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02-26-1985 (City Council) Agenda Packet AGENDA SUMMARY TUESDAY , FEBRUARY 26 , 1985 ITEM NO . 1 - APPROVAL OF MINUTES - No additions or corrections . ITEM NO. 2 - CONSIDER APPOINTMENT TO CONSTRUCTION TRADES BOARD - Council matter , not an appropriate item for comment . ITEM NO . 3 - FINAL PUBLIC HEARING ON ANNEXATION OF 21 . 0541 ACRES ON FM 544 This property is described as 21 . 0541 acres out of the L . K . Pegues Survey , Abstract 703 and I & GE Co . Survey , Abstract 1061 . It is located on the corner oi Hooper Rd . and FM 544 . This is the final public hearins before the signing of the annexation ordinance making it part of the city . ITEM NO . 4 - FINAL PUBLIC HEARING ON ANNEXATION OF 33 . 8858 ACRES OUT OF WM. SACHSE SURVEY - This property is described as above and is located adjacent to the Steel Industrial Park . It is owned by K . C . Swayze . This is the final hearing before the sigining of the annexation ordinance . ITEM NO . 5 - APPROVE ABANDONMENT OF ROAD EASEMENT IN WYLIE CEMETERY - There exists on the records two easements or public right-of-ways within the Wylie Cemetery . One is 100 feet wide , the other is 24 feet wide . Obviously thean easements will never be used for there is no road with whicr they can connect . Further , there is a great probahili ` that actual cemetery plots have been used that lie withlh this road easement . I am sure it is no one ' s intention to ever actively use these easements nor to require tte cemetery association to gain our permission for use improvement or etc . Therefore , while this idea is clear I would suggest that we abandon these easements to the Wylie Cemetery Association and thus remove the potential tr; r future misunderstanding . ITEM NO. 6 - CONSIDER APPROVAL OF ELECTRICAL CODE ORDINANCE This ordinance comes to you with the approval or the Construction Trades Board and is a comprehensive ordinance dealing with specifics not covered by the National Electrical Code . In general , it addresses requirements that our left to the local governments to tailor to their particular desires . It is significant to note that the Construction Trades Board made some suggestions which actually make the electrical code slightly stiffer . For this , it is the staff ' s belief that they should he commended . ITEM NO. 7 - PRESENTATION TO THE COUNCIL BY REPRESENTATIVE OF NTMWD - Mr . Riehn has requested an opportunity to present to the council a presentation about the long range plans and goals of the NTMWD to insure an adequate supply of water into the future . His presentation will include plans about development of water sources as eeli as finaneIa considerations for paying for these sources which has ramifications to the cities and their water rates . ITEM NO. 8 - PRESENTATION TO COUNCIL TO REMOVE NO PARKING ZONE ON FIFTH STREET - Mr . Kreymer has requested that he he given the opportunity to approach the council for reconsideration of the "NO Parking" area on Fifth Street . ITEM NO . 9 - APPROVE PAYMENT FOR OVER-SIZING OF WATER/SEWER LINE - As provided in the Subdivision Ordinance , Section 6 . 06 and Section 6 . 07 , the city may elect to participate in a portion of the cost for over-sizing . After meetin with the principals regarding East Ridge Addition and WvndFtl Estates , the staff recommends paying for the over-sizina of the water/sewer lines running through these developments for lines over 10" in size . The cost to the city for these 1 improvements is $4600 . 00 . This policy is consistent with past practices except that , in the past , these arrangements have not been in writing and have not been definitely established beforehand . Because of this , there has been some misunderstanding about what the city may or may not have agreed to participate in . This action is the first such action which reflects the new requirement of the recently amended subdivision ordinance which requires that any cost participation by the City of Wylie be pre-approved or no such request for reimbursement may be made . I think you will find this a much more professional way to handle over-sizing in developments . ITEM NO. 10 - CONSIDER APPROVAL OF FINAL PLAT, STREETS , UTILITIES FOR "THE MEADOWS" - The plat has been approved for construction . The developer has installed the required improvements and we will be prepared on Tuesday evening to certify that the check for permimeter streets has been received and that all improvements have been properly installed . If all of these facts are in order , the plat will be ready for the council action of final approval and acceptance . ITEM NO . 11 - CONSIDER APPROVAL OF PLAT FOR WATER/SEWER MAIN IN STEEL INDUSTRIAL PARK - Because this improvement is to be dedicated to the City of Wylie , upon completion , it .‘ as felt that the plans should be approved in concept by the City Council . Usually this would be accomplished as part of the subdivision process ; however , this one is going about the process backwards but should still end up as a correct development . ITEM NO . 12 - CONSIDER APPROVAL OF FINAL PLAT FOR 544 INDUSTRIAL PARK - This development is located on 544 adjacent to Century Ready Mix . The original plat called for a street to bi-sect the development and end in a cul -de-sac ; however , the staff participated in meetings with the adjacent property owners and an agreement was reached to adopt a plan that would use a common street thus eliminating the need for two streets opening onto 544 in close proximity . The property line runs down the middle of this street which ends at the railroad track . The railroad company has been contacted concerning a right-of-way to continue the street across the track . This plat ,,:as reviewed by the proper members of the staff and recommended for approval to the Planning & Zoning Commission . Planning and Zoning recommends approval by a vote of 6-0 . ITEM NO . 13 CONSIDER APPROVAL OF REPLAT OF LOTS 2 AND 3 , BLOCK 6 , KELLERS 1ST ADDITION - This developer has requested the removal of the lot line between the two lots making the two into one . The proper members of the staff have reviewed this replat and recommend approval . Planning and Zoning recommends approval by a vote of 6-0 . ITEM NO . 