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06-25-1985 (City Council) Agenda Packet AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY , JUNE 25 , 1985 7 :00 P .M. CITY HALL CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-8 Approval of minutes . PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 2 9-15 PUBLIC HEARING - Conduct first public hearing on the annexation of 56 . 31 acres and 40 . 129 acres out of the James McUlmurry Survey , Abstract 629 located East of FM 1378 and North of Birmingham Trust land . 3 16-19 PUBLIC HEARING - Conduct first public hearing on the annexation of 71 . 38 acres out of the James McUlmurry Survey , Abstract 629 East of FM 1378 , North of the Birmingham Trust Land . 4 20-22 PUBLIC HEARING - Conduct first public hearing on the annexation of 30 acres out of the G . W. Gunnell Survey , bordered on the East by FM 1378 and on the North and West by Lake Ranch Estates . 5 ' 23-24 Consider approval of annexation ordinance for 1 .0401 acres out of the Aaron West Survey , Abstract 979 located on E . Stone Road - site of Rush Creek I Lift Station . 6 25-28 PUBLIC HEARING - Conduct public hearing on the request for single family I zoning for 1 . 0401 acres out of the Aaron West Survey , Abstract 979 located on E . Stone Road . Site of Rush Creek I Lift Station . 7 29-30 Consider approval of zoning ordinance for 1 . 0401 acres out of the Aaron West Survey , Abstract 979 located on E . Stone Road . Site of Rush Creek I Lift Station . 8 31-32 Consider approval of annexation ordinance for 96 . 218 acres out of the Elisha M. Price Survey , Abstract 1114 . Located at the intersection of south FM 544 and Vinson Road . 9 33-37 PUBLIC HEARING - Conduct public hearing on the request for mobile home park and retail zoning designation of 96 . 218 acres out of 1 the Elisha M. Price Survey , Abstract 1114 . Located at the intersection of south FM 544 and Vinson Road . 10 38-39 Consider approval of zoning ordinance for 96 . 218 acres out of the Elisha M. Price Survey , Abstract 1114 . NEW BUSINESS 11 40-41 Consider acceptance of 7 . 136 acres out of the Francisco de la Pina Survey , Abstract 688 as the site for the new City complex . 12 Consider authorization to advertise for bids for City Hall/Police/Jail complex . 13 Consider authorization to expend $18 , 186 . 66 from General Fund City Council Reserve acct Q10-100-101- 06610 for initial payment on the finish of the community center . 14 42-44 Consider award of bids for water and sewage pumps . 15 45 Consider award of bid for 3/4 ton pickup truck for Public Works Department . 16 Consider distinctive paint design for Police Patrol cars . FINANCIAL STATEMENTS 17 46-51 Consider approval of bank reconciliation statements . GENERAL DISCUSSION 18 Citizen Participation . 19 General Council Discussion . 20 ADJOURN 2 AGENDA SUMMARY TUESDAY, JUNE 25 , 1985 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections . ITEM NO. 2 - PUBLIC HEARING ON ANNEXATION OF 56 AND 40 ACRES ON FM 1378 - This property is described as 56 . 31 and 40 . 129 acres out of the . James McUlmurry Survey , Abstract 629 . It is located on the east side of FM 1378 north of the Birmingham Land . These two pieces are separated by a 71 acre tract owned by C .T . Beckham that is described in Item No . 3 . These annexations ( item 2 and item 3) will establish a completed corner of city limits in the area as described in our ETJ agreement with the City of St . Paul . ITEM NO. 3 - PUBLIC HEARING ON ANNEXATION OF 71 ACRES ON FM 1378 - This property is described as 71 . 38 acres out of the James McUlmurry Survey , Abstract 629 . It is located on the east side of FM 1378 between the two tracts described in Item no . 2 . ITEM NO. 4 - PUBLIC HEARING ON THE ANNEXATION OF 30 ACRES ON FM 1378 - This property is described as 30 acres out of the G . W . Gunnell Survey . It is on the west side of FM 1378 and is bordered on the north and west by Lake Ranch Estates . This property is one of the tracts which we invited the owner to annex voluntarily in connection with the water line that is being installed in that area . The owner was quick to respond favorably . As far as we know there are no development plans for this property and no zoning has been requested . ITEM NO. 5 - APPROVE ANNEXATION ORDINANCE FOR 1 ACRE ON STONE ROAD - This property is described as 1 .0401 acres out of the AAron West Survey , Abstract 979 . It is located on East Stone Road and is the site for the Rush Creek I Lift Station . Affirmative action by the City Council will make this tract a part of the corporate limits of the City . ITEM NO; 6 - PUBLIC HEARING ON THE ZONING OF 1 ACRE ON STONE ROAD - This is the property described in the above item . The City is requesting single family I zoning for this tract in keeping with the surrounding land use . As you know , as a City we are allowed to place a lift station on property zoned with any designation . ITEM NO. 7 - APPROVE ZONING ORDINANCE FOR 1 ACRE ON STONE ROAD - See comments above . ITEM NO. 8 - APPROVE ANNEXATION ORDINANCE FOR 96 ACRES ON VINSON ROAD - This property is described as 96 . 218 acres out of the Elisha M. Price Survey , Abstract 979 . It is located , as you know , at the "Y" where 544 meets Vinson Road . Affirmative action by the Council will make this tract a part of the corporate limits of the City of Wylie . In so doing , we would obtain the unquestioned authority to regulate the development of this property under the City ' s mobile home park regulations ; thus granting some control over density while obtaining the additional benefit while extending the City ' s "presence" and making available water and sewer service to the area . In addition , the property would be provided Police , zoning , fire and other protections . ITEM NO. 9 - PUBLIC HEARING ON ZONING OF 96 ACRES ON VINSON ROAD - In the regular meeting held on June 13 , the Planning and Zoning Commission approved the zoning request for mobile home park and retail by a vote of 3 to 2 with two members absent . This zoning places the final legal requirement upon 1 the property for compliance with the City ' s requirements . See above comments . ITEM NO. 10 - APPROVE ZONING ORDINANCE FOR 96 ACRES ON VINSON ROAD - See comments above . ITEM NO. 11 - ACCEPTANCE OF .7 ACRES FOR CITY COMPLEX - Enclosed in your packet you will find the exact sketch map of the proposed gift property to the City . The property is located approximately midway between the intersections of Eubanks and Kreymer Lane on the North side of SH78 . The configuration of the property suits the needs requirements for square footage and configuration of the building that we have discussed constructing . This property would allow for the initial construction of a 200 x 200 ft building with two rows of angled-in parking and a two-way drive between each row. This parking would be in excess of the amount required by our ordinances . The shape and configuration of this property would also allow for future expansion of two additional and identical buildings when the need arises . The donating parties have agreed to extend water and sewer service to the property at their own expense . The property does not require any particular paving investment in order to access the property because it fronts directly on SH78 . The only additional cost to be borne by the City of Wylie would be that we pay our half of the eventual paving of a street to the rear of the property . Estimated cost would be approximately $17 , 000 . 