11-10-1987 (City Council) Agenda Packet AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE
NOVEMBER 10, 1987
7 :00 P. M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 9 Consider approval of minutes
for October 17, 1987 Council
meeting
2 10 - 11 Consider acceptance of letter
of resignation from Mr . Steve
Fortenberry from the Library
Board
3 Oral Consider appointment of
replacement for Steve
Fortenberry on the Library
Board with term expiring July,
1989
4 12 Consider presentation by Mrs .
Franks concerning the
Ambulance Service
5 13 - 14 Consider recommendation from
Planning and Zoning regarding
possible amendment to
Ordinance 84-10A - Building
Code
6 15 Consider approval to grant
authorization to City Staff to
seek bids for Custodian
Services at the New Municipal
Complex, Library, Community
Center and Public Works
7 16 - 19 Consider approval of
Construction Draw #13 for
Speed Fab-Crete in the amount
of $150 ,000 .00
PUBLIC HEARING AND READING OF ORDINANCES
8 20 - 23 Conduct Public Hearing for the
purpose of implementing 9-1-1
Service within the City Limits
of Wylie
9 24 - 31 Conduct Public hearing for the
rezoning request of Thirsk
Corporation on 158 acres out
of the Allen Atterbury Survey,
Abstract No. 23 - requested
zoning is for SF-1 , SF-2 , SF-
3 , Retail and Business -1
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
PUBLIC HEARING AND READING OF ORDINANCES
10 32 - 35 Consider approval of a Zoning
Ordinance for 158 Acres out of
the Allen Atterbury Survey,
Abstract 23 for Thirst
Corporation
11 36 - 43 Consider approval of a
Resolution authorizing the
City manager to apply and
participate as the City' s
Designated Representative in
the Governor ' s Community
Achievement Awards Program
Sponsored by KEEP TEXAS
BEAUTIFUL, INC.
12 44 - 47 Consider approval of an
Ordinance to provide times for
schools zones within the City
of Wylie
13 48 - 49 Consider approval of an
Ordinance upgrading the
penalty in City Ordinances in
accordance with State Law
14 50 - 51 Consider approval of an
Ordinance amending Ordinance
No. 78-17 section 20c to
provide truck routes within
the City limits of Wylie
15 52 - 53 Consider approval and
acceptance of offsite drainage
easement for Quail Hollow
Phase 2
16 Oral Consider approval of Street
Dedication for Quail Hollow
Phase 2
17 Adjourn
CITY COUNCIL MEETING
MINUTES
OCTOBER 27 , 1987
The Wylie City Council met in regular session on Tuesday,
October 27 , 1987 at 7 : 00 P .M. in the Community Room. A
quorum was present and notice of the meeting had been posted
in the time and manner required by law. Those present were
Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan, Council
Members Marvin Blakey, Cal Westerhof, Chris DiTota , and Kent
Crane, City Manager James Pitstick, City Secretary Carolyn
Jones, Code Enforcement Officer Roy Faires, Finance Director
James Johnson, Public Works Superintendent Don White,
Assist. Engineer Ron Homeyer, and Chief of Police Royce
Abbott . Councilman John Akin was out of town.
Mayor Trimble called the meeting to order and Councilman
Westerhof gave the invocation.
APPROVAL OF MINUTES: Minutes were submitted for the October
13 , 1987 Council meeting . There being no additions or
corrections to the minutes , a motion was made by Councilman
Westerhof to approve as submitted . Seconded by Councilman
DiTota. The vote was as follows: Mayor Trimble - in favor ,
Mayor Pro Tem Donovan - in favor , Councilman Westerhof - in
favor, Councilman DiTota - in favor, Councilman Crane - in
favor , and Councilman Blakey - in favor . This motion
carried with all in favor .
CONSENT AGENDA: The following were listed under the consent
agenda : Approval of new Library hours , from 10 AM to 7 PM
Monday thru Friday and closed on Saturday, effective Nov. 1 ,
1987, Authorization for staff to seek bids for two (2)
police cars; acceptance of Eubanks Sewer Line Extension;
Approval of Chain of Command letter; approval of Ordinance
setting school zone times; approval of resolution supporting
Amendment No. 17 . The items listed under the consent agenda
are considered as one item. The Council may move, by motion
and second, to approve or reject all items contained within.
Any Council member may request that an item or items be
pulled from the Consent Agenda and considered separately.
If such a request is made, those items will occur in
numerical order immediately following the vote on the
consent agenda. Motion was made by Councilman Westerhof to
approve the consent agenda . Seconded by Councilman DiTota .
Mayor Pro Tem Donovan requested that the item setting school
zone hours be pulled and handled separately.
Mayor called for a vote on the consent agenda with the
except of the school zone hours . The vote was as follows :
Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor ,
Councilman Westerhof - in favor , Councilman DiTota - in
favor, Councilman Crane - in favor, Councilman Blakey - in
favor . This motion carried with all in favor .
Mayor Pro Tem Donovan stated that the hours for school zones
reflected in the ordinance for State Highway 78 should have
the 11: 00 thru 12 :30 deleted . The flashing lights do not
come on during the lunch hours . Motion was made by Mayor
Pro Tem Donovan to approve the school zone hours with the
correction of time for the State Highway hours deleting
11: 00 thru 12: 30 . Seconded by Councilman Crane. The vote
was as follows : Mayor Trimble - in favor , Mayor Pro Tem
Donovan - in favor, Councilman Westerhof - in favor,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor. This motion carried with
all in favor .
APPROVAL OF RESOLUTION GRANTING AUTHORIZATION TO CITY
MANAGER TO PROCEED WITH REALLOCATION OF 1983 COLLIN COUNTY
BOND FUNDS AND ADMINISTRATION, DESIGN, AND CONSTRUCTION OF
SPRING CREEK PARKWAY AND SANDEN BLVD : Motion was made by
Councilman Westerhof to approve and sign the resolution
granting authorization to City Manager to proceed with the
reallocation of 1983 Collin County Bond Funds. Seconded by
Councilman Blakey.
Councilman Crane wanted to know if we were hearing from the
study council had asked County to do. City Manager John
Pitstick said this will not effect that study, this will be
part of it .
Mayor Trimble called for a vote on the above motion . The
vote was as follows: Mayor Trimble - in favor, Mayor Pro
Tem Donovan - in favor , Councilman Westerhof - in favor ,
Councilman DiTota - in favor, Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
APPROVAL OF RESOLUTION AUTHORIZING CITY MANAGER/STAFF TO
NEGOTIATE LEASING OF SPACE IN THE NEW MUNICIPAL COMPLEX TO
OTHER GOVERNMENTAL AGENCIES: Councilman DiTota wanted to
know if there has been any interest in the leasing of this
building . City Manager John Pitstick said Collin County is
interested in moving the J P Court and office into this
building, staff is not looking at private sector, just
governmental agencies . Councilman Crane wanted to know how
the cost compared to other office space being leased. City
Manager John Pitstick said County made the statement they
are paying $11 .00 sq. ft . in Plano .
Motion was made by Councilman Westerhof to approve the
resolution authorizing City Manager/Staff to negotiate
leasing of space in the new municipal complex . Seconded by
Mayor Pro Tem Donovan. The vote was as follows: Mayor
Trimble - in favor , Mayor Pro Tem Donovan - in favor ,
Councilman Westerhof - in favor, Councilman DiTota - in
favor , Councilman Crane - in favor , and Councilman Blakey -
in favor , This motion carried with all in favor.
APPROVAL OF THE AMENDED 87-88 BUDGET: The amended 87-88
budget will fund the $200 ,000 . deficit and eliminates 14
positions, the tax rate will remain at $ . 59 per $100 .00
valuation . Motion was made by Councilman Westerhof to
approve the amended 87-88 budget . Seconded by Councilman
DiTota . The vote was as follows : Mayor Trimble - in favor ,
Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in
favor , Councilman DiTota - in favor , Councilman Crane -
abstained, and Councilman Blakey - in favor . This motion
carried with all in favor .
APPROVAL OF RESOLUTION VALIDATING THE TAX ROLLBACK PETITION:
There were 586 valid voter signatures on the rollback
petition. Motion was made by Councilman Crane to approve
and sign the resolution validating the tax rollback
petition. Seconded by Councilman Westerhof . The vote was
as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan
- in favor, Councilman Westerhof - in favor, Councilman
DiTota - in favor , Councilman Crane - in favor , and
Councilman Blakey - in favor . This motion carried with all
in favor .
APPROVAL OF THE CALL AND ORDER FOR ELECTION FOR JANUARY 16 ,
1988 FOR REDUCING THE TAX RATE: Motion was made by
Councilman Blakey to approve the call and order for Election
for January 16 , 1987 for reducing the tax rate. Seconded by
Councilman DiTota . The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Donovan - in favor, Councilman
Westerhof - in favor , Councilman DiTota - in favor ,
Councilman Crane - in favor , and Councilman Blakey - in
favor . This motion carried with all in favor .
APPROVAL OF RESOLUTION CASTING VOTES FOR REVIEW BOARD FOR
COLLIN COUNTY CENTRAL APPRAISAL DISTRICT: Councilman Crane
called a member of the school board for verification on who
they had nominated . Since they did not nominate anyone for
this board , they will support the person that Wylie votes
for . Motion was made by Councilman DiTota to cast all 27
votes for Mr . Tim Paschall . Seconded by Councilman Crane.
The vote was as follows : Mayor Trimble - in favor , Mayor
Pro Tem Donovan - in favor, Councilman Westerhof - in favor ,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor. This motion carried with
all in favor .
APPROVAL OF AWARD OF BID FOR ASPHALT OVERLAY FOR COTTONBELT
AND PARK ROAD: There were four (4) bids received from the
following :
Hasty Brothers $15 ,000 .00
Marriott Construction $12 ,255 .00
Austin Paving $12 ,573 .00
APAC Texas Bitulithic $11,232 .00
Councilman DiTota wanted to know if the guarantee from all
bids were the same. Finance Director James Johnson said all
bids were bid with the same specs , with net 30 days to pay
after completion .
Mayor Pro Tem Donovan said there was a priority list and
Cottonbelt jumped up from no where. I have a problem with
pushing the priority list out . We do not have the right
footage on Cottonbelt , there are fences on the right-of-way.
City Manager John Pitstick said this was a good point, but
staff wanted to get some streets done before winter and then
come back with a full program in the Spring . The concern is
if these are not done we will loose the base.
Mayor Pro Tem Donovan said what kind of precedence are we
setting if we do Cottonbelt without assessing .
Council also wanted to know how Williams Street was done .
Mr . Don White, Public Works Superintendent said we had 50%
participation from the School on Williams Street . Mr . White
also said that the excess overlay materials were used
between Wylie Auto and the Sonic on Williams .
Councilman Crane said he would rather see more pot holes
patched than to award $14 ,000 . to do streets . Councilman
Crane also asked Mr . White if they were still having a
problem with the tack coat machine . Mr . White said the tack
machine will not put an even coat on the street. This could
cause us some problems if it is not spread evenly.
Mayor Trimble said that staff did need to get back on tract
with the priority list .
