10-22-2002 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
TUESDAY, OCTOBER 22, 2002
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie, Texas 75098
Action Taken
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A. Approval of the minutes from the September 24,2002 Regular City Council Meeting.
B. Consider and act upon a Final Plat for the American National Bank Addition, generally located
south of State Highway 78 and west of Birmingham Street, being all of a certain 2.517 acre tract of
land, described in a deed to American National Bank as recorded in Collin County Clerk's File No.
93-0077335, and being part of Lot 1 and all of Lots 2, 3, 4, 5, and 6, Block 5 of the Calloway
Addition, and being certain tracts of land conveyed to Wylie Independent School District by deeds
recorded in Volume 333, Page 48,Volume 335, Page 118,Volume 337, Page 17, Volume 337, Page
19,Volume 337,Page 21 and Volume 333,Page 160, of the Deed Records of Collin County, Texas,
and being situated in the S.B.Shelby Survey,Abstract No. 820,City of Wylie,Collin County,Texas.
C. Consider and act upon a Final Plat for the Wylie High School Addition, generally located south of
F.M. 544 and east of Country Club Road, being all of a certain 158.407 acre tract of land, Lot 1
being a 78.341 acre tract as described in deeds to the Wylie Independent School District as recorded
in Collin County Clerk's File Nos. 95-0012336 and 95-0042766,and Lot 2 being a 80.066 acre tract
as described in a deed to the City of Wylie as recorded in Collin County Clerk's File No. 95-
0012334, and being situated in the L Clifton Survey, Abstract No. 193, the J.W. Curtis Survey,
Abstract No. 196,the M.Milliron Survey,Abstract No. 563,and the D. Strickland Survey,Abstract
No. 841,City of Wylie,Collin County,Texas.
Tabled Item
1. Consider and act upon approval of an Ordinance releasing approximately 14.78 acres of land from
the Extraterritorial Jurisdiction of the City of Wylie to the exclusive jurisdiction of Rockwall
County, being located northeast of the Troy Road intersection with Vinson Road, being situated
within the L.B.Outlaw Survey,Abstract No. 173,Rockwall County,Texas.
Executive Summary
This item was tabled at the October 8,2002 City Council Meeting. The subject,-operty is the northwestern portion of a
larger 19.456 acre tract which is currently located entirely within unincorperated Rockwall County, but is also within the
Extraterritorial Jurisdiction of three separate municipalities. The subject 14.78-acre tract abuts the City of Wylie corporate
limits within Troy Road and is within Wylie's Extraterritorial Jurisdiction, and is therefore subject to the platting
regulations of the City of Wylie. The eastern 3.3 acre portion of the property, fronting on to the City of Dallas and Lake
Ray Hubbard shoreline, is within the City of Rowlett Extraterritorial Jurisdiction, and subject to the Rowlett platting
regulations. A 1.3 acre strip, a 100 feet wide utility easement dissecting the property diagonally from southwest to
northeast, lies within the City of Garland corporate limits and is occupied by the Garland Power and Light (now TU-
Electric)electric transmission lines and is otherwise undevelopable. The current and prospective future owners desire to
develop the total 19.456 acres for single-family residential uses and according to the regulations of a single governmental
jurisdiction rather than the current three differing jurisdictions and regulation. Inivally desiring to annex the entire 19.456
acre tract into the City of Wylie for such common development control,the owners sought release to Wylie's jurisdiction
of those portions within Garland and Rowlett control and both Garland and Rowlett have agreed to release their respective
jurisdictions. However,development potential is very limited within the GP&L(TU-E)electric transmission line and this
easement cannot be relocated. Property owners have now requested that the City of Wylie release the 14.78acres from its
Exterritorial Jurisdiction so that the entire 19.456 acres can be consolidated under the regulatory jurisdiction of Rockwall
County. The City of Wylie collects no tax revenues or service charges from the subject property, and no such revenue is
available to the City unless and until the property is annexed in to the City.
Approval of Ordinances and Resolutions
2. Consider and act upon approval of a Resolution of the city council of the City of Wylie, Texas,
determining a public necessity to acquire, by purchase or condemnation, certain property; giving
notice of an official determination to acquire property for the Rush Creek force main project;
establishing procedures for the acquisition,by purchase or condemnation,of property.
Executive Summary
Construction on the Rush Creek force main project will begin in the next few weeks. The City has been unable to acquire
one of the easements necessary for construction. The easement is adjacent to the Rush Creek lift station and located on
property owned by Bozman Land Partners, Ltd. The resolution will authorize the City Manager to proceed with
condemnation if necessary to acquire the easement.
3. Consider and act upon approval of an Ordinance establishing water-zoning regulations for the area
of Lake Lavon within the corporate limits of Wylie.
Executive Summary
The purpose of this ordinance is to adopt the federal water zoning regulations established by the Water Safety Act. These
water-zoning regulations are already in effect on Lake Lavon and are enforced by the Army Corp of Engineers. The
Regional Texas Parks and Wildlife Commander has requested that the City of Wylie adopt these water-zoning regulations
so that Texas Parks and Wildlife Officers can enforce the regulations as well. Because these are Federal Regulations the
State officers must have the Local Governing Body adopt the regulations before they can enforce them. Collin County has
adopted the water zoning regulations for the areas of Lake Lavon that are not in the City of Wylie.
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at
any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides
specific exceptions that require that a meeting be open. Should Council elect to convene into Executive
Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of
this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this day of , 2002 at 5:00 p.m. as
required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news
media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wvlie.tx.us
City Secretary Date Notice Removed
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-
8170.
Page 2 of 2
MINUTES
Wylie City Council
Tuesday, September 24, 2002— 6:0 0 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
CALL TO ORDER-6:03 p.m.
Council Present:Mayor John Mondy,Councilman Joel Scott,Councilwoman Reta Allen,Councilman Eric Hogue,
Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout.
Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager, Brady Snellgrove,
Finance Director,Chris Hoisted,City Engineer,and Barbara Salinas,City Secretary.
INVOCATION&PLEDGE OF ALLEGIANCE
Rev. Al Draper, First Baptist Church of Wylie was present to provide the invocation and Councilman
Trout was asked to lead the Pledge of Allegiance.
PRESENTATIONS&PROCLAMATIONS
Mayor Mondy and Mayor Pro Tan Worley presented the Proclamation declaring October as Domestic
Violence Awareness Month. Representatives from the shelter in Sachse were present to accept.
C "117FNS PARTICIPATION
T
None.
CONSENT AGENDA
A. Approval of the minutes from the September 10,2002 Regular City Council Meeting.
B. Consider and act upon a Preliminary Plat for the for The Stiles Crossing Addition,being all of a certain
34.0839 acre tract of land, generally located west of North Ballard Avenue (FM 2514) and north of
Brown Street (FM 4312), as described in a deed to Peerless Manufacturing Company as recorded in
Volume 744, Page 515 of the Deed Records of Collin County, Texas, and being situated in the S.B.
Shelby Survey,Abstract No.820,City of Wylie,Collin County,Texas.
C. Consider and act upon a Final Plat for the Barber Addition, being all of a certain 8.00 acre tract of
land,generally located south of F.M. 544 and east of Regency Drive, as described in a deed to Austin
Wylie Realty, LTD, as recorded in Volume 4921, Page 1206 of the Deed Records of Collin County,
Texas,and being situated in the William Sachse Survey,Abstract No.835,City of Wylie,Collin County,
Texas.
