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03-24-1987 (City Council) Agenda Packet &re Pusrt,d 3-;,,0-e7 PG /42 OU/tb7 AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, MARCH 24, 1987 7:00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-14 Consider approval of minutes. 2 Consider call for special meeting on April 7 , 1987 to canvass April 4 election. 3 15 Consider approval of proclamation pledging the support of the City of Wylie for the work of the Wylie Ministerial Alliance. 4 CONSENT AGENDA The following items are to be considered as one item. The Council may move, by motion and 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 separately. If such a request is made, those items will occur in numerical order immediately following the vote on the Consent Agenda. A. 16 Consider approval of Westgate Addn. Phase I . replat . B. 17 Consider award of bid for three (3) radios for Police Patrol Cars. C. 18 Consider approval of construction plans for Westgate Center Phase I . D. 19 Consider approval of construction plans for Westgate Center II . E. Consider authorization to expend funds from the water/sewer impact fund for interim capital improvements to the existing wastewater treatment plant for items below the bid level of $5000 each. F. 20-21 Consider authorization to dispose of unused City owned equipment. PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 5 22-27 Conduct second PUBLIC HEARING on the annexation of 456 acres out of the 0. Shelby Survey, Collin County Abstract 799, L. Farmer Survey, Collin County Abstract 334 , J. J. Turnham Survey, Collin County Abstract 919 . 1 ORDER OF PAGE BUSINESS REFERENCE BUSINESS 6 28 Conduct PUBLIC HEARING on the request for rezoning of a portion of Section one, Phase IV, Rustic Oaks Addn. from current SF3 and 2F to PD (Planned Development) . 7 29-31 Consider approval of zoning ordinance changing a portion of Section one, Phase IV, Rustic Oaks Addn. from SF3 and 2F to PD. 8 32-34 Conduct first PUBLIC HEARING on the annexation of 58 .9613 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 , commonly known as Wylie Ranch East. 9 35-37 Conduct first PUBLIC HEARING on annexation of 74 .943 acres out of the Wm. Penny Survey, Collin County Abstract 696 . 10 38-40 Conduct first PUBLIC HEARING on annexation of 4 .0 acres of I . & G.N. Ry. Co. Survey, Collin County Abstract 1059 . GENERAL DISCUSSION 11 Citizen Participation. NEW BUSINESS 12 41-45 Consider authorization of letter of intent to G.T.E. for the installation of enhanced "911" emergency system. (Presenter - John Medaille, GTE rep. ) 13 46 Consider presentation on behalf of Roger Finholt, Developer of Lake Ray Hubbard Mobile Home Estates regarding the greenbelt area in that park. (Presenter - Evelyn Hamilton. ) GENERAL DISCUSSION 14 Council Discussion. UNFINISHED BUSINESS 15 Consider settlement and cancellation of existing landfill contract . 16 Consider award of sanitation service franchise. 17 47-49 Consider approval Ordinance establishing rates for sanitation service. 18 ADJOURN 2 CITY COUNCIL MEETING MINUTES MARCH 10, 1907 7:00 P. M. The Wylie City Council met in regular session on Tuesday. March 10, 1987 at 7: 00 P. M. in the Wylie Community Room. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham, Council Members Calvin Westerhof , William Martin, Kent Crane and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires, Engineering Department, I . W. Santry, Finance Director James Johnson, Public Works Director Bill Windham, and the news media and other citizens. Mayor Trimble called the meeting to order and Councilman Crane gave the invocation. APPROVAL OF MINUTES: The minutes of February 24, 1987 were submitted for approval . There being no additions or corrections, a motion was made by Councilman Martin to approve as submitted. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favorr, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. DESIGNATION OF UNIFORM ELECTION DATE BEGINNING 1988: This item is placed before Council in order for selecting a uniform election date. This has come about due to the new primary election dates established by Senate Bill 4, the current April uniform election date has been eliminated. The election date has now been designated as the third Saturday in May. If Council so desires, a different date than May may be selected. Motion was made by Councilwoman Donovan to approve the uniform election date that has been set up by the Secretary of State, being the third Saturday in May beginning in 1988. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, Councilwoman Donovan - in favor. This motion carried with all in favor. PUBLIC HEARING ON THE ANNEXATION OF 456 ACRES OUT OF THE O. SHELBY SURVEY, ABSTRACT 799 AND THE L. FARMER SURVEY, ABSTRACT 334 AND THE J. J. TURNHAM SURVEY, ABSTRACT 919 ALL OF COLLIN COUNTY: This property is currently under the ownership of Stanley Moussa and is known to the council as ' the Caruth property. This annexation is a staff initiated annexation after a work session with the Council regarding a private utility district to serve this area. If Council will recall this property owner came to the City about nine (9) months ago and requested annexation. The night the Council was to vote on this property the owner pulled it from the agenda' At the work session Council asked for the staff to begin annexation on this property in order to keep the utility district from coming about. The Planning and Zoning recommend by a vote of 6 to 1 not to annex this property. Mr. Lee Lawrence has come to staff and asked that Wylie not annex into St. Paul ' s ETJ and this would take off a small portion of this acreage. The property in Abstract 799 has a property value of $861 , 665. with an ag use value plus a small building of $68, 046. 00. This would net the City $333.43 in taxes at the current rate of $. 49 per / � $100. 00. If the property were to be developed, the revenue would be $1 , 001101 . This would constitute annual expenses for Fire and Police. Another question was whether or not Wylie could deal with its concern by receiving a letter from the property owner stating he would not have a utility district. The City Attorney could not find a clear cut ruling, but did say if we had this letter for a short period of time, and the property owner would make this letter a part of the record such as the deeds, the City would not have to be concerned about the utility district. A City need not annex property to just kill the utility district. This fact is true, but the Water Code Statues 54. 016 could put into motion a series of events if we deny this utility district. A property owner has 120 days to come and request services. The City would have six (6) months to contract to provide services. If the City fails to reach an agreement within the six months, than the property owner could put the special utility district in. If the property is in the City limits, you do not have to worry about special utility districts. Council can stop the annexation procedures tonight, but can not vote on the annexation tonight. If Council so chooses to stop the annexation then there will be a special utility district. If Council wants to elect to release this from our ETJ, than staff will send a letter to St. Paul and Lucus stating that the City of Wylie wants no part of this and it is their problem. Miss Kathryn Moussa stated she was representing her father and that he is the sole owner of this property. Mr. Ed Windler is here to represent our views on this property' Mr. Windler said he wanted to explain why Mr. Moussa does not want to be annexed. Mr. Moussa is not a developer by trade and has spent most of his time in import business. It has been difficult for him in these times to borrow the money to develop this land. Sometime back he came and asked for annexation but in the course of doing this found the cost for developing was more than he could do. Mr. Moussa asked for this annexation to be withdrawn because he could not finance the development of the property. Across this State communities are coming up and helping these people to develop by allowing Special Utility Districts. This district creates the ability to bond and gives the money needed for water and sewer and drainage. This is paid back over a long period of time. Mr. Moussa was in hopes this Council would allow this, I came before you telling you what Mr . Moussa' s plans were. After telling you about this, the next thing we new was that the City was going to annex him. Mr. Moussa did not know about the work session on this property and could not be there. This seems a little bit unfair. If Council does not want Mr. Moussa to create a Special Utility District, then say no, if this is in your ETJ. That no has never gone to Texas Water Commission and come out a special utility district. Mr. Moussa has never filed the petition for this special utility district. After filing this, the Council has 120 days to respond with an answer. Then you have six months to try and reach an agreement between Mr. Moussa and the City of Wylie. Mr. Moussa is not in a position financially to develop this land without a Special Utility District. Mr. Moussa will withdraw if Council does not want him to put in the district. State Law used to be real loose about de-annexing land from your City once it is in. I was not talking about annexing this property into your City. Upon being forcible annexed a person has the right to force these services from the City in a certain time period. The services I am referring to is Fire, Police, Water and Sewer. Mr. Moussa would have to force the City for these services if you annex him. He does not want to do this, but you will force him to if you annex him. Remember the land is separated from you and you can not reach it. The only reason this is in your ETJ is due to your Lake Annexation. Remember these land annexations would have to be done ? properly and in accordance with State Law. Mr. Windler stated in his opinion these annexations have not been done in accordance with State Law. You could be challenged on these annexations. Wouldn 't it be simpler just not to annex this property instead of forcing him to be annexed. Mayor Pro Tem Fulgham asked if Mr . Windler did not state he was filing the papers on the following Monday. Mr. Windler said