07-09-1991 (City Council) Agenda Packet DATE POSTED 7-5-91
TIME POSTED 3:00 P.M.'
AGENDA
REGULAR CITY COUNCIL MEETING
CITY OF WYLIE, TEXAS
TUESDAY, JULY 9, 1991
7:00 P. M. COUNCIL CHAMBERS
MUNICIPAL COMPLEX
2000 HIGHWAY 78 NORTH
CALL TO ORDER
Al;
INVOCATION InC�t
PLEDGE OF ALLEGIANCE
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 8 Consider approval of the minutes from
the June 11th and 18th, 1991 Council
meetings
2 9 Discuss and Consider calling a Joint
Meeting of City Council, Development
Corporation of Wylie, Inc. and the Wylie
Chamber of Commerce for July 16, 1991
3 10 - 14 Discuss and Consider Approving a Grant
Application to the National Fitness
Campaign for the Park and Recreation
Department
4 15 - 16 Discuss and Consider Payment of Claim to
Governmental Service Agency, Inc. for
work done on Recodification of City Code
of Ordinances
5 17 - 18 Discuss and Consider Invoice #03-028902-
011 from Jones & Neuse for May 1991
services at the Wylie Service Center ,
6 19 - 20 Discuss and Consider Invoice #03-028901-
028 from Jones & Neuse for May 1991
services on the Landfill Closure project
7 21 - 22 Discuss and Consider approval of
Contract Amendment to the Engineering
Contract for the Revised Zoning Map in
the Amount of $1, 121.72 and Payment of
Claim for $1, 121.72 to Helmberger
Associates
8 23 - 24 Discuss and Consider Payment of Invoice
from Shimek, Jacobs & Finklea for
services through May 31, 1991 on the
Newport Harbor Project
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10 25 - 27 Discuss and Consider Proposal from Lone
Star Gas to Provide Natural Gas to 'the
Municipal Building to Replace the
Existing Propane Service
11 28 - 30 Discuss and Consider Approval of
Memorandum of understanding on the
Financing of Traffic Control Signal on
State Highway 78 •
12 31 - 34 Discuss and Consider Acceptance of '
Proposal from JBM Consulting Engineers
to Design Engineering Plans and
Specifications for Traffic Signals ' on
State Highway 78
J.
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS • '
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13 35 - 54 Discuss and Consider Acceptance : of
certain Real Property to be Permanently
Dedicated as City of Wylie Alley
property and accept Permanent
Maintenance of the Property
14 55 - 58 Discuss and Consider the adoption.of an
Ordinance Establishing the Official
Zoning Map for the City of Wylie, Texas
and repeal Ordinance No. 87-4 which was
the old official zoning map
15 59 - 66 Conduct Public Hearing on the request
for a zoning change on Tracts 20, 16,
14, 21 and 36 out of the E. C. Davidson
Survey - Abstract No. 267 (Martinez
Addition) from Single Family 3 to
Business 2
16 Consider approval of adoption of an
Ordinance changing Tracts 20, 16, 14, 21
and 36 out of the E. C. Davidson Survey
- Abstract No. 267 from Single Family 3
to Business 2
17 67 - 74 Conduct Public Hearing on the request
for zoning change on Lot 31 of the
Meadow Addition from Retail to Business
1 (located on the S/W corner of S.
Ballard and Stone Road
18 Consider approval of adoption of an
Ordinance changing Lot 31 of the Meadow
Addition from Retail to Business 1 •
19 Citizen Participation
In accordance with the Open Meeting Act,
the city Council will hear comments of
Public interest from citizens residing
within the City Limits of the City of
Wylie. Any discussion must be limited
to placing the item on a future agenda
for future consideration.
Wylie residents wishing to speak before
Council should fill out the form
provided at the back of the Chambers and
• should limit remarks to a maximum of
five (5) minutes
20 Adjourn
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NOTICE OF REGULAR MEETING
Notice is hereby given that the governing body of the City
of Wylie will meet at 7:00 P. M. on the 9 day of
d ,,/,,4 , 199j, in the Council Chambers of the
unicipal Complex at 2000 Hwy. 78 North in the City of
Wylie, Texas, for the purpose of considering the attached
i
agenda.
,
{hi
Carolyn s, i Secretary
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POSTED THIS THE DAY OF . 199/
'AT LY:Ovi47. M. /
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CITY COUNCIL MEETING
MINUTES
JUNE 11 , 1991
The City of Wylie City Council met in regular session on
Tuesday , June 11 , 1991 at 7 : 00 P.M. in the Council Chambers
of the Municipal Complex . A quorum was present and notice
of the meeting had been posted in the time and manner
required by law. Those present were Mayor John Akin , Mayor
Pro Tem Jay Davis , Council Members Don Hughes , Percy
Simmons , William Martin , Jim Swartz and Ortie Messenger ,
City Manager Bill Dashner , City Secretary Carolyn Jones ,
City Attorney Steve Deiter , and City Engineer Paul Beaver .
Mayor Akin called the meeting to order and Rev. Don Yeager
of the United Methodist Church gave the invocation which was
followed with the Pledge of Allegiance .
APPROVAL OF MINUTES OF MAY 28 , 1991 CITY COUNCIL MEETING :
Councilman Messenger corrected the minutes to reflect the
statements made during the Financial report . Councilman
Messenger said that City Manager noted the Utility Fund is
suffering due to a grat deal of rainfall and Councilman
Messenger replied that it was a poor business decision on
the City Manager' s part to recommend to Council to lower
water rates because the City has been suffering for several
years due to havey rainfall . Councilman Messenger also
corrected the minutes to reflect his statement about the
$ 1 . 00 donation on the water bills as follows : Councilman
Messenger stated , since he was on the WSA Board , he is aware
of the workings of this board . This year the fees for
baseball were raised $5. 00 per child to cover the user fees
that were imposed on them just recently. Councilman
Messenger said he was concerned that the City had a $1 . 00
volunteer donation on the water bills , it was a donation not
an illegal tax as was suggested at an earlier meeting . When
that was abolished then the fees were raised to WSA. Just
recently the City of Dallas has adopted the same thing and
they have a $ 1 . 00 donation for their park system. It is bad
on our part that we regressed and I would like to ask the
Council to take a look at this again during the budget , so
we can take a load off the parents . Councilman Messenger
also stated that Mr . Buchanan stated that the $1 million to
$ 1 . 8 million did not include the closing of Alanis Road and
this is the same estimate given to Council two years ago .
Councilman Messenger also corrected the minutes to reflect
that on acceptance of the formal proposal on comprehensive
audit , that he had stated , it was a waste of tax payers
money to consider spending up to $91 , 000 for consulting
fees when the City already had recommendations from the
prior auditing firm .
A motion was made by Councilman Hughes to approve the
minutes with the above corrections . Seconded by Councilman
Simmons . The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tem Davis - in favor , Councilman Swartz - in
favor , Councilman Martin - in favor , Councilman Hughes - in
favor , Councilman Messenger - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor .
APPOINTING OF NEW MEMBERS TO THE BOARDS AND COMMISSIONS FOR
THOSE WHOSE TERMS ARE EXPIRING IN JULY , 1991 :
PLANNING AND ZONING COMMISSION: A motion was made by
Councilman Messenger to re-appoint Bart Peddicord , Cecilia
Wood , Bobby Jennings and Richard Eckman . Seconded by
Councilman Swartz .
Councilman Simmons made a motion to appoint Mike Hawkins,
11 was Seconded by Councilman Hughes .
Councilman Hughes made a motion to appoint Billy Mills and
was seconded by Councilman Davis.
Councilman Martin made a motion to appoint Gilbert Welch and
was seconded by Councilman Hughes .
Councilman Davis made a motion to appoint Roger Smith and
this was seconded by Councilman Martin .
Mr . Bobby Jennings of 401 Gaston Dr . addressed the Council
regarding his re-appointment and that he would like to '
continue to serve on this board .
Mrs . Cecilia Woods of 515 Woodhollow also addressed the
Council stating that she would like to continue to serve on
this board.
The vote on the first motion for re-appointing Bart
Peddicord, Cecilia Wood , Bobby Jennings and Richard Eckman
was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis
- against, Councilman Swartz - in favor , Councilman Martin -
against , Councilman Hughes - against , Councilman Messenger -
in favor , and Councilman Simmons - against. This motion to
re-appoint members did not carry the vote was three in
favor , and four against the reappointment.
The vote on the second motion to appoint Mike Hawkins was as
follows : Mayor Akin - abstained, Mayor Pro Tem Davis - in
favor, Councilman Swartz - against, Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against, Councilman Simmons - in favor . This motion carried
with four in favor , two against and one abstention to
appoint Mike Hawkins to the P & Z Commission.
The vote on the third motion to appoint Billy Mills was as
follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor , Councilman Swartz - against, Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against , and Councilman Simmons - in favor. This motion
carried with five in favor and two against appointing Billy
Mills to P & Z .
The vote on the fourth motion to appoint Gilbert Welch was
as follows : Mayor Akin - in favor, Mayor Pro Tem Davis - in
favor , Councilman Swartz - against , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against, and Councilman Simmons - in favor . This motion
carried with five in favor and two against the appointment
of Gilbert Welch to P & Z .
The vote on the fifth motion to appoint Roger Smith was as
follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor , Councilman Swartz - against , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against and Councilman Simmons - in favor . This motion
carried with five in favor and two against to appoint Roger
Smith to P & Z.
Mayor Akin declared the new members of Planning and Zoning
to be Mike Hawkins , Billy Mills, Gilbert Welch and Roger
Smith.
PARKS AND RECREATION BOARD: Councilman Messenger made a
motion to re-appoint Bryan Glenn, this was seconded by
Councilman Hughes .
A motion was made by Councilman Simmons to re-appoint Peggy
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Sewell, this was seconded by Councilman Swartz .
31 A motion was made by Councilman Martin to re-appoint Willie
Calverley, this was seconded by Mayor Pro Tem Davis.
The vote on the first motion to re-appoint Bryan Glenn was
as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor , Councilman Swartz - in favor , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
in favor , and Councilman Simmons - in favor . This motion
carried with all in favor to re-appoint Bryan Glenn to Park
and Recreation Board.
The vote on the second motion to re-appoint Peggy Sewell was
as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor, Councilman Swartz - in favor , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
in favor , and Councilman Simmons - in favor . This motion
carried with all in favor to re-appoint Peggy Sewell to the
Park and Recreation Board.
The vote on the third motion to re-appoint Willie Calverley
was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis
- in favor, Councilman Swartz - in favor , Councilman Martin
- in favor , Councilman Hughes - in favor , Councilman
Messenger - in favor , and Councilman Simmons - in favor .
This motion carried with all in favor to re-appoint Willie
Calverley to the Parks and Recreation Board.
ZONING BOARD OF ADJUSTMENTS: A motion was made by
Councilman Simmons to re-appoint Sue Ellen Neal, Gerald
Clark, Michael Cole and Fred B. Bennett and was seconded by
Councilman Swartz. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz
- in favor , Councilman Martin - in favor , Councilman Hughes
- in favor , Councilman Messenger - in favor , and Councilman
Simmons - in favor. This motion carried with all in favor
to re-appoint Sue Neal , Gerald Clark , Michael Cole and Fred
Bennett to the Zoning Board of Adjustments.
LIBRARY BOARD: A motion was made by Councilman Swartz to
re-appoint Cathy Upshaw and Barbara Jennings, seconded by
Councilman Messenger .
A motion was made by Councilman Hughes to appoint Ronnie
Bentley and seconded by Councilman Martin .
A motion was made by Councilman Simmons to appoint Pat
Guess, seconded by Councilman Hughes .
A motion was made by Councilman Martin to appoint Bev
Fulkerson, seconded by Councilman Simmons.
The vote on the first motion to re-appoint Cathy Upshaw and
Barbara Jennings was as follows : Mayor Akin - in favor,
Mayor Pro Tem Davis - against, Councilman Swartz - in favor ,
Councilman Martin - against, Councilman Hughes - against,
Councilman Messenger - in favor , and Councilman Simmons -
against. This motion did not carry with three in favor , and
four against.
The vote on the second motion to appoint Ronnie Bentley was
as follows : Mayor Akin - abstained, Mayor Pro Tem Davis -
in favor, Councilman Swartz - against, Councilman Martin -
in favor , Councilman Hughes - in favor , Councilman Messenger
- against, and Councilman Simmons - in favor . This motion
carried with four in favor , two against and one abstention.
The vote on the third motion to appoint Pat Guess was as
follows : Mayor Akin - abstained, Mayor Pro Tem Davis - in
favor, Councilman Swartz - against, Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against, and Councilman Simmons - in favor. This motion
carried with four in favor , two against and one abstention.
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The vote on the fourth motion to appoint Bev Fulkerson was
as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor, Councilman Swartz - against , Councilman Martin - in
favor , Councilman Hughes - in favor , Councilman Messenger -
against, and Councilman Simmons - in favor . This motion
carried with five in favor and two against.
Mayor Akin declared the new members of the Library Board to
be Ronnie Bentely , Pat Guess and Bev Fulkerson.
WYLIE DEVELOPMENT CORPORATION: A motion was made by
Councilman Messenger to re-appoint Raymond Cooper , seconded
by Councilman Swartz . The vote was as follows : Mayor Akin
- in favor , Mayor Pro Tem Davis - against, Councilman Swartz
- in favor, Councilman Martin - against, Councilman Hughes
- against, Councilman Messenger - in favor , and Councilman
Simmons - against. This motion did not pass with three in
favor , and four against .
Mayor Pro Tem Davis made a motion to table this item and
seconded by Councilman Simmons. The vote was as follows:
Mayor Akin - against, Mayor Pro Tem Davis - in favor ,
Councilman Swartz - against , Councilman Martin - in favor,
Councilman Hughes - in favor , Councilman Messenger -
against , and Councilman Simmons - in favor . This motion to
table carried with four in favor , and three against .
COUNCIL REPRESENTATIVE TO NORTH TEXAS COUNCIL OF
GOVERNMENTS: Steve Wright addressed the Council on the
importance of this board and reflected that it does take a
lot of time. There were several nominations made but the
Councilmen withdrew their names. A motion was made by
Councilman Messenger to appoint Councilman Simmons to the
NTCOG, with was seconded by Councilman Martin. The vote
was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis
- in favor , Councilman Swartz - in favor , Councilman Martin
- in favor , Councilman Hughes - in favor , Councilman
Messenger - in favor, and Councilman Simmons - in favor .
This motion carried with all in favor .
