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03-26-1985 (City Council) Agenda Packet AGENDA SUMMARY TUESDAY, MARCH 26 , 1985 \ ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections . ITEM NO. 2 - APPROVE ANNEXATION OF 21 ACRES ON FM 544 - This property is described as 21 .0541 acres out of the L. K . Pegues Survey , Abstract 703 and the I . & G.N . Ry . Co . Survey , Abstract 1061 and is located on FM 544 at the east corner of Hooper Rd . This is our formal step in the annexation of this property to the City of Wylie . ITEM NO. 3 - CONDUCT PUBLIC HEARING ON ZONING OF 21 ACRES ON 544 This is the public hearing on the zoning for the property described above. The petitioner , Sammy Williams has requested Industrial zoning; however , at the Planning and Zoning Meeting on February 28, the commission members , after a lengthy discussion recommends to the City Council that the portion of the property fronting on FM 544 , about 200-400 ft . deep , be zoned B-2 and the remainder of the property be zoned Industrial . Their feeling was that the B-2 zoning would project a more esthetic image as the approach to the city. This is compatible with the projected land use in the area and is compatible with the uses existing on 544 such as Texas Fence and Spa and even D C Automotive, should that become a part of the city in the future . As you are aware , the B-2 zoning will allow for outside sales and storage but does not allow for the manufacturing process . The owner of the property has expressed a possible use for the existing house on the property as a restaurant . This zoning designation would in no way rule out that possibility . ITEM NO. 4 - APPROVE ZONING ORDINANCE FOR 21 ACRES ON FM 544 - This is our formal step in the zoning of the property described in items 2 and 3. ITEM NO. 5 - APPROVE ANNEXATION OF 33 PLUS ACRES ADJACENT TO STEEL INDUSTRIAL PARK - This property is described as 33 .8858 acres out of the Wm. Sachse Survey , Abstract 835. This is the final step in the annexation of this property . You will remember it is located directly south of and adjacent to Steel Industrial Park. This is the northern portion of the property being developed by Mr . Ken Swayze as a second part of the Steel Industrial area - to be named Regency Business Park. ITEM NO. 6 - CONDUCT PUBLIC HEARING ON ZONING OF 33 ACRES ADJACENT TO STEEL :' INDUSTRIAL PARK - This is the property described above . The petitioner has not formally filed a petition for zoning with the city ; however , his desire is for Industrial zoning and as this is compatible with surrounding use it is recommended to the City Council for Industrial zoning by the Planning and Zoning Commission by a vote of 6-0. ITEM NO. 7 - APPROVE ZONING ORDINANCE FOR 33 ACRES ADJACENT TO STEEL INDUSTRIAL PARK - This i5 the property described in items 5 and 6 . ITEM NO. 8 - FINAL PUBLIC HEARING ON ANNEXATION OF 7.50 ACRES ON HOOPER RD. - This property is owned by Duane and Alice Helmberger . It is located on Hooper Rd . and is identified as the white house on the right . The property is contiguous on three sides and, is a legal candidate for annexation to the City of Wylie . The annexation of this property would complete the tie-in between Steel Rd. and Hooper Rd . on the northwest corner . ITEM NO. 9 - APPROVE CONSTRUCTION PLAT FOR 544 INDUSTRIAL PARK - This is a housekeeping step for us . This final plat was approved by the P&Z and was then forwarded for approval by the City Council . However , our ordinance requires the additional step by the Council to "approve for construction" . This is that step . 1 ITEM NO. 10 - APPROVE PRELIMINARY PLAT FOR CENTURY BUSINESS PARK This property is located on SH 78 south of Roddy,, and Associates . It has been reviewed by appropriate staff memberss 'a d recommended for approval. The Planning and Zoning Commission reviewed this plat at their last meeting and recommends approval by a vote of 6-0. We might bring to your attention , the fact that the State Highway Dept . has requested that Alanis open onto SH 73 at a slightly different point than is shown on the plat . That however , is a minor point and has been worked out between our engineer and the developers engineer and the State Highway Dept . The exact location of the highway entrance will be indicated on the final plat . ITEM NO. 11 - APPROVAL OF PRELIMINARY PLAT FOR SOUTHPLACE ESTATES This development is located on S . Ballard Street directly across the street from West Wind Meadows addition . The P & Z had a rather lengthy discussion concerning this development and recommends approval with some stipulations ; namely that Aspen Dr . be located directly across from Stoneybrook to facilitate access . There was also a recommendation that a walkway be installed by the developer between lots 20 and 21 and lots 10 and 11 for school children. These recommendations were approved by a vote of 5-0. There was also some discussion to ask the developer to rename Aspen Dr. in front of lots 1-29 as E. Stoneybrook in order to have a continuity of street names in the area . These corrections have been made and thus the plat is ready for your approval . ITEM NO. 12 - ACCEPTANCE OF LAND FOR LIFT STATION - This property is the tract of land south of Stone Road where it intersects Rush Creek and is the now preferred location for the Rush Creek I Lift Station. You will recall that we accepted dedication of a tract of land from Mr . Roddy Groves for this same purpose. Subsequent to that decision we discovered that there were many disadvantages to Mr . Groves and to the city in the original site and a significant improvement and advantages by switching to the second site. The property owners were in agreement and this action is necessary to complete the process . It will be necessary , after completion of this action , that the Council return the dedication on the Groves property . ITEM NO. 13 - CONSIDER AUTHORIZATION FOR BIDS FOR EQUIPMENT FOR GROUND STORAGE TANKS - It is necessary that we have the council ' s approval to open the invitations to bid on pumps and special fittings which are necessary to complete the installation of our ground storage facilities at Steel Industrial and Nortex . ITEM NO. 14 - CONSIDER AUTHORIZATION FOR BIDS FOR LIBRARY EQUIPMENT AND FURNISHINGS - It is necessary that we have the Council ' s approval to receive bids for the shelving and furniture for the new library. In order to insure that the legal processes are complied with , and that the resultant bid award has time to be delivered , it is necessary that we start now. ITEM NO. 15 - CONSIDER AUTHORIZATION FOR BIDS FOR LIFT STATION TANKS - It is necessary that /we have the Council ' s authorization to receive bids for tanks for at least the Rush Creek Lift Station and the Muddy Creek Lift Station . There is some engineering and discussion about the exact configuration of those two lift stations; however , when that decision is made , the staff would like to have the authorization to advertise immediately so that the tanks could be delivered and installed during ideal climate conditions. ITEM NO. 16 - CONSIDER AUTHORIZATION FOR