14 - CONSIDER APPROVAL OF PRELIMINARY PLAT FOR EAST RIDGE ADDITION - This tract is located south of Old Highway 78 and Eubanks Lane . There wer.e some minor problems with lot sizes and the staff requested that the name of the street in the center of the development be changed to East Oak so that when that street comes through the development on its way to Stone Rd . it will be properly designated . The staff has reviewed this plat and recommends approval . The Planning and Zoning recommends approval by a vote of 6-0 . Some detail work still needs to be coordinated for the off- site construction of Eubanks road in order to insure proper alignment but the concept should be approved and this realignment , if necessary , could easily be accomplished before the final plat is submitted . ITEM NO. 15 - CONSIDER APPROVAL OF FINAL PLAT FOR REGENCY BUSINESS PARK - This development is a part of the Steel Industrial Park and is owned by Mr . K . C . Swayze . Mr . Swa czn requested that the street "Regency Drive" be dead-ended with temporary barriers rather than a cul -de-sac so that it can continue into a development which he plans for the near future . The developer has placed a letter on file with the city committing himself to participate with his fair share in the improvement of Steel Road . The staff has reviewed this plat and recommends approval . The Planning and Zoning recommends approval by a vote of 6-0 . ITEM NO. 16 - CONSIDER APPROVAL OF LANDFILL LEASE - The officers of Moore Industrial Disposal have signed this lease and returned it to the city of Wylie . It only awaits the approval of the city council to the signing of this lease . ITEM NO. 20 - EXECUTIVE SESSION - This session has been provided for an opportunity to discuss possible appointees to the Planning and Zoning Commission and to discuss the lease/purchase agreement for the First State Bank buildins . 3 /1 16 }6-J " , e /`), . AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE , TEXAS TUESDAY , FEBRUARY 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 Consider appointment to Construction Trades Board . PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 3 10-13 PUBLIC HEARING - Conduct final public hearing on annexation of 21 . 0541 acres out of L . K . Pegues Survey , Abstract 703 and I & ON Kv . Co . Survey , Abstract 1061 located on the east side of the intersection of FM 544 and Hooper Rd . 4 14-15 PUBLIC HEARING - Conduct final public hearing on annexation of 33 . 8858 acres out of Wm. Sachse Survey , Abstract 835 . Located adjacent to Steel Industrial Park . 5 16 Consider approval of ordinance abandoning a road easement through the Wylie Cemetery . 6 separate Consider approval of the Electrical cover Code Ordinance . NEW BUSINESS 7 Presentation to the City Council Iry representative of North Texas Municipal Water District . 8 Presentation by citizen for removal of "No Parking" zone on the west side of Fifth Street in front. of Village East Apartments . (Presenter Don Kreymer . ) 9 17 Consider approval of $4600 over- sizing cost of water /sewer lines in. East Ridge and Wyndham Additions . 10 18 Consider approval of final plot ier "The Meadows" and the dedicati : n streets and utilities . 11 19 Consider approval of plat for water and sanitary sewer main in st ( o i Industrial Park . 12 20 Consider approval of final plot er) ; 544 Industrial Park . 1 13 21 Consider approval of replat of Lot , 2 and 3 , Block 6 , Kellers 1st Addition . 14 22 Consider approval of preliminary plat for East Ridge Addition . 15 23-24 Consider approval of final plat for Regency Business Park . UNFINISHED BUSINESS 16 25-29 Consider approval of landfill leasE° with Moore Industrial Disposal . GENERAL DISCUSSION 17 Citizen Participation . 18 General Council Discussion . 19 Recess open meeting . EXECUTIVE SESSION 20 Convene executive session under the authority of Article 6252-17 of Vernon ' s Annotated Civil Statutes , Section 2 , paragraph "g" personnel matters and paragraph " f" real estate . 21 Reconvene open meeting . 22 Consider action on matters discussed in executive session . 23 ADJOURN 2 Sv 1 cl CITY COUNCIL MEETING MINUTES FEBRUARY 12 , 1985 7 : 00 P . M . The Wylie City Council met in regular session on February 12 , 1985 at 7 : 00 P . M . in the Council Chambe City Hall . Mayor Akin presided . A quorum was presE:n _ notice of the meeting had been posted for the time nnn in the manner required by law . Those present were Mayor loh Akin , Mayor Pro Tem Don Hughes , Coirncilmembers ;,. • Simmons , Cleo Adams , William Martin and Joe Fulghan] , Manager Gus Pappas , City Secretary Carolyn Jones , Royce Abbott , Code Enforcement Officer hov Faires , ` nI Works Director Bill Windham , Scott Dorsey , FIayne Mayes the Wylie News , Tom Mayes , Mike Rawlins , Mr . and '1r Randall Gaston , and Robert Taylor . Mayor Akin called the meeting to order and ( uuncilman Adays gave the invocation . APPROVAL OF MINUTES : There being no corrections additions to the minutes , Mayor Pro Tem Hn.nhe.s made to accept and approve as submitted . Seconded by Counci : m Adams . The vote was as follows , Mayor \kin - in a .. Mayor Pro Tem Hughes - in favor , Counci : -.era Adams favor , Councilman Simmons - in favor , Councilman Marti favor , Councilman Fulgham - not present . This motion rt with all in favor . APPROINTMENT OF NEW MEMBER TO THE CITY COUNCIL FOR PLAC1. AS PROVIDED FOR IN THE HOME RULE CHARTER : 'in or Akin td that Place 6 will be filled by appointment .rntii Apri ,` 1986 . Motion was made by Mayor Akin to appoint. Mr . Randn Gaston to Place 6 of the Council . Seconded H, ;• (lounci ! „ Simmons . The vote was as follows , Vavor - ; Mayor Pro Tem Hughes - in favor , rj favor , Councilman Adams - in favor , Counc, . . i ��� Martin favor , Councilman Fulgham - not present . motionHis carried with all in favor . ADMINISTER OATH OF OFFICE TO COUNCILMEMBE:: A :POINTED IL F PLACE 6 AS PROVIDED FOR IN THE HOME RULE CHARTER : The Secretary Carolyn Jones administered oat }; _ Randall Gaston , f ' cE' to APPOINTMENT OF MEMBER TO REPRESENT THE GErNEivL PUBLIC inlH CONSTRUCTIN TRADES BOARD : After some dlscu ; on , the ent was made by Councilman Fulgham to table rh < tor- tH next council meeting . Seconded by Count , n vote was as follows , Mayo*- Akin - in favor . Martin . ",: ,. or Pro Hughes - in favor , Councilman Simmons - in Fulgham - in favor , Councilman Adams - it t nor , Conk _,Dune 34 Martin - in favor , and Councilman Gaston - in favor . ' ;. , motion carried with all in favor . APPROVAL TO CALL FOR CITY ELECTION ON APRIL o , 1985 : ILL upcoming election for April 6th , is for Conmcil aositionH , Place 1 , 3 and 5 . Motion was made by Ma , „ r . ru Ten Hu !. to call for the April 6th election . Seconded by Council ., ' Martin . The vote was as follows , Mayor Akin - tn favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - favor , Councilman Fulgham - in favor , (lenneilmar_ Adar, � favor , Councilman Martin - in favor , and Councilman C, t in favor . The motion carried with all in dvor . FINAL PUBLIC HEARING ON THE ANNEXATION OF THREE ( 3) ACkL - OUT OF WILLIAM SACHSE SURVEY , ABSTRACT 835 : This prnnott is located on west FM 544 and is commonly known as Text Fence and Spa . Mayor Akin opened the puhli , hearing , being no questions or opposition , the puhli , hearing closed . FINAL PUBLIC HEARING ON THE' ANNEXATION OF Hit ( 1 ) ACRI OF WILLIAM SACHSE SURVEY , ABSTRACT 835 : nropert located on West FM 544 and is a part ' oI ateel Industr , Park . Mayor Akin opened the public hearing , there be questions or opposition , the public hearirc as close' . FIRST PUBLIC HEARING ON THE ANNEXATION OF 21 . 