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12-11-1984 (City Council) Agenda Packet � a /.6 r AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, DECEMBER 11 , 1984 7 :00 P.M. CITY HALL CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-13 Consider approval of minutes . PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 2 14-17 Consider approval of annexation ordinance on 48. 816 acres out of Allen Atterbury Survey , Abstract No . 23 . Located on S. Ballard St . adjacent to the new water tower . 3 18-21 PUBLIC HEARING - Conduct public hearing on zoning petition for 48. 816 acres out of Allen Atterbury Survey , Abstract 23. Located on S . Ballard St . adjacent to new water tower . (South Place Addn. ) No vote required . 4 22-25 Consider approval of zoning ordinance for 48. 816 acres out of Allen Atterbury Survey , Abstract 23. Located on S . Ballard St . adjacent to new water tower. (South Place Addn. ) 5 26-29 Consider approval of annexation ordinance for 0. 146 acres out of E. C. Davidson Survey , Abstract No . 266 . Located on FM 544 just west of SH 78. 6 30-31 PUBLIC HEARING - Conduct public hearing on zoning request for 0. 146 acres out of E. C. Davidson Survey , Abstract No . 266 . Located on FM 544 just west of SH 78 . No vote required . 7 32-35 Consider approval of zoning ordinance for 0 . 146 acres out of E. C. Davidson Survey , Abstract No . 266 . Located on FM 544 west of SH 78. 8 36-37 PUBLIC HEARING - Conduct second/final public hearing on annexation of 35 . 7 acres out of Duke Strickland Survey , Abstract No . 841 located on SH 78 south of Roddy & Assoc . (No vote required) . 1 9 38-39 PUBLIC HEARING - Conduct second/final public hearing on annexation of 2 acres out of Wm. Sachse Survey , Abstract No. 835 - Part of Steel Industrial Park . No vote required . 10 40-41 PUBLIC HEARING - Conduct second/final public hearing on annexation of 0 . 996 acres out of Wm. Sachse Survey , Abstract 835 . Adjacent to Steel Industrial Park . No vote required . NEW BUSINESS 11 42-45 Consider acceptance of utility easement from L.B. /Wylie Properties . 12 45a-45e Consider approval of contract to lease city landfill . 13 separate Consider award of bid for cover police car . PURCHASE/PAYMENT/FINANCIAL STATEMENTS 14 46-47 Consider approval of bills paid/accounts payable . ADMINISTRATIVE REPORTS 15 48-59 Departmental Reports . GENERAL DISCUSSION 16 Citizen Participation . 17 General Council Discussion . 18 ADJOURN 2 n U CITY COUNCIL MEETING MINUTES NOVEMBER 27 , 1984 7 :00 P. M. The Wylie City Council met in regular session on Tuesday , November 27 , 1984 at 7 :00 P . M. in the Council Chambers at City Hall . Mayor Akin presided . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor John Akin , Mayor Pro Tem Don Hughes , Councilmembers Percy Simmons , Cleo Adams , William Martin , Joe Fulgham , City Manager Gus Pappas , City Secretary Carolyn Jones , Code Enforcement Officer Roy Faires , Public Works Director Bill Windham , Truett Smith , Mike Cummings , Fred Ouellette . Mr . D. Volley , and other citizens . APPROVAL OF MINUTES : Councilman Simmons made a motion to approve the minutes as submitted . Seconded by Councilman Martin , all in favor . Mayor Akin recognized Truett Smith, chairman of the Home Rule Charter Committee . Mr . Smith reported the 15 member committee has put together and approved the Charter for the City of Wylie and all members of the committee have signed the original charter . Mr . Smith presented the Charter to the Mayor and Council and requested the Council call for a vote of the people . Mr . Smith also thanked the Mayor and Council for letting him serve on this committee and for the committee the Council put together . Mayor Akin thanked Mr . Smith for all the hours spent in' putting this charter together . PUBLIC HEARING ON THE ANNEXATION OF 35 . 7 ACRES OUT OF THE DUKE STRICKLAND SURVEY, ABSTRACT NO.841 : Councilman Simmons requested to be excused from the table for this item , due to his involvement . Mayor Akin excused Councilman Simmons and opened the public hearing . This property is located off of Highway 78 adjacent to Roddy and Assoc . Real Estate . There being no questins or opposition , the public hearing was closed . PUBLIC HEARING ON THE ANNEXATION OF 2 ACRES OUT OF THE WILLIAM SACHSE SURVEY , ABSTRACT NO. 835 : This property is located on West FM 544 . Mayor Akin opened the public hearing . There being no questions or opposition , the public hearing was closed . • PUBLIC HEARING ON THE ANNEXATION OF 0 . 996 ACRES OUT OF WILLIAI SACHSE SURVEY , ABSTRACT NO. 835 : This property is located adjacent to Steel Industrial Park . Mayor Akin opened the public hearing . There being no questions or opposition , the public hearing was closed . PUBLIC HEARING ON TIIE ZONING OF EAST RIDGE ADDITION : This property is located on Old Highway 78 just across from Eubanks Road . Mayor Akin opened the public hearing . City Manager Gus Pappas said the developer had requested the frontage on Old Highway 78 to be zoned retail , second section 2F ( Duplexes ) , third section Single Family 2 ( SF-2 ) . There being no questions or opposition to this zoning the public hearing was closed and the item returned to the Council `fable . APPROVAL OF ZONING ORDINANCE ZONING EAST RIDGE : Councilman Simmons has some concern about having to much zoning for 2F ( duplexes) . Councilman Simmons would like to see this area he zoned Single Family 1 (SF 1 ) , which would keep the zoning the same as adjoining properties . Councilman Fulgham said this has been discussed in several Planning and Zoning meetings of how to keep from having too much of the same zonings in one subdivision . Councilman Simmons said Council has zoned over 200 lots for 2F (duplexes) , and would like to see more single family homes being built . Mr . Holley said with this plat there is 52 2F lots and 57 SF 2 lots . Motion was made by Councilman Simmons to deny zoning for East Ridge . Seconded by Councilman Martin . All in favor . ACCEPTANCE OF DRAINAGE EASEMENT FROM WYLIE CAPITAL CORP . ON CREEK BEND INDUSTRIAL PARK : Mayor Akin asked the Code Enforcement Officer if all corrections to the drainage had been completed . Mr . Faires said he was at the site late this afternoon and everything had been completed . Motion was made by Councilman Fulgham to accept drainage . Seconded by Councilman Adams . All in favor . Mayor Akin recognized City Manager Gus Pappas . City Manager wanted to take a few minutes to recognize two of the office staff for the work being done . The two employees are Barbara LeCocq and Carolyn Jones . Barbara was recognized for her work on the Charter and other items plus the task of learning the computer without training courses . Barbara has learned to use the program WORD to its fullest degree . Barbara has also done a great job as his secretary in 10 • dealing with some of the people the City Manager was not able to talk with due to his being in a meeting at the time . Carolyn has been excellent as an assistant to the City Manager and in helping him in any way possible . Carolyn was a major contributor on last years financial program . Carolyn has also sent to the various State Offices all the annexations and zonings done by the City for the past several years . This is something that is to be done but somewhere in the past was never done and as of this date it has been caught up . Thank you Mayor Akin for giving me this time , from time to time I will bring employees before the Council for recognition for the work being done . ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR WYNDIIAM ESTATES : This property is located east of Highway 78 and north of Old Highway 78 . Code Enforcement Officer made the recommendation to Council to accept the public improvements for Wyndham Estates . Motion was made by Councilman Adams to accept the public improvements . Councilman Simmons asked about the two lots belonging to Mr . Potter and Mr . Neilson . These lots were to have the water line extended to them at the time other lines were being installed in phase one . Mike Cummings said the waterline is being put in by Harold Spence and would be completed as soon as possible . Councilman Simmons rescinded the motion by Councilman Adams with the following motion . Motion was made to accept the public improvements for Wyndham with stipulation that no certificate of occupancy be issued until water lines are installed for the two properties in the industrial portion of this subdivision . Seconded by Councilman Fulgham , all in favor . AUTHORIZATION TO ADVERTISE FOR BIDS FOR STREET CRACK SEALER Motion was made to table this item until a later date by Councilman Martin . Seconded by Councilman Fulgham , all in favor . AUTHORIZATION TO ADVERTISE FOR BIDS ON BULK PVC PIPE : City Manager reported there is a considerable amount of water lines to be laid by the city for the two ground storage tanks that are in the process of being installed . Therefore there is a need for this pipe . Bid request will go out for a certain amount of pipe but with a delivery as needed . Motion was made by Councilman Adams to grant authorization 11 to advertise for bids . Seconded by Councilman Martin , all in favor . N APPROVAL OF ORDINANCE CALLING maReCIyYCELECTIOOanTOaVOunrtito sign ordinance calling E ON HO°IE RULE CNIARTER: Nlotionfo� S city election . Seconded by Councilman Admas , all in favor . A dopy of the letter signed by all Councilmembers ising made a part of these minutes . This letter is in regards the Home Rule Charter . RE—AWARD OF BID ON TWO WATER dGROUND wardORAGE was aed to TANKS : For f those who are not aware , the Oklahoma , but this firm has filed for bankruptcy . Peabody ed r Textank and A . 