02-10-1987 (City Council) Agenda Packet AGENDA SUMMARY
CITY COUNCIL
TUESDAY, FEBRUARY 10, 1987
ITEM NO. 1 - ACCEPT RESIGNATION OF D. AMMERMAN FROM PARKS &
RECREATION - No staff comment.
ITEM NO. 2 - APPOINTMENT TO FILL VACANCY ON PARKS &
RECREATION BOARD - Not an appropriate area for staff
comment.
ITEM NO. 3 - APPROVAL OF ELECTION JUDGE, ALTERNATE JUDGE AND
CLERK RECOMMENDATIONS - Not an appropriate area for staff
comment.
ITEM NO. 4 - PUBLIC HEARING ON REZONING OF PORTION OF
NEWPORT HARBOR - This addition is located on the east side
of FM1378 , north of the Birmingham tract, and was previously
known as Crescent Cove. At the time of annexation and the
original zoning, this section, now known as Newport Harbor
was a part of a joint venture project between C. T. Beckham
and Stanley Moussa. That partnership has been dissolved and
Baron Cook of the Beckham Co. is desirous of developing
their portion of the addition, and would like to have the
duplex portion rezoned as SF3 . The P&Z heard this petition
at their meeting on February 5th and recommend your approval
to this request .
ITEM NO. 5 - APPROVAL OF ZONING ORDINANCE FOR NEWPORT HARBOR
No additional comments .
ITEM NO. 6 - APPROVE AMENDMENT TO ZONING ORDINANCE - This
amendment is presented to you in response to a request from
the developers of Westgate Addition. They are asking that
the zoning ordinance be amended in the SF3 section changing
the rear yard set-back requirement from twenty-five (25)
feet to twenty (20) feet. Their (the developers ' )
contention is that they cannot market their lots with the 25
foot set back requirement. The P&Z heard this request at
their meeting on February 5 , 1987 and recommend denial of
this change. This is an interesting dilemma since the
shallow depth of the lots in question was actually a
creation of the individual originally in charge of platting
and developing Westgate. You see all of the lots are set
very close to the absolute minimum. We warned the
individual that such a plan might jeopardize his future
flexibility. However , he knew best . He is no longer with
the company. Now the company has a customer who can' t fit
his design of homes on these little lots so they want us
to change the rules. It is the staffs opinion that this is
a self-inflicted wound and because of that is not , nor
should it be, a viable reason for us to change our rules.
ITEM NO. 7 - CITIZEN PARTICIPATION - Not an appropriate area
for staff comment.
ITEM NO. 8 - APPROVE PRELIMINARY PLAT FOR NEWPORT HARBOR
This addition was previously known as Crescent Cove and
under that name had the preliminary plat approved several
months ago. However , since that time, the partnership has
dissolved and the time limit on the approved preliminary
plat has expired. The developer of this portion, now known
as Newport Harbor, is re-submitting this plat for your
approval . The Engineering staff has reviewed the plat and
recommends your approval . The P&Z reviewed the plat at
their meeting on February 5 and recommend approval .
Basically the change only involves the change of names and
the removal of the middle lot lines from the old duplex
zoned sections.
1
ITEM NO. 9 - APPROVE PRELIMINARY PLAT FOR QUAIL HOLLOW
PHASE II - The preliminary plat and the construction
plans/final plat for Quail Hollow Phase II is being
presented to you at the same time in order to allow the
school district to draw a building permit for their proposed
elementary school . The engineering department has reviewed
the plans and recommend approval . The P&Z also reviewed the
plans at their meeting on February 5 and recommend your
approval . The problems in this plat arose because the
scholl district did not involve the City in it' s subdivision
when it purchased the land, thus, we had to enter the
proposition after the fact and take care of getting the two
parties to address the unaswered questions. A copy of the
agreement between the developer and the school district is
included in your packet.
ITEM NO. 10 - APPROVE CONSTRUCTION PLANS/FINAL PLAT FOR
QUAIL HOLLOW PHASE II - No additional comments.
ITEM NO. 11 - ACCEPT UTILITY EASEMENT FROM FIRST BAPTIST
CHURCH - A memoranum from the Engineering Department is
included in your packet on page 23 which explains this
easement. The Engineering Department recommends your
approval .
ITEM NO. 12 - ACCEPT ROAD DEDICATION FROM HAROLD HOLIGAN
Again, a memorandum from the Engineering Department is
included. You will note the 12 inch water main to the Lake
Ray Hubbard Mobile Home Park will cross this dedicated
portion of roadway. The Engineering Department recommends
your approval . The dedication is needed then in order to
have a proper place to put the 12 inch water main.
ITEM NO. 13 - ACCEPT TECHNICAL MEMO #4 FROM CH2M HILL - A
copy of this memorandum is included in your mail as an
insert for your review. A summary of the recommendations
contained therein has been prepared by the Engineering
Department and is included in your packet on pages 32-36 ,
referencing Item No. 14 . The document speaks for itself.
ITEM NO. 14 - APPROVAL OF IMPROVEMENT STEPS RECOMMENDED BY
CH2M HILL - The summary, prepared by the Engineering
Department and provided on pages 32-36 of your packet. I .
W. Santry, City Engineer , will be present at the meeting to
elaborate on this memo and answer your questions. The staff
and the State needs your action on this item so that we may
proceed with the improvements and transmit to the State that
it is our intention to make these improvements and submit an
amended permit application as Mr . Santry' s memo explains,
for the continued operation of the existing wastewater
treatment plant.
ITEM NO. 15 - AUTHORIZATION TO SEEK BIDS FOR 4X250P - As
referenced in the Tech Memo #4 , from CH2M Hill , the next
improvement item of most modest cost and greatest
improvement beyond the ones we have already accomplished
(polymer injections and drying bed improvements) is the
installation of the four air injector pumps . This is mostly
a capital equipment purchase with only minor installation;
therefore, in order to proceed with the imprlementation of
the recommended improvements, we require your authorization
to go out for bids on this necessary equipment .
ITEM NO. 16 - COUNCIL DISCUSSION - Not an appropriate area
for staff comment .
ITEM NO. 17 - PRESENTATION OF AUDIT BY BRENT DOLL - A copy
of this audit is included with your packet as an insert for
your review. Brent Doll , CPA will make the presentation of
the audit .
2
ITEM NO. 18 - APPROVE DRAW #3 FROM SPEED FAB-CRETE - This
draw, in accordance with the approved draw-down schedule is
less than was scheduled for this stage of the draw-down
process; however, we feel that there will be a subsequent
"catch up" in the next month or so, putting us on schedule
for the payments.
ITEM NO. 19 - APPROVE PROPOSED ORDINANCE FOR CREATION OF
WYLIE PROPERTY FINANCE AUTHORITY, INC. - Present at the
meeting will be Mr . Medanich, who will be prepared to
explain in detail , the proposed ordinance. It is possible,
that the Council could desire to pass this ordinance on that
evening. If you choose to do so, this item provides that
opportunity. In addition, Mr . Medanich will be prepared to
answer any questions that you have about this program and
discuss the mechanics of how the program will work.
3
l�i4Tc POSTa
fisrtd f:ov/?ram,
AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE
TUESDAY, FEBRUARY 10, 1987
7 :00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
1 1 Consider acceptance of resignation
of Derek Ammerman from the Parks &
Recreation Commission.
2 Consider appointment to Parks &
Recreation Commission to fill
vacancy created by resignation of
Derek Ammerman.
3 3-4 Consider approval of Ordinance
naming election judge and alternate
for April 4, municipal election,
and recommendation for election
clerks.
PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS
4 5-6 Conduct PUBLIC HEARING on the
request for rezoning of the duplex
section of Newport Harbor (formerly
known as Crescent Cove) to SF3 .
5 7-9 Consider approval of zoning
ordinance for Newport Harbor
( formerly known as Crescent Cove) .
6 10-13 Consider approval of request for
amendment to Zoning Ordinance
changing the rear yard setback in
SF3 from twenty-five (25) feet to
twenty (20) feet.
GENERAL DISCUSSION
7 Citizen Participation.
NEW BUSINESS
8 14 Consider approval of preliminary
plat for Newport Harbor (previously
known as Crescent Cove) .
9 15-22 Consider approval of preliminary
plat for Quail Hollow Phase II .
10 15-22 Consider approval of construction
plans/final plat for Quail Hollow
Phase II .
11 23-26 Consider acceptance of utility
easement from First Baptist Church.
12 27-31 Consider acceptance of road
dedication from Harold Holigan
located on the south half of Vinson
Road from the "Y" toward the east .
1
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
13 insert Consider acceptance of Technical
Memorandum #4 from CH2M Hill
detailing specific improvements to
the existing wastewater treatment
plant.
14 32-36 Consider approval of immediate
improvement steps recommended by
CH2M Hill Technical Memorandum #4
and City staff memo with authority
to proceed with implementation and
submission of proposal and amended
permit application to the Texas
Water Commission.
15 Consider authorization to seek bids
for supplemental aerators for
4X25hp.
GENERAL DISCUSSION
16 Council Discussion.
FINANCIAL CONSIDERATIONS
17 oral Presentation of audit by Brent Doll
of Doll, Karahal .
18 37-44 Consider approval of draw #3 from
Speed Fab-Crete on construction of
Municipal Building .
19 45-60 Consider approval of proposed
ordinance for the creation of the
City of Wylie Property Finance
Authority, Inc.
20 ADJOURN
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NOTIFICATION OF APPOINTMENT FOR CLERKS
TO:
Notice is hereby given that you have been appointed to serve
as clerks in the Council Election for precincts 27, 56 and a
portion of 25. Your Election Judge is
Your appointments are for the City Election and will be for
a two (2) year terms beginning with the April 4, 1987
election.
Carolyn Jones, City Secretary
Election Administrator
NOTIFICATION OF APPOINTMENT AS JUDGE
TO:
Notice is hereby given that you have been appointed
presiding judge for precincts 27, 56 and a portion of 25.
The precinct boundaries for the election precincts are
attached.
Your appointment is for the Council Election and will be for
a two (2) year term and will begin with April 4, 1987
election.