APPOINTMENT OF A MUNICIPAL JUDGE: A motion was made by
Councilman Swartz to table this item, seconded by Councilman
Simmons. The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tem Davis - in favor , Councilman Swartz - in
favor , Councilman Martin - in favor , Councilman Hughes - in
favor, Councilman Messenger - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor
to table.
ADOPTION OF A RESOLUTION IN COMPLIANCE WITH EPA STANDARDS ON
INDUSTRIAL PRETREATMENT PROGRAM: According to EPA
regulations the City of Wylie must adopt a formal resolution
on the City' s Industrial Pretreatment Program. The City is
now under contract with North Texas Municipal Water District
to monitor and run necessary tests on the City ' s Industrial
Pretreatment Program. The City now has eight industries on
this program. A motion was made by Councilman Simmons to
approve the Resolution for the City' s Industrial
Pretreatment Program, with North Texas Municipal Water
District monitoring and running necessary tests. Seconded
by Councilman Messenger . The vote was as follows : Mayor
Akin - in favor , Mayor Pro Tem Davis - in favor, Councilman
Swartz - in favor , Councilman Martin - in favor , Councilman
Hughes - in favor , Councilman Messenger - in favor, and
Councilman Simmons - in favor. This motion carried with all
in favor .
FUNDING SHORTFALL FOR INFRASTRUCTURE NEEDS FOR THE TEXAS
NATIONAL GUARD ARMORY: Wben this project was formulated
f
several years ago written agreements were not obtained . The
commitments that were made but not in writing are as ,
follows :
Collin County Commissioners Court $150 ,000
Texas national Guard 50,000
Centennial Homes 69, 405
City of Wylie 10,000
Total $279 ,405.
Construction is suspose to start in August, but staff feels
that Centennial Homes will not participate. Therefore there
is an additional $69 , 405 needed prior to bidding water,
sewer, street and railroad crossing improvements. There was
discussion of using the Perimeter street funds from this
area to complete the road . A motion was made by Councilman
Simmons to table, seconded by Councilman Martin. The vote
was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis
- in favor, Councilman Swartz - in favor , Councilman Martin
- in favor , Councilman Hughes - in favor , Councilman
Messenger - in favor , and Councilman Simmons - in favor .
This motion carried with all in favor to table.
SPECIAL INVESTIGATION REPORT ON SOUTHFORK MOBILE HOME PARK
AS IT RELATES TO ALL CITY CODES AND MOBILE HOME ORDINANCE:
The Council was given a report on code violations and on the
difference in the master meter usage and individual meter
usage . There is still a large water loss in this area and
it needs to be taken care of . The summary of this report
is, Southfork MHP committed to the extension of McCreary
Road and the sewer lines, instead the City had to do these.
Council has never accepted the water and sewer lines and was
never given a plat to accept and file. There are also
problems with the water , sewer and gas hook ups and non
compliance with the Mobile Home Park Ordinance. Staff is
requesting Council to authorize staff to give the owner of
the mobile home park a date to purchase the individual
meters or city crews will pull these meters and transfer to
the master meter . A motion was made by Councilman Hughes to
proceed with giving Southfork' s owner a two week notice that
the individual meters will be pulled if Southfork does not
send in notice to purchase these meters and that the City
will bill from the master meter from that date forward.
Mr . Scott Van of 171 Christopher Crossing , addressed the
council concerning the residents in Southfork, they have
voiced their opinion that they do not want to be on a master
meter.
Councilman Hughes motion was seconded by Councilman Simmons
and the vote was as follows : Mayor Akin - in favor , Mayor
Pro Tem Davis - in favor , Councilman Swartz - abstained ,
Councilman Martin - in favor , Councilman Hughes - in favor ,
Councilman Messenger - in favor, and Councilman Simmons - in
favor. This motion carried with six in favor and one
abstention.
APPROVAL OF PAY REQUEST #5 FROM E. L. DALTON FOR NEWPORT
HARBOR SANITARY SEWER PROJECT: This pay request is in the
amount of $28 ,849. 9 for work accomplished on the Newport
Harbor project. The City is holding a retainer of 5% plus
maintenance and performance bonds . A motion was made by
Councilman Hughes to approve the payment to E. L. Dalton in
the amount of $28 , 849 . 59, and seconded by Councilman Martin.
The vote was as follows : Mayor Akin - in favor, Mayor Pro
Tem Davis - in favor , Councilman Swartz - in favor ,
Councilman Martin - in favor , Councilman Hughes - in favor ,
Councilman Messenger - in favor, and Councilman Simmons - in
favor. This motion carried with all in favor.
AUTHORIZE LEASE/PURCHASE BASIS LOW BID FROM HOUSTON
GALVESTON AREA COG A REPLACEMENT AND UPGRADE ON, POLICE,
FIRE AND RADIO COMMUNICATION SYSTEM: Through the
Houston/Galveston Area COG through a bid price the City can
replace and upgrade the total system with several options.
The best option will cost approximately $90 ,000 . A '
representative from Motorola has presented another option
which completely replaces and upgrades the old existing
system. This plan will put the fire and police on their own
radio frequency and public works, code enforcement and meter
readers on another frequency. This option would cost
approximately $46, 087 , with a payment plan over the next
five years in the amount of $10 ,849 .95 each year .
A motion was made by Councilman Messenger to table this item
and have staff go out on open market for bids, seconded by
Councilman Swartz . The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Davis - abstained , Councilman Swartz
- in favor, Councilman Martin - in favor , Councilman Hughes
- against, Councilman Messenger - in favor, and Councilman
Simmons - against. This motion carried to table with four
in favor , and two against and one abstention.
CONSIDER CORRESPONDENCE FROM DELOITTE & TOUCHE ON RESULTS OF
PHASE 1 FINANCE DEPARTMENT AUDIT AND DETERMINE APPROPRIATE
RESPONSE TO DELOITTE & TOUCHE AND CONSIDER CITY COUNCIL
DIRECTION TO DELOITTE & TOUCHE ON PHASE 1 FINANCE DEPARTMENT
AUDIT AND DETERMINE APPROPRIATE COURSE OF ACTION: The
representatives from Deloitte & Touche have requested a
meeting to discuss the issue and explain what was done in
Phase 1 . There were some questions on what this firm was to
do and why there was not a written report . A motion was
made by Councilman Simmons to table this item and place the
item on the next work session , was seconded by Councilman
Swartz . The vote was as follows : Mayor Akin - in favor ,
Mayor Pro Tem Davis - against, Councilman Swartz - in favor,
Councilman Martin - in favor , Councilman Hughes - in favor ,
Councilman Messenger - in favor , and Councilman Simmons - in
favor . This motion carried with six in favor and one
against .
CITIZEN PARTICIPATION: Mayor Akin invited those wishing to
address the Council to come forward at this time and to
state their name and address for the record. Mayor Akin
also asked that the citizens keep their comments to five
minutes and to remember that any decision from council would
be to placing the citizens request on the next agenda .
Mr . & Mrs . Rob Ireland of 201 Spence Dr . asked the Council
to place on their next agenda the drainage problem behind
their house and to review their claim for payment. The
water is coming from the alley way and from Oaks Center and
dumps into their back yard . Council requested this item be
on their next agenda for discussion about the alley, and for
review of their claim.
Steve Wright of 406 E. Stone addressed the Council
concerning the Master Plan and Goals committee as to whether
they would be meeting .
Pat Stemple - no one ever came to the Council and thanked us
for the decent roads, I say thank you. Mrs . Stemple also
addressed the council on the $1 .00 donation on the water
bills and stated that most people just pay the bottom line
and did not even know it was there, asked that it not be put
on the water bills again . Mrs . Stemple also addressed the
Council on the veterans plaque, and the money that was given
to Mr . Peddicord and has this plaque been ordered.
Mayor Akin recessed the open meeting and convened Council ;,' !
into Executive Session at 10:00 P.M. under the authority of
Article 6252-17 V.A.C.S . , Section 2 paragraph "e" for
discussion to determine appropriate action relative to items
of litigation involving the following :
1 . Choya Tapp Vs . City of Wylie
2. City of Wylie, et al Vs . Choya Tapp
3 . City of Wylie, Vs . Chemical Recycling, Inc. j
Mayor Akin reconvened Council into open session at 10: 41
P.M. and stated that Council has asked the City Attorney to
investigate the items listed above.
A motion was made to adjourn at 11: 50 P.M. with all in
favor.
John W. Akin, Mayor
ATTEST:
Carolyn Jones, City Secretary
7
CITY COUNCIL MEETING
MINUTES
JUNE 18 , 1991
The City of Wylie City Council met in a called session on
Tuesday, June 18 , 1991 at 7 :00 P.M. in the Council
Conference Room of the Municipal Complex . A quorum was
present and notice of the meeting had been posted in the
time and manner required by law. Those present were Mayor
John Akin, Mayor Pro Tem Jay Davis , Council Members Percy
Simmons, Don Hughes, Jim Swartz , Ortie Messenger and William
Martin, City Manager Bill Dashner , Finance Director Curtis
Warner , Secretary Anita Collins, City Secretary Carolyn
Jones arrived late. Also in attendance was Tom Larson,
representative from Deloitte & Touche.
Mayor Akin called the meeting to order.
CONSIDER CORRESPONDENCE FROM DELOITTE & TOUCHE ON RESULTS OF
PHASE 1 FINANCE DEPARTMENT AUDIT AND DETERMINE APPROPRIATE
RESPONSE TO DELOITTE & TOUCHE AND CONSIDER COUNCIL DIRECTION
TO DELOITTE & TOUCHE ON PHASE 1 FINANCE DEPARTMENT AUDIT AND
DETERMINE APPROPRIATE COURSE OF ACTION: After discussing
the Phase 1 audit by Deloitte & Touche, it was noted that
there was a misunderstanding between Council and Deloitte &
Touche, as the firm did as they had been instructed , however
it was not what the Council thought would be done. Mr .
Larson from Deloitte & Touche stated that the main problem
in the Finance Department was internal audit control . A
motion was made by Councilman Swartz to authorize Finance
Director to prepare plans for computer system for City,
including all hardware and software needed , seconded by
Councilman Simmons. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Davis - in favor, Councilman Swartz
- in favor , Councilman Martin - in favor , Councilman Hughes
- in favor, Councilman Messenger - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor.
The second item of business was to convene Council into
executive session, but a motion was made by Councilman
Simmons to table this item with a second by Councilman
Swartz . The vote was as follows : Mayor Akin - in favor,
Mayor Pro Tem Davis - in favor , Councilman Swartz - in
favor , Councilman Martin - in favor , Councilman Hughes - in
favor , Councilman Messenger - in favor , and Councilman
Simmons - in favor . This motion carried with all in favor
to table.
There being no other items of business, a motion was made
with all in favor to adjourn.
John W. Akin, Mayor
ATTEST:
Carolyn Jones , City Secretary
MEMORANDUM
DATE: June 27, 1991
TO: City Council
FROM: Bill Dashner, City Manage Me _
RE: Discuss and Consider Calling a Joint Meeting of City
Council, Development Corporation of Wylie, Inc. and
The Wylie Chamber of Commerce for July 16 , 1991
Meeting called to discuss the Development Corporation of
Wylie Bylaws as they relate to City Government . Consider
relationship between Wylie Development Corporation function
and Chamber of Commerce Economic Development Committee.
MEMORANDUM
DATE: June 28 , 1991
TO: City Council
FROM: Bill Dashner, City Manage l
RE: Discuss and Consider Appr ving a Grant Application to •
The National Fitness Campaign for the Park and
Recreation Department
The City' s Park and Recreation Director has prepared a grant
application in the amount of $16,850 . This is to construct
a fitness center at the Community Park. If the City is
successful in this grant application the Park and Recreation
Department will have to match the grant amount with $2 ,403 .
Authorization is requested to apply for this grant .
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/61
ORG Number: 64-341-A
FORM APPROVED
NFA No. 64-348-b Exp. Date 12/92
ED FORM
APPLICATION FOR GRANTS
UNDER THE NATIONAL FITNESS CAMPAIGN
FITNESS IN EDUCATION PROGRAM
NArioH+��� gC•
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Name of organization C.,t W l k t e. Pa MA G V'Qox+ t a 0- � a
Address a U 0 n «W% . 1 N P . 0 , B U x 4 as ^T-
City W,1 l La. State 1 c )C.. Zip -1 Sj Oq 11
Name of the National Fitness Campaign staff member representing you to the grant committee ..cxy V4 tn..
Date of Allocations Meeting C--a6- I I Writer's name Z< < N ei Phoneal y-44 a-4'10 0
Proposed Fund Allocation $ t 5) a 00 0 a Date of submission C- a7 r: a
APPLICATION FOR PART I: FACE SHEET
FUNDING ASSISTANCE
1.TYPE OF SUBMISSION 2.Date Submitted 3.Dale Received by NFC
�-�//_ ❑ —
YO New Application Future Enrollment "
• 4.Applicant Information
•
Legal Name ' 1 �`•
! l •j� 1 , - r,
C 1 C NIfC.) 'T W l t $. .\ O.If' KA GI V). 1 L�j.q-Gtr 42_ I O t,A. *.
Address-(give city county stale and zip code) t-� i Name,Telephone Number of Person to be conte ed on matters
1 g N ` • 0• !>04 1 a$ involving this application (give area code) p .
y VS1II e SoV1 ` \n arf� utne� f..2L•
wt, �► e. Te , -09 `$ Cr GA ttA.Cu,►,�y l�sz `� r ►sec tc v a14-1-14a-4 )OO
5.NFC Identification Number. ,_ I 414 L_4 6 ) 16 •
6.TYPE OF APPLICANT:(enter appropriate letter In box) �•l
`-i Name,Telephone Number of Person or Persons If enrollment Is.
A State H Independent School District granted to be contacted for Program Development
B County I Stale Controlled Instilulion of Higher Learning .tK� . `
C Municipal J Private University ► Jt ,I I• l .k c
0 Township K Indian Tribe ��` """
E Interstate L Individual '"'� _ 4 14 a' jJ —?0
o
F Intermunicipal M Profit Organization vC "�4 T
G Special District N Other(Specify)
7.FUNDING
Total funding required for which you are submitting this application $ • .00
Estimated funding for shipping, handling and tax for the programs g .00
• that will be delivered to your organization
Total funding you are requesting $ j V Q o0
Balance of funding to be supplied by your organization 0 3 o0
Is your organization fully funded internally? t Yes ❑ No
What is the source of your funding? Please Explain: G E'Vl tLV ct ' .) &c .4 ci.v.A/Ulf
0..1n( 4a.p0.tivin@1.44 vtic-
Is your funding 100%in place? IJ/les J No
Will you need to raise funds if approved? J Yes u.YNo
If you are seeking matching funds,what is the source? A
Should you be awarded these funds,what additional steps, if any, must you take befo Qu can formal,accept t�Le ward arid fund
the balance required? Please explain timetable for each additional step to be taken: Y�r2_ C t Y'7 ' W
%)v Qa ) �M n v ci►ti �eht i 1ti W V
School use only
Does your district perform mandatory fitness testing? J Yes J No
If so,what testing model do you use(AAHPERD, President's Council,AAU Fitness Gram,Other)?