he did not file them. Councilman Crane said is seems suspicious that Mr. Moussa would fight the annexation which cost so little in taxes. I find myself wanting to be sure of no special utility district and the surest way is to annex the property. The most positive thing we can do is to annex the property and create the best type of development. Mr. Windler said if annexed, it changed the taxes and the ways of development. Mayor Trimble said how does it change it. Mr. Windler said it is subject to roll back taxes and why not go ahead and annex your entire ETJ. Mayor Trimble said it was stated directly that you would file the papers for the special utility district. Councilman Martin said the questions now is annexation and it seems to me that it would be beneficial to Mr. Moussa for this to be annexed and the City furnishing utilities. Mayor Trimble said is it Mr. Moussa' s intent to fall back- and set on the land and not develop it or anything. Mayor Trimble said the City does not want substandard development. Councilman Crane said the City just lost several 100 acres over a boundary dispute, I do not want this to happen again. There has been no good reason given here tonight on not annexing except for the taxes. The taxes are not that large. Mr. Windler said right now, if the property were annexed, a person would have to sit on it for a long time. City Manager Gus Pappas said it was his belief that Mr. Moussa wants the Utility District in order to get the bonds for the money to develop this land. Councilwoman Donovan said when we annexed the lake it was to help with sub division in our ETJ. City Manager Gus Pappas said we have limited authority on sub division but not on the zoning or density or use of the property. Councilwoman Donovan said she could not see a long drawn out procedure on this and would go along with what Planning and Zoning wants to do, stop the annexation. Councilwoman Donovan said if the City has to serve this area, we would need police and fire and Gus said we would probably put in a sub station. Councilwoman Donovan said this was a long distance from our City. City Manager Gus Pappas said the cost of water and sewer is borne by the developer . The cost of installing is on the developer not on the City. The cost of soft service such as fire and police, is if no one lives there we fight fires and we do that now. Councilwoman Donovan said we had nothing to loose if we stop the annexation. Mayor Trimble asked City Manager Gus Pappas if he knew of anything that is wrong with this annexation. City Manager Gus Pappas said if we continue with the annexation, he is entitled to water and sewer plans and I will prepare them right away. The property owner was sent a certified letter with our intent to annex and this is a step that we do not have to do by law. Mr. Windler said he has no doubt that this process for annexation on this property and on the lake annexations are not within the law. Isn' t it true that if Mr. Moussa had not come here and asked for this Special Utility District you wold not have annexed him. Mr . John Pierrel of 604 Stoneybrook said since the council ' s last meetings, he has talked with other cities and they wish they had never allow the MUD or gone into a MUD. I as a taxpayer do not want this City to have to purchase this and add to my taxes. My taxes on my home are more than Mr. Moussa will be paying on this land. Cities should not get themselves in a position where they have to buy these districts and I want you to take steps to keep this from happening. Stewart Wallace who is the Mayor of St. Paul said in regards to providing services to this property, the City of Wylie will have to go through St. Paul . St. Paul would like a study on this property as some of it is within our ETJ. St . Paul is concerned about services coming through our city without us getting any benefit. Mayor Trimble asked Mr. Wallace about St. Paul ' s feelings on the MUD. Mr. Wallace said they were working on a response and the clock has started on their 120 days. The petition was filed last week. Mr. Windler said they went to St. Paul prior to filing this document and received a letter form St. Paul encouraging us to file. City Manager Gus Pappas said it appears that Council wants this to go to the second public hearing. The other thing is that what complete assurance we get without annexation. City Manager Gus Pappas suggested that Mr. Moussa' s attorney and the City Attorney get together and show us there would no MUD without annexation. Councilwoman Donovan wanted to know where we were with Lucus. City manager Gus Pappas said he has not heard from Lucus since the letter he mailed. PUBLIC HEARING ON THE AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE CHANGING THE REAR YARD SETBACK IN SF3 FROM 25 FT. TO 20 FT._: In our current zoning ordinance you must have a 25 ft. rear set back line off the property. There is no law that states this, but this is what our ordinance is set at. The only question you might have is can you park a car in this 20 feet. You can park a super cab pickup within this 20 feet, but you cannot walk in front of it or open your garage door if it pulls out. Councilman Crane said he preferred to hold with Planning and Zoning recommendations. Mayor Pro Tem Fulgham said he did not care to here from the developer, he was Chairman of Planning and Zoning when this ordinance was written and it was found to be very difficult to set this lower than 25 feet. If a child went behind a car then he/she would be in the alley. Code Enforcement Officer Roy Faires said he has checked with other cities and Plano, Sachse, Richardson and McKinney will not allow a house with a 20 foot set back. Mr. Jim Douglas said several cities do have 25 ft. set back. Plano does allow us to use a Planned Development in order to take care of these situations. Does it matter if you have / 20 or 25 feet because with a fence you still do not see a child. These problems were brought to the attention of our management team, but were not corrected prior to us putting in the development. Both the City staff and the Planning and Zoning Commission told us these lots were too shallow. Since then this management team has been replaced. These lots are just setting there growing weeds. This would be fair to the entire City. If this is not developed out, what is going to happen. Is your tax base greater on empty lots or built out lots. We are just trying to correct a mistake that was made in our management team. If you do not want to change this for the entire City, then suggest we go to the Zoning Board of Adjustment or go to a Planned Development. We just want to correct this. Mayor Trimble asked how many lots had this problem. Mr . Douglas said approximately 90 lots. Mayor Trimble asked Councilman Crane what he thought. Councilman Crane said before a builder lets a lot set there and interest run, he will go back and get something done so he can build. Mayor Pro Tem Fulgham said he was not willing to change the ordinance. Councilman Westerhof said he could not see changing this ordinance. City Manager Gus Pappas said this could not go to the Zoning Board of Adjustments. Mayor Pro Tem Fulgham said it was not a variance. Mayor Trimble asked if there were any other questions, there being no other questions the public hearing was closed. APPROVAL OF AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE: This amendment to the Comprehensive Zoning Ordinance is to change the rear yard setback in SF3 from 25 Ft' to 20 Ft. Motion was made by Councilman Crane to deny this request and leave the Comprehensive Zoning Ordinance with a 25 Ft. setback for SF3. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane -in favor, and Councilwoman Donovan -in favor. This motion carried with all in favor to deny request for change. PUBLIC HEARING ON THE REQUEST FOR A SPECIAL USE PERMIT BY THE MINISTERIAL ALLIANCE TO OPERATE A DISTRIBUTION CENTER FOR FOOD-AND CLOTHING: This property is located at 204 North First Street. The Ministerial Alliance of Wylie has applied for this special use permit, in order to establish a distribution center for clothing and food for families in need. All City churches and those in the immediate area are participating in this in order to serve those in the community. Clothing and food items will be brought to this location, sorted and shelved and warehoused. Planning and Zoning recommends approval with a unanimous vote. Mayor Trimble opened the public hearing, there being no questions or opposition, the public hearing was closed. AUTHORIZATION TO THE CITY STAFF TO ISSUE A SPECIAL USE PERMIT TO THE MINISTERIAL ALLIANCE TO OPERATE A DISTRIBUTION CENTER FOR FOOD AND CLOTHING: This permit is to be reviewed on a yearly basis. Motion was made by Councilman Martin to grant authorization to the City Staff to issue a special use permit to the Ministerial Alliance to operate a distribution center for food and clothing. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor' This motion carried with all in favor. CITIZEN PARTICIPATION: There was no citizen participation at this time. AUTHORIZATION TO DRAFT LETTER REQUESTING FROM COLLIN COUNTY A FUND TRANSFER TO CONSTRUCT "S" CURVE AT KIRBY/STONE TO S. BALLARDL This will afford us the possible opportunity to get a straight street through this area. This is an expensive project and the only way Wylie could do this is with the help of County unless we wait for some time in the far future. Councilwoman Donovan wanted to know what this did to the existing Stone Rd. City Manager Gus Pappas said probably keep it and it would not have as much use. The reconstruction to Birmingham is stopped because of drainage and Stone was stopped until this issue is settled. Councilman Martin said what happens to the road to move the South traffic. City Manager Gus Pappas said this would accomplish a straight route on FM 544 and going out Stone. This would take out the dog let and make it a through street. We are not going through condemnation but buying these properties at their current value. Councilwoman Donovan wanted to know the time frame. City Manager Gus Pappas said as soon as all the paper work in County is finish, the money would be transferred to us and then we would contract the street work out. This takes two actions by the council , this one to draft the letter and then to approve the contract for the work. Mr. I . W. Santry from the Engineering Department said the State has indicated that they would make this FM 544 when the work is complete. Mayor Pro Tem Fulgham wanted to know if we drafted this letter does the funds have to go to this street. City Manager Gus Pappas said there is some latitude on moving some of these funds. If you have remaining funds, they can be use them for improvements on Hwy 78 and Kirby, but you have to state in your contract that this would be done if there was monies left. Motion was made by Councilman Martin to grant authorization to the City Staff to draft a letter requesting from Collin County, a fund transfer to construct "S" curve at Kirby/Stone to S. Ballard. Seconded by Councilman Crane. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF TASK ORDER #3 FROM CH2M HILL: Mr. I . W. Santry of the Engineering Department said that the application for the amendment for Wastewater treatment plant has been filed and we are in receipt of a letter from Austin stating they have received it. The total estimated cost of the existing plant improvements design and construction services is $62, 900. Some of the items listed on this task order have been or are in the process of being done. Replacement of the manual bar screen in the influent pump station is being done, the sludge drying beds are being built, the Chlorine contact basin has been finished. Mr. Santry stated that it was his opinion that due to the fact that we have done so much already that we can come out better than the estimated $62, 900. Staff recommends approval of this task order. This money is expended from the Impact Fund. City Manager Gus Pappas said as we do the improvement phase, Mr. Santry and Mr. Windham will make suggestions to CH2M �� u« Hill to do these improvements if it will do the job without going to the second clarifier. Motion was made by Councilman Martin to approve the Task Order #3 from CH2M Hill . Seconded by Mayor Pro Tem Fulgham' The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. AUTHORIZATION TO CHANGE SCHOOL ZONES ON FM 3412 AND FM 544:_ Councilwoman Donovan stated that she and Councilman Crane had been working with the school and the highway department to have flashing lights on Stone and on Brown Streets' These ordinances will bring the speed down to 15 mph below the regulatory speed. This also moves the signs about 100 ft. further out. These ordinances are needed in order to get the flashing lights installed by the state. Motion was made by Mayor Pro Tem Fulgham to approve the ordinances changing the school zones on FM 3412 and FM 544. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. PARTICIPATION IN COLLIN COUNTY OPEN SPACE PLAN PROJECT- This is an opportunity for the City to participate in the Collin County Open Space Plan Project and might even receive some funds for the development of some of our planned park areas. The documents requiring specialized planning can be prepared by the Engineering Department and at your direction a letter of application can be drafted by the staff and forwarded to the correct department at Collin County. Motion was made by Mayor Pro Tem Fulgham to approve the participation of the City of Wylie in the Collin County Open Space Plan Project. Seconded by Councilman Crane. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: Councilwoman Donovan asked City Manager Gus Pappas what kind of time frame on getting the new school zone signs. City Manager Gus Pappas asked Mr. Windham if there were any in the warehouse. Mr. Windham said no, and it would take about six weeks to get the signs in. Councilwoman Donovan wanted to see the monthly reports from the Texas Water Commission. City Manager Gus Pappas said he thought that they were receiving them, and they would be put in their boxes. Councilman Crane would like to see the city support the Ministerial Alliance by putting a proclamation on the next agenda. City Manager Gus Pappas said this is the time of year, just prior to the election that the Council can vote themselves a pay increase. This can only be done for the council positions on the ballot and is authorized by the Charter to be done at this time. Council did not want to do this at this time. APPROVAL OF DRAW #4 BY SPEED FAB-CRETE FROM MUNICIPAL COMPLEX CONSTRUCTION FUND IN THE AMOUNT OF $178, 986. 05. : Staff recommends approval of draw #4 in the amount of $178, 986. 05. Motion was made by Mayor Pro Tem Fulgham to approve draw #4 in the amount of $178, 986.05 by Speed Fab- Crete. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor' APPROVAL OF FINANCIAL ADVISORY CHARGE FROM FIRST SOUTHWEST. C[ n_: This payment is for the services related to the issuance of the $135,000 in equipment notes which was funded thru the Personal Property Finance Contract for the acquisition of the Allen Ambulances and other public safety equipment. The staff had budgeted $10, 000. for this service but the statement received is for $7, 617. 00' Motion was made by Councilman Crane to approve the $7, 617.00 payment to First Southwest Co. for services rendered. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVAL OF CHANGE ORDERS ON MUNICIPAL COMPLEX: There are two change orders which need Council action. The first one there is additional charge for the additional pass of lime stabilization, change sign from Wylie City Complex to Wylie Municipal Complex , testing, insurance for changes listed and addition of shower (fiberglass) in the Women' s Room 158. This change order has a total adjustment charge of $6, 842. The second change order is for furnish and install 22 pole lights for parking area, at no charge, underground telephone conduit system at no charge, underground conduit from building to N. E. corner of property with a charge of $2, 307. and underground primary conduit, provide HVPC with electric heat strips, no heat pumps, provide HVAC with propane/natural gas heat per contract both at no charge, install underground primary conduit to N. E. corner of property and delete the 1 , 680 feet of 8" curb along both entry and exit drives, cost of $11 , 088, provide HVAC with electric heat strips and heat pumps at a cost of $17, 760. After a lot of discussion of electric heat versus propane/gas heat, the Council chose to go with propane and an option to change over to natural gas if and when it gets out to the new complex area. The total cost adjustment for the second change order using propane gas is for $1 , 375. The total cost adjustments for both change orders is for $8, 217. 00. Motion was made by Councilman Crane to approve the change orders for a total cost of $8, 217. 00. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Martin - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Mayor Trimble recessed the open meeting and convened Council in Executive Session under the authority of Article 6252-17 of V. A. C. S. Section 2, paragraph "g" , personnel matters for annual evaluation of the City Manager . Mayor Trimble reconvened Council into open session, there being no decision to be made from the Executive Session, Mayor called for a motion to adjourn. Motion was made to adjourn with all in favor. Chuck Trimble, Mayor ATTEST: CALLED CITY COUNCIL MEETING - MINUTES MARCH 17, 8987 7:00 P. M. ^ The Wylie City Council met in a called session on Tuesday, March 17, 1987 at 7: 00 P. M. in the Reta and Truett Smith Library. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham (arrived late) , Council Members William Martin, Calvin Westerhof , and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson. Councilman Crane was absent due to illness. Mayor Trimble called the meeting to order and Councilman Westerhof gave the invocation. HEARINGPUBLIC ON THE SANITATION FRANCHISE CONTRACT This contract will take the place of the one with Moore Industrial . This contract has been written by the City Attorney for the City of Wylie and has been reviewed by the city staff . BFI has bought Moore Industrial and is requesting a new contract. Along with this contract is the settlement for the landfill . As Council will recall , the landfill was leased by Moore Industrial with the understanding that they would be responsible for the permit and upkeep of this property under the terms of the lease agreement. Moore has defaulted on the terms of the lease agreement and is behind in their payments to the City of Wylie. BFI is giving the City of Wylie a $25, 000. settlement for the landfill lease agreement. Moore Industrial is behind in payments in the amount of $43, 125. 00. Later on this evening the Council will also be asked to grant a rate increase to BFI for the refuse services. Mr. John Akin, 303 N. Keefer said he was Mayor at the time this contract was negotiated. Moore was concerned about doing two things, one was to be allowed to open the City of Wylie` s old landfill and the other was to build a building for their offices as well as for the City of Wylie Public Works Department. These buildings were to be built on the front of the old landfill property. Moore agreed to pay the lease payments on the landfill and to be responsible for the permit and all the work that needed to be done on this property. I believe that BFI should have checked the situation out more before purchasing Moore Industrial . Since BFI has bought out Moore, then I believe it is their responsibility to pay the lease agreement to the City of Wylie. It is bad business to do this sort of thing to people and BFI should pay what is due to the City of Wylie. City Manager Gus Pappas said if it went to court it would be based on the oral conversation with Moore. There are witnesses as to what was said in the meetings with Moore. City Manager Gus Pappas said Mayor Akin did warn Moore to check the agreement before signing it and be sure that was what they wanted. Councilwoman Donovan wanted to know how many vendors there were that could bid on this contract. Finance Director James Johnson said four or five in this area. The City of Wylie' s contract is up with BFI (Moore) in November , 1987' Mr. Johnson also stated that this new contract has several things in it he has tried to get done in the past year. One is the complaints go directly to BFI and the another is that BFI would bill the dumpster customers. Councilwoman