12-09-1997 (City Council) Agenda Packet AGENDA
WYLIE CITY COUNCIL
Wylie Municipal Complex
Tuesday, December 9, 1997
6:30 p.m.
CALL TO ORDER
INVOCATION - Rev. Mona Bailey
PLEDGE OF ALLEGIANCE
CONSENT AGENDA ITEMS
1. Consider and Act Upon Approval of the Minutes from the November 11 Council Meeting
2. Consider and Act Upon Final Acceptance of the Construction of McCreary Road Paving
and Drainage Improvements From the Railroad Tracks North of FM 544 to South Fork
Mobile Home Park, and Provide Authorization for Final Payment to XIT Paving and
Construction, Inc in the Amount of$27,944.62 and Accept the Project as Complete
3. Consider and Act Upon Final Acceptance of the Construction of the 1997 Extended Alley
Reconstruction (Alley Between Briarwood and Dogwood), and Provide Authorization for
Change Order No. 1 and Final Payment to Allied Builders in the Amount of $18,570.10
and Accept the Project as Complete
ACTION ITEMS
4. Consider and Act Upon Approval of an Ordinance Abandoning the ROW on North First
Street Between Marble and Oak
5. Consider and Act Upon Approval of a Resolution Appointing Members to a Citizens
Charter Committee
PUBLIC HEARINGS
6. Hold the Second of Two Public Hearings for the Disannexation of 15.61 Acres out of the
Richard Newman Survey, Abstract No. 660, Collin County, Texas and Being Part of the
195.939 Acre Tract of Land Described in Deed to Belco Equities, Inc., Recorded in Collin
County Clerk's File No. 95-0003093 of the Land Records of Dallas County, Texas
7.. Hold the Second of Two Public Hearings for the Annexation of 22.52 Acres out of the
Richard Newman Survey, Abstract No. 660, Collin County, Texas and Being Part of the
411.15 Acre Tract of Land Described in Deed to C. J. Thomsen, Recorded in Volume 742,
Page 64 of the Deed Records of Collin County, Texas
8. Hold the Second of Two Public Hearings for the Annexation of 52.84 acres out of the
Richard Newman Survey, Abstract No. 660, Collin County, Texas and the Richard
Newman Survey, Abstract No. 10-72, Dallas County, Texas and Being Part of the 411.15
Acre Tract of Land Described in Deed to C. J. Thomsen, Recorded in Volume 78045,
Page 4135 of the Deed Records of Dallas County, Texas
STAFF REPORTS
CITIZEN PARTICIPATION
WORKSESSION
9. Discuss Street Impact Fees
10. Discuss Ambulance Proposal
EXECUTIVE SESSION
11. Hold Executive Session Under Section 551.072 Deliberations about Real Property
Concerning the Wastewater Plant
RECONVENE INTO OPEN MEETING
Take Any Necessary Action as a Result of the Executive Session
WORKSESSION
12. Discuss the Wylie Economic Development Corporation and Chamber of Commerce
Executive Director Position
ADJOURNMENT
Posted on this the 5th day of December 1997 at 5:00 p.m.
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER
SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY
CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170
WYLIE CITY COUNCIL
CONSENT AGENDA COMMUNICATION
ITEM NO 2
December 9, 1997
Issue
Consider and act upon final acceptance of the construction of McCreary Road paving and
drainage improvements from the railroad tracks north of FM 544 to South Fork Mobile Home
Park, and provide authorization for final payment to XIT Paving and Construction, Inc. in the
amount of$27,944.62 and accept the project as complete.
Background
XIT Paving and Construction Company, Inc. was awarded the contract for the construction
of McCreary Road paving and drainage improvements from the railroad tracks north of FM
544 to South Fork Mobile Home Park.
This project consisted of the construction of the north bound lanes of the future 4-lane
divided thoroughfare, (McCreary Road) and related drainage improvements. The center line
of the right-of-way is the City of Wylie and the City of Murphy's common city limit line. The
construction of the other half of this thoroughfare will be the responsibility of the City of
Murphy. Until that time, this road will function as a 2-lane undivided collector.
