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09-08-1987 (City Council) Agenda Packet -5- 7 S'c c' AGENDA REGULAR CITY COUNCIL MEETING CITY OF WYLIE, TEXAS TUESDAY, SEPTEMBER 8 , 1987 7 :00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS Consent Agenda The following items are to be considered as one item. The Council may move, by a motion and a second, to approve or reject all items contained within . Any councilmember may request that an item or items be pulled from the Consent Agenda and considered Feparately. If such a request is made, those items will occur in numerical order immediately following the vote on the Consent Agenda . 1 1-16 Consider approval of minutes. 2 17-18 Consider Proclamation declaring September 13th-17th as Arthritis Victory Week. 3 19 Consider Proclamation declaring September 17th-23rd as Constitution Week. 4 20-21 Consider Resolution authorizing City Manager to make application and execute agreement for grant funding with Governor ' s Criminal Justice Division. 5 Insert Consider approval and adoption 22-24 as City policies Administrative Report--Work Order and Inventory System. 6 Insert Consider approval and 22-24 submission to the Texas Water Commission--Administrative Report--Lift Station Inventory and Maintenance Program. 7 25-28 Consider approval of Construction Draw #11 in the amount of $184 , 737 . 29 to Speed Fab-Crete International regarding work at the Municipal Complex . PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 8 29-31 Consider ordinance imposing a warrant fee and a special expense fee for defensive driving courses . ORDER OF PAGE BUSINESS REFERENCE 9 32-33 Consider ordinance providing for a late payment penalty for City utility services. NEW BUSINESS 10 34-36 Consider approval of replat of 1 acre out of the W. Penney Survey, Abstract 696 (Steve Anderhub Addition) . 11 37-51 Consider agreements between City and Atchison, Topeka , and Santa Fe Railway Company for construction of railroad crossing at the proposed Westgate Shopping Center . 12 52-67 Consider contractual agreement and application for Emergency Number Service (911 ) between City and General Telephone Company of the Southwest . 13 68-69 Consider Parks and Recreation Board recommendations . a . Establishing a deposit for users of City park equipment ( i .e. volley ball , and volleyball net . ) b. Construction and installation of a water fountain at the Park Pavilion at the Community Park. GENERAL DISCUSSION 14 Citizen Participation 15 70 Council Discussion UNFINISHED BUSINESS 16 See Insert Consider discussion of Lake Ray Finholt Report Hubbard Mobile Home Park and acceptance of applicable public improvements ( i .e. Interior Sanitary Sewer , Perimeter Street and Storm Drainage) . 17 71-74 Consider discussion of establishing City priorities for 1988 County Bond Program. ORDER OF PAGE BUSINESS REFERENCE 18 75-76 Consider setting date for Budget Workshop and Hearing. 19 77-92 Consider discussion of Lucas- Wylie ETJ Agreement and approval of joint resolution between cities . FINANCIAL CONSIDERATIONS 20 93 Consider approval of Draw #2 of $100 ,000 .00 on working line of credit with First State Bank. 21 Recess Open Meeting 22 Convene Executive Session under the authority of Article 6242- 17 of V.A.C.S . , Section 2 . (1 ) Paragraph "9" personnel matters - appointments of municipal court judge and prosecutor . 23 Reconvene Open Meeting 24 Consider any action from Executive Session. 25 ADJOURN CITY COUNCIL MEETING MINUTES AUGUST 25, 1987 7: 00 P. M. The Wylie City Council met in regular session on Tuesday, August 25 , 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 Calvin Westerhof, Marvin Blakey, John Akin, Chris DiTota , and Kent Crane, Acting City Manager James Johnson, City Secretary Carolyn Jones , Acting Public Works Director Don White, Ron Homeyer of the Engineering Department , Chief Abbott , and City Attorney Robert Dillard . Mayor Trimble called the meeting to order and Councilman Akin gave the invocation . CONSENT AGENDA APPROVAL OF MINUTES, NAMING 4TH BASEBALL FIELD "RUDY ROWELL FIELD" , MEMORIAL PLAQUE AT RUDY ROWELL FIELD, ACCEPTANCE OF SANITARY SEWER EASEMENT FROM MYRAN CORPORATION, REIMBURSEMENT OF OVERSIZING FOR RUSH CREEK SEWER LINE EXTENSION TO SPENCE CONSTRUCTION FOR $2 ,651 .60 : Mayor Trimble stated the items on the consent agenda can be considered as one item or if a Council member wants , an item can be pulled out and considered separately. Motion was made by Councilman Westerhof to approve all items on the consent agenda . Seconded by Mayor Pro Tem Donovan . Councilman DiTota wanted to know if staff approves of the sewer line that was installed prior to the reimbursement being made. City Manager James Johnson said yes , that staff had inspected this line and does approve. Councilman Crane wanted to know if the memorial plaque that was being considered was bronze like the other hanging in the concession building . City Manager James Johnson said yes . • Councilman Akin said it was an honor to see this plaque being done . Mayor Trimble called for a vote being there was no other questions or discussion. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 . ORDINANCE IMPOSING THE ADDITIONAL PENALTY ESTABLISHED IN SECTION 33 .07 OF THE TEXAS PROPERTY TAX CODE UPON DELINQUENT TAXES: City Manager James Johnson stated that this item was before the council at the request of the tax attorney and the city attorney. This ordinance covers the 15% fee for attorneys when collecting delinquent taxes . Motion was made by Councilman Akin to approve the ordinance imposing the additional penalty established in Section 33 .07 of the Texas Property Tax Code. 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 . ORDINANCE PROHIBITING PARKING ON J . W. AKIN LANE BETWEEN MASTERS AND STONE ROAD: This ordinance is before the Council to comply with the motion on granting the Planned Development at the last meeting . The Council wanted to insure that no one would park on Akin Lane after the new Funeral Home was built . Motion was made by Councilman Westerhof to approve the no parking ordinance for J . W. Akin Lane between Masters and Stone Road . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - 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: Mayor Trimble stated that anyone wishing to speak may come forward, please state your name and address and keep your comments to within two minute. At this time there was no one who came forward . COUNCIL DISCUSSION: Mayor Pro Tem Donovan wanted to know where the staff was on getting the truck ordinance completed. City Manager James Johnson said it was with Mr . Jackson, and that he would contact Mr . Jackson this week. Mayor Pro Tem Donovan wanted to know where the discrepancy was with the Lucus/Wylie boundary agreement . City Manager James Johnson said he can not find one, it will go on the next agenda . ` City Manager James Johnson said he needed some direction from the Council on the rate study so he can complete the Utility Fund Budget . Councilman DiTota wanted to be brought up to date on the gasoline spill at the new city complex . City Manager James Johnson said a contractor cut through a gasoline line and that the gas run in the sewer pipe to the new complex . The gasoline dealer was there immediately and at the advice of the Fire Marshal Lester Gayler , the clean up of this was turned over to the dealer . Since they have more knowledge of this and the equipment to do the clean up. Acting Public Works Director Don White said that Austin Paving has contacted him and there should be no problem with the sewer line and Austin Paving is sending a letter stating this . Councilman Akin wanted to know if the contractors came in to see if there were any lines that needed to be located on projects prior to their beginning work. Code Enforcement Officer Roy Faires said yes , and these lines where on the plan and had been located . Councilman Westerhof wanted to know if on the next agenda there could be an ordinance to imply a penalty on the utility bills for late payment . Councilman Akin stated that on Highway 78 and FM 544 (Kirby ST. ) the traffic is using the shoulder of the road and causing near miss accidents . Our police staff does not have an ordinance that will let them enforce this area . Mr . Lee of the Highway Department has stated that he will put up signs prohibiting driving on the shoulders , but Council does need to pass the ordinance stating it is unlawful to use the shoulder . Councilman Akin stated that the budget process was about two months behind, where are we at in staring work sessions . City Manager James Johnson stated that the General Fund was ready to be presented to Council . Councilman Akin than stated that he did not see the revised budget to justify the $200 ,000 . 00 . City Manager James Johnson said the budget was never revised , but that he had presented to the Council an audit from the City Auditors showing the shortfall for this year . Councilman Akin wanted to know if there had been a time set on the opening of the new City Complex . City Manager James Johnson said should be in October , but this depends on the utilities. Mr . Faires stated that the contractors are laying the carpet and tile and the final walk through should be in about six (6) weeks . Mayor Trimble said the Texas Ag . Extension Service is having several work shops if anyone is interested . Also notice of a public hearing of Central Appraisal District of Collin County on August 27, 1987 for the proposed 1988 budget . Mayor Trimble also stated that he has received an invitation to a luncheon with Collin County Mayors , City Councils and City Managers with the Collin County representatives and Mr . Arnold Oliver with the Texas Highway Department . Also the Memorial for Veterans of Texas has sent us a book and if anyone wants to look into this , they may get this book from me. ACCEPTANCE OF APPLICABLE PUBLIC IMPROVEMENTS FOR LAKE RAY HUBBARD MOBILE HOME PARK: City Manager James Johnson said that Council should have received the last letter that was to Mr . Finholt , as I see it there are several problems to be resolved . The most important is water - fire protection, and sewer . The orders the City has received from the Texas Water Commission has said we can not furnish water to this area that it has to come from East Fork Water Supply. City Manager James Johnson also stated that there are some fees that have to be paid , Council may choose to apply some of the monies spent for the water line against some of the fees that are due, but only Council can make that decision . Councilman DiTota said he has a concern of the streets being taken over by the City as Mr . Finholt wants . City Manager James Johnson said the City' s Mobile Home Park Ordinance says the City will not accept these streets . Councilman DiTota said he is not understanding why we are talking about pumping sewer when our Ordinance says the developer will put in these lines . The past City Manager has said in the minutes that Mr . Finholt is required to do all these. Mr . Stan Knight , Attorney, representing Mr . Finholt , said first on the streets , it was Mr . Finholt' s intention to have these as private streets . Second the water service has to come from East Fork Water supply. The Texas Water Commission has already said that . The water problem has been resolved and East Fork will be serving water . Mr . Dillard said the agreement was we would abide by the jurisdictions of the water systems . Third , the sewer service - this development will take some time to fill up and we intend to have the force main installed and the line in within the next thirty (30) days . Mr . Finholt has contacted an individual to pump what sewerage that collects and we will bare this expense. Mr . Knight stated that Mr . Johnson said the City could not pump, but Texas Water Commission has sent you a letter stating you can pump up to 9 ,000 gallons per day. Councilman DiTota said how can we do this when Texas Water Commission said not to haul more than 2,000 ft. This is 2 .2 miles , how can we do this . Mayor Pro Tem Donovan said how long will it take you to move in these trailers , at Southfork they were in over night . City Manager James Johnson said they come in faster than estimated . Mr . Knight said they were estimating the sewer line to be in within 90 days . Mayor Trimble wanted to know what happens if you do not get the lines in . City Manager James Johnson said for Council to consider that the Texas Water Commission has said to stop pumping and there is an enforcement order , the City must keep their agreement with the State . Councilman DiTota said he did not understand why the sewer lines are not in, in the minutes , the past City Manager said that the developer has to put in these lines . Mayor Trimble said the responsibility is clearly on the developer to install all water and sewer lines . Councilman Crane said the past City Manager has stated that it was his opinion to put in the main trunk line down Muddy Creek, but this was his opinion and was not said to be policy. Mr . Knight said they were willing to set a limit on the number of mobile homes that would be brought in . Mayor Trimble said it was calculated to be only 11 mobile homes that could come in under the pumping order . Councilman DiTota wanted to know what was going to happen if there was a spill . Mr . Knight said the hauler and developer would be responsibility. Mr . Knight said they were willing to limit the number of mobile homes to fifty (50) . Mr . Knight said that certain water pressures are to be supplied in order to comply with the City of Wylie Ordinances . We can only give you the pressure that East Fork gives us. Mr . Knight said that the on-site drainage ditch has been properly installed . There is a problem with Mr . Allard on the off-site drainage. Mr . Knight stated that the maintenance bond had been given to Mr . Homeyer . City Manager James Johnson said he does not concur with not collecting the fees , to defer these fees would put us against the City Ordinances . There are license fees that need to be paid. Mr . Knight said the Lift Station District Fees should not be paid until the lines are connected . Councilman DiTota wanted to know if council considered the 50 units , or 11 units , what would be the City' s protection to get the sewer lines in . Who knows but this company may file bankruptcy prior to getting the lines in, then what . Councilman Westerhof said if he moves in more mobile homes than what he was given permission to, what could we do for recourse . Mr . Dillard said not to pump sewer from anything but the set number of mobile homes . Councilman Crane wanted to know if the security on the performance bond would cover the bankruptcy. Mr . Dillard said he was not for sure, he would have to check. Mr . Faires said the City would be assured of only the number of mobile homes that Council granted through the release for power . Mr . Knight said the City has had us put in this water line that is now useless . Mr . Dillard said it goes right in front of the East Fork Water tank and will not be useless . Mr . Dillard said the first thing for Mr . Finholt to do is to get the water from East Fork Water Supply and then check to see if they will have the pressure needed for the fire hydrants . Second , if they can get Texas Water Commission and the Texas Department of Health to give them permission to pump and haul this sewer by private hauler than the City has to accept it . Mr . Jimmy Hall , Attorney, said he has talked with TWC about this and the enforcement order from TWC. Also the City received a letter from Texas Department of Health about the pumping . Mr . Hall has written to see if Wylie could continue to pump and haul . TWC is telling us the City can continue to pump and haul if the City stays within their orders . Mr . Hall said he does not think the 9 ,000 gallons can be enforced . Councilman DiTota says this developer has said he knows it is his responsibility to put in the sewer lines and yet we are going to allow him to pump and haul , maybe have a spill and then the City will be fined by TWC. I cannot go to the citizens and ask for a tax increase and let this subdivision come on line like this , with a possibility of a spill and the citizens be faced with a fine . City Manager James Johnson said this will be mastered metered and the City will have no controll over the sewer . Councilman Westerhof stated that he was looking at some communication from Texas Department of Health and there were seven different stipulations given to the City of Wylie in order for us to comply with this pumping . The fifth stated that no sewer will be stored in the lines . You have just stated that the sewer will be stored in the lines prior to the pumping. Mr . Hall said this was just an example, it was not their intention to store the sewer . Councilman Westerhof said how many examples are we going to get . Everything is here that you were to do and you keep saying we will do it after we open. Now this and it is the City' s responsibility to answer to the Texas Department of Health . The Council as laymen, represent the City of Wylie , we have to watch everything we do . We are in a mess as it is and are trying very hard to do the best we can with it. We are not giving Mr . Finholt a bad time, but the City has received the letter that says do this , don' t do this . This is what we are going