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11-11-1986 (City Council) Agenda Packet AGENDA SUMMARY CITY COUNCIL, CITY OF WYLIE TUESDAY, NOVEMBER 11, 1986 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections. ITEM NO. 2 - REAPPOINTMENT OF DR. JONES AS CITY HEALTH OFFICER - Dr. Jones has served as the City' s Health Officer for the past year and unless one of you has an objection to his reappointment , we can reappoint Dr. Jones and administer the Oath of Office as provided in Item No. 3 . ITEM NO. 3 - OATH OF OFFICE TO DR. JONES - No additional comments. ITEM NO. 4 - PUBLIC HEARING ON ANNEXATION OF 620 ACRES NEAR LAKE LAVON - This property is described as 620 .028 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 and is located roughly between the property that surrounds the Municipal Complex site and the Federal land adjacent to the Lake. This tract consists of several parcels owned by various individuals. The City has initiated these annexations that appear in Items 4-8 . Letters were sent to the property owners, advising them of the City' s intent and including a copy of the provision of services from City. The letter also included an invitation to sign voluntary annexation papers, to which many property owners have responded positively. In this particular tract, Mr. Robt. Alexander, co-owner of the largest parcel , some 318 plus acres, has talked with this office and attended the P&Z meeting held on November 6th. Mr . Alexander is concerned about the taxes which would be due the City on this parcel . We checked with the WISD Tax office and find the property is valued at $1 ,593 ,700 wih a barn valued at $5 ,660 , with the agriculture exemption setting the taxable value at $91 ,720 . We calculate that Mr. Alexander' s taxes would be less than $500 .00 per year . The P&Z heard this petition and recommends approval . ITEM NO. 5 - PUBLIC HEARING ON ANNEXATION OF 279.0574 ACRES ON E. BROWN ST - This tract is described as 279.0574 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 and is located in the area south of E. Brown St. (Old SH78) . Here again, this annexation is initiated by the City and the letters have been sent . Several property owners have responded in the affirmative. This is the first public hearing before the Council . The P&Z reviewed this annexation at their meeting on November 6 , 1986 and recommend approval . ITEM NO. 6 - PUBLIC HEARING ON ANNEXATION OF 50 ACRES LOCATED ON THE NORTH SIDE OF THE COLLIN/DALLAS COUNTY LINE This tract lies between what we call the George Lewis property and the Collin/Dallas County line. It is described as 50 acres out of the R. D. Newman Survey, Collin County Abstract 660 . The City initiated this annexation and sent the letters as described above. This tract consists of only one parcel and is owned by one person. It meets the criteria for annexation into the City and is recommended for approval by the P&Z . ITEM NO. 7 - PUBLIC HEARING ON ANNEXATION OF 140.58 ACRES ON FM1378 - This tract is described as 140 .58 acres out of the J. Mitchell Survey, Collin County Abstract 589 and the Wm. Patterson Survey, Collin County Abstract 716 . It is bounded on the east of FM1378 and on the south by Lake Ranch Road. There are two parcels making up this tract, belonging to one owner. The letters described above have been sent and the property meets the requirements for annexation into the City. The P&Z recommends approval . 1 CITY COUNCIL MEETING MINUTES 8CT8BER 20, 1986 7:00 P. M. The Wylie City Council met in regular session on Tuesday, October 28, 1986 at 7: 00 P. M. in the Wylie 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 Calvin Westerhof , Chuck Trimble, and Sandra Donovan, City Manager Sus Pappas, City Secretary Carolyn Jones, Acting Public Works Director Kenneth Moelling, Larry Allen of the Fire Department, Louis Nichols, City Attorney. Mayor Pro Tem Fulgham called the meeting to order and Councilman Westerhof gave the invocation . There being no corrections or additions to the minutes a motion was made by Councilman Trimble to approve minutes for the October 14, 1986 meeting as submitted. Seconded by Councilman Westerhof . The vote as as follows: Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor , Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor' 1986 AS "SALUTE TO SCHO-L � � LUNTEERS DAY" : This request was made by the principal of Hartman Elementary School to proclaim November 12th as "Salute to School Volunteers Day" . Motion was made by Councilman Westerhof to approve and sign proclamation to proclaim November 12, 1986 as ''Salute to School Volunteers Day'' . Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilman Westerhof - in favor , ar'd Councilwoman Donovan - in favor . This motion carried with all in favor. F CITIES: City Manager Gus Pappas said the approximate cost to join the National League of Cities at our current population is approximately $590. 00. This is much like the Texas Municipal League (TML) which the city is a member of . The National League of Cities provides magazines and literature through out the year of things happening in other cities' The National League of Cities also offers seminars at a discount for Council members. The annual fee for membership is based on population. Motion was made by Councilman Trimble to join the National League of Cities. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Pro Tem Fulgham - against, Councilman Trimble - in favor , Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion did not carry. PRESEN1LATI.9N_BY_.9Il.Y Y_{}F'-l.HE R-'Ri�CALL'-{}F CDUNCILWO III AN SANDRA DONOVAN: This presentation is being made under the provisions of Article VI , Section 75 paragraph 2 of the City Charter. City Secretary Carolyn Jones certified to the sufficiency uf the petition for recall of Councilwoman Sand/ a Donovan. The Affidavit of Petitioners Commitree was submitted to my office on September 30, 1986 listing the charges being brought against Councilwoman Donovan. As of September 30th, there were 1 , 964 qualified voters in the City of Wylie. There were 534 signatures of qualified voters certified on the petition for recall . City Secretary Carolyn Jones handed out copies of the petitions to each Council member . Councilman Trimble asked why this petition was not a part of the packet . City Secretary Carolyn Jones said it was another 30 pages for the packet and she felt this as not necessary. Councilman Trimble ask if anyone asked for a copy of this prior to the meeting . City Secretary Carolyn Jones said that Mrs. Donovan came by for a copy, but was told that she would be given a copy the night of the meeting as the City Charter stated. Councilman Trimble then asked if anyone else checked the names on the petition other than the City Secretary. City Secretary Carolyn Junes, said no, the City Charter states that the City Secretary will certify to the sufficiency of the petitions. Councilman Trimble said he did not see how any of the other items could be taken care of since they did not get the list in time to look at it. City Manager Gus Pappas said that the Council did not have to agree or act on these charges. City Attorney Louis Nichols told Mrs. Donovan that she has five (5) days to ask for a public hearing. If she wants this hearing , than Council will call a meeting for the hearing and then call for the election. Councilwoman Sandra Donovan made the following statement .- "Last April 5th, I was elected by approximately 54% of the citizens voting that day to serve as a city council member . I have done my best to represent the citizens of Wylie. I ` m in the middle of this controversy because I ask questions and bring matters to public attention - which I believe is my duty as a council person. Apparently I have offended some. I have in the past and will continue to vote with the city employees when they are right and against the city employees when they are wrong. The main issue in Wylie is not Sandra Donovan . The issue is will Wylie be governed by a Mayor and council members or by some city employees? I happen to believe tnat this city should be governed by a mayor and a council . Every citizens needs to be aware of this issue -- some civy employees do resent my questioning some of their actions. As long as I serve in this office I will oot be intimidated. I will continue to ask the questions people in this community are correct in asking. If those questions are offensive to some city employees I can not understand why they would be offensive unless they have something to hide from the citizens. l resent this voluntary resignation item being placed on the agenda without any prior request coming from me. This doesn' t surprise me and is typical of the personal harassment that I have been subjected to. This is a democracy and the citizens have a right to have their questions asked and answered. I will not be intimidated. I will not resign . " Mayor Pro Tem Fulgham said this was not City employees that brought up the petition , but the citizens of Wylie. Louis Nichols, Attorney, made the statement to the Council that the public hearing does not keep the Council from calling for this election. The Council should not call tne election until the public hearing. J f_,±...L..!'.t...t?{..if._. OF ORDINANCE # 'j=;,_7`.r.1.l;.tNC-1 ;..(::iii, :;.>.1.59 iifi„ TAXEXEMPTION FOR if r;F oF'E.F,.L..t OWNERS OVER SIXTY-FIVE (6::!) YE:AiR,,S some _ OF ibE : The e Council voted ' i this time back,. butan ordinance ia_ passed. ! ..,.l._, • by Councilman tl_'7. t_er0{�f ....._ i...,r;:�:;..,1:.. I::: 4:3�_::.:::C}„ rv.�.::-• n.:.•:4.:I4::: t.. approve piP : V : -r { sign . _ t the ordinance providing Pt :! C7rg _r $a ' 000. ax exemption r !r property owners over �. : j ; f : . _ years of a ge, Seconded by Councilwoman Donovan. t o vote was as follows .. . Mayor Pro.{_! j e±n " _ ! : _ i . " favor, Councilman Trimble ' afb. m _ in favor, Councilman Ulit _ : 1i ' . ci favor , and Councilwoman Donovan ..... in favor. This motion ,. _ci with all in f : iii''. .,... „ APPROVAL i,_1,... AMENDMENT ..#.(.:) }::-j_:I:::: ORDINANCE r:±.#::i±....I.":i...j.0 j'`.};::i FEES FOR SERVICES CONNECTED '}:t # I'"I AMBULANCE L E R'!V}:L E:u These Tees have b l l r t h _ result i - City a meeting with h e :1t { ; _ Y P _ . ; _ _ „ and � _ ; Hodgkins of the Ambulance . . _ , . fees . + , residents of t 1 e City will have cheaper rates both for emergency and transfer runs. The staff justifies this . action since it a ! their taxes which will ultimately i t e.,., upon . o „ p .. .. shortfall !.. .. ..,.. .. _. called�:::'4.., t:.t_! ...;t..t}_),..!{••;!i:...#:' •_:4;'i'` 7. ! t:.I�l__, 4_ii_+t:�_P l::4. ; r_r�...;ri.i. expenses. Motion 4,c..`.::: made y Councilman Trimble the: amendment to the fee o± t7 i l r _. . establishing fees +or the services connected with the ambulance service. Seconded by ii _i C f 1 ial Nest.G -Lii : ha vote was s follows Mayor _ _ - -„ t.t.!.( " ±::aiTi in favor, Councilman Trimble - in favor , r .. Donovan Councilman },iJC.,;ii:'t:.{??i'1=..t"1(::i l" ..... .!.i..i favor,::it :; and 4. Councilwoman in. l:d. ._:t :: This motion carried with all in favor . CITIZEN FOR] . , i.. .. .. . ......' i`'ji::ii...±i._, PRESENTATION BY HOMER MI , , :rC REQUESTING ! HA I......._:ilf ` a`NIE F + 36....'50 ANNEXING 4. 95 ACRES BE Dl':::in:j._.ARE:a:? VOID, THUS .t..t:::-...iNN}:::.._.....:!.Nt:a FROM r` 7 t t-I.E i:7 PROPERTY THE E::: (_;�l F�:I�'t_ �,±-1 f F::. LIMITS j....4 OF ;f.''!'t.._ t_-..._... that Donovan said+:_I Mr.„ Ma t_iy gat=..t:j: ;; attorney called her and told : . d her they would r :t be present a he meeting. That they will call back in December after r h E:: election a l,is there is a full council . r-;t... 1"j...l(::iR I'{=t_F 1:(:iN TO GO OUT± FOR BIDS FOR t:::±1'`.i AMBULANCE r•1: • APPROVED }:�•1 THE 7. _..__. t_7: B._I:' +.... f ! his item is included in ± i..i!k:.' .7 C:7.....�_ budget, i:1 t..t� staff needs your approval ...._. go i i.i t_t .. for" bids. l,.a._Motion_ was made .,: W:.. .... --o grant i t.:!t t tC.!t_7.t.-tr~± i:.:i,a�•:: t!i=_:tt..,r:: I:. t_; ±:._.;. }.±t'±::ai_; !:, ::: E"�f �IC:-, authorization .,. t:.t_! t.,){_) out for. bids,`.:: for the:_.. .._... The vote�.,lii was a.-. ;iii`.":::. follow i , Councilwoman Donovan."�.r:�:;±�i., } ! Mayor .... Pro :..+ ..,. , ,! .. ... ...,, } favor , i f lc+.'.%t:!P' t: ii_i Tt I"i_[.i t_!1'±t:l.i'f; .,.i"'t Councilman Trimble ..... in favor, Councilman t%':i C:,_t:,!._,i...(..{l.J li' :I.E...t favor, and Councilwoman 1 .. .... ._. .... .. ._#motion carried fc:'i_ with all in favor . Donovan _... .t.i± favor.�%t_i I'..„ This iii'_,... i. I�' 4..:!_.1,..r...f. AUTHORIZATION TO GO OUT i FOR BIDS FOR F'i SUBURBAN TRUCK ... OR f H I:::: FIRE DEPARTMENT iE This item is also included in the{s.! cfi :7..... 87 budget, b i staff needs your approval ppr _ :a1 to go out for bids. Motion _. _.t _ Donovan .. was made{::1 i..!`� Councilwoman ..!_! grant ± authorization t._. t. , truck . .. ... ... .... bids� for.. t Suburban}::!t..l I'..j:::+:fa L..i t..t..! Lti�_:! out L. for t..!{�... j..i 1 t.}:::: 1" 1` the±t::. Seconded by Councilman Trimble. The vote 4•.;a•.::: ::as .... - hr �\'rZ F;;:,;_ r ....... ..... .. .:. ._. ._.+.... ._ ., ...r_'7.r'fili.l.lP .,1 i .. _ _ 1 Cri<ai'i �I , , f::.t . __P , , t_. � r�^r± F=t_t.E!;,i:iz�.±1, 3.r, r !_t'.%t_.r t..{:�t_ti'it_ . _.. : favor, and Councilwoman favor , Councilman t�`•!k:?`::::. :.c:::i"'.t t._,' -- .!.1'-1 r'a+.•::t..i t'"y Donovan - in favor. I :, This.l. ...: motion carried with'_.i"! !_t. , r'i favor. COUNCIL DISCUSSION:: Councilwoman Donovan wanted to know where we were on ...I'I r::. street program. City Manager Gus have .,.. :_: C�! ,i;._, ,r r..., most c:;.#.. ._!:.. � volunteer .i. :t{sf r'i!: back :1.L..± f::1't_t�#:. Pappas said.,.t:j t:.._ I'±!•t t:,_. __ _. i_.:7 the_i t=' that !..I l t:-' attorney believes we will have t.... hold a public- hearing prior to issuing liens t"1 the involuntary property. The staff is waiting t.:+1'± an answer -from the attorney. #.. ... Mayor j:::,i_i�! l•!_'tJt }::.,�.�.!sl•±!3.tis made the statement_ on the progress of the sewer treatment plant, that Ni_t;_ had asked :::: -i.i_+t:, of questions _ r t that t _ staff a doing o : c , on this. T i e staff is getting very close to:+ finishingthe clean <i:i.r.±{:i... starting this process prior to being assessed ,;' the State. F'j:_t'y'or Pro ..I_eiti F'a:I.pham asked if t:E-,!:, State has rcic'r:i:i. i.c ,a to our letter. City Manager Gus s Pappas 5 a 1{.I '._I i e letter w!'.!_:: hand delivered to the State! rs, by Mr . Santry. We are ..k.±.I is rT For an extension on our permit on the old plant. The State has told us that seven (7) years ago they told the City to start making repairs and improvements to the plant. The City did not do this, but they are pleased that we have put in their hands a copy of the plans for the improvements and the fact that we are in the process of putting plans together for a new sewer treatment plant. As of this date, we do not have a written reply from the State, but the next step will be to authorize CH2M Hill to go into the next phase of the plans on the sewer treatment plant. There being no other business, Mayor Pro Tem Fulgham called for a motion to adjourn. Motion was made by Councilman Westerhof to adjourn. Seconded by Councilman Trimble. All were in favor. --------------------------- ice Fulgham, Mayor Pro Tem ATTEST: ____________ ------------------- Carolyn Jones, City Secretary ^ MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURBDAY, OCTQBER 16, 1986 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on October 16, 1986 in the Community Room at 800 Thomas Street. 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, Ken Mauk and Bill Chapman' Ben Scholz was absent. Representing the city staff was Roy Faires , Code Enforcement Officer; and Amanda Maples , Secretary. The meeting was called to order at 7 : 00 P. M. by Chairman Kent Crane. 1984 - Ken motion to accept the minutes as presented. Vice-Chairman Brian Chaney seconded the motion. Motiun carried 5-0. FINLIBERTY GROVE ESTl�I�� - This addition is a development of Dottye Bateman and is located in Wylie 's ETJ' Mr . Faires, Code Enforcement Officer , stated that the staff recommended rejection of this plat due to non-compliance with the standards that the City is authorized to enforce in its ETJ. The Preliminary Plat for this subdivision was never approved by the Engineering Staff for the same reason. The plans do not show any drainage, water or sewer and the street profile shown is for both City and County so we don ' t know which one they intend to use. Mr. Chapman stated that the Preliminary Plat shows that no sewer is available. Mr . Faires said that the City could make them lay the sewer lines so that when the City is ready to connect in that area, their lines will already be in place. Mr. Ouellette stated that the plans had bearings ancl distances, an accurate location and a legal description o+ the property and showed the exact layout; why should we reject this? ~�~ Mr Faires said that page 13, section 4. o4 of the Lity of ^ t tes that "after approval Wylie Subdivision Ordinance s va1 of a tne preliminary plat by the Planning and Zoning commission and City Counczl " a tzna1 plat , prepared by a registered public surveyor bearing his seal and the construction plans prepared by a registered professional civil engineer bearing his seal , shall be submitted to the Planning and Zoning Commission. " Mr . Chapman made a motion to reject the Final Plat on the ^ t had not been approved.Plat basis that the Preliminary a ;ice-Chairman Brian Chaney seconded the motion. Motion carried 5-0. ITEM . �_� C PROVISIONS QF ~A_PRIVATE- ------ d Zoning ��N[�E - The Planning an on ng Commission recommended ORDINANCE to the staff that the following restrictions be included in the Private Club Control Ordinance; 1 ' Private Clubs should be restricted to Retail , Industrial , Business I and Business II districts. 