Donovan �� ' wanted to see Council go out for bids. Mr . Johnson said Council could go out for bids, but there were procedures to follow. A representative from BFI said that BFI did do a thorough investigation prior to purchasing Moore Industrial . Moore did not tell BFI anything about a lease agreement with the City of Wylie for the landfill . BFI has been operating at a very low rate for about six months, and do want to work with the City of Wylie. City Manager Gus Pappas stated that Council has a right to go out for bids, but the bids coming in will probably not offer any lower rates than what BFI is offering. BFI rates are very compatible to the other cities around us. The services offered are standard. Council should be aware that if the landfill is not settled, it will constitute a lawsuit. If we loose in court, it may mean paying back all monies that the City has collected on this agreement' Councilman Martin wanted to know at the time BFI purchase Moore should the City have gone out for bids at that time. Mr. Johnson said no, the staff checked with the City Attorney and since the City was under contract with Moore and BFI purchased their contracts, we did not have to go out for bids. Mr. Johnson said that BFI could not operate on the rates that the City is now paying. Mr. Johnson said he did the rate study himself and he would not recommend BFI operating on the existing rates. If Council does not sign the contract, BFI could give us a 30 days notification and then we would have no refuse collection for the City of Wylie. The representative from BFI said that they handle twenty-six (26) cities in this area and their rates are a lot higher than what Wylie is paying. Mayor Trimble asked Mr. Johnson the total loss value to date. Mr. Johnson said the loss through February, 1987 was $43, 125. 00. Mayor Trimble asked Mr. Johnson what the 5 year contract loss would be. Mr. Johnson said he would have to figure that. Mayor Trimble wanted to know if the Council could go after the five year contract. Mr. Johnson said no, only what is delinquent. Mayor Trimble called for other questions or comments. There being none, the public hearing was closed. SETTLEMENT AND CANCELLATION OF EXISTING LANDFILL Councilwoman Donovan said her understanding is that if we went to Court and won, the city would get $43, 125. plus. Mr. Johnson said no, just what is delinquent. City Manager Gus Pappas said the settlement offers you to keep all monies ` collected in the past plus $25, 000. from BFI . BFI is paying $25, 0000 of the $43, 125. that is delinquent. If you accept this then the lease will be void. City Manager Gus Pappas stated that Council did have the right to go into executive session and discuss this matter with the City Attorney. Councilman Martin said he was not prepared to vote on this matter tonight. Motion was made by Councilwoman Donovan to table this item until later. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor to table. AWARD OF SOLID WASTE (SANITATION) FRANCHISE: Motion was made by Councilman Martin to table this item. Seconded by Councilwoman Donovan. The vote was as follows: Mayor /I Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor to table' PUBLIC HEARING ON THE RATE TO BE CHARGED FOR SANITATION SERVICES IN THE CITY OF WYLIE: Mayor Trimble opened the public hearing, there being no questions or comments, the public hearing was closed' APPROVAL OF SANITATION RATE ORDINANCE: Motion was made by Councilwoman Donovan to table this item. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor - Councilman Westerhof - in favor, Councilman Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor to table. City Manager Gus Pappas asked Council for a date to try and set up a meeting with the City Attorney. Monday, March 23, 1987 at 7: 00 P. M. was decided on by the Council . APPROVAL OF FINAL PLANS FOR THE MUNICIPAL COMPLEX: Councilwoman Donovan wanted to know if now was the time to decide on the smoking - non-smoking for the new city complex . City Manager Gus Pappas read the results of the survey taken from the City Employees on smoking - non smoking in the new city complex . Motion was made by Mayor Pro Tem Fulgham to approve the final plans for the municipal complex . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Councilwoman Donovan brought up the subject of the new signs needed for the school zone areas and which ones were needed. Mr. Johnson was given a list of the signs. Also bought up the fact that there was no crossing guard at Highway 78. City Secretary told the Council that she has advertised and the school has put articles in their monthly newsletter but as of this date no one has applied for the position. Councilwoman Donovan also wanted to know the cost of putting in the two hundred (200) feet of sidewalk at the Birmingham Elementary School . The school has told Councilwoman Donovan that they would pay part of this. Also, doesn' t the side walks have to go in in Commercial areas. City Manager Gus Pappas said there are no side walks in the sub division ordinance where commercial property is being built . Councilwoman Donovan wanted to know if the ordinance could be amended for this. City Manager Gus Pappas gave to Council the book on Roberts Rules of Order and a memo with a list of other cities that had been contacted about their rules of procedures. City Manager Gus Pappas also told Council about a meeting in Austin on Friday at 2: 00 P. M. with the Texas Water Commission Board. If any of the Council would like to go, please let me know in order that arrangements might be made. Motion was made to adjourn with all in favor. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary � ^ MINUTES PARKS & RECREATION BOARD MEETING REGULAR MEETING TUESDAY, MARCH 3, 1987 The Parks & Recreation Board for the City of Wylie, Texas, met in a regular session on Tuesday, March 3, 1987 at 7:00 P. M. at the Community Room at 800 Thomas Street. Notice of the meeting had been posted for the time and in the manner required by law. Those present were Vice-Chairman Curtis Hale, Mr. Morris Love, and Mr. John Morgan, Mrs.' Jayne Chapman, Mrs. Peggy Sewell, and Mr. Willie Benitez. Representing the staff. was Mr. Gus Pappas, City Manager; Mr. W. W. Windham, Director of Public Works, Mr. Ken White, Parks Superintendent and Susan Marquardt, Secretary. Vice-Chairman Curtis Hale called the meeting to order at 7:00 P.M. ITEM NO. 1 - APPROVAL OF THE MINUTES - Vice-Chairman Curtis Hale asked if there were any corrections or additions to the minutes. Hearing none, a motion was made by Mr. John Morgan to approve the minutes as submitted. Motion seconded by Mrs. Jayne Chapman. Motion carried 6-0. ITEM NO. 2 - ELECTION OF CHAIRMAN - Vice-Chairman Curtis Hale asked for nominations for chairman. Mr. John Morgan nominated Vice-Chairman Curtis Hale. Seconded by Mrs. Jayne Chapman. Motion carried 6-0. ITEM NO. 3 - ELECTION OF VICE-CHAIRMAN - Chairman Curtis Hale asked for nominations for vice-chairman. Mrs. Peggy Sewell nominated Mr. John Morgan. Mrs. Jayne Chapman seconded the nomination. Motion carried 6-0. ITEM NO. 4 - LIGHTS FOR 4TH BASEBALL FIELD- Mr. John Morgan opened the dicussion by asking if we could explore a way to finance lights for the 4th baseball field•. He asked if there was any other means rather than a bond issue. Mr. Gus Pappas, City Manager asked if he had a figure? Mr. John Morgan replied, about $50,000.00 or less. He had talked with an electrican, Randy White and he stated the ball park figure was around $35,000.00 to $40,000.00. Chairman Curtis Hale asked if we could pay it out? Mr. Gus Pappas, City Manager replied that Citys are forbidded by law to take out a note at the bank and pay it back say in 3 years. It has to be done on a bond issue or a lease purchase. But we would not be able to go that way because that is not a thing, it 's an add on improvement. Mr. Gus Pappas, City Manager stated that he would look into it and get back to the board. He also stated that he thought the price was low. Mr. Bill Windham, Director of Public Works stated that //c he thought light would cost more like $65,000.00 to $70, 000.00. Mrs. Peggy Sewell asked how many fields were lite? Mr. Gus Pappas, City Manager replied, three (3) . He also went on to say that this would be cheaper to do this field because two (2) of the poles we need are already there Mr. John Morgan stated that there were two (2) at each dug out sides. Mr. Gus Pappas, City Manager went on to say that we would have to put a bank of lights on the exsisting poles and then you'd have to put two (2) poles in the ground and then run special underground cable. Mr. Gus Pappas, City Manager asked Mr. Bill Windham, Director of Public Works to see about getting some cost estimates on the lights. Mr. Bill Windham, Director of Public Works asked Mr. John Morgan to have the gentlemen he had talked with to also give a complete cost estimate. Mr. Gus Pappas, City Manager stated that this is a beginning point and he'd try to find a way to fund it. Mrs. Jayne Chapman asked if any of the work could be donated? Mr. Gus Pappas, City Manager replied that you can usually get the work done, but the materials are very costly. Mrs. Peggy Sewell stated that if we can 't do it right, then we need to wait on it. Chairman Curtis Hale asked Mr. John Morgan if we needed them for this season? Mr. John Morgan replied, no, probably by next year. Chairman Curtis Hale stated that he noticed that Garland was starting to haul clay onto the fields, but hadn 't started to spread it yet. Mr. John Morgan replied that as soon as it dries out, we are going to get started to shape the diamonds so that they will drain better this year. He also stated that he had been trying to get a price from Rocky Stone. Chairman Curtis Hale asked if anyone had anymore question regarding the lights. Mrs. Jayne Chapman asked if companies compete or do they just don 't want jobs like this. Mr. Gus Pappas, City Manager replied that this is done by electrical contractors. Mr. John Morgan asked if they could also look at the poles that short out. Mr. John Morgan asked the secretary if she had found the information on the bleachers to get them ordered. Mrs. Susan Marquardt, Secretary replied that they were already on order. Mr. John Morgan said that when they came in WSA would put them