Carolyn Jones, City Secretary
Election Administrator
V
APPLICATION
TO
r--1 Board of Adjustment and Appeals (Building) ORDINANCE 83-15
. Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
f X; Planning and Zoning Commission ORDINANCE 81-5 '
NAME 134X* NJ Lo /L
ADDRESS
h p 4.41.4 T,4 -p ic3
SUBDIVISION C *Fsfrar to
BASIS OF APPLICATION:
LiInterpretation
Special exception for use or development
EDVariance
fTd Rezoning
Exception to Building Code
EXPLANATION:
sP3
SIGNITURE of APPLICANT i;':_ 171 s ddi
DATE /—/y B7
ge
Must be accompanied by filing fee of $ 7.S
Received:
Date: Y 7
1211
CODE ENFORCE NT OFFICER
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200.00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map, have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
� hearing to all property owners generally, the said Governing
� Body is of the opinion that the said change of zoning which
� is on application of __Dqrr_Qn_0_g_k _ _____ should
� be granted and the Comprehensive Zoning Ordinance of the
� City y Cit f 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:
�
i 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:
� Single �agdL}� 2
� ~
� Said property being described as follows:
� Duplex Tracts in Creoent Cone 6.5058 Acres
�
�
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•2,• To of ZONED '3F•3' a. ?v a'0`
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SECTION 2. That all ordinances of the City in conflict with
the provisions of this ordinance be, and the same are
hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3. That the above described property shall be used
only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or invlaid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200.00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION 6. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the 19th___ day of _-Fehviary r
1987 ._ _
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
`�
ZONING DESCRIPTION
BEING a tract of land situated in the E.C. Davidson Survey, Abstract No. 266,
City of Wylie, Collin County, Texas, being part of Westgate, Phase I, an addition
to the City of Wylie, as recorded in Cabinet F, Pages 793 and 794, of the Collin
County Plat Records,and being more particularly described as follows:
BEGINNING at a point in the south right-of-way line of FM 3412 (90' width), said
point being both the northwest corner of 268.879 acre tract of land conveyed by
deed to N.C. Jeffries in Volume 1703, Page 784 of the Deed Records of Collin
County, Texas, and approximately 40' south of the northeast corner of said
Davidson survey;
THENCE South 00° 58' 50" West along the west line of said Jeffries tract a
distance of 310.67 feet to a point for comer,
THENCE South 70°54' 27"West a distance of 316.37 feet to a point for comer; .
THENCE North 19° 05' 33" West a distance of 20.00 feet to a point on a curve to
the left having a central angle of 71° 02' 16" and a radial bearing and distance of
South 70°55'50"West 214.25 feet;
THENCE along said circular curve to the left an arc distance of 265.63 feet and a
chord bearing and distance of North 54° 35' 18" West 248.95 feet to the point of
tangency;
THENCE South 89°59'34"West a distance of 180.00 feet to a point for corner,
THENCE North 00° 00' 26" West a distance of 251.21 feet to a point in the south
right-of-way line of aforementioned FM 3412;
THENCE North 89° 59' 34" East along said south right-of-way line a distance of
294.45 feet to the northwest corner of a tract of land described as an exception
to a tract of land conveyed by deed to Sal Del Rey Properties, Inc., as recorded
in Volume 1663, Page 451, Deed Records of Collin County,Texas;
THENCE the following bearings and distances along said exception tract to points
for corner:
South 00°22' 55"East,261.93 feet;
North 88°46' 59"East, 169.96 feet;
North 00°04' 18"West, 130.96 feet;
North 52° 13' 55" East, 14.84 feet;
North 00° 14'06"West, 118.29 feet to the south right-of-way
of aforementioned FM 3412;
THENCE North 89° 59' 34" East along said south right-of-way line a distance of
216.55 feet to the POINT OF BEGINNING and CONTAINING 0.5915 acres or 25,764
square feet of land.
//
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL
SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE NO.
85-23A, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, SPECIFICALLY SECTION 11.3, PARAGRAPH 1. , SUB-
PARAGRAPH C. ; PROVIDING FOR PUBLICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A PENALTY; PROVIDING FOR AN
EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, COLLIN COUNTY, TEXAS the following paragraph will
read as stated below:
11.3 Area Regulations
1 . Size of Yards
c. Rear Yard: There shall be a rear yard a
depth of not less than twenty (20) feet.
Minimum rear yard for accessory
buildings shall be not less than ten
(10) feet.
PUBLICATION:
The caption of this ordinance shall be published one
time in the official newspaper of the City of Wylie.
PENALTY:
Any person or corporation violating any of the
provisions of this ordinance, shall upon conviction, be
fined an amount not to exceed the maximum established
by State law, and each and every day that the
provisions of this ordinance are violated shall
constitute a separate and distinct offense. In
addition to the said penalty provided for, the right is
hereby conferred and extended upon any property owner
owning property in any district, where such property
owner may be affected or invaded, by a violation of the
terms of the ordinance, to bring suit in such court or
courts having jurisdiction thereof and obtain such
remedies as may be available at law and equity in the
protection of the rights of such property owners.
SEVERABILITY:
It is hereby declared to be the intention of the City
Council that should the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance be
declared unconstitutional or invalid by the valid
judgement or decree of any court of competent
jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, or sections of this Ordinance,
since the same would have been enacted by the City
Council without the incorporation in this Ordinance of
unconstitutional or invalid phrases, clauses,
sentences, paragraphs, or sections .
EFFECTIVE DATE:
This ordinance shall become effective immediately upon
approval and passage by the City Council of the City of
Wylie and upon publication of the caption in the
official newspaper of the City of Wylie.
�o�
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, COLLIN COUNTY, TEXAS ON THIS THE 10TH DAY OF
FEBRUARY, 1987.
Chuck Trimble, Mayor, City of Wylie
ATTEST:
Carolyn Jones, City Secretary
MEMORANDUM•
DATE:
TO: Gus H. Pappas, City Manager
FROM: I. W. Santry, Jr. , P. E. , City Engineer
SUBJECT: Plat and/or Plans Approval
W/C PO a T iate$o °�.,
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 Flat to City Council for subdivision
acceptance along with final inspection statement
COMMENTS:� �is 443dr r-7oN 0-545 . Pit� Oct u�d5G.Y k,gccd•t/
/
!4'? l.r �s c�+�C T ��v Scums TiY �,�1� \�D iv r
2 c '&tip 1-1 ,t'T h«A--S ZPL.1- rAzc� �cLa.er Sec�'dN
/ 5 3 s a€ Ni>-rE- C9�Pl<, i�►r.9-L
PR-LL4./kit N)%Q ) T/M T //4s R,cUv Ba P-• F34-3,�
tA9.s /2 u A-4..o.✓ c-O-,--(
IWS/am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
MEMORANDUM•
DATE: f"e, tee_af l 4 / / ?�57
TO: Gus H. Pappas, City Manager
FROM: I . W. Santry, Jr. , P. E. , City Engineer
SUBJECT: Plat and/or Plans Approval
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
❑ Preliminary Plat to Planning and Zoning
XPreliminary Flat to City Council
❑ Final Plat to Planning and Zoning
Final Plat to City Council
❑ Construction Plans to City Council for
construction approval only
❑ Final Flat to City Council for subdivision
acceptance along with final inspection statement
COMMENTS: G.n ,� _ r,�.4 -p J pt.o of
c
la
Yie_ JCS
/141- •
IWS/am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
CONTRACT OF SALE
•
(NON-RESIDENTIAL)
THE STATE OF TEXAS $
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN $
That, MW PROPERTIES (hereinafter called "Seller, " whether
one or more) hereby sells and agrees to convey to WYLIE
INDEPENDENT SCHOOL DISTRICT (hereinafter called "Purchaser, "
whether one or more) and Purchaser hereby buys and agrees to pay
for the following described ' real estate situated in Collin
County, Texas, to-wit:
10 . 154 acres in Francisco de la Pina Survey, Abstract
No. 688, City of Wylie, Collin County, Texas, more
particularly described in Exhibit A attached hereto and
made a part hereof
together with,' all and singular, all improvements thereon and . all
rights and appurtenances pertaining thereto, including any right,
title and interest of Seller in and to adjacent streets, alleys,
or right-of-way, such real estate, improvements, rights and
appurtenances being herein referred to as the "Property. " This
Contract and the Property also covers and includes all fixtures
and articles of personal property attached to said real estate
and owned by Seller, such as air conditioning and heating
equipment.
This Contract is executed upon the following terms and
conditions:
1. Purchase Price. The purchase price for the Property
is $11, 680. 00 per acre plus interest carry of $3 . 19 per day per
• acre from April 28, 1986, to closing. Purchase Price shall be
paid all in cash at closing.
2 . Earnest Money. Upon full and final execution of this
Contract, Purchaser shall deliver the sum of $5, 000. 00 to WYLIE
TITLE COMPANY, herein called "Title Company" to be held by
aforementioned as Earnest Money (herein so called) pursuant to
the -terms of this Contract.
3 . Survey and Title Binder.
A. Within twenty (20) days after the date of this
Contract, Seller shall, at Purchaser' s expense, deliver or cause
to be delivered to Purchaser a copy of a current on-the-ground
survey ("Survey") of the Property made by a duly licensed
surveyor reasonably acceptable to the Purchaser. The Survey
shall be in a form acceptable to the Title Company. The Survey
shall show the location of all improvements on the Property, if
any. If this Contract does not close through no fault of Seller,
in addition to the other rights of Seller hereunder, Purchaser
shall pay for the Survey.
B. Within twenty (20) days after the date of this
Contract, Seller shall, at Purchaser's expense, deliver or cause
to be delivered to Purchaser:
(1) A title commitment ("Title Binder") covering the
Property binding the Title Company to issue a Texas
Owner's Policy of Title Insurance on the standard form
of policy prescribed by the Texas State Board of
Insurance at the Closing in the full amount of the
purchase price, and
(2) True, correct, and legible copies of any and all
instruments referred to in the Title Binder as
constituting exceptions or restrictions upon the title
of Seller, except that copies of any liens which are
to be released at the closing may be omitted.
4 . Approval Period and Title.
A. Purchaser shall have twenty (20) days after the
receipt of the Survey and Title Binder to review them and to
deliver in writing to Seller such objections as Purchaser may
have to anything contained to them. Any such item to which
Purchaser shall not object or to which Purchaser objects, but
thereafter waives by failure to terminate this Contract
within five (5) business days following notice by Seller that
it is unwilling or unable to satisfy such objections shall be
deemed a "Permitted Exception. " If there are objections by
/
am
purchaser, Seller may in good faith attempt to satisfy them
prior to closing, but Seller shall not be required to incur any
cost to do so. If Seller delivers written notice to
Purchaser on or before the closing date that Seller is
unable or unwilling to satisfy such objections, or if, for any
reason, Seller is unable to convey title in accordance with
Section 7 (B) below, Purchaser may either waive such objections
and accept such title as Seller is able to convey or terminate
this Contract by written notice to Seller; Zoning ordinances and
the lien for current taxes shall be deemed to be
Permitted Exceptions.
B. Seller represents and warrants to Purchaser that
at the closing Seller will have and will convey to Purchaser good
and indefeasible title to the Property free and clear of any and
all encumbrances except the Permitted Exceptions. Delivery of
the Title Policy pursuant to Section 7 below shall be deemed to
fulfill all duties of Seller as to the sufficiency of title
required hereunder; provided however, Seller shall not thereby be
released from the warranties of Seller's Deed.
5 . Inspection. Purchaser acknowledges that Purchaser has
inspected all buildings and improvements situated on the Property
and is thoroughly familiar with their condition, and Purchaser
hereby accepts the Property and the buildings and improvements
situated thereon, in their present condition, with such changes
therein as may hereafter be caused by reasonable deterioration.
6 . Casualty Loss. All risk of loss to the Property shall
remain upon Seller prior to the closing. If prior to the closing
. the Property shall be damaged or destroyed by fire or other
casualty, to a material extent, Purchaser may either terminate
this Contract by written notice to Seller or close. If Purchaser
elects to close, despite said material damage or destruction,
there shall be no reduction in the purchase price, and Seller
shall assign to Purchaser Seller' s right, title and interest in
and to all insurance proceeds resulting or to result from said
damage or destruction. Unless otherwise provided herein, the
term "material", shall mean damage or destruction, the cost of
repairing which exceeds ten (10%) percent of the purchase price.
