07-23-1985 (City Council) Agenda Packet �- 4./
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AGENDA
REGULAR MEETING
CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
TUESDAY , JULY 23, 1985
700 00 P.M. CITY HALL
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
1 1-7 Consider approval of minutes .
2 8 Consider appointment of City Judge
and Prosecuting Attorney .
PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS
3 9-10 Consider approval of amendment to
ordinance No . 84 -12 (Fee Ordinance )
setting fee for machine sweeping ,
by City crews of private property
and parking lots at $ . 05 per 100
square feet per occurrence ; and
increasing the fee for construction
water meters to $250 . 00 .
4 11-23 Consider approval of ordinance to
establish regulations for the
discharging of waste ( pollution
control) .
5 24-25 Consider approval of amendment to
Ordinance No . 83-18 regulating
Mobile Home Parks .
6 . 26-27 Consider approval of Mobile Home
Park Zoning Moratorium Ordinance .
7 28 Consider approval of amendment to
Subdivision Ordinance .
8 29-33 PUBLIC HEARING - Conduct first
public hearing on the annexation of
10 . 038 acres out of the J . D .
Shelby Survey Abstract 819 and the
N. A . Atterbury Survey Abstract No .
1763 located east of FM 544 and
North of Vinson Road .
9 34-37 PUBLIC HEARING - Conduct first
public hearing on the annexation of
2 acres out of the W . M. Sachse
Survey , Abstract 835 located on FM
544 near Steel Industrial Park .
(Lot 2 of the Jacobs Addn . )
NEW BUSINESS
10 38-58 Consider approval of contract with
Harold Holigan - Southfork Ltd .
11 59-60 Consider approval of delinquent tax
contract with tax attorney .
12 61 Consider acceptance of public
improvements in Rush Creek II .
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13 62 Consider approval of construction
plans for Westside Industrial Park .
14 63 Consider approval of plan for
constructing road through "The
Meadows" to the middle school
driveway .
15 64 Consider approval of Hooper
Business Park .
16 65 Consider approval of construction
plans for East Ridge Addition .
APPROVAL OF PURCHASE/PAYMENT
17 66 Consider authorization to purchase
second mowing tractor .
18 Consider authorization to enter
into lease/purchase agreement for
street equipment .
19 67-71 Consider approval of bank
reconciliation statement .
GENERAL DISCUSSION
20 Citizen Participation .
21 Council Discussion .
22 Recess open meeting .
EXECUTIVE SESSION
23 Convene Executive Session under
authority of Article 6252-17 of
V.A.C. S . Section 2 paragraph "g"
personnel matters .
24 Reconvene open meeting .
25 Consider action on matters
discussed in Executive Session .
26 ADJOURN
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CITY COUNCIL MEETING
MINUTES
JULY 9 , 1985
7 :00 P . M.
The Wylie City Council met in regular session on Tuesday ,
July 9 , 1985 at 7 :00 P . M. 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 Mayor John Akin , Mayor Pro Tern Don
Hughes , Councilmen Percy Simmons , William Martin , Randall
Gaston , Harold Spence and Joe Fulgham , City Manager Gus
Pappas , City Secretary Carolyn Jones , Public Works Director
Bill Windham , Elayne of the Wylie , and Torn Mayes and other
citizens .
APPROVAL OF MINUTES : There being no corrections or
additions to the minutes , motion was made by Councilman
Spence to approve as submitted . Seconded by Councilman
Martin . The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tern Hughes- in favor , Councilman Simmons - in
favor , Councilman Gaston - in favor , Councilman Fulgham - in
favor , Co'u'ncilman Spence - in favor , and Councilman Martin -
in favor . This motion carried with all in favor .
APPOINTMENTS TO VARIOUS BOARDS.: Mayor Akin moved this item
to the end of the agenda , since it would probably take a
little more time .
SECOND PUBLIC HEARING ON THE. ANNEXATION OF 56 . 31 ACRES AND
40. 129 ACRES OUT OF THE JAMES MCULMURRY_SURVEYL ABSTRACT NO .
629 : This property is located east of FM 1378 and north of
Birmingham Trust Land . Mayor Akin opened tale public
hearing , there being no questions or opposition , the public
hearing was closed .
SECOND PUBLIC HEARING ON,.THE, ANNEXATION OF 71 . 38 ACRES OUT
OF THE JAMES MCULMURRY SURVEY ABSTRACT 629 : This property
is located east of FM 1378 and north of the Birmingham Trust
Land . Mayor Akin opened the public hearing , there being no
questions or opposition , the public hearing was closed .
SECOND PUBLIC HEARING ON THE ANNEXATION OF 30 ACRES OUT OF
THE G . W. GUNNELL SURVEY ABSTRACT 351 : This property is
bordered on the east by FM 1378 and on the north and west by
Lake Ranch Estates . Mayor Akin opened the public hearing ,
there being no questions or opposition , the public hearing
was closed .
RENEWAL OF CONTRACT WITH REGION 10 FOR TAX SERVICES : This
contract is in effect a sub-contract of our tax appraisal
services which provides for the printing of statements and
delinquent notices , and for the posting of payments
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received . This is a standard contract entered into each
year by the city of Wylie . Motion was made by Councilman
Gaston to approve and sign the renewal contract . 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 .
ABANDONMENT OF LAND DEDICATION - ORIGINAL SITE OF RUSH CREEK
1 LIFT STATION : This property was originally owned by Roddy
Groves . This act will make official the council ' s
relinquishing of any claim to a tract of land to be used for
lift station purposes on what was Mr . Groves ' property .
Motion was made by Councilman Fulgham for the abandonment of
the land for the Rush Creek 1 Lift Station . Seconded by
Councilman Martin . The vote was as follows : Mayor Akin - in
favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons -
abstained , Councilman Gaston - in favor , Councilman Fulgham
- in favor , Councilman Spence - in favor , and Councilman
Martin - in fay.p.F . This motion carried with 6 in favor and
one abstention .
RENAMING OF N . BALLARD ST. FROM JEFFERSON TO SH78 TO MAIN
ST. : Councilman Martin feels this would be confusing to
rename a portion of N . Ballard . This would mean you would
drive one block and be on another street . Other councilmen
felt the same . Motion was made by Councilman Simmons to
leave the name as Ballard Street and not change it at this
time . Seconded by Councilman Gaston . The vote was as
follows : Mayor Akin - against , Mayor Pro Tem Hughes - in
favor , Councilman Simmons - in favor , Councilman Gaston - in
favor , Councilman Fulgham - against , Counci+lman Spence - in
favor , and Councilman Martin - in favor . This motion
carried with five in favor and two against .
CITIZEN PARTICIPATION : Were no citizens present .
COUNCIL DISCUSSION : Councilman Fulgham wanted to know where
we stood on the participation of street repairs . City
Manager Gus Pappas said they were running test on what was
going to be needed to re-do Kirby St . and then we would be
above to give a cost estimate on worse extremes and best
extremes , then we would make a request for participation
from the property owners . Councilman Fulgham said the
reason for asking the question was to see if we were ready
to announce to the public about the street program . Mayor
Akin said that was the reason for the picture in the paper .
This would help to let the public know that we are in the
process of starting a street program .
Councilman Gaston asked about the mobile home percentage for
place a moratorium on mobile homes . City Manager Gus Pappas
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said he had heard from the City Attorney and the ordinance
sent to him on this subject was ok . This should be back to
the city staff in a few days and then it will appear on the
next agenda for Planning and Zoning and City Council .
Councilman Gaston also wanted to know if we had heard from
the Highway Department about the signals at Highway 78 and
Kirby . City Manager Gus Pappas said we were working with
the Highway Department and they are also aware of the city
going to widen Kirby Street .
Mayor Pro Tem Hughes said he was at the park today and it is
in need of cleaning up again . The city has been mowing the
park all summer for WSA . WSA is not picking up the trash
around the grounds as they should be doing . City Manager
Gus Pappas said the city has been mowing because WSA
equipment is now working . City Manager also said there was
a meeting last night of WSA and John Morgan said it was
their (WSA) responsibility to clean up the park . Mayor Pro
Tem Hughes also said he had been down at Public Works
service center and was very proud of the way the men were
taking care of the new equipment . The men have a better
attitude about their jobs and their equipment .
Councilman Spence said the ditch along Akin Lane has washed
out up around the cemetery , can the city fill this ditch
with dirt and re-pave the road in this area . City Manager
Gus Pappas asked Councilman Spence if he could come by the
office one day and both of them would go out and look at
this area .
City Manager Gus Pappas reported that the clerical work has
been completed on the first set of involuntary annexations .
There will be a total of 2 , 940. 156 acres o.f land annexed .
The largest amount of land being annexed is the sections of
Lake Lavon . The sections of land which are a part of Lake
Lavon will not be counted on the 900 acres that we are
allowed to annex .
City Manager also reported that the traffic counter is in
and will be placed on streets that the council would like to
see it on . If the council would like to see the traffic
counter on certain intersections , they can contact Bill
Windham .
City Manager Gus Pappas said that Barron Cook was going to
have the survey of the property done and then we would annex
the property . The public works crew will start soon hauling
dirt onto the property to begin site preparation . Staff is
trying to work up a list of specifications for the building .
The city should be responsible for the water and sewer lines
up to the foundation , cost of the survey and the cost of the
site preparation . City Manager Gus Pappas will call a
meeting of the building committee as soon as he has a draft
of the specifications .
Mayor Akin wanted to know the time frame on Kirby Street .
City Manager Gus Pappas said the end of July . The public
works crew will begin the middle of July with the
preparation and should be completed the first of August .
The crew will be widening the street for two complete lanes
of traffic .
Mayor Akin wanted to know about the west Wylie water line .
City Manager Gus Pappas said it was progressing well until
the backhoe broke down . The line has reached the corner of
FM 1378 and the Gin area . It will go up to the Lake Ranch
Estates and across the FM 1378 to the cement plant .
Mayor Akin said there seemed to be a misunderstanding about
the budget work shop . This was discussed for July at the
last council meeting . Is it the date that is a problem and
if it is , then a new date can be set . This is a meeting
that we would like to have all the council present for .
After much dicussion , 'August 3rd was set for an all day
work session for the budget .
APPOINTMENTS TO VARIOUS BOARDS : After some discussion , the
following appointments were made to the various boards :
Planning & Zoning Commission :
Brian Chaney to replace Bryant Barry
Don Montgomery to replace Sarah Connelly
Ben Scholz to replace Nancy Conkle
Kent Crane requested to stay until 1987
Ken Mauk requested to stay until 1987
Park Board
Morris Love to replace Duane I-ielmberger
Peggy Sewell to replace I)on Whitt
Jayne Chapman to replace Nancy Conkle
Zoning Board of Adjustments
Cleo Adams to replace Brian Chaney
Construction Code Board
Mike Worthington to fill vacancy
Raymond Sweeney to fill vacancy
Marvin Blakey to fill vacancy
Library Board
Reta Smith to fill vacancy
Motion was made by Councilman Martin to appoint the above to
serve on the various boards . Seconded by Councilman
Simmons . The vote was as follows : Mayor Akin — in favor ,
Mayor Pro Tem Hughes — in favor , Councilman Simmons — in
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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 .
Motion was made to adjourn by Councilman Gaston , seconded by
Councilman Martin . All in favor .
John W. Akin , Mayor
ATTEST:
Carolyn Jones , City Secretary
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PLANNING & ZONING COMMISSION
MEETING - MINUTES
JULY 11, 1985
The Planning and Zoning Commissioh for the City of Wylie,
Texas met in regular session on Thursday, July 11 . 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 Chairman,
Kent Crane, Brian Chaney, Ken Mauk, Bill Chapman , City
Manager Gus Pappas and City Secretary Carolyn Jones.