D. Consider and act upon approval of a Resolution authorizing the City Manager to execute a Master
Advanced Funding Agreement(MAFA)with the Texas Department of Transportation(TxDOT)
E. Consider and act upon an Interlocal Boundary Agreement with the Town of St. Paul, amending an
Agreement approved on April 8,1975.
Councilman Trout asked for some clarification on the Interlocal Boundary Agreement(Item E) with regard to
property lines. City Engineer Chris Hoisted stated that the map reflected boundaries only,not property lines.
With no further discussion Councilman Hogue made a motion to approve Items A,B,C,D,and E of the Consent
Agenda. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0.
Agnates—September 24,2002
Wylie City Council
Page 1
The Mayor then asked that Council consider Items 4,5,and 6 on the Agenda.
INDIVIDUAL CONSIDERATION
4. Consider and act upon approval of an Ordinance authorizing the issuance of$1,150,000 Waterworks
and Sewer System Revenue Bonds,Series 2002,dated September 24,2002,and all other matters related
thereto.
Mr. David Medenich of First Southwest was present to address items 4, 5 and 6. Mr. Medenich stated that bids
were received at 11:00 a.m. this day and provided Council an overview of the submissions and the
recommendation of First Southwest. Mr.Medenich stated that historically,these were the best rates received since
he has been working with the City of Wylie. Recommendations were for Prudential Securities with$4.399469%
for the $1,150,000 Waterworks and Sewer System Revenue Bonds; with regard to Item No. 5, recommendation
was for Morgan Stanley Dean Witter with 2.654600%for the$250,000 Tax Notes and with regard to Item No. 6,
recommendation was for First Southwest Company with 4.193850%for the$2,500,000 General Obligation Bonds.
Mr.Medenich was then available for questions.
Councilman Young made a motion to approve the Ordinance authorizing the issuance of$1,150,000 Waterworks
and Sewer System Revenue Bonds, Series 2002, dated September 24, 2002 to Prudential Securities with
$4.399469%, as recommended by First Southwest Councilman Hogue seconded the motion. A vote was taken
and the motion was approved,7-0.
5. Consider and act upon approval of an Ordinance authorizing the issuance of$250,000 in Tax Notes,
Series 2002,dated September 15,2002 and all other matters related thereto.
This item was addressed previously by Mr. David Medenich of First Southwest. Councilman Hogue made a
motion to approve the Ordinance authorizing the issuance of$250,000 in Tax Notes,Series 2002,dated September
15, 2002 to Morgan Stanley Dean Witter with 2.654600%, as recommended by First Southwest. Councilman
Trout seconded the motion. A vote was taken and the motion was approved, 7-0.
6. Consider and act upon approval of an Ordinance authorizing the issuance of $2,500,000 General
Obligation Bonds,Series 2002,dated September 15,2002 and all other matters related thereto.
This item was addressed previously by Mr. David Medenich of First Southwest. Councilman Hogue made a
motion to approve the Ordinance authorizing the issuance of$2,500,000 General Obligation Bonds,Series 2002,
dated September 15, 2002 to First Southwest Company with 4.193850%as recommended. Councilman Worley
seconded the motion. A vote was taken and the motion was approved, 7-0.
1. Consider and act upon a proposed amendment to the current Animal Ordinance in order to clearly
define the term 'Wild Animal'.
Police Chief Butters addressed this item providing Council with a brief explanation of the intent of the proposed
ordinance.
Councilman Trout made a motion to approve the amendment to the current Animal Ordinance in order to clearly
define the term"Wild Animal". Councilman Hogue seconded the motion. A vote was taken and the motion was
approved,7-0.
2. Consider and act upon approval of a Resolution authorizing the City Manager to enter into the
"Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement.
Chief Butters addressed this item providing a brief explanation of the intent of the proposed resolution. Chief
Butters stated the Wylie Police Department has been cooperating in Mutual Aid and that this Agreement was to
Minutes—September 24,2002
Wylie City Council
Page 2
establish the commitment in writing. There was some discussion regarding insurance and the coverage available
to responding officers and responsibility of participating cities.
Councilman Scott made a motion to approve the Resolution authorizing the City Manager to enter into the Greater
Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement. Councilman Worley seconded
the motion. A vote was taken and the motion was approved,7-0.
3. Consider and act upon approval of an Ordinance disannexing a 2.0-acre tract of land within the
Francisco de la Pina Survey,being generally located east of Paul Wilson Road and south of Skyview
Drive.
Mr. ClanriP Thompson, Planning Director addressed this item providing a background on the request for
disannexation. Mr. Thompson stated that the subject tract was originally annexed into the City of Wylie as part of
a 46.5 acre parcel in September of 1984,at the voluntary request of the property owner at that time. The City of
Wylie is obligated to provide normal municipal services, including public sewer as well as police and fire
response,to all newly annexed areas such as the subject property within a reasonable time. The specifics of when
and how such public services are to be provided to annexed areas are to be incorporated into an Annexation
Service Plan,which serves as a legal contract. However, no such Plan was apparently completed and adopted for
the 1984 annexation of the subject property. Water is provided to the tract by the Wylie Northeast Water Supply
Corporation District rather than the City.
In April of 1994,the City disannexed approximately 14 acres of that 46.5 acre tract at the request of several new
property owners,who cited the City's failure to provide municipal sewer services in a timely manner. That land
disannexed in 1994 abuts to the north and south the property now owned by the Blockers and the subject of the
current disannexation. Properties to the west across Paul Wilson Road are also within unincorporated Collin
County. The subject property is surrounded on three sides by unincorporated Collin County, and these
neighboring properties are occupied by sparse rural residential or agri-business uses.
Section 43.141 of the Texas Local Government Code states that"a majority of the qualified voters of an annexed
area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to
provide services to the area... If the governing body fails or refuses to disannex the area within 60 days after the
date of the petition, any one of the signers of the petition may bring a cause of action in a district court of the
county in which the area is located to request that the area be disannexed. The District court shall enter an order
disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality
failed to perform its obligations in accordance with the annexation service plan... If the area is disannexed,it may
not be annexed again within 10 years after the date of disannexation."
The petition complies with all requirements of Section 43.141 of the Texas Local Government Code for legally
petitioning for disannexation. The applicants represent 100 percent of the property owners and qualified voters
within the affected area,and have published the petition within the Wylie News as well as on the subject property.
The applicant contends that he receives no City benefits for the City taxes levied to the property, and can better
develop the vacant property to Collin County standards.
The subject property is surrounded on three sides by unincorporated Collin County. Paul Wilson Road is a rural
asphalt roadway. U.S. Corps of Engineers property to the north and North Texas Municipal Water District
treatment and storage plant to the southeast limit potential expansion and further development of the existing rural
settlement. Most of these neighboring properties are now sparsely developed in rural residential uses,utilizing
onsite septic systems with no public sewer services. The closest City sewer services are located at least 1,500 feet
to the southwest. An Annexation Service Plan,now required by State Law,was apparently not formulated when
the annexation occurred. the City has no current plans to provide sewer services and urban streets to this area. To
provide such services to the subject tract will be an expense to the City and existing neighboring home owners and
will disrupt the area's rural character.