Motion was made by Councilman Blakey to award the bid to the
lower bidder - APAC Texas Bitulithic in the amount of
$11 ,232 .00 . Seconded by Councilman Westerhof . The vote was
as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan
- in favor , Councilman Westerhof - in favor , Councilman
DiTota - in favor, Councilman Crane - in favor , and
Councilman Blakey - in favor . This motion carried with all
in favor .
APPROVAL OF REPLAT OF OAKS RETAIL ADDITION: Code
Enforcement Officer Roy Faires said this is a replat for an
additional lot . Staff and Planning and Zoning Commission
recommends approval of the replat . Motion was made by Mayor
Pro Tem Donovan to approve the replat of Oaks Addition.
Seconded by Councilman Crane. The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor,
Councilman Westerhof - in favor , Councilman DiTota - in
favor , Councilman Crane - in favor, and Councilman Blakey -
in favor . This motion carried with all in favor .
CITIZEN PARTICIPATION: Orton Messenger, Jr . 504 Rustic
Place - on the reallocation of 83 Collin County Bond money,
where did you say it was going. City Manager John Pitstick
said $1 ,080 ,000 allocated toward Spring Creek Parkway,
$747 ,000 . to Plano Parkway and $100 ,000 . to Highway 78 . We
are requesting that $847 ,000 . be reallocated to Sanden Blvd .
Mayor Trimble stated that Plano Parkway was built by
developers in Plano and the money was just moved to another
project .
Allan Nosar 505 Rustic Place why was the money put on Sanden
Blvd . instead of Highway 78 . Why did you choose Sanden - -
State is coming through on FM 544 and Highway 78 but we do
not know if the County will come through with money. Mayor
Trimble said in working to bring Sanden into Wylie, we said
we would get the street put in, we are trying to use the
County funds .
Michael Turner 201 N. Keefer asked the City Manager what had
been promised to Sanden. Mayor Trimble said nothing
promised, we said we would try to get a road put in. City
Manager John Pitstick said the City will put in a rock road
if necessary. Mr . Turner said if this money does not
complete the road who will pay for it. Mayor Trimble said
it may not get built out at first, but it will get it
started . Councilman Blakey said it will be needed for
Sanden and they may pay for part of the completion . Mr .
Turner wanted to know how much the City would get in taxes .
Mayor said around $200 ,000 .00 . Councilman Crane said that
when developers come in staff works with them to get the
roads put in that are in their development . Mr . Turner said
this seems like a lot of money for one road and it may not
complete the one road . Mayor Trimble said there is a lot of
cost due to the railroad crossing and the bridge. Mr .
Turner wanted to know why this 83 money sat for five (5)
years . Mayor Trimble said because it was not released until
now. Mayor Pro Tem Donovan said also because Council was
looking at the "S" curve on Brown Street. Mr . Turner wanted
to know what the tax rate will be if there is a rollback.
Mayor Trimble said $ .50 cents per $100 .00 valuation.
COUNCIL DISCUSSION: Councilman Blakey wanted to know the
City' s status on the membership with the Dallas County
Electrical Advisory Board. Mr . Roy Faires stated that on
page 41 of the packet was a memo stating that the City had
attended the meeting and has processed all paper work, we
are waiting for the other cities to sign the papers and
return to us. Councilman Blakey also stated that in
regards to the Planning and Zoning minutes , that a builder
had brought up the question of 75% masonry on the first and
second floors . I did check with other cities and Dallas,
Richardson and Plano did not consider the second floor at
all . I am not the builder , one concern is masonry on the
second floor is not always feasible. Councilman Crane
said he agrees with Mr . Blakey, there are a lot of beautiful
homes in these cities that do not have masonry on the second
floor . I feel we should compare our ordinance to the cities
around us. Mr . Faires stated that the Planning and Zoning
Commission was not in favor of this and said if anything it
needed to be more masonry than less . City Manager John
Pitstick said maybe we should do a survey of eight to ten
cities and bring it back to Council on how these cities look
at this and enforce it . Mr . Faires said that Planning and
Zoning Commission said that we were the only city that
enforced it . Councilman Blakey said he would like to see
the study.
Councilman DiTota said that on the last council meeting , the
refuse ordinance was passed, are we notifying the citizens
on the water bills . City Manager John Pitstick said we will
put it in the water bills. Councilman DiTota also wanted to
know if staff had found out any thing about the adopt a
Highway project . City Manager John Pitstick said he would
like to get the program together and come back in the Spring
to get it started .
Mayor Trimble recessed the open meeting and convened Council
into executive session at 8 : 35 P .M. under the authority of
Article 6252-17 V.A.C.S . , Section 2 paragraph "g" personnel
- effect of amended budget on personnel , paragraph "f"
negotiations concerning real property, city limits and ETJ
Murphy and St . Paul and the new Municipal Complex , and
paragraph "e" consultation between the governmental body and
its attorney, Landfill .
Mayor Trimble reconvened the Council into open session at
10 :43 P .M.
There was no action on the above items.
APPROVAL OF CHANGE ORDER #4 WITH SPEED FAB-CRETE FOR
ALLOCATION OF $10 ,000 .00 CREDIT: Motion was made by Mayor
Pro Tem Donovan to approve the change order #4 with Speed
Fab-Crete as follows : separation of police and engineering
providing office for Chief, Lieutenant and Chief ' s
Secretary, providing for offices for engineer and staff ;
including the closing of the public hall to insure security
in the police area in the amount of $5,260 .00 and the
remaining chairs to be purchased for the council chambers .
Seconded by Councilman Crane . The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor,
Councilman Westerhof - in favor , Councilman DiTota - in
favor, Councilman Crane - in favor, and Councilman Blakey -
in favor . This motion carried with all in favor .
There being no other business, a motion was made to adjourn
with all in favor .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
5
PLANNING AND ZONING COMM I SS I ON
MEETING - MINUTES
OCTOBER 26, 1987
The City of Wylie Planning and Zoning Commission met for a
called meeting on Monday, October 26, 1987, in the Community
Room. A quorum was present and notice of the meeting had been
posted in the time and manner required by law. Those present
were: Chairman Brian Chaney, Marty Stovall, Bart Peddicord,
Cecilia Wood, Code Enforcement Officer Roy Faires, Secretary
Karen Blythe. Vice-Chairman Ben Scholz, Bob Skipwith and R. P.
Miller were absent.
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the October 15, 1987, meeting. Chairman
Brian Chaney noted that in Item 442 third to the last sentence
and under ADJOURN second to the last sentence Bob Skipworth
should have read Skipwith. Also, in the first paragraph of
page one Vice-President Ben Scholz should have read Vice-
Chairman. Mr. Chaney asked if there were any other any
corrections. A motion was made by Bart Peddicord to approve
the minutes with the noted corrections. Marty Stovall seconded
the motion. This motion carried with all in favor.
CONDUCT PUBLIC HEARING ON THE REQUEST FOR RE-ZONING FOR MULTI-
ZONING ON 158 ACRES OUT OF THE ALLEN ATTERBURY SURVEY ABSTRACT
23 (COMMONLY KNOWN AS THE THIRSK PROPERTY) : Chairman Brian
Chaney asked Roy Faires to give some information on this item
before opening the public hearing. Mr. Faires located the
Thirsk property on the map. He stated that this property is
zoned under the old SF1 and SF2 which corresponds with our
present SF2 and SF3. What the developers are propsing is to
rezone 57 acres to SF1, 22 acres to SF2, 67 acres to SF3, 5. 7
acres to Retail and 6. 5 acres to Business. Mr. Faires stated
as a member of the staff he would recommend approval of this
zoning as requested. The Public Hearing was opened at this
time by Chairman Brian Chaney for anyone who wished to speak
in favor of this item. Mr. William Kaufram of Master Plan
addressed the commission. Mr. Kaufram noted their company had
been working with Thirsk on the planning of this property.
Mr. Kaufram stated that after meeting with Mr. Faires, the
previous City Manager and the current City Manager and
obtaining information about the city' s master plan, current
zoning and other information they have tried to take the key
points in the city' s comprehensive plans and work them in
while matching the surrounding zoning so the zoning they touch
the neighbors with will be equal to or of higher zoning. Mr.
Kaufram pointed out on the map where they were planning the
zoning of retail and business. He stated they were trying to
buffer their business from the existing residential with their
own residential and what they are proposing is a plan that
meets the criteria of providing a variety of housing types,
meets the zoning of the surrounding properties and would
provide a development that would be a credit to the city.
Chairman Brian Chaney asked if anyone else would like to speak
for this item. James Griffin asked if there were any
provisions for parks. Mr. Chaney informed Mr. Griffin that
this would be taken up during the platting of this property
and not during the zoning. Marty Stovall asked what the ratio
of people per house was. Mr. Faires stated according to Cog
it was 2. 75. Marty Stovall asked if layout of the lot' s
property lines of the SF1 would go to the center of the creek.
Mr. Faires informed him that would be a platting matter and we
were only considering zoning tonight. Chairman Brian Chaney
asked if anyone would like to speak against this item. No one
addressed the commission. Mr. Chaney closed the public
hearing.
CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR THE
REZONING OF THE 158 ACRES OUR TO THE ALLEN ATTERBURY SURVEY
ABSTRACT 23 (COMMONLY KNOWN AS THE THIRSK PROPERTY: Chairman
Brian Chaney said that personally he felt this was a very
organized and well planned venture. He asked for questions or
recommendations. Marty Stovall recommended to the City
Council to approve the zoning as presented. Cecilia Wood
seconded this motion. This motion passed with all in favor.
ADJOURN: There being no other business, a motion was made by
Cecilia Wood to adjourn. The motion was seconded by Bart
Peddicord. This motion passed with all in favor.
/77 ,/7
rian Chaney - Chair n
Respectfully submitted
;7;2-22.4,...; g4&7-
Karen Blythe Secretary
PLANNING AND ZONING COMMISSION
MEETING - MINUTES
NOVEMBER 2, 1987
The City of Wylie Planning and Zoning Commission met in
regular session on Monday, November 2 , 1987 , in the Community
Room. A quorum was present and notice of the meeting had been
posted in the time and manner required by law. Those present
were Chairman Brian Chaney, Cecilia Wood, R.P. Miller , Bob
Skipwith, Marty Stovall , Code Enforcement Officer Roy Faires,
Secretary Karen Blythe. Vice-Chairman Ben Scholz and Bart
Peddicord were absent .
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the October 26, 1987 , meeting . Chairman
Brian Chaney asked if there were any corrections to be made.
There were none. A motion was made by Cecilia Wood to approve
the minutes as they were. This motion was seconded by R.P.
Miller . This motion passed with all in favor.
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR POSSIBLE AMENDMENT
TO ORDINANCE 84-10A BUILDING CODE: Brian Chaney asked Roy
Faires to comment on this item. Mr . Faires stated that he had
reported to the Council the discussion of this item from their
last meeting. The Council told Mr . Faires they thought he had
not provided the Planning & Zoning Commission with adequate
information and they felt he should inquire of other cities of
their brick requirement . Mr . Faires said as a result he
called five other cities. Three of the cities he called
required 75% brick for the first floor level with an
additional regulation of 50% for each and every elevation.