In the event of less than material damage or destruction to the
Property prior to the closing, Seller shall either repair the
same prior to the closing, at Seller' s expense, or reimburse
Purchaser for the cost of repairing the same by assigning any
insurance proceeds resulting therefrom to Purchaser and/or by
allowing Purchaser to deduct such cost from the cash payable to
Seller at the closing. If the extent of damage or the amount of
insurance proceeds to be made available is not able to be
determined prior to the closing date specified in Section 7
below, or the repairs are not able to be completed prior to said
date, either party, by written notice to the other, may postpone
the date of the closing to such date as shall be designated in
such notice, but not more than thirty (30) days after the closing
date specified in Section 7 below.
7 . Closing.
A. The closing of this Contract shall be held on or
before September 1, 1986, at the offices of the Title Company at
its address stated below.
B. At the closing,seller shall deliver to Purchaser:
(i) a Special Warranty Deed (with Vendor' s Lien retained if not a
cash purchase) conveying the Property according to the legal
description prepared by the surveyor as shown on the survey of
the Property, subject only to the Permitted Exceptions; (ii) a
Title Policy issued by the underwriter for the Title Company
pursuant to the Title Binder with the survey exception deleted
(except as to shortages in area) subject only to the Permitted
Exceptions; and (iii) possession of the Property.
C. At the closing, Purchaser shall deliver to Seller
(i) the cash portion of the purchase price (the Earnest Money
being applied thereto) and (ii) the Note and the Deed of Trust,
if any.
2
/ 7
D. All closing cost including, without limitation,
the cost of the Title Policy, Survey, Recording and Escrow
Closing Costs and Seller's reasonable attorney's fees, shall be
paid by Purchaser except taxes and any fees required by Seller's
Lender.
E. All taxes imposed because of a change of use of
the Property shall be assessed to Purchaser. Purchaser shall
take the Property subject to 1986 ad valorem taxes which shall
not be prorated, but shall be the sole responsibility of
Purchaser.
F. If the Property is situated within a utility
district subject to the provisions of Section 50. 301, Texas Water
Code, then at or prior to the closing, Seller agrees to 'give
Purchaser the written notice required by said Section and
Purchaser agrees to sign and acknowledge the notice to evidence
receipt thereof.
8 . Termination. If this Contract is terminated by
Purchaser in accordance with Section 4 and/or 6 above, the
Earnest Money shall be promptly refunded to Purchaser, and the
parties shall have no further obligation or liabilities one to
the other.
9 . Default. If Seller shall fail to consummate this
Contract for any reason, except Purchaser's default, Purchaser
may enforce specific performance of this Contract as its sole and
exclusive remedy. If Purchaser shall fail to consummate this
Contract for any reason, except Seller's default or the
termination of this Contract pursuant to a right to terminate
. given herein, Seller shall have the right to have the Earnest
Money paid to Seller as liquidated damages for the breach of this
Contract, or Seller may bring suit for damages against Purchaser
or enforce specific performance of this Contract.
10. Miscellaneous Provisions.
A. Date of Contract.The term "date of this Contract"
as used 'herein shall mean the later of the two dates on which
this Contract is signed by Seller or Purchaser, as indicated by
their signatures . below, which later date shall be the date of
final execution and agreement by the parties hereto.
B. Notices. Any notice or communication required or
permitted hereunder shall be deemed to be delivered, whether
actually received or not, when deposited in the United States
mail, postage fully prepaid, registered or certified mail,
addressed to the intended recipient at the address on the
signature page of this Contract. Any address for notice may be
changed by written notice so given.
C. Forms. In case of a dispute as to the form of any
document required hereunder, the current form prepared by the.
State Bar of Texas shall be conclusively deemed reasonable.
D. Attorneys ' Fees. If either party shall be required
to employ an attorney to enforce or defend the rights of such
party hereunder, the prevailing party shall be entitled to
recover reasonable attorney's fees. -*
E. Contract contains the complete agreement between
the parties and cannot be varied except by the written agreement
of the parties. The parties agree that there are no oral
agreements, understandings, representations or warranties which
are not expressly set forth herein.
F. Survival. Any portion of this Contract not
otherwise consummated at the Closing will survive the closing of
this transaction as a continuing agreement by and between the
parties.
G. Binding Effect. This Contract shall inure to the
benefit of and bind the parties hereto and their respective
heirs, representatives, successors and assigns.
11. Contract as Offer. The execution of this Contract by
the Seller constitutes an offer to sell the Property. Unless
executed by the Purchasers by August 1, 1986, the offer of this
Contract shall be automatically revoked and terminated, and the
earnest money, if any, shall be returned to Purchaser.
12. Contract Approval.This contract is subject to approval
by the Seller 's Lender.
13 . The Seller acknowledges the existence of a verbal
agricultural lease on the Property, and Seller agrees to
terminate said lease prior to the time Buyer takes possession.
• V
th -go-rtion of gobanko Drivo and that 03 yet un
which school site on the west. Purchasers
{ responsibility shall be on a streets which border its
property with the exception of Springwoo h shall be
8oll�r3 respon3ibility. �` -it
,, \ 14 . All terms of this contract shall survive closing.
El
15. Contingent. This contract shall be contingent upon the
delivery of funds from the sale of bonds by the Purchaser on June
M18, 1986. If said funds have not been delivered by Purchaser by
\� the closing date, said Purchaser shall be entitled to two ( 2 )
��ti thirty ( 30 ) day extensions of this contract. If said funds are
not delivered to Purchaser within the herein given closing date
or extension dates, this contract, at discretion of Purchaser,
shall become null and void and of no further effect. Seller to
retain earnest money as his sole damages.
EXECUTED -on the dates stated below.
See Addendum I attached reto and incorporated herein for
all purposes.
S LLER:
, . / PROP R ES •
•
yi , , By: DAVID R. WILLIAMS
• Partner
�Zti 2329 Coit Road
Plano T xas 75075
7 Ze &
Date of Execution
• PURCHASER:
ATTEST:
WYLIE INDEPENDENT CHOOL DISTRICT
aeXtAA
PETE TALLANT, Secretary By: ALAN LEVERETT
President/Board of Directors
1001 South Ballard
Wylie, Texas 75098
7 3i 86.
Date o Ex cution
Earnest Money receive rom G(,(1 (4{Qb' t t 1l,-G�
this J/ Sf day of _ 19 6›
6()12 TITLE COMPANY
WYLIE TL • C MPANY
By:
310 Highway 78
DBM-401 Wylie, Texas 75098
•
/9
EXHIBIT A
BEING a 10. 154 acre tract of land located In the Francisco de la Pina Survey
Abstract No. 688, City of Wylie , Collin County, Texas, and being a portion of
that certain Tract I described in deed to the Hassle hunt Trust recorded in
Volume 907 , Page 126, of the Deed Records of Collin County, Texas ; said 10. 154
acre tract of land .being more particularly described 'as follows ;
BEGINNING nt a 1/2 inch iron rod set in the north line of the Ilnssie Hunt Trust
tract , said, iron rod being South (18 degrees 24 minutes 4l seconds East, a
distance of 594. 19 feet from a 1/2 inch iron rod found for the northeast corner
of Quail Hollow Estates Phase I , an addition to the City of Wylie ns shown on
plat recorded in Cabinet F, Slide 573 of the Hap Records of Collin County;
Texas; said POINT OF BEGINNING being in the south line of Rush Creek Estates
Phase I , an addition to the City of Wylie as shown on plot recorded in Cabinet
C, Slide 494 of the flap Records of Collin County, Texas;
• THENCE South 88 degrees 24 minutes 41 seconds East along the Hassle H►►nt Trust
north line, tl►e same being tl►e Rush Creek Estates Phnsc I south line, a
distance of 856.72 feet to a fence post in concrete found for the northeast
corner of the Hassle Hunt Trust tract , the same being the northwest ru-entrant
corner of Stone Grove Phase I , an addition to tl►e City of Wylie, Texas,
unrecorded as of this date, prepared by Cummings b l'rewltt , Inc. ;
THENCE South 2 degrees 44 minutes 21 seconds West along, a westerly boundary of
Stone Grove Phase I "a distance of 519.76 feet to a 1/2 inch iron rod net for
cor►►er;
•
THENCE North 88 degrees 22 minutes 00 seconds West , a distance of 846.69 feet
to .a 1/2 inch iron rod Set for corner;
THENCE North 1 degree 38 minutes 00 seconds East a distance of 519.00 feet to
the POINT OF BEGINNING, and containing 10. 154 acres or 442,320 square feet of
land, more or less.
•
•
•
•
•
•
•
•
•
• •
EXHIBIT "B"
•
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X�3 � /91. 20 ; 2/ - � �2 2
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,
• 73' es' • e3' ,
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•
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8 •
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-----
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j35 4
•
—
J — °so SP'-�NGWOOD-- LN:
44,4 v 34 32 5q laver 05' 70' '1-414 I ' ^ �e' e5,\ �" �.a.e.:;>x::;�:: .
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•
• des �� �\ • -J y''� Recommend
eJ � ,% � �` 5 �, �� ,o��HEATHER�IV00D� LN. / / '
•7 Jo( .,`..1 7I' 75• / �'''�-\� • . 73' L �rroirmon.Pis
i" . ;\�- ' ' \,- >�� - • ,>r , ,l I !o r.//'I Ip /.( /4 /6/ , /G � i 1 Apro:,.�
•
ADDENDUM I
TO
CONTRACT OF SALE
(NON-RESIDENTIAL)
By and Between
M. W. PROPERTIES, as Seller
and
WYLIE INDEPENDENT SCHOOL DISTRICT, as Purchaser
There shall be included in the Special Warrant Deed to be
delivered to Purchaser by Seller a restriction against any use
of the Property for Purposes other than as a public school
facility, together with a covenant to complete and place in use
on the Property within four (4) years subsequent to the date
thereof a public elementary school of the Wylie Independent
School District. The deed shall further contain a right to•
repurchase the Property by Seller if such covenant is breached.
In the event such right to repurchase is exercised, Purchaser
shall reconvey the Property to Seller for the purchase price
set forth in this Contract of Sale. The Purchaser shall
additionally provide Seller a policy of title insurance
insuring fee simple indefeasible title in Purchaser subject
only to the Permitted Exceptions and other matters reflected in
Seller 's deed to Purchaser and for, taxes for the year of
• closing of such reconveyance.
•
Seller covenants and agrees that it will construct at its
expense certain streets and utilities providing access to the
Property in time to coincide with the date of opening of the
school for general use. Streets (and appropriate utilities)
that Seller agrees to construct include:
(1) the extension of Heatherwood to a yet unnamed
north-south street adjacent to and on the western
boundary of the Property
(2) The unnamed north-south street between Heatherwood
and Springwood Lanes
(3 ) One-half of the unnamed north-south street
(4) All of Springwood Lane joining the Property. (See
Exhibit "B" for Illustration. )
Seller is willing and agreeable to constructing the Purchaser' s
one-half of the unnamed north-south street and one-half of
Eubanks Drive coincidental with its construction contracts and
at Purchaser 's expense. Notwithstanding the foregoing, in the
event Seller sells the property owned by Seller prior to the
date of construction, Seller further covenants and agrees to
require the Purchaser thereof to assume the obligations of
Seller contained herein. Upon such transfer and assumption,
Seller shall be relieved of further obligation pursuant hereto.
