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07-23-1985 (City Council) Agenda Packet �- 4./ li✓ Mcl_./ 7-/%)-(rh 1 (1/Crlry 1.4-' v -42 ei 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 . 1 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 2 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 • • 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 i 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 T a 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 • F M1( I I. t • • • •1f . t 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 • - 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 Zi" • • 4 • J • • • '1 • • 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 7 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 /ejg 4 7 • 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 . 1 (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 . 2 (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 . , (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 . 3 „�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 4 / �� 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 . 6 / 4 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 . 7 7 (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 . 8 / ° 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 /9 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 �0 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 5v I j � I I � vs^al`" , 5e • • O r � � - - - S P A,j . • In 0 A/p I 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__ ?/(, 9' Ot Signature P _E.ar.old_Edi'iards ---.___-- Please Print Name Address • City Texas Zip (214 ) ±25_Q256 --- Telephone i a 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 )/ TO MA PAR'S1 1t TTr,>r$TSD its t'n19,1%dli + 415v&lttlf . yas, tttie 44' 4• el c86li ti4A4 1 11414 y tht$ 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; • 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. • • 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 • • • Hi �3 ' c E a o—___ I . • . ... -i. i • ,.. . . . =- - .---,..............-...„........ .1 •,\ . • , . ',.. • .. , . 1`k.) ...* l• . W1 . . . . % eT\ •; ix) I. 4t, ‘• . ., ,4 ., A' / . ij; 1) C , ' -.. .... 1--, r/.....• c •1 .--, . . .. - - " — ' -1,-• ' ".• +, ,,,,_.; . 9' r, ... '.1 , . \) - 1 • ‘r t.:7.--. S tctli)° \ ' r J ' • , , r . , l'‘'' • I — - .. _ /) \' , 1 r I I I I •I. I d . . • . • \ ' . .., \&) . ,t —• ,\\V 1 ^ . . ` � ' � ` 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� ���_------------�----�Z. ^ 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:: � �r ^� � ��� c�*�' �//�°�� �� 7- / "J �� ^0%� / �?/|//'�k � � ' / / 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 ------------ l98��_ e-4-- ��� � __�_���_ C,/__-�~-�_ (/^� Sig/`atur� �\� �� ' / .......... AaAp ~���� �� /)� / /�/ / `�/�� �- -~�-°^--/'/ ~^- `-7''�y�-^~- -- ��//�^'� / / / ` ` 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_�� ' ` Notary Public , Collin Count , re`.os ` ~�' 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 . • • • • • • • • • • • • • ,-;Atv �� *� ue 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 . fr. 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 . 2 / 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 . • 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 ; 3 Y/ 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 1�� 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 6 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 7 • 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 / ' /\ . N/J , , , J i 0 . /7 \ i G \J / �o \ /,,,,, z, __ 4 s : .„,-' \ i • , . 1 idr, .i.,„. // / % ,U C t, / / )t). 1 /, �, N J T 7 O ��F'd •.'t./_o . / `• �; '%. h/ r -- - -- Q z if /r 1// '( ' .\, ,X / n " / 7 bild I 7 \ \ ......... , --. • - • • •\ I \1 1 ... I _.-- ,•4::f -2.',if , , . ?.' ''. l'. / f., .i 1,‘, '-e_-... ,i ''')/'. 1./6//:: eiv/Nil ., ,V , .. 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SITE Wylie : .:. . . .4: _: . • i _ :I i / / _ V. r L oCAT/ON M4f, 5co/e: /''= 2GY,a ' • &c CK SOTS ZO/N6 723TI4L LorS A / RE7A/L / 4 f 46ru 22 afb 2F t 5 / /hru 7a4 2F Zi, C /7Lhru /Oofb 2F 1) /71hru /8 SF-2 E / /hru a, 3F-2 30 F /71h/7i 6 6f-2 D /9,thry 3/ 3F-/ E 7/Ira /5 Sf-/ F 7/hru // sr-/ 37 C� / /hru /D :,�-/ Tor4L /44 1 r r--)- j- 0,0 t (/--,-, ci a ._ i ' / . . C U,PYE O.4T,27 NO. BEARING CHORD DELTA RADIUS LENGTH TAN C1 S20' 12'38"W 87.09 30' 08' 14" 167.50 88. 10 45. 10 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/