08-27-1985 (City Council) Agenda Packet AGENDA SUMMARY
TUESDAY, AUGUST 27 , 1985
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections .
ITEM NO. 2 - APPOINTMENT OF CITY HEALTH OFFICER - The City
has received a recommendation of Dr . Tom Jones as the City
Health Officer . Dr . Jones has agreed to serve in this
capacity .
ITEM NO. 3 - APPOINTMENT TO FILL VACANCY ON PLANNING &
ZONING - Not an appropriate area for staff comment . I trust
that the Council has had adequate time to make inquiries
concerning Mr . Joe Strigle . Kent Crane has said that he
would be at the City Council meeting to speak on Mr .
Strigle ' s behalf if that would make the Council feel more
comfortable.
ITEM NO. 4 - PUBLIC HEARING ON 40 ACRES ON FM 1378 - This
property is described as 40 . 129 acres out of the James
McUlmurry Survey , Abstract 629 located east of FM 1378 and
north of the Birmingham Farms . This tract along with those
described in items 6-9 were seen by the City Council at the
meeting on August 13 , at which time a presentation was made
by Mr . Baron Cook on the total zoning requested for these
three tracts . As you will recall , the P & Z had denied
zoning for all three tracts at their meeting on August 8 .
The Council subsequently tabled any action until the P & Z
had had an opportunity to see this presentation and make
their recommendation . At their regular meeting held on
August 22 , the P & Z did vote 4-0 to recommend approval of
the requested zoning for this tract to the City Council with
the notation that Chestnut Drive align with an unnamed east-
west road from Murphy which will intersect FM 1378 on the
west side .
ITEM NO. 5 - APPROVE ZONING ORDINANCE FOR ABOVE PROPERTY -
See comments on item no . 4 .
ITEM NO. 6 - PUBLIC HEARING ON ZONING OF 71 ACRES ON FM 1378
This property is described as 71 . 38 acres out of the James
McUlmurry Survey , Abstract 629 , located east of FM 1378 .
The Planning & Zoning Commission voted 4-0 to recommend to
the City Council approval of the request for zoning as
submitted by the petitioner . See comments for Item no . 4 .
ITEM NO. 7 - APPROVAL OF ZONING ORDINANCE FOR ABOVE PROPERTY
No additional comments .
ITEM NO. 8 - PUBLIC HEARING ON THE ZONING FOR 56. 287 ACRES
ON FM 1378 - This property is described as 56 . 287 acres out
of the James McUlmurry Survey , Abstract 629 , located east of
FM 1378 and is a part of the three tracts described in
comments on Item no . 4 . The Planning & Zoning Commission
voted 4-0 to recommend approval , to the City Council , of the
zoning petition as submitted . See comments on Item no . 4 .
ITEM NO. 9 - APPROVE ZONING ORDINANCE FOR ABOVE PROPERTY -
No Additional comments .
ITEM NO. 10 - PUBLIC HEARING ON ANNEXATION OF 128 ACRES ON
McMILLAN ROAD - This property is made up of three tracts and
is described as Tract 6 consisting of 38 .45 acres , Tract 7
consisting of 50 . 09 acres and Tract 8 consisting of 39 . 58
acres out of the J . Mitchell Survey , Abstract 589 . It is
located on McMillan Road adjacent to the Southfork Ltd .
property . This is the second public hearing on this
annexation request . This is the final action on the
annexation of the Robert Thurmond property that came to us
1
as a voluntary annexation in conjunction with the Council ' s
action on the Southfork Mobile Home Park .
ITEM NO. 11 - PUBLIC HEARING ON THE ANNEXATION OF 28 ACRES
This property is described as 4 . 6 and 1 . 97 acres out of the
L. K . Pegues Survey , Abstract 703 ; 3 . 69 acres out of the I .
Clifton Survey , Abstract 193 ; and 18 .009 acres out of the
Wm. Sachse Survey , Abstract 835 , a total of 28 . 269 acres
owned by T .P .& L. You can see from the survey maps in your
packet on pages 38-40 that these tracts are narrow strips of
land belonging to TP&L for their power lines . These are not
easements but are actully owned by TP&L and have interrupted
the contiguity of the city limits to property owners who
desire annexation into the City ; therefore , we wrote to TP&L
and requested that these strips be voluntarily annexed into
the City . This petition for annexation is their affirmative
response . You will note that the one strip of 18 . 009 acres
bisects Regency Business Park (adjacent to Steel Ind . Park)
and a 17 acre tract that Mr . Swayze desires to develop as
Phase II and III of Regency Business Park. This annexation
will provide contiguity for Mr . Swayze ' s property , clearing
the way for annexation of that tract . These three tracts
are connecting tracts and they terminate east of Hooper Road
and north of Hensley Road at the corner of the Housewright
property . This is the first hearing before the Council .
The Planning & Zoning voted 4-0 to recommend approval of
this petition to the City Council .
ITEM NO. 12 PUBLIC HEARING ON ANNEXATION OF 17 ACRES - This
property is described as 17 . 1478 acres out of the Wm . Sachse
Survey , Abstract 835 and is located adjacent to Phase I of
the Regency Business Park (adjacent to Steel Industrial
Park) . This petition was presented some time ago but was
necessarily delayed until the annexation of the TP&L
property described above . This is the first public hearing
before the Council . The P & Z voted 4-0 to recommend
approval of this annexation petition to the City Council .
ITEM NO. 13 - APPROVE ORDINANCE REGULATING VEHICLES FOR HIRE
(i . e . , TAXICABS) - This ordinance is another ordinance which
we are recommending that the Council pass in order that we
may have some established law and procedure before the
demand arises . You will recall that we took the same
approach on the hotel/motel tax ordinance . It may surprise
you to know that the Code Enforcement Officer has had
inquiries about our ordinances in this area. These
inquiries do not seem to be serious as yet , but passage of
this ordinance will provide us with some regulation in the
area .
ITEM NO. 14 - APPROVAL OF AMENDMENT TO PARKS & REC ORDINANCE
This ordinance will prohibit the use of glass containers in
any public parks . The portion of this amendment that
prohibits glass containers in all City parks is a request
that W . S .A. , through our Parks Board , has made of the City
Council . The staff supports this amendment because of the
trash problem created with glass containers and their danger
to public safety . In addition , a prohibition on consuming
alcoholic beverages in the Community Room was removed from
this ordinance . This action does not make it legal to
consume alcohol in the Community Room because it is still in
the park and would be covered under the general statement ;
however , it does allow us , under separate ordinance , to
discuss a rental policy ordinance and whether or not we wish
to allow the consumption of alcohol in the Community Center
at private parties only . This ordinance should come before
you within the next few weeks .
ITEM NO. 15 - APPROVAL OF ORDINANCE SETTING SPEED ZONE NEAR
BIRMINGHAM ELEMENTARY - This ordinance was brought to us
from the State Department of Public Safety . Mr . John
Miller , District Traffic Engineer , hand carried the sample
2
ordinance to us along with the traffic studies and requested
that the Council take action this Tuesday night . If this
ordinance is approved by the Council , Mr . Miller is prepared
to have the speed limit signs installed next Wednesday
morning , in order that they might be in place before the
beginning of classes on September 3rd .
ITEM NO. 16 - APPROVE CONSTRUCTION PLANS FOR WYNDHAM II -
This is the second phase of the Wyndham Estates located on
Highway 78 , ( location of the Centennial Homes models) . The
appropriate staff members and the City Engineer have
reviewed these plans and found them to be in compliance and
therefore , recommend your approval of these construction
plans . The P & Z voted 4-0 to recommend approval to the
City Council .
ITEM NO. 17 - PRESENTATION TO THE COUNCIL BY MELVIN ST.JOHN
Mr . St . John has requested an opportunity to speak before
the Council on behalf of himself and the quality of his work
at Rush Creek and West Wind III in rebuttal to the comments
offered by the City Engineer at a previous meeting .