POSITION OF INSPECTOR The greatly increased building activity has caused concern among staff and Council members about our ability to keep up with the ever increasing work load requirement for inspectional services . That conversation has manifested itself into the need for a discussion about the addition of a second full-time inspector . That position cannot be advertised and filled without 2 authorization from the City Council . If authorization is given , it is likely that the process will require atleast 30 days before the inspector can start to work . This time delay makes the decision imperative if the new position is to be timely and effective . The staff is of the opinion that the greatest assistance at the lowest cost would be provided by the acquisition of an individual who is qualified by the State of Texas as a "1 & 2 family dwelling inspector" . As this is the area where the greatest activity will lie during the upcoming summer and fall season . In addition , we would hope to find some individual who is also qualified as a sanitarian so that we may begin to inspect food service and health care facilities . we cannot predict the availability of such an individual , this approach would be our primary concern . In concert with this approach , should be some discussion at the Council level about maximizing the benefit of such a move by the consideration of acquiring , if available , some temporary office space where the city engineer could he housed at least a couple of days a week and be in the office all day and , if necessary , the addition of clerical pesonnel . The activity and revenues produced by this arm of the city is increasing exponentially and it is felt that we should be keeping pace with the provision of services to the developers and builders since this is a service which they pay for themselves . For example , building permits alone last year , accounted for $75 ,000.00 worth of revenue . This year , thus far , that category has generated over $18 , 000 . 00 with the biest period still to come . It is likely that this department ',:•ill easily account for $ 100 ,000 . 00 plus in revenue this year and is only currently budgeted for $67 , 000 .00 . If we could honestly say that the services that this money paid for were being provided in a timely and efficient manner , then the additional funds would be justified as a windfall for us to use in other areas . However , unfortunately , we cannot honestly make that statement and thus , staff feels that you should seriously consider beefing up that department so that it may genuinely meet the peak demand that lies ahead . ITEM NO. 17 - REQUEST TO STATE HIGHWAY DEPT TO REDUCE SPEED LIMIT ON HWY 78 - These next two items are to consider the formal adoption by the Council of the authorization to request from the Texas State Highway Dept . that the speed limit be changed to a reduced speed within the city limits of Wylie along highway 78 . The exact location of the reduced speed zone will be a matter of the Council specifying that area at the meeting and then the Mayor along with the city engineer passing those desires of the Council on to the Texas State Highway Dept . as an official Council request. ITEM NO. 18 - REQUEST FROM STATE HIGHWAY DEPT TO MODIFY STRIPING ON TURN LANE AT HWY 78 AND 544 - Generally the same as above ; however , in this case, the city engineer will need to make drawings of the improvement to become a part of the official request . • Date Posted : March 22 , 1985 Time PQs,ted : 1 : 30 P .M. AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, MARCH 26 , 1985 7 :00 P.M. CITY HALL CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS - 1 1-9 Consider approval of minutes . 2 9a Consider approval of proclamation declaring March 30 , 1985 as St Jude Children ' s Reasearch Hospital Day . PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 2 10-12 Consider approval of annexation ordinance for 21 .0541 acres out of L. K . Pegues Survey , Abstract 703 and I . & • G .N . Ry . Co . Survey , Abstract 1061 located east of the intersection of Fri 544 and IIooper Rd . 3 13-15 PUBLIC HEARING : Conduct public hearing on the zoning of 21 . 0541 acres out of: L. K . Pegues Survey , Abstract 703 and I . G .N . Ry . Co . Survey , Abstract 1061 . Located at intersection of FM 544 and Hooper Rd . (Requested zoning B-2 and Industrial . ) 4 16-18 Consider approval of zoning ordinance for 21 . 0541 acres out of L. K . Pegues Survey , Abstract 703 and I .& G . N . Ky . Co . Survey , Abstract 1061 . 5 19-21 Consider approval of annexation ordinance for 33 . 8858 acres out of the Wm. Sachse Survey , Abstract 835 . Located adjacent to Steel Industrial Park . 6 PUBLIC HEARING : Conduct public hearing on the zoning of 33 . 8858 acres out of the Wm. Sachse Survey , Abstract 835 . Adjacent to Steel Industrial Park . ( Industrial zoning requested . ) 7 . 22-24 Consider approval of zoning ordinance for 33 . 8858 acres out of Steel Industrial Park . 8 25-27 PUBLIC HEARING : Conduct final public hearing on the annexation of 7 . 50 acres out of the Wm . Sachse Survey , Abstract 835 . Located on Kooper Rd . south of 1 544 . 1 NEW BUSINESS 9 20 Consider approval for construction plat for 544 Industrial Park . 10 29-30 Consider approval of preliminary plat_ for Century Business Park . (Locate:' south S?I 78 . ) • 11 31 Consider approval of preliminary plat for Southplace Estates . (Loco Led o„ . Ballard Street across from West ', iaf beadows . ) 12 32 Consider acceptance of 1 . 0401 acres cut of the Aaron West Survey , Abstract for a wastewater lift station from C . S . Richards . 13 Consider authorization to go out for bids for pumps and equipment for group:: storage tanks . 14 Consider authorization to go out for bids for equipment and furnishings for new library . 15 Consider authorization to go out for bids for lift station tanks . 16 Consider authorization for position of inspector for 1 S 2 family dwellings sanitation . 17 Consider request to State Highway Dept . to reduce speed limit on 8h 7 from 55 mph to 40 mph from Wylie Butane to buddy Creek . 18 Consider request to State Highway Dept . to change striping on turn lane at EN 544 and Si. 78 . GENERAL DISCUSSION PERIOD 19 Citizen Participation . 20 General Council Discussion . 21 Recess open meeting EXECUTIVE SESSION 22 Convene Executive Session under the authority of Article 6252-17 of V . A .G. S . , Section 2 , paragraph i reel estate . 23 Reconvene open meeting . 24 Consider action on matters discussed in Executive Session . 25 ADJOURN 2 1. 4 CITY COUNCIL MEETING • MINUTES MARCH 12 , 1985 7 :00 P. M. The Wylie City Council met in regular session on Tuesday , March 12 , 1985 at 7 : 00 P . M . in the Council Chambers at City Hall . Mayor Akin presided . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law . Those present were Mayor John Akin , Mayor Pro Tem Hughes , Councilmen Percy Simmons , Cleo Adams , William Martin , Randall Gaston , and Joe Fulgham , City Manager Gus Pappas , City Secretary Carolyn Jones , Coda Enforcement Officer Roy Faires , Public Works Director bill Windham , Chief Royce Abbott , Elayne Mayes and Scott Dorsey from the Wylie News , Fred Ouellette , Sandra Donovan , Librarian Beverly Shockley , Bill Lowe and other citizens . Mayor Akin called the meeting to order and gave the invocation . APPROVAL OF MINUTES : There being no corrections or additions to the minutes , motion was made by Mayor Pro TeL Hughes to approve as submitted . Seconded by Councilman Adams . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Martin - in favor , and Councilman Admas - in favor . This motion carried with all in favor . APPOINTMENT TO PLANNING AND ZONING COMMISSION : After some discussion , there was a recommendation for John Hamilton to be appointed to Planning and Zoning Commission . Motion wan made by Councilman Gaston to appoint John Hamilton t( Planning and Zoning Commission . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in', favor , Councilman Simmons - favor , Councilman Gaston - in favor , Councilman Fulgham - favor , Councilman Adams - in favor , and Coucilman Marti :. - in favor . This motion carried with all in faun . . VALIDATION OF BALLOTS : Staff reported that the ballots received and all were accounted for . Motion was made Mayor Pro Tem Hughes to validate ballots . Seconded Hy Councilman Adams . The vote was as follows : Mayor Akin - favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in faovr , Councilman Fulham - in favor , Councilman Adams - in favor , and Councilman `arti ' - in favor . This motion carried with all in favor . FIRST PUBLIC HEARING ON ANNEXATION OF 7 . 50 ACRES Obi WILLIAM SACHSE SURVEY , ABSTRACT NO . 835 : This property l • N 46 located on Hooper Road , south of FM 544 . The Planning and Zoning Commission recommends approval of this petition by a vote of 6-0 . This property is currently owned by the Helmbergers and is contiguous to the City on three sides . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF ORDINANCE REPEALING ORDINANCE 74-12 : This ordinance provides for a penalty for failure to return books to the library and for violating the rules of the :ylif' Public Library . Motion was made by Councilman Fulgham to approve this ordinance . Seconded by Councilman Martin . the vote was as follows : Mayor Akin - in favor , Mayor Pro Tee, Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF ORDINANCE AMENDING ORDINANCE 84-12 : This ordinance establishes various fees for the City of Wylie . This amendment provides for the payment in lieu or construction on perimeter streets and by developers Wylie . It also provides for the warranty bond required on publicly dedicated utilities and streets . These two ites are mentioned in the subdivision ordinance but no set amount has been established . Motion was made by Councilman Aday to approve this ordinance amending Ordinance Seconded by Councilman Fulgham . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Counciman Fulgham - in favor , Councilman Adams - in favor , and Councilman Martin - in favor . This motion carried wit `, all in favor . APPROVAL OF USERS FEE FOR WYLIE MUNICIPAL LANDFILL - INDUSTRIAL DISPOSAL: This users fees exempts city residents who present a current water bill but sets rates for commercial establishments /and for any person or business outside the city . The contract recently approved the lease of the landfill with Moore stipulates that Moore Industria ] has the right to request certain rates and that the Council must officially act on adopting these rates . Council wanted to know about the dumping of large animals since this was not listed on the users fees . Most landfills do not alloy. large animals to be dumped . Motion was made by Councilman Adams to approve the users fees . Seconded by Councilman Gaston . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor - Councilman Adams - in favor , and Councilman lartin - in favor . This motion carried with all in favor . ACCEPTANCE OF REPAIR AGREEMENT WITH LONE STAR GAS COMPANY : Public Words Director Bill Windham said he had worked with \\ z�. 47 other cities in this type of agreement with Lone Star Gas . Mr . Windham recommends this agreement since Mr . kill Lowe from Lone Star Gas , has been working with the City . Motion was made by Councilman Fulgham to approve and accept this agreement with Lone Star Gas . Seconded by Councilman Gaston . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPROVAL OF BILLS PAID AND ACCOUNTS PAYABLE : Motion was made by Mayor Pro Tem Hughes to approve bills paid and accounts payable as submitted . Seconded by Counciman Adams . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Counciman Gaston - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , and Councilman Martin - favor . This motion carried with all in favor . DEPARTMENTAL REPORTS : All departmental reports wer accepted as submitted . Mayor Akin introduced the no" Librarian Beverly Shockley . Motion was made by Councillr.r. Gaston to approve departmental reports as submitted . Seconded by Councilman Adams . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in faavor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Counciman Adams - in favor , Councilman Martin - in favor . This motion carried with in favor . CITIZEN PARTICIPATION : There was no citizen participation . COUNCIL DISCUSSION ; Councilman Adams would like for sor:eon,- to look at the driveway at 801 Memorial - part of th . driveway is messed up and needs to be repaired . This is tH area where the city contracted out the new blacktop street . Councilman Gaston said going south on Highway 78 and ��ar_ i a right hand turn onto Kirby , the cars come up so close the Highway intersection that the turn is almost i_opossiH . Could the stop line for the signal light be moved back ann sign posted "stop here on red" . Councilman Simmons would like to see a work session for Council on a Saturday in order for plans to he made for tn, future and should include all department heads . Al ( Dogwood street is showing more signs of repairs where t :., steel is coming up through the concrete street . Motion was made by Mayor Pro Tem Hughes to convene int executive session under the authority of Article 6252- 17 paragraph "f" , legal matters of the Statutes of the State of f• 1 y 48 Texas ( V . A. C. S . ) Seconded by Councilman Simmons . All in favor . Mayor Akin reconvened the meeting back into open session . There being no decision to be made from the executive session , motion was made by Councilman Gaston to adjourn . Seconded by Councilman Fulgham . All in favor . John W , Akin , '`iavnr ATTEST : Carolyn Jones , City Secretary : 5i. ) , V,, _ CALLED CITY COUNCIL MEETING - MINUTES MARCH 14 , 1985 6 :00 P . M. The Wylie City Council met in a called session on Thursday , March 14 , 1985 at 6 : 00 P . M . in the Council Chambers at City Hall . Mayor Akin presided . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law . Those present were Mayor John C . Akin , Mayor Pro Tem Don Hughes , Councilmen Percy Sion:-; , William Martin , Randall Gaston , and Joe Fulgham and ( it , Manager Gus Pappas , City Secretary Carolyn Jones . Councilman Adams was absent due to illness . Mayor Akin called the meeting to order . The purpose of this meeting is for authorization to City Manager to purchase another computer printer , at an approximate cost of $2 , 000 .00 . We have been operating with one high speed printer and since reports are coming fro;:, Utility Billing and Finance there is a need for the second printer . One department is having to wait for the other department to complete a print job before they can print . Councilman Martin wanted to know how many printers the City has at this time . City Manager Gus Pappas said there is one high speed printer and two small printers which are used for letters and ordinances . Motion was made by Councilman Martin to grant authorization to City Manager to purchase a second high speed printer . Seconded by Councilman Fulgham. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , , ,� __�, Councilman Simmons - in favor , Coun i-Lman Gaston - in Eavor '' Councilman Fulgham - in favor , ounci1man Adams,=_,_��_ favor and Councilman Martin - in favor . This motion carried witH all in favor . Motion was made by Mayor Pro Tem Hughes to adjourn , seconde. by Councilman Gaston . All in favor . John W . Akin , in < ,- ATTEST : Carolyn Jones , City Secretary MINUTES PLANNING & ZONING MARCH 14 , 1985 The Planning & Zoning Commission for the City of Cvlie , icxas met in regular session on Thursday , `,arch 14 , 1985 in the Council Chambers at City Hall . A quorum was present : nd notice of the meeting had been posted for the time and in the manner required by law . The meeting was called to order at 7 : 00 P . N . by Chairman , Kent Crane . Members present were Nancy Conkle , John Hamilton , Bryant Barry , Harold Spence and Sarah Connelly . Ken `fauk was absent . Representing the staff were Gus Pappas , City idanaper ; Roy Faires , C . E.O . and secretary , Barbara LeCocq . ITEM NO. 1 - APPROVAL OF MINUTES - Chairman Crane asked for any additions or corrections to the minutes . There being none , a motion was made by Sarah Connelly and seconded by Harold Spence to approve the minutes as submitted . Motion carried 6-0 . ITEM NO . la - CONSIDER APPROVAL OF PRELIMINARY PLAT FOR CENTURY BUSINESS PARK - Chairman Crane asked Gus Pappas for staff recommendation . Mr . Pappas reported that this item was added to the agenda due to the fact that it was ommitted by staff error and was not the fault of either the engineer or the developer . The apropriate staff members had reviewed Lie plat and returned it to the engineer for corrections . Those corrections were made and returned to the city . recommends approval . Mr . Pappas made note of the fact t :L_, t there will be a slight change in the configuration of the that will intersect with State Highway 76 by request o; State Highway Dept . This development is located on adjacent to Roddy & Assoc . Real Estate . sir . Pappas ciso note of the fact that Alanis will be a major thorou : f.arc the future . It will , within the next few months , be a th: r,;u . route from SH 78 to South Ballard St . Kent Crane asked the width of Alanis will be . Mr . Pappas answered it eil forty-four (44) foot street with a sixty ( 60) foot ri : ht way . There being no further discussion , a motion was ma;:,_ Bryant Barry to recommend to the City Council of approval of the preliminary plat for Century Business Motion. seconded by Nancy Conkle . ;•lotion carried 6-0 . ITEM NO . 2 - CONDUCT PUBLIC HEARING ON THE RE-ZONING OF SECTIONS OF BROWN & BURNS ADDN & KELLERS 1ST ADDN - property is described as blocks 5 & 6 of Brown urns Addition and Blocks 2 & 3 of Kellers 1st Addition . Inc property is more commonly recognized as the west side of Jackson street from SH 78 to Jefferson St . and the east of Birmingham from SH 78 to Marble Street . Bryant Tarry as', fH CD if , since this item was rescheduled due to lack of yuvru , letters had been re-sent to interested property owners . Pappas assured everyone they had been resent and the green cards from the registered mail were produced for verificatio , . Mr . Barry also asked who had initiated this re-zoning request . Mr . Pappas stated that it had been requested by the Plannin . Zoning Commission . The public hearing was opened by Chairman Crane who reco - i Mr . Don Kreymer . Mr . Kreymer stated that he was obpose : re-zoning the property in question from Industrial to : usiae _; 1 . He stated that he either owned or controlled sever ,, , pieces of property located in this area and that it purchased and offered to the public on the strength of its Industrial zoning designation . He felt that the re-Boni ;, ; would greatly reduce the value of the property . Chairman Crane recognized Mr . Raymond Cooper who stated he felt the property should retain its Industrial zoning because much of the property had been bought due to its Industrial designation . Mr . Cooper also asked if the city would not be better served by regulating the use in the area by ordinance rather than zoning . Mr . Cooper stated that the city stool ,: take a look at Dallas who had Industrial use and business and retail use side by side in their downtown district . r . Pappas noted that in most cases these uses „ (? r-c "grand fathered" uses and that would also be the case in re-zoning in Wylie . The Chair also recognized McKnight , a partner in the ownership of property in the arena . Mr . McKnight stated that while they had a client that interested in buying property in the area for very clea `. use , namely the manufacture of micro-chips , which require a very clean environment , it is a manufacturing process an<' requires the Industrial zoning designation , according to city codes . With no further discussion from the floor , the public hearing was closed by Chairman Crane and returned to commission for discussion . Sarah Connelly stated for td.)e record that she is not the c,r:;nc ; of the property where her daycare center is located 211, <rhe did not initiate this action . Harold Spence said he felt that • any zoning change should only take place north of Cak street , with the remainder below being left "I " zoning . Gus Pappas stated that the Industrial zoning left the door open for business that could be objectionable in an area so close to the downtown area and to the nearby single-family dwellings . Mr . Pappas read from the zoning ordinance the allowable uses in a B-1 zoning area . lie noted that the basic difference between Industrial , Business 2 and Business I is that Industrial allows for the manufacturing process , business allows for outside sales and storage and business I does not allow for any outside sales or storage . Bryant rre , referring to the zoning ordinance , noted the areas whorc: certain types of allowable businesses differed in the three categories in question . N After a great deal of discussion concerning the possible future affects on the area and a desire to the community , it was generally agreed upon that a coproni : should be made that , though not ideal , could serve t ;• community and the city better . A motion was made by iaruH Spence to recommend to the City Council of Wylie that lots ' - 8 , Block 3 and lots 1-5 , Block 2 , Kellers 1st Addn ; and lot 34 , Block 5 and lots 35 , 35a and 36 of 31ock 6 , Lrov. r: e Addn . he re-zoned B-1 . Lots 9-17 , Block 3 and Lots Block 2 , Kellers 1st Addn . and Lot 34a , Block 5 , Brow;. : :. . Addn . be left with Industrial Zoning . The motion was sccu:: isd: by Bryant Barry . Motion carried with 4 affirmative 2 abstentians . Those abstaining were Sarah Connell ': , possible conflict of interest ; and Nancy Conkle . ITEM NO. 3 - CONDUCT PUBLIC HEARING ON RE-ZONING OF 16 ACRES LOCATED NORTH OF FM 544 AND NORTH OF RAILROAD TRACKS - Cdi : property is described as 16 . 