08-26-1986 (City Council) Agenda Packet AGENDA SUMMARY
CITY COUNCIL
TUESDAY, AUGUST 26, 1986
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - ACCEPTANCE OF COUNCILMAN BREWSTER'S RESIGNATION
Not an appropriate area for staff comment.
ITEM NO. 3 - RECESS OPEN MEETING
ITEM NO. 4 - EXECUTIVE SESSION TO DISCUSS QUALIFICATIONS OF
JOE FULGHAM TO REMAIN IN OFFICE - This item placed on the
agenda by request of Councilwoman Donovan. Not an
appropriate area for staff comment.
ITEM NO. 5 - CONSIDER QUALIFICATIONS OF JOE FULGHAM TO
CONTINUE TO HOLD OFFICE - Placed on the agenda by
Councilwoman Sandra Donovan. Staff has no comment.
ITEM NO. 6 - APPOINT PERSON TO FILL PLACE 5 - Placed on the
agenda by Councilwoman Donovan. Not an appropriate area for
staff comment.
ITEM NO. 7 - ADMINISTER OATH OF OFFICE TO APPOINTED
COUNCILMEMBER - PLACE 5 - Placed on the agenda by
Councilwoman Donovan. Not an appropriate area for staff
comment .
ITEM NO. 8 - ELECT MAYOR PRO TEM - Placed on the agenda by
Councilwoman Donovan. Not an appropriate area for staff
comment.
ITEM NO. 9 - PUBLIC HEARING ON TAX RATE - This item is a
requirement of State Law. The tax rate for Wylie is
remaining at .49 per $100 .00 of evaluation. The City' s tax
rate has not changed for the past three to five years.
ITEM NO. 10 - PUBLIC HEARING ON ZONING FOR 320.9 ACRES ON
SH78 - This property is described as 320 .9 acres out of the
Francisco de la Pina Survey, Collin County Abstract 688 and
is located on E. SH78 , bordered on the east by Eubanks Lane
and on the south by E. SH78 . The petitioner has divided the
tract into nine smaller tracts, the zoning for each is
listed on page 28 in your packet. The P&Z heard this
petition at their meeting on Thursday night and recommend
approval with the stipulation that two retail sections be
added next to the Municipal Complex site on the east side
and the west side. The petitioner will be present at the
meeting to answer any questions you may have. The staff
will be prepared to answer questions at that time also .
ITEM NO. 11 - APPROVE ZONING ORDINANCE FOR 320.9 ACRES ON E.
SH78 - No additional comments.
ITEM NO. 12 - PRESENTATION BY CITIZENS REQUESTING
RESIGNATION OF COUNCILWOMAN DONOVAN - Not an appropriate
area for staff comment.
ITEM NO. 13 - CITIZEN PARTICIPATION - Not an appropriate
area for staff comment.
ITEM NO. 14 - PRESENTATION BY HOMER MINYARD REQUESTING DE-
ANNEXATION - Mr. Minyard' s property is described as 4.95
acres out of the R. D. Newman Survey, Collin County Abstract
660 . This tract was included in a group that were annexed
by the City along S. SH78 which included three salvage
yards. At the time Mr . Minyard' s property was shown on the
tax records as belonging to Mr . Kevin Burns. Mr . Burns,
after receiving notice that the City intended to initiate
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involuntary annexation, elected to file a voluntary
annexation petition and a petition for zoning . Mr . Minyard
has now received the property back and wants to de-annex it
from the City. Information received in this office is that
Mr. Minyard has plans to sell the property to a salvage yard
operator for that purpose. Specifically to the
owner/operator of Lone Star Salvage. This would allow him
to expand whereas our ordinance denies him this right on his
own property which is inside the corporate limits of the
City.
ITEM NO. 15 - APPROVE DE-ANNEXATION ORDINANCE FOR 4 .95 ACRES
ON S. SH78 - No additional comments.
ITEM NO. 16 - APPROVE "INTERLOCAL JAIL SERVICES AGREEMENT"
WITH COLLIN COUNTY - A memo from Wylie' s Chief of Police,
Royce Abbott, a copy of which is included in your packet on
page 42 , does not recommend that the City enter into an
agreement such as this until it has been amended to
eliminate charges for merely arresting and booking
prisoners.
ITEM NO. 17 - APPROVE PAYMENT OF OVERSIZING IN EASTRIDGE
The public improvements in this subdivision were accepted by
the City some time ago, however, the billing for the
oversizing costs, requested by the City, have just recently
been presented to us. The Engineering department has
reviewed the charges and find them to be reasonable and
recommend reimbursement be made to Karl Holder, developer of
Eastridge Addition, in the amount of $11,952 .11 .
ITEM NO. 18 - AMENDMENT TO PLANNED DEVELOPMENT
SPECIFICATIONS FOR STONE GROVE - This item was heard by the
P&Z at their meeting on Thursday, August 21 and was tabled
for further study; therefore, this item should be tabled by
the Council until such time as the P&Z makes their
recommendation.
ITEM NO. 19 - TRAFFIC CONTROL DEVICE ON ALLEY BETWEEN
WOODHOLLOW CT. , DOGWOOD CIR. , AND BUTLER CIR - This item is
placed on your agenda by virtue of inquiries by residents
living in this area. This alley is being used as a
thoroughfare due to the fact there is no north/south street
in the area. The traffic is a problem and the residents are
requesting some traffic control in the form of speed bumps,
a one-way designation, or any other device that will control
the traffic and the speed through this alley.
ITEM NO. 20 - AUTHORIZATION FOR CITY TO GO OUT FOR BIDS FOR
UNIFORM SERVICE - The City' s contract for uniform services
is due to expire soon and the staff needs your approval to
seek bids for this service. Specifications are in your
packet on pages 68-75 .
ITEM NO. 21 - ACCEPT/REJECT STREET RECONSTRUCTION FOR
BIRMINGHAM BETWEEN SH78 AND KIRBY STREET - This item is
placed on the agenda at your request to determine whether or
not the City should continue with plans to reconstruct
Birmingham Street. We can break this into two sections. We
have responses from most of the property owners. The WISD
would like for us to postpone the work on Birmingham from
SH78 to Kirby street until their construction program is
completed . And the Independent Bank is favorably disposed
to this program but would also like to wait until after the
school construction is complete.
ITEM NO. 22 - ACCEPT/REJECT STREET RECONSTRUCTION FOR S.
BIRMINGHAM BETWEEN KIRBY AND S. BALLARD ST. - The City
Secretary has received a letter from Bobby Roan, developer
of The Meadows , located on the triangle formed by
Birmingham, Stone and S. Ballard, releasing a portion of the
perimeter street money on deposit from his development for
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this project. And we have approval from the residents of
Riverview Ct.
ITEM NO. 23 - APPROVE PLANS FOR SANITARY SEWER IMPROVEMENT
ON EUBANKS LANE AND SH78 - Detailed construction plans have
been completed by our Engineering Dept. for a sanitary sewer
line to be constructed along a portion of SH78 and down
Eubanks Lane that will serve a large area of that portion of
the City and will tie that sewer service into Rush Creek
Lift Station 41 . Businesses such as Steaks Over Texas, The
Pizza place, the bait house etc. and Mr. Baron Cook have
agreed to participate financially in this project. The City
also will have some responsibility for participation. The
Council needs to approve the plans for this project and the
subsequent item No. 24 which is to authorize the City staff
to advertise for bids for the project so that we may
determine a finite cost and contract out this project. The
City staff does not recommend doing this project "in house" .
We simply have neither the time nor the manpower. In
addition, the project is simple and straight forward enough
that it requires no special understanding of our system or
our lift stations. If you approve this plan, we would go
out for bids and begin requesting formal easements to be
granted as well as working out the participation
percentages. Prior to the award of the final bid, these
facts would lay before the Council . The detailed plans were
impossible to reduce and include in your packet; however,
they are available at City Hall and I will have them with me
the night of the meeting. The quality of these plans speaks
well of our in house engineering staff.
ITEM NO. 24 - AUTHORIZATION TO SEEK BIDS FOR SANITARY SEWER
IMPROVEMENT ON EUBANKS AND SH78 - See above discussion.
ITEM NO. 25 - COUNCIL DISCUSSION - Not an appropriate area
for comment.
ITEM NO. 26 - APPROVE CONTRACT FOR TESTING & MONITORING
SERVICES FOR INDUSTRIAL DISCHARGE - This item was tabled at
your last meeting for further study. We are including, in
your packet, a letter from the City of Richardson
recommending the services of TALEM, Inc. as a testing and
monitoring service. Recently, you received copies of the
material furnished to the Engineering Dept. in making their
decision for recommendation. A letter was sent to NTMWD on
August 15 , 1986, requesting their response to this proposal .
As of this date, August 22 , 1986 , we have had no response.
If we receive one prior to Tuesday night, I will bring it to
the meeting and pass it out. You should be aware that this
monitoring needs to commence as soon as possible along with
the passage of the recommended ordinance which TALEM, Inc.
has successfully written and defended in court in other
communities in this area. We need to move on with this
program in order to satisfy the requirements of the EPA and
promises we have made to the Texas Dept. of Health. Copies
of these responses, plus a recent letter from the U. S.
Environmental Protection Agency are enclosed in your mail .
ITEM NO. 27 - RECESS OPEN MEETING
ITEM NO. 28 - EXECUTIVE SESSION - Not an appropriate area
for staff comment.
ITEM NO. 29 - RECONVENE OPEN MEETING
ITEM NO. 30 - CONSIDER TERMINATION OF CITY MANAGER - Not an
appropriate area for staff comment.
ITEM NO. 31 - APPOINTMENT OF TEMPORARY REPLACEMENT FOR CITY
MANAGER - Not an appropriate area for staff comment.
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AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, AUGUST 26, 1986
7:00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
1 1-11 Consider approval of minutes.
2 12 Consider acceptance of Lowell
Brewster' s resignation from the
City Council of the City of Wylie.
3 Recess open meeting.
EXECUTIVE SESSION
4 13 Convene Executive Session by
authority of Article 6252-17
V.A.C.S. Section 2 , paragraph "g"
personnel matters to discuss
qualifications of Joe Fulgham to
continue in office.
5 Consider qualifications of Joe
Fulgham to continue in office -
Place 5.
6 14 Appoint person to fill Place 5 .
7 15 Oath of office to appointed
councilmember, Place 5.
8 16 Elect Mayor Pro Tem.
PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS
9 17 Conduct PUBLIC HEARING on proposed
tax rate of forty-nine cents ( .49)
per $100 .00 of assessed valuation.
10 18-27 Conduct PUBLIC HEARING on request
for Industrial (I) , Business 1
(B1) , Townhouse (SFA) , Multi-family
(MF) , Single family 2 (SF2) and
Single family 3 (SF3) zoning for
320 .9 acres out of the Francisco de
la Pina Survey, Collin County
Abstract 688 , located on the north
side of E. SH78 east of Eubanks
Lane and surrounding the site for
the new Municipal Complex.
11 28-39 Consider approval of zoning
ordinance for 320 .9 acres out of
the Francisco de la Pina Survey,
Collin County Abstract 688 .
1
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
GENERAL DISCUSSION
12 40 Presentation by representative of a
group of citizens to "request the
resignation of Councilwoman Sandra
Donovan."
13 Citizen Participation.
NEW BUSINESS
! 1 41`>> Presentation by Homer E. Minyard to
�" N , request de-annexation of 4 .95 acres
��A
.41 ocated 2701 S. SH78 .
5Consider approval of de annexation
Ai,cq ordinance for 4.95 acres out of the
V R. D. Newman Survey, Collin County
\1 Abstract 660 .
16 42-54 Consider approval of "Interlocal
Jail Services Agreement" with
Collin County.
17 55-57 Consider approval of payment of
oversizing costs in Eastridge
Addition in the amount of
$11 ,952.11 to be paid to Karl
Holder, President, Warwick
Development Co.
1.%,_ 18 58-67 Consi amendment to Planned
Deve pm041t ecifications for
Stone e < �ged on E. Stone
Road adjace to '�. l Hollow
Subdivision.
19 Consider traffic control device for
alley between Woodhollow Ct. ,
Dogwood Cir. , and Butler Cir.
20 68-75 Request authorization for City to
bid uniform services for FY ' 86-87 .
21 Consider acceptance/rejection of
the street reconstruction program
on Birmingham between SH78 and
Kirby.
22 Consider acceptance/rejection of
street reconstruction program on S.
Birmingham between Kirby and S.
Ballard.
23 Consider approval of plans for
sanitary sewer improvement on
Eubanks Lane and SH78 .
24 Consider authority to go out for
bids for sanitary sewer improvement
on Eubanks Lane and SH78 .
GENERAL DISCUSSION
25 Council Discussion.
2
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
UNFINISHED BUSINESS
26 76-90 Consider approval of contract for
testing and monitoring services for
Industrial discharge.
27 Recess open meeting .
EXECUTIVE SESSION
28 Convene Executive Session under the
authority of Article 6252-17
V.A.C.S. Section 2 , paragraph "g"
personnel matters to review the
performance of the City Manager .
29 Reconvene open meeting.
30 Consider termination of City
Manager .
31 91 Consider appointment of temporary
replacement for City Manager .
32 ADJOURN
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CITY COUNCIL MEETING
MINUTES
AUGUST 12, 1986
7:00 P. M.
The Wylie City Council met in regular session on Tuesday,
August 12 , 1986 at 7:00 P. M. in the Community Room. A
quorum was present and notice of the meeting had been posted
for the time and in the manner required by law. Those
present were Mayor Pro Tem Joe Fulgham, Council Members
Sandra Donovan, Calvin Westerhof , and Lowell Brewster, City
Manager Gus Pappas, City Secretary Carolyn Jones, Finance
Director James Johnson, David Medanich of First Southwest
Investments, Chuck Trimble, and representatives from the
Wylie News, Dallas Times Herald and Dallas Morning News.
Mayor Pro Tem Fulgham called the meeting to order and
Councilman Westerhof gave the invocation.
APPROVAL OF MINUTES: There being no corrections or
additions to the minutes a motion was made by Councilman
Westerhof to approve minutes of the July 15th, July 22nd,
and July 26th as submitted . 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.
CANVASS ELECTION FOR AUGUST 9TH SPECIAL COUNCIL ELECTION:
Mayor Pro Tem Fulgham opened the election returns and read
the results as follows
Absentee Election Total
Voting Day Voting Votes
JOHN MORGAN 4 78 82
KERRY WEEKS 0 25 25
CHUCK TRIMBLE 7 151 158
KENT CRANE 1 write in vote
Motion was made by Councilman Westerhof to approve and
accept the election returns as read above. 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.
OATH OF OFFICE FOR NEWLY ELECTED MEMBER OF THE CITY COUNCIL:
Mr. Charles Trimble was elected in the Saturday, August 9th
Council Election. City Secretary Carolyn Jones gave the
oath of office to Mr. Trimble and he was seated at the
council table.
AUTHORIZATION TO REQUEST DATE FOR SPECIAL COUNCIL ELECTION
FROM THE GOVERNOR OF TEXAS: The City Secretary received a
call from the Secretary of State office requesting the
Council to send another letter requesting this special
election with signatures of all the council members. The
date for this election should be included in the letter.
AFter some discussion, the dates of November 22nd and
December 6th were requested by the Council . Motion was made
by Councilman Westerhof to approve and sign the letter to
the Governor requesting a special election for November 22nd
f
or December 6th. Seconded by Councilman Brewster . The vote
was as follows: Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
ACCEPTANCE OF RESIGNATION OF MAYOR DON HUGHES: Mayor Don
Hughes resigned on July 22 , 1986 from office. Motion was
made by Councilman Westerhof to accept the resignation of
Mayor Hughes . Seconded by Councilwoman Donovan. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - 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 5.1053 ACRES OUT OF THE
S. D. SHELBY SURVEY, COLLIN COUNTY ABSTRACT 820: This
property is located on SH 78 between the drive-thru bank and
Texaco Station. The request for re-zoning is from Retail to
Business One (B-1) . The petitioner is requesting Business
One zoning 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 a drive-thru service.
The Planning and Zoning commission recommends approval by a
vote of 6-1 . Mayor Pro Tem Fulgham opened the public
hearing , there being no questions or opposition, the public
hearing was closed.
APPROVE ZONING ORDINANCE FOR 5.1053 ACRES OUT OF THE S. D.