ITEM NO. 18 - APPROVAL OF BANK RECONCILIATION STATEMENTS -
No additional comments .
3
/1/6 %_Vi • ' Z'IL7 r
AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, AUGUST 27 , 1985
7 :00 P.M. WYLIE COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
1 separate Consider approval of minutes .
cover
2 1 Consider appointment of City of
Wylie Health Officer .
3 Consider appointment to fill
vacancy on the Planning & Zoning
Commission.
PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS
4 2-4 PUBLIC HEARING - Conduct public
hearing on the request for SF-3
(single family) and B-1 (business)
zoning for 40 . 129 acres out of the
James McUlmurry Survey , Abstract
629 , located on the east side of FM
1378 north of the Birmingham Farms .
5 5-7 Consider approval of ordinace to
zone 40 . 129 acres out of the James
McUlmurry Survey , Abstract 629 ,
located east of FM 1378 , north of
the Birmingham Farms .
6 8-11 PUBLIC HEARING - Conduct public
hearing on the request for MF
(multi-family) , 2F (duplex) and SF-
3 ( single family) zoning for 71 . 38
acres out of the James McUlmurry
Survey , Abstract 629 , located east
of FM 1378 and directly north and
adjacent to the property described
in Item no . 5 .
7 12-14 Consider approval of ordinance
zoning 71 . 38 acres out of the James
McUlmurry Survey , Abstract 629 ,
located east of 1378 and north of
the property described in Item 5 .
8 15-19 PUBLIC HEARING - Conduct public
hearing on the request for MF
(multi-family ) and B-1 (business )
zoning for 56 . 287 acres out of the
James McUlmurry Survey , Abstract
629 , located east of FM 1378 and
directly north and adjacent to the
property described in Item no . 7 .
9 20-22 Consider approval of ordinance
zoning 56 . 287 acres out of the
James McUlmurry Survey , Abstract
629 , located east of FM 1378 and
1
north of the property described in
Item no . 7 .
10 23-34 PUBLIC HEARING - Conduct second and
final public hearing on the request
for annexation of Tract 6 ,
consisting of 38 . 45 ; Tract 7
consisting of 50 .09 acres and Tract
8 consisting of 39 . 58 acres , for a
total of 128 . 12 acres out of the J .
Mitchell Survey , Abstract 589 .
11 35-40 PUBLIC HEARING - Conduct first
public hearing on the request for
annexation for 4 . 6 and 1 .97 acres
out of L . K . Pegues Survey ,
Abstract 703 ; 3 . 69 acres out of the
I . Clifton Survey , Abstract 193 ;
and 18 .009 acres out of the Wm.
Sachse Survey , Abstract 835 for a
total of 28 . 269 acres owned by
T .P .& L.
12 41-42 PUBLIC HEARING - Conduct first
public hearing on the request for
annexation of 17 . 1478 acres out of
the Wm. Sachse Survey , Abstract
835 .
13 43-51 Consider approval of ordinance to
establish standards and
restrictions for vehicles for hire .
14 52 Consider approval of ordinance
amending Ordinance No . 78-18
regulating Park & Recreation
Facilities .
15 53-56 Consider approval of ordinance to
establish speed limits for FM 3412
near the Birmingham Elementary
School .
NEW BUSINESS
16 57-58 Consider approval of construction
plans for Wyndham Estates Phase II .
UNFINISHED BUSINESS
17 Consider presentation to Council by
Melvin St . John relative to streets
in West Wind III .
PURCHASE/PAYMENT/FINANCIAL STATEMENTS
18 separate Consider approval of bank
cover reconciliation statements .
GENERAL DISCUSSION
19 Citizen Participation .
20 Council Discussion .
21 Recess open meeting .
EXECUTIVE SESSION
22 Convene Executive Session under the
Authority of Article 6252-17 of
2
V . A.C . S . Section 12 paragraph "g"
personnel matters .
23 Reconvene open meeting .
24 Consider action on matters
discussed in Executive Session .
25 ADJOURN
3
-111t#E %e
CITY OF WYI1IL
114 N. BALLARD ST. - P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
COPY OF APPOINTMENT
CITY HEALTH AUTHORITY
I do hereby certify
that on day of 19
M.D. , was
duly appointed the City Health Authority of
Texas, and his term shall begin on
19 and end on 19
unless said authority is removed by law.
SIGNED
TITLE
PETITION FOR ZC1N1N
THE ':;TOTE OF TEXAS:
isi:LiON1 OF COL_L IN:
I_i__ I i lF i::;I. i 1' CO r•If::1 I._ OF THEE: CITY OF W'ii_1 E, ;Li.
T I:_ I)
cothes Stanley A. Moussa of tr,,2 ;.'0L 1,t ,
p .1_las
sand tho State of T ;;as, and eprc•=: .::,,rH: E
tr' City Council of trie said City of Wyl .i. + f. = t t t_
l ' hr owner" or in CAI in, for'- ,11 1 of tr'ir_ i:Jweez _. ..
1.-F?I' 1 .Lrl1. ps c:r... c op r or dti. on-c who are own z,r._S Gi _hE. t f.,1 1 y‘l1.
described tract of aI nd which is within the C
J:h r:. City of Wylie, in Collin County,u t c
Situated in Collin County, Texas , in the James McUlmurry Survey , Pbstract
No. 629 , and being a resurvey of the called 40. 137 acre tract described
in a deed from Thomas E. Carroll and wife, Cynthia Carroll , to Roy E.
Jacobie, Trustee, dated November 10, 1980, and recorded in Volume 1324 ,
Pane 168, of the Collin County Deed Records and being mo e particularly
described by metes and bounds as follows :
BEGINNING at a 5/8 inch iron rod found at the Northeast orner of said
40. 137 acre tract in the East line of said McUlmurry Sur ey , said rod
being near a North-South fence and hedgerow;
THENCE South 00 deg. 44 min. 46 sec. West, along and nea a fence fcr a
distance of 236.88 ft. to a 1/2 inch iron rod found at a fence corner
post;
THENCE South 00 deg. 33 min. 40 sec. West, along and nea a fence for a
distance of 437 .74 ft. to a 3/4 inch iron rod tound for corner ;
THENCE South 89 deg. 03 min. 21 sec. West, 2589.27 ft. across an oven
field with turnrow and along and near a fence to a 1/2 i ch iron rod
set for corner in the Fast right-of-way line of Farm Roa. No. l37
THENCE North 00 deg. 1C min. 41 sec. East, 675.02 ft. with said rinnt-
of-way line to a 1/2 inch iron rod set at a fence corner post:
THENCE North_ 89 deg. 09 min. 00 sec. East , 2593.36 ft. alonc and near- a
fence and across an open field with turnrow to the point of beef nni nr
and containing 40. 129 acres of land more or less .
PETITION FOR ZONING CONT' D. PAGE 2
Said Stanl j A. Moussa represents that he and all
other owners desire the zoning to be changed from
AgrLc_atuul_Di5_triLt_ to SF-.3 & B-1 in accordance with
the current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner , therefore, respectfull prays that the land
above described bne zoned by the said City of Wylie, Texas.
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness the hand of this petitioner this the 3rd
day of May , l 9B 5___
. J )
Signature
Stanley A. Moussa
Please Print Name
1451 Wycliff Avenue
Street address or Bo>: No.