Construction began on March 3, 1997 and was substantially complete within the allotted
contract time. McCreary Road was open for traffic on September 17, 1997. A final walk
through was conducted by City Staff and members of The Hogan Corporation on September
24, 1997. All work performed was in compliance with the plans and specifications and is
acceptable to City Staff and the Engineer. There were no quantity/cost overruns or
underruns on this project.
Board Recommendations
N/A
Financial Considerations
This project was financed through funds from the 1995 Bond Program - Phase 2. The
original projected bond construction cost for this project was approximately $646,967.00.
The actual final cost of construction was $558,892.31.
The final payment request for $27,944.62 is for retainage only.
Consent Agenda
Item No 2
Page 1
Other Considerations
Acceptance by the City Council will initiate the one year warranty period in which the
contractor is liable for any repairs which may be required in that time period. A provision
in the contract provides that the warranty period begins on the date of final acceptance
by the City.
Staff Recommendations
Staff recommends final acceptance of the project and final payment to XIT Paving and
Construction Company, Inc. in the amount of$27,944.62. The contractor has
satisfactorily fulfilled the terms of the contract.
Attachments
Contractor Affidavit of Final Payment and Release
Consent of Surety
Final Payment Request
Letter from The Hogan Corporation
(Val. ^ . .e. (69,e.6Aie
Prepared Fina Dept. Appr val City Manager Approval
Consent Agenda
Item No 2
Page 2
ii r4' 04 iV.i/ VOl ',OV ILVJ ILI/. nu ^^^ ..iLiL�(l.Lt,G �/ VV.), VVV
XIT TEL No .2142893249 Nov 12 .97 15 : 17 No .003 P .02
THE STATE OF TEXAS) CONTRACTORS AFFIDAVIT OP
FINAL PAYMENT AND RELEASE
COUNTY OF DALLAS •)
BEFORE ME. the undersigned authority, on this day personally appeared
L.8E C . H. M _SP nD .N ("Affidant") , who. after being by me duly sworn,
deposes and says that he is PRRSIDENT OF XIT PAVING . a CORPOATION
(corporation, partnership, trade name) of
DALLAS County, State of Texas (the "Contractor") , which said Contractor
was awarded the contract dated the 7OTH day of FFRstuesy , 19 97
for the construction of MCCREARY ROAD at
WYLIE, TEXAS (the "Work") , for a total consi-
deration of $558..692✓31 dollars to be paid to
the said Contractor (the "Contract") , and that Affiant has full power of author-
ity to make this affidavit.
That TN5 CITY OF WYLIE (the "Owner") has approved the
final estimate on said Work, and that the said Contractor has fully satisfied
and paid any and all claims chat may be covered by Chapter 53 of the Texas
Property Code, and Article 5160 of the Revised Civil Statutes of the State of
Texas, or any other applicable statutes or charter provisions, and that all
just bills for labor and materials have been paid and discharged by said
Contractor insofar as they pertain to the .cork in question.
That in addition to any funds which may have been previously paid by the
Owner, the Contractor hereby accepts the amount of $27.944.62
Dollars as FULL AND FINAL PAYMENT under the aforementioned
Contract, and hereby waives and releases any right Affiant and/or the Contractor
may have to pursue claims of any nature against the Owner arising out of or in
any manner connected with the performance of the Work and/or the Contract,
including but not limited co claims of third parties chat supplied maceria).
and/or labor for the work for or through the Contractor ("Subcontractors") ,
as well as claims for delay, additional compensation or for recovery of liquida-
ted damages which may have been withheld by the Owner. The Contractor shall
defend, hold harmless and indemnify the Omer from any such claims of such
Subcontractors. The Contractor further releases the Owner from any claim or
liability arising from any act or neglect of the Omer related to or connected
with the Contract . This affidavit is given pursu nt co the final payment
provisions of the Contract, and shall not be de mcd co alter or modify the
terms and provisions of said Contract.