SHELBY SURVEY, COLLIN COUNTY ABSTRACT NO. 820: This
property is located on SH 78 between the drive-thru bank and
Texaco Station. The request for re-zoning is from Retail to
Business One. Motion was made by Councilman Westerhof to
approve and sign the ordinance rezoning the property to
Business One. Seconded by Councilman Brewster. The vote
was as follows: Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
APPROVE 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: Mr. David
Medanich of First Southwest made a request to the Council
for First Southwest to be allowed to bid on the bonds. The
Council said there was no problem with First Southwest
bidding on the bonds. Mr. Medanich received nine bids they
were as follows:
Interest
Merrill Lynch 7.7342%
Inter First Dallas 8.1389%
Prudential Bache 7.9828%
Bear Stearns 7 .871349%
Masterson & Company 7.7203%
Rotan Mosel 7 .919991%
Dean Witter Reynolds 7.896327%
Republic Bank Dallas 8.262495%
First Southwest 7.978538%
Mayor Pro Tem Fulgham said the Council went to New York
recently for a bond rating and visited with Standard and
Poores and Moody Investments. These meetings were set up by
Mr. Medanich in order for the City to receive a new bond
rate. Mr. Medanich said Standard and Poores rated the City
with AA and Moody rated the City with BAA. Mr. Medanich
said this would give the City a rating of A minus for
trading the bonds. Mr. Medanich of First Southwest
recommends to Council to award the sale of bonds to
Masterson and Company with a rate of 7 .7203% interest, this
company has also enclosed with their bid a good faith check
in the amount of $36,000 . Motion was made to award the sale
of bonds to Masterson and Company by Councilman Brewster.
Seconded by Councilwoman Donovan. The vote was as follows :
Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in
favor, Councilman Westerhof - in favor, Councilman Brewster
- in favor, and Councilwoman Donovan - in favor. This
motion carried with all in favor .
Mr. Medanich said the ordinance authorizing the sale and the
resolution authorizing the Paying Agent/Registrar would need
to be adopted. Motion was made by Councilman Westerhof to
approve and sign ordinance authorizing the sale of the bonds
and approve and sign the resolution authorizing the Paying
Agent/Registrar. Seconded by Councilman Brewster. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor , Councilman Westerhof - in
favor, Councilman Brewster - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor .
APPROVAL OF ORDINANCE MAKING IT UNLAWFUL TO MAKE LOUD AND
UNNECESSARY NOISE CAUSING DISTRESS OR DISCOMFORT TO PERSONS
IN THE VICINITY: The Police Department has had numerous
complaints from residents regarding the loud playing of
stereo' s, musical instruments, amplifiers etc, as well as
loud 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 and asked for approval .
Motion was made by Councilwoman Donovan to approve and sign
ordinance making it unlawful to make loud and unnecessary
noise causing distress or discomfort to persons in the
vicinity. Seconded by Councilman Westerhof. The vote was
as follows : Mayor Pro Tem Fulgham - in favor, Councilman
Trimble - in favor, Councilman Westerhof - in favor,
Councilman Brewster - in favor, and Councilwoman Donovan -
in favor. This motion carried with all in favor.
APPROVAL OF ORDINANCE REGULATING BLOCK PARTIES, PUBLIC
GATHERINGS ETC: This ordinance is placed before the council
as a statement of policy for City employees to use as a
guide when requests for such gatherings come to them. There
have been calls from many citizens, particularly in the new
developments, for regulations for holding "block parties"
and the staff would like to have some guide lines from the
council . Councilwoman Donovan wanted to know if the fee of
$20 .00 could be refunded when the citizens returned the
barricades and signs. City Manager Gus Pappas said if the.
Council wants to refund the fee, the staff would recommend
not charging this fee at all .
Motion to approve the ordinance regulating block parties and
deleting the fee was made by Councilwoman Donovan. Seconded
by Councilman Westerhof . The vote was as follows : Mayor
Pro Tem Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, Councilman Brewster - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor.
CITIZEN PARTICIPATION: Mrs. Olympia Margies of 10 Lucy Lane
in Wylie is here on behalf of herself and her husband. This
is in regards to a letter that was sent to the City stating
a possible lawsuit to the City and several Council Members.
This letter appears in the Wylie News, and at no time has
the people from the news office contact myself or my husband
about this lawsuit. My husband and I could not understand
how the news received a copy of this letter until recently
when Mr. Pappas wrote a reply to the editor. It was
explained that this letter was sent to the City and only the
Council Members received copies of this and how
correspondence is handled at City Hall . We now know that
the Wylie News did not receive their copy through proper
channels, so I have my suspicions as to how the news
received their copy. I am here tonight to inform the
Council and the citizens as to why you are being notified of
a possible lawsuit.
1 . The City of Wylie - reason being the City did not
stay updated by state laws for mobile homes, the Code
Enforcement Officer did not enforce the City' s ordinance
100% . There were homes older than the four years that
received green tags and yet some received red tags. This
left some of the people without utilities and unhealthy
surroundings to live in. We had to pay for hotel rooms at
$50 .00 plus per night.
2 . The Council Members, Sandra Donovan, Calvin
Westerhof, Harold Spence, and Lowell Brewster. At the
Council meeting of April 8 , 1986 these council members
blocked the amendment to the ordinance with a negative vote.
This amendment would allow mobile homes over four years old.
These council members acted in a manner disregarding Mr.
Pappas' s statement from the City Attorney stating that this
ordinance was enforceable as written. Sandra Donovan
voicing a strong argument against mobile homes referring to
them as trashed out after the four years and putting them in
the same category as wrecked vehicles. I find these remarks
to be very degrading. If the council had listened to the
City Manager and the City Attorney, this problem would have
been corrected on April 8th and not been held up until April
29th Council meeting and after a lawsuit by Southfork had
been filed.
I have obtained through proper channels and have paid for my
copies of this, minutes from several years ago where the
Council took action against Mrs. Donovan parking her motor
vehicle on the street. After reading these minutes, I do
believe that Mrs. Donovan has taken action against mobile
home parks to get back at the City for this action.
Mr . Chris DiTota of 803 Douglas Court in regards to the
Rush Creek Lift Station - he is tired of sewer in his back
yard. When is Rush Creek Lift Station going to be
completed. City Manager Gus Pappas said the Rush Creek Lift
Station is on line and is working without problems. The
developer was to have completed the connection of the line
from the lift station in Mr . DiTota' s back yard to the main
line to Rush Creek Lift Station. The developer has not
completed this job, but has been paid for the over sizing of
the line. Mr. DiTota wanted to know if Mr. Pappas had the
power to make the developer complete the job. Councilwoman
Donovan wanted to know if this wasn' t corrected earlier.
City Manager Gus Pappas said there were several problems and
one of the problems was corrected, but the developer was to
complete this line and has not. Mr. Pappas also stated that
the developer took this line up to a point and stopped and
said it would be completed at the same time the old lift
station was taken off line. Mr. Pappas said if it was the
council ' s wish, he would take action against the developer
and begin the process of a lawsuit. The drainage ditch is
another problem and does need to be cleaned out. The
problem the City is having is the citizens do not want the
trees cut down and yet that is the only way to clean out
this ditch.
The water going into this ditch does not flow and does cause
a problem. The only way to make the water flow properly is
to remove these trees. Councilwoman Donovan wanted to know
why the City did not go ahead and do the job and then bill
the developer if he has not completed this job within two
weeks. Councilman Westerhof suggested we contact the City
Attorney, have him send a letter to this developer and set a
time limit on this project . If the job is not completed in
the time limit, then the City do the job and let the
attorney file suit against the developer . City Manager Gus
Pappas said the only problem is the developer is out of town
and it may be hard to serve him with a letter. City Manager
Gus Pappas said once all the sewer lines are completed , the
City will have to go in and do a lot of work on the grade
and slope of the ditch in order to open it up. The City
accepted this ditch without the developer doing any
improvements to it . Mayor Pro Tem Fulgham said this is why
the council put more teeth into the subdivision ordinance so
this would not happen any more. Councilman Westerhof said
to go ahead and contact the City Attorney and set a time
limit for this job to be completed . Council informed Mr .
Pappas to contact the attorney and have him give the
developer two weeks to complete the job, if the job is not
complete, the City will do the work and then file charges on
the developer.
Mr. Fred Ouelette of 407 Woodhollow Dr. said that several
council meetings ago there was some discussion about Moore
Industrial and the city land fill. The City is going out
for bids he just wanted the City to know that he is pleased
with Moore. "Moore has always picked up anything I put out
and I can understand an increase if they are requesting
one."
PRESENTATION BY REPRESENTATIVE OF COLLIN COUNTY WOMEN 'S
SHELTER: Mrs. Barry Cunningham representative of Collin
County Crisis Center came before the council to request help
in getting a program for battered wives started in Collin
County. She said they are requesting help from each city in
Collin County. Mrs. Cunningham stated that one out of four
women will be abused during their life. There is no safe
haven for abused women in Collin County at this time. If
Denton or Sherman has room, we can send them there for one
night. Councilwoman Donovan wanted to know how much they
were asking each city for. Mrs. Cunningham said they are
asking each city for $2 ,000 .00 to get the program started.
They have been given about $14,000 from people who have
heard about the program. Councilwoman Donovan wanted to
know if the home was in McKinney. Mrs. Cunningham said at
the present, there is a home in McKinney that they are
looking at. Councilman Westerhof wanted to know if there
was more information such as income, how long they can stay,
etc. City Manager Gus Pappas said the Constitution of the
United States forbids they city to give money to a non-
profit organization. Denton does do this by having a
committee and the City contracts for the public safety of
the citizen. Mr. James Johnson, Finance Director, is
looking into this to see what the City can do to help.
City Manager Gus Pappas also said that the City can give to
the Chamber and they in turn could give the money to this
group. Council requested more information be sent to them
prior to them making a decision.
APPROVAL OF CONTRACT WITH TALEM, INC. FOR MONITORING AND
TESTING SERVICES FOR INDUSTRIAL DISCHARGE: This item was
tabled at the last meeting and has been placed before you
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
industrial waste ordinance we have is difficult, if not
impossible, to enforce because we do not have any concrete
evidence, testing, and monitoring on which to base
enforcement. 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 the Council approves this contract, this
organization will provide the necessary information for us
to bring industrial pollutants under control and into
compliance. City Manager Gus Pappas said the initial cost
of getting this set up is between $3 ,000 . and $5,000 . After
this the City is entitled to bill the producer of the
problem for the test. Councilman Westerhof wanted to know
if North Texas Municipal Water District could provide this
service. Councilwoman Donovan wanted to know why this did
not come to Council for authorization to go out for bids.
City Manager Gus Pappas said that for engineering services,
for testing is considered health and safety for citizens and
does not require bids. There were four firms that were
considered prior to us recommending Talem. Councilwoman
Donovan wanted to know if NTMWD was one of the firms. City
Manager Gus Pappas said he thought NTMWD was one of the four
and that NTMWD tells us they do Richardson, but the City of
Richardson says Talem has done their testing for about six
years. Councilwoman Donovan said she has called NTMWD and
they do this and will give a full service. Mayor Pro Tem
Fulgham said he is ready for a third party to do this
because of the news and NTMWD. It is time for this Council
to stand up and get a third party to give reports to us.
City Manager Gus Pappas said that Talem would be a third
party with the ability to go forward and enforce the issue.
Councilwoman Donovan wanted some figures from other firms.
Mayor Pro Tem Fulgham said this report received from the
engineers on the wastewater treatment plant is why we need
to get a third party. This firm would be like an advisor to
the City. City Manager Gus Pappas said the staff believes
the City needs a third party to review and do the testing.
"You do not leave the fox guarding the hen house. "
Motion was made by Councilman Westerhof to table this item.
Seconded by Councilwoman Donovan. The City Manager Gus
Pappas said the State has put a time table on us and this is
one of the problems that they want started within thirty
days. Staff needs a decision by the next meeting date. The
vote on the above motion was as follows: Mayor Pro Tem
Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, Councilman Brewster - did
not vote, and Councilwoman Donovan - in favor. This motion
carried with four in favor and one not voting.
ACCEPTANCE PUBLIC IMPROVEMENTS FOR POINTE NORTH II : The
improvements have been completed and inspected by the
Engineering and inspection departments. The staff and
engineering department recommends approval of the acceptance
of the public improvements for Pointe North II . Motion was
made by Councilwoman Donovan to accept the public
improvements for Pointe North II . Seconded by Councilman
Trimble. The vote was as follows : Mayor Pro Tem Fulgham -
in favor , Councilman Trimble - in favor, Councilman
Westerhof - abstained, Councilman Brewster - did not vote,
and Councilwoman Donovan - in favor. City Manager Gus
Pappas said that the City Attorney has given the staff a
written opinion and in the case where there are only four
people voting and one must abstain, the motion will carry.
This comes from case history that the attorney has checked
out. This motion carried with three in favor and one
abstention and one not voting.
ACCEPTANCE OF SANITARY SEWER LINE FROM WYLIE SAVINGS AND
LOAN: This is the sanitary sewer line installed for the
Wylie Savings and Loan located on S. Jackson and SH78 . The
City inspector has inspected this line and the engineering
department recommends approval . Motion was made by
Councilwoman Donovan to accept the sanitary sewer line from
Wylie Savings and Loan. Seconded by Councilman Westerhof .
The vote was as follows: Mayor Pro Tem Fulgham - in favor ,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - did not vote, and Councilwoman
Donovan - in favor. This motion carried with four in favor
and one not voting.
ACCEPTANCE OF SOUTHFORK MOBILE HOME PARK OFF-SITE WATER
LINE: The City' s subdivision inspector has made his
inspections and the Engineering department and inspector
recommends this for approval . Motion was made by Councilman
CO
Westerhof to accept the off-site water line at Southfork
Mobile Home Park. Seconded by Councilman Trimble. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - did not vote, and Councilwoman
Donovan - in favor. This motion carried with four in favor
and one not voting.
APPROVE CONSTRUCTION PLANS FOR LAKE RAY HUBBARD MOBILE HOME
PARK: This park is located at the "y" formed by S. FM 544
and Vinson Road. The engineering staff has reviewed these
plans and recommends them for approval . The Planning and
Zoning Commission reviewed these plans also and recommend
them for approval . Motion was made by Councilman Westerhof
to approve the construction plans for Lake Ray Hubbard
Mobile Home Park. Seconded by Councilman Trimble. The vote
was as follows : Mayor Pro Tem Fulgham - in favor,
Councilman Trimble - in favor, Councilman Westerhof - in
favor, Councilman Brewster - did not vote, and Councilwoman
Donovan - in favor. This motion carried with four in favor
and one not voting.
ACCEPTANCE OF RIGHT-OF-WAY FOR VINSON ROAD AND FUTURE SPRING
CREEK BOULEVARD: The City Engineer has advised the staff
that these two roadway rights-of-way were not included in
the property description on the plat. These are shown on
the plat but since there is no subdivision, they must be
dedicated by separate instrument. These rights-of-way are
shown on the plat. Motion was made by Councilwoman Donovan
to approve and accept the rights-of-way for Vinson Road and
future Spring Creek Boulevard. Seconded by Councilman
Westerhof. The vote was as follows: Mayor Pro Tem Fulgham
- in favor, Councilman Trimble - in favor, Councilman
Westerhof - in favor, Councilman Brewster - did not vote,
and Councilwoman Donovan - in favor. This motion carried
with four in favor and one not voting.
ACCEPTANCE OF DRAINAGE & UTILITY EASEMENT FROM LAKE RAY
HUBBARD MOBILE HOME PARK: The City Engineer has also
notified the staff that this item must be handled separately
since there is no subdivision within the mobile home park.
The engineering staff recommends approval of these
easements. Motion was made by Councilman Westerhof to
approve and accept the drainage and utility easement from
Lake Ray Hubbard Mobile Home Park. Seconded by Councilwoman
Donovan. The vote was as follows : Mayor Pro Tem Fulgham -
in favor, Councilman Trimble - in favor, Councilman
Westerhof - in favor, Councilman Brewster - did not vote,
and Councilwoman Donovan - in favor. This motion carried
with four in favor and one not voting.
APPROVE DEVELOPMENT PLANS FOR "THE MEADOWS" : City Manager
Gus Pappas stated to the council that this would be the
final time for them to see these plans. The public
improvements have been put in and approved and accepted by
the City when this was first developed for duplexes. The
Planning and Zoning recommends approval with the
incorporation of all the recommendations they made at their
first review. Motion was made by Councilman Westerhof to
approve development plans for "the Meadows" . Seconded by
Councilman Trimble. The vote was as follows : Mayor Pro Tem
Fulgham - in favor, Councilman Trimble - in favor,
Councilman Westerhof - in favor, Councilman Brewster - did
not vote, and Councilwoman Donovan - in favor. This motion
carried with four in favor and one not voting.