Mr. Faires noted he had spoke with McKinney and they said they
had repealed their ordinance in 1981 , and left the brick
requirement up to the developer to put in his deed
restrictions thereby relieving the code department of their
obligation to enforce this regulation. Mr . Faires went on to
say that brick does last longer and does reduce fire hazards
but there is a pressurized wood that will not burn but it is
expensive. Mr . Faires added that the argument which was
brought up about this ordinance had nothing to do with the
price of material but with what other cites were doing . Mr .
Faires stated he had found that each city establishes what
they consider the proper amount of protection for their
citizens. Bob Skipwith asked if this 75% was excluding
windows and doors. Mr . Faires said it was . Brian Chaney
stated he felt very strong about this ordinance and that he
was opposed to any changes that would limit it or weaken it .
R.P. Miller made the comment that he would like to see the
ordinance strengthened . He said he felt there should be brick
at the ground level with the exception of wood porches to
prevent possible fire hazards such as grass fires . Mr . Chaney
noted since the city has an ordinance for yard maintenance
that he saw no real problem with grass fires. Marty Stovall
r
stated that he felt that the 75% brick requirement was fair
but could understand why some builders did not see eye to eye
on this especially on two story homes where sometimes they
like to do special design features . Mr . Faires added that
other major builders of this city seem to have had no problems
complying with this ordinance. Marty Stovall noted that he
felt this ordinance was best for the general protection of the
community. Cecilia Wood added that she was afraid if the the
brick requirement was reduced that we would be adding a real
fire hazard to the homes with zero lot line. Brian Chaney
noted that the ordinance was strict but fair. R.P. Miller
moved that the recommendation to the City Council read that
the present ordinance be maintained as presently written with
no alterations . Bob Skipwith seconded this motion. This
motion passed with all in favor.
ADJOURN: There being no other business , a motion was made by
Bob Skipwith to adjourn. This motion was seconded by Marty
Stovall . This motion passed with all in favor .
Brian Chaney - Chairman
Respectfully submitted
Karen Blythe - Secretary
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
Nov. 5, 1987_ Resignation of Steve Fortenberry - Library Board /
Mr. Fortenberry has accepted a job in Louisana and
has already moved from Wylie. He was just recently
appointed to the Library Board and his term
expires July, 1989.
Council will need to accept Mr. Fortenberry's
letter of resignation and appoint someone to
complete his term.
As of this date, I have received no new
names of citizens whishing to serve on this
board.
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
J
FOR Ait so. .4FO.7 TACT: OTHER:
//
October 7, 1987
aayor and City Council
City of Wylie, Texas
Dear Lady and Gentlemen:
rhis letter is to inform you that I am moving to Lake Charles,
Louisiana and therefore must regretfully tender my resignation as
member and chairman of the Library Board. Although I have been
involved with the Board for only a short time, I have enjoyed my
association with the members and feel that they are making a positive
contribution to the community.
Thank you for granting me the opportunity to serve the citizens in
this capacity, and best wishes for the future of the City of Wylie and
the Rita & Truett Smith Public Library.
Sincerely,
Stephen Fortenberry
//
REQUEST TO BE PLACE ON AGENDA
Date of next Council Agenda _A2 ,/O/fa22
' .t :?Li4 , wish to speak to
the City Council for the reason listed below:
�-
Thank you,
6.411-24 j/LititA
Signature
79
Stree t
a2, 42":
ci , 4 -
Stat1/ Zi
p Code
5/14 - ja;1.(2
Phone Number
///42-1
Staff Report to Mayor and City Council
DATE: SUBJECT: NO: at,
Nov. 5, 1987 75% Masonry Requirements
As reflected by the minutes , the Planning and Zoning
Commission considered a possible revision of Ordinance No .
84-10A as requested by the Council .
After discussion the motion was made to recommend thaT the
ordinance remain as is without any change.
Staff surveyed other cities in the area and found the
following:
75% OF ALL 75% OF 1ST 75% OF 1ST NO
FLOORS FLOOR - 50% FLOOR -2ND MASONRY
CITY EXCLUSIVE OF ANY FLOOR REQUIRE-
OF OPENING ELEVATION EXCLUDED MENTS
Wylie XX
Dallas XX
Richardson XX
Plano XX
Garland XX
Allen XX
McKinney XX
Rowlett XX
Rockwall XX
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
Roy Faires, Code Enforcement Officer
FOR ADD.INFO. CONTACT: OTHER:
Roy Faires, Code Enforcement Officer
'-3
PLANNING AND ZONING COMMISSION
MEETING - MINUTES
NOVEMBER 2, 1987
The City of Wylie Planning and Zoning Commission met in
regular session on Monday, November 2 , 1987 , in the Community
Room. A quorum was present and notice of the meeting had been
posted in the time and manner required by law. Those present
were Chairman Brian Chaney, Cecilia Wood, R. P. Miller , Bob
Skipwith, Marty Stovall , Code Enforcement Officer Roy Faires,
Secretary Karen Blythe. Vice-Chairman Ben Scholz and Bart
Peddicord were absent .
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the October 26, 1987 , meeting . Chairman
Brian Chaney asked if there were any corrections to be made.
There were none. A motion was made by Cecilia Wood to approve
the minutes as they were. This motion was seconded by R.P.
Miller . This motion passed with all in favor .
CONSIDER RECOMMENDATION TO CITY COUNCIL FOR POSSIBLE AMENDMENT
TO ORDINANCE 84-10A BUILDING CODE: Brian Chaney asked Roy
Faires to comment on this item. Mr . Faires stated that he had
reported to the Council the discussion of this item from their
last meeting. The Council told Mr . Faires they thought he had
not provided the Planning & Zoning Commission with adequate
information and they felt he should inquire of other cities of
their brick requirement . Mr . Faires said as a result he
called five other cities. Three of the cities he called
required 75% brick for the first floor level with an
additional regulation of 501 for each and every elevation.
Mr . Faires noted he had spoke with McKinney and they said they
had repealed their ordinance in 1981 , and left the brick
requirement up to the developer to put in his deed
restrictions thereby relieving the code department of their
obligation to enforce this regulation. Mr . Faires went on to
say that brick does last longer and does reduce fire hazards
but there is a pressurized wood that will not burn but it is
expensive. Mr . Faires added that the argument which was
brought up about this ordinance had nothing to do with the
price of material but with what other cites were doing. Mr .
Faires stated he had found that each city establishes what
they consider the proper amount of protection for their
citizens. Bob Skipwith asked if this 75% was excluding
windows and doors. Mr . Faires said it was . Brian Chaney
stated he felt very strong about this ordinance and that he
was opposed to any changes that would limit it or weaken it .
R.P. Miller made the comment that he would like to see the
ordinance strengthened . He said he felt there should be brick
at the ground level with the exception of wood porches to
prevent possible fire hazards such as grass fires . Mr . Chaney
noted since the city has an ordinance for yard maintenance
that he saw no real problem with grass fires . Marty Stovall
stated that he felt that the 75% brick requirement was fair
but could understand why some builders did not see eye to eye
on this especially on two story homes where sometimes they
like to do special design features . Mr . Faires added that
other major builders of this city seem to have had no problems
complying with this ordinance. Marty Stovall noted that he
felt this ordinance was best for the general protection of the
community. Cecilia Wood added that she was afraid if the the
brick requirement was reduced that we would be adding a real
fire hazard to the homes with zero lot line. Brian Chaney
noted that the ordinance was strict but fair. R. P. Miller
moved that the recommendation to the City Council read that
the present ordinance be maintained as presently written with
no alterations . Bob Skipwith seconded this motion . This
motion passed with all in favor.
Staff Report to Mayor and City Council
DATE: SUBJECT: NO3
11-05-87 BIDS FOR JANITORIAL SERVICES
TO: John Pitstick, City Manager
FROM: James Johnson, Finance Director
RE: Request to Seek Bids for Janitorial Services for
Municipal Complex
This authorization will allow staff to develop a bid proposal and advertise
for a janitorial services contract for the new municipal complex. Even
though we have reduced our space utilization, the Council approved
contracting out these services for 1987-88 in the budget process. For
a short period of time, we will utilize our present janitorial person until
the contract is advertised, bid and awarded.
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
JAMES JOHNSON
FOR ADD.INFO. CONT OTHER:
/5
TO: JAMES JOHNSON/FINANCE DIRECTOR
FROM: ROY FAIRES/BUILDING OFFICIAL /' .
SUBJECT: FINAL DRAW - SPEED FAB-CRETE .
DATE: NOVEMBER 2, 1987
Speed Fab-Crete has presented a bill for the final draw in the
amount of $181, 799. 40.
In reviewing the spread sheet, there is some work that I know
remains to be done and some additional that I suspect will
have to be done. I am recommending that we pay only $150, 000
of this request.
I have advised representatives of Speed Fab-Crete of this
decision by telephone.
Should all of the required work be completed in thirty days it
will be my recommendation at that time to pay the balance.
/6
APPLICATION AND CERTIFICATE FOR PAYMENT a1A DOCUM G7 2
TO (OWNER): CITY OF WY LIE PROJECT: CITY OF WYLIE MUNICIPAL COMPLEX fit'3
APPLICATION NO: Distribution to:
114 c,A_L hU
+i7LIE, csa:� 7`.U9'3 0 OWNER
PERIOD TO: 0'7,`ri01 0 ARCHITECT
5F'EEG F:S C4iE CORP T 0 CONTRACTOR
FROM (CONTRACTOR): VIA (ARCHITECT): LEE 5TL' ,RT ASSOCIATES 0
1151„ t, t:;-ik5 iEL'u iii,.Y, i ,U. 80X 1552: ARCHITECT'S
«6U9i_
PROJECT NO:
0F�F 43Fi! TEXAS 6115 CITY MiAIIPAL COMF'LD
CONTRACT FOR: CONTRACT DATE: 'i Jra6
•
Application is made for Payment, as shown below, in connection with the Contract.
CONTRACTOR'S APPLICATION FOR PAYMENT
CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,734,@H.u0
Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ 1'6,b/8,00
previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 1,l 3,716.uu
TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ `,153,716.00
—
Approved this Month
t+lumber„ Dated proved 5. RETAINAGE:
'" 00
a. " % of Completed Work $ r•L'''`
s -i U1c' 14,R43,0(
#.. 9; /87 1`'")54'' b. % of Stored Material $
d7 j,pij Total Retainage(Line 5a + 5b or
TOTALS j ,
Total in Column 1 $ 0.00 N.
Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 1,753,716.00
The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total)
information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR
completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 1,571,916,6u
paid by the Contractor for Work for which previous Certificates for Payment were g. CURRENT PAYMENT DUE $ 181,799.40
issued and payments received from the Owner, and that current payment shown
herein is now due. 9. BALANCE TO FINISH, PLUS RETAINAGE $ • 0,00
(Line 3 less Line 6)
•
S;:'EEi; 7 h:; ,9EIE C(;RPOr,4T;uf . 1NT'L i.
CONTRACTOR: State of: TF r.a County of: "' �`"`
Subscribed and sworn to before me this day of ) 19��
•
- /� `�a � Notary Public: 9' 1� ad,
By: Date: ! My Commission expires: /0 _ /Q_9/ 'j
AMOUNT CERTIFIED $ / Pi !"
ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation amount ce title. differs from the amount applied or.)
/ARCHITECT: /
In accordance with the Contract Documents, based on on site observations and the AO ', /
data comprising the above application, the Architect certifies to the Owner that to the
g4) C44g 9:2
best of the Architect's knowledge, information and belief the Work has progressed as �: �L. �� — �� Date:
indicated, the quality of the Work is in accordance with the Contract Documents, and This C-rtificate is not negotiable. T AMOUNT CERTIFIED is payable only to the
the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, •ayment and acceptance of payment are without
prejudice to any rights of the Owner or Contractor under this Contract.
..�.... ..... ...... .....w.......a..ri..Lr....+.r...+r....-.�........... ..y.r....4nM«w.�M..wYw.�w...•t...v.•ww— —_ -.+.�.�..r...r.-..�..�....rw ... _._..—�.�...—._._. _.
t.
CONTINUATION SHEET AIA DOCUMENT G7v'i; Ji
�.'Y Cr : •� PAGE , OF 1 PAGES
APPLICATION AND CERTIFICATE FOR PAYMENT, containing
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER:
ti3
In tabulations below, amounts are stated to the nearest dollar.
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: ila903
WORK COMPLETED
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE
No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH
A B C Applications Application F C(D+E+F) % H(C-G) I
SITE WORK 58,564.00 58,564.00 U..7 59,564.00 100'1 0.00
TEMP SERVICES 4,500.00 4 3i;i;,(;i .
0.00 4,500.00 100% 0.00
ARCHITECT DRAWINGS 6,05i.000 6,050.00 0.00 !
6,050.00 100,. 0.00
SHOP DRAWINGS 15,500.00 15,500.00 0.00 15,500.00 100% 0.00
ENG. STA,",F 1,000.00 I,00.00 0.00 1,000.0C; 100% 0.00
FOUNDATION WORV, 107,545.00 107,545.00 0.00 107,545.00 1001 0.0
PIERS 25,245.00 25,245.0: 0..0 25,245,00 100% 0.00
?
.�U
EONCEIE WORT. 317,429,70 _II ,49.00 0.00 353,429.00 100% 0.00
SIRE IN 1,200... 1,200.00 100% 0.00
FetCr;ul i4L4 210, l6_.�0 cii,,163.0i: 0.00 210,163.00 100%100% li.00
RYLIE SIGN 14.000.00 14,0O0.0 o.00 14,000.00 100%. 0.00
JOIf'1T/WALL TREATMENT 8,575.00 8,575.00 0.00 8,575.00 100% 0.00
JOIST/GIRDER/DECK 82,198.O0 82,08.00 0.00 82,198.00 100% 0.00
BUILT UP ROOF 85,498.0C, 85,482,00 0.00 85,488.00 100% O.c0
SPRINKLER ER 39
.160.C. _ti,u6,,r
.0. 0.00 34 060.00 iC'G/ i .00
^E O � f
:ilA:, DGO�S-k1liDu .3,612.00 33,612.00 .Oii 33,512.00 lu?i'L 0.00
DRIVE TH UUGH WINDOW 4,913..0 4,918.00 0.00 4,918.00 100% 0.00
INTERIOR/WOOD DOORS 36,804.00 .6,3'A4,p(: 0.010 36,304.00 100% 0.00
DRYWALL 5, CEiL:NL 143,244.k ,2.44.00 14' 0.00 ;43,244.00 100; 0.00
FLOORING 35, b0.00 35,660.00 0.00 35 660.00 100% 0.00
TAINTING 11,998.OQ 1:,Y32,0 i 11f 998.00 1007 0.00
�1
CARFENIP 4,:t..11l. 4,«li.0'. 0.0. 4,220.00 10% 0.00
LUMBIUO 78,792.00 ;1,792.00 o,i. 78,792.00 1 %
,��u,. 0..!i
0
ELEC:RICAL 93,334.00 59,114.00 .,00 99,334.0C. 100% 0.00
A- !HEi;TINI 90,70,0.0,; 90,000.00ii.0 90,01�:o
.0(: 100'r. i-.siii
FLAG POLE 7,751.ft 7,751.00 0.00 7,751.30 ;00% 0.00.
JAIL S7LIiFM.EU, 63,5_0.00 63,5-A.7') .00 63,530,00 1007. 0.30
TG..ET AC:ESSOFHS it -9;, .G 11,591.0'' .0 11,591.00 100'% 0.00
0LEAr; .iF 5, 00.00 5,100, 0.00 100.00; 100% - .90
S�Ji-ERINIENLE : .0li8.40 3v,0li!0.0 0.00 30,000.00100% 0.00
SUB TOTAL OR TOTAL
I
CONTINUATION SHEET PAGE OF PAGES
APPLICATION AND CERTIFICATE FOR PAYMENT, containing
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER:
In tabulations below, amounts are stated to the nearest dollar.
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO:
WORK COMPLETED
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE
No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH
A B C Applications Application F G(D+E+F) % H(C—G) I
D FE . .MANGE 53NE.' i9,.:27.00 1? 27.00 u.00
19,327. 0 IQQi. 0.00
lli:.UR{illi:t 66,440.00 66,440.'J-; 0.00 66,440.00 IOUX 0.00
..;J 01 6,842.00 6,E42.00 0.00 6,842.00 1MZ 0.00
:.10 14,';48.00 14,948.00 0.00 14,948.0) 100. 0.00
#J 5 0 54
� i - '�.:,Jq.l)�.i -iti.:�J'�.i�: U.it;) 'I0,0J4 r0 i1 100Z 0.00
: 0 #4 7,142.00 .._,. 7,142.00 7,142.00 100%. 0.00
SUB TOTAL OR TOTAL 1,753,718.00 1,746,574.00 7,14:.00 1,75;.71b.00 0.00
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
Nov. 5, 1987 Public Hearing 9-1-1 Service
The City Council set Nov . 10th as the date for the
public hearing on the 9-1-1 service. Attached is
a copy of the resolution passed on October 13 ,
1987 setting this date.
The purpose of this public hearing is to seek
input from the citizens and to establish a
collection fee per access line of approximately
$ . 93 per month that will be added to each
telephone bill and will authorize the Company to
act as a collection agency for the City.
All attached is the public hearing notice that was
published in the Wylie News on October 21st and
October 28th .
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
Carolyn Jones, City Secretary
FOR ADD.INFO. CONTACT: OTHER:
Carolyn Jones, City Secretary
JD
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
RESOLUTION NO. 17- IO/3' '7/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
CALLING A PUBLIC HEARING WITHIN THE CORPORATE LIMITS OF THE CITY OF
WYLIE ON THE QUESTION OF ESTABLISHING 911 EMERGENCY SERVICE AND ON THE
QUESTION OF IMPOSING EMERGENCY SERVICE FEES FOR IMPLEMENTATION
THEREOF.
WHEREAS, the General Telephone Company has proposed that 911 emergency
telephone service be furnished within the boundaries of the City of Wylie; and
WHEREAS, the City Council of the City of Wylie has determined that it is in
the best interest of the public health, safety, and general welfare to consider a 911
emergency service system for implementation within the City; and
WHEREAS, the City Council desires input from the public as to the implementation
of such system and the imposition of fees necessary for the purchase, installation,
operating and maintenance expenses of such service; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
That a public hearing shall be held on the /QM day of 924 iv ,
1987, for the purpose of obtaining input from the public with regard to the implementation
of 911 emergency telephone service within the corporate limits of the City and with
regard to the imposition of 911 emergency service fees to provide for the purchase,
installation, operating and maintenance expenses of 911 emergency service to be furnished
pursuant to a written contract between the City of Wylie and the General Telephone
Company.
SECTION 2.
Notice is hereby given that it is anticipated that the implementation of such
service will establish a collection fee per access line of approximately Ninety-three
Cents (930 per month that will added to each telephone bill and will authorize the
Company to act as a collection agency for the City.
SECTION 3.
Citizens are requested to respond in person at the public hearing or by letter
addressed to the City of Wylie, P. O. Box 428, Wylie, Texas 75098.
SECTION 4.
The City Secretary is directed to publish this resolution in the official newspaper
of the City at least ten (10) days prior to the date set for the public hearing, to
distribute copies of this resolution to all persons requesting the same, and to post a
copy hereof on the official bulletin board of the City at least ten (10) days prior to
said public hearing.
DULY PASSED by the City Council of the City of Wylie, Texas, on the ,3//v
day of XeVil„) , 1987.
APPR • ��
MAY
Olitimminsitroi
ATTEST:
SEALS
‘‘,s
!? ,E'C • IT �R Y Y
, T0- ;
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02 4•%o -
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PUBLIC HEARING NOTICE
The City of Wylie will conduct a public hearing on Tuesday,
November 10, 1987 at 7:00 P.M. in the Community Room at
108 Thomas Street. The purpose of this public hearing
is to obtain input from the public with regard to the
implementation of 911 emmergency telephone service within
the corporate limits of the city and with regard to the
imposition of 911 emergency service fees to provide for
the purchase, installation, operating and maintenance
expenses of 911 emergency service to be furnished
pursuant to a written contract between the City of Wylie and the
General Telephone Company.
Notice is hereby given that it is anticipated that the implementation
of such service will establish a collection fee per access line
of approximately Ninety-three Cents (930 per month that will
be added to each telephone bill and will authorize the Company
to act as a collection agency for the City of Wylie.
Citizens are requested to respond in person at the public hearing
or by letter addressed to the City of Wylie, City Secretary,
P 0 Box 428, Wylie, Texas 75098.
Carolyn Jones,
City Secretary
a?._3
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
Nov. 5, 1987 ZONING FOR 158± Acres - THRISK PROPERTY
The Planning and Zoning Commission held a public hearing on
the request for re-zoning on the Thrisk Property on October
26 , 1987 . Planning and Zoning Commission recommends the
zoning as follows:
SF-1 57 Acres
SF-2 22 Acres
SF-3 67 Acres
Retail 5 .7 Acres
Business 1 6.5 Acres
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
Roy Faires, Code Enforcement Officer
FOR ADD.INFO. CONTACT: OTHER:
PLANNING AND ZONING COMMISSION
MEETING - MINUTES __
OCTOBER 26, 1987
The City of Wylie Planning and Zoning Commission met for a
called meeting on Monday, October 26, 1987, in the Community
Room. A quorum was present and notice of the meeting had been
pasted in the time and manner required by law. Those present
were: Chairman Brian Chaney, Marty Stovall, Bart Peddicord,
Cecilia Wood, Code Enforcement Officer Roy Faires, Secretary
Karen Blythe. Vice-Chairman Ben Scholz, Bob Skipwith and R. P.
Miller were absent.
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the October 15, 1987, meeting. Chairman
Brian Chaney noted that in Item #2 third to the last sentence
and under ADJOURN second to the last sentence Bob Skipworth
should have read Skipwith. Also, in the first paragraph of
page one Vice-President Ben Scholz should have read Vice-
Chairman. Mr. Chaney asked if there were any other any
corrections. A motion was made by Bart Peddicord to approve
the minutes with the noted corrections. Marty Stovall seconded
the motion. This motion carried with all in favor.