00 when that improvement is made . Such a street is not anticipated for a couple of years . In as much as my research can determine , there are no hidden costs involved in the acquisition of this property . Your action to accept this property will cause the City and the property owner to begin a subdivision process which will divide out the tract to be donated . Once this is accomplished , the deed may be officially accepted by the Mayor and we may complete the annexation process on both our tract and the remaining acreage . The property owners have agreed that it is their desire to voluntarily annex the property whenever we believe it to be appropriate . The property exceed the original seven acres because of a desire on the part of the developers to place a street at a bit of an angle thus it is their decision to donate slightly more land than originally proposed so that that angle may be maintained . ITEM NO . 12 - AUTHORIZATION TO ADVERTISE FOR BIDS FOR CITY COMPLEX - This authorization will allow the staff to begin assembling a bidders list and discuss with individual contractors the desired construction and advertise for the bids to be received . ITEM NO. 13 - AUTHORIZE PAYMENT ON COMMUNITY CENTER - This action simply authorizes the expenditure of these monies from that special line item in the budget from which only the City Council may authorize an expenditure . Last meeting ' s action could have accomplished this ; however , it was not made a formal part of the motion and requires your official vote and action . ITEM NO. 14 - AWARD BID FOR PUMPS - See enclosed recommendations . These pumps will be paid for by impact fees and lift station district fees , not general water and sewer funds . ITEM NO. 15 - AWARD BID FOR PICKUP TRUCK - The City only received one bid on it ' s desired pick-up truck . This truck was in stock from Lakeside Chevrolet and met the specifications . We therefore , recommend approval to Lakeside Chevrolet in the amount of $11 , 768 . 00 . This expenditure will come from the Revenue Sharing fund . 2 ITEM NO. 16 - DISTINCTIVE PAINT JOB FOR PATROL CARS - Now that several weeks have passed since we placed the test paint on one of the patrol cars it is time for the Council to express it ' s opinion regarding the paint and whether or not to continue or suspend such action . 3 . . . ` CALLED CITY COUNCIL MEETING - MINUTES JUNE 10, 1985 7:00 P.M. The Wylie City Council met in a called session on Monday, June 10, 1985 at 7: 00 p. m. in the Council Chambers at City Hall . Mayor Akin presided. 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 John Akin, Mayor Pro Tem Hughes, Councilmembers Percy Simmons, Joe Fulgham, Randall Gaston, William Martin and Harold Spence, City Manager Gus Pappas, City Secretary Carolyn Jones, I . W. Santry, Jerry Hoagland, Clarence Daughtery, Mayor Poindexter and three Councilmembers from Murphy. Mayor Akin called the meeting to order and introduced John Blane, Bill Lovell and James Loper of the Texas Highway Department. Mayor Akin stated that this meeting was to bring Council up to date on the projects of Highway 78, Highway 190 and F. M. 544. Mr. Blane said that legislator had granted funds through a minute order that will take care of Highway 78 beginning in Garland through Sachse and through Wylie to F. M. 205. The main question asked of Mr. Blane was how long before Highway 78 would be completed. Mr. Blane responded with allowing for the utility construction, purchase of the right-of-way, then construction is estimated to start around 1988. Mr. Blane also stated that in the purchasing of right-of-way the State pays for 90% and the local government pays 10%. City Manager Gus Pappas asked if there were no right- of-way purchases~ could the 90% of State funds go for part of the curb and gutter. Mr. Blane said the curb and gutter has to be paid for by local government, but the extension of the divided highway might could be taken out further than planned with part of this State right-of-way money. In regards to Highway 190 project, in March of ' 84 we received a proposal for this highway. Due to a lot of protest, this project was slowed down, but since March of ' 84 things have started to move again. Garland has been the main reason for this projects being started again. In regards to F.M. 544, this is planned to be a six lane divided highway (with four lanes and wide medians that can be extended to six lanes) . This project is just now getting started in Plano. Mayor Akin thanked everyone fbr coming and for the updated information on the above highways. Meeting adjourned. John W. Akin, Mayor ATTEST Carolyn Jones, City Secretary � CITY COUNCIL MEETING MINUTES JUNE 11n 1985 7:00 P. M. The Wylie City Council met in regular session Tuesday, June 11 , 1985 at 7:00 P. M. in the Council Chambers at City hall . Mayor Akin presided. 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 John W. Akin, Mayor Pro Tem Don Hughes, Councilmembers Percy Simmons, Joe Fulgham, Harold Spence, Randall Gaston, and William Martin, City Manager Gus Pappas, City Secretary Carolyn Jones, Public Works Director Bill Windham, Wylie Robertson, Scott Dorsey and Elayne Mayes of the Wylie News, Tom Mayes, Gene Woodward, Byron Cook, and Larry Allen and other citizens. Mayor Akin called the meeting to order and gave the invocation. APPROVAL OF MINUTES: Motion was made by Mayor Pro Tem Hughes to approve minutes as submitted. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Gaston - in favor. Councilman Fulgham - in favor, Councilman Spence - in favor, and Councilman Martin - in favor. This motion carried with all in favor. RECOMMENDATION OF REPRESENTATIVE TO AMERICAN RED CROSS BOARD OF DIRECTORS: After some discussion, motion was made by Mayor Pro Tem Hughes to table this item until the next meeting. Seconded by Councilman Fulgham. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Gaston - in favor, Cou^cilman Fulgham - in favor, Councilman Spence - in favor, and Councilman Martin - in favor. This motion carried with all in favor. APPROVAL OF AMENDMENT TO SUBDIVISION ORDINANCE ADDING A PARAGRAPH CONCERNING PERIMETER STREET FUNDS: This minor change to the Subdivision Ordinance is concerning the release of perimeter street funds which have been placed in an escrow account by the developer. This amendment will allow the city to use these funds for the improving and upgrading of specific streets and roadways to a level below that provided for in the Subdivision regulations before we are in a position to bring said street up to standard. Motion was made by Councilman Gaston to approve the amendment to the Subdivision Ordinance. Seconded by Councilman Martin. The vote %as as follows: Mayor Akin -- in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Gaston - in favor, Councilman Fulgham - in favor, Councilman Spence - in favor, and Councilman Martin - in favor. This motion carried with all in favor. APPROVAL OF FORM LETTER TO BE USED FOR RELEASE OF PERIMETER STREET FUNDS: This letter is a companion document to the amendment in the above item. It is the written authority, filed with the City Secretary and signed by the principals involved, allowing the city use of the funds for major reconstruction on said street/streets. Motion was made by Mayor Pro Tem Hughes to approve. Seconded by Councilman Gaston. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Gaston - in favor, Councilman Fulgham - in favor, Councilman Spence - in favor, and Councilman Martin - in favor. This motion carried with all in favor' . . APPROVAL OF PAVING METHOD AND FUNDS FOR LIBRARY/COMMUNITY. ROOM PARKING LOT: After much discussion about concrete versus asphalt parking lot the motion was made by Councilman Simmons to concrete parking lot A. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Gaston - in favor, Councilman Fulgham - in favor, Councilman Spence - in favor, and Councilman Martin -- in favor. This motion carried with all in favor. APPROVAL OF CONTRACT AMENDMENT WITH SPEED FAB-CRETE FOR ALTERNATIVE METHOD FOR COMPLETION OF COMMUNITY ROOM: Speed Fab-Crete responded to our request for a turn-key finish to the community center. City Manager Gus Pappas said that to go out for bids to finish the center would mean putting all the money up front and pay as you go, whereas with Speed Fab-crete the cost is spread over a period of three (3) years at $20, 000 per year. Motion was made by Mayor Pro Tem Hughes to approve the contract with Speed Fab-Crete. Seconded by Councilman Gaston. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - against, Councilman Gaston - in favor, Councilman Fulgham - against, Councilman Spence - in favor, and Councilman Martin - in favor. This motion carried with five (5) in favor and two (2) against. ACCEPTANCE OF PUBLIC IMPROVEMENTS TO RUSTIC OAKS III : The city staff has inspected the public improvements in the Rustic Oaks III addition and find them to be in accordance with the Subdivision regulations of the City of Wylie. Motion was made by Councilman Gaston to accept the public improvements to Rustic Oaks III . Seconded by Councilman Fulgham. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Gaston - in favor, Councilman Fulgham - in favor, Councilman Spence - in favor, and Councilman Martin - in favor. This motion carried with all in favor. APPROVAL OF BUDGET CREATING LIFT STATION DEPARTMENT: This department is needed in order to have working line items for which expense records can be kept and progress reported accurately. It also allows for a crew to work uninterrupted on the lift station. Motion was made by Councilman Martin to approve the budget creating the lift station department. Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Gaston - in favor, Councilman Fulgham - in favor, Councilman Spence - in favor, and Councilman Martin - in favor. This motion carried with all in favor. CONSIDER AWARD OF BID FOR LAND TO BE USED FOR SITE FOR CITY COMPLEX: Mayor Pro Tem Hughes wanted to know where the land was located that is being offered as a gift to the City. City Manager Gus Pappas said North of Highway 78 and between Eubanks Road and the proposed Spring Creek Parkway. It would also be between the Railroad and Highway 78' City Attorney said Council can reject all bids and at the next council meeting have as an agenda item the offer of the land at no cost. If this offer is not want the council wants, then the council can request the staff to go out for bids again. Councilman Simmons said he preferred the Stone Road location out of all bids received, but the free land being offered is inviting. Mayor Pro Tem Hughes said his first choice of all bids received was the Stone Road property. He would like more information on the seven acres that is being offered. Is it possible for the Council to pick the seven acres out of this ^ tract of land? Mr. Byron Cook said the City can choose by metes and bounds if they so desire. Councilman Gaston believes the Stone Road property is still the best location more so since the Community Center and the Library are there. It could be a show place for the City on Stone Road. Councilman Fulgham believes the location on Stone Road is not good. Stone Road will not have enough access for City Hall . If possible Highway 78 would be the best location. Councilman Spence believes both pieces of property has its pros and cons, from City Hall to Stone Road is one mile and from City Hall to Highway 78 is one and a half miles. There is one concern about Stone Road which is due to the traffic and the school zone. People are already having problems getting out on Stone due to school traffic. If we add City Hall and the Police Department we are adding to the traffic problems. Councilman Spence feels the growth and development will be greater on Highway 78. He has had a lot of calls about City Hall staying on Highway 78. Councilman Martin said the gift of seven acres is very good but has caught everyone by surprise. Traffic on Stone Road verses traffic on Highway 78 is something that needs to be looked at and studied. Councilman Martin has a problem of the possibility of losing seven acres being given to the City verses spending money for land. He does not want to lose the chance of the land on Stone Road, but would like to make a detailed study of the Highway 78 land prior to making any decision. Mayor Akin said the location of the Highway 78 land has no cost, can be seen and traffic flow is better. The location of Stone Road would be next to the Library and Community Center but does -bave a bad traffic problem. Mayor Akin would suggpst to reject all bids and study the Highway 78 land. Motion was made be Councilman Fulgham to reject all bids. Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Gaston - in favor, Councilman Fulgham - in favor, Councilman Spence - in favor and Councilman Martin - in favor. This motion carried with all in favor. AWARD OF BID FOR VARIOUS ITEMS OF STREET EQUIPMENT: The recommendation from staff represents good solid equipment that should provide the City with the tools it needs to do the job and equipment that should last and perform well . The following items received bids: , Dump Truck - received two bids - recommend the International at $44, 741 . Recyler - received two bids - recommend the Bomag at $164, 288. Vibatory Roller - received two bids - recommend the Bomag at $54, 922. Crack Sealer - received six bids - recommend Nicholas Rah 400 H at $18, 307. Street Sweeper - received six bids - recommend Tymco at $59, 551 . Spreader - received one bid - recommend to reject. °�� Oil Distribution Truck - received three bids - recommend Rosco from Highway Machinery at $12, 000. (This truck is used. ) Motion was made by Mayor Pro Tem Hughes to accept the above bids and reject the Spreader. Seconded by Councilman Simmons. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Gaston - in favor, Councilman Fulgham - in favor, Councilman Spence - in favor and Councilman Martin - in favor. This motion carried with all in favor. AWARD OF BID FOR WASTEWATER TANKS: Received two bids and staff recommends the Peabody TecTank. Motion was made by Mayor Pro Tem Hughes. Seconded by Councilman Gaston. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor, Councilman Gaston - in favor, Councilman Fulgham - in favor, Councilman Spence - in favor and Councilman Martin - in favor. The motion carried with all in favor. CITIZEN PARTICIPATION: There were several representatives from the companies the Council awarded bids to, which thanked the Council for the award of the bids. COUNCIL DISCUSSION: Councilman Fulgham apologized for responding to a statement made by the Mayor. While he did not agree with the comment made by the Mayor he realized it was inappropriate to respond the way he did. Councilman Gaston commented that the total amount awarded for bids was $353, 809. Mayor Pro Tem Hughes hopes that the citizens can look forward to better streets. Councilman Simmons wanted to know about the parking lot B at the Library Community Center. He recalled that only parking lot A was decided on until the agenda item concerning the Community Center had not been discussed. City Manager Gus Pappas said he would suggest that the second parking lot (parking lot B) be left until next year' s budget. Council agreed. Motion was made by Councilman Spence to convene into Executive Session under authority of Article 6252-17 of V.A.C.S. Section 12, paragraph "g" Personnel Matters. Seconded by Councilman Martin. All in favor. Mayor Akin reconvened the meeting into open session. The action in Executive Session was the annual review of the City Manager. Mayor Akin said he and the Council are very supportive of the City Manager and the work he has been doing. Council recommended j!n unanimous agreement to give a 10% salary increase. Motion was made by Councilman Gaston to adjourn. Seconded by Councilman Martin. All in favor. John W. Akin, Mayor ' ATTEST ^ MINUTES PLANNING 4& ZONING COMMISSION TH0RSDAY» JUNE 13, 1985 ' The Planning & Zoning Commission for the City of Wylie, Texas met in regular session on Thursday, June 13, 1985 in the Council Chambers at City Hall . 