COUNCIL DISCUSSION: Councilwoman Donovan wanted to know if
City Manager Gus Pappas could get a break down on the draw
down schedule with Speed Fab-crete. City Manager Gus Pappas
said he could, but it was not completed, and interest has
dropped but I will put copies in your boxes.
7
Councilwoman Donovan also wanted to know why the pulled
items from the last council meeting were not on this agenda.
City Manager Gus Pappas said the tabled item on the street
names for Southfork was pulled by the request of their
owners . Until they come back to staff, this item will not
come back before the Council . City Manager Gus Pappas asked
Mrs. Donovan if she was referring to his termination and if
so, it was my fault and I will be glad to put the item on
the next agenda if you so wish.
Councilwoman Donovan wanted to know in the subdivision
ordinance ---- what do we have on water leaks --- can this
be tightened up. The City has torn into sidewalks to fix
leaks. City Manager Gus Pappas said the City never went to
the trouble with builders on stating where the water and
sewer line became the property owners responsibility. Today
the subdivision ordinance addresses this and puts the meter
and clean outs where the property owner knows where his
responsibility begins.
Councilwoman Donovan said at the ball fields, the meter
boxes do not have lids on them. City Manager Gus Pappas
said this would be corrected.
Councilman Westerhof said the lights in the downtown area
are burned out . City Manager Gus Pappas said he would have
them changed out.
City Manager Gus Pappas said he needed some direction on the
street program. The letters have gone out and some have
been returned. If we take this area in two parts, one part
has had 67 .18% in favor and the other has only had 24% in
favor. The School has called and would like for us to wait
until they have finished their improvements to Hartman
Elementary before we start the street. City Manager Gus
Pappas wanted to know if the Council would like to have
these put on the next agenda to vote on going ahead with the
project or moving to another area. The Council said to put
them on the agenda.
Councilwoman Donovan wanted to know if the council needed to
have a work session on this to get some direction on where
to go next on the street program.
Motion was made to adjourn by Councilman Westerhof , seconded
by Councilwoman Donovan, all were in favor.
Joe Fulgham, Mayor Pro Tem
ATTEST:
Carolyn Jones, City Secretary
0
•
MINUTES
PLANNING & ZONING COMMISSION
CALLED MEETING
THURSDAY, AUGUST 7, 1986
The Planning and Zoning Commission for the City of Wylie,
Texas met for a Regular Meeting on August 7, 1986 in the
Wylie Community Center. A quorum was present and notice of
the meeting had been posted for the time and in the manner
required by law. Those present were: Chairman Kent Crane,
Vice-Chairman Brian Chaney, Fred Ouellette, J.F. Hall , Ben
Scholz and Ken Mauk. Bill Chapman 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: 00 P.M. by Chairman
Kent Crane.
ITEM NO. 1 - APPROVAL OF MINUTES - Chairman Kent Crane asked
for any additions or corrections to the minutes of the July
24, 1986 Regular Meeting. Vice-Chairman Brian Chaney made a
motion to accept the minutes as presented. Ken Mauk
seconded the motion. Motion carried 5-0.
ITEM NU -- PUBLIC HEARING ON REZONING OF 5 ACRES ON SH78 -
Thi s property is described as 5. 1053 acres out of the S. D.
Shelby Survey, Collin County Abstract 820. The petitioner
is asking +or a change from Retail to Business 1 in order to
add a little flexibility to the tract. The Bi zoning will
allow for higher traffic businesses as well as for
businesses who keep later hours than -hose associated with
the iii zoning v:i11 also allow tor
anything which would be allowed in retail . Specifically, B1
will allow for restaurants with drive-in service, etc. The
staff has reviewed this request and recommends approval .
Letters have been mailed to property owners within a 20) ft .
radius of the property. A total of 18 letters were mailed.
Of the 18 letters only 2 responded and they were favorable
to the B1 zoning.
Chairman Kent Crane opened the public hearing. :here being
no questions or opposition the public hearing was closed and
brought before the board for discussion. Vice-Chairman
Brian Chaney -asked Mr. Pappas if Mr. ^;cussa was p 1 ar:ni ng
anything for this tract besides something with a hinher-
traffic use. City Manager Gus Pappas responded that. the
only thing he knew of was that a McDonalds had approached
them but he did not know if the deal was set. Chairman :.er,t
Crane commented that he does not have a probi em with a
higher tr-.a+f i. c use because even though this is across from a
school , it is an elementary school where parents usually
drop-off their children at the door . There is less walking
traffic here than in a middle school or a high school . He
then asked Mr. Pappas if the Bank was included in the
request for B1 zoning? City Manager Gus Pappas said yes,
but the bank could fit under the B1 zoning. Chairman Crane
• said . that it appeared that the Bank had built across the
property line and that we might need a replat request to
clairfy the problem. City Manager Gus Pappas said that he
thought that the property had been platted into one piece
but the staff would check into that. Fred Ouellette stated
that he had no problem with B1 zoning but that in the future
he would like to know what piece of property he was zoning.
Chairman Kent Crane said that if it was the general
consensous of the commission to approve this then we should
send a note to the Council to verify that this is the piece
of property that we think it is. Vice-Chairman Brian Chaney
said that he would like to leave this tract zoned as retail
and he would like to see an office building there or
something that . would be of a lesser traffic use and
beneficial to the City of Wylie. City Manager Gus Pappas
said that this was considered to be the hottest corner in
Wylie right now and generally you don 't use your best
business locations for office space. J. F. Hall made a
motion to accept the B1 zoning with a notation to the City
Council to verify that this piece of property is one whole
piece. Ken Mauk seconded the motion. Motion carried 4-1
opposed.
ITEM NO. - APPROVAL OF DEVELOPMENTAL PLAN FOR "THE
MEADOWS" - This property is located in the triangle formed
hy S. Ballard , Stone and S. Birmingham streets. Michael
Cummings stated that the plat he was presenting tonight was
__.aei cl y the same as the plat -f)r the concept plan presented
nave -round that
U ter the lots have existing easements from TP&L that are 2
1 /2 feet from the property line on the zero lot line side.
This means that the houses will have to be built 2 1/2 feet
from the property line and have only, 7 1/2 feet between the
houses. City Manager Gus Pappas said that t7ie staff has an
objection to the fence layout because each persons fence
would not be on his property line. Michael Cummings said
that he could maintain the 0 lot lire in ail cases except
the 8 lots where the easements are ha _o-u.l d set ant y those
houses 2 1/2 feet of,_ the property lire. He also said that
he would put a note on the plat that the builder would put
sidewalks all along S. Birmingham, Balard and Stone Rd.
Fred Ouellette made a motion to aopr ov= _ne pa.at with all
houses built on the zero lot line exceo t the 8 houses where
the easement prevents this and sti pul at i.no clearly on the
plat that the builder will provida. si dew._:: s all along
Birmingham, Ballard and Stone Rd. Vic --L,hai r-man Briar;
- -
_ i:�t+1:`�,j sE���.r�E�d the motion. i''�=�t].C`�� �_L.. —: -:.
•
•
•
•
/D •
ITEM NO. 4 - ADJOURN - Vice-Chairman Brian Chaney made a
motion to adjourn the August 7, 1986 Regular Meeting of the
Planning and Zoning Commission. J.F. Hall seconded the
motion. Motion carried 5-0.
Kent Crane, Chairman
Planning & Zoning Commission
Respectfully Submitted:
Amanda Maples, Secretary
•
•
. 1/
August 13, 1986
City Council
W ylie, Texas
Dear Council Members,
I do hereby resign from my position as a member of the City Council
of Wylie, Texas.
Yours truly,
/ .;
z,,e:7q,94-e e e)
/c'?
REQUEST TO BE PLACED ON AGENDA
Cate For net Council Agenda__A
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request that the following item be placed on the City
Council A enda.
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Consi der- : L ii4All*L PlLS---ef Toe., c ,t. 111 ---
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Reason for request : - - ---------- -
Thank you.
Signature
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Street r
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City, Teas Zip Code
Phone Number
REQUEST TO BE PLACED ON AGENDA
Date For n >:t Council Aoende. ato4 � /g_(p
t4,'/
request that the following item be placed on the City
Council Agenda.
Q SO J £ ii
Reason for request :
Thank you,
Signature )1/
Street ia.);3e11,Arj
City, Texas Zip Code v IJOA1
Phone Number
REQUEST TO BE PLACED ON AGENDA
Date For net Council Ayend . Jdo
request that the following item be placed on the City
Council Agenda,
C9p.sTITer: 0_004 OCCLee a ef 0 fird-424___
_a_CLIACAit_16/s
Reason T qr request :
Thant:: you,
Signature
Street
-41/1
City, Teas Zip Code
Y'
Phone Number
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REQUEST TO BE PLACED ON AGENDA
Date For net Council Agenda.__ _- } [Tqo
Al
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request that the following item be placed on the City
Council Agenda.
Con= er: O, QV0r Pf O 1Q1f1/l _--
Reason for request :
Thank you,
Signature
Street Piid°City, Teas yip Cade
P611
Phone Number 1' "
��
I
J
NOTICE OF PUBLIC HEARING
ON TAX RATE
The City of Wylie will hold a public hearing on a proposal
to increase total tax revenues from properties on the tax
roll in 1985 by 4. 89 percent. Your individual taxes may
increase at a greater or lesser rate, or even decrease,
depending on the change in the taxable value of your
property in relation to the change in taxable value of all
other property.
The public hearings will be held on August 26th, September
9th, and at 7:00 P. M. at 800 Thomas Street at the Wylie
Community Center and September 16th at 7: 00 P. M. in the
Reta and Truett Smith Library Work Room.
Mayor Pro Tem Joe Fulgham
Place 1 Councilman
Place 2 Councilman Westerhof
Place 4 Councilman Brewster
Place 6 Councilwoman Donovan
Summary - For the proposal
Against the proposal
Absent and not voting
Please furnish a publishers affidavit
/`/
PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS:
Now comes _Qestennigil,Ara,p_oha Devl Vgnturg_ of the County of
Dallas and the State of Texas, and represents to
the City Council of the said City of Wylie, Texas, that he
is the owner or is acting for all of the owners or
partnerships or 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:
Attached as Exhibit "A"
/
TRACT A
Being a tract of land situated in the Francisco de la Pina
Survey , Abstract No . 688 , Collin County , Texas and being
part of the land conveyed to the Howe Sound Company by deeds
recorded in Volume 584 , Page 158 , Volume 584 Page 13 and
Volume 584 , Page 173 of the Deed Records of Collin County ,
Texas and being more particularly described as follows :
BEGINNING at an iron rod set for corner in the center of a
dirt road , said iron rod being the point of intersection of
said centerline with the Southerly R .O.W. line of an 18 foot
roadway , said iron rod also being the most Westerly
Northwest corner of an 18. 61 acre tract onveyed in Volume
564 , Page 158;
TEENCE N 78 deg . 02 ' 52" E , along said Southerly R .C .W.
line , a distance of 2 .5 . 1.4 feet to an iron rc:: set for
corner , at the beginninc of a curve to the left , h�aving a
ceri:era_ en I a o- it a radius cf feet
and a chord bearing of : 76 :leg . t2 ' 27" a , = :7 . . 3 feet ;
,KL ;C_ mono said curve to the left and said Eoutherly
.-e , en arc t istance of feet c:. iron roc
set for corner ;
mtLC.1 N . 62 deg . 02 ' C.2" :, continuing along said S.outhe_1
y
• L
of 12c, 1 . 26 feet to en iron rod set
for corner , at tte beginning of a curve to the left , havin'=
. ant of E. r a• 41. ' � a radius i•f .c32 . /9 feet
e central �. - �' ' � -- '
and a chord bearing of i. 53 dec . 39, 02" i E . _55 . 1"' feet ;
1:?ENC:_ along said curve to the left , and continuing along
said Southerly 1: . line an arc distance of :(:.-` beef to
an iron rod set for corner ;
EZNC: N LC. deg Its ' 02" - , along said Souther'i line ,
a distance of i feet t to iron rod found for cornier ;
- -
TfENC_ S `.S de_ 48 ' 0C" E .
along the Northerly line of an
1C• .C1 acre tract of land conveyed in 1OLaE 5E4 , gage 15C , a
distance of 59. 42 feet to an iron rod set for corner ;
T}:LNCE S 01 deg 54 ' 20" along the Easterly line of said
lc .t;l acre tract , a distance of 1v5.76 feet to an iron rod
found for corner ;
ThENCE S :,t deg 12 ' %" t , along the northerly line of a
•
lu 3cacre tract converet in Vclure .;.L , ra,2e 1:. , a distance
of161c . 2; feet to an iron rod set for corner ;
/e
:!;_*:C: S ( 1 de^ �7 ' L''�" V aion^ the Easterly Line of said
L. _ cre _rr: t , a ci:tance o: - _ _ to an i.. n rod
found for corner ;
tL deg 12 ' .3" L along a fence and the northerly
line cf a _ . 0 acre tract conveyed in "to:arc _ ' al-e lit. ,
a distance of 117C, . 71 feet to an iron rod set for corner in
the ..orzr.erly n .( . . . line of te i^"e:a and :.ante
'
ie Railway Co ( 1: .. varies) ;
' ' , . long said .:or_nerl r ,r• , 1:. line ,
' � E:...L 5 ;.,1 deb �� . _ � -.
st_i line heir. _ .r - -z_ ,nc ,C' feet i.er7e7,Litvlar t2 the
centerline of the rain tract , c _is _ance of _` -f . _ '_ feet is
ron rod se _ icr corner , at tr.e : eZ _nr_:r._ cf a _zrve
C,.P left , having, a central e.rgel cl C t:c= _ ' J'=" , a Iad' is
cf T f•O t ; ._C. a chord bearir. of c _ • e s - Y •
feet
T:-:ErCL along said Northerly R .C.1. . lire , an arc •: istcnce of
t .: S . 5L feet tc = r. _. _ ._ rc(= :et for corner ;
„ 76 deg 2.: 1 _ 1 „ conti-ui: _ - lc - : : :id Norther' -
. 1 , of _ 1 - _ ,_ fee: t_ an _rcrl roe set
for corner , at the ti-erirnir _ c _ crve t^ the left ,
ram..: i._ a: , le _ is des : . ' ' , a rrcits of . - -
feet and a chord '_ a:_ dec 1 - _ _ 2.:.7 .&t.
feet ;
:i:_.:CL aicr.c said c-_r e to t. e left an.f Lai _ :.crtherl _
. .�, . line , an arc c_ . _:rce . : 12E. . 1 . _r. _r.:n rod
set for corner ;
T}iE;;C: A. deg . : c ' (y2" E. alone the centerline cf a_ rirt
road ai,d the '•'e= _ :in = cf said 1t . f1 ocre tract , a distance
117 . 74 feet to the r'_-ii , _ _ �t>i. : is � , a' . containing
t' 1 . cacre= of fan_, , ' cra or less ( _ , 614 ,i.t1 )
i:eing a tract of land situated in the Francisco de la F•ina
_ arve; , Abstract No. '.O' i r. County , :eses and being
?art of the land conveyed to ::owe Sound Cor ?any by deeds
recorded in Volume , .age 156, 1'oi'_r.e 5L , ?ace 1 _ ,
Volume 584 , rage 113 and Volume 584 , ?age 172 of t e :sec
Records of Collin. County and being Tore *.articularly
described as fol'_Aw°s :
at an iron rod set for corner at _:_ Sot th' est
corner cf a .5- acre tract conveyed
15 said iorn� rod heir: the toint of intersection of the
centerline of a dirt road with the Northerly right-of-way
line of State Highway No . 78 (R .O.W . varies) ;
THENCE N 01 deg 06' 02" E. along the center line of said
dirt road and the westerly line of said 74 . 54 acre tract , a
distance of 587 . 18 feet to an iron rod set for corner at the
beginning of a non-tangent curve to the right , having a
central angle of 12 deg 48' 36" , a radius of 5679 .58 feet
and a chord bearing of N 69 deg 58' 53" E, 1267 . 17 feet ; .