0 . Smith were the willhebebadlargerltankfputtin ground storage tanks . There planned . The Steel Industrial Park than what was originally he cost of the small tank which is for 131 , 6005ga00 gallos willbe $40, 150 . 00 , the large tank which is for 917 , ill be $152 , 445 . 00. These prices are from the Peabody Textank Company and is the bid sCounff cilcthatndthese tankss to lare being . Mayor Akin wanted to remind the paid for by Impact Fees . Motion was made byCouncilman Seconded by Simmons to award bid to Peabody Textank . Councilman Fulgham, all in favor . CITIZEN: PARTICIPATION : Mr . Freed Ortuellettee agendawanteetsnted toothank the city staff and council public to use . Mr . Ouellette voiced a concern on thS aorme Rule Chartertand what the concernedadvantages theand 2Fldevelopements on Mr . Ouellette alsoThere does not appear to be Stone Road and Birmingham. Gus Pappas said the enough parking spaces . City Manager City has sent a surveyor to this property and there is enough parking in accordance with the city ordinance . to Safety Mark in Tyler sent two representi�'es to the ci citty y to set up a demostration for a street sweeper . il requested they set up a meeting with the Public Works Director Mr . Bill Windham. Mr . Fred Ouellette wanted to know if the equipment talked about in the council meeting tonight was in the budget . City Manager Gus Pappas said the money was there , it would need to be moved around . _UuNCIL DISCUSSION : Councilman Fultham would like to see the Council have a projected planning schedule for the City . The future of the City needs to be p1 r�ned and m the use of a projected land use. This should tBptigngutlyb$ joint meeting of Council and Planning and Zoning . Councilman Martin wanted to know if the plans for the future would allow at time of annexing land a detail of the use of said land . City Manager Gus Pappas said the law implies that you do not pre-approved zoning . You do not zone until the property has been annexed . Mayor Akin reminded everyone of the Tree Lighting would be on Thursday , November 29th at 7 :00 P. M. and the Christmas Parade will be December 1st at 2 : oo P . M. The City Christmas Dinner will be December 10th at 7 : 00 P . M. at Chapman ' s Rest . On December 10th , Chief Abbott and myself will be delivering a plaque in memory of Johnny Bridgefarmer to his family , also on the same day , flowers will be placed on Johnnys grave . Motion was made by Councilman Fulgham to adjourn . Seconded by Councilman Martin , all in favor . John W. Akin , Mayor ATTEST Carolyn Jones , City Secretary Carolyn Jones , City Secretary 113 CALLED CITY COUNCIL MEETING MINUTES DECEMBER 3 , 1984 5: 15 P. M. The Wylie City Council met in a called session on Monday , December 3 , 1984 at 5 : 15 P . M. in the Council Chambers at City Hall . Mayor John Akin presided . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those in attendance were Mayor John Akin , Mayor Pro Tem Don Hughes , Councilmembers Percy Simmons , Joe Fulgham, City Manager Gus Pappas , City Secretary Carolyn Jones , and Public Works Director Bill Windham . Those absent were Concilmembers Cleo Adams , and William Martin . Mayor Akin called the meeting to order and stated the purpose of the meeting was to grant authorization to advertise for bids for a backhoe . The City is in need of another backhoe as one of the two backhoes owned by the City is not repairable . Motion was made by Councilman Simmons to grant staff authorization to advertise for bids for a backhoe . Seconded by Mayor Pro Tem Hughes . All in favor . Motion was made to adjourn by Councilmember Simmons . Seconded by Councilmember Fulgham . All in favor . JOHN W. AKIN , MAYOR ATTEST Carolyn Jones , City Secretary HOME RULE CHARTER COMMITTEE MINUTES NOVEMBER 17, 1984 9: 00 A.M. The Home Rule Charter Committee of the City of Wylie met in a called meeting on Saturday, November 17, 1984 at 9: 00 A. M. Those present were Chairman Truett Smith, Jerry Davis, James Blakey, Carol Barry, Judy Trimble, John Seeley, Ferry Robinson, Ray Mullins, Roy Randolph and Dennis Kauffman, City Manager Gus Pappas, City Secretary Carolyn Jones. The following were not present, Richard Sewell , Jayne Chapman , Dwayne Boyd, Joe George and Carey Gooch. Chairman Smith called the meeting to order and requested City Manager Gus Pappas to give a time schedule for after the Charter has been signed and submitted to the City Council . City Council will then vote to call an election for said charter. City staff will then mail out a copy of the charter to each registered voter of Wylie. If the committee has submitted the charter to the Council by November 27, 1984 then the election will be held on January 19, 1984. Chairman Smith said there would be another meeting called to vote on and sign the original copy which would move the Charter forward. Chairman Smith wanted to know if there were any additional corrections or additions to the Charter before it was returned to the City staff for final draft. There being no additions or corrections, Chairman Smith set the next meeting date for November 27, 1984 at 6: 00 F. M. Chairman Smith thanked everyone for helping and for taking the time to study and plan this document. There being no further questions or order of business for the charter, the meeting was adjourned. 7 HOME RULE CHARTER COMMITTEE MINUTES NOVEMBER 27, 1984 6: 00 P. M. The Home Rule Charter Committee of the City of Wylie met in a called meeting on Tuesday, November 27, 1984 at 6: 00 P. M. . Those present were Chairman Truett Smith, Jerry Davis, James Blakey, Carol Berry, Richard Sewell , John Seeley, Jayne Chapman, Perry Robinson, Ray Mullins, Joe George, Dewayne Boyd, Carey Gooch, Roy Randolph, and Dennis Kauffman, City Manager Gus Pappas, City Secretary Carolyn Jones. Judy Trimble was not present . Chairman Smith called the meeting to order and stated that all corrections have been made plus the City Attorney has added Article XII PROCEDURE OF CHARTER ELECTION. After formal action tonight by this committee, there will be no corrections or additions made to the charter by Council or anyone. Chairman Smith informed the committee that shortly after this meeting he would be attending the City Council meeting and would present the charter to the Mayor and Council and request the Council to call for an election . Chairman Smith stated that if there were changes recommended to the Council for changing the charter it will have to have a vote of the people again. Chairman Smith asked if there were any questions and there were none. Chairman Smith called for a vote of the committee for- the final draft of the charter. Motion was made by Jerry Davis to aprove final draft and make presentation of the charter to the City Council . Seconded by Dewayne Boyd. A]. 1 in favor. Chairman Smith thanked each member of the committee for the long hours spent in reading and studying the charter . Also thanked them for the work as a committee in putting the charter together. There being no further business, the meeting was adjourned. 4 MINUTES ZONING BOARD OF ADJUSTMENTS CITY OF WYLIE, TEXAS THURSDAY, NOVEMBER 1 , 1984 The Zoning Board of Adjustments met in regular session on Thursday , November 1 , 1984 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 . Members present were Brian Chaney , Gary Ludwig , Art Harris , Anna Starnes and John Hamilton . Representing the city staff were Gus Pappas , City Manager , Roy Faires , C. E . O. , Secretary Barbara LeCocq and Permit Clerk Maureen Dunlop . In the absence of the Chairman , Richard Hampton , Gus Pappas , City Manager called the meeting to order and called for the first order of business to select a Vice-Chairman to preside at the meeting . Nominations were opened . Art Harris nominated Anna Starnes , Anna Starnes nominated Art Harris . Nominations were closed . Mrs . Starnes declined the nomination . Art Harris was elected Vice-Chairman unanimously . • Vice-chairman Harris introduced all the members and asked if all were familiar with the duties and responsibilities of the Zoning Board of Adjustments . C . E. O. Roy Faires was introduced who then described the violation as that of encroachment of the required set-back . ITEM NO. 1 - CONSIDER APPROVAL OF 18" SET-BACK VARIANCE ON LOT 5 , RAILROAD INDUSTRIAL PARK - This is an 18" encroachment of the set-back requirement and as a result a certificate of occupancy was refused by