2' All Private Clubs must be located a minimum of 300 feet from any Residential area and a minimum of 1000 feet +rom any Public Park , Church or School . 3. Limited to only one ( 1 ) Private Club per every ten ( 10) acres. 4. Food sales must equal 70% of total sales. 5. All Private Clubs must furnish the City with an annual sales report every six 16> months, must have a formal yearly audit and a copy of the results furnished to the City for consideration of license renewal . 6. All Private Clubs will be fined for non-compliance with this ordinance in accordance with State Law' 7. All Private Clubs will pay a $250. 00 application fee and a yearly liscense renewal fee of $100. 00. 8. Seating specifications for Private Clubs will be a minimum of 150 chairs x 12 square feet per chair. � A-4e4e-4zeS ^seTdeW epuemkj / :Pe-41TmqnS Allnfqzedse8 uoTssT-mmo3 F3uTuoZ buTuuel6 uemjTeq3 peT-A-Aez uoT�.oW ^uo ��om eq-4 pepuozes >1171eW ue� ^uorsszmmo3 buTuoZ pue buT.uuel6 eq4 fo buzqeeW -4eTnbe'�A 986T �9T jeqoqzO eq4 uJnorpe o4 uoT-4om e epem Aeueq.1 ueT-48 uem�zeq3-ezTA _ N������ • OATH OF OFFICE. I, Dr. Tom Jones do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Health Authority of the City of Wylie and will to the best (City,County,or District) of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employ- ment, as a reward to secure my appc! .zzrt cIp me God. Dr. Tom Jones, heath Authority 801 A West Highway 78 Wy1iP, 7511 8 Mailing Address Zip 101 Liberty Wylie_ TPx_ 75fl9R Residence Address Zip SWORN TO and Subscribed before me this 1 tth day of November , 19_a6— Notary Public, Collin County, Texas. Certification of Appointment _1J I Carolyn Jones. City Secretary do hereby certify that on 1 1 th day of NnvpmhP r 19 Dr. Tom Jones , a physician licensed by the Texas Board of Medical Examiners, was duly appointed the Health Authority of the City of Wy1 i P Texas, (City,County,or District) for the term to begin on November 11. 19 sh and end on November 11 19.aa__, unless said authority is removed by law. Signed Carolyn Jones Title City gcorctary ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 14-9 consisting of 73.986 acres; and Tract 14 consisting of 1 acre; and Tract 74 consisting of 49.61 acres; and Tract 15 consiting of 7 .4 acres; and Tract 85 consisting of 6.161 acres; and Tract 87 consisting of 2.07 acres; and Tract 88 consisting of 22.904 acres; and Tract 72 consisting of 49.89 acres; and Tract 84 consisting of 5.5 acres; and Tract 29 consisting of 36.498 acres; and Tract 75 consisiting of 11.599 acres; and Tract 31-9 consisting of 318.74 acres; and Tract 31 consisting of 1 acre; and 34 .47 acres of railroad right-of-way owned by the St. Louis & Southwestern Railway Co. for a total of 620.028 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 . SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 /0 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY / / - - —__ _ 1Z�'._. TENNACt e- ,rM-7Tnn•ait c f ADDS: JA[ 1 r «•�•, 205 22,18 2128'27 • • • .. F 14-9 L.a Ac _ t GLAD ACRES 1 s : .y; It.. z,oAc ; e_ t• 1 U 20T,-,.f.' . 4yt I < �LLi-Y+f. y 201 """ VSA +2os20Q 11t.c T 11:i- Da. P/Ausaao ii .,.M.W. ' 199 4. ,:'o�c' /3»-tee A :s 23 ^°'"" kra, ► z8.$39 AC T 4 198 4 Zw[. 19T slapLAC /0,7.[• GCJ • AAAV A.RIEcc r I- ...5 505.347 73.75 4C __ 14. p. nA[Y M. O AI(r�LY t :.c. t/AC io1•Ti'i N} a \1h 41.�/Ac • a�'- ;i C1tY + Lowy2-STsf /NC,,fT-A�, Z a J 1112-iffy j; _ SHEET 2 <� N_O 1i• YG.t7cc 2 c r. %A U • p CC a— • JO N • _ � <V v�YLit [.7Y 89j9 88 T5 � V/ CC f,. -r• td-o uic,n /IAAAA[EV ,EvorAY ..................................... / Z 89 G84—384 gilii. L.L.cAtE, 22. 1C)4AG. 1,6 8 3r,cc AC • 75 �VN aa• 95 rnAc u We rival - .a,n,r 120 OV,g SGVS 4/41A,t JEY $Z•1 �20 • z . 7 V I . . "o0a•olldlliril 18• W CC 91 ---_ iOsi$ rosA4 A.Aleci/AL wA7.A litil CO D.STR/CT 81 1 r 4 <nc /{ .l • h • • �. filF.Ri 29 o 11r. ALEXA.+Ot4 • TUcaEa .v; lie.f4 AC Q N ty • h�cr A. /tNOtaY Al f 11.i7Ac .•t 72 50 394-01 Si At co N14 .9 5 �� �O 4� SO cc 4 \CJ 7(0 • fiw�•r 0 \�0J .Fl: NowQ foVrA ca, d•J 71"�,st..4 , �.�. SF !f SHEET;3 aJ t 7••dr At JO '�+�, l.CY AI �'` QU Y � Novel fog~�co, ae 91.1SAc S 70 r SH 78 81 86. 190 191 193; WYLIE RANCH EAST VI() 62 05. 63, 64' p( (1 P ,, iiti 11 IiUI I u I A i:6111 10(111161AI ►q L. B. SURVEY 11;iiI\I JNO. CAMPBELL SURVEY HILL SURVEY A-239 32• 33 LAVON RANCHETTES �vfA 1At W E s��aN '". Q 0 sr•oe'l* S ?i'9g 31-9 . WM. C. TWIT. /ILFxANOtK . ru�cialt A-9' 318.19 Ac 11.51 44 I se %eaA 33 yl PAR, k831 aal! yy YAfkr {.rl AL //C 33-9 lal ,.Ara • S F.Ra' 34-9 A t 34 I 30 lit..‘ MC V. Wt KE i w6Rnw —L. ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows : Tract 110 consisting of 39 .954 acress; and Tract 112 consisting of 35.8 acres; and Tract 100 consisting of 25.5134 acres; and Tract ill consisting of 34 .950 acres; and Tract 124-9 consisting of 140.840 acres; and Tract 124 consisting of 1.0 acres; and Tracct 140 consisting of 1.0 acres; all out of the Francisco de la Pina Survey, Collin County Abstract 688 totaling 279.0574 acres. SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: APPROVED AS TO FORM MAYOR CITY ATTORNEY ATTEST : CITY SECRETARY T` a • SHEET 1 • • Leo 05 co 104 107 112 .t i• �� 111IM cow . r (Mrll.l 1A. • Q, OAK• 3 110 .OAK{ ADDN. !. 1 1 f 10 RETAIL ♦1 12 , 1 Iasi. OAKE . ( ( a/{i. FREYMEq f 11• 1084 ADDN. kREYMER 35.84t, 7 10 ••r.:u 39. 95g14C. g1` RAILR( AD 109' OAKS 006.45 /a , iR It IEM$TALY ADD11. \ r u • at n. ,_0 teat lee♦ 14 100 � 101 _ AgDN a T i CR.LTRsr •+[l..•. 1.1R( 1-1 IR PR•? !� RU8N CREEK 1.1.nay TI�AI S ESTATES�� US 1-JL1 RUSH CREEK . If ESTATES zs S/,jy AC WYLWOOD •t i 19 SHEET 5 111(. tees *II 1( .AA Rr Rf.DDr .7/A[ • WYLWOOD • 97 99 WYLIE - IGI HARK. 1/?.fA(f E7_Al. IA( • ` /OS (AMYr( GAA./U f f$AC BOSTIC ADDN. /07 CNAS ,.l(..s a9t34e. • ill OON RAF rMEa /w raaff-r 1.4 • wrLwooD •a 1,3 WARRY T1634,,5 2.94541 DAVID w/l,a/AT( 198, Sr J01114 alSTGwI t./044C3 DAv/R w/l.s./*m f ill Y1_1 lay/-1 1916-13a D378AZ. lrAC rt.4/AC —Z_ ' " $1.1 11.1I I' . • LLD 11•wY' S MEADOW 111 • 124-8 189 Nf1eNT�; 174 Yaa ESTATES ►Al 0 8u 4' SDUIS .wi+t MEADOW HEIGHTS EST FiE'' !Al ELK A • • 167 1 20.3 c ai.1. ILRI YMtt �., E• Oaral N Y 33S38Ac. ay1IN-,a, = .— — JONN W/tall kR/YMI! !AC Zw GO. rol.de Ad ttpt 188 •1 l,s�•13i • uc 173 as RAN,Y Ml/LAFA NAI•N, 7./yAc 172 V PT. 1SS-4 •a Y.1/ AAAait 140 168 AAAaa tAALOIM aal.a)Ac 1 AA • 141 ,198 1183 ' 171 •185-9 185 ■.c.AAe rAaait 120 /pNa1 A.0 w/R v/aa MA 111. 0v0air //"C %i3Aa 11..42•O A[ AVV-i fA ill,As - 149 -- JANal 1[iNNow/A 175 cri /ALA-. 14R 1 Dav/0 WALDa. 'JOHN N I�ip- . MiAte (011 /ANTI IC#NIM.Nit 1 /tVf-01T .2.to 4‘ �L..N w.AAtrniA C4: 4.4fA• . N 14 i 7 �"' 122 1/.or..Ac 128 )A/pf l[ENNoWLR 'WI 1d. 4 Nlto.wl MLvaNI 11.1fOAc yiAc 123 121 f.7Ad, j'Ac 127-9 lge opal NAa.a. 151 153 159 1 v- 143 142-9 Tl.1AL J.YI. Y C rlfA yh IIAr RAW O&M SCNa/4 k AA crAlN+a+ fav 522 • 1.i7Ac r AAeI[rf t 84 1 130 32 1. , •.rt 182 178 196 ]78 183, L MAJ 1rNAa/ LOLI AA 17.fYAc J•MN awA • - �1 27 NAA./vAN. 18Q 14 V n4 0 1.t4 Aa I.VA.,A AA•fanN. AAA* W '3 139. 1/.o3 Al 07 k /1•?-a7J 1Aa r..w.aa oAr10 wALOEN 1JAt 3.q..a JA/nel 150 142 LaHA. 188 205 NAM(CYI. .b••171 ALlON R.L. ,�, V"• V v w ,uG/tt a>a•L•LY �N'V• .f .Y V.VA A, ...Old! •.,VIA.' a 90.ofMA[ 11 41: i 1. .0 158 1/Ac 179 .rIA +; 1 1' '- 138 138 133 I al.i _. j-l; 10 o ,,., •/Na L.11 Aa V i t.falc .• ` Zi: • !r (V /oNr MAOY 4A. _ a+v 2 _ AIL Aye sAg il trc r 134 ? 3 atisN waIOf tl.ilaa fA, Y law-111 .18E 4;!• 2 3 ,.�vA< 136, 1.37 a .'n �' 185164 _________ ________ /.VI At Al IT ... 7 . : . ___ '/ • AARON WEST SURVEY J.G.. . ROUETT SURVEY ,}E�}J ¢, g4i1=3 Zola-73/ / '� A-979 1 f 4ee¢Y rartort nJr-eLs �. 33Ae r57 KEN A-475 iil W.W.HOv.l NIILNr LtA ac ill CHARLEf GAaat lr 171f•r9t LOLA Ac Ili tWiZT fa.UA/LAV .1f AC 1%• -R>I r1. 1 Inc,'o,�th -.o2.1-1.11 %.00aG 0l1 ►..■WOOD lollcLK .SA A[ 11f AIIN/f'Duff /LSA-fa 7/ac ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ti ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, ,and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of i9 the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 19 consisting of 50 acres out of the R. D. Newman Survey, Collin County Abstract 660. SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 6 PYt•IN is 1 %/7zeta*. Ir. 198a' �� •YOI I.MiNYAN• � •, u • ' 31 t 15. ('.. 1 17 e......• . . . . . . . . ... .. , 0. a ,' . E Y L.� l �. .'4.1 �: ' .• i ,.: DER �LC �ao 1a-309 - .; ;t'0I:$;7eknz�n.; areal A-292 ` 48.034 AC Al KITTNER 7.013-3oq i , '' 99:04''AC •86.197 AC \ • .013.•,,'3 4g p c '44 t 1 '$ SohnSort. '•\ Q k •► i . ' , E 1 0 2.0►3-30'L • • (.,.. ,)i (......., ,. \ , , , . , "o 20 }v . ,• DAVID M. SHEARER,. , • '50'.AV; ' /141'DAVID M. gHEARER ) 11f AC PCP .fib irf , e w, WYLIE ISO COLLIN COUNTY O • DALLA' ' • , 00.sumw.0Af ), *, � C•1.1 0t. YON1110 N. MTT<1100M I AO • 00.SIT tNTt11rM10t0 INC. 01 IS.AAMtt 0.ANOtA00N , <f.;44".1.G�►t� 41.0on*NN,, /,ys^, S.NO<NIT A.NOON * ,. !. MOMIK 0M AO , �A�O / A' t0.OOIItLt aims LWINOANTt INC II AS 00.AL MINK MINI <t/011.400 0.0010 AO , • f 11 IQ IL 1 1 tli Itt ti p 1 fr �1 Al w9' ii lolls i 041 1 a I so4 I N A) MIIINI►141IN 00 s ii IIH 0 00144111 1 I'' ! 1' ' I It I I �i .1 III t i 1 i it 1 I ii il Niui is 1GII1111 iiii I,lii II,,III .h ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 4 consisting of 37.13 acres out of the J. Mitchell Survey, Collin County Abstract 589; and Tract 0-3- 29 dit of the Wm. Patterson Survey, Collin County Abstract 716 for a total of 140.58 acres. SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY rI0 eir.11ri . «�M�i'. • IiN.f1�G J,1,IRwtt •f�i�YQ4 . fwAs • iry.lo1 • 1/1,11At I. .F ' • ? . • • 10' ' . . . ? . . • .. .w•tw ,,,t WM, PATTERSON SURVEY • • / A-71d ' ti t o. • • I�iY•7fti __ • V . 7�.1r/� ...��??? , . /meth/V. • fM✓4Ih0N0 . b iirzo ' • ,.,,,f�, r.osa • f`•PIAt . • d o,ct2, 'lc, . Ra//tT TM✓KM.WO - 311.MfA! • • • • r .SAKE.RANCH G. OUNNELL 8URYEY ' ' • '' • .;MR SPARKS SURVEY' ADDN.. AFL ..A44o 081 e a ' • SIMWYLIE 180 • Hi ' ' 1 I'I'll1i.1 ° I PIiThICIT t • � � II t. t�l l, i ..a f +1 e.e ..•.....a.. 1 is i J 1 A-629 SURVEY 27-9. • - V. A.).DM, IL. Of MG• I.- lag, • CR 29. • CHAS. ATTERBERRYSt A-22 • • latereZT 12 NViiVIJ • zo04-768 2004-771 /OS.4-.S.AC.. . • • , 4 • 4 •• 1111•M••=.• LAKE RANCH ADDN. SEIGENRIENEGSLIRVEY G. W. GUNNELL SURVEY 9 • A-351 • • ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas . ti Said territory hereby annexed being described as follows : Tract 11 consisting of 94 .01 acres; and Tract 10 consisting of 41 .88 acres; and Tract 8-9 consisting of 28 .011 acres; and Tract 39 consisting of 3.5 acres; and Tract 8 consisting of 1 acre; and Tract 40 consisting of 4 .0 acres; and Tract 37 consisting of 1.599 acres; and Tract 9 consisting of 0 .699 acres; and Tract 12 consisting of 44 .9 acres; and Tract 24 consisting of 15.5 acres; and Tract 25 consisting of 15 acres; and Tract 41 consisting of 1 .5 acres; and Tract 26 consisting of .57 acres; and Tract 27 consisting of .54 acres; and Tract 28 consisting of .54 acres; and Tract 29 consisting of .53 acres; and Tract 30 consisting of .51 acres; and Tract 31 consisting of .52 acres; Tract 1 consisting of .50 acres; and Tract 32 consisting of .50 acres; and Tract 33 consisting of .49 acres; and Tract 23 consisting of .694 acres for a total of 256 .993 acres out of the M. Sparks Survey, Collin County Abstract 849; together with all the railroad right-of-way owned by the St . Louis & Southwestern Railway Co. contained in the M. Sparks Survey, Collin County Abstract 849 . SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY i� t!.4A c • • • • MN.RAM$ 4 Isl. ' 16 • • 44.ei1 ...0 Alstit.Hrrlt wtibNl 34AL • . 10 C.G. ma's,mew m f y42-14f 10Ac r 17� LAKE RANCH 46 W. GUNNE� ✓.M. ^fwNGW/TZ A:36 I. *lag*, .Z, o3-7// /►DON — 28.6/AC. i AivwF1N Auk /OS. tt At 4 JAct swill' OW' 10 IS .'A. 6Rsf!* .1., Y mu OAS JO WA 17 V. Lacey esee.r.A • is wl•INERi I. No' 24 WHMLAS smaYM MA.lANokthGA JA, PNOA.As A�ANNfWiti !o �AIR1' ►ARwf6� Atli re trylt0 IARTNEt NoISA fAV4OR AL. SAMIK N JAkt w/CONIR /1.+-en . 141-9416 Pei-410 s0.41At 374WI4..+r12~A y�� ea AC. MfAC 22 1a.14. ►A7AKf �S\• liNMmN ' • API-21N • (As -► - 94. 8�9 24 _ .26 • RAT L/A/ W1 ilAMt sAaps NMkwitsl, tAL/N vlNrvf,ttl, • • ris-711 101,-t!i 4.1.40r e.g.waoo 35.a AC • 9 • 38• gr LOU1$ J 1.p4 I 39: : .378 NWEgTE-N R.R Ietl'NAM 1 ,...*Aak •- s.aAc 40?.iAs �.tt..v • . 3.{.Ai. 8 ,,.AS 0 v.o At. N N N N :� �. 1 32 3 - Ma Ai h 41 ArAa 3 W1.4.. eActi.9E.8l4R-.YEY: .. . 1. & O.N. R1/, CO, :. • • • .ENO. MITCHELL SURVEY WM.,PATTERSON $%JRVE' • ,A-58 8 A-718 - l • • lacy 757, LAKE RANCH. 441.70y• AQDNi • y4. 4c WH.two.ELL. 141. 4 972. 0) 15 94.oii - DEfit ��lL wtibN� 74Ac 18 C.6. 141,4,11N1414441 • 44e-14! rapt • 17' LAKE RANCH • G. W. GUNNELL SURVEY ✓.M. MdNNc iv/Tz zao.5-7ii gDDN A-3528.8/AC I-- ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE _.1SL LM._ SACHU. SURVEY, ABSTRACT NO. , UPON PETT I ON OF B. C. WOOD S IDA SCHOLZ, TRUSTEE WHEREAS, 3j_c,` i(g 4. & Ida Scholz,, Trustee has f i 1 ed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to—wit: 51.531 Acres — see attached c ORDINANCE NO. CONT' D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE _-igarit__ DAY Of___ 198_A. iftwommummb Mayor ATTEST: • Carolyn Jones, City Secretary �� / / -• I I . ~ 5 --- . i. h- .kOUIñ P/ .•Iwau ,•o11,Ea 9 I — K K,•M ►- .1• t.s - ,�fy 1 //__---------- ' ! . .{• •c CITY `$' • - - - - - LIGHT - _2Q. 28 AC. - - - ---- -T-P—a-L- - -- — a __ _'u- - - - - - - - - - -- - - - - t ' CITY � I •• 1 7 P' 1 - • 81 ‘ . • • • jyi� f C. W-000. i .aE• .ol�[+r. ',-•p. ,.1 •O et SC �/ •K •' p Mt\fll• __ egTs I Y_ ......)...'"N\-''—-......,_ I .,. .=,........ .N...I.. •I••••••4 4 ••••: CI T__.TYY„ 11/rt 1 1 • __ 1 ' J I •••••.•CI • ••• ••.(•• \ i ! a • _ M.. 1 11 1 ;I l KA 11 1.11 l l• {KE• •• WO••M •.t• ..t..l• t•Y•t ♦ ,• • .••• •t •. ail, et !l1 •C 1 �� c••lE. 1.. . 1 / PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: f TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, :::5:omes Pas • o the County of _._6_ .Lc�!L�.�__-_ _�_ _ and the tate of Tex s, 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: ��. z 3, ctQ,4.a scut zUiA . . CO 44.9 • PETITION FOR ZONING CONT' D. F'AGE b)/4J-*/ :_iai � /� represents that he and all other owners de r_ 17 zoning to be changed from to �... _ in accordance with the current Zoning Ordi.ni. ice 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. Witnes t hand of this petitioner this the /1�:' day of��� I1(,. /, , 198_. .19,a_gf-_,,giiti,e. Signatu- 1 --2). et/2),a, Please Print Name t.i ...4i+,./ /pity. Street address or }3ox No. (-.104.1) City Texas Zip .1/.p- - 0?.1-3/ Telephone e 1 47 i • • THE STATE OF TEXAS: �� COUNTY OF COLLIN: �/" Before me, the and i e. No f y Public on this day personally appeared � ter 4 ' _ . ' JL:A_-_, known to me to be the person whose name is st_ •scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Gi e }�nder m-yhand and eal ■ office this the _, day of Ll�� LGIe�--- 198 . ' Z 212. No ry Public, Col 1 i Count., Texas 't - j1\ L:t3ry Peek State Whim J" , ,.:p Commi::ba(spires 229 4 ',,o 114U £AU $AG WARRANTY DEED THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS : COUNTY OF COLLIN I THAT VINCELEE ALEXANDER, a feme sole, of the County of Dallas and the State of Texas, for and in consideration of the sum of TEN AND NO/100 DOLLARS and other good and valuable consideration to the undersigned paid by the Grantees herein named , the receipt of which is hereby acknowledged , have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto B .C . WOOD and wife , NETTIE WOOD, of the County of Collin, and the State of Texas, all my undivided right, title and interest, the same being a one-half ( 1/2 ) interest, in and to the following described real property in Collin County , Texas , to-wit : SITUATED in Collin County , Texas, and part of the William Sachse Survey, Abstract No. 835 and being part of a 111 . 18 acre tract as described in a Deed from H.A. Barger to R. E. Alexander , Jr . and B .C. Wood , dated September 18 , 1945, and recorded in Volume 354 page 505 of the Collin County Deed Records and being more fully described as follows: BEGINNING at an iron stake in the east line of the said tract, in the center line of a public road . Said stake bears south a distance of 984 .74 feet from the northeast corner of the said tract. THENCE south 89 deg . 41 min . west a distance of 2639 .87 feet to an iron stake in the west line of the said tract . THENCE south 0 deg . 00 min . 43 sec . west with the west line of the said tract a distance of 658 .81 feet to a steel post. THENCE south 1 deg . 01 min. 29 sec. west with an established fence along the west line of the tract a distance of 389.36 feet to a wooden post at the southwest corner of the said 111 . 18 acre tract. THENCE south 89 deg . 04 min. 26 sec . east with an established fence a distance of 574 . 05 feet to a wbeden corner post. THENCE north 0 deg . 13 min. 08 sec. east a distance of 271 . 40 feet to an iron stake . THENCE north 89 deg . 57 min. east a distance of 2072 .00 feet to an iron stake at the southeast corner of the said tract in the centerline of the said road . THENCE north with the center line of the road and the east line of the tract a distance of 798 .74 feet to the place of beginning and containing 51 . 531 acres of land . • ,t. Y . ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of , ...g jigosA_k lIdAj5saiQlEL Trw�ee 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: Agricultural Said property being described as follows: 51.531 Acres -- See attached I SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same ar,e 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 pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($2C00. C)C)) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. • DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 0141111 day of O!l'MWP 198 6 _. affleTFF IJ. si41side, Mayor ATTEST: Carolyn Jones, City Secretary cAg lag 9 ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE .IJL_Y_$L..l• NEWMAN SURVEY, ABSTRACT NO. _ 4 $_& Ji6,Q____, UPON PETTION OF Mr. K.Dingban Wang____ WHEREAS, Mr. K. abigkaa Wmg has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: see attached • ORDINANCE NO. CONT' D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE __ ,__ DAY Of__ i ______, 1986 . W nl:: r. 0 Mayor ATTEST: Carolyn Jones, City Secretary 6_ :?.?/ 10 . . , 13 - ,....•,..,.. 1 - I 11.•I me..) . Z-----------___ 30 . . . •. ' , -"I1,• 4 / ., *6 i%1, .•• . .. •••1 Vol••• 111 •• 1 - , 04 :1 if• " •* It lb •t .... - ..---.--.. .. •• • .1 01 i •1..-•,,... t .. ideArr•• e .b... i J. • ..,/ _ . Xv• * 1/ : • 0‘•0240% Pak 7 ii.v: ------7.---------- / —..--..-------------------..— I \ I .7. 6,CII • 3• \. 40 t4 • 6 ". ..•• . \\.\„1/4 I • .." Wiz smog iv ...' / \ ."# ant long ( \ 1• ..• . I , 4....-k ....." ...„,;,./zz . , . , ( ._ _ . ... ... .. : \--\\---- ( 7.8 C6• r : ' VS / Z .. ,,,, \ I 011••••••• i-„,••••• • / ) 71 10 1 1 11.110m,, d. " .... ' •,, / /". •• ••••116. ... / ,/,',..y ../... kk V"' / ••• ' •• .., - - . • I 7/ 0 S 01110 ,.„,.' , ... ..-• v" .- - 0 C V ... I 0 ../ .• .../ Cs• 1 / „.•• • . un• 440)1 ,...-- ' - 10A Z Z r . ... GI•\\t"..s H04 1,0 Sorter 16 ZZ, • , ,.....\ 5: • .... \ z---- . • _ , I y \ aN0d — -,77-• 3m x v i \.......der.,.........../,----":4.0 z-- ,./ Z. •_ ) v4 s 1 i ,• ..". - •,,,, ,. .411. _ • PROPERTY DESCRIPTION BEING a tract of land in the H. J. Hardin Survey, Abstract Number 438, and the ' R. D. Newman Survey, Abstract Number 660, situated in Collin County, Texas, and also being a part of that certain 260.436 acre tract of land described in deed to an P. Beckham, Thomas rriman and Bessi L.ofCollin County, Texas, and beingrecorded more particularly Pagea 343 of the Deed Records described as follows: BEGINNING at an iron rod set on the centerline of Hooper Road, a county road, and . -' the West line of the 260.436 acre tract, said point being South 2'02' East, 1155.0 , feet from the most Westerly Northwest corner of the 260.436 acre tract, said beginning point being the Southwest corner of Northlake addition (proposed); THENCE along the South line of proposed Northlake Addition as follows: North 88'41'10' East, 2796.32 feet; South 85'17'57' East, 411.05 feet; North 87'00'50- East, 229.96 feet; North 79'34'52' East, 175.88 feet; South 66.35'40' East, 150.84 feet; • South 88'55'34' East, 65.74 feet; South 73'40'4A' East, 132.47 fee; to an iron rod set on the Northwesterly right-of-way line of the G. C. i S. F. Railroad Right-of-Way; THENCE along the Northwesterly right-of-way line of said railroad and the general . line of a fence as follows: South 50'22' West, 952.52 feet to an iron rod found;' South 36'18' West, 92.79 feet to an iron rod found; South 58'19' West, 3744.75 feet to an iron rod set at the Southwest corner of t4e 260.436 acre tract, said point being on the 'centerline of Hooper Road; . THENCE along the centerline of Hooper Road and the West line of the 260.436 acre tract as follows: ' North 21'03' West, 486.90 feet to an iron rod found; North 2'02' West, 2644.98 feet to the PLACE OP BEGINNING, and containing 149.6546 acres of land, of which 154.091 acres,' more or less, lies in the Collin County tSoil and Clonservation District Easement, and 1.15 acres, moreor Hooper Road (outside the easement). • 1 J . l ve' DATE a-3-85 , ' • ' • `lit A' • George' . Pewitt , Registered Public Surveyor i ft * % .? GEORGE G. PEWIT ` ' ,f ,} 42T1 `o- . r 1 ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE R. D. NEWMAN SURVEY, ABSTRACT NO. 660 , UPON PETT I ON OF j,Qgu G.._BE $E WHEREAS, ___I,,QgjuLa_$ a has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, • BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: see attached - - Tract A /541 ORDINANCE NO. CONT'D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE __Am DAY Of_.imiilmy_._.._.__.__., Mayor ATTEST: Carolyn Jones, City Secretary �s r . •;lb —JI c 1;1' C COE RC r���0� o.• TAR• ) 1985 N. I9t /lc 5*• 10 •- 5 C 16 17 18 / isg• •am/ .,L. . j GEORGE LEWIS INC. A-,438 44 AC � \ GEORGE LEWIS INC. 96.034 AC t �� 1 GEORGE LEWIS INC. • 1 de 55 AC dtfr j 3 E At • 1.ao•�t� sa••Io �`: 1t1 y GLENN DAY I 32.30 AC • - - 25 ..1 �' c• � — 19 1 22 20 I DAVID DAVID M. SHEARER i . GLENN DAY 117 AC 80.951 AC WYLIE ISO COLLIN COUNTY 23 [ AC DALLAS COUNTY •ACN•E ClT♦ UNITS IC GLENN W. DAY — a.GEORGE LEwA INC.A•AC ]1. wONNIt N. •ATTENt ON I AC •.SON KNAMDO I AC 23.JAwlt D. ANDEN•OO it. INT IDES INC. •-•,NOKNT 1 NOOl N•OAR AC 27• ,. �.v� •. RO5CNT J. NOOER• /o. •Er All AwA 00 1 AC ]D. DOu•LE •AOIE LLMKANT• INC. ] AC ]•. AL EMMEN.221I/31E1 1114 1-300 0.0073 AC Li. LION wOt/w•Oc • AC if.O.L. • CF. RAILROAD CO. •.t] AC 17. O.C.• Cr. RAtL210AD]J• AC -.• O.•.0.... LOTT ] •C. TRACT A Being three tracts of land out of R. D . NEWMAN SURVEY, ABSTRACT NO. 660 and being a part of' 31 . 82 acre tract of land conveyed to Marguerite Bostic by A. O. Byrd and filed in Volume 502 at Page 172, dated July 16, 1955, Deed Records of Collin County, Texas ; a part of a 33 .3 acre tract of land and a 32 . 5 acre tract of land conveyed to Gene T. Ruhl and Gertrude Ruhl Raily by Charles L. Ruhl by deed as filed in Volume 602, Page 265 of the Deed Records of Collin County, Texas, and being a part of a 0 . 164 acre tract conveyed to Gene T. Ruhl and Gertrude Ruhl Raily by Charles L. Kuhl by deed as filed in Volume 459 , Page 476 of the Deed Records of Collin County, Texas and a 5 . 58 acre tract out of a 20 . 0 acrd tract conveyed to Big-Tex Development Corporation by George J . Wallace and wife, Vivian Wallace, as filed in Volume 578 , Page 561 , Deed Records, Collin County, Texas, and being more particu- larly described as follows: BEGINNING at a ' stake located in the Southeast line of State Highway No. 78, said point being North 51 deg . 46 min. 23 sec . East 1329. 93 feet from the West line of the R. D. Newman Survey; THENCE North 51 deg. 46 min. 23 sec. East with the Southeast line of State Highway No. 78 ( 120 foot R.O.W. ) 441 . 07 feet to iron stake located for corner; THENCE North 63 deg. 04 min. 23 sec. East with R.O.W. of State Highway No. 78 , 204 . 00 feet to iron stake located for corner; THENCE North 51 deg. 46 min. 23 sec. East with R.O.W. of State Highway No. 78 , 101 . 79 feet to iron stake located for corner; THENCE North 51 deg. 46 min . 23 sec. East with the R.O.M. of State Highway No. 78 and the North line of a 29 . 506 acre tract 874 . 87 feet to iron stake located for corner; THENCE North 51 deg. 49 min. 41 sec. East with R.O.W. of Highway No. 78 , 103 . 76 feet to post located for corner; THENCE South 62 deg . 03 min. 28 sec . East with fence line and with the Southwest line of a 4 . 95 acre tract as conveyed in deed as filed in Volume 630 at Page 643 of the Deed Records of Collin County, Texas , 155 . 84 feet to point for corner at. base of large tree used for corner post; THENCE South 88 deg . 04 min.. 41 sec. East with the South line of said 4 . 95 acre tract with fence line, with the North line of said 33 . 3 acre tract, 748 . 53 feet to a stake for corner, said point being the Northwest corner of a 55. 0 acre tract of land conveyed to J . D. Egnew filed in Volume 312 , Page 262 of the Deed Records of Collin County, Texas, and said point being set in the South line of a tract of land conveyed to H. E. Minyard and filed in Volume 719 , Page 533 of the Deed Records of Collin County, Texas ; THENCE South 02 deg. 13 min. 24 sec. West with the West line of said Egnew 55 .0 acre tract and with tree line , and with East lines of said 33 . 3 acre and 32. 5 acre tracts, 2289 . 62 feet to a stake for corner, said point being the Northeast corner of a tract conveyed to r -- PAGE -1 • - ` Nuv 81sj 4/7 Lr Morris H. Patterson, filed in Volume 670, Page 212 of the Deed Records of Collin County, Texas; THENCE North 89 deg. 37 min. 44 sec. West with, fence line and with North line of said Patterson tract, 129. 77 feet to a post for corner; THENCE South 02 deg. 40 min. 38 sec. West with the West line of said Patterson tract, 373.66 feet to a stake for corner, said point being the Southeast corner of said 32 . 5 acre tract, and said point being in the North line of a 117 .0 acre tract of land conveyed to C . J . Thomson and •filed in Volume 724, Page 64 of the Deed Records of Collin County, Texas, and said point being set in the centerline of a dirt road; THENCE North 88 deg . 18 min. 36 sec . West with the centerline of the dirt road and with the South line of said 32 . 5 acre tract, 1496. 28 feet to stake set in dirt road for corner; THENCE North 02 deg. 13 min. 30 sec. East with tree line, and with West line of said 32. 5 acre tract, and with East line of said Bill Hackett, 34 . 3 acre tract, 879 . 96 feet to a stake for corner, said point being the Southwest corner of a 31 . 82 acre tract of land conveyed to Marguerite Bostic by A. D. Boyd in Volume 502, Page 172 of the Deed Records of Collin County, Texas, dated• July 16 , 1955; THENCE North 02 deg. 19 min. 09 sec. East with the East line of said Hackett tract and with tree line and with 8 .0 foot passageway along West side of said 31 . 82 acre tract as filed in Volume 73 at Page 84 , 738 . 89 feet to iron stake located in old fence line being the South- east corner of said 5 . 58 acre tract of land; THENCE South 51 deg. 46 min. 23 sec. West with said 5 . 58 acre tract 428 . 85 feet to iron stake located for corner; THENCE North 38 deg. 13 min. 37 sec. West with the Westerly line of said 5. 58 acre tract 417 . 74 feet to Place of Beginning PAGE -2- ORDINANCE NO. fl AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE R. D. NEWMAN SURVEY, ABSTRACT NO. 660 , UPON PETTION OF LOUIS G. REESE WHEREAS, Louis G. Reese has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: see attached - - Tract B r g r 1!"1" -- ORDINANCE NO. CONT' D. . be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE _. DAY Of ditiffling 19S_6 . 411111111111111111/10) Mayor ATTEST: Carolyn Jones, City Secretary ,570 v . TRACT B Being all that certain tract or parcel of land situated Southwest of the Town of Wylie, County of Collin and State of Texas, a part of the R. D. Newman Survey, Abstract No. 660 and including 32.3 acres and 5 acres conveyed to Glenn Day in Release recorded in Volume 1091, Page 874 of the Collin County Deed Records and being further described as follows: is Commencing at a nail for corner in the West Line of said Newman Survey and the centerline of Bailey Road, the Northwest corner of a 2.00 acre tract of land conveyed to Jerry L. Smith and wife by deed recorded in Volume 724, Page 776, Collin County Deed Records; Thence North 0 Degrees 20 Minutes 45 Seconds West with the centerline of said Bailey Road the the West Line of Said Newman Survey a distance of 1102.58 feet to a nail at Point of Beginning, said Point of Beginning at the intersection of an East West County Road; Thence North 3 degrees 35 Minutes West a distance of 20.27 feet to an iron pin for corner, the Southwest corner of a 2.00 acre tract of land, sold out of said 32.3 acre tract; Thence South 89 Degrees 19 Minutes 30 Seconds East with the South Line of said 2 acres, a distance of 251.28 feet to an iron pin for corner; Thence North 0 Degrees 11 Minutes West with the East Line of said 2 acres a distance of 451.92 feet to an iron pin for corner; Thence North 50 Degrees 22 Minutes 15 Seconds East a distance of 473.17 feet to an iron pin for corner; Thence North 50 degrees 13 Minutes East a distance of 150.81 feet to a fence post for corner; Thence North 39 Degrees 41 Minutes West a distance of 417.28 feet to fence post for corner; Thence North 50 Degrees 25 Minutes East with the Southeast line of State Highway No. 78 a distance of 728.65 feet to an iron pin for corner; Thence South 39 Degrees 43 Minutes 30 Seconds East a distance of 417.42 feet to an iron pin for corner, the Southeast corner of said 5 acres; Thence North 50 Degrees 24 Minutes East a distance of 425.27 feet to an iron pin for corner, the Northeast corner of said 32.3 acre tract; Thence Southerly with an established fence for the East Line of said 32.3 acres the following: South 1 Degree 23 Minutes West a distance of 55.6 feet to a fence post; South 0 Degrees 51 Minutes East a distance of 569.88 feet to a fence post; South 1 Degrees 40 Minutes East a distance of 115. 15 feet to a fence post; South 0 Degrees 35 Minutes 40 Seconds West at 860.39 feet passing a fence post continuing in all a distance of 881.39 feet to a nail for corner in the center of a dirt road; Thence South 89 Degrees 57 Minutes 15 Seconds West with the center of said road a distance of 371.56 feet to a point for corner; Thence North 89 Degrees 31 Minutes 06 Seconds West with the center of said road a distance of 772.84 feet to a point for corner; Thence North 89 Degrees 30 Minutes 19 Seconds West with the center of said road a distance of 476.38 feet to the point of beginning and containing 37.415 acres of land. 1 �� /" e p -c.a.. 'jtS • i•, xi . Lc 1.• • •a.YwYAR / 1985 .. COS AC j ‘ 191 r1i �5i• 31 7-N. '15 C y '18 17 18 I 1"/4 0- / /Ai.\ k-- Q....••. • 32 I : " �...�z GEORGE LEWIS INC. A-438 •AL •ErY•a• AL KITTNER ` 44 AC • i 29.51 AC i sf AC "*.....•. GEORGE LEWIS INC.\ 98.034 AC AL KITTNER GEORGE LEWIS INC. • 04 85.197 AC 55 AC \ Ate• g 00. // ./izi ,,,...... 1«saa ooloiae �: . . f�I 40 c....._....., . I { 19 22 DAVID M. SHEARER DAVID GLENN DAY••• . 117 AC 80.951 AC WYLIE ISO COLLIN COUNTY 23 l Ac DALLAS COUNTY 11 f ACMOE CITY 11101if A.OEOAAt LLw•AK./I AC [/. •IOAAI• M. •ATTEAfOM 1 AC IC MANN M. DAY G. MINKrMA00•AC S3. JAMES D. ARO[AA ON SS. IA: EMTl MAIf[• MC. AOiIRT J •IWlM OAS AC ET• .wr, •.•O•MT J.AOOEAf 10. •tA Al•ARA0O / AC 30. DOYSLE EAOLE LY•AICAAT• INC.7 AC i•.AL SOT•ER.TRUSTEE 1•A1-•00 0.0013 AC 'I.LION ROOMOOY S AC SA.O.C.• S.S. AAILADAD CO. •.•l AC •T O.C.A f.• ••••••AO•.►•AC ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE R. D. NEWMAN SURVEY, ABSTRACT NO. 660 , UPON PETTION OF LOUIS G. REESE WHEREAS, LOAD gsg$€ has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: see attached - - Tract C 1 ORDINANCE NO. CONT'D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said) City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from 'and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE ilint DAY Of_ .._.____, 198 6 . dOMMONOMME4m. Mayor ATTEST: Carolyn Jones, City Secretary • TRACT C • oEi;u ,I1 that certain tract or parcel of land situated about 2.5 miles SouclT.rest'of the City of Wylie, County of Collin and State of Texas, a part of the R. p. Newnan Survey, Abstract No. 660, and being the 5.983 acre tract of land conveyed to George Lander by deed recorded in Volume 1438, Page 426, Collin County Deed Records and being further, described as follows; ocGINNING at an iron pin set for corner, the Northwest corner of said 5.983 Ktes and the Northeast corner of 7.67 acres conveyed to B. B. Nelson by deed recorded in Volume 547, Page 20, Collin County Deed Records, at the intersection of the West Line of said Newman Survey with the Southeast Line of state Highway 78; pna CE North 50 degrees 20 minutes East.with said .Southeast Line a distance of 452.11 feet to an iron pin for corner; • 111E1\:E South 39 degrees 36 minutes East a distance of 417.78 feet to an iron plr for corner; . • INETCE South 50 degrees 22 minutes 15 seconds West a distance of 797.65 feet to an iron pin for corner in the West Line of said R. D. 'Newman Survey; 11010E North with said West Line a distance of 542.08 feet to the place of beginning and containing 5.990 'acres of land. • • • • • • • • • • • • ' t rO '.t.1.•i C. I - `Q,O orEN n. t.r1NrAN - i198S IJ♦I AC I91 /lc Is • A'a 31 :'—'1. ':5 (`..y 16 17 18 I • G. /...� .\ Je. r . 1 • " .32 .✓L ) •GEORGE LEWIS INC. • 26 Al MillenAL KITTNER • ` 44 AC A-438 / AAA AC — 29.61 AC • \ GEORGE LEWIS INC. k AL KITTNER6.034 AC 29 E A 85.197 AC GEORGE 5 AC IS INC.NC • r4"2g I % i 3 ewe i 4 **4 A. . • •WO , GLENN DAY L _y' 32.30 AC ( Al 25 - 1 - ` ,' TRACT C - • I 19 22 20 DAVID ` DAVID M. SHEARER GLENN DAY 117 AC • 80.951 AC WYLIE ISD COLLIN COUNTY 23 , AC DALLAS COUNTY — i ACNEE CITY UNIT• l I I.pEOwpE LINO INC.II AC !1. A+Oiili N. ►ATTE ii OM I AC !i. O M. DAY !,KM KIMONO*/AC 1i. JAIAES D. ANOEAEON 1!.IMT IOEi INC. i_S.IIOiE11i 11100li1 iM AC !7• „H,, S. NO/CRT J.ROGERS 10. O I AC 30. DOUILE EAGLE WMICANTSAl.s INC.1 AC 1E.ARTN U ER.TRUSTEE E1-300 0.0013 AC hi* , . II.LEON 010115O06:E AC ii.O.S. A S.F. SAILSOA0 CO. 6.61 AC 31. O.C.♦ i.? SAILAOAO 11.1E IC .• irr•me •Orr i rt ORDINANCE NO. _. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE H. J. HARVEY SURVEY, ABSTRACT NO. 438 , UPON PETTION OF ___LQiw_G,1ana_._____ WHEREAS, Louig G. Reese has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of rand hereinafter described, which said tract of land less than three (3> qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL' OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: see attached - - Tract D ORDINANCE NO. CONT'D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. • PASSED AND APPROVED THIS THE •oiTii. DAY Of 411 !l_ _ 'ise_ 199 6 . Mayor fi ATTEST: Carolyn Jones, City Secretary 1 TRACT D F all that certain tract or parcel of land situated about 2.7 miles west fran the City of Wylie, County of Collin and State of Texas, a pat ef.J. Hardin Survey, Abstract No. 438 and being the 7.67 acre tract of conveyed to B.B. Nelson by deed recorded in Volume 547, Page 201, Collie aunty •Records and being further described as follows; • minning at an iron pin for corner, the Northeast corner of said 7.67 acre tract of land and the Northwest corner of a 5.983 acre tract of land conveyed :cords, Lander by deed recorded in Volume 1438, Page 426, Collin County Deed pecords, at the intersection of the East line of said Hardin Survey with the Southeast Line of State Highway No. 78; Thence South with the East Line of said H.J. Hardin Survey and a chain link wee with the East Line a distance of 542.08 feet to an iron pin for corner; Thence South 0.degrees 01 minute .East with said East Line a distance of 242.00 feet to an iron pin for corner; Thence South 3 degrees 35 minutes East a distance of 20.27 feet to a nail for corner in the center of a County Road; thence Westerly with the center of said County Road the following; North 85 Degrees 30 Minutes West a distance of 317.37 feet to a nail; worth 82 Degrees 26 Minutes West a distance of 116•.13 feet to a nail; • North 73 degrees 09 Minutes 30 Seconds West a distance of 375.14 feet to a nail at the intersection with the Southeast Line of State Highway No. 78; thence North 50 Degrees 17 Minutes East with the said Southeast Line at 22.0 • tett passing an iron pin in all a distance of 1025.94 feet to the place of beginning and containing 7.680 acres of land of which 0.383 acres are included in said County Road leaving a net acreage of 7.297. acres of land. • • • • • • { 1 I 11 :. 'JO " ,— \ X i ji O -0.1A/ C :,"1 ; `��OP oru[.rIMTAII - 198$ 4.118 AC C )9r /C 5*-�10 31 :5 N. 18 17 eon. i G� 9 O / /...� \ \ / r r 1 32 ✓L �~ • ) A-438 28A� IcrtTrafl AL KITTNER GEORGE LEWIS INC. LDS AC — . 29.51 AC �• 44 AC af �•• GEORGE LEWIS INC. AL KITTNER 98.034 AC GEORGE • �d d� 29 s AC 85.197 AC 55 LA IS INC. • C 28 3 s se \ A, j ,. t. 1 gnomes 0: _ r`: + �: GLENN DAY > I 32.30 AC - <.25 _ 1 _ . - . TRACT D - • , l_ 22 20 19 DAVID M. SHEARER DAVID GLENN DAY • 117 AC 80.951 AC • 23 s Ac WYLIE iS0 COLLIN COUNTY ` DALLAS COUNTY OACM{E CITY LIMIT{ 2.{EOAIOE L[T.A WC.AI AC 21, NORRIS N. PATTERSON 1 AC ft.OLEMM W. DAY A,DEN A.va ADO a AC ff.LAME/ D. AMDEIIl ON ft.NIT 1{E/INC. b f7• . . II O-/.wO{EI T J.NOCIEM/JM AC „mg. S. RODENT J.ROGER{ .O. oo a AC 30.DOU/LA AAOLE LUBRICANTS INC.a AC LI.AL EfTTIE .TRUSTEE I/01-3000.0013 AC ...LION NO{INBOM A AC SB•{.C.A S.P. RAILROAD CO. CS, AC IV S.C.a SP RAILROAD S.711 AC • .....wr.............- ___•.-. ....:... ..... • . • A ^ PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: Now comes Louis G. Reese, Inc. 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: As per the attached survey, legal descriptions and zoning exhibit drawings. • fo/ • :l -J.. 14..` r ;J. aJ ,S ilTh • I F z PETITION FOR ZONING CONT' D. PAGE 2 Said Louis G. Reese, Inc. represents that he and all other owners desire the zoning to be changed from _ a,.griculture to B-2,B-1,R,MF,SF-3,SF-2 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 /0 day of January , 198_ 5 _ Si gnatL - Louis G. Reese III s Please Print Name i i I 5949 Sherry Lane Suite 1900 Street address or Box No. Dallas, 75225 City Texas Zip 214 - 739 - 0202 Tel ephone 4 •A • • it Sy' • THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared Louis G. Reese III , 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 i r Ier my hand and seal of office this the J0'C' day o"f __ y: , 198 S_. 3/-1/8? No ary Public, Collin County, Texas 4-1 I ` LOON 6A6t ID. .. K • TRON JO �� 'I lit 'ALLER J��,J• •N ,4 . ., n) s.�n 6 .e l�r, it DT/168A% A....C. ( /L •�� I ' a v nI ...,ors ro. a,n. w ' HOMER [ MINYA110 j I _. s r..e ac �',w ° ,SS AG 4 1.,`----- r / t , • , ry 1 i ),/;l' EARL S.JOHNSON �� 4 ', ET., AL fir / -KNITTEII 1+. i ..EN bra - '.�x �♦ - / it, A:)t.._)j ii-2:1'-' IP ,.. • . _ ---- 44, L • a� at 1.1 w tN•. / vwr 111 EARL 8 JOHN; KIT TNER z., AC \,............_,.....„..er -OIL a - _-- ,.16 or i 2 39 674 AC � I e i ■. CITY ( _............... V —� �AV IO M SHEARER ... 'O n AC \ rr7O AC AN ORDINANCE approving and authorizing the execution of a Personal Property Finance Contract pertaining to the acquisition of personal property; providing for the payment of such Contract by levying a continuing direct annual ad valorem tax for the payment of payments thereunder and the delivery of a Note in evidence thereof; pledging certain funds , revenues and taxes to the payment of the contract obligation; approving a Limited Offering Memorandum; repealing a prior ordi- nance; resolving other matters incident and related to the payment of such Contract; and declaring an emergency. WHEREAS, the City Council of the City of Wylie, Texas (the "City") has determined that it is necessary to provide for the use, acquisition and purchase of certain personal property for use in its operations; and WHEREAS, to facilitate the acquisition of such property, the City Council has determined that it is desirable to enter into a Personal Property Finance Contract relating to the ac- quisition of such property (the "Contract" ) ; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings ; Execution and Delivery of Contract . It is hereby found and determined that : (a) all of the property to be acquired under the Contract is personal property, and during the term of the Contract is to remain personal property; (b) the Contract, including its form as a personal property finance contract, and the terms and conditions thereof are deemed to be appropriate by this governing body; (c) the Contract shall be made payable from revenues , funds, and taxes , as permitted by Section 4 (a) of the Public Property Finance, Act, Article 2368a.2 V.A.T.C. S. (the "Act" ) ; (d) the property to be acquired pursuant to the Contract will not be used in the trade or business of any per- son other than the City and none of the principal or interest on the Contract will be paid, directly or indirectly, by pay- ments from any person other than the City; (e) the City is a governmental unit with general taxing powers and the Contract will enable the City to finance operations of or facilities for the City (i .e. personal proper- ty required by the City) and the aggregate face amount of all governmental purpose obligations the interest on which is ex- empt from federal income tax issued by or on behalf of the City in 1986 will not exceed $5,000,000; and (f) the Contract is a Qualified Tax-Exempt Obligation for purposes of the disallowance rule with respect to interest expense of financial institutions . The execution and delivery of the Contract by the Mayor Pro Tem (the office of Mayor currently being vacant) , substan- tially in the form attached hereto as Exhibit "A" , to facili- tate the use, acquisition and purchase of the personal property described in Exhibit A to the Contract, all as authorized pur- suant to the Act, is hereby authorized. The Mayor Pro Tem, City Secretary, City Manager, and Director of Finance, any one of the foregoing officials or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the delivery of the Contract, the approval of the Attorney General and registration by the Comptroller of Public Accounts . The City Manager and the Director of Finance, either or both, are authorized to take such action as may be necessary to qualify the interest on the Contract as interest which is excludable from the gross income of the recipient thereof under the Internal Revenue Code. Specifically, without limitation, the City Manager and Director of Finance are delegated the power , acting on behalf of the City, to make representations and to make covenants to bind the City regarding the use and ownership of the property to be acquired, the use of the proceeds ad- vanced to the City pursuant to the Contract, the investment of any funds resulting from or pledged to the payment of the Contract and the yield on the Contract; insofar as such repre- sentations and covenants are required by law in order for the interest on the Contract to be excludable from the gross income of the recipient thereof under the Internal Revenue Code. SECTION 2 : Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Contract being ( i) the interest on the Contract and (ii) a sinking fund for pay- ment of the principal on the Contract as specified on Exhibit B to the Contract or a sinking fund of 2% (whichever amount is the greater) , there is hereby levied, and there shall be annu- ally assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hun- dred dollars ' valuation of taxable property in the City for the -2- V I Debt Service Requirements of the Contract shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Contract until paid; full allowance being made for delinquen- cies and costs of collection; the taxes levied, assessed, and collected for and on account of the Contract shall be accounted for separate and apart from all other funds of the City and shall be deposited in the "Special 1986 Personal Property Finance Contract Fund" (the "Interest and Sinking Fund" ) to be maintained at an official depository of the City' s funds; and such tax hereby levied, and to be assessed and collected annu- ally, is hereby pledged to the payment of the said Debt Service Requirements . Proper officers of the City are hereby authorized and directed to cause to be transferred to Virginia C. Head, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Contract as the same accrues or comes due; such transfers of funds to be made in such manner as will cause collected funds to be deposited with Virginia C. Head on or before each principal and interest payment date for the Contract . Provided, however, in regard to the installment of in- terest and principal to become due on the Contract on February 15 , 1987, sufficient current funds , including earnings and income to be realized from the investment of proceeds of the Contract pending their expenditure for authorized purposes, will be available and are hereby appropriated to pay such in- terest and principal payment ; and proper officials of the City are hereby authorized and directed to transfer and deposit in the Interest and Sinking Fund such current funds (including earnings and income realized from the investment of the pro- ceeds of the Contract) which will be sufficient to pay the amount due on February 15, 1987 . SECTION 3 : Limited Offering Memorandum. The Limited Offering Memorandum (the "Memorandum") attached hereto as Exhibit "B" is approved and the execution of the Memorandum by the Mayor Pro Tem and City Secretary, substantially in the form attached hereto as Exhibit "B" is authorized. The use by First Southwest Company of the Memorandum in a limited offering of the Contract is approved. SECTION 4 : Repeal of Prior Ordinance. That certain ordinance adopted by the City Council on October 14 , 1986 , approving a personal property finance contract is in all things repealed and this ordinance is adopted as an alternative there- to and is intended to be effective in all things as if the prior ordinance had never been acted upon. -3- I SECTION 5 : Public Meeting . It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by ARticle 6252-17 , Vernon' s Texas Civil Statutes, as amended. SECTION 6: Emergency. That the public importance of this measure and the fact that the acquisition of the personal property pursuant to the Contract herein authorized are urgently needed and should be acquired at the earliest possible date to preserve the health and safety of the City and its citizens constitutes and creates an emergency relating to the immediate preservation of the public peace, health and safety of the City and its citizens, requiring that any Charter provision that all ordinances and the descriptive caption thereof shall be read at two regular Council meetings be suspended and requiring that this ordinance be passed and take effect as an emergency measure, and such rule is accordingly suspended and this ordinance is passed as an emergency measure and shall take effect and be in full force from and after its passage. PASSED AND ADOPTED, this November 11 , 1986 . CITY OF WYLIE, TEXAS Joe Fulgham, Mayor Pro Tem ATTEST: City Secretary (City Seal) 4 PERSONAL PROPERTY FINANCE CONTRACT between VIRGINIA C. HEAD and THE CITY OF WYLIE, TEXAS Dated as of October 1, 1986 w , Table of Contents Page Preamble 1 ARTICLE I DEFINITIONS AND EXHIBITS Section 1 . 1 Definitions 1 Section 1. 2 Exhibits 3 ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES Section 2 . 1 Representations, Covenants and Warranties of the City 4 Section 2 . 2 Representations, Covenants and Warranties of the Purchaser 5 ARTICLE III CONTRACT FOR USE, ACQUISITION, OR PURCHASE OF PROPERTY Section 3 . 1 Contract for Use, Acquisition, or Purchase of Property 6 ARTICLE IV TERM OF CONTRACT Section 4 . 1 Contract Term 6 Section 4 . 2 Termination of Contract 6 ARTICLE V CONTRACT PAYMENTS Section 5 . 1 Contract Payments 6 Section 5 .2 Payment Obligation Unconditional 6 Section 5 .3 Nature of Payments 6 ARTICLE VI INSURANCE AND INDEMNIFICATION Section 6 . 1 Liability Insurance 7 Section 6 . 2 Property Insurance 7 Section 6 .3 Requirements For All Insurance 7 7D ARTICLE VII OTHER OBLIGATIONS OF THE CITY Section 7 . 1 Use; Permits 8 ARTICLE VIII TITLE Section 8 . 1 Title; Ownership in the City 8 Section 8 . 2 Personal Property 8 ARTICLE IX PROPERTY WARRANTIES Section 9 . 1 Selection of Property 8 Section 9 .2 Installation and Maintenance of Property 8 Section 9 .3 Disclaimer of Warranties 9 ARTICLE X COMPLIANCE WITH CODE; INTEREST TO BE AND REMAIN TAX-EXEMPT Section 10 . 1 Special Covenants 9 ARTICLE XI ASSIGNMENTS Section 11 . 1 Assignment and Leasing by the City Prohibited 11 ARTICLE XII EVENTS OF DEFAULT AND REMEDIES Section 12 . 1 Events of Default Defined 11 Section 12 . 2 Remedies on Default 12 Section 12 . 3 No Remedy Exclusive; 12 Section 12 . 4 Agreement to Pay Attorney' s Fees and Expenses 12 ARTICLE XIII ADMINISTRATIVE PROVISIONS Section 13 . 1 Notices 13 Section 13 . 2 Financial Information 13 Section 13 . 3 Binding Effect 13 Section 13 .4 Severability 13 Section 13 . 5 Amendments, Changes and Modifications 13 Section 13 . 6 Captions 14 Section 13 . 7 Time of Essence 14 Section 13 .8 Execution in Counterparts 14 / 1 Section 13 . 9 No Usury 14 Section 13 . 10 Applicable Law 14 Section 13 . 11 Consent to Jurisdiction; Waiver of Immunities 14 Section 13 . 12 Entire Agreement 15 Signature Page 15 ************ EXHIBIT A Property EXHIBIT B Schedule of Payments EXHIBIT C Certificate of Acceptance EXHIBIT D The City' s Certificate of Representation and Incumbency EXHIBIT E Ordinance of the City Authorizing the Execution of the Contract EXHIBIT F Form of Contract Supplement PERSONAL PROPERTY FINANCE CONTRACT THIS PERSONAL PROPERTY FINANCE CONTRACT dated as of October 1, 1986 (this "Contract" ) , between Virginia C. Head (the "Purchaser") , a resident of the State of Texas, and the CITY OF WYLIE, TEXAS (the "City") , a political subdivision of the State of Texas; WITNESSET H: WHEREAS, the City is authorized by the Public Property Finance Act, Tex. Rev . Civ. Stat . Ann. art . 2368a . 2 (Vernon' s Supp. 1986) (the "Act" ) to execute, perform and make payments under contracts with any person for use, acquisition, or pur- chase of any property (as defined in the Act) ; NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the mutual covenants herein contained, the parties hereto recite and agree as follows : ARTICLE I DEFINITIONS AND EXHIBITS Section 1. 1 Definitions . Unless the context other- wise requires, the terms defined in this Section shall , for all purposes of this Contract, have the meanings herein specified. "Additional Payment" means all amounts other than Payments payable by the City under this Contract . "Certificate of Acceptance" means a certificate of a Responsible Officer of the City, stating that all of the Property described therein has been acquired and accepted by the City, substantially in the form of Exhibit C of this Contract. In the event the City acquires Property in install- ments, a Certificate of Acceptance shall be executed with re- spect to each installment of Property. "City" means the political subdivision of the State identified as the City in the first paragraph of this Contract . "Closing Date" means the date upon which this Contract is delivered by the Purchaser and the City and moneys are ad- vanced by the Purchaser to the City pursuant to Section 3 . 