Dallas TX 75207
City Texas Zip
(214) 233-4499
Telephone
-
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned Notary Public Ph ,5l
personally appeared MOW
thc person whos name is subscribed to + he
instrument , and acknowledged to me that he executed
for the purposes and consideration therein e,prena"4:
Gi 'en vnder my hand and seal of offi ce thi E the 3rd
198�_'
___-- _____-- - -
Notary Public , Dallas
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 that the said change of zoning which
is on application of .....ltum}ey.-A._M0ussa_............... should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 ' That the Comprehensive Zoning Ordinance of the
City of Wylie, Texas, be and the same is hereby amended by
amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning district
classification to-wit:
Said property being described as follows:
40. 129 Acres see attached
Situated in Collin County, Texas , in the Jar:es McUlmurry Survey , Pbstract
No. 629, and being a resurvey of the called 40. 137 acre tract described
in a deed from Thomas E. Carroll and wife, Cynthia Carroll , to Roy E.
Jacobie, Trustee, dated November 10, 1980, and recorded in Volume 1324 ,
Page 168, of the Collin County Deed Records and beinn more particularly
described by metes and bounds as follows :
BEGINNING at a 5/8 inch iron rod found at the Northeast corner of said
40. 137 acre tract in the East line of said McUlrnurry Survey , said rod
being near a North-South fence and hedelerow;
THENCE South 00 deg. 44 min. 46 sec. West, along and near a fence for a
distance of 236.83 ft. to a 1/2 inch iron rod found at a fence corner
post;
THENCE South 00 deo. 33 ruin. 40 sec. West, along and near a fence for a
distance of 437.74 ft. to a 3/4 inch iron rod found for corner;
THENCE South 89 deg. 03 min. 21 sec. West, 2589_27 ft. across an open
field with turnrow and along and near a fence to a 1/2 inch iron rod
set for corner in the Fast right-of-way line of Farm Road No. 1378;
THENCE North 00 deg. 1E min. 41 sec. East , 675.02 ft. Oth said right-
of-way line to a 1/2 inch iron rod set at a fence corner post;
THENCE North 89 deg. 09 min. 00 sec. East, 2593. 36 ft. alone and near a
fence and across an open field with turnrow to the point of beginning
and containing 40. 129 acres of land more or less .
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 noL in
conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3. That the above described property shall ue 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 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 _ 13th ___ day of ___�UGU�T_____________,
l98_5_. -
JOHN W. AKIN, MAYOR
ATTEST:
--------------------------------
Carolyn Jones, City Secretary
��
PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLINr
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLL|N [u:ui , .
TEXAS.,
Now comes _____C. _Decx_ am ________ of the [n"'.t
___D«llas ________and the State of Texas, and represp'.ts � c
�he City �auncil of the said City of Wylie, Texas , ' , ''
is the owner or is acting for all of the us/`015 c.'
partnerships or coprorations who are owners of the / o1 / a"i ,,,
described tract of alnd which is within the City ii " ` ri ` /
the City of Wylie, in Collin County, texas, and dc"r'' ; K'a +�
Vol ] ows:
71 .38 acres of land situated in the J.C. 0cDlmurry Survey, Abstract
No. 629 and being more particularly described by metes and bounds on
Exhibit "A" which is attached hereto and mode u part hereof for all
purposes.
�
PE7ITION FOR ZONING c: ONT' D. F,:aC E
Said C.T. Beckham represents that he and
other owners desire the zoning to bcchanded from
Agricultural t.cMF,_. DuQlex > �o: b SF- 3i , -6c:c:or k- i h
the current Zoning Ordinance and making said :'criing `A.1L .1E_c
to the appropriate laws, rules, and regulation_; Di' Lcty
r t; ] <_;t:i. n ci to that classification of zoning.
YcuAr petitioner , therefore, respectful1 prays that the i c.nd
t,c e de cr-ibed bne zoned by the said City of L.J I i 1
provided by Article 974 (g) of the REVISED CIVIL '.... r...n iE:_!
OF THE STATE OF TEXAS.
tht! hand of this; petitioner this the 25th
d , / r;f - --- April.__... -- - 1 98 5 -
f".-P-H.---7.4"9
DicAnatur c=
C.T. Beckham
_e Print i`J n•:
5580 LBJ Freeway Suite 650
Street address
Dallas, TX 75240
City
214/387-8757
<i)
^
'
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned Notary Public on ' h / .
personally appeared Beckham ___ _, known to me to
is
the person whus name subscribed to �h�
instrument , and acknowledged to me that he executed t ,`'
for the purposes and consideration therein e,presseo :
Given under my hand and seal of office this the __25ch
of _ &pril ______, 1985_,
Notary P c ,'Vo�*rn
Stacey D. Ldke Dallas
My commission expires 11/22/86
�~~.
EXHIBIT "A"
BEING a survey of a tract of 71.380 acres of land in the J. C. McULMURRY SURVEY
ABSTRACT NO. 629, Collin County, Texas; and being described as the FIRST TRACT
and SECOND TRACT in deed from J. W. Anderson to Joseph W. Gayden dated May
5, 1960; and said 71.380 acre tract being more particularly described as follow
BEGINNING at a point in the center of F.M. Road No. 1378 that is 2644.0 feet
North 00 deg. 15 min. 00 sec. East from the Southwest corner of said McUlmurry
Survey, said southwest corner being in the North line of a 40 ft. Road running
East;
Thence Northerly, along the center of said F.M. Road, as follows:
1st. North 00 deg. 15 min. 00 sec. East-781.84 feet to the beginning of a'
curve to the right that has a Central Angle of 06 deg. 23 min. 00 sec . ,
a Radius of 1909.86 feet, a Tangent of 106.5 feet;
2nd . Northeasterly , around said curve, 212.78 feet;
3rd. North 06 deg. 38 min. 00 sec. East - 193.31 feet;
THENCE North 88 deg. 40 min. 03 sec. East along the North line of said FIRST
TRACT, 2595.0 feet to its Northeast corner, a point in the East line of said
McUlmurry Survey (a fence line) ;
THENCE South 00 deg. 15 min. 00 sec. West along said fence line on the East
line of said Survey, 1185.36 feet to the Southeast corner of said SECOND TRACT;
THENCE South 88 deg. 40 min. 03 sec. West, along the South line of said SECOND
TRACT, 2628.46 feet to the point of beginning and containing 71.380 acres
of land of which 1 . 223 acres lies in the right of way of F.M. Road No. 1378
leaving a net remainder of 70.157 acres of land.
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 that the said change of zoning which
is on application of __ __________________ should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . That the Comprehensive Zoning Ordinance of the
City of Wylie, Texas, be and the same is hereby amended by
amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning district
classification to-wit:
Said property being described as follows:
see attached
EXHIBIT "A"
BEING a survey of a tract of 71.380 acres of land in the J . C. McULMURRY SURVEY
ABSTRACT NO. 629, Collin County, Texas; and being described as the FIRST TRACT
and SECOND TRACT in deed from J. W. Anderson to Joseph W. Gayden dated May
5, 1960; and said 71.380 acre tract being more particularly described as follow
BEGINNING at a point in the center of F.M. Road No. 1378 that is 2644.0 feet
North 00 deg. 15 min. 00 sec. East from the Southwest corner of said McUlmurry
Survey, said southwest corner being in the North line of a 40 ft . Road running
East;
Thence Northerly, along the center of said F.M. Road , as follows:
1st. North 00 deg. 15 min. 00 sec. East-781 .84 feet to the beginning of a
curve to the right that has a Central Angle of 06 deg. 23 min. 00 sec. ,
a Radius of 1909.86 feet, a Tangent of 106.5 feet ;
2nd. Northeasterly, arouId said curve, 212.78 feet;
3rd. North 06 deg. 38 mifl: 00 sec. East - 193.'31 feet ;
THENCE North 88 deg. 40 min. 03 sec. East along the North line of said FIRST
TRACT, 2595.0 feet to its Northeast corner, a point in the East line of said
McUlmurry Survey (a fence line) ;
THENCE South 00 deg. 15 min. 00 sec. West along said fence line on the East
line of said Survey, 1185.36 feet to the Southeast corner of said SECOND TRACT;
THENCE South 88 deg. 40 min. 03 sec. West, along the South line of said SECOND
TRACT, 2628.46 feet to the point of beginning and containing 71 .380 acres
of land of which 1.223 acres lies in the right of way of F.M. Road No. 1378
leaving a net remainder of 70. 157 acres of land.