Four members of the board were absent, Sarah Connelly,
Bryant Barry, Nancy Conkle and John Hamilton.
Chairman Kent Crane called the meeting to order .
APPROVAL OF' MINUTES: There being no corrections or
additions to the minutes, Ken Mauk made a motion to approve
as submitted. Seconded by Bill Chapman , all in favor .
PUBLIC HEARING ON THE ANNEXATION OF 10. 038 ACRES OUT OF THE
J. D, SHELBY6SURVEY. ABSTRACT 819 AND THE N. A. ATTERBURY
SURVEY, ABSTRACT 1763: This property is located east of FM
544 and north of east branch of Vinson Road. It is located
in both Dallas and Rockwall Counties. Chairman Kent Crane
Opened the public hearing, there being no questions or •
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opposition, the public hearing was closed, aici this item
returned to the commission table. Ken Mauk wanted to know
if this property would come in as agricultural . City
Manager Gus Pappas said only for a while, that after the
annexation hearings, there would be zoning hearings and a
zoning ordinance signed. Bill Chapman made the motion that
this 10. 038 acres be recommended to the City Council for
approval for annexation. Seconded by Ken Mauk, all in
favor.
PUBLIC HEARING ON, THE ANNEXATION OF TWO (2) ACRES OUT OF THE
WILLIAM SACHSE SURVEY, ABSTRACT 835: This property is
located on the southeast corner of FM 544 and Steel Road ,
which is just north of and adjacent to Steel Industrial
Park. Chairman Kent Crane opened the public hearing , there
be no questions or opposition, the public hearing was closed
and this item returned to the commission table. Brian
Chaney wanted to know if this property would be
grandfathered, or would it have to come up to city
standards. City Manager said yes, it would have to come up
to standards with zoning, but their building was pre-
existing so it will have to remain. If at a later date, they
decide to add on to the building, then it will be brought up
to all our building codes. Motion was made by Brian Chaney
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to recommend this 2 acres to the City Council for approval
for annexation. Seconded by Ken Mauk, all in favor .
Motion was made by Ken Mauk to adjourn. Seconded by Brian
Chaney. A11 in favor.
Kent Crane, Chairman
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CITY OF ..14, -- --- _,: WYLIE POLIO-. '.`E_ ' .ft i-M,_ N .-
\IyIie - ,
,(Yr 1 'yam,/
PnLICE
17 July 1985
TO: Gus Pappas, City Manager
FROM: R. D. Abbott, Chief of Police
RE: City Prosecuting Attorney
I wish to recommend that CaMille Elliott's appointment as City
Prosecuting Attorney for the City of Wylie be terminated at
this time..
CaMille has not been able to make the last two Court appearances,
and in the past has been unable to attend (often giving no notice
of this) and also has been late to Court on many occasions.
As we currently have Court only once a month, it is very important
that we have someone that is more dependable.
I have discussed with you before the possibility of appointing a
"more local" Judge, one that is more accessible than Bob Beasley--
and possibly appointing Beasley as the prosecuting attorney. . .this
is still important. I would, in the interim however, consider having
Beasley provide one of his colleagues as prosecutor, if possible,
each Court night until the time that we make a change in our current
Court staff.
R. D. Abbott
Chief of Police
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 84-12 ; AMENDING SECTION
O*D1H�tA1�H H. NVD»pA1tAG1tAYN $ CONSTRUCTION METER CHARGES;
O D ADDING A NEW SECTION $0, SWEEFING/CLEANING OF PRIVATELY
OWNED PARKING LOTS , STREETS. ETC; PROVIDING FOR PUBLICATION;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY.
WHEREAS , the City Council of the City of Wylie has
determined a need to increase the charges for construction
meters ; and a need to create a fee for sweeping privately
owned parking lots , street , etc . by City crews and
equipment ;
THEREFORE, be it resolved by the City Council of the City of
Wylie , Texas that :
The following fees and charges are adopted by the City
Council of the City of Wylie , Texas for the City and outside
the city limits where applicable .
SECTION 1_— WATER AND SEWER
H . Construction Meter Charges
b . Any contractors requesting `a meter attachment
to a fire hydrant for any construction shall
pay a meter fee of $250.00 which shall
include allcharges and deposits . Water use
charges shall be $20 ..00 for the 10 , 000
gallons and then $0 . 95 per 1000 gallons over
10 , 000 gallons .
SECTION 10 — SWEEPING)CLEANING OF PRIVATELY OWNED PARKING
LOTS, STREETS , ETC. _
The following fee shall be charged per sweeping
occurance for each 100 square feet of area or any
portion thereof . Said rate , once set , will be
billed„ as a portion of the utility bill sent
monthly to the responsible party .
FEE : $0.05 per 100 square feet .
SECTION 12 - SEVERABILITY
All ordinances or parts of the ordinance in conflict
herewith are specifically repealed and are superceded by
this ordinance . All other parts of such ordinances are not
repealed .
It is hereby declared to be the intentio'i7 of the City
Council that the sections , paragraphs , sentences , clauses ,
and phrases of this ordinance are severable and if any
phrase , clause , sentence or section of this ordinance shall
be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction , such
unconstitutionality or invalidity shall not affect any
other remaining phrase , clause , sentence , paragraph or
section of this ordinance ; and the City Council hereby
declares it would have passed the remaining portions even
though it had known the affected parts would be held
unconstitutional .
EFFECTIVE DATE :
This ordinance will take effect immediately upon passage by
the City Council of the City of Wylie and upon publication
of caption in a newspaper of general circulation .
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE , TEXAS , THIS THE DAY OF 1985 .
.John W , Akin , Mayor
ATTEST t
Carolyn Jones , City Secretary
ORDINANCE
AN ORDINANCE OP THE CITY 0/ WYLIE, TEXAS AMENDING THE CITY CODE
BY ADDING A NEW ARTICLE TO CHAPTER lb , AND DESIGNATING
ACE $$ Z , THE CITY AND/O* Oftl MID EXTRATERRITORIAL JURISDICTION.
RGULA' INi PRIVATE SEWAGE /ACI&ITIES, RELATING TO DISCHARGE OF
WASTE, RELATING TO THE DELEGATION OF FUNCTIONS AND POWERS BY THE
CXTYI RELATING TO WATER POLLUTION CONTROL AND ABATEMENT PROGRAMS
BY THE CITY UNDER SECTION 26 . 177 OF THE TEXAS WATER CODE;
PROVIDING FOR SEVERABILITY ; AND DECLARING AN EMERGENCY .
WHEREAS , the City of Wylie , Texas , under Section 26 . 177 , of the
Texas Water Code (Texas Legislative Senate Bill 835) is required
to establish a Water Pollution Control and Abatement Program ,
authorizing monitoring and enforcing activities , requiring
reporting from significant dischargers , collecting samples ,
inspecting and testing of waste discharges .
WHEREAS , it is the obligation of the producers of industrial
waste to treat and properly dispose of same in an equitable
manner , and
WHEREAS , protection of the quality of the effluent within the
City and Extraterritorial jurisdiction of all wastewater is the
concern and obligation of the City of Wylie , Texas .
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS;
Article , is hereby added to Chapter , of the
City Code as follows : Article Water Pollution Control and
Abatement 16 .
SECTION 16 . Definitions — unless the context specifically
indicated otherwise , the following terms and phrases , as used in
this Article , shall have the meanings hereinafter designated .
( 1 ) Act of "the Act" — Section 26 . 177 of the Texas Water
Code (originally enacted in 1971 by S . B . No . 835)
(2) Approval Authority — The Director in an NPDES State
with an approved State Municipal Water Pollution
Control and Abatement Program.
(3) Authorized Representative of a Significant Waste
Discharger — An authorized representative may be : (a ) a
principal executive officer of at least the level of
Vice—President , if the discharger is a corporation ; ( b )
a general partner or proprietor if the discharger is a
partnership or proprietorship , respectively ; (c ) a duly
authorized representative responsible for the overall
operation of the facilities from 4hich the discharge
originates .
(4) Biochemical Oxygen Demand BOD) — the quantity of
oxygen utilized in the biochemical oxidations of
organic matter under standard laboratory procedures ,
five ( 5) days at 20o centigrade expressed in terms of
weight and concentration (milligram per liter (mg/ 1 ) .
(5) Board — the Texas Water Development Board as defined by
26 .001 et seq . of the Texas Water Code .
(6) Building Sewer — a sewer conveying wastewater from the
premises of a user to the POTW .
( 7) Categorical Standards — National Categorical
Pretreatment Standards of Treatment Standards .
(8) City — The City of Wylie or City Council of Wylie ,
Texas .
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(9) lamina Wat_e _ the water discharged from any use such
as air conditioning, cooling or refrigerations , or to
which the only pollutant added is heat .
(10) Commiai,jj - the Td**0 Water Commission .
the term "Control Authority" shall
(11) refer to t te` "aroved authority" , defined hereinabove ,
or the Director of Public Works .
( 12) Department - the Texas Department of Water Resources .
( 13) Direct Discharge - the discharge of treated or
untreated wastewater directly to the waters of the
State of Texas .
( 14) Environmental Protection Agency_i _or EPA - the U . S .
Environmental Protection Agency , or where appropriate ,
the term may also be used as a designation for the
Administration or other duly authorized official or
said agency .
( 15) ETJ - Extraterritorial Jurisdiction .
( 16) Grab Sample - sample which is taken from a waste stream
or surface runoff on a one-time basis with no regard to
the flow in the stream and without consideration of
time .
( 17 ) Holding Tank - any waste from holding tanks such as
vessels , chemical toilets , campers , trailers , septic
tanks , and vacuum pump tank trucks .
( 18) Indirect Discharge - the discharge or introduction of
non-domestic pollutants from any source regulated under
sections 307 (B) or (C) of (33USC . 1317 ) into the POTW
or Waters of the State of Texas .
( 19) Industrial User - a source of indirect discharge which
does not constitute a "discharge of pollutants" under
regulations issued pursuant to Section 402 of 33 USC
1B42 .
( 20) National Prohibitive Discharge Standard or Prohibitive
Discharge Standard - any regulation developed under the
authority of 307 (B) of 33 USC, 1342 40 CFR , Section
403 . 5 of S .B . No . 835 .
( 21 ) National Pollution Discharge_ Elimination System or
NPDES Permit - a permit issued pursuant to Section 402
of 33 USC, 1342 .
( 22) Person - any individual , partnership , co-partnership ,
firm, company , corporation , association , joint stock
company , trust , estate , governmental entity , or any
legal entity , or their legal representatives , agents ,
or assigns . The masculine gender shall include the
feminine gender . The singular shall include the plural
where indicated by the context .
( 23) pH - the logarithm ( base 10) of the reciprocal of the
concentration of hydrogen ions expressed in grams per
liter of solution .
(24) Pollution - the man-made or man-included alteration of
the chemical physical , biological and radiological
integrity of water .
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(2 ) yoliutant - any dredged spoil , solid waste , incinerator
residue , sewage , garbage , sludge , mutations , chemical
waste , bialogicai materials , radioactive materials ,
heat , wracked or Stocker gad equipment , rock , sand ,
cellar dirt and industrial , municipal and agricultural
waste discharged into water ,
(26) Pretr°eatrq pt gg T rnen , - the reduction of the amount
of pollutants , the elimination of pollutants , or the
alteration of the nature of pollutants , or the
lateration of this nature of pollutant properties in
wastewater to a less harmful state prior to or in lieu
of discharging or otherwise introducing such pollutants
into a POTW or the waters of the State of Texas .