ADDENDUM I TO CONTRACT OF SALE - Page Solo
MEMORANDUM
DATE: January 30, 1987
TO: Mr. Gus H. Pappas, City Manager
FROM: I .W. Santry, Jr. , P.E. , City Engineer
SUBJECT: Utility Easement from First Baptist Church
This document is a utility easement that cleans up the
Replat area of the First Baptist Church where utilities can
exist on the South side of the Church and North of the AT &
SF Railroad.
The Engineering Department has checked the metes and bounds
and prepared the Exhibit "A. " It is recommended that the
easement be accepted by the City of Wylie.
a !
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
THAT FIRST BAPTIST CHURCH OF WYLIE
of WYLIE, TEXAS , in consideration of the sum of
ONE DOLLAR ($1.00) and other good and valuable consideration
in hand paid by CITY OF WYL I E receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to CITY OF WYLIE , the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by US . Situated in COLLIN County, Texas, in the
JAMES TRUITT Survey, Abstract No.-920
Being,a tract of land for a utility easement and part of Lot 1, Block 17, of the
Replat of Lots 1 thru 8, Block 17, of the Railroad Addition,an addition to the City of
Wylie, as Recorded in the Map Records, Collin County, Texas, and being more
particularly described as follows;
Beginning at the point of intersection of the west line of Second Street, with
the north line of the Atchison Topeka & Santa Fe Railroad, a point for corner;
Thence, S.51°43'54"W. , along the north line of said Railroad, a distance of
171.95 feet to a point for corner;
Thence, N.38°16'06"W. , leaving said Railroad Line, a distance of 5.00 feet to
a point for corner;
Thence, N.51°43'54"E. , a distance of 40.89 feet to a point for corner;
Thence, North, a distance of 6.37 feet to a point for corner;
Thence, N.51°43'54"E. , a distance of 135.00 feet to a point for corner;
Thence, South, along the west line of Second Street , a distance of 12.74 feet
to the PLACE OF BEGINNING, and containing 0.0328 acres of land, more or less.
( SEE EXHIBIT "A" attached )
And it is further agreed that the said City of Wy l i e
in consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of Utility Easement
in, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across
said premises for the purpose of making additions to, improvements on and repairs to the said
Utility Easement or
any part thereof. I
TO HAVE AND TO HOLD unto the said City of Wylie as aforesaid for
II the purposes aforesaid the premises above described.
Witness hand , this the day of /J anu ar , A. D. 19 87
1�� h" .,
CERTIFICATE OF ACCEPTANCE
ACCEPTED FOR THE CITY OF WYLIE, TEXAS , this the day
of , 198
CITY OF WYLIE, TEXAS
CHARLES T.. TRIhIBLE, Mayor •
ATTEST:
CAROLYN JONES , City Secretary
Date
c3
EXHIBIT "A"
N 38° 16' 06" W ' e
5.00 N
in
co I" = 20'
O
sr
20,4161 N
1 7_ N 'lb N
I `� Fo
qv
Z NORTH \
6.37 \
. in N "
ti N
0
0
tri
M
I LOT I , BLOCK 17
5• REVISED PLAT
eh
P•�, �Op,4 \ RAILROAD ADDITION
•'ikQ4
4\\' 1 w
_ 3
w
-to
L
1- To
o v
as >. o_
J In
E : Z
D
I
I
1
POINT ) NL
BEGINNING
SOUTH
12.74'
`
M E M 0 R A N D U M
DATE: February 6, 1987
TO: Gus H. Pappas, City Manager
FROM: I . W. Santry, Jr. , P. E. , City Engineer-
SUBJECT: Road Dedication
Attached please find three copies of the South one-half of
Vinson Road from the "Wye" toward the east from Mr. Harold
Holigan. The 12-inch water main to the Lake Ray Hubbard
Mobile Home Estates will cross this dedicated area of 32. 5
foot width.
It is recommended that the City Council accept the
dedication.
-�}~�r
ri,y7 'y:.:1 - ,. . ''i17 ii Y.�'` x.K�x;�cn?F.1 i; r r' e3"ti`�a tY ir"ra i i3'�t'ir a°ei tr""i'iF`t gibi i a ii i. ""-7, �r• i'*°i
l THE STATE OF TEXAS,
;44KNOW ALL MEN BY THESE PRESENTSIP
:
3
COUNTY OF DALLAS
That Harold Hol igan s
er
I
zcit of the County of Dal 1 as State of Texas , for and in consideration of
W
=zA the sum of
:53i P
w�
gi One and no/100 ($1 .00) DOLLARS, m
to me in hand paid by THE CITY OF WYLIE, TEXAS
7.411 PP:
1 have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said :-
• of the County of Col 1 i n State of Texas
, all that certain
40
w TRACT OF LAND DESCRIBED IN EXHIBITS "A " and "B" ATTACHED AS A RIGHT-OF-WAY
is r.tiDEDICATION.
w44 (See Attached) P
Inid
n
t
40
!CMP:
;w0 -
40
Bg TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights P
✓ and appurtenances thereto in anywise belonging unto the said CITY OF WYLIE
0
:w0
40 heirs and assigns forever; and I do hereby bind MY
il
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises
M.:-.<4 unto the said CITY OF WYLIE AND ITS SUCCESSORS;_
‹i heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part
thereof. €,:
pvi
w0 Witness MY hand at m.'•-
r. this 3 f day of JANUARY A. D. 1987im•r
»J Witnesses at Request of Grantor: s
.41:: (1742(...i. ....
z Harold Hol i clan _
':'etf IM1.11,ir,44 1. i.e. .fl,4l .3144,1rs r. .0.!k ..14-4/.0.4l1'►4'.4't ►.,trS'Pt f�4lgScrE A'��d®AA Vi l? !i..i eE►.,N.,!!,►:.!'.i,!? .71Wlp fl�3, ,!3.f�P.�!1�.4��'
CERTIFICATE OF ACCEPTANCE
ACCEPTED FOR THE CITY OF WYLIE, TEXAS , this the _ day
of , 198
CITY OF WYLIE, TEXAS
CHARLES T. -TRINBLE, Mayor
ATTEST :
CAROLYN JONES , City Secretary
Date
EXHIBIT "A"
BEING a tract of land situated in the E. M. Price Survey,
Abstract Number 1114, Dallas County, Texas, and being part
of the land conveyed to Orville Kreymer, Dr. G.C. Kreymer,
J. C. Kreymer, Archie Kreymer and Bill Kreymer by deed
recorded in Volume 222, Page 0423 of the Deed Records of
Dallas County, Texas and being the same property conveyed in
Deed from Jim McKnight to J. D. Hoagland, Trustee, dated
December 7, 1984, filed December 12, 1984, recorded in
Volume 84242, Page 2847, Deed Records, Dallas County, Texas
and being more particularly described as follows:
Commencing at an iron pin found for a corner, said iron pin
being the most Northerly Northeast corner of Cottonwood
Park-Section III, according to the Plat recorded in Volume
71164, Page 048, of the Deed Records, Dallas County, Texas;
and
THENCE North 86 degrees, 53 minutes and 47 seconds West,
along the North line of said Addition, a distance of 271 . 70
feet to an iron pin found for a corner; and
THENCE North 38 degrees, 42 minutes and 15 seconds East, a
distance of 578. 54 feet to an iron pin found for a corner in
the Southeasterly right-of-way line of Vinson Road (60'
R. O. W. ) ; and
THENCE North 50 degrees, 33 minutes and 59 seconds East,
along said Southeasterly right-of-way line, a distance of
614. 80 feet to an iron pin found for a corner;
THENCE North 85 degrees, 37 minutes and 12 seconds East, a
distance of 210. 17 feet to a P.K. nail for a corner in the
centerline of Vinson Road as the POINT OF BEGINNING.
THENCE South 45 degrees, 00 minutes and 00 seconds East,
along the centerline of Vinson Road a distance of 412. 50
feet to a 6Od nail set a corner;
THENCE South 14 degrees, 17 minuTHENCE South 14 degrees, 17
minutes and 44 seconds East, a distance of 63. 64 feet to an
iron pin for a corner;
THENCE North 45 degrees, 0:00 minutes and 00 seconds West, a
distance of 494.23 feet to a corner;
THENCE North 85 degrees, 37 minutes and 12 seconds East, a
distance of 42.82 feet to the Point of Beginning and
containing 0. 338 acres of land, more or less. ( 14, 734 sq.
ft. )
N-
1"=20'
\\
•
POINT OF
S 45°00' 0011 E
sQ BEGINNING ° • „
412.50
60d NAIL 64.38
V I NSON R D. A
W . S 85°371 I2"W �
10
(r 42.82'
..; r
Q I N 45° 001 00�� W
Ce ' 494.23'
N 44° 36'561' W
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M E M 0 R A N DU M
DATE: February 6° 1987
TO: City Council
FROM: City Staff
SUBJECT: Summary of CH2M Hill Supplemental Report and
Recommendations
The current CH2M Hill "Supplemental Report" (Technical
Memorandum No. 4) is the development of the June 1986
commissioning of that organization to provide consulting
engineering services, their report of February 1987, and
correspondence plus discussions with the Texas Water
Commission including the latest on January 29, 1987.
In general the staff of the Texas Water Commission is
insisting that the amendment to the existing permit have
discharge criteria much more strengent than those of the
last permit as compared in the attached Exhibit "A. " It is
felt that with the improvements proposed for the old sewage
treatment plant that it can obtain and maintain the criteria
being recommended under, the "Proposed Amendment Permit
Values. " Criteria for the new plant should be those desired
by the Texas Water Commission and CH2M Hill will be expected
to provide a process and design that will meet the
requirements.
A number if improvements have been started and will not
require CH2M Hill to do any engineering. These are noted
below.
1 . Polymer Addition to Clariqester. Polyblend injector
by Stanco was authorized and became operative on Wednesday,
February 4, 1987. As soon as possible we should have test
results indicating the improvement by using the current
polymer, Allied Colloids Inc. , 767. If needed the dosage
can be changed and/or a different polymer, may be used.
Equipment is by lease/purchase and was installed by the
Public Works Department.
2. New Addition of Sludge Beds. The new sludge beds were
approved by the Texas Department of Health and are under-
construction. Their completion should be by the end of the
month.
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3. Chlorine Contact Chamber and Chlorination. The
chlorine contact chamber modification has been completed and
the staff is in the process of constructing a new chlorine
concrete pad and weighing platform for 1-ton cylinders to
reduce the expense of the chlorine used. Some of this new
arrangement may be used at the new plant. The entire
chlorine facility will be paid for in less than a year
through the saving in chlorine cost.
4. New Wet Well Screen. A new screen arrangement is
nearing design completion and the Public Works Department
will construct and install it. The new screen will provide
superior protection to the existing and proposed new pumps.
The projects that are recommended to be assigned to CH2M
Hill in there Task Order No. 4 which is to be brought before
you shortly will encompass the following projects.
5. Oxidation Ditch Aeration. The CH2M Hill report
recommends four (4) new aerotors be added to the oxidation
ditch to adequately process 1 . 25 mgd and provide for
nitrification and some reserve standby capability. You will
be asked to qrant the staff permission to seek bids for the
aerators based upon the specifications to be prepared by
CH2M Hill . Preparation and installation of the aerators can
probably be done quicker and with minimum disruption of the
plant while gaining the most advantage.