(Affiant)
(Printed Name)
SUBSCRIBED AND SWORN TO BEFORE ME, this the ___12TH day of NOYEMBER.
19 97 /1
t d .
(Nor ry Public in and for the State of Texas)
o ,�>tt••:. ' Y BOND I
4 dWI
'�, My oa 1 C jTS2IbA_L. D*70 Near/Pura,ago°Magi
10r3 AS (Printed Name of Notary)
My rommission expires 10-31-98
as r� VI aVav yV,r iVv ,avV ltlL ltV V.l. \.Vl\I • VVV, VVV
XIT TEL No .2142893249 Nov 12 ,97 16 : 1? No .003 P .03
CONSENT OF SURETY OWNER [l
TO FINAL PAYMENT AR`rtlrRcr • 0
MADoaiir nt G707 UR TRACTOR
. SURTN 0
(Instructinm on reverse side) BOND NO.22-031.458 (mire LI
TO OWNER ARCHITECT'S PROJECT NO.;
'Nome wdadebriU
CITY OF WYUE
P.O.BOX 428 CONTRACT FOR: PAVING&DRAINAGE IMPROVEMENTS
WYLIE,TX 75098
PROJECT: CONTRACT DATED: OCTOBER 07, 1997
(Na„Ir o, l wiam:l
CONSTRUCTION OF APPROXIMATELY4,500 LINEAR FEET OF 25-F001 WIDE CONCRETE STREET,INCLUDING
CURBS AND RELATED DRAINAGE FACILITIES,ALONG McCREARY ROAD FROM FM 544 TO THE SOUTHFORK
MOBILE HOME PARK IN WYLIE.TX
In accordance With the provisions of the Cuntntct hetwe n the Owner and the Contractor:1\in(Iit died alXtve.the
(rn 1•.t,w,nr user uf4/nv(aj
LIBERTY MUTUAL INSURANCE COMPANY
175 BERKELEY STREET
BOSTON,MA 02117
. SURF11Y,
on hood of
ll.�rr•n..,,,•.�,!a.4Jn-..:o�f1.+.u•,.crvr/
XIT PAVING AND CONSTRUCTION,INC.
P.O. BOX 495337
GARLAND,TX 1.5049.5337
, CONTRACTOR.
hercl/y approve of the r,n;tl payment to the Contractor,and iPrecs that Anal payment to the Contractor not relieve the Surety of
any of its vblig:dion.to
(/Nkrr wi„,r o.nr u,lr(.,-.LyOf,'.l<
CITY OF WYLIE
P.0 BOX 428
WYLIE,TX 75098
. OWNER.
as set forth In aria Surety'.bond.
IN WrINFSS WHEREOF,the Surety has hereunto set it.:hand on thh tLttc, OCTOBER 08, 1997
II...en/n u'nlnIK fb•,qu,tlh Fullt+,l vd(n'the llnl,lr.lf•trwfr a,n(,,‘de./
LIBERTY UT/ L INSURANCE COMPANY
BY: vat /
XXXX WI ESS TO St E (sir...,//,�ya,abv�fa.�.ry,a e.nr,vl
AtttSt; �,LGU2- SHERYL A. KLUTTS
(Seal). N• . KLU B- ATTORNEY CT IN-FA
IA
fP•i•grrl.11n,lr lnfcl,ifl.•/
AIHCAUTION: You should sign an original AIA document that has this caution printed In red. An
original assures that changes will not be obscured as may occur when documents are reproduced.
See Instruction Sheet for Limited License for Reproduction of this document.