by and we can not work around the State. I am geting frustrated with it. Councilman Westerhof asked Mr . Hall what do you thank the chances are that TWC will go along with this . Mr . Hall said as long as we show no spills , they will approve this . Mayor Pro Tem Donovan said the Council is saying that there are so many variables , that you need to get TWC to agree to . The Council just does not see the State doing this as easy as you say, we have been up to the State and talked with them on several occasions . Why do this , when you are going to put in the line. Mr . Hall stated that it was on their shoulders to work out these details with the State. City Manager James Johnson ask Mr . Homeyer about the easements on FM544. Mr . Homeyer said there is a problem because of water already being there and the State does have requirements about how far apart water and sewer lines have to be . Mr . Finholt stated that the past city manager has said the sewer line would come up Cottonwood Creek, if I had been told that the sewer line had to come down FM544 , it would already be in. Councilman Blakey said Mr. Finholt you stated if you had known then the sewer line would come down FM544 , it would be in, if Council had known TWC was going to impose these orders that they have, we would have made other arrangements to . Councilman Crane said that the Council has been in Austin with the Texas Water Commission and was given verbal authorization to continue the pumping , yet a few weeks later received this letter that said no more pumping . Mayor Pro Tem Donovan said our citizens are going to be caught because we have to raise our taxes and water/sewer rates and we do not want to do that , but we are getting our orders from TWC and they are saying to raise these rates in order to make these improvements . Mr . Finholt said he does not believe the Council is being fair to him, I need to open this park in the morning . Mayor Trimble said if Mr . Hall can get these requirements and hold the number of mobile homes to fifty (50 ) , will Council be willing to go ahead. Councilman Crane said we needed to address what type of protection we have over bankruptcy. Councilman Crane said he would like legal opinion on this . Motion was made by Councilman Akin to have the City Attorney meet with the attorneys for Mr . Finholt and staff and get back with recommendations for council action. Councilman DiTota said to state specifically what the State will do . Mr . Knight asked for this to be tabled until September 8th meeting . City Manager James Johnson wanted to know if the water line would be connected by then . Mr . Finholt said it would be. Councilman Crane wanted to know how the holding tank would be monitored . Councilman Akin revised his motion to table this item until the next meeting . Seconded by Mayor Pro Tem Donovan. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 EUBANKS LANE SANITARY SEWER LINE EXTENSION CONTRACT: City Manager James Johnson said the contract for this sewer line has not been completed as yet . City Manager James Johnson wanted to know if Council would go ahead and give Mr. Cook the authority to begin this line . Mr . Cook said the only problem was that when the job was completed, he did not want the payment to get drug out . Mr . Cook said the contract had been let and the contractors are proceeding , also , is there anyway I can put in the 12 " water line and some of the fees of this development be used against this cost . City Manager James Johnson said the impact fund has been committed . Motion was made by Councilman Crane to authorize the City Attorney to draw up a contract to reflect the City to pay the balance from the $69,930 .00 after Mr . Cook' s pays $34 ,000 .00 . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 . AWARD OF TELEPHONE EQUIPMENT BID FOR THE NEW MUNICIPAL COMPLEX: There were 8 bid letters mailed out and six bid packets pick up. There were two bids received , one from GTE and the other from Southwestern Telecom. Staff recommends to the Council for this item to be tabled until September 8 , 1987 , as there are some questions on GTE ' s bid and Mr . Dillard has been asked for his opinion . Motion was made by Mayor Pro Tem Donovan to table this item until September 8 , 1987 . Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 CONSTRUCTION DRAW #10 TO SPEED FAB-CRETE: This construction draw is in the amount of $50 ,014 .35 and is for the work at the new Municipal Complex . Councilman Akin wanted to know how much of a retainer we were holding . City Manager James Johnson said 10% . Staff recommends approval of this draw in the amount of $50 ,014 .35 . Motion was made by Councilman Akin to approve draw #10 in the amount of $50 ,014 .35 . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 . Mayor Trimble recessed the opening meeting and convened Council into Executive Session at 9: 40 P .M. under the authority of Article 6252-17 of V.A.C.S . , Section 2 paragraph "e" legal consultation between City Attorney and Governmental Body in regards to State Agency Requirements Wastewater System, and paragraph "g" personnel matters - Municipal Court . Mayor Trimble reconvened the open meeting at 10 : 45 P.M. and stated that there was no action to be taken from the executive session . Motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary 7 PLANNING AND ZONING COMMISSION MEETING - MINUTES 7 : 00 P. M. SEPTEMBER 3, 1987 The City of Wylie Planning and Zoning Commission met in regular session on Thursday, September 3 , 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 Vice Chairman Ben Scholz, Bob Skipwith, Bart Peddicord, Marty Stovall , Cecilia Wood , Code Enforcement Officer Roy Faires , Karen Blythe, Secretary, and Candi White, Secretary. Chairman Brian Chaney and Mr . R.P . Miller were absent . CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the August 6 , 1987 meeting . Mr. Peddicord explained that the typing errors in the minutes could sometimes possibly reflect something different than what was meant in the discussion. He went on to point out several typing errors . Ms . Wood corrected her statement in regard to the water supply at Beaver Creek, stating that the minutes reflected that she asked Mr . Cook if he was aware that some of the people in Beaver Creek were not satisfied with their water supply, when she actually was just asking Mr . Cook if he was aware if any of the people in Beaver Creek were unsatisfied with their water supply. Mr . Peddicord state that in one paragraph, Mr. Faires was referring to Mr . Cook' s subdivision , but the minutes sounded like Mr . Faires was referring to his own subdivision, rather than Mr . Cook' s. A motion was made by Mr . Skipwith to approve the minutes with the noted corrections . The motion was seconded by Mr . Stovall . This motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE REPLAT OF 1 ACRE OUT OF THE W. PENNEY SURVEY, ABSTRACT 696 (STEVE ANDERHUB ADDITION) : Mr. Faires , Code Enforcement Officer , explained that this is a very simple subdivision, where a grandfather has given one acre out of his 23 acres to his grandson on which to build a house. Mr . Faires also explained that there is water and sewer on the property, along with a septic tank which is used by a mobile home park on the property. Mr . Faires said the only question remaining to be answered is the perimeter street fee, which Mr . Anderhub has requested that the Planning & Zoning Commission recommend to the Council be adjusted to be applied to the entire tract . Mr . Faires also explained that under the subdivision regulations , the subdivision is required to pay perimeter street fees upon filing of the plat . Due to the unusual circumstances , Mr . Anderhub feels that the fee is extensive. Ms . Wood asked if Kinsington Manor , the subdivision across the street from this property, had to pay perimeter street fees . Mr . Faires replied that they did not , as the City had not passed the perimeter street ordinance when Kinsington Manor was developed . Mr . Faires explained that every subdivision has to pay street fees , even if it is located on a state highway. Mr . Anderhub stated that the reason he objects to paying the fees is because the property had just recently been forced annexed and that he had already made plans to build on this property prior to annexation. Mr . Anderhub explained that according to the dictionary, a subdivision is the dividing into small portions of land and usually for sale, and here we just have a parcel of land divided out . Mr . Anderhub also stated that there was no sale involved, but that his grandfather had deeded this land to him, and the reason the land changed names , was that he understood that this must be done before the land could be submitted for a replat . He also explained that the property would still be Ag use, and there would be no Planned Development . Mr . Anderhub also stated that Parker Rd . at one time was only a whiterock road and when it was widened , straightened out , and resurfaced , that about 3 1/2 acres of this property was utilized to do so . He feels that the road has been a benefit to the area and the people of Wylie, and feels that the perimeter street fees should be waived , since land has already been donated for the existing road . Ms . Wood asked when the property was deeded to Mr . Anderhub. Mr . Anderhub said it was done just recently, after the annexation, but that he was already planning to build , when the land was annexed, and decided to hold off to see how the annexation was going to go . Ms . Wood also asked if Mr . Anderhub knew the right-of-way width that was given from the property. Mr. Faires, Code Enforcement Officer explained that according to the submitted plat , there is a 100 foot right-of-way. Mr . Faires also wanted to clarify that State Law defines a subdivision as any piece of property which is divided into two or more pieces , whether it is for sale or development . Mr . Stovall asked how long Mr . Anderhub' s grandfather has owned the property and again if 3 1/2 acres was cut off for the existing road, and if so, was his grandfather paid for the property. Mr . Anderhub stated that his grandfather has owned the property for about 30 or 40 years and that 3 1/2 acres was used for the road , and that his grandfather was not paid for the 3 1/2 acres , and that he did not ask for any payment . Mr . Peddicord asked that since the fee has been set in the subdivision ordinance, if the Planning and Zoning Commission recommended that the fee be waived , wouldn ' t the Commission be setting a precedent for cases like this in the future. Mr . Faires , Code Enforcement Officer , explained that this is a very unique situation and that the Planning and Zoning Commission would not be making the decision , but only a recommendation to the Council , who has the option of waiving the fee. Mr . Faires also stated that because this situation is so unique, it is very unlikely that it would occur again in the future . Mr . Peddicord asked how the fee was figured . Mr . Faires explained that according to the ordinance, it was figured that one lane is 11 foot wide, x 220 x the length of the lot . All the Board members agreed that since Mr . Anderhub' s family had donated part of the property for a road , had given an easement for water and sewer years ago , and had been forced annexed , that in order to do what is fair and just , the recommendation should be made to waive the fee. Mr . Stovall made a motion to approve the final plat and to recommend that the Council waive the perimeter street fee . Mr . Skipwith seconded the motion. The motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE PRELIMINARY PLAT OF 22 .0186 ACRES OUT OF THE D. W. WILLIAMS SURVEY, ABSTRACT NO. 1021 COMMONLY KNOWN AS BIRMINGHAM FARM TRACT 16 : Mr . Faires , Code Enforcement Officer , explained that this piece of property is zoned Duplex (2F) by a previous board and council , and that this submittal does comply with zoning regulations and that Staff could only recommend that it be approved . Mr . Faires also stated , however, that he would like to make it a matter of official record that the developer has been informed that we, on staff, have found 9 duplex lots an unmarketable commodity. Therefore, the developer is developing duplex lots as duplex lots and the fact that he will have to put in extra water taps and extra sewer taps because of the duplex configuration,and should this prove a hardship in the future , will prove to be a self imposed hardship . Mr . Kindred , who was respresenting the owners of the property, Mortgage Investments Co . , stated that this subdivision in its entirety consists of 658 acres and the existing City of Wylie, as far as the developed land is approximately the same size as the Birmingham Farms tract . Mr . Kindred also explained that when the Birmingham Farms tract was zoned, it was not done so with the idea that the entire subdivision would be developed immediately, but over a long period of time. Mr . Kindred feels that Mr . Faires ' statement that the duplexes are an unmarketable commodity, was a judgment call , and that the builder who was looking at the duplex lots in the Birmingham Farms tract , builds a very nice duplex and has been very successful . Mr . Stovall asked what the reason was for duplexes instead of single family homes . Mr . Kindred stated that the Birmingham Farms is a master plan community, where they have taken a large acreage and zoned it into categories that over a period of time would make sense in terms of proportion. Mr . Faires explained that the Board could not do anything about the zoning, as it had already been zoned previously, and that according to state law the Board had a duty to recommend approval of the plat , but wanted to impress on the developer that he is developing duplexes and that he should have little hope of having anything other than duplexes or 85 foot SF3 lots . Mr . Peddicord asked Mr . Kindred where the access would be to the property. Mr. Kindred stated that it would be from Allanis and will go through the SF3 zoned part of the property. Mr . Kindred also explained that there would be an entry with brick monuments . Mr . Kindred stated that there would be a lake and a park and that the donation of the lake and park to the City has always been contemplated and recommended throughout the process. He explained again that this is a master plan community and that the City is used to seeing pieces of land being developed here. Mr. Kindred stated that this is a for sale subdivision and doesn' t comtemplate it as a rental subdivision, as this is a first class master plan community which will take 5 to 8 years to be complete and will not be one in which there will be a duplex here and a duplex there. Mr . Peddicord made a motion to recommend approval of the preliminary plat . The motion was seconded by Mr . Skipwith. The motion carried with all in favor . ADJOURN: There being no other business , a motion was made by Ms . Wood to adjourn . The motion was seconded by Mr . Skipwith. The motion carried with all in favor . Brian Chaney, Chairman Respectfully submitted, Candi White, Secretary / v PARKS AND RECREATION BOARD MEETING - MINUTES 7 : 00 P. M. SEPTEMBER 1, 1987 The City of Wylie Parks and Recreation Board met in regular session on Tuesday, September 1, 1987 at 7 : 00 P .M. in the Community Room. A quorum was present and notice of the meeting had been posted in a time and manner required by law. Those present were Chairman John Morgan , Peggy Sewell , Joanie Zeeb, D.F. Whitlow, John Smyder , Don White, Acting Director of Public Works , Candi White, Secretary, and James Johnson, Acting City Manager arriving late. Willie Benitez and Larry Nickell were absent . Chairman Morgan called the meeting to order . CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the August 4 , 1987 meeting . Ms . Sewell asked that the spelling of Tibbal be corrected in the minutes . A motion was made by Ms . Sewell to approve the minutes with the noted correction. Ms . Zeeb seconded the motion. The motion carried with all in favor . CONSIDER ELECTION OF VICE CHAIRMAN: Ms . Sewell made a motion that Willie Benitez be elected Vice Chairman by acclamation . Mr . Smyder seconded the motion . The motion carried with all in favor . DISCUSSION AND REVIEW OF PARK MASTER PLAN: Mr . Smyder asked if the master plan included maintenance or if it was proposed in addition to maintenance. Chairman Morgan and Mr . White stated that it is in addition to the maintenance. Mr . Whitlow asked how the master plan was put together. Chairman Morgan explained that the City Manager and the Park and Recreation Board discussed the things they felt would be needed by the time the City reached maximum population, which he believes to be 170 ,000 through year 2000 . At that point they put a priority on each item on a one to ten scale. Chairman Morgan also explained that any time there was a question on the master plan that he or Ms . Sewell would probably remember how it was put together . Mr . Whitlow asked when the master plan was put together . Chairman Morgan said they worked on it for approximately six or seven months and that it started in 1986 . Chairman Morgan pointed out a map of the master plan and explained that nearly everything in green on the map is either committed or should be committed soon, as parks property. Chairman Morgan also explained that the area around the cotton gin could be jogging trails and below it would be picnic area , but most of what is seen on the map could not be used as a sports complex of any type, because it is flood plane or an area underneath the big power lines . Chairman Morgan went on to explain that where the Sanden plant is going to be, he believes that the plan is to develop on that property a 30 acre park site, mainly for their employees to enjoy, but that it will be a joint effort of the Park and Recreation Board , the City, and Sanden' s management , and that there could possibly be an area for some sports there, but other than that there really is nothing at this time . Mr . White, Director of Public Works , explained that there would be another area , where Springcreek Parkway joins the area east of the new Municipal Complex , that Mr . Cook is going to propose to the Planning and Zoning Commission to donate portions of the flood plane to the parks , if the engineers can design it to drain the water, and that the area would be a beautiful soccer field . 