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.
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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
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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`
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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
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WYLIE ISO COLLIN COUNTY O
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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
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' ' • '' • .;MR SPARKS SURVEY' ADDN.. AFL
..A44o 081
e a ' • SIMWYLIE 180
•
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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�
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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
�� / /
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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_
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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
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ve'
DATE a-3-85 , ' • ' • `lit A' •
George' . Pewitt ,
Registered Public Surveyor
i
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GEORGE G. PEWIT ` ' ,f ,}
42T1 `o- .
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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
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GEORGE LEWIS INC.
A-,438 44 AC
� \ GEORGE LEWIS INC.
96.034 AC
t �� 1 GEORGE LEWIS INC. •
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55 AC
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GLENN DAY
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DAVID
DAVID M. SHEARER
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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
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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.
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DAVID M. SHEARER DAVID
GLENN DAY••• . 117 AC
80.951 AC
WYLIE ISO COLLIN COUNTY
23 l Ac DALLAS COUNTY
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A.OEOAAt LLw•AK./I AC [/. •IOAAI• M. •ATTEAfOM 1 AC IC MANN M. DAY
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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.
•
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DAVID
` DAVID M. SHEARER
GLENN DAY 117 AC
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WYLIE ISD COLLIN COUNTY
23 , AC DALLAS COUNTY
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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.
•
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GLENN DAY •
117 AC
80.951 AC
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DALLAS COUNTY
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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.
•
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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
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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
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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.
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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 .
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(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
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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.
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(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 .
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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
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!/,
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
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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
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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.
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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
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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
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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
/,
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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
/�
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