(27) POTW or Publicly Owned Treatment Works - sewers or
other conveyances and treatment plants .
(28) Shall - mandatory , May - permissive .
(29) Significant Waste Dischargers - any discharger
discharging 25 , 000 gallons or more per day ( 24 hour
period) , has a waste toxic pollutants as defined
pursuant to Section 307 of 33USC 1291 or State Statutes
and Rules as is found by the City , State Control
Agency , or the U . S . EPA, to have significant impact ,
either singly or in combination with other contributing
industries on the waters of the State of Texas .
(30) State - the State of Texas .
(31 ) Standard Industrial Classification ( SIC) - a
classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Officer
of the President , Office of Management and Budget ,
1972 .
(32) Storm Water - any flow occurring during or following
any form of natural precipitation and resulting
therefrom .
(33) Suspended Solids - the total suspended matter that
floats on the surface of , or is suspended in water ,
wastewater , or other liquids and which is removed by
laboratory filtering .
(34) Director of Public Works - the person designated by the
City to supervise the operation of the Utilities
Department and who is charged with certain duties and
responsibilities by this Article , or his duly
authorized representative .
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(35) Toxic Pollutant - any pollutant or combination of
pollutants listed as toxic in regulations promulgated
by the administration of the EPA under the provisions
of the CWA 307 (A) or other Acts .
(36) Wastewater - the liquid and water-carried industrial or
domestic waste from dwellings , commercial buildings ,
industrial facilities , and storm water that may be
present , whether treated or untreated , which is
permitted to enter the POTW or waters of the State of
Texas .
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„�a� or. h* rha gists �. all streams , lakes , ponds ,
(37 marshes , watercourses , waterways , wells , springs ,
reservoirs , a uiiers , irrigation systems , drainage
systems and ail other bodies or accumulations or water ,
surface of underground , natural or artificial , public
or private , which Oro contained within , or flow through
or border upon the State or any portion thereof and
including any other "water” as defined by Section
26 .001 of the Texas Water Code .
(38) Abbreviations :
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - Environmental Protection Agency
L - Liter
MG - Milligrams
MG/L - Milligrams per liter
NPDES - National Pollutant Discharge Elimination System
Section 16 . 2 - Water Pollution Control Duties of the City
A . The City of Wylie , Texas having a population of more
than 5 , 000 inhabitants , hereby establishes a Water
Pollution Control and Abatement Program for the City .
the City shall employ or retain an adequate number of
personnel , on either part-time or full-time basis as
the needs and circumstances of the City may require ,
who by virtue of their training or experience are
qualified to perform the water pollution and abatement
functions required to enable the City to carry out it ' s
duties and responsibilities under this Article .
B . The Water Pollution Control and Abatement Program of
this City shall encompass the entire City and it ' s
Extraterritorial jurisdiction to achieve the objective
of the City for the area within its territorial
jurisdiction . The City shall include in the program
the services and functions , which , in the judgment of
the City or as may be reasonably required by State or
Federal law , will provide effective water pollution
control and abatement for the City , including the
following services and functions :
1 . the development and maintenance of an inventory of
all significant waste discharges into or adjacent
to the water within the City , and within the
extraterritorial jurisdiction of the City , without
regard to whether or not the discharges are
authorized by the department ;
2 . the regular monitoring of all significant waste
discharges included in the inventory prepared
pursuant to paragraph ( 1 ) above ;
3 . the collecting of samples and conducting of
periodic inspections and tests of the waste
discharges being monitored to determine whether
the discharges are being conducted in compliance
with the Act and any applicable permits , orders or
regulations of the Department , and whether they
should be covered by a permit from the commission ;
4 . in cooperation with the department , a procedure
for obtaining compliance by the waste dischargers
being monitored , including where necessary , the
use of legal enforcement proceedings ; and
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5 • the demeiopment and execution of reasonable and
realistic piano
for controlling and abating
pollution or potential pollution resulting from
generalised discharges of waste which are not
traceable to specific sources , such as storm sewer
discharges and urban runoff from rainwater .
mai ..3 . Director of Public Works
The City Manager of Wylie shall appoint a Director of Public
Works and such assistants as the City Manager may determine to be
necessary , and it shall be the duty of the Director of Public
Works to enforce the provisions of this article .
Section 16-4 . Use of Public Sewers
A . No person shall discharge or cause to be discharged any
storm water , surface water , ground water , roof runoff ,
subsurface drainage or unpolluted industrial process
waters to any sanitary sewer .
B . Storm water and all other unpolluted drainage shall be
discharged to such sewers as are specifically
designated as storm sewers , or to a natural outlet
approved by the City Manager . Unpolluted process
waters may be discharged upon approval of the City
Manager , to a storm sewer , or natural outlet , or into
the sanitary sewer system upon prior written approval
of the City Manager or Director of Public Works .
C . In cases where , and in the opinion of the Director of
Public Works , the character of the sewage from any
manufacturer or industrial plant , building , or other
premises is such that it will damage the system or
cannot be treated satisfactorily in the system, the
City Manager shall have the right to require such user
to dispose of such waste otherwise , and prevent it from
entering the system.
Except as hereinafter provided , no person shall discharge or
cause to be discharged into the sewer or drainage system of the
City , or to the waters of the State of Texas , directly or
indirectly , any of the following described matters , water or
wastes :
( 1 ) Any gasoline , benzene , naphtha , fuel oil or other
flammable or explosive liquid solid or gas ;
(2) Concentrations exceeding one hundred ( 100)
milligrams per liter of waste , fats , grease , oil ,
plastic or other substances which will solidify or
become discernibly viscous ,:at any temperature
between thirty—two (32) degrees Fahrenheit and one
hundred fifty ( 150) degrees Fahrenheit ;
(3) Any garbage that has not been properly treated or
any other solid or viscous substances in
quantities capable of causing obstruction to the
flow in sewers or interfering with proper
operation of the treatment plant or to the waters
of the State of Texas including , but not limited
to , such materials as ashes , cinders , sand , mud ,
straw , wood shavings , sawdust , metal shavings and
filings , glass , rags , tar , lime slurry or
residues , paint and chemical residues , bulk
solids , glue or paper for other than hygiene
tissue ;
5
/=5—
(4) Any feathers , entrails , feet , bones , paunch
manure , heir , fleshings or egg shells , whole blood
or other liquids in quantities which exert an
unusual osygen or chlorine requirement or which
result in is discoloration of the treatment plant
influent :
(5) Any substance which singly or by interaction with
other wastes' can form a gas , or material which , by
itself or in combinations with other substances ,
can be a hazard to life .
(6) Any liquids with a pH value lower than 5 . 5 or
higher than 10 . 0 .
(7 ) Any cyanides or cyanogen compounds capable of
liberating hydrocyanic gas on acidification in
excess of one milligram per liter as CN .
(8) Any fluoride in concentration exceeding that in
the public water supply .
(9) Any salts of the following heavy metals , in
solution or suspension , at a concentration greater
than as shown below:
mg/1 - Not to exceed :
Metal Average Daily Composite Grab Sample
Arsenic 0 . 1 0 . 2 0 . 3
Barium 1 . 0 2 . 0 4 . 0
Cadmium 0 .05 0 . 1 0 . 2
Chromium 0 . 5 1 . 0 5 . 0
Copper 0 . 5 1 . 0 2 . 0
Lead 0 . 5 1 . 0 1 . 5
Manganese 1 . 0 2 . 0 3 . 0
Mercury 0 . 005 0 . 005 0 . 01
Nickel 1 . 0 2 .0 3 . 0
Selenium 0 . 05 0 . 1 0 . 2
Silver 0 . 05 0 . 1 0 . 2
Zinc ' 1 . 0 2 . 0 6 . 0
( 10) All other heavy metals and toxic materials ,
insolution or suspension , at concentrations
greater than that in the public water supply , such
as , but not limited to , the following :
Antimony Molybdenum Rhenium
Beryllium Tin Strontium
Bismuth Uranylion Tellurium
Cobalt Pesticides ..Herbicides
Fungicides
( 11 ) Chlorides in concentrations exceeding two hundred
fifty ( 250) parts per million , unless the
discharge of chlorides in concentrations higher
than two hundred fifty ( 250) parts per million is
limited to rates and volumes that will not cause
the concentration of chlorides in the treated
effluent from the sewage treatment plant to exceed
two hundred (250) parts per million .
( 12) Any radioactive wastes of greater concentration or
amount than the allowable releases specified by
regulatory agencies which control the possession
and release of radioactive materials .
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cent
(13) Any active or inert materialsin erationrofythe
which interfere with the proper op
ce
treatment process to the degree that he normal
treatment placese used will not p
effluent meeting the criteria of regulatory
agencies , or which impose unusual costs for
treatment or maintenance ,
( 14 ) No substances , or mixtures which may contain any
amount of polychlorinated biphenyls ( PCBS) .
( 15) Wastewater with a phenol concentration greater
than two ( 2 .0) milligrams per liter .
( 16) Wastewater which contains more than five-tenths
(0 . 5) milligrams per liter of hydrogen sulfide
measured as H2S .
( 17) Wastewater with twenty-four composite samples
containing BOD or total suspended solids (TSS ) in
excess of three hundred ( 300) milligrams per
liter , or chemical oxygen demand (COD) in excess
of eleven hundred ( 1100) milligrams per liter .
(D) Where the operation of a person , firm , or corporation
entails the discharge of industrial wastes , a written
statement on a standard form provided by the City
Manager , setting forth the nature of the operation
contemplated or presently carried on shall be filed
with the City Manager . The statement shall contain the
following information :
( 1 ) Name and address of applicant ;
( 2) Type of industry ;
(3) Quantity of plant waste ;
(4) Typical analysis of the waste ;
. (5) Type of pretreatment proposed , if any ;
(6) Proposed point of discharge .
Within thirty (30) days of receipt of such statement ,
it shall be the duty of the City Manager to make an
order stating such minimum restrictions as in the
judgment of the Director may be necessary to adequately
guard against unlawful uses of the City ' s sewage works
or discharge to the waters of the State of Texas .
(E) Grease , oil and sand interceptors...shall be provided for
the proper handling of liquid wastes containing grease
in excessive amounts , or any flammable wastes , sand ,
and other harmful ingredients ; except that such
interceptors shall not be required for private living
quarters or dwelling units . All interceptors shall be
of a type and capacity approved by the City Manager and
shall be located as to be readily and easily accessible
for cleaning and inspection .
Grease and oil interceptors shall be constructed in
accordance with the City of Wylie standards and shall
be impervious materials capable of withstanding abrupt
and extreme changes in temperature . They shall he of
substantial construction , watertight , and equipped with
easily removable covers which , when bolted in place ,
shall be gastight and watertight .
(F) Where installed , all grease , oil , and sand interceptors
shall be maintained by the owner , at his expense , in
continuously efficient operation at all times .
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(0) 'the admieeion into the public sewers
wastes thevingwaters
( 1)c�a
the State of Texas of any waters
five-day biochemical oxygen demand greater thanorth`�>
hundred (300) parts per million by weight ,
containing, more than three hundred (300) parts per
million by weight of suspended solids , or (3)
containing any quantity of substances having the
a haracterietiae described in paragraph (c) hereof , or
(4) having an average daily flow greater than five ( 5)
percent of the average daily sewage flow of the City ,
shall be subject to the review and approval of the
Director .