CONDUCT PUBLIC HEARING ON THE REQUEST FOR RE-ZONING FOR MULTI-
ZONING ON 158 ACRES OUT OF THE ALLEN ATTERBURY SURVEY ABSTRACT
23 (COMMONLY KNOWN AS THE THIRSK PROPERTY) : Chairman Brian
Chaney asked Roy Faires to give some information on this item
before opening the public hearing. Mr. Faires located the
Thirsk property on the map. He stated that this property is
zoned under the old SF1 and SF2 which corresponds with our
present SF2 and SF3. What the developers are propsing is to
rezone 57 acres to SF1, 22 acres to SF2, 67 acres to SF3, 5. 7
acres to Retail and 6. 5 acres to Business. Mr. Faires stated
as a member of the staff he would recommend approval of this
zoning as requested. The Public Hearing was opened at this
time by Chairman Brian Chaney for anyone who wished to speak
in favor of this item. Mr. William Kaufram of Master Plan
addressed the commission. Mr. Kaufram noted their company had
been working with Thirsk on the planning of this property.
Mr. Kaufram stated that after meeting with Mr. Faires, the
previous City Manager and the current City Manager and
obtaining information about the city' s master plan, current
zoning and other information they have tried to take the key
points in the city' s comprehensive plans and work them in
while matching the surrounding zoning so the zoning they touch
the neighbors with will be equal to or of higher zoning. Mr.
Kaufram pointed out on the map where they were planning the
zoning of retail and business. He stated they were trying to
buffer their business from the existing residential with their
own residential and what they are proposing is a plan that
meets the criteria of providing a variety of housing types,
meets the zoning of the surrounding properties and would
provide a development that would be a credit to the city.
Chairman Brian Chaney asked if anyone else would like to speak
for this item. James Griffin asked if there were any
provisions for parks. Mr. Chaney informed Mr. Griffin that
this would be taken up during the platting of this property
and not during the zoning. Marty Stovall asked what the ratio
of people per house was. Mr. Faires stated according to Cog
it was 2. 75. Marty Stovall asked if layout of the lot' s
property lines of the SF1 would go to the center of the creek.
Mr. Faires informed him that would be a platting matter and we
were only considering zoning tonight. Chairman Brian Chaney
asked if anyone would like to speak against this item. No one
addressed the commission. Mr. Chaney closed the public
hearing.
CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR THE
REZONING OF THE 158 ACRES OUR TO THE ALLEN ATTERBURY SURVEY
ABSTRACT 23 (COMMONLY KNOWN AS THE THIRSK PROPERTY: Chairman
Brian Chaney said that personally he felt this was a very
organized and well planned venture. He asked for questions or
recommendations. Marty Stovall recommended to the City
Council to approve the zoning as presented. Cecilia Wood
seconded this motion. This motion passed with all in favor.
ADJOURN: There being no other business, a motion was made by
Cecilia Wood to adjourn. The motion was seconded by Bart
Peddicord. This motion passed with all in favor.
IY/
rian Chaney - Chair n
Respectfully submitted
Karen Blythe Secretary
a 6
A P P L :c.AT I ON
TO
Boar.] of Adjustment and Npoeals ( Building ) ORDINANCE 83-15
Board of Adjustment and Appeals ( Zoning) ORDINANCE 81-5
5-1 Planning and Zoning Commission ORDINANCE 81-5 '
NA1!E Thirsk Corporation N.V. , represented bv- `1ASTFRPLAN
A DRESS 500 So. Frvav, Suite 1"_A, Dallas, Texas 75201
•
LOT BLOCK
S1BDIVISION Twin Lakes
-S .S OF ,=,P?L .CATICN.
interpretation
f1 Special exception for use or development
F 1 Variance
x Rezoning
exception to Building Code
EXPLANATION:
Request rezoning on 1S8tacres *-om old S_1 category to new ratPgr'Ps
of SF-1 (57± acres) , SF-2 (22± acres) ,
SF-3 (67± acres) , Retail
(5. 7± acres) , and Business-1 (6. 5± acres) .) . Proposed zoning districts
_are as shown on the attached -rap (8 copies attached) . Location of
tract is along east side of Ballard Drive south of Wylie High School.
SIGNITURE of APPLI CAN
DATE September 30, 1987
Must be accompanied by filing fee of $ 3 ,2 5
Received: 9- 3 . - 2r7
Date :
:ODE EN, CEMENT OFFICER02 7
POWER OF ATTORNEY ; __,
F500 0 .
=w _ ^ec.a present .
^C%":Orate': Jncer toe ' aws of the Nether ands Ant; . 'es, ras made,
constituted arc appointed
-' ---e- arc ' awful - attorney, ' t
-� use =� ba^e` � �aTe, p .=a and _tea-�,
_benefit, �. act - _ ra ' or Dena i the -.."part'
arm tp repr :ert _re _:Tpany in a -ratters -
- concerning � �- -pera t7ns .
]i v „ and :rant- to said attorney
cower of attorney to do a - .
arc every ..t arc n. whatsoever -�eq ;' ;,e and ece -- tore
re• ative a y oevOregoing aS 'ul y to all intents arc purpoCes as
pr' n-`ipa , T'. ;;nt or could do it persona r
y present.
Al : that said attorney shall lawfully 'c orl
� � cause to be mere under "^e
authority of this power is expressly approved.
`^ ` :owe- attorney �
execution i shall,, l re7a �n rorce om the :ate pr its�Ligust :8, 1988.
er7'nation take place automatica'7 'y and no written notice of sucn
re, o:a-lion s-a77 be :oglished of record.
Sicred in _rao, Netnerlands tint= "es Cr August :9 1987.
TH'RSK: :cRPORA':ON N. V.
by is `"a^.aging �i rectcr
BEAN MANAGEMENT SOMPA'4 N. V.
SG/ 315
o2 v
E. r:othr=
_ resiien,.
e: If8z acres locate'..
-'as: Jf 3a__ar.. D. _ 'e
ac 'acent to the __re Station
ei:
authorize,-; ' STE
Rp-yN to represent the .:'iRSK
_n all masters rewarding the rezoning of the
Oert. • ttached to this et
a sower .,f _:: roe.: authorizing me to act ` s a copyepn Je:'Idi_ of
._RSK RAT__-' , ..,:e 'Wner of the abo e referenced
crczer:y. I
H'RSK C PO ?ON `. . .
7V
jozef :'a '_ en
•
a9
u' fans located in Collin County, Texas, on Old
Highway No. 78 South of Wylie, Texas, and being out of three
tracts of land as conveyed to Marvin K. Collie by Nancy Morris
Collie by deed as filed in Volume 534 at page 223 of the Deed Records of Collin County, Texas, and being also described In
conveying 252 undivided interest to C. Truett Smith, as record-
ed in Volume 489 at page 297 of Deed Records of Collin County,
Texas, and being more particularly described as follows:
COMMENCING at the Southwest corner of said Allen Atterbury Sur-
vey, Abstract No. 23, said commencing point being located in
center line of Old Highway No. 78; thence North 89 deg. 55 min.
East 30.00 feet to a point , said point being located in the
East R.O.W. of said Old Highway No. 78 and being the Southwest
corner of 3rd tract, a 39.013 acre tract as described in said
deed to Marvin K. Collin ; thence North 277.00 feet to the Place
of Beginning;
THENCE Easterly with the North line of a 25. 19 acre tract
of land conveyed to J.J.R.&B. Co. by deed recorded in Vol .
1117 at page 352 of the Deed Records of Collin County, Texas ;
1 . North 89 deg. S5 min. East , 427.00 feet;
2. North 89 deg. 56 min. East, 1101 .50 feet ;
3. South 89 deg. 55 min. East, 1187.02 feet;
4. North 89 deg. 51 min. East, 1246.84 feet to iron
stake set in old fence line for corner;
THENCE North 0 deg. 21 min. East with fence and with an
East line of a 10 acre tract described as second tract in
said deed to Marvin K. Collie, 1125.83 feet to a stake
set for corner at the Northeast corner of said 10 acre tract;
THENCE North 89 deg. 48 min. West with fence and North line
of 10 acre tract , 308.20 feet to stake set for corner at base
of corner post and being located on the East line of said
130 acre tract and being the Northwest corner of said 10 acre
tract;
THENCE North 0 deg. 24 min. East with old fence line and on the
East line of Old Wagon Road and on East line of said 130 acre
tract , 794.02 feet to stake for corner set at base of corner
post ;
THENCE North 89 deg. 44 min. West with old fence line and North
line of Old Road, 1313 feet and continuing with the North line
of Old Road for a total distance of 2673.46 feet to stake set
for corner;
THENCE South 0 deg. 52 min. West with fence line and West line
of said 130 acre tract , 468.45 feet to stake set at base of
corner post for corner;
THENCE South 89 deg. 50 min. West with fence and North line of
39.013 acre tract called Third Tract in said deed to Marvin K.
Collie, 689.08 feet to point for corner on the Northeast corner
of a 1.50 acre tract;
THENCE South 220.00 feet to a point for corner being the South-
east corner of a 1 .50 acre tract ;
THENCE South 89 deg. 50 min. West 297.00 feet to a point in the
East R.O.W. of Old Highway 78 and the Southeast corner of a
1 . 50 acre tract;
THENCE South with East R.O.W. of said Old Highway No. 78, 1245.147
feet to Place of Beginning and containing 158.06 acres of land
with 1 .45 acres required to release Blanket Lone Star Gas Ease-
ment for high pressure gas line and 0.88 acre contained in North
Texas Municipal Water District Easement and T.P.E L. Easement
which gives a total of 2.33 acres out of 158.06 acres contained
in Easement Areas and;
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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
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 Thirsk Corporation N.V. 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 :
SF-1 57± Acres; SF-2 22± Acres; SF-3 67± Acres
Retail 5.7± Acres: and Business 1 6.5± Acres
Said property being described as follows:
158± Acres out of the Allen Atterbury Survey Abstract 23
See attached
"""" o► wyr ,e, texas, and being out of three
tracts of land as conveyed to Marvin K. Collie by Nancy Morris
Collie by deed as filed in Volume 534 at
Pae
Records of Collin County, Texas, and being also2describedDind
conveying 252 undivided interest to C. Truett Smith, as record-
ed in Volume 489 at page 297 of Deed Records of Collin County,
Texas, and being more particularly described as follows:
COMMENCING at the Southwest corner of said Allen Atterbury Sur-
vey, Abstract No. 23, said commencing point being located in
center line of Old Highway No. 78; thence North 89 deg. S5 min.
East 30.00 feet to a point , said point being located in the
East R.O.W. of said Old Highway No. 78 and being the Southwest
corner of 3rd tract , a 39.013 acre tract as described in said
deed to Marvin K. Collin; thence North 277.00 feet to the Place
of Beginning;
THENCE Easterly with the North line of a 25. 19 acre tract
of land conveyed to J.J.R.SB. Co. by deed recorded in Vol .
