
the fiscal year.
City Manager Gus Pappas said the over view he is receiving
from the council is to delete the information clerk from
this years budget and fully fund the request of the fire
department.
Councilman Westerhof said to take the $3, 000. for the
information clerk and put it in the fire department budget,
plus the $6, 500 from the executive salaries. Councilman
Westerhof said he wanted the information clerk in 1986-87
budget.
Motion was made by Councilman Westerhof to approve the
revised budget with taking away the information clerk and
moving that $3, 000. to the fire department budget. Seconded
by Councilwoman Donovan. The vote was as follows: Mayor
Hughes - in favor, Councilman Fulgham - in favor,
Councilwoman Donovan - in favor, Councilman Westerhof - in
favor, and Councilman Brewster - in favor. This motion
carried with all in favor.
PRESENTATION OF PROJECTED REVENUES FOR FISCAL YEAR 1986-87:
City Manager Gus Pappas stated that the City was not going
to suffer from the loss of revenue sharing as some of the
sister cities around us, because the staff had not counted
on this money for the upcoming year. There are some areas
in which the council will need to increase fees such as the
water and sewer rates. This is due to North Texas Municipal
Water District increase to the City and we must pass it on
to the citizens now, while it is . 10 per thousand gallons.
The council will also need to increase the refuse fees, as
the City has the lowest by some $3. 00 per household from
other cities our size and in our area. This increase will
come if we stay with Moore or another contractor or if the
city gets back into the refuse business. If the council
makes the decision to increase the water/sewer and refuse
and the increase to the builders on their water usage, the
staff believes that the city can maintain the tax rate it
has had for several years.
CITIZEN PARTICIPATION: Mrs. Cecilia Wood said the Fire
Department requested X number of dollars, they said what it
would be used for, at the end of the year this money was
still there, does the fire department loose it. Finance
Director James Johnson said it goes into a fund balance on
the next years budget. City Manager Gus Pappas said we
approach the budget as a staff , we anticipate everyone has
more needs than money, we look at it to see what can be
funded for the highest priority. No department is
guaranteed that the money funded is theirs forever. The
budget is for the city and not just one department.
/
Mr. Bill LeCocq wanted to know with this water problem with
builders if the city issued an occupancy permit. Finance
Director James Johnson said the city did issue an occupancy
permit, but there are a lot of time the builders do not tell
us the house has sold.
City Manager Gus Pappas said that First Southwest has made
appointments for Friday, August 1st with the bonding
agencies in New York. The Mayor must go, other can go with
the group if they wish. Councilmembers Westerhof , Fulgham,
Donovan would like to go. Councilmember Brewster did not
want to go.
Councilwoman Donovan wanted to know when the council could
go back to two meetings a month. City Manager Gus Pappas
said we were having these meetings at the council request
for work sessions. The staff can get council back on two
meetings per month after the budget and tax hearings.
Motion was made to adjourn by Councilwoman Donovan, seconded
by Councilman Brewster. All were in favor.
Don Hughes, Mayor
ATTEST:
Carolyn Jones, City Secretary
CITY COUNCIL MEETING
MINUTES
JULY 22, 1986
7:00 P. M.
The Wylie City Council met in regular session on Tuesday,
July 22, 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.
Mayor Don Hughes, Councilmembers Joe Fulgham, Lowell
Brewster, Calvin Westerhof and Sandra Donovan, City Manager
Gus Pappas, City Secretary Carolyn jones, Finance Director
James Johnson, Engineering Department I . W. Santry, and Ron
Homeyer, news media representatives from the Wylie New
McKinney Courier Daily News, and the Dallas Times Herald.
Mayor Hughes called the meeting to order and Councilman
Westerhof gave the invocation.
Mayor Don Hughes said that some months ago he resigned from
the Council , but citizens came to him and requested that he
resend his resignation. Mayor Hughes said he has tried, but
things are getting to where it bothers him and he Just
cannot handle it. I must back off . Mayor Hughes thanked
everyone for their support and for Gus Pappas for all the
help he has given to the City. Mayor Hughes said at this
time the news papers are fighting the City and making phones
calls to the Texas State Health Department instead of
calling the City and working with the City. North Texas
Municipal Water District is fighting the City. I am tired
of the City being run down and I cannot stop it. I am sorry
I do not have the strength to tell the people to stop and
help the City. The City would be a much better place to
live if people would work together and not against us.
I , Don Hughes, resign from the City Council of Wylie as
Mayor effective July 22, 1986.
City Manager said with no one in the position of Mayor or
Mayor Pro Tem, this would allow an emergency item to be
added to the agenda for electing a Mayor Pro Tem. City
Manager Gus Pappas then ask the City Secretary to act as
presiding officer of the meeting until a Mayor Pro Tem could
be elected. Councilman Brewster wanted to know if the
council could ask for a short recess and discuss what has
Just happened. City Secretary recessed the meeting.
City Secretary called the meeting back to order and asked
for nominations for Mayor Pro Tem. Councilman Westerhof
nominated Councilman Fulgham for Mayor Pro Tem. Councilman
Brewster seconded the nomination. The vote was as follows:
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 MINUTES FROM JUNE 24TH AND JULY 8TH MEETINGS:
There being no corrections or additions to the minutes a
motion was made by Councilman Brewster to approve the
minutes for June 24th and July 8th as submitted. Seconded
by Councilwoman Donovan. The vote was as f ol. l ows: Mayor
Pro Tem Ful gham - in favor, Councilman Westerhof - in favor-,
Councilman Brewster - in favor, and Councilwoman Donovan --
in favor. This motion carried with all in favor.
APPROVE ANNEXATION ORDINANCE FOR 10. 4996 ACRES OUT OF THE
FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY, ABSTRACT 688:
This property is located on E. SH78 and in front of Wylie
Ranch East. The public hearings requirements have been
satisfied as well as the twenty (20) day waiting period.
Motion was made by Councilman Westerhof to approve and sign
annexation ordinance for 10. 4996 acres out of the Francisco
de la Pina Survey. Seconded by Councilman Brewster. The
vote was as follows: Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Brewster - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
PUBLIC HEARING ON THE ZONING OF 10. 4996 ACRES OUT OF THE
FRANCISCO DE LA PINA SURVEY, ABSTRACT 688: This property is
located on E SH 78 and in front of Wylie Ranch East. The
zoning request is for Business One (B-1 ) . The Planning and
Zoning Commission heard this petition and recommend approval
of the B1 zoning by a vote of 5-1 . City Staff recommends
approval of B-1 zoning. Mayor Pro Tem Fulgham opened the
public hearing, there being no questions or opposition, the
public hearing was closed.
APPROVE AND SIGN ZONING ORDINANCE FOR 10. 4996 ACRES OUT OF
THE FRANCISCO DE LA PINA SURVEY, ABSTRACT 688: This
property is located on E. SH 78 and in front of Wylie Ranch
East. There being no questions from the Council , Councilman
Brewster made a motion to approve and sign zoning ordinance
for 10. 4996 acres out of the Francisco de la Pina Survey for
Business One zoning. Seconded by Councilman Westerhof . The
vote was as follows: Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Brewster - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
PUBLIC HEARING ON THE RE-ZONING OF 8. 7877 ACRES OUT OF THE
ALLEN ATTERBERRY SURVEY, COLLIN COUNTY ABSTRACT 23: This
property is located at Stone Road, S. Birmingham St. and S.
Ballard Street and is commonly known as "The Meadows" . This
property was zoned 2F (duplex ) and the owner is requesting
Planned Development zoning. Mayor Pro Tem Fulgham opened
the public hearing. City Manager Gus Pappas said the public
hearing is appropriate but the next item on the agenda needs
to be approve concept plan not zoning ordinance. The
concept plan is approved and then it will come back to
council for the development plans to be approved. This was
originally developed as duplex area, the developer has had
trouble finding a market for duplexes and is requesting a
planned development with zero lot line homes. Our City does
not have this type zoning for zero lot line homes. The
Planning and Zoning Commission worked on this for some time -
and has come up with the following stipulations to go with
this planned development zoning.
1 . The builder would meet a 10 ft. minimum requirement
between housing units.
2. Minimum 1200 sq. ft. living area
3. Houses not attached, built with one wall on lot line
4. Builder required to fence each property with 6 ft.
wood fence prior to receiving a certificate of
occupancy.
5. Builder meets building codes for SF3 housing
6. No windows or doors on the zero lot line side of
the dwelling
7. Builder required to clearly display sign, at all
time, stating these are zero lot line houses.
8. Each house have rear entry, two car garage
9. Builder required to install guttering on the zero
lot line side of each house
10. Builder required to landscape Meadow Court with a
2 inch caliber Live Oak Tree and sod.
City Manager Gus Pappas said the Planning and Zoning
Commission has requested only one island be landscaped, but
there is two island and staff recommends both of these be
landscaped.
Councilman Brewster wanted to know if these would be single
story. City Manager Gus Pappas said they need not be, there
is no stipulation on this and the homes can be 76 ft. in
height according to the zoning ordinance.
Cecilia Woods wanted to know what kind of traffic problems
this would bring to the area. Mayor Pro Tem Fulgham
that any improvements would bring traffic problems and the
City and Council would have to deal with them as they
appear.
City Manager Gus Pappas said the plans are to curve
Birmingham Street back into the school entrance and this
would do away with the pointed intersection.
There being no other questions or opposition, Mayor Pro Tem
Fulgham closed the public hearing.
APPROVE CONCEPT PLANS FOR PLANNED DEVELOPMENT FOR "THE
MEADOWS: This property is located between Stone Road, S.
Birmingham Street and S. Ballard Street. Motion was made by
Councilman Westerhof to approve the concept plans with the
above 10 stipulations plus the addition of the landscaping
of the other area. Seconded by Councilman Brewster. The
vote was as follows: Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Brewster - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
PUBLIC HEARING ON THE RE-ZONING OF 0. 3241 ACRES OUT OF THE
E. C. DAVIDSON SURVEY, COLLIN COUNTY ABSTRACT 267: This
property is located on the NE corner of SH78 and Kirby
Streets and is commonly known as Roadside Station. City
Manager Gus Pappas stated this property is currently zoned
Retail , but the owner is requesting Business One (B-1 ) .
This property has been grandfathered, but want to expand
with a new building, in order to do this, they need to be
re-zoned to Business One. Mayor Pro Tem Fulgham opened the
public hearing. The Planning and Zoning Commission heard
this petition and recommends approve by a vote of 5-1 . City
Manager Gus Pappas said the only problem staff had with this
was the easement needed for future expansion of Kirby
Street. The owner has granted this easement. There being
no other questions or opposition, the public hearing was
closed.
APPROVE ZONING ORDINANCE FOR 0. 3241 ACRES OUT OF THE E. C.
DAVIDSON SURVEY, COLLIN COUNTY: This property is located on
the NE corner of SH78 and Kirby Street, and is commonly
known as Roadside 'Station. The request for re-zoning is for
Business One. Motion was made by Councilwoman Donovan to
approve and sign the ordinance for re-zoning of 0. 3241
acres. Seconded by Councilman Brewster. The vote was as
follows: Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor, Councilman Brewster - in favor , and
Councilwoman Donovan - in favor. This motion carried with
all in favor.
AMENDMENT TO THE SUBDIVISION ORDINANCE BY ADDING A PARAGRAPH
6. 02B (4) AND CHANGING THE PERCENT OF LIME IN PARAGRAPHS
6. 02B ( 1 ) , (2) AND (3) : This amendment is prepared and
presented by the City Engineer and has been reviewed by the
Development Inspector and the Supervisor of Streets &
Drainage. This amendment is to obtain better control over
the lime stabilizing construction for City streets and
alleys. Mr. I . W. Santry stated that the problem was with
the percent of lime stabilization being used and the streets
are not coming up to standards.
Councilman Westerhof wanted to know if by increasing the
lime, do we still have to wait three (3) days before
pouring. Mr. Santry said yes, the three days is for curing
time.
Motion was made by Mayor Pro Tem Fulgham to approve the
amendment to the Subdivision Ordinance as stated in the
ordinance. Seconded by Councilwoman Donovan. The vote was
as follows: Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor, Councilman Brewster - in favor, and
Councilwoman Donovan - in favor. This motion carried with
all in favor.
CITIZEN PARTICIPATION: Mayor Pro Tem Fulgham pulled with
item from the agenda.
APPROVAL OF A RESOLUTION OF AGREEMENT BETWEEN THE STATE OF
TEXAS AND THE CITY OF WYLIE: This agreement is for the
blanket coverage of various projects covering the
installation, construction, existence, use, operation and
maintenance of certain highway traffic signals/illumination
in the City of Wylie. Mr. I . W. Santry stated the Highway
Department is looking into helping the City to widen Ballard
Street and Hwy. 78 for turn lanes. This will be done and
maintained by the Highway Department. Motion was made by
Councilman Brewster to approve the resolution of agreement
between the State of Texas and the City of Wylie. Seconded
by Councilman Westerhof . The vote was as follows: Mayor
Pro Tem Fulgham - in favor, Councilman Westerhof - in favor,
Councilman Brewster - in favor, and Councilwoman Donovan -
in favor. This motion carried with all in favor.
APPROVAL OF CONTRACT WITH TALEM, INC. FOR MONITORING
SERVICES FOR INDUSTRIAL DISCHARGE: Motion was made by
Councilman Brewster to table this item. Seconded by
Councilwoman Donovan. The vote was as follows: Mayor Pro
Tem Fulgham - in favor, Councilman Westerhof - in favor,
Councilman Brewster - in favor, and Councilwoman Donovan -
in favor. This motion carried with all in favor.
APPROVE AUDIT SERVICES ENGAGEMENT LETTER WITH DOLL, KARAHAL
& CO. PC, CPA' S: This is the auditing firm that has done
our work for the past several years. This letter is an
agreement for engagement of services that is routinely sent
to us each year. Motion was made by Councilman Westerhof to
approve and sign letter for audit services engagement with
Doll , Karahal , & Co. F'C, CPA' s. Seconded by Councilman
Brewster. The vote was as follows: Mayor Pro Tem Fulgham -
in favor, Councilman Westerhof - in favor, Councilman
Brewster - in favor, and Councilwoman Donovan - in favor.
This motion carried with all in favor.
ACCEPTANCE OF DRAINAGE EASEMENT FROM JIChi; & NAOMI DRAIN:
This easement is needed for storm water discharge from
Pointe West Addition, and will be a fifteen ( 15) foot
drainage ditch. Motion was made by Councilwoman Donovan to
accept the drainage easement from Dirk: & Naomi Drain.
Seconded by Mayor Pro Tem Fulgham. The vote was as follows:
Mayor Pro Tem Fulgham - in favor, Councilman Westerhof -
abstained, Councilman Brewster - abstained, and Councilwoman
Donovan - in favor. This motion with two votes in favor
and two abstentions has no action taken at this time. Due
to the fact of only four members on the council , the staff
will contact the city attorney for an opinion.