In 1994,the City disannexed 14 acres of land which is contiguous to the subject tract and which had been part of
the tract when annexed at the same tine. The stated reason for that earlier disannexation of abutting properties was
similar to the stated reasons for the current request,that the City could not provide sewer and other public services
Minutes—September 24,2002
Wylie City Council
Page 3
as anticipated by the annexation. However,in the absence of an adopted service plan stipulating a date that such
services were to be provided,the earlier voluntary annexation cannot be construed as a representation by the City
that or when sewer services would be available. Furthermore, the subject property is currently provided "like
services"and no less services than are provided to other undeveloped properties which were brought into the City
as part of the 1984 annexation,some of which remain within the City and others which have been disannexed.
Both the seller and current owner of the subject property should have known that the property was located within
the City of Wylie and subject to Wylie's land use and development regulations as well as the absence of sewer
services. Section 16.051 of the Texas Civil Practice and Remedies Code states that"every action for which there
is no express limitations period... must be brought not later than four years after the day the cause of action
accrues." As there is no expressed limitation for claims agpinst annexation actions,the statute of limitations for
allowing redress of the 1984 annexation, including the subject tract, expired in 1988 regardless of changes in
ownership.
The Comprehensive Plan recommends that the subject property be developed as Country Residential uses,
permitting single-family dwellings on lots of one acre and larger. This recommendation is consistent with the
character of existing development surrounding the subject tract. The County cannot control uses of land,and only
the City Zoning Ordinance can regulate uses and development regulations to assure that whatever is constructed
on the vacant subject tract is compatible with the existing development.
If disannexed, the subject tract cannot be again annexed for 10 years, or at least until late 2012. The properties
disannexed in 1994 will be eligible for annexation again in 2004,should the existing residences desire City sewer
services. This varied time constraint and the central location of the subject tract,surrounded by existing residential
development,hinders the potential for coordinated annexation as well as provision of sewer services of this entire
neighborhood as a single unit even if they should desire such.
In October of 2001, a request was made for disannexation of an 80 acre tract along Sachse Road for similar
reasons as the request currently under consideration. The Council denied that request and the applicant sued. The
courts have thus far upheld the Council's denial,based on arguments that the statute of limitation for redress of the
annexation had expired and that the property owner should have know that public sewer services could not likely
be provided in a timely manner.
The Council's 1994 approval of disannexation of 14 acres adjacent to the subject tract could establish precedent
favoring disannexation of similar properties to which City services cannot be provided within a reasonable time.
However the Council's 2002 refusal to disannex the 80 acre tract under similar circumstances could establish the
precedent opposing disannexation, especially when no specific provision of municipal services has been
contracted by a service plan. State Law now requires that the City adopt an Annexation Service Plan for each
annexation, which clearly and legally established a time period in which municipal services must be provided,
eliminating the possibility of future annexations without public services. Furthermore, the current level of City
services is common to that provided other incorporated properties within the immediate vicinity of the subject
tract.
The vicinity surrounding the subject tract is already developed in properties of similar 2-acre size and rural
character more comparable to unincorporated Collin County than urbanizing City of Wylie and the level of
services currently provided by the County are apparently sufficient for existing property owners and uses. None of
the neighboring owners have expressed desire to be annexed and the City cannot annex the properties
involuntarily. It is possible that the area abutting the subject tract could remain unincorporated with rural utilities
for some time.
Mr.Thompson stated that staff is looking for direction from Council. He also stated that the applicant was present
should Council have any questions or concerns regarding the disannexation request.
Mr. Michael Trent Blocker, 1719 Mapleleaf Falls Drive, Allen Texas came forward to address Council on his
request for disannexation. He stated that if disannexed, he would like operate a small business similar to
neighboring property owners currently operate. He stated that he is considering a metal building to operate a boat
Minutes-September 24,2002
Wylie City Council
Page 4
repair business. He stated that because the County is less restrictive, he could construct a facility more
affordability than under current City restrictions.
There was some discussion with regard to Police and Fire protection and response by both. It was determined that
if disannexed,we would still respond,as we would to all to areas within our jurisdiction. Councilman Scott stated
that if this property is disannexed and a structure is built under County codes and our Police and Fire would still
respond,he would prefer that the structure was built to City codes. He continued that if the property is disannexed
and he builds to County codes,he is still protected at a lesser cost.
A motion was made by Councilman Scott to deny the request to disannex the 2.0-acre tract of land within the
Francisco de la Pina Survey, being generally located east of Paul Wilson Road and south of Skyview Drive.
Councilman Hogue seconded the motion. A vote was taken and the motion to deny was approved,7-0.
The Mayor called for a brief recess at 6:46 p.m.
The Meeting was reconvened at 7:02 p.m.
7. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF-
8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Ballard
Avenue and east of the existing Southplace Estates Phase IV Addition,being a portion of a 48.516 acre
tract, as described in County Clerk's File No.95-0018290 of the Deed Records of Collin County,Texas,
and being all of a certain 12.754 acre tract of land situated in the Allen Atterberry Survey,Abstract No.
23,City of Wylie,Collin County,Texas. (Zoning Case 2002-08)
Mr. Claude Thompson,Planning Director addressed this item providing Council with a background of the zoning
request. He clarified the location and explained the comparative chart regarding the requested variances.
The Mayor had questions concerning the descending votes cast by the Planning and Zoning Commission. Mr.
Thompson stated that the request for the Planned Development was a means to achieve variances and that the
Zoning Ordinance is was intended to forego the need for a Planned Development District because we have
flexibility. Mr. Thompson stated that staff is recommending approval. He stated that staff likes the continuity of
what is already developed and that the applicant did work hard to attain points. Mr.Thompson also stated that Item
No. 8 is also related to this request and that if approved,this would finish out the development.
At 7:11 p.m. the Mayor called for a short recess after which the meeting was reconvened at 7:16 p.m.
Mr. Thompson stated that the options were to approve as presented,to deny or to approve with stipulations. The
Mayor stated the need for a road to tie into the park The applicant, Mr. Robert B<>came forward to address
Council. He stated that this project was a small project and he would loose a considerable amount of lots if he were
to add a road that ties into the park
Mr. Thompson stated that an other option would be for Council to table the request until the next regular meeting.
The applicant was agreeable to the suggestion to table the request to meet and discuss with staff.
The Mayor opened the Public Hearing with the understanding that the item would be tabled until the next regular
meeting He asked that anyone wishing to speak either in favor or opposition of the request to please come forward
and state their name and address for the record and limit their comments to three minutes. There was no response.
Councilman Young made a motion to table Item No. 7 to the next regular meeting of October 9,2002. Councilman
Hogue seconded the motion. A vote was taken and the motion was approved, 7-0.
Minutes—September 24,2002
Wylie City Council
Page 5
8. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF-
8.5/17) and Neighborhood Services (NS) to Planned Development (PD) for Single-Family Residential,
generally located east of Ballard Avenue and south of the existing Southplace Estates Phase I Addition,
being a portion of a 48.516 acre tract, as described in County Clerk's File No.95-0018290 of the Deed
Records of Collin County,Texas,and being all of a certain 10.129 acre tract of land situated in the Allen
Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas. (Zoning Case 2002-09)
Mr. Claude Thompson addressed this item providing Council a brief background on the request as it relates to the
previous item. He provided a location description and provided a review of the variance requests. He stated that
the applicant is agreeable to a motion to table this item until the next regular meeting of October 9,2002.
The Mayor opened the Public Hearing with the understanding that the item would be tabled until the next regular
meeting He asked that anyone wishing to speak either in favor or opposition of the request to please come forward
and state their name and address for the record and limit their comments to three minutes. There was no response.
Councilman Worley made a motion to table Item No. 8 until the next regular meeting of October 9, 2002.
Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0.
9. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF-
8.5/17) to Planned Development (PD) for Single-Family Residential, generally located east of Country
Club Road (F.M. 1378) and north of Park Blvd, being a portion of that tract of land described in the
deed to Birmingham Land,Ltd.,as recorded in County Clerk's File No.94-0029675 of the Deed Records
of Collin County,Texas,and being a 5.911 acre tract of land and an 8.044 acre tract of land situated in
the J. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County,Texas. (Zoning Case 2002-
10)
Mr. Claude Thompson addressed this item providing Council a brief background on the request. Mr. Thompson
stated that the next two cases are related and that this is smaller continuation of larger existing subdivision which
was developed in compliance with differing requirements of the previous code,and the configuration of the tract
does not efficiently support the current street regulations. The proposed Conditions of the Planned Development
District provide a balanced compromise between the existing conditions of abutting development and the new
requirements of the Zoning Ordinance in order to assure a quality development. Mr. Thompson concluded that at
the September 3, 2002 Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend
approval of the zoning change.
Mr. Mark Footlick, applicant and Mr. Mark Donaldson of Carter Burgess were in attendance to provide a brief
presentation to the Council. Mr. Footlick provided a brief address with regard to the cooperation between the city
and school with regard to the required infrastructure. He then introduced Mr.Mark Donaldson who addressed the
Council. Mr. Donaldson provided a location description and overview of the area and the proposed construction,
including the construction of the bridge and extension of WestggtP Way. Mr. Donaldson addressed each of the
proposed Phases detailing the intent of the Planned Development. Both Mr. Footlick and Mr. Donaldson were
available for questions from the Council.
Mr. Thompson stated that as a result of the Council Work Session held regarding this proposed Planned
Development, the applicant has met all the requests that were discussed and have met the conditions. Mr.
Thompson stated that the votes in opposition by the Commission were due to their desire for straight zoning as
opposed to the Planned Development. He also added that the Commission bases their recommendation on land use.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the request,please come forward and state their name and address for the record and limit their comments to five
minutes. With no response,the Mayor then closed the Public Hearing
Minutes—September 24,2002
Wylie City Council
Page 6
Councilman Hogue made a motion to approve the change in zoning from Single-Family Residential(SF-8.5/17)to
Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M.
1378)and north of Park Blvd,being a portion of that tract of land described in the deed to Birmingham Land,Ltd.,
as recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas, and being a
5.911 acre tract of land and an 8.044 acre tract of land situated in the J.McUlmurry Survey,Abstract No. 629,City
of Wylie,Collin County,Texas. Councilman Young seconded the motion. A vote was taken and the motion was
approved,7-0.
10. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF-
10/19) to Planned Development (PD) for Single-Family Residential, generally located east of Country
Club Road(F.M. 1378) and south of Park Blvd, being a portion of that tract of land described in the
deed to Birmingham Land,Ltd.,as recorded in County Clerk's File No.98-007022 of the Deed Records
of Collin County, Texas, and being a 94.121 acre tract of land situated in the D.W. Williams Survey,
Abstract No.695,City of Wylie,Collin County,Texas. (Zoning Case 2002-11)
Mr. Claude Thompson,Planning Director addressed this item providing a brief background on the request stating
that at the September 3, 2002 meeting of the Planning and Zoning Commission, the Commission voted 3-2 to
recommend denial of this zoning change because the PD was unjustified and id not fit the spirit of the flexible
system of the Zoning Ordinance. He stated that six (6) votes would be required from the Council in order to
overturn the recommendation of the Commission.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the request,please come forward and state their name and address for the record and limit their comments to five
minutes. With no response,the Mayor then closed the Public Hearing.
Councilman Trout made a motion to app ove the change in zoning from Single-Family Residential (SF-10/19)to
Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M.
1378)and south of Park Blvd,being a portion of that tract of land described in the deed to Birmingham Land,Ltd.,
as recorded in County Clerk's File No. 98-007022 of the Deed Records of Collin County, Texas, and being a
94.121 acre tract of land situated in the D.W. Williams Survey, Abstract No. 695, City of Wylie, Collin County,
Texas. Councilman Young seconded the motion. A vote was taken and the motion was approved,7-0.
11. Hold a Public Hearing to consider and act upon a change in zoning from Single-Family Residential(SF-
10/19) to Planned Development (PD) for Single-Family Residential, generally located east of Country
Club Road (F.M. 1378) and north of Birmingham Farms Phase 2A and the Meadows of Birmingham
Phase 1 Additions,being a portion of a tract of land described in a deed to Birmingham Land Ltd., as
recorded in Clerk's File No.98-007022,Deed Records of Collin County,Texas,and all of a tract of land
described in a deed to Wylie LS.D.,as recorded in Volume 2493,Page 580 of the Deed Records of Collin
County, Texas, and being a certain 80.767 acre tract of land situated in the D.W. Williams Survey,
Abstract No. 1021, the Mercer Phelan Survey, Abstract No. 695, City of Wylie, Collin County, Texas.
(Zoning Case 2002-12)
Mr. Claude Thompson,Planning Director addressed this item providing Council with a brief background on the
request stating that at the September 3, 2002 meeting of the Planning and Zoning Commission,the Commission
voted 3-2 to recommend denial of this zoning change because the PD was unjustified and id not fit the spirit of the
flexible system of the Zoning Ordinance. He stated that six(6)votes would be required from the Council in order
to overturn the recommendation of the Commission.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the request,please come forward and state their name and address for the record and limit their comments to five
minutes. With no response,the Mayor then closed the Public Hearing.
Minutes—September 24,2002
Wylie City Council
Page 7
Councilman Hogue made a motion to app,ove the change in zoning from Single-Family Residential(SF-10/19)to
Planned Development (PD) for Single-Family Residential, generally located east of Country Club Road (F.M.
1378) and north of Birmingham Farms Phase 2A and the Meadows of Birmingham Phase 1 Additions,being a
portion of a tract of land described in a deed to Birmingham Land Ltd.,as recorded in Clerk's File No. 98-007022,
Deed Records of Collin County,Texas,and all of a tract of land described in a deed to Wylie I.S.D.,as recorded in
Volume 2493,Page 580 of the Deed Records of Collin County,Texas,and being a certain 80.767 acre tract of land
situated in the D.W. Williams Survey, Abstract No. 1021, the Mercer Phelan Survey, Abstract No. 695, City of
Wylie, Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion was
approved,7-0.
READING OF ORDINANCES'. TITLE & CAPTION APPROVED BY COUNCIL AS
REQUIRED BY VVYLIE CITY CHARTER,ARTICLE III,SECTION 13-D.
The Captions for approved Ordinance Numbers 2002-34 through 2002-40 were read into the record.
ADJOURNMENT
With no further business the meeting was then adjourned
John Mondy,Mayor
ATTEST:
City Secretary
Minutes—September 24,2002
Wylie City Council
Page 8
WYLIE CITY COUNCIL
AGENDA ITEM NO. f 3 P .
October 22, 2002
Issue
Consider and act upon a Final Plat for the American National Bank Addition,generally located south
of State Highway 78 and west of Birmingham Street,being all of a certain 2.517 acre tract of land,
described in a deed to American National Bank as recorded in Collin County Clerk's File No. 93-
0077335,and being part of Lot 1 and all of Lots 2,3,4,5,and 6,Block 5 of the Calloway Addition,
and being certain tracts of land conveyed to Wylie Independent School District by deeds recorded in
Volume 333,Page 48,Volume 335,Page 118,Volume 337,Page 17,Volume 337,Page 19,Volume
337, Page 21 and Volume 333, Page 160, of the Deed Records of Collin County,Texas, and being
situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas.