0541 ACRE o i OF L . K . PEGUES SURVEY , ABSTRACT 703 AND TIIE I & GN RI SURVEY , ABSTRACT 1061 : This property is located soutHu ` i corner of FM 544 and Hooper Road . Mayor Akin opened tl ,• public hearing , there being no questions or opposition„ public hearing was closed . FIRST PUBLIC HEARING ON ANNEXATION OF 33 . 8858 ACRES OUT OF WILLIAM SACHSE SURVEY , ABSTRACT 835 . This property located adjacent to Steel Industrial Park . Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . APPROVAL OF AMENDMENTS TO SUBDIVISION ORDINANCE : Cit- . Manager gave an overview of the changes that have been discussed in past meetings . Councilman Pirimone is comm(,, with Section 4 . 02 Fl adding 30 days for actin, on preliminary plats . This is not a minimum hut a maxima:-°. protect the council . Councilman Simmons ,;anted to kno .. El the word " permitted" had to be in section 4 . 02 - "l in ttr last sentence it states no changes be requ i red or per;, i t t en . The word permitted can be left out if Council wants it out . Councilman Simmons would like the staff to ,- ertifv in wirting that all public improvments have been completer, nil is being brought to council for final acceptance . Core the addition of section 4 . 05 Warranty Inspection and certification of same . This would call for an inspect to not later than 11 months following approval of final plat acceptance , stating the condition of the public improvement before the warranty is out . This would he sent to CouncHi in letter form. Motion was made by Councilman Simmons tc. approve the Subdivision Ordinance with amendments- and? afo ve corrections to amendments . Seconded by Mayor Pro Tem Hughes . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - favor , Councilman Fulgham - in favor , Councilman Adams - r; favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENTS TO MOBILE HOME PARK ORDINANCE : Mawr Pro Tem Hughes wanted - to know why the City; would charge an annual fee for mobile home parks and not for homes in subdivisions . City Manager Gus Pappas said the City has to inspect the mobile home park because it has common facilities , where as a home owner has the responsibility of maintaining the upkeep of their own home . In mobile home parks the land is now owned by individuals , but by ore owner and this annual fee assures that the owner will keep the property in good shape . Councilman Simmons suggested the words "annual license fee" be changed to "annual inspection fee" . Motion was made by Councilman Gaston to approve the Mobile Home Park Ordinance as amended and with the above change . Seconded by Councilman Adams . The vote was as follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - opposed , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with 6 in favor and one opposed . APPROVAL OF ORDINANCE REPEALING ORDINANCE Q62-2 AS PROVIDED FOR IN HOME RULE CHARTER : Ordinance 462-2 is the ordinance creating the office of City Manager and describing the duties and powers of that office . The Home Rule Charter , Article IV , Section 1 . A , provides for the office of City Manager , therefore Ordinance No . 62-2 should • be repealed . Motion was made by Councilman Fulgham to repeal Ordinance No . 62-2 . Seconded by Councilman Martin . The vote was as follows , Mayor Akin - in favor , Mayor Prc Tem Hughes -- in favor , Councilman Simmons - in favor , Councilman Fulgham -- in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . PRESENTATION TO THE CITY COUNCIL BY ROBERT L . TAYLOR : fir . Robert Taylor is the president of the Wylie Dank . Mr . Taylor is requesting a few minutes of the Louncil ' s time order to request the Wylie Bank be considered at the renewal for the bank depository agreement . This will DIVE, the City a chance to . have a choice of service . dr . Taylor • gave the council a copy of the bid form from the City ;-, t Rockwall so the council could see what the Wylie Bank nail ( offer . City Manager Gus Pappas asked if the Wylie Bank ,. as approved . Mr . Taylor said it was approved for public tond . AUTHORIZE PAYMENT FOR NEW FIRE STATION ELECTRICAL WORK : This bill is for $1600 . 00 owed to Mickey Foster for electrical work done at the new South Wylie Fire StatioL . It was the City ' s understanding that this bill was t ire( taken care of by the committee working on the new fire station building , However , since payment ells not been and this bill is a few months passed due , it has been brought to the council by one of the councilman for , pe consideration . Motion was made by Mayor rru Tee Hughes pay this bill . Seconded by Councilman Ful eh<iti . The v i, ! , was as follows , Mayor Akin - in favor , Mayor Pr;, Te;, �{ . - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in Liver , Coup i Martin - in favor , and Councilman Gaston - in favor . motion carried with all in favor . CONSIDER PARTICIPATION IN TEXAS UTILITIES PATE CASE : is the standard opportunity to participate in the TM1 class action challenge to the validity of the pending L . rate increase . Our participation will insure us p a notified member of the activity of the PLC as the rate progresses . CONSIDER AUTHORIZATION FOR CITY MANAGER TO CONDUCT CANDIDATES BRIEFING SESSION : This briefin<u, session is , acquaint the candidates with the workings of the cit \ ci • provide them with public information concerning the city . The staff views this acton as non-political which it ' primary purpose to give all of the candidates a basic understanding of the mechanics oflocal government so that during the upcoming campaign , the likelihood is diminished of individual candidates of making lcaims or assertions which are illogical or impossible . Motion was made br Mayor Pro Tem Hughes to grant approval for the candidates briefin :_ session . Seconded by Councilman Adams . The vote was is follows , Mayor Akin - in favor , Mayor Pro Tem Hughes - favor , Coucnilman Simmons - in favor , Councilman Fulgru • - in favor , Councilman Adams - in favor , Coilinilman Mart - in favor , and Councilman Gaston - in favor . This motion carried with all in favor . AUTHORIZATON TO ABOLISH PLAT REVIEW COMMITTEE : City Manar;er said that in talking with members of this ammittee , it has been the concensus of opinion that there le no longer n neoo for this committee since .the city staff r, v ie,: ing proceiiur� have been in effect . Mr . Kent Crane , the Mnirman of , !