,n
v/
APPROVAL OF NAME CHANGE REQUEST FOR STREETS WITHIN SOUTHFORK
MOBILE HOME PARK: This item has been requested by the
owners to be tabled. Motion was made by Mayor Pro Tem
Fulgham to table. Seconded by Councilwoman Donovan. The
vote was as follows: Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Brewster - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor to table.
' Mayor Pro Tem Fulgham pulled the remaining items on the
agenda and called for a motion to adjourn.
Motion was made by Councilwoman Donovan to adjourn, seconded
by Councilman Brewster . All were in favor.
Joe Fulgham, Mayor Pro Tem
' ATTEST:
Carolyn Jones, City Secretary
CALLED CITY COUNCIL
MEETING - MINUTES
JULY 26, 1986
8:00 A. M.
The Wylie City Council met in a called session on Saturday
at 8: 00 A. M. beginning with a breakfast at Chapman' s
Restaurant with the following present Mayor Pro Tem Joe
Fulgham, Council Members Calvin Westerhof , and Lowell
Brewster, City Manager Gus Pappas, City Secretary Carolyn
Jones and Finance Director James Johnson. After breakfast,
the meeting convened at the Community Room at 9: 30 A. M.
with the following present, Mayor Pro Tem Joe Fulgham,
Council Members Calvin Westerhof , Lowell Brewster , and
Sandra Donovan, City Manager Gus Pappas, City Secretary
Carolyn Jones, and Finance Director James Johnson. A quorum
was present at the meeting and notice of the breakfast and
meeting had been posted for the time and in the manner
required by law.
Mayor Pro Tem Fulgham called the meeting to order and
Councilman Westerhof gave the invocation.
City Manager Gus Pappas gave a general overview of the 86-87
proposed budget. The budget being presented is balanced and
staff has had to delete items and new persons in order to
balance this budget. The only new employee for the up
coming year at this time is one police officer. Staff
deleted a ladder truck and Car from the Fire Department
request list. Also deleted by staff was the information
clerk, ambulance contributions, three (3) computers, truck
for code and one of the police cars, and communication
equipment for police department, furniture and equipment for
new City Hall . Police Department does have funded a new
screen for their present communications system, but the
entire system does need to be replaced.
The Council then heard from each department of the City and
what they would like in their budget. After some discussion
it was noted there should be a bond issue to construct a new
fire station and equip it. This would be the only way to
have a new station and ladder truck as the department wants.
City Manager Gus Pappas said that Reta Allen has called and
would like to sell the ambulance service to the City of
Wylie. City Manager Gus Pappas said he would recommend this
purchase and to hire a full time fire chief . If the City
does purchase the ambulance service, there would be a need
for a tax increase.
After hearing from all departments Council wanted the
following:
1 . try and fund mechanic and tools for the garage
2. Fire Chief - full time
3. investigate the purchase of the ambulance service
There being no other discussion, Mayor Pro Tem Fulgham
adjourned the meeting.
Joe FUlgham, Mayor Pro Tem
ATTEST:
Carolyn Jones, City Secretary
/ I
MINUTES
PLANNING it ZONING COMMISSION
THURSDAY, JULY 17, 1986
The Planning and Zoning Commission for the City of Wylie,
Texas met in regular session on July 17, 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: Vice-Chairman Brian
Chaney, Ben Scholz , Bill Chapman , Fred Ouellette, J.F. Hall
and Ken Mauk. Chairman Kent Crane 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: 00F'.M. by Vice-Chairman
Brian Chaney.
ITEM NO. 1 - APPROVAL OF MINUTES - Ben Scholz stated that
Mr . Roan 's name was mispelled in item no. 4. With that
correction Ken Mauk made the motion to accept the minutes.
Ben Scholz seconded the motion. Motion carried 6-0.
ITEM NO. 2 - PUBLIC HEARING FOR RE-ZONING OF PROPERTY AT
CORNER OF SH79 AND KIRBY STREET - This property is described
as 0. 3241 acres out of the E. C. Davidson Survey, Collin
County Abstract 267 and is located on the northeast corner
of SH78 and Kirby St. The petitioner is requesting a change
from retail to B1 zoning in order to allow for the addition
of a fast food store, specifically a delicatessen. While
the use was grandfathered, the retail zoning would not allow
for the expansion. The staff previously objected to this
petition , and the F'°<Z tabled this item, on the grounds of
needing an easement for widening of the road. The
petitioner has dedicated a 20 ft. strip for street
improvement as well as an easemeent of 10 foot to be claimed
as required by the City for future improvement. This
dedication and easement are reflected on the plat submitted
to the City. With this addition, the staff has no objection
to the granting of this re-zoning petition.
Vice-Chairman Brian Chaney opened the public hearing. Mr.
Butch Jones, spokesman for Bill Hunt and Rodeside Station ,
came forward stating that with the B1 zoning he could offer
not only a quality service station but could also create
more job opportunity for the City of Wylie. There being no
further questions or opposition the public hearing was
closed and brought before the board for discussion.
Fred Ouellette said that in his opinion this piece of
property is too small for this type of business with a
drive-thru. He felt that it would add to the conjestion on
that corner. He added that it should remain Retail . Gus
Pappas, City Manager , stated that the building would be
moved back to the rear corner of the property instead of
sitting right on the street and that it should be an
improvment on that corner. Bill Chapman said that he felt
that P&Z should grant the 81 zoning. Vice-Chairman Brian
Chaney stated that 81 use is consistant with the surrounding
properties. Bill Chapman made a motion to grant the 81
zoning. J. F. Hall seconded the motion. Motion carried 5-1 .
Fred Ouellette qualified his negative vote stating that he
felt that this should remain Retail and that zoning would
not restrict his present use.
The Planning & Zonning Commission would like to recognize
Chairman Kent Crane and send their condolences for the
passing of his father.
Mr. Don Wallace of Wallace & Lyle, addressed the Planning
Zoning Commission requesting that they call a special
meeting on Thursday, July 24, 1986, in order to review his
plat for Lake Ray Hubbard Mobile Home Park. The developer
is having a problem with financing and could not wait until
August to go before the City Council .
Vice-Chairman Brian Chaney stated that this is not a common
request and that by granting a special meeting to Mr.
Wallace we could be setting a precedent for other
developers. However , we should be flexible enough to
consider any reasonable request. The final decision should
be made through much consideration.
Bill Chapman made a motion to call a Special Meeting of The
Planning & Zoning Commission for Thursday, July 24, 1986 to
consider the plat for Lake Ray Hubbard Mobile Home Park.
Ken Mauk seconded the motion. Motion carried 6-0.
ITEM NO. 3 - ADJOURNMENT - Ben Scholz made a motion to
adjourn the July 17, 1986, Regular Meeting of the Planning &
Zoning Commission. J. F. Hall seconded the motion. Motion
carried 6-0.
Brian Chaney, Vice-Chairman
Planning & Zoning Commission
Respectfully Submitted:
Amanda Maples, Secretary
MINUTES
PLANNING & ZONING COMMISSION
CALLED MEETING
THURSDAY, JULY 24, 1986
The Planning and Zoning Commission for the City of Wylie,
Texas met for a called meeting on July 24, 1986 in the Wylie
Community Center. A quorum was present and notice of the
meeting had been posted for the time and in the manner
required by law. Those present were: Chairman Kent Crane,
Brian Chaney, Bill Chapman , Fred Ouellette, J . F. Hall and
Ken Mauk. Ben Scholtz was absent. Representing the city
staff was Gus H. Pappas, City Manager; Roy Faires, Code
Enforcement Officer ; and Susan Marquardt , Secretary.
The meeting was called to order at 7:O0 P. M. by Chairman
Kent Crane.
ITEM NO. 1 - CONSIDER APPROVAL OF LAKE RAY HUBBARD MOBILE
HOME PARK, PHASE I FINAL PLAT - Chairman Kent Crane asked if
we had the notes on what they discussed on the last meeting.
Mr. Gus Pappas informed the Planing & Zoning Commission that
the discussion was increasing the park size and that they
have done that and they have reconfigured the park slightly.
There are 2 lots in Block "C" for park space and Block "B"
one space and park space in the drainage area of Block"A"
which is all park. We calculated what is required by the
mobile home park ordinance for the required 270 lots which
is 45,000 sq. ft. What is likely to happen is that somewhat
of a common ownership may extend the park and take out
recreational area in the Block "B" section for a road to go
into the new phase. The entrance should not be a problem
since the ordinance requires that the owners must maintain
the specific park lot ratio. Mr. Gus Pappas informed the
Board that the developers could present a plan for phase
II , show a road there in area of Block "B" and we would re-
calculate the lots and they would still be required to
maintain the recreational area to meet the minimum
standards.
Fred Ouellette asked why the plat in front of them is not as
detailed as the last one. Mr. Don Wallace of Wallace ty
Lyle, addressed the Planning & Zoning Commission that the
Preliminary plat is required by the City to submit a
detailed plat with the water , sewer drainages and etc. On
the Final plat it is not required. Mr. Don Wallace stated
that the water and sewer lines would be dedicated to the
City of Wylie. Chairman Kent Crane asked if this would
change the easment due to the dedication. Mr . Gus Pappas
answered no.
Chairman Kent Crane asked if our Engineers had studied the
plan and that they have met the regulations? Mr. Gus Pappas
/1
stated that they have. Mr. Ken Mauk asked if there would be
other accesses to the park for emergency vehicles? Mr .
Pappas stated that there would probably be a road going
through area "Ei" .
Fred Ouelette asked if the service center was going to be
put in an open area. Mr . Don Wallace would be for a
recreational area; a clubhouse in Area "C" . Chairman Crane
wanted to make sure that a sales Office did not take up part
of the recreational area. If Block "C" is recreational , I ' d
like to see a revision to the Ordinance that no business or
commercial shall be used on the recreational areas.
Mr. Don Wallace informed the Planning °< Zoning Commission
that the management office was not going to be on site at
this time and if they were to have a management office, it
will take up a lot.
Mr. Brian Chaney made motion to approve the plans presented
with a note that any commerical or business type use can not
be placed in any of the recereational area. Mr. Bill
Chapman seconded the motion. Motion carried 5-0.
ITEM NO. 2 - ADJOURNMENT - Mr. Ken Mauk made motion to
adjourn the July 24, 1986 Called Meeting. Jeff Hall
seconded. Motion carried 5-0.
Kent Crane, Chairman
Planning & Zoning Commission
Respectfully Submitted:
Susan Marquardt , Secretary
/`
Niy
CITY OF 'WYLIE
114 N. BALLARD ST. — P O. BOX 428
WYLIE, TEXAS 75098
(214)442-2236
August 12, 1986
Governor Mark White
Office of the Governor
P 0 Box 12428
Austin, Texas 78711
RE: Request for Special Election for Mayor and City Council
Member
Dear Governor White:
The City Council of the City of Wylie is requesting a
special election on November 29, 1986 to elect a Mayor and
one Council Member. The City has had two Council Members
and the Mayor resign, one Council Member resigned in April
and the second Council Member resigned July 8th and the
Mayor resigned July 22nd. The vacancy created by the first
resignation is being filled by a special City Election on
August 9, 1986. The term of office for the Council Member
who resigned on July 8th will be up in April 1987. The
Mayor' s term of office will be up in April 1988.
In accordance with the City' s Charter, Article III Sec. 6-C,
the City must hold another election. The Charter states
that this election is to be called within 30 days of the
vacancy.
The Election Code, Section 41 :001 and 41 : 003 states there
can not be a City Election on the November date in even
numbered years, this would push our next available election
date up to January, 1987. This would put us too close to
the April Election day, and would mean the candidate
running for the Council position would have to run again in
January. Therefore, the City Council is requesting your
permission to hold a special election on November 29, 1986.
/C/4
A copy of the City' s Charter is enclosed. If additional
information is needed, please call 214-442-2236.
Approval from Council on submitting this letter was an the
12th day of August, 1986 during the regular Council Meeting.
Joe Fulgham, Mayor Pro Tern
Council Place One
Calvin Westerhof , Council Place Two
Lowell Brewster , Council Place Three
Sandra Donovan, Council Place Six
CC: Mr. John Stiner
Election Division
PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNC 'L OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS:
)/?2N, c mes / /__ of the County of
a d the State of Teas, and represents to
he City Coincil 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:
•
/4
PETITION FOR ZONING CONT' D. PAGE
Said of,„ • ��- represents that he and all
othe owner desire e� zoning to be changed from
Ar f� to_� in accordance with
t e 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 e hand of this petitiorp-r this the 1/al.i
day of , 198-(Y_.
Signature
Y-a -f uIL Mo_ - Sw;4�4.A
Please Print Name 0
ao;/\1l Vent- A__
Street address or Box No.
--- �le. T s .s..----1_s_o9_a
City Texas Zip
aw - 4 +a - ps93
Telephone
!_7
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Be-fore me, the un fined % : iary Public on this day
personally appeared -_ QJ_, known to me to be
the person whose me is su■scribed to the foreuoing
instrument, and ack:n wledged to me that he executed the same
for - ■urposes and consideration therein expresses:
Ui v did- my hand and eal o ff i ce this le L0. _da•;�
of -,1 _ , 198 (0.
o BARBARA A. LE COCCI - - --4.i
-
• - O Not - y Public, Collin Co tnty, T xas
_..' >^ STATE OF TEXAS
=fij O My Comm E .Mir.4.1989
'•s?�r�
/c
PROPERTY MSC TIOR
BEING a tract of .land in the S.B. Shelby Surve. Abe- ;ct Mo. 820, situated in
the City of Wylie, Collin County, Texas, and bf ig a in of that certain 3.006
acre tract designated Exhibit "A" in Volume 19K , Par 639 and that certain 3.362
acre tract designated Exhibit "A" in Volume 19( Pai 643 of the Deed Records of
Collin County, Texas, and being more particular r de: ribed as follows:
BEGINNING at an "X" ,n concrete on the North rt. It-of .ray line of Kirby Street, said
point being South 88 12' East 164.0 feet from a iro:. rod found at the Southwest corner
of the 3.006 acre tract and the Southeast corner of t e Dairy Queen tract;
THENCE North 1°48' East, 182.49 feet to an iron -od f tmd;
TNFNCE North 51°45'30" East, 62.58 feet to an 17 :i ro found;
THENCE North 38°14'30" Wiest, 175.0 feet to en ir- a ro_. found %the Southeast right-
of-way line of State Highway No. 78, said point ein€ 'forth 51 45'30" East 136.0
feet from en iron rod found at the Northwest corer of the 3.362 acre tract;
THENCE North 51°45'30" East along the Southeast !-fight-of-way line of State Highway
No. 78, 417.48 feet to an iron rod found;
THENCE South 88°28'10'm East, 155.28 feet to an is 'n r;d found at the Northeast corner
of the 3.362 acre tract;
THENCE South 4°22'06" West along the East line of the 3.362 acre tract and the 3.006
acre tract, 626.66 feet to an iron rod found at Vie Southeast corner of the 3.006
acre tract, said point being on the North right-of-way line of Kirby Street;
THENCE North 88°12' West along the North right-of-way line of Kirby Street, 382.14
feet to the PLACE OF BEGINNING, and. containing 5.7053 acres of land, more or less.