together. He also asked if we should bolt down the bleachers to the concrete? Mr. Gus Pappas, City Manager replied that he wouldn 't so that they are portable and could be moved. Mr. John Morgan informed the Board that we have some scorebords that have never been used. It was his opinion to mount them on a removable stand and start using them behing the backstops. ITEM NO. 5 - CITIZENS PARTICIPATION - There was none. Mr. Gus Pappas, City Manager asked if he could have the floor. He stated that he doesn 't have everyones priority list in. The only way we can average them out is to get all the sheets in. He also mentioned that he had added abbreviation to lthe locations of items which would make it easier to caterize them. Mr. Gus Pappas, City Manager passed out some correspondance in regards to some soccer fields. He stated that a few weeks ago that there was some undeveloped land out in Wylie. The developers wouldn 't farm it or develop it, so I wrote some letters to the developers to see if we could use the land on a temporty basis for soccer and football fields. This land would have no permanent improvements to it. Maybe some soccer backstops, bleachers and 55 gallon drums for trash cans. He stated that he had received one response from one of the letters. The property that I am talking about is across the creek. He would be happy to allow us to use his property like that. I took the contract to the City Council and had it approved and sent it off to him. The program will allow us to use land like this as the developer comes on it they will give us sixty (60) days notice to get off his land. We would pick up our bleachers, backstops and move to another piece of land. I want to try and keep five (5) or six (6) on hand until eventually the park dedication has a permanent place for these fields. We will go to the City Council if you approve this tonight to see if we can get the City Council to finance about 12 bleachers, 12 goals and 24 55 gallon drums for trash cans. This would get us going on six (6) soccer fields. After some discussion it was unaniomous on this program. ITEM NO. 6 - ADJOURNMENT - Mrs. Peggy Sewell made a motion to adjourn. Mr. John Morgan seconded the motion. Motion carried 6-0. Curtis Hale, Chairman Parks & Recreation Board Respectfully submitted: Susan Marquardt, Secretary /5/ VANS110001010—. .., A -r-i1` .+.r d a. -' is yr..' n - -F'''-,:f• . ,:.,,w...1,A,..:,,,,ic:,..,, . LI<Viv--,4, -;'r" Office of the .1ayor IH1tir,s Orxas III' rottaination ,c ) WHEREAS, The City of Wylie appreciates the dedication, concern unselfish attention, and physical and spiritual care provided to our citizens and our City through the Ministerial Alliance; and WHEREAS, The City of Wylie recognizes that spirit of dedication and concern from the group of citizens known as Ministerial Alliance; and, WHEREAS, The City Council of the City of Wylie wishes to publicly acknowledge and dedicate their support; NOW, THEREFORE, I, CHUCK TRIMBLE, MAYOR OF THE CITY OF WYLIE DO HEREBY PROCLAIM THE SUPPORT OF THE CITY OF WYLIE TO THE MINISTERIAL ALLIANCE v d A: iill`w 0' • , ,V 4 401' /, 4 Jn witness wkc.iof J have Lteunto set my 1QJ II. t'` Nit t%6 and caused gt seat of gis city to be affixed. cllayo: ate March 24. 1987 a, •4 / • M E M O R A N D U M DATE: 19 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P. E. , City Engineer • SUBJECT: F'lat and/or Plans Approval • efTL The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Plat to Planning and Zoning ❑ Preliminary Plat to City Council ❑ Final Plat to Planning and Zoning L.Final Plat to City Council ❑ Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivision acceptance along� with final inspection statement t COMMENTS: ' - / b t ` 0nDq t'ntS: vs,�-�Qt).00:, IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File • Five bid packets mailed out - - - one bid received in time for bid opening, - one bid received at 3:25 P.M. after bids were opened. BID NUMBER 3-87 The mobile radio shall consist of a radio set, control head, speaker, microphone, and necessary cabling to operate in the 150-174 MHz band. It should incorporate a digital frequency synthesizer controlled by an erasable, programmable, read only memory (BE PROM). The oontrol head shall contain all options and sooessories in one small package. A back-lit alphanumeric display should indicate channel seleotion. The radio should meet We following specifications: 1. 32-channel capability 2. Siren with 5 functions 3. Auxiliary switch panel A. Operator select channel scan with 2-level priority 5. Public address system 6. Meet MIL STD 810-C and MIL 810-D 7. Transmitter TOTAL RADIO Unit Price $i,n n.00 Total oinn_no A. Output: 100 watts variable to 55 watts B. Spurs and Harmonics: 70 dB below carrier C. Frequency Stability: + .0002% of assigned frequency D. Frequency Separation: 24 MHz E. FM Noises -55 dB TOTAL TRANSMITTER Unit Price Total 8. Receiver A. Frequency Stability: + .0002% of assigned frequency B. Maximum Frequency Separation: 24 MHz C. Sensitivity: .35 uY D. Intermodulation: 85 dB E. Selectivity: 90 dB P. Audio Output: 15 Watts TOTAL RECEIVER Unit Price " Total TOTAL PACKAGE $ 6,100.00 this price is for (2) two radios only. delivery is app. 6 weeks from time of reciept of order at the plant. • M E M O R A N D U M DATE: M RCN f 7 TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P. E. , City Engineer SUBJECT: Plat and/or Plans Approval W.4"TG-err C6N--e P/4.14-5-e The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Plat to Planning and Zoning ❑ Preliminary Plat to City Council ❑ Final Flat to Planning and Zoning Q4Final Plat to City Council //Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivis.ion acceptance along with final inspection statement COMMENTS: �j E c fvl-tl'?LN.O 4 P p/24,v lac c c5p7, B[� Z . IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File • M E M O R A N D U M DATE: IIA Qc}4 ¢,, / 87- TO: Gus H. Pappas, City Manager FROM: I . W. Santry, Jr. , P.E. , City Engineer SUBJECT: Plat and/or Plans Approval WEs-r C/A-7"- 149`F /A.SL" LL The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Plat to Planning and Zoning ❑ Preliminary Plat to City Council ❑ Final Plat to Planning and Zoning Final Plat to City Council Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivision acceptance along with final inspection statement COMMENTS: TeL Df4`1er-N-- ADpia& 7 F= Ac c �PT�1F �1 IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD , (Formerly Saner, Jack, Sallinger & Nichols)( ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE H.LOUIS NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave.Suite 707 t LAWRENCE W.JACKSON 500 N. Akard Dallas,Texas 75225 TIM KIRK (214)692-1218 ROBERT L.DILLARD III Dallas, Texas 75201 ROBERT D.HEM/HILL (214) 954-3333 ROBERT E.MAGER PETER G.SMITH ROY L.ARMSTRONG March 2• 1987 DAVID M.BERMAN ROBERT L.DILLARD.JR. JOHN r.ROEHM III OF COUNSEL BRUCE A.STOCKARD PAM CANON.EUDARIC Mr. Gus H. Pappas City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Re: Disposition of Unused Property Dear Gus: You have asked me for an opinion concerning the method of disposing of several pieces of old equipment belonging to the city that the city no longer needs. You stated that this is not a significant amount which would justify public auction, but that the city did need to dispose of it in some way. Have the City Council make a motion which would be reflected in the minutes making a determination as to what the current market value is for the property to be disposed of. They should make this determination even if the value that they set is some negligible amount. You could then dispose of the property at private sale for an amount not less than the amount established by the City Council so long as the purchaser is someone not associated with the city. If the property has no value at all or a value so small that it would be uneconomical to even attempt to try to sell the property, then have the City Council make that determination and the property could be sold for $1.00, given to another city who might be able to use the property or junked. Since you have not specifically listed what items of property you are talking about, on retrospect I should advise you that if the property involved concerns weapons, liquor, or any matter that the Police Department has acquired as evidence or which has been impounded by the city and is considered abandoned property, then we would need to take a different approach. If you have any further questions, please give me a call. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK ac DILLARD By wrence J ckson LWJ/sb WOP87-0302 �O Year Model Description 1965 Chevrolet 60, 6 yard dump truck 4C623-S-203829 1967 Continental Motors Air Compressor G193-2224 unkown Vibro Plus Roller Type CG11 1106262 1970 Ford 50 18 ' Flatbed C55385117054 1969 GMC 3500 1 ton Truck CS30V-SA21998 unkown Tar Kettle unkown John Deere Front End Loader 737469 unkown Fire Truck Tank unkown Ford Truck Bed unkown Mobile Sweeper 1-TE-3 31145 1977 Ford F-100 Flat Bed Truck F10BLY53590 1966 Galion Motor Grader " 104HGC06758 unkown Pull Sweeper ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE N0. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ri ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of 1 a the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: 253 acres out of the Orpha Shelby Survey, Collin County Abstract 799; 138 .0 acres out of the Leroy Farmer Survey, Collin County Abstract 334; and 65.0 acres out of the Josiah J. Turnham Survey, Collin County Abstract 919 , total 456 acres. (Legal description attached as Exhibit "B" .) SECTION 2. It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY _ 2 c3 EXHIBIT "A" PROVISION OF SERVICES TO LAND ANNEXED INVOLUNTARILY POLICE PROTECTION AND ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance, Police protection will be provided to your property. You, as the property owner, and any other person residing on that property shall be entitled to response and enforcement of State and local laws. You may contact the Police of the City of Wylie at 442-2222. Regular patrols will be made of your property and all local ordinances in effect within the city limits of Wylie shall immediately be in effect on your property. You may also expect the enforcement of traffic regulations on your property and its perimeter. Such requests should be expressed to the Chief of Police of the City of Wylie. FIRE FIGHTING & FIRE CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance, your property and all structures or buildings which exist on the property annexed will be provided, without charge, fire fighting services. Should a fire of any magnitude occur on your property or in any structure on your property, a call to the City of Wylie Police/Fire number at 442-2222 will cause the fire department to be dispatched to the scene to combat the fire. In addition, new structures and existing structures will be subject to random inspection in order to insure the control of potentially dangerous fire hazards to both yourself and to your neighbors. ZONING AND CODES ENFORCEMENT: Immediately following the final vote by the City Council to sign the annexation ordinance your property will be subject to the enforcement of all the provisions of the current editions of the Uniform Building Code which sets forth basic policies on methods which are approved for new construction and remodeling. Such codes cover areas of construction, electrical, plumbing and mechanical and plans for any improvement on your property should be submitted following the date of annexation to the Codes Enforcement Office at City Hall for review and for the issuance of a building permit. There is a fee for this service and it is relative to the cost of the improvement. Zoning is a public process that will begin during the time your annexation is being processed. This action should be final shortly after your annexation is complete. Zoning is a public act by which the governing body of your City designates a particular use for your tract of land in order to provide for the orderly growth of the City. Any use which was in existence on your property prior to the completion of the annexation will be allowed to continue. This concept is called "grandfathered". Under the grandfathered provision, you may continue to use your property in a way that is not consistant with the zoning placed upon it by the public body; however, such use may not be expanded and if the use is discontinued it may not be reinstated. You may indicate, by signing the enclosed forms, any preference which you may have for the zoning designation to be placed upon your property. While you may not have been aware of it, while your property was in the county and was not within the city limits of any city, you did not have zoning protection; thus, your neighbors could have used their property for any purpose which may or may not have been consistant with your use or with the best use of the property in general . Zoning will protect your property and your area from that type of abuse and generally adds both to your personal security and to the value of your property. LIBRARY AND PARKS h RECREATION SERVICES: Upon completion of annexation, you and any residents of the property shall be entitled to the use of the City Library and our various parks and recreational facilities. This segment of our city services are undergoing a great deal of expansion and improvement and although they provide excellent services now, they will provide even greater service opportunities in the near future. Many of these services are provided free of charge to citizens to the City of Wylie, others are provided with the charge of a small user fee. You are entitled to pay the "in-city" rate for these services after your annexation is complete. ANIMAL CONTROL SERVICES: The City provides an animal control service to deal with problems associated with the control of both and large and small animals that either wild or domestic. This service is provided through our Public Works Department which may be contacted by telephone at 442- 7588. On completion of your annexation process, you may contact this office for any questions regarding this service. STREETS & DRAINAGE SERVICES: The City of Wylie operates a department charged with the responsibility of maintaining city streets and keeping existing drainage devices flowing properly. If your property abuts or contains drainage ditches or streets which are under the City's dominion and control, you may request, upon completion of annexation, that repairs or maintenance be performed upon these public facilities. These requests should be phoned to the Public Works Department at 442-7588. Upon receipt of your phone call and verification of eligibility these requests will be grouped and scheduled for an appropriate work period. Improvements to streets and drainage which are above the simple maintenance level involve a more complicated procedure of prioritizing and, in most cases, some form of financial participation between the City and the adjacent property owner. Should you desire this level of services, you should contact City Hall to discuss what improvements you had in mind and what financial arrangements can be made. WATER SERVICES: The City of Wylie provides potable water service to residents within it's city limits. In certain areas there may be a previously existing legitimate water supply corporation. If such is the case on your property, • then water service has already been provided. The City of Wylie will be happy to assist you in assuring that such provided service is adequate. Should you not be satisfied with services provided by such a water service, please contact City Hall with your complaints. We will be happy to act as an intermediary on your behalf to see what improvements can be made. If service is not currently available, the City, in participation with you and other property owners, will be happy to assemble a plan which provide water service within a reasonable distance from your proeprty. We have several plans available and need only arrange a meeting with you to decide which of the various plans is most suitable for your needs and financial situation. The City has numerous water service points within the area and should have little difficulty providing such service within a reasonable time after annexation. SEWER SERVICES: The City of Wylie owns it' s own sewage treatment facility and has divided the City into several large lift station districts. Your property will fall into one of these districts. Sewer service is being extended throughout the City at a rapid rate. In order to obtain sewer services to your property, you will need to contact City Hall following your annexation to discuss the specifics of extending such service. In • general there are fees and cost participation associated with initial provision of this service; however, each case is considered unique and only a discussion specifically involving your piece of property will be able to determine your actual fees and the time which will be necessary for such services to be provided. Exhibit "B" A tract of land situated in the County of Collin, State of Texas, being parts of the Orpha Shelby Survey, A-799, the Josiah J. Turnham Survey, A-919, the Mark L. Morris Survey, A-561 and the Leroy Farmer Survey, A-334 and being more particularly described as follows: BEGINNING at an iron rod marking the Northwest corner of the Orpha Shelby Survey, A-799, same being the Southwest corner of the Michael Millirons Survey, A-564; THENCE, North 89 deg. 45 min. 09 sec. East, 3007.66 feet along the common line between said Shelby Survey on the South and said Millirons Survey on the North, to a concrete monument marking the Westerly U. S. Government boundary line of Lake Lavon; THENCE, along said Government boundary line, South 03 deg. 55 min. 42 sec. East, 756.58 feet to a concrete monument; THENCE, Nort' 64 deg. 57 min. 24 sec. West, 833.99 feet to a concrete monument; THENCE, South 01 deg. 02 min. 27 sec. West, 549.89 feet to a concrete monument; THENCE, South 70 deg. 27 min. 19 sec. West, 1077.20 feet to a concrete monument; THENCE, South 51 deg. 12 min. 09 sec. West, 1404.85 feet to a concrete monument; THENCE, South 07 deg. 19 min. 53 sec. East, 74.79 feet to a concrete monument; THENCE, North 88 deg. 57 min. 46 sec. East, 2464.97 feet to a concrete monument; THENCE, South 29 deg. 19 min. 00 sec. West, 2603.07 feet to a concrete monument; THENCE, South 88 deg. 57 min. 46 sec. East, 572.93 feet to a concrete monument; THENCE, North 49 deg. 39 min. 26 sec. East, 1753.65 feet to a concrete monument; THENCE, North 61 deg. 56 min. 45 sec. East, 1093.61 feet to a ccncrete monument; THENCE. South 33 deg. 03 min. 17 sec. East, 1419.83 feet to a concrete monument; THENCE, South 64 deg. 29 min. 44 sec. East, 651.15 feet to a concrete monument; THENCE, South 44 deg. 09 min. 17 sec. West, 470.92 feet to a concrete monument; THENCE, North 76 deg. 08 min. 40 sec. West, 1056.27 feet to a concrete monument; THENCE, South 29 deg. 50 min. 44 sec. West, 904.26 feet to a concrete monument; THENCE, North 79 deg. 22 min. 51 sec. East, 758.14 feet to a concrete monument; THENCE, South 06 deg. 53 min. 31 sec. West, 907.24 feet to a concrete monument; THENCE, South 74 deg. 31 min. 36 sec. East, 64.46 feet to a concrete monument; THENCE, North 65 deg. 13 min. 40 sec. East, 805.68 feet to a concrete monument; THENCE, South 32 deg. 38 min. 22 sec. East, 297.05 feet to a concrete monument; THENCE, North 84 deg. 11 min. 30 sec. East, 255.88 feet to a concrete monument; THENCE, North 41 deg. 47 min. 01 sec. East, 367.18 feet to a concrete monument; THENCE, North 77 deg. 18 min. 22 sec. East, 1317.48 feet to a concrete monument; �44p THENCE, South 10 deg. 34 min. 24 sec. West, 600.44 feet to a concrete monument; THENCE, South 65 deg. 36 min. 47 sec. West, 17.19.07 feet to a cn^crete monument on the South line of the Josiah Turnham Survey, A-919, same being the North line of the Orpha Shelby Survey, A-800; THENCE, leaving said Government boundary line, North 88 deg. 48 ain. 10 sec. West, 649.87 feet along the common line between said Turnham Survey on the North and said Shelby Survey on the South to an iron rod at the Northwest curner of said Sh'lby Survey same being the most Easterly Northeast corner of the Mark L. Morris Survey, A-561; THENCE, South 00 deg. 14 min. 10 sec. West, 1309.90 feet along the common line between said Morris Survey on the West and said Shelby Survey on the East to a metal corner post of a chain link tence marking the Northeast corner of the St. Paul