6. Influent Pump Station. The recommended installation of
two (2) new pumps of 2, 500 gpm capacity and some pipeinq
modification should be started soon but it is the number two
priority of the CH2M Hill list and will require certain
electrical modifications.
7. Secondary Clarifier. The Texas Water Commission Staff
feels that an additional clarifier is needed although, with
the other modifications as outlined above, it can be
questionable in the short time period before the new plant
is available for operation. As a safeguard, it is
recommended that CH2M Hill proceed to design the additional
clarifier and support system° and prepare specifications so
that if it is required by the Texas Water Commission,
because the other improvements fall slightly short of
expectations, we would be in an advanced position to secure
the installation. The expenditure of funds for the tank and
equipment is very expensive and and would soon be abandoned.
S. Filtration. It is recommended that the City follow the
CH2M Hill recommendation to delay this design and
construction. Expenditure of the magnitude indicated in the
"Supplemental Report" could only improve the effluent a
small amount at a large cost.
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In summary it can be said that the improvements by the staff
are moving foreward and Exhibit "B" indicates the
recommended priority of the next CH2M Hill effort along with
their estimated costs.
It is requested that the City Council give the staff
permission to aggressively move foreward in securing the
design and construction plans Task Order No. 3 from CH2M
Hill, and that the Council approve the proposed permit
criteria along with the filing of the present sewage
treatment ammendment permit with the Texas Water Commission.
On/
•
EXHIBIT "A"
DISCHARGE CRITERIA COMPARRISON
EXISTING PLANT
Current TWC Proposed
Criteria Units Permit Desired Amendment
Values Permit Permit
Values Values
Biochemical
Oxygen Demand mg/1 20 10 10
(BOD)
Total Suspended mg/1 15 15
Solids (TSS)
Flow mgd 0. 800 0. 800 1 . 5
Ammonia (NH3) mg/1 NR _ NR
Dissolved Oxygen mg/1 NR 4 5
(DO)
Chlorine Residual mg/1 1 . 0 1 . 0 1 . 0
(C12)
Hydrogen Ion (pH) 6. 0-9. 0 6. 0-9. 0 6.0-9. 0
Fecal Coliform NO. / NR 100 100
1OOm1
* NR = No Requirement
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EXHIBIT "B"
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Project Estimated
Priority Project Cost
(dollars)
Installation of four aerotors including
1 . Necessary electrical modifications to $91 , 000
the plant.
Installation of two new pumps including
2. electrical and piping additions. $65, 000
Secondary claifier with additional
3. pumping, piping and electical . $4B1 , 950a
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4. Two traveling filters with accessories $321 , 250b
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TOTAL FOUR ITEM PACKAGE $960, 000
TOTAL TWO INITIAL ITEMS. as per
recommendation including estimated $196, 800
^= $40,000 for enqineerinq on Item No. 3 ^
* a. Recommended for design only at the present time.
b. Recommended not to be done unless absolutly necessary.
A
b Creat ,s
CORPORATION DATE A
INTERNATIONAL
NATIONAL OFFICES JA�Unjil ohe aildnaER
P. O. Box 15580 3 416
FORT WORTH, TEXAS 76119
Local 478-1137 Metro 572-0351
CIT: OF WYLIE
114 N. BALLARD
P.D. BOX 428 CUST11662
WYLIE. TX 75098
PLEASE DETACH AND RETURN WITH YOUR REMITTANCE. NET 10 DAYS
S
DESCRIPTION
RE: CITY OF WYLIE MUNICIPAL COMPLEX
JO81160903 r ,=
DRAW #3
SEE SPREAD SHEE1: w _
1DTAL AMOUNT DUE DRAW #3: •
ce-
NEI lu DAYS. THANK YOU.
k sa*
SPEED FAB-CRETE 74 .4uj PAY LAST AMOUNT
IN THIS COLUMN
CORPORATION INTERNATIONAL CUSTOMER CO".'
•
APPLICATION AND CERTIFICATE FOR PAYMENT MA DOCUMENT G702
TO(OWNER): CITY OF NYLIE PROJECT: CITY OF WYLIE MUNICIPAL COMPLEX APPLICATION NO: 43 Distribution to:
114 N. BALLARD 0 OWNER
NYLIE, TEXAS 75098 PERIOD TO: 1/30/87 0 ARCHITECT
0 CONTRACTOR
FROM(CONTRACTOR): SPEED FAB-CRETE CORP VIA(ARCHITECT): LEE STUART ASSOCIATES ARCHITECT'S 0
1150 E. MANSFIELD HWY, P.D. BOX 15580 PROJECT NO: 60903 ❑
FORT WORTH, TEXAS 76119
CONTRACT FOR: CITY MUNICIPAL COMPLEX CONTRACT DATE: 9/05/86
Application is made for Payment, as shown below, in connection with the Contract.
CONTRACTOR'S APPLICATION FOR PAYMENT
CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,731,818.00
Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ 0.00
previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 1,734,B38.00
TOTAL 4. TOTAL COMPLETED&STORED TO DATE S 186,263.49
Approved this Month
Number Date Approved 5. RETAINAGE:
a. ''`_% of Completed Work $ 18,626.35
b. _% of Stored Material $
Total Retainage(Line 5a + 5b or b
TOTALS Total in Column 1 $ 18,626.35 'J
Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 167,637.14
The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total)
information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR
completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 127,694.86
paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE $ 39,942.28
issued and payments received from the Owner, and that current payment shown 9. BALANCE TO FINISH herein is now due. , PLUS RETAINAGE $ 1,5b7,20fl,86
(Line 3 less Line 6)
CONT TOR: SPEED FAB CRETE CORPORATION, INT'L State of: d.(i4,4 County of: jG / i
Subscribed and 31;4.41 to beforeore m� 6O day of ,19g7
By/,/ ,/ Notary Public`. '"' ej
� Date: "1 a7 My Commission expires: 5_3_g6
AMOUNT CERTIFIED $
ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach exp/anat/on . amount' rti 'ed di/fers lrom the amounNa/p lied for-
In accordance with the Contract Documents, based on on-site observations and the ARCHITECT:
data comprising the above application, the Architect certifies to the Owner that to the ¢7
best of the Architect's knowledge, information and belief the Work has progressed as Date: ()
indicated, the quality of the Work is in accordance with the Contract Documents, and This Certific is not negotiable. Th MOUNT CERTIFIED s payable only to the
the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without
prejudice to any rights of the Owner or Contractor under this Contract.
u
CONTINUATION SHEET PACE OF PAGES
APPLICATION AND CERTIFICATE FOR PAYMENT, containing
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER:
In tabulations below, amounts are stated to the nearest dollar.
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO:
WORK COMPLETED
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE ` TO FINISH
A B C Applications Application F G(D+E+F) K' H(C—G) I
PERFORMANCE BOND 19,32/.00 19,3ZI.00 0.00 1Y,SZLuu iu0z 0.00
INSURANCE 66,440.00 66,440.00 0.00 66,440.00 100% 0.00
SUB TOTAL OR TOTAL 1,734,838.00 141,883.29 44,380.20 186,263.49 1,548,574.51
I
APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT 6702
TO(OWNER): CITY OF WYLIE PROJECT: CITY OF NYLIE MUNICIPAL COMPLEX APPLICATION NO: i3 Distribution to:
114 N. BALLARD ❑ OWNER
WYLIE, TEXAS 75098 PERIOD TO: 1/30/87 0 ARCHITECT
0 CONTRACTOR
FROM(CONTRACTOR): SPEED FAB-CRETE CORP VIA(ARCHITECT): LEE STUART ASSOCIATES ARCHITECT'S 0
1150 E. MANSFIELD HWY, P.O. BOX 15580 PROJECT NO: 1160903 ❑
FORT WORTH, TEXAS 76119
CONTRACT FOR: CITY MUNICIPAL COMPLEX CONTRACT DATE: 9/05/86
Application is made for Payment, as shown below, in connection with the Contract.
CONTRACTOR'S APPLICATION FOR PAYMENT
CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,734,838 00
Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ 0 00
previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 1,734,838.00
TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ 186,263.49
Approved this Month
Number Date Approved 5. RETAINAGE:
a. _% of Completed Work $ 18,626.35
b. _% of Stored Material $
Total Retainage(Line 5a + 5b or
TOTALS Total in Column 1 $ 18,626.35
Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 167,637.14
The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total)
information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR
completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 127,694.86
•
paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE $ 39,942.28
issued and payments received from the Owner, and that current payment shown 9 BALANCE TO FINISH, PLUS RETAINAGE $ 1 5b7 200.86
herein is now due. , ,
(Line 3 less Line 6)
CONT TOR: SPEED FAB CRETE CORPORATION, INT'L State of: �.(� County of: Ni GC�'L i
��,�-�D� Subscribed and s rn to before me this 60 t, day of ,193'7
,� CW"' Notary Public:
BY / j � Date: 3a �, My Commission expires: 4-_3_q0
AMOUNT CERTIFIED $ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach exp/anat;on ' amount' rt� 'ed differs from the amours a'151/rk
d for.)
ARCHITECT:
In accordance with the Contract Documents, based on on-site observations and the
data comprising the above application, the Architect certifies to the Owner that to the - te6Dp
best of the Architect's knowledge, information and belief the Work has progressed as Date:
indicated, the quality of the Work is in accordance with the Contract Documents, and This Certific is not negotiable. Th MOUNT CERTIFIED s p7
ayable only to the
the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without
prejudice to any rights of the Owner or Contractor under this Contract.