1117 at page 352 of the Deed Records of Collin County , Texas ;
1 . North 89 deg. 55 min. East , 427.00 feet ;
2. North 89 deg. 56 min. East, 1101 .50 feet;
3. South 89 deg. 55 min. East, 1187.02 feet ;
4. North 89 deg. 51 min. East , 1246.84 feet to iron
stake set in old fence line for corner;
THENCE North 0 deg. 21 min. East with fence and with an
East line of a 10 acre tract described as second tract in
said deed to Marvin K. Collie, 1125.83 feet to a stake
set for corner at the Northeast corner of said 10 acre tract;
THENCE North 89 deg. 48 min. West with fence and North line
of 10 acre tract , 308.20 feet to stake set for corner at base
of corner post and being located on the East line of said
130 acre tract and being the Northwest corner of said 10 acre
tract;
THENCE North 0 deg. 24 min. East with old fence line and on the
East line of Old Wagon Road and on East line of said 130 acre
tract , 794.02 feet to stake for corner set at base of corner
post ;
THENCE North 89 deg. 44 min. West with old fence line and North
line of Old Road, 1313 feet and continuing with the North line
of Old Road for a total distance of 2673. 46 feet to stake set
for corner;
THENCE South 0 deg. 52 min. West with fence line and West line
of said 130 acre tract , 468.45 feet to stake set at base of
corner post for corner;
THENCE South 89 deg. 50 min. West with fence and North line of
39.013 acre tract called Third Tract in said deed to Marvin K.
Collie, 689.08 feet to point for corner on the Northeast corner
of a 1 .50 acre tract;
THENCE South 220.00 feet to a point for corner being the South-
east corner of a 1 .50 acre tract ;
THENCE South 89 deg. 50 min. West 297.00 feet to a point in the
East R.O.W. of Old Highway 78 and the Southeast corner of a
1 . 50 acre tract;
THENCE South with East R.O.W. of said Old Highway No. 78, 1245.1,7
feet to Place of Beginning and containing 158.06 acres of land
with 1 . 45 acres required to release Blanket Lone Star Gas Ease-
ment for high pressure gas line and 0.88 acre contained in North
Texas Municipal Water District Easement and T.P.b L. Easement
which gives a total of 2.33 acres out of 158.06 acres contained
in Easement Areas and;
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► imp(cEL ZONING MAP
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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 invlaid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 5 . That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200 .00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION 6 . It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides .
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the llth day of November
1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
Nov. 5, 1987 KEEP TEXAS BEAUTIFUL PROGRAM (�
City Council has been interested in pursing an
active anti-litter or clean-up program. We would
like to propose an ongoing program through the
KEEP TEXAS BEAUTIFUL Program to apply for the
Governor ' s Community Achievement Awards.
Seven Hundred Thousand Dollars ($700 ,000 . ) is
available for highway landscape projects
throughout Texas. Many communities are well ahead
of Wylie in this process and we may not receive
funds in the first year . However , by entering the
KEEP TEXAS BEAUTIFUL Program we can involve the
entire community in a cooperative effort and get
assistance from the State and other communities .
A resolution is enclosed that designates the City
Manager to apply for the Governor ' s Community
Achievement Awards and seek community wide
assistance for improving quality of life through
anti-litter campaigns .
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
John Pitstick, City Manager
FOR ADD.INFO. CONTACT: OTHER:
John Pitstick City Manager
36
RESOLUTION NO. 87-11-10-87
A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING
THE CITY MANAGER TO APPLY AND PARTICIPATE AS THE
CITY' S DESIGNATED REPRESENTATIVE IN THE GOVERNOR 'S
COMMUNITY ACHIEVEMENT AWARDS PROGRAM SPONSORED BY
KEEP TEXAS BEAUTIFUL, INC.
WHEREAS, The City of Wylie has undertaken in the past and
will further initiate an anti-littering and clean-
up program for its citizens ;
WHEREAS, The City of Wylie wishes to involve other groups
in this clean-up, anti-litter and beautification
program thru public awareness and public
involvement;
WHEREAS, The City of Wylie is interested in promoting
recycling and insuring a better quality of life
for all its citizens , as well as utilizing these
efforts as an economic development tool;
WHEREAS, The City of Wylie will seek support and
participation in this effort from the schools,
civic groups, Chamber of Commerce, businesses ,
Churches, merchants and other interested parties
in promoting this effort along with achieving
goals established;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF WYLIE,
TEXAS:
SECTION 1 That the City Manager is authorized as the
designated city representative to enter/apply to
Keep Texas Beautiful , Inc . as a participant in the
Governor ' s Community Achievement Awards Program.
SECTION 2 That the City Manager/Staff will seek the
assistance of citizens, civic groups , merchants ,
businesses , the Chamber of Commerce, schools, and
other interested persons/ parties in promoting
Wylie' s compliance with program guidelines and
procedures .
7
SECTION 3 That the City with assistance from other groups
and parties will promote recycling; community
awareness , an improved quality of life through an
anti-litter , landscaping and clean-up program for
the City. And that these groups will seek a
common set of objectives and goals for the City in
achieving compliance with the program' s
activities .
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
ON THE 10TH DAY OF NOVEMBER, 1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
TE�
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U T , I, V0V 3 1987
Keep Texas Beautiful, Inc.
PC.BOX 225' • AuS'.N "EXA.S 78758• 5'2 478-88'3 '--✓� 1
October 16, 1987
MEMO TO MAYORS, CITY MANAGERS, CHAMBERS OF COMMERCE,
BUSINESS AND CIVIC LEADERS
SUBJECT: $700,000 GOVERNOR'S COMMUNITY ACHIEVEMENT AWARDS
SPONSORED ANNUALLY BY KEEP TEXAS BEAUTIFUL, INC.
Is your city going to receive its share of the $700,000 in in-
kind landscaping prizes from Keep Texas Beautiful's Governor's
Community Achievement Awards?
Litter Decreasing, Quality of Life Increasing
Last year, through the Governor's Awards, Keep Texas
Beautiful reached and involved roughly one-third of the State's
total population and became the largest volunteer community
litter prevention program of its kind in the nation. Through
participation in the Governor's Awards, Texans joined together at
the grassroots to achieve the biggest assault on litter in Texas
history. As a result, the rate of State spending for cleanup of
State roads was dramatically reduced (from an average growth of
17% per year down to 1%) and the amount of trash and litter on
our highways was reduced by 54% over a two-year period.
Economic Benefits
These impressive gains for Texas are the result of dedicated
community involvement by concerned citizens recognizing that a
clean, attractive city is not only a more favorable place to
live, work and play, but it also gives a community an edge to
attract new business and industry to enrich the local economy.
In short participating in the Governor's Awards program is an
economic development tool which can be used by the whole
community to expand industry and jobs, and increase local
tourism.
Total Community Effort
It takes the cooperation of the entire citizenry to beat the
littering problem -- municipal government, schools, businesses,
the chamber, industry, churches, and civic groups. Keep Texas
Beautiful invites your community to join in this partnership by
entering your city in the 1987-88 Governor's Community
Achievement Awards. This is a positive program that will pay
your community dividends for years to come. The enclosed entry
PRESIDENT BOARD OF DIRECTORS: Larry En.ard,'+cus:oe R.B."Smiley"Jones,:erscana Gary Phillips,a.oustor.
William Snyder,Corpus Crust Ebby Halliday Acers.Dallas O.cna Rec✓cmg Company n., Na,a••,"-only CAB::,s;em pas:e Management Inc
'ne Snyder Company Ebro,-ramday REALTORS !^ Dennis Engelke,Austin Ron Kercheville,a_s r. S.Legrand Sims.Dallas
FIRST VICE PRESIDENT Maurice Aesrs,Dallas and Austn soarCoecerarves .er Keec A,' 3eau:'_ erns Con,nenta,Can Comsanv :IS A
Acers,n,esment Ccmcacr Betty English, eer.v:l!e Sharon Leonard, e^v-'e Juliet Staudt,Galves:or
Ed Davis,San Anton,o Grace Cartwright Wear^e^orc ,,;,m. '.',u,.,.eer ;ea-;,.,e^v:e •c C.ean Gatres!ce me
Sea a h San Aruonro Assx:a:,cn .,,c wader Ra,c,er William R.Falco,'Aaco Nelda Lewis,K. William P.Verne,_ace_acKson
TREASURER Nancy Chancellor._Jtk:r anrnng C.tv cf Aacc K pu•c - <Sea,,,;eaten Assr Ass:C,;v Massager CA of:ape✓ac,rr.
Ruche Jackson,Grand',are Anger:Ca 9eauurur Creae Sadie Ray Graff.San.Anton, Robert Lelbrock M p a^-
Va.)/Or see' Car cf Grace°•anre Benny Childs,Peeper: 3ea..7h San Arnun,o Assn ea^'1_3,1 ,nc F-X-0FFlC10.
Cow Cnemrcal.U S A Jack E.Hillman.-rouston Bob McElearney,Dd.'as Craig A.Steffens,Acst5n
EXECUTIVE DIRECTOR _ _ Deparment ano PUC,C
Martha Dollarhide.WC: w -- ma C ,; -•rng„o a
p.Mary Ellen Alexander Shoo Austn a• Don Clark Ausr•n
Keep All,'_N,'ont Mary Marshall Holley nwa;- George McKinney
Keep sexes Beautrfut nc S_wnw oc seaun cap o C,.. __c r_ aF arc_o .,.. Department of ei,gnwa✓s ano P o.c a^secs-c^
GCAA MEMO
Page Two
form provides excellent guidelines for getting organized. We
hope to hear from you right away, and to be of help to your
community over the coming months. The deadline for completed
entries is April 30, 1988. Please send back the enclosed Intent
Card so we can add your city to our growing list of enthusiastic
communities which are putting action behind the words, "Don't
Mess With Texas!"
Act now!
Sincerely,
dt,
William K. Snyder, President
Keep Texas Beautiful, Inc.
ary Elleai Shoop, E ecutive irector
Keep Te s Beautiful, Inc.
1D
OFFICIAL ENTRY FORM
1987-88
GOVERNOR'S COMMUNITY g c T £
ACHIEVEMENT AWARDS
* •ter *
1 U T \ F
An Annual Program
Sponsored By
KEEP TEXAS BEAUTIFUL, INC.
Deadline: April 30, 1988
GENERAL INFORMATION
OFFICIAL ENTRY FORM
• Enclosed please find your City's OFFICIAL ENTRY FORM. This form should be used in competing for the
1987-88 GOVERNOR'S COMMUNITY ACHIEVEMENT AWARDS.
• All Texas cities and communities are eligible to compete for the GOVERNOR'S COMMUNITY
ACHIEVEMENT AWARDS, except the eight winners of the preceding year's competition.
• To qualify, please fill out the Information Collector Sheet and the Entry Questionnaire, sign the
Attest Statement on the last page of the Entry Questionnaire, and provide Supplementary Materials as
appropriate. Please try to restrict your responses to the space provided. If additional space is required, please
continue your answer on the back of the page. Please do not use additional pages;additional pages will not be
judged. Fill out this Entry Questionnaire or a copy of this questionnaire, only. Entry forms received which
have been computer replicated or otherwise recast are subject to disqualification. Simply staple the entry form
together and keep separate from the Supplementary Material;do not bind or laminate the entry form.
