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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 1 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 2 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. 3 . /9 Get : 74 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 3 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 z4j 4 t request that the following item be placed on the City Council A enda. Ez eGcc -t u e -1-- o�.t scLss Q�.c-s a-)1 nw Q - ` Consi der- : L ii4All*L PlLS---ef Toe., c ,t. 111 --- _ 0QAl" fI 0 of l ce • - Reason for request : - - ---------- - Thank you. Signature n // ip- Street r iljiV/14) 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 ��J REQUEST TO BE PLACED ON AGENDA Date For net Council Agenda.__ _- } [Tqo Al ‘3.)sl-,. 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 i ‘ ; i • • •. TRACT 3 ZON/e0 -`� (\\\\\8F-A ``1 4 'j i":.:" �.i - , • / 'rq/►CT 4 I •sso.a. ;'- sF-s i ; 1 • , / tieelgd TRACT 21 <- " 1 :' • .� i ." *WTI a TRAY 1 r D maw bw ��f `., ;I�I ....n 7e.60 Ic. IT rr• •sn �. .....or" PROPOSED i� >'♦F-3 1 ZONNG �. ••tnt ea..WIN.E : ZONING/b II SF-2 °� a.•ww PROPOSED ZONMtO idF rr•uw' out' oo' ``� l V« 1 II II i City r ;! S 9-1 A - •" ter MIA Mewl ..••••"' �PROPOSEDZO►ING �`` (,--_ j a a ,/' . TRACT 6•0010sEtt.8 M TRACT 7 9-1 �\ }i `y y it ,....1 10.00 so. S • ta47�o. ` 17 t9ltjNiir�� t•wr�gp•_ ree•ef • rwtru-• a•.w' • i • r rr V-....., oralpe'• mew • raNNp'e ' •1nTIOOGHWAV 7S M j r. vetted I / i / l' 41. • • • • •• .r, _ . . 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 . "•w Tf ' ��"•.1 p o / TRACT 4 9 o ao j„'- a.. ,- 3F-3 �1 i �+ ` �/ TRACT 2€ ; 1, l • " [{1r♦ c• M.o' i7.70 sc. s 4 ( `\ L�.-o fr• 21.21 sc. a i ) !!: f•n•11� 1 —�'•fo 7860 aCPROPOSED= w fti•017PROPOSED SF-3 pMO••fcn[pyo .1•rrb i/a SF-2 Alr or" _a•0000i o•asap�r ala / GtY PROPOSED ZONING MF/ 'WV, i f•Iw.TM — � .N �` ' I "°' •aoo —mil.. b •x !/coal PROPO�D �\` �_., � � r Hall B-1 � •"• . cw•a�ar`c cwn' _.. ZONWO\\� a &" $ TRACT 6PR000sE s TRACT 7 B-1 --- �� 0 1 `i E 10.80 ac. zONINo a 8 / ' I A 18.47 ac. x 1 facci SF-A ' �i �• �MY10Dt _ weirs' �I _ "M'Muw IOM w o . -_4•POW 3[[7w Mp7b�w - j —�.'•gyp / ad . f01•fis�'w "arlilo"c -STATE HIGHWAY 78 11.0 H• ", 4 74 T 1.00 • a.M II.N I / y/ e } 1 • • r Yt • • • . ...) • • Yt REQUEST TO EE PLACED ON AGENDA AUC Zt, . 98cLate For- ne.>;t Coun_i1 AgendI , request that the t b1 1 owi r a item be placed c,n the Ci t. Council Agenda. Gan=.ider: WE A e iT( ?rnl3 a r in/ YL/ tl 6.14,9_ -_ leE 6.51:' t l-' Le E t4 _ IG LS//VC i i/) $a 4 w' 04 f A _A w'‘ h _, ,_:n t r- ;- q+_r e t : 'PT - A e 14+ E k-' T tj Th - 4.241t� 2 Si m iat Ire / a Cvcf t/// Street 1416 T X i o 93 ��09g City, Texas Zip, Code Z iQ t 44 Z - 393,E (a RO ' °?- a 7a° Phone Number l�J ice. I ex as 9 e 7so�1, l c� .�:ais J,I<1 Fici REQUEST TO BE PLACED ON AGENDA Date For net CoJncil Agenda_ p CQ /- Z 7 I . request that the following item be placed on the City Council Agenda. -� 1 Consider �/I/ //Q.d/: -_ ___ `L/ 2 „,1 -_i_i-thw..2__ _ _ , tz__ _.._,14/ 7 - _ __ Reason T,_,.- request : 'yA L-IL) - - _ ._,/ _ __Ve/__(1:1--)z/b -- , Thank: you. ,2c/ ,z{://2-7).e-g-c_ ..m.,,,<_ Signature S eet <)i . 2z5- 0 Ci t •, e;;a=. Zip Code - - "? /I / Phone Number 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 .a 717.11111111TIMPEOIMMOINENNEINIMminnemMilli7IIMMEIN •rmoma••••• ••. -..-. - - w.. r71 • -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 --��-i_jL►1,424j- sue" 4-edrYt.p_ffycur 1.4 ti -P416C..-CAUPAV± -Po(- CX1-11_ titcrukasfcr • Fear .ri Tor request : Thank you, Signature Street r d Vij-/ r/ r; viCity, Te.:as Zip Code �� Phone Number LAP/ i