Background
The Final Plat for the American National Bank Addition will combine the previously unplatted lot on
which the existing bank is located with Lots 1 through 6, Block 5 of the Calloway Addition into a
single lot for the purpose of expanding parking capacity and enhancing drive-thru teller operations for
the bank. This plat will dedicate right-of-way for the future widening of State Highway 78 and
provide a utility easement for an existing 10" sewer main.
Section 212.005 of the Texas Local Government Code states that "the municipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations". Section
212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat
within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless
it is disapproved within that time period"
Financial Considerations
Plat application fees have been paid. The applicant is aware that development impact fees must be
paid prior to issuance of a building permit.
Other Considerations
The Final Plat substantially conforms to the Subdivision Regulations and all other pertinent code
requirements of the City of Wylie.
Board/Commission Recommendation
At the October 1, 2002, Planning and Zoning Commission meeting, the Commission voted 5-0 to
recommend approval of this Final Plat.
Staff Recommendation
Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire
concur with this recommendation.
Attachments
Final Plat
/.� 0 '< ;.
Prepared by Reviewed by Finance City Manager ►r al
WYLIE CITY COUNCIL
AGENDA ITEM NO. C
October 22, 2002
Issue
Consider and act upon a Final Plat for the Wylie High School Addition, generally located south of
F.M. 544 and east of Country Club Road,being all of a certain 158.407 acre tract of land,Lot 1 being
a 78.341 acre tract as described in deeds to the Wylie Independent School District as recorded in
Collin County Clerk's File Nos. 95-0012336 and 95-0042766,and Lot 2 being a 80.066 acre tract as
described in a deed to the City of Wylie as recorded in Collin County Clerk's File No. 95-0012334,
and being situated in the I. Clifton Survey,Abstract No. 193,the J.W. Curtis Survey,Abstract No.
196,the M.Milliron Survey,Abstract No. 563,and the D. Strickland Survey,Abstract No. 841,City
of Wylie, Collin County, Texas.
Background
The Final Plat for the Wylie High School Addition will create two lots,Lot 1 being a 78-acre tract of
land which is the location of the existing high school and the proposed new stadium that was
previously unplatted and Lot 2 which is the 80-acre site of Founders Park. When the Wylie
Independent School District decided to purchase this land for the new high school the City acquired
the adjoining tract for an athletic complex and purchased their half of the property using special 4b
funding. The School District and City will co-develop this site to accommodate shared parking and
cooperative activities through a joint use resolution approved by the City Council. Due to this
cooperative development agreement, it is appropriate to combine these two tracts together by one
plat.
Section 212.005 of the Texas Local Government Code states that "the m nicipal authority
responsible for approving plats must approve a plat that satisfies all applicable regulations". Section
212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat
within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless
it is disapproved within that time period"
Financial Considerations
Plat application fees have been paid. The applicant is aware that development impact fees must be
paid prior to issuance of a building permit.
Other Considerations
The Final Plat substantially conforms to the Subdivision Regulations and all other pertinent code
requirements of the City of Wylie.
Board/Commission Recommendation
At the October 1, 2002, Planning and Zoning Commission meeting, the Commission voted 5-0 to
recommend approval of this Final Plat.
Staff Recommendation
Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire
concur with this recommendation.
Attachments
Final Plat
/P
Prepared by Reviewed by Finance i .ti . _ , ;
WYLIE CITY COUNCIL
AGENDA ITEM NO. ( .
October 22, 2002
Issue
Consider and act upon approval of an Ordinance releasing approximately 14.78 acres ofland fromthe
Extraterritorial Jurisdiction of the City of Wylie to the exclusive jurisdiction of Rockwall County,
being located northeast ofthe Troy Road intersection with Vinson Road,being situated within the L.
B. Outlaw Survey, Abstract No. 173, Rockwall County, Texas.
Background
This item was tabled at the October 8, 2002 City Council Meeting. The subject property is the
northwestern portion of a larger 19.456 acre tract which is currently located entirely within
unincorporated Rockwall County,but is also within the jurisdiction of three separate municipalities.
The subject 14.78 acre tract abuts the City of Wylie corporate limits within Troy Road and is within
Wylie's Extraterritorial Jurisdiction. Because this area is within Wylie's ETJ, it is subject to the
platting regulations of the City of Wylie and Wylie is responsible for providing public services and
utilities to the area.
The eastern 3.3 acre portion ofthe larger property under single ownership,fronting on to the City of
Dallas and Lake Ray Hubbard shoreline,is within the City of Rowlett Extraterritorial Jurisdiction,and
subject to the Rowlett platting regulations. A 1.3 acre strip, a 100 feet wide utility easement
dissecting the property diagonally from southwest to northeast, lies within the City of Garland
corporate limits and is subject to the City of Garland's regulations. This strip dividing the
jurisdictions of Wylie and Rowlettt is occupied by the Garland Power and Light(now TXU)electric
transmission lines and cannot be developed for other uses.
The current and prospective future owners of the entire 19.5 acre property desire to develop the
entire tract for single-family residential uses and according to the regulations of a single governmental
jurisdiction rather than the current three differing jurisdictions and regulations. Initially desiring to
annex the entire 19.456 acres into the City of Wylie for such common development control, the
owners sought release to Wylie's jurisdiction of those portions within Garland and Rowlett control
and both Garland and Rowlett have agreed to release their respective jurisdictions. However,
development potential is very limited within the GP&L (TXU) electric transmission line and this
easement cannot be relocated. Property owners have now requested that the City of Wylie release the
14.78 acres from its Exterritorial Jurisdiction so that the entire 19.5 acres can be consolidated under
the regulatory jurisdiction of Rockwall County.
No public utilities are currently provided or readily available to the subject tract by either of the three
jurisdictions. Water is provided to the area by the Eastfork Special Utility District. No sanitary
sewerage is currently available,but the closest potential is to a lift station in Troy north ofthe subject
property to be constructed by the Pheasant Creek Addition and transported by force main north to the
City of Wylie treatment facilities. Rockwall County has approved the use of an onsite aerobic
treatment system to service the entire 19.5 acres.
Financial Considerations
No tax revenues or service charges are available to the City of Wylie unless and until the property is
annexed in to the City.
Other Considerations
1. The subject property is within unincorporated Rockwall County. However, this area has also
been within the Extraterritorial Jurisdiction of the City of Wylie for a number of years in
anticipation of its potential annexation into the City of Wylie. When the larger City of Garland
extended its corporate limits along its electric transmission line in order to incorporate its electric
generation plant on the southeastern shore of Lake Lavon,the subject property was split into the
current three jurisdictions.
2. In March of 2002,in response to changes in State law,the City of Wylie requested that Rockwall
County extend Extraterritorial Jurisdiction to Wylie for the area between the City on the
southeast and the City of Garland corporate limits(GP&L/TXU easement). Rockwall County
Commission responded that the County prefers to maintain exclusive jurisdiction for development
of all of its ETJ and no municipality will be approved Extraterritorial Jurisdiction of such
unincorporated areas. City staff unsuccessfully discussed with Rockwall County the possibility of
securing jurisdiction of at least the 19.5 acres under current consideration, due to its requested
annexation and the difficulty of providing municipal sewer treatment to the entire tract.