PROPOSED COMMON ACCESS EASEMENT
BEING a tract of land in the S. B. Shelby Survey, Abstract No. 820, situated in the City
of Wylie, Collin County, Texas, and being a part of that certain 3.006 acre tract desig-
nated Exhibit "A" in Volume 1907, Page 639 and that certain 3.362 acre tract designated
Exhibit "A" in Volume 1907, Page 643 of the Deed Records of Collin County, Texas, and being
more particularly described as follows:
BEGINNINg at a point on the North right-of-way line of Kirby Street, said point being
South 88 12' East 164.0 feet from an iron rod found at the Southwest corner of the 3.006
acre tract and the Southeast corner of the Dairy Queen tract;
THENCE North 1°48' East, 182.49 feet;
THENrE North 51°45'30" East, 62.58 feet;
THENCE North 38°14'30" West, 175.0 feet to a poet on the Southeast right-of-way line of
State Highway No. 78, said point be North 51 45'30" East 136.0 feet from an iron rod
found at the Northwest corner of the 3.362 acre tract;
THENCE North 51°45'30" East along the Southeast right-of-way line of State Highway No. 78,
30.0 feet;
THENCE South 38°14'30" East, 215.0 feet;
THENCE South 51°45'30" West, 86.57 feet to the beginning of a curve to the left;
THENCE Southerly along said curve to the left having a central angle of 49°57'30", a radius
of 50.0 feet and a tangent of 23.29 feet, an arc distance of 43.60 feet;
THENCE South 1°48' West, 117.45 feet to a point on the North right-of-way line of Kirby
Street;
THENCE North 88°12' West along the North right-of-way line of Kirby Street, 12.5 feet to
the PLACE OF BEGINNING, and containing 0.2616 acres of land, more or less'.
TO 6AM(' OfQ /L45 ;
I hereby certify that this survey was made on the ground, that this plat correctly
represents the facts found at the time of survey, subject to any and all easements,
reservations and restrictions that may be of record, and that this professional
service conforms to the current Texas Surveyors Association Standards and Speci-
fications for a Category 1A, Condition III Survey. There are no encroachments,
conflicts or protrusions, except as shown.
P.
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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 ) , 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 --_Kethrynjiuussa 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:
Busjne$5
Said property being described as follows:
See Attached
,% I
Asi
PROPERTY DESCRIPTIC
BEING a tract of Land in the S.B. Shelby Survey, Abstract No. 820, situated in
the City of Wylie, Collin County, Texas, and being a part of that certain 3.006
acre tract designated Exhibit "A" in Volume 1907, Page 639 and that certain 3.362
acre tract designated Exhibit "A" in Volume 1907, Page 643 of the Deed Records of
Collin County, Texas, and being more particularly described as follows:
BEGINNING at an "X" ,n concrete on the North right-of-way line of Kirby Street, said
point being South 88 12' East 164.0 feet from an iron rod found at the Southwest corner
of the 3.006 acre tract and the Southeast corner of the Dairy Queen tract;
THENCE North 1°48' East, 182.49 feet to an iron rod found;
THENCE North 51°45'30" East, 62.58 feet to an iron rod found;
THENCE North 38°14'30" West, 175.0 feet to an iron rod found o8the Southeast right-
y line of State Highway No. 78, said point being North 51 45'30" East 136.0
from an iron rod found at the Northwest corner of the 3.362 acre tract;
North 51°45'30" East along the Southeast right-of-way line of State Highway
417.48 feet to an iron rod found;
outh 88°28'10""East, 155.28 feet to an iron rod found at the Northeast corner
of th, 162 acre tract;
THENO th 4°22'06" West along the East line of the 3.362 acre tract and the 3.006
acre - , 626.66 feet to an iron rod found at the Southeast corner of the 3.006
acre said point being on the North right-of-way line of Kirby Street;
'NEW rth 88°12' West along the North right-of-way line of Kirby Street, 382.14
feet the PLACE OF BEGINNING, and containing 5.1053 acres of land, more or less.
PROPOSED COMMON ACCESS EASEMENT
BEING a tract of land in the S. B. Shelby Survey, Abstract No. 820, situated in the City
of Wylie, Collin County, Texas and being a part of that certain 3.006 acre tract desig-
nated Exhibit "A" in Volume 1907, Page 639 and that certain 3.362 acre tract designated
Exhibit "A" in Volume 1907, Page 643 of the Deed Records of Collin County, Texas, and being
more particularly described as follows:
BEGINNINg at a point on the North right-of-way line of Kirby Street, said point being
South 88 12' East 164.0 feet from an iron rod found at the Southwest corner of the 3.006
acre tract and the Southeast corner of the Dairy Queen tract;
THENCE North 1°48' East, 182.44 feet;
THENCE North 51?45'30" East, 62.58 feet;
THENCE North 38°14'30" West, 175.0 feet to a pout on the Southeast right-of-way line of
State Highway No. 78, said point being North 51 45'30" East 136.0 feet from an iron rod
found at the Northwest corner of the 3.362 acre tract;
THENCE North 51°45'30" East along the Southeast right-of-way line of State Highway No. 78,
30.0 feet;
THENCE South 38°14'30" East, 215.0 feet;
THENCE South 51°45'30" West, 86.57 feet to the beginning of a curve to the left;
':HENCE Southerly along said curve to the left having a central angle of 49°57'30", a radius
of 50.0 feet and a tangent of 23.29 feet, an arc distance of 43.60 feet;
THENCE South 1°48' West, 117.45 feet to a point on the North right-of-way line of Kirby
Street;
THENCE North 88°12' West along the North right-of-way line of Kirby Street, 12.5 feet to
the PLACE OF BEGINNING, and containing 0.2616 acres of land, more or less.
f,
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 ($2cx:). 00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION b. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the 12th day of AULGU.ST
198 6 .
Joe Fulgham, Mayor Pro Tem
ATTEST:
Carolyn Jones, City Secretary
ORDINANCE NO.
AN ORDINANCE authorizing the issuance of "CITY OF
WYLIE, TEXAS, GENERAL OBLIGATION BONDS, SERIES
1986" ; specifying the terms and features of said
bonds ; levying a continuing direct annual ad
valorem tax for the payment of said bonds; and
resolving other matters incident and related to
the issuance, sale, payment and delivery of said
bonds, including the approval and distribution
of an Official Statement pertaining thereto; and
providing an effective date.
WHEREAS, the City Council of the City of Wylie, Texas
hereby finds and determines that all of the general obligation
bonds approved and authorized to be issued at an election held
on June 28, 1986 should be issued and sold at this time; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1 : Authorization - Designation- Principal Amount-
Purpose. General obligation bonds of the City shall be and are
hereby authorized to be issued in the aggregate principal
amount of $1, 800, 000, to be designated and bear the title "CITY
OF WYLIE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1986"
(hereinafter referred to as the "Bonds") , for constructing and
equipping a new municipal complex on South State Highway 78, in
accordance with authority conferred at the aforesaid election
and in conformity with the Constitution and laws of the State
of Texas .
SECTION 2 : Fully Registered Obligations - Bond Date -
Authorized Denominations-Stated Maturities-Interest Rates . The
Bonds shall be issued as fully registered obligations only,
shall be dated August 15, 1986 (the "Bond Date" ) , shall be in
denominations of $5, 000 or any integral multiple (within a
Stated Maturity) thereof, and shall become due and payable on
February 15 in each of the years and in principal amounts (the
"Stated Maturities" ) and bear interest at the rate(s) per annum
in accordance with the following schedule:
Year of Principal Interest
Stated Maturity Amount Rate(s)
1988 $ 40, 000
1989 45 , 000
1990 50, 000
1991 50, 000
1992 55, 000
1993 60, 000 %
1994 65 , 000
1995 75 ,000 %
1996 80, 000
1997 85, 000 %
1998 95, 000
1999 100, 000
2000 110, 000
2001 120, 000
2002 130, 000
2003 140, 000
2004 155, 000
2005 165, 000
2006 180, 000 °s
The Bonds shall bear interest on the unpaid principal
amounts from the Bond Date at the rate(s) per annum shown above
in this Section (calculated on the basis of a 360-day year of
twelve 30-day months) . Interest on the Bonds shall be payable
on February 15 and August 15 in each year, commencing
August 15, 1987 .
SECTION 3 : Terms of Payment-Paying Agent/Registrar.
The principal of , premium, if any, and the interest on the
Bonds, due and payable by reason of maturity, redemption or
otherwise, shall be payable only to the registered owners or
holders of the Bonds (hereinafter called the "Holders")
appearing on the registration and transfer books (the "Security
Register") maintained by the Paying Agent/Registrar and the
payment thereof shall be in any coin or currency of the United
States of America, which at the time of payment is legal tender
for the payment of public and private debts, and shall be
without exchange or collection charges to the Holders .
The selection and appointment of MBank Dallas, N.A. ,
Dallas, Texas to serve as Paying Agent/Registrar for the Bonds
is hereby approved and confirmed. The City covenants to
maintain and provide a Paying Agent/Registrar at all times
until the Bonds are paid and discharged, and any successor
Paying Agent/Registrar shall be a bank, trust company,
financial institution or other entity qualified and authorized
to serve in such capacity and perform the duties and services
-2-
of Paying Agent/Registrar . Upon any change in the Paying
Agent/Registrar for the Bonds , the City agrees to promptly
cause a written notice thereof to be sent to each Holder by
United States Mail , first class postage prepaid, which notice
shall also give the address of the new Paying Agent/Registrar .
Principal of and premium, if any, on the Bonds shall be
payable at the Stated Maturities or the redemption thereof ,
only upon presentation and surrender of the Bonds to the Paying
Agent/Registrar at its principal office. Interest on the Bonds
shall be paid to the Holders whose name appears in the Security
Register at the close of business on the Record Date (the last
business day of the month next preceding each interest payment
date) and shall be paid by the Paying Agent/Registrar ( i) by
check sent United States Mail , first class postage prepaid, to
the address of the Holder recorded in the Security Register or
(ii) by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of,
the Holder . If the date for the payment of the principal of or
interest on the Bonds shall be a Saturday, Sunday, a legal
holiday, or a day on which banking institutions in the City
where the Paying Agent/Registrar is located are authorized by
law or executive order to close, then the date for such payment
shall be the next succeeding day which is _nat_such a—Satuxday-,..•.
Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the
same force and effect as if made on the original date payment
was due.
In the event of a nonpayment of interest on a scheduled
payment date, and for thirty (30) days thereafter , a new record
date for such interest payment (a "Special Record Date" ) will
be established by the Paying Agent/ Registrar, if and when
funds for the payment of such interest have been received from
the City. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (which shall be
15 days after the Special Record Date) shall be sent at least
five (5) business days prior to the Special Record Date by
United States Mail , first class postage prepaid, to the address
of each Holder appearing on the Security Register at the close
of business on the last business day next preceding the date of
mailing of such notice.
SECTION 4 : Redemption. (a) Optional Redemption. The
Bonds having Stated Maturities on and after February 15, 1997,
shall be subject to redemption prior to maturity, at the option
of the City, in whole or in part in principal amounts of $5, 000
or any integral multiple thereof (and if within a Stated
Maturity by lot by the Paying Agent/Registrar) , on February 15,
1996 or on any interest payment date thereafter at the
redemption price of par plus accrued interest to the date of
redemption.
-3-
(b) Exercise of Redemption Option. At least forty-five
(45) days prior to a redemption date for the Bonds (unless a
shorter notification period shall be satisfactory to the Paying
Agent/Registrar) , the City shall notify the Paying
Agent/Registrar of the decision to redeem Bonds , the principal
amount of each Stated Maturity to be redeemed, and the date of
redemption therefor . The decision of the City to exercise the
right to redeem Bonds shall be entered in the minutes of the
governing body of the City.
(c) SeLection of Bonds for Redemption. If less than all
Outstanding Bonds of the same Stated Maturity are to be
redeemed on a redemption date, the Paying Agent/ Registrar
shall treat such Bonds as representing the number of Bonds
Outstanding which is obtained by dividing the principal amount
of such Bonds by $5 , 000 and shall select the Bonds, or
principal amount thereof , to be redeemed within such Stated
Maturity by lot .
(d) Notice of Redemption. Not less than thirty (30) days
prior to a redemption date for the Bonds, a notice of
redemption shall be sent by United States Mail, first class
postage prepaid, in the name of the City and at the City' s
expense, to each Holder of a Bond to be redeemed in whole or in
part at the addre 'S" 'bf ''the"'Holder• appearing on the.. Security "'
Register at the close of business on the business day next
preceding the date of mailing such notice, and any notice of
redemption so mailed shall be conclusively presumed to have
been duly given irrespective of whether received by the Holder .
All notices of redemption shall (i) specify the date of
redemption for the Bonds , (ii) identify the Bonds to be
redeemed and, in the case of a portion of the principal amount
to be redeemed, the principal amount thereof to be
redeemed, ( iii) state the redemption price, (iv) state that the
Bonds, or the portion of the principal amount thereof to be
redeemed, shall become due and payable on the redemption date
specified, and the interest thereon, or on the portion of the
principal amount thereof to be redeemed, shall cease to accrue
from and after the redemption date, and (v) specify that
payment of the redemption price for the Bonds, or the principal
amount thereof to be redeemed, shall be made at the principal
office of the Paying Agent/Registrar only upon presentation and
surrender thereof by the Holder . If a Bond is subject by its
terms to prior redemption and has been called for redemption
and notice of redemption thereof has been duly given as
hereinabove provided, such Bond (or the principal amount
thereof to be redeemed) shall become due and payable and
interest thereon shall cease to accrue from and after the
redemption date therefor; provided moneys sufficient for the
payment of such Bond (or of the principal amount thereof to be
redeemed) at the then applicable redemption price are held for
the purpose of such payment by the Paying Agent/Registrar .
-4-
SECTION 5 : Registration - Transfer- Exchange of Bonds-
Predecessor Bonds . A Security Register relating to the
registration, payment , and transfer or exchange of the Bonds
shall at all times be kept and maintained by the City at the
principal office of the Paying Agent/Registrar, as provided
herein and in accordance with the provisions of an agreement
with the Paying Agent/Registrar and such rules and regulations
as the Paying Agent/Registrar and the City may prescribe . The
Paying Agent/Registrar shall obtain, record, and maintain in
the Security Register the name and address of each and every
owner of the Bonds issued under and pursuant to the provisions
of this Ordinance, or if appropriate, the nominee thereof . Any
Bond may be transferred or exchanged for Bonds of other
authorized denominations by the Holder, in person or by his
duly authorized agent, upon surrender of such Bond to the
Paying Agent/Registrar for cancellation, accompanied by a
written instrument of transfer or request for exchange duly
executed by the Holder or by his duly authorized agent , in form
satisfactory to the Paying Agent/Registrar .