1/ Mr . Whitlow asked if the number of 60 baseball diamonds is comparable to Garland who ' s population is about 175 ,000 . Chairman Morgan explained that it is close, but he has not been able to get an actual number from Garland . Mr . Whitlow felt like 60 baseball fields seemed like an awful lot. Mr . Smyder added that Garland has several baseball fields that are not being utilized and that the board might keep that in mind if they are going to use Garland as a guide . Chairman Morgan explained that anything in the master plan can be changed and that it is not etched in stone . Ms . Sewell added that it is much easier to change it down rather than to change it up . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR A WATER FOUNTAIN AT THE PARK PAVILION: Chairman Morgan explained that this is the covered pavilion at the park where the picnic tables are, and that the water has been stubbed out on that side of the road and is already in place. Chairman Morgan said to build a stainless steel fountain without the stone, it would cost approximately $150 .00 to $175 .00 . He also said there had been complaints about the fact that there is no water or restrooms by the pavilion , but that restrooms would be a little expensive to build . Chairman Morgan told the board that they could recommend to the Council that they put a fountain at the pavilion, and asked Mr . White, Director of Public Works , if he could have a price for the Council before that meeting . Mi. White said that he could get prices together and that it could be presented to the Council . A motion was made by Ms . Zeeb to recommend to the Council that a water fountain be put at the park pavilion . The motion was seconded by Ms . Sewell . The motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR PLACING SIGNS AT THE ENTRANCE TO THE BALL FIELDS PROHIBITING BICYCLES, SKATEBOARDS , VEHICLES: Chairman Morgan stated that we already have in the City Ordinance and at the park entrance, a sign prohibiting wheeled vehicles , but he has seen an 80 year old woman almost be knocked over by someone on a skateboard, and the bicycles coming in and out on the sidewalk could be dangerous as well . Mr . Smyder questioned the effectiveness of another sign, when we are having trouble enforcing the sign at the entrance. Chairman Morgan stated that the sign at the entrance doesn ' t specify skateboards and bicycles . Ms . Zeeb suggested that the board recommend that the police go to the park a couple of times so that word would get around in a hurry. Chairman Morgan felt that the police have bigger problem areas than the park, and that anyone associated with Wylie Sports Association or anyone who was using the facility, could ask parents to have the children remove the bicycles . Ms . Sewell asked how many signs would be needed . Chairman Morgan said two signs would be needed and that he felt one should be placed by the pavilion and one midway in the parking lot , where people walk the most . Mr . Whitlow asked if the signs were put up, where would the children put their bicycles . He also felt like a problem with bicycle theft might arise if there is not a good place to put bicycles . Chairman Morgan suggested that this item be tabled until the next meeting and add a bicycle rack to the recommendation. Ms . Sewell felt like a bicycle rack might give people an incentive to keep their bikes off the fields . Ms . Sewell also stated that the board could go ahead and make a recommendation to the Council to get the signs and then get cost estimates for the bicycle rack for the next meeting . A motion was made by Ms . Sewell to recommend placing signs at the park prohibiting bicycles , skateboards , and vehicles . Ms. Zeeb seconded the motion . The motion carried with all in favor . CONSIDER RECOMMENDATION TO PLANNING AND ZONING COMMISSION TO AMEND THE SUBDIVISION ORDINANCE TO REQUIRE BUILDERS AND DEVELOPERS TO LANDSCAPE: Ms . Zeeb handed out ordinances from various cities , including Piano, Richardson, Dallas , Boulder , Colorado, and a small town in North Carolina . Ms . Zeeb stated that she took these ordinances to Roy Faires , Code Enforcement Officer for the City, and he said that the City doesn' t have the personnel to administer this kind of ordinance. Ms . Zeeb stated that she then took the ordinances to Mayor Trimble, who told her to go ahead and present it, as we can' t decide what the City is going to be by the personnel that we have now. Chairman Morgan stated that the board could recommend that the Planning and Zoning Commission adopt this ordinance, but that he would like to have time to read and absorb the information. Mr . Whitlow stated that it looks as though the ordinance was well put together and that he would like to see much more natural terrain in Wylie than what he sees in Garland and Plano , and that it would be better to start now while Wylie is still small . Mr . Smyder asked if this ordinance specifies anywhere that this is for commercial property. Ms . Zeeb said that he could find that information on page two and that it does apply for commercial property. This item was tabled until next meetings agenda . CONSIDER RECOMMENDATION TO CITY COUNCIL TO BOMAG A ROAD FROM THE CORNER OF THE PARKING LOT AROUND THE BALL FIELDS TO THE BACK SIDE OF THE CONCESSION BUILDING: Chairman Morgan explained that the approximate cost was on page 6 in the packet . Mr . White, Director of Public Works , stated that the figure on page 6 is a wrong figure and should be $2800 .00 for asphalt instead of $28 ,000 .00 . Ms . Sewell asked Mr . White if it was $4786 . 00 to prepare the soil with the bomag and $2800 .00 to do the asphalt . Mr . White said that was correct . Chairman Morgan stated that the $4700 .00 could put to better use than for a road to the concession stand, as when it is dry a truck can still get in and out even as it is at this time. Ms . Sewell asked if a coke truck would still be able to get in and out to make deliveries and if they would still have to drive on the concrete sidewalk, as she was concerned about the possiblity of the concrete breaking . Chairman Morgan said that a coke truck could get in and out and would have to drive partially on the concrete, and that since Mr . White has been on staff , is now having the sprinkler heads staked , so that the truck doesn' t run over the heads . Mr . White explained that the concrete might would last for awhile, and that it would just depend on how the truck was driving on the concrete, and that if it was wet , there would be more tendancy that the concrete would give. Mr . Smyder expressed the fact that he didn' t understand why it was necessary for a coke truck to drive to the concession stand to make deliveries , when he has a cart that he can use to deliver the drinks , as they do at other places where they make deliveries . Chairman Morgan said that they could have the coke delivered on carts also . Ms . Sewell asked who else needs to drive on the fields besides the coke man. Chairman Morgan explained that a pickup has to be on the fields everyday to drag the baseball fields before every game, during the baseball season , and that every spring approximately 20 loads of clay are delivered and distributed among the fields , and a dump truck delivers the clay. The board agreed that the $4700 . 00 could be put to better use elsewhere and no motion was made . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR A DEPOSIT FROM USERS OF THE EQUIPMENT IN THE PARK ( i .e. VOLLEYBALL NET, /3 BASKETBALL NET) : Chairman Morgan explained that this item was on the agenda , as the City had bought a very expensive, metal volleyball net, and someone borrowed it and never returned it , and at this time the City doesn' t have a volleyball net. Mr . White, Director of Public Works , suggested that when someone comes to the public works department to reserve the pavilion, that if they want to use a volleyball net , that a deposit for the net also be required until the net was returned. He also felt that the deposit should at least be enough to purchase another net , should someone not return it . Chairman Morgan expressed his concern about the procedures of holding a deposit , and felt that it would be better to hold that check, and give the same check back, rather than depositing the check and then having the City write another check as a return on the deposit . Mr . White said he would speak to Mr. Johnson about this type procedure. Ms . Sewell felt that there should be a time limit on how long the net could be out at one time. Ms . Zeeb agreed with Ms . Sewell , as there might be someone else who would want to use the net when it was still checked out . Ms . Sewell made a motion to recommend that a deposit be charged for the use of the volleyball nets, equivalent to the cost of the net . The motion was seconded by Ms . Zeeb. The motion carried with a 3 to 2 vote. CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE PURCHASE OF TWO VOLLEYBALLS AND TWO VOLLEYBALL NETS: Mr . Whitlow asked if there was any other type of sign in sign out equipement in the City. Mr . White explained that there are, such as hydro meters , where a deposit is required for a builder to use the meter to attach to fire hydrants . Mr . Whitlow also felt like the ideal situation would be to have some kind of building located at the park where an employee could check equipment in and out . Ms . Sewell stated that hopefully we will have a Parks and Recreation Director budgeted in the future . Mr . Smyder pointed out that we need to remember that in the City, we haven' t ever had a facility at the parks , and therefore nobody would know the difference in having to go to the public works department to check out equipment . He also added that as the City grows , the plan could be modified. Ms . Zeeb said that she would like to see a permanent net put back up at some point , so that those people who have their own ball could bring it to the park, rather than having to check out a net . Chairman Morgan suggested that until the City can implement these other suggestions , that the board recommend to the Council that the City buy two cheaper volleyballs and nets , and budget a permanent net for next year . Mr . Smyder made a motion to recommend the purchase of two volleyballs and nets. The motion was seconded by Mr . Whitlow. The motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR A BASKETBALL COURT: Chairman Morgan stated that the best place for a basketball court is just north of the pavilion between the playground and pavilion, and that using the bomag machine to prepare the site and contract out the asphalt or concrete slab would cost aproximately $12 ,000 . 00 . Mr . White , Director of Public Works , stated that he met with Jay Davis , who builds basketball courts . and got a set of plans of a combination basketball and tennis courts , fenced and lighted , which would cost about $27,000 . 00 . He also stated by cutting that in half for just a basketball court , it would probably be closer to the $12 ,000 if the City does part of the work, and this is concrete . Mr . White stated that Mr. Davis would also coat the concrete with a sport sealer . Chairman Morgan stated that there is only $10 ,000 to work with for the 1987-88 year . Mr . White expained that a court could probably be built for $10 ,000 , but wasn' t real sure how well constructed it would be, or how long it would V last . Mr . White stated that he just couldn ' t recommend to build one that would only last for a few years . Chairman Morgan felt like a basketball court would be one of the most utilized facilities for adults , as well as children . Chairman Morgan stated that it would still cost $12,000 even for an asphalt court . Ms . Sewell said that if there was any possible way to use concrete that it would last much longer than asphalt . Ms . Zeeb agreed , and that also the concrete could be poured to where it would drain better . Chairman Morgan said that with this black dirt , the concrete is going to shift and there is no way to have a court that would drain perfectly. Chairman Morgan also stated that if the City is going to build a court , he would like to see the combination court built . A motion was made by Ms . Sewell to table this item. The motion was seconded by Mr . Smyder . The motion carried with all in favor . CITIZEN PARTICIPATION: None . GENERAL DISCUSSION: Mr . Whitlow again felt like the combination basketball and tennis courts was a unique design, but was concerned that there might be a problem of someone wanting to play basketball , when someone else wanted to play tennis , as with soccer and football using the same fields. Ms . Zeeb said the idea is appealing to her , as it can be used for more than one sport . Mr . Smyder stated that some citizens had approached him with the condition of the road leading into the park. Mr . White explained that the bomag machine had been used on the road with the intention of surfacing it with asphalt. However , it has been next to impossible to find an asphalt crew who isn' t already busy somewhere else. Ms . Sewell added that the road that was there is a prime example of something not being done right the first time, and trying to compromise, due to lack of proper funds . Mr . White stated that asphalt is a material that has to be worked and used alot in order to keep it alive and working and any water that stands on it will ruin it . Mr . Smyder also has been asked about the sprinkler system in the parks and questioned why those were not being used . Chairman Morgan said that Starnes Plumbing will inspect the two that don' t work and that he will get an estimate from them to get them fixed . Mr . Smyder said that the citizens were concerned about the large cracks in the ground . Mr . Whitlow inquired as to how we can turn the existing fields to good quality fields with a limited budget . Chairman Morgan explained that the City first bought a water cannon with a coil operated cable. He went on to say that you pull the cable out , attach it to a stationary object , hook it up to a fire hydrant and the cable will move it back. Mr . Whitlow mentioned also that the field that the band marches on has very thick grass , but 40 yards out it is not thick. Chairman Morgan explained that the fields were seeded and fertilized this past year, but were not watered . Mr . Smyder said that we need volunteers , due to the City hiring freeze. Chairman Morgan said the only problem with that , is the fact that volunteers are very willing to volunteer, but a lot of times they don' t show up to work. Mr . Whitlow said that the board could be a driving force to improve the fields , backing the Wylie Sports Association . Mr . Whitlow stated that he wasn' t sure how the Council approves or disapproves certain things , but feels a better use of the money would be to build quality fields out of what we already have. Chairman Morgan stated that it costs approximately $1 ,000 to seed and fertilize the fields , and that we need to fertilize more than just the outfields, including the fields behind the library. He also stated that in his opinion with the seeding , fertilizing and much more watering the fields would be in quality condition. Chairman Morgan asked Mr. White if money was budgeted for a person in the Parks Department for next year . Mr . White said he is hoping to hire four employees for the department , and is hoping to hire someone with knowledge of parks as a supervisor . Chairman Morgan asked Ms . Zeeb if she has considered putting some of the trees that were donated to the City out by the picnic tables at the park. Ms . Zeeb said yes , and that the plans were to plant the trees in the fall . Ms . Zeeb also said that some of the trees would go in the courtyard at the new municipal complex, and would also like to have any suggestions from other board members , as to where they would like to see some other trees planted . Mr . Whitlow asked about the possibility of co-op agreements between the schools and parks and recreation. Chairman Morgan said that as a board, they had never entered into any agreement with the schools . Ms . Sewell said that the members of the school board came to a park board meeting in the spring and seemed to be very enthusiastic. Ms . Sewell said that she did think there was some question of liability on the school ' s part and they wouldn' t let the City put up