Does your district teach fitness on a regularly scheduled basis? :.1 Yes U No
Number of schools in District
Number of elemetary schools Number of middle schools Number of high schools
Previous editions Not Usable Authorized for Local Reproduction
PART 2: FUNDING ASSISTANCE APPLICATION
The narrative may have up to two additional single sided double spaced pages. Continued funding for this program in
your organization is dependent on your success with the program. Please describe in detail what resources and circum-
,stances exist that would help to make the program a success and the award appropriate. Please refer to the criteria.
j
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ORGANIZATION ENROLLMENT
Location Location
(1) (5) 1
(2) (6)
(3) (7)
(4) (8)
•
/3 •
.
TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT.THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY
OF THE THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ASSURANCES IF THE ASSISTANCE IS AWARDED AS OUTLINED BELOW
a Typed name of Authorized Representative
I b Tale c Telephone number
BILL NELSON PARK AND RECREATION DIRECTOR 214--447-2736
a Date Signed
d Signature of Authorlxed Representative
1A June 27, 1991
f I, Y—
Assurances—Construction Programs
Just as support in each location and throughout the organization is critical to the success of the program, so is the
selection of each location and installation, It is important that each Fitness Center be placed in a prominent and visible
location, and most importantly, accessible to existing physical education programs. Each Fitness Center must be installed
in accordance with the instructions within four months of receipt. Failure to install within eight months could result in the
revocation of your award. This includes the proper installation of the Fitness Center, ground cover, and the initial applica-
tion of redwood tw
Please initial
Future enrollment plans
Once an organization is participating successfully in the National Fitness Campaign,we support your plans to move
forward with future funding. We do this by giving participating organizations a priority claim on future funding assistance
and linking our budget process to yours.
The number of additional sites you plan to enroll
Approximate timetable for future enrollments
When your annual budget planning begins \)\'
When budgets are approved
For NFC use only
Date reviewed: Approved ❑ Denied ❑
Reasons
Comments
NFC staff signature
The National Fitness Campaign Telephone 731 Market Street
415 781-7100 Suite 200
San Francisco 'j
California 94103
•
•
MEMORANDUM
DATE: June 27 , 1991
TO: City Council
FROM: Bill Dashner , City Manage '7
RE: Discuss and Consider Payment of Claim to Governmental
Service Agency, Inc . for Work Done on Recodification
of City Code of Ordinances .
The City has been in the process of recodification for
approximately two (2) years . Total cost of this contract is
$8 ,500 . This invoice is for $2 , 550 . 00 and will bring the
total amount paid on this contract to $4 , 250 which is 50%
of the contract . Payment is recommended .
5
GOVERNMENTAL SERVICE AGENCY. INC.
Lyndon Plaza
10935 Estate Lane, Suite 475
Dallas, Texas 75238
214/553-7070
—INVOICE —
I
TO: City of Wylie
DATE: June 10, 1991
Payment due on receipt
DESCRIPTION OF PUBLICATION OR SERVICES:
For Codification Services:
Contract Amount $8,500.00
Previously Paid $1,700.00
Amount Now Due (30%) $2.550.00
Balance of Contract $4,250.00
Total Now Due: $2,550.00
Thank you for your business.
100120013001400
I x1 1
/W
,
MEMORANDUM
DATE: June 26 , 1991
T0: City Council
FROM: Bill Dashner , City Manager "44`4
RE: Discuss and Consider Invoice #03-028902-011 From
Jones & Neuse for May 1991 Services at the Wylie
Service Center
Attached is the May invoice from Jones & Neuse in the amount
of $703 .59 for work on the Wylie Service Center
investigation . This brings the total amount billed to date
to $35 ,580 . 74 and represents 93% completion of the $38 , 150
contract amount .
The new monitoring well is in place and the test results are
being evaluated by the Consultant. Payment is recommended.
r1 I .
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ft
)ONES AND NEUSE, INC.
J N 11811 IH-10 East, Suite 275 W lie Service Center
Houston, Texas 77029 7ia-450-188 June 15, 1991 Invoice No. 03-028902-011
2 y
li Mr. Paul Bearer
Finance Director
City of Wylie
2000 Hwy 78N
Wylie, TX 75098
} PM146
Period of Service: May 1, 1991 through May 31, 1991 '
Supply information for disposal of drill settings & water, prepare
letter to TWC, supply analytical results of sampler at the Service Center
and contact regional landfill for disposal information, draft letter to
regional landfill for disposal of cuttings.
Task 1 -
Labor
Env Specialist VI 6 . 000 hr @ $ 85. 00/hr = 510. 00
Technician III 1. 500 hr @ $ 30. 00/hr = 45. 00
Clerk III 1. 750 hr @ $ 30. 00/hr = 52 . 50
607.50
Expenses
Mail/Shipping 2.98
Reproduction 28 .40
Telecommunications . 14
Travel 12 . 07
43.59
Task 3 - Installati
Labor
Clerk III 1. 750 hr @ $ 30. 00/hr = 52 . 50
52. 50
Expenses
No Expenses Incurred This Billing Period
Amount Due This Invoice $ 703 . 59
Budget Estimate 39340. 00
. i
Total Billed To Date
Including This Invoice 35580. 74
Remaining 3759 . 26
PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS. AFTER 30 DAYS, INTEREST OF 1%
PER MONTH WILL BE APPLIED TO AMOUNT DUE.
TERMS:Net cash,due on receipt of invoice.Payable in Houston,Harris County,Texas
A 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT.
.
.
•
MEMORANDUM
>� I
DATE: June 26 , 1991
TO: City Council
FROM: Bill Dashner , City Manage
RE: Discuss and Consider Invoice #03-028901-028 From
Jones & Neuse for May 1991 Services on the Landfill
Closure Project i
Attached is the May invoice from Jones & Neuse in the amount
of $1,116. 12 for work on the landfill closure. The newly
revised $58 ,100 Phase II H Contract is now 78% complete by
$45 ,658 . 72 dollar amount billed to date.
All new monitoring wells are in place. Samples have been
taken and test results are currently being analyzed by the
Consultant . Payment is recommended .
•
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/ I
June 15, 1991 Invoice No. 03-028901-028
J
)ONES AND NEUSE, INC.
11811 IH 10 East, Suite 275 --- Will
Houston, Texas 77029 713-450-1882 —{II��J 1� P.O. No.P013510
IUN ? 4 ; ., ,
Paul Beaver
City Engineer
City of Wylie
P.O. Box 428
Wylie, TX 75098
'11M146
I
Period of Service: May 1, 1991 through May 31, 1991
Attend City Council meeting, preparation of report format, review analytical
results.
Task 1 -
i
Labor
I
No Labor Costs Incurred This Billing Period ; '
Expenses
Overnight Courier 23 . 00
Reproduction Services 6. 69
Long Distance Calls 29 . 07
58.76
Task 2 - Phase II H
Labor
John D. Buchanan 10. 500 hr @ $ 85. 00/hr = 892 . 50
Kevin R. Henningan 1. 000 hr @ $ 65. 00/hr = 65. 00
Tracey Leigh 1. 000 hr @ $ 20. 00/hr = 20. 00
977.50
Expenses
No Expenses Incurred This Billing Period
Task 3 - LANDFILL
Labor
R. Clarance Hamilton 1. 000 hr @ $ 60. 00/hr = 60. 00
60.00
Expenses i
Long Distance Calls 19.86
`19.86
----ram---
Amount Due This Invoice $ 1116. 12
Budget Estimate 113500. 00
Total Billed To Date
Including This Invoice 106784 . 93
Remaining 6715. 07
PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS. AFTER 30 DAYS, INTEREST OF 1%
PER MONTH WILL BE APPLIED TO AMOUNT DUE.
TERMS:Net cash,due on receipt of invoice.Payable in Houston,Harris County,Texas
A 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEOUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT.
•
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MEMORANDUM
4
DATE: June 28 , 1991
TO: City Council
FROM: Bill Dashner , City Manager
RE: Discuss and Consider Approval of Contract Amendment
To the Engineering Contract for the Revised Zoning
Map in the Amount of $1, 121 .72 and Payment of Claim
For $1 , 121 . 72 to Helmberger Associates
Attached is an invoice from Helmberger Associates and a
request from a contract amendment in the amount of $1 ,121 .72
to their existing Zoning Map contract . A total of $452 .34
is related to the emergency Martinez Lane Replat , which I
approved to be incorporated into the existing contract . The
remaining work of $669 .38 is for meeting with Mike Strasser
(attorney) and additional status reports , meetings and
briefing to update the City Engineer and myself due to a
change in management of the Planning Department. The
original date of completion for the draft map was June 21 ,
1991 (drop-dead date) which would have produced the final
map for Council approval . Since the map has been tabled and
additional review necessary, I recommend approval of the
addendum so that the original scope of services can be
clearly identified and related payments made.
•
•
HELMBERGER ASSOCIATES OKVOO DC
CIVIL AND ENVIRONMENTAL ENGINEERS
NELMBERGER ASSOC., IN(', p:87-1343X-4 51
124 FIOOPr=Fl RD. 51
VJYLJ :, [( 7!;098 (214)442-7459
I' +1
City of Wylie INVOICE NO. 9111C
2000 Highway 78 North , LPN# •91a1
P.O. Box 428 DATE : JUNE 18, 1991
Wylie, Texas 75098
Attn: Mr. Paul Beaver, Director of Planning and Engineering
Professional Engineering Services rendered for EXtr& Work
necessary to Continue Preparation of the Official Zoning' Map . of .
the City of Wylie and for Research necessary for the Martinez
Lane Zoning Case. AS DISCUSSED, ALL SERVICES BILLED THIS INVOICE
ARE IN ADDITION TO ORIGINAL CONTRACT AMOUNT FOR THE DEVELOPMENT
OF THE OFFICIAL ZONING MAP.
FOR EXTRA PROFESSIONAL SERVICES RENDERED THROUGH 6/18/91
Salary Expense Martinez Lane Zoning Case:
Staff Engineer 8. 25 Hrs. * $52.50/Hr. = $ 433 . 13
Direct Cost Expense Martinez Lane Zoning Case:
Copies 12 copies * $0. 10 * 1. 15 = $ 1.38
Copies of deeds purchased from Collin County
$15. 50 * 1. 15 = $ 17.83
TOTAL DIRECT COSTS $ 19.21
TOTAL MARTINEZ LANE ZONING CASE $ 452.341
Salary Expense Extra Zoning Map Work:
Staff Engineer 12 .75 Hrs. * $52 .50/Hr. = $ 669.38
TOTAL EXTRA ZONING MAP WORK $ 669.38
AMOUNT DUE THIS INVOICE $1,121.72
i
Inv.#9111C
JEH
WHITE.ORIGINAL YELLOW- REMITTANCE COPY PINK.FILE
MEMORANDUM
DATE: June 28 , 1991
TO: City Council
FROM: Bill Dashner, City Manage
r
RE: Discuss and Consider Payment of Invoice from Shimek,
Jacobs & Finklea for Services Through May 31, 1991
On the Newport Harbor Project
Attached is an invoice from Shimek, Jacobs & Finklea for
$1 ,487 .19 dated June 21 , 1991 for services through May 31 ,
1991 . This brings a total amount paid on this project to
$22 ,459 . 07 which is 95 .2% of the $23 ,600 revised contract .
Please note that $1, 183.90 remains in the special C. T.
Beckham account to be pro-rated at the end of the project .
Payment is recommended .
•
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SHIMEK, JACOBS & FINKLEA i ' ` 5 'I
CONSULTING ENGINEERS 1... .
8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900
To: City of Wylie Date June 21 , 1991
Post Office Box 428
Wylie , Texas 75098 Statement No. 90131 (207)
Services through May 31 , 1991 ,
in connection with Lift Station, Force
Main and Gravity Sewer to Serve Newport
Harbor Estates
General Administration of Construction
Design size of conductors and route from T.U.
Service end to relocated lift station site ;
Review contractor ' s proposal for installing
conductors , and make recommendations to the City.
Time of Personnel : Engineer 20 . 0 Hrs . $1 , 206 . 13
Expense: Electrical $255 .00
Printing 10 .71
Automobile 10 . 21
Telephone 5. 14
281 .06
II
$1 , 487 .19
MEMORANDUM_
DATE: June 26 ,1991
TO: City Council
FROM: Bill Dashner , City Manage
RE: Discuss and Consider Proposal from Lone Star Gas to
Provide Natural Gas to the Municipal Building to
Replace the Existing Propane Service
One June 6 , 1991 Lone Star Gas made a proposal to the City
to provide natural gas to the Municipal Building to replace
the existing propane service. Their proposal is based on
the fact that they will also be providing natural gas
service to the Texas National Guard Armory.
Extension of the LSG mainline $28 ,895
to the Municipal Building
(Texas National Guard will also be
paying $28 ,95 )
Service line from Highway 78 $ 280
to the Municipal Building
Conversion of Heating units to $ 3 ,837
Natural Gas from Propane
TOTAL COST TO THE CITY OF WYLIE $33, 012
Under average conditions the use of natural gas in lieu of
propane would be an approximate average annual savings of
$2 ,092 .
•
MEMORANDUM
TO: Bill Dashner, City Manager
FROM: Paul D. Beaver, Director of Planning & Engineering 94
DATE: June 20, 1991
SUBJECT : Lone Star Gas Service Analysis
1 have reviewed the June 6, 1991 Lone Star Gas proposal to ,
provide natural gas to the Municipal Building to replace thel
existing propane service. The following information is known:
a) The 15 roof-top heating units are 4 years old ;
b) The proposal is based on joint service through a
3" poly line to the Wylie Municipal Building and
the proposed Wylie National Guard Armory;
c) The distance from the existing LSG mainline to the
Municipal Building is approximately 6, 500 feet.