Upon surrender of any Bond for transfer at the principal
office of the Paying Agent/Registrar, the Paying
Agent/Registrar shall register and deliver, in the name of the
designated transferee or transferees,_oneor more new Bonds of
authorized denominations and having the same Stated Maturity
and of a like aggregate principal amount as the Bond or Bonds
surrendered for transfer .
At the option of the Holder, Bonds may be exchanged for
other Bonds of authorized denominations and having the same
Stated Maturity, bearing the same rate of interest and of like
aggregate principal amount as the Bonds surrendered for
exchange, upon surrender of the Bonds to be exchanged at the
principal office of the Paying Agent/ Registrar. Whenever any
Bonds are surrendered for exchange, the Paying Agent/Registrar
shall register and deliver new Bonds to the Holder requesting
the exchange.
All Bonds issued in any transfer or exchange of Bonds
shall be delivered to the Holders at the principal office of
the Paying Agent/Registrar or sent by United States Mail, first
class, postage prepaid to the Holders, and, upon the
registration and delivery thereof , the same shall be the valid
obligations of the City, evidencing the same obligation to pay,
and entitled to the same benefits under this Ordinance, as the
Bonds surrendered in such transfer or exchange.
All transfers or exchanges of Bonds pursuant to this
Section shall be made without expense or service charge to the
Holder, except as otherwise herein provided, and except that
-5-
the Paying Agent/Registrar shall require payment by the Holder
requesting such transfer or exchange of any tax or other
governmental charges required to be paid with respect to such
transfer or exchange.
Bonds cancelled by reason of an exchange or transfer
pursuant to the provisions hereof are hereby defined to be
"Predecessor Bonds, " evidencing all or a portion, as the case
may be, of the same obligation to pay evidenced by the new Bond
or Bonds registered and delivered in the exchange or transfer
therefor . Additionally, the term "Predecessor Bonds" shall
include any mutilated, lost , destroyed, or stolen Bond for
which a replacement Bond has been issued, registered and
delivered in lieu thereof pursuant to the provisions of
Section 10 hereof and such new replacement Bond shall be deemed
to evidence the same obligation as the mutilated, lost ,
destroyed, or stolen Bond.
Neither the City nor the Paying Agent/ Registrar shall be
required to issue or transfer to an assignee of a Holder any
Bond called for redemption, in whole or in part, within 45 days
of the date fixed for the redemption of such Bond; provided,
however, such limitation on transferability shall not be
applicable to an exchange by the Holder of the unredeemed
balance of a Bond_caLled- fox--redempt.iol-in part .
SECTION 6 : Execution - Registration. The Bonds shall
be executed on behalf of the City by the Mayor under its seal
reproduced or impressed thereon and countersigned by the City
Secretary. The signature of said officers on the Bonds may be
manual or facsimile . Bonds bearing the manual or facsimile
signatures of individuals who are or were the proper officers
of the City on the Bond Date shall be deemed to be duly
executed on behalf of the City, notwithstanding that such
individuals or either of them shall cease to hold such offices
at the time of delivery of the Bonds to the initial
purchaser(s) and with respect to Bonds delivered in subsequent
exchanges and transfers, all as authorized and provided in the
Bond Procedures Act of 1981, as amended.
No Bond shall be entitled to any right or benefit under
this Ordinance, or be valid or obligatory for any purpose,
unless there appears on such Bond either a certificate of
registration substantially in the form provided in Section 8C,
manually executed by the Comptroller of Public Accounts of the
State of Texas, or his• duly authorized agent, or a certificate
of registration substantially in the form provided in
Section 8D, manually executed by an authorized officer,
employee or representative of the Paying Agent/Registrar, and
either such certificate duly signed upon any Bond shall be
conclusive evidence, and the only evidence, that such Bond has
been duly certified, registered and delivered.
-6-
SECTION 7 : Initial Bond(s) . The Bonds herein
authorized shall be initially issued either ( i) as a single
fully registered bond in the total principal amount of
$1, 800, 000 with principal installments to become due and
payable as provided in Section 2 hereof and numbered T-1, or
( ii) as nineteen ( 19) fully registered bonds, being one bond
for each year of maturity in the applicable principal amount
and denomination and to be numbered consecutively from T-1 and
upward (hereinafter called the "Initial Bond(s) " ) and, in
either case, the Initial Bond(s) shall be registered in the
name of the initial purchaser(s) or the designee thereof . The
Initial Bond(s) shall be the Bonds submitted to the Office of
the Attorney General of the State of Texas for approval,
certified and registered by the Office of the Comptroller of
Public Accounts of the State of Texas and delivered to the
initial purchaser(s) . Any time after the delivery of the
Initial Bond(s) , the Paying Agent/Registrar, pursuant to
written instructions from the initial purchaser(s) , or the
designee thereof , shall cancel the Initial Bond(s) delivered
hereunder and exchange therefor definitive Bonds of authorized
denominations, Stated Maturities, principal amounts and bearing
applicable interest rates for transfer and delivery to the
Holders named at the addresses identified therefor; all
pursuant to and in accordance with such written instructions
from the initial purchaser(s) , or the designee thereof, and
such other information and documentation as the Paying
Agent/Registrar may reasonably require.
SECTION 8 : Forms . A. Forms Generally. The Bonds,
the Registration Certificate of the Comptroller of Public
Accounts of the State of Texas, the Registration Certificate of
Paying Agent/Registrar, and the form of Assignment to be
printed on each of the Bonds, shall be substantially in the
forms set forth in this Section with such appropriate
insertions, omissions, substitutions, and other variations as
are permitted or required by this Ordinance and may have such
letters, numbers , or other marks of identification (including
identifying numbers and letters of the Committee on Uniform
Securities Identification Procedures of the American Bankers
Association) and such legends and endorsements (including any
reproduction of an opinion of counsel) thereon as may,
consistently herewith, be established by the City or determined
by the officers executing such Bonds as evidenced by their
execution. Any portion of the text of any Bonds may be set
forth on the reverse thereof , with an appropriate reference
thereto on the face of the Bond.
The definitive Bonds shall be printed, lithographed, or
engraved or produced in any other similar manner, all as
determined by the officers executing such Bonds as evidenced by
their execution, but the Initial Bond(s) submitted to the
Attorney General of Texas may be typewritten or photocopied or
otherwise reproduced.
-7-
o� 5
•
B. Form of Definitive Bond.
REGISTERED REGISTERED
NO. $
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF WYLIE, TEXAS
GENERAL OBLIGATION BOND, SERIES 1986
Bond Date: Interest Rate: Stated Maturity: CUSIP NO:
August 15, 1986
Registered Owner :
Principal Amount : DOLLARS
The City of—Wylie (hereinafter referred to as the "City") ,
a body corporate and political subdivision in the County of
Collin, State of Texas, for value received, acknowledges itself
indebted to and hereby promises to pay to the order of the
Registered Owner named above, or the registered assigns
thereof, on the Stated Maturity date specified above the
Principal Amount hereinabove stated (or so much thereof as
shall not have been paid upon prior redemption) and to pay
interest on the unpaid principal amount hereof from the Bond
Date at the per annum rate of interest specified above computed
on the basis of a 360-day year of twelve 30-day months ; such
interest being payable on August 15 and February 15 in each
year, commencing August 15, 1987 . Principal of this Bond is
payable at its Stated Maturity or redemption to the registered
owner hereof, upon presentation and surrender, at the principal
office of the Paying Agent/Registrar executing the registration
certificate appearing hereon, or its successor . Interest is
payable to the registered owner of this Bond (or one or more
Predecessor Bonds, as defined in the Ordinance hereinafter
referenced) whose name appears on the "Security Register"
maintained by the Paying Agent/Registrar at the close of
business on the "Record Date" , which is the last business
day of the month next preceding each interest payment date, and
interest shall be paid by the Paying Agent/Registrar by check
sent United States Mail , first class postage prepaid, to the
address of the registered owner recorded in the Security
-8-
Register or by such other method, acceptable to the Paying
Agent/Registrar , requested by, and at the risk and expense of ,
the registered owner . All payments of principal of , premium,
if any, and interest on this Bond shall be without exchange or
collection charges to the owner hereof and in any coin or
currency of the United States of America which at the time of
payment is legal tender for the payment of public and private
debts .
This Bond is one of the series specified in its title
issued in the aggregate principal amount of $1 , 800, 000 (herein
referred to as the "Bonds" ) for constructing and equipping a
new municipal complex on South State Highway 78, under and in
strict conformity with the Constitution and laws of the State
of Texas and pursuant to an Ordinance adopted by the City
Council of the City (herein referred to as the "Ordinance" ) .
The Bonds maturing on and after February 15, 1997, may be
redeemed prior to their Stated Maturities, at the option of the
City, in whole or in part in principal amounts of $5,000 or any
integral multiple thereof (and if within a Stated Maturity by
lot by the Paying Agent/Registrar) , on February 15, 1996, or on
any interest payment date thereafter, at the redemption price
of par, together with accrued interest to the date of
redemption and upon 30 days prior written notice being sent by
United States Mail, first class postage prepaid, to the
registered owners of the Bonds to be redeemed, and subject to
the terms and provisions relating thereto contained in the
Ordinance. If this Bond (or any portion of the principal sum
hereof) shall have been duly called for redemption and notice
of such redemption duly given, then upon such redemption date
this Bond (or the portion of the principal sum hereof to be
redeemed) shall become due and payable, and interest thereon
shall cease to accrue from ' and after the redemption date
therefor, provided moneys for the payment of the redemption
price and the interest on the principal amount to be redeemed
to the date of redemption are held for the purpose of such
payment by the Paying Agent/Registrar .
In the event of a partial redemption of the principal
amount of this Bond, payment of the redemption price of such
principal amount shall be made to the registered owner only
upon presentation and surrender of this Bond to the Paying
Agent/Registrar at its principal office and there shall be
issued, without charge therefor to the registered owner hereof ,
a new Bond or Bonds of like maturity and interest rate in any
authorized denominations provided by the Ordinance for the then
unredeemed balance of the principal sum hereof . If this Bond is
selected for redemption, in whole or in part, the City and the
Paying Agent/Registrar shall not be required to transfer this
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Bond to an assignee of the registered owner within 45 days of
the redemption date therefor; provided, however, such
limitation on transferability shall not be applicable to an
exchange by the registered owner of the unredeemed balance
hereof in the event of its redemption in part .
The Bonds are payable from the proceeds of an ad valorem
tax levied, within the limitations prescribed by law, upon all
taxable property in the City. Reference is hereby made to the
Ordinance, a copy of which is on file in the principal office
of the Paying Agent/Registrar, and to all of the provisions of
which the owner or holder of this Bond by the acceptance hereof
hereby assents , for definitions of terms; the description of
and the nature and extent of the tax levied for the payment of
the Bonds; the terms and conditions relating to the transfer or
exchange of this Bond; the conditions upon which the Ordinance
may be amended or supplemented with or without the consent of
the Holders; the rights , duties, and obligations of the City
and the Paying Agent/Registrar; the terms and provisions upon
which this Bond may be discharged at or prior to its maturity
or redemption, and deemed to be no longer Outstanding
thereunder; and for other terms and provisions contained
therein. Capitalized terms used herein have the meanings
assigned in the Ordinance.
This Bond, subject to certain limitations contained in the
Ordinance, may be transferred on the Security Register only
upon its presentation and surrender at the principal office of
the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer
in form satisfactory to the Paying Agent/Registrar duly
executed by, the registered owner hereof , or his duly
authorized agent . When a transfer on the Security Register
occurs, one or more new fully registered Bonds of the same
Stated Maturity, of authorized denominations, bearing the same
rate of interest, and of the same aggregate principal amount
will be issued by the Paying Agent/Registrar to the designated
transferee or transferees .
The City and the Paying Agent/Registrar, and any agent of
either, shall treat the registered owner whose name appears on
the Security Register (i) on the Record Date as the owner
entitled to payment of interest hereon, ( ii) on the date of
surrender of this Bond as the owner entitled to payment of
principal hereof at its Stated Maturity or its redemption, in
whole or in part, and ( iii) on any other date as the owner for
all other purposes, and neither the City nor the Paying
Agent/Registrar, or any agent of either, shall be affected by
notice to the contrary. In the event of nonpayment of interest
on a scheduled payment date and for thirty (30) days
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thereafter , a new record date for such interest payment (a
"Special Record Date" ) will be established by the Paying
Agent/Registrar, if and when funds for the payment of such
interest have been received from the City. Notice of the
Special Record Date and of the scheduled payment date of the
past due interest (which shall be 15 days after the Special
Record Date) shall be sent at least five (5) business days
prior to the Special Record Date by United States Mail, first
class postage prepaid, to the address of each Holder appearing
on the Security Register at the close of business on the last
business day next preceding the date of mailing of such notice.
It is hereby certified, recited, represented and declared
that the City is a body corporate and political subdivision
duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance
of the Bonds is duly authorized by law; that all acts,
conditions and things required to exist and be done precedent
to and in the issuance of the Bonds to render the same lawful
and valid obligations of the City have been properly done, have
happened and have been performed in regular and due time, form
and manner as required by the Constitution and laws of the
State of Texas , and the Ordinance; that the Bonds do not exceed
any Constitutional or statutory limitation; and that due
provision has been-•made for the payment of the principal of and
interest on the Bonds by the levy of a tax as aforestated. In
case any provision in this Bond shall be invalid, illegal , or
unenforceable, the validity, legality, and enforceability of
the remaining provisions shall not in any way be affected or
impaired thereby. The terms and provisions of this Bond and
the Ordinance shall be construed in accordance with and shall
be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the City Council of the City has
caused this Bond to be duly executed under the official seal of
the City as of the Bond Date.
CITY OF WYLIE, TEXAS
COUNTERSIGNED: Mayor PRO TEN
City Secretary
(SEAL)
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I
C. *Form of Registration Certificate of Comptroller
of Public Accounts to appear on Initial Bond(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
( REGISTER NO.
THE STATE OF TEXAS
I HEREBY CERTIFY that this Bond has been examined,
certified as to validity and approved by the Attorney General
of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas .
WITNESS my signature and seal of office
this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
D. Form of Certificate of Paying Agent/Registrar to
appear on Definitive Bonds only.
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered under the
provisions of the within-mentioned Ordinance; the bond or bonds
of the above entitled and designated series originally
delivered having been approved by the Attorney General of the
State of Texas and registered by the Comptroller of Public
Accounts, as shown by the records of the Paying Agent/Registrar .
MBANK DALLAS, N.A.