the Code Enforcement Officer . Mr . Don Kreymer , property owner and builder has petitioned this board for a variance . In order to be in compliance with the ordinance , the builder would have to remove a portion of the structure . Brian Chaney asked if this was the garage portion of the building . Answer - yes . The builder , Mr . Kreymer said the violation occurs on the corner of the building on the cul-de-sac . The building is completed and does not encroach on the property adjacent but only on the required set-back . Mr . Faires noted that only one corner was in violation and that all inspections had been green-tagged . The building plans indicated the correct set-back . Gus Pappas stated that it is the responsibility of the staff to enforce the ordinances.. The essence of the Zoning Board of Adjustments is to view each violation on it ' s own merits . The staff does not have the authority to grant variances but must have an official decision by the Zoning Board of Adjustments . • Irian Chaney asked if letters were sent to adjacent property owners . Five letters were sent , two returned , both in favor of granting the request for variance. Anna Starnes asked if this would be a major project to bring this building into compliance . Mr . Kreymer answered that it would be because it is a loadbearing wall . John Hamilton asked if this builder had any more buildings to be built in this subdivision . Mr . Kreymer answered no , this is the last one and that all other buildings had met specifications . After much discussion , John Hamilton made a motion to grant approval of the variance as requested - 18" set-back . Anna Starnes seconded the motion . Motion carried 5-0. Art Harris , Vice-Chairman • /0 1 MINUTES PLANNING & ZONING COMMISSION CITY OF WYLIE, TEXAS THURSDAY , NOVEMBER 29 , 1984 The Planning & Zoning Commission for the city of Wylie , Texas met in regular session on Thursday , November 29 , 1984 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 at 8 : 20 P . M . by Chairman , Randy Gaston . Commission members present were Kent Crane , Harold Spence , Ken Mauk and Chairman Gaston . Absent were Bryant Barry , Nancy Conkle and Sarah Connelly . Representing the city staff were Gus Pappas , City Manager , Roy Faires , C . E . O. and Barbara LeCocq , Secretary . ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES - Chairman Gaston asked if there were any questions , additions or corrections to the minutes . There being none , Harold Spence made a motion , seconded by Kent Crane to approve the minutes as submitted . Motion carried 4-0 . Chairman Gaston said that before moving to item no . 2 he would like for City Manager Pappas to explain the item that the Planning & Zoning had passed , namely the zoning request for East Ridge Addition , which was later denied by the City Council . Mr . Pappas explained that the Council felt that they had no objection to the retail designation requested but did desire to have more single family housing in that area . They had the feeling that 2F ( duplex ) housing in that area was inappropriate . City Manager Pappas stated that the council was of the opinion that it was becoming increasingly important that a joint effort between the council and the planning and zoning commission produce a proposed land use plan in order to give guidance to developers , the staff and the review boards involved . ITEM NO. 2 - CONDUCT PUBLIC HEARING ON TIIE ZONING OF SOUTH PLACE ADDITION - This tract of land consists of 48 . 816 acres out of the Allen Atterbury Survey , Abstract 23 located on South Ballard Street adjacent to the new water tower and across Ballard from West Wind Meadows Addition . Chairman Gaston asked Gus Pappas to explain the zoning requested . There are three zoning designations requested ; SF-2 , B-1 and B-2 . Chairman Gaston noted there had been six letters mailed to property owners within 200 feet of the property as required by law with one letter of opposition returned . The public hearing was opened by Chairman Gaston . Rod Cooper of 302 Stoneybrook stated that he was opposed to the retail designation on the corner adjacent to the middle school property . His concern was that a convenience store might be put in that area creating a traffic problem and offering an undesireable temptation to the school children . He had no objection to the residential designation . Gus Pappas explained what was allowable in the commercial designations , retail , B-1 and B-2 . He explained that a convenience store was not allowable in a retail designation . In response to the opposition , Mr. J. Frank Polma , P . E . , one of the partners in the South Place Addition , explained the intended use of the business designations . lie stated that they had envisioned shops such as a garden shop and perhaps professional offices in the area fronting on Ballard . In the 9 acre tract they had planned for a small shopping center . There being no further discussion , the public hearing was closed and the item returned to the table for discussion . Chairman Gaston stated that he felt there were some things which they needed to consider such as the requested SF-2 designation surrounded on three sides by SF- 1 zoning . Kent Crane said he would have a problem with a convenience store located near the school . Other than that he had no real objections . There was a great deal of discussion concerning the request for SF-2 housing in the middle of SF- 1 zoning . Also discussion of retail versus business . The developers said they would have no objection to changing their business request to retail . The consensus of the board was that for the protection of the property already zoned SF-1 in the area , this residential area should also be designated SF-1 . After much discussion , Kent Crane made a motion to recommend to the city council SF- 1 zoning in the area designated for residential and the remainder of the tract be zoned retail . Ken Mauk seconded the motion . Motion carried 3-1 . ITEM NO. 3 - CONDUCT PUBLIC HEARING ON ZONING OF 0. 146 ACRES ON FM 544 - This tract of land is out of the E. C. Davidson Survey , and is located on FM-544 just west of the intersection of FM-544 and SH 78. The zoning requested is industrial . Chairman Gaston asked City Manager Pappas for comments from the staff . Mr . Pappas stated that the property is surrounded by industrial and the request is compatible and logical . The public hearing was opened by Chairman Gaston . There being no comment from the floor , the public hearing was closed and the item returned to the table for discussion . There being no discussion , a motion was made by Harold Spence and seconded by Ken Mauk to recommend to the city council of Wylie approval of the industrial zoning request for 0 . 146 acres out of the E. C. Davidson Survey , petitioner Jim McKnight . Motion carried 4-0. ITEM NO. 4 - CONDUCT WORKSHOP ON PROPOSED ZONING ORDINANCE Chairman Gaston asked if there was a desire on the part of the commission to postpone the workshop session until the /o? • next regular meeting due to the fact that there were three members absent . All agreed . Workshop will be rescheduled for the next regular meeting. There being no further business, a motion was made by Ken Mauk and seconded by Harold Spence to adjourn the meeting . All in favor . Randy Gaston, Chairman • ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE Allen Atterherry SURVEY, ABSTRACT NO. 23 UPON PETITION OF Garry Roddy WHEREAS, Garry Roddy has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described , which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas , and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows , to-wit: see attached /7 ORDINANCE NO. CONT'D PAGE 2 be received, annexed to, and made part of - and the same is hereby received , annexed to, and made part of - the City of Wylie, Collin County, Texas , subject to all laws , rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 11th DAY OF December , 19 84 JOHN W. AKIN MAYOR ATTEST: Carolyn Jones , City Secretary • /5. SITUATED IN COLLIN COUNTY, TEXAS AND BEING A PORT ION OF A CALLED 31 ACRL 1RACi ii LAV40 ( U: , 1C'- 'T 3:0 ACRES, ABSTRACT NO. 266 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMM.IENCING AT A CONCRETE MONUMENT IN THE NORTH LINE OF F.M. 544 AT STATE SURVEY STATION 469 + 68, 32; THENCE SOUTH 89 DEGREES 36 MINUTES 30 SECONDS WEST, 268. 79 FEET TO THE PLACE OF BEGINNING, AN IRON ROD SET FOR CORNER; THENCE NORTH 3 DEGREES 03 MINUTES EAST, 84. 89 FEET TO AN IRON ROD SET FOR CORNER; • THENCE NORTH 87 DEGREES 58 MINUTES 52 SECONDS WEST, 73.90 FEET TO AN IRON ROD SET FOR CORNER; THENCE SOUTH 3 DEGREES 03 MINUTES WEST, 88 FEET TO AN IRON ROD SET FOR CORNER; THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS EAST, 74.02 FEET TO THE -PLACE-OF.BEGINNING- AND CONTAINING 0. 146 ACRES OF LAND. • SIR I/ 87° 58 52 W 73 O srR 0 146 AC QD 20.4 5. 2 6. 6 12. 9 ONE STORY FRAME cx l f� N C1 M f r1 4,44 1.2 ' 17 y_ )y w ion ♦'2! • • • j • 17 r I r ,) I• I W ---1 � --- u 34+ " �IIYY�� y, -' I I• r• Ir�o.ir�iol I. tlii r •-23 ` . _ �- p WAY •! ♦Ca 9- .