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 Kent Crane, Chairman, Sarah Connelly, Nancy Conkle, Ken Mauk and John Hamilton, City Manager Gus Pappas, City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires, John Seeley and several citizens. APPROVAL OF MINUTES: Motion was made by Ken Mauk to approve minutes as submitted. Seconded by John Hamilton. All in favor. PUBLIC HEARING ON THE REQUEST FOR MOBILE HOME PARK AND B-1 ZONING FOR 96. 218 ACRES OUT OF THE ELISHIA M. PRICE SURVEY: This property is located at the intersection of South F. M. 544 and Vincent Road and is part of Abstract #1114. This property is also located in two counties, Dallas and Rockwall . The subdivision just south of this was questioned by City Council and some Planning & Zoning members. They questioned the fact that this subdivision did not meet the City` s requirements such as dirt road instead of pavement, and septic system instead of sewer. City Manager Gus Pappas said that at the time this subdivision was started it was just outside our e. t. j . . Shortly after the beginning of the subdivision the City of Wylie became Home Rule, and this is now in our e. t. j . but is grandfathered. This property is also adjacent to~Cottonwood Mobile Home Park. The mobile homes in Cottonwood are on septic tanks as are all the house in this area. Chairman Kent Crane stated that the Commission works on behalf of the citizens of Wylie, but since this area falls to residents outside the City limits the Board will listen to all pros and cons. Chairman Crane opened the public hearing for discussion. Nelda Peschke of Vinson Road said that basically she is not against mobile homes since she built her home across from Cottonwood Mobile Home Park. She also stated that she believes the City can annex property and not zone as the developer requested. She does not believe that the City can keep it up in the standards they have set. She also stated that the developer would not even try to keep it up. She also feels that the developer, will not go ahead with this project if the annexation is not granted. City Manager Gus Pappas said Collin County will only allow septic tanks on one acre per one resident home. It is possible to put more units per acre if you put in a more elaborate septic system. What gets lost in this is the belief that if the City of Wylie does not enter into this and provide sewer, the developer cannot get the density' This developer has already stated that he would put in his own sewer system in order to have his mobile home park. This developer is a licensed operator for sewer systems. Dan Lowe of 1136 Highridge Drive said he is the president of the Homeowners Association for Twin Creek, and they have 52 acres with homes. All of the homeowners oppose this mobile home park. The City is massing a great amount of people in this one hundred acre tract. The noise and traffic will deteriorate this addition. There will be a lot of traffic through Twin Creek and this is not what the homeowners want. ,� Karen L. of 2323 Vinson Road said that the point was brought out that there was not a choice of annexing and zoning this property. She does not see why the Council cannot annex and zone different from what has been requested. It would be more feasible to put in a single family residence. She would like to request the Commission to not feel like they are railroaded into zoning. this a mobile home park. Chairman Crane said that sometimes during the planning, the Board has to look at what is surrounding the tract of land. City Manager Gus Pappas said the action of the Mel Delaney tract is not due to the City not annexing, but is due to the fact that the City could not annex due to it not being contiguous to our present City limits. The City cannot control the use of land if it was in our e. t. j . , but the City could have made him put in concrete streets, large water lines and state the lot size. City Manager and staff members know if this property is annexed and zoned as a mobile home park that it will be developed with the city' s rigid standards. The courts will not allow a city to do away with mobile home parks. City Manager also said that he would assure this park would be developed by City standards. He also said that he could not say this park would disappear if not annexed. Roy Faires said this mobile home park started out with 700 units, but this will not comply with the ordinance therefore the plans have been limited to 500 units. Chairman Crane closed the Public Hearing and returned the item to the Commission table for comments. Sarah Connelly said she has parents that had lived in this area for twenty years. During that period of time they had problems getting police and fire protection. After annexation to Wylie this area will have police, fire and code enforcement protection. Sarah also stated that she lived in a mobile home park for nine years. She is very offensive to people saying drunks are all that live in mobile home parks. She also said that no matter what the zoning is there will be better controls from the City of Wylie than from Dallas County. Sarah can see nothing but good from this move. She also said that traffic through Twin Creek should not be a problem with the good roads of Elm and Pleasant Valley and Wells Road. These roads are wide paved roads. Chairman Crane asked the question about involuntary annexation and zoning, couldn' t the City legally zone it different. Yes, but it would not be ethical . , Motion was made by Sarah Connelly to recommend the City Council to zone this property as mobile home park and as B- 1 . Seconded by Ken Mauk. There were three in favor and two against. Chairman Crane called for a recess for a few minutes' Chairman Crane called the meeting back to order. . PUBLIC HEARING ON THE REQUEST FOR SF-1 ZONING ON 1 . 0401 ACRES OUT OF THE AARON WEST SURVEY ABSTRACT #979: This property is located on East Stone Road and is the site of the Rush Creek I lift station. Chairman Crane opened the public hearing, there being no comments or questions, the public hearing was closed. Motion was made by John Hamilton to recommend to the Council to zone this SF-1 . Seconded by Ken Mauk. All in favor. �� PUBLIC HEARING ON THE ANNEXATION OF 56. 287 ACRES AND 40. 129 ACRES OUT OF THE JAMES MCULMURRY SURVEY ABSTRACT #629: This property is located east of F.M. 1378 and north of the Birmingham Trust property. Chairman Crane opened the public hearing, there being no question or opposition, the public hearing was closed. Motion was made by Sarah Connelly to recommend this annexation to City Council . Seconded by Nancy Conkle. All in favor. PUBLIC HEARING ON THE ANNEXATION OF 71 . 