THENCE along said non-tangent curve to the right of the
Southerly R .O.W. line of the Atchison , Topeka and Santa Fe
Railway Co (ROW varies) , said line being parallel and 50
feet perpendicular to the centerline of the main track , an
arc distance of 1269 .81 feet to an iron rod set for corner ;
THENCE No . 76 deg 23 ' 11" E , continuing along said Southerly
R .O .W . line of a distance of 2169 . 40 feet to an iron rod set
for corner at the beginning of a curve to the right , having
a central angle of 05 degs 27 ' 54" , a radius of 8544 . 37 feet
and a chord bearing of N 79deg 07 ' 08" E, 814 .68 feet ;
THENCE along said curve to the right and said Sourtherly ROW
line , an arc distance 814 .98 feet to an iron rod set for
corner .
THENCE N 81 deg 51 ' 05" E, along said Southerly ROW line , a
distance of 741 . 22 feet to an iron rod set for corner at the
Northwest corner of a 2 . 22 acre tract of land conveyed to
the Atchison , Topeka And Santa Fe Railway Co. by deed
recorded in Volume 1473, Page 612 of the Deed Records of.
Collin County :
THENCE S 01 deg 29 ' 00" W, along the Westerly line of said
2 . 22 acre tract , a distance of 50.72 feet to an iron rod set
for corner ;
THENCE N 81 deg 51 ' 06" E, along the Southerly line of said
2 . 22 acre tract , a distance of 2047 . 13 feet to an iron rod
set for corner ;
THENCE S 88 deg. 42 ' 25" E, along a fence and the Northerly
line of a 74 . 71 acre tract , conveyed in Volume 584 , Page 13
and continuing along the Northerly line of a 67. 54 acre
tract conveyed in Volume 584 , Page 162 , a distance of
1276.87 feet to an iron rod found for corner,
THENCE S 03 degs 26' 30" E, along a fence and the Easterly
line of said 67 .54 acre tract , a distance of 1373. 14 feet to
an iron rod found for corner ;
TEHNCE S 49 degs . 21 ' 30" W, along a fence and the
Southeasterly line of said 67 .54 acre tract , a distance of
64 . 37 feet to an iron rod set for corner ;
a�"
THENCE N 86 degs 45 ' 49" W, along the southerly line of said
67 . 54 acre tract , a distance of 141 . 96 feet to an iron rod
set for corner ;
THENCE N 89 degs . 09 ' 49" W, continuing along said Southerly
line , a distance of 206.00 feet to an iron rod set for
corner ;
THENCE N . 88 degs 34 ' 49" W, continuing along said Southerly
line , a distance of 577 .80 feet to an iron rod found for
corner ;
THENCE S 01 degs 10' 39" W, along an Easterly line of said
67 . 54 acre tract , a distance of 487 . 21 feet to an iron rod
set for corner at the beginning of a non-tangent curve to
the right , having a central angle of 18 degs 17 ' 36" , a
radius of 5729 . 58 feet and a chord bearing of S 82 degs 17 '
35" r: , 1b21 . 57 feet ;
THENCE along said non-tangent curve to the right and the
Northerly R . G .W . line of State Hwy . 78, an arc distance of
1829 . 33 feet to a concrete R .O.W. marker found for corner ;
THENCE N 88 degs 33 ' 37" W, along the Northerly R .O.W. line
of SH :E , a distance of 645. 25 feet to an iron rod found for
corner ,
THENCE N . 88 degs 29 ' 55" W, along said Northerly R .O.W.
line , a distance of 1831 .84 feet to an iron rod found for
corner ;
THENCE N 09 degs. 14 ' 10" E, along a jog in said Northerly
R.O.W. line , a distance of 11 . 96 feet to a concrete R .O.W .
marker found for corner ;
THENCE N . 88 degs 31 ' 13" W, along said Northerly R .O.W.
line , a distance of 1041 .95 feet to a concrete R .O.W. marker
found for corner ;
THENCE S 07 degs 51 ' 52" W, along a jog in said Northerly
R.O.W. line, a distance of 3.60 feet to a concrete R .O.W.
marker found for corner ,
THENCE N 88 degs 31 ' 00" W, along said Northerly R.O.W.
line , a distance of 999.73 feet to a concrete R.O.W. marker
found for corner ,
THENCE S 01 degs 30' 00" W, along a jog in said Northerly
R. O.W. line , a distance of 8.00 feet to an iron rod found
for corner ,
THENCE N 88 degs 31 ' 00" W, along said Northerly R.O.W.
line , a distance of 556.80 feet to an iron rod set for
corner at a wood R .O.W. marker , and being the beginning of a
curve to the left , having a central angle of 07 degs 20 '
10" , a radius of 2864 . 79 feet and a chord bearing of S 87
degs 48' 55" W , 366. 55 feet ;
THENCE along said curve to the left and said Northerly R .O.
W . line , an arc distance of 366.80 feet to the POINT OF
BEGINNING , and containing 286. 398 acres of land , more or
less ( 12 , 475, 498 S.F. )
SAVE AND EXCEPT 7 . 136 Acres
BEING a tract of land situated in the Francisco de la Pina Survey,
Abstract No. 688, of Collin County, Texas, said tract being part of a
74.54 acre tract of land recorded in Volume 584, Page 158, of the Deed
Records of Collin County, said tract also being part of Tract "B",
286.398 acres, as surveyed by Harry B. Carroll , Registered Public
Surveyor No. 986, and being more particularly described as follows:
COMMENCING at a point at the southwest corner of a 74.54 acre tract
conveyed in Volume 584, Page 158, said point being the point of
intersection of the centerline of a dirt road with the northerly
R.O.W. line of State Hwy. No, 78 (R.O.W. varies), and the beginning of
a curve to the right having a central angle of 7 deg 20 min 10 sec, a
radius of 2864.79 feet,and a chord bearing of N 87 deg 48 min 55 sec,
366.55 feet;
THENCE along said curve and along the northerly R.O.W. line of State
Hwy. 78, an arc distance of 366.80 feet to a point;
THENCE continuing along the northerly R.O.N. line of State Hwy. 78 as
follows:
S 88 deg 31 min 00 sec E, 556.80 feet to a point;
N 01 deg 30 min 00 sec E, 8.00 feet to a point;
S 88 deg 31 min 00 sec E, 311.48 feet to the POINT OF BEGINNING.
THENCF ,4 01 deg 29 min 00 sec E, leaving the northerly R.O.W. line of
Stat riwy.78, 776.00 feet to a point for corner;
THE �E N 76 deg 23 min 11 sec E, 389.44 feet to a point for corner;
T" _NCE S 01 deg 29 min 00 sec W, 877.43 feet to a point for corner in
ne northerly R.O.W. line of State Hwy. 78;
THENCE N 88 deg 31 min 00 sec W, along the northerly R.O.W. line of
said State Hwy. 78, 376.00 feet to the POINT OF BEGINNING, and
containing 7.136 acres of land.
o73
PETITION FOR ZONING CONT' D. PAGE 2
Said Dan Lavetts represents that he and all
other owners desire the zoning to be changed from
"A" to attached as Exhibit "B" in accordance with
the current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner, therefore, respectfully prays that the land
above described be zoned by the said City of Wylie, Texas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness the hand of this petitioner this the 8th
day of August , l 98 6
Si gnature
Dan Lavetts
Please Print Name
5720 LBJ Fnry. , Ste. 610
Street address or Box No.
Dallas Tx. 75240
City Texas Zip
214/458-9909
Telephone
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned Notary Public on this day
personally appeared Baron Cook , known to me to be
the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
Given nder my hand andpeal of office this the day
of _ 198k.
<14"
No ary Pu cYkleiV. ounty, Texas
Cn MIL wa .Alas
i:wid 10% - *' __-_ ' -- -TRACT 9 PNIOrO�EO ZOIrvender J
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a.•ww PROPOSED ZONMtO idF rr•uw' out' oo' ``� l V« 1
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO.
81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION
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
DOLLARS ($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 Centennial Arapaho Dev. Venture 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:
Said property being described as follows:
320.9 acres out of the Francisco de la Pina Survey, Collin County Abstract 688
Tract 1 76.50 ac. B1
Tract 2 21.21 ac. MF
Tract 3 8.51 ac. SF-A
Tract 4 17.70 Sf3
Tract 5 8.89 SF2
Tract 6 10.90 SF-A
Tract 7 18.47 B1
Tract 8 117.07 SF3
Tract 9 41.65 I
ORDINANCE NO. CONT'd. Page 2
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 invalid, 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 hereto-
fore amended, and upon conviction shall be punished by fine not to exceed the
sum of two hundred dollars ($200.00) for each offense, and that each day such
violation shall continue to exist shall constitute a separate offense.
SECTION 6. It is necessary to give the property described herein the
above mentioned zoning classification in order to permit its proper develop-
ment and in order to protect the public interest, comfort and general welfare
of the City. Therefore, this ordinance shall take effect immediately from
and after its passage and publication of its caption, as the law in such
cases provides.
DULY PASSED by the City Council of the City of Wylie, Texas , this
day of , 1983.
APPROVED:
Mayor
ATTEST:
Carolyn Jones, City Secretary
9
TRACT A
Being a tract of land situated in the Francisco de la Pina
Survey , Abstract No . 688 , Collin County , Texas and being
part of the land conveyed to the Howe Sound Company by deeds
recorded in Volume 584 , Page 158 , Volume 584 Page 13 and
Volume 584 , Page 173 of the Deed Records of Collin County ,
Texas and being more particularly described as follows :
BEGINNING at an iron rod set for corner in the center of a
dirt road , said iron rod being the point of intersection of
said centerline with the Southerly R .O.W. line of an 18 foot
roadway , said iron rod also being the most Westerly
Northwest corner of an 18. 61 acre tract onveyed in Volume
564 , Page 158 ;
ThENCE N 78 deg . 02 ' 52" E , along said Southerly R .C .W .
line , a distance of 2 5 . L.a feet to an iron rc set for
corner , at the beeinninc of a curve to the left , having a
ceF tera_ en la 01 iC f e i .• ' ; , a radius feet
and a c:hcrd bearing of 7G aeg . C2 ' :7" 7 . . _ feet ;
= :C: a1onc said curve to the left and said =outherly
.t •• 2i.._ , an arc L.isc..-nc = of c1 . / '_ feet an iron roc
set for corner ;
_ N . 0 �, :o e:
-'r� C;:;�, � deg . 02 ' 2 a =- , continuing c1Gri£ aid � Luth _
r. . 3 . line , a instance of 12(1 . 26 feet to an iron rod set
for corner , at the beci nning of a curve to the left , havin
i i - " a radius1, feet
Ccentral _. L ii-' of 1 € � e�. 4l� � - , f C� :ice / C, I c t
and c 33 39 ' 02" E , . 1 . feet ;
bearir.� of ,. �� dep . � =�
HENC_. along said curve to the left , and continuing alonp
said lout er y i: . _ . line an arc distance of E-= !-.: . 23 feet to
an iron rod set for corner ;
ThLNC= N i`• dec 16 ' 02" along said Souther_7 -. . C .1;. line ,
a distance of 1. . 5C feet to iron rod _ Guns for corner ;
TRENC= S E8 den 48 ' Ci. " E . along the Norther : line of an
1d . Ci acre tract of land conveyed in VULU':E 5E23 , Fa2e 1 a
distance of 59.42 feet to an iron rod set for corner ;
FENCE S 01 deg 54 ' 20" along the Easterly line of said
10 . 61 acre tract , a distance of 1 . 76 feet to an iron rod
found for corner ;
1=CE S C.v deg 1_ ' 27" 1 , along the .orther_: line of a
2u . 3t acre tract c0nve:7ed in Volume 5i'L , t'a -e 1 _ , a distance
of ib1c . 34 feet to an iron rod set for corner ;
de^ 37 ' ('_" V aior._ the Easterly line of oaicj
acre tract , a distance of i _ _ . : e= _ an iron red
found for corner ;
T'.:LNCE EE deg 12 ' 43" L along a fence and the ;Cortbar1v
fine cf a acr2 tract conveyed in -volurc _ - , 2' e 1 / 2 ,
a distance of 11 7: . 71 feet to 3n iron rod set for corner in
tie ..orzc.er y . line of te t !'lc•_ . , in-ea and Santa
1. e Railway Co varies) ;
-iH t =" .' lono said .' crt::erl _• r .( . 1. . line ,
E:::,:. � �1 deg 5i _ _ -
line bein :.. end lC feet T.er7 a;c is the
centerline of the rain tract , - _is _ance cf -` -E. . _ 1 feet t _
= n1on rod set Icr corner , at tre _ e� nr._r.: of a _.�rve tc
c:Ieleft , Navin: a central areel df i. = Ca; :- ' 5L" a rao'iis
c 7.ECt . r_r. a chord bearir;-- of F '_e,s
feet ;
T.EI C!_ along said Y .r_herly R . C . ‘. . lire , fell arc istanace of
feet to Er. ircn lair zit for corner ;
E 76 deg 22 ' 11 " conti..ui: .-'_c . : . _id Norther'
i_ t_: c _ of _ 1 .: . - ' -fee: to an iron, rod set
for corner , at the _ e� ir::in _ cf carve to t:-£ left , .vine
ram.._.:i:_ i _ is de•. _ ' " , a :£tics cf 5,77
feet , and a chord `_ .:.__ _r of _ ;+_ dec,
feet ;
a cr:c sail c-_r e to t.-,e left ir.f said : crthe_l
. �, . . line , an arc c_ _ _arc. cf 124 .. . 1 _ feat to an _r:n rod
set for corner ;
THEI C: ,- .;l deg . U.'2" L . alone the centerline C: a dirt
road e:.0 t'-.e 'bite_ _ __r_ of said 1. . f.l acre tract , a distance
:i 117 . 74 Ieet to the Full a-.: containing
41 . i: 4f acres of fan , '.cre or less ( - , t`_ i� , i.Ci )
-.eing a tract cf land situated in the Francisco de la Pina
:irve„ abstract No. ,2o_lin County , _exas and 'being
:art of the land conveyed to :owe Sound Cor,?anv by deeds
recorded in Volume , :'Page 158 , Volume 5E4, race 'iti2 ,
Volume 584 , ?age 113 and Volume =84 , ?age 172 of the teed
Records of Collin County and bEir,c Tore r:articular?y
described es follows :
-EGINNi (; at an iron rod set for corner at :n a Southwest
orner of a act _ tract convevei' iri _ _' e - , Pace
=5:. said iorn rod heir; the * oint of intersection of the
centerline of a dirt road with the Northerly right-of-way
line of State Highway No . 78 (R . O . W. varies) ;
J
THENCE N 01 deg 06' 02" E , along the center line of said
dirt road and the westerly line of said 74 . 54 acre tract , a
distance of 587 . 18 feet to an iron rod set for corner at the
beginning of a non-tangent curve to the right , having a
central angle of 12 deg 48 ' 36" , a radius of 5679 . 58 feet
and a chord bearing of N 69 deg 58' 53" E , 1267 . 17 feet ; .
THENCE along said non-tangent curve to the right of the
Southerly R . O. W . line of the Atchison , Topeka and Santa Fe
Railway Co (ROW varies) , said line being parallel and 50
feet perpendicular to the centerline of the main track , an
arc distance of 1269 . 81 feet to an iron rod set for corner ;
THENCE No . 76 deg 23 ' 11 " E , continuing along said Southerly
R .O .W . line of a distance of 2169. 40 feet to an iron rod set
for corner at the beginning of a curve to the right , having
a central angle of 05 degs 27 ' 54" , a radius of 8544 . 37 feet
and a chord bearing of N 79deg 07 ' 08" E , 814 .68 feet ;
THENCE along said curve to the right and said Sourtherly ROW
line , an arc distance 814 .98 feet to an iron rod set for
corner .
THENCE N 81 deg 51 ' 05" E , along said Southerly ROW line , a
distance of 741 . 22 feet to an iron rod set for corner at the
Northwest corner of a 2 . 22 acre tract of land conveyed to
the Atchison , Topeka And Santa Fe Railway Co . by deed
recorded in Volume 1473 , Page 612 of the Deed Records of.