3. The ETJ provides municipalities with the authority to control the subdivision platting(but not use
and development standards)of unincorporated lands which are appropriate for future annexation
into that municipality and provision of municipal services. The City is obligated to provide public
utilities and services within their established ETJ. Wylie currently provides no public services or
utilities to the subject property, although private sewer collection and pumping services which
connect to the Wylie system are being constructed to the northwest of the subject property and
will make City of Wylie sewer treatment available soon. However, due to the topography and
multiple jurisdiction of the subject tract,it is not likely that the entire 19.5 acres can be efficiently
serviced by a single municipal sewerage system without the use of lift stations and force mains.
4. Rockwall County has recently approved a private system which can provide sewer collection and
treatment to the entire 19.5 acres. Therefore,the applicant is requesting release from the City of
Wylie ETJ in order to serve the entire 19.5 acres by this Rockwall County-approved and
monitored. A similar request has been made to the City of Rowlett to release the southern 3.4
acres from the Rowlett ETJ, and the Rowlett City Council will consider the request at their
October 15 meeting.
5. The applicant has provided a suggested layout for development of the entire 19.5 acres which
honors the varied development regulations and jurisdictional lines. City of Wylie sewerage will be
available to the subject property in the near future, and the differing regulations of street and lot
sizes and administration of development permitting and monitoring can be efficiently
accommodated without added time or cost to the development process.
6. Similar requests as the current one have been made previously, and additional such requests are
anticipated in the future, especially until the City can comply with its obligation to provide
adequate utilities and services to the ETJ. The Council needs to provide clear policy direction for
staffto address such requests in the future. A Resolution is provided should the Council desire to
approve the current request and release of the subject ETJ to Rockwall County.
Board/Commission Recommendations
NA
Staff Recommendations
Policy direction is needed from Council.
The entire 19.5 acres can be developed in a manner which honors the varied jurisdictional lines and
development regulations as currently exist. These jurisdictional differences have existed for a number
of years,and existed when the applicant purchased the subject tract. The applicant has demonstrated
that the property can be developed efficiently under the varied regulations, and has failed to
demonstrate any hardship sufficient to justify loss of control by the City of Wylie.
If the subject property is released from City of Wylie control and developed according to the
regulations of Rockwall County,it will not be provided City utilities or emergency services and is not
likely to be appropriate for future annexation in to the City of Wylie. Such substandard development,
immediately adjacent to the City of Wylie and beyond City controls, could become a visual and
economic liability to the City in the future.
The Rockwall County Commission has expressed its intention to maintain exclusive jurisdiction of
development within the County, and has issued specific approval to sewer services for the subject
property.
Attachments
Location Map
Ordinance
Letter From Owner/Applicant Requesting Release From ETJ
Letter From Rockwall County Advising That The County Desires To Maintain Exclusive Jurisdiction
Potential Site Plan
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Prepar d by Reviewed by Finance City Mana_� royal
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LOCATION MAP
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING IN PART
RESOLUTION NO. 2002-05; RELEASING A PORTION OF THE
EXTRATERRITORIAL JURISDICTION BACK TO ROCKWALL COUNTY;
AND PROVIDING AN EFFECTIVE DATE:
WHEREAS,the property described herein includes approximately 14.78 acres northeast of Troy Road and
west of the City of Garland corporate limits,being located entirely within Rockwall County; and
WHEREAS, on March 26, 2002 the City Council approved Resolution No. 2002-05 establishing the
Extraterritorial Jurisdiction of the City of Wylie, including the aforesaid 14.78 acres within Rockwall
County;and
WHEREAS,the Commissioners Court of Rockwall County did on April 1,2002 express their desire to
retain jurisdiction of all lands within Rockwall County,including said 14.78 acres,and the owners of said
14.78 acres have requested that said property be excluded from the Extraterritorial Jurisdiction of the City
of Wylie and be subject to the exclusive jurisdiction of Rockwall County; and
WHEREAS,the City of Wylie cannot provide sewer services to said 14.78 acres as required by Section
42.024 of the Texas Local Government Code; and
WHEREAS,Section 42.023 of the Texas Local Government Code provides that the Extraterritorial
Jurisdiction of a municipality may not be reduced unless that governing body of the municipality gives its
written consent by ordinance or resolution, the applicants of said 14.78 acres having complied with all
requirements of said Section;
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS,THAT:
SECTION 1: That the Maps and Descriptions identifying the Extraterritorial Jurisdiction of the City of
Wylie, as adopted on March 26, 2002, be amended to exclude the aforesaid 14.78 acres, and that said
14.78 acres be hereby transferred to the exclusive jurisdiction of Rockwall County.
SECTION 2: That this release and transfer of jurisdiction shall extend only to the public right,title and
interest which the City of Wylie may have in and to said 14.78 acre tract,and shall be construed to extend
only to such interest as the governing body of the City of Wylie may legally and lawfully release and
transfer.
SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City
Council, as the law in such cases provides.
PASSED AND APPROVED by the City Council of the City of Wylie,Collin County,Texas this
day of September,2002.
John Mondy,Mayor
City of Wylie,Texas
ATTEST:
Barbara Salinas, City Secretary
City of Wylie,Texas
•
September 16, 2002
Mr. Claude Thompson
City Planner
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
Re: Formal Request for Release of the Extraterritorial Jurisdiction of the
City of Wylie on a Portion of a 19.456-Acre Tract of Land out of the L.
B. Outlaw Survey, Abstract No. 173, and Being More Fully Described
in Exhibit "A" Attached Hereto.
Dear Mr. Thompson:
Realty Development Trust ("RDT"), as Applicant, acting for and on behalf of
Viseth Saengchanthavong, owner, previously submitted on July 10, 2001 a
request for consensual annexation of the above referenced property (the
Property) located generally at the northeast corner of the intersection of Vinson
Road (County Line Road) and Troy Road and being adjacent on the south side of
Sunrise Beach Estates (Cab. A, slide 53 D.R.R.C.T.), County of Rockwall, Texas.
This application was placed on hold pending resolution of certain conflicting
municipal and county jurisdictional issues. As a result of numerous meetings and
discussions with all governmental entities concerned, and given the difficulties of
development under the current umbrella of jurisdictions, we have taken the
following action to assure developmental integrity of the Property:
1. The issue involving the release of the ETJ of the southern portion of the
Property south of the GP&L easement from the City of Rowlett has been
resolved and the formal hearing for approval is scheduled for either
October 1st or October 15th.
2. Previous request to the City of Garland for the re-routing of their existing
100' annexation strip (contained within the GP&L utility easement) has
been dropped as this re-routing would by necessity retain its 100' width
and therefore significantly degrade our platting efficiency and would afford
no other benefit.
Additionally, in support of our request, please refer to your June 13, 2002 letter to
County Judge Bill Bell of Rockwall County, a copy of which is attached. It
appears that the above referenced request would, as far as the subject Property
is concerned, resolve any outstanding issues between the City of Wylie and the
County as to the designation of a single subdivision platting authority as required
by H. B. 1445.
Request for Release of ETJ
September 16,2002
Therefore, we respectfully request the City of Wylie take the following action:
1. Withdraw the pending annexation request by Realty Development Trust
and provide a written acknowledgment of such withdrawal.
2. Process the above referenced request by either appropriate administrative
action or by formal resolution by the City Council.