(An additional 2, 800 feet is required to take gas
service to the Texas National Guard Armory) ;
d) The total 3" poly pipe cost for service from the
existing LSG mainline to the Municipal Building
and Armory is shared as follows :
City of Wylie $28, 895
Texas N. G. Armory $28, 895
Total Transmission
Line Cost (2 Party) $57, 790
e) An additional cost will be necessary to provide
the service line from Hwy. 78 to the Municipal
Building. This cost is estimated at $280 (550
feet x 0. 51/ft. with LSG providing the pipe fusing
and plumbing inspection;
f ) The propane to natural gas additional conversion
cost at the heating units themselves is $3, 837. 00;
g ) A natural gas cost to the customer of $5. 50/mcf
was confirmed as reasonable.
Therefore, the total cost to the City of Wylie is :
I
Wylie Share Transmission Line $28, 895
Service Line $ 280
Heating Unit Conversion $ 3, 837
$33, 012
Lone Star Gas presented three scenerios of annual natural gas
use :
' I
1 . MILD CONDITIONS
Propane Propane N. G. Volume N. G. Savings
Volume Price/gal mcf
7, 425 gal $0. 64 680 $1 , 011
8, 500 gal $0. 64 779 $1 , 157 i.
9, 000 gal $0. 64 824 $1 , 225
•
2. AVERAGE CONDITIONS
Propane Propane N. G. Volume N. G. Savings
Volume Price/gal mcf
7, 425 gal $0. 75 660 $1 , 828
8, 500 gal $0. 75 779 $2, 092
9, 000 gal $0. 75 824 $2, 215
3. COLD CONDITIONS
Propane Propane N. G. Volume N. G. Savings
Volume Price/gal mcf
7, 425 gal $0. 92 680 $3, 090
8, 500 gal $0. 92 779 $3, 537
9, 000 gal $0. 92 824 $3, 745
Therefore, for analytical purposes, under average conditions the
use of 779 mcf of natural gas in lieu of 8500 gallons of propane '
( $0. 75/gal ) would lead to an annual average savings of $2, 092 per ,
year .
The payback period assuming constant energy costs is calculated ' '
as :
$33, 012 Total cost
15. 78 years
$ 2, 092 Annual Savings
In conclusion, due to the length of time ;°� "
to the "break tVMTi��
point", the major reason for participation in this project is
reliability of a fuel source during inclement conditions.
Please note that the construction of an expansion building with
new natural gas heating units would make this concept of the
natural gas transmission even more feasible and lessen the
payback period.
'27 M �
MEMORANDUM
DATE: June 27 , 1991
TO: City Council
FROM: Bill Dashner, City Manage filtt't
qf, ,
RE: Discuss and Consider Approval of Memorandum of
Understanding on the Financing of Traffic Control
Signal on State Highway 78
In the event the State Department of Transportation does not
fund this project , attached is a Memorandum of Understanding
Agreement between Brookshires Grocery Co . , Eckerds Drug Co . ,
and the City of Wylie to share in design and construction
work on a equal basis . Project will have to be designed and
then competitive bids will have to be sought for the
installation. The exact cost will not be known until bids
are opened .
Attachment : Memorandum of Understanding
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CITY OF WYLIE
2000 HWY. 78 N. - P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF WYLIE, BROOKSHIRES GROCERY CO . AND ECKERDS DRUG CO.
This agreement and this memorandum of understanding will provide
the financing for the design work and all costs associated with :
installation of traffic control signals to be placed on State
Highway 78 as approved by the City of Wylie and Texas State
Department of Transportation .
All three (3) parties being , City of Wylie , Brookshires Grocery ;
Company and Eckerds Drug Company agree that all costs of the
traffic signal will be shared equally. The cost will be split
three (3) ways. The cost will be determined by the competitive '
bidding process after bids have been solicited by the City of !
Wylie. Eckerds Drug Company and Brookshires Grocery Company ;
agree to transmit to the City of Wylie their appropriate share of
the cost after a contractor has been selected and the exact cost '.
has been determined . In the event of change orders or any
charges that would necessitate additional funds all three (3) '
parties further agree to share these costs .
Approved by authorized agents with authority to execute this
agreement .
Brookshires Grocery Company
Eckerds Drug Company
City of Wylie, Bill Dashner, City Manager
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CITY OF WYLIm
2000 HWY 78 N — P.O. BOX 428
WYLIE,TEXAS 75098
214-442-2236
June 27, 1991
Mr. Leroy Wallen
District Traffic Operation Engineer
State Department of Highways &
Public Transportation
P. O. Box 3067
Dallas, Texas 75221
I ,
Re : Proposed Hwy. 78 Signal Light
Brookshire' s location
Dear Mr. Wallen:
On Tuesday, June 25, 1991 the City of Wylie City. Council
authorized the submittal of the attached JBM Consulting
Engineers' traffic study to the State Highway Department. This
study analyzed the need for a traffic signal to be placed west of
the intersection of Hwy. 78 and F. M. 544 near the new
Brookshire' s Grocery Store.
The City of Wylie feels that there is an urgent need based on
safety issues for a signal light to be installed at this
location. The increased traffic in this area due to the proposed
opening of Brookshire' s on September 1 , 1991 , will only aggravate
a bad traffic situation that now exists .
Therefore, the City requests that the State Highway Department
initiate the necessary engineering traffic signal design and
install the recommended signalization for the design location.
The City considers that these costs are state expenses since the
state has the design expertise and this is a state highway.
Since this is a fast track project with a store opening in the
near future, please initiate the design as soon as possible and
notify me if I can be of any assistance.
Sincerely yours,
Paul D. Beaver, P. E.
Director of Planning & Engineering
xc: Bill Dashner, City Manager
Dannie Cummings, JBM Consulting Engineers
William Lovil , State Hwy. Dept. , McKinney
•
MEMORANDUM
DATE: June 28 ,1991
TO: City Council
FROM: Bill Dashner , City Manage
RE: Discuss and Consider Acceptance of Proposal from JBM
Consulting Engineers to Design Engineering Plans and
Specifications for Traffic Signals on State Highway 78
Attached is a proposal to engage JBM to prepare plans and
specifications for signals in the area of Brookshires Grocery
Company, Inc. The cost of this work is $6 , 500 to be shared
equally by the City, Brookshires and Eckerds .
II
1
3
July 28 , 1991 JIlII�IIlvi��u CONSULTINGENGINEERS
Mr . Bill Dashner Johnson, Brickell, Mulcahy&Associates, Inc.
City Manager 17440 Dallas Pkwy.
City of Wylie Suite 242
2001 Hwy . 78 N. Dallas, TX 75287
} Wylie , TX 75098 (214) 380-1453
Dear Mr . Dashner :
In accordance with your request , the firm of Johnson, Brickell ,
Mulcahy and Associates , Inc . is pleased to submit the following
proposal to perform traffic engineering services with regard to
traffic signal design plans for the Brookshire Grocery Co . drive
way on SH 78 south of FM 544.
SCOPE OF SERVICES
The work efforts for this project include those engineering
services necessary to finalize traffic signal control plans ,
specifications , and contract documents in sufficient detail to
allow the City to accept bids for the construction of traffic
signal controls at the study location.
The following engineering services will be completed for this
project .
I . Data Collections
A. Peak hour turning movement counts .
B. Inventory of existing geometrics .
C. Review of City and State maps and plats pertinent to this
project .
D . Underground utility locations from utility companies .
II . Base Map Preparation
A. Field notes and the existing maps and plats information
will be converted into computer (AutoCAD) format .
B . Base map will be developed at a scale of 1" = 20 ' .
III . Preliminary Plan Preparation
A. Preliminary signal design developed .
1 . Based on existing and projected traffic counts .
2 . Based on Texas MUTCD criteria .
3 . Based on City of Wylie specifications and guidelines .
B . Aspects of the preliminary plans .
1 . Signal layout .
2 . Wiring data.
3 . Signal phasing.
4. Bill of materials .
5 . Standard detail sheets .
6 . Typical traffic control through construction details.
Herbert J.Johnson,P.E.•Gerald L.Brickell,P.E.•Edward J.Mulcahy,P.E.•Dannie R.Cummings,P.E.•James V.Dickinson,P.E.
Brian G.Larson,P.E.•Frederick D.Schmidt,P.E.•Thomas G.Swenson,P.E.•Timothy A.Chalupnik,P.E.
Kansas City, Missouri • Des Moines, Iowa • Dallas, Texas • Olathe, Kansas • Minneapolis, Minnesota
•
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3Q2
7 . Specifications .
8 . Contract documents .
IV. Review and Field Check
A. Preliminary plans submitted to City and SDHPT.
B. Consultant available to attend a field check of plans if
requested by City or SDHPT.
V. Final Plan Preparation
A. Signal plans will be revised as necessary to incorporate
City' s and SDHPT' s review comments .
B. Plans , specifications , and contract documents will be
provided in sufficient detail to allow the City to let a
contract for the installation of the proposed signals .
C . Complete originals of the plans , specifications , and
contract documents will be provided to the City .
D . A detailed engineer' s cost estimate will be prepared .
E. Ten sets of the final construction plans and contract
documents will be delivered to the City .
F. Computer diskettes of the plan files will be delivered to
the City .
• SCHEDULE
The Consultant is prepared to initiate work immediately upon an
• authorization to proceed . The final plans , specifications , and
contract documents as outlined in the scope of services would be
completed within 45 days of the receipt of a notice to proceed.
This schedule does not include the time required for the review
process by the City and the SDHPT.
COST
The Consultant is prepared to complete the scope of services
outlined in this proposal on a lump sum basis for a fee of Six
Thousand Five Hundred ($6500.00) dollars . The City will be
invoiced at the end of each month during which the Consultant
works on the project up to 90% of the fee. A final invoice will be
transmitted upon final acceptance of the plans by the City .
ACCEPTANCE OF PROPOSAL
o We certainly appreciate this opportunity to be of service to you
and hope that this proposal meets with your approval . Please do
not hesitate to contact our office should you have any questions
concerning this transmittal .
If this proposal does meet with your approval as to content and
form, we have included a signature block for the City ' s officials
to sign and date. My signature below signifies the acceptance of
Johnson, Brickell , Mulcahy and Associates of this agreement .
•
Loqj
Respectfully submitted,
Johnson , Brickell , Mulcahy
and Associates , Inc .
Dannie R . Cummings , P. E.
Principal Engineer
Approved by :
Date:
Attest by :
Date:
MEMORANDUM
1#
DATE: June 24 , 1991
' TO: City Council 1
FROM: Bill Dashner, City Manager of
RE: Discuss and Consider Acceptance of Certain Real
Property to be Permanently Dedicated as City of Wylie
Alley Property and Accept Permanent Maintenance of
The Property.
This is an alley that is actually privately owned property
but has been used by the City for many years as an alley. I '
Property owners have transferred this real property to the
City by way of title and deed. This transfer had to be
done to clear title to the property. Therefore I am
recommending that the attached real property which is
dedicated and is located between Marble on the North, Keefer
on the East and Cottonbelt on the West be accepted by the
City of Wylie as a permanent alleyway.
Attachment: Supporting Documentation
•
35.....
MEMORANDUM
DATE: June 25 , 1991
TO: Bill Dashner, City Man4da
FROM: Steven Deiter , City Atto `"y
RE: Alley Behind 108 North Cot • onbelt
I have reviewed the Quit C aim Deed for "a certain alley
lying behind parts of Blo- k 9 in Keller ' s Second Addition
Revised , to the City of Wylie, Collin County, Texas . I am
of the opinion that the Quit Claim Deed conveys sufficient
title to the City sufficient title for the alley therein
reference to the City. However , I make this opinion with
some limited reservations .
I believe the description used in the Quit Claim Deed is
somewhat deficient in that it only provides the alley lying
behind the grantors properties . If I were drafting the deed
I would state some approximate dimensions for the alley such
as its width, its length, how much of it was actually
conveyed on the grantors respective properties , what side,
direction wise, the alley actually laid from the property
(the deed description merely state behind the property which
is very vague) and make further attestation to the land
being conveyed as that which is currently used and set out
as an alley.
However , my understanding in this case is that the property
owners have been cooperated in dealing with the City. I am
also aware in the difficulties involved in getting four (4)
separate property owners to sign a deed and the
inconvenience it would impose upon them to go back and get a
second deed . Given these additions and given the further
circumstance that the deed is conveying an alley which is
already in use and could likely be accurately measured and
ascertained, if a situation arose where it would need to be,
I am approving the deed and do not require any further
provisions .
The same deed should of course be recorded at the City' s
earliest convenience.
If you require further action on this matter please advise .
36
SAFECO LAND TITLE
OF PLANO
3115 WEST PARKER RD• SUITE 540
P.O. BOX 866335• PLANO, TEXAS 75086-6335
(214) 596-2005
(214) 596-2008 FAX
June 20, 1991
Mr. Paul Beaver
City of Wylie
2000 HWY 78 N
Wylie, Texas 75098
RE: 108 N. Cottonbelt
Wylie, Texas
Dear Mr. Beaver,
Regarding the above captioned, enclosed herewith you will find the following: l.
Certified copy of executed Quit Claim Deed
Certified copies of the Warranty Deeds for the 4 individuals on the QC Deed
Original survey on 108 N. Cottonbelt Ave.
Copy of original plat filed in 1888
Copy of additional plat
If you need anything further, please let me know.
Yours Sincerel
Vicky R. Pierce
Escrow Officer
Encl.
37
SURVEY PLAT
TO THE LIENHOLDERS AND/OR THE OWNERS AND/OR PURCHASERS OF THE PREMISES
SURVEYED AND TO SAFECO LAND TITLE COMPANY :
; 3This is to certify that I have made a careful and accurate survey of the
property located at I08N. CnrTCW 91 LT Avenue in the City of Wylie, Collin
County , Texas , described as futlows :
Situated in Collin County , Texas , and being the North 1 ' of LOT 9 , and
the South 62 ' of LOT 10 , BLOCK 9 of KELLER ' S SECOND ADDITION REVISED, an
Addition to the City of Wylie , Texas , according to Map thereof recorded
in Volume 1 , Page 111 , of the Map Records of Collin County , Texas .
XI
I x •
L. •
KJ
•
THIS PROPERTY DOES NOI LIE IN Al
•
• • FLOOD HAZARD AREA ACCORDING TO
THE F.E.MA.FLOOD INSM MITE MATT
0 7' 10 THE PROPERTY LES V4 Z •C'
•
B L K 9 COM.PANEL NO.4/Z0 7.s
ZV •
48.0 CV
•
ONE STORY BRICK RES. u)
+V
o c- LOT 9
s.2„ '
20.2 j
24.6 ,-- 7.z
CA
•
•
63. 0 _. : o
•
• G2 •
108 N'. COTTON BELT AVENUE
I hereby certify that on the AZT'bey of are/NE:19 , this survey was made on the ground se per the field notes shown on this survey
end is true, correct, and accurate as to the dimensions of the sublet* property and the size, location and type of buildings and improvements .
thereon, if any. The survey shows ell easements and visible Casements of which I have knowledge or have been advised affecting the subject
property. There are no encroachments. conflicts, or protrusions visible on the ground other then those shown.