1 of this Contract . "Code" means the Internal Revenue Code. "Collateral" means the Property wherever located and includes any modifications to, substitutions for or additions thereto. "Contract" means this Personal Property Finance Contract, including all Exhibits, each Contract Supplement and all amendments or supplements thereto. "Contract Supplement" means a document in substantially the form attached hereto as Exhibit F, which, upon the execu- tion and delivery thereof , shall constitute a part of this Contract to the same extent as if the provisions thereof were set forth in full in this Contract . The terms "Contract" , "hereof" , "herein" and "hereunder" , as used in this Contract and a Contract Supplement , shall mean and refer to this Contract and a Contract Supplement . "Fiscal Year" means the twelve-month fiscal period of the City. "Indebtedness" means amounts due to the Purchaser under this Contract, whether principal, interest, or otherwise . "Independent Counsel" means an attorney duly admitted to practice law before the highest court of any state who is not a full-time employee, director or officer of the Purchaser or the City. "Net Proceeds" means any insurance proceeds paid with respect to the Property, remaining after payment therefrom of all expenses incurred in the collection thereof . "Payments" means the amounts payable by the City to the Purchaser on each Payment Date as described on Exhibit B at- tached to this Contract which includes principal installment payments in the amount specified on Exhibit B and the amount of interest due thereon at the interest rate or rates , and in the amounts, specified on Exhibit B. "Permitted Encumbrances" means and includes : (a) The lien of this Contract . (b) Mechanic ' s, materialmen' s, workmen' s, vendor ' s, or other undetermined liens and charges incident to acquisition, installation or mainte- nance provided that the same shall be discharged in the ordinary course of business . (c) The lien of taxes and assessments which are not delinquent . -2- w (d) The lien of taxes and assessments which are delinquent but the amount or validity of which is being contested in good faith. "Property" means the personal property described on the attached Exhibit A which is to be acquired by the City in ac- cordance with the terms of law and this Contract . "Purchaser" means the individual identified as the Purchaser in the first paragraph of this Contract . "Responsible Officer" means an officer or other person designated by official action of the governing body of the Purchaser or the City, as the case may be, to act in the capa- city of Responsible Officer for the designating party. "Specifications" means the bid specifications and/or purchase order pursuant to which the City has ordered the Property. "State" means the State of Texas . "State and Federal Law" or "Laws" means the Constitution and any law of the State and any rule or regulation of any agency or political subdivision of the State; and any law of the United States , and any rule or regulation of any federal agency. "Term" or "Term of this Contract" means in respect to this Contract , that period specified in Section 4 . 1 hereof . Section 1 . 2 Exhibits . The following Exhibits are attached to and by reference made a part of this Contract : Exhibit A: A description of the Property to be acquired by the City, including the serial number, if any, and invoice price thereof when available. Exhibit B: A schedule showing the dates on which Payments are due and the amounts thereof and each Payment Date. Exhibit C: A form of Certificate of Acceptance of the City indicating that the item or items of Property described therein has or have been deliv- ered and has or have been accepted by the City and that certain other requirements have been met by the City. Exhibit D: A form of Certificate of Representations and Incumbency of the City relating to certain authorized representatives of the City -3- R 1 and the authority, the offices or positions, signa- tures and qualifications of the persons executing on behalf of the City this Contract and other docu- ments relating thereto . Exhibit E: The ordinance of the City authoriz- ing execution of this Contract, as described in Section 2 . 1(b) hereof. Exhibit F: The form of Contract Supplement . ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES Section 2 . 1 Representations , Covenants and Warranties of the City. The City represents , covenants and warrants as follows : (a) The City is a political subdivision of the State authorized under the Constitution and laws of the State to enter into this Contract and the transactions contemplated hereby, and to perform all of its obligations hereunder . (b) The officer of the City executing this Contract has been duly authorized to execute and deliver this Contract by appropriate action of the governing body of the City, evidence of such action is attached hereto as Exhibit E, and the City has taken all action and complied with all applicable procedures necessary to insure enforceability of this Contract . (c) The City will not pledge, mortgage or assign this Contract, or its duties and obligations hereunder, to any other person, firm or corporation except as provided under the terms of this Contract . (d) The final budget for each Fiscal Year during the Term of this Contract shall set aside and appropriate an amount sufficient to pay the obligations of the City hereunder . (e) Upon delivery and acceptance of each item of the Property, the City will provide to the Purchaser a completed and executed copy of the Certificate of Acceptance attached hereto as Exhibit C. -4- (f) Unless exempt by law, the City will comply with and satisfy all competitive bidding require- ments with respect to the acquisition and purchase of each item of Property. (g) To provide for the Payments, the City has levied a tax on all taxable property within the boundaries of the City, within the limitations prescribed by law, at a rate from year to year as will be ample and sufficient together with other funds and revenues available for the purpose to provide funds each year to pay the Payments, full allowance being made for delinquencies and costs of collection, and such tax together with other funds and revenues available for the purpose have been pledged to the payment of the Payments as the same shall become due and payable under this Contract, all as provided in the ordinance authorizing the execution of this Contract . (h) The duties of the officials of the City to do and perform the actions mentioned in paragraphs (d) and (g) of this section are ministerial duties, and that the tax levied and to be annually assessed and collected may not exceed the amount of tax permitted by applicable law. Notwithstanding any other provision of this Contract, the parties hereto recognize that para- graphs (d) , (g) , and (h) of this section prevail over any other provision of this document. Section 2 . 2 Representations , Covenants and Warranties of the Purchaser . The Purchaser represents, covenants and war- rants as follows : (a) The Purchaser is possessed of full power and authority to enter into this Contract. (b) Neither the execution and delivery of this Contract, nor the fulfillment of or compliance with the terms and conditions hereof , nor the consumma- tion of the transactions contemplated hereby, con- flicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Purchaser is now a party or by which the Purchaser is bound, constitutes a default under any of the foregoing . -5- 77 ARTICLE III CONTRACT FOR USE, ACQUISITION, OR PURCHASE OF PROPERTY Section 3 . 1 Contract for Use, Acquisition, or Purchase of Property. The Purchaser, for and in consideration of the Payments, and the covenants and agreements hereinafter contained, and by these presents, advances the principal amount specified on Exhibit B hereto, to the City for the purpose of acquiring the Property and the City accepts such principal amount and agrees to use such principal amount to acquire the Property and to make the Payments in the amounts, and bearing interest at the rates, specified on Exhibit B hereto . ARTICLE IV TERM OF CONTRACT Section 4 . 1 Contract Term. The term of this Contract shall commence on the Closing Date and expire on the later of the final payment date shown on Exhibit B or the date all Indebtedness is paid; provided this Contract may be terminated prior to such expiration date as provided in Section 4 . 2 hereof . Section 4 . 2 Termination of Contract . The Term of this Contract will terminate prior to the expiration thereof upon the occurrence of a default by the City and the Purchaser ' s election to terminate this Contract pursuant to Article XII . ARTICLE V CONTRACT PAYMENTS Section 5 . 1 Contract Payments . As provided in Section 3 . 1 and this Article, the City agrees to pay Payments (including principal payments and interest on the unpaid prin- cipal) for the Term of this Contract . Payments shall be due in the amounts shown on Exhibit B attached hereto and shall be payable to the Purchaser at the Purchaser ' s address set forth opposite the Purchaser ' s signature on this Contract on or be- fore the Payment Date during the Term of this Contract . Section 5 . 2 Payment Obligation Unconditional . The obligation of the City to pay Payments pursuant to this Contract is absolute and unconditional and is not subject to offset or abatement for any reason whatsoever . Section 5 . 3 Nature of Payments . The aggregate of the Payments due over the Term of this Contract is represented and acknowledged by the City to be debt of the City incurred by the City in the exercise of its borrowing power and due and proper -6- !/, provision for the payment of such debt has been duly made by the levy of an ad valorem tax upon all taxable property in the City, within the limitations prescribed by law. ARTICLE VI INSURANCE AND INDEMNIFICATION Section 6 . 1 Liability Insurance. Upon receipt and acceptance of the Property, (to the extent that such risk is not barred by the Texas Tort Claim Act) the City shall obtain insurance, or shall self-insure, in an amount sufficient to assure that any liability for injuries to or death of any per- son or damage to or loss of property arising out of or in any way relating to the condition or the operation of the Property or any part thereof is covered. Section 6 . 2 Property Insurance. In a manner consis- tent with State law, upon receipt of possession of the Property, the City shall have and assume the risk of loss with respect thereto. The City shall obtain and maintain continu- ously in effect during the Term of this Contract, including any extensions, from whatever source legally available (including self-insurance) , all-risk insurance (including flood and earth- quake coverage, if applicable) . If any such policy is obtained or caused to be obtained from a private insurer , then such coverage is subject only to the standard exclusions contained in the policy, in such amount as will be at least sufficient so that a claim may be made for the full replacement cost or any part thereof damaged or destroyed. Such insurance may be pro- vided by a rider to an existing policy or under a separate policy. Such insurance may be written with customary deducti- ble amounts . The Net Proceeds of insurance required by this Section shall be applied to the prompt repair, restoration or replacement of the Property, unless the City elects not to repair, restore or replace the Property in which case the Net Proceeds will be applied to the Payments due hereunder in in- verse order of due date. If the City elects to have the pro- ceeds applied to the repair, restoration and replacement of Property, then any Net Proceeds in excess of the costs of the repair, restoration or replacement shall be applied as a credit to the Payments due hereunder in inverse order of due date. Any remaining Net Proceeds shall be applied to amounts due the Purchaser, thereafter to the City. Section 6 . 3 Requirements For All Insurance . All insurance policies including all applicable riders, addenda, clauses or otherwise, required by this Article shall be ob- tained from and maintained with responsible insurance companies qualified to do business in the State; and shall contain a provision that the insurer shall not cancel or revise coverage thereunder without giving written notice to the insured parties -7- at least ten ( 10) days before the cancellation or revision becomes effective. All insurance policies, riders, addenda, clauses or letters of coverage required by Section 6 . 1 and 6 . 2 shall name the City, as insured party. ARTICLE VII OTHER OBLIGATIONS OF THE CITY Section 7 . 1 Use; Permits . The City shall exercise due care in the installation, use, operation and maintenance of the Property. The City shall comply with all State and Federal laws applicable to the installation, use, possession and opera- tion of the Property, and if compliance with any such State and Federal law requires changes or additions to be made to the Property, such changes or additions shall be made by the City at its expense. ARTICLE VIII TITLE Section 8 . 1 Title; Ownership in the City. During the Term of this Contract, title to and ownership of the Property and any and all repairs, replacements, substitutions and modi- fications of the Property shall be in the City. Section 8 . 2 Personal Property. The Property is and shall at all times be and remain personal property. The Property or any part thereof may not be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building thereon or attached in any manner that will cause the same to be considered a part of the realty under State law. ARTICLE IX PROPERTY WARRANTIES Section 9 . 1 Selection of Property. The Property has been selected by the City, and the Purchaser has not had and shall have no responsibility in connection with the selection of the Property or its suitability for the use intended by the City. Section 9 .2 Installation and Maintenance of Property. The Purchaser shall have no obligation to install, erect , test, inspect, service or maintain the Property under any circum- stances, and any such obligation or obligations provided under the terms of the purchase and sale thereof, shall be assumed by the City. -8- Section 9 . 3 Disclaimer of Warranties . INSOFAR AS THE PURCHASER IS CONCERNED, THE PROPERTY IS DELIVERED AS IS, AND THE PURCHASER MAKES NO WARRANTY OR REPRESENTATION, EITHER EX- PRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANT- ABILITY, FITNESS OR USEFULNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF THE PROPERTY, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY. NO BREACH OF WARRANTY SHALL AFFECT THE OBLIGATION OF THE CITY TO REMIT THE PAYMENTS PRESCRIBED HEREUNDER. THIS DISCLAIMER IS GIVEN BY THE PURCHASER ONLY AND IS NOT INTENDED, NOR SHALL IT BE CONSTRUED, TO AMEND, MODIFY OR OTHERWISE AFFECT THE GUA➢ANTEES AND WARRANTIES, IF ANY, PROVIDED BY THE MANUFAC- TURER, WHOLESALE DISTRIBUTOR, OR ANY OTHER PARTY WITH RESPECT TO THE PROPERTY. ARTICLE X COMPLIANCE WITH CODE; INTEREST TO BE AND REMAIN TAX-EXEMPT Section 10 . 1 Special Covenants . It is the intent of the parties to this Contract that the interest on this Contract be and remain excludable from the gross income of the recipient thereof under Sections 103 and 141 through 150 of the Internal Revenue Code of 1986 . The City agrees to take all action ne- cessary and reasonably within its control to comply with such sections of such Code and covenants , without limiting the gen- eral covenant of compliance herein, specifically as follows : (1) None of the proceeds of the Contract will be used (directly or indirectly) in any trade or business carried on by any person other than the City; (2) The City will be the owner of the Property and no person other than the City will have actual or beneficial use of the Property pursuant to a lease, a management or incentive payment contract or any other arrangement such as a take-or-pay or other output-type contract; (3) None of the payments of principal or in- terest on the Contract are to be made (directly or indirectly, and whether or not to the City) with respect to a trade or business use of the Contract proceeds , or are otherwise secured by payments or property used in a trade or business of a person other than the City; (4) The principal of and interest on the Contract are payable from revenues collected from the tax levied by the Ordinance, a form of which is -9- attached hereto as Exhibit E, and such tax is a generally applicable tax levied and to be assessed and collected against all taxable property within the City as described in the Ordinance; (5) The Ordinance authorizes and directs the City Manager and Director of Finance to make repre- sentations and covenants to bind the City which are required by law in order for the interest on the Contract to be excludable from the gross income of the recipient thereof under the Internal Revenue Code of 1986 and the City will comply with such representations and covenants and will not take any subsequent intentional actions after the Closing Date to earn arbitrage; (6) The City will not issue, and will not authorize the issuance by any other governmental unit subordinate to it under applicable State or local law of, more than $5, 000,000 in governmental bonds (or any other evidence of indebtedness in- curred pursuant to the borrowing power of the City) during 1986, the calendar year during which the Closing Date will occur; and (7) No assignment or reassignment of any of the Purchaser ' s right, title or interest in this Contract or the Property shall be effective unless and until the City shall have received a duplicate original counterpart of the document by which the assignment or reassignment is made, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Contract, it shall thereafter be sufficient that a copy of the agency agreement shall have been depos- ited with the City until the City shall have been advised that such agency agreement is no longer in effect . During the Contract term the City shall keep a complete and accurate record of all such assignments in form necessary to comply with the "bond registration requirements" of the Internal Revenue Code of 1986 (as formerly codified in Section 103(j ) of the Internal Revenue Code of 1954 , and as amended by such 1986 Code) , and the regulations, proposed or existing, from time to time promulgated thereunder. -10- ARTICLE XI ASSIGNMENTS Section 11 . 1 Assignment and Leasing by the City Prohibited. Neither this Contract nor the City' s interest in the Property may be assigned or leased by the City. ARTICLE XII EVENTS OF DEFAULT AND REMEDIES Section 12 . 