38 ACRES OUT OF THE JAMES MCULMURRY SURVEY ABSTRACT #629: This property is located east of F.M. 1378 and north of Birmingham Trust property. Chairman Crane opened the public hearing, there being no question or opposition the public hearing was closed. Motion was made by Ken Mauk to recommend to Council the above annexation. Seconded by Sarah Connelly. All in favor. PUBLIC HEARING ON THE ANNEXATION OF 30 ACRES OUT OF THE G W GUNNELL SURVEY ABSTRACT #351: This property borders on the east by F.M. 1378 and on the north and west by Lake Ranch Estates. Chairman Crane opened the public hearing, there being no questions of opposition, the public hearing was closed. Motion was made by Ken Mauk to recommend to the City Council the above annexation. Seconded by Sarah Connelly. All in favor. City Manager Gus Pappas said that items seven, eight and nine will have to be pulled from the agenda due to not having corrected plats. Motion to adjourn by John Hamilton. Seconded by Nancy Conkle. All in favor. Kent Crane, Chairman 0 PETITION FOR ANNEXATION THE STATE OF TEXAS„ COUNTY OF COL.L_I N TO THE CITY COUNCIL L... OF THE CITY OF WYL._I F_, COLLIN COUNTY , TEXAS: NOW comes Stanley A. Moussa of the county of Dallas and the State of Texas, and represents _ City .. C- that l_1_., .�_r_E'�� City Council ka f t I i e said 1.;t Wylie, 1 t-•;;�� y he is t:I-n owner- or is acting for all of the owners or _ � . partnerships or corporation who are ownersoft.htc following a....a _ o described tract t land which a. _, contiguous andadjacent h i _ City t Wylie, in Collin County, Texas, : r o in which r • _ less than three ( Y) qualified voters, reside, described._i r.:i. Situated in Collin County, Texas in the James McUlrnurry Abstract No. 629 and being resurvey of all of a 56.31 acre tract as described in a deed from Abe T. Salih to B. B. Owens recorded in Volume 616 Page 341 of the Collin County Deed Records and beina more fully described as follows : BEGINNING at an axle rod found at the Northeast corner of the said tract; THENCE South 00 deg. 15 min.. 44 sec. Yest, along the East line of the said tract a distance of 961.98 ft. to a half inch iron stake set by a corner post in the Southeast corner of the said tract; THENCE South 88 deg. 28 min. 16 sec. West, with South line of the said tract a distance of 2553.42 ft. to an iron stake found at the Southeast corner of the said tract. Said stake being in the East right-of-way line of F.M. Highway 1378; THENCE North 7 deg. 10 min. 56 sec. East, with East right-of-way line of Highway a distance of 86.66 ft. to a half inch iron stake set at the beginning of a curve to the left with a central angle of 07 den. 38 min. 23 sec. and a radius of 1954.86 ft. The bearing in distance to the center of the radius being North 31 deg. 52 min. 24 sec. West, 1954.86 ft. : THENCE in a Northerly direction. along the East riaht• of-way line of said highway and along the said curve and an arc distance of 260.66 ft. to a half inch iron stake at the end of said curve; THENCE North 00 deg. 14 min. 45 sec. West, with the East right-of-way line of Highway 635.85 ft. to a half inch iron stake set at the Northwest corner of the said tract; THENCE North 89 deg. 03 min. 22 sec. East, with North line of the said tract 1449.24 ft. to an iron stake found; THENCE North 38 deg. 41 min. 33 sec. East, with the North line of tract a distance of 1080.76 ft. to the place of beginning containing 56.287 acres of land. 1A . . . ^ , ' � ` ' ` ^ ' ' PETITION FOR ANNEXATION CONT' D. PAGE 2 Said Stanley A^_MOVssa represents that he and all other, owners desire to be annexed to and made part of the said City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the ] and above described be annexed to 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 ___30j_ do , of .........mks~------------ 1985___' , ________-___ Signature - Stanley A^_ ________ ___ Please Print Name Add ess " Ddllas_________TX_____752O7_ City Texas Zip Telephone ` ^ � , . . . ' - ' ` � THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared Stanley A. MPusSd , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under my hand and seal of office this the 3rd day of May , l9815 Notary Public, Ddll8s County lexas , � � J PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: Now comes Stanley A. Moussa 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 corporation who are owners of the following described tract of land which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside, described as follows: Situated in Collin County, Texas , in the James McUlmurry Survey, Abstract No. 629, and being a resurvey of the called 40. 137 acre tract described in a deed from Thomas E. Carroll and wife, Cynthia Carroll , to Roy E. Jacobie, Trustee, dated November 10, 1980, and recorded in Volume 1324, Page 168, of the Collin County Deed Records and being more particularly described by metes and bounds as follows : BEGINNING at a 5/8 inch iron rod found at the Northeast corner of said 40. 137 acre tract in the East,line of said McUlmurry Survey, said rod being near a North-South fence and hedgerow; THENCE South 00 deg. 44 min. 46 sec. West, along and near a fence for a distance of 236.88 ft. to a 1/2 inch iron rod found at a fence corner post; THENCE South 00 deg. 33 min. 40 sec. West, along and near a fence for a distance of 437.74 ft. to a 3/4 inch iron rod found for corner; THENCE South 89 deg. 08 min. 21 sec. West, 2589.27 ft. across an open field with turnrow and along and near a fence to a 1/2 inch iron rod set for corner in the East right-of-way line of Farm Road No. 1378; THENCE North 00 deg. 16 min. 41 sec. East, 675.02 ft. with said right- of-way line to a 1/2 inch iron rod set at a fence corner post; THENCE North 89 deg. 09 min. 00 sec. East, 2593.36 ft. along and near a fence and across an open field with turnrow to the point of beginning and containing 40. 129 acres of land more or less. PETITION FOR ANNEXATION CONT' D. PAGE 2 Said Stanley A. Moussa represents that he and all other owners desire to be annexed to and made part of the said City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to 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 3rd day of May , 198 5 __. • Signature Stanley A. BQ .ssa Please Print Name 1451 Wycliff Avenue Address Dallas TX 75207 City Texas Zip .(214J 233-4499 Telephone r THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared Stanley A. Moussa , known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under my hand and seal of office this the 3rd day of May , 1 98_ 5__. W) . A1H)6 - Notary Public , )alias County Texas � PETITION FOR ANNEXATION THE STATE OF TEXASn COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE` LOLLTK [Ow- 1 . TEXAQ Now comes �� C�7� Bezkhum ______________ ___ of the Lc�"n� ,~ _________ and the State of Te` as, and . e[,, +4 , to the City Council of the said Citv of Wylie, | eas. he is the owner or is acting For -11 of the nwneri c' parLnerships or corporation who are owners oF tha yall � '. q , � described tract of land which is contiguous and 44 , ace"' r '� the City of Wylie, in Collin County . Texas, and in wi'i �/' less than three (3) qualified voters. reside, desc.' inc : �s follows: 71 '28 acres of land situated in the J.C. McDlmurry Survey, Abstract No. 629 and being more particularly described by metes and bounds on Exhibit "A" which is uccucbed hereto and made a part hereof for all purposes. ' �� - PETITION FOR ANNEXATION CONT` D. �A�L Said C'I. Beckham _________________ represents that :" s"� all other owners desire to be annexed to and made par ! M the said City of Wylie, Collin County, Texas, sub ` ect to ~ | | laws, rules and regulations of said City' Your petitioner , therefore, respectfully prays that me ion.1 above Jcscribed be annexed to the said City on Ny : / e, � e �s as provided by Article 974 (g ) of the REVlSED LML 1 ..T./lE� OF THE STATE OF TEXAS. Witness Me hand of this petztioner Phi the __25tb ................