DM: n/ /99/ .roe«: yr-746 By: ,V24.44e(17
GF: /9p Resist Professional Engineer
Z/ R aedPublicSurvsyor
Scale: / /'s020 '
D regond: o F Conner e'
L once * ti [JlJS
• Steel Rod Found HAM!a WILLI
• Steel Rod Set ,^ 7 380
••ssoCtAtes,INC.
— x__ Chain Link Fence ,Aop0u��vo� Surveying & Engineering
Wood Fence 1301 W.beltline,Ste. 117E
Property Line _ Carrollton,Texas 7S006
./
"tie
13 CITY OF' WYLIL
2000 HWY 78 N - P.O. BOX 428
WYLIE,TEXAS 75098
214.442.2236
June 20, 1991
Mr. Ronald E. Cox
108 North Cottonbelt
Wylie, Texas 75098
Re : Alleyway Dedication
and City Maintenance
Dear Mr. Cox :
This letter is to state that the City of Wylie accepts as
public property the portion of the alley located between
Marble on the north, Keefer on the east, and Cottonbelt on
the west, and more specifically the lots and related owners
listed below :
Cox Lot *** Block 9 ***North 1 ' of Lot 9 and South
62' of Lot 10
Williams Lot *** Block 9 ***North 8' of Lot 10
Brundidge Lot 1 Block 9 also known as Lot 6 & 7, Blk 5
Harris Lot *** Block 9 ***South 62' of Lot 9 in Blk 9
Please note that in the future the City will maintain this
portion of the alley referenced above which connects to
Marble Street.
Sin r y yours,
Bi 1 Dashner
City Manager
BD/ lp
xc: Paul D. Beaver, Director of Planning & Engineering
3
Prepared by the State Bar of Texas for use by lawyers only. Reviewed
1-1-76. Revised to include grantee's address (art. 6626, RCS) 1-1-82.
The undersigned authority hereby
certifies that this a true and
QUITCLAIM DEED correct copy of the original Instrument.
SAFECO D T LE of PLANO
BY:
THE STATE OF TEXAS "V
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
That WE, RONALD EVAN COX AND WIFE, BETTY JEAN COX, DENNIS WILLIAMS, DAVID BRUNDIDGE,
and LLOYD HARRIS AND WIFE, DONNA HARRIS,
of the County of Collin , State of Texas , for and
in consideration of the sum of....TEN..AND..NO/.1.0Q DOLLARS
in hand paid by the grantee ... herein named, the receipt of which is hereby acknowledged, have QUIT-
•
CLAIMED, and by these presents do,9U'TCLAIM unto . ....THE CITY OF WYLIE
of the
County of, Collin ,State of Texas , all of their right,
title and interest in and to the following described real property situated in Collin „ .. ,.County,
•
Texas, to-wit:
that certain alley lying behind all of the above mentioned Grantors' properties,
said properties being known as follows:
Situated in Collin County, Texas, and being LOTS * in BLOCK *
of KELLER'S SECOND ADDITION REVISED, an Addition to the City of Wylie,
Texas, according to the Map thereof recorded in Volume 1, Page 111, of
the Map Records of Collin County, Texas.
** Cox LOT *** BLOCK.' 9 *** North 1' of LOT 9 and South 62' of LCT
Williams LOT ***BLOCK;: t*** North 8' of LOT 10
Brundidge . LOT BLOCK' ' 11410 46-,•.) A^'o I-cx-t .c
Harris LOT *** BLOCK. 9 *** South 62 ' of Lot 9 , in Block 9
• a.
TO HAVE AND TO HOLD all of their right, title and interest in and to the above described property
successors
and premises unto the said grantee. . , ...its I and assigns forever, so that neither .they nor
their heirs, legal representatives or assigns shall have, claim or demand any right or title to the
aforesaid property, premises or appurtenances or any part thereof.
EXECUTED this 19th day of June , A. D. 1991 .
Ca.,A.0.4) aJaAAX+
Ronald Evan Cox Deis Willi
Polo
Betty`Jee'n Cox , by anndhrough her David Brundidg
a e ,At r i ,Ronald Evan Coxfig n
o Y d err a •
/ O
Mailing address of cach grantee:
Name: CITY OF WYLIE Name:
Address: Address:
1I
(Acknowledgment)
STATE OF TEXAS
1 .,
COUNTY OF COLLIN
This instrument was acknowledged before me on the 19th day of June ' . 19 91 .
by RONALD EVAN COX, INDIVIDUALLY AND AS AGENT ,ATTORNEY -IACT FOR BETTY JEAN COX.
4-4,&L,(____
My commission expires: )--'U
oommeemonem00000000mm000mmope Notary Public,State o exas
.. s. Krt.II,INVICE Notary's printed name.
.� Notary Mee.Stets el Tau
•a �= Ply Conmttslon Film 0/•22-1945
(Acknowledgment)
STATE OF TEXAS
COUNTY OF COLLIN 1
This instrument was acknowledged before me on the e 2 0 lay of June^' , 19 91 .
by DENNIS WILLIAMS.
`� T
My _-(L__\
commission e "
u� VICKY, MICE Notary Public,S4 e of Texas
porsp Mottry'/uttlM;•IIMs•el Tps
Notary's printed me:
`4 1S Sty CORNII�tsten M 0:12.1995
IHBInf Acknowledgment)
r�
STATE OF TEXAS
COUNTY OF COLLIN 1 ,
• ,
•
This instrument was acknowledged before me on the as day of June . 19 91
by DAVID BRUNDIDGE •
e)c
outimaiiiarmackosbeitmbeatiticoarpondianc
Mycommi io ,` DEBBIE R.EAKIN
,P4/4 -t 1..-) A°. KG44 '
,
i i Notary Public Notary Public.State of Texas
STATE OF TEXAS Notary's printed name:
„,�. My Comm. L0.004143 -.Pe,h b/L` P. t ,9 w.l I"
•
AFTER RECORDING RETURN TO:
CITY OF WYLIE
•r
1 ;
(AcknMleda.est)
STATE OF TEXAS •
COUNTY OF COLLIN
• This instrument was acknowledged before me on the a p 1- . day of June '19 91
by LLOYD HARRIS AND WIFE, DONNA HARRIS
Z%IL A
Notary Public.State of Texas
Notary nca b(ppeintsty r2 �4 K-/
yle
.s
Dalai R.SPAN •
* Nolttry PtrbIs
STATE OF TEXAS
�'► a, w Cure,tom.0a41418
•
(Ackas tI. newt)
STATE OF TEXAS
COUNTY OF j
•
This instrument was acknowledged before me on the day of .19
by
Notary Public.State of Texas
Notary's name(printed):
Notary's commission expires:
•
(Adman lastweet)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of .19
by
Nutary Public.State of Texas
Notary's name(primed,:
Notary's commission expire:
.,
� :•
�Q. .ter '•{,•;,.
50207
a GENERAL WARRANTY DEED 491 -' �¢•'i' -'vex 4rki
•
THE STATE TEXAS )es. KNOW ALL MEN BY THESE PRESENTS '
r�L.. `• COUNTY OF COLLIN )
a yar �;•
r ►f.C
%F'�• THAT CURTIS GLENN PRINCE AND WIFE, CYNTHIA K. PRINCE of Clarke County• Georgia, ,
y'�. • acting herein by and through our duly authorized Agent and Attorney-in-Fact,
• i', •Y John S. Cooper, herein called Grantor (whether one or more), for and in
'. , . .' consideration of the sum of Ten and No/100 Dollars ($10.00) and other good
r • 1"'.1 •
and valuable consideration to Grantor in hand paid by RONALD EVAN COX AND WIFE,
"Grantee," mailingaddress is 108
•#.4 =, :4;,'. BETTY JEAN COX, hereinafter called Grantee,
� NORTH COTTONBELT, WYLIE. TEXAS 75098, Collin County. Texas, the receipt and
((+55'''A• . • �' sufficiency of which arc hereby acknowledged, and the further consideration
#1 !' t S
,r.,• ;. '• of the execution and delivery by said Grantee of one certain Promissory Note
r' ;:. '' in the principal sum of FIFTY THOUSAND AND 00/100 Dollars (50,000.00), of even
f.-
1 �.'�' :•.; •':,•.•., date herewith, payable to the order of Mercantile Mortgage Corporation, •
hereinafter called "Mortgagee," hearing interest at the rate therein provided;
t,.,y,,.y , f said Note containingattorneys lee clause and various acceleration of maturity•}',y�-+, ;• clauses in case of default, and >eing secured by Vendor's Lien and Superior
r::•; `�' Title retained herein in favor of said Mortgagee. and also being secured by
Z ",;*,' Deed of Trust of even date herewith from Grantee to Jim C. Hodge, Trustee,
'ti:
•
`,`• and WHEREAS. Mortgagee has, at the special instance and request of Grantee.` . 47:ce.• paid to Grantor a portion of the purchase price of the property hereinafter
:MM" '"~.` escribed, as evidenced by the above-described Note, said
s eVendor's
t of s Lien
id noand
n
;'•�yh ' Deed of Trust Lien against said property securing the pay
•
v;Li ,
•vM1,��. are hereby assigned, transferred and deliverwJ : r Mortgagee. Grantor hereby
•
er,� conveying to said Mortgagee the said Superior Title to said property.
. t`� • aubrogating said Mortgagee to all the rights and remedies of Grantor in the
41%, premises by virtue of said liens;
tw3' And Grantor has GRANTED, SOLD and CONVEYED, and by these presents does
t is', GRANT, SELL and CONVEY, unto said Grantee. the following described property
��."t ',, located in Collin County, Texas, to-wit!
�"+i''n BEING THE NORTH 1 FOOT OF LOT NINE (9), AND THE SOUTH 62 FEET
` '' •
OF LOT TEN (10), IN BLOCK NINE (9), OF KELLER'S-SECOND ADDITION
--'l',r REVISED, AN ADDITION TO THE CITY OF WYLIE, TEXAS, ACCORDING TO
THE PLAT THEREOF. RECORDED IN VOLUME 1, PAGE 111 OF THE MAP
RECORDS OF COLLIN COUNTY, TEXAS.
e ,'
�'' TO HAVE AND TO HOLD the above-described premises, together with all and
1.1 1:.. singular the rights and appurtenances thereunto in anywise belonging unto said
hh' l' Grantee. Grantee's heirs and assigns. forever. And Grantor does hereby bind tr��,i+i '' Grantor, Grantor's heirs, executors and administrators, to VARRANT and FOREVER
• •t•0 DEFEND all and singular the said premises unto said Grantee, Grantee's heirs
•
'? • and assigns, against every person whomsoever lawfully claiming or to claim
>`t, f j, the same or any part thereof.
�1.
rpi/ This conveyance is made subject to all and singular the restrictions.
' l easements. conditions and covenants. if any. applicable to and enforceable z•
•
,••.>., .,; against the above-described property as shown by the records.of said County. ` #'
{ :,,. It is expressly agreed that the Vendor's Lien is retained in favor of ;,9�:, yf.
P y gpremises and '
�" s�.�, the Payee of said Note against the above-described property, z..�?
tt ' rr.% improvements, until said Note and all interest thereon shall have been fully • .+,•, J
I. •;' • paid according to the terms thereof. when this Deed shall become absolute. 41,,. ,
t : 1 '•' When this Deed is executed by more than one person. or when the Grantee t•,(
F�•.X
.;';,r; is more than one person. the instrument shall read as though pertinent verbs. ,
K nouns and pronouns were changed correspondingly, and when executed by or to S
•
' � �h The undersigned authority.hereby
!L, that this a true and Y� ;r ''
e.r.;'1 M original instrument. )�: •
• � E��t�et f•�,1�V of the �,A( .•,.
. - SAFEC O-- 1TLE of PLANO r cb `6`x
` fit"?'" BY:: it klykA&_ ....
•
' ,? 't4 a corporation, the words "heirs, executors and administrator'" or "heir@ and
• .,•n• F`,-w,f. 1. • • `'- 1.;gt assigns" shall be construed to mean "successors and assigns." '
' .,I. } y,�•" I:,,,., EXECUTED on this the 6th day of AUGUST, 1984.
of ,. ' r.•.: ..t.,..:.
.`trf..: /
•
• . , ER, As gent and Attorney-la-
Y.<. ; ' ct for CURTIS GLENN PRINCE and wife, $ •
C ' "•, CYNTHIA I. PRINCE •
t''
• • e '- INDIVIDUALS) ACKNOWLEDGEMENT .
THE STATE OF TEXAS )
COUNTY OF COLLIN )ss. .
.'" • BEFORE ME, the undersigned authority, on this day personally appeared
. JOHN S. COOPER, known to me to be the person whose name is subscribed to the
Sty', foregoing instrument, and acknowledged to me that he executed the same for
f;,•; , • , the purposes and consideration therein expressed and in the capacity therein
: stated. •
B/
• [
` Hy commission expires
• .1;?; ~.� Notary ic. State of Texas i„ -
•
o op.:
JEAN NOIRS.Nevi i
'e ;r: • MMIMIMIYMAT �y
;;V1i; ,
•
j4 r7.hii ---
1 T' ,
1.
I, :;a ; ,;is';• ,i
•• N4- -•
. Return tot -f�{• .
I' ,''',,, - ' Mr. 8 Mrs. Ronald Evan Cox '`X.
',....II ' 108 North Cottonbelt . '
Wylie, Texas 75098 414,N?il'
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rr4yrlt,,; .,1ti'i.. , . 1„i':r• ,. ' 17J..?f','•' i a �• t°`.' •"r. l e.'I.'•rfi4 ,I'' r vjw�x ie, r (4Aa'i if�r. I ,
,, Y . ;lr J .,J.C• r,.. r i 1t 1;,. , P" y• �S+ .�J•T r,1 !:;
Z cr Drafted Without Title Examination ",' il�cy
�rdcs=or aa�ww raw n►cmu rr�.�Y�c n a�i -- r ems✓..•=ar r��n.�s�i.