- - committee , has requested by letter to the , , manager t this committee be abolished , which is a tellow pup from request presented to the council at its meeting • • 37 -- Randall Gaston . Motion was made by Councilman Martin to abolish the plat review committee . Seconded by Councilman: Gaston . The vote was as follows , Mayor Akin - in favor , -Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams --- in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . CONSIDER RATIFICATION OF LETTER FROM CITY MANAGER ESTABLISHING CHAIN OF COMMAND IN THE EVENT OF TEMPORARY ABSENCE OF CITY MANAGER : City Manager Gus Pappas said rhi : letter will establish those persons whom I feel can best carry out the policies of the administrative stafff in me absence for temporary and brief periods of time . It co all, subject to change with any change in responsibilities . duties or persons designated ; and may be amended from t i r.;o to time in the future with the addition of new names or ? H deletion of names currently on the list . The charter requires that this letter be on file in the city secretar office and also that the council have been made formalI aware of it ' s existance by the act of ratification in opo;; council session . Motion was made by Councilman Martin tc approve chain of command . Seconded by Councilman Adams . T` vote was as follows , Mayor Akin - in favor , Mayor Pic -1E, Hughes - in favor , Counciman Simmons - in favor , Counci . Fulgham - in favor , Councilman Adams - in favor , Counci ' r.t� r. Martin - in favor , and Councilman Gaston - in favor . h motion carried with all in favor . APPROVAL OF BILLS PAID AND ACCOUNTS PAYABLE : Motion ma made by Councilman Adams to approve bills as submitted . Seconded by Mayor Pro Tem Hughes . The vote was as fcilov:s . Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - r favor , and Councilman Gaston - in favor . This motion carried with all in favor . APPROVAL OF BANK STATEMENTS : Motion was made by Mayor Pro Tem Hughes to appove bank statments as submitted . Seconded by Councilman Gaston . The vote was as follows , Mayor Akir: - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Fulgham - in favor , Councilman Adams - in favor , Councilman Martin - in favor , and Councilman Gaston - in favor . This motion carried itn all in favor . DEPARTMENTAL REPORTS : All departmental reports were acct, pt � as submitted . The council did request that the buildin permit report be broken down into permits for residential , commercial and remodeling . The council also requested a t"c ,. changes in the fire department reports , such as totals for all pages . au CITIZENS PARTICIPATION : Mr . Bill Lowe representative from Lone Star Gas Company said he would be working the Wyiir area and was going to try and bring up the communciatio;, problem between the City of Wylie and Lone Star Gas . fi there was a problem any where , please call on him and he would try and work it out . COUNCIL DISCUSSION : Mayor Pro Tem Hughes said there ha ; been two cars parked in the right of way and on the property, at Reliance Motors . These cars have been there for some time and need to be cleaned up . Also there is a car on Stone Road . Mayor Pro Tem Hughes wanted to know if the telephone contractors had given the city any time frame of when they would be through in this area . Councilman Gaston wanted to thank the council for their vot . of confidence and would his best to uphold the duties as councilman . Councilman Adams wanted to know if there was an ordinance for cars/trucks parking in fornt of the dumpsters . ihere an ordinance against this and all that is needed is for police department to be notified of where this is occuri ❑ si . Councilman Adams also wanted to have the alley between Jackson and Birmingham checked and to see if signals ceulj be put on the railroad crossing at Brown St . and Highwam - - . Motion was made by Councilman Martin to recess into executive session under the authorityof Article 6252- i1 Vernon ' s Annotated Civil Statutes , Section Pp and 2f personnel matters and real estate matters . Seconded h . Mayor Pro Tem Hughes . The vote was as ioiiows , Mayo in favor , Mayor Pro Tem Hughes - in favor , ('.ouncilmar Simmons - in favor , Councilsman Fulgham - favor , Councilman Adams - in favor , Councilman Mirt� in - in fav • • and Councilman Gaston - in favor . This on carri � rr in favor . Mayor Akin called the meeting back into upmn session , being no decisions or motions to be made , Mayor called motion to adjourn . Motion was made by Councilman Adams to adjourn , second Councilman Gaston . All in favor . • C�J • MINUTES CALLED MEETING PLANNING & ZONING THURSDAY, FEBRUARY 21 , 1985 The Planning and Zoning Commission for the City of Wylie , Texas met in regular session on Thursday , February 21 , 1983 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. The meeting was called to order by Chairman , Randy Gaston at 7 :00 P.M. Commission members present were Ken Mauk , Bryant Barry , Harold Spence, Kent Crane , Sarah Connelly and Nancy Conkle . Representing the city staff were Gus Pappas , City Manager ; Roy Faires , Code Enforcement Officer ; and Barbara LeCocq , secretary . ITEM NO. 1 - APPROVAL OF MINUTES - Chairman Gaston asked for any additions or corrections . There being none , Ken Mauk made a motion to approve the minutes a.s submitted . Harold Spence seconded . Motion carried .6-0. ITEM NO. 2 - APPOINTMENT OF NEW CHAIRMAN - Chairman Gaston stated that the first order of business was to appoint a new chairman for the Planning & Zoning Commission due to the fact that Mr . Gaston had been appointed to the City Council and was no longer eligible to serve on the Planning & Zoning Commission . Bryant Barry nominated Kent Crane , Harold Spence seconded the nomination . Nominations were closed . Kent Crane was elected as chairman of the Planning & Zoning Commission 6-0 . Mr . Crane then took the chair and continued the meeting . ITEM NO. 3 - APPROVAL OF FINAL PLAT FOR 544 INDUSTRIAL PARK Gus Pappas , City Manager , identified the property and stated that an earlier plat seen by the commission showed a street running up the center of the property ; however , with the development of an adjacent tract of land , the principals had met with the city staff and agreed to have a common