-____'._-8��iI_____, ) i/ \- . `'' ___ ___________________________ _ Szono, u" � C.T. Beckham, --------------------- ---- - - - - - Please Print 5580 LBJ Freeway Suite 650 " ' Dallas, TX 75240 214/387-8757 , � . THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on thin personally appeared C. ._Beckham________________, kn��, r� me to be the person whose name is so�scribed to : ,.e foregoing instrument , and acknowledged to me that /.+ executed the same for the purposes and consideration c|`e^ e ` /. expresses: Given under _ my hand and seal of offtce this the 2��k_ �ay-- - of 'Notary P6b1ic , Stacey B. Lake Dallas My commission expires 11/22/86 " ' ' � � • EXHIBIT "A" BEING a survey of a tract of 71.380 acres of land in the J. C. McULMURRY SURVEY ABSTRACT NO. 629, Collin County, Texas; and being described as the FIRST TRACT and SECOND TRACT in deed from J. W. Anderson to Joseph W. Gayden dated May 5, 1960; and said 71.380 acre tract being more particularly described as follow BEGINNING at a point in the center of F.M. Road No. 1378 that is 2644.0 feet North 00 deg. 15 min. 00 sec. East from the Southwest corner of said McUlmurry Survey, said southwest corner being in the North line of a 40 ft. Road running East; Thence Northerly, along the center of said F.M. Road, as follows: 1st. North 00 deg. 15 min. 00 sec. East-781.84 feet to the beginning of a curve to the right that has a Central Angle of 06 deg. 23 min. 00 sec . , a Radius of 1909.86 feet, a Tangent of 106.5 feet ; 2nd. Northeasterly, around said curve, 212.78 feet ; 3rd. North 06 deg. 38 min. 00 sec. East - 193.31 feet; THENCE North 88 deg. 40 min. 03 sec. East along the North line of said FIRST TRACT, 2595.0 feet to its Northeast corner, a point in the East line of said McUlmurry Survey (a fence line) ; THENCE South 00 deg. 15 min. 00 sec. West along said fence line on the East line of said Survey, 1185.36 feet to the Southeast corner of said SECOND TRACT; THENCE South 88 deg. 40 min. 03 sec. West, along the South line of said SECOND TRACT, 2628.46 feet to the point of beginning and containing 71.380 acres of land of which 1.223 acres lies in the right of way of F.M. Road No. 1378 leaving a net remainder of 70.157 acres of land. PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE , COLLIN COUNTY , TEXAS: Now comes jca:1_ of the County of _ - , and the State of TemCzo, and represents 6> 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 corporation who are owners of the follow_ i_ _ r described tract of land which is co k,tgious and adjacent to the City of Wylie, in Collin County, Texas, and in which has�1--� less than three (3) qualified voters, reside, described as follows: ,..., il rn..l- ,... ,; .r iil.l�: rlr ,.. �.. �,•; Il,..iil,._ 1 ! • _i. ' ' • „ ' 1 :• ; ; �., -: .: :' :��' 1 - �(_�'�<{1._ '�. t. l I j'1. • .. i r I r PETITION FOR ANNEX( TION CONT' D. PAGE Said _ - � _ _ _ _ represents that he and all other�� dwners desire to be annexed to and made part of the said City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, texas as provided by Article 974 (g) of the REVISED CIVIL. STATUTES OF THE STATE OF TEXAS. Witnes - he hand of this petit ioner- this the =�' day of --- - C�ictiY c_-� 1 98 ----- Si gn_ture r P1 ease Print-1 flame ow -Kim --- - (-cldr-ess Tot I l ail-)4_3 5 c_t ac LQc 323 03 City T e>:as Z.] p (90 38s - 2237_ _____ _ AN 1985 THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared &�'.C2 I. known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under and seal of office this the of ' �I , l98-A' _' ----- - 2401-0---1---���������� ��� Notary Public, County 'T ' , h:y ^ ' ' � � ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN,' COUNTY, TEXAS, A TRACT OF LAND OF THE ,� f,�__GU�ST SURVEY, ABSTRACT NO. 797, , UPON PETT I ON OF 44 _C44 ) WHEREAS, 'i jj • . ___ has filed a written petitio /o annex to the,..G6ity f Wylie, Collin County, Texas, t e tract of l and. herei naf ter 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 CI1Y COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit: • •♦o ' I 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 wsii DAY OF 198, John W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary . . . . ' PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLlN CUUu| , , TEXAS: No s the Count, of __ __ ____and the Stateub ~ p+w+ and represents to the City Council of the said City of Wylie, Texas, that he is thq owner or is acting for all of the owners or partnerships or coprorations who are owners of the following described tract of alnd which is within the City Limits of the City of Wylie, in Collin County, texas, and described as follows: ' '�^� � PETITION FOR ZONING C:ONT' I:). PAGE Said G i _ �. r �LtJ representsthat he and all ot.h`W owners desire ie zoning to be changed prom to --___----- -------- in accordance With the current Zoning Ordinance and inaI ing said zoning sub iect to the appropriate laws, rules, and regu1 at I en`_ of said City t'i relating to that classification of zoning. Your petitioner , therefore, respec.tful1 prays that the land above described bne zoned by the said City of Wylie, Teas, as provided by Article 974 (g) of the RE-:VISE_L CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand/�of this petitioner t.hi. _. the _ .. day dv of ar=-- 1 9i�-� __ 2X ar2 ;/4, Si gnature gnatur e Please Print nt Name _____/.. .. . .. ./._ 17;ff Street address Dr So;: No. — ..-.---..____ _�.. z.. ---•------ _ 7S i. t:.y_ Te Zip K = a . 3. - THE_ STATE OF TEXAS: COUNTY OF ( OL..L._1 N: Ie+or-F me, the under:sit. ed Nrota,r�y Public on thi = cis: _ per son a1 J. y appeared -� -AZ _ known to Me 1: i b the person whos time is sub sc--ri. bed to the t or-ED,: c_jlnca instrument,, and ack owl edged to me that he executed the _:arm for..' the purposes and considerat.i.on therein expresses: (3i von under my hand and seal of off i. co thi s the _.__da.,• '.).f. . -- 2(&:CC _'.___, 1.9 _ 4 4 : r Notar �,Oi1i. - o-l1in County, to;'as ,.. 7 . \N \\\ d\ I ;\�\ \ \ \ . -o- .P,';6 " STONE \ RO .- - .- �Di, 59 ! DEEQ' �, — Z55.G0' . . g� �s{ EAST , ,�.aj \ _ _ N /°4B '30 \\ 1 61 PLACE of 8E6/wwiN 6 f - TV \,ate d�kb tt �9p \, \ ,Bq� ---\. /. Oda' ,dC. �\ r1Z k» I \ _�� s ti ' (IN L ONN/E DUK ES\Z -S\ b b. \� ' TA P. 49e .4C. I tq VA ' GB. 35 AC . V. ?G3 P. 4.r/ Nc- \\:\\\'\ • '1 \ Q .\ \ Gyb ` i . , - . \ `P i \ ' i \\ \ ; \\ \- \ 20'E.45EMENT I \ 'ro /V. T M vv O • 'OO Y" ` ' - /08.0 �'"'� ; • y✓EST � g 18. 25 - \ \ I �1 P Q ti O / iA/ES; S I� P. V6 Y ) \ � M N n V I, i117c -TOilI-T' �79 I, v - - � ._-___ A I 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 opini t ha_nqe of zoning which is on application of should be granted and the '----ens� �---- ff--nce of the City of Wylie should be amended in the exercise of its legislative discretion: ` NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map'of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: ' ` Said property being desFribed as follows: �- 7 9� .� . - SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all Other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the proposes 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 ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY TH I COUNCIL OF T E CITY OF WYLIE, TEXAS, this the day of 19$,� . JOHN W. AKIN, MAYOR ATTEST. Carolyn Jones, City Secretary s . ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLINN COUNTY, TEXAS, A TRACT OF LAND OF THE 1:44"LS _Ul__1�� Ct�" SURVEY, ABSTRACT NO. _ //4/ , UPON PETT I ON OF Lc.._y v 1l�Jllellt /h3! ,0 / WHEREAS, &:_e_,_Veg_44tigALL ha f ' efijd � written petition to annex to the City of Wylie, 6ot ulitSf, 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: 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 .j17/4 DAY OF 19a.5_ John W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary , v' � . ' ' PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: ` TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: No w comes _lL_C. OgvgloOmen1 Ltd._tL___ of the County of ____{WBaa_______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 partnbrships or coprorations who are owners of the following described tract of alnd which is within the City Limits of the City of Wylie, in Collin County, texas, and described as follows: ^ ' -� ? PETITION FOR ZONING CONT' L. PAGE_ Partner of C . C. Development Ltd. #1 Said J3Q,ge..r�.� Finholt r, Managing represents that he and al 1 other owners desire the zoning to ,bed changed from --- ___•__-- to QL `.(_ n2QLe�f eirSd accordance with the �Cur-r-ent 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, respectful1 prays that the 1 and above described bne zoned by the said City of Wylie, TeX as, as provided by Article 974 (g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the:.• hand of this petitioner this the 4th day of Aaril , 199 5 __ — -- i) ,i) r /- - — ___C>,-- -C1 f -- --- Signature i y Roger C. Finholt` Managing Partner Please Pr i r t Name of C . C. Development Ltd. , inc. -i.1 .Wke-.s -------.-------.'-.- - --- Street address or BCD : No. __Irving_ TX 75061__ __- -- City Teas Lip 214/399-1666 - Tel V . . ^ THE STATE OF TEXAS: COUNTY OF rxRIxIxRN: DALL/\S: Before me, the undersigned Notary Public on this day personally appeared C-._Einho|t , known to me to be the person whos name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same for the purposes and consideration therein expresses: Given under my hand and seal of office this the __4t}l__day of —\���vV��-�--� eNotary . ub^ c , KC�� }{X X{�CX ` a||as Texas - ^ ' STATE OF TEXAS p COUNTIES OF DALLAS AND ROCKWALL BEING a tract or parcel of land out of the Elisha M. Price Survey , Abstract Number 1114 , situated in Dallas and Rockwall Counties , and being composed of two tracts of land being a 36 . 39 acre tract described in a deed from Media Kreymer to Orville Kreymer , Dr . G. C. Kreymer , J . C. Kreymer , Archie Kreymer and Biii Kreymer , as recorded in Volume 222 , Page 0423 of the Deed Records of Dallas County and a 60. 856 acre tract described in a deed from Maude Ethyle Moss and Thomas B. Moss to Media Skelton Kreymer as recorded in Volum 963 , Page 0873 of the Deed Records of Dallas County , Texas and being more particularly described as follows : BEGINNING at an iron pin found for corner , said iron pin being the most Northerly Northeast corner of Cottonwood Park -Section Ill according to the plat recorded in Volume 71164 , Page 048 of the Deed Records of Dallas County ; THENCE , North 86° 53 ' 47" West , along the North line of said addition , a distance of 271 . 70 feet to an iron pin found for corner : THENCE , North 38° 42 ' 15" East , a distance of 578 . 54 feet to an iron pin found for corner in the Southeasterly right -of -way line of Vinson Road ( 60 ' R.O.W. ) ; THENCE , North 50° 33 ' 59" East , along said Southeasterly right -of -way line , a distance of 614 . 80 feet to an iron pin found%for corner ; THENCE , North 85° 37 ' 12" East , a distance of 210. 17 feet to a P. K. nail •found for corner in the centerline of F .M. 544 ; THENCE , South 45° 00' 00" East , along the centerline of F .M. 544 , a distance or 412 . 50 feet to a P.K. nail found for corner ; THENCE , South 44 ° 36 ' 56" East , continuing along said centerline , a distance of 2724 . 21 feet to an iron pin found for corner , said corner being the most Easterly corner of the Elisha M. Price Survey , Abstract Number 1114 ; THENCE , South 45° 52 ' 02" West , along the Southeasterly line of said Price Survey , a distance of 1283 . 41 feet to an iron pin found for corner ; THENCE , North 45° 36 ' 23" West , departing said survey line , a distance of 2358 . 40 feet to an iron pin found for corner in the Easterly line of the aforesaid Cottonwood Park , Section III ; THENCE , North 04 ° 46 ' 31 " West , along said Easterly line , a distance of 230 . 96 feet to an iron pin found for corner ; THENCE , North 43° 37 ' 36" West , along the Northeasterly line of said addition , a distance of 513•. 55 feet to the point of beginning and containing 96 . 218 acres of land , more or less . ( 4 , 191 , 252 . 673 sq . ft . ) SURVEYOR' S CERTIFICATE „N 85° 37.12” E — 210 17' �� —S45°00' 00"E-412.50' /r / - . -- F M ► I, 5 4 4 2724 21 --7 �. :r� r. ,� \ y. .1y rr 01 v c _P co , :11. 96 . 2 / 8 ACRES° z to \\\ }(_lv. Y o \ N to 0 / N43°37'36"W- 5/3. 55'``` J<K' N 04°46.31"W- 230 96'-�""\ S -'N 86°53'47"W- 271 70' c -- -- \ POINT Of BEGINNING N 45° 36'23"W 2358. 40' . . ti. \L Q \ 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 th t he aid change f zoning which is on application of � �.., , t-.� J_ should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: Said property being described as follows: c_cie2 aeQX444e SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and al,k .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'Tzoning 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 'val:idity 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 ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper 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 _ Qg.�,t,4 day of __ 198„�_. G%7 JOHN W. AKIN, MAYOR ATTEST: Carolyn Jones, City Secretary • ' • C"S y • CITY TRACT 7.136 Acres BEING a tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, of Collin County, Texas, said tract being part of a 74.54 acre tract of land recorded in Volume 584, Page 158, of the Deed Records of Collin County, said tract also being part of Tract "B", 286.398 acres, as surveyed by Harry B. Carroll , Registered Public Surveyor No. 986, and being more particularly described as follows: COMMENCING at a point at the southwest corner of a 74.54 acre tract conveyed in Volume 584, Page 158, said point being the point of intersection of the centerline of a dirt road with the northerly R.O.W. line of State Hwy. No. 78 (R.O.W.. varies), and the beginning of a curve to the right having a central angle of 7 deg 20 min 10 sec, a radius of 2864.79 feet,and a chord bearing of N 87 deg 48 min 55 sec, 366.55 feet; THENCE along said curve and along the northerly R.O.W. line of State Hwy. 78, an arc distance of 366.80 feet to a point; THENCE continuing along the northerly R.O.W. line of State Hwy. 78 as follows: S 88 deg 31 min 00 sec E, 556.80 feet to a point; N 01 deg 30 min 00 sec E, 8.00 feet to a point; S 88 deg 31 min 00 sec E, 311.48 feet to the POINT OF BEGINNING. THENCE N 01 deg 29 min 00 sec E, leaving the northerly R.O.W. line of State Hwy.78, 776.00 feet to a point for corner; THENCE N 76 deg 23 min 11 sec E, 389.44 feet to a point for corner; THENCE S 01 deg 29 min 00 sec W, 877.43 feet to a point for corner in the northerly R.O.W. line of State Hwy. 78; THENCE N 88 deg 31 min 00 sec W, along the northerly R.O.W. line of said State Hwy. 78, 376.00 feet to the POINT OF BEGINNING, and containing 7.136 acres of land. -e-/6 C,M \ clP N DES In 50�1 a s'°ice, d = 12°17 40" --- 14 d = 16°C0'.50" �0 0° - 622 488 RpI�ROAD R 2932 79' �j L 1240.18 FE -- O _• -. T = 412 54' �OJ1 STATE tai L = s19 7o' 51°0- 0 TOPS-- f '' / 0.6 xrC o I qa5.v9 2691 ''� O IPs. 602 / ^ eos 2ed to ' yeme N.M. c., of ie eI a<.. r.e<I) S"7 '11•E /f !/ 0 1^c- o'L3 P,Qe11^ PelEof vol. Sea _ Pa use N 76 8 erlc°^ Pq-620 a.Cp. J .PS AiS� 'In- 401-6O4 toe(II Pce LI vI - i 4RI i ' ! � o - mena 5 Pg-18� lP 93 / ' - _ w Vol. I I �' l' / 60 Wide road N O // //i Easement N 78°02 _ 5 PP1.