, 2 5i 't , t ;�'ty �t>'
. /},�� + a� y r , r to ,1,• ..,...4t,?71". ti .St
}� t r , Y/ � �`� Y� �Qrii�� � f t -4 1 f 1•�•,�,F �r':
ytv,r;..t , tuitti All Mtn NI �lhrar f rrarnta: t a,,,t, ,,;�,',t;ir,•, ,j
h,, • .ti 4 t., ensuUtg Of COLLIN ( uur
�., vol.1585nof 800 ''
>�� t:y,�; f,�( That We, BILLY L. FOSTER and wife, FLORENCE L. MUELLER, herein /
ru•$S ic r,rx called Grantors ,
t ' i of the County of Collin State of Texas for and in consideration,e4 r;!,fn; l i
ry �i1 of the sum of TEN AND NO/100
' ;,1Z
rt ($10.00) DOLLARS '
and other good and valuable considerations l•,,,
fi ,. to sae in hand paid by DAVID WOODROW BRUNDIDGE, the receipt of which is 1 '
s hereby acknowledged and confessed: ( r' ,
r dF • alltXdfKt 1' ' i� � '•4
• ,t t%-,,.;t.. 1,..yeb9 1 k.
. ,
� •II:Tetituiensdersigno, ;
, .:run' fit. I
that this is
of the r`• ,;1i I cocc EC�Pv NC) t(i_t ,.,t r L.r.tyo ;�'r,�,
C
[� j
r 8 �i
. ..
. , , •
. . . .
..
,.... 1: , • .;,.., ,,,,, , ,. , •
., I have Granted, Sold and Conveyed, and by these presents do Grant. Sell and Convey unto the said 1+ A i N
r
tt DAVID WOODROW BRUNDIDGE, herein called Grantee j
'i' afr of the County of Co3.lin State of Texas all that certain 1 �' t`h' . ' r ,
. ,., ii
lot, tract or parcel of land situated in Collin County, Texas, to-wit: " !. + .n ' .{
BEING Lot One Cl) in block Nine (9) of KELLER'S SECOND ADDITION an I Y,1.>,,`�'`'
Addition to the City of Wylie, Texas, according to the Mapthereof, k,„ f•` +,•:. •'
cad in Volume 1, Page 11 f the_•••Me` Re rds of o11i T 8 k�;• r''4� r'.:
and formerly known as Lots 6 6 7 in B1k 5�t000r�ng to vo�. 35,�aCCj�� OR IAA 'i •.„„ft t 'I N,t ii ,
•
This deed is executed and delivered subject to any and all easements, 1 �,r `�`r,��it; �'°
reservations, conditions, covenants and restrictions as the same ) ,1 u ti! t 4r �`J ° r.• '
appear of record in the office of the County Clerk of Collin County, ( .; '. ;,ttZf; �' ^,�,!•'
Texas. 1 ,,tt
r i} a **" and being the same property conveyed to the Grantors herein by deed recorded in m 't ''F' `�y�, '
the office of the Aounty Clerk of Collin County, Texas, on May 7, 1980, under ; ' ' 'x 4' ; �;,
Clerk's File No. 14238. ' , , ,' h '� .? `
This deed is re-recorded for the sole purpoee of clearifying the legal description. ,"+ ; ` ^'�l�,1E �, Ri 1`
•,a i, 1415*gip,
r ',1. 1�l di• ��-
3., ' TO HAVE AND TO HOLD the above described premises, together with all and singular the 1 ) i'fGlyIyr etit, 'yn ,•t'
f rights and appurtenances thereto in anywise belonging unto the said Grantee, his ','",1. , ‘,'t
.. r heirs and assigns forever and we do hereby bind ourselves, our , ',±q: •••• r
U ,j j'r heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises 4t r, d, t►! � , "
.. unto the said ?' 1V ! �, ," ,,, ,i•,
L�, Grantee, hie r1 J
V.
d 1 d , `. heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any 1111 '''3 ,t1.1f`yi ,, fli4ty•�f,�,� '''tf.
y1 • 61 ,Pyy' ,!Al 1 k part thereof. a,L e t,t r,a'f''';,;'1.T'/VI
,Tf''
,'•i.•' :, sT WITNESS our hands at Wylie, Texas ' �',; r 1. �i .,',aA..''�1v9`1l'
,. this 23rd day of June 19 81 • 1 i;t,, r
t wib,eaaatr as,donnityrt ;
` ifrW�.) �' �j ........».«..«..».»..».....««444.1-LottEtt
L ( .f%' � ' }rtjthi, i' [',{F f
S ..,.... g�1t;>;r. ,.1�tS' fiTF"' L. Li.ER +. i
• , '': ,',
r, Y• '' • is1=3ri.= z:.iastwzmemrigoat=3,iari.=tiwiarrv: 1..•.=.wrt i==:t ia=.•.t ft,!)d
•
0 0 r
••••'. 411 • , •t „. \ ..1;.��i�;• �.�S.t^ '.' 1`Z ' •'3 '?' '•'' ' ' • , .i� 4,, 1
s )
•
' ` • f 1 SINGLE ACi&NOWIZDGMRft1 Ci {n, ''
'f" THE STATE OF TEXAS, I VOL 1535r�gc 801 , ,� �1'� ' t,r VOL
}�. :'r t COUNTY OF COLLIN , ;'e�`
�y IA I BEFORE ME,the undersigned,a Notary Public in and for said County and State,on this day personally appeared �: r,* '''r`t t f'
'+ ' '. BILLY 1� FOSTER , I a• t , iar r•tr
' t •,+;4': it•5'jL r. i�w,,k'!
)'•A 1.• tit,i' •
kno ma,{s be lba person whose name iB subscribed to the foregoing Instrument, and acknowledged to , r 1 "i L• r� t,•b,
1:•t irl{ .;i" ikat ?..•:�lcuted the same for the purposes and consideration therein sap d, 1 , t? F�? rt
#) .+ r1A*;y `I�` GIVEN UNDEfyMY HAND AND SEAL OF OFFICE, t'j+ j ?I'A'`
,J "` Yfr1 :+ this the , / day of June A. D. 19 81
'•''•. + •:',;;141.4. 1 ( ,: (L.S.) ,
fit); • j 1. _......._..i� .��fGf10:4(!/........».....«.« «... .._ ..«,
r�`J •! �t' ;'' 'C. I ,�y,• • Notary Pubik In and for Collin Connty,Texas I +
i• ����
Tii l � �IYYJ:-1 Y" SINGLE ACKNOWLEDGMENT ..t i
i, THE STATE OF TEXAS, ( • 'i I 'r.
�r', `` ! COUNTY OF •
COLLIN »i r ff ,Y ..
BEFORE ME,the undersigned,a Notary Public In and for said County and State,on this day personally appeared
r." lI:' t 1t r l r.
\ ,
FLORENCE L. MUELLER i t$ 'rr 4t,
iS subscribed to the foregoing instrument, and acknowledged to ,
r known to me to be the person whoa name 15 .1)„ ,,
r. me that es..�, executed the same for the purposes and consideration therein exp d. ,,f'C tiff 0 ,ry
GIVEN UNDER MY HAND AND SEAL OF OFFICE, f ry!r(� } n,::
\�'! �, +Y.,,tnf Pttd!'. ,� this the day of June A. D. 19 61 � ,�r ;r
, r. L) t� /J,/�/1 /////(//fJf ', Y41.12;.‘;‘,;;:';`
.'.,. Notary Public In and for Collin County. Texas ,,1 , 1..t 1 `'•t ,,;;.
'T ., , 4 SINGLE ACKNOWLEDGMENT < r
') THial' ATE OyTEXAS, + 5 .1" +
`2 COUNTY OF •i`,, 4.
•
s i BEFORE ME,the undersigned,a Notary Public In and for said County and State, on this day personally appeared rT '' •.••• j•.
��y, 1,t� it
s'sr known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to ai 1}t;�^r
2.
4 me that he executed the same for the purposes and consideration therein exp d. r
If' • , ,: GIVEN UNDER MY HAND AND SEAL OF OFFICE, •• .• 1M: .•! (.1,, �
(,
s, d n this the day of A. D. 19 '1 q,
?Ili,.f. ;
' (L.S.)
. •+ aKF ,
`
! 'g ,J.t.1lJit,k,
�; �. « _ . . 1t1; d
I% . '
Notary Public in and for County.Texas t r �s, .
i � , , 1,•.
e. I. THE STATE OF TEXAS, .''Y.,Ai ``�}� ,`,i,
't fr COUNTY OF + r } `• f}
5
i,' •,i i I HEREBY CERTIFY that the foregoing instrument of writing with Its certificate of authentkatbn, was filed for ' ''h 4 ' f
r 5 r,
�„ record In my office on the day of , A. D. 19 at o'clock M. I it f• t,`11 tt r0/1., i''.
tl�j / A.D.19 ` `ri! t� !ir,rl. I?,ct,,
'" +y and was duly recorded by me on the day of ✓ , �1.,',w a
in Vol. ,page ,of the Records AI.aid County, .+�`,•y -C't`y ,� ti
c� WITNESS 1IY HAND and the Seal of the Ctipnty Court of said County,at my office in I ::[[ y }
;1 r + the day and year l st above written. -.• ,�, i e i * ,
5 J n1TF
1 i Fes- 4.ct...«J,w► .«._....«......«.......«...............«.....«....«_....._«.»..._....««..««.«.«»........» i � ` , 1.,
fl' `•'' 1m`' '.�L S•)w tounty, lerk County.Texas 1 1 $:ytt ;St1 {r4.�;;. n^5 f it4
� 1•i �+• � trt i�rl �rY ,,
r, _ • 1 ,t 21.C. .;.".' .B ««..» «._ .... ...._....««.«._.w.«...........» •.Deputy. N 4,',is '.r'1,
t • - bar •.• „ Y3. y �''+tit fF r'r lt!
A :.,.. ... .,;', ,a4
•
,„ -3
0.4 tai fir' a :,, W a Ll L1 t. 'O i 7,1 , '•,•
ilrtIR ®®a H •
eat 8 �N 00 ti. '',�,�
• ;yt, ? Ill .0 a gllld3) =ato ? YAP q u�i {Y'( >r;lei
X o a o p1 x s'x3 ttr;n,9nm s `p :::":".
• 1' ,+ts
•1 f,S. Hf' •' .3Al:1n1 443- ':3N., .fgirlgaN �ir •S',, 2 a o S't'1 9 I 330 zel eI I ''pc x 2 i i
y? rr t } ►7 U + • p
`,9 ,tea, ,../ �R 0. i A Tali 4
s ,Sp OO. "'
03 N. ) '4/. 03 AI 4 :3' g °..1 [ k II, el
..--.—.. , tiaM .. '1,P:L Yf1Y•�=».•�tN r\.fniti..'.i'
r•
•
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ti M 'y+ !'IY ,h. ?Lfl.i ., ..irw.GA, 4'�i t;l, � '- '� ..�' ).• ♦ , t 1 �..�,� I{ 7,
'� • ,p,(l r t r'�y
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el.
WARRANTY DBSD WITH VENDOR'S LOIN
b002190,A,.1155
•
THE STATE OF TEXAS )( 4955
X KNOW ALL MEN BY THESE PRESENTS:
t
• COUNTY OF
T HAROLD PHILLIP MCMAKIN III and wife SHIRLEY J. McMAKIN
';: 11
•
THAX
,..�� o COLLIN
"•' un y, exas, ere ne er c
ran or w e�''•',• for a n cons eras - of the sum of Ten Dollars ($10.00) and other
er one or more,
rt. • considerationi to Grantor In hand paid by LLOYD BENNETTgood and valuable�';" o HARRIS and wife, ,
,';.• ifs SUE • i
1;, ,'L. a our Y, exas, w a
• d•�.�'; r exas 98 teas s o on a vanes,IS
•• t,�5,`�;' rantee w at r one or more , t race pt o w e s
,,i � h. end the further consideration i etlon of the execution and re r°^° ter ea
certain promissory °C edged and confessed, ,,
•
delivery
now
pp�,�", y note In the principal sum of SIxTY Y by the said Grantee of one {
) �1.MYa' ----- ------- 00-----o--------------------------SAND-THREE ....HUNDRED AND N- —00 {,
_ W00.00__, even a e erew , pays e o e ~- i
v� . CITY FEDERAL SAVINGS AND LOAN ASSOCIATION o
.opo y ', ere n prov a re na ter a ,
sa nose containing the usual reasonableeettorney's fee clause nterest aand various t re e V1
Or acceleration of maturity clauses In case of default, and being
�f �, superior title retained herein In favor of said Mortgagee,
�� ? ,. of Trust of even date herewith from Grantee aid to an being also
vendor's lien and
GREGORY L. GREGG
so secured by a Deed i
•
-ly^•,,^••
WHEREAS, Mortgagee has, at the special
• Grantor $ 60 300.00 instance and request of Grantee
"'' evidenced of the purchaseprice of thepaid to y t a ve eseribed nte, said endor's lien property Deed ofe Trust llien
degain t as
•
property securing the payment of said note are hereby assigned, transferred and delivered to
:,a Mortgagee, Grantor hereby conveying against said
Y ng to the said Mortgagee the said superior
premises subrogating the said Mortagee to all the rights and remedies ofantor in the
by virtue of said liens. '
L„, . ,
And Grantor has GRANTED, SOLD and CONVEYED, and b
+Z GRANT, SELL and CONVEY unto the said Grantee, the following described these peasants does
it
Property, to-wit: .
•( BEING the South Sixt
SECOND ADDITION REVISED,oan6 addition 2) feet otof L the ot NCity ine (of Wylie. Texas, a9) in Block Nine ccording of the Map thereof, recorded in Volume 35, Page 241 of the Deed Records)of Collin
County, Texas, and in Volume 1, Page 111 of thecordlns to
Map Records of Collin Count •
The undersigned authority hereby y' Texas.
certifies that this a true andf.
,
correct copy of the original Instrument. ,,
SAEECO D TITLE of PLANO x
BY: 1 fMAi rx
TO HAVE AND TO HOLD the above-described premises, t
singular, the rights and appurtenances thereunto in anywise belongingtogether with all and
his heirs and assigns, forever. And Grantor does hereby bind sself,�his heirs, exto the said ecutors i
i^,and administrators, to warrant and forever defend all and singular the said
said Grantee, his heirs and assigns, premises ngto the
claim the same or any pert thereof.against every person whomsoever lawfully claiming ga' to
a
i:'.i
+� ,
,
2190".1156
,,r 600E y, i' ro
Taxes for the current year have been prorated and their payment Is assumed by ,1:'., 14a. tai,./kt
b Grantee. I, '
This conveyance is made subject to any and all valid and subsisting restrictions, 1
- easements, rights of way, reservations, maintenance charges together with any lien securing f�. �
said maintenance charges, zoning laws, ordinances of municipal and/or other governmental
•
authorities, conditions and covenants, if any, applicable to and enforceable against the ,
above-described property as shown by the records of the County Clerk of said County.