Collin County :
THENCE S 01 deg 29' 00" W, along the Westerly line of said
2 . 22 acre tract , a distance of 50. 72 feet to an iron rod set
for corner ;
THENCE N 81 deg 51 ' 06" E, along the Southerly line of said
2 . 22 acre tract , a distance of 2047 . 13 feet to an iron rod
set for corner ;
THENCE S 88 deg . 42 ' 25" E, along a fence and the Northerly
line of a 74 . 71 acre tract , conveyed in Volume 584 , Page 13
and continuing along the Northerly line of a 67 . 54 acre
tract conveyed in Volume 584 , Page 162 , a distance of
1276. 87 feet to an iron rod found for corner ,
THENCE S 03 degs 26 ' 30" E, along a fence and the Easterly
line of said 67 . 54 acre tract , a distance of 1373. 14 feet to
an iron rod found for corner ;
TEHNCE S 49 degs . 21 ' 30" W, along a fence and the
Southeasterly line of said 67 . 54 acre tract , a distance of
64 . 37 feet to an iron rod set for corner ;
THENCE N 86 degs 45 ' 49" W , along the southerly line of said
07 . 54 acre tract , a distance of 141 . 96 feet to an iron rod
set for corner ;
THENCE N 89 degs . 09 ' 49" W , continuing along said Southerly
line , a distance of 206 .00 feet to an iron rod set for
corner ;
THENCE N . 88 degs 34 ' 49" W, continuing along said Southerly
line , a distance of 577 . 80 feet to an iron rod found for
corner ;
THENCE S 01 degs 10 ' 39" W , along an Easterly line of said
67 . 54 acre tract , a distance of 487 . 21 feet to an iron rod
set for corner at the beginning of a non-tangent curve to
the right , having a central angle of 18 degs 17 ' 36" , a
radius of 5729 . 58 feet and a chord bearing of S 82 degs 17 '
35" Y; , 1b21 . 57 feet ;
THENCE along said non-tangent curve to the right and the
Northerly R .O .W. line of State Hwy . 78 , an arc distance of
1829 . 33 feet to a concrete R .O. W . marker found for corner ;
THENCE N 88 degs 33 ' 37" W , along the Northerly R .O . W . line
of SH ;E , a distance of 645 . 25 feet to an iron rod found for
corner ,
THENCE N . 88 degs 29 ' 55" W , along said Northerly R .O . W.
line , a distance of 1831 .84 feet to an iron rod found for
corner ;
THENCE N 09 degs . 14 ' 10" E, along a jog in said Northerly
R .O .W . line , a distance of 11 . 96 feet to a concrete R .O .W .
marker found for corner ;
THENCE N . 88 degs 31 ' 13" W, along said Northerly R . O.W.
line , a distance of 1041 .95 feet to a concrete R .O.W. marker
found for corner ;
THENCE S 07 degs 51 ' 52" W, along a jog in said Northerly
R.O.W. line , a distance of 3 . 60 feet to a concrete R .O.W.
marker found for corner ,
THENCE N 88 degs 31 ' 00" W, along said Northerly R .O.W.
line , a distance of 999 . 73 feet to a concrete R.O.W. marker
found for corner ,
THENCE S 01 degs 30' 00" W, along a jog in said Northerly
R . O.W. line , a distance of 8 .00 feet to an iron rod found
for corner ,
THENCE N 88 degs 31 ' 00" W, along said Northerly R.O.W.
line , a distance of 556 . 80 feet to an iron rod set for
corner at a wood R .O.W. marker , and being the beginning of a
J
curve to the left , having a central angle of 07 degs 20 '
10" , a radius of 2864 . 79 feet and a chord bearing of S 87
degs 48 ' 55" W, 366. 55 feet ;
THENCE along said curve to the left and said Northerly R .O.
W . line , an arc distance of 366. 80 feet to the POINT OF
BEGINNING , and containing 286. 398 acres of land , more or
less ( 12 , 475 , 498 S . F. )
SAVE AND EXCEPT 7 . 136 Acres
BEING a tract of land situated in the Francisco de la Pina Survey,
Abstract No. 688, of Collin County, Texas, said tract being part of a
74.54 acre tract of land recorded in Volume 584, Page 158, of the Deed
Records of Collin County, said tract also being part of Tract "B",
286.398 acres, as surveyed by Harry B. Carroll , Registered Public
Surveyor No. 986, and being more particularly described as follows:
COMMENCING at a point at the southwest corner of a 74.54 acre tract
conveyed in Volume 584, Page 158, said point being the point of
intersection of the centerline of a dirt road with the northerly
R.O.W. line of State Hwy. No, 78 (R.O.W. varies), and the beginning of
a curve to the right having a central angle of 7 deg 20 min 10 sec, a
radius of 2864.79 feet,and a chord bearing of N 87 deg 48 min 55 sec,
366.55 feet;
THENCE along said curve and along the northerly R.O.W. line of State
Hwy. 78, an arc distance of 366.80 feet to a point;
THENCE continuing along the northerly R.O.W. line of State Hwy. 78 as
follows:
S 88 deg 31 min 00 sec E, 556.80 feet to a point;
N 01 deg 30 min 00 sec E, 8.00 feet to a point;
S 88 deg 31 min 00 sec E, 311.48 feet to the POINT OF BEGINNING.
THENCE N 01 deg 29 min 00 sec E, leaving the northerly R.O.W. line of
State Hwy.78, 776.00 feet to a point for corner;
THENCE N 76 deg 23 min 11 sec E, 389.44 feet to a point for corner;
THENCE S 01 deg 29 min 00 sec W, 877.43 feet to a point for corner in
the northerly R.O.W. line of State Hwy. 78;
THENCE N 88 deg 31 min 00 sec W, along the northerly R.O.W. line of
said State Hwy. 78, 376.00 feet to the POINT OF BEGINNING, and
containing 7.136 acres of land.
PETITION FOR ZONING CONT' D. PAGE
Said Baron Cook represents that he and all
other owners desire the zoning to be changed from
"A" to attached as Exhibit "B" in accordance with
the current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner, therefore, respectfully prays that the land
above described be zoned by the said City of Wylie, Texas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness tt)e hand of this petitioner this the
-P-`1
day of CCC-C , 198
/Yaw( (U.-
Signature
/ /?OA/ Cco 1k
Please Print Name
S91/9 .54eze,i S�,r_ zo
Street add ess or Box No.
City Texas Zip
2"4/ - 364-Goo
Telephone
PETITION FOR ZONING CONT' D. PAGE 2
Said Dan Lavetts represents that he and all
other owners desire the zoning to be changed from
"A" to attached as Exhibit "B" in accordance with
the current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner, therefore, respectfully prays that the land
above described be :oned by the said City of Wylie, Texas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness the hand of this petitioner this the 8th
day of August , 198 6
Signature
Dan Lavetts
Please Print Name
5720 LBJ Frwy. , Ste. 610
Street address or Box No.
Dallas Tx. 75240
City Texas Zip
214/458-9909
Telephone
4
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned Notary Public on this day
personally appeared Baron Cook , known to me to be
the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
Given nder my hand and Aeal of office this the _7 day
of Lam , 198k.
STACEY S.UM No ary Pu c ounty, Texas
bomb,MO dime vy
�tComado4is /2,
ce7
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned Notary Public on this day
personally appeared ___DaALBYCUL . known to me to be
the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
Given under my hand and seal of office this the day
of 1913 .
L- y Public Gori'ITr County, Texas
CAROL A. ELROD
......w.��ram... .r,
j M 1l
.
—► us —
f•lo•oo' ! N•12'af' wow' -. — — ra'36'[ i 1 7-' /
PROPOSED ZOIIINO
�:a[aa'r TRACT 9 I ,' ..ar[aze wool,; =-- ;/
[•0000 �/ eo I i 1
+•� PROPOSED` 1
'soa�f' F.04. TRACT 3 ZONNO . \ i1 �� •
'� o�� �•►sots aorcl[{ ; 0.61 ac. SF-A h u+f7 1 1 ���/
'�' li13' [�t [.ffaf.aj waos.w 04f. flop ' TRACT 8 11 1 --yt• w µcM' "nioo'[ �.wo.w 1 SW TRACT= --- 117.07 ac. 1\1 �, s
s
i[.n adp' •" I S 5 Y / PROPOSED ZONING \1 1 C .
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REQUEST TO EE PLACED ON AGENDA
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REQUEST TO BE PLACED ON AGENDA
Date For net CoJncil Agenda_ p CQ /- Z
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I . request that the following item be placed on the City
Council Agenda.
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CITY OF WYLIH
114 N. BALLARD ST. - P.O. BOX 428
WYLIE TEXAS
75098-0428
MEMORANDUM
August 15, 1986
TO: Gus Pappas, City Manager
FROM: Royce Abbott, Chief of Police
RE: Letter From Commissioners Court Regarding Inter-Local Jail Service
Mr. Pappas:
On August 13, 1986, in a staff meeting, we briefly discussed a letter
from the Honorable Bill Roberts, Judge, Collin County Commissioners Court.
The letter made reference to an inter-local jail service ageement, copies
of which were attached to the letter.
After reading the ageement it is my opinion the $55.00 per prisoner
per day or any part thereof is an excessive amount to charge for services
already paid for by the taxpayers. I do not think the City should be
charged the full amount when most prisoners arrested on city charges make
bond immediately after booking process which takes one person approximately
10 to 15 minutes time. If the County insists on charging for arresting and
booking persons on city charges I think we should check with our city attorney
to see if we would not be able to charge the County• a like amount for all
persons arrested by this department on county warrants since we are also
faced with the same responsibilities and liabilities that Judge Roberts has
mentioned in his letter
I think the only time the City should be responsible for this charge is
when a person is committed to jail after due process, for the purpose of
serving time-in lieu of paying his fine. According to the way the letter
reads, if a person is arrested at 11:45 P.M. and is released at 12:15 A.M. ,
the City would be charged $110.00 and the person had only spent 30 minutes
in custody. The Police Department at this time has a verbal agreement with
the Sheriff's Department to notify us when a person is arrested on our charges.
Once notified that the County has a .person in custody on city warrants, that
person is immediately transferred to this. department.
I kecommend that the City not enter into this agreement until it has
been amended to eliminate charges for merely arresting and booking prisoners.
y Abbott .
Chief of Police
RDA:cb
PLO 5 M6
COLLIN
COUNTY
•
William J. Roberts, County Judge
July 31, 1986
The Honorable Don Hughes
Mayor of Wylie
P. O. Box 428
Wylie, TX 75098
RE: Interlocal Jail Services Agreement
Dear Mayor Hughes:
In the past few years the Texas Commission on Jail Standards has
taken a hard line approach to invoke compliance with its regula-
tions, particularly those which address maximum jail populations.
"Stepped up" enforcement of these standards has already had an
abrupt impact on most counties throughout the state. Jails that
do not meet the requirements are being ordered closed.
Other areas of major concern to counties are the costs of health
care services and liability insurance necessary to imprison
criminal offenders. As you well know, the inability to provide
such services or the lack of adequate insurance coverage could
result in drastic legal ramifications.
During a special meeting on July 7, 1986, the commissioners '
court unanimously adopted two orders to offset the costs of
complying with these state and federal regulations. A copy
of pages 1 and 4 of the meeting minutes are attached for your
reference.
Court Order No. 86-476-7-7 increases the per day per prisoner
housing fee from $50.00 to $55.00 effective October 1, 1986.
Order No. 86-477-7-7 requires outside governmental agencies to
enter into an interlocal agreement with Collin County to insure
provision of all services necessary for and during imprisonment
of that entity's accused or convicted persons. A copy of each
order and an original Interlocal Jail Services Agreement are
enclosed for review and action.
McKinney, Texas 75069 • (214) 542-9441 • 231-7170 (Metro)
Page 2 of 2
•
Please introduce these matters to your council members as soon as
reasonably possible as the commissioners have specifically re-
quired implementation of both orders on the first day of Fiscal
Year 1987 (10/1/86) . Following approval and execution, the
interlocal agreement should be returned to my attention. My
staff will send you a fully executed copy immediately thereafter.
Your understanding and cooperation is appreciated. I am avail-
able to receive any questions or comments you may have. Please
don't hesitate to call.
Respectfully,
LNL \-?-‘439-
William J. Roberts
WJR/bjs
enclosures (3)
cc: Royce Abbott, Chief of Police
. . • J Gil'�I�' �2�'
COURT ORDER NO. RirelliraTZ
•
•
THE STATE •OF TEXAS COMMISSIONERS' COURT MINUTES
COUNTY OF COLLIN JULY 7, 1986
On the 7th day of July, 1986, the Commissioners' Court of Collin
• County, •Texas, met in Special Session with the following members
present and participating, to-wit:
William J. Roberts County Judge, Presiding
Howard Thornton- Commissioner, Precinct 1 -
Jerry Hoagland Commissioner, Precinct 2
Wallace Webb Commissioner, Precinct 3
Richard E. May Commissioner, Precinct 4
ITEM NO. l Judge Roberts opened the meeting at 9:00 A.M. and announced
that a quorum of the court was present and would immediately con-
vene in Executive Session, according with Item No. 2.
ITEM NO. 2 The court met in Executive Session in accordance with
Article 6252-17, Section 2 (e, f & g) , V.T.C.S. , to consider
legal, real estate and/or personnel matters.
•
The court reconvened in Open! Session at 10:32 A.M. An invocation was
given by Mr. Thornton.
ITEM NO. 3 (Personnel)
Mr. Hoagland made a motion to appoint Commissioner Thornton to
' ' represent Collin County on North Central Texas Council of
Government's Regional Transportation Council. Mr. Webb seconded
the motion which carried with a 4-0 vote of the court.
Mr. Hoagland motioned to approve the following personnel appoint-
ments:
Curlee Davis, Public Works, Maintenance Worker, M2/A
COURT ORDER NO. 86-453-7-7
Caroiyn .Radke Helton, Sheriff, Executive Secretary, R11/B2
•
COURT ORDER NO. 86-454-7-7
Sabine Bernice Engelhardt, Constable Pct. 3, Legal Clerk I, TFT
COURT ORDER NO. 86-455-7-7 •
Betty H. Haither, Tax Assessor/Collector, Deputy Clerk I, TFT
COURT ORDER NO. 86-456-7-7
and the following salary and/or title changes:
Susan Baetz Francis, D.A. , from Misdemeanor Prosecutor, R17/B2 to
, Chief Misdemeanor Prosecutor, R19/B2
COURT ORDER NO. 86-457-7-7
Karen Atha Lynn, D.A. , from Misdemeanor Prosecutor, R17/82 to
Chief Misdemeanor Prosecutor, R19/82
COURT ORDER NO. 86-458-7-7
Randall A. Blake, D.A. , from Chief Felony Prosecutor, R22/D2 to
Assistant District Attorney, R23/B2
COURT ORDER NO. 86-459-7-7
Mark Joseph Rusch, D.A. , from Felony Prosecutor, R21/B2 to Chief
Felony Prosecutor, R22/82
COURT ORDER NO. 86-460-2-7
Bob Brown, from D.A. , Misdemeanor Prosecutor, R17/A to Sheriff,
Deputy, S7/B2
COURT ORDER NO. J6-461-7-7
Mr. Webb seconded the motion which carried with a 4-0 vote. The
motion included approval of injury days for Charles' Graham, an
employee of the Public Works Department.
Contd. Pg. 2
COMMISSIONERS' COURT MINUTES •
JULY .7, 1986
PAGE 4
.
ITEM NO. 13 (contd. )
collector street. Mr. Hoagland then motioned to authorize the
county judge to execute documentation dedicating 30 feet of ROW
contingent upon the following: 1) that the proposed street align-
ment conforms with the City of Allen's master plan; 2) that the
remaining necessary ROW be dedicated by the adjoining property
owners; 3) that Tomlin assume all construction costs and provide
sewer line tie-in for the county, as offered; and 4) that execu-
. tion of the dedication instrument be withheld until the actual
time of development of the land. Mr. Thornton seconded the motion
which carried 4-0.
COURT ORDER,NO. B6-474-7-2
ITEM NO. 14 Ruben Delgado of Public Works reviewed the details of
Ginger 's Addition. He said the final plat was in compliance with
the county's subdivision regulations, although the owner/developer
was unaware of the regulations when the land was subdivided. Mr.
Thornton made a motion to approve the final plat and authorize the
county judge to execute the same. Mr. Webb seconded the motion
which passed with a 4-0 vote.
ITEM NO. 15 Mr. Delgado explained that the Sunrise Hill final plat had
been submitted prior to the latest subdivision regulations
. revisions. The court had several questions regarding septic tank
regulations and mobile home parks. Mr. May questioned the
Declara-tion of Covenants and Restrictions provided for review by
.Taka Investment Corp. Mr. Hoagland made a motion to approve the
• final plat for Sunrise Hill. Mr. Thornton seconded. The item
carried with a 3-1 vote of the court. Mr. May cast the negative
vote.
ITEM NO. 16 Motion was made by Mr. Hoagland, seconded by Mr. Thornton
and carried with a unanimous vote of the court to impose a $20.00
fee for taking and processing bail bonds for persons convicted of
criminal offenses, effective July 15, 1986.