Dallas, Texas
as Paying Agent/Registrar
Registration Date:
By
Authorized Signature
*NOTE TO PRINTER: Do Not Print on Definitive Bonds
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t I
:ram
E . Form of Assignment .
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells ,
assigns , and transfers unto (Print or typewrite name,
address, and zip code of transferee: )
(Social Security or other identifying number :
) the within Bond and all rights thereunder ,
and hereby irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for
registration thereof , with full power of substitution in the
premises .
DATED:
NOTICE: The signature on this
Signature guaranteed: assignment must correspond with
the name of the registered owner
as it appears on the face of the
within Bond in every particular .
F . The Initial Bond(s) shall be in the form set forth in
paragraph B of this Section, except that the form of the single
fully registered Initial Bond shall be modified as follows :
( i) immediately under the name of the bond the
headings "Interest Rate and "Stated
Maturity " shall both be completed "as shown
below" ;
(ii) Paragraph one shall read as follows :
Registered Owner :
Principal Amount : Dollars
The City of Wylie (hereinafter referred to as the "City") ,
a body corporate and municipal corporation in the County of
Collin, State of Texas, for value received, acknowledges itself
indebted to and hereby promises to pay to the order of the
Registered Owner named above, or the registered assigns
thereof, the Principal Amount hereinabove stated on February 15
in each of the years and in principal installments in
accordance with the following schedule:
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YEAR OF PRINCIPAL INTEREST
MATURITY INSTALLMENTS RATE
(Information to be inserted from
schedule in Section 2 hereof) .
(or so much principal thereof as shall not have been prepaid
prior to maturity) and to pay interest on the unpaid Principal
Amount hereof from the Bond Date at the per annum rates of
interest specified above computed on the basis of a 360-day
year of twelve 30-day months; such interest being payable
on August 15 and February 15 in each year, commencing
August 15, 1987 . Principal installments of this Bond are
payable in the year of maturity or on a prepayment date to the
registered owner hereof, upon its presentation and surrender,
at the principal office of MBANK DALLAS, N.A. , Dallas, Texas
(the "Paying Agent/Registrar") . Interest is payable to the
registered owner of this Bond whose name appears on the
"Security Register" maintained by the Paying Agent/Registrar at
the close of business on the "Record Date" , which is the last
business day of the month next preceding each interest payment
date, and interest Shall be paid-by-'tile Paying—Agent/Registrar - -
by check sent United States Mail , first class postage prepaid,
to the address of the registered owner recorded in the Security
Register or by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of,
the registered owner . All payments of principal of , premium,
if any, and interest on this Bond shall be without exchange or
collection charges to the owner hereof and in any coin or
currency of the United States of America which at the time of
payment is legal tender for the payment of public and private
debts .
SECTION 9 : Levy of Taxes . To provide for the payment
of the "Debt Service Requirements" of the Bonds, being ( i) the
interest on the Bonds and (ii) a sinking fund for their
redemption at maturity or a sinking fund of 2% (whichever
amount is the greater) , there is hereby levied, and there shall
be annually assessed and collected in due time, form, and
manner , a tax on all taxable property in the City, within the
limitations prescribed by law, and such tax hereby levied on
each one hundred dollars ' valuation of taxable property in the
City for the Debt Service Requirements of the Bonds shall be at
a rate from year to year as will be ample and sufficient to
provide funds each year to pay the principal of and interest on
said Bonds while Outstanding; full allowance being made for
delinquencies and costs of collection; separate books and
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records relating to the receipt and disbursement of taxes
levied, assessed and collected for and on account of the Bonds
shall be kept and maintained by the City at all times while the
Bonds are Outstanding, and the taxes collected for the payment
of the Debt Service Requirements on the Bonds shall be
deposited to the credit of a "Special 1986 Bond Account" (the
"Interest and Sinking Fund" ) maintained on the records of the
City and deposited in a special fund maintained at an official
depository of the City' s funds; and such tax hereby levied, and
to be assessed and collected annually, is hereby pledged to the
payment of the Bonds .
Proper officers of the City are hereby authorized and
directed to cause to be transferred to the Paying Agent/
Registrar for the Bonds, from funds on deposit in the Interest
and Sinking Fund, amounts sufficient to fully pay and discharge
promptly each installment of interest and principal of the
Bonds as the same accrues or matures or comes due by reason of
redemption prior to maturity; such transfers of funds to be
made in such manner as will cause collected funds to be
deposited with the Paying Agent/Registrar on or before each
principal and interest payment date for the Bonds .
SECTION 10 : Mutilated-Destroyed-Lost and Stolen Bonds .
In case any Bond shall be mutilated, or destroyed, lost or
stolen, the Paying Agent/Registrar, subject to City approval
and in its discretion, may execute and deliver a replacement
Bond of like form and tenor, and in the same denomination and
bearing a number not contemporaneously outstanding, in exchange
and substitution for such mutilated Bond, or in lieu of and in
substitution for such destroyed, lost or stolen Bond, only upon
(i) the filing by the Holder thereof with the Paying
Agent/Registrar of evidence satisfactory to the Paying
Agent/Registrar of the destruction, loss or theft of such Bond,
and of the authenticity of the ownership thereof and (ii) the
furnishing to the Paying Agent/Registrar of indemnification in
an amount satisfactory to hold the City and the Paying
Agent/Registrar harmless . All expenses and charges associated
with such indemnity and with the preparation, execution and
delivery of a replacement Bond shall be borne by the Holder of
the Bond mutilated, or destroyed, lost or stolen.
Every replacement Bond issued pursuant to this Section
shall be a valid and binding obligation, and shall be entitled
to all the benefits of this Ordinance equally and ratably with
all other Outstanding Bonds; notwithstanding the enforceability
of payment by anyone of the destroyed, lost, or stolen Bonds .
The provisions of this Section are exclusive and shall
preclude (to the extent lawful) all other rights and remedies
with respect to the replacement and payment of mutilated,
destroyed, lost or stolen Bonds .
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SECTION 11 : Satisfaction of Obligation of City. If the
City shall pay or cause to be paid, or there shall otherwise be
paid to the Holders, the principal of , premium, if any, and
interest on the Bonds, at the times and in the manner
stipulated in this Ordinance, then the pledge of taxes levied
under this Ordinance and all covenants, agreements , and other
obligations of the City to the Holders shall thereupon cease,
terminate, and be discharged and satisfied.
Bonds or any principal amount(s) thereof shall be deemed
to have been paid within the meaning and with the effect
expressed above in this Section when (i) money sufficient to
pay in full such Bonds or the principal amount(s) thereof at
maturity or to the redemption date therefor, together with all
interest due thereon, shall have been irrevocably deposited
with and held in trust by the Paying Agent/Registrar, or an
authorized escrow agent, or (ii) Government Securities shall
have been irrevocably deposited in trust with the Paying
Agent/Registrar , or an authorized escrow agent, which
Government Securities have been certified by an independent
accounting firm to mature as to principal and interest in such
amounts and at such times as will insure the availability,
without reinvestment, of sufficient money, together with any
moneys deposited therewith, if any, to pay when due the
principal of and ., intex?. t__._.on ,such, Bonds, —.or—_-the --principal
amount(s) thereof , on and prior to the Stated Maturity thereof
or ( if notice of redemption has been duly given or waived or if
irrevocable arrangements therefor acceptable to the Paying
Agent/ Registrar have been made) the redemption date thereof .
The City covenants that no deposit of moneys or Government
Securities will be made under this Section and no use made of
any such deposit which would cause the Bonds to be treated as
"arbitrage bonds" within the meaning of Section 103(c) of the
Internal Revenue Code of 1954 , as amended, or regulations
adopted pursuant thereto.
Any moneys so deposited with the Paying Agent/ Registrar,
or an authorized escrow agent, and all income from Government
Securities held in trust by the Paying Agent/Registrar, or an
authorized escrow agent , pursuant to this Section which is not
required for the payment of the Bonds, or any principal
amount(s) thereof, or interest thereon with respect to which
such moneys have been so deposited shall be remitted to the
City or deposited as directed by the City. Furthermore, any
money held by the Paying Agent/Registrar for the payment of the
principal of and interest on the Bonds and remaining unclaimed
for a period of four (4) years after the Stated Maturity, or
applicable redemption date, of the Bonds such moneys were
deposited and are held in trust to pay shall upon the request
of the City be remitted to the City against a written receipt
therefor.
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•
cy
The term "Government Securities" , as used herein, means
direct obligations of, or obligations the principal of and
interest on which are unconditionally guaranteed by, the United
States of America , which are non-callable prior to the
respective Stated Maturities of the Bonds and may be United
States Treasury Obligations such as the State and Local
Government Series and may be in book-entry form.
SECTION 12 : Ordinance a Contract -Amendments - Outstanding
Bonds . This Ordinance shall constitute a contract with the
Holders from time to time, be binding on the City, and shall
not be amended or repealed by the City so long as any Bond
remains Outstanding except as permitted in this Section. The
City may, without the consent of or notice to any Holders, from
time to time and at any time, amend this Ordinance in any
manner not detrimental to the interests of the Holders,
including the curing of any ambiguity, inconsistency, or formal
defect or omission herein. In addition, the City may, with the
consent of Holders holding a majority in aggregate principal
amount of the Bonds then Outstanding affected thereby, amend,
add to, or rescind any of the provisions of this Ordinance;
provided that, without the consent of all Holders of
Outstanding Bonds, no such amendment, addition, or rescission
shall (1) extend ±hs_ time s r_ tiMes _of _payment of the principal
of , premium, if any, and interest on the Bonds, reduce the
principal amount thereof, the redemption price therefor, or the
rate of interest thereon, or in any other way modify the terms
of payment of the principal of, premium, if any, or interest on
the Bonds, (2) give any preference to any Bond over any other
Bond, or (3) reduce the aggregate principal amount of Bonds
required to be held by Holders for consent to any such
amendment, addition, or rescission.
The term "Outstanding" when used in this Ordinance with
respect to Bonds means, as of the date of determination, all
Bonds theretofore issued and delivered under this Ordinance,
except :
(1) those Bonds cancelled by the Paying
Agent/Registrar or delivered to the Paying
Agent/Registrar for cancellation;
(2) those Bonds deemed to be duly paid by
the City in accordance with the provisions of
Section 11 hereof by the irrevocable deposit with
the Paying Agent/Registrar, or an authorized
escrow agent, of money or Government Securities,
or both, in the amount necessary to fully pay the
principal of , premium, if any, and interest
thereon to maturity or redemption, as the case may
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be, provided that , if such Bonds are to be
redeemed, notice of redemption thereof shall have
been duly given pursuant to this Ordinance or
irrevocably provided to be given to the
satisfaction of the Paying Agent/Registrar, or
waived; and
(3) those mutilated, destroyed, lost, or
stolen Bonds which have been replaced with Bonds
registered and delivered in lieu thereof as
provided in Section 10 hereof .
SECTION 13 : No-Arbitrage Certification. The City hereby
certifies and covenants that the proceeds of the Bonds are
needed at this time for the purposes identified in Section 1
hereof; based on current facts , estimates and circumstances, it
is reasonably expected all of the spendable proceeds of the
Bonds will be expended within three years from the date of the
receipt thereof by the City; it is not reasonably expected the
proceeds of the Bonds or moneys deposited in the Interest and
Sinking Fund created for the payment of the Bonds will be used
or invested in a manner that would cause the Bonds to be
"arbitrage bonds" within the meaning of Section 103(c) of the
Internal Revenue Code of 1954 , as amended, . or- any--- regulations — ---
or published rulings pertaining thereto; and save and except
for the Interest and Sinking Fund, no other funds or accounts
have been established or pledged for the payment of the Bonds .
SECTION 14 : Sale of the Bonds . The sale of the Bonds
to
(herein
referred to as the "Purchasers" ) at the price of par and
accrued interest to the date of delivery plus a premium of
$ is hereby approved and confirmed. Delivery of the
Bonds to the Purchasers shall occur as soon as possible upon
payment being made therefor in accordance with the terms of
sale.
SECTION 15 : Control and Custody of Bonds . The Mayor of
the City shall be and is hereby authorized to take and have
charge of all necessary orders and records pending
investigation by the Attorney General -of the State of Texas,
including the printing and supply of definitive Bonds , and
shall take and have charge and control of the Initial Bond(s)
pending the approval thereof by the Attorney General , the
registration thereof by the Comptroller of Public Accounts and
the delivery thereof to the Purchasers .
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•
Furthermore, the Mayor, City Secretary, City Manager and
Director of Finance, any one or more of said officials, are
hereby authorized and directed to furnish and execute such
documents relating to the City and its financial affairs as may
be necessary for the issuance of the Bonds, the approval of the
Attorney General and the registration by the Comptroller of
Public Accounts and, together with the City' s financial
advisor , bond counsel and the Paying Agent/Registrar, make the
necessary arrangements for the delivery of the Initial Bond(s)
to the Purchasers and the initial exchange thereof for
definitive Bonds .
SECTION 16 : Official Statement . The Official Statement
prepared in the initial offering and sale of the Bonds by the
City, together with all addendas, supplements and amendments
thereto issued on behalf of the City, is hereby approved as to
form and content , and the City Council hereby finds that the
information and data contained in said Official Statement
pertaining to the City and its financial affairs is true and
correct in all material respects and no material facts have
been omitted therefrom which are necessary to make the
statements therein, in light of the circumstances under which
they were made, not misleading . The use of such Official
Statement in the reoffering of the Bonds b_ y the Purchasers is
hereby approved and authorized.
SECTION 17 : Notices to Holders-Waiver . Wherever this
Ordinance provides for notice to Holders of any event , such
notice shall be sufficiently given (unless otherwise herein
expressly provided) if in writing and sent by United States
Mail , first class postage prepaid, to the address of each
Holder appearing in the Security Register at the close of
business on the business day next preceding the mailing of such
notice.
In any case where notice to Holders is given by mail ,
neither the failure to mail such notice to any particular
Holders, nor any defect in any notice so mailed, shall affect
the sufficiency of such notice with respect to all other
Bonds . Where this Ordinance provides for notice in any manner ,
such notice may be waived in writing by the Holder entitled
to receive such notice, either before or after the event with
respect to which such notice is given, and such waiver shall be
the equivalent of such notice. Waivers of notice by Holders
shall be filed with the Paying Agent/Registrar, but such filing
shall not be a condition precedent to the validity of any
action taken in reliance upon such waiver.
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4�
SECTION 18 : Cancellation. All Bonds surrendered for
payment, redemption, transfer , exchange, or replacement , if
surrendered to the Paying Agent/Registrar, shall be promptly
cancelled by it and, if surrendered to the City, shall be
delivered to the Paying Agent/Registrar and, if not already
cancelled, shall be promptly cancelled by the Paying
Agent/Registrar . The City may at any time deliver to the
Paying Agent/Registrar for cancellation any Bonds previously
certified or registered and delivered which the City may have
acquired in any manner whatsoever, and all Bonds so delivered
shall be promptly cancelled by the Paying Agent/Registrar . All
cancelled Bonds held by the Paying Agent/Registrar shall be
returned to the City.