• b.a.' ,t`t• .o • i••O 7_5W -11 10 • r• r • • • I ! i d 1 • - -� { f nc r s i 11 •+- ter. �` PIRATE DRIVE �o •CB • • 267 iY- 4. Y A i 0 2 7C 2 7 • �► ' al 1 7 Ild ayy a 'I. • " 1 i •q_` oy a WAY Ibt a• r a .. t .i.o re.- 741-54 •- i a EEE r .. Ca I __ _ tR,ru' I_ yi'�..r 2 - b. ro !. ••Y•D wi.!••rM I �I ��JJJJ J 17 1• I• M A• !0 II l• ll. i I -. '.�..'Ll NJ LEI 'M. -I]. EYBROOK DRIVE •• ��"• r 1 1 •, •.i 11 rl li. Il:• .=• =11,'M M I� , .. 1 1 N (b >111 LIMITS I —i I —— I1 c= 1 I -:Y J - 1 was- -- I - PETITION FOR ZONING THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: Now comes Gary Roddy of the County of Collin and the State of Texas , and represents to the City Council of the said City of Wylie, Texas, that he is the owner or is acting for all of the owners or partnerships or corporations who are owners of the following described tract of land which is within the City Limits of the City of Wylie , in Collin County, Texas , and described as follows: (SEE ATTACHED) PETITION FOR ZONING CONT' D PAGE 2 Said Gary Roddy represents that he and all other owners desire the zoning to be changed from Agricultural to .Bj_ and SF2 _ :_ accordance with the current Zoning Ordinance and making said zoning subject to the appropriate laws , rules , and regul - ations of said City relating to that classification of zoning. Your petitioner, therefore, respectfull prays that the land above described be zoned by the said City of Wylie,.. Texas, as provided by Article 974(g) of the REVISED CITY STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the 12th day of November , 19 84 . ATC , (7)20427' Signatur Gary Roddy Please Print Name P. 0. Box K Address Wylie Texas 75098 City State ZIP 442-3531 Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the nddeeerrsi ned Notary Public on this day personally appeared /JC�� , known to me to be the person whos name i6 ubscribed the foregoing instrument, and acknowledged ledged to me that he executed the same for the purposes and consideration therein expresses : Given Under myhand and seal of office this the /� e day of (-./ 24,W / Z' , 19 4e/ -7 j /7, ) Notar ic, Coll C unty, Texas /9 • South �-"J 738.89' p44 .•• DEED738.89• •`. �� do IC • v • N c d • cr rr) N fWln F•na I I in to a.0 0. 3 48.816 Ac. cNv _ (DEEDS- 48.783 Ac.) co Vol. 284, Pg.93 M • o . a., u co z sM S O° 36' W --,-- 463.16 • u \:i. DEED 461.70' ' E Q S F , j 14, •� �� E ` ! I,• 'fEE M ,N ao b .1/pp J t � oJS r� N N cn / Ff�l • CO rn • 0 • • wW 4 o w , Vol.419, Pg. 105 th N d r r I I 1 0 a Cr) CO cn i N 0°00105"W 50.00' N I. e a' 41. o O.) ? ri rh to "N N 0° 00' 0 5" W c w 30' Estill. a 300.00' 1.0-• N wco c / N .14 I, 1, o� 1) „ .0, MLOB 11 : is.•Q•• � NT.N.W D. 608 -47 , 1 kk 270.____ No�11 h. o •' •• _Ilk_____ • r.'• IT . . DESCRIPTION BEING, a tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin aunty, Texas, and being those tracts as conveyed to J.C. Laughlin, recorded in Volume 419, Page )5, and Volume 422, Page 318, and also part of a 40 acre tract, conveyed to J.C. Laughlin and ;aie Laughlin, recorded in Volume 284, Page 93, Deed Records, Collin County, Texas, and being )re particularly described as follows; BEGINNING, at the point of intersection of the East Line of Old Highway No. 78, wit the )rth Line of said 40 acre tract, Volume 284, Page 93, a 1" iron stake set for corner; THENCE, S. 89° 45' 23" E. , leaving the said .East Line of Old Highway No. 78, a distance of )40.20 feet to a 1" iron stake found for corner; THENCE, South, a distance of 738.89 feet to a 1" iron stake set for corner; THENCE, N.89° 38' 22" W. , a distance of 1348.36. feet to a 1" iron stake found for corner ; THENCE, S. 0° 36' W. , a distance. of. 463. 16 feet to a 1" iron stake found for corner ; THENCE, S. 89° 59' W. , a distance of 986.97 feet to a point on the East Line of Old Highway 78, a 1/2" iron stake found for corner; THENCE, N. 0° 00' 05" W. , along the East Line of Old Highway No. 78, a distance f 3' 9 . 50 !et to a 1" iron stake set for corner; THENCE, S. 89° 32 ' E , leaving the East Line of Old Highway No. 78, a distance .'1 300 .00 !et to a 1" iron stake set for corner; THENCE, N . 0° 00' 05"' W. , a distance of 50.00 feet to a LI" iron stake set for corner , THENCE, S. 89° 32 ' :: , a distance of 300.00 feet to a 1" iron stake set for corner ; THENCE, N. 0° 00' 05" W. , along the East Line of Old Highway No. 78, a distance of 99 . 85 fee. a kl" iron stake set for corner; THENCE, S. 89° 55' 12" E. , leaving the East Line of Old Highway No. 78, a distance of 145 . 2t, !et to a 1/2" iron stake set for corner; U qCE,. N. 0°..0O' OS'n W.,. a,.dlsta ce of 100,40 feet .to a . "..iron. stake found for corner ; THPNC', N. 84° tS 12" v. , a dtstan r1 . 4.4 a1 .ect=-to•_i21/2.N -3ron..•staka- set_ for _corner: THENCE, N. 0° 00' 05" W. , along the East Line of Old Highway No. 78, a distance of 15! . .3 !et to the PLACE OF BEGINNING, and containing. 48.816 acres of land. This description is based the Land Title Survey and Plat made' by bob. 0. Brown, Registered Public Surveyor on December 8. 183. CERTIFICATION Bob 0. Brown, do hereby certify that this 9ur4 ey: wai. made'on the ground, under my direction, 'at this plat correctly represents the facts fauad 'at..the time of survey and that all corners e marked as shown and there are no visible conflicts or encroachments other than shown and that .is service conforms to the current Texas Surveyors Association Standards and Specifications for category 1—A condition III survey. This plat is for the exclusive use of Wylie Title , wherein .ed Kern, grantor conveyed the subject property to Carlo J. Farina, Jr. AND Jan Littlejohn .ind or sign. , grantees and the undersigned surveyor is not responsible to any others. _ /3cn t 0 b O. Brown Registered Public Surveyor No 1744 'CAT IONS UNKNOWN: p • �.. re EASEMENTS h~� . .*:Kr,� one Star Gas Co. , Volume - 273 Page - 176 i ' k )r.as Power & Light Volume - 313 Page - 122 r+OB C BRO.,'i'. 1 1 744 'es 2c �UR�r t ... _.. 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 CLASSIFICATION 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 DOLLARS ($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 Garry Roddy 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 da ORDINANCE NO. CONT'd. Page 2 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 purposes 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 invalid, 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 hereto- fore 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 develop- ment and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas , this llth day of December , 1984 APPROVED: JOHN W. AKIN Mayor ATTEST: Carolyn Jones , City Secretary DESC1t I PTI ON BEING, a tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin snty, Texas, and being those tracts as conveyed to J.C. Laughlin, recorded in Volume 419, Page i, and Volume 422 , Page 318, and also part of a 40 acre tract, conveyed to J.C. Laughlin and sie Laughlin, recorded in Volume 284, Page 93, Deed Records, Collin County, Texas, and being -e particularly described as follows; BEGINNING, at the point of intersection of the East Line of Old Highway No. 78, with the -th Line of said 40 acre tract, Volume 284, Page 93, a 1" iron stake set for corner; THENCE, S. 89° 45' 23" E. , leaving the said East Line of Old Highway No. 78, a distance of 10.20 feet to a 4" iron stake found for corner; THENCE, South, a distance of 738.89 feet to a Li" iron stake set for corner; THENCE, N.89° 38' 22" W. , a distance of 1348.36. feet to a 1" iron stake found for corner; THENCE, S. 0° 36' W. , a distance. of. 463. 16 feet to a 1" iron stake found for corner; THENCE, S. 89° 59' W. , a distance of 986.97 feet to a point on the East Line of Old Highway 78, a 1/2" iron stake found for corner; THENCE, N. 0° 00' 05" W. , along the East Line of Old Highway No. 78, a distance of 399. 50 !t to a 1" iron stake set for corner; THENCE, S. 89° 32 ' E , leaving the East Line of Old Highway No. 78, a distance of 300 .00 t to a 1" iron stake set for corner; THENCE, N. 0° 00' 05' W. , a distance of 50.00 feet to a 4" iron stake set for corner ; THENCE, N. 89° 32' W , , a distance of 300.00 feet to a 1" iron stake set for corner ; THENCE, N. 0° 00' 05" W. , along the East Line of Old Highway No. 78, a distance of 99.85 fee' a 1" iron stake set for corner; THENCE, S. 89° 55' 12" E. , leaving the East Line of Old Highway No. 78, a distance of 145. 20 t to a 1/2" iron stake set for corner; . '13 CE,. N. 0° 00' OS'nki. ,. a�.di.stapee -;.,of ao,,,OO ,feet_ to eV iron stake found for corner ; rHENC , "I. 89° §5'' 12" V. , a distan'e?