6883 acres out of the Davidson Survey , Abstract 266 . The petitioner is asl<in� a: 2 . 64 acres on the northern most portion of this tract Le r -- zoned 2F ( Duplex) and 13 .04 acres be re-zoned multi - tar..i . Chairman Crane asked Mr . Pappas to reprise this item for commission. Mr . Pappas noted that this property 1:3s before the commission on a previous occasion and was w itndr,. _ •. by the petitioner . Mr . Pappas also noted that on that previous occasion , the Planning & Zoning Commission ha indicated their preferences for this particular tract armi tH :1 : the petition now before them was in keeping with t indications . The public hearing was opened by Chairman Crane who recop;ni ::a . Jim McKnight . Mr . McKnight noted that the developers felt t „ 2F designation would be a proper buffer zone between single family dwellings on the north side and the dwellings on the south side . The public hearing was closed and the item returned to commission for discussion .. After brief discussion , a was made by Sarah Connelly to recommend to the City ;.ouucii , approval of this re-zoning petition , namin;; 2 . 64 acre and 13 . 04 acres as multi-family . Notion seconded by r:c , Conkle . Motion carried 6-0 . ITEM NO . 4 - CONDUCT PUBLIC HEARING ON THE ZONING OF TEXAS FENCE AND SPA - This property is described as 3 acres out c_ . the Wm'. Sachse Survey , Abstract 835 and is located on ; >:.L: directly in front of Steel Industrial Park . Chairman raa asked City Manager Pappas for staff comments . Mr . i'ap ,;as the zoning requested on this property was for dualne .s 6 . This zoning designation is compatible with the existill:. us the property and increases the value of the property fecin:, 544 . The public hearing was opened and closed due` to he comment from the floor . No discussion from the commission . 2. motion was made by Bryant Harry and seconcec': by ,. r 1 �r: ._ to recommend to the City Council of Gvlie , designation for 3 acres out of Wm . Sachse Survey , 835 , known as Texas Fence and Spa . Motion carried ~- J . ITEM NO . 5 - CONDUCT PUBLIC HEARING ON ZONING OF 1 ACRE OUT OF WM. SACHSE SURVEY - This property is described as one acre oat of the Wm . Sachse Survey , Abstract 835 . The owner is Alex Anderson and it is located in Steel Industrial Park . zoning designation requested is Industrial . the pu 'r, : hearing was opened , there being no discussion fro:: the the public hearing was closed . :;o discussion fro::: commission . A motion was made by laroid Spence to recou, to the City Council a zoning designation of Industria ] t� ; , this one acre out of Wm. Sachse Survey . :.lotion seconded Sarah Connelly . Motion carried 6-0 . ITEM NO . 6 - CONDUCT PUBLIC HEARING ON 33 ACRES OUT OF WM . SACHSE SURVEY - This property is described as 33 . d85 r out of the Wm . Sachse Survey , Abstract 635 . It is o'. aed Mr . K . C . Swayze and is located directly adjacent to Steil Industrial Park on the South . The request is for Industri ;. l Zoning . The public hearing was opened , there being discussion from the floor , the public hearing was closet; . discussion from the commission . A motion was made Barry and seconded by Nancy Conkle to recommend to the ( i. t Council a zoning designation of Industrial for 33 . • out of Wm . Sachse Survey , Abstract 835 , belonging to Swayze . Motion carried 6-0 . Chairman Crane said , that before adjournment , he would i id ask the staff if there was some correct procedure for • of the P & Z to initiate action on any particular they felt needed attention . °ir . Pappas stated that requiring a vote must be a posted agenda item . :ie a1 o that any citizen could request an ito:: be placed on agenda , that would include members of the commiss i e:. . concensus was that the procedure would remain essent. i : 1 same as it is now . Any qte stions , members 0i the mieht have could be directed to members oJ. the st :. : : further action is indicated , an agenda _ te,: could Chairman Crane said he would entertain adjournment . Bryant Larry made a motion to ad (ear : , Conkle Seconded . The meeting was adjourned bv Ciro: i r; .,; :, , Crane . . Kent Crane , Chair:: • • • • Ottice of the . ayor IH ` O'rxa 1 rortamatto WHEREAS, dread childhood diseases are killing many thousands of children each year, and WHEREAS, only medical research provides hope of discovering the still unknown cause . .i` leukemia and other childhood cancers, muscle disorders , rare blood disease_: other illnesses that strike our young, and WHEREAS, St. Jude Children' s Research Hospital , founded by Danny Thomas, is the onlv research center in America devoted solely to basic and clinical research in these catastrophic disease areas, and WHEREAS, this institution is leading the way to new treatment procedures that have nrna t ;; increased the rate of survival , and WHEREAS, St. Jude Children' s Research Hospital depends upon public support to con ir,— this, vital work; NOW, THEREFORE, I , John W. Akin, by virtue of the authority vested in me as Mayor City of Wylie do hereby proclaim March 30, 1985 as Wylie ST. JUDE CHILDREN ' S RESEARCH HOSPITAL DAY and I urge all citizens, schools, churches , business establishments , labor unions , and scientific, social , civic and fraternal organizations to give this worthwhile project their support and cooperation. IN WITNESS THEREOF, I have hereunto set my hand on this the 26th day of March , i our Lord A. D. 1985. •S r • '• , „of lay07 • - i la a.. VV • • • ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE L. K. PE.GUES AND I. & G. N. RY. CQs SURVEY, ABSTRACT NO. 703 and 1061 UPON PETT I ON OF _PA.JLURGE WHEREAS, _aJ1a1Lrge. has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (=> qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows, to-wit : see attached ': i `a 1 rwy.;L 5 ,r -6. 1 ... .. i .E , yrN. "�b; FIELD NOTE DESCRIPTION BEING /a tract of� ), rid 'situated in the L.K. Pegues Survey , Abstract No. 703, and the i.&G.4N. Ry. Co. Survey, Abstract No. 1061 , Collin County, Texas and, being.'all of two certain tracts of land described in deed to James C Wood,and wife Cecilia Ann Wood from Ben C. Wood and wife Nettie : S. ;Wood, .;as recorded in Vol. 588 , page 415 , and deed to James C. Wood;;fromBen C. Wood and wife Nettie S. Wood as record- ed in Vol. 774 , ,page: 241 .of the Collin County Deed Records , and being more paricularlydesoribed by metes and bounds as follows : BEGINNING at a. "X"; ,Cut.in concrete pavement for the intersection of the' south line` F.M; ighway No. 544 ( an 80-foot right-of-way shown by maps-filed for ,recoi d,:if 'Vol. 388, page 14, and conveyed by Deed filed 'for:record in ,-Vol: 39Z; page 110 of the said Collin County Deed Records) with the ,cen#�erline of Hooper Road (also known as County Road` 'No. 296) , said 'ceflterline being the west line of said I . &G .N . Ry, 'Co. Survey and�th �ehst_ 'line of the William Sachse Survey, Abst. _No.835, and furtheri80.d` intersection being the norhtwest corner of said -James C. Wood; tract -.in`;Vo1. 