street serving both properties , thus eliminating two streets opening onto 544 in very close proximity . The property line between the two tracts actually runs down the center of the street . With this improvement and after staff review , the staff recommends approval of the final plat for 544 Industrial Park. Harold Spence made a motion to recommend , to the City Council of Wylie , approval of the final plat for 544 Industrial Park. Ken Mauk seconded the motion . Motion carried 6-0 . ITEM NO. 4 - APPROVAL OF REPLAT OF LOTS 2 & 3 BLOCK 6 KELLERS 1ST ADDITION - Mr . Pappas explained that the petitioner , Mr . Anthony Hankey , had asked for this replat in asking for the elimination of the center property line , thus 7 • • '1 r �. K converting two lots into one lot . After staff review , the staff recommends approval . Chairman Crane asked for any questions or comments from the commission members . There being none , he asked for a motion . Motion made by Bryant Barry to recommend approval to the City Council of the replat of Lots 2 and 3 Block 6 , Kellers 1st Addition . Nancy Conkle seconded the motion . Motion carried 6-0 . ITEM NO. 5 - CONSIDER APPROVAL OF PRELIMINARY PLAT FOR EAST RIDGE ADDITION - Chairman Crane asked Gus Pappas to give the staff report on the property . Mr . Pappas explained that this is the property to the south of Old Highway 78 and Eubanks Lane . He also explained that there had been some small problems with lot sizes and that the staff had requested that the developer change the name of the street running roughly through the center of the tract to East Oak Street since Oak Street will eventually run through to Stone Road . The developer had complied with all requests and the staff recommends approval . Mr . Pappas also noted that a meeting had been held between this developer , Danny Holley, and Barron Cook , developer of Wyndham Estates and the city and that an agreement had been reached to lay oversized sewer lines that will connect the two properties and the city will pay for over-sizing above a 10" line . Harold Spence made a motion to recommend , to the City Council , approval of the preliminary plat for East Ridge Addition . Seconded by Bryant Barry . Motion carried 6-0 . ITEM NO. 5a - CONSIDER APPROVAL OF FINAL PLAT FOR REGENCY BUSINESS PARK - Chairman Crane asked Mr . Pappas for the staff report . Mr . Pappas identified the property as part of the Steel Industrial Park . The developer/owner , Mr . Swayze wants to continue Regency Drive on through to a temporary barrier due to the fact that he plans another connecting development in the near future . The staff has no objections . The developer has placed on file a letter in which he has agreed to participate in the upgrading of Steel Road . The staff recommends approval . Kent Crane asked Mr . Pappas about sewer for the area . Mr . Pappas stated that the final engineering on this project has been done and will be presented at the next city council meeting . The property owners will pay for the sewer line . Mr . Crane asked about a holding tank . Mr . Pappas stated that a holding tank is a fall-back contingency but seems unlikely at this time . A motion was made by Ken Mauk to recommend approval to the city council . Motion seconded by Bryant Barry . Motion carried 6-0 . The chair recognized a request from Mr . Pappas to speak to the commission . Mr . Pappas noted that the staff had been working on a zoning map and a projected land use map and invited members to stay after the meeting to look at the map . • Chairman Crane said if there was no further business , he would entertain a motion for adjournment . Bryant Barry made a motion to adjourn , seconded by Ken Mauk . Meeting adjourned by Chairman Crane . Kent Crane , Chairman Planning & Zoning Commission bl PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS: Now comes �(jL ZAS of the County of and the State of ra.,r4 s , and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporation who are owners of the following des- cribed tract of land which is contagious 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: /0 PETITION FOR ANNEXATION CONT' D PAGE 2 Said //fli C ,3U/ww� 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 he annexed to the said City of Wylie, Texas , as provided by Article 974(g ) of tnF- REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witno the hand of this petitioner this the Z 7 day of 4-6'00"`"-lelof___.., 19 . r ---- ease rint ame /3c./ , :eir,y,/"-- ,C , `z Address i 7� City to ZSP 2/4/ y — 9r'm— Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Befog e me, the undersigned Notary Public on this day personally appeared //ra', , know to me to be the person whose name ie e subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expresses : Gi,,,. L,(�un r my hand and seal of office this the zTr� day _of , 19 ary Pu lic , Collin County, Texas a te' S` C -/-11— ll kn t. BEING a FM tract 544,of266land37-sifeetuat tte i the L.K Pegues Surve,1, Abstraict No. 703, and the I.&G.N. Ry. Co. Survey, Abstract No. ; 6 ; , Collin County, Texas and being all of two certain tracts of land described in deed to James C. Wood and wife Cecilia Ann Wood fron lea Wood and wife Nettie S. Wood, as recorded in Vol. 588, page 4 _, , and deed to James C. Wood from Ben C. Wood and wife Nettle S. 'rood as record-' ed in Vol. 774, page 241 of the Collin County Deed !records, and beinc more paricularly described by metes and bounds as folic BEGINNING at a "X" cut in concrete pavement for the Intersection of the south line P.M Highway No. 544 ( an 80-foot riht-Jf-wan shown by map filed for record in Vol. 388, page 14, and conveyer ir "ce'? filed for record in Vol. 392, page 110 of the said Collin Co_,nt., Deed Records) with the centerline of Hooper Road (also known 3s my Road No. 296) , said centerline being the west line ofe : . 6G.N. Ry. Co. Survey and the east line of the William Sachs( _ Abst. No. 835, and further, said intersection being the norht.e' r corner of said James C. Wood tract in Vol. 588, page 415 : THENCE, N. 89°58'46"E. , 28. 10-feet along the seat!. lira said FM ;44 to a 1" iron rod set for the beginning of a to the rign having a central angle of 06°54'00", a radius }14 . 93-feet, a chord bearing of S. 86°34 ' 14"E. , and a tangent _ ngth of 55. 14-feet; THENCE, along said curve and continueinq along said -;cot:. of PH 544, 110. 18-feet to a 1" iron rod set for thy" end of curve• THENCE, S. 83°07' 14"E. ,• 166. 70-feet continueine along sai.? smith line of FM 544, to a 1" iron rod set for the beginn:r': 3 curve l( to the left having a central angle of 05°15' 13" , radius of 2905. 