1 Events of Default Defined. The following "events of default" under this Contract and the terms "events of default" and "default" shall mean, whenever they are used in this Contract, any one or more of the following events : (i) Failure by the City to pay any Payment on or before its due date. (ii) Failure by the City to pay any Additional Payment at the time specified herein or failure by the City to observe and perform any covenant , condition or agreement on its part to be observed or performed and in any such case (other than as referred to in Clause (i) of this Section) , the continuation of said failure for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied has been given by the Purchaser to the City, unless the Purchaser shall agree in writing to an extension of such time prior to its expiration. (iii) Any representation or warranty herein by the City shall prove to have been inaccu- rate in any material respect when made. (iv) The filing by the City of a voluntary petition in bankruptcy, or failure by the City promptly to lift any execution, gar- nishment or attachment of such consequence as would impair the ability of the City to carry on its governmental or proprietary function, or adjudication of the City as a bankrupt, or assignment by the City for the benefit of creditors, or the entry by the City into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition -11- applicable to the City in any proceedings instituted under the provisions of the Federal Bankruptcy Code, as amended, or under any similar acts which may hereafter be enacted. Section 12 .2 Remedies on Default . Whenever any event of default referred to in Section 12. 1 hereof shall have hap- pened and be continuing, the Purchaser shall have the right, at its option and without any further demand or notice, to take one or any combination of the following remedial steps : (i) By written notice to the City, declare an amount equal to the unpaid principal amount together with interest thereon at the rate specified therefor to the payment date specified in this Clause to be imme- diately due and payable on the third busi- ness day after the taxes levied by the next annual tax levy of the City become delinquent, whereupon such amount shall become due and payable on such date; (ii) As a supplement to or as an alternative to the foregoing remedy, the Purchaser may institute a mandamus action to require the City to comply with the covenants made by the City herein, the satisfaction of the remedies herein provided, and the ordi- nance which is attached as Exhibit E . Section 12 . 3 No Remedy Exclusive. No remedy conferred upon or reserved to the Purchaser by this Article is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract . No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereby but any such right and power may be exercised from time to time and as often as may be deemed expedient by the Purchaser or its assignee. Section 12 . 4 Agreement to Pay Attorney' s Fees and Expenses . In the event the Purchaser or the City should de- fault under any of the provisions hereof and the nondefaulting party should employ attorneys and/or incur other expenses for the collection of moneys or for the enforcement of performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable expenses so incurred by the nondefaulting par- ty. Any payments required to be made by the City pursuant to -12- S 1 this Section shall be due and payable on the third business day after the taxes levied by the next annual tax levy of the City become delinquent . ARTICLE XIII ADMINISTRATIVE PROVISIONS Section 13 . 1 Notices. All notices, certificates, legal opinions or other communications hereunder shall be suf- ficiently given if given in writing by (a) personal delivery, or (b) expedited delivery servi^.e with proof of delivery, or (c) United States mail, certified or registered form, postage fully prepaid, return receipt requested, or (d) prepaid tele- gram or telex (provided that such telegram or telex is con- firmed by expedited delivery service or by mail in the manner previously described) , sent to the addresses set forth opposite the signatures on the signature page of this Contract; provided that the Purchaser or the City by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions or other communications will be sent . All notices , certificates , legal opinions or other com- munications given in accordance herewith shall be deemed to have been given at the time of personal delivery, or, in the case of expedited delivery service or mail , as of the date of first attempted delivery at the address and in the manner pro- vided herein, or, in the case of telegram or telex, upon receipt . Section 13 . 2 Financial Information. During the Term of this Contract , the City annually will provide the Purchaser with current financial statements, budgets, proof of compliance with the covenant with respect to the appropriation and budget- ing for the ensuing Fiscal Year and such other financial infor- mation relating to the ability of the City to continue this Contract as may reasonably be requested by the Purchaser or its assignee. Section 13 .3 Binding Effect. This Contract shall inure to the benefit of and shall be binding upon the Purchaser and the City and their respective successors and assigns . Section 13 . 4 Severability. In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invali- date or render unenforceable any other provision hereof . Section 13 . 5 Amendments, Changes and Modifications . This Contract may be amended by agreement between the Purchaser and the City only as provided in this Section. This Contract may not be changed or terminated orally or in any manner other than by agreement in writing and signed by the party against whom enforcement of the change or termination is sought . -13- A 1 Section 13 . 6 Captions . The captions or headings in this Contract are for convenience only and in no way define, limit or describe the scope or intent of any provision, Article, Section or Clause of this Contract . Section 13 . 7 Time of Essence. Time is of the essence of this Contract . Section 13 .8 Execution in Counterparts. This Contract may be simultaneously executed in several counterparts , each of which shall be an original and all of which shall constitute but one and the same instrument . Section 13 . 9 No Usury. Any provisions contained here- in to the contrary notwithstanding, the Purchaser shall not be entitled to receive or collect, nor shall the City be obligated to pay, interest on any amounts owing to the Purchaser pursuant to this Contract in excess of the maximum rate of interest permitted by applicable law, and if any provision herein shall ever be construed or held to permit the collection or to re- quire the payment of any amount of interest in excess of that permitted by applicable law, the provisions of this Section 13 . 9 shall control and shall override any contrary or inconsis- tent provision herein. The intention of the parties being to conform strictly to the usury limitations under applicable law, this Contract shall be held subject to reduction to the amount allowed under said applicable law as now or hereafter construed by the courts having jurisdiction. The term "applicable law" as used in this section shall mean the law of the State of Texas or the law of the United States , whichever law allows the greater rate of interest, as such laws now exist or may be changed or amended or come into effect in the future . Section 13 . 10 Applicable Law. This Contract shall be governed by and construed in accordance with the laws of the State. Section 13 . 11 Consent to Jurisdiction; Waiver of Immunities . (a) In any action or proceeding arising out of or relating to this Contract, the City hereby irre- vocably submits to the jurisdiction of any state or federal court sitting in the county of the State in which county the Purchaser resides, and the City hereby irrevocably agrees that all claims in re- spect of such action or proceeding may be heard and determined in such Texas State or Federal court . The City hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of such ac- tion or proceeding . -14- (b) Nothing contained in subsection 13 . 12 (a) above shall affect the right of the Purchaser to bring any action or proceeding against the City in the courts of any other jurisdictions . (c) To the extent that the City has or hereaf- ter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its proper- ty, the City hereby irrevocably waives such immun- - ty in respect of its obligation under this Contract . Section 13 . 12 Entire Agreement. This Contract sets forth the entire agreement between the parties and cancels all prior negotiations, arrangements, brochures , agreements, and understandings, if any, between the Purchaser and the City regarding the subject matter of this Contract . IN WITNESS WHEREOF, the Purchaser has executed this Contract; and the City has caused this Contract to be executed in its name by its duly authorized officer, as of the date first above written. VIRGINIA C. HEAD Address : CITY OF WYLIE, TEXAS Address : City of Wylie 108 South Jackson Wylie, Texas 75098 By Mayor Pro Tem, City of Wylie, Texas • 2 2 8 4 E -15- EXHIBIT A PROPERTY The Property which is the subject of the attached Personal Property Finance Contract is as follows : Invoice Quantity Description Price 1 Used 1983 Type 2 Ford Super Van Econoline 250 $21,250 1 Used 1981 Type 1 Ford Modular F-350 $21, 250 1 New 1986 Type 1 Modular Ambulance $69 , 500 1 New 1986 Fire Department Rescue Suburban $13 , 000 Costs of Financing $10 , 000 EXHIBIT B SCHEDULE OF PAYMENTS Total Principal Amount Advanced: $135,000. Interest on the unpaid principal amount accrues (based on a 360-day year of twelve 30-day months) from the Closing Date. The Closing Date is Due Principal Interest Interest Total Date Amount Due Rate Amount Due Amount Due 2/15/87 $ 25, 000 . 00 7. 00% $ * $ 8/15/87 $3, 850.00 $ 3 , 850 .00 2/15/88 $ 25 , 000 . 00 7. 00% $3 , 850. 00 $28, 850 .00 8/15/88 $2 ,975 .00 $ 2 , 975.00 2/15/89 $ 25 , 000 . 00 7 .00% $2 , 975. 00 $27, 975 .00 8/15/89 $2 , 100 .00 $ 2 , 100. 00 2/15/90 $ 30 , 000 . 00 7. 00% $2 , 100 . 00 $32 , 100 . 00 8/15/90 $1, 050 .00 $ 1, 050 .00 2/15/91 $ 30 , 000 . 00 7 . 00% $1 , 050 . 00 $31, 050 .00 TOTAL $135 , 000 . 00 $ * $ *Subject to calculation. The amount of interest due on the first Due Date will be calculated at the rates shown above on the principal amount shown above from the Closing Date to the first Due Date shown above. This amount and the Total Amount Due are to be completed by a Responsible Officer of the City as authorized by the Ordinance authorizing this Contract . 1 EXHIBIT C CERTIFICATE OF ACCEPTANCE I, the undersigned, hereby certify that I am the duly qualified and acting of the City of Wylie, Texas ("the City") with respect to the Personal Property Finance Contract dated as of September 1, 1986 (the "Contract" ) , by and between the City and Virginia C. Head ("the Purchaser") , and that : 1 . The Property described on Attachment I hereto is Property described in the Contract (the "Property") and has been delivered and has been accepted by the City. 2 . The City is exempt from all personal property taxes, and is exempt from sales and/or use taxes with respect to the Property and the Payments . 3 . All public bidding requirements, if applicable, have been satisfies with respect to the Property described on Attachment I, and there is no litigation, action, suit or pro- ceeding pending or before any court, administrative agency, arbitrator or governmental body, known to the undersigned after reasonable inquiry, that challenges the authority of the City or its officers or employees to enter into the Contract; the proper authorization, approval and execution of the Contract and other documents contemplated thereby; the levy of taxes and the appropriation of revenues and funds available for the pur- pose, or the pledge of such taxes, revenues or funds to the payment of the Payments , or any other action taken by the City to provide moneys sufficient to make Payments coming due under the Contract; the ability of the City otherwise to perform its obligations under the Contract and the transactions contem- plated thereby; or the acquisition of or bidding procedures with respect to, the Property described on Attachment I . Dated: , 19 By: Its To be executed by a Responsible Office, as de- fined in the Contract t 9� EXHIBIT D THE CITY'S CERTIFICATE OF REPRESENTATION AND INCUMBENCY I, the undersigned, being duly sworn hereby certify and state that I am the duly qualified and acting Mayor Pro Tem of the City of Wylie, Texas ( "the City") ; and, with respect to the Personal Property Finance Contract dated as of October 1, 1986 ("Contract" ) , by and between the City and Virginia C. Head ( "the Purchaser" ) , I further certify, as follows: 1. That the total principal amount of indebtedness of the City, including the proposed $135, 000 PERSONAL PROPERTY FINANCE CONTRACT, dated as of October 1, 1986, payable from ad valorem taxes levied and collected by the City is as follows : OUTSTANDING INDEBTEDNESS $1, 890, 000 PERSONAL PROPERTY FINANCE CONTRACT $ 135, 000 TOTAL INDEBTEDNESS $2 , 025, 000 2 . That a debt service requirement schedule for the City' s above described outstanding indebtedness as well as the proposed $135 , 000 PERSONAL PROPERTY FINANCE CONTRACT, dated as of October 1, 1986, is attached hereto as Exhibit A and made a part of this certificate for all purposes . 3 . That said City is incorporated under the General Laws of the State of Texas, and is operating under the Home Rule Amendment to the Texas Constitution, Section 5, Article XI , as amended in 1912 ; the City Charter was adopted at an election held in said City for that purpose on the 19th day of January, 1985, and has not been amended in any respect since that date. 4 . That the assessed value of all taxable property (net of exemptions) in the City, as shown by the tax rolls for the year 1986, and which have been duly approved and are the latest official assessment of taxable property in the City is as follows: TOTAL ASSESSED TAXABLE VALUES OF REAL AND PERSONAL PROPERTY $207, 187, 845 5 . That the office of Mayor and positions number 3 and 4 on the City Council are currently vacant due to resigna- tions of the persons elected to such offices . That I am well 9/ acquainted with the persons listed below and with their signa- tures; that said persons hold the respective offices or posi- tions set forth opposite their signatures below; that the sig- natures below written are true and correct signatures of said persons; and that as of the date of execution of the Contract or other documents relating thereto by any of said persons, such persons were duly qualified and acting as the officers or position holders indicated below and duly authorized to execute the same: Name Office or Position Signature Carolyn Jones City Secretary Gus Pappas City Manager James Johnson Director of Finance Executed this the 14th day of October, 1986 . CITY OF WYLIE, TEXAS By: Mayor Pro Tem, City of Wylie, Texas EXHIBIT E (The ordinance of the City authorizing the execution of the Contract) 9� EXHIBIT F (The form of Contract Supplement) • I LIMITED OFFERING MEMORANDUM $135,000 City of Wylie,Texas General Obligation Equipment Note,Series 1986 The purpose of this Limited Offering Memorandum of the City of Wylie, Texas (the "City") is to furnish information with respect to the Personal Property Finance Contract, Series 1986 (the "Contract"), as approved and authorized by the City pursuant to an ordinance dated , 1986, (the "Ordinance"). The Ordinance approved and authorized the execution of the Contract and made the following findings: "(a) all of the property to be acquired under the Contract is personal property, and during the term of the Contract is to remain personal property; (b) the Contract, including its form as a personal property finance contract, and the terms and conditions thereof are deemed to be appropriate by this governing body; (c) the Contract shall be made payable from revenues, funds and taxes,as permitted by Section 4(a)of the Public Property Finance Act, Article 2368a.2 V.A.T.C.S.