588, page 415 ; rt THENCE, N. 89°58' 46"E:`'ti28.10-feet along the south line of said FM 544 , to a l iron rod set for the beginning of a curve to the right having a ;central'"angle of 06°54 ' 00" , a radius of 914 . 93-feet, a chord bearing of S. 86°34 ' 14"E. , and a tangent length of 55. 14-feet; THENCE, along said.'Curve and continueing along said south line of FM 544 , 110. 18-feet to a 1" iron rod set for the end of curve ; THENCE, S. 83°07' 14",E. , 186. 70-feet continueing along said south line of FM 544,' to a 1" iron rod set for the beginning of a curve to the left having a central angle of 05°15' 13" , a radius of 2905.,05 `f�eet, a chord bearing of S. 85°44 ' S0"E. , and a tangentlleng df 133. 33-feet; THENCE, along saidcUtve` and continueing along said south line of FM ;544, ;x26,6a2feet to a 1" iron rod set for corner, said point"* e nc t �` northwest :corner of a 20. 0 acre tract of land s , , y f i I dby describ+ed ;b d�eto,�, a . Pearl Scholz Ben C. Wood and wife; Net8 .¢ �4L 1 �.yes.: f iled for record in Vol. 768 , page 315 of,sa'ic' ; Iii:nk CbuntY Deed Records; TlzNCE,. S.00°20 .O8"E. , 2072.54-feet along the west line of said ' .l -` 20. 0 adr 'SC` Qiz ;;tract, same being the east line of said James ,W000, �Ot ,,t6 a 1" iron rod set for corner in the north line 'of 3' ex 's,W'Pdwer,,& `Light Co. right-of-way described in deed filed xfOr4record `in Vol. 575, page 224 ; THENCE, S.$9°10' 32"W 102. 06-feet along the said north line of the , T.P. & L. ROWS; to . 1" :,iron rod set for corner, said point being the southeaast corner ,of a 7 . 547 acre tract of land conveyedt0%RDbert .C. 'Rothenberger and wife . as described by $49 deed filed far record• in .Vol. 794 , page 272 , and said point 157 being. QthePSOUthern most-west corner of T.P. & L. ROW . described:; ' ' eed filed for record in Vol. 575 , page 224 , and being' fureitVV'anortheast corner of another T. P . & L. ROW as ,. . � e �f3led for record in Vol. 577 , page 335 ; describe" ���fxM, _ 1154 'b om`•:4'.. 23-feet along an old fence line and an -t. THENCE, N.00°1$!. a r '° b54� estab - ! c.,' ;, ee'§`line, same being also the west line of said 7. 54ti fia ,* "b`erger tract, to a 1" iron pipe found at the : bas `, -; Y Bbis ,d'Arc fence post for corner , said point `' beil & � ,,,, g:the :northeast corner of said 7 . 547 acre , , 4 traC ^ 4,u yr ,. THENCE, N. 88°1`�` f,` 499. 86-feet along an old fence and tree line to " ;'''►; 1., 14 ';-concrete pavement for corner, said p b e an, ; being the� nii hi►est corner of said Rothenberger tract and said corner7e .ngt ,also in the centerline of said Hooper Road ; THENCE, N. 00°01'14"W. , 1452. 91-feet along the said centerline of Hooper Road to the Point of Beginning and Containing 917 , 119 square feet or 21. 0541 acres of land. • • ORDINANCE NO. CONT' D. be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE __aft_-_ DAY OF __MABCH 1983L. John W. Akin, Mayor ATTEST: • Carolyn Jones, City Secretary FETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY . TEXAS: L l N omes of the County of - 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 follows: /7 t' N • PETITION FOR ZONING CONT' D. PAGE 2 Said L?7iG1 _VGSS __ represents that he and ail 9,tper o ers / desir e coning to be changed +r om '�// _ - to in accordance with th 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 tJse, hand of this petitioner this the _ day of , 198 . 4 4N, ,. . _____ \?-.X.2) Signature Z.A M fv) y 4) / 4- / /;. )1✓} -S Please Print Name -P- D. met/ 29J-: /3 Street address or Box No. -D/9- I-L-/4-5 7--C7*45 City Texas Zip c?vcr- O //9 Telephone • N. ,: S. r. THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notfzr,y, Public on this day personally appeared _5jZviu1j/_ /UL111(11u,5, known to me to be the person whos name i s% subscribed to the f oregoi nq instrument, and acknowledged to me that he executed the ¶.-Irrie for- the purposes and consideration therein expresses: Gi yen and r my hand and seal of office this the _ _ __ „) cla y Z ` of / g_. 1985. - ___ _Ze_i_ :6-/ i-(Z k7(/ -,-t_L-=. Notary Public, Collin Co .y Texas '_J Naary Public.State of TOMB f .'/Lomr�itslap E • • 1b ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81--5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing_ Body is of the opinion tiat the said change of zoning which is on application of Sammy Williams should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: INDUSTRIAL Said property being described as follows: �CO .�{� �i -)"j.o.� '+C i4'.i 4� .t , Z,S.��a���: _` .ti+h *y. ...r �.� , j•-�� _'___... -....��.� ._.. , • • • - \ • PXELD NOTE DESCRIPTION BEING a tract of l,eod :eituated in the L.K. Pegues Survey , Abstract No. 703, and the I.44 N. 1R . Co. Survey, Abstract No. 1061 , Collin County, Texas and, being 'al1 .of two certain tracts of land described in deed to James',C., .Woods:'rnd wife Cecilia Ann Wood from Ben C. Wood- and wife Nettie , S.: Wo0d0tsecorded in Vol. 588 , page 415 , and deed to James C. Wood froint=Beq Wood and wife Nettie S. Wood as record- ed in Vol. 774 , 'page24l4f, the Collin County Deed Records , and being more paricularlyde$cribed 'by.'metes and bounds as follows : BEGINNING at a "X." C*}t in concrete pavement for the intersection of the south ,line F.M:kUighwAy:No.•,. 544 ( an 80-foot right-of-way shown by mapffiled for . rec0,4 l*voh; 388, page 14, and conveyed by Deed filed for record in .Vol,,' " 9 '`'tYage 110 of the said Collin County Deed Records) with the li'xy Oeiirie of •Hooper Road (also known as County Road No. 296) , sa4440tealine being the west line of ' said Ry, Co. Survey ahc , he ;,east' line ;of the William Sachse Survey, Abst. No.835, and further` 8aid`*-intersection being the norhtwest corner of said James C. Woodtract':.`in Vo1:588, page 415; • THENCE, N. 89°58' 40E28.10-feet along the south line of said FM 544 , to a 1" iron -rod set for the beginning of a curve to the right having a:central angle of 06°54 ' 00" , a radius of 914 . 93-feet, a chord bearing of S. 86°34 ' 14"E. , and a tangent length of 55. 14-feet; THENCE, along said "curve and continueing along said south line of FM 544 , 110. 18-feet to a 1" iron rod set for the end of curve; THENCE, S. 83°07' 14"4.4 .186. 70-feet continueing along said south line of FM 544 , toa 1" iron rod set for the beginning of a curve to the left having a central angle of 05°15 ' 13" , a radius of 2905. 05-feet, a chord bearing of S. 85°44 ' S0"E. , and a tangent length°' of- 133. 33-feet; THENCE, along said`'curve.,and continueing along said south line of FM 544, 266.37=-feet to a 1" iron rod set for corner, said point being the northwest corner of a 20. 