1
The use of any pronoun herein to refer to Grantor or Grantee shall be deemed a
f'�,. • proper reference even though Grantor and/or Grantee may be an individual (either male or
female), a corporation, a partnership or a group of two or more individuals, corporations
1 and/or partnerships, and when this Deed is executed by or to a corporation, or trustee, the
;.s, words "heirs, executors and administrators" or "heirs and assigns" shall, with respect to such
• • corporation or trustee, be construed to mean "successors and assigns". •
�' ' '' "" It is expressly agreed that the vendor's lien is retained in favor of the payee of said
' note against the above-described property, premises and improvements, until said note and I
all interest thereof shall have been fully paid according to the terms thereof,when this Deed
a.
shall become absolute. 1
q EXECUTED this 8th day of August , 19 85 i
. 'r, ' . ,� ccr-D\c, �r
1, t OLD PHILLIP McMAKIM, I I
ti
f G I
, (la
.. ec. RLY/ 0"
t
1,
. 2190ir: �157, ••'`'600K i
STATE OF TEXAS, COUNTY OP COLLIN , ss: (Individual Acknowledgment) '`1�
1�. ,
BEFORE ME, the undersigned authority, on this day personally appeared _ ,. ,;t•
{%' `j HAROLD PHILLIP McMAKIN. III and SHIRLEY J. McHAKIN
known to me to be the persons) whose name(,) are subscribed to the foregoing ',v
� if
fr
• instrument, and acknowledged to mo that they executed the same for the purposes and
• pr,„ consideration therein expressed. ;,. _: GIVEN UNDER MY HAND AND SEAL OF OF E, this, the p" day, of "y
E August , 19 85 I,
k.
� ��
NMUinu/Mk.Jhue,a, THE STATE OF TEXAS ��'
�, �'>-
V Mr Commission Who 1''
,•ri-.,
Xi'
ss: (Corporate Acknowledgment) ,\A ,
STATE OF TEXAS, COUNTY OF :;;1
BEFORE ME, the undersigned authority, on this day personally appeared ,;,
of subscribed to the ioeegolng l '; 'e i
known to me to be the person(,) whose name(,)
instrument, and acknowledged to me that exeou0-the same for the purposes and Y '�`s;:.
,.•.
d_;:'�" �.•,ry consideration therein expressed as the coat;��ed of said corporation and in the eepaeity,1C���.'. ,,,'
therein stated. 7•�,.. 7,'�� ;s.' ;� ,' t
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this, thei'.�ti Tor) `I• 'I', ,
�. 19 '41 is S
• •"" After recording return to: NOTARY PUBLIC In and For :-�: !
• j';,• Lloyd Bennett Harris THE STATE OF TEXAS ''t
106 Cotton Belt Avenue
Wylie, Taxes 75098 •
r ' ;J!r" tit ,, ,e,ti;
iwu-eMpe Fen.Ar—r►wnn►ayc ~OM merauru+t Fen„� u,q
a _
•
..,. "...—....tr....«..'...r-....,.,.4af`ywuK)tWn...,........44 niru,. 11.1.:1i,33:,It i, .,"'7."
�r , +
• Iaa—WARRANTY beta Tat taw w r epatnl WITH vvM•t use Tt*Y MOWNswa ►gat./1011:• •"'r;
(011p f3►tat, le (genii, voi 1385ra ''78 , 1; `, ,.:, �,r,,, , ,.
l
1 ,
Ingot ,All l�Ir» ti Wlju, +i •
of C3Lt.>rt ru ., ,,i
•� That A euu s, INC.r.,,ti,'.1,
160��0 d. l' I '
T..., 1 a Corporation, duly organized and existing under the Laws of the State of TEXAB El
4" :,;;;.,, for end in consideration of the sum of TEN MD N3/100----- } . '
;t`,`; 4 1 ---- ---(S1u.00)---- -.DOLLARS 1 •'
and other good and valuable considerations
• r $ ' ' 4 ) to it paid,and secured to be paid by DENNIS L. WIlLIAMS, the receipt of which is hereby ''' '
;'r a f,�i''. ) acknowledged and ccnfeasec�t
.,,y;,+fist,. ( !' . •
:it, �t '; ) And the execution by the Grantee herein of one certain promissory note of even
1rr '• , date herewith in the principal sun of $52,050.00, payable to the order of r
4Y'4f COUNTRYWIDE FUNDI* CORPORATION, it having advanced that sum at the special f :
'1 111 instance and request of the Grantee herein as part of the purchase money for
•
1,.:',•0` c the property herein conveyed, and it shall be and is hereby subrogated to all
j ,;. ! of the rights and reredies securing the payment of said note as though it were ( It ;t r • F
the Grantor herein, said note being due nrrl payable and bearing interest as therein ' i;' `'�'++ k,.. "
G► 1 s provided, and in addition to the vendor's lien herein retained, said note is further :I . ?b t,t,';',,,,4; .
secured by a Deed of Trust of even date herewith to Joyce A. Mo rtsvt Trustee, '�'
+ ' an the property herein conveyed. Yb . !+ -,�•n i�;,,;,,,,,,.•r,..
t. r has Granted, Sold and Conveyed, and by these presents does Grant,Sell and Convey,unto the said „r ^� ' , 10,1'9
•t t� ., DENNIS L. WILLIAMS, herein called Grantee 1 ' ., Ws++,fii11
,i t of the County of COLLIN State of TEXAS all that certain •1 t l; 'i,;x '
;,'+i. lot, tract or parcel of land situated in Collin County, Texas, to-wit: i ., ' !,
ft h }t,f
BEING the North Eight (e) feet of Lot Ten (10) in Block Nine (9) of ICE L 'S f? n t • ,• 1'
.,1 ; 1 SECOND ADDITION REVISED, an Addition to the Cityof (kin
' 8/•fin-,; ',a",,u 1 "'1tr
,I; , Wylie, Collin County, �`t �. ' ,�, ^ 1
r Texas, to the �PpPr At 1 .�, V .,,' �,'
,, according Map thereof, recorded in Voltme 1, Page 111 of the / /11 *," a,�b ,
i r Map Records of Collin County, Texas, and BEING all of Lot Forty-T�+o (42) in ���h' �a- of • ' '.�J' . .,. ",,'t
,,T;' Block Nine (9) of BROWN MD BUNS ADDITION, an Addition to the City of Wylie, A 3(p k, t�,^'.•
• ",";r:` Collin County, Texas, recorded in Volume 1, Page 111 of the Map Records of t " +' ' ' •t'• .1,•`,'..1.,,, ,, Collin County, Texas, and in Volume 31, Page 362 of the Deed Records of Collin •• • ••
W County, Texas. ;'�„ r• Y i
'164,
u ' This deed is executed and delivered subject to any and all easements, reservations, ' • ,1t,r , r�},y ,tt,
f.; b �t fie,,,
�"-f r� conditions, covenants and restrictions as the seem appear of record in the office •r • , ,; � t r t...•+� .a
1 !�:' of the County Clerk of Collin County, Texas. 1. •.!`I if`?.r.,,
r .'4Y,1. 4
! ,;fit`y('((‘.'j�,uK'.(A's,
r J 1 IY { �, If'
RA'ph l r ) et
J 1 (4 Aga. t e•'".
4. /,+' ' u TO HAVE AND TO HOLD the above described premises, together with all and singular the ,,,fii4�e,t, rf..!,4 T `
�• f •• ,t ►1.h''- .r
,r. rights and appurtenances thereto In anywise belonging unto the said Grantee, his `.' 1.i?,:�r,Shit:•\s$:
try I heirs and assigns forever and the said Corporation does hereby bind itself, its successors and assigns, J I �, -1.I,,..'tl l'4 ISs. �C°1''
' wt'. gu premisesGrantee, 1 ?t 1 Xu ii� ;l:S4 tI t `
�i� j),pf t to Warrant and Forever Defend, all and singular the said unto the said his y'
) .i".4!1
.f....::44 heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any 1 r4,try;:"'l b`: t`t t
,t,�vil part thereof. VT lal��;•4ty�i
t",� , M But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above 9 1',;Y'�` ,'y ' r :,f,titer•
,, i FFFF described property, premises and improvements, until the above described note , and all interest j 1� paid • ti;i•l
'�,n11�:; thereon are fully paid according to its face and tenor, effect and reading, when this deed 1 ri r��;tif 4.....
4;1(" shall become absolute. 'r ti ,+1�'}y., 1'
.•• ,.,{, IN WITNESS WHEREOF,the,ald Corporation has caused thesepresents to be signed its duly ' • '
by t
a•.'•R; + authorized officers and to be sealed with the Seal of the Corporation,at ' ''''`u po Wylie, Texas 1 '
�` '' this 1• J
15th day of May A.D.19 61
r:. 1
Attest: ASLAN BUILDERS, D , •
S.'j ,.'e NO ATTFS'T NECESSARY
By _ .».................. .. 1
-17' e. (Seal)• Secretary. {
�' Fen Crane • gar.» ..„»»
, J ae=.ettmerza�aso: 1 t,..........7.�..vare=r., t emeric -__ • I
• a
4
•• •4uotabtfitimoileitstiOtirtio— ••—•.
.
n.,,,,...zipooriotoromywowsworsetagywmgairatte WetterlIREE131621311181110t#1tAK
:' . . ' 1 • 'it, • '.
. ., ,9,; i.,:, ;".-• .'
,,;•4.. ,, e ' . i CORPORATION ACKNOWLROCISMINP
• THE STATE OF TEXAS, • . • . : voilp8Niirn.,.,.., .
-we g• .,••,f,•#' kyi •
`,',;;41"ol'''.:1-'•4'i''''' ,
‘ •,) -,.. .,•4.4.„ •r AI t. i rs t ,
• COUNTY OF • COLLIN
• %.. 4 /.I.,C'•:' OA,*9 ,4 i,,,,,,4,
t
r I. BEFORE HE,the undersigned,a Notary Public In and for said County and Stale,ea Ude day poreasally appeared ; '' \ • •
I,:, • ' ,
KERC,CPAHE
.-.
,Ionia to se to be the germ aad Who "
whos$,,ages14.0.9 bi d to the foregoing Instrument sad acknowledged to Me that the same was the net el 1111 NM • -
, 1 • ,
, 'at # nc. 0.- . ..•', : So‘;'
.... ,....,et...., , ,,,,,....
aft ••' , , n putt Aettecuted the same as the act of such corporation for the purposes and coselderatIewIkerefil,r,l,
t;:the;calitacifr therein slated.,
,%.;.`1:•34'.•4;,. ..,siti
f iL I es, ....,,i00 ,, I. GIVEN UNDFA HY HAND AND SEAL.OF orrtcs, , I
4 1 L3'i'l,';'.., . . tot i! , . , OA Ili (./tIA this the AC day of May A. D. 10 131 . - •
• el .44)),) • ', ••• .1
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Notary Public In and for
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THE STATE OF TEXAS,
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HEREBY CERTIFY that the foregoing Instrument of writing with Its certificate of sotheatlesiloo,was Sled for •i' ''.t..,,A --...4.
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record In my office on the day of .A. D. 10 at o'clock • .,,M.,•r 11..,
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:..'. '',' ' !t',• .:...' i In Vol. ,page .of the Records of.aId County.
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-',',.'•:'-`:.=. .+,!.' .. .,...... • WITNESS NV HAND and the Seal of the County Court of said County,et my office In the day and year last above written.
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MEMORANDUM
11
DATE: June 11, 1991
TO: City Council
�
FROM: Bill Dashner, City Manage41ms,"
+
RE: Conduct a Public Hearing to Discuss and Consider the
Adoption of an Ordinance Establishing the Official
Zoning Map for the City of Wylie, Texas And Repeal
Ordinance #87-4 Which Was the Old Official Zoning Map
For some time now the City has been working to update and
correct errors in the old official zoning map for the City ,
and the work has been completed . As soon as the map is
completed it will be permanently placed in the City Council
Chambers and kept up to date .
•
•
....5:5°' .
ORDINANCE NO.
AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS, ADOPTING A CURRENT;
ZONING DISTRICT MAP FOR THE CITY; REPEALING ORDINANCE NO. 87-4; ,
AMENDING SECTION 4 . 1 OF THE ZONING ORDINANCE OF THE CITY OF WYLIE '
AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Wylie has heretofore passed a zoning ,
ordinance which adopts a Zoning District Map of the '
City of Wylie, as part of such zoning ordinance; and,
WHEREAS, Section 4 . 1 of the zoning ordinance has heretofore been )
amended by enactment of Ordinance 87-4 which adopted an
"Official Zoning District/Land Use Plan Map" ; and ,
WHEREAS, subsequent to adoption of Ordinance 87-4 many changes ,
have been made in zoning districts which have not been ,
contemporaneously made to the Zoning District Map as '
required by the zoning ordinance thereby rendering the
• existing Zoning District Map less than accurate; and,
WHEREAS, a current Zoning District Map has been prepared and the
City Council has verified the accuracy of the same and
desires to adopt the same as the Zoning District Map to
facilitate orderly administration of the present and
the future zoning regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows :
1. The Official Zoning Map for the City of Wylie, Texas , as
prepared by Helmberger Associates, Inc. dated June 1991 and ;
bearing the signature of the Mayor and attestation of the
City Secretary, as currently displayed in the office of the .
City Secretary, be , and it is hereby is adopted as the ;
Zoning District Map for the City of Wylie, Texas .
2 . Section 4 . 1 of the zoning ordinance is amended to provide
for five (5) original official , identical copies of the
Zoning District Map; and by adding an additional sub
paragraph to be known as sub-paragraph d to read as follows:
"One copy shall be maintained in the City Council
Chambers for reference purposes and shall be
maintained up-to-date by posting thereon all
changes and subsequent amendments" .
and by changing the existing sub-paragraph d .to paragraph e.
3 . This ordinance shall not effect the duty of the City
Secretary to maintain and retain as the original record , in
an unchanged form, the original Zoning District Map as
adopted by the Zoning Ordinance on the thirteenth (13) day
of January 1987 ; likewise the City Secretary shall maintain
and unchanged original of the Zoning District Map adopted
herein .
4 . This ordinance repeals Ordinance No . 87-4 and all other
ordinances in conflict herewith.
did;
5 . This ordinance shall take effect immediately from and after
it' s passage as the law and charter in such cases provide.)
6 . Should any paragraph, sentence, sub-division , cause , 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 declared to be
invalid, illegal or unconstitutional .
DULY PASSED AND APPROVED by the City Council of the City of
Wylie , Texas , this day of June , 1991 .