COURT ORDER NO. 86-475-7-7
ITEM NO. 12 Mr. Hoagland made a motion to increase the per diem, per
prisoner jail housing fee from $50.00 to $55.00, effective October
1, 1986. Mr. Thornton seconded and the increase was adopted with
a 4-0. vote of the court. .
• COURT ORDER NO. 86-476-7-7
Following a brief explanation from Judge Roberts, Mr. Hoagland
made a motion to require outside governmental agencies to enter
into an interlocal jail services agreement with the county to
insure provision of all services legally for imprisonment of
accused or convicted persons. The motion included an effective
date• of October 1, 1986. Thereafter, agencies not having entered
into -agreement would be denied prisoner housing. Mr. Thornton
seconded the motion which carried with a 4-0 vote of the court.
COURT ORDER NO. 86-477-7-7
ITEM NO. 18 There was no discussion and no action on matters relative
• to preparation of the FY-87 budget.
(264/,:is
Will am J. R berts, County Judge
Collin County, T E X A S
!II7
Helen4 ernes, Ex-Officio Clerk
Commissioners ' Court
Collin :County, TEXAS
adc
COURT ORDER NO. i'6 - /76 - 7 -7
THE STATE OF TEXAS ) PER DIEM PRISONER FEE
JAIL HOUSING
COUNTY OF COLLIN ) SHERIFF DEPARTMENT
On July 7, 1986, the Commissioners ' Court of Collin County, Texas, met
in Special Session with the following members present and participa-
ting to-wit:
William J. Roberts County Judge, Presiding
Howard Th3rnton Commissioner, Pct. No. 1
Jerry Hoagland Commissioner, Pct. No. 2
Wallace We°lb Commissioner, Pct. No. 3
Richard E. May Commissioner, Pct. No. 4
and at such session, among other business coming to the attention of
the Court, was consideration of an increase to the current $5O.00 per
day fee charged by the Sheriff Department for each prisoner being held
in the county's jail for outside governmental entities.
Motion was made, seconded and carried with a majority vote of the
Court that the per diem prisoner housing fee be increased from $50.00
(reference Court Order No. 83-444-8-11) to $55.00 effective October
1, 1986.
Adopted, ordered and dated this the 7 day of July, 1986.
William J. Ro erts, County Judge
Collin County, TEXAS
ATTEST:
ORM/ "Lt)( •
Helen Starnes, Ex-Officio Clerk
Commissioners Court
Collin County, TEXAS
4V7
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717.11111111TIMPEOIMMOINENNEINIMminnemMilli7IIMMEIN •rmoma••••• ••. -..-. - -
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•
-U i
NO. 83 • INV• r•//
•
THE STATE OF TEXAS ) PRISONER CARE CHARGES
COLLIN COUNTY JAIL
COUNTY OF COLLIN • ) -SHERIFF'S OFFICE
August 11 , 1983, the Commissioners' Court of Collin County,
Texas, in Regular Session with the following members present and
• participating to-wit:
William J. Roberts County Judge , Presiding
Howard Thornton Commissioner, Pct'. No. 1
Jerry Hoagland Commissioner, Pct. No. 2
Wallace Webb Commissioner, Pct. No. 3 .
Richard E. May Commissioner, Pct. ! No. 4
and at- such session, among other business coming to thel attention
of the' Court was consideration of a request from the Sheriff' s
Office to charge any governmental entity other than Collin County
increased fees, from the current $20 to $50 per day for prisoner .
care, to become effective October 1 , 1983.
Motion was made , seconded and carried by a majority vote of the
Court that the per diem prisoner care charge be increased to $50
as outlined above , and same is hereby approved.
Dated this the /,
day of August, 1983.
\ _AA. LA.4-
\ -)
Wi 1 am `J Rob rts, County Judge
. ATTEST:
• .___ehit, ,d,,,, ze_,,)
Helen Starnes, Ex-0 c o C er
Commissioners' Court
Collin County, T E X A S
. • 1'71,: , u (47 &4
•
44
( ( 't. (i
COURT ORDER NO. 86-477-7-7
THE STATE OF TEXAS ) INTERLOCAL AGREEMENT
FOR JAIL SERVICES
COUNTY OF COLLIN ) ADMINISTRATIVE SERVICES
On July 7, 1986, the Commissioners ' Court of Collin County, Texas, met
in Special Session with the following members present and participa-
ting to-wit:
William J. Roberts County Judge, Presiding
Howard Thornton Commissioner, Pct. No. 1
Jerry Hoagland Commissioner, Pct. No. 2
Wallace Webb Commissioner, Pct. No. 3
Richard E. May Commissioner, Pct. No. 4
and at such session, among other business coming to the attention of
the Court, was consideration of a request from the Administrative
Services Director for permission to utilize an annual interlocal jail
services agreement with outside governmental entities desirous of
securing confinement and certain jail services from Collin County
for persons accused or convicted of criminal offenses.
Motion was made, seconded and carried with a majority vote of the
Court that outside governmental agencies be required to enter into
an Interlocal Jail Services Agreement with the county to insure
provision of all services legally necessary for imprisonment of
accused or convicted persons in the Collin County Jail, in accordance
with the terms and conditions set forth in the contract attached
hereto; and further, that requirement of such agreement be effective
October 1, 1986.
Adopted, ordered and dated this the 7 day
of July, 1986.
LQM4William J. be County Judge
Collin County, TEXAS
ATTEST:
4,44
��� - ,.• Oi1i
Helen Starnes, Ex-Officio Clerk': •�. ?,�3�
Commissioners Court 1 \
Collin County, TEXAS ;l / -'
qta
1 4t'at * * .ti`t
�9
INTERLOCAL JAIL SERVICES AGREEMENT
THIS AGREEMENT is entered into on the day of
19 , by and between the City of , hereinafter
called "City" and Collin County, a political subdivision of the State
of Texas, hereinafter called "County".
RECITALS
1. The County operates the Collin County Jail in accordance
with Article 5115, TEX. REV. CIV. STAT. ANN. (Vernon Supp. 1985) .
2. The County operates the County Jail for the confinement of
persons accused or convicted of an offense.
3. The City desires to obtain certain jail services from the
County to be performed for the City to insure the confinement of
persons accused or convicted of an offense.
Therefore, under the authority of the Interlocal Cooperative
Act, TEX. REV. CIV. STAT. ANN. , Article 4413 (32c) (Vernon 1976) , the
parties agree as follows:
SECTION 1. DEFINITIONS
1.01 Jail Services. The term "jail services" means all services
legally necessary to provide for the confinement in the Collin County
Jail of persons accused or convicted of an offense.
SECTION 2. TERM
2.01 Term. The term of this Agreement shall commence on the
day of , 19 , and shall continue in full force
and effect for a period of one (1) year. This Agreement shall be
automatically renewed annually for an additional one (1) year term
without the necessity of any action by the parties. Either party may
elect not to renew this Agreement by giving written notice at least
ninety (90) days prior to the end of the original term or any renewed
term.
2.02 Termination. Either party may terminate this Agreement by
giving ninety (90) days written notice to the other party.
Page 1 of 5
SECTION 3. SERVICES
3. 01 Services to be Provided. The County agrees to provide to
City jail services necessary for the confinement of persons accused
or convicted of an offense, subject to the availability of space at
the County Jail at the time the City requests jail services. For the
purposes of this Agreement, space shall be deemed to be unavailable
when the collin County Jail is filled to 100% of its capacity.
SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISION
4.01 The parties agree that the County may contract to perform
services similar or identical to those specified in this Agreement
for such additional governmental or public entities as the County, in
its sole discretion, sees fit.
SECTION 5. COMPENSATION
5.01 pasic Charge. The City shall pay the County a Basic Charge
. of $55.00 per day or part of a day per inmate that the City
requests be confined, and who is confined, in the County Jail.
5.02 Additional Charges. In addition to the Basic Charge, the
City shall pay County additional charges to reimburse County for
expenses associated with providing jail services to inmates. These
charges include, but are not limited to the following: charges for
providing health care services, including medical, hospital and
dental services to inmates.
5.03 Billing. The County shall bill the City monthly for jail
services provided under this Agreement. The City agrees to pay the
bills within thirty (30) days of the billing date.
5.04 Cost of Additional Charges. Charges billed to the City for
services under Section 5.02 of this Agreement shall be at the cost to
the County of providing those services to the inmates.
5.05 Source of Payment. The City agrees that payments that it
is required to make under this Agreement shall be made out of the
City's current revenues.
SECTION 6. LAWFUL ARREST AND DETENTION
6. 01 The parties agree that the City will comply with all
federal , state and local law regarding conditions precedent to arrest
Page 2 of 5
and detention including, but not limited to, determinations of
probable cause and other requirements necessary for lawful arrest and
detention. Further, the parties agree that the City is solely
responsible for compliance with predetention procedures and that the
City will hold the County harmless from any liability, including, but
not limited to, obligations, costs, claims, judgments, attorneys '
fees, and attachments, caused by or flowing from failure by the City
to comply with conditions precedent to lawful arrest and detention.
SECTION 7. PROCEDURES
7. 01 Delivery and Release of Inmates. The City agrees to com-
ply with all County rules and procedures regarding jail security in
delivering inmates to the Collin County Jail and receiving inmates to
be released.
7.02 Removal on Termination. The City agrees to remove all
persons confined on the City's behalf in the Collin County Jail
pursuant to this Agreement at least one (1) day prior to the date of
termination of this Agreement.
SECTION 8, CIVIL LIABILITY
8.01 Any civil liability relating to the furnishing of services
under this Agreement shall be the responsibility of the City. The
parties agree that the County shall be acting as agent for the City
in performing the services contemplated by this Agreement.
8.02 The City shall hold the County free and harmless from any
obligation, costs, claims, judgments, attorneys ' fees, attachments,
and other such liabilities arising from or growing out of the
services rendered to the City pursuant to the terms of this Agreement
or in any way connected with the rendering of said services, except
when the same shall arise because of the willful misconduct of
culpable negligence of the County, and the County is adjudged to be
guilty of willful misconduct or culpable negligence by a court of
competent jurisdiction.
SECTION 9, AMENDMENT
9.01 This Agreement shall not be amended or modified other than
in a written agreement signed by the parties.
Page 3 of 5
SECTION 10. CONTROLLING LAW
10.01 This Agreement shall be deemed to be made under, governed
by, and construed in accordance with the laws of the State of Texas.
SECTION 11. NOTICES
11.01 Form of Notice. Unless otherwise specified all communi-
cations provided for in this Agreement shall be in writing and shall
be deemed delivered whether actually received or not forty-eight (48)
hours after deposit in the United States mail, first class, regis-
tered or certified, return receipt requested, with proper postage
prepaid or immediately when delivered in person.
11.02 Addresses. All communications provided for in this
Agreement shall be addressed as follows:
(a) if to the County, to:
William J. Roberts, County Judge
Collin County Courthouse, 6th Fl.
210 S. McDonald Street
McKinney, TX 75069
(b) if to the City, to:
or to such person at such other address as may from time to time be
specified in a notice given as provided in Section 11. In addition,
notice of termination of this Agreement by the City shall be provided
by the City to the County Judge of Collin County as follows:
William J. Roberts, County Judge
Collin County Courthouse, 6th Fl.
210 S. McDonald Street
McKinney, TX 75069
SECTION 12. CAPTIONS
12.01 The headings to the various sections of this Agreement
have been inserted for convenient reference only and shall not
modify, define, limit or expand the express provision of this
Agreement.
SECTION 13 COUNTERPARTS
13.01 This Agreement may be executed in counterparts, each of
which, when taken separately, shall be deemed an original .
Page 4 of 5
SECTION 14. OBLIGATIONS OF CONDITION
14.01 All obligations of each party under this Agreement are
conditions to further performance of the other party's continued
performance of its obligation under the Agreement.
SECTION 15. $XCLQSIVE RIGHT TQ ENFORCE THIS AGREEMENT
15.01 The County and the City have the exclusive right to bring
suit to enforce this Agreement, and no other party may bring suit, as
a third-party beneficiary or otherwise, to enforce this Agreement.
SECTION 16. PRIOR AGREEMENTS SUPERSEDED
16.01 This Agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understanding or written
oral agreements between the parties respecting the services to be
provided under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agree-
• ment as of the day and year first above written.
'COUNTY'
COLLIN COUNTY, TEXAS
BY:
TITLE:
DATE:
'CITY'
CITY OF , TEXAS
BY:
TITLE:
DATE:
Page 5 of 5
•
•
MEMORANDUM
DATE: August 18, 1986
TO: Gus H. Pappas, City Manager
FROM: I . W. Sentry , Jr. ,E. E. , City Engineer
SUBJECT: Ovessizo o+ Water Line in Eeetridoe Addition
Although the Ea..tricoo Addition was ecce:ted by the City
council on May 27, 1986, the contractor for the utilities
has just +urnished the developers information on the
avers: =einq cost.
ƒhe material was received by the Engineering Department on
Wednesday , August 12, 1986 and has been checked and found to
be reasonable.
There-cre , it is recommended by the Eno: ncorino Staff that
the amount of $11 , 9t2. 11 be paid to the Warwick Development
Company tor the increase c+ the water line from 8-inch to
in ai diameter
12- inch nominal posing 2-9@C R7C pipe.
6.`)6.-1
•
;///
2828 Woodside
Dallas, Texas 75204
August 12, 1986
Mr. I . W. Santry
Consulting Engineer
City of Wylie
P. 0. Box 428
Wylie, Texas 75098
RE: Eastridge Addition
Wylie, Texas
Dear Mr. Santry:
Enclosed is a copy of a letter from Spence Construction which
details the cost breakdown of the oversized water line in the
Eastridge Addition.
The sum of $11 ,952. 11 is the total cost of increasing the water
line necessary to supply water to adjacent subdivisions.
If you have any questions concerning this matter, please call me.
Sincer ly,
ic(//
arl W. Holder
KWH:gw
encl .
•
6G
Wylie, Texas 75098
August 4, 1986 f-
Attn: Karl Holder
Warwick Development Company
2828 Woodside St.
Dallas, Texas 75204
Dear Karl:
In reference to your request for a cost breakdown on 8" and
12" water pipe installation at fast Ridge Development, Wylie , Texas,
please note the following:
8" C900 water pipe: :)3.80/per lineal foot X 2 ,040 lineal feet,
for a total of ;;7,752.00.
12" C900 water pipe: ' 8.33 per lineal foot X 2 ,040 lineal feet
for a total of $17,095.20. ✓Making a difference of 59,343.20. ✓�
8" to 8" tee: $171.07
12" to 8 " tee: '>293.33 for a difference of $122.26 each ,
quantity two. Total difference : 244.52.I
8" to 6" tee: 1161.36
12" to 6" tee: $280. 18' for a difference of $118.82 each ,
quantity two. Total difference : 237. 64.
8" 45° • 104.83 v
12 • $193.08 for a difference of 388.25; quantity one.
8" valve: >381.50 .i
12" valve: S749.00 for a difference of $367. 50 each ; quantity
four. Total difference: 31,470.00. ✓
•
8" to 8" cross: S220.53 /
12" to 8" cross: S339.03 for a difference of $118.50; quantity
one.
•
Additional four inches of sand X 2,040 lineal feet: tee (3)
20 yard loads at S150.00 each for a total of ' 450.00.
All of the above combine for a total of 311,952.11/for in-
creasing water facilities from 8" to 12" line.
If I can be of further assistance, please let me know. •
Sin erely,Q Pr...-.-4--
_ arold Spence
HS/at
•
•
•
August 12 , 1986
Dear Mayor and Members
of the City Council ,
We , the undersigned owners of Stone Grove Development , being
a planned unit development , make the following request : that
the attached and revised protective covenants be approved by
the council .
In order to provide our prospective purchasers with the pro-
tection we deem necessary , we request that these protective
covenants be attached to , and made a part of , the final plat
to be recorded . Thereby giving these protective covenants
the same force and authority as a city ordinance .
Surely ,
-2q0
.A„
Percy Simmon
Harold Spence
PS/HS : jb
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
THE STATE OF TEXAS
THE COUNTY OF COLLIN
That Spence & Simmons. Development ( "Owner" ) , a Texas Cor-
poration , being the owner of the real property ( "Property" )
situated in Collin County, Texas, being described as:
All of those lots contained in that certain tract
and parcel of land being Stone Grove, an addition
to the City of Wylie, Texas, according to map and
plat thereof recorded in Volume
Page of Map and Platt Records of Collin
County, Texas being more fully described in the
attached Exhibit "A" which is incorporated herein
by refer reference for all purposes.