0 acre tract of land described by deed;:.tojda Pearl Scholz by Ben C. Wood and wife NettieS.'; Wood as filed for record in Vol . 768 , page 315 of said Collin County Deed Records ; THENCE, 5. 00°20' 08"E. , 2072.'54-feet along the west line of said 20. 0 acre, Scho1Z,;tract, same being the east line of said James Wood ,traact, "to a 1" iron rod set for corner in the north line of4exa`s Power,. & `Light Co. right-of-way described in deed fihed`Xfor'record in Vol. 575, page 224 ; THENCE, S.89°10' 32"W. ,' .102. 06-feet along the said north line of the T.P. & L. .ROW ;to a£ l,"; iron rod set for corner, said point being the spuths , xcorner ,of a 7. 547 acre tract of land �49 conveyedag0#04as4*.tri C. Rothenberger and wife . as described by 737 deed filed 'Qeoord; in;tlo],. 794, page 272, and said point 'a�beingi '° t,�t 'sbfthern most! west corner of T.P. & L. 'ROW - described e04 ; led` for record in Vol. 575, page 224 , and being. fug ` ';.northeast corner of another T.P . & L. ROW as descri•' iled for record in Vol. 577 , page 3 3 5; THENCE, N.00°15' � ,654 23-feet along an old fence line and an establis �� . 1 h •;�� � eeine, same being also the west line of said 7. 547 acre `�• henbeger tract, to a 1" iron pipe found at the base of. ahOid. BQis 'd'Arc fence post for corner, said point ' being a1B$ ping the northeast corner of said 7 . 547 acre tract; Y . THENCE-, N.88°13'0,01. 499. 86•-.feet along an old fence and tree line • to an "X' Ycut ;`ioncrete pavement for corner, said point being the4rorthwwest;corner of said Rothenberger tract and said corner being 'à1so in the centerline of said Hooper Road; THENCE, N. 00°01' 14"W. , 1452. 91-feet along the said centerline of Hooper Road to the Point of Beginning and Containing 917 , 119 square feet or 21. 0541 acre ,0f land. • SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the pruposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating_ any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order t.o permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 26th day of MARCH 198_5_. • JOHN W. AKIN, MAYOR ATTEST: Carolyn Jones, City Secretary C • ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE JUILIRLSAULL SURVEY, ABSTRACT NO. __$ , , UPON PETTI ON OF Vi ncel ee Alexander WHEREAS, 1(lueleg 81e_xander has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to he true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best interest of the public and of the said City of Wylie, Texas, and that such petiton for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as fol'Lows, to-wit : See Attached f fi .• .ram ,,Ile EXHIBIT A PR')Pl:R•rY DESCRIPTION PARCEL A INC all of that certain Int , tr.+ct or parcel of land situated in the WILL!A.`1 SACHSI k1'EY, A-H 15, Col 1 in County, Texas. and being a part of that same tract of land •,t•rIbed as TRACT NO. 1 In deed to VInet'ice Alexander, recorded in Volume II''rr, Pat;e •i of the heed Records of Collin County. Texas, and tieing more particularly described fellows; (:INIQINC nt a 5/R" iron rod for corner in the west ROW line of Hooper Rond ( n fit)' ROW ) ; !d point being S 00"04'tiR" W. 1h10.n0' fre'tn tIve present tnter•wc t. Ion of the wi �( He of Hooper 'toad with the youth ROW lines of FM WA ( .all HI)' HOW ) and also b'- i n4 .• present southeast corner of the W.L. BROWN 1 .Itt0 acre tract of land desc•rlbed in cd recorded In Volume h39, Page 381 of the Deed Records of Collin County, Texav ; !VICE S trfl"t)4'OH" W, 54H. 70' with the west line of Hooper Road to a 5/8" Iron rod •r corner In the north line of that same tract of land described In deed to T.P. a L. rnpanv, recorded In Volume 574, Page 455 of the Deed Records of Collin County, Texas ; 'ENCF. S H'i"41 '00" W. 2613. 181 with the north line of the T.P. t, L. Co. tract to a 1/H" •'n rod for corner In the east line of the Iona H. Ingram III .848 acre tract of land; •) NCE N nil"00'41" E, 581.88' with the east line of the Ingram tract to a 2')" iron pipe the southwest corner of the Maurice Britten h8.870 scree tract of land; IFNCE S R4`► 13'29" l., 1940.42' with the south line of the Rrlt teen tract to a /H" Iron d at tli.' west rorner of the aforementioned Brown tract ; iF.NCE S H"°40'45" F, 673.53' with the south line of the Brown tract to the place heginnlnv and containing 1,476,064.58 square feet or 33.8858 acres of land. ' ` � ` . � � ^ � � ~\ � � � ` ` } ' » ` ' '^ ORDINANCE NO. CONT` D' be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and . regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 26th DAY OF March , 1985 . John W. Akin Mayor ayor ATTEST: It ^ Carolyn Jones, City Secretary ^ 4w, }A } • ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO S1-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council o+ the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Goverrnin,)_ Body is of the opinion t,hat the said change of zoning whi - r is on application of ' Vincelee Alexander shcj. ,; be granted and the Comprehensive Zoning Ordinance of th .- City of Wylie should be amended in the exercise of it _ legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the Comprehensive Zoning Ordinance of thy. City of Wylie, Texas, be and the same is hereby amended b : amending the Zoning Map of the City of Wylie, to give he: hereinafter described property a new zoning district classification to-wit: INDUSTRIAL Said property being described as follows: • • M• J. • �u EXHIBIT A PRe)I`l:Hi'? DESCRIPTION PARCF:I. A INC all of that certain Int , tr.ict or parcel of land situated in the WELI.IAty SACHSf RVEY, A-H 15, Collin County., Texas, and being a part o1 that scow tract of lend :crihed as TRACT NO. 1 In deed to Vincelee Alexander, recorded In Volume I1 "'t) , I'at,r of the Deed Records of ,Collin County. Texas, and helnyt more particularly de!-crIhe•11 follows ; r;INlQI: nt a 5/R" iron rod for corner in the West ROW line of Hooper Rond ( a hf' ROW ) ; id point heing S 1111''f14'OR'' W, 161f1.M)' from the present inte'r•:re tlon of the we•�t rep of Hooper koad with the mouth ROW line of P1 544 ( an HI)' HttW ) and also !wing present southeast corner of the W.I.. BROWN 1 .fm acre tract of land described in e•d recorded In Volume 639, Page 381 of the Deed Records of Collin County, Texas ; !ENCE S tr0"I)4'08" W, 548. 70' with the west line of Hooper Road to a S/8" Iron rod r corner In the north line of that same tract of land described In deed to T.P. s I.. mpanv, recorded In Volume 574, Page 455 of the Deed Records of Collin County , Texas ; 'FNCF. S 8'014I 'Of)" W, 261 3. •18' with the north line of the T.P. d I.. Co. tract to a 1/H" 'n rod for corner in the east line of the Iona H. Ingram 111 .848 acre tract of land; •FNCE N 0f)110O'43" E, 581.88' with the east line of the ingrain tract to a 2')" iron ripe the southwest corner of the Maurice Britten 68.870 sere tract of land; IrNCF: S R9e' 13'29" I , 1940.42' With the Mouth line of the Britten tract to a /M" Iron d at tIo vest corner of the aforementioned Brown tract ; i 1NCE S R°°40'45" F, 673.53' with the south line of the Brown tract to the place heginnIue; and containing 1,476,064.58 square feet or 33.8858 acres of land. k 41.t SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not it conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the proposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or i nvl ai d , the same shall not affect the validity of this ordinance as; a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoninu_ Ordinance as a whole. SECTION 5. That any person, firm or corporation violating, any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION b. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the __MIL day of MARCJI 1985__. JOHN W. AKIN, MA :Dr ATTEST; Carolyn Jones, City Secretary PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNi TEXAS: Now comes OW4W- 6. 4- 6 ./ i/iLthaie,gof the County o ,D04.'i✓ and the State of exas, and represent= to the City Council of the said City of Wylie, Texas, he is the owner or is acting for all of the owners or- partnerships or corporation who are owners of the followinc; described tract of land which is contiguous and adjacent _._ the City of Wylie, in Collin County, Texas. and in which has less than three C_) qualified voters, reside, described as follows: BEING all that tract or parcel of land situated in Collin County , _ Texas in the WILLIAM SACHSE SURVEY, ABSTRACT NO. 835 and being a part of a 67 . 87 acre tract of land described in a Deed from Don M. Smart to Kenneth Swayze and Maurice Britten as recorded in Volume 1051 , Page 90 of the Collin County Deed Records and being more particularly described as follows ; BEGINNING at a point from whence the Northeast corner of said 67 . 87 acre tract bears North 89 deg. 05 min . East, a distance of 30 feet; THENCE South 89 deg . 05 min. West with an old post and wire fence a distance of 466 . 40 feet to a point for a corner ; Tllf:NCL South 2 deg . 07 min. 21 sec. West a distance of 41 . 32 feet; TPL':CE South 42 deg. 03 min. 12 sec. West a distance of 97 . 71 feet; Ttct:NCL North 86 dcy. 31 min. 13 sec. West a distance of 103. 67 feet to a 1 /2 inch iron rod set underneath the fence for the Northwest corner of this tract; THENCE South 00 deg. 49 min. East a distance of 431 . 47 feet a 1/2 inch iron rod the Southwest corner this tract; THENCE North 89 deg. 37 min. East a distance of 638 . 39 feet a 1/2 inch iron rod the Southeast corner of this tract; THENCE North 00 deg. 49 min. West with the West right of way line of a county road a distance of 542 . 22 feet to the Place of Beginning and Containing 7. 50 acres of land. • PETITION FOR ANNEXATION CONT' D. PAGE 2 Said Q. /Je &1_IL, /C_, A6b. g.C�represents that he and all other owners desire to be ahnexed 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. Witnesis the hand of this petitioner this the S day of 9) ,c. . • ' 314 nature 6A11/ • a/2I lease Print Name i_v_Z__AVe_i& 4_0 Address City Texas Zip Telephone � i •-5 ti • THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersignedn Notary Publi on this day personally appeared �L11144. ,tr :nown 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 a der my hand and seal of office this the J f�"/ day of _ //(lam 4. * ' Not+rrvuWlc.$stsolTam _ Notar Pub. i Collin County Texas * t'I Commision Expires o?o? �3 j'/"(of Il`4 ( - - -- - --- ST-.----LOUTS bi- - - -SOUTHWESTERN - R. R. I00 N ill' /9' 5,0"4 763. 9o' Miuunievs 4044,7-io - 9+0.3 ' /00.2-8' n /00.28' ZA9.54' .5. i /5 (/7/L/7-7" CASEMENT r\ I BLOCK 0 . /,'`,/ 6 " 4 ti I3 2 ti NI I _—.- e _ __ 25 a, / 90.00 I /00 00' —_ i Lao ao 90 00 O -- i---- I ls 94. -- c. i -1 NJ I 7 8 , „ ,, !z I h N. Sj, ` -C'DOC ■ — -T,---- _ �' 2 ' - a U IQGlt - y e4-5E4-7GA/7 y • r N % `'1 BLOCK O N % 0 LOT I 9 MtNf - �i.°� VIO p " o6A1L r1 c 8 c. C� f. /.S" UT/L/OY EASf�✓/GNT —J_ .-- _.-- — -.. ,S ds 4/ ' Z 9 h/ c .v� •' 5�1 76954' N1o�Mrp, F• M . S-44--- 6,-ao. - ,?. d,,, F'l NAL PLAT 14 INDUSTRIAL PARK ZONED .INDUSTRIAL - n% /3 LOTS 'NVESTORS NETWORK INTERNATIONAL INC_ A . PLAT WING SPELT Routing start dote : Subdivision na e •-- Developer : '9/4 Engineer i797 ":7,k)' Routing End Date : 4 Preliminary Final IMv / e.9 — TITLE : COLOR IN T AI_ 1 . Sec . to CM N/A i 2 . City Secretary Blue /al -/14 7/ lL 3 . Director of Public Works Green «!'ls,. 7 // // �' S 4 . Fire Marshall Red .2.{.).tA_...i- L' ''. .. ' S. Code Enforcement Purple e( 3 - y- vi 6. City Manager Orange 4r,,,_ I ? c Were two separate copies delie/d, t• y'} ity engineer for his review and comment? /(J J Subsequent action : Plat/plans returned to engineer for corrections Plat/plans placed on et�enda for P & Z . ///57il ...; Plat/plans placed on agenda for Council A,1 ACTION BY CITY ENGINEER : Plat/plans returned to city hall for return to engineer/developer Plat/plans returned to City Hall as approved for further action / / / 7/ , we,., / //0.4,•-, ..- , \ • tls .'• ler . & .• . ' .., it 0 50 100' f---- SCALE / \ '<i\ s s . ' e• ; 35.6983 Acr • ,' •// \ 2 1 eo- 1 / / - toes/ .,,• .'\0-\ \', ,'' ,'' 24 Lots — Ind / / // ., : PI J 4. • ) il Duke Strickland / 1 e ?,,\ : Collin County, - /ilia 44:2' /0,/,>,‘ , to ,/ vp. / / ,,, / / 'i \ . • .. ‘,/,,,i/ - /- . - \\ , / e / ;i / / - ' e a- ' :t / / ?•°‘e . . ... Or • 4, 1 2 , , / 4t, ., - -\ ;':- -itra. 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Richards , acting as the owner of the tract of lhrr: herein described , located near the City of Wylie , `Ie::a > f, r in consideration of the sum of Ten Dollars cash ( $ lO .0 ) to us i hand paid by the City of Wylie , Texas , and other vatic , considerations , receipt of which is acknowledged , do hereby . the following land to the City of Wylie for the purpose locating , constructing , and operating a wastewater lift station facility along with all appurtenances , such as pipin r. eterin ,, and fencing , in perpetuity and said tract of land being further described as follows : BEING a tract of land in the Aaron West Survey , Abstract o . %`) , situated in Collin County , Texas and being a part of that corm ? 48 .35 acre tract of land conveyed to G . H . Richards by T . Turner and wife , Gracie Turner by deed recorded in Volume 263 , Page 491 of the Deed Records of Collin County , Texas , and being more particularly described as follows : BEGINNING at the Northwest corner of that certain 2 . 69h cro tract of land conveyed to Lonnie Dukes and wife , Corrine Puhea , by Harold L. Blake , Jr . and wife , Linda L . Blake by deed recorciet in Volume 1125 , Page 586 of the Deed Records of Collin County , Texas , said point being on the centerline of Stone :'.oar; anr'. t :. . North line of the Aaron West Survey ; THENCE South 7 ° 36 ' 30" East along the center of a small branch , 249 . 3 feet ; THENCE WEST 108 .0 feet to the center of Nush Creek ; THENCE along the center of Rush Creek as follows : North 8` 00 ' West , 18 . 25 feet North 17° 05 ' West , 23 . 8 feet ; North 44° 58 ' West , 213 . 3 feet ; North 38° 38 ' West , 29 . 3 feet ; North 1° 48 ' 30" West , 31 . 17 feet to a point on the center ' i.r. of Stone Road ; THENCE EAST along the centerline of Stone '.oac! , 'SS . ,. PLACE OF BEGINNING , and containing 1 . 0401 acres of Ias , less . WITNESS iY HAND THIS THE / 7_,( l� AY D r' ' �'i - --