Where necessary , in the opinion of the Director , the
owner shall provide , at his expense , such preliminary
treatment as may be necessary to ( 1 ) reduce the
biochemical oxygen demand to three hundred ( 300) parts
per million and the suspended solids to three hundred
(300) parts per million by weight , or ( 2 ) reduced
objectionable characteristics or constituents to within
the maximum limits provided for in paragraph ( c )
hereon , or ( 3) control the quantities and rates of
discharge of such waters or wastes . Plans ,
specifications and any other pertinent information
relating to proposed preliminary treatment facilities
shall be submitted for the approval of the Director and
no construction of such facilities shall be commenced
until said approvals are obtained in writing .
(H) When required by the Director , the owner of any
property carrying industrial wastes shall install a
suitable control manhole in the building sewer to
facilitate observation , sampling and measurement of the
wastes . Such manhole , when required , shall be
accessibly and safely located , and shall be constructed
in accordance with the City of Wylie standards . the
manhole shall be installed by the owner at his expense ,
and shall be maintained by him so as to he safe and
accessible at all times .
( I) All measurements , tests and analysis of the
characteristics of waters and wastes to which reference
is made in paragraphs ( 3) and ( g) shall be determined
in accordance with "Standard Methods for the
Examination of Water and Sewage" . The tests shall be
performed on the samples taken at the control manhole
provided for in paragraph (h) above .
(J) No statement contained in this article shall be
construed as preventing any agreement or arrangements
between the City and any industrial concern whereby an
industrial waste of unusual strength or character may
be accepted by the City for treatment , subject to
payment therefore by the industrial concern for any
portion of the excess cost to the City of handling and
treating such industrial wastes . In the event the City
agrees to accept and treat industrial waste of unusual
strength or character , the charges for such treatment
shall be determined .
Section 16-5 . Powers and Authority of Enforcing Agents .
The City Manager and other duly authorized employees of the City
bearing proper credentials and identifications shall be permitted
to enter upon all properties for the purpose of inspection ,
observation , measurement , sampling and testing in accordance with
the provisions of this article .
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lLm LLMI 16-6_, Pensltieeu
(A) Any person found to be violating any provisions of this
article , shall be served by the City written notice
stating the ftetefe of the violation and providing a
reasonable time limit for the satisfactory correction
thereof , The offender shall , within the period of time
stated in such notice , permanently cease all
violations . If the offender continues violation after
the expiration of time stated , the City Manager may
prohibit the further use of the sewage system by the
offender and may remove or close the offender ' s sewage
and water connections .
(B) Any person who shall continue any violations beyond the
time limit provided for in paragraph (A) above , shall
be guilty of a misdemeanor , and upon conviction
thereof , shall be fined in an amount not less than one
dollar ($1 .00) nor more than one thousand ( $1 , 000 . 00)
dollars for each violation . Each day in which such
violations exist shall be deemed a separate offense .
(C) Any person violating any of the provisions of this
Article shall become liable to the City for any
expense , loss or damage occasioned by the City for
reason of such violation .
Section 16-7 . Enforcement by City of Violation
( 1 ) Steps to be taken when water pollution is detected by
the City .
A . Notice to alleged violator : Letter shall be sent
by the City to alleged offender to notify that :
1 . Discharge of wastewaters within his property
appears to be in violation of law or the
Rules of the Texas Department of Water
Resources ;
2 . — The City suggests that the alleged violator
take immediate steps toward correcting the
problem ;
3 . If the alleged violator finds from his
evaluation that he is in violation of law or
of the Rules of the Texas Department of Water
Resources , he may submit an application for a
waste discharge permit from the City and
Texas Department of Water Resources '
consideration , together with a time schedule
for compliance ;
4 . He shall be requested to contact the City
within then ( 10) days se that the City can be
informed as to what he proposes to do to
correct the alleged violation .
B. A copy of the letter giving notice to the alleged
violation (described under paragraph 'A ) shall be
sent to the Texas Department of Water Resources ,
P. 0 . Box 13246 , Austin , Texas 78711 .
Investigation reports and names of witnesses which
are available at that time shall be attached to
the letter . A carbon copy will also be sent to
the Texas Department of Water Resources , 204-A
West 5th Street , Odessa , Texas 79761 .
C . The City shall continue investigation and testing
procedures as it feels is necessary to show
whether a violation exists .
9
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D. The City tnay pppase the grantin ; of a waste
discharge permit , or may recommend partial
granting of such , etc . The City of Wylie is free
to cue the polluter for violations which occurred
when the polluter has no waste discharge permit .
E. If the alleged Violator is not willing to take
effective steps to control his pollution sources ,
the responsible City Authority shall send a letter
to the City Attorney with a request for his
consideration of the information which is
enclosed . All investigation reports which have
been completed against this alleged violator and
lists of witnesses which may be used in the
prosecution of a lawsuit , and all test information
should be included . A copy of this letter and
attachments shall be sent to the Texas Department
of Water Resources .
F. When the local government files suit in district
court pursuant to 26 . 124 of the Texas Water Code ,
the Texas Department of Water Resources is a
necessary and indispensable party and must be
served with citation .
NOTE : This information procedure can be varied as
circumstances warrant and as experience between
the City , Texas Department of Water Resources and
the Attorney General indicate it is necessary .
G . Information to be furnished to the City Attorney
in cases where suit is desired by the City :
a . Metes and bounds description of real estate ,
together with ownership , volume and page
number and copy of latest conveyance unto
owner .
b . A plan , map and aerial photograph of property
in question , if available .
• • c . Names and addresses of all persons in
possession ; operators , and owners .
d . A copy , or original , of the City ' s file
dealing with the situation and problem .
e . Transcript of hearing , if any .
f . Witnesses : names , addresses and statements .
g . Copies of reports by •- experts and
investigators .
h. Copy of all waste discharge permits , if any .
i . City ' s order requesting the City Attorney to
file and recommendation .
j . Name and phone number of personnel who will
be working with the City Attorney on the
case .
k . Other information and results
investigations suchp of
samplings , measurements taken from testingdevices or manually , diagrams models , etc .
10
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uet -on_it--. Preserving Evidence for Litigation Purposes .
1 , Maps , Diagrams , and Sketches
A, Accuracy . The paper must correctly represent the
situation as it existed at the time of
consideration , It is not necessary that the map
or sketch be drawn to scale provided it is a fair
representation .
B . Verification . It is usually held that it is not
necessary that the person making the map , diagram
or sketch testify as to its correctness , but any
person acquainted with the facts may do so .
2 . Photographs .
A . Instructive . Whenever the appearance of a person ,
place , or object is relevant , a photograph or
picture is admissible to explain the evidence and
aid in its application and to assist the court or
jury in understanding the case .
B . Accuracy . The photograph must be a fair and
accurate reproduction of the things or conditions
as they were when the photograph was taken . Where
a photograph is offered , not as a mere general
representation of the thing or condition , but to
show distances , colors , relative sizes , or
locations of objects , it may be very deceptive and
misleading , therefore , much more convincing proof
of its accuracy is required .
C . Verification . It is best if the photograph is
verified by oath of photographer who took it ;
however , sufficient verification may be furnished
by the testimony of any competent witness who has
sufficient knowledge to testify that the
photograph fairly represents what it purports to
represent . The presence of a verifying witness
when the photograph was taken may be a factor in
determining the sufficiency of the accuracy .
D . Notice to adverse party . It is not essential to
the admissibility of the photographs that the
adverse party should have been notified of the
intention to take them .
E . Inscription on picture . When an otherwise
admissible picture has an inscription on it or on
the reverse side of it , before the photograph can
be admitted , the handwriting must be identified or
concealed so that only the picture itself , and not
the message inscribed on it , can be considered as
evidence .
3 . Samples
A . Identification . Samples are admissible on an
issue as to the properties or qualities of the
substance involved in the case where they are
sufficiently identified as to their source and
that they reflect the condition of the substance
or articles as of the time involved in the issues .
Section 16-9 . Pollution Investigations .
In the investigation of pollution incidents , including
unpermitted discharges , spills of oil or other hazardous
materials , where legal action against the discharger or person
responsible for a spill may result , the investigator shall obtain
the following :
1 , tames , addresses , phone numbers and positions of all
persons who may be responsible :for or have knowledge of
the discharge or spill .
2 , Signed statements , wherever possible , indicating where ,
when end how the discharge or spill occurred and the
extent of the discharge or spill . (In cases where a
witness will not sign a statement , his oral statement
should be immediately reduced to writing and should be
submitted with the investigator ' s written report ) .
3 . Samples of discharged or spilled materials , as well as
comparative samples from affected and unaffected water
in proximity to the discharge or spill . (Sample
containers are to be immediately and indelibly labeled
with the appropriate sample number by the collector and
a Chain of Custody Record attached - see Chain of
Custody .
4 . Photographs at the scene to illustrate the source and
extent of pollution . (Polaroid photographs of good
quality are preferable as evidence and should be
immediately labelled with location , date , time and a
short description of what is being illustrated and
signed by the photographer . If possible , the signature
of a witness at the scene should also be obtained for
corroborative purposes .
5 . License number and other registration of vehicles or
vessels involved in pollution incidents . Drivers or
operators should be identified and a record made of
their names , addresses , employers and identification .
6 . Field notes made at the scene . (Since these can be
used on the witness stand , the investigator should
complete them at the scene and , if possible , have a
witness at the scene initial or sign them . Field notes
should also contain sketch of the site with appropriate
labelling) .
Chain of Custody
All samples and other tangible evidence should be maintained in
proper custody until disposition or until the samples are
dispatched to a laboratory for analysis . A record of sample
number , source of sample , time , date , and name of person taking
the sample and each person handling the sample will he kept with
the sample on a Chain of Custody Record until the sample is
delivered to the laboratory . (Placing a sample addressed to the
laboratory in the U . S . Mail constitutes delivery to the
laboratory) . Upon delivery to the laboratory , the Chain of
Custody Record should be immediately submitted to the City ' s
Water Pollution Control Office attached to a signed and dated
memorandum of transmittal .
Reports
All reports of investigations of water pollution incidents should
be completed promptly . The report should include appropriate
descriptions , sample date , maps , photographs , etc . , to accurately
and fully depict :
1 . The waste generating activities or the incident in
which a spill occurred ;
2 . The quantitative and qualitative characteristics of the
waste generated or the material spilled ;
3 . The route of the waste or spilled material to the
receiving waters ;
4 . The receiving waters ;
12
5 , The effects of tts waste or spilled Material on the
receiving waters ;
6 : The location of the waste generating activity (include
street address : if any ) or the location of the spill ;
Is The names and addresses of witnesses and complaints
willing to provide information ;
8 . A current list of responsible officials ;
9 . A list of other agencies concerned in the
investigation , such as cities , counties river
authorities , etc ;
10 . All other pertinent information .
Section 16-10 . Severability Clause .
The provisions of this Article are severable . If any word ,
phrase , clause , sentence , section , provision or part of this
Article should be held to be invalid or unconstitutional , it
shall not affect the validity of the remaining portions , and it
is hereby declared to be the City ' s legislative intent that this
Article would have been passed as to the remaining portions ,
regardless of the invalidity of any part .
Section 16-11 . Conflict
All other Ordinances and parts of other Ordinances inconsistent
or conflicting with any part of this Article are hereby repealed
to the extent of such inconsistency or conflict .
This ordinance shall be in full and effect after it ' s passage ,
approval and publication as provided by law .
The passage of this ordinance constitutes an emergency and an
imperative Public necessity that the Charter Rule requiring that
City Ordinances be read at three ( 3 ) separate meetings of the
City Council be, suspended and said rule is hereby suspended , and
this ordinance shall take effect immediately upon it ' s passage .