05-feet, a chord bearing of S. 85°44 ' 5')", and a tangent length of 133. 33-feet; THENCE, along said curve and continueing along said scut`, line of . o d a nl" iron rod, set for comer, sa d �I� point being the northwest corner of a 20. 3 acre irJet of land 6/NN/N ' I described by deed to Ida Pearl Scholz by Ben C. ..00d and Q V wife Nettie S. Wood, as filed for record in Vol . page � ` 315 of said Collin County Deed Records; f. i THENCE, S.00°20'08"E. , 2072. 54-feet along the west linesaid r 20. 0 acre Scholz tract, same being the east line of; said ~ f^° James Wood tract, to a 1" iron rod set for corner the sort al E "` line of Texas Power & Light Co. right-of-way described in Et \ i t i-I / deed filed for 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 1" iron rod set for corner, said point /��►r being the southeast corner of a 7.547 acre tract of land illir^� -- conveyed to Robert C. Rothenberger and wife as described by 111....oe .I A6aLA49 deed filed for record in Vol. 794, age 272, anc? said.-=f — -'-'�Qr -�6". Si being also the southern most west corner of T.P. a point 89°58 46 E.yt1 01 ".,.f M, 28 �� described in deed filed for record in Vol. 575, panne 224, and w, being further, a northeast corner of another T. P. e I ROW as °" CO described by deed filed for record in Vol . 57- , ; a< ' 35; • A=06 54'00„ s 'O '` R=914.93' THENCE, N.00°15' 56"E. , 654. 23-feet along an old fence : .r ,.+rid an • '' = 1" =55.14 established tree line, same being also the west :ne of said L :Hale 7.547 acre Rothenberger tract, to a 1" iron pieL ound at the ° 1 base of an old Bois d'Arc fence post for corner , sad uoint 714' L: r • being also being the northeast corner of said 7 . 547 acre tract; O I si THENCE, N.88°13' 1S"W. , 499. 86-feet along an old fence rre line ti • , t. to an "X" cut in concrete pavement for corner, .nt :0 CO �1 being the northwest corner of said Rothenberae: tract and sa; t — iV corner being also in the centerline of said Haa ,•r ?.sari; e THENCE, N.00°01' 14"+,'. , 1452. 91-feet along the said c _:._ -. . ::,,e Hooper Road to the Point of Beginning and r _ . .. • y'. A square feet or 21. 054'_ acres of land. F i TO HEXTER-FAIR TITLE COMPAY', r. BC2GF,PREMISES SURVEYED: rn 4 ' A :05°15'13 II, Roland Foerster, do hereby ,ertify that the plat -.ereor,R =2905.05 accurately represents the results of an on the around s ,.. _ ac'.e L =266.37' under my personal supervision, with the corners monucer.tr.'.r. is indi- �� Gated. There are no encroachments, conflicts, prntru ear IL ease- ments apparent N on the ground except as shown. THE USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR BY ' ,rlt;- , „STIES SHALL BE AT THEIR RISK AND TID' UNDERSIGNED IS UO'• 2 SP^':T P.1J- Jr I �� i OTHERS FOR ANY LOSS RESULTI"i� TI:ESF.FtiOM. ..,:,--_„ .,I II / IRc? 1 / • • �j • la— - -- - ' Lit o.� Roland Foerster Date Registered Public Survey(); ',t > > / f �Ih ;I /� R�^ i ,I . tor) d�/ ° j' 40 601'10* iti \ - ' n 311 / . ,.. rn Z• •lilt, -"T I. N.88.13'I5'W. 49•.86' \; ( :i Q! et A r 4 1 . fit,. • p S •Z 0 jit j : 3 • V. NO t O ^ t- NO o /.5•t ('' • • i Tom.._.. •_ ..�:.�'.J-.,.���yi�� �� \ � � ^ I a T� • CI • rJ of111 v • 441/701..•_ r Ab5i/aa/ N �+ r•.- Ss .r • 1:-a L y --Fiel;) 1 .' O., -37 1 6 cl."-- k. . -;. 1 to t 2663T _ ems •.. •,� \ ' - ~"'�- 07 I4 ` —186.70_, 1 Ariz.ma • .. ----- r•-451D _,.�.___Zarb', S. :• ''-----� a. ANNEXATION OR CITY LIMITS EXTENSION PETITION (For use in General Law Cities of less than 5 , 000 population where territory is inhabit - ed by less than three qualified voters or is unoccupied. ) TO THE MAYOR AND GOVERNING BODY OF THE CITY OF WYLIE , TEXAS The undersigned owners of the hereinafter described tract of land, which is vacant and without residents , or on which less than three (3) qualified voters reside , hereby petition your Honorable Body .to extend the present city limits so as to include as a part of the City of Wylie, Texas , the following described territory, to wit : (See enclosure exhibit "A") We certify that the above described tract of land is con - tiguous and adjacent to the City of Wylie , Texas , is not more than one-half (h) mile in width, and that this petition is sign- ed and duly acknowledged by each and every person or corpora - tion having an interest insaid land, x THE STATE OF TEXA COUNTY OF CeL 'id V:14 11 4"-s Before me , the undersigned authority , on this day per - sonally appeared V truce I-ce /,e >c A.� d and known to me to be the person? whose names are subscribed to the foregoing instrument and each acknowledged to me that he .exeeutedthe same for the purposes and consideration therein. ,expressed. Given under my, handtbod seal of .office , this / day of , 19 Notary-Public , Co nty, exas • • EXHIBIT A I'Hc11'I:K(Y DESCRIPTION PART:F:I. A INC all of that certain Int , tract or parcel of land sltn:cted In the WILI.!,'N SACHSF +tl'FY, :1-N 15, (:ol I in t'otinty, Texas, and being A part of that game tract nt Lind t crihed as TRACT No. I In deed to 1'Ince[cc Alexander, r 'e''rded In Volum.• I I •Th , R of the Deed Rerord.s of ('ollIn County, Texns , :end below more partleul:rriv Jre'rN J follows ; :I NIQI W: at a 5/R" ( run rod for t nrne'r I n the west ROW I I ne of Hooper Rond ( n hell ROW ) ; !d point being S U l"(14 'r1R" W, Ib1f1.M1' from the present Inter•crc tlon of the w, ,t op of lloope'r k.+ad with the mouth ROW time of IM ,44 ( :cn MD' Ht1W ) and also hrin.t present southeast corner of the W.L. BROWN LOU acre tract of land described Ni ✓d recorded In Volume 639, Page 38I of the Deed Records of Collin County, Texas ; !KNCE S (1f1"04'OR" W, 54H. 70' with the west line of Hooper Road to a 5/8" Iron rod •r corner In the north liner of that same tract of land described In deed to T.P. I., rnpanv, recorded In Volume 574, Page 455 of the head Records of Collin County , Texas ; 'FNCF S H'("41 'n0" W, 2613. 