Owner had adopted an overall plan for the orderly development
of the Property, and to implement such a plan desires to and
does hereby adept the following Protective Covenants which ,
together with any covenants and restrictions which may here-
after by contained in deeds from the covenants running with
the land and shall be upon any purchaser , grantee, owner or
lessee of any land or building in the Property, and upon the
respective heirs, executors, administrators, devises, succes-
sors and assigns of each purchaser , grantee, owner or lessee,
and shall insure to the benefit of and be enforceable by the
Owner and the Owner ' s successors and assigns:
1 . Prior to the construction , remodeling or alteration of
any building or other structure, one complete set of plans
and specifications showing plot layout , exterior elevations
and materials thereof , and structural design , covering such
proposed work shall be submitted to the Architectural Control
Committee (as hereinafter defined) for approval and no con-
struction shall commence until such plans have been approved.
One set of plans will be retained by the Committee until the
home has received a Certificate of Occupancy from the City of
Wylie.
2. There shall not be constructed or placed upon any lot
contained in the Property any structure except a single-
family residence and other attached and detached buildings
reasonably suited to the residential purposes of the main
structure , none of which shall exceed 730 feet in height ,
except where such greater height is approved in writing by
the Architectural Control Committee.
3. Construction of new buildings only shall be permitted ,
it being the intent of this covenant to prohibit the moving
of any existing building onto a lot and remodeling or
converting the same into a dwelling unit upon the property.
d
•
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
4. Any one-story residence erected shall have not less
than 2100 square feet of living area, excluding all porch ,
patio and garage areas. Any two-story residence erected
shall have not less than 2100 square feet of living area ,
exclusive of all porchs, patios and garage areas. Any
structures of greater height shall have area as may be
required by the Architectural Control Committee.
5. The exterior walls of the main structure erected on a
lot shall be a minimum of 75% of the total outside wall area
of brick , brick veneer , stone or stone veneer , except where
the Architectural Control Committee shall approve other
materials. Carports, garages and other out-buildings reason-
ably suited to the single-family residential purpose of the
lot may be of other materials other than metal , unless said
garage or other buildings are attached to the residence in
which event the computation of the 75% minimum coverage of
outside wall area shall include said attached garage or other
buildings.
b. The roof of any structure shall be Composition , Tile,
or Cedar shakes or shingles that have been treated by fire
retardent chemicals approved by the fire department of the
City of Wylie, except where the Architectural Control
Committee permits the use of other materials. Composition
roofs to be of timberline type, variegated pitch , weathered-
wood , gray-tone appearance approved by the Architectural
Control Committee unless otherwise approved by the Architect-
ural Control Committee. Roof lines of all residences must be
at a 7/12 pitch or steeper unless otherwise approved by the
Architectural Control Committee.
7. No garage or carport shall open to the front of any lot .
The Architectural Control Committee, among other things, may
require any garage opening to be equipped with an automatic
garage door opener , and other similar and dissimilar require-
ments appropriate to the protection to the asthetics of
the subdivision , as determined in the exercise of the
Architectural Control Committee ' s good faith discretion.
S. No building shall he located on any lot nearer to the
front lines than the building lines established on the re-
corded plat above described , unless otherwise approved by the
City of Wylie and the Architectural Control Committee. No
main or out-building including , but not limited to, garages,
carports, and storage buildings shall be erected closer than
the greater of ( 1 ) ten ( 10) feet from the side property line
or (2) a number of feet from the side property line which is
10% of the average width of the lot except as may be approved
by the Architectural Control Committee. On corner lots ,
buildings shall be located to conform to the building line
from the side street property line as indicated on the
recorded plat , except as may be specifically approved by the
City of Wylie and the Architectural Control Committee.
PAGE 2
L'O
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
9. No oil drilling , oil development operations, oil re-
fining, quarrying or mining operations of any kind shall be
permitted upon or on any lot , nor shall oil well , tanks,
tunnels, mineral excavation or shafts be permitted upon or on
any lot. No derrick or other structure designed for use in
quarrying for oil or natural gas shall be erected , maintained
or permitted upon or on any lot.
10. Trucks with tonage in excess of three-quarters ton
shall not be permitted to park overnight on the streets ,
driveways or otherwise within this subdivision.
11 . No vehicle of any size which transports inflammatory
or explosive cargo may be kept in this Addition at any time.
12. No structure , fence, wall , hedge or shrob planting
which restructs sight lines at elevations between two and six
feet above roadways shall be placed or permitted to remain on
any corner lot within the triangular area formed by the
street property lines , and a line connecting them at points
35 feet from the intersection of the street lines, or in the
case of a rounded property corner , from the intersection of
the street property line with the edge of a driveway. No
trees shall be permitted to remain within such distances of
such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
Pertaining to Phase 1 ; Lot 1 of Block A, Lot 33 of Block A,
Lot 1 of Block:: B, Lot 28 of Block B, Lot 1 of Block C, and
Lot B of Block C and pertaining to Phase II : Lot 1 Block D
and Lot 1 Block F , rights are reserved by the owner to
construct a permanent entry sign to the property within the
25 foot x 25 foot easements shown on the recorded platt. Any
common improvements referred to in this paragraph or changes
after construction of such improvements must be approved by
the Architectural Control Committee.
1=. No metal fencing of any type whatsoever , including but
not limited to cyclone, chicken wire, barbed wire, hog wire,
etc. shall be allowed.
14. Every residence constructed on any residential lot
shall front on the street on which it is platted.
15. After the acceptance of the streets by the City of
Wylie, lots must be kept mowed and clear of underbrush so as
not to be an annoyance, nuisance, or eyesore to the neighbor-
hood. I-f the lot is not mowed and/or cleared within 10 days
from receipt of notice from the Architectural Control Commit-
tee, then the Committee shall have the right to have the said
lot mowed , cleared , cleaned-up or whatever else is necessary
to bring the lot into conformance with this covenant . If the
Committee has to take action under the terms of this covenant
then it shall be reimbursed by the lot owner for costs incur-
red plus 15% administrative charge.
PAGE
•
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
16. Construction of any residence shall be completed
within one year from the date of the building permit. If not
completed within this period , the amount of $25. 00
per day
shall be paid as agreed partial damages to Owner; it being
acknowledged that Owner will be damaged in an amount dif-
ficult to ascertain.
17. During and upon completion of any construction , the
builder and owner of a lot shall he jointly and severally
responsible for the removal of any trash or debris that may
have been thrown or placed on the premises or any adjoining
property and shall leave street adjoining premises clean.
No construction shall commence until a permanent con-
crete culvert for drainage under the driveway is in place
unless otherwise approved by the Architiectural Control
Committee. Further the drainage ditches are to be kept free
and clear of debris both during and after construction.
18. No structure of a temporary character - trailer ,
mobilehome, tent , shack , garage, barn or other building shall
be used on any lot at any time as a residence either
temporarily or permanently. No garage, servant house, garage
house, or outbuilding shall be occupied by owner or employee
prior to the erection of the main dwelling.
19. No sign of any kind shall be displayed to the public
view on any lot except one which is not more than five (5)
sq. ft. , advertising the Property for sale or rent or signs
used by a builder to advertise the Property during the
construction and sales period.
20. No noxious or offensive activity as defined by the
Architectural Control Committee, shall be carried on upon any
lot nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood. This
ordinance being enforceable by the Architectural Control
Committee.
21 . No trade or business of any kind shall be conducted
upon the Property of any part thereof .
22. No lot shall be used or maintained as a dumping ground
for rubbish , trash , garbage or other waste trash; garbage
or other waste shall be kept in sanitary containers.
23. No animals, livestock: or poultry of any kind shall be
raised , bred or kept on any lot , except that doos , cats, or
other household pets may be kept in reasonable numbers so
long as they do not constitute an annoyance or nuisance to
the neighborhood and provided that they are not kept , bred or
maintained for any commercial purposes. Anything pertaining
to this restriction is subject to all applicable City .
County , State, and/or Federal laws, rules or regulations.
PAGE /4
•
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
24. No radio, television towers, aerial wires , satellite
disc or other similar apparatus shall be maintained on any
lot that does not contain a residential structure, and no
commercial towers for that purpose shall be constructed. Any
such proposed structure must have the approval of the
Architectural Control Committee. All television antennae and
aerials shall be located inside the attic or under the roof
unless otherwise expressly permitted by the Architectural
Control Committee. Satellite dishes shall be screened within
an opaque fence or landscaped area so as not to be visible
from outside the lot. Location of satellite dishes and
screening must be approved by the Architectural Control
Committee.
25. The Architectural Control Committee may include re-
strictions, other than those set out herein , in ar,y contract
or deed to any any tracts without otherwise modifying the
general plan above outlines, and such other restruction or
restrictions shall insure to the benefit of and find the
respective parties in the same manner as thought they had
been expressed herein.
26. The restrictions herein set out shall be referred to,
adopted and made a part every contract and deed executed by
and on behalf of the undersigned conveying said property or
any part thereof to all such intents and purposes as though
incorporated in full therein and each such contract and deed
shall be conclusively held to have been so executed , deliver-
ed , and accepted upon the expressed conditions herein stated.
27. All the restriction , covenants, resolutions, liens and
charges appearing herein , as well as those appearing in any
contract , deed or other conveyance to or covering any part
of this property, shall be construed together . If any one of
the same shall be held to be invalid or for any reason is not
enforced , none of the other provisions shall be affected
or impair thereby, but shall remain in full force and effect .
In event of any dispute over the proper interpretation of
any of the provisions of this instrument , the determinations
of the Owner shall be final and binding on all interested
parties.
28. The Architectural Control Committee shall be composed
of Percy Simmons, Harold Spence, Rod Bledsoe, Roddy Groves ,
and James Blakey. The Committee shall act in the execution
of any approval or other document by any two or more members
of such committee or such committee may designate in writino
a representative to act in its place. In the event of death ,
resignation , failure, or refusal to act of any member of the
committee, Percy Simmons and Harold Spence, as Subdivision
Owners, shall fill the vacancy thereby created by written
instrument filed in the Deed Records of Collin County. Texas.
Page
•
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
Neither the members of such committee, nor their designated
representatives, shall be entitled to any compensation for
services performed persuant to this restriction. The powers
and duties of each member of the committee and of its
designated representative, shall cease one year after con-
struction has been completed on the last lot in the Property
and, thereafter, the approvals described in these restrict-
ions shall not be required unless a written instrument shall
be executed by the then record owners of a majority of the
lots in the Property and duly recorded in the Deed of Records
of Collin County, Texas, appointing a representative or
representatives. who shall thereafter exercise the
powers previously exercised by samesaid committee.
29• Approval or disapproval of any plans or specifications
submitted to the Architectural Control Committee hereunder
shall be based, among other things, on the adequacy of site
dimensions, adequacy of structural design , conformity , and
harmony of exterior design with neighboring structures,
effect of location and use on neighboring lots and improve-
ments situated thereon , relation of topography , grade and
finish ground elevations of the lot being improved to that of
neighboring lots, proper f ac i no of main elevation with
respect of nearby streets and conformity of the plans and
specification to the purpose and general plan and intent of
these Protective Covenants, all as determined by the Arch-
itectural Control Committee in its sole discretion exercised
in good faith.
If the Architectural Control Committee fails either to
approve or disapprove such plans and specifications within
thirty (30) days after the same have been submitted to it as
evidence by written dated receipt by any member of the
Architectural Control Committee or its designated represent-
atives , it shall be presumed that the Architectural Control
Committee, or its designated representatives, has approved
such plans and specifications.
30. Neither the Subdivision Owner nor any member of the
Architectural Control Committee nor their successors nor
assigns shall be liable in damages to anyone submitting plans
for approval , or to any owner or lessee of land affected by
these Protective Covenants by reason of mistake in judgment ,
negligence or nonfeasance arising out of or in connection
with the consenting or failing to consent , approving or
failing to approve any matter with respect to which the Sub-
division Owner and/or Architectural Control Committee may
have authority under the terms hereof . Every person who
submits plans to the Subdivision Owner for approval agrees .
by submission of such plans, and every owner of lessee of
any said Property agrees , by acquiring title thereto, or
leasehold interest therein , that he will not bring any
action or suit against the Subdivision Owner or any member
of the Archtectural Control Committee, their successors and
assigns, to recover any such damages.
PAGE /o
ecL
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
31 . These covenants are to run with the land and shall be
binding on all parties and all persons claiming them for a
period of thirty (30) years from the date these covenants are
recorded unless at any time after said thirty year period an
instrument signed by a majority (by number of lots) of the
then owners of the lots has been recorded, agreeing to change
said covenants in whole or in part. In addition to the Owner
and to the other parties for whose benefit these covenants
shall run , the Architectural Control Committee shall further
have the authority to enforce any and all of the covenants
and conditions set forth in these Protective Covenants aoains
any person or persons violating or attempting to violate the
same. In furtherance of the foregoing, and not by way of
limitation , the Architectural Control Committee, Owner and
any other party for whose benefits these covenants shall run
may enter proceedings at law or in equity to restrain
violation of these Protective Covenants and to recover
damages for the breach or violation therof . Notwithstanding
any express or implied term or provision hereof , neither
Owner nor the Architectural Control Committee shall ever be
obligated to enforce any provision hereof .and failure to do
so shall never be grounds for any liability for or recovery
of any damages against Owner , the Architectural Control
Committee or any member thereof .
32. All construction shall comply with all applicable
zoning ordinances, building codes, fire codes , and any other
laws, ordinances or regulations of any applicable govern-
mental body or agency including but not limited to city ,
county , state and federal governments or agencies.
33. The Developer and Dedicator reserve the right , so long
as it is the owner of fifty-one percent (51%) or more of the
lots in the property, to amend, revise, or abolish any one or
more of the foregoing restructions, and to revise the plat
of such subdivision by instrument duly executed and acknowl -
edged by the Developer in the Deed Records of Collin County,
Texas , and the city of Wylie.
34. The location and design of any proposed swimming pool
including fencing , pumps and any other related paraphernalia
must be approved by the Architectural Control Committee in
the same manner as set forth in Paragraph 1 herein.
75. If it becomes necessary for the Architectural Control
Committee or Owner , to bring action or suit against any lot
owner in order to insure compliance with these prote_tive
covenants or on any matter with respect to which the Owner
and/or Architectural Control Committee may have authority
under the terms hereof , then the Architectural Control
Committee or Owner shall be entitled to recover all costs in
connection therewith , including but not limited to reasjnabie
attorneys_ fees.
Page 7
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
36. No automotive maintenance or repair of any kind
whatsoever shall be permitted outside of the enclosed garace.
EXECUTED this the day of , 1986
D
PAGE 8
46
•
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
THE STATE OF TEXAS
COI UNTY OF
BEFORE ME. the undersioned , a Nc_t_r,y -Ubli '_ in and -tor
said County and State, on this day personally appeared
, Known to me to be the person and
Of f i ce'r whose name is subscribed to the +or_noi no instrument ,
and acknowledged to me that the same was _ he ._act `f the e..aiI
-- , a corporation , and that he execut-
ed the same as the act Cif such corporation for the purpose
and consideration therein expressed.
GIVEN UNDER MY HAND AND _:EAL OF CFFI` -E , t h i
day of 19�26. -- . ---- ---
Notary Public in and o+
Texas.
My Commission Expires:
PAGE
INVITATION TO BIDDERS
CITY OF WYLIE
UNIFORM SERVICES CONTRACT
The City of Wylie is accepting sealed bids for a ONE YEAR
FIXED PRICE CONTRACT FOR UNIFORM RENTAL SERVICE commencing
on or about October 1 , 1986.
SEE ATTACHED SPECIFICATIONS!BID FORM
see also General Conditions of Bidding
Bids must be firm for NINETY (90) days to allow for Council
consideration.
Quote F. O. B. City of Wylie, Texas. The cost of wrapping ,
packing, transportation, etc. , must be included in the bid
price.
Either party may terminate the agreement by given thirty
(30) days written notice to the other party.
Any additonal charges not listed on the Bid Form MUST be
indentified in the bid documentation.
Bidders must submit two (2) completed copies of the sealed
bid to:
City of Wylie
City Secretary .
108 S. Jackson Street
P.O. Box 428
Wylie, Texas 75098
Bidders are to identify the envelope in the lower left
corner with BID ENCLOSED - UNIFORM SERVICES CONTRACT and
delivered to the City of Wylie by the designated time,
place, and date of the bid opening.