SECTION 19 : Printed Opinion. The Purchasers '
obligation to accept delivery of the Bonds is subject to being
furnished a final opinion of Fulbright & Jaworski , Attorneys,
Dallas, Texas , approving the Bonds as to their validity, said
opinion to be dated and delivered as of the date of delivery
and payment for the Bonds . Printing of a true and correct
reproduction of said opinion on the reverse side of each of the
definitive Bonds is hereby approved and authorized.
SECTION 20 : CUSIP Numbers . CUSIP numbers may _ be
printed or typed on the definitive Bonds . It is expressly
provided, however, that the presence or absence of CUSIP
numbers on the definitive Bonds shall be of no significance or
effect as regards the legality thereof and neither the City nor
attorneys approving the Bonds as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on
the definitive Bonds .
SECTION 21 : Benefits of Ordinance. Nothing in this
Ordinance, expressed or implied, is intended or shall be
construed to confer upon any person other than the City, the
Paying Agent/Registrar and the Holders, any right, remedy, or
claim, legal or equitable, under or by reason of this Ordinance
or any provision hereof , this Ordinance and all its provisions
being intended to be and being for the sole and exclusive
benefit of the City, the Paying Agent/Registrar and the Holders .
SECTION 22 : Inconsistent Provisions . All ordinances,
orders or resolutions, or parts thereof, which are in conflict
or inconsistent with any provision of this Ordinance are hereby
repealed to the extent of such conflict, and the provisions of
this Ordinance shall be and remain controlling as to the
matters contained herein.
SECTION 23 : Governing Law. This Ordinance shall be
construed and enforced in accordance with the laws of the State
of Texas and the United States of America .
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T I
SECTION 24 : Effect of Headings . The Section headings
herein are for convenience only and shall not affect the
construction hereof .
SECTION 25 : Construction of Terms . If appropriate in
the context of this Ordinance, words of the singular number
shall be considered to include the plural , words of the plural
number shall be considered to include the singular, and words
of the masculine, feminine or neuter gender shall be considered
to include the other genders .
SECTION 26 : Severability. If any provision of this
Ordinance or the application thereof to any circumstance shall
be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless
be valid, and the City Council hereby declares that this
Ordinance would have been enacted without such invalid
provision.
SECTION 27 : Public Meeting . It is officially found,
determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice
of the time, place, and subject matter of the public business
to be considered at such meeting, including this Ordinance, was
given, all as required by Article 6252-17, Vernon' s Texas Civil
Statutes, as amended.
SECTION 28 : Effective Date. This Ordinance shall be in
force and effect from and after its passage on the date shown
below and it is so ordained.
PASSED AND ADOPTED, this August 12 , 1986 .
CITY OF WYLIE, TEXAS
Mayor PROM!
ATTEST:
City Secretary
(City Seal)
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A RESOLUTION approving and authorizing the execution
•
of a "Paying Agent/Registrar Agreement" in
relation to the "City of Wylie, Texas, General
Obligation Bonds, Series 1986" and resolving
other matters incident and related thereto .
WHEREAS, on this date the City Council of the City of
Wylie, Texas authorized the issuance of "City of Wylie, Texas ,
General Obligation Bonds , Series 1986" , in the principal amount
of $1, 800, 000 (the "Securities") ; such securities to be issued
in fully registered form only; and
WHEREAS, in relation to the payment , registration,
transfer and exchange of said Securities , the Paying
Agent/Registrar selected therefor is MBank Dallas , N.A. ,
Dallas, Texas; and
WHEREAS, a "Paying Agent/Registrar Agreement" by and
between the City and said Bank has been prepared and submitted
to the City Council for approval and execution, such Agreement ,
setting forth the duties and responsibilities of the Paying
Agent/Registrar for such Securities , being attached hereto as
Exhibit A and incorporated herein by reference as a part of
this Resolution for all purposes; and
WHEREAS, the City Council hereby finds and determines that
such "Paying Agent/Registrar Agreement" should be approved and _
execution of the same for and on behalf of the City authorized;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS that the "Paying Agent/Registrar Agreement" by and
between the City and MBank Dallas, N.A. , Dallas, Texas relating
to the above described Securities, attached hereto as
Exhibit A, is hereby approved as to form and content, and the
Mayor and City Secretary of the City are hereby authorized and
directed to execute such Agreement in substantially the same
form and content herein approved for and on behalf of the City
and as the act and deed of this City Council .
PASSED AND APPROVED, this August 12 , 1986 .
CITY OF WYLIE, TEXAS
ATTEST: Mayor PRO TEM
City Secretary
(City Seal)
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
THIS AGREEMENT entered into as of August 12 , 1986 (this
"Agreement" ) , by and between the City of Wylie, Texas (the
" Issuer" ) , and MBank Dallas , N.A. , Dallas, Texas, a banking
association duly organized and existing under the laws of the
United States of America, (the "Bank" ) .
RECITALS
WHEREAS, the Issuer has duly authorized and provided for
the issuance of its "City of Wylie, Texas, General Obligation
Bonds, Series 1986" (the "Securities" ) in the aggregate
principal amount of $1, 800, 000, such Securities to be issued in
fully registered form only as to the payment of principal and
interest thereon; and
WHEREAS, the Securities are scheduled to be delivered to
the initial purchasers thereof on or about August 28 , 1986 ; and
WHEREAS, the Issuer has selected the Bank to serve as
Paying Agent/Registrar in connection with the payment of the
principal of , premium, if any, and interest on said Securities _ _
and with respect -to—the—registration, transfer and exchange
thereof by the registered owners thereof ; and
WHEREAS, the Bank has agreed to serve in such capacities
for and on behalf of the Issuer and has full power and
authority to perform and serve as Paying Agent/Registrar for
the Securities ;
NOW, THEREFORE, it is mutually agreed as follows :
ARTICLE ONE
APPOINTMENT OF BANK AS
PAYING AGENT AND REGISTRAR
Section 1 . 01. Appointment .
The Issuer hereby appoints the Bank to serve as Paying
Agent with respect to the Securities, and, as Paying Agent for
the Securities, the Bank shall be responsible for paying on
behalf of the Issuer the principal, premium ( if any) , and
interest on the Securities as the same become due and payable
to the registered owners thereof; all in accordance with this
Agreement and the "Bond Resolution" (hereinafter defined) .
• 1
The Issuer hereby appoints the Bank as Registrar with respect
to the Securities and, as Registrar for the Securities, the
Bank shall keep and maintain for and on behalf of the Issuer
books and records as to the ownership of said Securities and
with respect to the transfer and exchange thereof as provided
herein and in the "Bond Resolution" .
The Bank hereby accepts its appointmert, and agrees to
serve as the Paying Agent and Registrar for the Securities .
Section 1 . 02 . Compensation.
As compensation for the Bank' s services as Paying
Agent/Registrar, the Issuer hereby agrees to pzy the Bank the
fees and amounts set forth in Annex A attached hereto for the
first year of this Agreement and thereafter the fees and
amounts set forth in the Bank' s current fee scr:edule then in
effect for services as Paying Agent/Registrar for
municipalities, which shall be supplied to the Issuer on or
before 90 days prior to the close of the Fiscal Year of the
Issuer, and shall be effective upon the first day of the
following Fiscal Year .
In addition, the Issuer agrees to reimburse the Bank upon
its request for all reasonable expenses, disbursements and
advances incurred or made by the Bank in accordance with any of
the provisions hereof (including the reasonable compensation
and the expenses and disbursements of its agents and counsel) .
ARTICLE TWO
DEFINITIONS
Section 2 .01 . Definitions .
For all purposes of this Agreement, except as otherwise
expressly provided or unless the context otherwise requires :
"Acceleration Date" on any Security means the date on
and after which the principal or any or all installments
of interest, or both, are due and payable on any Security
which has become accelerated pursuant to the terms of the
Security.
"Bank Office" means the principal corporate trust
office of the Bank as indicated on page 12 hereof. The
Bank will notify the Issuer in writing of any change in
location of the Bank Office.
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•
//7
Assistant Cashier, any Trust Officer or Assistant Trust
Officer, or any other officer of the Bank customarily
performing functions similar to those performed by any of
the above designated officers and also means , with respect
to a particular corporate trust matter, any other officer
to whom such matter is referred because of his knowledge
of and familiarity with the particular subject .
"Security Register" means a register maintained by
the Bank on behalf of the Issuer providing for the
registration and transfers of Securities .
"Stated Maturity" means the date specified in the
Bond Resolution the principal of a Security is scheduled
to be due and payable .
Section 2 . 02 . Other Definitions .
The terms "Bank, " "Issuer, " and "Securities (Security) "
have the meanings assigned to them in the recital paragraphs of
this Agreement.
The term "Paying Agent/Registrar" refers to the Bank in
the performance of the duties and functions of this Agreement .
ARTICLE THREE
PAYING AGENT
Section 3 . 01 . Duties of Paying Agent .
As Paying Agent, the Bank shall , provided adequate
collected funds have been provided to it for such purpose by or
on behalf of the Issuer, pay on behalf of the Issuer the
principal of each Security at its Stated Maturity, Redemption
Date, or Acceleration Date, to the Holder upon surrender of the
Security to the Bank at the Bank Office.
As Paying Agent, the Bank shall , provided adequate
collected funds have been provided to it for such purpose by or
on behalf of the Issuer, pay on behalf of the Issuer the
interest on each Security when due, by computing the amount of
interest to be paid each Holder and preparing and sending
checks by United States Mail , first class postage prepaid, on
each payment date, to the Holders of the Securities (or their
Predecessor Securities) on the Record Date, to the address
appearing on the Security Register or by such other method,
acceptable to the Bank, requested in writing by the Holder at
the Holder ' s risk and expense.
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Section 3 . 02 . Payment Dates .
The Issuer hereby instructs the Bank to pay the principal
of and interest on the Securities at the dates specified in the
Bond Resolution.
ARTICLE FOUR
REGISTRAR
Section 4 . 01 . Security Register - Transfers and Exchanges .
The Bank agrees to keep and maintain for and on behalf of
the Issuer at the Bank Office books and records (herein
sometimes referred to as the "Security Register") for recording
the names and addresses of the Holders of the Securities , the
transfer, exchange and replacement of the Securities and the
payment of the principal of and interest on the Securities to
the Holders and containing such other information as may be
reasonably required by the Issuer and subject to such
reasonable regulations as the Issuer and Bank may prescribe.
All transfers, exchanges and replacement of Securities shall be
noted in the Security Register .
Every Security "siirrendeTed for-transfer or exchange shall
be duly endorsed or be accompanied by a written instrument of
transfer, the signature on which has been guaranteed by an
officer of a federal or state bank or a member of the National
Association of Securities Dealers , in form satisfactory to the
Bank, duly executed by the Holder thereof or his agent duly
authorized in writing .
The Bank may request any supporting documentation it feels
necessary to effect a re-registration, transfer or exchange of
the Securities .
To the extent possible and under reasonable circumstances,
the Bank agrees that, in relation to an exchange or transfer of
Securities, the exchange or transfer by the Holders thereof
will be completed and new Securities delivered to the Holder or
the assignee of the Holder in not more than three (3) business
days after the receipt of the Securities to be cancelled in an
exchange or transfer and the written instrument of transfer or
request for exchange duly executed by the Holder, or his duly
authorized agent , in form and manner satisfactory to the Paying
Agent/Registrar .
-5-
Section 4 . 02 . Certificates .
The Issuer shall provide an adequate inventory of printed
Securities to facilitate transfers or exchanges thereof . The
Bank covenants that the inventory of printed Securities will be
kept in safekeeping pending their use and reasonable care will
be exercised by the Bank in maintaining such Securities in
safekeeping, which shall be not less than the care maintained
by the Bank for debt securities of other governments or
corporations for which it serves as registrar, or that is
maintained for its own securities .
Section 4 . 03 . Form of Security Register .
The Bank, as Registrar, will maintain the Security
Register relating to the registration, payment, transfer and
exchange of the Securities in accordance with the Bank' s
general practices and procedures in effect from time to time.
The Bank shall not be obligated to maintain such Security
Register in any form other than those which the Bank has
currently available and currently utilizes at the time.
The Security Register may be maintained in written form or
in any other form capable of being converted into written form
within a reasonable time.
Section 4 . 04 . List of Security Holders .
The Bank will provide the Issuer at any time requested by
the Issuer, upon payment of the required fee, a copy of the
information contained in the Security Register. The Issuer may
also inspect the information contained in the Security Register
at any time the Bank is customarily open for business, provided
that reasonable time is allowed the Bank to provide an
up-to-date listing or to convert the information into written
form.
The Bank will not release or disclose the contents of the
Security Register to any person other than to, or at the
written request of, an authorized officer or employee of the
Issuer, except upon receipt of a subpoena or court order . Upon
receipt of a subpoena or court order the Bank will notify the
Issuer so that the Issuer may contest the subpoena or court
order .
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1
Section 4 . 05 . Return of Cancelled Certificates .
The Bank will , at such reasonable intervals as it
determines, surrender to the Issuer , Securities in lieu of
which or in exchange for which other Securities have been
issued, or which have been paid.
Section 4 . 06 . Mutilated, Destroyed, Lost or Stolen Securi-
ties .
The Issuer hereby instructs the Bank, subject to the
provisions of Section 10 of the Bond Resolution, to deliver and
issue Securities in exchange for or in lieu of mutilated,
destroyed, lost , or stolen Securities as long as the same does
not result in an overissuance.
In case any Security shall be mutilated, or destroyed,
lost or stolen, the Bank, in its discretion, may execute and
deliver a replacement Security of like form and tenor, and in
the same denomination and bearing a number not
contemporaneously outstanding, in exchange and substitution for
such mutilated Security, or in lieu of and in substitution for
such destroyed lost or stolen Security, only upon (i) the
filing by the Holder thereof with the Bank of evidence
satisfactory to - the-Bank- of the -destruction, loss or theft of
such Security, and of the authenticity of the ownership thereof
and (ii) the furnishing to the Bank of indemnification in an
amount satisfactory to hold the Issuer and the Bank harmless .
All expenses and charges associated with such indemnity and
with the preparation, execution and delivery of a replacement
Security shall be borne by the Holder of the Security
mutilated, or destroyed, lost or stolen.
Section 4 . 07 . Transaction Information to Issuer .
The Bank will, within a reasonable time after receipt of
written request from the Issuer, furnish the Issuer information
as to the Securities it has paid pursuant to Section 3 . 01,
Securities it has delivered upon the transfer or exchange of
any Securities pursuant to Section 4 . 01, and Securities it has
delivered in exchange for or in lieu of mutilated, destroyed,
lost, or stolen Securities pursuant to Section 4 . 06 .