(the'Act'); (d) the property to be acquired pursuant to the Contract will not be used in the trade or business of any person other than the City and none of the principal or interest on the Contract will be paid, directly or indirectly, by payments from any person other than the City; (e) the City is a governmental unit with general taxing powers and the Contract will enable the City to finance operations of or facilities for the City(i.e. personal property required by the City) and the aggregate face amount of all governmental purpose obligations the interest on which is exempt from federal income tax issued by or on behalf of the City in 1986 will not exceed $5,000,000;and (f) the Contract is a Qualified Tax-Exempt Obligation for purposes of the disallowance rule with respect to interest expense of financial institutions." The Ordinance further provides for the levy of a tax and the pledge of certain funds to the payment of the contract obligation as follows: "To provide for the payment of the 'Debt Service Requirements' of the Contract being (i) the interest on the Contract and (ii) a sinking fund for payment of the principal on the Contract as specified on Exhibit B to the Contract or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annually assessed and collected in due time, form and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hundred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Contract shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Contract until paid; full allowance being made for delinquencies and costs of collection; the taxes levied, assessed and collected for and on account of the Contract shall be accounted for separate and apart from all other funds of the City and shall be deposited in the "Special 1986 Personal Property Finance Contract Fund" (the"Interest and Sinking Fund") to be maintained at an official depository of the City's funds; and such tax hereby levied, and to be assessed and collected annually, is hereby pledged to the payment of the said Debt Service Requirements." • �a" The Contract will be dated as of the closing date and will expire upon the date of final payment as shown below. interest on the Contract will be payable semiannually on each February 15 and August 15, commencing February 15, 1987. Principal and interest are payable to the Purchaser by the City in accordance with the following schedule: Due Principal Interest Interest Total Date Amount Due Rate Amount Due Amount Due 2/15/87 $ 25,000.00 7.00% 8/15/87 $ 3,850.00 3,850.00 2/15/88 $ 25,000.00 - 7.00% $ 3,850.00 $28,850.00 8/15/88 $ 2,973.00 $ 2,973.00 2/15/89 $ 25,000.00 7.00% $ 2,975.00 $27,975.00 8/15/89 $ 2,100.00 $ 2,100.00 2/15/90 $ 30,000.00 7.00% $ 2,100.00 $32,100.00 8/15/90 $ 1,050.00 $ 1,050.00 2/15/91 $ 30,000.00 7.00% $ 1,050.00 $31,050.00 Total $135,000.00 $ * $ * * Subject to calculation. The amount of interest due on the first Due Date will be calculated at the rates shown above on the principal amount shown above from the Closing Date to the first Due Date shown above. This amount and the total amount due are to be completed by a responsible officer of the City as authorized by the Ordinance. The property to be acquired by the City with the proceeds of the Contract will be owned and used solely by the City. Insofar as the Purchaser is concerned, the property is delivered as is, and the Purchaser makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability, fitness or usefulness for any particular purpose or fitness for the use contemplated by the City of the property, or any other representation or warranty with respect to the property. No breach of warranty shall affect the obligation of the City to remit the payments prescribed hereunder. This disclaimer is given by the Purchaser only and is not intended, nor shall it be construed to amend, modify or otherwise affect the guarantees and warranties, if any, provided by the manufacturer, wholesale distributor, or any other party with respect to the property. Attached hereto and incorporated herein is information regarding the City and its finances in the form of a recent Official Statement (Official Statement dated July 29, 1986, pertaining to $1,800,000 City of Wylie,Texas General Obligation Bonds, Series 1986). The Purchaser will receive at closing the approving opinion or certificate of the Attorney General of the State of Texas and the then current approving opinion of Fulbright do Jaworski, Bond Counsel, approving the Contract as to legality and expressing said firm's opinion either that the interest thereon is exempt from Federal income taxes under existing laws, rules and regulations, except to the extent held by a substantial user,or that an Event of Taxability has occurred. This Limited Offering Memorandum does not constitute an offer to sell the Contract in any jurisdiction to any person to whom it is unlawful to make such offer in such jurisdictin. No dealer, salesman, or any other person has been authorized to give any information or make any representation, other than those contained herein, in connection with the offering of the Contract, and if given or made, such information or representation must not be relied upon. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Limited Offering Memorandum nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change since the date hereof. Joe Fulgham Mayor Pro Tern ATTEST: Carolyn Jones City Secretary Dated: , 1986 • • y�o REQUEST TO BE PLACED ON AGENDA Date For next Council Agenda jodamlex. H /2/ I , request that the following item be placed on the City Council Agenda. Consider : e 14,to CAL Ai --- 1 AI/L� Xe-iaS S Atz 6=1 %z, v- 11; // /9f Reason Tor request: hia-e-es --- 246e&5---c .7-r in 7 /c/It e_ _( /ezi-pe --)1/7-leil--Alcej Thank you, 4 ;' .L4' / Signature - - -- ,55.6212 46?:.:41-A6 ' Street -g; 7srii City, Texas Zip Code 2� _7 Phone Number- P , MEMORANDUM DATE: November 5, 1986 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P. E. , City Engineer SUBJECT: Steel Steel Ground Storage Site Chain Link Fence The attached summary provides the basic information from the three bids received for the Steel Ground Storage Site Chain Link Fence advertised Bids were received in the City Secretary 's office until 1 :00 p. m. and opened at 2: 00 P. m. on Monday, November 3, 1986' After reviewing the bids for the 355 feet as per the specifications prepared and received by the bidders, it is the Engineering Department 's recommendation that the construction be awarded to the Liberty Fence Company in the lump sum of $4,277. 00. - ' . BID SUMMARY LUMP SUM AVERAGE COST BIDDER BID AMOUNT PER LINEAR FOOT Mario 's Fence Co. 4002 Hartford Dr. $4,990.00 $14.(}5 Garland , Tx . 75043 278-49�5 Liberty Fence Co. 2109 Peachtree $4°277. 00 $12. 05 Balch Springs, Tx . 75180 285-4350 J&J Fencing Co. 400 Jester Lane $7,632. 50 $21 . 49 Whitewright Tx . 75491 (214) 364-5671 Lump Sum Bid divided by 355. 1 feet. / / --NN Page No. N. taroposal LIBERTY FENCE COMPANYof Pages itNCE INDUS, Quality Material Installed With The Finest Workmanship r t�a� l� �;,j l H Phone: 285-4350 * 2109 Peachtree ✓A--,y/' '` ' 'A\eb Balch Springs, Texas 75180 PHONE: DATE: PROPOSAL SUBMITTED TO: 442-2236 10-31-86 NAME: JOB NAME' CITY OF WYLIE , Texas CITY OF @WYLIE STREET: -;TREET• P.O. BOX 428 STEEL GROUND STORAGE SITE CITY: STATE: CITY: STATE WYLIE TEXAS TYPE OF FENCE: DATE SET: DATE COMPLE TE(%: SIX FT. CHAIN LINK FENCE W/6 STRANDS OF BARB WIRE _, We hereby submit specifications and estimates for: 155' OF SIX FT. CHAIN LINK FENCE WITH :SIX STRANDS OF BARB WIRE , ONE WALK GATE & ONE FIFTEEN FT. D.D. GATE. PER PLANS & SPECIFICATIONS. 355 L.F. 9.50 PER FT. 3,372.50 __ l— THREE VT_ WALK (:ATE WTTH TW1 A" 1(lST _160 (10 1-15' D-.D- GATE WITH POST 565.00 We hereby propose to furnish labor and materials — complete in accordance with the above specifications. fo, the sun of: 4,277.50 r dollars(S 1 with payment to be made as follows: r All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs,will be ex ted only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents • der. s beyond our control Owner to cagy fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Comp-• , don •surance. We,LI:E NC , not responsible for any underground water lines,sprinkler systems,swimming pool lines or utilities line- ,.t ar: not pre-marked d ed by er. Authorized Signature I - if NOTE:This proposal may be withdrawn Sus if not accepted within days. Acceptance of Proposal The above prices specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date Signature / FREE ESTIMATES Ir MARIO'S FENCE CO. 4002 HARTFORD DRIVE GOTHIC TOP CEDAR --. :: GARLAND, TEXAS 75043 PHONE: 278-4935 t'jti; 7yf•-::&.. CHAIN UNK. COMMERCIAL-I NIA STRIAL GARBAGE RACKS - DOG HOUSES - CLOTHESLINE POLES ESTIMATE SHEET NAME C / f Y OP w y DATE /6 ;2 7- /, ADDRESS p. o. A Y 4'a r PHONE CITY (1) y /l E 7XA'S - CASH 0 TERMS O EXPLAIN TERMS PRICE $ cr4;9 'e-E> TAX C/�Q CLOTHESLINE POLE TOTAL "`[�/ 6 b D HAIN LINK REPAIR// ONLY `OD TOTAL HEIGHT (D TOTAL FEET Y D° TOTAL HEIGHT TOTAL FEET STRAND BARBED WIRE GAUGE 9 SIZE BOARD IZE POST WALK GATE /, 'r D. D. GATE / SIZE FRAMEWORK TERMINAL POST 2. LINE POST Va WALK GATE Y. D. GATE t LL b ST O V 5 rd ,O S�S SKETCH 7h /7-6 4 STd t9 5r 4,1 1- 57-d 141" -° 61"113- 9 /" ACCEPTED BY REP. 2'2'2 aA'C AL-OCT84 /� I lir Dear City Secretary, J & J Fencing Co. submits a bid of 21.50 per foot including all gates. This is a total bid of $7632.50. An examination of the enclosed drawing will show that our design meets or exceeds your requirements. Thanks, Jason L. Summers J & J Fencing Co. 400 Jester Ln. Whitewright,Texas 75491 214/424-2942 214/364-5671 Jason 1. Summers /, 44)6 TEsrLR ZN ��. ' 1, :�, 71 CENrE a g�PI � / 3/' ooao� 7 3 C F� TERS i � 5, `� 4 ► . 4 `� . �, s► ti'5 i V 1\ M tv k CI • Oo .. • ��1 •ems - X- Li POST-1 - .Z 3l ScN AO vrPE s q' r- 0 - POLL POSTS - 4 ''' seli 40 PIPE ) r 1 1 i b , IP 0 - CO R uEe poSrS -4"ScH 40 PIPE I •5;. �'40t "l-4444sIsoi •>< BRACES— I s�"scat qb P1P6 TOP RAIL Ocotber 27, 1986 Mr. James Johnson, Finance Director I would like to request that the pickup for the Parks Department, that was put into the budget, be put on the bid list. In Your ServiceKenneth Moelling Acting Director of Public Works /0//� .14 9J'e l� CITY OP' WYLIE tY . 114 N. BALLARD ST. — P.O. BOX 428 • WYLIE, TEXAS 75098 (214)442-2236 dQ) c c.ra'FCC' 2 /9 DATE Mr. Gus Pappas City Manager City Hall Wylie, Texas 75098 Attention: Barbara Le Cocci, Administrative Assistant RE: LiaeArY Gkdtic 4575TA7-ccs ( F-&/) Dear Mr. Pappas: The material attached is approved by the Engineering Department merit as being complete and acceptable for placement or, the next appropriate agenda. 5q Preliminary plat to Planning and Zoning ta Preliminary plat to City Council El Final plat to Planning and Zoning Final plat to City Council aConstruction plans to City Council for construction approval only 0 Final plat to City Council for subdivision acceptance along with final inspection statement Sincerely, w . I. W. Santry, Jr. , P. E. • City Engineer IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File MEMORANDUM DATE: October 29, 1986 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P. E. SUBJECT: Drainage Easement Attached please find four (4) copies o+ the drainage easement from Rustic Oaks Garden Apartments Joint Venture (Rustic Oaks - IV) for the drainage line from the Westgate Addiditon which has been installed. The City Council needs to accept this easement. Recommendation of acceptance of the Storm Drain will be brought to the Council at a later date. ��0 .a.i diM` 1,1':1:::41\AUlrr ti.ai 1AaA.:iii.ii.iLai.i,iBiYLi.iir,Yitu`vANu.a;:,Jasrr.d...r.a..dr •-• 1- PitTHE STATE OF TEXAS, :_y KNOW ALL MEN BY THESE PRESENTS: 1~' :c COUNTY OF COLLIN ;.4 y THAT �+� • D. Raley , as managing partner of and on behalf ,:.: of Rustic Oaks Garden Apartments Joint Venture , in consideration of the sum of .J one dollar ($1 .00) (Grantor) and other good and valuable consideration '- .' �-. in hand paid by the Ci ty of Wylie, Texas (Grantee)receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the Ci ty of Wylie, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following ; .,; described property, a 20 foot wide strip of land '" Col 1 i n Count Texas in the owned by said Grantor , Situated in y, Survey, Abstract No. fl20, being generally depicted S . B. Shelby ,, ,-:f `4 ,2- and more particularly described by metes and bounds as follows as an amen e `1 easement : See attached Exhibits A & B a: a: :•i j :f i ,- a a: 3 ^ � s. Ai e :A a i •tea u:. ro" J.a .',i 1 J1 i� 4 .-`A And it is further agreed that the said Grantor _ ' ;�� in consideration of the benefits above set out, will remove from the property above described, such Fences, i; Z: -; .19 buildings and other obstructions as may now be found upon said property. 'roct ✓`: fa^4 S1.~' '"h. For the purpose of constructing, operating and maintaining drainage • in, along, upon and ►: ; facilities 1‘.141.1 across said premises, with the right and privilege et all times of the grantee herein, his or its agents, tiil 4 .:: Fr: employees, workmen and representatives having ingress, egress, and regress in, along upon and across said ). .. ( ': premises for the purpose of making additions to, improvements on and repairs to the said fact 1 i ties and = ;: ;ter any part thereof. .`A TO HAVE AND TO HOLD unto the said City o f Wylie, Texas as aforesaid for �- Jc; / i.; the purposes aforesaid the premises above described. ..:1 ,jz)l-Ild; 6e/h Witness my nd , 7this the h , AD,M %.\`' / ri Rus tic Oaks �rden Apartments Joint Ventu C4_. `��- t' (Grantor)' A) 7 _ � EXHIBIT A DRAINAGE EASEMENT DESCRIPTION • BEING a strip of land 20 feet wide situated in the S.U. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, lexas , being part of a tract of land conveyed by deed to Rustic Oaks Garden Apartments , Joint Venture as recorded in Volume 2157 , Page 397, Deed Records of Collin County, Texas and being more particularly described as follows : BEGINNING at a 3/8 inch iron rod found for the Southwest corner of Rustic Oaks Phase Three, an addition to the City of Wylie, Collin County, Texas as recorded in Cabinet D , Page 12, Map Records of Collin County, Texas ; THENCE South 89° 53' 50" East along the south line of said addition a distance of 371.54 feet to the southwest corner of Rustic Oaks Phase Two, an addition to the City of Wylie, Collin County, Texas as recorded in Cabinet 0, Page 199 Map Records of Collin County, Texas ; THENCE South 19° 44' 37" West a distance of 21 . 24 feet to a point for corner; THENCE North 89° 53' 50" West a distance of 364 . 92 feet to a point for corner; THENCE North 01° 34' 30" East a distance of 20 . 01 feet to the POINT OF BEGINNING and containing0 . 1691 acres or 7 , 365 square feet of land. • 1 i SCALE: 111= 100'EXHIBIT B b to O N • Z . F O .. Q A Q • l t• ti, / / �. Proposed • e 4 G °a Wesloolo Add/rlon 'o • .s• _` �e o H OG!` `(1 *. 0 0° 6 m 11 • W "' <6\' Ruslle Got Phase Th4 ';, ^ CI OG h�i Rustle 0aks Phone Two Cob. D, Pp.12 CO . Cab.0, Pp. 199 /.. 4Point of M.R.Gc.T. /.. M.R.C.GT Beginning Eor 14 LOT 1 �,�. 5'Drain.Esml..541 -- N.01° 341 30"E. 0.1691 Acs.• or 7, 365 S.F. S.19° 441 37"W. 20.011 • N 89°53150" W 36 4.921 21.24' \l af• \5.01° 34' 30'W. 29.08' Eap/e Investments Vol.P056, Pp.429 Rustle oa*o Gorden AO17, J.l! o i C.C.T. Vol.215T,Po.397 O.R.c.c.r. I DRAINAGE EASEMENT A 20 Foot Strip of Land ISITUATED IN THE I S. B. Shelby Survey, Abstract No. 820 i a City of Wylie, Coffin County, Texas r 1 1 1 A z IA ioe 1 Lichliter/Jameson&Associates. Inc. llal ACCEPTED FOR THE CITY OF WYLIE THIS the day of Iy CITY OF WYLIE JC,e Ful gum , Maycr Fro-1 em ATTESTED: Carolyn Jones , City Secretary� Date rJio dC • C CORPORATION (DATE • "'T"'""' IDP4AL OCTOBER 31, 1986 NAl11TML Orr = -...j... ,.. P. O. Box 15580 3345 FORT WORTH, TEXAS 76119 Local 478-1137 Metro 572-0351 21T1 3F OLIE 14 A. 3ALARD '.3. BOX 426 .U5T166 +'1LIE, TX 75)98 PLEASE DETACH AND RETURN WITH YOUR REMITTANCE. NET 10 DAYS S DESCRIPTION RE: ,,;TY OF alYLlE MuldIf I,r,l _:,M;d)c C64oV90:1 RU 1: SEE SPREAD SLEET: 'DTA. A CUNT DUE ur,ciw I:: 97,561.44 NET DRYS. THANKLAST YO . ������ EU • 1 7444*OldIN THIS OLUMN, COR } ' ADNAL CUSTOMER COPY—` /7/ u APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT 07U2 TO (OWNER): L11 i OF WILlE PROJECT:CIf t Uf• IdiLIE tU 1L1F;;L LUMF'LE1 APPLICATION NO: E1 Distribution to: 1,i 1. BALLARD 0 OWNER ,.ILIE, TEXAS 750-; PERIOD TO: 10/31/116 0 ARCHITECT 0 CONTRACTOR F ROM (CONTRACTOR): SPEED 1 ,r Li: l,u6P VIA(ARCHITECT): :_Ef S1Ut1';i ASU!.lii!ES ARCHITECTS 0 1150 E. ..., II.: t',.,, i .:,. IX 15580 PROJECT NO: 460903 0 FORT a(:; ,,', ;E:;.:1F; ii511; CONTRACT FOR: ,.i1, 11U11ICIPAL CL, :_c• CONTRACT DATE: 9105r'E6 Application is made for Payment, as shown below, in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,134,838.00$ 0 • previous months by Owner Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders 0.01,734,830.0 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 0 TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ 108,401.60 Approved this Month 5. RETAINAGE: Number Date Approved a.1(i. % of Completed Work $ 10180.16 b. % of Stored Material $ Total Retainage(Line 5a + 5b or \ TOTALS Total in Column 1 $ 10,840.16 \ 6. TOTAL EARNED LESS RETAINAGE $ 97,561.44 Net change by Change Orders (Line 4 less Line 5 Total) The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 0.0097.561.0 paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE 4 issued and payments received from the Owner, and that current payment shown 9. BALANCE TO FINISH, PLUS RETAINAGE $ 1,631,276.56 herein is now due. (Line 3 less Line 6) EED FAR CRETE !..; i :U1:, L State of: Te-le/S County of: Tf''e�Pe•f/T CONTRACTOR: Subscribed and s orn to before me this �^f Qt day of £Ct • ,19Ff�(, NotaryPublic: 1 I- _, • �� '� Date: A° ^ /-d' My Commission expires: g _- Hy , , AMOUNT CERTIFIED $ ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation if : aunt ce =• •iffers from the amount-applied for.) ARCHITECT: In accordance with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to the Owner that to the11 _ _ —.yid .ate: 01 ‘2d Nirallio.1 �� best of the Architect's knowledge, information and belief the Work has progressed as This C•rtificat of negotiable. The •UNT CERTIFIED is payable only to the indicated, the quality of the Work is in accordance with the Contract Documents, and Contractor named herein. Issuance, payment and acceptance of payment are without the Contractor is entitled to payment of the AMOUNT CERTIFIED. prejudice to any rights of the Owner or Contractor under this Contract. A CONTINUATION SHEET PAGE OF PAGE LIi: T'�R[':11rtad? P,7ii?6 APPLICATION AND CERTIFICATE FOR PAYMENT, containing T;IT or tr'iL1E I APPLICATION NUMBER: illCONTRACTOR'S signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: t16U9U3 Use Column I on Contracts where variable retainage for line items may apply. WORK COMPLETED ' ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE VALUE Previous This MATERIALS STORED TO DATE % TO FINISH I NoA B C Applications Application F G(D+E+F) H(C-G) .,:, 24.60 8,784.60 157. 49,779.40 TE! EER'VICES 4,500.00 0.00 0.00 0.00 07 4,500.00 r,A+1'"E C 1 DRAWINGS 6,050.00 0.00 ,�J i",.0u 6,050.00 100?. 0.00 ',0' oi0iWINUS 15,`,''O.OO 0.00 ,�:'.v.i;,, 6,200.00 40'!'. 9,300.00 E:: , s1tinF 1,i.00.00 0.I.':, i,000.0U 1,000.00 100,. iJ.O0 F. .�11U'1 WORK 10 ,545.00 0.00 0,00 0.00 0% 101,545.00 '1E0..' 25,2-15.00 i.00 0.'.)t; 0.00 C/ 25,245.00 IIII,'�T'E WORK _�.,,, Zfi.U( ri0'. 