X
CONTINUATION SHEET AIA DOCUMENT 6702A PAGE OF PAGE
APPLICATION AND CERTIFICATE FOR PAYMENT, containing CITY OF WYLIE I
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER:
In tabulations below, amounts are stated to the nearest dollar. 113
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: W60903
WORK COMPLETED
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE
No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH
A B C Applications Application F G(D+E+F) `X' H(C-G) I
SITE WORK 58,564.00 29,282.00 17,569.20 46,851.20 801. 11,712.80
TEMP SERVICES 4,500.00 225.00 225.00 450.00 101. 4,050.00
ARCHITECT DRAWINGS 6,050.00 6,050.00 0.00 6,050.00 100% 0.00
SHOP DRAWINGS 15,500.00 14,725.00 775.00 15,500.00 1001. 0.00
ENS. STAMP 1,000.00 1,000.00 0.00 1,000.00 1001. 0.00
FOUNDATION WORK 107,545.00 0.00 5,377.25 5,377.25 5X 102,167.75
PIERS 25,245.00 0.00 18,933.75 18,933.75 751. 6,311.25
CONCRETE WORK 333,429.00 3,334.29 0.00 3,334.29 11. 330,094.71
STRIPING 1,200.00 0.00 0.00 0.00 0% 1,200.00
PRECAST WORK 210,163.00 0.00 0.00 0.00 01. 210,163.00
WYLIE SIGN 14,000.00 0.00 0.00 0.00 01. 14,000.00
JOINT/WALL TREATMENT 8,575.00 0.00 0.00 0.00 0X 8,575.00
JOIST/GIRDER/DECK 82,198.00 0.00 0.00 0.00 0X 82,198.00
BUILT UP ROOF B5,488.00 0.00 0.00 0.00 0% 85,488.00 \\
SPRINKLER SYSTEM 39,060.00 0.00 0.00 0.00 0% 39,060.00
GLASS/DOORS-WINDOWS 33,612.00 0.00 0.00 0.00 07. 33,612.00
DRIVE THROUGH WINDOW 4,918.00 0.00 0.00 0.00 0% 4,918.00
INTERIOR/WOOD DOORS 36,804.00 0.00 0.00 0.00 0% 36,804.00
DRYWALL & CEILING 143,244.00 0.00 0.00 0.00 0% 143,244.00
FLOORING 35,660.00 0.00 0.00 0.00 01. 35,660.00
PAINTING 11,998.00 0.00 0.00 0.00 01. 11,998.00
CARPENTRY 4,220.00 0.00 0.00 0.00 0% 4,220.00
PLUMBING 78,792.00 0.00 0.00 0.00 0% 78,792.00
ELECTRICAL 99,334.00 0.00 0.00 0.00 01. 99,334.00
A-C/HEATING 90,000.00 0.00 0.00 0.00 0% 90,000.00
FLAG POLE 7,751.00 0.00 0.00 0.00 0% 7,751.00
JAIL EQUIPMENT 63,530.00 0.00 0.00 0.00 0X 63,530.00
TOLIET ACCESSORIES 11,591.00 0.00 0.00 0.00 0% 11,591.00
CLEAN UP 5,100.00 0.00 0.00 0.00 0% 5,100.00
SUPERINTENDENT 30,000.00 1,500.00 1,500.00 3,000.00 101. 27,000.00
SUB TOTAL OR TOTAL
CONTINUATION SHEET PAGE OF PAGES
APPLICATION AND CERTIFICATE FOR PAYMENT, containing
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER:
In tabulations below, amounts are stated to the nearest dollar.
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO:
WORK COMPLETED ,
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE
No. VALUE Previous This MATERIALS STORED TO DATE - TO FINISH
A B C Applications Application F G(D+E+F) 0 H(C—G) I
PERFORMANCE BOND 19,327.00 19,327.00 0.00 IY,32/.uu ' i00z 0.00
INSURANCE 66,440.00 66,440.00 0.00 66,440.00 100X 0.00
I
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SUB TOTAL OR TOTAL 1,734,838.00 141,883.29 44,380.20 186,263.49 1,548,574.51
APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT 6702
TO(OWNER): CITY OF WYLIE PROJECT: CITY OF WYLIE MUNICIPAL COMPLEX APPLICATION NO: #3 Distribution to:
114 N. BALLARD 0 OWNER
WYLIE, TEXAS 75098 PERIOD TO: 1/30/87 0 ARCHITECT
0 CONTRACTOR
FROM(CONTRACTOR): SPEED FAB-CRETE CORP VIA(ARCHITECT): LEE STUART ASSOCIATES ARCHITECT'S 0
1150 E. MANSFIELD HWY, P.O. BOX 1520 PROJECT NO: D60903 ❑
FORT WORTH, TEXAS 76119
CONTRACT FOR: CITY MUNICIPAL COMPLEX CONTRACT DATE: 9/05/86
Application is made for Payment, as shown below, in connection with the Contract.
CONTRACTOR'S APPLICATION FOR PAYMENT
CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,734,838.00
Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ 0 00
previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $
1,134,838.00
TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ 186,263.49
Approved this Month
Number Date Approved 5. RETAINAGE:
a. '_% of Completed Work $ 18,1,26.35
b. _% of Stored Material $
Total Retainage(Line 5a + 5b or
TOTALS Total in Column 1 $ 18,626.35
Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 167,637.14
The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total)
information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR
completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 127,694.86
paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE $ 39,942.28
issued and payments received from the Owner, and that current payment shown 9. BALANCE TO FINISH herein is now due. , PLUS RETAINAGE $ 1,567,200.86
(Line 3 less Line 6)
CONT TOR: SPEED FAB CRETE CORPORATION, INT'1 State of:
o1.li/44 County of: 4GC�'L/I-14-ot,
Subscribed and svy9rn to before m� 60 day of ,19g7
Notary Public: ( fiK.2,�'
2Z(A-e—
By�/ ' ge4:714.4 Date: 3a �, My Commission expires: fb
43-q0
ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNTplanaton CERTIFIED $ pq )
(Attach explanation ' amount rt� 'ed differs from the amoun a( ied for.
ARCHITECT:
In accordance with the Contract Documents, based on on-site observations and the `_
data comprising the above application, the Architect certifies to the Owner that to the 7
best of the Architects knowledge, information and belief the Work has progressed as Date:
indicated, the quality of the Work is in accordance with the Contract Documents, and This Certific is not negotiable. Th MOUNT CERTIFIED s payable only to the
the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without ,
prejudice to any rights of the Owner or Contractor under this Contract.
X
CONTINUATION SHEET ALA DOCUMENT 6702A PAGE OF PACE
APPLICATION AND CERTIFICATE FOR PAYMENT, containing CITY OF WYLIE 1
CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER:
In tabulations below, amounts are stated to the nearest dollar. 13
Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: II60903
WORK COMPLETED
ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE
No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH
A B C Applications Application F G(D+E+F) `N' H(C-G) I
SITE MORK 58,564.00 29,282.00 17,569.20 46,851.20 80X 11,712.80
TEMP SERVICES 4,500.00 225.00 225.00 450.00 10% 4,050.00
ARCHITECT DRAWINGS 6,050.00 6,050.00 0.00 6,050.00 100X 0.00
SHOP DRAWINGS 15,500.00 14,725.00 775.00 15,500.00 100% 0.00
ENG. STAMP 1,000.00 1,000.00 0.00 1,000.00 100% 0.00
FOUNDATION WORK 107,545.00 0.00 5,377.25 5,377.25 5X 102,167.75
PIERS 25,245.00 0.00 18,933.75 18,933.75 75X 6,311.25
CONCRETE WORK 333,429.00 3,334.29 0.00 3,334.29 1X 330,094.71
STRIPING 1,200.00 0.00 0.00 0.00 OX 1,200.00
PRECAST WORK 210,163.00 0.00 0.00 0.00 0% 210,163.00
WYLIE SION 14,000.00 0.00 0.00 0.00 OX 14,000.00
JOINT/WALL TREATMENT 8,575.00 0.00 0.00 0.00 OX 8,575.00 �,
JOIST/GIRDER/DECK 82,198.00 0.00 0.00 0.00 OX 82,198.00
QUILT UP ROOF 85,488.00 0.00 0.00 0.00 OX 85,488.00
SPRINKLER SYSTEM 39,060.00 0.00 0.00 0.00 OX 39,060.00
GLASS/DOORS-WINDOWS 33,612.00 0.00 0.00 0.00 OX 33,612.00
DRIVE THROUGH WINDOW 4,918.00 0.00 0.00 0.00 OX 4,918.00
INTERIOR/WOOD DOORS 36,804.00 0.00 0.00 0.00 OX 36,804.00
DRYWALL t CEILING 143,244.00 0.00 0.00 0.00 OX 143,244.00
FLOORING 35,660.00 0.00 0.00 0.00 OX 35,660.00
PAINTING 11,998.00 0.00 0.00 0.00 OX 11,998.00
CARPENTRY 4,220.00 0.00 0.00 0.00 OX 4,220.00
PLUMBING 78,792.00 0.00 0.00 0.00 OX 78,792.00
ELECTRICAL 99,334.00 0.00 0.00 0.00 OX 99,334.00
A-C/HEATING 90,000.00 0.00 0.00 0.00 OX 90,000.00
FLAG POLE 7,751.00 0.00 0.00 0.00 OX 7,751.00
JAIL EQUIPMENT 63,530.00 0.00 0.00 0.00 OX 63,530.00
TOLIET ACCESSORIES 11,591.00 0.00 0.00 0.00 OX 11,591.00
CLEAN UP 5,100.00 0.00 0.00 0.00 0% 5,100.00
SUPERINTENDENT 30,000.00 1,500.00 1,500.00 3,000.00 10% 27,000.00
SUB TOTAL OR TOTAL
Hutchison Price Boyle & Brooks
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3900 FIRST CITY CENTER AUSTIN OFFICE:
DALLAS,TEXAS 75201-4622 2100 O1 AMERICAN CENTER
Richard A.Yahr (214)754-8600 RUST 47 -4(21 3272
(214)7544643 (512)4»-4t21
DALLAS TELECOPY NUMBER:
(214)754-0840
January 22, 1987
Mr. James Johnson
Finance Director
City of Wylie
108 S. Jackson
P. 0. Box 428
Wylie, Texas 75098
Re: Proposed Creation of City of Wylie Property Finance
Authority, Inc.
Dear Mr. Johnson:
As we discussed today over the phone, enclosed are three
copies of a proposed draft of the ordinance authorizing the
creation of the Property Finance Authority. Bob Dransfield of
this office will call you early next week to discuss the program
with you.
Our firm is very pleased to have the opportunity to assist
the City with this transaction.
Sincerely,
HUTCHISON PRICE BOYLE & BROOKS
/elii "
Richard A. ahy .
RAY/tc Y .
0892A
, 441'4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, AUTHORIZING AND APPROVING THE
CREATION OF THE CITY OF WYLIE PROPERTY FINANCE
AUTHORITY, INC.; APPROVING THE ARTICLES OF
INCORPORATION AND APPOINTING THE INITIAL
DIRECTORS THEREOF; APPROVING THE INITIAL BYLAWS
FOR THE AUTHORITY; AUTHORIZING THE IMPLEMENTA-
TION OF THE INITIAL GOVERNMENTAL PROGRAM TO BE
FUNDED BY THE AUTHORITY; AND CONTAINING OTHER
PROVISIONS; MAKING CERTAIN FINDINGS RELATING TO
THE SUBJECT
WHEREAS, this City Council (the "City Council") of the City of Wylie, Texas
(the "City"), as a home rule city acting pursuant to its home rule charter and the
general laws of the State of Texas, has determined and hereby determines that the
public interest of its citizens requires that it, from time to time, define and
implement governmental programs necessary to provide needed property and funds
for public uses and purposes, and to provide the same at the lowest possible cost,
including joint action, if appropriate, with other political subdivisions having a
common interest and where advantageous to the City; and
WHEREAS, the City Council has determined to authorize and approve the
creation of a nonprofit corporation as its duly constituted and authorized authority
and instrumentality to act on its behalf and for its benefit in financing,
implementing, and administering the governmental programs prescribed by this and
future ordinances of the City that are beneficial to the welfare of the citizens of
the City; and
WHEREAS, the City Council also desires by this Ordinance to authorize the
development and funding of its initial program, to be known as its "Property
Acquisition Program," for the purpose of purchasing, leasing, using or otherwise
acquiring all types of personal and real property that are necessary or appropriate in
the performance of the City's public functions; and
WHEREAS, this meeting is open to the public as required by law, and public
notice of the time, place and purpose of this meeting was given as required by
Article 6252-17, as amended, Vernon's Annotated Texas Civil Statutes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
Section 1. Findings. The City Council hereby finds and determines that it is
advisable and in the public interest that the City, acting under the authority of its
home rule charter and the general laws of the State of Texas, from time to time, to
define, adopt, and implement governmental programs necessary to provide needed
property and funds for public use, and to enable such programs to be implemented
and administered at the least possible cost to the City.