• Answer questions only for those activities or areas in which your organization, city or community is actively
involved. Mark all others"WA" (not applicable) or leave blank.
• The Entry Questionnaire contains six judging sections. Each judging section is worth varying points.
"Perfect"score is maximum of 100 points. Entry receiving highest total of points will be declared the winner for
that population category:
,Judging Sections Scoring
CLEANUP 25 points
PUBLIC AWARENESS 25 points
EDUCATION (SCHOOLS) 25 points
LAW ENFORCEMENT 12 points
RECYCLING 10 points
QUALITY OF LIFE 3 points
TOTAL 100 points
• DEADLINE: All Official Entries in the 1987-88 Governor's Community Achievement Awards should be received
by KEEP TEXAS BEAUTIFUL, INC. by APRIL 30, 1988.
• Entries will be judged by an Independent judging panel. Decisions of the judges shall be final. Entries
become the property of KEEP TEXAS BEAUTIFUL, INC.
• Entries should cover a "reporting" or program period of approximately 12 months.
May we recommend that the Official Entry Form be used as a guide for planning your communities'
activities. Please, read each question carefully and plan your activities accordingly. As a matter of suggestion
only, community leaders may want to consider organizing in summer for a September kickoff, culminating in
spring with a massive outdoor Keep America Beautiful Week celebration. Public Lands Day is September 12,
1987; Keep America Beautiful Week is the fourth week in April, culminating with the State Department of
Highways GREAT TEXAS TRASHOFF, and sponsored in conjunction with the Don't Mess With Texas Campaign.
These observations lend themselves to Mayoral support through official proclamations and widespread
community involvement.
• Mail or deliver the Official Entry Form to KEEP TEXAS BEAUTIFUL, INC. Mailing Address: P.O. Box 2251,
Austin, Texas 78768. Street Address: The Littlefield Building, Suite 35, 106 E. Sixth Street, Austin, Texas
78701.
$700,000 HIGHWAY LANDSCAPING PRIZES TO WINNING CITIES
• By vote of the State Highways and Public Transportation Commission, a combined $700,000 in highway
landscape projects will be awarded to the 1987-88 Winning Cities of the GOVERNOR'S
COMMUNITY ACHIEVEMENT AWARDS.
• Cities compete within the following eight population categories, with the opportunity to win a handsome
cast aluminum plaque signed by the Governor of Texas, plus the following levels of funded highway landscape
projects:
Highway Landscape
Fight Population Categories Funding
1. Up to 2,500 population $ 20,000
2. 2,501 - 5,000 population 25,000
3. 5,001 - 10,000 population 30,000
4. 10,001 - 25,000 population 50,000
5. 25,001 - 60,000 population 60,000
6. 60,001 - 100,000 population 100,000
7. 100,001 - 300,000 population 130,000
8. 300,000+ population 285.000
TOTAL $ 700,000
• Specific locations of landscape projects to be determined by consultation with the State Department of
Highways and Public Transportation and the Winning Cities. Highway landscape projects to be designed,
funded, contracted and maintained by the Department.
AWARDS CEREMONY
• In addition to the funded highway landscape projects, Winning Cities take home handsome cast aluminum
plaques, suitable for display in a prominent community location. Plaques are underwritten by KEEP TEXAS
BEAUTIFUL, INC., sponsors of the GOVERNOR'S COMMUNITY ACHIEVEMENT AWARDS.
• An additional AWARD OF EXCELLENCE will be given to one of the eight Winning Cities, designating this city
as top pacesetter in keeping Texas beautiful for 1987-88.
• Plaques are presented by the Governor of Texas (or his designated representative) during impressive
ceremonies culminating the 21st Annual Meeting of KEEP TEXAS BEAUTIFUL, INC. to be held in
July 1988 at the San Luis Hotel,Galveston.
FOR MORE INFORMATION: Contact KEEP TEXAS BEAUTIFUL, INC. by mail or phone: 512/478-8813 or
toll-free 1-800/CLEAN-TX(1-800/253-2689).
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO.
87-20 TO PROVIDE A SCHOOL ZONE ON STONE STREET FROM BALLARD STREET
TO 150 FEET EAST OF HILLTOP, WITH A MAXIMUM SPEED LIMIT OF 20 MILES PER
HOUR DURING THE HOURS OF 7:30 A.M. TO 8:30 A.M. AND 2:30 P.M. TO 4:30 P.M.
ON SCHOOL DAYS; AMENDING ORDINANCE NO. 86-78A AND 87-21 TO ESTABLISH A
SCHOOL ZONE ON BROWN STREET FROM 150 FEET NORTH OF RUSTIC TRAIL TO
GATEWAY BEND, WITH A MAXIMUM LAWFUL SPEED LIMIT OF 20 MILES PER HOUR
DURING SCHOOL ZONE HOURS OF 7:30 A.M. TO 8:30 A.M., 11:00 A.M. TO 12:30 P.M.,
AND 2:30 P.M. TO 4:00 P.M. ON SCHOOL DAYS; AMENDING ORDINANCE NO. 83-38
TO PROVIDE A SCHOOL ZONE WITH A MAXIMUM SPEED LIMIT OF 20 MILES PER
HOUR ON STATE HIGHWAY 78 FROM JACKSON STREET TO WILLIAMS STREET
DURING THE HOURS OF 7:30 A.M. TO 8:30 A.M. AND 2:30 P.M. TO 4:00 P.M. ON
SCHOOL DAYS; AMENDING ORDINANCE NO. 83-40 TO PROVIDE SCHOOL ZONES WITH
A MAXIMUM LAWFUL SPEED LIMIT OF 20 MILES PER HOUR ON KIRBY STREET
FROM STATE HIGHWAY 78 TO BIRMINGHAM STREET, ON BIRMINGHAM STREET
FROM STATE HIGHWAY 78 TO BALLARD STREET, AND ON STONE ROAD FROM
BALLARD STREET TO BIRMINGHAM STREET DURING THE HOURS OF 7:30 A.M. TO
8:30 A.M., 11:00 A.M. TO 12:30 P.M., AND 2:30 P.M. TO 4:00 P.M. ON SCHOOL DAYS;
ESTABLISHING A SCHOOL ZONE WITH A MAXIMUM SPEED LIMIT OF 20 MILES PER
HOUR ON BALLARD STREET FROM STONE STREET TO 150 FEET SOUTH OF
BIRMINGHAM STREET DURING THE HOURS OF 7:30 A.M. TO 8:30 A.M. AND 2:30 P.M.
TO 4:00 P.M. ON SCHOOL DAYS; REPEALING ORDINANCE NO. 87-52 AND ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
1/
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
That Ordinance No. 87-20 be, and the same is hereby, amended by amending
Section 1A1(a), F.M. 544 South and East of S.H. 78, by deleting the following language,
to wit:
"• . 20 miles per hour when so signed for school location (Station 2+00 to
Station 17-00) at certain specified times" and to insert in lieu thereof the
following language, to wit:
"20 miles per hour when so signed on Stone Street from Ballard Street to 150
feet east of Hilltop Street during the hours of 7:30 a.m. to 8:30 a.m. and 2:30
p.m. to 4:00 p.m. on school days."
SECTION 2.
That Ordinance No. 86-78A, Section 1A1(b) be, and the same is hereby, amended
by deleting the following, to wit:
"• . school speed limit of 20 miles per hour when so signed for FM 3412
(Brown Street) eastbound and FM 3412 westbound (Brown Street)" and Ordinance
No. 87-21 be amended by amending Section 1A1(c) in part by deleting the following,
to wit:
"• . . . 20 miles per hour when so signed for school location (Station 492+40 to
Station 502+40) at certain specified times" and by substituting in lieu of said
language from both ordinances, the following:
"20 miles per hour when so signed for Brown Street from a point 150 feet north
of Rustic Trail to Gateway Bend during the hours of 7:30 a.m. to 8:30 a.m.,
11:00 a.m. to 12:30 p.m., and 2:30 p.m. to 4:00 p.m. on school days."
SECTION 3.
That Ordinance No. 83-38 be amended by amending Section 1A1(c) in part as
follows:
". . • . 25 miles per hour when so signed on State Highway 78 from Jackson Street
to Williams Street during the hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to
4:00 p.m. on school days."
SECTION 4.
That Ordinance No. 83-40 be, and the same is hereby, amended by amending
Section 1 thereof to read as follows:
"Section I. . . . .
a. Birmingham Street from the point of its intersection with S.H. 78 to the
point of its intersection with Ballard Street, a maximum speed of 30 miles
per hour, except between the hours of 7:30 a.m. to 8:30 a.m., 11:00 a.m.
to 12:30 p.m., and 2:30 p.m. to 4:00 p.m. on school days, when the maximum
speed shall be 20 miles per hour.
b. On Stone Road from the point of its intersection with Ballard Street to
the point of its intersection with Birmingham Street, a maximum speed of
30 miles per hour, except between the hours of 7:30 a.m. to 8:30 a.m.,
11:00 a.m. to 12:30 p.m., and 2:30 p.m. to 4:00 p.m. on school days, when
the maximum speed shall be 20 miles per hour.
c. On Kirby Street from the point of its intersection with S.H. 78 to the
point of its intersection with Birmingham Street, a maximum speed of 30
miles per hour, except between the hours of 7:30 a.m. to 8:30 a.m., 11:00
a.m. to 12:30 p.m., and 2:30 p.m. to 4:00 p.m. on school days, when the
maximum speed shall be 20 miles per hour."
SECTION 5.
That Ballard Street from the point of its intersection with Stone Road to a point
150 feet south of Birmingham Street is hereby established as a school speed zone during
the hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 4:00 p.m. on school days, and the
maximum speed limit is hereby fixed during those hours at 20 miles per hour, which
speed is determined and declared to be the maximum reasonable and safe speed for
motor vehicles traveling upon said street, and no vehicle shall be operated along or
upon any portion of said street in excess of such speed. The City Manager or his
representative is directed to erect an appropriate sign giving notice of the speed zone
established by this section.
SECTION 6.
That Ordinance No. 87-52 and all ordinances in conflict are hereby repealed.
SECTION 7.
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 declared to be invalid, illegal or unconstitutional.
SECTION 8.
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court
of the City of Wylie, Texas, shall be punished by a fine not to exceed the sum of Two
Hundred Dollars ($200.00) for each offense, and each and every day any such violation
shall continue shall be deemed to constitute a separate offense.
SECTION 9.