Pass and approved on emergency reading at a regular meeting of
the City Council on the _ day of _ _____�, 1985
with all members present voting "aye" for the passage of same .
APPROVED :
John W . Akin , Mayor
ATTEST :
Carolyn Jones , City Secretary
Published the __ _day of _1985 and the day
of — , 1985 .
13
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE AMENDING ORDINANCE NO . 83-
18 REGULATING MOBILE HOME PARKS . AMENDING SECTION 7 . 01 ( E) .
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE .
WHEREAS , the City Council of the City of Wylie has
determined a need to amend the following to read :
7 . 01 SITE REQUIREMENTS :
e . AREA , SETBACKS AND SCREENING REQUIREMENTS
( 1) Minimum lot area shall be 5500 square
feet .
( 2) Front yard setback shall be 20 feet
minimum .
(3) Rear yard setback shall be 10 feet
minimum.
(5) In no case shall there be less than 20
feet separation between homes .
(6) Screening shall be as described and
required in the Zoning Ordinance and
this ordinance . ( See attached typical
lot and layout . )
PASSED AND APPROVED THIS THE DAY OF
1985 . ,.___
John W . Akin , Mayor
ATTEST:
Carolyn Jones , City Secretary
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ORDINANCE NO.
AN ORDINANCE ESTABLISHING A MORITORIUM ON MOBILE HOME PARK
ZONING WITHIN THE CITY LIMITS OF THE CITY OF WYLIE.
PROVIDING FOR AN EFFECTIVE DATE , SEVERABILITY AND
PUBLICATION OF THE HEADING.
BE IT ORDAINED BY THE CITY COUNCIL BY THE CITY OF WYLIE :
SECTION 1 . The Planning & Zoning Commission and the City
Council of the City of Wylie have determined that due to
recent developments of Mobile Home Parks and existing Mobile
Home Parks , the percentage of that type of development and
dwelling is more than adequate and greater than the
percentage which these two bodies have determined is in the
best interests of the City of Wylie . These two bodies have
determined that the current zoning areas designated as
Mobile Home Park along with those that are existing
• constitute a sufficient number of dwelling units in this
category and provide the widest possible distribution of
varying types ofnhousing and cost distribution .
SECTION II . From the date of passage of this ordinance no
additional Mobile Home Park zoning will be granted until the
number of dwelling units drops below 5% of the total number
of all dwelling units authorized by platting and existing
subdivisions within the city limits of the City of Wylie .
SECTION III . Previously existing use of land within the
extraterritorial jurisdiction of the City of Wylie both now
and as it may be changed by future annexations will be
allowed to continue the current use of that property .
However , zoning as a mobile home park mays or may not be
authorized until the percentage criteria specified in
Section II of this ordinance is met . This decision shall be
at the discretion of the Planning and Zoning Commission and
the City Council of the City of Wylie and shall be subject
to all appropriate legal and public notice p/rovisons .
4Lte.ri--27e
SECTION IV . That the City staff .i.s t4e4 /
reject any �` �
J �p.p�lication for such zoning until the percentages
in Sectior('I are met .
SECTION V . SEVERABILITY. In any one or more of the
sections , provisions , clauses , words or terms of this
ordinance shall for any reason , be held invalid , illegal ,
void or enforceable , such invalidity , illegality , voidness ,
or unenforceability , shall not , in any way , affect any other
section , provision , clause , work or term of this ordinance
and the City Council hereto agrees that they would have
approved this ordinance regardless of such invalidity ,
illegality , unenforceability or voidness .
2
SECTION VI . EFFECTIVE DATE. This ordinance shall become
effective upon approval by the City Council of the City of
Wylie and the publication of the heading in the Wylie News .
ADOPTED AND APPROVED ON THIS THE DAY OF
1985 .
John W. Akin , Mayor
ATTEST :
Carolyn Jones , City Secretary
ORDINANCE 110,
AN ORDINANCE AMENDING ORDINANCE NO. 83-18 , SUBDIVISION
LOULA'T ONS FOR THE CITY OP UYLIL TEXAS; ADDING A PARAGRAPH
TO SECTION 6 .02 PARAO*AEf $, PAVEMENT REQUIREMENTS, SUB—
PARAGRAPH 1 AND SUB'PARAURAPH 2$ AND SUB—PARAGRAPH 3;
PROVIDING FOR AN EMOTIVE DATE.
WHEREAS, the City Council of the City of Wylie has
determined the need to address the questions of perimeter
streets that are designated State of Texas or United States
roadways ;
THEREFORE; the following paragraph will be added to the
Subdivision Regulations for the City of Wylie :
SECTION 6 - IMPROVEMENTS
6 .02 STREET PAVING - CONCRETE
B. PAVEMENTS REQUIREMENTS :
(The following paragraph will be added
to sub-paragraphs 1 , 2 and 3 . )
On those occasions when the perimeter
streets of a subdivision or also State
or U . S . highways , the responsibility
for perimeter street paving or payment
in lieu of paving shall be calculated in
the same manner mentioned in the
preceding paragraph with the same
release provisions as described in the
preceding paragraph . However , the
responsibility shall be for only one
traffic lane or twelve ( 12) feet of
street paving multiplied by the running
front footage of the subject property .
EFFECTIVE DATE : -This ordinance shall be in effect upon
passage and. approval by the City Council of the City of
Wylie , Texas .
PASSED AND APPROVED ON THIS THE DAY OF
1985 .
John W. Akin , Mayor
ATTEST: *
Carolyn Jones , City Secretary
•
PETITION FOR ANNEXATION
THE STATE OF TEXAS:
COUNTY OF COLL I N:
TO THE CITY COUNCIL. OF THE CITY OF WYL I E, COLL I N COUNTY ,
TEXAS:
Now comes „401(1 F dNtards _-._-- of the County of
_LP 1.195_____ 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 follow i rig
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 (.) qualified voters, reside, described as
follows: See attached "Exhibit A" :
PETITION FOR ANNEXATION CUNT' D. PAGE 2
Said Harold Edwards 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 descr-i bed be annexed to the sai ci City of Wylie, Texas
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE or TEXAS.
Witn s the hand of this petioner- this the L _ day of
--. _ 11L , ce.
--- -- ------• 1984__
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Signature
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_E.ar.old_Edi'iards ---.___--
Please Print Name
Address
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City Texas Zip
(214 ) ±25_Q256 ---
Telephone
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THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned Notary Public on this day
personally appeared _a 9 - h; s 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 nd -r- •mks hand and seal of of f :ice this the -TL,L„/, Uay
0f __ - _At) -- -- --- 1 9E3 ` .---_.
C . .1%!fil.thi-::____ ( ''',/ -') 2 L.)//) 6/
0'� , " Notary Public,State of tail
I.tf Commlv.lon Expires 1 l'//
4,,(0003..' � Notary Public , Col l i 1 County r_>:as
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TO MA PAR'S1 1t TTr,>r$TSD its t'n19,1%dli + 415v<tlf .
yas,
tttie 44' 4• el c86li ti4A4 1 11414 y tht$ de' t'�AIA i tAfitel 1V►d s4,si' t4 e'ssv•y o] :`ts ground of
rtegel4yy {�• J•1li •A Y'tniten 'cod i,ft lliq, CoQ $.A et 0011e4, RofR'r::: Oar Co1110%. .exss, out of
the J. D.• SHELIti sur!'QY, il83TRACT 9:' 1t9' said R. A. ATT!:7:91:R7 S ". , ABSTRACT ':0. 1763 and
being known no a 10.00 acre tract oat of-4178.2 acre 'tr_ct convs7t: to Rust!ll Addington by
Paul Addington and .Vice :'cddin:ton by dead of record is Volunr ?a,le 135, Collin County
Deed Records, Volume 3400, 7a•te 74, De11ts; County Deed Records 7:lune 46, Ta-e 592, Rock-
wall County Deed Records, said 10 acres being described as reccr : t : ir. ZxhiStt filed in
Volume 32076 at Pane 0013 of Dead ''.ecorda:'.of Dallas County, Texar . :-'_ in Vol_-e 1513 at Page
792 of Deed Records of' Collin County, Texan and bein0 -ore ,cr'` - -r_; CescrISrd as follows :
CO'1:' ;;C:':C at a hi:hway marker located at the intersection of t'-.t ?ig'•:_-of- line of
Farr:: Road 544 old the ::ortheast Ri:ht-of-, cy line of Vinson Roe : : _ , Thence South 42 dec.
53 nin. East with Yortheast lino of Vinson Road S0.7 feet to a -gar::air for corner;
Thence South 45 deg. 52 rain. East with the Northeast line of Vi-.: : : an 15Si. 1 feet to an
iron sta:ce for corner end to tare Pl:ce of Sel-innin_;
::ort:i 00 de;. 57 nin. Cast with the small tracts 1?:=. 1 . feet to an iron sta::e
located in the dr:ina•lc ditch for corner; •
r!I ::CE neendcrinc with said draina;o ditch ns follovs: •
1. South 2.9 den. OS nin. _fact 42.80 foot to a point
2. South 30 de 0:3 nin. That 393,00 feet to a -oint _ . inert
3 South 73 de:. 10 nin. Cast 316.40 feet to a point far _ . riser;
4. South OS de:. 30 nin. 37 sec. Cast 99.54 feet to a far corn_r
located in old fence line;
T:I�.:CE South _? don,. 4: nin. 20 sec. :rest with said old fen: . 335, . 2 fee: to .n:ron
stake for corner;
T1IE::CE South 00 den. 57 nin. 'Zest crossing the survey line . _ . _ _.. Collin County and
Rockwall County, 1512. 37 feet to an iron ntake set in said :::neat 7.0.• . of 'V.rson
Road for corner;
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Tar.:;C:. .;orth 45 do^ 53 nin. 51 sec. kest with said .C. ___ - of Vinson road 279.50
feet to Place of i.erinninn and containing^, 10.03? acres of :al ' . :ore o- lass.
Tract A
A ,.rect of land locctcc in . , llaa County and ,:oc1: :nll Co . . o,Jt _f
Attarbury Surve r, 'abstract :e. 17993 in Dallas
County d ,' . . _ . l 1 o•.n!
',ern; out of ^ 1 .03 -t acre tract : : ent , d,�'«': E t
x:rib: ";. ='- -.. talc- S2 i7u at F ale
in Dallas,Countty, Texan', and in Volud'dt"-'�513at Pose702 of Deed •..r_or's af Collin County Toy.:::
and bein3 more ,articularly dcccriaed as follows:
CO'.::::CT::C at a hichvay _:rkc'r located at the Inters_ __: , c: line of
rcr:. toad 544 and tl;o Northeast r.? n,ht-of-nay line of Vinson ea . . : :o: t`. 42 Je;.
SS min. Lost :rith northeast line of Vinson Rood 50.7 fen: to a _ for corner;
;hence :south ::5 de' 52 nit :nst t•`_th the !:ortheast line of V._ road 15 . 1 feet to an
iron stake fcr corner and to the Place of 71e^innin.no
Ti: :CE ':ortt 00 den,. 57 nin. 7..ast with small tracts l2 . . . _ to 2oint for corner
' located on the South lire of Collin County as calle:! in Went ...ate of Texas on Riaht-
of-•.:a; Deed for :Fore ^oad 544;
;'att is nt with :.aid County line nassin^ ^oe::ur.11 :oun _ _ - . _ 132. . _ fee: ..+and c,:n-
tinuin7 for total distance of 233.55 feet to poia: for s:i" :as: line of
10.00 acre tract;
T'i::: Ci: Slut) 00 de; 57 nin. ',rest with said 10.00 acre trio : :_ . ...S^ fee: to iron star:_
set in the northeast Z.C.V. of Vinson Road for corner;
TN7NC: North 45 do',.- 58 nin. 51 sec. West with the ::orthcas _ of Vinson Road,
278.60 :cet to Place of Rc ._nn:na and eontainin^ 5555: cc. . _ land .th 3. 5'_3 acres
in Dallas County and 2.04 acres of land in Rockwall County, T_--s, by .e_.i.