0$2SD/3
I/'
Section 2. Authorization To Create Authority. In order to aid the City in the
implementation of such programs, the City Council hereby authorizes the creation
of a nonprofit corporation, to be named the "City of Wylie Property Finance
Authority, Inc." (the "Authority"), the same to be created under the Texas
Non-Profit Corporation Act, Article 1396-1.01 et seq., as amended, Vernon's
Annotated Texas Civil Statutes (the "Act"), and in connection therewith, the City
Council hereby:
(a) approves the Articles of Incorporation (the "Articles") for the
Authority in substantially the form and substance attached hereto as Exhibit A and
authorizes the named incorporators therein to file the Articles with the Secretary of
State of the State of Texas in accordance with law; provided that, in the event the
name chosen for the Authority is not available, the incorporators are authorized to
select a different name without further action of the City;
(b) appoints those persons named in the Articles, each of whom on the
date of this appointment is duly qualified under the Act, to serve as the initial
members of the Board of Directors of the Authority, with the right hereby reserved
in the City Council to remove and replace such persons as directors at any time and
with or without cause;
(c) approves the initial ByLaws for the Authority in substantially the
form and substance attached hereto as Exhibit B;
(d) directs that no bonds, notes, or other evidences of indebtedness shall
be authorized or approved by the Authority without the consent of the City Council;
(e) declares and orders that the Authority shall not implement or
administer any program that has not been specifically authorized by City Council
and that the Authority shall not engage in any business or other activity except in
connection with the one or more programs that have been approved and ordered
implemented by the City Council;
(f) declares and orders that the Authority shall make available to the
City its books and records at all times and submit, at least annually, financial
statements for its review;
(g) declares and orders that no bond, note, or other evidence of
indebtedness issued by the Authority shall be or represent an obligation of the City,
except only to the extent the same, with the consent of the City Council, is made
expressly payable from funds to be paid by the City pursuant to a contract or other
agreement executed by the Authority and the City for the purpose of accomplishing
the public purposes of the City; and
00 states its intention that the Authority be a duly constituted and
authorized authority and instrumentality of the City acting on its behalf within all
applicable regulations and revenue rulings of the Treasury Department and the
Internal Revenue Service of the United States promulgated under Sections 103 and
115 of the Internal Revenue Code of 1986, as amended, and under any successor
provisions thereto.
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Section 3. Implementation of Program. The City Council hereby authorizes
the development and implementation of the Property Acquisition Program, and
directs and authorizes the City's administrative staff to:
(a) develop and present to the City Council a plan for the Authority to
purchase, lease, or otherwise acquire, and to sell, lease or otherwise convey, to the
City all types of personal and real property that are necessary or appropriate for the
performance of the City's public functions;
(b) develop and present to the City Council for consideration and
approval a plan for initial funding of a property acquisition fund for the City;
(c) to prepare and present to the City Council all documents and
instruments necessary to implement the initial funding plan described above; and
(d) for all purposes of Article IV of the Articles, the Property
Acquisition Program shall be deemed to be an "Approved Program" of the City, and
all parties dealing with the Authority are entitled to rely upon the acts, contracts,
agreements, and representations of the Authority that purport to be in furtherance
of such program or that are represented to be so by the Authority.
Section 4. Authority To Be a Nonprofit Corporation. As provided in the Act,
the Authority shall be a nonprofit corporation, and no part of its earnings remaining
after payment of its expenses, bonds, notes, or other obligations shall ever inure to
the benefit of any individual or private association or corporation. In the event
sufficient provision has been made for the full payment of the expenses, bonds,
notes, and other obligations of the Authority, then any net earnings of the Authority
thereafter accruing shall be paid to the City.
Section 5. Control of Authority's Activities. The City expressly reserves the
right, exercisable at any time and in its sole discretion, to alter the structure,
organization, programs, or activities of the Authority or to terminate and dissolve
the Authority, subject only to any limitations provided by the respective
constitutions and laws of the State of Texas or of the United States of America
prohibiting the impairment of contracts entered into by the Authority.
Section 6. Dissolution of Authority. (a) Whenever the Board of Directors of
the Authority determines that the purposes for which the Authority was formed
have been substantially accomplished and that all bonds, notes, and other obligations
theretofore issued or incurred by the Authority have been fully paid or payment has
been provided therefor, the Board of Directors, upon the approval of the City
Council, thereupon shall dissolve the Authority in the manner provided by law,
subject to the limitations provided in Section 5 of this Ordinance applicable to
dissolution directed by the City Council.
(b) Whenever dissolution of the Authority occurs, whether instituted by
the City Council or by the Board of Directors of the Authority, the dissolution
proceedings shall transfer the title to all funds and other property then owned by the
Authority to the City after satisfaction of all claims against the Authority has been
made.
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FINALLY PASSED, APPROVED, AND EFFECTIVE this February 10, 1987.
Mayor, City of Wylie, Texas
(SEAL]
City Secretary, City of Wylie, Texas
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- 9
ARTICLES OF INCORPORATION
OF
CITY OF WYLIE PROPERTY FINANCE AUTHORITY, INC.
We, the undersigned natural persons, each of whom is qualified as an
incorporator of a corporation under the Texas Non-Profit Corporation Act, Article
1396-1.01, et seq., as amended, Vernon's Annotated Texas Civil Statutes (the "Act"),
do hereby adopt the following Articles of Incorporation for such corporation:
ARTICLE I
The name of the corporation is "City of Wylie Property Finance Authority,
Inc." (the "Authority").
ARTICLE II
The Authority is a nonprofit corporation.
ARTICLE III
The duration of the Authority is perpetual.
ARTICLE IV
(a) The Authority is organized for the purpose of acquiring, owning,
holding, leasing and selling real or personal property to or for the benefit of the City
of Wylie, Texas (the "City") for and in furtherance of its public purposes, and
collecting, receiving, borrowing, lending or otherwise obtaining and lending funds to
or for the use of the City or to others for the City's public purposes, to the extent
necessary and appropriate in the establishment and administration of lawfully
created governmental programs and activities ("Approved Programs") that are from
time to time approved by ordinance or resolution duly adopted by the City Council
of the City, all to be done and accomplished by the Authority as the duly constituted
and authorized authority and instrumentality of the City acting on its behalf and for
the benefit of the public.
(b) In the fulfillment of its purposes, the Authority may exercise all
powers granted under the Act, subject to such limitations thereon as may be
contained herein or in any ordinance or resolution duly adopted by the City Council
of the City.
ARTICLE V
The Authority shall have no members and is a nonstock corporation.
ARTICLE VI
The street address of the initial registered office of the Authority
is , Wylie, Texas and the name of the initial
registered agent at such address is
062SD/7
S�d
ARTICLE VII
(a) All powers of the Authority shall be vested in a Board of Directors,
each of whom shall be appointed by the City Council of the City. Except for the
initial number herein specified, the number of Directors and the terms of office
shall be fixed by the bylaws of the Authority consistent with the Act. The Directors
shall serve without compensation except that they shall be reimbursed for their
actual expenses incurred in the performance of their official duties.
(b) All other matters pertaining to the internal affairs of the Authority
shall be governed by the bylaws of the Authority so long as such bylaws are not
inconsistent with these Articles of Incorporation, any law of the State of Texas, or
any ordinance or resolution of the City Council of the City. Such bylaws and any
amendments thereto shall be approved by the City Council of the City.
ARTICLE VIII
The number of directors constituting the initial Board of Directors is three.
The names and addresses of the initial directors are::
NAME: ADDRESS:
ARTICLE IX
The names and street addresses of the incorporators, each of whom is a
citizen of the State of Texas and is at least 18 years old, are:
NAME: ADDRESS:
ARTICLE X
These Articles of Incorporation may at any time and from time to time be
amended by either of the following methods: (a) the members of the Board of
Directors of the Authority may file with the City Council of the City a written
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Oi2SD/$
SJ�
application seeking permission to amend these Articles of Incorporation, specifying
in such application the amendment proposed to be made, and if the City Council
finds and determines that it is advisable that the proposed amendment be made and
approves the form and substance of the amendment and authorizes the same to be
made, the Board of Directors may amend these Articles of Incorporation by adopting
such amendment and delivering articles of amendment to the Secretary of State of
the State of Texas; or (b) the City Council of the City, in its sole discretion and at
any time, may adopt an amendment to these Articles of Incorporation and direct the
Board of Directors to amend the same, whereupon the Board of Directors shall
amend the same by filing articles of amendment with the Secretary of State of the
State of Texas.
ARTICLE XII
(a) No dividends shall ever be paid by the Authority and no part of its net
earnings (beyond that necessary for retirement of the indebtedness of the Authority
or to implement the public purposes of the City for which the Authority has been
created) shall be distributed to or inure to the benefit of its directors or officers or
any private person, firm, corporation, or association except in reasonable amounts
for services rendered. In the event the Board of Directors of the Authority
determines that sufficient provision has been made for the full payment of the
expenses, bonds, notes, and other obligations of the Authority issued to finance the
costs of any Approved Program, any net earnings of the Authority thereafter
accruing with respect to that Approved Program shall be paid to the City.
(b) No substantial part of the Authority's activities shall be carrying on
propaganda, or otherwise attempting to influence legislation, and it shall not
participate in, or intervene in (including the publishing or distributing of
statements), any political campaign on behalf of or in opposition to any candidate
for public office.
ARTICLE XIII
(a) In addition to the power to amend these Articles of Incorporation, as
provided elsewhere herein, the City Council of the City, in its sole discretion and at
any time, may alter the structure, organization, programs, or activities of the
Authority or terminate and dissolve the Authority, subject only to any limitations
provided by the laws of the State of Texas or of the United States of America,
including provisions prohibiting the impairment of contracts entered into by the
Authority.
(b) If the Board of Directors determines that the purposes for which the
Authority was formed have been substantially accomplished and that all expenses,
bonds, notes, and other obligations theretofore issued or incurred by the Authority
have been fully paid or payment has been provided therefor, the Board of Directors,
upon approval by the City Council of the City, thereupon shall dissolve the
Authority in the manner provided by law, subject to the same limitations referred to
in paragraph (a) of this Article XIII pertaining to a dissolution directed by the City.
(c) If the Authority is ever dissolved, whether instituted by the City
Council of the City or by the Board of Directors, all interests in any funds or other
property of the Authority shall be transferred to the City, after satisfaction has
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092SD/9
been made of all debts and claims against the Authority. This provision is included
under the express authority of Article 1396-6.02A.(3) of the Act, and the transfers
on dissolution herein required are in lieu of the distributions required otherwise by
Article 1396-6.02A.(3) of the Act.
(d) The initial bylaws of the Authority and all amendments thereto shall
be subject to the approval of the City Council of the City.
IN WITNESS WHEREOF, we have hereunto set our hands this February
1987.
Incorporator
Incorporator
Incorporator
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062SDuio
STATE OF TEXAS §
COUNTY OF COLLIN §
I, the undersigned, a Notary Public in the State of Texas, do hereby certify
that on this _ day of February, 1987, personally appeared before me
, who, being by me first duly sworn, declared that (s)he
is the person who signed the foregoing documents as an incorporator and that the
statements therein contained are true.