AIA COCUM5N7 0707•antSI(OP SUIW Y 11)HNA)PAYMENT••1994 n ION•Na
Ot994•:ME AD•U:R1GnN114.7nlV1F.OFARCrrn1CiD,r73 NrV/YoKXAVENUE..MY.`UkSH-
CITY OF WYLIE
PAYMENT AUTHORIZATION REQUEST
11/24/97
Date Lisa Price
From
12/12/97
Due Date
[i Return Check to
Department
Vendor No.
Pay To:
XIT Paving and Construction, Inc.
P.O. Box 495337
Garland, Texas 75049-5337
Invoice Invoice Fund Dept No Object SAC Amount
Number Date (XXX) p00() ()0000q (XXX()
Final Payment 11/24/97 411 411 58210 6603 $27,944.62
......................
.......................
......................
GRAND TOTAL $2 941 [
Explanation: Final Payment and acceptance of the construction of McCreary Road paving and
drainage improvements. This request approved and accepted at the City Council
Meeting of December 9, 1997.
Finance Dept. Department Head
THE HOGAN CORPORATION
Engineers • Planners • Consultants
November 24, 1997
Mr. Mike Collins
City Manager
City of Wylie
2000 Hwy. 78 North
Wylie, TX 75098
Attention: Lisa Price, Project Coordinator
Re: Paving and Drainage Improvements along McCreary Road
THC#002-34.42
Dear Mr. Collins:
We are submitting herewith for your review four(4) copies of the final Progress Estimate for the
construction work completed by XIT Paving and Construction, Inc. for the period from August 23
through October 3, 1997, on the above referenced project. The items included in this month's pay
request have been reviewed and found to conform with the work actually performed.
The final pay request includes the retainage held on the previous pay requests. The Contractor has
submitted a"Consent of Surety"from the bonding company as well as an"Affidavit of All Bills
Paid." Copies of these documents are attached for your reference. Approval of the Final Pay
Request and acceptance of the project will initiate the one year warranty period.
With your approval of this final Progress Estimate , please execute all copies, retain two(2)copies
for your files, return one (1)copy to this office, and send one (1)copy to XIT Paving and
Construction, Inc., P.O. Box 495337, Garland, TX 75049-5337, along with your remittance in the
amount of$27,944.62.
Yours very truly,
THE HOGAN CORPORATION
Gregg .MacLean, P.E.
Vice President
Enclosures
.. Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620
Member, American Consulting Engineers Council North Dallas Bank Tower
Dallas, Texas 75230
TEL: (972) 392-4600
FAX: (972) 490-7163
Application for Payment Final - McCreary Road
Owner: City of Wylie For Period From: August 23, 1997
To: October 3, 1997
Project Name: Paving and Drainage Improvements along
McCreary Road
Owner's Project No.: Engineer's Project No.: 002-34
Contractor: XIT Paving and Construction, Inc.
Address: P.O. Box 495337
Garland,TX 75049-5337
CONTRACT AMOUNT CONTRACT TIME
Part A
Amount of Contract as Awarded: $558,892.31 Contract Date: February 20, 1997
Change Orders: Start Date: March 3, 1997
#1 Time Allotted: 150 cal.days
#2 Time Extensions: 0 cal.days
#3 Revised Contract Time: 150 cal.days
#4 Elapsed: 172.00 cal.days
#5 % Time Elapsed: 114.67%
#6 Remaining: -22 cal.days
Total Change Orders: $0.00
Total Adjusted Contract: $558,892.31
ESTIMATE SUMMARY
Amount Completed to Date (See Attached): $558,892.31
Material on Hand (See Attached):
PROJECT TOTAL TO DATE: 100.00% $558,892.31
Less 0% Retainage: $0.00
Less Previous Payments: $530,947.69
Total Deductions: $530,947.69 ($530,947.69)
TOTAL AMOUNT DUE THIS ESTIMATE: $27,944.62
Recommended: Approved:
By: By:
`(/2 C7
Date: Date:
Engineer City of Wylie
10/8/97 Page 1 App for Pay FINAL-McCreary XIT