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•
ARTICLE FIVE
THE BANK
Section 5 . 01 . Duties of Bank.
The Bank undertakes to perform the duties set forth herein
and agrees to use reasonable care in the performance thereof .
Section 5 . 02 . Reliance on Documents, Etc.
(a) The Bank may conclusively rely, as to the truth of
the statements and correctness of the opinions expressed
therein, on certificates or opinions furnished to the Bank.
(b) The Bank shall not be liable for any error of
judgment made in good faith by a Responsible Officer, unless it
shall be proved that the Bank was negligent in ascertaining the
pertinent facts .
(c) No provisions of this Agreement shall require the
Bank to expend or risk its own funds or otherwise incur any
financial liability for performance of any of its duties
hereunder, or in the exercise of any of its rights or powers,
if it shall have reasonable grounds for believing that
repayment of such funds or adequate indemnity satisfactory to
it against such risks or liability is not assured to it .
(d) The Bank may rely and shall be protected in acting or
refraining from acting upon any resolution, certificate,
statement, instrument , opinion, report , notice, request,
direction, consent, order, bond, note, security, or other paper
or document believed by it to be genuine and to have been
signed or presented by the proper party or parties . Without
limiting the generality of the foregoing statement, the Bank
need not examine the ownership of any Securities, but is
protected in acting upon receipt of Securities containing an
endorsement or instruction of transfer or power of transfer
which appears on its face to be signed by the Holder or an
agent of the Holder . The Bank shall not be bound to make any
investigation into the facts or matters stated in a resolution,
certificate, statement , instrument , opinion, report , notice,
request, direction, consent, order, bond, note, security, or
other paper or document supplied by Issuer .
(e) The Bank may consult with counsel, and the written
advice of such counsel or any opinion of counsel shall be full
and complete authorization and protection with respect to any
action taken, suffered, or omitted by it hereunder in good
faith and in reliance thereon.
-8-
(f) The Bank may exercise any of the powers hereunder and
perform any duties hereunder either directly or by or through
agents or attorneys of the Bank.
Section 5 . 03 . Recitals of Issuer .
The recitals contained herein with respect to the Issuer
and in the Securities shall be taken as the statements of the
Issue: , and the Bank assumes no responsiblity for their
correctness .
The Bank shall in no event be liable to the Issuer, any
Holder cr Holders of any Security, or any other Person for any
amount die on any Security from its own funds.
Sect on 5 . 04 . May Hold Securities .
The iank, in its individual or any other capacity, may
become the owner or pledgee of Securities and may otherwise
deal with the Issuer with the same rights it would have if it
were not the Paying Agent/Registrar, or any other agent .
Section 5 . 05 . Moneys Held by Bank.
Money held by the Bank hereunder need not be segregated
from any other funds provided appropriate trust accounts are
maintained in the name and for the benefit of the Issuer .
The Bank shall be under no liability for interest on any
money received by it hereunder .
Any money deposited with the Bank for the payment of the
principal , premium ( if any) , or interest on any Security and
remaining unclaimec for four years after final maturity of the
Security has become due and payable will be paid by the Bank to
the Issuer, and the Holder of such Security shall thereafter
look only to the Issuer for payment thereof, and all liability
of the Bank with re_-Fect to such moneys shall thereupon cease.
Section 5 . 06 . Indemnification.
The Issuer agrees to indemnify the Bank for, and hold it
harmless against , any loss , liability, or expense incurred
without negligence or b,=d faith on its part, arising out of or
in connection with its acceptance or administration of its
duties hereunder, including the cost and expense against any
claim or liability in connection with the exercise or
performance of any of its powers or duties under this
Agreement .
-9-
Section 5 . 07 . Interpleader .
The Issuer and the Bank agree that the Bank may seek
adjudication of any adverse claim, demand, or controversy over
its person as well as funds on deposit , in either a Federal or
State District Court located in the State and County where
either the Bank Office or the administrative offices of the
Issuer is located, and agree that service of process by
certified or registered mail , return receipt requested, to the
address referred to in Section 6 . 03 of this Agreement shall
constitute adequate service. The Issuer and the Bank further
agree that the Bank has the right to file a Bill of
Interpleader in any court of competent jurisdiction to
determine the rights of any Person claiming any interest
herein.
ARTICLE SIX
MISCELLANEOUS PROVISIONS
Section 6 . 01 . Amendment.
This Agreement may be amended only by an agreement in
writing signed by both of the parties hereto.
Section 6 . 02 . Assignment .
This Agreement may not be assigned by either party without
the prior written consent of the other .
Section 6 . 03 . Notices .
Any request , demand, authorization, direction, notice,
consent , waiver, or other document provided or permitted hereby
to be given or furnished to the Issuer or the Bank shall be
mailed or delivered to the Issuer or the Bank, respectively, at
the addresses shown on page 12 .
Section 6 . 04 . Effect of Headings .
The Article and Section headings herein are for
convenience only and shall not affect the construction hereof .
Section 6 . 05 . Successors and Assigns .
All covenants and agreements herein by the Issuer shall
bind its successors and assigns, whether so expressed or not .
-10-
Section 6 . 06 . Severability.
In case any provision herein shall be invalid, illegal , or
unenforceable, the validity, legality, and enforceability of
the remaining provisions shall not in any way be affected or
impaired thereby.
Section 6 . 07 . Benefits of Agreement .
Nothing herein, express or implied, shall give to any
Person, other than the parties hereto and their successors
hereunder, any benefit or any legal or equitable right , remedy,
or claim hereunder .
Section 6 . 08. Entire Agreement .
This Agreement and the Bond Resolution constitute the
entire agreement between the parties hereto relative to the
Bank acting as Paying Agent/Registrar and if any conflict
exists between this Agreement and the Bond Resolution, the Bond
Resolution shall govern.
Section 6 . 09 . Counterparts .
This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and all
of which shall constitute one and the same Agreement .
Section 6 . 10 . Termination.
This Agreement will terminate (i) on the date of final
payment of the principal of and interest on the Securities to
the Holders thereof or ( ii ) may be earlier terminated by either
party upon sixty (60) days written notice; provided, however,
an early termination of this Agreement by either party shall
not be effective until (a) a successor Paying Agent/Registrar
has been appointed by the Issuer and such appointment accepted
and (b) notice given to the Holders of the Securities of the
appointment of a successor Paying Agent/Registrar.
Furthermore, the Bank and Issuer mutually agree that the
effective date of an early termination of this Agreement shall
not occur at any time which would disrupt, delay or otherwise
adversely affect the payment of the Securities .
Upon an early termination of this Agreement, the Bank
agrees to promptly transfer and deliver the Security Register
(or a copy thereof) , together with other pertinent books and
records relating to the Securities , to the successor Paying
Agent/Registrar designated and appointed by the Issuer.
-11-
while same is in session, or adjacent to any
hospital , which unreasonably interferes with the
operation of such institution; provided,
conspicuous signs are displayed or other evidence
is available indicating school or hospital zones,
or that such institutions are schools or
hospitals .
7 . The creation of any loud and excessive noise in
connection with the loading or unloading of any
vehicle or the opening or destruction of bales,
boxes, crates or containers.
8 . The raucous shouting or crying of peddlers,
hawkers and vendors which disturbs the peace and
quiet of the neighborhood.
9 . The loud speaking, preaching, orating or exhorting
by any person upon any public street or sidewalk
within the corporate limits of the city.
10 . The use of any drum, loud-speaker, or other
instrument or device for the purpose of attracting
attention by theatre, motion picture house, sale
of merchandise or display, which causes crowds or
people to block or congregate upon the sidewalks
or streets near or adjacent thereto.
11 . The excessive spinning of the tires of any motor
vehicle, or the racing of its engine
unnecessarily, which disturbs the peace and quiet
of the neighborhood.
SECTION 3 . PENALTY
1 . Any person or corporation violating any of the
provisions of this ordinance, shall , upon
conviction, be fined an amount not to exceed the
maximum established by State law, and each and
every day that the provisions of this ordinance
are violated shall constitute a separate and
distinct offense. In addition to the said penalty
provided for , the right is hereby conferred and
extended upon any property owner and/or occupant
affected or invaded, by a violation of the terms
of the ordinance, to bring suit in such court or
courts having jurisdiction thereof and obtain such
remedies as may be available at law and equity in
the protection of the rights of such property
owners and/or occupants.
SECTION 4 . SEVERABILITY
1 . If any section, paragraph, subdivision, clause,
phrase or provision of this ordinance shall be
adjudged invalid or held unconstitutional , by a
court of competent jurisdiction, 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 or
unconstitutional .
SECTION 5 . PUBLICATION
1 . The caption of this ordinance shall be published
one time in the Wylie News, the official newspaper
of the City of Wylie.
SECTION 6 . EFFECTIVE DATE
1 . This ordinance shall become effective upon passage
and approval of the City Council of the City of
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL
SUBDIVISION OF THE STATE OF TEXAS, MAKING IT UNLAWFUL FOR
ANY PERSON TO MAKE OR CAUSE ANY UNREASONABLY LOUD,
DISTURBING OR UNNECESSARY NOISE WHICH CAUSES OR MAY CAUSE
MATERIAL DISTRESS, DISCOMFORT OR INJURY TO PERSONS OF
ORDINARY SENSIBILITIES IN THE IMMEDIATE VICINITY THEREOF;
PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY AND
PROVIDING FOR PUBLICATION AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT MADE KNOWN BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS THAT THEY, AS THE GOVERNING BODY OF THE CITY OF WYLIE,
TEXAS, DO HEREBY ORDAIN THE FOLLOWING:
SECTION 1 . GENERAL
1 . It shall be unlawful for any person to make or
cause any unreasonably loud, disturbing,
unnecessary noise which causes or may cause
material distress, discomfort or injury to persons
of ordinary sensibilities in the immediate
vicinity thereof .
2 . It shall be unlawful for any person to make or
cause any noise of such character, intensity and
continued duration as to substantially interfere
with the comfortable enjoyment of private homes by
persons of ordinary sensibilities.
SECTION 2 . ACTS CREATING, ENUMERATED
1 . The playing or any phonograph, television, radio
or any musical instrument in such manner or with
such volume, particularly between the hours of
10 :00 PM and 7 :00 AM, as to annoy or disturb the
quiet, comfort or repose of persons of ordinary
sensibilities in any dwelling, hotel or other type
or residence.
2 . The use of any stationary loud-speaker, amplifier
or musical instrument in such manner or with such
volume in the immediate vicinity thereof,
particularly between the hours of 10:00 PM and
7 :00 AM; provided however, that the City Council
may make exceptions upon application when the
public interest will be served thereby.
3 . The blowing of any steam whistle attached to any
stationary boiler or the blowing of any other loud
or far-reaching steam whistle within the corporate
limits, except to give notice of the time to begin
or stop work or as a warning of danger .
4 . The use of any mechanical device operated by
compressed air unless the noise created is
effectively muffled and reduced.
5 . The erection, excavation, demolition, alteration
or repair work on any building at any time other
than between the hours of 6 : 00 AM to 9 :00 PM
Monday through Saturday and 12 :00 Noon to 6 :00 PM
on Sunday provided however , the City Manager or
his designated representative may issue special
permits for such work at other hours in case of
urgent necessity and in the interest of public
safety and convenience.
6 . The creation of any excessive noise on any street
adjacent to any school or institution of learning
1
The provisions of Section 1 . 02 and of Article Five shall
survive and remain in full force and effect following the
termination of this Agreement .
Section 6 . 11. Governing Law.
This Agreement shall be construed in accordance with and
governed by the laws of the State of Texas .
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first above written.
MBANK DALLAS, N.A. , Dallas, Texas
BY
Title:
[SEAL]
Attest :
Address : P. O. Box 225415
Dallas, Texas 75265
Title:
CITY OF WYLIE, TEXAS
BY
Mayor PRO TEM
(CITY SEAL)
Address : P. O. Box 428
Attest : Wylie, Texas 75098
City Secretary
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Wylie, Texas, and publication of the caption in
the official newspaper of the City of Wylie.
PASSED AND APPROVED, BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS ON THIS THE DAY OF 1986.
Joe Fulgham, Mayor Pro Tem
ATTEST :
Carolyn Jones, City Secretary
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL
SUBDIVISION OF THE STATE OF TEXAS, PROHIBITING GATHERINGS ON
PUBLIC STREETS AND THOROUGHFARES EXCEPT UNDER CERTAIN
CONDITIONS, PRESCRIBED IN THIS ORDINANCE; PROVIDING FOR A
FEE; PROVIDING FOR AN EFFECTIVE DATE.
SECTION 1 . Parties, gatherings etc. which involve the
blocking or closing off of public streets and/or
thoroughfares are probibited in the City of Wylie
EXCEPT under the circumstances and provisions
listed below.
1 . Contact the Chief of Police of the City of
Wylie, or his designated representative and
advise of the date and time of the desired
party.
2 . The Chief of Police or his designated
representative will advise the organizer (s)
of the following:
a. Must have letter signed by residents
affected by such party, giving their
consent and approval of such party, to
be placed on file with the Police
Department.
b. Contact the Director of Public Works, or
designated representative and make
arrangements to pick up city barricades
with which to block off street where
party is to be held.
c. Streets must be left open to the extent
that emergency vehicles can gain
entrance without delay of any kind.
d. Parties must be conducted in such a
manner as not to be in violation of any
other ordinance of the City particularly
those regarding public nuisance with
excessive noise from loudspeakers etc. ,
public intoxication, and/or disturbing
the peace.
e. A fee will be collected in the amount of
$20.00 by clerk at Public Works Dept. at
the time the barricades are picked up.
Barricades will be picked up after the
party by the Public Works Department on
the next regular working day after the
party.
The Chief of Police, or his designated representative will
be responsible for posting the fact of the block party in
question for the information of the Police Officers on duty
during the hours of the celebration and for the information
of the dispatcher on duty, in case of inquiries by citizens.
SECTION 2 . EFFECTIVE DATE
This ordinance shall become effective immediately
upon passage and approval by the City Council , the
governing body of the City of Wylie, Texas.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE
ON THE DAY OF 1986.
Joe Fulgham, Mayor Pro Tem Carolyn Jones, City Secretary
C��
Collin County Women's S
2701 W. 15th Street, Suite 212 '' i
Plano, Texas 75075
August 2, 1986
The City Council of Wylie
108 South Jackson
Wylie, Texas 75098
Attn. : Mr. Gus Pappas, City Manager
Dear Mr. Pappas:
We thank you for this opportunity to submit a proposal for
grant funding for the Collin County Women ' s Shelter. The
Board of Directors and the standing committees of the Collin
County Coalition for the Prevention of Domestic Violence are
engaged in making this community project a reality. The
achievement of our goal lies in seeking support and funding
on federal, state, and local levels. We are requesting from
you a grant in the amount of $2,000 .