�e af" t4 2 feet to•_ tltr 4ron7ataka- set for corner; THENCE, N. 0° 00' 05" W. , along the East Line of Old Highway No. 78, a distance of 354 . .3 t to the PLACE OF BEGINNING, and containing 48.816 acres of land. This description is based the Land Title Survey and Plat made by 1ob. O. Brown, Registered Public Surveyor on December 8, 3. CLRTIFICATION Bob 0. Brown, do hereby certify that this' eurtlsy wad made' on the ground, under my direction, t this plat correctly represents the facts feund 'at •the time of survey and that all corners marked as shown and there are no visible conflicts or encroachments other than shown and that s service conforms to the current Texas Surveyors Association Standards and Specifications for ategory 1-A condition III survey. This plat is for the exclusive use of Wylie Title , wherein d Kern, grantor conveyed the subject property to Carlo J. Farina, Jr. AND Jan Littlejohn and or Ign. , grantees and the undersigned surveyor is not responsible to any others. _ /3-C t Q /5-4-1-CA-1-41--b"-C" O. Brown Registered Public Surveyor No 1744 ..mow ATIONS UNKNOWN: ♦ 1or ,7f~i EASEMENTSnr �y;•' �� e Star Cris Co. , Volume - 273 Page - I76 Ri • as Power S Light Volume - 313 Page - 122 nCB C) rl:(J','r'. 4 -g•., 174n e `1 •'r!,.,.•* 0/ .:w,�41.•.�,:. I , L.__, t 1 I 4. ; .5 I._1 . • , I •. , ••••,0 ..! 1, I .• „ I. ..7--,-- -7--, , I I. I '` '.• ..•.I ." -,. 444.44 0 , • ..,t / ... •>6 4: II ^ .,..•_ . 1..• -nr"." IX i i • - , L1:...,Q . 47,• • ••4 1 1 ! • 1 /1 I . b- ,,. .1 , 0 i , , 1 r ,,, 3 ,r3-1,1 /I,ill El?:IS Lit!fp• 21 ; Z ‘------. 1 .le •-z 3 V• 'N'ic,Z11) , •-2 3 * • 1 I I . - A i = 1 i.s A-:1 A 2,_.2. Y1 .g.." . : s • ,' . • DUNCAN •3 ,,,, 4C A 11 ''' i i 1 ..,.. ... . , • :• , W A Y . to) 27, i _.:?:,_6‘.---.7. '.' , ... . 0 ,,, !..•• --. 1,, . ,••,, .......5.), ,i, ,, , ..4 c • • ' \'',,- 4 , •.• 't7"2.••- ',,,,..s° , • • , ' 2 . AM= ,,...0,..s...,,.. .4-, '1 .• . '1, '• -'' ‘‘,•- \. ....s• '' ' •',• •.`'• ,.. ; —— ' •; •- •.1 QI; •-' ..'s, $ , $ 4 . ) 1 ! , . c.).r:11 ; .011 , 111 , '• . II . • 3 2 . i' Q.PIRATE i i • • ,,,- P- ---,- DRIVE e. 7/ . -- Y1 • 3'0., .• - 0 • 'l '..•k 4C 8 .s ,v se 1., ,.. , ' N':-.!.?„.. . 3, 1•67.7, 4, os., e• A-26 7 i• 8 B k 0 2 7c_ , ,.. 7 • '::'I ;"" • 3 • 'I -- '"17-T,-7,77,--7-,6,-----7,.;;\ - , , I ' , . % .7 r . 0 ;11 n„1.aq 13.4.1 14 • :'a , •,..... .*. .. 1 . • 4,_L_ J•1•11.1 ,C , WAY be .• : • t' •••• • t• _I"-. tn.: ___141,.•• .,..." .,:..._. b. ,j $1 ,• 10 II le 13 [!....123111.)..31 t:7" , -.... _ ,..: .9 ii. __ r, 6644 111654711 .. .... , - .. ... ..........._.. ,_ . l .6.4. ./r IS M ps a* It Hi a/ q , • . s,-,•.• VET BROOK DRIVE '. I, ; ril ;ar:.1 In '''.. 1, I I...737 11, Si. Ill 14,II W.__ .... :- . 17.:• is? , LIMITS 1-11.°:— Iz • Y 1 I ,l‘i -75ro . , . . •, .'5• 0 __,............. .-...-.. -.. . Mr,.'- -• '----- -i _. .__ .. 1 . . • : , .., . . .'.. ','.. , __. 1_ --1-- . - -- - -,....---a.--....,-;:,, f:..'. ..'• i I Di 0. — • ORDINANCE NO. AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE E. C. Davidson SURVEY, ABSTRACT NO. 266 UPON PETITION OF Jim McKnight WHEREAS, Jim McKnight has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described , which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council , and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas , and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by metes and bounds as follows , to-wit: see attached ORDINANCE NO. CONT'D PAGE 2 be received, annexed to, and made part of - and the same is hereby received , annexed to, and made part of - the City of Wylie, Collin County, Texas , subject to all laws , rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiring that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND APPROVED THIS THE 11th DAY OF December , 19$4 MAYOR ATTEST: Carolyn Jones , City Secretary SITUATED IN COLLIN COUNTY, TEXAS AND 1 E1NG A 1'OKUION OF A CALLED j1 ACkt 1RACt Ui LAND Ot:i , r imi L . C. L'•' . 3:0 ACRES, ABSTRACT NO. 266 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT IN THE NORTH LINE OF F.M. 544 AT STATE SURVEY STATION 469 + 68. 32; THENCE SOUTH 89 DEGREES 36 MINUTES 30 SECONDS WEST, 268. 79 FEET TO THE PLACE OF BEGINNING, AN IRON ROD SET FOR CORNER; THENCE NORTH 3 DEGREES 03 MINUTES EAST, 84. 89 FEET TO AN IRON ROD SET FOR CORNER; THENCE NORTH 87 DEGREES 58 ,MINUTES 52 SECONDS WEST, 73.90 FEET TO AN IRON ROD SET FOR CORNER; THENCE SOUTH 3 DEGREES 03 MINUTES WEST, 88 FEET TO AN IRON ROD SET FOR CORNER; THENCE NORTH 89 .DEGREES 36 MINUTES 30 SECONDS EAST, 74.02 FEET TO THE-PLACE-OF-BEGINNING-AND CONTAINING 0. 146 ACRES OF LAND. SIR N 87° 58' 52' W 73 n SIR 0. 146 AC. 20.4 5. 2 6. 6 12. 9 ONE STORY FRAME rJ l� 3 A 7 ZED 0 c� 2 -_y "// - \ ;�A Sr '."err t /-". ,, 1• It 1• ll 11 1• N, • • 64. ct14 . . .1 ql • .r [L11Ot ST _ _ - - - ®u ITT_. c 7)A A-ato I. I. a A-zaa A-62O g Tr, V uv 1 r•) •a ••••• GI Is pp r, : r) : r '° z�, A :aa • r2 II • � .Q000PER. :9; vE �, , _ 1 ra1t .. , .i , •a ,_ .a ,may, .. 1 'OL r N w - IP 7O y��y + _�� m DA;�IQO W�, 11; � iJ. e U� TRACT NO 2 1 •to Pi 'OC :1 /� �` ' II 'O� l'I' O •.oc I . i - I \ WYLIE CAPITAL CORPORATION P.O.BOX 483 • WYLIE,TEXAS 75098 • (214)442-2242 September 26 , 1984 Mrs . Carolyn Jones City Secretary City of Wylie P. 0. Box 428 Wylie, Texas 75098 Re: Annexation 0 . 146 acres on Highway 544 Dear Mrs . Jones : Will you please do the necessary to start annexation procedures for the 0 . 146 acre of land in the E. C . Davidson Survey located on Highway 544 . We would like for the property to be zoned light industrial. Attached is our petition for annexation, copy of registered public surveyor' s plat, and a drawing showing the location, and size of the proposed building. If you need any additional information, please let me know. Very truly yours , • J 'm E . McKnight JEM:gw encls . 1•- r - . i r / r----•. tr = •1 =f • . I. .. . . • . ...clItrL.1.1i_ i _.. ... ,' : 1 I.-4-- -,1-7 [;.• Ir I. II I• V II I. N 11'''''.i. / . - ........i .o � „ Y .' r r /5.1. •-t20 . t 7,-2sa A-420 I N. !L tl R R • C Yl►•1.c 1 ou.po•ll 1• 0 • •2 ri r0 • • • 1. 279 ••ias y °lam COOGEP OP \ :: _ 30 7t IO 20r��. •_ •4L 41 . :e, • .�— •�� '' 4 Orly 1 .o o • •,• .Ipu lOS WI 111 , IJh .Ip n0 I 10[ 1 ///� ♦� U 0 TRACT N0.2 - 0 •, 1 101- r. - _ :'II S u✓• *tSI I1.��1 fir" w0 !aa .. zi ' •-2aI 1� � � ^I�1• 1 1 JI 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 CLASSIFICATION 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 DOLLARS ($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 Jim McKnight should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: Industrial Said property being described as follows: see attached ORDINANCE NO. CONT'd. Page 2 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 purposes 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 invalid, 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 hereto- fore 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 develop- ment and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas , this llth day of December , 1984. APPROVED: JOHN W. AKIN Mayor ATTEST: Carolyn Jones, City Secretary SI TUATEO IN COLLIN COUNTY, TEXAS ANV BEING A 1'ORl ION OF A CALLED 3; AC;-:i IkAC1 'i LA'+D Ou: , f . : 3:0 ACRES, ABSTRACT NO. 266 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOUS: •''C.IENCING AT A CONCRETE MONUMENT IN THE NORTH LINE OF F.M. 544 AT STATE SURVEY STATION 469 # 68. 32; THENCE SOUTH 89 DEGREES 36 MINUTES 30 SECONDS 'WEST, 268. 79 FEET TO THE PLACE OF BEGINNING, AN IRON ROD SET FOR CORNER; THENCE NORTH 3 DEGREES 03 MINUTES EAST, 84. 89 FEET TO AN IRON ROO SET FOR CORNER; • THENCE NORTH 87 DEGREES 58 MINUTES 52 SECONDS WEST, 73.90 FEET TO AN IRON ROD SET FOR CORNER; THENCE SOUTH 3 DEGREES 03 MINUTES WEST, kk FEET TO AN IRON ROV SET FOR CORNER; THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS EAST, 74.02 FEET TO THE•.PLACE-OF..8EGINNING ANO CONTAINING 0. 146 ACRES OF LAND. • SIR N 87° 58' 52" W 73 O01 SIR 0146 AC. co 20.4 5. 2 6. 6 12. 9 ONE STORY FRAME ;'r-4ZED .p-- - • - O M p � .. / / ' — ^ . � .. ^ ^ ' ^.^^" . | } ,^ ____—_— ---- ----- . ^.�" � ! IS 16 14 v ^ ; 0101 `v^ur *02 | � ,/ ' | I. "``—ys` °o ,^^ \ All . \ ' � | � . ^`"' | 4^ PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: 70 THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY , TEXAS : cones PERRY SIMMONS of the County of COLLIN dnd the State of TEXAS , and represents to the City Cc.:nc of the said City of Wylie , Texas , that he is the owner or is acting for a ; • the owners or partnerships or corporation who are owners of the followinc cribed tract of land which is contagious and adjacent to the City of Wylie , Collin County , Texas , and in which has less than three (3) qualified voters , reside , described as follows : SEE ATTACHED • h:Xllln;.J. -A„ BEING a tract of ihnO situated in the DUKE STRICKI,AND SURVEY, ABSTRACT to. . 041 , Collin County, Texas, and being part of a 163.80 acre tract. of land referrc '. to in deed as Second Tract of 38.500 acres, from ArLna Life Insurance Co . to E. Nathan Eldridge, dated May 16, 1940, recorded in Volume 328, Page 264 , Deed Records of Collin County, ', exas, and being putt of the same pioperr•y 'cnveyed to The Wylie Industrial foundation, Inc. by Mercantile Nat..i.onal Bank at r C : las , Uy Deed date;.! August 11,, 1971, • •.11y recorded i : Volume fl3'r, Page . 93 , Oc'r.i Pecor(ls of Collin County , Texa 1, and •e ng more. Hart lc :lar) y les'.ri.t•c•' .as follows BEGJ.NNINc; at tnc most other y Southeast cc -: •r or : tid 1 (- . ' acre tract of land , amid point being the Sou .heast c owner of sa: d 38. 