John W. Akin, Mayor
Carolyn Jones , City Secretary
APPROVED AS TO FORM:
Steven P. Deiter, City Attorney
V
ORDINANCE NO. __ r
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICALADOPTING THE OFFICIAL
SUBDIVISION OF THE STATE OF TEXAS, PROVIDING
I ZONING DISTRICT/LAND USE PLAN MAP FOR THE FOR SEVERABILITY ; PROVIDING
FOR PUBLICATON, PROVIDING
' FOR AN EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, COLLIN COUNTY , TEXAS THAT:
The Zoning District/Land Use Map,
as depicted this date on
the map displayed in the Code Enforcement Office,
is
slans erebp
y
adopted as the official Zoning District/Land
for the City of Wylie.
This map shall be maintained up-to-date by the Building
Official by posting thereon all changes and subsequent
amendments to said Plan/Map as they are adopted by official
action , in open public session, by the governing .body of the
City of Wylie.
PUBLICATION:
The caption of this ordinance shall be published one
time in the Wylie News , the official newspaper of the
City of Wylie. , .
SEVERABILITY:
It is hereby declared to be the intention of the City
Council that should the sections, paragraphs,
and phrases of this Ordinance be
sentences, clauses,
declared unconstitutional or invalid by the valid
judgement or decree of any court of competent
jurisdiction , such unconstitutionality or invalidity
shall not affect any o4 the remaining phrases, clauses,
sentences , paragraphs , ` or sections
snaofethis
d by Ortdinance,
since the same would have been
e City
Council without the incorporation in this Ordinance of
•
unconstitutional or invalid phrases, clauses,
sentences , paragraphs , or sections .
EFFECTIVE DATE:
` This Ordinance shall become effective immediately upon
passage and approval of the City Council of the City of
•
Wylie, Collin County , Texas.
PASSED AND APPROVED ON THIS CITY OFEWYLIE,DAY OF COLLINJANUARY 1987 COUNTY TEXAS.
THE CITY COUNCIL OF T
Chuck Trimble , Mayor , City of Wylie
ATTEST :
(7(-)L1 7 .1„ , / ., .
.
ol one , ity Secretary 'O A Y
�� lr .
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.
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MEMORANDUM
11
- i
DATE: July 3 , 1991
TO: City Council
FROM: Bill Dashner , City Manage
RE: Conduct a Public Hearing and Consider Adoption of an
Ordinance Changing Tracts 20 , 16 , 14 , 21 and 36 out
Of E. C. Davidson Survey Abstract. 267 (Martinez
Addition) form SF-3 to B-2 and Consider Planning and
Zoning/Staff Recommendations
The Wylie Planning and Zoning Commission met in regular
session on July 1, 1991 and voted all in favor to recommend
the zone change from SF-3 to B-2 . The following reasons
were given for the recommendation:
1 . Increase the area of Commercial land use, which is
compatible with the zoning in surrounding area.
2 . Clarify existing zoning ordinances relating to this
area of proposed zone change (new zoning map research) .
3 . With B-2 zoning , remain compatible with existing
SF-3 zoning/ Note: Tract 20 use will be required to
construct a 6 foot wood or masonry fence.
Attachments
Jr
f ,
•
Si MEMORANDUM
TO: BILL DASHNER, CITY MANAGER
FROM: RICK HERZBERGER, BUILDING OFFICIAL
DATE: JULY 2 , 1991
SUBJECT: CITY COUNCIL AGENDA JULY 9 , 1991
THE FOLLOWING ITEMS WERE ADDRESSED BY THE P&Z ON MONDAY
JULY 1 , 1991 .
1 . Rezoning on tracts 20 , 16, 14, 21 and 36 out of the E.C.
Davidson Survey Abstract . 267 ( Martinez Addition ) from
SF-3 to B-2 : All seven members voted approval for
recommendation to Council . Planning and Engineering
recommend the zone change , as stated in section II of
attached letter.
* 13 letters mailed, 6 returned, 5 in favor.
1 no vote and no response form public. *
2 . Rezoning on the Meadow Addition, Allen Atterbury Survey,
Abstract 23 , from Retail to Business 1 was denied
recommendation to Council by all seven members . Planning and
Engineering accepted this rezoning application from Frank
Mulder with intentions that the P&Z and City Council would
be able to evaluate the proposed zone change in relation to
the surrounding zoning, traffic increase, additional uses
allowed by B-1 and compatibility with adjacent schools . I
also intended for the P&Z members , as well as the Public to
listen to Mr. Mulders presentation and consider whether the
current Retail regulations on this lot no longer reflect
current development trends or land use, since this property
has been vacant for quite some time. My recommendation is
for council to hear this zone change reauest as scheduled,
since Mr . Mulders intention ,upon Council denial , is to
reapply for a Specific Use Permit for a CAR WASH . All
commission members agreed, by general opinion, that a car
wash facility, with proper screening, would not be in
conflict with the intent of the Retail zoning for that tract
of land. Even though a Specific Use permit was discussed
for recommendation to Council , Mr. Mulder desired to proceed
• with Council Hearing.
* 19 letters mailed. 1 returned, 1 against and 2
• citizens opposition in the hearina. *
Co
ie
CITY OP' WYLIEI
2000 HWY 78 N - P.O. BOX 428
WYLIE,TEXAS 75098
214.442.2236
TO: PLANNING AND ZONING MEMBERS
FROM: RICK HERZBERGER , BUILDING AND ZONING OFFICIAL
DATE: JUNE 28 , 1991
SUBJECT: COMMENTS ON ZONE CHANGE PROPOSALS
I . MEADOWS : RETAIL TO BUSINESS-1
A. Retail purpose - neighborhood shopping facilities
which provide limited business service and office
facilities predominantly for the convenience of
residents of the community .
B. B-i purpose - intended predominantly for
commercial activities of service nature which
typically have operating characteristics ( limited
outside or open storage ) or traffic service
requirements of greater intensity than retail
shopping and residential environments .
C. Use regulations allowed in B-1 and not Retail .
1 . all uses in Retail - see attached sheet for
Retail uses .
2 . Gas services station or car care.
3 . Mortuary or Funeral Home.
4 . Feed store
5 . Restaurant with drive-in service.
6. Second hand furniture, clothing store.
7 . Quick service food or beverage shop.
8 . Car wash.
9. Auto glass muffler and seat cover.
10 . Automobile or motorcycle sales (indoor) .
11 . Building material sales .
12 . Lawn equipment repair.
13 . Radio TV or microwave tower.
14 . LTD warehousing and distribution.
15 . Pest control business .
16. Additional specific uses when approved:
Open storage, Fenced outside plant sale,
Retail only / Feed and seed store
with outside sales .
6 /
:-Nt I
i0 illt
I CITY OF WY La I E
2000 HWY 78 N - P.O. BOX 428
WYLIE,TEXAS 75098
214-442.2236
D. Recommended consideration by Planning and Zoning
Members :
1 . B-1 uses compatible with area zoning plus
land use - see map.
2 . Increase in traffic.
3 . Uses and compatibility with school area.
4 . ALL Retail or Business-1 activity will be
required to construct a 6 foot masonry or
wood fence separating the Residential area
from the Business or Retail use .
II . MARTINEZ : SINGLE FAMILY TO BUSINESS-2
TRACTS 20 , 16 , 14 , 21 & 36
A. See attached sheet for B-2 uses
B . See attached map for land use .
C. Staff recommendation for zone
- change for following reasons :
1 . Increase the area of Commercial land use, ✓
which is compatible with the zoning in
surrounding area .
2 . Clarify existing zoning ordinances relating
to this area of proposed zone change (new
zoning map research) .
3 . With B-2 zoning , remain compatible with
existing SF-3 Zoning / Note: Tract 20 use
will be required to construct a 6 foot wood
or masonry fence .
•
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ORDINANCE NO.
it
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
' ,1
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 f
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
The City of Wylie Staff 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 I
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:
Business Two (B-2)
Said property being described as follows :
Tracts 14, 16, 20, 21 and 36 out of the E. C. Davidson Survey
ABstract 267 (Martinez Addition - on Martinez Lane)
I '
6 Ail
SECTION 2 .That all ordinances of the City in conflict with
I
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 . I�
SECTION 3 .That the above described property shall be used
only in the manner and for the purposes provided �I
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
heretofore amended , and upon conviction shall be
fined an amount not to exceed the maximum
established by State Law, and that each day such
violation shall continue to exist shall constitute j
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 of 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 day of ,
199
JOHN W.AKIN, Mayor
ATTEST :
Carolyn Jones, City Secretary
(9fe
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MEMORANDUM
DATE: July 3 , 1991
TO: City Council
—.
FROM: Bill Dashner , City Manager
RE: Conduct a Public Hearing and Consider Adoption of an
Ordinance Changing the Meadow Addition , Allen
Atterbury Survey, Abstract 23 , from Retail to
Business 1 and Consider Planning and Zoning/Staff
Recommendations
I
The Wylie Planning & Zoning Commission met in regular
session on July 1, 1991 and voted all against recommending
the rezoning of Atterbury Survey, Abstract 23 , from Retail
to Business 1 .
The City professional staff recommends that the rezoning
change be approved for reasons set out :
1 . Expand commercial tax base .
2 . Bring existing zoning ordinance into concert with '
new zoning map ( land use map) for this area of the
City.
3 . B-1 zoning will not significantly disrupt existing
zoning surrounding this intersection .
4 . Ballard Street is the main commercial corridor of
the City and to extend commercial use to this
intersection is reasonable .
5 . Avoid spot zoning by consideration of special use
permit that will come from property owner if this
request is denied by City Council .
6. This intersection lends itself to more intense
commercial use.
' 7
•
y �
I MEMOR_ANDUM
TO: BILL DASHNER, CITY MANAGER
FROM: RICK HERZBERGER, BUILDING OFFICIAL
DATE: JULY 2 , 1991
SUBJECT: CITY COUNCIL AGENDA JULY 9 , 1991
THE FOLLOWING ITEMS WERE ADDRESSED BY THE P&Z ON MONDAY
JULY 1 , 1991 .
1 . Rezoning on tracts 20 , 16, 14 , 21 and 36 out of the E.C.
Davidson Survey Abstract . 267 ( Martinez Addition ) from
SF-3 to B-2 : All seven members voted approval for
recommendation to Council . Planning and Engineering
recommend the zone change , as stated in section II of
attached letter.
* 13 letters mailed, 6 returned, 5 in favor.
1 no vote and no response form public. *
2 . Rezoning on the Meadow Addition, Allen Atterbury Survey,
Abstract 23 , from Retail to Business 1 was denied
recommendation to Council by all seven members . Planning and
Engineering accepted this rezoning application from Frank
Mulder with intentions that the P&Z and City Council would
be able to evaluate the proposed zone change in relation to
the surrounding zoning , traffic increase, additional uses
allowed by B-1 and compatibility with adjacent schools . I
also intended for the P&Z members , as well as the Public to
listen to Mr. Mulders presentation and consider whether the
current Retail regulations on this lot no longer reflect
current development trends or land use, since this property
has been vacant for quite some time. My recommendation is
for council to hear this zone change request as scheduled,
since Mr. Mulders intention ,upon Council denial , is to
reapply for a Specific Use Permit for a CAR WASH. All
commission members agreed, by general opinion, that a car
wash facility, with proper screening, would not be in
conflict with the intent of the Retail zoning for that tract
of land. Even though a Specific Use permit was discussed
for recommendation to Council , Mr. Mulder desired to proceed
with Council Hearing .
* 19 letters mailed. 1 returned, 1 against and 2
citizens opposition in the hearing. *
viiiie ,
I } CITY OF' WYLaIEl
2000 HWY 78 N - P.O. BOX 428
WYLIE,TEXAS 75098
214-442-2236
TO: PLANNING AND ZONING MEMBERS
FROM: RICK HERZBERGER , BUILDING AND ZONING OFFICIAL
DATE: JUNE 28 , 1991
SUBJECT: COMMENTS ON ZONE CHANGE PROPOSALS
I . MEADOWS: RETAIL TO BUSINESS-1
A. Retail purpose - neighborhood shopping facilities
which provide limited business service and office
facilities predominantly for the convenience of
residents of the community .
B. B-1 purpose - intended predominantly for
• commercial activities of service nature which ,
typically have operating characteristics ( limited
outside or open storage ) or traffic service
requirements of greater intensity than retail ,
shopping and residential environments .
C. Use regulations allowed in B-1 and not Retail .
1 . all uses in Retail - see attached sheet for
Retail uses .
2 . Gas services station or car care .
3 . Mortuary or Funeral Home.
4 . Feed store
5 . Restaurant with drive-in service.
6 . Second hand furniture, clothing store.
7 . Quick service food or beverage shop.
8 . Car wash.
9. Auto glass muffler and seat cover.
10 . Automobile or motorcycle sales (indoor) .
11 . Building material sales .
12 . Lawn equipment repair.
13 . Radio TV or microwave tower.
14 . LTD warehousing and distribution.
15 . Pest control business .
16. Additional specific uses when approved:
Open storage, Fenced outside plant sale,
Retail only / Feed and seed store
with outside sales .
\APO
1 # CITY OF WYLIE
2000 HWY 78 N - P.O. BOX 428
WYLIE,TEXAS 75098
214.442.2236
D. Recommended consideration by Planning and Zoning
Members :
1 . B-1 uses compatible with area zoning plus
land use - see map.
2 . Increase in traffic .
3 . Uses and compatibility with school area.
4 . ALL Retail or Business-1 activity will be
required to construct a 6 foot masonry or
wood fence separating the Residential area
from the Business or Retail use .
II . MARTINEZ : SINGLE FAMILY TO BUSINESS-2
TRACTS 20 , 16 , 14 , 21 & 36
A. See attached sheet for B-2 uses
B . See attached map for land use .
C. Staff recommendation for zone
change for following reasons :
1 . Increase the area of Commercial land use,
which is compatible with the zoning in
surrounding area .
2 . Clarify existing zoning ordinances relating
to this area of proposed zone change (new
zoning map research) .
3 . With B-2 zoning , remain compatible with
existing SF-3 Zoning / Note: Tract 20 use
will be required to construct a 6 foot wood
or masonry fence .
I .
249
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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 I '
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
Frank Mulder 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:
Business One (B-1)
Said property being described as follows :
Lot 31 Meadows Addition (located on S. Ballard and Stone Rd.)
7021
11 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
heretofore amended , and upon conviction shall be
fined an amount not to exceed the maximum
established by State Law, 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 of 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 day of , •'I
199
JOHN W.AKIN, Mayor
ATTEST:
Carolyn Jones, City Secretary
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