Loading...
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 1 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 . 2 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. 3 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 2 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. Ai!, ie _ , c.. Li-..--- (id) , , ,` o- -• al • LIOT STR c� = 16-' ' la? '1 ' 12 . ' ' 5' ; ,`t/ ' 46, 19c �r �[ - ✓: p 1i gr • : ,, ��`• ria19b F . MIN UST. .20b ; L. : .T.• 50 o 14_____,.__- @, , 1; ':.' 2 - 200 I_ fi" __ f131 .i./.. 1 oP r_. pp \ r .t a- V 4) 2,4) N. rO‘''C), ` %° - 12 ?!') \ • II \ / tc• o *Del 4..S r ,5 0 3 140 - \ �- ` Oy, N li tC 1p : S 1- N 'un.a r'` (0i ti 10 M �o [5rT �, - o oi. �.f p. *5�f ic, , i i y lE 9 \-p• �� N 15c. a 6 5' a 3 2 5a. 1 a 3�s`.`. ` 5. ` i - ..7' .0 14�9,cc WILLIAMS ST. 0 y cv LL c* , �QO' ,L� � 15 ' • ,� a s - P� • ,Lo 1749 286' o '9� 2t0 3 c ^ v .0 O . ¢ i • /0 16B v Oro cv c - 156,ISAi - i0 9 189.36' 660. 'i - a 174 9' � WES - ti' - I?511'�N �p ( s t�..,�o ,, ^ m 1251 11 _ !,I- 2511 N i25' 50 125.0 afnri 0, 3 _ °D - • c 7 ,n 1 0 o r- A 1 �" 4 4 5.06 r 125' - _ 125. c- 125.ic‘, m +25' tZt c),:28 m o+, ( vw `Jr t_ - 3. : : 3S. : 3 3 1c2"6 : 2 : t 4 • I .3 _ 4, . 34 4-44 f �,. '_ Ql:. : 33 ' - 5 - - ' �W ' !w') - .ram 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 -9- 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 -10- 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) -11- 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 -12- 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: -13- 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 -14- 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 . -15- 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. -16- • 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 -17- 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 . -18- • 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. -19- 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 . -20- 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) -21- 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. -2- • //7 Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means , with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject . "Security Register" means a register maintained by the Bank on behalf of the Issuer providing for the registration and transfers of Securities . "Stated Maturity" means the date specified in the Bond Resolution the principal of a Security is scheduled to be due and payable . Section 2 . 02 . Other Definitions . The terms "Bank, " "Issuer, " and "Securities (Security) " have the meanings assigned to them in the recital paragraphs of this Agreement. The term "Paying Agent/Registrar" refers to the Bank in the performance of the duties and functions of this Agreement . ARTICLE THREE PAYING AGENT Section 3 . 01 . Duties of Paying Agent . As Paying Agent, the Bank shall , provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the principal of each Security at its Stated Maturity, Redemption Date, or Acceleration Date, to the Holder upon surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall , provided adequate collected funds have been provided to it for such purpose by or on behalf of the Issuer, pay on behalf of the Issuer the interest on each Security when due, by computing the amount of interest to be paid each Holder and preparing and sending checks by United States Mail , first class postage prepaid, on each payment date, to the Holders of the Securities (or their Predecessor Securities) on the Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Holder at the Holder ' s risk and expense. -4- Section 3 . 02 . Payment Dates . The Issuer hereby instructs the Bank to pay the principal of and interest on the Securities at the dates specified in the Bond Resolution. ARTICLE FOUR REGISTRAR Section 4 . 01 . Security Register - Transfers and Exchanges . The Bank agrees to keep and maintain for and on behalf of the Issuer at the Bank Office books and records (herein sometimes referred to as the "Security Register") for recording the names and addresses of the Holders of the Securities , the transfer, exchange and replacement of the Securities and the payment of the principal of and interest on the Securities to the Holders and containing such other information as may be reasonably required by the Issuer and subject to such reasonable regulations as the Issuer and Bank may prescribe. All transfers, exchanges and replacement of Securities shall be noted in the Security Register . Every Security "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 . -6- 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 . -7- • ARTICLE FIVE THE BANK Section 5 . 01 . Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof . Section 5 . 02 . Reliance on Documents, Etc. (a) The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. (b) The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts . (c) No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it . (d) The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument , opinion, report , notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties . Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Holder or an agent of the Holder . The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement , instrument , opinion, report , notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by Issuer . (e) The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. -8- (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 -12- 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 -I d a o y 3 II 'j H a I1 W i I a a E a 11 1 F r es{ :4 A � E 0 .b It :� W to a. 0 H x ca w l E... z x - �� a - c, a o - o I 1I Z a �� W ts�. w y L f �/ x ,A� �,. a c 0 `o z Li.l 0 w "06 e. z f c x v '' a. o it C.) •= I, i� • d 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.