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The plat hereon is a true, correct, and accurate represzmtation of the property
as cetemined by purvey, the lines and dimensions of said property being as indi-
cated by the plat: the situ, location, and type of buildings and irODQvstmta
are cs shourt, all irpravc,•ants b^in; uithin the boundaries of the property. sot
m�< from property lints the diste.cco indicated, anal that the distance fron
the nearest intersecting street, or road, is as stxxn on said plat.
T`fr:. ARE to E1 YOt'L•VTS, 075LICTS, Q4 pftt7TR•SIQrS, EXCEPT .
5=cle /~^ ZOO
Date 2 ../9DA QLJNGP r I: G a(,
.77
( 7RI COUNTY DEVELOPERS, INC
Re;istered Profeesionel Engineer 2665 VINSON RD.
Pristered Puolic 3.:r eyor WYLIE, TX 75098
(214)475-0756
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PETITION FOR ANNEXA`lA/
THE STATE OF FEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF V) iiE` [O|lIH nU:/!li ,
TEXAS:
,
Now come � (�� / � the Muni . o�
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of Was, and reproients
to the City M(ncil of the said City of Wylie, Texas , Lha�
he is the owner or is acting for all of the owners cr
partnerships or corporation who are owners of the /n | 1 .x.` .'.i
described tract of land which is contiguous and adjacent to
the City of Wylie, in Collin County, Te,/ as, and in whiah 0as
] ess than three <3> qualified voters, , eside, desc, ibed as
follows::
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PETITION FOR ANNEXATION CONT' D' PAGE 2
Said presents that ho and
all othe wners dZsire to be r -
lexet Ls and made ps, / oi
the said �ity of Wylie, Collin -county, Te: ,s, subject to alI
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, Te:as
as provided by Article 974 (g ) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS'
Wit Witriss the hand of this petitioner this ihe _ da`' of
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THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the N on Lhl � �ay
personally appear e ��, knar'n to
me to be the persor&/ �hose name ' is n ""u )scribed
�o �h�
foregoing instrument , and acknowledged to me that he
executed the same for the purposes and consideration Lherers
expresses:
,
Give y`hand and seal of cjfice this the ._rf�� /� �
of _ _____________, l9B_�� '
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Notary Public , Collin Count , re`.os
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EXHI111 "A" ARC"`
1tOUN W Y DESCR I P'fl ON V OL-.
living a 2 ,000 tfnkt al land oitutttt.'d lts Collin Cuanty , "luxu3, in the
trillium SnfhNti Survo* , Abstract No, P!'#``I, find huing t.t port of a
00 a,.r e
tract of land described in a deed it om ,1 .1`. tt:'Cl , ,'t ux , to Mary S. .1acob:4
as recorded in Volume 886, Page 563, of the Collin County Deed Records,
said tract being more particularly described as follows:
rti ;;INNING at a 1/2 inch iron rod set on the centet line of Steel Road (60
toot undedicated right-of-way) , said point also being the northwest corner
of the said 2.000 acre tract ; said point t;lso being on the south right-of-
1 inc• of F.M. No. 544 (80 foot R.O.I+'. )
' HENCE East , along said south right-of-wa\ lino 01 F.M. 5444 , to a 5/S inch
: eon rod found for a point on line and continuing along said bearing for a
distance of 230.47 feet to rr 1 /2 inch iron rod set for corner ; in all a
total distance of 2(,0.47 feet ;
THENCE S 00°01 ' 35" t:j leaving said south right-of-way for a distance of
"i34 ,60 feet to a 1/2 inch iron rod set for corner ;
THENCE West , fcr a distance of 260. 19 feet to a 1/2 inch iron rod set fot
corner ; said point being on the center line of previously said Steel Road
foot undediicutc•d right-of-way) ;
THENCE N 00001 ' ,:0" W along the saki center line of Steel Road for a distance
1 334 .60 feet to a 1/2 inch iron rod set for the PO:NT OF BEGINNING;
c,0N'iAIN1 C ,`i7 , 107 . 1Et square feet or 2 .tO0 acres of land .
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CITY OF WY I
114 N. BALLARD ST. - P.O. BOX 428
WYLIE, TEXAS 75098
(214)442-2236
June 25 , 1985
Richard Kammerman
Kammerman , Overstreet & Hurren
Attorneys at Law
1020 American Plaza
Austin , Texas 78701
Dear Mr . Kammerman :
Attached you will find a revised copy of the agreement
between the City of Wylie and South Fork , Ltd . Changes ,
based upon comments from the City Attorney , are included in
the following sections :
1 . Section III . paragraph 3 .
2 . Section IV . paragraph 2 . deletion of reference to
Police . paragraph 3 . add paragraph with
reference to police , renumber paragraphs .
Please review these sections and notify me by telephone if
your or your principal has any problems with the changes .
If not , if you will have your principal sign .and return , the
City Council will be prepared to act on this matter on
Tuesday July 9 , 1985 at their regular meeting .
I think , upon reflection , you will see that the problem
about the zoning question is handled in the only way
possible ; however , since annexation cannot occur
immediately , your use of this property will be
"grandfathered" in any case .
G s H . Pa as
City Manager
GHP : bl
encl .
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AGREEMENT BETWEEN THE CITY OF WYLIE AND
SOUTH FORK, LTD. , A TEXAS LIMITED PARTNERSHIP
THE STATE OF TEXAS :
COUNTY OF COLLIN :
This agreement , entered into as of the elate last below written ,
is executed by and between the City of Wylie , a Home Rule City
and body politic , corporate and governmental agency of the State
of Texas ( the "City" ) and South Fork , Ltd . , a Texas Limited
Partnership , acting by and through its General Partner , Harold
Holigan ( "South Fork" ) , and Harold Holligan , in his individual
capacity , as a guarantor herein( "Guarantor" ) .
WITNESSETH
RECITALS
WHEREAS , the City is vitally concerned with the maintenance of
the quality of the water that flows in streams , gullies , ditches ,
• etc . through its corporate boundaries ( "Limits" ) and
extraterritorial jurisdiction ( "ETJ" ) and seeks to encourage and
promote the development of regional and area wide waste
collection ,• .treatment and disposal systems to serve the waste
disposal collection and treatment needs of people who are located
within the Limits and ETJ of the City ; and
WHEREAS , the City has begun implementing an area wide and
regional system to serve the waste disposal needs of residents
within its Limits and ETJ by the implementation of a Lift Station
District ( "District") as well as the adoption and implementation
of a regional sewer plan ( "Plan" ) of which the District and the
Property are an integral part ; and
WHEREAS , another purpose of the District and ''the Plan adopted by
the City for waste disposal needs of residents within its Limits
and its ETJ is to prevent the proliferation of small and/or
independently owned sewage treatment plants ; and
WHEREAS , South Fork owns that certain real property which is
described in Exhibit "A" : ( the "Property" ) ; and
WHEREAS , the Property is located in part of the ETJ of the City
of Wylie and in the future will be annexed by the City and there
currently is no sewage service available to the Property for the
purposes of serving 750 mobile homes planned as the use of that
Property ; and
WHEREAS , the City and South Fork have agreed that the City should
provide wastewater disposal services to the Property for the
development of a mobile home park with a maximum of 750 mobile
homes in it and accordingly , the City has agreed to provide water
1
and sewer service as well as other services as stated herein to
the Property in a sufficient amount for such a use ; and
WHEREAS , the City finds that by entering into this Agreement ,
that it is encouraging and promoting the development and use of a
regional and area wide waste collection treatment and disposal
system and further , at the same time is taking steps to maintain
the quality of water that flows through the City ' s ETJ and
Limits ; and
WHEREAS , the City further finds that the execution of this
Agreement is consistent with the Plan and in the best interests
of the residents of the City ; and
WHEREAS , both Parties recognize that provision of the services as
hereinafter described by the City to the Property is of vital
importance and concern to South Fork and the Guarantor , because
without the provision of water and sewer services to the Property
by the City , South Fork could not develop the Property for the
purposes stated herein .
• NOW, THEREFORE , for and in consideration of the above referenced
recitals , all of which are incorporated herein by reference , and
other good and valuable consideration , the Parties agree as
follows : • •
I .
RECITALS
1 . All of the recitations contained above are true and
correct and constitute important consideration for this
Agreement .
II .
DEFINITIONS
As used in this Agreement , the following words and terms shall
mean and include , and are defined , as follows , unless the context
shall clearly indicate a different meaning :
1 . THE CITY - shall mean the City of Wylie , its agents ,
employees and representatives .
2 . SOUTH FORK - shall mean the South Fork , Ltd . , a Texas
Limited Partnership , its agents , employees and
representatives .
3 . SERVICE AREA - shall mean the area represented by the
Property as shown on Exhibit "A" which is attached and
incorporated herein for all purposes .
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4 . THE PROPERTY - shall mean that certain real property
described in Exhibit "A" .
5 . WATER - shall mean water of a quality conforming to the
standards for potable water as set by the Texas
Department of Health and/or the Environmental
Protection Agency , as applicable .
6 . WASTE DISPOSAL SERVICES - SEWER SERVICE - treatment of
sewage (as that word is defined in V . T. C . A . WATER CODE
Section 26 . 001 ( 7 ) by the City of Wylie at its sewage
treatment plant under the provisions contained in this
Agreement .
III .
OBLIGATIONS OF SOUTH FORK
1 . MOBILE HOME ORDINANCE. South Fork agrees that the
mobile home park to be developed on the Property will ,
in all respects , comply with the City ' s mobile home
park ordinance , and the rules and regulations of the
City except with reference to the size and depth of the
lots .
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2 . VOLUNTARY ANNEXATION . South Fork will execute the
appropriate documentation to commence voluntary
annexation of the Property into the City . Those
documents are contained in Exhibit "B" which is
attached hereto and incorporated herein for all
purposes . South Fork will request such voluntary
annexation by the execution and delivery of the
documents contained in Exhibit "B" to the City no later
than November 1 , 1985 .
3 . ZONING . Upon completion of the annexation procedure
into the City , South Fork ' s request , in writing , that
the Property be zoned for a mobile home park as
attached hereto will begin it ' s process . The City
recognizes the desire of the property owner for mobile
home zoning as evidence by the request attached hereto .
4 . FEES . South Fork agres to pay to the City impact fees
of $500 . 00 per unit on the Property and further , agrees
to pay the City $135 . 00 for each water and sewer tap .
South Fork further agrees to pay to the City an
assessed Lift Station District Fee .
5 . EXTENSION OF LINES . South Fork agrees to pay for the
extension of the City ' s water and sewer lines ( " the
Facilities" ) from their current location near the
Property to the Property and such Facilities will have
sufficient capacity to serve the Property for the uses
and density stated herein and any intervening property ;
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provided ; however , that any intervening landowner who
seeks to utilize the capacity in the Facilities and
accordingly , the City agrees to rebate to South Fork
that proportion of the costs of the said water and
sewer lines attributable to the intervening property
owners or other property owners who may tie into such
Facilities . The Facilities shall , in all respects ,
comply with all City ordinances , rules and regulations ,
as well as other regulations , rules and laws of all
appropriate governmental entities as may be applicable .