• ' / -- 569.44 N-Ol°06r02"E. �' P PL 265.4 4_% R.RI // I N76o23 1,'E _ i 117.74. • PP /� d = 12°48'36 • 2 ' RR - R - 5679.58 N I is T.P. 8 L. Esm t. Vol. 491 Pq. 153 T = 637.56' ti (One Pole Only) L = 1269 81 Q ItRRI CC 1P5 .PP 0 O t O a O m I . 7.136 ACRES 0" Uo. h PP 2 / o c R = 07° .7 ' 0 0 � , R = 2864.79� w ç Zs I = T = 183.65 r.o c 1 o' I I a- m L = 3 6 6.8 0' oI W V PP v N N W CiI o o O 2 � uc z rn CV a. O O 2 1D I S IICY ,l r• 34 a �<.• r, _I S OI°30.00"'N .,I Se• 'I .'e 8.00' O N 3:I 48' I 376.00' t,t 312 25'_ t �3.60' 7. 136 ACRE TRACT 2 z N 88° 31 70'W 55680' N 88°31.00 W 999.73 J BECKHAM PROPERTIES 0 '• 6-18-85 '" I". 200' 5'4," 1 STATE HIGHWAY NO. 78 ( Variable P.O W ) // BLN I !.7. NELSON ENGINEERING CORPORATION /1 CONSUETIhC ENGINEERS CITY OF' WYL.IMC 114 N. BALLARD ST. - P.O. BOX 428 WYLIE TEXAS 75098-0428 MEMORANDUM June 20, 1985 TO: Gus Pappas, City Manager FROM: I .W. Santry, Jr. , City Engineer SUBJECT: June 10, 1985 Water & Sewage Pump Bids Water Pumps It is the City Engineer' s recommendation that the City of Wylie award the water pump bid for 3-600gpm (Paco 3014-6 pumps) and 1 -1 ,000gpm (Paco 4015-6 pump) to Bowles & Eden Company of Dallas , Texas in accordance with the City ' s specifications as opened at 2 :00p.m. on Tuesday, June 11 , 1985. Several of•the bidders did not complete the bid sheets as prepared in all respects as noted on the attached Water pump analysis sheet. The major point in recommending the Bowles & Eden Paco pump bid is the annual cost based on kilowatt usage, the depreciation and estimated maintenance rather than the lowest firest cost. All pumps were treated the same in the analysis . Sewage Pumps It is the City Engineer' s recommendation that the City of Wylie award the Sewage pump bid for 2-600gpm (Paco 58-412-11 Pump & Impeller 1364) with control panel , access doors, and ball values in accordance with the City' s specificiations as opened at 2 :00p.m. on Tuesday, June 11 , 1985 to Bowles & Eden Company of Dallas, Texas . Several of the bidders did not complete the bid sheets as prepared in all respects as noted on the attached Sewage Pump Analysis Sheet. The major point in recommending the Bowles & Eden Paco Pump bid is the annual cost based on kilowatt usage, the depreciation and estimated maintenance rather than lowest first cost. All pumps were treated the same in the analysis . Bill Windham, Director of Public Works concurred with I .W.Santry' s , City Engineers recommendations . , n m 0 CITY__ o/c W YL/ C A ` c _ {9NAL Y 3l3 c ` . 4 u_NF I/ /yS W * it , P a3a, . _ > > J u IL, M Pt L t _ �.._ k iv D of✓aY O 0tsi t T Tcti r,� L Cos T __PC'k erosT. 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Z.z.. 7 3 4, C7 /0 _Co _Z, 79ca;oe 6,_9 7.o,oo //., G 79_ • q-o Z9,°S3 23 6 /,`000 37 _ 7 7 70 / 0 . 7•-`-'-- 3, 96-8. 64; -3, °is'B♦ oa -19,1-31.-5-o 27, (2-0._ 2 0 11 CA" N0T 3upPLiFD /.) s R6:- uc=,ram D o,N B ifl Sr/F�r- plc T 0 N ('u k vc's /a dAi, A ,- c — K-L'F=c& rcc !/i9 c c.-c n m c-) _ < I __s9F 1IVYLI o211 . • /�1 hi L.y 5i.3 nF *id L/A-/F /.r,./g 8S. _ SEV P .2o _.{i,As__ . _ ,., > 6 z * . ,I .P CLrI/E,8,r LI N/ -i TfJ /� • _ _ o - _- /_ o (_>OST �tiQ CDC �,ce g i D D E R ?'_ . . .Y1 U �N:E 2 Pr"e c e� -p1 .1 G G= O nrG y� Q, cF Pit t F F,,.q a /� �+ /�Gf....�j P_ 1?.� l;J N Q �__ ' .._... L UJ rti ' l.22 . _ _ :...13.:11.P / cam a, __J D :.4k' `� _.._. n'' . 1 14(47-.4 k (ci°.16rs). Lc4 Olio) )°`6"1 -�U t ! bCO _- n _ ___.-_.._ _ __ G�lo E i� � �6rlQIII W 1`L-.:/ G- .i Co/2 PoRI4noA,..___6 00... 7 3 +'� FLY er .1 7...0..__.... .. +.6.? ,.... ... �! �7;00 �3�-G38:oo v 93¢ # �� ! 6' k z j [ o J p ft r: _ .t-r, r/+ Pu M r . j,DO. Jlc� , a, 6 -� ¢ p �, s' 52., �,.3 .�Gy,00 --- N z � x NYDeo MAT/C. -_f ZSp Ct- ..._.6 7. 1f' c _.... (�._5 k Ste'_ -..__.� 783..00 !/ ..: "4b:.Oc; ` i `b .0 : 4 - H Pci N p co. 6 0 0 ,s,...... S_Sr :gip # 1 z 5Q 6,9.7ss '3, -1_.oc. 3e 60 J. P.A-r- /a 1•N-r-c-rz N.arron. 1 257o - Zo 0 0 3 D OO go.or� i b o.e}.._ .:.f .. h 4- 6 4- __ )[0 . �.cv ss 8,00 j t/ ,oo ._ io, O i z d ' 25-O /0__... ram^ _7/ GL 2C) / 208 o,00 /.4.5-96.Q : 4,.& 3,_5-- _. . 1 O T . S J.P P L / 6 0 . .. 11 ',,. - : 1e t= p. . d --. 8 , A _ tin, c C-C L= I S 3i 6 Ck; . - . " 0_ Vh.L UG c;- 7-L---,e /i / , ' F__A : AIs 7f� c 1 li A i c, G= I^ : } rr L }--- /, c/C • Sfi.4.1'.'i I/ //111 /till At4.4 1 9 8 4 aC H E V R O L E T LAKESIDE CHEVROLET CO. 1-30 AT S. H. 205 P. 0. BOX B ROCKWALL, TEXAS 75087 PHONE 722-5311 DALLAS 226-3468 June 10, 1985 CIty of Wylie P 0 Box 428 x Wylie, Tx 75098 ,Dear Sirs; - We are pleased to submit the following bid on a new 1985 Chevrolet 3/4 ton Pick-up truck. The truck would be equipped as per the attached bid specifications. Total price $11 ,768.00. lr, , Truck would be available for immedate delivery as equipped . It is to late in the model year to order from factory; however, we have in stock the truck equipped as listed on specification sheet. Thank you for the opportunity to place this bid. r Sinc el , Joe rington CHEVROLET taking charge e-tr GENERAL FUND Monthly Report for May Bank Balance as of April 30, 1985 333 ,007 . 95 Revenue Deposits 74 ,871 . 22 Interest Earned 1 ,986.45 Total Revenue 409 ,865.62 Expenditures 94 ,888. 77 Bank Balance as of May 31 , 1985 314 ,976.85 UTILITY FUND Monthly Report for May Bank Balance as of April 30, 1985 87 ,754 .24 Revenue Deposits 65,944. 56 Interest Earned 526.97 Total Revenue 154 ,225. 77 Expenditures ' 79 ,646. 77 Bank Balance as of May 31 , 1985 74 ,579.00 GENERAL REVENUE SHARING FUND Monthly Report for May Bank Balance as of April 30, 1985 37 ,579. 52 Revenue Deposits -0- Interest Earned 203. 76 Total Revenue 37 ,783.2 ' Expenditures 10 ,671 .00 Bank Balance as of May 31 . 1985 27 ,112. 28 GENERAL OBLIGATION INTEREST & SINKING FUND Monthly Report for May Bank Balance as of April 30, 1985 26 ,935.21 Revenue Deposits -0- Interest Earned 147 . 33 Total Revenue 27 ,082. 54 Expenditures -0- Bank Balance as of May 31 , 1985 27,082 . 54 WATER & SEWER REVENUE BOND INTEREST & SINKING FUND Monthly Report for May Bank Balance .as of April 30, 1985 91 , 173.94 Revenue Deposits -0- Interest Earned 403. 70 Total Revenue 91 ,577.64 Expenditures 40,608.27 Bank Balance as of May 31 , 1985 50,969.37 WYLIE PARK & RECREATION DEVELOPMENT FUND Monthly Report for May Bank Balance as of April 30, 1985 9,620.82 Revenue Deposits _0_ Total Revenue 9 ,620_82 Expenditures 1 ,370. 26 Bank Balance as of May 31 , 1985 8,250. 56 PETTY CASH FUND Monthly Report for May Bank Balance as of April 30, 1985 4 ,794 .66 Water Deposits 2 ,350.00 Total Revenue 7 ,144.66 Expenditures 32.48 Funds Transferred to Water & Sewer Deposits Acct. -0- Bank Balance as of May 31 , 1985 7 ,112. 18 WATER & SEWER DEPOSITS Monthly Report for May Bank Balance as of April 30, 1985 39 ,516.04 Interest Earned 212.41 Funds Transferred from Petty Cash Fund Total Revenue _ 39,728.45 Expenditures -0- — Bank Balance as of May 31,' 1985 39 .728.4� �G REFUSE DEPOSIT FUND Monthly Report for May Bank Balance as of April 30, 1985 4 ,184 .85 Revenue Deposits 455.00 Interest Earned _0_ Total Revenue 4 ,639.85 Expenditures _p_ Bank Balance as of May 31 , 1985 4,639.85 WATER AND SEWER IMPACT FUND Monthly Report for May Bank Balance as of April 30, 1985 94 .709.18 Revenue Deposits 11.750.Q0_ Interest Earned 667. 13 Total Revenue 107.126.31 Expenditures 3 .821 .28 Bank Balance as of May 31 , 1985 103.305.03 "_Y STREETS AND DRAINAGE IMPROVEMENT FUND Monthly Report for May Bank Balance as of April 30, 1985 132 ,867 . 52_____ Revenue Deposits 22 .417..1?__—_ Interest Earned 878.01 Total Revenue 156 ,162 . 72 Expenditures -0- Bank Balance as of May 31 , 1985 156 ,162 , 72 /