DID FORM
D I D NO.
THE FOLLOWING INFORMATION MUST BE PROVIDED FUR YOUR DID TO
DE CONSIDERED.
}Huse Si 1 .1 620 Municipal Contracts: Non-resident Bidders.
New law of the State of Texas 69th Legislative Regular
Session prohibits cities and other governmental units from
awarding contracts to a non-resident bidder unless the
amount of such bid is lower than the lowest bid by the Texas
resident by the amount the Texas resident would be required
to underbid in the non-resident bidders state.
In order to maF::e this determination , please answer the
following questions:
1 . Give the address and phone number of your principal
place of business.
2. Give the name, address of principal place of business
and phone number of your company 's majority owner.
Give the name address of principal place of buiness and
phone number of your company 's ultimate parent company.
4. of in any of your answers to number 1 ,2 or 3 above, the
answe indicated a principal place of business other than
within the State of Texas, you are required to provide acopy
of all relevant laws applicable to non-resident bidders in
the other jurisdiction. Failure to supply this information
may result in the rejection of your bid.
Signature Title
Company Name & address
o/
BID FORM
B I 1 N O.
THE FOLLOWING INFORMATION MUST BE PROVIDED IN ORDER FOR YOUR
BID TO BE CONSIDERED.
1 . Article XI Section S Personal Interest of the City
Charter states in part that "no officer of employee of the
City shall have a financial interest , direct or indirect , in
any contract with the city, nor shall be financially
interested, directly or indirectly, in the sale to the city
of any land , materials, supplies or service.
?. Is the bidder or any person having a direct or indirect
financial interest in the bidder , an officer or employee of
the City?
If yes, please identify the person or persons and the exact
nature of the interest .
3. Is the bidder or any officer or manager of the bidder
related to a Manager of any City department , any employee of
the City Purchasing Department , City Manager , or any member
❑f the City Council ?
If yes, please identify the relationship between the bidder
and the City.
Signature Title
Company Name
Address
DID PROPOSAL SHEEN
ITEM EM Ni).: 1 COST PLR WEEK
PER EMPLOYEE
ITEM NO. 1
Industrial uniforms (65/ Dacron-35% Cotton)
Five (5) changes of shirt/trousers per week
for approximately 20 employees in designated
sizes, colors, shirt styles (long/short
sleeved) and pant styles (regular) .
ITEM NO. 1 A - ALTERNATE BID*
ITEM NO. 2
Industrial uniforms (65% Dacron-35"% Cotton)
six (6) changes of shirt/trousers per week
for approximately 4 employees in designated
sizes, colors, shirt styles (short/long
sleeved) , and pant styles (regular) .
ITEM NO. 2A - ALTERNATE BID*
ITEM NO.
Four (4) rolls of paper towels per week and
four (4) cabinets.
ITEM NO. 3A - ALTERNATE BID*
ITEM NO. 4
Three (3) cloth towels per week and three (3)
cabinets.
ITEM NO. 4A - ALTERNATE BID*
ITEM NO. 5
Four (4) mats per week in designated sizes
4 X 6 MAT
3 x 10 MAT
ITEM NO. 5A - ALTERNATE BID *
-7/
bid is based upon the same items as shown in base bid
except that "vendor agrees to provide new garments to all
employees fitted under the initial agreement/renewals and
subsequently added thereto for the initial 90 days of the
agreement . "
Each department must be billed seperately on a weekly basis.
ITEM NO. 6
City Logo for shirts and Name Taq in same
specified color.
Cost per Logo
Cost per Name Tad
ITEM NO. 7
A listing of at least ten ( 10) local customers to include
telephone number and point of contact must be submitted for
the bid to be considered.
COMPANY NAME/POINT OF CONTACT PHONE NUMBER
GENERAL CONDITIONS OF BIDDING
READ CAREFULLY
1 . INSTRUCTIONS: These instructions apply to all
quotations and become a part of terms and conditions of any
bid submitted unless bidder takes exception in writing when
submitting quotations.
' FORM: Quotations must be submitted on this form
only, in duplicate, unless otherwise stated.
=. BID RETURNS: Each Bid must be sealed in a separate
envelope, addressed to the City Secretary, City of Wylie,
P. O. Box 428, Wylie, Texas 75098.
4. LATE BIDS: Bids must be in the City Secretary 's
office prior to the closing date and time. No late bids
will be accepted.
5. ACCEPTANCE: The right is reserved to accept or
reject all or part of the Quotation , and to accept the offer
considered most advantageous to the City by item or total
bid.
6. ERROR-QUANTITY: Bids must be submitted on units of
quantity specified - extend and show total . In the event of
discrepancies in extension , the unit prices shall govern.
Any suggestions as to quantity to secure a better price are
welcome.
7. F. O. B. - DAMAGE: Quotations shall be bid F. O. B.
Delivered, City Hall , 108 S. Jackson , Wylie, Texas 75098
and shall include all delivery and packaging costs. The
City of Wylie assumes no liability for goods delivered in
damaged or unacceptable condition. The successful bidder
shall handle all claims with carriers, and in case of
damaged goods, shall ship replacement goods immediately upon
notification by the City of damage.
8. FIRM PRICES: Bid prices must be firm for a minimum of
90 days from date of bid closing. In the case of Annual
Contract Request for Quotations, the prices must remain firm
for the period as specified on the bid. "Discount from
list" bids are not acceptable unless specifically requested.
9. AUTHORIZED SIGNATURE: Bids MUST show full firm name
and address of bidder , and be manually signed. Failure to
do so will disqualify bid. Person signing bid must show
title or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. Firm
name and authorized signature should appear on each page of
a bid consisting of more than one sheet.
10. WITHDRAWAL - ALTERATION OF BIDS: Bids CANNOT be
altered or amended after bid closing. Alterations made
before bid closing must be initiated by bidder guaranteeing
authenticity. No bid may be withdrawn after bid closing
without acceptable reason in writing and with the Approval
of the City Secretary.
11 . INVOICES: Invoices must be submitted by the successful
bidder in duplicate to the City of Wylie, Finance Dept. ,
P. O. Box 428, Wylie, Texas 75098. Successful bidder will
bill by fund and department and give a detailed list of
charges by department when invoicing the City in accordance
with City requirements.
12. CASH DISCOUNTS: Normal payment terms are Net 30.
Any discounts available to the City for early payment should
be noted. Discounts may be considered in determining low
bid.
13. TAXES: The City of Wylie is exempt from Federal
Manufacturer 's Excise, and State Sales taxes. TAX MUST NOT
BE INCLUDED IN BID. Tax exemption certificates will be
executed by the City and furnished upon request.
14. SPECIFICATIONS - SAMPLES: Any catalogue, brand
name, or manufacturer 's reference in the Request for
Quotation is descriptive and NOT restrictive, and is used to
indicate type and quality level desired for comparison
purposes unless otherwise noted. Quote on alternates if
unable to bid on items listed. Bid on brands of like nature
and quality may be considered unless specifically excluded.
If bidding on other than reference or specification, bid
must show manufacturer brand, trade name, catalog and/or lot
number , etc. , on article offered, and certify article
offered is equivalent to specifications. If other than
specified brands of items are offered, specifications,
illustrations and complete descriptive literature must be
submitted with bid unless previously filed with the City
Secretary. If bidders take no exception to specifications
or difference, the bidder will be required to furnish exact
brand names and numbers specified. No substitutes or
cancellations are permitted without written approval of the
City Secretary. Samples, if required, shall be furnished
free of expence to the City and if not used or destroyed in
examination and testing will be returned to the bidder , if
requested, at the Bidder 's expense. Each sample must be
marked with Bidder 's name and address and Bid Number
reference. SAMPLES SHOULD NOT BE ENCLOSED WITH BID.
7V
15. DELIVEFY PROMISE - PENALTIES: Quotations MUST show the
number of calendar days required to place the materials in
the possession of the City. DO NOT quote shipping dates.
Failure to specify delivery time will obligate Bidder to
COMPLETE delivery in TWO weeks. A minimum of five days
better delivery promise will automatically break a tie bid.
Unrealistically short or undue long delivery promises may
cause the bid to be disregarded. Consistent failure of a
Bidder to meet his delivery promises without valid reason
may cause removal from the Bid List.
When delivery delay can be foreseen, the bidder shall
give prior notice to the Finance Director , who shall have
the right to extend the delivery date if reasons for delay
appear acceptable. The bidder must keep the Finance
Director advised at all times as to the Status of the order.
Default in promised delivery, without acceptable reasons, or
failure to meet specifications, authorizes the Finance
Director to purchase the goods elsewhere, and charge any
increase in cost and handling to the defaulting bidder.
Every effort will be made by the Finance Department to
locate the goods at the same or better price as that
originally contracted.
16. PACKAGING: Unless otherwise indicated, items will
be new unused and in first class condition in containers
suitable for damage-free shipment and storage.
17. DELIVERY TIMES: Deliveries will be acceptable only
during normal working hours, ie; 8: 00am to 5: ►i0pm, Monday
through Friday, at the designated City Municipal Facilities.
18. TIE BIDS: Consistent and continued tie bidding on any
commodity could be caused for rejection of all bids by the
Finance Director and/or investigation by the Attorney-
General to determine possible Anti-Trust Violations.
19. PATENT RIGHTS: The Vendor agrees to protect the City
from any claim involving patent right infringement or
copyrights on goods supplied.
20. NO BID: Quotation forms must be returned at once if
bedder is unable to quote.
21 . BID EVALUATION: All bids are evaluated for
compliance with specifications before the bid price is
considered. Response to specification is primary in
determining the best , low bid.
AUG I41986
k. 110/1 THE CITY OF RICHARDSON
\ `Y RICHARDSON . TEXAS
August 11, 1986
Mr. Gus H. Pappas
City Manager
City of Wylie
P.O. Box 428
Wylie, Texas 75098
Dear Mr. Pappas:
This is in response to your letter of August 6, 1986 regarding our associa-
tion with Talem, Inc. for industrial wastewater monitoring.
N.T.M.W.D. has performed some water analysis work for us, but they have
never done any of the industrial wastewater monitoring.
Talem, Inc. has performed the analytical monitoring of our industrial waste-
water discharges since 1980. They also provided technical expertise in deve-
loping the program for approval by E.P.A.
Prior to January 1, 1986 personnel from our wastewater treatment plant col-
lected the samples and Talem, Inc. did the analysis. On January 1, 1986
N.T.M.W.D. assumed the responsibility for the operation of our wastewater
treatment plant, since then Talem, Inc. has, both, collected and analyzed
the samples. They also provide technical service by meeting with our dis-
chargers to discuss problem areas and can testify as expert witnesses if
the need should ever arise.
In some instances the length of time required to receive sample results has
caused some concern.
We have enjoyed a good working relationship with Talem, Inc. in the perfor-
mance of analytical work and their technical assistance. They are also
price competitive with other organizations, most of which, do not provide
any technical assistance.
P.O. BOX 830309 • RICHARDSON, TEXAS 75083 • AREA CODE 214-235.8331
Mr. Gus Pappas -2- August 11, 1986
We feel they will do a very satisfactory job for you and you will be
pleased with their performance.
Should you have further questions or need additional information please
contact me.
Sincerely,
Marshall L. Haney
Director of Public Services
MLH/crw
cc: Bob Hughey, City Manager
•
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.
71
•
(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.
;79
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
di
ATTACHMENT-I
TAL M, INC.
Texas Analytical Laboratories for Environmental Monitoring
General Offices: Mailing Address:
't "Tee Arw.w[midie 306 West BroadwayAvenue
P.O. Box 3270
t4eC mwiel,v, d a Fort Worth, Texas 76104
t"""^•Kce^ M Fort Worth, Texas 76113
817/335-1186 Metro/654-0443
•
TALEM , INC .
PRICE • LIST
MAY 1 , 1985
(A • v. 1 / 86 )
Analysis of Water, Wastewater, Soils and Hazardous Waste • Environmental Consulting • Technical Training
Industrial Wastes Monitoring • Treatability Studies •Bioassays •Limnolo`ical Studies • lnductri.al Prn.i„,-,c • Fn,,,4 D,,a
I. Chemical Analyses
Acidity $ 15 .00
Alkalinity 17 .00
Ammonia
Asbestos 20 .00
Biochemical Oxygen Demand (BOD) 35 .00
Boron 30 .00
Bromide 20 .00
Carbon Dioxide 18 .00
Cation/Anion Balance 15 .00
125 .00/Unpolluted Wat
Chemical Oxygen Demand (COD) 175 .00/Polluted Water
Chlorides 25 .00
Chlorine (Residual) 12 .00
Chlorine (Demand) 15.00
Chlorophyll 30 .00
Chromium Hexavalent 35 .00
Conductivity 35 .00
Corrosivity 5 .00
pH 5 .00
EPA 241 Hour Modification 50.00
Cyanide, Total or Amenable
Liquid
Solid 30 .00
Organic Extraction 35 .00
50 .00 Density
Dissolved Oxygen 15 .00
EDTA 15 .00
F/M Ratio 12 .00
Fluorides 15 .00
Fluorides, Distillation 12 .00
Formaldehyde 50.00
Hardness 35 .00
Hydrogen Sulfide 12.00
Jar Test 20 .00
Moisture Inquire
(Karl Fischer or Dean & Stark) 25 .00
Colored Sample 35 .00
Nitrate
Nitric Acid 15 .00
Nitrite 25 .00
Nitrogen, Total Kjeldahl 15 .00
22.00 Oil and Grease
pH 30 .00
Phenol 5.00
Phosphates 30 .00
Ortho 15 .00
Total
Phosphorous , Total 20 .00
Salinity 20 .00
Silica 5 .00
Sludge Age 20 .00
Sludge Volume Index 45 .00
30.00
-1-
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
MIBK Extraction 12.00
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-
(,1
V. Package Pricing
National Interim Primary Drinking Water Regulations
Inorganic Chemicals $190.00
Arsenic
Barium
Cadmium
•
Chromium
Fluoride
Lead
Mercury
Nitrate (as N)
Selenium
Silver
Pesticides and Herbicides
Inquire
Pesticides
Endrin
Lindane
Methoxychlor
Toxaphene
Herbicides
2 ,4 - D
2 ,4 ,5 - TP Silvex
Total Trihalomethanes
$ 65 .00
Turbidity
$ 5 .00
Coliform, Total
$ 20 .00
Radioactivity
Gross Alpha $ 30 .00
Gross Beta
Radium 30 .00
50 .00
-5-
Part V. C.
Organic Toxic Pollutants
(Excluding Dioxin) $950 .00
Volatile Compounds
Acid Compounds
Base/Neutral Compounds
Pesticides/PCBs
Metals, Cyanide and Phenols
13 Metals-
Antimony
Arsenic
Beryllium
Cadmium
Chromium
Copper
Lead
Mercury
Nickel
Selenium
Silver
Thallium
Zinc
Cyanide, Total •
Phenols , Total
Dioxin
Inquire
-7-
Resource Conservation and Recovery Act (RCRA)
Hazardous Waste Characteristics
Complete Analysis $550.00
Corrosivity
pH $ 5.00
EPA 24 Hour Modification 50.00
Ignitability
Flash Point $ 50 .00
Reactivity
Cyanide and Sulfide $ 75 .00
EP Toxicity
Extraction Procedure
Dirt, Sludges $ 75 .00
Oil , Grease, Paint 150.00
Analyses
'Metals $195 .00
Arsenic, Barium, Cadmium, Chromium, Lead, Mercury,
Selenium, Silver
Organics 180.00
Endrin, Lindane, Methoxychlor, Toxaphene,2,4-D,
2 ,4 ,5-TP Silvex
'Analyzed using Standard Additions.
Specific to the State of Texas-
Texas Water Commission 7-day Leachate
Extraction $ 75 .00
Analyses
Metals $195 .00
Arsenic, Barium, Cadmium, Chromium, Lead, Mercury,
Selenium, Silver
-9-
O1
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/hou
Principal 75 .00/hou
Consulting Engineer 60 .00/hou•
Technical/Field Representative 50 .00/hou:
Chemist 40 .00/hour
Analyst 30 .00/hour
Secretarial 25 .00/houl
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-
0 9
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.
•
90
REQUEST TO BE PLACED ON AGENDA
Cate For n • t Council Agend=-.__ - ' ti k
-,1", request that the following item be placed on the City
Council Agenda.
Consider: p
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ti -P416C..-CAUPAV± -Po(- CX1-11_ titcrukasfcr •
Fear .ri Tor request :
Thank you,
Signature
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