basketball goals on their property. Chairman Morgan said that he would be talking to Coach Shaffer and would ask him about an agreement again. Ms . Sewell suggested that we might invite some school officials to another meeting . Chairman Morgan asked Acting City Manager , James Johnson about retaining a check for a deposit on a volleyballs and net and then giving the check back once it had been returned . Mr . Johnson said if the check wasn' t kept for a long period of time, he wouldn ' t have a problem with it , as the policy for finance is to deposit checks on the same day. ADJOURN: There being no further business the meeting was adjourned . John Morgan, Chairman Respectfully submitted: Candi White, Secretary PROCLAMATION ARTHRITIS VICTORY WEEK WHEREAS, Arthritis severly afflicts almost 40 million, or one in seven Americans of all ages, including children, who suffer from the pain and crippling effects of the disease; and WHEREAS, In Collin County alone, 33 ,431 people have arthritis severely enough to require medical care; and WHEREAS, Arthritis costs nearly $14 billion annually, including lost income and payment for medical care; and WHEREAS, The Arthritis Foundation supports scientific research , provides public and professional education and sponsors patient and community services such as the Arthritis Aquatics Program, the Self Help Course, Patient Support Groups,and Information and Referral Service and Patient Education Programs; and WHEREAS, 80% of all funds raised go directly for programs; NOW, THEREFORE, I , Chuck Trimble, Mayor of the City of Wylie, do hereby declare September 13 - 17 to be ARTHRITIS VICTORY WEEK. I urge all citizens to support the Wylie Arthritis Victory March for the North Texas Chapter of the Athritis Foundation through their contributions and volunteer services in order to help in the conquest of our nation ' s No. 1 crippling disease. Given under my hand and seal this day of , 1987 . Charles Trimble, Mayor ATTEST : Carolyn Jones, City Secretary 1 Now OPEN FUN & GAMES Family Fun Center CORNER FM 1378 & FM 3412 WYLIE, TX 214-442-6561 Group Rates Available Miniture Golf - Video Arcade - BattingCages (OPENING SOON) N We would like for you to come join us at Fun&Games our new family fun center. We think it will s.r.alit wNimirF,�•' help fulfill a need in our area for clean, Wylie `° E wholesome entertainment. We welcome to �•� ,0 any individual, family or group that is F-M-544 �- Ready To Have Fun. C. s 1.4A44,44/' tarzt.. / V PROCLAMATION CONSTITUTION WEEK WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America and WHEREAS, It is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it , preserve it , and defend it against encroachment, and WHEREAS, The Bicentennial of the signing of the Constitution provides a historic opportunity for all Americans to learn about and recall achievements of our Founders, and to reflect on the rights and privileges of citizenship as well as its attendant responsibilities , and WHEREAS, The independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23 , as designated by proclamation of the President of the United States of America in accordance with Public Law 915 , NOW THEREFORE, I, Chuck Trimble, Mayor of the City of Wylie, by virture of the authority vested in me do hereby declare September 17 through 23 as Constitution Week , in the City of Wylie, and urge all our citizens to pay special attention during that week to our Federal Constitution and the advantage of American Citizenship. Given under my hand and seal this day of , 1987 . Charles Trimble, Mayor ATTEST : Carolyn Jones, City Secretary / itsr V"'1 CITY OF WYLIm 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 DATE: September 4 , 1987 TO: Mayor and Council FROM: James Johnson, Acting City Manager, RE: Resolution for Funds-Governor ' s Criminal Justice Division, Agenda Item #4 This item will cost the City approximately $2 ,500 .00 and is a joint effort by the Cities of Wylie and Sachse in regard to a law enforcement program. Staff requests that any discussion of this item be limited in an open meeting due to its nature and will be willing to brief the Council fully on the program in an Executive Session format if Council desires . m%J ; j RESOLUTION NO. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS IN REGULAR SESSION ON SEPTEMBER 8 , 1987 , THAT THE CITY MANAGER, acting on behalf of the City of Wylie, in conjunction with the City of Sachse, is hereby authorized to make application to receive Federal Grant funding for the Texas Narcotics Control Program under the Anti Drug Abuse Act of 1986 to be performed within the jurisdiction of the Cities of Wylie and Sachse. The City Manager is authorized to participate with the City of Sachse and the Governor ' s Criminal Justice Division to meet the requirements of a 25% cash match for confidential funds. THEREFORE, be it resolved by the City Council of the City of Wylie, a Home Rule Political Subdivision of the State of Texas, that the City Manager is hereby authorized to execute said agreement and act on behalf of the City of Wylie. Charles Trimble, Mayor ATTEST : Carolyn Jones , City Secretary „Alp Vie CITY OF WYLIE 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 DATE: September 4 , 1987 TO: Mayor and Council FROM: James Johnson, Acting City Manager/ i RE: Work Order and Inventory System Consent Agenda - Items #5 & #6 On June 24 , 1987 , the Texas Water Commission ordered the City of Wylie to prepare a preventative maintenance program for the lift stations operating in the wastewater collection system. This program was to include an inventory system to account for, maintain, and control an adequate supply of replacement parts, pumps and motors to ensure the continued operations of the lift stations with downtime held to a minimum due to mechanical or electrical failure. In order to develop the Lift Station Inventory and Maintenance Program, a work order and inventory system had to be established so that a basis was laid for the implementation of the Lift Station Program. The work order and inventory system, however, was needed and will aid the City in completing Public Works tasks while at the same time establishing inventory and warehouse precedures regarding City equipment and inventory retained/controlled at the warehouse. The costs of the Lift Station program that will bring the City into compliance (see Lift Station Inventory and Maintenance Report - Exhibit E, Items to be Ordered) is estimated to be between $4 ,600 .00 and $5,000 .00 . These two administrative reports have been reviewed by Don White, Acting Public Works Director, Ron Homeyer, Assistant City Engineer and Carl Riehn, Executive Director of the North Texas Municipal Water District . A few changes were made in the Lift Station Report after staff discussion/review causing the item to be delayed one meeting . September 14th is the deadline for submission of the Lift Station Inventory and Maintenance Program. Additionally in our case approval of setting up the Work Order and Inventory Program is a necessary part of meeting the Texas Water Commission' s requirements. We have completed and are attaching the program which, in our opinion, will bring the City into compliance with the Order. The Program and Exhibits address the sewer lift stations and inventory requirements as mandated by the Administrative Enforcement Order of June 24 , 1987 . Engineers Planners CQ.IHILL Economists - Scientists August 17 , 1987 TX21259 .CO .40 Mr. Carl W. • ehn Executiv= Director North • exas Municipal Water District P. • . Drawer C lie, TX 75098 Dear Mr. Riehn: Subject: Wylie Enforcement Order Summary In an effort to summarize the requirements and schedule of the TWC enforcement order for Wylie, we have prepared the attached table. This table is intended to be used as a workplan guide and can be updated periodically as the project progresses. If you want the table modified in any manner, please let me know. Sincerely, i / "70-;: d ) � Robert J. Morrison, P. E. Project Manager das FW22/088 closure cc : Mr. James Johnson/Wylie Acting City Manager CH2M HILL Dallas/Fort Worth Office 5339 Alpha Road,Suite 300, Dallas. Texas 75240 214.980.2170 Metro:263.9476 Table 1 TWC ENFORCEMENT ORDER SUMMARY TWC Requirement Compliance Date Entities Involved Status Submit Sludge Management Sept. 14, 1987 NTMWD Submitted July, 1987 Report to Executive CH2M HILL Director Install additional, Sept. 14, 1987 NTMWD temporary pump in WWTP influent pump station Submit report identifying Sept. 14, 1987 City all known sites not physically connected to City collection system Evaluate spare parts Sept. 14, 1987 City inventory and preventive maintenance program with specific emphasis on collection system lift ations Begin construction of WWTP March 1, 1988 NTMWD Design started July, 1987 upgrade and expansion CH2M HILL Complete construction of Sept. 1, 1989 NTMWD WWTP upgrade and expansion CH2M HILL Submit schedule for all Not stated NTMWD planning and/or construc- CH2M HILL tion activities necessary to achieve compliance with WWTP schedule Submit quarterly reports Sept. 30, 1987 and NTMWD indicating compliance with end of each quarter CH2M HILL Enforcement Order thereafter DFW22/090 a CITY OF WYLIE 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 TO : Mayor and Council l— > FROM: James Johnson, Acting City Manager f DATE: September 5, 1987 / RE: Construction Draw Down #11 - $184 ,737. 29 The staff has reviewed this draw and recommends approval . r* l APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 TO (OWNER): CITY OF WYLIE PROJECT:CITY OF WYLIE MUNICIPAL COMPLEX APPLICATION NO: 119 Distribution to: 114 N. BALLARD II OWNER WYLIE, TEXAS 75098 PERIOD TO: 08/01/87 0 ARCHITECT ❑ CONTRACTOR FROM(CONTRACTOR): SPEED FAB-CRETE CORP VIA (ARCHITECT): LEE STUART ASSOCIATES ARCHITECT'S 0 1150 E. MANSFIELD HWY, P.O. BOX 1580 PROJECT NO: 460903 0 FORT WORTH, TEXAS 76119 CONTRACT FOR: CITY MUNICIPAL COMPLEX CONTRACT DATE: 9/05/86 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 $ 1,734,838.00 Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ 21,790.00 previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 1,756,628.00 TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ 1,588,540.12 Approved this Month 5. RETAINAGE: Number Date Approved a.ln % of Completed Work $ 158,654.01 a 41 3/6/67 6,842.O0 b. % of Stored Material $ t2 5/20/87 ' 14,948.00 _____-__-- Total Retainage(Line 5a + 5b or TOTALS 21.7'iu.uu Total in Column 1 $ 158,854.01 Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 1,429,686,11 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) $ 1,244,948.82 paid by the Contractor for Work for which previous Certificates for Payment were 13 CURRENT PAYMENT DUE $ 184,737.29 issued and payments received from the Owner, and that current payment shown 9 BALANCE TO FINISH, PLUS RETAINAGE $ _ 941.89 herein is now due. ---- (Line 3 less Line 6) SPEED FAB CRETE CORPORATION, INT'L CONTRACTOR: State of: County of: / Subscribed and sworn to b re me is `_¢ day of ,¢2 ,19 8Y / Notary Public: ef.2pr- -• '-2, C.,- ---.t"C-'}-J By.-- -- Date;,9y // 7�7' My Commission expires: //0/2/ %.........k., AMOUNT CERTIFIED $ ______ _ ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation ' ount certifi d diffeks from the amount dpp/ed f .) ARCHITECT: In accordance with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to the Owner that to the / �� hest of the Architect's knowledge, information and belief the Work has progressed as y Date: indicated, the quality of the Work is in accordance with the Contract Documents, and is er ficate '. of negotiable. The A NT CERTIFIED ' payable only o the the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET AIA DOCUMENT 6702A PAGE OF PAGE APPLICATION AND CERTIFICATE FOR PAYMENT, containing CITY OF WYLIE 1 1 CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: • In tabulations below, amounts are stated to the nearest dollar. *11 Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: y:-.f.i.t WORK COMPLETED °C'°� 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 E SITE WORK 58,564.00 58,564.00 0.00 58,564.00 1007. 0.00 TEMP SERVICES 4,500.00 3,925.00 450.00 4,275.00 95% 225.00 ARCHITECT DRAWINGS 6,050.00 6,050.00 0.00 6,050.00 1007.. 0.00 SHOP DRAWINGS 15,500.00 15,500.00 0.00 15,500.00 100Y. 0.00 ENG. STAMP 1,000.00 1,000.00 0.00 1,000.00 100% 0.00 FOUNDATION WORK 107,545.00 107,545.00 0.00 107,545.00 100% 0.00 PIERS 25,245.00 25,245.00 0.00 25,245.O0 100% 0.00 CONCRETE 4DRr. 333,429.00 163,380.21 56,682.93 220,063.14 667. 113,365.86 STRIPING 1,200.00 0.00 0.00 0.00 OZ 1,200.00 PRECAST WORK 210,163.00 210,163.00 0.00 210,163.00 150% 00.00 WYLIE SIGN 14,000.00 0.00 7,000.00 7,000.00 507.. 7,0:0.00 N1 JOINT/WALL TREATMENT 8,575.00 9,575.00 0.00 9,575.00 100% 0.00 JOIST/GIRDER/DECK 82,198.00 82,198.O0 0.00 82,198.00 100% 0.00 BUILT UP ROOF 85,489.00 95,488.00 0.00 65,488.00 1007. 0.00 SPRINKLER SYSTEM 39,060.00 37,888.20 1,171.90 39,060.00 100. 0.00 GLASS/DOORS-WINDOWS 33,612.00 33,275.98 336.12 33,612.00 100% 0.00 DRIVE THROUGH WINDOW 4,918.O0 0.00 4,918.00 4,913.00 100% 0.00 INTERIOR/WOOD DOORS 36,804.00 18,402.00 18,402.00 36,804.00 1(07.. 0.00 DRYWALL & CEILING 143,244.00 128,919.65 11,459.52 140,379.12 981 2,864.89 FLOORING 35,660.00 11,767.80 13,194.20 24,962.00 701 10,698.00 FAINTING 11,798.00 9,358.44 0.00 9,358.44 78% 2,639.56 CARPENTRY 4,220.00 3,799.O0 211.00 4,009.00 95% 211.00 PLUMBING 78,792.00 55,942.32 14,970.48 70,912.90 907. 7,879.20 ELECTRICAL 99,334.00 84,433.90 12,913.42 97,347.32 987. 1,986.68 A-C/HEATING 90,000.00 67,500.00 21,600.00 99,100.00 99. 900.00 FLAG POLE 7,751.00 (.00 0.00 0.00 07. 7,751.00 JAIL EQUIPMENT 63,530.00 30,494.40 30,494.40 60,993.80 967. 2,541.20 TOLIET ACCESSORIES 11 591.00 0.005,795.50 , 5,795.50 JUI. J,74J.`J�t� 5,1i i , 55r' •^ 1,020.00 00 3,570.00 70% 1 530.00 CLEAN UP J 'JJ.I.J L.JJY.�IV 1 VL:.. ' SUPERINTENDENT30,000.00 500.00 i.0 0n 2J,J. � 3,C0( )� 28,500.00 95% 1,5•;,.00 SUB TOTAL OR TOTAL 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 a C Applications Application F G(D+E+F) o/ H(C—G) I PERFORMANCE BOND 19,327.00 19,327.00 0.00 19,327.00 1007. 0.00 INSURANCE 66,440.00 66,440.00 0.00 66,440.00 100X 0.00 C/O 41 6,842.00 6,842.00 0.00 6,842.00 1007. 0.00 C/O 42 14,948.00 13,303.72 1,644.28 14,948.00 100X 0.00 N3 f SUB TOTAL OR TOTAL 1,756,628.00 1,383,276.47 205,263.65 1,588,540.12 168,087.88 AUG 2 51987 SALLINGER, NICHOLS, JACKSON, ;,; _ KIRK & DILLARD (Formerly Saner, Jack, Sallinger & Nichols) ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE N.LOUIS NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave.suit.707 LAWRENCE W.JACKSON 500 N. Akard Dallas,Texas 75225 TIN KIRK Dallas, Texas 75201 1214)892-1218 ROG[RT L.DILLARD III (214) 954-3333 ROBERT D.NEM►MILL ROBERT E.MAGER .fMITN August 24, 1987 ROT L.ARMS TRONG DAVID M. ROUERT L.DILLARD.JR. JOHN f.ROENM III OF COUMfci. BRUCE A.fTOCKARD PAM GANDAL EUDARIC Ms. Carolyn Jones City Secretary City of Wylie P. O. Box 428 Wylie, Texas 75098 Dear Carolyn: Enclosed please find the original and copies of the ordinance which would authorize the $25.00 warrant fee set out in Article 45.06 of the Code of Criminal Procedure and the $10.00 special expense authorized by that section by virtue of the amendment contained in Senate Bill 243. Please let me know if you have any questions or require any changes or corrections in the form of this ordinance. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD Robert L. Dillard III RLD/sb Enclosures ORDINANCE NO. AN ORDINANCE OF CITY OF WYLIE, TEXAS, IMPOSING A SPECIAL EXPENSE OF TWENTY-FIVE DOLLARS ($25.00) FOR THE ISSUANCE AND SERVICE OF A WARRANT OF ARREST; AUTHORIZING COLLECTION OF A SPECIAL EXPENSE FOR SERVICES PERFORMED IN CASES IN WHICH DISMISSAL IS GRANTED FOR ATTENDANCE AT A DEFENSIVE DRIVING COURSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. In addition to fines imposed by the Judge of the Municipal Court, a special expense of Twenty-five Dollars ($25.00) shall be assessed against each defendant in a case where the issuance and service of a warrant of arrest is required for an offense under Section 38.11, Penal Code, or under Section 149, Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes), or for failure to appear in response to a written promise contained in a personal bond given under the provisions of Article 17.04, Code of Criminal Procedure, provided that due notice has been given to the defendant, prior to the issuance and service of such warrant of arrest, that such special expense will be imposed. SECTION 2. The Municipal Court shall also collect a special expense of Ten Dollars ($10.00) for services performed in cases in which the defendant is discharged by virtue of having attended, subsequent to the date of the alleged offense, a defensive driving course in compliance with the provisions of Subsection (a), Section 143(A), Article 6701d, Vernon's Texas Civil Statutes. SECTION 3. This ordinance shall take effect immediately from and after its passage and the publication of the caption hereof as the law in such cases provides. The special expense authorized by Section 2 of this ordinance shall apply only to offenses committed after September 1, 1987. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1987. APPROVED: MAYOR DULY RECORDED: CITY SECRETARY APPROVED AS TO FORM: &)\..