Catholic Cemetery; THENCE, North 89 deg. 10 min. 46 sec. West, 283.62 feet to a metal corner post marking the Northwest corner of said cemetery; THENCE, South 00 deg. 03 min. 58 sec. West, 283.79 feet along the West line of said cemetery to an iron rod on the North line of St. Paul Road; THENCE, North 89 deg. 47 min. 26 sec. West, 1805.07 feet along the North line of said road to an iron rod; THENCE, South 00 deg. 20 min. 49 sec East, 4.00 feet to an iron rod on the North right-of-way line of FM Highway 2514 (100 feet wide); THENCE, South 89 deg. 39 min. 11 sec. West, 1571.30 feet along said right-of- way to an iron rod; THENCE, North 45 deg. 56 min. 20 sec. West, 43.45 feet along a corner cut-off line to a wood post on the East line of Aztec Trail ; THENCE, North 00 deg. 56 min. 20 sec. West, 1823.20 feet to an Iron rod at the Northeast corner of Aztec Trail ; THENCE, North 00 deg. 22 min. 34 sec. East, 1884.91 feet to an iron rod in the South line of the Orpha Shelby Survey, A-799; THENCE, South 89 deg. 45 min. 08 sec. West, 1111.40 feet to an iron rod at the Southwest corner of said Shelby Survey, same being the Southeast corner of the Dennis Kinsaul Survey, A-502; THENCE, North 00 deg. 30 min. 52 sec. West, 4430.33 feet along the common line between said Shelby Survey on the East and said Kinsaul Survey on the West to .. the PLACE OF BEGINNING and Containing 25,830,928 sqaure feet or 592.9988 acres of land. SAVE AND EXCEPT: 136.99 ACRES OUT OF THE MARK L. MORRIS SURVEY ABST. 561 • ' A APPLICATION TO i Board of Adjustment and Appeals (Building) ORDINANCE 83-15 11111 Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 0 Planning and Zoning Commission ORDINANCE 81-5 NAME RDM Development (Wylie I) Joint Venture- ADDRESS 2608 Ave K, Suite 101, Plano, Texas, 75074, (214) 423-4625 LOT BLOCK SUBDIVISION RUSTIC OAKS, Section One, Phase Four BASIS OF APPLICATION: IInterpretation f1 Special exception for use or development UVariance Rezoning (—� Exception to Building Code EXPLANATION: To Rezone a portion of Section One, Phase Four, Rustic Oaks, from current "SF-3" and "2F", to "PD" Planned Development District. SIGNITURE of APPLICANT J rr DATE Must be accompanied by filing fee of $ $225.00 p k� �� 1 Received: Date: • CODE ENFORCEMENT OFFICER ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of _ RTM IZeyg1opmemt_(.Wy1ic—UJQint Yeat.shoul d be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: PLANNED DEVELOPMENT (PD) Said property being described as follows: Rustic Oaks #4 Block L Lots 17 - 31 Rustic Oaks #4 Block M Lots 2A - 12B SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION '. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 24th day of March 1987 . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary I /hose � ,e�sfic Oaks Adder, ai�ose.S Rid& Oaks Addf' r• •C rr 4 /� _ © r: /(0411' ••• E LLIOT STREET .. IS TR �' r.Is AID✓ 2 4 O it IS it ‘L-Y li ' :7 0 it il . .... •is�T �l,r - �,« �,.E.✓� r� _ P, S.88•12'15"E. - 1545.75' -- Itt , 4 b....7:2.. is ri. • I' . . :' f _ w «.t \vet Y .4. `.` 1141r ' : ' ' . '-' _..g-.f 12 -. -,.. 4 - . - , . �-� ,..• . . , k O� R9 ts:ate await » it .. w �.-. "► - r r- r R .2 �, `�' N.88'12 15 W. - 421.80 -*lax i 1�It t..... A 1 la _ 15 W. 04.35 ... f INifi 1 0. s k f'414.. N.88 12 ao' _ 1 IL4--„,..-111117. ' - /7,11.1.1.111111111111111111111111111111.111111.11111111111111111 . • ' ' II. ' ti � t"./. I ::::::: "8' o ; I ii ZUNE :is : % 1 ` 1 wW4M �• i lrw�itw/. Ix fis swwA' 1 lives i 1 a �• •I `� •PPg' v I Lo/ I I 1 M blk/� $ 1 11 N.88.12'15"W.- 65.83'. .� 1 �� T.11\ � •[/Y:/Yy Es.r/ E 20.4T (C�t9 )'`� ! c;.�sEsn,i • N.T9•4d24"W- 15A6'-.•` :•4 �, • ��; . .•••- L i q***Are N.01•47'45"E.-156.19'/ &MI fv""I 4 ge /� piss i f i V l / ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of 1 the City, and shall be bound by the ordinances, acts , resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: 58 .9613 acres out of the Francisco de la Pina Survey, Collin County Abstract 688 , more commonly known as Wylie Ranch East Addition. Legally described as: BEGINNING at the Southeast corner of the above mentioned 186 .10 acre tract, said point being on the centerline of Old State Highwy 78; THENCE, North 89 degrees, 37 minutes WEst along said centerline of Old State Highway 78, 1450 .0 ft. THENCE, North 0 degrees, 05 minutes West, 1755.63 feet to the beginning of a curve to the left; THENCE, Northwesterly along said curve to the left having a radius of 420 .0 feet, a central angle of 32 degrees, 23 minutes, 35 seconds and a tangent of 121 .99 feet, an arc distance of 237 .45 feet to a point of reverse curve; THENCE, Northerly along a curve to the right having a radius of 480 .0 feet, a central angle of 32 degrees, 28 minutes, 35 seconds and a tangent of 139.80 feet, an arc distance of 272.07 feet to a point on the South right-of-way line of State Highway 78 (120.0 feet wide) ; THENCE East along said South right-of-way line of State Highway 78, 60 .0 feet to the beginning of a curve to the left having a tangent bearing of SOUTH at this point. THENCE Southeasterly along said curve to the left having a radius of 420 .0 feet, a central angle of 32 degrees, 28 minutes, 35 seconds and a tangent of 122.32 feet, an arc distance of 238 .06 feet to a point of reverse curve; .THENCE, Southeasterly along a curve to the right having a radius of 480.0 feet, a central angle of 32 degrees, 23 minutes, 35 seconds and a tangent of 139 .42 feet an arc distance of 271.38 feet . THENCE South 89 degrees, 37 minutes East, 1390 .0 feet to a point on the East line of the above mentioned 186.10 acre tract; THENCE South 0 degrees, 05 minutes East along said East line of the 186.10 acre tract, 1750 .0 feet to the PLACE OF BEGINNING and containing 58.9613 acres of land. SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from 2 annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3 . This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 3 ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A" ; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of �S— 1 the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 33-9 consisting of 42 acres; Tract 33 consisting of 1 acre; Tract 40 consisting of 1 .87 acres; Tract 24 consisting of 2 .993 acres; Tract 28 consisting of 5 acres; Tract 29 consisting of 5 acres; Tract 23 consisting of 4 .45 acres; Tract 32 consisting of 1 acre and Tract 25 consisting of 3 . 92 acres; and Tract 26 consisting of 7 . 71 acres, for a total of 74.943 acres out of the W. Penny Survey, Collin County Abstract 696. SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity -of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 . APPROVED: MAYOR APPROVED AS TO FORM: ATTEST: City Attorney Carolyn Jones, City Secretary 2 2C , i$, 0Q491$U VRY • .. • Azite • i . 1 1 . IMP 15044 • -— Oa I«/. .s+.•n • �--�; /, !LAKEVIE f MANORS LMEVIEW 1041000. A.,1�VEBT ¢URYEY *i • A-i085 • . •. s aa++ 011.414 4 I; 20 21 um"OW 10IA4 J.iiwi waver'? • • 1• ti41M/6,41i se As • \\ tr110 sr'Imo/S- MA21-Yi s.rfwl hs`swlf i.rfAt Ay,aY jSAW "WWI b!s* _=MC._ CO: 8_URVE_Y'f +.sAs . ej� • .t•+0wr/w tt.y A� i06o g p•isYfdiK1 rpt-Ite. Rs1•KI • r s.N•• air 1064. Mw j0.l3w< . 1I.4M. • ilas i sou .a Aniat>t k t • lAi„arAw. s• as • saws •• 1 * g la atfir • sane• a ~ � . s•. tiPell IL TRU TT,BURVtY • .,r `M 4L- asp A-sago +ce• WI. ••t► amino 4.wr4v .aisle Mks PwttUV-SW titall -- 26 tam r•. rs�� Imo ' , • soars • • D WJLLUAM$ SURVEY • bw A,1O21 - 4414 f.07•s • 8. SHELBY SURVEY. ) • • . CENTRAL lH APPRAISAL COUNTY18TRlCT SCALE s 1 440 7 ANNEXATION ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas, finds that the hereinafter described territory is contiguous and adjacent to the corporate limits of the City of Wylie; and WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A" ; and WHEREAS, after notice was duly given, public hearings on the proposed annexation were held by the City Council all in compliance with Article 970-A, Vernon' s Annotated Civil Statutes of the State of Texas; and WHEREAS, the City Council has concluded that such area should be annexed into and made a part of the City of Wylie, Texas : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the following described territory be, and the same is hereby, annexed into and made a part of the corporate limits of the City of Wylie, Texas, and the same shall hereafter be included within the territorial limits of said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of 1 the City, and shall be bound by the ordinances, acts, resolutions and regulations of the City of Wylie, Texas. Said territory hereby annexed being described as follows: Tract 7 consisting of 4 .0 acres out of the I . & G.N. Ry. Co. Survey, Collin County Abstract 1059 SECTION 2 . It is the intention of the City to annex only that territory which is legally subject to being annexed by the City and should any portion of the above described territory be not subject to legal annexation by the City of Wylie, Texas, such fact shall not prevent the City from annexing such portion of said territory which is subject to legal annexation by the City of Wylie, Texas. Therefore, if any provision or portion of the territory herein described is held to be invalid by a court of competent jurisdiction, such provision or portion of land shall be deemed as separate, distinct and independent and such holding shall not affect the validity of the remaining provisions of this ordinance or portions of land annexed by this ordinance. SECTION 3. This ordinance shall take effect from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of 19 • APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY 2 c9 s S. GOOSE SURVEY' A-178 1�w • _1Fiw ll 4Al S , *7-101 • v7 LAKIEVIEW MANORS #3 WILLIAMS SPURGIN SURVEY 2 l+o1 a c.Tr A-808 0 - QUAII,. CREEK ADD.. \ \ W. D. PENNY- SURVEY • �.,. : • A-898 I-I • 4611.3 4t12 .. hf.rlM f7J0NM .ffAt 3 V mg. 1148ET O.3 At. ImPOTMEAl1 PAlit (*Pat Y f o ',Ail ISO .ff 4 /Ar/Alrf PwP„1NG. 1.VS AC 4. 