5 acre t, i :t , an iron stake net for corner; THENCE: North 84 deg. 28 min. West 810.96 feet along fence Line to an iron stake •• uet for corner; THENCE: North 85 deg. 54 min. West 1026.00 feet alony fence line to an iron Stake for corner; • - THENCE: North 05 deg. 04 min. East: 59. 77 feet to an iron ::take for corner in • the Southeasterly line of State Highway t$78. TRENCE: North 52 deg. 16 min. East 1196.00 feet with the Southeasterly line • of said Highway to a marker for corner: . •l t' THENCE: North 48 deg. 01 min. Gast 199.05 feet with the :;,,utheasterly line of said Highway to a marker for corner; THENCE: North 52 deg . 15 min. East 600.00 feet_ with the ;:outheasterly 1 < ne of said Highway to a marker for. corner; THENCE: North 57 deg. 58 min. East 75. 71 feet with the Southeasterly line of. said Highway to an iron slake for corner; THENCE: South 38 dog. 44 min. East 4.5.76 feet to an iron :;take for corner ; THENCE: South 04 deg. 20•min. West 1.139. 20 feet along fence lino to the PlaLi•c of Beginning and co::tainitig 35.700 ac .es of land. And being the same property r.ibed ,in Warranty Deed dated November 10, 1978, executed by The Wylie Industrial Foundation, Inc. to Robert F. Reynolds and • -ecorded in Voltme 1144, Page 1131, Deed Records of Collin County, Texas . .:.7 It PETITION FOR ANNEXATION CONT' D PAGE 2 Said PERCY SIMMONS represents that he and all other owners desire to be annexed to and made part of the said City of Wylie, Collin County , Texas , subject to all laws , rules , and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, Texas , as provided by Article 974(g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the 26th day of October 19 84 . Signature PF.RC( STMMnt?c Please Print Name 200 Rush Creek Drive Address Wylie , Texas 70598 City State ZIP (214 ) 442-5297 Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared Percy Simmons , know 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 26th day of October , 19 84 . Notary c, Coll ' o nty, Texas fr • Jam% .s 16417'a P+crk,Stab of Tau r Commis&Jpr 27 PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: Now comes oUE� Per 0 of the County of Cp/0" and the State of li—X,41-5 and represents to the City Council of the said City of Wylie, Texas, that he is the owner or i•s acting for all of the owners or partnerships or corporation who pre 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: PETITION FOR ANNEXATION CONT'D PAGE 2 • Said P/e41964./e f> represents that he and all other owners desire to be annexed to and made part of the said City of Wylie, Collin County, Texas , subject to all laws, rules , and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, Texas, as provided by Article 974(g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witnes the hand of this petitioner this the ' /? day of 474:77-2, - 19 51 X Signature x €ov y . 8ao'c Plea a Print Name ,C �8°4/el. ,C, <5"4/4/ Address x g _. �.ri}S 7 ,9I City State ZIP ,� h`s`z-4 �- Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared (�c( v- y k). i ,c r(1 , know 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 I (.-t _ ;day of 1.5^ UU)C (J lC Not ry Public, Co in County, Texas PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: Now comes G iwa lez 452jed of the County of dalir,2 and the State of 694/g! , and re resents to the Cit Coun i P y c 1 of the said Cit of W li exas,y 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: 99E‘ (}u-Leit Adats ,eig gLed - -4/0 PETITION FOR ANNEXATION CONT'D PAGE 2 Said GRdb) 1/460 C/ represents that he and all other owners desire to be annexed to and made part of the said City of Wylie, Collin County, Texas , subject to all laws, rules, and regulations of said City. Your petitioner, therefore, respectfully prays that the land above described be annexed to the said City of Wylie, Texas, as provided by Article 974(g) of the REVISED CIVIL STATUTES OF THE STATE OF TEXAS. Witness the hand of this petitioner this the ///52 day of 411, 19 11 ye4c) S;g ,t�o Please Print Name �frf V V Address ?f�,, 1s City ytate ZIP Telephone THE STATE OF TEXAS: COUNTY OF COLLIN: Before me, the undersigned Notary Public on this day personally appeared SA iie,e' �r 60_//f know to me to be the person whose name is subscribed to the forgoing 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 �9 L day of 0/2 4 , 194/./ 'No ar P i Col 1 i n��/ Y ty, Texas myniknitiar Ca—ammb, an CITY OF WYLIE UTILITY EASEMENTS STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BE THESE PRESENT THAT L.B./Wylie Properties, hereafter termed GRANTOR, whether one or several , of the County of Collin, State of Texas, for and in consi - deration of the sum of one dollar and no cents ($1 .00) , and other good and valuable consideration to GRANTOR in hand paid by the City of Wylie, the receipt and suffi - ciency of which is hereby acknowledged and confessed, have GRANTED and CONVEYED, and do by these presents GRANT and CONVEY unto the City of Wylie the following de- scribed tracts or parcels of land situated in Collin County, Texas, for use as utility easements upon/or in which water mains, sanitary sewers, or storm sewers may be constructed and being more particularly described as follows: BEING a tract of land situated in the E. C. Davidson Survey, Abstract Number 266, Collin County, Texas, and being a part of the 80 acres conveyed to E. N. Eldridge in the Collin County Deed Records, Volume 358, Page 139, and being a part of the 45 acres conveyed to Thomas E. Eldridge in Collin County Deed Records, Volume 941 , Page 574, and being more particularly described as follows : EASEMENT NUMBER 1 BEGINNING at an iron pin found for corner which is the Northwest corner of said property, and said iron pin being in the South right-of-way line of FM 3412; THENCE, South 0°54'44" West, along the East boundary of said property, a distance of 990.30 feet to a marker for a corner, said corner being in the North line of the North Texas Municipal Water District easement recorded in the Collin County Deed Records, Volume 730, Page 446; THENCE North 71°00' 55" East, along the North line of the NTMWD easement, a distance of 21 .70 feet to a point for a corner; THENCE North 0°54'44" East, a distance of 983.39 feet to a point for a corner, said corner being in the South right-of-way line of FM 3412; THENCE South 89°58'30" West, along the South right-of-way line of FM 3412 a dis- tance of 20.00 feet to the point of beginning and providing for an easement of 20 foot width. EASEMENT NUMBER 2 BEGINNING at a NTMWD Monument, 60.81 feet South 0°54'44" West, along the West bound- ary line of the said property from the Southwest corner of Easement Number 1 ; THENCE continuing along the West property boundary at a bearing of South 0°54' 44" West, a distance of 594.91 feet to an iron pin for a corner; THENCE North 89°40'05" West, a distance of 619.61 feet to an iron pin for a corner; THENCE South 1°48' 32" West, a distance of 1322.20 feet to an iron pin for a corner, said iron pin being in the North right-of-way line of the St. Louis and Southwest- ern Railroad right-of-way; THENCE North 87°09'28" East, a distance of 20.07 feet, along the North right-of- way line of the St. Louis and Southwestern Railroad right-of-way line, to a point for a corner; THENCE North 1°48' 32" East a distance of 1300.56 feet to a point for a corner; THENCE North 89°40'05" East a distance of 619.60 feet to a point for a corner; THENCE North 0°54'44" East a distance of 622.16 feet to a point for a corner, said corner being in the South right-of-way line of NTMWD easement; THENCE South 71°00'55" West, along said South right-of-way line of the NTMWD ease- ment a distance of 21 .70 feet to the point of beginning and providing for an ease- ment width of 20 feet. TO HAVE AND TO HOLD the above described easements, together with all and singular the rights and hereditaments thereunto in anywise belonging unto the said City of Wylie, its successors and assigns; and GRANTOR hereby binds himself, his successors, assigns, and administrators to warrant and defend the rights and title. to said easements unto the said City of Wylie against every person whomsoever lawfully claiming or to claim the same or any part thereof. Witness my hand, this the se0 day of A/a'✓ de2— A.D. , 1984. L.B./WYLIE PROPERTIES By "/ ' Title STATE OF TEN COUNTY OF i BEFORE ME, the undersigned authority, a Not ry Public an for said County and State, on this day personally appeared c7.1 . , known to me to be the person whose name is subs ri to t e foregoing in rument and ac- knowledged to me that he executed the same in t capacity they n stated. 744 GIVEN nder my hand and seal of office, this the je day of 4 , 19, . 4IP. _.....d...___ _M Notary Public in and forAgOrtate of Texas Ck Rr lotfc KeliG\ ACCEPTED FOR THE CITY OF WYLIE THIS the dau of , 19 . CITY OF WYLIE John W. Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date • A/V . . 