0.00 0i. 333,423.00 � 0 1 i + 1 r;;j.;�ij 0.il', 0.00 0.O0 04 1,200.00 -,r F i F,tlii � 210,163.OU T WORK. , ,.00 It.v, 0.00 0% �1U,13b .UO t ;r": SIGN 14 0OI..00 0.OU ';.0'J 0.00 0% 14,000.00 Rr:1t S� + �lJ, i1j �„� �ti1:IT k�;LL TREATMENT % .VlI 0.00 0.00 0.00 0% 8,575.00 0.00 0% 82,198.00 15i�iilRDEk/DECK 82,148.vO 0.i1U O.)0 � • ' OF ROOF S5,488.00 0.Ou 0.O0 0.00 0% 85,488.00 B� L''R1g1.ER SYSTEM 39,060.00 0.00 00 0.00 Ox 39,060.00 33 612.0j 0.00 0.0( 0.00 OA 33,612.00 GLASS i;ODRS-WINDOWS r - 0.00 0.00 OX 4,918.00 0 10E IhROUGH WINDOW 4,918.00 0.00 1,:TEF IU?+WOOD DOORS :6,804.00 0.00 :.00 0.00 ur 36,804.00 143 244.00 0.00 0.00 0.00 07. 143,244.00 �'.t ,i;;.t & CEILING +Ei` O.00 35,660.00 r i'05 11078.00 U.U. 0.00 0.00 0% 11,998.00 L,:,c.'_ TEs 4,220.)0 0.000.00 0.00 0% 4,220.00 78,732.00 0.00 0.00 0.00 0% /0,792.00 Et.cL1F:1LAl 5`r,334.00 0.0 0.70 0.00 0% 39,334.00 A-, EATING 9O,000.00 0.0t 0.00 0.00 Ox 90,000.00 Fi+u FOLE 7,751.00 0.00 0.00 0.00 0I 7,751.00 J;;1L E{UIPMENT 63,530.00 O.UO OM 0.00 07. 63,530.00 TO 11 591.00 0.00 0.00 r0.00 01. 11,591.00 uJE T ACCESSORIES + LE4 UP 5 100.00 0.00 0.0a U.0u 07 5,100.00 ' 600.00 �" 29,400.00 :;U' ER1'ITENDENT ;0,000.00 0.00 6t�'O.0U SUB TOTAL OR TOTAL CONTINUATION SHEET PAGE OF PACES APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: CONTRACTOR'S signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: Use Column I on Contracts where variable retainage for line items may apply. _ WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE VALUE Previous This MATERIALS STORED TO DATE TO FINISH I NAo B C Appliccations Application F C(D+E+F) % H(C—G) MAC 1g 327,U) O.i)i) 19,321.). 19,327.00 1007 U.UU FEi FIi' ��AN,.E B�NU r- 6b 4 u.J0 0.00 :i;,1140.Qr 66,440.00 100% 0.00 l`:'E'd,Nt.l E , N SUB TOTAL OR TOTAL i,?;Y,i L. 1• !!' :', 4:'•� lU8}4:11.6v 1,S2.b, :o.4+I APPLICATION AND CERTIFICATE FOR PAYMENT M:i. .JrJn.rl; I.,;d. PROJECT:C.! ? 41,1i. ;:.,:.,;;I: ,Ar...E1 APPLICATION NO: t: Distribution to: TO(OWNER): "•'-,� 0 OWNER .. .. o„:... 0 ARCHITECT PERIOD TO: •'J%-;� 1; ,i� %���,. 0 CONTRACTOR FROM(CONTRACTOR): .���1. ^, .r.: .r" VIA(ARCHITECT): ...a c.J„F.: t•4� r:��;j•c, ARCHITECT'S 0 -• PROJECT NO: 66v'%-3 0 :a1S CONTRACT FOR: ;,:1: ;ice,:Ii.Ii'i� C;.:: CONTRACT DATE: %,J6...c Application is made for Payment, as shown below, in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAYMENT 1. ORIGINAL CONTRACT SUM $ :,7;4,338.!w CHANGE ORDER SUMMARY S �•�'' Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ ,, `;), ..0 . TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ ::d;+:.1.o': Approved this Month 5. RETAINAGE: Number Date Approved a.t.r___% of Completed Work $ i2"'• b. _—_% of Stored Material $ Total Retainage(Line 5a + 5b or TOTALS Total in Column 1 $ 1),54��.i • S '�%,5o;•ya Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE The undersigned Contractor certifies that to the best of the Contractor's knowledge, .(Line 4 less Line 5 Total) information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR ).vJ completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ �t•Jx!•44 paid by the Contractor for Work for which previous Certificates for Payment were B. CURRENT PAYMENT DUE S issued and payments received from the Owner, and that current payment shown 9. BALANCE TO FINISH, PLUS RETAINAGE $ 1,637,2%•56 herein is now due. (Line 3 less Line 6) CONTRACTOR: ''EE;, "6 ;.RETL 'Ll+'•' t:Ii•l 1`: .`.. State of: 7e-/I`' County of: 7/14e9C'r By: 14"4444/Cer.41111 Subscribed and s orn to before me this j i at day of Set • ,19�(r Notary Public: • , v �' • Date: �� ^ /^�� My Commission expires: J, g_g Sq. CERTIFIED $ al----.--- ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation if : ount ce = • •i/fers from the am uZipplJed for.)ARCHITECT: In accordance with the Contract Documents, based on on site observations and the 7 data comprising , iad XMI.' the above application, the Architect certifies to the Owner that to the te, �<< _ 4 sate: best of the Architect's knowledge, information and belief the Work has progressed as This C rtificat not neflo tiable. Thee UNT CERTIFIED is payable only to the indicated, the quality of the Work is in accordance with the Contract Documents, and Contractor named herein. Issuance, payment and acceptance of payment are without the Contractor is entitled to payment of the AMOUNT CERTIFIED, prejudice to any rights of the Owner or Contractor under this Contract. • A PACE OF PACE CONTINUATION SHEET .b+; ;.irk:, r_7: APPLICATION AND CERTIFICATE FOR PAYMENT, containing ;:IT; Cr Yi.LIE I APPLICATION NUMBER: *1 CONTRACTOR'S signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: aib09G3 Use Column I on Contracts where variable retainage for line items may apply. WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINACE NoVALUE Previous This MATERIALS STORED TO DATE TO FINISH A I Applications Application F C(D+E+F) x' H(C-C) A B C D E b 734.b :S:. 19,779.40 r V S11- , 52,S�4.UJ N.i:U G,iuti..:v ').Jil :.r 4,5vU.tiU lEnr EC JU u.."i v'. c 4 SJu. •- 0 1 .• 5 O.\L . .,.:., J,YJV.VL, • 1 hR�i'.��L .:(.h.i .•J� v,4JJ.UV Lv\I,i�V h�:. 1,.U4.vU 15,5:J.i. o).v;J c,_`: .., 1 1,1.' v.v0 J.G: 1.%.1-U.JJ .,cv4.0ti IUJ:. . ;07,545.00 1r.4J U.V: ER 25 245.UU v.*, U.Jt U.i;v v7. v P.,.,� , 3 4.9 G.'JU 'v.(i'v U.v'J 0% 3.. , c .4U STFTF.Nu 1,lu00:0 v.Vc )•1 U.li, O. i,2 u.v0 PnEL,,:T id3n7 21u,163.00 L.UG L.0i. u.uE 0% 210,163.0 SN � t: ;;,u NYL,C SI 14 UU,..U.' .UU u.00 O. 14,uu�.0u cIJ c � .UU JQ;:IT;w.iLL TREAtlIE?IT 8,575.aG �,+Jl VI. 1S,J u.00 :J.Qu 82 i98.Ju t2,198.06 O.0o 0.�. ;i.0. r JO1I.V1RGER/UELK ,,,;,E 0% 85,4E8.00 B,IL1 JF RGOF 85,482.UU U.I�Jnn 0.t:v PRIMER SISTE� 34,060.00 V.UJ J.U., 'v.00 Uw 39,060.00 3 612.0J 0.00 C.)C ;.UU 0% 33,012.00 SLA�a'�;1GfiS-11.1vULwc. J , u.:0 UY 4,918.00 DRIVEIi+R,':;IG�{ CAN 4,91e:A 4.�J:' u.JO , y , ill. INTE IOR/i►O;iD BOORS :;6,3'.4.JU 0.0u '.�, . �.�� 36,804.00 .00 ,..Co J.OU 0% 143,244.ut 0R1wh:, k :.FILING i43,244.00 rILORi:;i . '5,t6O.'40 0.00 1,0% J'.Ov u:. 35,660.00 4,998998 PAIN11:6 11,938.0.) O.Oi u.:V 0,(;i % 11, .00 LaRPEtTR1 4,220.00 0.00 u.00 .0u 0 0). .00 PLii:56Tlw 18,192.0E 0.0u 0.0L 0.00 0% 18,7'12.00 ELECTRICAL C9,214.00 0.00 0.)0 0.':0 Ob 99'3:4.uu 9u 60.00 0.0 u.Uu u.J4 0% 90,000.00 A-CiH4nTIN� +FLA: FGLE 1,751.0u 0.00 u.00 t;,0i, G1. 1,/51.Ou .� ' ,Jv4.0U J+ IL EQUIPMENT 63,530.00 0.0u 0.0J ,.r J.VI vx 11 591.u0 0.u0 0.0U U.00 01 11,591.00 TOLIET ACCESSORIES , OM Ox S,luu.0u CLEAN uP S,1J0.Ou ')•0v 0•0u. SUPEFINTEt►L'ENT 'U u00•UV u.00 000.0i, bb0.Vu Z: .:9,4Uu.00 � � SUB TOTAL OR TOTAL - CONTINUATION SHEET PACE OF PACES APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: CONTRACTOR'S signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: Use Column I on Contracts where variable retainage for line items may apply. WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE • No. V Previous This MATERIALS STORED TO DATE TO FINISH A B CUE ApplicationsApplication F G(D+E+F) % H(C—G) I PERFUMANCE 801r0 19,327.00 0.00 19,327.00 19,327.00 100% 0.00 INSURANCE 66,440.00 0.00 66,440.(;0 66,440.00 100X 0.00 \ N N SUB TOTAL OR TOTAL 1,734,832.00 _ ' 0.00 _ 108,401.60 - 108,401.60 _ _1,626,436.40 APPLICATION AND CERTIFICA TE FOR PAYMENT A'" 'u`.i:; ;i: ' l` I TO(OWNER): ..;: ,,•t;L PROJECT:L;,' .:+ I.l.l' ;;:,:.i::; u. „Jrlr.1 APPLICATION NO: ;i Distribution to: :r 0 OWNER DOY PERIOD TO: 0 ARCHITECT 0 CONTRACTOR FROM(CONTRACTOR): sf Ec: r,c.- :.il c L...? VIA(ARCHITECT): .ct 'i.,;i11'.; :,.a :,•,;cc. ARCHITECT'S 0 PROJECT NO: kb�'•.3 0 i l�iv a In.,,r'.�.... f.••'.l i'..,. :..� �JJu CONTRACT FOR: � r ...,.;,,ILIA... C., • ..: CONTRACT DATE: 3,.,5.: Application is made for Payment, as shown below, in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAYMENT 1. ORIGINAL CONTRACT SUM $ 1,7 i4,333.'JV • CHANGE ORDER SUMMARY �•�� Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders S �� �a,SSd,:�u , previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ TOTAL 4. TOTAL COMPLETED&STORED TO DATE S `'a,;;:1.o: Approved this Month 5. RETAINAGE: Number Date Approved a.l`: % of Completed Work $ : 1E4'•;t b. _% of Stored Material $ Total Retainage(Line 5a + 5b or TOTALS Total in Column 1 $ 1ti,640.a 6. TOTAL EARNED LESS RETAINAGE S i7,5:14'44 Net change by Change Orders .(Line 4 less Line 5 Total) The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR j•�J completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE S .54i.44 �� ,�4 issued and payments received from the Owner, and that current payment shown 9. BALANCE TO FINISH, PLUS RETAINAGE S i,6a�,<< .,.;� herein is now due. (Line 3 less Line 6) c EEC F(:d ARE+E Wit;;: :: `':u., :": State of: .7t/4`' County of: 7r/i'���'E'T CONTRACTOR: Subscribed and s orn to before me this j i . 4 day of tV et • ,19$L Notary Public: ) v 64,411 . By:%1444:46€ererLaililliel w. Date: /O -3 t/-It My Commission expires: ,j, g-q0 AMOUNT CERTIFIED S ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation if : ount ce y •lifers from the am u t'epplie for.) ARCHITECT: In accordance with the Contract Documents, based on on-site observations and the �-' data comprising the above application, the Architect certifies to the Owner that to the :, �_ i .'ate: 4/ 4,:s best of the Architect's knowledge, information and belief the Work has progressed as This C rtificat •t negotiable. The •UNT CERTIFIED is payable only to the indicated, rir hthe is ti of the payment isn in the with the Contract Documents, and Contractor named herein. Issuance, payment and acceptance of payment are without the Contractor is entitled to payment of the AMOUNT CERTIFIED. prejudice to any rights of the Owner or Contractor under this Contract. A CONTINUATION SHEET PACE OF PACED APPLICATION AND CERTIFICATE FOR PAYMENT, containing ;:If; Cr arllE APPLICATION NUMBER: 1 CONTRACTOR'S signed Certification is attached. itI In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: Use Column I on Contracts where variable retainage for line items may apply. II50903 WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No VALUE Previous This MATERIALS STORED TO DATE % TO FINISH I A B C Applications Application F G(D+E+F) H(C-G) «, C; ,;.00 c 84. „ 8,734.o,1 1U:. 49,779.40 TE•l ♦� "r :EG 4,JUU.ti0.00r EEP� dLf I� U. .U:+ V.UJ UX 41500.UU ; .. O.u0 c 0.0C t' J,JJV.ut. 100+. hnh TEL 1 Dfi% :X S s,v.,Q c0 ,C, .G i 5n0' Gk..»1tJ65 15,5')J.i0 0.O0 1,a0.00 4D% 9,3%.v0 1,4GV.U;j u.0 1.uvQ.•;J 1, 0u.v. 1Uv;. v.00 Er;:'. Jltirsr 10,5,15.00 U.44 v.OU U.v'. ;)% IU•,545.uu i'IERB 25,245.00 i;.U0 •).Jk .O%, v,. cr,a.ti...UU :.G1.,..'E.t 6u At 37,3,40.0Q 4.JU 4.I,i/ (.,.J'J u% 3.3,425.0tl STFIF.1:o 1,tvu.00 td.uG ).‘;0 O.L. Vi. 1,2u0.v0 210 1b3.v0v.00 0.1iu u.u( 07. 210,1b3.0u Y:..E :.15 r: 14 t00,.0i. :.0u V.v.; O.L ,1 14,OOL.00 JO: i1 4;:L TRE1T1ENT u,t75.J0 � n.S;. .IkiEkiutCE 82192.up u.7v J.!„ J.00 )' 82,192.v0 N Et,;L1 .li kLUF 85,4r8.00 0.6) u.00 5. ;ix 85,488.00 bldRINtLER SISTE:1 39,0.0.U,; u.JJ 1.0t: .01) ul 39,40.00 33,612.J.� C.O' C.Jt ,.uu Q% 33,012.50 5LH86'G'JCtiS-IIIt:UGaS DRIVElnk. n K:'t001w +,918:J0 Q.v...Q.v... ;i.J0 u.,,) uG 4,918.00 It4TEFl0Fn OJD uCOkS 6,3e4.00 0.00 :.0 ,.Cu 0% 34,804.00 ORNALL & AILING 143,244.00 ;.OU 0.00 J.OU 0% 143,244.0u FLC0k1;:L 35,60.00 0.00 i..'A JAL. 0% 35,b6U.00 PR1'i?1'1� 11 998.0 0.00 0.;00 O.v�� 0% 11,999.00 CIiP.PENTF:i 4,[20.JU U.VO 0.0iQ Q.OU V% 4,t20.00 PLAN 78,792.00 V.00 ii.'): 0.00 v. r8,7i2.00 99 334.'00 0.00 0.)0 0.vU U). 99,3;,4.u0 ELEC1kICtil +- :E 9U 000.00 U. v.UU U.1J 0:. '9U,UUu.v6 H-C r i,�l~T 11dS + FLko i OLE 7 75 .00 0.00 0.00 i;.0,.' 0i. 7,751.00 JaIL EGJ;PnEhT O3,5I)30. um, 0.t J JAR. vi. 53,530.00 1ULIE1 ACCESSORIES 11,591.00 0.00 um :.uu o'.: 11,541.00 CLEAR uP t,i,N.J,) 0.00 0.0: U.l'V CA 5,IUU.vU SUPEklcilEh4fNT au,v00.UU 0.0u 300.0u b4U.0U O. :,,iJv.uU SUB TOTAL OR TOTAL CONTINUATION SHEET PACE OF PAGES APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: CONTRACTOR'S signed Certification is attached. •• In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: Use Column I on Contracts where variable retainage for line items may apply. WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE % TO FINISH H(C—G) I D E PERFUfMGNCE BOND 19,327.00 0.00 19,327.04.) 19,327.00 100). 0.00 INSURANCE 66,440.4 0.00 h6,440.00 66,440.00 100% 0.00 SUB TOTAL OR TOTAL 1,734,838.00 . 0.00 _ 108,401.60 _ 108,4Ot.60 _ _1,626,436.40 L� APPLICATION AND CERTIFICATE FOR PAYMENT I PROIECT:i.:'' �,.:L +,,•• ...,10r.11 APPLICATION NO: I: Distribution to: 1 TO(OWNER): , �' i+•.:E 0 OWNER E I : .,ri% 0 ARCHITECT PERIOD TO: �'�-=�%�� „ .:E, ;i a ��' 0 CONTRACTOR ;,�;;;,�,;,;", ARCHITECT'S 0 FROM(CONTRACTOR): aI cc:, `..t,- `c.c L..;r VIA(ARCHITECT): _,t t. PROJETT NO: ���'• ❑ jc.Ili CONTRACT FOR: i: ;':u,,i;,ii Nl i.�. ..c: CONTRACT DATE: , ,.;. Application is made for Payment, as shown below, in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAYMENT 1. ORIGINAL CONTRACT SUM $ 1,134,33E,:�v CHANGE ORDER SUMMARY �•��' Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ �� ';4�y;.B.�u previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ TOTAL 4. TOTAL COMPLETED&STORED TO DATE S IA,4:.1.6.) Approved this Month 5. RETAINAGE: Number Date Approved a.l_% of Completed Work $ +34`'•== b. ._% of Stored Material S Total Retainage(Line 5a + 5b or TOTALS Total in Column 1 S 15,E4f).It _ Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE S 77,50;.44 The undersigned Contractor certifies that to the best of the Contractor's knowledge, .(Line 4 less Line 5 Total) information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR �.vJ completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) S ;;. �..;,y ti paid by the Contractor for Work for which previous Certificates for Payment were g, CURRENT PAYMENT DUE issued and payments received from the Owner, and that current payment shown 9. BALANCE TO FINISH, PLUS RETAINAGE $ ,t3 ► '`•!.:. herein is now due. (Line 3 less Line 6) CONTRACTOR: :iELJ I" .,REit ";' ::=,' : :r., l'' State of: 7r/I S County of: Trke.e*cir Subscribed ands orn to before me this j r .a�C day of Set ,19n. Notary Public: ) v/6- „4i.w• !, 144444"mj(25624.1.11166 Date: /O "3/"t6 My Commission expires: J. g_e1'�i By: AMOUNT CERTIFIED $ t./ .— HITECT'S CERTIFICATE FOR PAYMENT (Attach explanation if : ount ce • =• Differs from the am u t'applied for.) ARC ARCHITECT: In accordance with the Contract Documents, based on on-site observations and the V // o/ data comprising the above application, the Architect certifies to the Owner that to the _ �e_ "� i� .ate: 42,j (rj� best of the Architect's knowledge, information and belief the Work has progressed as This C rtificat •t negotiable. The AUNT CERTIFIED is payable only to the indicated,hntrctothe is y the Workm isn in the h the Contract Documents, and Contractor named herein. Issuance, payment and acceptance of payment are without the Contractor is entitled to payment of the AMOUNT CERTIFIED. prejudice to any rights of the Owner or Contractor under this Contract. A CONTINUATION SHEET PAGE OF PACE APPLICATION AND CERTIFICATE FOR PAYMENT, containing .:IT; :f N;LIE 1 APPLICATION NUMBER: illCONTRACTOR'S signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: t609G3 Use Column I on Contracts where variable retainage for line items may apply. WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE VALUE Previous This MATERIALS STORED TO DATE TO FINISH I NA. a C Applications Application F C(D+E+F) x' H(C-C) E SITE ;;i:E: 52,554.0;. .,.0u v,"rB4.�. 8,734.6J 15% 49,779.40 0.00 JX 4,500.00 I 4 50u.40 0.0u .�. TENS SE�:'�� tES � � OM 0.00 ,050.Cu 5,55 .�:U 100;. r;RC";'EL; 1f;hiil�:iG 5,050.uu ` 11 '• L ) 9,300.G0 C L ,1 UO J.V{/ J G:ti.UL Y,LJO/VU lVF SRUr DRA4MLS ;5,5 Emu. S1MfF ,0u u• •, .0 OJU.lJ .,vJO.4u 104. v.00 ' 1 107,545.40 u.vu 1,.:'u 0.0u U. ,u7,545.0u ' FGiit;;;.ilU;( WON, PIERS 25,245.00 U.Ov Id; 25,2;5.UG u.UO 0.�)� CDti,,NcTE i408K 333,;29.u0 '1.50 O.Ou 0.50 01 333,429.00 STRIP.%U 1,200.00 :.uU ').u5 U.O. 6; 1,2v0.V0 uREVnST 4JKY. au,163.J0 v.0 Mu wrLiE 6N cIr 14 OUu.UO U.Ou u.uu J.u;; O. 14,00u.00 \ JOI:1T;4+i;LL TREATNEXT 8,575.50 v.00 ;r.')u G.Ut O. 8,515.00 ;o I9a.u0 0.vu 0.u� U.0( 82,.98.vU JD1S;rolk%ER/DI:Cti ��r j,jrj O. es,aae.vo LILT JP ROOF 85,4E8.0Q 0.v+0 'i.QC 39 0i:0.0u 0.4 4.0 ':.00 0% 9,0c0.0. PRIMER StiSTEh r ;,p;r Ok 33,;;12.U0 r c '^ 33 612.JJ C.00 ':.Ot „LA.S'GJUtiS-MII�iGG�ia r 0,�0 XL 4,918.00 DRIVE TIrRi:UGri NINON4,918:v0 0.00 0.00 INTEFIOR/ OOD GOOkS 36,K4,00 0.00 :'.u` DR1wi LL 4 ;.FILING 143,L44. u Mu ,,.;,U 0.04 O% 143,244.Uc FLLORL'1C � 35,tt0.u5 0.v0 O.51: v.50 0. 35,66'),00 ,� O.uO O. 11,998.Ou iNT• 11,538.C; 0.0. J..V Ph ''`TR 0.00 0.00 uL 4,220.0u CwRPEtiTRt 4,20.J0 O•'JO PLANING 76,752.0u ;.0(., 0.T. O.UJ 01 /8,7)2m ELECTRICAL 49,234.50 0.0,) 0.)O 0.50 0% 99,3v4.0u A-C/U4IIN5 9U,000.00 0.05 u.JO (;,yv C'k 90,000.00 FL45 POLE 7,751.00 OM 0.00 0.ov 01 7,751.0u 0�. JAIL EQUIPMENT 61,53).00 0.00 O•t.: u, J"' b34530.00 TGLIET ACCESSORIES 11,5i1.00u,00k 5,10u.vU CLEAN UP 5,1J�'.U0 0.0u L� t 'Xi.v� buU.'��' « ``;,a�.J.UO SUPERINIENLENT ?u,i;00.0u i.�� SUB TOTAL OR TOTAL CONTINUATION SHEET PAGE OF PACES APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: CONTRACTOR'S signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO: Use Column I on Contracts where variable retainage for line items may apply. WORK COMPLETED STORED TOTAL COMPLETED AND BALANCE RETAINAGE ITEM DESCRIPTION OF WORK SCHEDULED Previous This MATERIALS STORED TO DATE ,x TO FINISH A 1 B C VALUE Applications Application F G(D+E+F) H(C—G) A D + PERFORMANCE BOND l9 327.00 0.00 19,321.0 19,327.00 1001 0.00 440.U0 300X 0.00 _ INSURANCE 66,440.00 0.00 56,440.00 661440.0) SUB TOTAL OR TOTAL 1,734,838.00 _ ' 0.00 - 108,401.60 _ 108,401.60 _ 1,626,436.40 Ocotber 27, 1986 Mr. James Johnson, Finance Director I would like to request that the pickup for the Parks Department, that was put into the budget, be put on the bid list. In Your ServiceKenneth Moelling Acting Director of Public Works /� � ��