This ordinance shall take effect immediately from and after its passage and the
publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Wylie, Texas, on the
day of , 1987.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
47/L,1_7(
CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCES
NO. 84-15, 77-5, 85-51B, 82-14, 85-58, 73-4, 84-16, 74-9, 87-1, 84-27, 83-18, 82-23,
62-16, 71-8, 86-33, 84-17, 84-65, 87-10, 83-37, 72-19, 83-38, 83-39, 83-40, 83-11, 83-8,
78-5, 78-7, 78-19, 78-10, 79-2, 83-42, 75-2, 79-23, 85-54A, 69-11, 86-82, 87-5, 72-20,
81-5, 64-2, 63-6, 76-16, 85-59, 79-16, 87-7, 86-81, 71-7, 74-14, AND 78-18, BY PROVIDING
A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE;
AMENDING ORDINANCES NO. 86-80, 56-10A, 85-95, 72-3, AND 71-4 TO PROVIDE A
PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR VIOLATIONS
• ARISING THEREUNDER GOVERNING FIRE SAFETY, ZONING, AND PUBLIC HEALTH
AND SANITATION, INCLUDING DUMPING OF REFUSE; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
That Ordinances No. 84-15, 77-5, 85-51B, 82-14, 85-58, 73-4, 84-16, 74-9, 87-1,
84-27, 83-18, 82-23, 62-16, 71-8, 86-33, 84-17, 84-65, 87-10, 83-37, 72-19, 83-38, 83-39,
83-40, 83-11, 83-8, 78-5, 78-7, 78-19, 78-10, 79-2, 83-42, 75-2, 79-23, 85-54A, 69-11,
86-82, 87-5, 72-20, 81-5, 64-2, 63-6, 76-16, 85-59, 79-16, 87-7, 86-81, 71-7, 74-14, and
78-18 be, and they are hereby, amended to provide a penalty of fine not to exceed the
sum of Five Hundred Dollars ($500.00) for each offense.
SECTION 2.
That Ordinances No. 86-80, 56-10A, 85-95, 72-3, and 71-4 be, and they are
hereby, amended to provide a penalty of fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each violation of an ordinance that governs fire safety, zoning,
and public health and sanitation, including dumping of refuse as defined in Section 2.09
of the Texas Litter Abatement Act, Article 4477-9a, Vernon's Texas Civil Statutes.
SECTION 3.
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 4.
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 declared to be invalid, illegal or unconstitutional.
SECTION 5.
This ordinance shall take effect immediately from and after its passage and the
publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Wylie, Texas, on the
day of , 1987.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
• n
oLit,4„—
CITY ATTORNEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO.
78-17 BY AMENDING SECTION 20c TO PROVIDE TRUCK ROUTES ON BROWN STREET,
BALLARD STREET, STONE STREET, AND STATE HIGHWAY 78; AMENDING SECTION
20b TO PROVIDE FOR COMPLIANCE WITH TRUCK ROUTE REQUIREMENTS BY ANY
MOTOR VEHICLE WITH A RATING OF OVER TWO (2) TONS; PROVIDING EXCEPTIONS;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
That Ordinance No. 78-17 be, and the same is hereby, amended by amending
Section 20b to read as follows:
"SECTION 20: TRUCK ROUTES.
b. Compliance Required. It shall be unlawful for any motor vehicle with a
rating of over two (2) tons carrying capacity with tandem axle and/or any
truck trailer or tractor trailer to use, travel upon, or be driven over any
street, avenue or highway within the City not designated in this section as
a truck route, provided however, that if the point of origin or destination
of a commercial vehicle shall be off such truck route, then such vehicle
may proceed by the shortest possible route to or from its destination to
the nearest truck route and provided further, that this restriction shall
not apply to emergency vehicles as that term is defined by law, by public
service vehicles of a governmental agency, or by service trucks of a public
utility conducting any operations on any street other than the truck route."
SECTION 2.
That Ordinance No. 78-17 be, and the same is hereby, further amended by amending
Section 20c to read as follows:
"SECTION 20: TRUCK ROUTES.
c. Truck Routes. The following streets and parts of streets are designated
as truck routes for purposes of this section:
NAME OF STREET LIMITS
Brown Street West of Ballard Street
Ballard Street North of Stone Street
Stone Street East of Ballard Street
State Highway 78 At all points within the
City limits"
SECTION 3.
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 4.
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 declared to be invalid, illegal or unconstitutional.
SECTION 5.
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court
of the City of Wylie, Texas, shall be punished by a fine not to exceed the sum of Two
Hundred Dollars ($200.00) for each offense, and each and every day any such violation
shall continue shall be deemed to constitute a separate offense.
SECTION 5.
This ordinance shall take effect immediately from and after its passage and the
publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Wylie, Texas, on the
day of , 1987.
APP ROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO RDA: r
1.0/d t
CITY ATTORNEY
V /
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
-
Nov. S. 1987 _ Off Site Drainage Easement Quail Hollow #2
The Wylie School District has requested these
items be put on the agenda to allow for
construction of the perimeter streets around P. M.
Akin Elementary. The necessary off site drainage
easements have not been secured at agenda packet
time. The school district should have the
necessary easements by Tuesday evening . If the
off site drainage easements have not been received
by Tuesday night , staff would recommend that these
items be tabled or that a stipulation that
construction could not begin until the easements
are received by the City.
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
Ron Homeyer, Assist. Engineer
FOR ADD.INFO. CONTACT: OTHER:
Ron Homeyer, Assist. Engineer
Ni E M O R A N D U M
DATE: _ plc /jam 4-r -1 7
TO: _ioj' n r , t = _ lck . C. Manager
FROM: Ron H(.7m -:r- , .,_ t . C t ✓ engineer
SUBJECT: Plat and c•c Flans APProval
1
6.: '�4 l L ,lC : 4-._ E ;. rE 5__..p i-i f- 5 E -r" L i C_,- r cro,
The material attached is aPnr-'o'-ed ov the Engineering
:) Partment as being comPlete and acceptable for Placement on
the net appropriate agenda.
0 Freliminar'v Flat to Planning and Zoning
C Preliminary Plat to Cite., Council
0 Final Flat to Planning and Zoning
/Fnal Flat to City Council
i
Construction F''ians to City Council +or
construction a P G ro y.a.l only
r Council Final I-i a i Flat a t _ - _ 1 t.Y ��:_� for�r subdivision
acceptance along With final inspection statement
COMMENTS: T) /Ali4 6" e5r�T /4/ i(/c T EP"eit/ P�FStAi Trb ---
R-H:,a m
_c e Public Wors Director
Code Enforcement Officer
Subdivision File
Chronological File
53
InfoRmqL
REpoRrs
s /
Informal Report to Mayor and City Council
SUBJEU I: DATE: Na
JUNK YARDS 11-3-87 /
Since last we met this department has succeeded in causing
one embryo junk yard to be aborted.
G.55
COLLIN
COUNTY
KEN BANGS
Justice of the Peace
Precinct 3. Place 1
Collin County, Texas
661 E. 18th Street, Plano, Texas 75074
(214) 6R 1-3001
`JVE`f;ER 2, 1987
:ENO RAND UM
0: `;EMBERS OF THE COLLIN COUNTY PUBLIC OFFICALS ASSOCIATION
'ROM: KEN BANGS
°FERENCE: NOVEMBER MEETING
lE CCPOA WILL MEET THURSDAY, NOVEMBER 19, 1987, AT THE HOLIDAY INN, McKINNEY.
EASE NOTE THAT THIS REPRESENTS A CHANGE IN OUR NORMAL MEETING ROUTINE. THE
ANGE IS MADE BECAUSE OUR NORMAL MEETING FALLS ON THANKSGIVING. ADDITIONALLY,
?ASE NOTE A CHANGE IN THE AGENDA. THE MEETING WILL BEGIN AT 6:30 O'CLOCK P.M.
"H A SOCIAL TIME UNTIL 7:00 O'CLOCK P.M. , DINNER AT 7:00 O'CLOCK P.M. AND
: PROGRAM AT 7:30 O'CLOCK P.K. THE CHANGE WILL GIVE OUR SPEAKER AN EXTRA
.F HOUR FOR HIS PROGRAM.
SPEAKER FOR THE EVENING WILL BE DR. DAN LONG, SUPERINTENDENT OF THE CARROLLTON—
MERS BRANCH I.S.D. DR. LONG WILL BE ACCOMPANIED BY THE HONORABLE BOB LUNA,
ORNEY AT LAW. THEY WILL DISCUSS THE EDGEWOOD V. KIRBY LAWSUIT PARTICULARLY
IT IMPACTS LOCAL SCHOOL OPERATIONS.
S PROGRAM IS A PARALLEL TO THE SEPTEMBER MEETING IN WHICH WE HEARD FROM
;TE REPRESENTIVE BEN CAMPBELL. IT IS OBVIOUS FROM THAT MEETING THAT EDGEWOOD
KIRBY WILL EFFECT ALL ASPECTS OF LOCAL GOVERNMENT AND WILL NOT BE LIMITED
J SCHOOL OPERATIONS.
SOUNDS LIKE AN INTERESTING MEETING. PLAN TO ATTEND AND BRING A FRIEND. WE NEED
YOUR RESERVATIONS NO LATER THAN 10:00 O'CLOCK A.M. , THURSDAY, NOVEMBER 19, 1987.
PLEASE CALL THEM IN TO MS. BLAKELY AT 578-7120.
Not Produced at Government Expense
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE
H.LOUIS NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave Suite 707
LAWRENCE W.JACKSON 500 N. Akard Dallas.Texas 75225
TIN KISS Dallas, Texas 75201 (2141 692-1218
ROUCRT L.DILLARD III (214) 954-3333
ROSERT D.HEM/MILL
RO•ERT E.MAGER
PETER O.SMITH October 30, 1987
SOY L.ARMSTRONG
OAVIO M.
ROSERT L.DILLARD.JR.
JOHN F.ROMP III
OF COUNSEL
SRUCE A.STOCRARO
PAM GANDAL EUDARIC
Mayor and City Council
City of Wylie
P. O. Box 428
Wylie, Texas 75098
Dear Mayor and Council:
You recently asked me for an opinion as to the ability of a property owner
within the extraterritorial jurisdiction of the City of St. Paul to require St. Paul to
release its property from its ETJ so that it can go into the ETJ of Wylie and be
annexed and subsequently served with Wylie city services.
As you know, the Municipal Annexation Act, now found in the Texas Local
Government Code, provides each city or town with exclusive extraterritorial jurisdiction,
the extent of which depends on the population of a town or city. St. Paul, having less
than 5,000 inhabitants, has an exclusive extrateritorial jurisdiction of one-half mile.
Apparently, the property in question is within the exclusive ETJ of St. Paul.
Section 42.023 of the Texas Local Government Code provides that extraterritorial
jurisdiction of a town or city may not be reduced except by written consent, that is
resolution or ordinance, of the governing body of that town or city. There are provisions
for the creation of other political subdivisions in the ETJ of a town or city. These
include the creation of special utility districts and so forth. However, even the creation
of a special district would not remove the property from the ETJ of St. Paul and, in
fact, would also require the consent of St. Paul.
The property owner may have an argument against St. Paul that it is, by virtue
of its official stance not to release his property so that it can be annexed by Wylie,
establishing a custom or policy which prevents the economically viable use of his property
for any purpose and that such policy works a taking without compensation or due process
of law. I do not know of any Texas case where this has been successfully done. In
any event, this would be a cause of action that the property owner might consider, and
the City of Wylie would have no standing to make any such claim or argument.
I hope this answers the questions you had with regard to the matter. If it does
not, or if you have any other questions, please let me know.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
�KTx DILLARD
N.1, ( _ 4_, 4. c , ' 0 i
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_ . „,,ct„__ , .ti ,,,,
Robert L. Dillard Ill
RLD/sb