10 10a Ate SA101 .42AC IL %Ct. Tit«T OM At M. PHEALAN SURVEY I s c•s Mcs.,oc o.1 Ac. 5 AA/JO At. A-895 I 8 \8• 7 • GILu LA VAC • D. W. WILLIAMS SURVEY A-1021 onsim • ao **DAl111if CITY 0 P' VWTYLIB :1 1 '4 114• LIA1417 ST 1'1), ii0X 4:8 /5098 -0428 MEMORANDUM MARCH 16, 1987 TO: GUS PAPPAS, CITY MANAGER FROM: ROYCE D. ABBOTT, CHIEF OF POLICE RE: 911 ENHANCED EMERGENCY SYSTEM • • AFTER REVIEWING THE LITERATURE FURNISHED BY GTE ON THE 911 ENHANCED EMERGENCY SYSTEM, IT IS MY BELIEF THAT BOTH THE CITIZENS AND THE CITY COULD BENEFIT GREATLY FROM THIS SYSTEM SINCE ALL EMERGENCY CALLS ARE ROUTED THROUGH ONE LOCATION. AS YOU KNOW AT THE PRESENT TIME WE HAVE ONLY ONE PERSON ON AT A TIME IN COMMUNICATIONS AND SINCE MOST PEOPLE ARE USUALLY EXCITED WHEN MAKING EMERGENCY CALLS IT IS MY BELIEF THAT THE SYSTEM'S TRACING ABILITY WOULD BE MOST BENEFICIAL TO OUR COMMUNICATIONS SYSTEM IN AQUIRING DESPERATELY NEEDED INFORMATION FOR HANDLING EMERGENCY CALLS AND WOULD ENABLE US TO GIVE THE CITIZENS BETTER AND MORE EFFICIENT EMERGENCY SERVICE. ALSO I HAVE CHECKED WITH THE CITY OF CARROLLTON WHO HAS BEEN ON THE 911 SYSTEM SINCE ABOUT 1976 AND ARE NOW ABOUT TO GO TO THE ENHANCED 911 EMERGENCY SYSTEM AND THE INFORMATION RECEIVED FROM THEM IS THAT THE SYSTEM WORKS QUITE WELL FOR THEIR CITY AND HAS IMPROVED THEIR EMERGENCY SERVICE CONSIDERABLY. THEREFORE I WOULD RECOMMEND THAT IF AT ALL POSSIBLE THE CITY OF WYLIE AQUIRE THIS SYSTEM FOR IT'S CITIZENS. ; b mo - •YCE ABBOTT CHIEF OF POLICE RDA:cb S�/ CITY OF WYLIE ENHANCED 9-1-1 SYSTEM FIVE-YEAR CONTRACT NON- MONTHLY CHARGES RECURRING LEVEL A LEVEL B 1 . Central office modifications 1 office x $2, 000 $2, 000. 00 2 . Class Screening To restrict non-Wylie calls 1 offices x $2, 000 $2, 000. 00 6, 000 x 57/10001 . $342. 00 3 . Data Base Development • • 6, 000 Network Access Lines(NAL) x $2, 500/1000 $15, 000. 00 6, 000 X $35/10001 . $210. 00 4. GTE Circuits 3 9-1-1 trunks Ringdown circuits Operator outdial lines $1 , 525. 90 $321 . 75 5. PSAP EQUIPMENT ANI system $854. 00 $207.50 ALI system $733. 00 •$424 . 25 TOTAL GTE CHARGES $20,525. 90 $1587. 00 $1505 . 50 TOTAL MONTHLY FIRST 60 MONTHS $3, 092.50 TOTAL MONTHLY AFTER 60 MONTHS $1,505.50 1 . Adjusted annually to reflect actual number of lines . Budgetary rates good until June 11, 1987 Q) 04 t5 C . 10-Mar-87 CITY OF WYLIE PAGE 2 E911 CIRCUITS PSAP Name: WYLIE POLICE Serving C.O. : WYLIE MAIN Location: WYLIE, TX. Outdial & Maint. 3 Total 911 trunks 3 USSO No. : Local Channels 3 TSR No. : -- - �� Local Miliage (qtrs) 3 DESCRIPTION GSEC NRC MRC 1. Voice Circuits A. E911 Trunks E911TRKST $930.00 $135.00 B. IOC and Channel terminations # ckts 0 PINFL $0.00 $0.00 * qtrs 0 1LMFS $0.00 $0.00 D. Local channels 1st quarter 1LMGY $261.90 $21.00 Additional Quarters 1LMGY $0.00 $21.60 2. Data Circuits from # ckts 0 List peripherals to # qtrs 0 A. Local chan. 1st qtr 1LMDY $0.00 $0.00 Additional qtrs 1LMDY $0.00 $0.00 3. Ringdown Circuits Type 1 from: Police Dept PSAP * ckts 2 to: DISPATCH, TTY qtrs(ft.) 0 $15.00 $4.80 $0.00 $0.00 Line Connection LC $40.00 Wiring Charge WC $102.00 • 4. Operator Outdial and Maintenence lines (Bl Circuits) A. B1 Band 3 B1CO $70.50 B. EAS Band 4 BlEASn $68.85 C. Service Charges Line Connection LC $60.00 Wiring Charge WC $76.50 5. Miscellaneous Service Charges A. Primary Service Order PSOC $31.50 B. Premise Visit PV $9.00 TOTAL CIRCUIT CHARGES $1,525.90 $321.75 10-Mar-87 CITY OF WYLIE PSAP EQUIPMENT PAGE 3 PSAP LOCATION WYLIE DATE 10-Mar-87 04:11 PM CHECK ENTER SYSTEM (1,2, OR 3) 1 16 ENT. SYSTEM (1 OR 2) 1 ENTER ADD'L DISC 0 ENT. NO. OF CONSOLES 2 ENTER NO. OF CRTs 3 -3 ENTER I/C TRUNKS 3 ENTER NO. OF 200CPS PRTs 1 -1 ENTER ERA TRUNKS 2 ENTER NO. OF INKJETs 0 0 RECORDER-ANNOUNCER? 0 ENTER NO. OF TELLABS • 0 0 ADD'L PANELS 0 ENTER NO. OF PL MODEMS 0 7D QUICK CONNECT? 0 AT&T I/F? 0 0 +CRT ATTACHED PRTS 0 NO. OF PORTS 6 6 3 YEAR - 5 YEAR ---- DESCRIPTION LEVEL A LEVEL B LEVEL A LEVEL B ALI SYSTEM CPU $615.00 $350.00 $400.00 $350.00 ADDITIONAL DISC $0.00 $0.00 $0.00 $0.00 ADDITIONAL ATPs $0.00 $0.00 $0.00 $0.00 CRTs (1ST 8) $90.00 $24.00 $60.00 $24.00 CRTs (>8) $0.00 $0.00 $0.00 $0.00 CARTRIDGE TAPE $0.00 $0.00 $0.00 $0.00 1ST 200CPS PRINTER $65.00 $40.00 $41.00 $40.00 ADD'L 200 CPS PRINTERS $0.00 $0.00 $0.00 $0.00 INKJET PRINTERS $0.00 $0.00 $0.00 $0.00 PRINTER CABLE $2.55 $0.25 $2.00 $0.25 DIAL-UP MODEM $22.00 $5.00 $15.00 $5.00 PRIVATE LINE MODEMS $0.00 $0.00 $0.00 $0.00 TELEMON TYPE-AHEAD BUFFERS $55.00 $5.00 $40.00 $5.00 AT&T INTERFACE $0.00 $0.00 $0.00 $0.00 ALI SOFTWARE $205.00 $0.00 $175.00 $0.00 TELLABS SCU $0.00 $0.00 $0.00 $0.00 TOTAL H/P SYSTEM $1,054.55 $424.25 $733.00 $424.25 ANI SYSTEM BASIC SYSTEM $1,100.00 $145.00 $745.00 $145.00 EXPANSION CABINETS/BAYS $0.00 $0.00 $0.00 $0.00 I/C TRUNK CARD $60.00 $30.00 $45.00 $30.00 I/C TRUNK PANEL $0.00 $0.00 $0.00 $0.00 ERA TRUNK CARD $20.00 $10.00 $10.00 $10.00 ERA TRUNK PANEL $0.00 $0.00 $0.00 $0.00 MATRIX EXPANSIONS $0.00 $0.00 $0.00 $0.00 ANI EXPANSION $0.00 $0.00 $0.00 $0.00 QUICK CONNECT S/W, 7D $0.00 $0.00 $0.00 $0.00 BAY MOUNTED PANEL $0.00 $0.00 $0.00 $0.00 PRINTER AND CABLE $18.05 $1.50 $13.00 $1.50 BATTERY BACKUP $61.00 $21.00 $41.00 $21.00 RECORDER ANNOUNCER $0.00 $0.00 $0.00 $0.00 TOTAL GEC TELPAK $1,259.05 $207.50 $854.00 $207.50 TOTAL EQUIPMENT $2,313.60 $631.75 $1,587.00 $631.75 .10-Mar-87 WYLIE FEE REVENUE ESTIMATES PAGE 4 OFFICE BUS. RES. TRUNKS KEY LINES COIN WYLIE MAIN 471 4125 25 356 49 471 4125 25 356 49 BASIC RATE $22.15 $9.05 $35.50 $26.60 REVENUE @ 2% $209 $747 $16 $189 $1,161 (FEE) 0.44 0.18 0.71 0.53 @ 2.5% $261 $933 $20 $237 $1,451 (FEE) 0.55 0.23 0.89 0.67 @ 3% $313 $1,120 $24 $284 $1,741 (FEE) 0.66 0.27 1.07 0.80 @ 5% $522 $1,867 $44 $473 $2,906 (FEE) 1.11 0.45 1.78 1.33 FLAT FEE SYSTEM COST= $3,092 # OF LINES = 5500 PER/LINE $0.56 REQUEST TO BE PLACED ON AGENDA Date For next Counci 1 Agenda ' • C)2c 8/7 I , request that the following item be placed on the City Counci 1 Agenda. Consider: x_121 5 G G. 5 �� / �,E M 64 r EA _LN 4 1 R dual Rd ' oei �. a i 1L 1�S Reason for request : C rf N ,2. D C. 2" f d - -a 7C- .._. _ _ Adt6:122-2_ Z44117a.).724__ Thank you, D 6 1V TiTdc7' 1) Signature Street City, Texas Zip Code F'hone Number ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS AMENDING ORDINANCE NO. 84-12, SECTION 10, GARBAGE, TRASH AND BRUSH FEES (RESIDENTIAL, COMMERCIAL HAND AND COMMERCIAL DUMPSTER) , BY APPROVING A RATE INCREASE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie is of the opinion that the same should be amended and adopted by the City of Wylie, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1 . That from and after the effective date of this Ordinance, Ordinance , Residential , Hand Commercial and Commercial Dumpster fees are hereby amended in the following manner and shall read as follow, to wit : The collection and removal of garbage, rubbish and brush in disposable bags or approved containers (30 gallon cans) from residential premises, two (2) times per week, shall be made for a fee charge of seven dollars and forty cents ($7 .40) per residential unit for each calendar month. Multifamily dwellings (four (4) or more units) shall use commercial containers provided by the contractor. For partial months, said charges shall be prorated for each week of the month during which such service is available and provided to the customers. There shall be a fee charged for extra collections necessary for the collection of unusual accumulations. An increase in monthly fees may be made upon approval of the City Council. The charges for collection service shall be included on the monthly utility bill of the occupant. All utility customers shall receive solid waste collection service. Rates and charges shall be due and payable on the date so indicated on the utility billing statement. RESIDENTIAL, HAND COMMERCIAL, COMMERCIAL DUMPSTER AND BRUSH CHARGES A. Deposit Residential $10 .00 Non-residential $25.00 minimum or equivalent to three (3) months charges B. Residential fees for each one unit of single family detached unit of a duplex (not master metered) either curb-side or alley-side service, a collection fee of $7.40 per month shall be charged each month on the utility bill. C. The following collection fees are based upon type of establishment or collection. TYPE CHARGE PER MONTH Duplex $7.40 per unit Multi-family $7 .40 per unit Trailer Park $7 .40 per space or lot 466 1 Residential (Single Family Detached) $7.40 Residential Unit (Outside City) $9.50 per living unit Section 2 . That from and after the effective date of this Ordinance, Ordinance , "Commercial Collection Fees" , is hereby amended by adopting Sections D & E and made a part hereof for all purposes. D. COMMERCIAL HAND AND COMMERCIAL DUMPSTER Fee charges for commercial hand collection where residential type bags or (approved containers) are allowable. MO. CHARGE A. Less than five 30 gallon bags or (approved containers) per week $14 .00 B. Five to eight 30 gallon bags or (approved containers) per week $26 .00 C. Nine to twelve 30 gallon bags or (approved containers) per week $38 .00 E. COMMERCIAL DUMPSTER (It is understood that all charges listed below for container use shall include the lease fee for the container) . SIZE TIMES PER WEEK MO.CHARGE 2 cu. yd 1 x week $ 56 .00 2 x week 91 .00 3 x week 126.00 3 cu. yd 1 x week 62 .00 • 2 x week 100 .00 3 x week 137 .00 4 cu. yd 1 x week 76.00 2 x week 112 .00 3 x week 156.00 6 cu. yd 1 x week 86 .00 2 x week 143.00 3 x week 203 .00 8 cu. yd 1 x week 107 .00 2 x week 178 .00 3 x week 220 .00 10 cu. yd 1 x week 125.00 2 x week 212 .00 3 x week 298 .00 EXTRA PICKUPS/DUMPSTER-EACH REQUEST 2-4 cu. yd 26 .00 6-10 cu. yd 30 .00 SPECIAL CHARGES: Compactor Containers (42 cu. yd. ) 228 .00 (otherwise per quote) 4/1 2 Roll-off Containers (30 cu . yard) 204 .00 (per pick up) PER DAY RENT $ 7 .20/day 216 .00/mo DELIVERY AND EXCHANGE ROLL-OFF 72.00 DELIVERY AND EXCHANGE FRONT-END CONTAINERS 54 .00 RETURN CHECK 15 .00 PAST DUE SERVICE CHARGE (Over 25 days from statement due date) (Commercial dumpsters only) 1 .5% per month F. BRUSH CHARGES Tree, shrub and brush trimmings or newspaper and magazines securely tied together forming an easily handled package not exceeding three feet (36 inches) in length or 35 pounds in weight . Section 3. That all ordinances of the City of Wylie in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. Section 4 . That this ordinance shall take effect immediately from and after its passage with the amended rates effective April 1, 1987. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas, this 24 day of March, 1987 . APPROVED: Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM: Larry Jackson, City Attorney //9 3