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TEAS 73 .P,-533T
MONTHL1 EST:MATE
O.ECT NAME. MOCPEAR; POAD
PE OF wOPK: PArIN3 ANC ,PAINADE J,PRO4EMENTS
TiMATE PERIOD: FIN.IL
LL TO: CITi 3F wILIE ,,, ,Jui:i
: :. S:A ,!_C , NORTH DALLAS SANK TNEP, SIE. 61:
w1L:E, -A. ,,, :c)..,.. riitS ,:N RI,. 1
DALLAS, 1.1,. 7;i4
.A.6, 03-,:C7-97
Ev OESCRIETI3N ,LNI' OF: CONTRAOT : I:REV '4:PK :WORK PERFORMED : TOTAL WORK 1 CONTRACT :TOTAL i AMOUNT I AMOLNT DUE i CONTRACT
MES3t:OJANI :iL:JIP:RFORME3 ; TH:S PERIOD : PERFORMED : UNIT PRICE :WORK PERFORMED :TH:S ESTIMATE : AMOUNT
3 7 REMD,A, OF , L7 t 7 43.C;r:; t 4 I-0.00 t
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:7;.,: 1 .0MFE,EC = 1:30.0047 tLES3 % RETAINEOx _
7u1L AMLINT :OLE : : tAMOUNT PAYAELE CN CONTRAIT x $558,892.3'
tTETAINED THIS PEF:OD = 1 *LESS PPEVIOUS PA'IMENT 7 $510,9-7.:'
IAMO-47 DUE THIS ESTIMATE
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WYLIE CITY COUNCIL
CONSENT AGENDA COMMUNICATION
ITEM NO 3
December 9, 1997
Issue
Consider and act upon final acceptance of the construction of the 1997 Extended Alley
Reconstruction (alley between Briarwood and Dogwood), and provide authorization for
Change Order No. '1 and final payment to Allied Builders in the amount of$18,57010 and
accept the project as complete.
Background
Allied Builders was awarded the contract for the reconstruction of the alley between
Dogwood Drive and Briarwood Drive. This project consisted of the reconstruction of
approximately 1,100 linear feet of concrete alley. It also included adjustments to existing
driveways and related items.
Change Order No. 1 has been prepared and attached for your review. It consists of various
unit price item quantity overruns and underruns. It also includes an additional pay item for
expansion joints which were added at the City's request. The Engineer and City Staff have
reviewed the items and qualities included in Change Order No. 1 and recommend approval
of all items included.
A final walkthrough was performed by the City Staff, the Engineer, and the Contractor on
October 22, 1997. All items noted as deficient during the walkthrough have been corrected
and the job is ready for final acceptance.
Board Recommendations
N/A
Financial Considerations
The alley reconstruction project between Briarwood and Dogwood is part of the FY1997
Street and Alley Program budgeted in the Street Department. The original contract as
awarded was $64,211.00. Change Order No. 1 is $11,366.00 . The final contract amount
including Change Order No. 1 is $75,577.00. The final payment due the contractor is
$18,570.10.
•
Consent Agenda
Item No 3
Page 1
Financial Considerations -continued
However, $33,907.70 of the cost of this project was completed after the close of the FY1997
and is being paid during FY1998. A budget amendment of the above amount will need to
be made in the Street Department budget.
Legal Considerations
The one year warranty period for this project begins from the date of final acceptance.
Staff Recommendations
Staff recommends final acceptance of the project and issuing final payment to Allied
Builders in the amount of$18,570.10. The contractor has satisfactorily fulfilled the
terms of the contract.
Attachments
Contractor Affidavit of Final Payment and Release
Consent of Surety
Final Payment Request
Change Order No. 1
The letter from Hogan Corporation
Prepared Finan Dept. Appro al City Manager Approval
Consent Agenda
Item No 3
Page 2
CITY OF WYLIE
PAYMENT AUTHORIZATION REQUEST
12/2/97
Date Lisa Price
From
12/12/97
Due Date
a( Return Check to
Department
Vendor No.