(k)(44-' CITY ATTORNEY ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 84-12 AND REPEALING PREVIOUS ORDINANCES IN CONFLICT; PROVIDING FOR A LATE PAYMENT PENALTY AND SERVICE DISCONNECTION; PROVIDING FOR TAMPERING AND DESTRUCTION CLAUSE; PROVIDING FOR A PENALTY CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, a water and sewer rate study has been commissioned by and presented to the Wylie City Council , WHEREAS, on page 15 of the Binford Rate Study Report , a recommendation was made to apply a 10 percent penalty to all bills not paid by the 16th day from date of bill , WHEREAS, the City Council wishes to initiate this penalty clause as soon as possible while considering other recommendations in the rate study, WHEREAS, after careful study and due consideration of recommendations of the study, the City Council of Wylie, Texas, has determined that the public welfare would be best served by amending the present City utility rate structure to promote prompt payment and assist the utility system in being self-supporting . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION I . LATE PAYMENT PENALTY AND SERVICE DISCONNECTION. A. That such water and sewer rates hereby shall be mailed by the City of Wylie shall be due and payable by customers of the Waterworks and Sanitary Sewer System by the 16th day from the date of the bill . All utility bill payments are due by the 16th date of the bill except when the 16th falls on a Saturday, Sunday, or legal holiday under which condition they are due not later than 8 :00 A.M. local time on the next working day. Should the amount due on the 16th day not be paid in full , a ten percent (10%) penalty shall be added to the amount past due and unpaid. B. Utility customers with accounts unpaid as of the close of business on the 16th day (due date) will be notified by the issuance of a "termination notice" which will notify customers that account is past due and that City utility service is subject to termination. The customer is subject to service discontinuation on the llth day after the bill comes due (16th day or due date) . The City is not required to send additional notices other than the termination notice in order to be authorized to discontinue service. For purposes of termination of services, the termination day is calculated from the 16th day, or due date, irregardless on what day of the week if falls on. SECTION II . TAMPERING AND DESTRUCTION. No customer shall have the right to tamper or alter any component of the Waterworks or Sewer System including valves, meters, meter boxes and lids, hydrants, lines, pump stations, ground storage tanks, elevated storage tanks and lift stations . This shall include the direct or indirect efforts to restore water service without the approval or assistance of the City or any effort to circumvent the intent of the City to provide service without putting up a current deposit on the 2 account or to not provide service for non-payment of charges . SECTION III . PENALTY FOR VIOLATION OF THIS ORDINANCE. Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction, therefore, shall be fined any sum not to exceed two hundred dollars ($200 .00 ) and each and every day that such violation continues shall be construed as a separate offense; provided , however, that nothing contained herein shall preclude the municipality of bringing suit for injunction for the prevention of any threatened violation or the removal of any structure in violation of this ordinance. SECTION IV. EFFECTIVE DATE AND CONFLICTS. A. This ordinance and the rates and charges prescribed shall be in effect from the October 1 , 1987 billing. B. As of the effective date of this ordinance any and all ordinances and any orders in conflict are repealed to the extent of the conflict . C. If any paragraph, section, clause, phrase or provision of this ordinance shall be judged invalid or held unconstitutional , 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 or unconstitutional . DULY PASSED AND APPROVED by the Wylie City Council on this the 8th day of September, 1987 . APPROVED: Chuck Trimble, Mayor ATTESTED: Carolyn Jones, City Secretary APPROVED AS TO FORM: Robert L. Dillard, III , City Attorney 3 MEMORANDUM DATE: � .. � /f07 TO: James 'J hnson Interi m City Manager FROM: Ron Homeyer, Asst. City Engineer SUBJECT: Plat and/or Plans Approval The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda.. ❑ Preliminary Flat to Flanninq and Zoning o Preliminary Fiat to City Council OFi al Flat to Planning and Zoning inal Plat to City Council -i1 ❑ Construction Flans to City Council for construction approval only ❑ Final Flat to City Council for subdivision acceptance along with final inspection statement COMMENTS: RH/am cc: Public Works Director Code Enforcement Officer Subdivision File -•- Chronological File PLANNING AND ZONING COMMISSION MEETING - MINUTES 7 : 00 P. M. SEPTEMBER 3 , 1987 The City of Wylie Planning and Zoning Commission met in regular session on Thursday, September 3, 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 Vice Chairman Ben Scholz, Bob Skipwith, Bart Peddicord, Marty Stovall , Cecilia Wood, Code Enforcement Officer Roy Faires , Karen Blythe, Secretary, and Candi White, Secretary. Chairman Brian Chaney and Mr. R.P . Miller were absent . CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the August 6 , 1987 meeting . Mr . Peddicord explained that the typing errors in the minutes could sometimes possibly reflect something different than what was meant in the discussion. He went on to point out several typing errors . Ms . Wood corrected her statement in regard to the water supply at Beaver Creek, stating that the minutes reflected that she asked Mr . Cook if he was aware that some of the people in Beaver Creek were not satisfied with their water supply, when she actually was just asking Mr . Cook if he was aware if any of the people in Beaver Creek were unsatisfied with their water supply. Mr . Peddicord state that in one paragraph, Mr . Faires was referring to Mr . Cook' s subdivision , but the minutes sounded like Mr . Faires was referring to his own subdivision, rather than Mr . Cook' s . A motion was made by Mr . Skipwith to approve the minutes with the noted corrections . The motion was seconded by Mr . Stovall . This motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE REPLAT OF ~1.. ACRE OUT OF THE W. PENNEY SURVEY, ABSTRACT 696 (STEVE• explained that this is a very simple subdivision, where a grandfather has given one acre out of his 23 acres to his grandson on which to build a house . Mr . Faires also explained that there is water and sewer on the property, along with a septic tank which is used by a mobile home park on the property. Mr . Faires said the only question remaining to be answered is the perimeter street fee, which Mr . Anderhub has requested that the Planning & Zoning Commission recommend to the Council be adjusted to be applied to the entire tract . Mr . Faires also explained that under the subdivision regulations , the subdivision is required to pay perimeter street fees upon filing of the plat . Due to the unusual circumstances , Mr . Anderhub feels that the fee is extensive. Ms . Wood asked if Kinsington Manor , the subdivision across the street from this property, had to pay perimeter street fees . Mr . Faires replied that they did not , as the City had not passed the perimeter street ordinance when Kinsington Manor was developed. Mr . Faires explained that every subdivision has to pay street fees , even if it is located on a state highway. Mr . Anderhub stated that the reason he objects to paying the fees is because the property had just recently been forced annexed and that he had already made plans to build on this property prior to annexation. Mr . Anderhub explained that according to the dictionary, a subdivision is the dividing into small portions of land and usually for sale, and here we just have a parcel of land divided out . Mr . Anderhub also stated that there was no sale involved, but that his grandfather had deeded this land to him, and the reason the land changed names , was that he understood that this must be done before the land could be submitted for a replat . He also explained that the property would still be Ag use, and there would be no Planned Development . Mr . Anderhub also stated that Parker Rd . at one time was only a whiterock road and when it was widened , straightened out , and resurfaced , that about 3 1/2 acres of this property was utilized to do so . He feels that the road has been a benefit to the area and the people of Wylie, and feels that the perimeter street fees should be waived , since land has already been donated for the existing road . Ms . Wood asked when the property was deeded to Mr . Anderhub. Mr . Anderhub said it was done just recently, after the annexation, but that he was already planning to build , when the land was annexed, and decided to hold off to see how the annexation was going to go . Ms . Wood also asked if Mr . Anderhub knew the right-of-way width that was given from the property. Mr. Faires, Code Enforcement Officer explained that according to the submitted plat , there is a 100 foot right-of-way. Mr . Faires also wanted to clarify that State Law defines a subdivision as any piece of property which is divided into two or more pieces , whether it is for sale or development . Mr . Stovall asked how long Mr . Anderhub' s grandfather has owned the property and again if 3 1/2 acres was cut off for the existing road, and if so, was his grandfather paid for the property. Mr . Anderhub stated that his grandfather has owned the property for about 30 or 40 years and that 3 1/2 acres was used for the road , and that his grandfather was not paid for the 3 1/2 acres , and that he did not ask for any payment . Mr . Peddicord asked that since the fee has been set in the subdivision ordinance, if the Planning and Zoning Commission recommended that the fee be waived, wouldn' t the Commission be setting a precedent for cases like this in the future. Mr . Faires , Code Enforcement Officer , explained that this is a very unique situation and that the Planning and Zoning Commission would not be making the decision, but only a recommendation to the Council , who has the option of waiving the fee . Mr . Faires also stated that because this situation is so unique, it is very unlikely that it would occur again in the future . Mr . Peddicord asked how the fee was figured . Mr . Faires explained that according to the ordinance, it was figured that one lane is 11 foot wide, x 220 x the length of the lot . All the Board members agreed that since Mr . Anderhub' s family had donated part of the property for a road , had given an easement for water and sewer years ago , and had been forced annexed, that in order to do what is fair and just , the recommendation should be made to waive the fee. Mr . Stovall made a motion to approve the final plat and to recommend that the Council waive the perimeter street fee . Mr . Skipwith seconded the motion. The motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR THE PRELIMINARY PLAT OF 22 .0186 ACRES OUT OF THE D. W. WILLIAMS SURVEY, ABSTRACT NO. 1021 COMMONLY KNOWN AS BIRMINGHAM FARM TRACT 16 : Mr . Faires , Code Enforcement Officer , explained that this piece of property is zoned Duplex (2F) by a previous board and council , and that this submittal does comply with zoning regulations and that Staff could only recommend that it be approved . Mr . Faires also stated , however, that he would like to make it a matter of official record that the developer has been informed that we, on staff , have found 36 Vgie CITY OF WYLIE 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 TO: Mayor and Council FROM: James Johnson, Acting City Manager DATE: September 5 , 1987 RE: Railroad Crossing -- Westgate Way (Proposed Westgate Shopping Center) Attached are the proposed agreements between the Atchison, Topeka and Santa Fe Railway and the City for the proposed crossing. City policy has been that the property owners shall pay for the costs of the crossing . In this case, on the south side of the crossing, the State of Texas is the owner while on the north side of the proposed crossing , Mr . John Pennington is the owner . The State of Texas, of course, will not share in the costs. Therefore, Mr . Pennington has requested that the City contribute 25% of the estimated costs of the crossing (see Schedule B) or about $30 ,000 .00 . The staff believes that Mr . Pennington would benefit almost entirely from the project while the City would benefit from the development of the property. We, therefore, CANNOT recommend participation. Also, the City assumes all the maintenance and liability costs once the crossing is installed . .;\(... C•�• 5750 Trowbridge Ven � P.O. Box 13080 Et Paso, Texas 79913 (915) 772-9920 John P. Pennington • Building & Investments 1 - - 2 August 31 , 1987 Mr. James Johnson City of Wylie 114 N. Ballard P.O. Box 428 Wylie, Texas 75098 Ref: Westgate Project Wylie, Texas Dear Mr. Johnson: I certainly want to thank you for taking the time to meet with us this past Thursday. I know you have a busy schedule. Mr. Roland Foerster of Foerster Engineering will be there to represent me at your meeting September 8th. You advised that the Railroad Crossing would be on the agenda at that time. We want to get started with the crossing and the roads at a very early date. Will sure appreciate participation from the City on this project. This crossing should really enhance the growth of Wylie. Yo very/truly„ // Jo P Pennington cc: Roland Foerster re The Atchison, Topeka and Santa Fe Railway Company 11 P 920 S.E. Quincy St. P.O. Box 1738 Topeka, Kansas 66628 July 28, 1987 BR-5770 Mr. I. W. Santry, Jr. City Engineer City of Wylie P. 0. Box 428 Wylie, Texas 75098 Dear Mr. Santry: Reference is made to previous correspondence pertaining to the Construction of Westgate Way at our MP 74 + 3070 ft., Paris Subdivision, Northern Division. Enclosed, in duplicate, are the agreements for the proposed crossing. Upon execution on behalf of the City, please return the railroad original to this office for further handling. Included as Exhibit "B" of the agreement is estimate for the installation of the crossing surface and active warning devices. If you have any questions, please feel free to contact Mr. Stanfill of my staff at (913) 357-2484. Yours truly, C. L. Holman Asst. Gen. Mgr. - Engineering 9943d/2484/1 A Santa Fe Southern Pacific Company N S:+�"s#E 1 INO.may .¢r M-« aa.' r._. jn.y.„ y�w� _ ' '�•''S�.Y'-7sBw ♦ � [• ice+ •1. "8'.-'•>. 'a�yl `p'f^^�y.,'�q,�w.. +.. '�1.s' .•y.r-r-r" SANT.FF O?JGINAL BR-5770 CONTRACT SECRETARY'S N MBER o00 THE ATCHISON, TOPEKA NC SANTA FE RAILWAY COMPANY CITY OF WYLIE, TEXAS 000 AGREEMENT: Covering land at Wylie, Collin County, Texas, for right of way purposes for a public road designated as Westgate Way, at Railway Paris Subdivision, Northern Division, MP 74+3074 feet. DATED: //CJ At* vok AGtEEMENT Made as of the day of p 7—between THE ATCHISON, TOPEKA 19 ANTTAITA FE RAILWAY COMPANY, a Delaware corporation (herein— after called,"Santa Fe"), as First Party, and the CITY OF WYLIE, TEXAS, a municipal corporation of Collin County, Texas, acting herein by and through its City Manager, hereunto duly authorized (hereinafter called "City"), as Second PartWITNE'SSETH: RECITALS: City desires to use a certain portion of Santa Fe's property at Wylie,` tbilin' t nty, Texas, upon which to construct, maintain and use~a public road, designated as Westgate Way which is agreeable to Santa Fe upon the terms and conditions hereinafter stated. AGREEMENT ARTICLE I 1. Santa Fe, for and in consideration of the sum of One and No/100 Dollars ($1.00), the receipt whereof is hereby acknowledged, and of the full and faithful performance by City of its covenants hereinafter set forth, hereby licenses City to use a portion of Santa Fe's property situated at Wylie, Collin County, Texas, for the purpose of constructing, maintaining and using a public road, license to use which is hereby given, being shown shaded on print Chief Engineer drawing No. 1-07307, dated May 29, 1987, hereto attached, marked Exhibit "A", and made a part hereof. 2. Santa Fe agrees that it will, at City's expense, make adjustment to railroad signal and communication overhead lines at the crossing location. 3. Santa Fe agrees that it will, at City's expense, install active warning devices at the public road grade crossing of Santa Fe's track. 16 - .,.,.. .+i.+i..,.. .. ,,.... _�w.r•s•�*:' -....,..,,.,.,,,, r • l )as .'.�t} - Manta Fe agrees that it will, at City's expense, install crosstrg au 'ace on its Track, provided that in the event of discontinuance of use by Santa Fe, all obligations assumed by it hereunder shall cease and a be at an`en , 5. Santa Fe agrees that it will, at its own expense, maintain the crossing surface within the limits of the ties, and the grade crossing i.; :.,': vehicle traffic control devices; :however, Santa Fe shall be entitled to k . A r�ece ,,t ibution toward I a •f such maintenance as ma be w or. hemacterAtacie available .by roprApfory law, ordinance, regulation, order, grant or by other means or sources. ARTICLE II In consideration of the aforesaid license, City covenants and agrees to and with Santa Fe as follows: 1. That it will use the licensed premises exclusively as a site for a public road. 2. That it will not let or sublet the whole or any part of the licensed premises for any purpose whatsoever or assign this license without the written consent of Santa Fe in each instance. 