Attached is a survey plat with a metes and bounds legal description of the
Property as prepared by Barry Rhodes, registered professional land surveyor,
with the subject request area so marked.
If there is any additional information you require, please let me know.
Sincerely,
Realty Development Trust
C. Phillip Clegg,
Trustee
Attachments
Cc: Mindy Manson
Legal Owner of Property:
By:
Name: Viseth aengchanthavong
Date: � 2j ~ 0 "71
9
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BILL BELL,J.D.,L.L.M.
COUNTY JUDGE
Rockwall County Government Center Telephone:(972)882-0240
1101 Ridge Road,Suite 206 Fax:(972)882-0247
Rockwall,Texas 75087
April 10, 2002
Mr. Claude Thompson
Director Of Planning
City Of Wylie
2000 Highway 78 North •
Wylie, Texas 75098
Dear Mr. Thompson:
The Commissioners Court of Rockwall County voted April 1, 2002, to correspond with each
city in our county advising that the County prefers to have exclusive jurisdiction for development
in all ETJ areas.
If any city desires a meeting with the county, please advise my office.
Sincerely,
ill Bell, J.D., L. .M.
County Judge
Rockwall County
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VVYLIE CITY COUNCIL
AGENDA ITEM NO. a.. .
October 22, 2002
Issue
Consider and act upon approval of a Resolution ofthe city council ofthe City of Wylie,Texas,determining a
public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official
determination to acquire property for the Rush Creek force main project; establishing procedures for the
acquisition,by purchase or condemnation, of property.
Background
Construction will begin on the Rush Creek force main project in the next few weeks, and we have been
unable to acquire one of the easements necessary for construction. The easement is adjacent to the Rush
Creek lift station and located on property owned by Boman Land Partners, Ltd. The resolution will
authorize the City Manager to proceed with condemnation if necessary to acquire the easement.
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends adoption of a resolution establiching a public necessity to acquire property for the Rush
Creek force main project.
Attachments
Resolution and Exhibit 'A'
Prepared by Reviewed by Finance City Manager 1p val
CITY OF WYLIE,TEXAS RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,
DETERMINING A PUBLIC NECESSITY TO ACQUIRE,BY PURCHASE OR
CONDEMNATION,CERTAIN PROPERTY;GIVING NOTICE OF AN OFFICIAL
DETERMINATION TO ACQUIRE PROPERTY FOR THE RUSH CREEK FORCE MAIN;
ESTABLISHING PROCEDURES FOR THE ACQUISITION,BY PURCHASE OR
CONDEMNATION,OF PROPERTY.
WHEREAS,the City Council of the City of Wylie,Texas("City Council"),hereby officially determines
that there is a public necessity for,and the public welfare and convenience will be served by,the acquisition,by
purchase or condemnation,of the property described in Exhibit"A"and it is the City of Wylie,Texas' ("Wylie")
intention to acquire,by purchase or condemnation,the real property as set out and described in Exhibit"A"attached
hereto and made a part of this resolution of for all purposes(the"Property")as part of the Rush Creek Force Main
Project of Wylie for the purposes of the construction of a sanitary sewer force main.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1: The City Council hereby officially determines that there is a public necessity for,and the
public welfare and convenience will be served by,the acquisition,by purchase or condemnation,of the Property
described in Exhibit"A"and it is Wylie's intention to acquire,by purchase or condemnation,the Property as set out
and described in Exhibit"A"attached hereto and made a part of this resolution of for all purposes as part of the
Rush Creek Force Main Project of Wylie for the purposes of the construction of a sanitary sewer force main.
SECTION 2: The City Manager is hereby authorized to contract,on behalf of Wylie,with professional
appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to
time in connection with acquisition,by purchase or condemnation,of the Property for the Rush Creek Force Main
Project.
SECTION 3: After consideration of said recommendation,the City Manager shall establish and
approve the amount determined to be just compensation for acquisition of the Property.
SECTION 4: Upon establishment and approval by the City Manager of the amount of just
compensation for the acquisition,the City Manager is authorized to communicate a written offer to the owner of said
Property for acquisition of said Property at the full amount determined and established to be just compensation
therefore,and to negotiate with said owner on behalf of Wylie.
SECTION 5: That the City Manager be and is hereby authorized to execute all documents necessary to
acquire the Property needed for said project,on behalf of Wylie.
SECTION 6: Should the City Manager be unable to acquire the Property by purchasing the same,the
City Manager is authorized to instruct the City Attorney's Office to commence condemnation proceedings for the
acquisition of the Property.
SECTION 7: That this resolution shall take effect immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,on
this day of ,2002.
JOHN MONDY,MAYOR
ATTESTED TO AND
CORRECTLY RECORDED BY: APPROVED AS TO FORM:
BARBARA SALINAS ABERNATHY,ROEDER,BOYD
City Secretary &JOPLIN,P.C.
RICHARD M.ABERNATHY
City Attorneys
DATE(S)OF PUBLICATION:
RESOLUTION-Page 2
Condemnation Resolution
EXHIBIT "A"
LEGAL DESCRIPTION
30' SANITARY SEWER EASEMENT
Being 31,399 square feet or 0.7209 acre tract of land situated in the A. West Survey, Abstract No.
979, Collin County, Texas, and being the part of a tract of land described in the deed to Bozman Land
Partners, Ltd., a Texas limited partnership recorded in Volume 5085, Page 2320, Deed Records of
Collin County, Texas, and being more particularly described as follows:
BEGINNING at the southeast corner of said Bozman tract and, said point being in the west line of
Troy Road and being in the common line of said A. West Survey and the J. D. Shelby Survey,
Abstract 819, Collin County, Texas;
THENCE, N 89°07'04" W, departing the east line of Troy Road and with the south line of said
Bozman tract, said A. West Survey and said J. D. Shelby Survey, a distance of 1048.38 feet, said
point being the common south corner of said Bozman tract and a tract of land conveyed to Billy Ray
Burdine by deed recorded in Volume 825, Page 240, Deed Records of Collin County, Texas;
THENCE, N 00°23'11" E, with the common line of said Bozman and Burdine tracts, a distance of
30.00 feet to a point for a corner;
THENCE, S 89°07'04" E, a distance of 1044.88 feet to a point for a corner, said point being in the
east line of Troy Road;
THENCE, S 06°15'10" E, with the east line of Troy Road, a distance of 30.25 feet to the point of
Beginning.
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LEGAL DESCRIPTION
50' TEMPORARY CONSTRUCTION EASEMENT
Being 52,102 square feet or 01.1961 acre tract of land situated in the A. West Survey, Abstract No.
979, Collin County, Texas, and being the part of a tract of land described in the deed to Bozman Land
Partners, Ltd., a Texas limited partnership recorded Volume 5085, Page 2320, Deed Records of
Collin County, Texas, and being more particularly described as follows:
COMMENCING at the southeast corner of said Bozman tract and, said point being in the west line of
Troy Road and being in the common line of said A. West Survey and the J. D. Shelby Survey,
Abstract 819, Collin County, Texas, THENCE, N 06°15'10" W, with the east line of Troy Road, a
distance of 30.23 feet to the point of Beginning;
THENCE, N 89°07'04" W, departing the east line of Troy Road, a distance of 1044.88 feet to a point
far a corner, said point being in the common line of said Bozman tract and a tract of land conveyed to
Billy Ray Burdine by deed recorded in Volume 825, Page 240, Deed Records of Collin County,
Texas;
THENCE, N 00°23'11" E, with the common line of said Bozman and Burdine tracts, a distance of
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WYLIE CITY COUNCIL
AGENDA ITEM NO. 3.