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 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 _43th day of
l98b__.
________________________
JOHN W. AKIN, MAYOR
ATTEST:
-----------------------------
Carolyn Jones, City Secretary
���
. .
-
PETITION FOR ZONING
7HE STATE OF TEXAS:
COUNT� OF COLLIN:
TO THE CITY COUNCIL OF THE CIlY OF WYLIE,
TEXAS:
N ow Stan l � HO c�mes ���� ussa th"�
Dallas......__and the State of Texas, and rt�'p,
the City Cc)uncil of the said City of Wylie,
is Lh, owner or is acting for all of the
pert"e, ships or coprorations who are c.k�ners of
Jesc, | �e� tract of alnd which is within the I t L ' ',. . � �
�he City of WyIie, in Collin County,
F.ii ^ws:
Situated in Collin County, Texas in the James MCYlmurry �bstract NO. 629
and beine resurvey of all of a 56' 31 acre tract as described in a deed
from Abe T. 3alih to R. B. [k,tens recorded in Volume 616 Paqe 341 of the
Collin County Deed Records and being more fully described as f011oxs :
BEGINNING at an axle rod found at the Northeast Corner of the said tract ;
THENCE South OO d2o. 16 min. 44 sec. Hest, along the East line of the
said tract d distance of 961 .98 ft. to d half inch iron stake Set by a
corner post in the Southeast corner of the said tract;
THENCE South 88 dea. 2S min, 16 38c. West, oith South line Of the said
tract a distance Of 2553'42 ft' to an iron stake found at the Sootheast
corner Of the said tract. Said stake h2iOq in the East rinht-Of-wuy
line of F.R. Highway 1378-,
THENCE M0rth 7 deg. 10 min. 56 sec. Fast, with East rinht-Of-ray li :e
Of Hiohway d distance Of 86.66 ft. to d half inch iron stake set at ti`e
beninning Of a curve to the left with a central ancile of 07 deg . 33 /"in.
23 sec. and d radius Of 1954,86 ft. The be8rino in distance to the center
of the radius beiny North Ol deg. 52 min. 24 sec. West, 1954.06 ft . -,
THENCE in d Northerly direction along the East ripht' of-oay line of said
highway and along the said Curve and an arc distance of 260.66 ft to u
half inch iron stake at the end of said curve;
THENCE North 00 den. 14 min. 45 sec. West, with the East right-of-way
line of Highway 635.85 ft. to a half inch iron stake set at the
Northwest corner of the said tract;
THENCE North 89 deg. 03 min. 22 sec. East, with North line of the said
tract 1449.24 ft. to an iron stake found;
THENCE North 88 deg. 41 min. 33 sec. East, with the North line of
tract a distance of 1080.76 ft. to the place of beginning containing
56.287 acres of land.
1A
PETITION FOR ZONING CONT' D. PAGE 2
Said Stanley A. Moussa represents that he and all
other owners desire the zoning to be changed from
Av isyl .urol_Qi.gri t_ to MF & B-1 in accordance with
the current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner , therefore, respectfull prays that the land
above described bne zoned by the said City of Wylie, Texas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness the hand of this petitioner this the 3rd
day of May , 1985
Signature
Stanley A. Moussa
Please Print Name
1451 W'cliff Avenue
Street address or box No.
Dallas TX 75207
City Texas Zip
(214) 233-4499
Telephone
/r7
T I_.E 5IMTE OF T E:X r i
LOUITUY Of COLLIN:
IT:ei f::)I:_e m€• the l_lnc1. rsicned Notary Public on '."r,; I:. •
pr_,r—., ,l...iI l y ,_.ppr',_trE?CI Stanley A. Moussa - ...--- known , c-, ,I,r- ?. , (.„.
the person (wh i.J s name is subscribed to t:r-,,: t ._,r , ,, ; ,: .
._ ._ . 1- _
l Il!!: 1:.Y l_I(Tlf_'rlj= • and acknowledged to me that he F_'::ec`t_L� �_ -:'f i � i �•r —"-
or the purposes and consideration therein :-,..; ;,, .
_ : ven under riy hand and seal of _f+ :I v_ this the 3rd
_I.-, .
! 7
'��� a �� 1 7 r7
i7i
_
Notary Public. , Dallas L_'._u `.. _ .
Situated in Collin County, Texas in the James McVlmurry ibstract ':o . 629
and being resurvey of all of a 56. 31 acre tract as described in a deed
from Abe T. Salih to B. B. Owens recorded in Volume 616 Page 341 of the
Collin County Deed Records and beina more fully described as follows :
BEGINNING at an axle rod found at the Northeast corner of the said tract ;
THENCE South 00 den. 16 min. 44 sec. West, alone the East line of the
said tract a distance of 961 .98 ft. to a half inch iron stake set by a
corner post in the Southeast corner of the said tract;
THENCE South 88 den. 2S min. 16 sec. West, with South line of the said
tract a distance of 2553.42 ft. to an iron stake found at the Southeast
corner of the said tract. Said stake being in the East right-of-way
line of F .M. Highway 1378;
THENCE North 7 deg. 10 min. 56 sec. East, with East rinht-of-way line
of Highway--a distance of 86.66 ft. to a half inch iron stake set at the
beginning of a curve to the left with a central angle of 07 den . 30 min.
23 sec. and a radius of 1954.86 ft. The bearing in distance to the center
of the radius being North 81 deg. 52 min. 24 sec. West, 1954 .06 ft . ;
THENCE in a Northerly direction along the East rinht• of-way line of said
highway and along the said curve and an arc distance of 260.66 ft to a
half inch iron stake at the end of said curve;
•
THENCE North 00 den. 14 min. 45 sec. West , with the East rinht-of-..ay
line of Highway 635.85 ft. to a half inch iron stake set at the
Northwest corner of the said tract;
THENCE North 89 deg. 03 min. 22 sec . East , with North line of the said
tract 1449.24 ft. to an iron stake found;
THENCE North 88 deg. 41 min . 33 sec . East, with the North line
tract a distance of 1080. 76 ft. to the place of beginninc containin,:
56.287 acres of land.
/9
-
-
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 HERElNAFTER
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 that the said change of zoning which
is on application of ���Ll � Mnu\��_____________ 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 CI[Y COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . That the Comprehensive Zoning Ordinance of the
City of Wylie, Texas, be and the same is hereby amended by
amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning district:
classification to-wit :
Said property being described as follows:
56'287 Acres ---- see attached
Situated in Collin County, texas in the James WcYlmurry Abstract '`.o . 629
and being resurvey of all of a 56. 31 acre tract as described in a deed
from Abe T. Salih to R. B. Owens recorded in Volume 616 Page 341 of the
Collin County Deed Records and being more fully described as follows :
BEGINNING at an axle rod found at the Northeast corner of the said tract:
THENCE South 00 der. 1r, min. 44 sec . West , along the East line of the
said tract a distance of 961 .98 ft. to a half inch iron stake set by a
corner post in the Southeast corner of the said tract;
THENCE South 88 den. 2S min. 16 sec . West , with South line of the said
tract a distance of 2553.42 ft. to an iron stake found at the Southeast
corner of the said tract. Said stake being in the East rinht-of-way
line of E .M. Highway 1378;
THENCE North 7 den. 10 min. 56 sec. East, with East rinht-of-way line
of Highway a distance of 86.66 ft. to a half inch iron stake set at the
beginning of a curve to the left with a central angle of 07 den . 3C min.