18' with the north line of the T.P. 6 I.. Co. tract t°° :, tIM" +n rod for corner in the enst line of the lona H. Ingram 111 .848 acre tract of land; : INC)' ' N 00"OO'41" F., 581 .88' with the east line of the Ingram tract to n 2')" ( run pipe the southwest corner of the Maurice Britten h8.870 acre tract of land; IENCF. S R9° 13' 9" L, )940.42' With the mouth line of the Rri t ten tract to a '+/h" i r,n 'I at the west corner of the aforementioned Brown tract ; ONCE S Nct''40'45" F, h73.53' with the south line of the Brown tract to the place heginnInv, and containing 1,476,064.58 square Ieet or 33.8858 acres of land. YY' ORDINANCE NO. AN ORDINANCE ABANDONING A ROAD EASEMENT THROUGH THE WYLIE CEMETERY AND DELARING AN EMERGENCY: WHEREAS, an road easement of 100 feet has been granted through the Wylie Cemetery which is an extension of Ma=_ters Street , and the cross road through the cemetery, and WHEREAS, the City Council of the City of Wylie, Texas has determined at a public meeting the said easement from the corner of Master Street and Fifth Street beginning on the east side of Fifth and the cross road through the cemetery is no longer necessary to the City of Wylie, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 : That that certain road easement e;; istind through the Wylie Cemetery to the City of Wylie is hereby abandoned by the City of Wylie and the City of Wylie hereby relinquishes any and all right it may have had under such easement. SECTION 2: The fact that it is necessary that such easement be abandoned by the City of Wylie creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance take effect immediately from and after its passage, as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THE DAY OF . lqg=. JOHN W. AKIN, MAYOR ATTEST: Carolyn Jones, City Secretary 4oe to CITY OF WYLIE 114 N. BALLARD ST. — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 February 26 , 1985 Mr . Harold Spence Harold Spence Building Corp . 600B E . Old Highway 78 Wylie , Texas 75098 Dear Mr . Spence : In accordancce with requirements of the City of ylic Subdivision Ordinance , this letter shall serve as a committment from the City of Wylie in the cost of oversizi ,.se in the amount of $4600 . 00 . This committment is valid and will be paid upon compietio , inspections and final acceptance of a twelve ( 12 ) inch sanitary sewer line to be installed from the northeast corner of Eubanks and E . Brown Street through the Eastrid __ Addition and from that point more or less due south to ;ill in-place connection with the fifteen ( 15 ) inch ( previous , NTMWD sludge line ) sewer line along Rush Creek . This action represents the city ' s share of over-sizing iron a ten ( 10) inch to a twelve ( 12 ) inch line which exceeds the needed capacity for the sanitary sewer necessary for the Wyndham Estates and Eastridge developments . Gus H . Pappas City Manager GHP : bl RATIFIED THIS THE DAY OF 1985 BY THE CITY COUNCIL OF THE CITY OF WYLIE , TEXAS ; A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS . /7 �/c 0E0/c4 T/o E. 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Y Ur 5 J N 89° 17' W Ca)Z � 4 Q a co 20 - COLLEGE STREET m 170 I 0 REPLAT LOTS 28& 3 , BLOCK 6 _LERS FIRST i CITY OF WYLIE . SHELBY SURVEY - ABSTRACT COLLIN COUNTY , TEXAS HOMY HANKEY ,:,2/ Mr - iz-Q � G , , / / / / / /. / / % i / / ,.� / z /iv.Doi of"�� i 4 4 - . / /� / , / % / / _ r'.� ql/ J"` ��✓ N 14 !3' t//2 �I / !l c //d a/ `�/a 8 ; j 6 /•5 t— 4 a�_3 __� / !,• t t� 17 r -F,"—5 t 4 �� hi kb m / 6� 64, 11\1- -I r _"!).-- 77'---, ,, j to l-- T-4— — _ Zz__ --- — ----- ---�-- -- =.� lT /22 'y /' • /, Er6 !2Z 2��� /05' �Ii.o % • i • --;�s /�/Oo � 1"/ D.C. l /Zier '.L. / 1 B -r n 20' 6,G//"'1 ' r _ SWin' $ / /// /, / �6 �$ flq7CILj _ , I ; - — T ....._ _ , • t / i, tt) < , ,-- 9 / o S W os�' es' . ° ' �� k/ V /o �� , /o 'H 9 2 �� ( L/ 2s;�g.i �� " b „ s . ' &''C,e -' , „ ?r- N 750 ¢_ 3C ,� �,Zg ; ° �1� y, \,.. 1.0, - ` %3 ; BCIx,N- 3 ; Q/,0c, �- -rp- 6 m • ` 5 ' k - - ''2 ,,_t - , _p• / i. If , . fr , 6 H l I $ 7 '� /3 / �` i. 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N 87°56'2d-h. — 37763' 1 3,/0 1 . 1 • • LOT 5 - 7 5'Oh kf Esy /77// .37ZG.i/ ___ __. re d I _iii c '11 /\ _ _-- ---- _,--- - _-------- , , ----r"- iA/°,e \ I rk' e:7 )/ LEASE OF LANDFILL SITE STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENTS: The City of Wylie, Texas, Lessor, a municipal corporation of Collin County, Texas, herein also called "City," acting by and through John iV. Akin, its duly elected Mayor, and Moore Industrial Disposal, Inc., Lessee, of Dallas County, Texas, herein also called "Contractor," acting by and through Stephen L. Moore, its duly authorized representative, do hereby covenant, lease and agree as follows: 1. GRANT OF LEASE. That City of Wylie, Texas, in consideration a: the mutual covenants and agreements to be performed by Lessee and upon terms and conditions herein stated, does hereby lease, demise and let unto Lessee, Moore Industrial Disposal, Inc., and .Lessee does hereby lease form Lessor, that certain tract of land commonly known as the Wylie landfill, more particularly describes in Exhibit A, which is attached hereto and made a part hereof for all purposes. 2. PURPOSE. This Lease is for the sole purpose of permitting Lessee to operate on said property a landfill for the purpose of disposing of solid waste. 3. TERM OF LEASE. Unless otherwise terminated or modified pursuant to the terms of this agreement, this Lease shall be for a term of three (3) years commencing on the Al- day of RQ7 , 19f5. At the end of the third year such Lease may be continued on a year to year basis by mutual agreement between the parties up to a maximum of six (6) years. 4. TERMINATION OF LEASE. Upon a finding by the City Council o the City of Wylie that good cause exists to terminate the Lease, the Lease may t e terminated by the City upon one (1) year advance notice to Contractor. Provides. however, in the event the City Council's finding is that Contractor's operation of the landfill is in violation of this agreement or jeopardizes the City's state permit, the one (1) year advance notice shall not be required prior to terminat;an of the Lease. Further, Moore Industrial Disposal, Inc. may terminate the co::!7,:c! • with one (1) year advance notice at any time following the completion at the initial five (5) year contract period. 5. STATE AND GOVERNMENTAL REGULATIONS. Contractor agree- to operate said landfill in accordance with all State, County and City regulations and in the event Contractor if prevented or rodered to cease operations because of violation of such regulations, Contractor's obligation for rental payments shall not terminate and shall continue during any shutdown period. In any case where violations of state, county and City regulations are noted, said violation wiii be forwarded to Moore Industrial Disposal, Inc. whereupon they shall :be thirty (30) days to come into compliance prior to final action by the City Moore Industrial Disposal, Inc. will be copied on all correspondence from reOui�;tr agencies. 6. RENT. Contractor agrees and shall pay to the City as rent the suer of Two Thousand Five Hundred Dollars ($2,500.00) per month, payable within 'ifteer: (15) days after the end of each preceding month during the term of this I e ise_ 7. OTHER CHARGES PAYABLE BY CONTRACTOR. Contractor agree, to pay the City of Wylie a street improvement fund fee of Four Thousand F,ve Hundred Dollars ($4,500.00) per year expressly for the purpose of maintenance of Martinez Lane and Alanis Street. Such charges shall be paid by Contractor in installments of One Thousand One Hundred Twenty-five Dollars (S1,125.00) per quarter and shall be the limit of Contractor's liability for damages to said streets. 