Pay To:
Allied Builders, Inc.
P.O. Box 763339
Dallas, Texas 75376-3339
Invoice Invoice Fund Dept No Object SAC Amount
Number Date ()000 p00() ()0000() ()000C)
i
Final Payment 11/26/97 1 411 411 58210 0000 $18,570.10
GRAND TOTAL S ' 7 `X0 ' '1
Explanation: Final Payment and Change Order No. 1 for the construction work completed for alley
reconstruction between Dogwood and Briarwood. Project is complete and
accepted by Council at their meeting on December 9, 1997.
Finance Dept. Department Head
THE HOGAN CORPORATION
Engineers • Planners • Consultants
November 26, 1997
Mr. Mike Collins
City Manager
City of Wylie
2000 Hwy. 78 North
Wylie, TX 75098
Attention: Lisa Price, Project Coordinator
Re: Alley Reconstruction between Dogwood&Briarwood
(Extended 1997 Alley Improvements)
THC#002-21.09
Dear Mr. Collins:
We are submitting herewith for your review four(4)copies of Change Order#1 and the Final
Progress Estimate for the construction work completed by Allied Builders, Inc. for the period from
October 24,through November 23, 1997, on the above referenced project. Change Order#1
reflects various unit price quantity over and underruns. The quantity changes are due to
adjustments made in the field to accommodate private driveway connections. It also includes an
additional item for expansion joints for the driveways at the request of the City. Change Order#1
is for$11,366.00. The items included in Change Order#1 and in this month's pay request have
been reviewed and found to conform with the work actually performed. The original contract
amount was $64,211.00. Therefore,the final contract amount for this project, including Change
Order#1, is $75,577.00.
The Contractor has submitted a"Consent of Surety"from the bonding company as well as an
"Affidavit of All Bills Paid." Copies of these documents are attached for your reference. With
your approval of Change Order#1 and this Final Progress Estimate, please execute all copies,
retain two (2) copies for your files, return one (1) copy to this office, and send one(1) copy to
Allied Builders, Inc., P.O. Box 763339, Dallas, TX 75376-3339, along with your remittance in
the amount of$18,570.10.
Yours very truly,
THE HOGAN CORPORATION
9 y
Grego IacLean, P.E.
Vice President
Enclosures
Member, Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620
�.4 Member, American Consulting Engineers Council North Dallas Bank Tower
Dallas, Texas 75230
TEL: (972) 392-4600
FAX: (972) 490-7163
CHANGE ORDER
No. 1
PROJECT: Alley Reconstruction between DATE OF ISSUANCE: November 26, 1997
Dogwood & Briarwood (Extended 1997 Alley
Improvements)
OWNER: City of Wylie OWNER's Project No.
2000 Hwy. 78 North
Wylie, TX 75098
CONTRACTOR: Allied Builders, Inc. ENGINEER: The Hogan Corporation
P.O. Box 763339 12900 Preston Road, Suite 620
Dallas, TX 75376-3339 Dallas, Texas 75230
ENGINEER's Project No. THC No. 002-21.09
Description: Alley reconstruction
Purpose of Change Order: Overrun on quantities and extra expansion joint
Attachments: Application for payment #4 and attachments
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
$ 64,211.00 60 cal days substantial/90 cal days final
days or date
Previous Change Orders No. to No. Net change from previous Change Orders
$ 0 0
days
Contract Price prior to this Change Order Contract Time Prior to this Change Order
$ 64,211.00 60 cal days substantial/90 cal days final
days or date
Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order
$ 11,366 .00 0
days
Contract Price with all approved Change Orders Contract Time with all approved Change Orders
$ 75, 577.00 60 cal days substantial/90 cal days final
days or date
RECOMMENDED: APPROVED: APPROVED:
by Eby by
Gregory S. MacLean, P.E. Mike Collins, City Manager
The Hogan Co orati n City of Wylie Allied Builders, Inc.