23 sec. and a radius of 1954.86 ft. The hearing in distance to the center
of the radius being North 81 deg. 52 min . 24 sec . West, 1954 .26 ft . ;
THENCE in a Northerly direction along the East rioht. of-way line of said
highway and along the said curve and an arc distance of 260.66 ft . to a
half inch iron stake at the end of said curve:
THENCE North 00 den. 14 min. 45 sec. West , with the East right-of-way
line of Highway 635.85 ft. to a half inch iron stake set at the
Northwest corner of the said tract;
THENCE North 89 deg. 03 ruin . 22 sec . East , with North line of the said
tract 1449.24 ft. to an iron stake found;
THENCE North 88 deg . 41 min. 33 sec . East , with the North line of
tract a distance of 1080.76 ft. to the place of beginning containing
56.287 acres of land .
a./
- .
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 here, v
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 par !-
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 violatio" shall continue to
exist shall constitute a separate offense'
SECTION 6. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest , comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY -THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the l3th day of A _____________,
l98_5_.
________________________
JOHN W. AKIN, MAYOR
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 I�}bf���_� _�� of the County o,
COlIio -�-�-----
_____________________ and the State nf Texas, and represe,.t*
to thd City Council of the said City of Wylie, Texas, that
he is the owner or is acting for all of the owners o/
partnerships or corporation who are owners of the following
described tract of land which is contiguous and adjacent tc,
the City of Wylie, in Collin County, Texas, and in which hm
less than three (3) qualified voters, reside, describen as
follows:
(J4t
^
�
'
'
PETITION FOR ANNEXATION CONT' D' PAGE �
Said _ Jz . ______ represents that he ano
all other owners desire to be annexed to and made part of
the said City of Wylie, Collin County, Texas, subject to all
laws, rules and regulations of said City.
Your petitioner, therefore, respectfully prays that the land
above described be annexed to the said City of Wylie, Texas
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness the hand of this petitioner this the 18 ' th__ day 01
______JuIe-____________, l98____'
5
' ~'
____ _�___-
S��n��ure
�-
Bobert V. Thurmond, Jr '
__________________ ____
. " Please Print Name
Rt. #2 Bo»� 345 �&
_ _ _ _______ ___
Add,esi:
McKl 75O69
____n_n__ev_ _ _
[iL, Te`� as
Teler:'^`.�
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the und' i d Notary Publicon this day
personally appeared \] viol __, known to
me to be the person whose name is subscribed to the
foregoing instrument , and acknowledged to me that he
executed the same for the purposes and consideration therein
expresses:
Given unde my hand and seal of _gffice this theday
of __________, l98_^� _ -------
. .
-/________ _
Notary Public , Collin County le-a,:
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PETITION FOR ANNE:ATION
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLlN COUUly '
TEXAS:
Now comes _������ the Count, C�+
_ <� Stat�//�� ` and the e of Texas, and represe^ts
to t�/e City Council of the said City of Wylze, Texas, tneL
he is the owner or is acting for all of the owners or
partnerships or corporation who are owners of the following
described tract of land which is contiguous and adjacent to
the City of Wylie, in Collin County, Texas, and in which has
less than three (3) qualified voters, reside, described as
follows;
`
�
'
PETITION FOR ANNEXATION CONT' D. PAGE -
Said _ represents that he an(i
all other owners desi re to be annexec1 to and made part of
the said City of Wylie, Collin Count? . Texas, subject to aii
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, Tenas
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS'
Witness the hand of this petitioner this thel8 / tb da` of
_________Juue _________, 198__ 5 -------
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Please Print |^n"»,,
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City Te, a�
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THE STATE OF TEXAS:
COUNTY OF (_OL.LIN:
Before me, tt'1E? l..lnd - igned Notar Public on this dciy
personally appeared /l 11rr tf(11Cr1.I Jr • known to
TIC to he the person whose name is subscribed to the
foregoing instrument , and acknowledged to me that he
e`;ei:_l_lt:PCj the SililE? for 1:.t1F_? purposes, ;and consideration therein
�.: ik
Given itn lPr my hand and seal of o'f i ,:e this s the
of 19EI��-
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PETITION FOR ANNEXATION
THE STATE OF TEXAS;
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE ClTY OF WYL[E, COLLlN COU|^� , .
TEXAS:
Now comes Robert V. Thurmond , Jr. t of he �ount . ot
i _'��-_---------- the S-�-�-��---xas, and represeo�s
to t�c* City Council of the said Cit f Wylie, Texas, t,��
he is the owner or is acting for all of the owners �r
partnerships or corporation who are owners of the follc~i ��
described tract of land which is contiguous and a�jacen� �c
Lhe City of Wylie^ in Collin CC-unty, Texasr and in whir� /`as
less than th ree (3) qualified voters, reside, descri �e� as
follows:
=��/~
^
PETITION FOR ANNEXATION CONT' P' PAGE .`
3azU __Robert_\/. _Tburmood,_Jr . ______ represents that no .�nu
h all oter to and made par` o,
the said City of Wylie, Collin Count� , Texas, subject to . \ 1
laws, rules and regulations of said Citv'
Your petitioner , therefore, respectfully prays that the i6nd
above described be annexed to tho said City of Wylie, Te :as
as provided by Article 974 (g) of the REVISED CIVIL STATUTE�
OF THE STATE OF TEXAS.
Witness the hand of this petitioner this the _��.��_ day o+
____________,
- ^
Siy. .aLu,'e
Robert V . Thurmond, Jr .
Please Print Name
. "
Rt, #2 8mx 345 &
_ _ _____________________ _
�ddres�
McKinney 75069
Ci ��
2Id-442-6656
-------------------- '' -
,
,
THE STATE OF TEXAS;
COUNTY OF COLLIN:
Before me, the und gned N n this do,,personal ] y appeared ` u `__ _, known t r)
me to be the person whose name is subscribed to L/`,�
foregoing instrument , and acknowledged to me that he
executed the same for the purposes and consideration therei /
expresses:
` A
Given under y hand and seal of office this the
of l98 ��............
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Notary Public . Collin County Te`' as
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PETITION FOR ANNEXATION
THE STATE OF TEXAS:
COUNTY OF COLL.IN:
TO THE CITY COUNCIL.- OF THE CITY OF WYL I C. COLL_I N COUNTY
TEXAS:
NON (_Oa)e5; Te.Xahs Pou.w. 6 Light Corn2crJ.-_.-. of the County of
Vcttta,5 and the State of Teas, and represents
to theeCity Council of the said of Wylie, Teas, that
he is the owner or is acting for al 1 of the owner's or
partnerships or- corporation Who are owners of the following
described tract of land which 1s i_ont.lcjuous and adjacent to
the City of Wylie, in Collin County. .Ia , and in Which has
less than three ( '.) qualified voters, reside, described as
fellows:
4. 6 ae;tes out o6 the. L. K. Pegues Sui vey, CL C£.c Cuurlti' Abs.t.Lact 703 --'
1 . 97 genes out u() the L. K. Pegues Stvtvecr, Coe.e.61 County 7
Abs-titact 703
3.69 ae-ces out. o 6 the I. Ctt6-ton Swtvey, Co tun County Abs-tnac t 193 (%,
18. 009 aches out u 6 ,the W. M. Sach. e SccLvey, Co CCi rt County
Abs-tltact 835.
PETITION FOR ANNEXATION ':oNT' I?. PAGE
Sally Texas, Powehb Light Co yang represents that he and
all other owners desire to be anne:•:ed to ar-ld made part of
the said City of Wylie. Collin County, fe:,:ass. 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, TES as
as provided by r'lr-til_1e 974 (g) of the REVISED CIVIL. STATUTES
OF THE ;:STATE OF TEXAS.
Witness the hand of this petitioner this the d.a of
Jul c, 5 ----- -___
- - - — -- 9L 1 - --.