20.00 ,M 3 4- / 2 RO ►A/ N 89°5813o"E /R•• M •0 co 'n 0 a) E0:\3EM ENT No. I 11) N d' + ,PSF N1 0 Coy - - S 7/ � - /00 'Ss" kti - - - 21 .70 ' M ' - , -N / ,t 7/ "00' SS "z.F. — ' - � a= 02. I. 70 — - - - - v N ri- - � N :d- W h %t oo o 5 89°'7.o'0S"W 6/ 9. 61 ' o Iipo ,R ao 0 N 89°4a'65"E 619.60' .o 1/49 N "?d 0 N M EAsEM L'NT No . 2, 3 `4 � ro, co 00 P '}. 0 0 z Sr. L. .� sw /�,a /� r2oAp ,eow N87� °9 'z 8 "'E' 2o.07 ' When :.,.,: nd F!J y Exec,,,,, l r, :, Copy To: AT T .),i"--Y 1.._‘,`.'; 12 •0 LLu3. DALLAS, TE.:%3 75201 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 W. 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 of 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 described 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 five (5) years commencing on the day of , 19 At the end of the fifth year such Lease may be continued on a year to year basis by mutual agreement between the parties up to a maximum of ten (10) years. 4. TERMINATION OF LEASE. Upon a finding by the City Council of the City of Wylie that good cause exists to terminate the Lease, the Lease may be terminated by the City upon one (1) year advance notice to Contractor. Provided, 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 termination of the Lease. 5. STATE AND GOVERNMENTAL REGULATIONS. Contractor agrees to operate said landfill in accordance with all State, County and City regulations and in the event Contractor if prevented or odered 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. 6. RENT. Contractor agrees and shall pay to the City as rent the sum of Two Thousand Five Hundred Dollars ($2,500.00) per month, payable within fifteen (15) days after the end of each preceding month during the term of this Lease. 7. OTHER CHARGES PAYABLE BY CONTRACTOR. Contractor agrees to pay the City of Wylie a street improvement fund fee of Four Thousand Five 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 ($1,125.00) 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 limits of the City. Any increase in rates charged for solid waste collected outside the corporate limits of the City of Wylie and any increase in the garbage collection fees charged to the residents 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 may be adjusted upward to take into account such increase. 9. FREE USE OF LANDFILL BY CITY RESIDENTS. Any resident of the City desiring to dispose of any residential refuse in the landfill may do so, free of 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 -2- 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 and 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-hazardous solid waste generated within the City of Wylie to be disposed of in said landfill during the term of this Lease. 11. STATE PERMIT In the event state regulations require transfer of the state permit from the City to Contractor, the City shall use its best efforts to accomplish such transfer for the period of this Lease, but shall not be liable for any damages in the event Contractor is not permitted by state regulations to operate said landfill either under the City's permit or by transfer of such permit to Contractor. 12. The Contractor shall be responsible for legal fees, damages and other actions brought about by Contractor's operation of the landfill. 13. 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 trafficked by Contractor's vehicles in the normal course of Contractor's business, and agrees to indemnify and hold harmless the City from all claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorney's fees, arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not in any way limit the. liability of Contractor. The Contractor agrees to carry insurance during the entire term of this agreement as follows: a. Workmans Compensation Insurance covering all employees of Contractor engaged in any operation covered by this agreement. -3- b. Automobile and Public Liability Insurance in amounts not less than those established as the maximum recovery limits under the Texas Tort Claims Act. c. Contractor shall furnish the City of Wylie current copies of the above mentioned insurance policies. 13. BUILDING ON PROPERTY. No building or permanent structure shall be constructed on the landfill site without prior written approval of the City Council of the City of Wylie. 14. COMPLETED AREAS The landfill property includes 7.4 acres in the northeast corner of said tract which has been previously used by the City. It is agreed that this area will be the first area Contractor will use, fill, and reclaim with final ground cover. It is also agreed that Contractor will properly cover the filled areas as they are filled so as to reclaim the land as it is fully filled on an acre by acre basis. It is agreed that the City shall have the right to use such reclaimed land as soon as fill has been completed and the land is covered with the final ground cover. 15. DAYS OF OPERATION. Landfill hours will be Monday through Friday from 8:00 a.m. to 5:00 p.m. and on Saturday from 8:00 a.m. to 12:00 noon. Said landfill may be closed on the legal holidays recognized by the City. 16. ASSIGNMENT. This Lease and agreement and any right occurring under it shall not be assigned by Contractor to any other party without the written consent of the City Council of the City. 17. BANKRUPTCY. This Lease shall terminate in the case of voluntary or involuntary bankruptcy on the part of Contractor. 18. VENUE. This agreement is made in Collin County, Texas, and all actions 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 default or breach of any term, condition or covenant of this Lease shall be deemed to be -4- a waiver of any subsequent default or breach of the same or any other term, condition or covenant contained herein. 21. SEVERABILITY CLAUSE. Any provision of this Lease that shall be declared illegal, void or unenforceable, shall not affect the remaining provisions which shall remain in full force and effect. 22. NOTICES. Any notice or document required or permitted to be delivered hereunder may be delivered in person or shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed to the parties at the addresses indicated below, or at such other addresses as may have 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 be considered fully executed nor binding on the City until the same shall have been executed by Contractor and the Mayor of the City of Wylie and attested by the 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. Akin Date MOORE INDUSTRIAL DISPOSAL, INC. By Michael W. Moore, President Date WK84-1201 -5- GENERAL AND UTILITY BILLS PAID Bill Kreymer $ 120.00 inspections FMD Consultants 880.00 computer consultant Grays Garage 123.80 P. D. Car Lanier 311 .50 Recorder - Code Enforcement Off. Petty Cash 238.55 misc. PBCC 85.00 postage meter Wylie Super Mkt. 46.54 Misc. P.D. Parker Electric 90.95 P. D. electrical repairs C & G Police Supply 43.00 P.D. yellow raincoat Cannon Dept. Store 150.75 misc. P.D. Walter F. Stephens Jr. 75.00 P.D. Badges Racal Information 310.00 maint. P.D. Board - 2 months Griner Printing 98.48 telephone labels Smith Communications 132.00 1 year - 2 pagers Century Ready Mix 522.88 concrete Sears 531 .92 minor tools North Star Paving 1 ,167.15 hot mix asphalt Central Steel 49.66 bands for Christmas tree Mercantile Capital 452.67 backhoe payment John Deere Leasing 387.63 tractor payment Texas Municipal League 574.00 dues North Texas Municipal Water District 10,187.63 3 mos. sewer bills Griner Printing 142.00 letterhead Gaylord Bros. Inc. 219.00 Book charge machine Library Employees Retirement 1 ,513.24 Social Security X Comp. 360.00 net work board Huey Parker 450.00 City Hall Rent Iona Martin 350.00 Library Rent Allen Ambulance 500.00 compensation Robert Beasley 200.00 Municipal Court Judge CaMille Elloitt 200.00 Municipal Court Attorney Mayor and Council 825.00 compensation Gus Pappas 200.00 Car Allowance Wylie Post Office 1 ,000.00 postage Lester Gayler 270.00 Fire Marshal and car allowance Garriosn Gardens 180.37 Garland for tree Capital Leasing 410.29 sewer machine Texas National Leasing 254.08 copier Texas Municipal Retirement System 2,039.46 retirement Employee Retirement System 1 ,630.98 Social Security P. D. Petty Cash 140.30 misc. Carolyn Jones & Barbara LeCocq 344.00 trip to Houston - Law Seminar City Hall Petty Cash 130.02 misc. City Hall Utility Dept. 84.86 Water bills - Park, City Hall $ Fire Station TOTAL BILLS PAID 28,022.71 General Fund $14,566.93 Utility Fund 13,455.78 $28,022.71 GENERAL AND UTILITY ACCOUNTS PAYABLE Aratex/Ind. Uniform & Towel 348.80 uniforms Board of Tax Professional Examiners 35.00 Renewal fee - Carolyn Bowles & Edens Company 1 ,867.66 2 fire hyd. and saw & saw blades Funco 83.66 4 X 6 Texas State Flag & U.S. Fl General Telephone 468.51 phone service North Texas Municipal Water District 3,799.00 sewer service North Texas Municipal Water District 9,073.04 water purchases North Texas State University 145.00 election seminar - January Plano Office Supply 636.99 office supplies Rushin Lumber Company 528.50 misc. bldg. supplies Speed Fab-Crete 16,658.88 Community