3. That in case of eviction of City by anyone owning or claiming title to the whole or any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any nature whatsoever. 4. That if the licensed premises, or any part thereof, cease to be used at any time for the purpose licensed, City will deliver up to Santa Fe the possession of the whole, or such part so ceased to be used. 5. That it will, at no expense to Santa Fe, and subject to the supervision and control of Santa Fe's AGM-Engineering, locate, construct and maintain the public road in such a manner and of such material that it - 2 - w` .11 rpt f any time be a source of danger to or interference with the present or future tracks, roadbed and property of Santa Fe, or the safe operation of its railroad. City shall construct the public road, and any drainage facilities required because thereof, in such a manner as not to pi nit damage to Santa Fe's property`or adjoining property. In the event i i. of a breach of this covenant at any time, City will, within ten (10) days receipt of a written notice from Santa Fe thereof, do whatever may be 1,= ,�4 • .f ill its .f failing sotto .4wr 'aid_time, Santa Fe may do so at kCity's expense, bill for which - .p City will promptly pay. 6. That it will do no work on Santa Fe's property without first E contacting Santa Fe's Superintendent at Fort Worth, Texas, and securing his approval to proceed with the work. 7. That no legal right of Santa Fe to maintain, use and relocate the railroad track or tracks or other railroad facilities now located upon the licensed premises, or to construct and thereafter maintain, use and relocate any additional track or tracks or other railroad facilities as it may desire upon or across said licensed premises shall be in anywise affected by the giving of this license. 8. That if, at any time during the term hereof, Santa Fe shall desire to make any use of the licensed property with which the public road and drainage facilities will in any way interfere, including the relocation of existing or the construction of new tracks, pole lines, wires, conduits, etc., in which it shall have an interest, City shall at no expense to Santa Fe, make such changes in the public road and drainage facilities as in the judgment of the Santa Fe may be necessary to avoid interference with the proposed use of its property. - 3 - 73 Ir Mr 7*Vmelliabrio.+ 0• t` • t it will bear and pay the entire cost of constructing and ,.. :. Spbwj Eitiry !y T- includingy draitiaage facilities required maintaining the the public road, any f - because thereof, upon the licensed premises except that portion to be maintained by,Santa Fe as covered under Section 5 of Article I. That it ;;_ * , *:, Fes, , wili `al8 r and pay the cost of the workTas Covered under Sections 2, 3, and 4 of title I. 10. Ihat if it shall become necessary in the future - '• Jac ..? '/or maintenance ofs ,1�,,,�n�a- �',-.c�x'.`e.�'i5e. `. ._ .:.?<.. . ...__lt'y:`<;�'gso;� �, `SA . 'r+«h•- :,•�'] �� ��+ a Age face . ; any changes or •alterations in Santa Fe's right of way fences, signal, power and/or communication pole and wire lines, and/or other facilities located upon the licensed premises, such changes or alterations, if agreeable to Santa Fe, will be made by Santa Fe at City's expense, bill for the cost of which City will promptly pay. 11. To make any and all arrangements that may be necessary to secure the location or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than Santa Fe which it may be found necessary to locate or relocate in any manner whatsoever due to the construction of said public road. 12. To appoint and keep competent inspectors, engineers or other authorized parties on the work to be done by City during the progress of such work, and to give Santa Fe reasonable advance notice of the performance by City, or any contractor employed by City to construct said public road, of any work upon, along, over or across the right of way and tracks of Santa Fe which might render unsafe the operation of trains on the tracks of Santa Fe. - 4 - 7 7 13• That the contract or contracts t0 to let ,/ City for the construction of the work to beundertaken by it hereunder shall provide: A. Standard Manufacturer's and Contractor's ; : LiabilityInsurance. the Contractor,'shall furnish e yfnttta Fee that, with respe9 to the . 4 pie, Pera.�toe ca�� • f , rf.5F �tbn c' Liability Insurance prov�"? t ,` i t Of ess than One Million Dollars $1 00p," III, II) f . .r 1 ..:.ges ariaing'but°of .. . ur ' "' f. f ,• rsdns ►ri . :" . ....1,` " . f *• 'it t'bl`not less_ `Five] . . ,: . I - E :,� �, 1 VitO tt lit er:AXIC ^i i aggregate)'limit of One Million Dollars ($1,000,000.00) for all damages arising out of injury to/or destruction of property during the policy period. If any part of the work is sublet, similar insurance shall be provided by or in behalf of the subcontractors to cover their operations. B. Contractor's Protective Liability Insurance. The Contractor shall furnish evidence to Santa Fe that, with respect to the operations performed for him by subcontractors, he'carries, in his own behalf, regular Contractor's Protective Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to/or death of one or more persons in any one occurrence, and Protective Property Damage Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of injury to/or destruction of property in any one occurrence and subject to that limit per occurrence, a total (or aggregate) limit of One Million Dollars ($1,000,000.00) for all damages arising out of injury to/or destruction of property during the policy period. - 5 - • ► :+fir 143 ,C. Railroad's Protective Ltabil ty' and Propert Damage and Fi,y sical Damage to Property Zsurance. addition to the above, the Contractor shall furnish an original policy to Santa Fe, with *'respect to the oprations he or any of his subcontractors perform, pro . -s the Standard Railroad Protective Liability PO. ` with coverage as outlined iitt'� e ral Casualty his 1Io. 258, dated July 9,195erlio' 34t,` dated Fe. -ry -19, 1965; and `No. 365, dated 'August 4, 1967, is , ' :t by the State .Board of Insurance of Texas, Pr$ ging ; or Bodil 4 fury, Death arid, rty. Damage ed `'to -'a ccnl ned :amount of Two.,,M lliion Dollars ($2,000,0001 :per occurrence, and subject to a' 'total (or g•+ • }' < . _ � to limit six >i�' � � ,s � e g if ..• .�,� �?� � �z�� �llion do .;; -ral." The- insurance, -as "specified in Paragraphssaand B above, shall be carried until all work required to be performed under the terms of the contract is satisfactorily completed as evidence by the formal acceptance by Santa Fe. The insurance, as specified in Paragraph C above, shall be carried until all work to be performed on the Company's right-of-way has been completed. 14. That if it is determined necessary by Santa Fe during the construction or maintenance of said public road to provide flagmen and inspectors to insure the safety of railroad operations, the cost of providing such flagmen and inspectors will be borne by City. 15. That it will release and vacate the licensed premises occupied by the public road, remove the public road from the licensed premises and otherwise fully restore the premises to the condition in which they existed prior to the beginning of the work herein covered, immediately after the need for such public road ceased to exist. - 6 „'f'"Cri• rtv-w- .11P4rInvT, 16. City shall and will, and does hereby agree, insofar as permitted by law, to assume and discharge, and indemnify and save harmless, the Santa Fe and the successors and assigns thereof, from and against any and all liability, loss, damage, cost, expense, claims, judgments, or attorneys' fees for or on account of personal injuries to or death of persons or damage to or loss or destruction of property, directly or indirectlycaused by, due tooasing out of, or in connectionwith, the a�•Y+t s :j'°i.qT� - f 44. 'i 3''�::A�4 44(49 maintenance operation, use, removal or existence of that portion of the public road herein described, except in any instances of such events which arise out of the sole negligence of Santa Fe. 17. City agrees traffic control systems at the crossing or crossing illumination will be installed at no cost to the Santa Fe. 18. City will furnish, install, and thereafter maintain pavement markings, advance warning signs, and traffic control signs in accordance with applicable portions of the Texas Department of Highways and Public Transportation Manual on Uniform Traffic Control Devices and will provide traffic control during construction or maintenance operations to accommodate work by Santa Fe. 19. City will maintain the top of the pavement of Westgate Way to conform with the top of the rail elevation of Santa Fe's track for a distance of ten (10) feet on either side of the centerline of Santa Fe's track. - 7 - y7 riVAMIS, WAWA Awy 3asiti, - 4 try.' ' t '. 2i:6 City will maintain a uniforms pavement transition for the Westgate Way between ten (10) feet from centerline of Santa Fe's track to the intersection with State Highway 78 in such a manner as to preclude vehicles'from damaging Santa Fe's track or the grade crossing surface. 21. That this license is made subject to all valid, existing and future contracts, agreements, licenses and easements which may affect said licensed;property, covering roads, public and private; pole lines and ILL a u lines, the cilities water or o .. :- 2 2. That all of the covenants hereof.shall .inure to the benefit of the successors and assigns of Santa Fe, to the same extent as to Santa Fe. 23. City does not warrant nor represent hereunder that it will levy any special tax nor assessments to pay any claims or judgments referred to in Paragraph 16 of this Article II hereinabove, which may arise as a direct result of the maintenance operation, use, removal of the public road herein described. ARTICLE III 1. Santa Fe, upon receipt of an advance deposit in an amount equal to the estimated cost set forth in Exhibit "B" will schedule and perform the work as set forth herein. 2. City agrees to promptly pay Santa Fe upon completion of all work by Santa Fe and the receipt of an itemized statement from Santa Fe for the total cost to Santa Fe for the work performed by Santa Fe in accordance with Exhibit "B" less prior payment. If the total cost is less than prior payment, Santa Fe will refund the excess to City. - 8 - ' ,.. y "g' ►'s_ r r....-...•r. .. - ""277:"r - .77 v'k IN 1ESTIMONY WHEREOF, the parties have executed this agreement, in duplicate ` of the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By: Its: CITY OF ., aC�a A .1G: By: ATTEST: Assistant Secretary for Railway Company ATTEST: Secretary for City 1 1274E/1991E/5 - 9 - roxypiceopirimir773--• 0, 77 t T :.,.. ..THE ATU ISUti► I .0 _ !s aiss ss!-,.,�.7. -",.-_.,...„,.. ...w. . .,.. .,a.�-. FORCE ACCOUNTuP ESTMfAT�R c -" ��iµ _ , THE CITY OF Anil • 3 • PROPOSED INSTALLATION OF A 64 FT FULL DEPTH CROSSING SURFACE AND GATES/ FLS AT NESTGATE NAY, MP 74.3070, NYLIEs TEXAS, PARIS SUBDIVISION, NORTHERN'- DIVISION. , SUSPENSE AUTHORITY: 3789-87 ti ~--~ • QUANTITY UNIT SUBTOTALS TOTAL COST LABOR v ti . ENGINEERING 'o PUBLIC 'I!P 437 . ' 'ENGINEERING/PUBLIC.IMP. 464 L.ENGINEERING/SIGNAL ''' 3,093 PLACE GATES/FLS. 129537 , �.. .' ` x PLACE MEL IAIWALi?' .el 's`,• , 4, p3< k.-, # _;_; . 2 1,70 .- -.4 "'+)w. 1'*RE1P44cRo S ATT t• .4....:, -, o 543272 SURFACE TRACK' • ,<,,, ,: tr, -,°- ► UNLOAD BALLAST 272 PAYROLL ASSOCIATED COSTS 9,733 SUBSISTENCE ALLOWANCE 7,912 INSURANCE 2,755 TOTAL LABOR 40,805 MATERIAL t AXC FOR 1 AUXILIARY CONTROL 2.000 EA 3,809 BALLAST, PEDERNAL 60.000 CY 458 BATTERY, STORAGE - FOR GATES 1.000 EA 2,554 BATTERY, STORAGE - FOR MOTION EQUIP 1.000 EA 970 BELL 2.000 EA 398 BOUTET WELDS 4.000 EA 222 CABLE 550.000 LF 655 ' CONDUIT, 4 IN PVC 120.000 LF 114 CONTROL TRANSFER UNIT 1.000 EA 828 CROSS TIES, NO 1 - 9 FT 72.000 EA 1,159 FILTER FABRIC 156.000 SY 390 FLASHING LIGHT SIGNAL, 2-WAY 2.000 EA 3,212 FUEL AND SUPPLIES 0.000 LS 150 FULL DEPTH SEC XING 64FT, 112-119 LB 1.000 EA 2,921 GATE W/FLASHER, 27-32FT 2.000 EA 10,481 HXP SYSTEM A 2.000 EA 13,686 LENS, 70 DEGREE 4.000 EA 40 LOCAL GATE WIRING 1.000 EA 1,622 METER SERVICE, AERIAL CONNECTION 1.000 EA 195 RELAY HOUSE, 4X6 FT 1.000 EA 3,630 • SHUNT, NARROW BAND 2.000 EA 416 SIGN, 24-A WHISTLE POST 2.000 EA 33 SPARE PARTS, AXC MODULES 1.000 EA 945 SPARE PARTS, HXP SYSTEM A 1.000 EA 4,639 TRACK CONNECTION KIT ' 1.000 EA 187 HANDLING 3,148 TRANSPORTATION 1,074 TOTAL MATERIAL 5'7,936 OTHER EQUIPMENT - OUTSIDE 750 METER SERVICE COSTS 500 STABILIZATION BY C.T.B. 3,105 WORK TRAIN 1,200 EQUIPMENT RENTAL 5,305 TOTAL OTHER 10,860 BILLING AND ACCOUNTING 1,096 CONTINGENCIES 11,070 TOTAL ESTIMATED COST $121,767 THE A.T.AND S.F. RY CO. i ..C . CHIEF ENGINEER SYSTEM-CHICAGO .1Ex H i 8 rr C. DATE: JULY 3, 1987 FILE: 76-008-00908-1 s.71';10177,4CATemr"WWw,ANIFIMAMMIIIII2IrTirr"lirreffr--fr"7-Mctrril'---r--- -r-l.c.-e.--fli-e U EX IBIT, N. A, . 44* 14‘4 ,=., • 's .4.4,,t . A ...1.... ATTACHED 'TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND ciry 0, 14014,1( . ' I ' . CHICAGO,v44.44 ILL INOIS ' ite.Q.W12713 - SCALE: 1 IN. TO/00 FT. I CHIEF ENGINEER I /VOA'TN,CAM/ity,t '- Div. J DESCRIPTION APPROVED AVAP/S-'4-4-4014tv" 't'.i.SUI31)1.V. . ,, ;,,ti 4.4-4U,,,'At ,";•••=1,-'r44101 r4 i ot.A07-, ,,, -i:* ':,'*: ' - , s DATE: /why291581 •A. 4 014#4.01,4 A.,v4ex,e, _ , , . - - , liv-v...fq,-.4 - - ‘ - •,-., - ° . ., . al --,...i „, A,, ^ 1 c'tAt , - *At.1...• T •-$t .• ,-.:4 400,- - ,i, .g.,^ 14`,A,,,Aft4 "WC" 4#00,50!,,.' . k iv MR 74# .7074 ti A.-S. .393771.90 .411 • -""0--7 Zdieilifr 4/C X o' 49' , R/W.ime<c•—• 41,411 III• rms..sr• is..• =1.. 14) N. 394 0 ..... f 4/1,47//V Zil'Areil 4 • › ., . la 40 ell•1111/0 78 1#11t1 4i.•, .4 7--5->77ir co.A.7-.4*,v m e 4 /3,4-4.0£q Al 0 RA' 4 0 A?Le-f S ir-0A0 CA'Arectk" A•—/ever 'Ali 7 I* SWovi/dV NAREON SA447.417462, ft NegA' WY2,/k; e 04.X•M COUNT)' 77E7tifs C.E. DRAWING NO. 1 -07307 DIV. DWG. NO. DIV. FILE NO. G. M. FILE NO. ..6r/f" ..6-770 CE771 A •• •• .• : .• : .• •• . . •• •• �• • • :` CALL Rm r "wJ , 11 - T.M. r`, t = EMERGENCY ik r AUG 2 61987 August 24, 1987 J IFIRE • POLICE • MEDICAL Mr. James Johnson City Manager City of Wylie 108 South Jackson Wylie, TX 75098 Dear Mr. Johnson: Enclosed is the Agreement and Application for Emergency Number Service (9-1-1. ) The average cost per access line for the citizens of your city will be .93 cents. The cost then drops to .40 cents after the initial five year period of the contract. Please let me know when this item will appear on your council agenda. If you have any questions regarding this contract, please contact me at 214-659-7692. Sincerely, James H. Cowman E9-1-1 Senior Sales Rep. "Saves time - saves lives" ail INTERNATIONAL PLACE • LAS COLINAS•290 EAST CARPENTER FREEWAY• PO. BOX 152013•IRVING, TEXAS 75015-2013•214/659-7927 CITY OF WYLIE ENHANCED 9-1-1 SYSTEM FIVE YEAR CONTRACT NON- - RECURRING LEVEL A LEVEL B 1 . CENTRAL OFFICE MODIFICATIONS 1 office x $1 ,700, $1 ,700 $1 7 2. CLASS SCREENING TO RESTRICT NON-WYLIE CALLS 1 OFFICE x $2,000 $2,000 6,000 x 57/1(00 * $_=42 _ . DATA BASE DEVELOPMENT 60001 NALs x $2,500 1 ,t)f 0 $15,000 4000 NALs x $75/1 ,000 4. GTE Circuits 3 9-1-1 trunks, Interofc. mileage, 2 ringdown ckts. , opr. O/D lines = $1 ,526 5. PSAP Equipment ANI system $954 $208 ALI system $733 $424 6. NON-RECURRING PAYOUT $554 ESTIMATED GRAND TOTAL $20,226 $2, 141 $1 ,520 NON-RECURRING CHARGES $20,226 MONTHLY RECURRING CHARGES (LEVEL A + LEVEL B) $3,761 COST AFTER CONTRACT $1 ,620 * NALs (network access lines) adjusted annually to reflect actual number of lines. 17-Aug-87 Page 1 CITY COUNCIL MEETING MINUTES 7 : 00 P. M. JULY 28, 1987 9// z-, 9-¢-/I9 The Wylie City Council met in regular session on Tuesday, July 28 , 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 Kent Crane, John Akin, Chris DiTota, Calvin Westerhof, and Marvin Blakey, Acting City Manager James Johnson , City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires , Acting Public Works Director Don White, and Engineering Department Ron Homeyer . Mayor Trimble called the meeting to order and Councilman Westerhof gave the invocation . APPROVAL OF MINUTES: The minutes of the July 14th , July 16th and July 23rd meetings were submitted for approval . Motion was made by Councilman Westerhof to approve as submitted . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 . APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENTS: This appointment will be to replace Cecelia Woods who was moved to the Planning and Zoning Commission. This term will expire July, 1988 . Motion was made by Mayor Pro Tem Donovan to appoint Jim Griffin to the Zoning Board of Adjustments . Seconded by Councilman DiTota . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - against , Councilman DiTota - in favor, Councilman Crane - against , and Councilman Blakey - in favor , This motion carried with five (5) in favor, and two (2) against . REDESIGNATION OF INDIVIDUAL FROM SALLINGER, NICHOLS, JACKSON, KIRK AND DILLARD LAW FIRM TO SERVE AS CITY ATTORNEY: Since Mr . Jackson has other commitments on Tuesday nights , it was requested by the Council to redesignate the city attorney duties to Mr. Robert Dillard of the same firm as Mr . Larry Jackson . Motion was made by Councilman Akin to appoint Mr . Robert Dillard as City Attorney, of the firm of Sallinger , Nichols, Jackson , Kirk and Dillard . Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin -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 AMENDMENT TO ORDINANCE NO. 87-2 SIGN ORDINANCE: Councilman Crane wanted to know if under Section 6 (b) , where it refers to cloth if Council would be limiting businesses from having the new type of canvass awnings . Mr . Faires , Code Enforcement Officer , said no , because an awning would not be advertising . Councilman Crane asked about the July Jubilee Banner that hangs across Ballard Street . Mr . Faires said it would be prohibited. Mayor Pro Tem Donovan wanted to know if they would have to have a special permit to hang this banner . Mr . Faires said during these special days , staff would overlook this . Councilman Crane wanted to know if there would be a time limit or call it temporary for banners or flags during grand openings . Councilman DiTota 4 are coming into this area. There are some really nice SF 3 subdivision that are not limited and Wylie needs more of this . Councilman DiTota said he asked this item to be tabled until he could see what Wylie has for SF 1 and SF 3 and see the balance. Mr. Kinard stated that Wylie had 276 homes built during last year , 75% of these homes are in SF3 . Fact is a very small percentage is built out in SF2 and SF1 . I believe you need to look at the market and see what is selling on market in Wylie. Mr. Kinard also said we need to look very carefully about zoning , but lets not discriminate against SF3 houses. This type of development in Birmingham Farms could stand more SF3 , but we want to move on with this plat . Councilman DiTota asked Mr. Kinard why they went with 11 different zonings . Mr . Kinard said that is the balance you are talking about. The Council wanted this zoning for balance . We worked with the Council and J. T. Dunkin on this zoning and what would be best for this area. Mr . Kinard also stated that there is over 100 acres of SF 1 and SF 2 and he has come forth with the SF 3 plat, done in accordance with City Ordinances and have spent lots of money and the Council does not want this zoning . I or any other developer that comes out here, has to have some faith that when you zone property, it will be zoned when the plat comes through. Mayor Trimble asked Mr . Kinard if he had this faith. Mr . Kinard said if this plat is approved then I will have faith . Mayor Trimble said we are not questioning your zoning just because it is you, we need to look at what is there . Mr . Kinard said if you start back zoning , then no one knows what is going on, we want good quality development . Councilman Akin said that what Mr . Kinard said is true, and he appreciates what Mr . Kinard and his people are trying to do. Motion was made by Councilman Westerhof to approve the preliminary plat for Brimingham Farms Tract 17 . Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - 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 . CONSIDER RESULTS OF THE QUESTIONNAIRE SENT TO THE RESIDENTS IN KINSINGTON MANOR REGARDING STREET LIGHTS: Mrs . David Orr of 109 Windsor , stated that she has talked with the people and had acquired a number of signatures who do not wish to have a light at this point . I do not believe you received a good response. One of the lady' s that came before you and requested this light did not know it would be in the middle of the block and has signed this petition requesting not to have the light . Motion was made by Mayor Pro Tem Donovan to put one light on Fairmont and not put the light on Windsor . Seconded by Councilman Crane . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - 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 FINAL PLAT AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR QUAIL HOLLOW II , LOT A: This property is the site of the new P. M. Akin Elementary School . City Manager James Johnson said this item will have to be pulled until the lift stat ion-_d-}-st-r-i t-€iaes---a-r was no action taken o n,,•t-h i s item. PRESENTATION OF PROPOSAL BY GTE FOR AN ENHANCED 9-1-1 M ERGENCY REPORTING SYSTEM: Mr . Jim Cowman state at the en - enc.y system_ i - the surrounding areas of Wylie. The cost of this system is passed on to the user and not to the City. It will enhance the response time on any emergency. There will be an approximate cost of li eighty-one cents ($ .81 ) per month for this service . It is a good win situation for the good of the City as well as for the citizens . A large percentage of your citizens do not know what number to call for emergencies. I would like to draw up a contract for the City of Wylie for your signatures. Mayor Pro Tem Donovan wanted to know if the legislative acted on the liability on the 9-1-1 . Mr . Cowan said it does not put all the liability on the city and it does not put it back on the 9-1-1 system. Mayor Pro Tem Donovan wanted to know if this 9-1-1 system could be installed in our new building . Mr . Cowan asked when we would be in. City Manager James Johnson said we would be in 1 in about 90 days , but there is some extra wiring that is being put in. Mr . Cowan said the wiring can go in now, and put the system in as soon as it comes through. Motion was made by Councilman DiTota to accept the Enhanced 9-1-1 Emergency System. Seconded by Mayor Pro Tem Donovan . Councilman Crane wanted to know if the fees were passed on 1 to the user , would there still be an initial investment . IMr . Cowan said you can pay it from your General Fund or roll the cost to your users . The vote was as follows : Mayor Trimble - in favor , Mayor f Pro Tem Donovan - in favor, Councilman Akin - 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 . AUTHORIZATION FOR ACTING CITY MANAGER TO ESTABLISH LINE OF CREDIT OF $200 ,000 AND AUTHORITY TO EXECUTE PROMISSORY NOTE FROM FIRST STATE BANK OF WYLIE: City Manager James Johnson said this has to do with expected cash flow shortage. I anticipate this cash flow to come about within the next ten (10) days . Mayor Pro Tem Donovan wanted to see the revised budget . If the cuts were made do we still need this . Councilman Akin wanted to know about the $100 ,000 . that was borrowed . City Manager James Johnson said this was due to the taxes not coming in. Councilman Blakey asked about the rate these funds would be needed . City Manager James Johnson said approximately $50 ,000 by November. Motion was made by Councilman DiTota to grant authorization for Mr . Johnson to establish line of credit of $200 ,000 and authority to execute promissory note from First State Bank of Wylie. Councilman Ditota also stated this was something the council does not want to do, but are faced with . Seconded by Mayor Pro Tem Donovan. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - against, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - against , and Councilman Blakey - in favor. This motion carried with five (5) in favor , and two (2) against . There being no other business , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones , City Secretary MEMORANDUM TO: MAYOR AND COUNCILMEMBERS FROM: DON WHITE, ACTING DIRECTOR OF PUBLIC WORKS -i 1 RE: DEPOSIT ON VOLLEYBALL/NET DATE: SEPTEMBER 4 , 1987 The Park and Recreation Board is requesting that a deposit be required when volleyball and volleyball nets are checked out when the pavilion is rented . This is for the purpose of replacing the ball and net if it is not returned . Staff recommends a $20.00 deposit upon rental of the volleyball to secure its return. The deposit will be refunded upon return of the volleyball. 41 i ee CITY OF WY"LIE 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 TO: James Johnson, Acting City Manager FROM: Don White, Acting Public Works Director tilk/ RE: Parks and Recreation Board Recommendation for Water Fountain at the Park Pavilion DATE: September 4 , 1987 Estimated costs for installation and material (contract out) for the water fountain at the Community Park Pavilion is between $350 .00 and $400 .00 and furthermore recommend that since this is a capital item, it be included in the 1987-88 Parks Department budget . e? August 6, 1987 Memorandum To: CCPOA Members From: Ken Bangs Reference: September meeting Summer is over, school is starting and its time to resume our monthly meetings. The September meeting is secheduled for Thursday, September 24, at the McKinney Holiday Inn. State Representative Ben Campbell will be our sPeaker. Representative Campbell will review the action of the legislature during the recent session. This promises to be a most interesting meeting. Remember, the meeting starts at 6:30 p.m. with a social hour until 7:30 p.m. , dinner at 7:30 p.m. and the speaker at 8:00 p.m. We need your reservation no later than 10:00 a.m. , Thursday, September 24. Your may call your reservation to Ms. Jackie Blakely at 578-7120. Support your associaton by attending and bringing a guest. C III CITY OF VcTYLIE 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 TO : Mayor and Council FROM: James Johnson, Acting City Manager DATE: September 5 , 1987 RE: County Bond Program The following persons have expressed a desire to serve on the following 1988 Collin County Capital Improvements Program. Open Space Committee John Morgan, P & R Board D. F. "Skeeter" Whitlow, P & R Board Transportation Committee Chuck Trimble, Mayor Infrastructure Committee James Johnson, Director of Finance 7I COUNTY Department of Public Works July 3, 1987 James Johnson Acting City Manager City of Wylie P.O. Box 428 Wylie, Texas 75098 Subject : Preliminary Design Schematic for S.H. 78 from S.H. 190 to S.H. 205 Dear Mr. Johnson: We have reviewed the Preliminary S .E. 78. As you know, being Preliminary Schematic Drawingsatic gs which show the proposed alignment and right-of-way the plans are intended to g Y limits, parcels, right-of-waygenerally show affected land aroegsout its length. and basic alignment 9 Our review is limited geometryo parameters. Overall , the concept alignment is satisfactory to us. The City may want to check 's transportation plan. with the City's In order to facilitate engineering design and right-of- way acquisition within the Cit the SDHPT if the Cif Y, it would be very helpful to hormation for those y could provide more right-of-way iparcels affected within the City. If you have any questions, please feel free to call me. Sincerely, /Rib 7 -� en Delgado, P.E. Asst . Director of' Public Works Engineering cc: Jerry Hoagland Clarence Daugherty Dennis Burn McKinney. Texas 75069 • (214)548-4616 • 231-7170(Metro) Proposed Schedule for 1988 Bond Program June Meeting of Steering Committee with chairs of all committees, and sub- committees and with staff. July Commissioners ' Court members complete submittal of names for Committees August • Send out invitations to individuals to be on Committee and to meet in Sept . Include proposed list of subjects and request for priority and desired sub- committees. Sept. (week of Sept. 7) First meeting of full committee to explain program and divide into sub- committees. Sept. 87 - Jan. 88 Sub-committees and full committee meet, evaluate program and develop recommendations. February 1, 1988 Committee submit recommendation to Commissioners ' Court March 1, lggg Commissioners ' Court decide on proposition and call election July or August, 1988 Election 1 COLLIN COUNTY 1988 CAPITAL IMPROVEMENTS PROGRAM CURRENT ORGANIZATIONAL CHART ISTEERING COMMITTEE . • CO-CHAIRPERSONS: I JERRY HOAGLAND JACK HATCHELL -111.11111111111111.1111111.111.117111.11.11.11.111.1" I • • • CAPITAL IMPROVEMENTS L C PROGRAM COMMITTEE C. DAUGHERTY, DOSHERTY,RT KHIIH C .M I C CO-CHAIRPERSONS: C. DOMBROWSKI CHARLES BELEW B. GLOCK ED MAHON B. LINDBERG I. 11 I j FINANCIAL IMPACT & ANALYSIS LCO ' 1 P. PARKER, AUDIITTOR F. MEDANICH, ADVIS R. HUTCHISON. ATTORNEY I I • I TRANSPORTATION COMM OPEN SPACE COMM INFRASTRUCTURE COMM ; CO-CHAIRPERSONS: CO-CHAIRPERSONS: CO-CHAIRPERSONS: 1 BUILDINGS COMM DAVID GRIFFIN ELTA CHANDLER FRANK WALKER CHAIRPERSON. BOB COLLINS I DON PROESCHEL LEAHRAY WROTEN + STAFF:BILLB KRAMER I STAFF: C. DAUGHERTY STAFF: B. FRASER B. LINDBERG I STAFF: I ROADS SUBCOMM WATER & SEWER SUBCOr' CHAIRPERSON: CHAIRPERSON: .... HEALTH FACILITIES SUBCOMM STAFF: D. BURN CHAIRPERSON; I STAFF: STAFF: C. DOMBROWSKI I 1-1 AIRPORTS SUBCOMM I CHAIRPERSON: SOLID WASTE SUBCOMM ( ADMINISTRATION SUBCOMM CHAIRPERSON: j CHAIRPERSON: STAFF: R. BOSTON..................J ~ STAFF: rl STAFF: B. LINDBERG TRANSIT SUBCOMM I • CHAIRPERSON: ; FLOOD CONTROL SUBCOMM CRIMINAL JUSTICE SUBCOMM t. I , CHAIRPERSON: ! CHAIRPERSON: STAFF: R. DELGADO i STAFF: �-• STAFF: G. RENFRO TO: Mayor and Council FROM: James Johnson, Acting City Manage RE: Budget Workshop and Hearing DATE: September 5, 1987 Open to suggestion on Budget Workshop, Saturday affair is how it has been done in the past. Suggest Budget Hearing date for September 22, 1987. You may also want to hold a Budget Hearing next week as well. Latest date to adopt the Budget is by September 27, 1987 to meet City Charter requirements. NOTICE OF VOTE ON BUDGET FOR 87-88 YEAR The City of Wylie will conduct a public hearing on the proposed 1987-88 Budget September 22, 1987 at 7:00 P.M. , at a regular City Council meeting in the Community Room 800 Thomas Street. A pubilc meeting to vote on the 87-88 Budget will be on September 22, 1987 Council meeting at 7:00 P.M. at 800 Thomas Street in the Community Room. Carolyn Jones City Secretary CITY OF WYLIE 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 TO: Mayor and Council FROM: James Johnson, Acting City Manage DATE: September 5, 1987 RE: Lucas-Wylie ETJ Agreement Joint Resolution Several months ago, •the Council appointed Mayor Trimble and Mayor Pro-Tem Donovan as ad hoc City representatives to negotiate a settlement to the Wylie-Lucas ETJ dispute and resolve difficulties with the City' s annextion of area in Lucas ' ETJ. The boundary line has been worked out and the matters resolved regarding what will be Wylie' s and Lucas' ETJ areas. The proposal has been rechecked by a consulting engineering firm (Jones & Boyd) for the City of Wylie, After approval of the joint resolution, disannextion proceedings and a City Boundary Agreement between the two municipalities will be needed to complete the boundaries. Since the major part of the negotiations were done by Mayor Trimble and Mayor Pro-Tem Donovan, I will defer to them regarding questions unless requested . 1/7 o.. ... ... .. ... ... • JONES&SOU.MIC. CONSULTING ENGINEERS 16980 Dallas Partway.Suite 100 Dallas,Texas 75248 214-248-7676 July 31, 1987 OFFICERS: J.Gregory Bays.P.E Presrdere Wayland D Oradat P.E Vice President Mr. James Johnson Douglas W Newport PE Acting City Manager Vice President City of Wylie Les St P.E P.O. Box 428 Stephen E Donaldson.R.P.S. Wylie, Texas 75098 Peter S.Boecher.ASLA Robert R.Steele,P.E.R.P.S. Re: Wylie-Lucas ETJ Agreement J & B Job No. WY 501 Dear James: We have reviewed the joint resolution you provided to us for resolving the ultimate common boundaries between the two cities. In comparing the areas to be disannexed as described on page 1 with the city limits description in Exhibit A, there is a dis- crepancy between the two. With regard to annexation ordinance 86-12, the resolution states that the first 600 feet south of the north line of Abstract 303 and the first 3,200 feet east of the west line of Abstract 303 will be disannexed. The Exhibit A descrip- tion, however, sets the proposed ultimate city limits along that line 600 feet south but then runs along the west line of Abstract 303 and not 3,200 feet in. Consequently, Wylie would be dis- annexing property that Lucas has agreed belongs to Wylie. En- closed is a sketch noting the difference in descriptions. Also enclosed are the correspondence and materials you provided us. On a minor note, the reference in Exhibit A to the D. Farmer Survey should include its abstract number, 303. If we can be of further assistance, please let us know. Sincerely, JONES & BOYD, INC. Peter S. Boecher, ASLA PSB:dlc Enclosures 7? SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner, Jack. Sallinger & Nichols! AVRtO IAWNSta Attorneys & Counselloor�s��at Law PRESTON CENTER OFFICE N M.LOUIS KNOLa 1800 Lincoln Plaza 8222 Doawas Ave. Suits 707 LAWN1[NCt w.JACKSON 500 N. Akard Dams.Taw 75226 TIN clac Dallas, Texas 75201 1210 802-1218 ROstn L DILLARD III Roacar D.N[N►NILL (214) 954-3333 ROUST C MA4ER ►IT[R S.sumo ROT L""''`Mors July 17, 1987 DAVID N.MINAS RO5[RT L DILLARD.JR. JOHN►.RO(N5 NI Of COUNSEL SOULS A.STOCIARD PAN SANDAL[UDASIC Mr. James Johnson Acting City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Re: Lucas-Wylie ETJ Agreement Dear James: Enclosed you will find a letter, a Joint Resolution Between the Cities of Wylie and Lucas, Texas, and other material sent to me by Mr. John Rapier, the City Attorney for the City of Lucas. I have no problem with the form of the Resolution. The City Engineers need to make sure that the legal description meets with the Council's approval. If you have any questions, please give me a call. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD By Lawrence .,Jackson LWJ/sb Enclosures RAPIER & AssociATEs A Pwors io,RAL CbwPORATIox ArroRusY11 AT LAW 509 GRsszrvnas BAzix TorsR 761E Osezzpivrus Avsxus DAI.1.AS. Tszws 75231 (414)3e9-1944 Jots,K.RAPIER or COL'TitE. Rzcww*D 0.DANN J . July 16, 1987 Mr. Lawrence W. Jackson Attorney At Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 RE: Lucas-Wylie Ultimate Boundary Agreement Dear Larry: Please find enclosed a proposed Joint Resolution Between The Cities Of Wylie And Lucas, Texas, concerning the agreement between them concerning their ultimate common boundaries. The Joint Resolution will be on the agenda at the next regularly scheduled meeting of the Lucas City Council on August 3, 1987. We hope that the Resolution will be approved by the Wylie City Council in the very near future. If you have any suggestions concerning revisions to the Joint Resolution, please call at your earliest convenience. I will be out of town until July 27. I anticipate that after the Wylie disannexations that both cities will sign a City Limits Boundary Agreement similar in form to the Agreement that Lucas has with Allen, a copy of which is en _ - • • r information. 1040 y ours o - . -pie JER:meb Enclosures cc: City of Lucas Ray Baker Our File No. 4-16 g JOINT RESOLUTION BETWEEN THE CITIES OF WYLIE AND LUCAS, TEXAS WHEREAS, the cities of Lucas and Wylie, Texas, desire to establish with certainty their ultimate common boundaries now and in the future; and WHEREAS, it is the desire of the cities of Lucas and Wylie to establish their common extraterritorial jurisdiction boundary line in accordance with Article 970a Section 3 (B) of the Texas Revised Civil Statutes, and in order to accomplish this end, the governing bodies of the cities of Lucas and Wylie have met and desire to enter into an agreement apportioning, by mutual consent, that the territory between these two cities and their overlapping extraterritorial jurisdiction (E.T.J.) ; THEREFORE BE IS RESOLVED that the common E.T.J. line or ultimate common boundary of the City of Lucas and the City of Wylie, Collin County, Texas, is as described in Exhibit "A" attached hereto and included herein for all purposes as hereby adopted by the cities of Wylie and Lucas. BE IT FURTHER RESOLVED that in order to implement this boundary agreement, the City of Wylie will on or before October 1, 1987 disannex the territory annexed by the City of Wylie in the following Wylie Annexation Ordinances: 86-42, 86-43 and 86- 44. In addition, the City of Wylie will disannex a portion of the territory annexed under Wylie Ordinance 86-12 the same being described as that territory in the first 600 feet south of the north line of Abstract 303 and that territory in the first 3,200 feet east of the west line of Abstract 303. In addition, the City of Wylie will disannex a portion of the territory annexed by Wylie described as that territory in the first 3,200 feet east of the west line of Abstract 115 to the Lucas-Branch bridge. BE IT FURTHER RESOLVED that as consideration for this agreement and the Wylie disannexations described herein, Lucas will not file suit against Wylie for encroachment on Lucas' extraterritorial jurisdiction and Lucas will not consent without Wylie's prior approval of any municipal utility district or any other similar governmental subdivision that may require Lucas' consent as a prerequisite for formation in the territory that Wylie will disannex as heretofore described. BE IT FURTHER RESOLVED that upon passage of this Joint Resolution by the City Councils of both Wylie and Lucas, that both cities will direct their respective City Attorneys to draft Ordinances and contracts to finalize and implement the Wylie- Lucas ultimate common boundary agreement. JOINT RESOLUTION BETWEEN WYLIE AND LUCAS - Page 1 4-12 APPROVED AND SIGNED this the day of 1987. Gerry Ann Guzman, Mayor, Lucas, Texas APPROVED AND SIGNED this the day of 1987. Chuck Trimble, Mayor, Wylie, Texas JOINT RESOLUTION BETWEEN WYLIE AND LUCAS - Page 2 4-12 EXHIBIT A DESCRIPTION OF PROPOSED ULTIMATE CITY LIMIT LINE BETWEEN WYLIE AND LUCAS, TEXAS BEGINNING at the intersection of the East line of Aztec Trail and the South line of the LEROY FARMER SURVEY, ABSTRACT NO. 334, the same being on the boundary line as agreed between the City of Lucas and the City of St. Paul dated July 17, 1975; THENCE Northerly along the projection of the East line of Aztec Trail to the South line of the ORPHA SHELBY SURVEY, ABSTRACT NO. 799; THENCE Easterly along the South line of the ORPHA SHELBY SURVEY (A-799) to the Southeast corner thereof; THENCE Northerly along the East line of the ORPHA SHELBY SURVEY (A-799) to a point that is 600 feet South of the Northwest corner of the D. FARMER SURVEY; THENCE Easterly parallel to and 600 feet South of the North line of the D. FARMER SURVEY to a point that is 3,200 feet East of the West line of the D. FARMER SURVEY; and THENCE Northerly parallel to and 3,200 feet East of the West line of the D. FARMER SURVEY to a point that intersects the Easterly extension of the Fairview-Lucas boundary agreement as described in a Joint Resolution Between The Cities Of Fairview And Lucas dated March 1, 1977 and filed in Volume 1045 at Page 775 of the Collin County Deed Records. JOINT RESOLUTION BETWEEN WYLIE AND LUCAS - Page 3 4-12 2'r) f , 040J£C7 S/7£ I _1 i --( `. T E X A S 1 CALVIN BOLES ^ +Z i �/ \ ♦3 SURVEY A 28 \ ,' • 1 :Ev"."'°' m STATE INDEX `� JOHN S. IrHOMPSON ,..• 16 4112 I THOMAS 1 D. JAMES t , I ---- I '....'''.7 SEG' :Ev.r.TaAc., I .FPRos SEr to•7 AE.1 1 -• ' __—z=g = _ -:�� SURVEY` ?I. SURV_.`1. pf- 477� I A 445 R __ r • M1410 1\ \41D• ! ,4g07 I I ...IS. 0 se,„: cc �� [ 7clo AC. 1 i 4<13\ , s� *aid : EIjj ‘; ', BIRCH PART OF PRO; I� GODMAN DU AS✓r • . g {1RVEY 2' ® RELOCATION C 1. aao it' N0. 22. Y 4403 1 441$ i � \� SEV.a.73��� � � I 11?-=---- --.:,..--....-.,.. ._.el, .=--'iii---,---71.;--==:II sEv i.rcoAc. I ' +c �� .,� PROP r ED RELOCATION FRANCIS W, LAPPS \ iir Ste. SAD N0.24 3o.00.c 1 uv."+t``c PROPOSE}) RELOCATION �� ., SURVEY ROAIO NO 2$ r--�, ..) \ 4425 ->_ =/ \�:, 4 25 sEvo�.00 ' �- - i --r-r-14�:Fs.- .{/ ���' a403 irc,,...,Asc,...L'�1 `. 2 ' 7 I SURVEY • 44II7 � i` " =___- "' (� SEE INSET i jez • x:_ Illi SC/ti3.43 AC SEv. 1111) • S 443i ns .c. N /i u. 1� i �44 5 4 E8 �9I� 1 4 44� I. D. M. FARMER E AL v •2' • e. •4417 ''c� L08 �•-� 1~; SEG.•0• uu SIMPSO r 44228ARROW �, 'ct♦ RV Y SEG. •B L • E A-4 �1�, / 1 SURVEY :� �1 MONTGO'M ERY � • MICHAEL MILLIRONS �� l� 1 __ 4422 !�II/ , ` SURVEY A-564 2 A-502 RC�==.�- 8ROCKDALE PARK -_�-.------ TRc 3 +I A-303I4443 ! rORPHA SHELBY �.-/0000... • j I !T SURVEY • _� JOSIAH J. TURNHAM \ \ -- 5• 08 .\41). .... ...... SURVEY a-799 •`' • • SLy 312 Al AC •Ailt/ 0 . SUR A-919 D.ate+ dr'.,!$ a4n2 ... LEROY FARMER AIV 3O°•./ 0 • :...............43, SURVEY SURVEY . A-334 /` TRPZSEG. •8•i .el 508..6 "5o3.5 L MARK L. MORRIS TI_ JRVEY A 561 __I A-800 I A-697 — C.' IL ..A0J!1C7 vr, . i \ ..._ r E x n s 1 t CALVIN BOLES IN SURVEY A-28 . •' . k • (: r_,.........„ - t-,.....1, ..___ 4. • "'r""'ci � STAT£ INDEX '`'`zi N S. 1 4412 THOMAS D. JAMES �it •1 `�� E 0+------ ------------. SEG= i. 1......s.*-7 4410 ..� (- ---J E • 1.� ,2v us K. I \- .-=P-.x--/&ir se -'-'--2'7,1" SURVEY �' Iz 1,4 SURV . A-477 t` 1 A-445 -- 4410 4407 i _ , \ SIN SS K uxK I -N r ' a13 ' r-�•.Te . -j stvsor•c _- --� `�_ijSt7 !Op O RELOCATIONI'st ,s.:,•c � - - OF ROAD NO.23 `\ 44•I �•'(�., - •. yam= stv.,aoo•c. sn.f1.»•c E MONTGOME- BIRCH PART OF PRO.-- - GOOMAN OV'45E- -y.;. �• RELOCATION C- I f��r::saes =_ 5'L== 1.` ,..1 1f; G 44t5 1� scvin�✓ � ,�stvNtsoK. FI i �%-iss.:. 4 ` •� •_� D RELOCATION FRANCIS 4 , APPS , :11-1114‘.1° `* ;��` 1 NU.2 4 Ai anoo ah'.q•.21 K. � ,SURVEY �•`�+ ,.PROPOSE RELOCATION � -A-..-.-1L.,-,7."-- -IL '' • .. 8: ------ ROAb NO 25 r—� k ,��/` .. r� �ri/ ., SURVEY �� • / s� �uETiiiii ��• lli i. ______WEIS] s c. HY- r .t _ — aril 4a18IV: I A=231 ------ �. 192`� 11 445 L.-- 1 4421 �' . •, t E r w .L t 44217 nes � i�J'rZ�• lier n-270 [rr�� � � ' ; ' 's:c1 �G`, ` u» • SIMPSO� ®22BARROW , f'''.-�/ r'4 ./ `, CO r, 1 r7;; f••44•♦ se / �• MICHAEI MILLIRONS y`:741,Po. : ' ' ONTGOAI ER; 1 _� 4422 `i I •-502 TA G SURVEY A 564 2 /j',i�� _� `'___L rORPHA SHELBY \'� 70,...7., t/� ��j�/;i/�, StFRV Y � ` • Mb 4 422 IJ,� 7* d• i ;JOSIAH J. TURNHAM \ 1 • SURVEY A-7• 24rre 17, 1111111111too.. 410 --. ...-- 1 ut ff��11, a7 c4a2 • al. ,...17 .......POICOMIPINP7 ' • 1..' :6 LEROY FARMER 0.• / SURVEY SURVEY A-33a .41 - r. 1 ."OS• SEG. '!' TRt' I 50i• -.50i-s MARK L. MORRIS SURVEY A-561 --1 A-800 I A-697 —._=; _ _-_=m-- =�'—- EXHIBIT "A" BOUNDARY LINE AGREEMENT BETWEEN CITY OF ALLEN, TEXAS AND CITY OF LUCAS, TEXAS BEGINNING at the Southwest corner of a 131.772 acre tract owned by Jack Carter reference Volume 982, Page 273 of the Collin County Deed Records; THENCE in a southerly direction along the east right-of-way line of the existing and future F.M. 1378 to the intersection of Rock Ridge Road; THENCE in a southerly direction along the east right-of-way line of the existing and future Rock Ridge Road to its intersection with F.M. 2170; THENCE in a westerly direction along the south right-of-way line of the existing and future F.M. 2170 to the intersection of F.M. 2551; THENCE in a southerly direction along the east right-of-way line of the existing and future F.M. 2551 to the intersection of Bandy Lane. THE STATE OF TEXAS S S COUNTY OF COLLIN S BEFORE ME, the undersigned authority, on this day personally appeared MICKEY .9IERSON, Mayor of the City of Allen, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D., 1983. [ SEAL ] Notary Public, State of Texas My Commission Expires: Printed or Typed Name of Notary THE STATE OF TEXAS S S COUNTY OF COLLIN S BEFORE ME, the undersigned authority, on this day personally appeared MILTON GOSNEY, Mayor of the City of Lucas, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D., 1983. [ SEAL ) Notary Public, State of Texas My Commission Expires: Printed or Typed Name of Notary D CITY LIMITS BOUNDARY AGREEMENT THE STATE OP TEXAS S S COUNTY OF COLLIN S WHEREAS, the City of Allen, Texas, and the City of Lucas, Texas, acting by and through their duly authorized representatives, are desirous of entering into an agreement establishing the ultimate city limit boundary lines between the two municipalities; and, WHEREAS, each of the two municipalities believes that it is in the best interest of those persons owning property in and around the current boundary limits of each of the municipalities if a mutual agreement were entered into establishing ultimate boundary lines between the two municipalities; and, WHEREAS, each of the municipalities agrees that proper planning for orderly growth and development will be enhanced by establishing ultimate boundary lines between the two municipalities at this time; and, WHEREAS, each of the municipalities, upon due consideration, enacted a resolution authorizing its Mayor, with the attestation of its City Secretary, to execute this contract; NOW, THEREFORE, this contract and agreement, in consideration of the mutual covenants and agreements contained herein, is made and entered into by and between the City of Allen, Texas, and the City of Lucas, Texas, to-wit: L Each party to this agreement, one with the other, agrees that its ultimate mutual city limit boundary line shall be shown and described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. IL The extraterritorial jurisdiction of each of the cities to this agreement shall remain as provided and allowed by the Municipal Annexation Act of 1963, as amended, Article 970(a), Vernon's Annotated Texas Civil Statutes; provided, however, if there should now exist, or if at any time after execution of this contract there should exist, an overlap of extraterritorial jurisdiction between the two cities, then in such event, neither city shall have or make an extraterritorial jurisdiction claim of any portion of the overlapped area which should lie beyond its ultimate city limit boundary line as established by this agreement; and this agreement shall constitute a present and continuing waiver by each such city to any such rights or claims of extraterritorial jurisdiction to any overlapping extraterritorial area which lies beyond its ultimate boundary. III. Nothing herein contained is intended to authorize either party hereto to levy or assess an ad valorem tax on property situated between current city boundary limits and the agreed mutual ultimate city boundary limits until such time as the property, or a portion thereof, is legally annexed by one of the parties to this agreement. N. Each party to the agreement, one with the other, agrees that after the execution of this agreement by both parties, upon platting of property adjacent or sufficiently near to the city boundary limit described in Exhibit "A", each city will require the dedication of right-of-way necessary to implement the existing and future Collin County Thoroughfare Plan which is described in Exhibit "C" attached hereto and made a part hereof for all purposes. V. Should any provision of this agreement be declared void by a court of competent jurisdiction, the remaining provisions of this contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed, in duplicate originals, each of which shall constitute an original on the date of their respective acknowledgements. CITY OF ALLEN,TEXAS ATTEST: By Mickey Pierson, Mayor Marty Hendrix, City Secretary CITY OF LUCAS, TEXAS ATTEST: By Milton Gosney, Mayor Madelyn McDaniel, City Secretary . _ � ft ems. ie. it_ is 77/ " Document#9310 cl.n10 _Page 775sf Vol. JOINT RESOLUTION BETWEEN THE CITIES OF FAIRVIEW AND LUCAS, TEXAS WHEREAS, the cities of Lucas and Fairview, Texas, desire to establish with certainty their common boundaries; and WHEREAS, it is in the best interest and welfare of both the cities of Lucas and Fairview, Texas to establish by agreement their common boundaries; and whereas a majority of both city councils or commissions are in favor of this action to establish by mutual agreement the common boundaries of Lucas and Fairview, Texas . THEREFORE BE IT RESOLVED that the following is a meets and bounds description of the common city limit line of the City of Lucas and the City of Fairview, Collin County, Texas : BEING located in the Gabe Fitzhugh Survey, Abstract No. 318 the Calvin Boles Survey, Abstract No. 28, said line being describes as follows: BEGINNING at the southwest corner of the J. Carter 106 acre tract and in the center of Farm Road No. 1378; THENCE in an easterly direction and along the south line of said Carter tract, more or less, and continuing along this line and across the Carl J. Thomsen land, in all a distance of 6500 .00 feet, more or less, to the east line of the said Gabe Fitzhugh Survey and the west line of the said Calvin Boles Survey; THENCE Continuing in said easterly direction with said line and across the W. M. Benton, the H. Robertson and the Ray Gant land a distance of 7800 feet, more or less, to the take line of Lake Lav and being a total distance of 14, 300 feet, more or less . BE IT FURTHER RESOLVED that if a real property owner (herein referred to as "owner") whose property has been divided by the here described city limit line between the cities of Lucas and Fairview, Texas petitions the city in which more than one-half of the owner 's property is located for the annexation of the portion of his property located outside said city, then the other city in which le. than one-half of the owner's property is located agrees to waive an: extra-territorial jurisdiction it may have and agree to the annexat JOINT RESOLUTION PAGE 1 R-8 92 / L. and further agrees that if any disannexation proceeding is • • 'f commenced for the owner 's property located within the city where ,,Y ; R- less than one-half of his property is located, then said city will 4 ;l not oppose such disannexation proceeding. • BE IT FURTHER RESOLVED that if a owner has land contiguous iguous • with the city limit line described herein or has land that has been divided by said city limit line and the owner is currently y ;j • purchasing utilities from the city in which none of his property 1. I p y or less than one-half of his property is located, and if such owner petitions the city from which he is purchasing utilities for annexation of his property within said city, then the city .: which is not providing utilities agrees to waive any extra- territorial jurisdiction it may have and agree to the annexation by the city which is providing utilities, and said city further agrees that if any disannexation proceeding is commenced by such 4 an owner that the city not providing utilities will not oppose said disannexation proceeding. 04 APPROVED AND SIGNED THIS / DAY OF /Yf eOle , 1977 • Q9t44ZVd4L t n Vet, Mayor, Fairview, Texas APPROVED AND SIGNED THIS DAY OF CL1 , 1977 3(447- 2(.14 Mayor, ucas, Tex L` _10.L �'itt,� - -"-vu/ (, i/,/7 7 JOINT RESOLUTION PAGE 2 R-9 i ee>" 167' 76 r ¢ 3 -64-t) 4) SerZtat/ 631r ,�- bibil 5-, w- 4r( 75-4 - 2t- er6 dr- N GO d-O-t---pLz_<__) . I 6 5Z r6 I _ 4.43 cere. 74 7-1- -.07 sle 5: i Cti/11- Z f/11 c<JJ /-71t.A, -i!P V-ite CITY OP' WY"LIE 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 TO: Mayor and Council FROM: James Johnson, Acting City Managef / RE: Draw Down #2 - Line of Credit '/ DATE: September 5 , 1987 At the July 28th meeting , the City Council approved establishing a line of credit at the First State Bank of $200 ,000 .00 . Staff set up a line of credit as authorized with the First State Bank and received authority for Draw #1 on August 7 , 1987 in the amount of $100 ,000 .00 . Based on my cash flow calculations , which were supplemented by our auditor cash flow forecast , I am requesting authority to utilize draw down #2 for the remaining $100 ,000 .00 of the City' s line of credit for purposes of meeting payroll , payables and operating cash needs . 93