We look forward to meeting with you on August 12, 1986 at
7: 00 P.M. in the Community Room to discuss our program and to
outline our funding needs.
Thank you for your time and interest .
Sincerely,
Kay Christie
Coalition President
KC:mack
, /
•
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.
(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.
Z'
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
ATTAaFIENT—I
TAL M, INC.
Texas Analytical Laboratories for Environmental Monitoring
General Offices: Mailing Address:
'' ;, 'd'` 306 West Broadway Avenue P.O. Box 3270
c'"°'•t "'°'o"''.'"o Fort Worth, Texas 76104 Fort Worth, Texas 76113
taeCylwe VKf PINAtM
817/335.1186 Metro/654-0443
TALEM , INC .
PRICE LIST
MAY 1 , 1985
( R • v . 1 / 86 )
Analysis o/Water, Wastewater, Soils and Hazardous Waste • Environmental Consulting • Technical Training
Industrial Wastes Monitoring • Treatability Studies • Bioassays • Limnological Studies • Industrial Prndl,ai-tc • c„n,r
G✓
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 Wate
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 30 .00
Solid 35 .00
Organic Extraction 50 .00
Density 15 .00
Dissolved Oxygen 15 .00
EDTA 12 .00
F/M Ratio 45 .00
Fluorides 12 .00
Fluorides , Distillation 50 .00
Formaldehyde 35 .00
Hardness 12 .00
Hydrogen Sulfide 20 .00
Jar Test Inquire
Moisture 25 .00
(Karl Fischer or Dean & Stark)
Colored Sample 35 .00
Nitrate 15 .00
Nitric Acid 25 .00
Nitrite 15 .00
Nitrogen, Total Kieldahl 22 .00
Oil and Grease 30 .00
pH 5 .00
Phenol 30 .00
Phosphates
Ortho
Total 15 .00
Phosphorous, Total 20 .00
20 .00
Salinity
Silica 5 .00
Sludge Age 20 .00
30 .00
Sludge Volume Index
30 .00
-1-
7
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-
V G1
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
Methoxychior
Toxaphene
Herbicides
2 ,4 - D
2 ,4 ,5 - TP Silvex
Total Trihalomethanes $ 65 .00
Turbidity $ 5 .00
Coliform, Total $ 20 .00
Radioactivity
Gross Alpha $ 30 .00
Gross Beta 30 .00
Radium 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-
a
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-
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 .
7 V
RECOMMENDATION FOR APPROVAL
AND
ACCEPTANCE
Project Name and Location: Wr<-' C SA '^'G-s Lc,A^1
NB ACTH of AT 4 SF R.e. 7€2,Fc`-.✓ ,d aC s o,✓ a' • Ple& 'A'G/4/A
Date Started: L--'/O " 86, Date Complete L - a D — S'(o
Lab and other tests:
Streets: / A/
Alleys: A/owe
Water Lines : f1'9/74e-G „„%aa z e-#.l �,r,�/,.� w., � oe G/D
Wastewater Lines: f9//
Manholes: "9///6.oc'
Drainage: i1/dw4=
Stormsewage: i(lpw%
We the under sign recommend the acceptence of this pr, 'e' t.
Sub Division Inspector ��1�`y /- . -8
P O
'gn Date
City Engineer "T I LLD - "
Sign Date
Director of Public Works
Sign Date
Accepted by City Council Date 19
Final Inspection Prior to (1 ) year Date 19
Sign
Remarks:
Date of Notification 19
Person or Persons Notified
RECOMMENDATION FOR APPROVAL
AND
ACCEPTANCE
Project Name and Location: 0a71-eF',Q4c t • U . Orfc.61rc- (Jc411_ - L/ti c
Mc- CA a-Q r R 0AD .e Mc hr ,t� qAf RCA-
Date Started: //— /— 1 --" Date Complete 7 —3o — SG
Lab and other tests:
Streets: ,,,,,p"
Alleys: ,14f9A/A
Water Lines : A.S�eca/A9a - 4‹.Jr,, ,4%,-
Wastewater Lines: ///o,J,„
Manholes: jw,.:
Drainage: .pio *4=
Stormsewage: ,4�Qw =
We the under sign recommend the acceptence of this p, . ct.
Sub Division Inspector ,J / —�
46• '�
.gn Date
City Engineer T' ik, ' --,.._=-7 - r---6 - IC
Sign Date
Director of Public Works
Sign Date
Accepted by City Council Date 19
Final Inspection Prior to (1 ) year Date 19
Sign
Remarks: -
Date of Notification 19
Person or Persons Notified
f le
CITY OF' WYLIE
114 N. BALLARD ST. — P.O. BOX 428
WYLIE, TEXAS 75098
(214)442-2236
ko ) / ?
D•1 E
Mr. Gus Pappas
City Manager
City Hall
Wylie, Texas 7509E
Attention: Barbara Le Cocq, Administrative Assistant
RE: Lac PA-Y (13 944213 hoa•c c )-f6 p K
Dear Mr. Pappas:
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
❑ Preliminary plat to Planning and Zoning
❑ Preliminary plat to City Council
[' Final plat to Planning and Zoning
Final plat to City Council
1�Construction plans to City Council for construction
approval only
❑ Final plat to City Council for subdivision acceptance
along with final inspection statement
Sincerely,
'''
--i. Gt),____ _......:-/___ -
I. W. Santry, Jr. , P. E.
City Engineer
IWS/kal
cc: Bill Windham, Public Works Director
Roy Faires, Code Enforcement Officer
File
•
77
cirr-y- 02V ����������
114 N. BALLARD ST. — P.O BOX 428
VYYL|E. TEXAS 75098
(214)4420236
MEMORANDU'�
[: Augus7-L
TO: Gus H. PapoaS , City Manager
FROM: I . W. Santry , Jr. ,F'. E. , City Enqineer
6uWECV Street Rights-of-way
nexe Rav Hutbard Mobile Home Par^:�
Httached please finc cooies of the deed deJ-, c�tion o+ the
right-of-way for Vinson Road and the future Spring Creeik:
boulevard right-of-way.
These two roadway rights-of-way were n:Dt included in the
property description even though they are shown on the plat .
Therefore they had to be dedicated by separate instrument .
The Engineering Department recommenOs the acceptance by the
�ouncil .
/ �
•
G146 WARRANTY DEED Whit Qtndo?a,6Anr,Wtrh Vitale and Corporation Aateo+wle finewl .� '• • MARTIN SW. vr' Qa. Wks
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
That Roger Finholt
of the County of Dallas , State of Texas for and in consideration of
the sum of
One and no/100 ($1.00) DOLLARS.
to me paid, and secured to be paid, by The City of Wylie as follows:
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Wylie
of the County of Dallas , State of Texas all that certain
R.O.W. DEDICATION as described in EXHIBIT "A"
(see attached)
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Wylie
and its successors
VOtgand assigns forever; and I do hereby bind my
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Wylie and its successors
and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof.
It is understood and agreed that the address of Debtors for sending any notices required or permitted hereunder or
with respect to the indebtedness secured hereby and for the records of Beneficiaries or any other holder of the indebtedness
secured hereby is as follows:
and Beneficiaries or any other holder of the indebtedness secured hereby shall be entitled to rely on such address unless
Debtors advise Beneficiaries or any other holder of the indebtedness secured hereby of an address change by certified or
registered mail, return receipt requested addressed to Beneficiaries as follows:
or to such other address as Beneficiaries shall have advised Debtors by written notice, certified mail, return receipt
requested.
But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described prop-
erty, premises and improvements, until the above described note and all interest thereon are fully
paid according to face and tenor, effect and reading. when this deed shall become absolute.
Witness my hand at Irving, Texas this 4th day of
August , A.D. 19 86
Witnesses at Request of Grantor:
H.
Rog r Finholt
EXHIBIT "A"
R.O.W. DEDICATION
BEING a part of the 61.665 acre tract of land situated in the Elisha M.
Price Survey, Abstract No. 1114, and conveyed to Roger Finholt as recorded
in Volume 85142, Page 3537, Deed Records of Dallas County, Texas, and
Volume 234, Page 352, Deed Records of Rockwall County, Texas, and being
more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found at the south corner of the said
61.665 acre tract;
THENCE in a northwesterly direction along the southwest property line of
the said 61.665 acre tract North 45 degrees 36 minutes 23 seconds West, a
distance of 50.02 feet to a 1/2 inch iron rod set for corner;
THENCE leaving the said southwest property line in a northeasterly
direction North 45 degrees 52 minutes 02 seconds East, 1251.77 feet to a
1/2 inch iron rod set for corner;
THENCE in a northwesterly direction North 44 degrees 36 minutes 56 seconds
West, a distance of 1235.04 feet to a 1/2 inch iron rod set for corner;
THENCE in a northeasterly direction North 45 degrees 52 minutes 02 seconds
East, a distance of 32.50 feet to a 1/2 inch iron rod set for corner, said
iron rod being in the northeast property line of the said 61.665 acre
tract;
THENCE in a southeasterly direction along the northeast property lineof the
said 61.665 acre tract South 44 degrees 36 minutes 56 seconds East, a
distance of 1285.05 feet to a 1/2 inch iron rod found for corner, said iron
rod being the intersection of the northeast property line and the southeast
property line of the said 61.665 acre tract;
THENCE leaving the said northeast property line in a southwesterly
direction along the southeast property line of the said 61.665 acre tract
South 45 degrees 52 minutes 02 seconds West, a distance of 1283.41 feet to
the POINT OF BEGINNING, containing 104,326 square feet or 2.395 acres of
land.
Vilffie
CITY OF WYI_,IE
114 N. BALLARD ST. — P.O. BOX 428
WYLIE, TEXAS 75098
(214)442-2236
MEMORANDUM
DATE: Au L tt 7 . 1' rL.
TO: Gus H. Pappas, City Manager
FROM: I . t . Santry,, Jr- . ,F. E. , City Engineer
SUBJECT: Drainage Easement for
Lake Ray Hubbard Mobile Home Perk
r ttached please ± ind copies of the deed dedication of the
drainage easement alond the test sde of Phase I of the
dark .
The easement oas included the i s t not ncludec in property description
even though it was shown on the plat. Therefore it had to
be dedicated b`. separate Ir etr ument.
The Engineering Department recommends the acceptance by the
Council .
G416 WARRANTY DEED WWI Vendor's 6l6n—WM.Voter and Cooponoon AcRrowitdforegy - !Ultra( Stalnrri Co» !Nam
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS
That Roger Finholt
of the County of Dallas , State of Texas for and in consideration of
the sum of
One and no/100 ($1.00) DOLLARS,
to paid, and secured to be paid, by The City of Wylie as follows: -
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Wylie
of the County of Dallas , State of Texas all that certain
DRAINAGE AND UTILITY EASEMENT
as described in Exhibit "A"
(see attached)
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Wylie
and its successors
beim,and assigns forever; and I do hereby bind my
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Wylie and its successors
xtxers and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof.
It is understood and agreed that the address of Debtors for sending any notices required or permitted hereunder or
with respect to the indebtedness secured hereby and for the records of Beneficiaries or any other holder of the indebtedness
secured hereby is as follows:
and Beneficiaries or any other holder of the indebtedness secured hereby shall be entitled to rely on such address unless
Debtors advise Beneficiaries or any other holder of the indebtedness secured hereby of an address change by certified or
registered mail, return receipt requested addressed to Beneficiaries as follows:
or to such other address as Beneficiaries shall have advised Debtors by written notice, certified mail, return receipt
requested.
But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described prop-
erty, premises and improvements, until the above described note and all interest thereon are fully
paid according to face and tenor, effect and reading, when this deed shall become absolute.
Witness my hand at Irving, Texas this 4th day of
August , A.D. 19 86
Witnesses at Request of Grantor: r
r_
..........
Roger inholt
ACKNOWLEDGMENT
THE STATE OF ' 'XAS, j
I BEFORE ME. the undersigned authority,
COUNTY OF GtAAL.4s)
on this day personally appeared2,1„,,, PI n kcAi
known. to ire to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes ,r;c'. consideration therein expressed. p
GIVEN UNDER MY HAND AND SEAL. OF OFFICE. This day of , A.D. 19
L.S
Notary- ubiic ' and for the Sta of Tf sas.
My Commission Expires ie- ,. .3f 90
ACKNOWLEDGMENT Ir
THE STATE OF TEXAS,
( BEFORE ME, the undersigned authority,
COUNTY OF
on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument,and acknowledged to me that
he. executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _ _ day of , A.D. 19_.... _
(L.S.)
Notary Public, in and for the State of Texas.
My Commission Expires -
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, ) BEFORE ME, the undersigned authority,
COUNTY OF . ..
on this day personally appeared _____
known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of______.___________.__—__-, A.D. 19
(L.S.)
Notary Public, in and for the State of Texas.
My Commission Expires
CLERK'S CERTIFICATE
THE STATE OF TEXAS, I, , County
COUNTY OF
Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the
.. . . -- day of - , A. D. 19 , with its Certificate of Authentication, was filed for
record in my office on the day of , A. D. 19 , at. o'clock M., and duly
recorded this day of A. D. 19 , at- _ o'clock M., in the
Records of said County, in Volume , on pages
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in
, the day and year last above written.
County Clerk County, Texas.
(L. S.) By _.. - - , Deputy.
. 1
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r'
EXHIBIT "A"
DRAINAGE AND UTILITY EASEMENT
BEING a part of the 61.665 acre tract situated in the Elisha M. Price
Survey, Abstract No. 1114, and conveyed to Roger Finholt as recorded in
Volume 85142, Page 3537, Deed Records of Dallas County, Texas, and Volume
234, Page 352, Deed Records of Rockwall County, Texas, and being more
particularly described as follows:
COMMENCING at a 1/2 inch iron rod found at the south corner of the said
61.665 acre tract;
THENCE in a northwesterly direction along the southwest property line of
the said 61.665 acre tract North 45 degrees 36 minutes 23 seconds West, a
distance of 1285.43 fet to a 1/2 inch iron rod set for the POINT OF
BEGINNING;
THENCE continuing in a northwesterly direction along the said southwest
property line of the said 61.665 acre tract North 45 degrees 36 minutes 23
seconds West, a distance of 46.08 feet to a point for corner;
THENCE leaving the said southwest property line in a northeasterly
direction North 45 degrees 52 minutes 02 seconds East, a distance of
1306.43 feet to a point for corner, said point being in the northeast
property line of the said 61.665 acre tract;
THENCE in a southeasterly direction along the said northeast property
line of the said 61.665 acre tract South 44 degrees 36 minutes 56 seconds
East, a distance of 46.00 feet to a 1/2 inch iron rod set for corner;
THENCE leaving the said northeast property line in a southwesterly
direction South 45 degres 52 minutes 02 seconds West, a distance of 1305.63
feet to the POINT OF BEGINNING, containing 60,130 square feet or 1.380
acres of land.