October 22, 2002
Issue
Consider and act upon approval of an Ordinance establishing water-zoning regulations for the area of
Lake Lavon within the corporate limits of Wylie.
Background
The purpose of this ordinance is to adopt the federal water zoning regulations established by the Water
Safety Act. These water-zoning regulations are already in effect on Lake Lavon and are enforced by the
Army Corp of Engineers.The Regional Texas Parks and Wildlife Commander has requested that the City
of Wylie adopt these water-zoning regulations so that Texas Parks and Wildlife Officers can enforce the
regulations as well. Because these are Federal Regulations the State officers must have the Local
Governing Body adopt the regulations before they can enforce them. Collin County has adopted the
water zoning regulations for the areas of Lake Lavon that are not in the City of Wylie. Captain Collins of
the Texas Parks and Wildlife advises that the ability to enforce these water-zoning regulations is crucial
to the safety of all citizens engaged in recreational activities at Lake Lavon.
Financial Considerations
None
Other Considerations
None
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends Adoption of the Water Zoning Regulation Ordinance.
Attachments
Copy of the Water Zoning Regulation Ordinance.
Prepared by Reviewed by Finance Cityg Mana p s o al
CITY OF WYLIE,TEXAS ORDINANCE NO.
AN ORDINANCE ESTABLISHING WATER ZONING RULES AND
REGULATIONS FOR ALL PORTIONS OF LAKE LAVON LOCATED
WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE,TEXAS;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES;PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION THEREOF.
WHEREAS,the City Council of the City of Wylie,Texas("City Council")has investigated
and determined that it will be advantageous and beneficial to the City of Wylie,Texas("Wylie")and
its inhabitants to establish water zoning rules and regulations for all portions of Lake Lavon located
within the corporate limits of the Wylie; and
WHEREAS, the City Council finds that it is necessary for the protection and safety of the
citizens of Wylie to establish water zoning rules and regulations for all portions of Lake Lavon
located within the corporate limits of Wylie.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Public Launching Sites. Each of the public launching sites including,but not
limited to,East Fork Park,East Fork Marina,Avalon Park,Lavonia Park,Mallard Park,Little Ridge
Park and Pebble Beach Park, on Lake Lavon, City of Wylie, Collin County, are zoned "No Wake
Areas" and will be properly identified as such, by placement of at least two (2) "can"type buoys
displaying "No Wake" encircled, two hundred (200) feet out from the launching ramps and two
hundred(200)feet apart.
All public launching sites are zoned"No Swimming Areas"and will be identified as such by
placement of a sign which reads"Swimming and Bathing Prohibited in Approaches to or on the Boat
Ramps"or equivalent at each launching site.
SECTION 3: Watercraft Prohibited. Each of the swimming areas on Lake Lavon, City of
Wylie, Collin County, including, but not limited to Little Ridge, East Fork, Avalon, Mallard and
Pebble Beach Parks are zoned "No Boating Area" and will be identified as such by placement of
"can"type buoys marked "Swimming Area—Keep Out"two hundred(200)feet out and along the
perimeter of the swimming area which will be further identified by placement of a"capsule"buoy line
outlining the perimeter of the designated swimming area.
ORDINANCE ESTABLISHING WATER ZONING RULES AND REGULATIONS FOR LAKE LAVON —Page 1
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In any area zoned a "No Boating Area", all watercraft are prohibited, including, but not
limited to,power boats, motor boats,personal watercraft, any motor-driven craft and any wind- or
man-powered crafts.
SECTION 4: Water Intake Structures.
A. Two North Texas Municipal Water Utilities intake structures. The water area three
hundred (300) feet in front of both water intake structures owned and operated by
North Texas Municipal Water Utilities,is zoned as'Danger Areas"will be identified
as such by placement of a sign on the face of the structures which reads'Dangerous
Current— Stay 300 Feet Away,"and/or buoys displaying the universal markings of a
diamond with inner cross and the words'Danger—Keep Out."
B. Garland Power Plant,inlet and outlet channels. The water area three hundred feet in
front of the Garland Electric Power Plant intake structure and three hundred feet
below the end of the outlet structure are zoned'Danger Areas"and will be identified
by placement of"can"type buoys displaying the universal markings of a diamond with
inner cross and words'Danger—Keep Out"on a perimeter of three hundred feet on
the water side of both structures.
C. East Fork and Avalon intake structures. The water area three hundred(300)feet in
front of the water intake structures known as East Fork and Avalon are zoned as
"Danger Areas"will be identified as such by placement of a sign on the face of the
structures which reads 'Dangerous Current — Stay 300 Feet Away," and/or buoys
displaying the universal markings of a diamond with inner cross and the words
"Danger—Keep Out."
SECTION 5: Lavon Dam Inlet and Outlet Structure. The water area three hundred(300)
feet upstream on the Lavon Dam gate facilities is zoned a 'Danger Area" and will be identified as
such by placement of"can"type buoys displaying the universal markings of a diamond with inner
cross and the words"Danger—Keep Out"on a perimeter of three hundred(300)feet upstream from
the face of the gate facilities.
Also, due to the slippery surfaces and strong water current and undertow, the immediate
shoreline adjacent to the gate facilities is zoned a 'Danger Area" and will be so marked by signs
reading"Restricted Area—Keep Out."
The water area below the dam to the railroad bridge approximately four hundred(400)feet
downstream,is zoned a'Danger Area"and will be so identified by signs reading'Danger No Floats,
Boats or Wading Beyond This Point"located to face downstream and adjacent bank fishing areas.
SECTION 6: Commercial Marinas and/or Floating Concession Facilities. The water areas of
marinas and/or concession areas under License agreement with the U.S.Army Corps ofEngineers on
Lavon Lake are zoned"No Wake Areas"and will be so identified by placement of"can"type buoys
displaying"No Wake"encircled,as prescribed by the Universal State Waterways marking system,on
ORDINANCE ESTABLISHING WATER ZONING RULES AND REGULATIONS FOR LAKE LAVON —Page 2
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the perimeter of the controlled area and/or upon approaches to the controlled area,whichever is more
practical.
SECTION 7: Endangering Life or Property Prohibited. It shall be unlawful for any person to
operate any boat or other watercraft on any portion of Lake Lavon lying within the corporate limits of
Wylie in such a manner as to endanger life or property.
SECTION 8: Other Areas. Other areas where Wylie identifies a hazard to life or property
may be designated as "No Boating Area" or "No Wake Area" with installation of appropriate
markings. These areas may include future marina sites,barge areas, shoals, shoreline abutments,and
other water hazards.
SECTION 9: Penalty Provision. Any person,firm, corporation or business entity violating
this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined a
sum not exceeding FIVE HUNDRED AND NO/100 DOLLARS($500.00). Each continuing dais
violation under this Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 10: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal ofthe ordinance.
Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 11: Severability. Should any section, subsection,sentence,clause or phrase ofthis
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Wylie hereby declares that it would have passed this Ordinance,and each section, subsection,clause
or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 12: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this day of , 2002.
JOHN MONDY,Mayor
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ATTESTED TO AND
CORRECTLY RECORDED BY:
BARBARA SALINAS
City Secretary
DATE(S)OF PUBLICATION:
ORDINANCE ESTABLISHING WATER ZONING RULES AND REGULATIONS FOR LAKE LAVON —Page 4
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