8. LANDFILL RATES. It is contemplated that Contractor will be depositing in said landfill refuse collected outside the corporate limits of the City as well as refuse and solid waste collected from residences and businesses of the City of Wylie. Landfill rates to be charged by Contractor for refuse and solid waste collected outside the corporate limits of the City of Wylie shall be at the sole discretion of the Contractor. It is also contemplated that Contractor will be the City's refuse collector for solid waste generated within the corporate limit.- of the City. Any increase in rates charged for solid waste collected within the corporate limits of the City of Wylie may be reviewed by the City Council of the City of Wylie, and at their discretion, the Lease rental provided for herein -2- may be adjusted upward to a percentage equal to that requester. r Industrial Disposal, Inc. 9. FREE USE OF LANDFILL BY CITY RESIDENT'S. Any resiccnt tt it . desiring to dispose of any residential refuse in the landfill may do 0.` charge, by presenting the Contractor with a current water utility bill receipt from the City of Wylie and producing his or her driver's license for identification purposes. Any commercial establishment within the City desiring to transport solid waste to the landfill shall pay a posted charge to be determined by Contractor and approved by the City Council of the City of Wylie. 10. CONDITIONS AND OBLIGATIONS OF CITY. The following conditions and requirements shall be the obligation of the City of Wylie. a. The City shall be responsible for all legal fees anc costs. if any, in any actions brought by third parties that shall be related to the operation of the landfill by the City prior to the start of Contractor's landfill operation. b. The City 'shall use its best efforts to require all non-hazarceus solid waste generated within the City of Wylie to be disposed of in said landfill during the term of this Lease. 11. The Contractor shall be responsible for legal fees, damages and other actions brought about by Contractor's operation of the landfill. 12. INDEMNIFICATION AND INSURANCE. The Contractor assumes all risk of loss or injury to property or persons arising from any of its operations under the agreement with the exception of damages to street surfaces to be traffinL:eT by Contractor's vehicles in the normal course of Contractor's business, and to indemnify and hold harmless the City from all claims, demands, suits, juc,,,7 n ,,nts, costs or expenses, including expenses of litigation and attorney's fees , from any such loss or injury. It is expressly a:tcerstood that tl,,_ provisions shall not in any way limit the liability of Con tractor. The ('oe:r::.,- agrees to carry insurance during the entire term of this agreement a. Workmans Compensation InsurancE covering all emolovE‘,' Contractor engaged in any operation covered by this agreement. -3- b. Automobile and Public Liability Insurance In amount. not :e those established as the maximum recover . !r its under Claims Act. c. Contractor shall furnish the City of , lie, current cone above mentioned insurance policies. 13. BUILDING ON PROPERTY. No building or permanent structure constructed on the landfill site without prior written approval of th,. it'. Council of the City of Wylie. 14. COMPLETED AREAS. The landfill property includes 7 acres in northeast corner of said tract which has been previously used by the City. area is not covered by this contract and will be used by the City, who sha ; responsible for the final ground cover. It is also agreed that Contractor properly cover all other filled areas as they are filled so as to reclaim the inri" it is fully filled on an acre by acre basis. It is agreed that the City shut. the right to use such reclaimed land as soon as fill has been completed arc the land is covered with the final ground cover. 15. DAYS OF OPERATION. Landfill hours will be Monday througo F r;dav from 8:00 a.m. to 5:00 p.m. and on Saturday from 8:00 a.m. to 12:00 noon. 8aic landfill may be closed on the legal holidays recognized by the City. Saic may be changed with prior approval of the City. 16. ASSIGNMENT. This Lease and agreement and any right occurring it shall not be assigned by Contractor to any other party without the r r consent of the City Council of the City. 17. BANKRUPTCY. This Lease shall terminate in the case of voluntar', or involuntary bankruptcy on the part of Contractor. 18. VENUE. This agreement is made in Collin County, Texas, and all r.��tiom brought under this agreement shall be brought in Collin County, Texas. 19. MODIFICATION. This agreement constitutes the entire agreement and understanding between the parties and shall not be altered, changed or amended except by written agreement between the parties. 20. WAIVER OF DEFAULT. No waiver by the parties hereto of any ceHuit or breach of any term, condition or covenant of this Lease shall be deemee t, -4- a waiver of any subsequent default or breach of the same or any oth condition or covenant contained herein. 21. SEVERABILITY CLAUSE. Any provision of this Lease that shod De illegal, void or unenforceable, shall not affect the remaining provision; shall remain in full force and effect. 22. NOTICES. Any notice or document required or permitted to be ceh erec hereunder may be delivered in person or shall be deemed to be delivered, y, nether actually received or not, when deposited in the United States mail, :,ostage prepaid, registered or certified mail, return receipt requested, addressed tc, the parties at the addresses indicated below, or at such other addresses as theretofore been specified by written notice delivered in accordance herewith, City of Wylie, Texas Post Office Box 428 Wylie, Texas 75098 Attention: City Secretary Moore Industrial Disposal, Inc. 2128 Hawes Avenue Dallas, Texas 75235-4696 23. APPROVAL BY CITY COUNCIL. This agreement shall not ne ccn. ec: fully executed nor binding on the City until the same shall have been ' :•:Yc5Jtec by Contractor and the Mayor of the City of ‘y viie and attested by thi City Secretary of the City of Wylie. 24. EFFECTIVE DATE. This agreement shall become effective on the day of , 19 ATTEST: CITY OF WYLIE City Secretary John W. -\kin Date MOORE INDUSTRIAL DISPOSAL L �. By AtelLtzZ (d)jam{4' Michael iv . Moore, President Date WK85-0130 -5- '� f