6 . SUBDIVISION ORDINANCE. South Fork agrees to comply
with the Subdivision Ordinance of the City . South Fork
will further build a perimeter street on the north and
west boundary of the Property . The perimeter street
will be up to 22 feet wide and South Fork will set
aside a 60 foot right—of—way for that perimeter street .
7 . PERMITS AND LICENSES . South Fork agrees that , upon
execution of this Agreement by the parties , it will pay
for the appropriate licenses and permits from the City
and will follow the City ' s construction codes in its
construction of the improvements on the Property .
8 . PUBLIC SAFETY ACCESS . South Fork agrees to execute a
document granting to the City a public safety access
easement to the Property .
IV .
OBLIGATIONS OF THE CITY
1 . WATER AND SEWER SERVICE. The City agrees to provide to
the Property Water and Sewer Service as needed to serve
up to 750 mobile homes which are planned for a mobile
home park to be developed by South Fork on the
Property . Provided , however , nothing herein shall
obligate the City to construct the interior water and
sewer lines needed in order to distribute the water to
each mobile home and structure within the mobile home
park on the Property or any lines related to the
disposal of the wastewater as part of a sewer
collection system lines for the waste disposal system
and water distribution lines on the Property shall be
constructed in accordance with Texas Department of
Health rules and regulations , as well as any and all
other rules and regulations as set by the City .
2 . FIRE AND REFUSE SERVICES . The City agrees that it will
provide fire protection to the Property and will
further provide refuse pickup service to each mobile
home and structure located on the Property . Before and
after the annexation of the Property into the City is
completed , South Fork and the City agree that the City
4
shall charge each mobile home owner for the services
rendered by the City . Until annexation , the City will
charge each mobile home owner "out of City" rates for
services provided herein .
3 . POLICE SERVICES . Both parties recognize that Police
services and subsequent law enforcement may not be
provided to a piece of property which is not part of
the City of Wylie and therefore , not within it ' s
jurisdiction . However , the City does agree that upon
completion of the annexation process full Police
protection and services will be provided to the
Property .
4 . REGIONAL SYSTEM — CONDEMNATION . In order to obtain the
benefits of a regional sewer system , and further to
avoid a proliferation of small and/or independently
owned sewage treatment plants , and further , to preserve
the quality of the waters that pass through the ETJ and
Limits of the City , the City agrees to obtain
appropriate easements for the water and sewer lines
described herein to extend the water and sewer lines to
the Property , and in the event that the City is unable
to obtain the easements in a voluntary manner from
landowners , the City agrees to utilize its powers of
eminent domain in order to obtain those easements for
the public purposes stated herein .
V .
OWNERSHIP OF FACILITIES
1 . OWNERSHIP. South Fork and the City agree that
notwithstanding that South Fork will pay for the
extension of the water and sewer lines , the City will
own those lines and any appurtenances connected
thereto . The City agrees to maintain the Facilities in
accordance with all City rules and regulations , as well
as the requirements of all other governmental agencies
having jurisdiction . South Fork shall have no
responsibility or liability arising , directly or
indirectly , m out of the ownership or maintenance of the
Facilities by the City and the City agrees to indemnify
and hold South Fork harmless from any and all
liabilities arising out of the construction ,
maintenance , or failure of any of the Facilities
described herein or constructed pursuant to this
Agreement , including the negligence or willful acts of
any of the City ' s employees , agents , representatives or
contractors .
5
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VI .
COMMENCEMENT OF SERVICES
1 . COMMENCEMENT . The parties agree that the City shall
have the water and sewer lines extended to the Property
and service for water and sewer , along with the other
services described in paragraph IV-2 herein , available
to the Property for the purposes described herein no
later than July 15 , 1985 .
2 . DISCHARGE PERMIT . Within ten ( 10) days from the date
that the last Party to this Agreement has signed this
Agreement , the Guarantor will take appropriate steps to
withdraw an application for a waste discharge permit
for a sewage treatment plant to serve the Property
which has been filed with the Texas Water Commrnission .
VII .
MISCELLANEOUS
1 . PAYMENT OF FEES . South Fork agrees to timely pay all
of the - fees called for herein in accordance with
applicable City rules and regulations .
2 . REGULATORY AGENCIES . This Agreement shall be subject
to and governed in accordance with all applicable laws ,
rules or regulations of any Federal , State , county or
local governmental entity having jurisdiction .
3 . COOPERATION . The City and South Fork agree that each
will cooperate with each other in order to implement
the provisions contained herein .
4 . TERM OF CONTRACT. This Agreement shall be in force and
effect from the date hereof for a term of forty ( 40)
years or until such time as the annexation is completed
and the Property is located within the Limits of the
City .
5J TITLES . The titles and headings of each of these
paragraphs or subparagraphs are assigned for
convenience only and are not intended to be descriptive
of any of the matters following the titles . The titles
shall not be considered as any substantive part of this
Agreement nor shall they in any way restrict the
subject matter that may be contained in any title or
section or sub—section within any title or any part of
the Agreement .
6 . SEVERABILITY . In any one or more of the sections ,
provisions , clauses , words or terms of this Agreement
shall , for any reason , be held invalid , illegal , void
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or unenforceable , such invalidity , illegality ,
voidness , or unenforceability , shall not , in any way ,
affect any other section , provision , clause , work or
term of this Agreement , and the Parties hereto agree
that they would have entered into this Agreement
regardless of such invalidity , illegality ,
unenforceability or voidness .
7 . RESOLUTIONS . Each of the respective Parties warrant and
represent to the other that the appropriate resolutions
have been executed by the respective governing bodies
of each Party in accordance with the particular rules ,
regulations , laws and bylaws of each particular Party
and each of the undersigned , as a representative of
each Party , is fully authorized on behalf of their
principal to execute this document , bind their
principal and perform hereunder .
8 . BINDING . This Agreement shall be binding upon and
insure to the benefit of the successors and assigns of
each of the Parties .
9 . TIME. The Parties agree that , in light of the
circumstances surrounding the request for the services
fre.rein described by South Fork , and the immediate need
for such services for the Property , time is of the
essence in this Agreement .
10 . REMEDIES . Both Parties recognize and agree that
especially water and sewer service to the Property is
extremely valuable to South Fork and the Guarantor for
the development of the Property in accordance with the
use stated herein . By the same token , both Parties
agree that the City has vital interests at stake
pertaining to the Property and the provision of the
Property with the services contained herein and the
annexation of the Property into the City . Accordingly ,
recognizing the vital interests and importance of this
Agreement to both Parties , and further , recognizing
that it will be difficult for the Parties to measure
any losses or damages that might be incurred if. either
Party were to default herein and further , recognizing
the difficulty in ascertaining damages arises because
of the unique nature of the matters contained and
provided for herein ; and further , the Parties recognize
that damages alone will not be sufficient to properly
recompense either Party , the Parties agree that both
Parties shall have the right of specific performance to
enforce the provisions contained herein in addition to
all other rights and remedies at law or in equity .
11 . GUARANTOR . Harold Holigan as an individual , and in his
individual capacity , personally and unconditionally ,
guarantees performance of all of the obligations of
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South Fork contained herein . Harold Holigan , hereby
agrees that within ten ( 10) days from the date that the
last signatory has signed this Agreement , he will cause
the application he has filed with the Texas Water
Commission for a waste discharge permit for the
Property to be withdrawn . Such withdrawal shall be
without prejudice to Harold Holigan ' s right to refile
and reprosecute same if the Property does not receive
the water and sewer service and other provisions as
contained herein .
12 . EXECUTION DEADLINE. Unless this Contract is executed
by both parties by 10 : 00 P .M. on JUly 10 , 1985 , any and
all statements contained herein shall be considered
null and void and of no force and effect .
IN WITNESS WHEREOF the parties have executed this Contract in
multiple copies , each of which shall be deemed to be an original
and of equal force and effect this the day of July , 1965 .
CITY OF WYLIE:
Jo n W A n, Mayor
TITLE : ..�.�
ADDRESS :
ATTEST :
CITY SECRETARY
APPROVED :
CITY MANAGER
8
PETITION FOR ANNEXATION
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLlE, COLL1N COUNTY ,
TEXAS:
^
Now comes _ �-7 _______ of the County of
__-Dallga........ 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:
J�1
~
` .
�
^
PETITION FOR ANNEXATION CONT' D' PAGE 2
Said ___ HaII�d8�li��9________________ 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.
I
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 _���___ day of
Myoker...............
6i^�nature
Barold 8oligao. `
-----------�����---------------
Please Print Name
8585 Stemmoua Fovy. Suite #800 Soucb
-----------------------------
Address
Citv Texas Zip
214-621-4931
Telephone
��
THE STATE OF TEXAS:
COUNTY OF Dallas .:
Before me, the undersigned Notary Public on this day
personally appeared __}{ajald_NgljJ�gn 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 undeq my hand and seal of office this the _�� day
of _November 198-5__.
Notary Public , Dallua County Texas
`
`
`
_��
PETITION FOR ANNEXATION
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY ,
TEXAS:
Now comes Q 3 tCdA1C- _71,) 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:
PETITION FOR ANNEXATION CONT' D. PAGE
Said Harold Holiigan 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 ��� day of
November ,
•
/44+-1,--a
Si nature
Harold Holigan
'Please Print Name
8585 Stemmons Frwy. Suite /#800 South
Address
City Texas Zip
214-631-4931
Telephone
THE STATE OF TEXAS:
COUNTY OF Dallas .: •
Before me, the undersigned Notary Public on this day
personally appeared Harold loligan , 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 _L ;____ day
of November , 198 5 __
Notary Public , Dallas County Texas
•
'
. . ,
'
.
PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLlE, COLLIN COUNTY,
TEXAS:
Now comes ... S � LID. ___________ of the County of
__ DALIAS and the State of Texas, and represents to
the City Cpuncil of the said City of Wylie, Texas, that he
is the 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:
ID
���
`
. ^ .
PETITION FOR ZONING CONT' D. PAGE 2
Said ___BAWK _............. represents that he and all
other owners desire the zoning to be changed from
to 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, respectfull prays that the land
above described bne 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 ...I&L........
day of ...-0oy.9 d.!Eji:1 198�L__.
' Signature
Harold 8oligau .
----------------------------------
Please Print Name
8585 Scemmous Frwy. Suite #800 South
---------------------------------
Street address or Box No,
Dallas, Texas 75247
---------------------------------
City Texas Zip
214-631-4931
-------------------------------
Telephone
a
THE STATE OF TEXAS:
COUNTY OF Dallas:
Before me, the undersigned Notary Public on this day
personally appeared ___Harold.lioljgan_ -.-_.__.,___, 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 __ls_Z__._._day
of November 1985 .
Notary F'c4l i c, Dallas Cou Texas
•
PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS:
Now comes SOUTHFORKL LTD. 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 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' D. PAGE
Said ___ represents that he and all
other owners desire the zoning to be changed from
to NQt, gcuar_pa ____ 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, respectfull prays that the land
above described bne 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
day of • No..MgM5 , 19SS __.
Signature
Harold Holigan
PPease Print Name
8585 Stemmons Frwy. Suite #800 South
Street address or Box No.
Dallas, Texas 75247
City Texas Zip
214-631-4931
Telephone
THE STATE OF TEXAS:
COUNTY OF Dallas:
Before me, the undersigned Notary Public on this day
personally appeared HarQ g n_ , known to me to be
the person whos name is subscribed to the foregoing
instrument, and acknowl edged to me that he executed the same
for the purposes and consideration therein expresses:
Given under my hand and seal of office this the 1_,s_t____day
of November , 198 5 .
tam
oar
Notary ic,PtOil Dallas Cou• i"'Te>c as
"� +r/• ! �s yp i '
ter: e` { r + k'' c 1 y yEs ' C ALLEN,P.C.