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D�.�t.t .c t tla�ulyc
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1t?d55cr? f''I' 1 flt Nciir'
717 State Sti eet
Addr'e ;s
GaAt'aild Texa.5 75040
C;. f.. T e;:ass p
272-.2545
THE STATE OF TEXAS:
COUNTY OF DALLAS:
Before me, the undersigned Notary Public on this day
personnaly appeared (,1, ��.�� , known to me
to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses :
Given under my hand and seal of office this the - _ day
of 'cL( .e , ,
Notary Public, Dallas County Texas
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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
t
1
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 (II) 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,
•
THE STATE OF TEXA
COUNTY OF .COLE #Tf !4 f i }-
Before me , the undersigned authority , on this day per-
sonally appeared U ( Nee 9/4- AAA, d e c
and -known to me to be —he person; whose
names are subscribed to the foregoing instrument and each
acknowledged to me that he executed the same for the purposes
and consideration therein expressed .
Given under my hand . seal of office , this �
' day of
, 19
Notary Public ,
Co nty , exas
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PROPERTY DESCRIPTIDN
PARCEL B
Being all of that certain lot, tract or parcel of land
situated in the WILLIAM SACHSE Survey, Abstract No. 8�5,
Collin County, Texas, and being a part c'i that same tract of
land described as tract no. 2 in deed to // nce] ee
Alexander , recorded in Volume 1120, Page 658 of Deed Records
of Collin County, Texas and being more paruzcularly
described as follows:
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BEGINNING at a 5/8" iron rod for corner at the present-
intersection of the south line that same tract of land
described in deed to T P & L Company, recorded in Volume
574, page 455 of the Deed Records of Collin Count , , Texas.
with the west ROW line of Hooper and (a bQ' ROW) :
THENCE S 00 004' 08" W, 285. 86' with the wenc line of Hooper
Road to a 5/8^ iron rod to the northeast , o/ n" of the 8' C .
Wood , et ux 51 . 531 acre tract of land ;
THENCE S 890 4l ' 00" W. 2612' 95' with th~ o `.'J' ine n+ L/.e
Wood tract to a l ^ ir ,n pipe for corner / /. hh" .set Line of
the Lona H. Ingram 111 . 848 acre tract "+ ! and ;
THENCE N 00 000' 43" E, 285. 86' with the sa�. \ . oe at 4'..-,
Ingram tract to a 5/8^ iron rod for co/ / .e. / n ch^ ou=/` 1 .1 / ,
of the aforementioned [ P & L Co. tract ;
THENCE N 890 41 ^00" E . 2613. 23' with the s..uLh lzne of WO '
P & L Co. tract to the place of beginning ^nd conLal /. L ,`g
746, 957' 29 square feet or 17' 1478 acres '.+ land .
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ORDINANCE NO.
BEING AN ORDINANCE TO ESTABLISH STANDARDS
AND RESTRICTIONS OF VEHICLES FOR HIRE,
PROVIDING FOR PUBLICATION, PROVIDING FOR
A SEVERANCE CLAUSE, PROVIDING FOR PENALTY
AND ESTABLISHING AN EFFECTIVE DATE:
WHEREAS: The City of Wylie has no no ordinance to control
vehicles for hire and,
WHEREAS: The City Council is desirous of protecting the
Health, Safety and Welfare of the citizens of the
City of Wylie and,
WHEREAS: Authority to control "Vehicles for Hire" is
contained in Article 10-3. 07 (K) ;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . DEFINITIONS:
As used in this ordinance the following words and
terms shall have the respective meanings ascribed
to them:
(a) Taxicab: Any vehicle carrying passengers for
hire, except motor buses or motor coaches
operated by bus lines over designated routes
i`n and through the city;
(b) Conduct a Taxicab Business: The use of one
or more taxicabs within the corporate limits
of the city, by the owner thereof , for the
purpose of carrying passengers for hire,
either by driving the same himself or having
the same driven by some other person;
(c) Taxicab Driver: A person, properly licensed
by the State of Texas who is authorized by
permit to drive a taxicab within the
corporate limits of the city;
SECTION 2. EXEMPTIONS:
(a) State regulated vehicles excepted: This
ordinance shall not apply to passenger buses
operating under the regulations of the state
railroad commission, and coming into or
passing through the city for the purpose of
loading and unloading passengers;
SECTION .?. GENERAL
(a) Appeal from decision of city secretary or
chief of police. Anyone desiring to do so
may appeal from any action of the city
secretary or chief of police under any
provision of this article to the city council
within ten ( 10) days of the action of the
city secretary or chief of police. The
hearing on appeal shall be de novo. The
decision of the city secretary or chief of
police shall become final unless an appeal
is taken within the time and manner herein
provided. In the event of such appeal , the
decision of said body shall be final . The
action of the city secretary or chief of
police shall be in full force and effect
until changed by action of the city council ,
(b) Maximum seating. It shall be unlawful to
carry in a taxicab more than five (5)
passengers in any taxicab, and in no event
shall more than two (2) passengers ride in
the front seat with the driver,
(c) Receipt, discharge of passengers. No driver
of a taxicab shall receive or discharge
passengers in the roadway of any street, but
shall drive to the right-hand sidewalk, as
nearly as possible, or, in the absence of a
sidewalk, to the extreme right-hand side of
the road, and there receive or discharge
passengers,
(d) Acting on behalf of prostitutes or unlawful
establishments. It shall be unlawful for any
taxicab driver or owner to act in any manner
as a panderer or pimp for prostitutes or as
contact for unlawful establishments of any
character, or to knowingly transport any
passenger to the abode of a prostitute,
(e) Alcoholic beverages - Transportation
prohibited. It shall be unlawful to
transport alcoholic beverages, not owned and
in the exclusive possession and control of a
fare-paying passenger, in the taxicab or for
any taxicab driver to have on his person any
alcoholic beverage while driving and
operating a taxicab in service,
(f ) Alcoholic beverages - Consumption in vehicle.
It shall be unlawful for any driver or
passenger of any taxicab to drink alcoholic
beverages of any kind while inside the
taxicab,
(g) Alcoholic beverages - Sale. No driver of a
taxicab or owner of a taxicab shall engage in
selling intoxicating liquors or soliciting
business for any person selling intoxicating
liquors,
(h) Transportation of criminals. It shall be
unlawful for any taxicab driver or owner to
knowingly transport any criminal , narcotic
peddler, prostitute, bootlegger or any other
person i,n the commission of a crime or
infraction of the law in any manner,
(i ) Council to fix , display of rates. The city
council shall have the power to fix the
rates, charges and fares of all taxicabs
operating within the city. There shall be
displayed in a permanent place within every
taxicab doing business within the city a map
showing the various areas of the city and
designating the fare to be charged in each
area.
(j ) Refusal to pay fare. It shall be unlawful
for any person to refuse to pay the legal
fare of any taxicab after having hired the
same, and it shall be unlawful for any person
to hire any taxicab with intent to defraud
the person from whom it is hired of the value
of such service.
SECTION 4 LICENSE
(a) Required. It shall be unlawful for any
person to keep, use or operate on any street
within the city any taxicab, unless a written
license for such taxicab shall have first
been obtained from the city secretary by the
person owning or controlling such taxicab,
and unless such license shall be in effect at
such time.
(b) Application. Any person who shall desire to
operate a taxicab within the city shall file
a written application for a license therefor
with the city secretary. Such application
shall contain the following information:
1%. The name, address and age of the owner or
operator of the vehicle to be used,
2. The make, type, age and capacity of such
vehicle,
3. Such other information as the city
secretary may require.
(c) Consideration of application. Upon receipt
of an application for a license required by
the provisions of this article, the city
secretary shall , after examining said
application, make an investigation to
determine whether the issuance of a license
to operate a taxicab will be dangerous to the
health, safety and welfare of the city, and
the city secretary shall give due weight and
consideration to, among other things:
1 . The type vehicle proposed to be operated.