IN WITNESS WHEREOF, I have hereto set my hand and seal the date and year
above written.
Notary Public, State of Texas
My Commission Expires:
[SEAL]
STATE OF TEXAS §
COUNTY OF COLLIN §
I, the undersigned, a Notary Public of the State of Texas, do hereby certify
that on this day of February, 1987, personally appeared before me
who, being by me first duly sworn, declared that
(s)he is the person who signed the foregoing document as an incorporator and that
the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and
year above written.
Notary Public, State of Texas
My Commission Expires:
[SEAL]
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STATE OF TEXAS §
COUNTY OF COLLIN §
I, the undersigned, a Notary Public of the State of Texas, do hereby certify
that on this _ day of February, 1987, personally appeared before me
who, being by me first duly sworn, declared that
(s)he is the person who signed the foregoing document as an incorporator and that
the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and
year above written.
Notary Public, State of Texas
My Commission Expires:
[SEAL]
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BYLAWS
OF
CITY OF WYLIE PROPERTY FINANCE AUTHORITY, INC.
ARTICLE I
POWERS AND PURPOSES
Section 1.1. Books and Records. The City of Wylie Property Finance
Authority, Inc. (the "Authority") shall keep correct and complete books and records
of account and shall also keep minutes of the proceedings of its board of directors
(the "Board of Directors") and any committees having any of the authority of the
Board of Directors. All books and records of the Authority may be inspected by any
director or his agent or attorney for any proper purpose at any reasonable time; and
at all times the City Council and the City Manager of the City of Wylie, Texas (the
"City") will have access to the books and records of the Authority.
Section 1.2. Rights of City. The City Council of the City (the "City
Council") may review and revise the financial affairs, programs and activities of the
Authority at any time and from time to time, and the City shall have all other rights
reserved to it in the Articles of Incorporation of the Authority (the "Articles") and
in the ordinance of the City ordering the creation of the Authority.
Section 1.3. Nonprofit Corporation. The Authority shall be a nonprofit
corporation, and no part of its earnings remaining after payment of its expenses,
bonds, notes, or other obligations shall ever inure to the benefit of any individual or
private association or corporation, except that, in the event sufficient provision has
been made for the full payment of the expenses, bonds, notes, and other obligations
of the Authority, any net earnings of the Authority thereafter accruing shall be paid
to the City.
Section 1.4. Effect of Articles and Creation Ordinance. The affairs of the
Authority shall at all times be conducted in a manner subject to and in compliance
with the Articles and the ordinance of the City ordering the creation of the
Authority.
Section 1.5. Staff Functions. Staff functions for the Authority may be
performed by the City, under direction of the City Manager of the City, subject to
payment of any costs of such services by the Authority as billed from time to time
by the City Manager. The Authority shall make payments as billed therefor from
funds available to the Authority.
ARTICLE II
BOARD OF DIRECTORS
Section 2.1. Powers, Number, and Term of Office. (a) The property and
affairs of the Authority shall be managed and controlled by the Board of Directors,
and, subject to the restrictions imposed by law, the Articles, these Bylaws, and any
ordinance or resolution of the City Council, the Board of Directors shall exercise all
of the powers of the Authority.
OS2sD/13
(b) The Board of Directors shall consist of not fewer than three nor more
than five directors, each of whom shall be appointed by the City Council. The
initial Board of Directors shall consist of three members, which size shall continue
until changed by ordinance or resolution of the City Council.
(c) The directors constituting the initial Board of Directors shall be
those directors named in the Articles, each of whom, as well as any subsequent
directors, shall serve for a term of two years or until his or her successor is
appointed by the City Council.
(d) Any director may be removed from office at any time, with or
without cause, by ordinance or resolution of the City Council. All vacancies shall be
filled by appointment by the City Council.
Section 2.2. Place of Meetings. The Board of Directors may hold its
meetings at any place which the Board of Directors from time to time may
designate; provided that, in the absence of any such designation, the meetings shall
be held at the principal offices of the City.
Section 2.3. Regular Meetings. Regular meetings of the Board of Directors
shall be held without necessity of notice at such times and places as shall be
designated, from time to time, by resolution of the Authority, a copy of which shall
be given to the City Manager of the City.
Section 2.4. Special Meetings. (a) Special meetings of the Board of Directors
shall be held whenever called by the president, the secretary, or a majority of the
directors then in office or upon advice of or request by the City Council. At least
three days prior to any special meeting, the Authority shall notify the City Manager
of the City or an assistant that such meeting is to be held and the purposes thereof.
However, with the approval of the City Manager or an assistant, a special meeting
may be held without such notice.
(b) The Authority shall give notice to each director of each special
meeting in person, or by mail, telephone, or telegraph, at least two hours before the
meeting. However, such notice to the directors is not required for any special
meeting at which all directors then in office are present.
(c) Any matter that may be considered and acted upon at a regular
meeting of the Board of Directors may be considered and acted upon at a special
meeting unless otherwise indicated at the notice of the special meeting.
Section 2.5. Quorum. A majority of the number of directors constituting the
Board of Directors shall constitute a quorum for the consideration of matters
pertaining to the purposes of the Authority. The act of a majority of the directors
present at a meeting at which a quorum is in attendance shall constitute the act of
the Board of Directors, unless the act of a greater number is required by law or by
these Bylaws.
Section 2.6. Conduct of Business. (a) At the meetings of the Board of
Directors, the matters on the agenda shall be considered in such order as from time
to time the Board of Directors may determine.
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(b) At all meetings of the Board of Directors, the president shall preside,
and in the absence of the president, the vice president shall preside.
(c) The secretary shall act as secretary of all meetings of the Board of
Directors, but in the absence of the secretary, the presiding officer, subject to
Section 3.1(a) of these Bylaws, may appoint any person to act as secretary of the
meeting.
Section 2.7. Executive Committee. The Board of Directors, by resolution
passed by a majority of the directors in office, may designate two or more directors
to constitute an executive committee, which committee, to the extent provided in
such resolution, shall have all of the authority of the Board of Directors in the
management of the Authority, except where action of the Board of Directors is
required by law or by the Articles. The executive committee shall act in the
manner provided in such resolution. The executive committee shall keep regular
minutes of its proceedings, shall cause such minutes to be recorded in books kept for
that purpose in the office of the Authority, and shall file such minutes with the
Board of Directors from time to time.
Section 2.8. Compensation of Directors. Directors as such shall not receive
any salary or other compensation for their services, except that they may be
reimbursed for their actual expenses incurred in performing such services.
ARTICLE III
OFFICERS
Section 3.1. Titles and Term of Office. (a) The offices of the Authority shall
be a president, a vice president, a secretary, a treasurer, and such other offices as
the Board of Directors from time to time may determine. The offices of secretary
and treasurer may be combined, and the offices of vice president and assistant
secretary (if any) may be combined. In the absence of the secretary, any officer
other than the president may act in the secretary's place. The term of each office
shall be two years.
(b) Each officer shall be elected or appointed by the Board of Directors.
(c) All officers shall be subject to removal from office, with or without
cause, at any time by a vote of a majority of the directors then in office.
(d) A vacancy in any office shall be filled by election or appointment by
the Board of Directors for the unexpired term.
Section 3.2. President. The president shall be the chief executive officer of
the Authority, and, subject to the control of Board of Directors, the president shall
be in general charge of the properties and affairs of the Authority. The president
shall preside at the meetings of the Board of Directors. In furtherance of the
purposes of the Authority, the president may sign and execute contracts,
conveyances, franchises, bonds, deeds, assignments, mortgages, notes, and other
instruments in the name of the Authority.
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Section 3.3. Vice President. The vice president shall have such powers and
duties as may be assigned by the Board of Directors. The vice president shall
exercise the powers and perform the duties of the president during the president's
absence or inability to act, and any action so taken by the vice president shall be
conclusive evidence of the absence or inability of the president to act at the time
such action was taken.
Section 3.4. Treasurer. The treasurer is the custodian of all the funds and
securities of the Authority that come into the treasurer's hands. When necessary or
proper, the treasurer may endorse, on behalf of the Authority, for collection or
payment, checks, notes, and other obligations and shall deposit the same to the
credit of the Authority in such depository or depositories as have been designated in
the manner prescribed by the Board of Directors. The treasurer may sign all
receipts and vouchers for payment made to the Authority, either alone or jointly
with such other officer as is designated by the Board of Directors. Whenever
required by the Board of Directors, the treasurer shall render a statement of the
Authority's cash account, and the treasurer shall enter or cause to be entered
regularly in the books of the Authority to be kept for that purpose full and accurate
amounts of all monies received and paid out on account of the Authority. The
treasurer shall perform all acts incident to the position of treasurer, subject to the
control of the Board of Directors.
Section 3.5. Secretary. (a) The secretary shall keep the minutes of all
meetings of the Board of Directors in books provided for that purpose and shall
attend to the giving and serving of all notices for or on behalf of the Authority. In
furtherance of the purposes of the Authority, the secretary may sign with the
president in the name of the Authority and/or attest the signature of the president
on contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes
and other instruments of the Authority. The secretary shall have charge of the
Authority's corporate books and records and such other property of the Authority as
the Board of Directors may direct, all of which shall at all reasonable times be open
to inspection upon application at the office of the Authority during business hours.
The secretary shall perform all duties incident to the office of secretary, subject to
the control of the Board of Directors.
(b) An assistant secretary may perform any of the duties and exercise
any of the authority of the secretary, subject to the control of the Board of
Directors.
Section 3.6. Compensation. Officers as such shall not receive any salary or
other compensation for their services, except that they may be reimbursed for their
actual expenses incurred in performing such services.
ARTICLE IV
PROVISIONS REGARDING ARTICLES OF INCORPORATION
AND BYLAWS
Section 4.1. When Bylaws Take Effect. These Bylaws shall become effective
upon the approval of these Bylaws by the City Council of the City and the adoption
of these Bylaws by the Board of Directors.
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O$2SDill
Section 4.2. Amendments to Articles and Bylaws. (a) The Articles may be
amended as prescribed therein.
(b) These Bylaws may be amended at any time and from time to time by
the Board of Directors, with approval of the City Council of the City.
ARTICLE V
GENERAL PROVISIONS
Section 5.1. Principal Office. The principal office of the Authority shall be
located at the principal offices of the City.
Section 5.2. Fiscal Year. The fiscal year of the Authority shall be as
determined by the Board of Directors.
Section 5.3. Seal. The seal of the Authority shall be as determined by the
Board of Directors.
Section 5.4. Resignations. Any director or officer may resign at any time.
Such a resignation shall be made in writing directed to the Mayor of the City and
the president of the Authority. A resignation shall take effect at the time specified
therein, or, if no time is so specified, at the time of its receipt by the Mayor and the
president. The acceptance of a resignation is not necessary to make it effective,
unless expressly so provided in the resignation.
Section 5.5. Action Without a Meeting of Directors or Committee. Any
action that may be taken at a meeting of the Board of Directors or of any
committee may be taken without a meeting if a consent in writing, setting forth the
action to be taken, is signed by all of the directors then in office, or all of the
members of the committee, as the case may be, and by the city manager of the
City. Such consent shall have the same force and effect as a unanimous vote of the
Board of Directors.
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