room at Library Total Refreshments 434.45 coffee, drinks, juice TML Workers Compensation 626.00 insurance Taylor Sales 189.45 repair unleaded pump U. S. Rentals 140.40 trowel machine, wheel barrow & mortar hoe Wholesale Electric of Plano, Inc. 310.27 misc. water & sewer supplies Western Auto 150.81 misc. supplies TOTAL ACCOUNTS PAYABLE $ 35,496.42 17/7 MUNICIPAL COURT CITY OF WYLIE MONTHLY REPORT NOVEMBER 1984 Docket Nos. 84-140 thru 84-246 Total number of complaints filed: 107 Charges: Speeding 40 Speeding, School Zone 7 Ran Stop Sign Improper Passing 3 Drivers License Violations — 6 Registration Violations -1- No Valid Inspection Certificate 12 No Proof Liability Insurance Equipment Violations 2 Public Intoxication 3 Failure to Appear Minor in Possession Fail to Drive in One Lane Exhibition of Acceleration _2 Ran Red Light Permit Unlic. Person/Drive ___1_ Fail to ID at Accident Pass School Bus/Loading Vio. Plumbing Ord. Dog at Large Court Activity: Pretrial Nolo Contendere (pd)Quashed Complaint Dismissed Complaint Dismissed/Deferred Adjudication 0 Dismissed/Defensive Driving _ 7 Time Served in Lieu of Fine 0 Trial By Judge � 2 guilty 3 not guilty Trial By Jury 0 Bond Forfeiture �3 Warrants Issued 55 Warrants Executed 22 Collections: Bond Forfeitures $ 1618.50 Cash Fines Paid 3173.50 Refunds/Out of City 1811 .50 Disbursed 30 November 1984 ,Z7/f NOVEMBER 1984 BANK ACCOUNT-MUNICIPAL COURT APPEARANCE BOND Beginning Bank 3alance 1 Nnvemhpr 1984 $ 485.00 Total Deposits 3786.00 Disbursements: City of Wylie $ 1618.00 Out of City/Refunds/Bonds Returned 1811 .50 Total Disbursements 3430.00 Ending Bank Balance 30 November 1984 $41 .00 CASH TRANSACTIONS Cash on Hand 1 November 1984 -0- Total Cash Receipts 4043. 56 Total Cash Disbursements/City of Wylie 4043. 56 Cash on Hand 30 November 1984 -0- • TOTAL DISBURSEMENTS/CITY OF WYLIE , Account Cash Transaction Bond Forfeiture Total City , Public Safety $ 2579.00 $ 1331 .50 $ 3910.50 City , Code Enforce. 50.00 -0- 50.00 Crim. Just. Planning 330.00 115.00 445,00 Law Enforcement Ed. 66.00 23.00 89.00 Crime Victim Comp. 112.50 137.50 250.00 Municipal Court Ed. 33.00 11 .50 44.50 Refund/Overpayment 3.00 -0- 3.00 Bulk Water 588.90 -0- 588.90 Trash Bag Sales 135.00 -0- 135.00 Animal Control Fees 113.00 -0- 113.00 Report Fees 26.00 -0- 26.00 Misc/Other 7. 16 -0- 7. 16 Casn Transactions ,Total 4043.56 Bond Acct. Total 1618. 50 Grand Total $ 5662.06 Check Nos. 720 thru 729 Receipt Nos. J03760 thru J03785; J03787; A01866 thru A01872 M10202 thru M10288; C10391 thru 10400; C10401 thru C10448 30 November 1984 1 abeth J. Gray /47 Citr O #N � WYL IE POLICE ) PA I ^,1ENire MONTHLY REPORT WYLIE POLICE VOLUNTEER UNIT NOVEMBER 1984 Total number of hours worked 54.5 All hours worked in patrol ; equal to 4.5 twelve hour shifts. R. D. Abbott Chief of Police /e.19 4 WYLIE POLICE DEPARTMENT MONTHLY REPORT November 19 84 ABANDONED VEHICLES Checked by Officer 27 Ordinance Violation 0 Total 27 ACCIDENTS Major 2 Minor 6 Total 8 ANIMAL COMPLAINTS Loose Livestock 6 Dog at Large 14 Dog Bite 0 Other 5 Total 25 AMBULANCE CALLS Emergency Sick Calls 32 Police-Related Calls —9-- Other 4 Total 45 ALARMS ANSWERED In City Bank 4 • Other Business 3 Residence 0 Out of City 0 Total 7 ASSISTANCE CALLS Motorist 2 Traffic 3 Other 10 Total 15 ARRESTS MADE City Warrants 2 Out of City Warrants 5 Traffic charge 3 Other violations 4 Total 14 WRECKER CALLS Accident 2 Police-Related Pull 4 Total 6 MISCELLANEOUS CALLS, Total 65 WYPD-Monthly Report-Page 2 November 19 OFFENSES BURGLARIES Residence 0 Business 1 Motor Vehicle 1 Coin-Operated Machines 0 Total 2 THEFTS 'Under 5750.00 8 Over $750.00 0 Total 8 CRIMINAL MISCHIEF Under $750.00 3 Over 5750.00 0 Total 3 ASSAULT Simple 0 Other Total 0 • HARASSMENT, Total 1 MISSING PERSONS/RUNAWAYS , Total 1 DWI , Total 0 OTHER: (Such as robbery , forgery , VSCA, etc. ) Unauthorized Use Motor Vehicle 3 Kidnapping 1 Driving While License Suspended 2 Fail to Leave I.D Scene of Accident 2 Unattended Death 1 Forgery 2 Indecency with Child 1 Total 12 CLEARANCES Felony 5 Misdemeanor 5 Total 10 TRAFFIC STOPS, Total 176 Submitted this 3rd day of December 1984 7/(7 (/- �_� CHIEF OF POLICE SUPPLEMENT TO MONTHLY ACTIVITY REPORT FOR November 19 84 ACCIDENTS REPORTED DATE LOCATION INJURIES 2nd 5th & Masters No 5th 78 & First No 13th 78 & Eubanks Lane Yes 21st 78 & Jackson Yes 23rd 78 & Ballard No 25th Ballard & Butler No 26th 78 & Martinez Lane No 29th 78 & Kirby No 55 CITY OF WYLIEC 114 N. BALLARD ST. - P.O. BOX 428 WYLIE TEXAS 75098-0428 MEMORANDUM DATE: TO: R. D. ABBOTT, CHIEF OF POLICE FROM: AL CASE, ANIMAL CONTROL OFFICER RE: MONTHLY ACTIVITY, MONTH OF MIL, 19 3"/ THE FOLLOWING ARE TOTALS FOR THE MONTH: ANIMALS IMPOUNDED: DOGS ,79 CATS ,3 OTHER TOTAL 2) e6W4/o/ Gvrst 3�L DEAD ANIMAL PICKUP: DOGS CATS / OTHER TOTAL ANIMALS DESTROYED: DOGS /F CATS 3 OTHER TOTAL / ANIMALS CLAIMED OR SOLD: DOGS A' CATS OTHER TOTAL ANIMAL TAGS SOLD / ANIMAL POPULATION IN POUND AT END OF MONTH: j OTHER REMARKS: AL CASE, ANIMAL, CONTROL WYLIE PUBLIC LIBRARY MONTHLY REPORT NOVEMBER, 1984 Date: December 1 , 1984 To: Gus Pappas, City Manager From: Library Aide Re: Library Statistics for November , 1984 CIRCULATION: November 1984 - 973 Average of 40 books check out per day. Adult Circulation 427 Juvenile Circulation 291 Paperbakcs 41 Videos 102 Tapes 10 15 reference questions were asked REGISTRATION: Cards issued 32 Total to date 2, 088 EQUIPMENT USED: Camera 1 16 mm projector 4 times Respectfully, Gail. Philips, Library Aide CITY OF WYLIE,TEXAS PUBLIC WORKS DEPARTMENT MONTHLY REPORT MONTH: aA` ' TOTAL WORK ORDERS: /B J r---+t • 78 '��`-u-- �-`- a o 9 m�Go WATER IN 1000 GALLONS _ALTER_PUMPEQ__ _ . ._ _.___.._BALD__ _.__ _ _ _UNAC.CQIUyIED SFWAGE PUMPFO I a.,.4.,6-#. l- - C /g 3/3, ( istk"4n�s. / ')7ao . 00 I /,,,vo,ov.ls-Ja ,ire,-L -,..,du.-B4,,,xa WATER DEPARTMENT: 1983 yL 7abo ��,t�.4,-•'- 1984 Line locations *" Leaks 0 Rereads(Customer Request)---- / Rereads(Our Request) Finals '20 New Accounts 7g Taps / Broken or Replaced Meters---- .2- Repaired Meters / New Const.Meters 3 Miscellaneous TAPS.;,,__ 3 4 L n n WATER LINE EXTENSION-FT - - 3/4. . 1 .,1 2..'� 2" 2 z,�_ 3 _4 6" 1. 8" 10" 1 12" 1 14" I 16" 8"1 1 EPL E OR .R I I _--i. � EPAIRED WATER LINES: 3/4" 1" ; 1'' 2'' 1 21., . 3„ ? 4" ' _6" 8" . 10''_Y12" 14" 16" 18' —11 METERS-CHANGE OUT — 2" �� 1 : 21/2 . 3 42_ 3 ME3T j tEB U I 1.I__:.__ 1 , -- 1z 3„ --411---I f VALVES REPLACED , - 3/4„ 1n 1-i I 2 2" 3" 4" 6" . 16" 18" 1 12 14-- ..JAI__ —,I i - 1 VALVES REBUILT: _ .T I ' r 3/4" 1" 1 1., 2" ___2", 3" 4" 6 8" ; 10" , 12" 14 16" . 18" i I 1 MONTHLY REPORT(CONTINUED) PAGE 2 SEWER DEPARTMENT: 1983 1984 Line Location Stoppages /1 Taps Pumps Repalced Pumps Rebuilt Motors Rebuilt Motors Replaced Miscellaneous ,SEWkB LINE XN ON -FT 10" 12" 14" , "16" 18" ---- 20" REPV RED_.OR REPL-RACED SEWER"LI.. Ei2„ _ I 14" ._ 16" .. 18,, 20" i g6' / FOOTAGE - JETTED: 4" ' 6" 8" 10" __12"_ . 14':_. . __1 _13"- _ 20" 22" 24" 65 U aoU ?zoov I 1 \ I_- - -_- __ STREET AND DRAINAGE DEPARTMENT: 1983 1984 Small Repairs 3 Large Repairs Replaced or New Const. Footage (Ditches) Ft. Drainage Cleared (Ditches) Ft. Drainage Constructed G (Culvert) Ft. Drainage Cleared / V.aq, c.& 3O • 3 i�"C6 -,-t Win, r tQC (Culvert) Ft. Drainage Construced--- _ Mowed- Block and Area 'S Grading .3 REPAIR SUPPLIES: 1983 1984 Asphalt(tons) 3151-Tw_s Concrete(yds. ) 684'/s d.o• Sand(yds. ) 55' .)' 3' 1L. / 7 Gravel (yds. ) White Rock(yds. ) /5/441-. 3-a-a. Sanitation Department: 1983 1984 Special Pick-ups 3 '-.0 4 Mee- , Miscellaneous / Miscellaneous Areas : _n� Parks-Work one and Dates-1i=/?lie Z(1" -`i tiV ,"='_-_g.-. /� zz-Ar-__f 1 1.z L_-_lie--6,i4__illea41__"2-ef.d,i.4.&;ai, 41-d-.. -531yda, eo-J-Cd-i-±,- /I./.I-_--.1 Y2_/-_,74___,7;:cite.a.iti .4.14 .tc.; __ette-:i ..6112_,//-`2/"iiiy_S- 5:_,_ te-t. "r 1-4-4-6- 4--It/ells. /i-12 - S'`f ?bu.c.,43 //-30-}lY t C Ro Tiic t� �10,L- /�2.Z i /d 4-14 r-�, w/ ,�.. _ . _. �.., :,. i .. -A. ,Ism) MONTHLY REPORT (CONTINUED) PAGE 3 Library -Work Done i -and Dates---- ---.��" 44. / - a t� �d 1 v,• Lf aZ�t /mil t / u/1Cr,y oz .4_3./A4 !r - 12 - �Hu I H� a W.W. "Bill " Windham Director of Public Works City of Wylie sff PUBLIC WORKS DEPARTMENT WORK ORDERS 1984 1983 November WATER DEPARTMENT: Leaks Rereads(cust. request) Rereads(our request) New Meters Finals Taps New Accounts - - - - Replace Meters - - - Repair Meters - - - - Miscellaneous - - - - TOTAL SEWER DEPARTMENT: Stoppages - Taps Miscellaneous - - - TOTAL INSPECTION DEPARTMENT: Electrical Permits - 13 21 Temporary Pole - - - 7 14 Rough-In 11 12 Final 19 17 • Plumbing Permits - - 14 9 Rough-In 11 18 Topout 5 0 Final 10 19 Building Permits - - 16 20 Foundation 16 27 Framing 9 10 C.O. 17 5 Gas Line 3 9 Fence Permits - - - 2 0 Pool Permits - - - - 0 0 Belly Steel - - - - 0 1 Flatwork 17 0 Sprinklers - - - 0 0 Mechanical Permits - 8 0 Mechanical Inspects- 12 0 Mechanical Inspects2nd13 0 Re-Inspection _ _ 8 Complaints TOTAL 207 182 STREET DEPARTMENT; Repairs Miscellaneous - - - Sanitation department; Special Pick-up - - - Miscellaneous - - - - TOTAL WORK ORDERS