2. The age and mechanical condition of the
vehicle.
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(d) Issuance or denial . If the city secretary
shall determine that the operation of a
taxicab as shown in the application for a
license required by this article will not be
dangerous to the health, safety and welfare
of the city, he shall issue a license to the
applicant, upon the payment of the street
rental charge as provided herein. If the
city secretary determines that the operation
of such vehicle is or will be dangerous to
the health, safety and welfare of the city,
he shall refuse said application and shall
not issue a license to the applicant.
(e) Street rental charge. Each owner or operator
of a vehicle used as a taxicab within the
city shall pay to the city a street rental
change in the amount set forth in the fee
schedule ordinance of the city per year for
each vehicle so operated. Said street rental
charge shall be paid annually in advance and
shall cover the period ending at 12: 00
o' clock midnight of December 31 following
payment of same.
(f ) Register. The city secretary shall keep a
careful and accurate list or register of all
licenses issued under the provisions of this
article, including the number of each license
and the name of the person to whom such
license was issued.
(g) Duration. All licenses issued under the
provisions of this article shall authorize
the operation of the vehicle described in the
application for a period ending at 12: 00
o' clock. midnight December 31 , following the
date of issuance, unless sooner revoked,
suspended or cancelled.
(h) Suspension, revocation or cancellation. Any
license issued under the provisions of this
article may be suspended, revoked or
cancelled for the violation by the licensee
of any applicable provision of this code,
state law or city ordinance, rule or
regulation.
(i ) Identification of vehicle. It shall be the
duty of every person holding a license issued
under the provisions of this article to place
on his vehicle used as a taxicab in vertical
block letters three (3) inches high and
three-quarters (3/4) inch thick, in a color
contrasting to the color of said vehicle,
below the back window of each vehicle, if
any, in unobstructed view, the words; "Taxi
License No. . " filling the blank with the
figure being the serial number of the license
for that particular car issued by the city
'secretary.
SECTION 5' LIABILITY INSURANCE
•
(a) Required; approval ; etc. Before any license
shall be issued under article II of this
chapter to any owner of a taxicab, or before
any renewal of such a license shall be
granted, the owner shall file with the city
secretary, and thereafter keep in full -Force
and effect, a policy of public liability
insurance approved by the city manager and
executed by an issuance company duly
authorized to do business in the state, and
performable in this county, insuring the
public against any loss or damage that may
result to any person or property from the
operation of the taxicab covered or to be
covered by such license.
(b) Minimum amount of coverage. The minimum
amount of recovery in a policy of insurance
required by this article shall not be less
than the following sums, to wit:
1 . For the injury of death of any one person
in any one accident,
2. For total liability in any one accident
or personal injuries or death
3. For injury or destruction of property in
any one accident
The minimum amount of insurance liability
shall never be less than the amount
established by the statutes of the state
under the Texas Safety Responsibility Act
or amendments thereto. (State law reference
amount of insurance required by Safety
Responsibility Act, Vernon' s Ann. Civ. St .
art. 6701h, sec. 5)
(c) Persons protected. The above public
liability insurance required by this article
shall be for the protection of the passengers_
of the insured taxicab and for the public,
but shall not cover personal injuries
sustained by the servants, agents or
employees of the person filing the insurance.
(d) Provision for continuing liability. All
policies of public liability insurance
required by this article shall contain a
provision for a continuing liability thereon
up to the full amount thereof ,
notwithstanding any recovery thereon.
(e) Increasing amount upon return of execution
unsatisfied. In the event of the return
unsatisfied of any execution issued on any
final judgment rendered against any taxicab
owner in any suit for damages on accident of
injury to person or property occasioned by
the operation of any taxicab, such owner ,
within ten ( 10) days after the return of such
execution unsatisfied, provided the judgment
is still unpaid, shall increase the amount of
his insurance by the amount of such judgment ,
and failing to do so shall forthwith cease
the operation of taxicabs in the city until
such additional insurance is deposited or
such judgment is paid.
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(f ) Cancellation. In he event that any insurer
desires to be released from any insurance
filed under this article, it may give written
notice of such desire to the inspector of
taxicabs at least thirty (30) days before it
desires its liability released, and the
inspector of taxicabs shall thereupon give
written notice, by personal delivery or by
mail , to the insured and demand that he
furnish new assurance by the expiration of
the thirty (30) day period above provided
for, and shall discharge such first insurer
from any liability which shall accrue after
the time of approval of such new policy, or
shall discharge such first insurer after the
expiration of such thirty (30) day period.
In the event any policy is so cancelled upon
the request of the insurer, and no new
insurance policy is filed before the
cancellation of the original insurance, the
license to operate taxicabs granted to the
insured shall be automatically revoked.
(g) City not liable for solvency of insurer ;
owner' s liability not affected; suits on
policy. Neither the city nor any officer
thereof shall be held liable for the
pecuniary responsibility or solvency of any
insurer under the provisions of this article,
or in any manner become liable for any sum on
account of such claim or act or omission
relating to the insured vehicle, no shall the
liability of the owner of any such vehicle be
in any manner limited or changed by reason
of the provisions of this article, but the
judgment creditors having causes of action
secured thereby shall be authorized to sue
dtrectly on such policy of insurance without
impleading the city, and all persons known to
any insurer to have been injured or damaged
in the same accident and claiming damages
thereunder may be made parties without
priority of claim on payment in any suit had
or instituted on account of such matters'
SECTION 6. DRIVERS
DIVISION 1 GENERALLY
(a) Appearance. It shall be the responsibility
of
every person operating a taxicab business or
service in the city to require the drivers in
his employ to be neat and clean in appearance
while on duty.
(b) Solicitation of business. No driver of a
taxicab shall solicit patronage in a loud or
annoying tone of voice or in any manner annoy
any person or obstruct the movement of any
person or follow any person for the purpose
of soliciting patronage.
(c) State chauffeur' s license required. It shall
be unlawful for any person to drive a taxicab
within the city unless he is a duly licensed
chauffeur under state law.
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DIVISION 2 PERMIT
(a) Required. No person shall drive a taxicab
within the city unless such person shall
first obtain a permit therefor from the city.
(b) Application. Any person who shall desire a
permit required by the provisions of this
division shall file with the city secretary
his sworn application upon a form to be
prescribed by the city secretary stating
applicant' s:
1 . Name.
2. Age
3. Present address.
4. Address or addresses and place or places
of employment for the past two (2)
years.
5. Reason for leaving place or places of
employment.
6. Police record, if any, together with list
of time and place of felony convictions'
(c) Fees. Every application for a permit
required by the provisions of this section
shall be accompanied by a payment of fees
established in the fee ordinance of the City
of Wylie.
(d) Examination by Chief of Police. After
receiving an application for a permit
required by the provisions of this division,
the city secretary shall deliver such
application to the chief of police. The
chief of police shall then:
1 . Examine said application.
2. Take and keep a record of the fingerprint
of said applicant, and no permit shall
be issued until applicant complies with
this requirement.
3. Require a personal demonstration by the
applicant that he is able safely to
operate a taxicab with in the city. In
this connection, the chief of police, if
he deems it necessary, may require that
applicant furnish a certificate from a
reputable optometrist or occulist ,
stating from any examination within the
past six (6) months the condition of
applicant' s vision.
The chief of police shall then report and
recommend to the city secretary that the
application be granted or rejected.
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(e) Issuance or denial . After receiving the
report and recommendation of the chief of
police, the city secretary, if satisfied that
the applicant is able to operate a taxicab
within the city without danger to the health,
safety or welfare of the city, shall issue a
permit therefor to said applicant. If not
satisfied that applicant can operate such a
taxicab without danger to the health, safety
and welfare of the city, then said
application shall be refused.