�y d4
, }, as , nit k , MO .. 0111".altrtfM
•
.�,.r� ; +^ �i � ti yj" .y_ dry
+,,..
CONTRACT FOR THE COLLECTION OF
DELINQUENT TAXES
THE STATE OF TEXAS §
COUNTY OF COJJJN §
THIS CONTRACT is made and entered into by and between the City of
Wylie, a municipal corporation, acting herein by and through its governing
body, and McCreary, Veselka, Beck and Allen, P.C. (The Firm) , Gate Way Center,
5929 Balcones Drive, P.O. Box 26990, Austin, Texas, 78755.
I.
The City of Wylie agrees to employ and does hereby employ The Firm to
enforce by suit or otherwise the collection of all delinquent taxes, penalty
and interest owing to the City of Wylie. Current year taxes which become
delinquent within the period of this contract shall become subject to the
terms of the contract upon the following conditions:
A. Taxes that become delinquent during the term of this contract, that
are not delinquent for any prior years, become subject to the terms of this
contract on June 1 of the year in which they became delinquent.
B. Taxes that become delinquent during the term of this contract, on
property that is delinquent for prior years, shall become subject -to its terms
on the first day of delinquency as defined by the State Property Tax Code.
II.
The City of Wylie agrees to furnish all necessary delinquent tax
information to The Firm on all property within the taxing unit.
III.
The Firm is to advise the Collector or other officials of errors,
double assessments or other discrepancies coming under observation during the
progress of the work.
IV.
The Finn is to intervene on behalf of the City of Wylie in all suits
for ad valorem taxes hereafter filed by any other taxing unit on property
located within its corporate limits.
V.
The Firm agrees to file suit and reduce to Judgment and Sale the vacant
and uninhabited property located within the taxing unit provided the City of
Wylie furnishes run sheets showing the necessary data and information as to
the name, identity, and location of the necessary parties, and legal
description of the property to be sold. The Firm agrees to sue for recovery
of the costs as court costs provided by Section 33.48 of the Property Tax Code
of Texas.
VI.
The Firm agrees to make delinquent tax collection progress reports to
the City of Wylie on request.
VII.
This contract shall continue in full force and effect from year to year
and each party shall have the right to review or to terminate this contract
for cause, giving thirty (30) days written notice of such intention with a
statement of the cause or reasons for such termination and allowing a
reasonable opportunity to explain or rectify the same; provided, however, that
The Firm shall have an additional six (6) months to reduce to Judgment all
suits filed prior to the ending date of the contract. In consideration of the
terms and compensation herein stated, The Firm hereby accepts said employment
and undertakes the performance of this contract as above written.
VIII.
The City of Wylie agrees to pay The Firm, for services rendered,
Fifteen Per Cent (157) of all delinquent taxes, penalty and interest collected
by the taxing unit for years covered by this contract. The penalty imposed
pursuant to Section 33.07 of the Property Tax Code is not subject to this
contractual fee. All fees provided for in this contract shall become the
property of The Firm at the time payment of taxes, penalty and interest is
made to the Collector. The Collector shall pay fees due The Firm monthly by
check. Costs for the preparation of records required for appeal will be the
responsibility of the taxing unit.
IX.
This contract is executed on behalf of the City of Wylie by the
presiding officer of its governing body who is authorized to execute this
instrument by order heretofore passed and duly recorded in its minutes.
WITNESS the signatures of all parties hereto in duplicate originals
this the day of , A.D. 19 , Collin County, Texas.
THE CITY OF WYLIE, A MUNICIPAL
CORPORATION
BY
McCREARY, VESELKA, BECK AND ALLEN, P.C.
Attorneys at Law
Gate Way Center
5929 Balcones Drive
P.O. Box 26990
Austin, Texas 78755
a�
ack McCreary
MEMO
TO: CITY MANAGER
FROM: CODE ENFORCEMENT OFFICER
SUBJECT : RUSH CREEK PHASE II
We have received all the necessary information required to
approve the public utilities in the above referenced
subdivision and find that all are in compliance with the
subdivision regulations.
We are therefore recommending that Council proceed to sign
the f Trial plat for filing.
Roy Faires
Code Enforcement Officer
RF/md
. 0
Business Wcy
4
0' "- 1--,i' l- 1 .)"
• 544 Industrial m ! !:7 o
5
Park E %� c.) 0
E G-
o �j V'
F. M._ . 544 u ,/ 1 K
PROJECT
:land
w i`, N
LOCATION MAP
i
C'
v
itie ander:314ne(1 , t.ni4 ; fly, ret,ary of the amity of Wylie, Texas hereby certifies that
t
a yWylie was submitted
of cvlsic /AM5TOW Pa,eV; sk�bdivisior, or Addition to theC,Aty of byformal action, the
the day of , 1985, and the
the dedication of streets, alleys, parks, easements, public places , and water and sewer
ersonal 71(-nt v set forth in and upon said plat, and said Council further authorized the Mayor to note
r,_imt"n' by signing his name as hereinabove subscribed.
Witness my hand this • day of , A.D. , 1985.
City Secretary
City of Wylie, Texas
7 /
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C2 S17' 39'09"W 140.81 35' 15' 12" 232.50 143.05 73.87
C3 S11' 28'34"W 92.55 22' 57' 40" 232.50 93. 17 47.22
C4 S30.57'59'W 34.97 8• 37'31" 232.50 35.00 17.53W
C5 S18' 02'04'W 99.31 34' 29'21" 167.50 100.83 51 .99
C8 S45.06. 12'W 70,71 270'00'00" 50.00 235.62 50.00
C7 S44.58' 08"E 99.00 183. 49'03' 50.00 142.96 351 .70
C8 S45' 03'52'W 44.52 89. 55'21" 31 .50 49. 44 31.46
C9 344' 12' 16'14 55.75 88'21 ' 27" 40. 00 81 .69 38.87
C10 S45. 48'25'E 57.35 91. 35'55' 40 .00 83.95 41 . 13
C11 S77. 35'04'E 37.55 24. 46' 46'/X-87 .50 37 .84 19.22
C12 N45. 00'38'E 58.58 90. 01 ' 49" 40 .00 62.85 40.02
•
MEMO
DATE : JULY 19 , 1985
TO : MEMBERS OF THE CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: SECOND MOWING TRACTOR
I hope that each of you has noticed the increased mowing of
railroad rights-of-way , park facilities and the like . This
was a goal that we had been trying to reach for quite a
while . I am sure you are pleased , as I am , that we are now
able to do it with some kind of consistancy . The fact
remains ; however , that the cycle of mowing these large
properties occurs so rapidly that there is little or no time
to mow the regular street rights-of-way throughout the City .
We would ;• ' therefore , like for the Council to consider the
lease/purchase of a second mowing tractor on a five ( 5 ) year
plan at 8% with monthly payments of $370 . We have a second
person in Parks right now who could keep another tractor
busy and we are planning , in next year ' s budget , to have
these people either year-around or at least for a longer
period . The staff feels that this purchase merits your
consideration for the above reasons as well as the fact that
it is fairly obvious that we are about to receive the
donation of additional park land on the Birmingham tract .
us ap s
GHP : bl
.
1.
•
GENERAL FUND
Monthly Report for t-C-')al
Bank Balance as of -7L- �� lq,YS'� 25
Revenue Deposits �j�J y/2, ,J7
,
Interest Earned / GI2, 5
Total Revenue 5 0 5 Q 22 .21
Expenditures /0,�, 7.s' '-S-K)
Bank Balance as of 30 1 gs�
9itw � ./D.2, gyp, 7
UTILITY FUND
,Monthly Report for 4-72�
Bank Balance as of ;Itels-e- /1 iCJrSJ -715'9), o
Revenue Deposits 51 753(5G
Interest Earned ,�p? /
Total Revenue /o74 4 ,,.W
Expenditures (0 Fly4
Bank Balance as of 96e42.4. 30, /9fS G 7' 1_3
GENERAL REVENUE SHARING FUND
Monthly Report for 2
-G-n.C__-
Bank Balance as of 9(.47-ix- /J /IfS— v2 2 //c2 .2 II
Revenue Deposits —'v
Interest Earned /7,3 143
Total Revenue ,27 a35 7/
Expenditures l/ 74e,D0
Bank Balance as of 91. fie, .30, f4.'5 f 4// 7 7/
f:,
1
GENERAL OBLIGATION INTEREST & SINKING FUND
Monthly Report for 72-C
Bank Balance as of 9LGrc.c. 7 I f FS 2 /&fo7 57
Revenue Deposits --0 —
Interest Earned /07,5,j/
Total Revenue a SOS. .7S
Expenditures _.v ____
Bank Balance as of )e.,i-n.x.,_ Y /9I,$_ ,,27‘,205-- Ss/
WATER & SEWER REVENUE BOND INTEREST & SINKING FUND
Monthly Report for fiferz-e_,
Bank Balance as of 9Ze---/-t.-e- / / 5 S'' 9i93'
Revenue Deposits ', .40. ()
Interest Earned 4 0735, 9
Total Revenue ,.57 02Q5 30
Expenditures 7 J 3//S
Bank Balance as of G ( YGi /9f.$ y9 /v 26•�S
WYLIE PARK & RECREATION DEVELOPMENT FUND
Monthly Report for 67Z_e_
Bank Balance as of (� u1S s—�
Revenue Deposits / —v
Total Revenue X': f' ' S--6
Expenditures 3i/3?, 4S
Bank Balance as of 9%.1t ,.5/ /9,S .W/ 7
•
.1
,
•
as,.
i
A
PETTY CASH FUND
Monthly Report for 4-72C_2
21
Bank Balance as of 9tiL . 6IV's 7//2 /2
Water Deposits /fio OD
Total Revenue . 9.6. /a
Expenditures Fo• Uv
Funds Transferred to Water & Sewer Deposits Acct. —d '—'
Bank Balance as of91411-c-
3p /9/5 -- _ vja ' /P
WATER & SEWER DEPOSITS
Monthly Report for 6-72_�
/9
Bank Balance as of "4 ,r/ �97S ! 3 f 72 / /S
Interest Earned c f 79
Funds Transferred from Petty Cash Fund —0—
Total Revenue .3' ' 137 I
Expenditures "'0 —
Bank Balance as of çt7ue. 30� l '5 f(i q 3 7, /
2-
z
STREETS AND DRAINAGE IMPROVEMENT FUND
Monthly Report for
7)
Bank Balance as of '5"--3/—kS /5 c 4,2, 7Z
Revenue Deposits 0
Interest Earned /Q/s. 0
Total Revenue /5 2 /71, 3.2-
Expenditures U
Bank Balance as of 6 -30 -gs l52 / 76 ,7o2__
1..
•
7o
,
ti''1 t'
,f /e
S:
r
;
.
REFUSE DEPOSIT FUND
Monthly Report for .yL4C.,
Bank Balance as of / //j1' '.3 ,FS
1,
Revenue Deposits 3 ,5 2
Interest Earned / 23 -
Total Revenue 5o66 , to
Expenditures i 0
Bank Balance as of it-Q. 3 /91S "" 5O / /u
WATER AND SEWED IMPACT FUND
Monthly Report for Gn-C---
Bank Balance as of. ;;-&yz,e, / / 11 S — /O ,T` 3as7
O3
Revenue Deposits Jf 1 i (i v
Interest Earned ‘9s. 27
Total Revenue / `n a, 30
Expenditures _ /� cP7' 7f
Bank Balance as of - � 3O /91 r5
67/