(f ) Duration. All permits issued under the
provisions of this division shall be valid
for a period of one year from date of
issuance and shall not be transferable, but
it shall be lawful for the holder of a permit
to use the same permit in the event of a
change of employment from one operator or
owner to another.
(g) Renewal . Every permit issued under the
provisions of this division may be renewed by
the holder thereof upon proper application
therefor to the city secretary and the
payment of the prescribed fee.
(h) Register. The city secretary shall keep a
careful and accurate list or register of all
permits issued under the provisions of this
division, including the name and address of
the person to whom such permit was issued.
(i ) Display. Every person to whom a permit is
issued under the provisions of this division
sball keep such permit affixed and
prominently displayed in the passenger
section of the taxicab driven by such
permitee.
(j ) Suspension, revocation or cancellation.
Every permit issued under the provisions of
this division may be suspended, revoked or
cancelled for the violation by the permitee
of any applicable provision of this code,
state law or city ordinance, rule or
regulation.
SECTION 7
(a) Publication Clause. The caption of this
ordinance shall be published one time in a
newspaper of general circulation.
(b) Severability Clause. All ordinance or parts
of the ordinance in conflict herewith are
specifically repealed and are superceded by
this ordinance. All other parts of such
ordinances are not repealed.
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It is hereby declared to be the intention of
the City Council that the sections,
paragraphs, sentences, clauses, and phrases
of this ordinance are severable and if any
phrase, clause, sentence or section of this
ordinance shall be declared unconstitutional
or invalid by any judgment or decree of a
court of competent jurisdiction, such
unconstitutionality or invalidity shall not
affect any other remaining phrase, clause,
sentence paragraph or section of this
ordinance; and the City Council hereby
declares it would have passed the remaining
portions even though it had known the
affected parts would be held
unconstitutional .
(c) Penalty Clause. Any person firm or
corporation who shall violate any of the
provisions of this ordinance shall , upon
conviction thereof , be deemed guilty of a
misdemeanor and assessed a fine not to exceed
the amount permitted by state law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, THIS THE DAY OF
, 1985.
'
' John W. Akin, Mayor
ATTEST
Carolyn Jones, City Secretary
"� �
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 78-18 REGULATING THE USE
OF PARK & RECREATION FACILITIES ; SPECIFICALLY AMENDING
ARTICLE I , SECTION 6 ; AND PROVIDING FOR AN EFFECTIVE DATE
AND PROVIDING FOR PUBLICATION OF THE CAPTION .
ARTICLE I - CITY PARKS AND RECREATION FACILITIES
SECTION 6. USE OF INTOXICATING BEVERAGES shall
read :
It shall be unlawful for any person to sell , give
away , or drink any beer or intoxicating liquor of
any kind or nature or to use any glass containers
of any kind whatsoever within the community parks
of the City of Wylie .
EFFECTIVE DATE: This ordinance shall become effective upon
passage and approved by the City Council of the
City of Wylie , a Home Rule Political Subdivision
of the State of Texas.
PASSED AND APPROVED THIS THE DAY OF 1985 .
John W. Akin , Mayor
ATTEST:
Carolyn Jones , City Secretary
�J�
ORDINANCE NO.
SPEED ZONE ORDINANCE
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION
169( b) OF ARTICLE 6701 d , VERNON ' S TEXAS CIVIL STATUTES ,
UPON FM HIGHWAY NO . 3412 (WEST BROWN STREET) OR PARTS
THEREOF , WITHIN THE INCORPORATED LIMITS OF THE CITY OF
WYLIE , AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY
OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS
ORDINANCE.
WHEREAS , Section 169( b) of Article 6701 d , Vernon ' s Texas
Civil Statutes , provides that whenever the governing body of
the City shall determine upon the basis of an engineering
and traffic investigation that any prima facie speed therein
set forth is greater or less than is reasonable or safe
under the conditions found to exist at any intersection or
other place or upon any part of a street or highway within
the City , taking into consideration the width and condition
of the pavement and other circumstances on such portion of
said street or highway , as well as the usual traffic
thereon , said governing body may determine and declare a
reasonable and safe prima facie speed limit thereat or
thereon by giving notice thereof are erected at such
intersection or other place or part of the street or
highway ; now ,
THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE , TEXAS :
SECTION 1 .
Upon the basis of an engineering and traffic investigation
heretofore made as authorized by the provisions of Section
169( b) of Article 6701 d , Vernon ' s Civil Statutes , the
following prima facie speed limits hereafter indicated for
vehicles are hereby determined and declared to be reasonable
and safe ; and such speed limits are hereby fixed at the rate
of speed indicated for vehicles traveling upon the named
streets and highways , or parts thereof , described as
follows :
A . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE , TEXAS :
1 . That from and after the date of the passage
of this speed zone ordinance , no motor
vehicle shall be operated along and upon F'•i
Highway No . 3412 (W . Brown Street ) within the
corporate limits of the City of Wylie in
excess of the speeds now set forth in the
following limits :
(a) Beginning at said point ( Station 431+00)
being at the intersection with FM 137
thence continuing in an Easterly
direction along FM 3412 for a distance
of 1 .039 mile , at a maximum speed of 55
MILES PER HOUR ;
( b) Thence continuing in an Easterly
direction along FM 3412 for a distance
of 0 .400 miles at a maximum speed of 40
MILES PER HOUR AND
*SCHOOL SPEED LIMIT OF 25 MILES PER HOUR
WHEN SO SIGNED FOR FM 3412 ( BROWN
STREET) EASTBOUND AND FM 3412 WESTBOUND
(BROWN STREET)
25 M. P .H . from station 496+00 to station
502+00 a distance of 600 ft .
(c) Thence continuing along FM 3412 in an
Easterly and Southerly direction for a
distance of 0 . 699 miles , approximately ,
said point ( (Station 543+90) being at
the intersection with SH 78 , a maximum
speed of 30 MILES PER HOUR .
SECTION 2 .
The Myor of the City of Wylie is hereby authorized to cause
to be erected , appropriate signs indicating such speed zone .
SECTION 3 .
Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined in any sum not to exceed Two Hundred
Dollars ($200 .00) .
PASSED AND APPROVED THIS THE DAY OF , A . D . ,
1985
John W . Akin , ^1yor
City of Wylie , Texas
ATTEST :
Carolyn Jones , City Secretary
City of Wylie , Texas
APPROVED AS TO LEGAL FORM:
Lawrence Jackson , City Attorney
City of Wylie , Texas
APPROVED :
Gus H . Pappas , City Manager
City of Wylie , Texas
I City Secretary of the City of Wylie ,
Texas , hereby certify that the above and forgoing is a true
and correct copy of Ordinance No . , adopted by the City
Council of the City of Wylie , Texas on
A . D . , 1985 .
To certify which , witness my hand and seal of office this
day of , A . D . , 1985 .
Carolyn Jones , City Secretary
City of Wylie , Texas
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Pl. ROUTING SHEET
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"I. 11'I.I`, : COLOR I N 1"' . A i.
1 . Sec . to CM N/A
2 . City Secretary Blue
3 . Direc: t.or oti P_ubl. i.c Works Green ,71//P/ -
44,*,1 f/7A07
4 . f i. rc ?'arshraI l Red4,11_,PZfr6
5 . Code ;tl ! orcement Purple C 8 " 8- S.(
6 . City Manager Orange
Were two separate copies deliver d tithe cite envjaeer
for his review and comment ?
Subsequent action :
Plat /plans returned to engineer for corrections
Plat/ plans placed on agenda for P Z
1' I .It - p1 :111 placed on as;0nda for Co I:nrt ': _
ACTION i(l 1. i '1'Y i;; l) I .;;;i:it .
flat / plans returned to city hall fur return t •.
cn ineer/developer _
Plat/ plans returned to City Hall as approved for
further action
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