DATE: Z" 7 DATE: DATE:
Application for Payment No 4 - Extended Alley Reconstruction
Owner: City of Wylie For Period From: October 24, 1997
To: November 23, 1997
Project Name: Alley Reconstruction between Dogwood&Briarwood
(Extended 1997 Alley Improvements)
Owner's Project No.: Engineer's Project No.: 002-21.09
Contractor: Allied Builders, Inc.
Address: P.O. Box 763339
Dallas,TX 75376-3339
CONTRACT AMOUNT CONTRACT TIME
Part A
Amount of Contract as Awarded: $64,211.00 Contract Date: July 23, 1997
Change Orders: Start Date: July 23, 1997
#1 $11,366.00 Time Allotted: 90 cal.days
#2 Time Extensions: 0 cal.days
#3 Revised Contract Time: 90 cal.days
#4 Elapsed: 90.00 cal.days
#5 %Time Elapsed: 100.00%
#6 Remaining: 0 cal.days
Total Change Orders: $11,366.00
Total Adjusted Contract: $75,577.00
ESTIMATE SUMMARY
Amount Completed to Date (See Attached): $75,577.00
Material on Hand(See Attached): $0.00
PROJECT TOTAL TO DATE: 100.00% $75,577.00
Less Previous Payments: $57,006.90
Total Deductions: . • $57,006.90 ($57,006.90)
TOTAL AMOUNT DUE THIS ESTIMATE: $18,570.10
Recommended: Approved:
By: By:
/// / 7
Date: Date:
Engineer City of Wylie
11/26/97 Page 1 App for PayNo 4-Alleys Allied.xls
City of Wylie
Extended Alley Reconstruction
Pay Application #4
For Period: 10/24/97 to 11/23/97
Contract Previous Work Work Performed Total Work Contract Total$Previous Amount Due Contract Amount
Item Description of Work Unit Quantities Performed This Period Performed Unit Price Work Performed This Estimate Amount Completed to Date
1 Unclassified Street Excavation C.Y. 420 420 235 655 $10.00 $4,200.00 $2,350.00 $4,200.00 $6,550.00
2 Removal of Existing Concrete S.Y. 1,321 1,321 208 1,529 $7.00 $9,247.00 $1,456.00 $9,247.00 $10,703.00
Alley&Driveway Pavement
3 Adjusting Existing Manhole Ea. 1 1 0 1 $400.00 $400.00 $0.00 $400.00 $400.00
to Grade
4 Construct 6-inch Lime S.Y. 1,515 1,515 0 1,515 $4.00 $6,060.00 $0.00 $6,060.00 $6,060.00
Stabilized Subgrade(7 1/2%)
5 Furnish Hydrated Lime Ton 26 26 0 26 $150.00 $3,900.00 $0.00 $3,900.00 $3,900.00
6 Furnish&Install Reinforced S.Y. 1,259 1,229 10 1,239 $29.00 $35,641.00 $290.00 $36,511.00 $35,931.00
Concrete Alley Pavement
7 Furnish&Install Reinforced S.Y. 104 104 208 312 $25.00 $2,600.00 $5,200.00 $2,600.00 $7,800.00
Concrete Driveway Pavement
8 Furnish&Install Seeding S.Y. 634 634 0 634 $1.50 $951.00 $0.00 $951.00 $951.00
9 Furnish&Install Fertilizer at Lbs. 57 57 0 57 $6.00 $342.00 $0.00 $342.00 $342.00
rate of 10 lbs.Per 1,000 S.Y.
CHANGE ORDER
Expansion Joint L.F. 0 0 980 980 $3.00 $0.00 $2,940.00 $0.00 $2,940.00
Totals: $63,341.00 $64,211.00 $75,577.00
CONTRACTOR'S
AFFIDAVIT OF
RELEASE OF LIENS
/ ALL BI1;LS PAID
TO (Owned PROJECT NO: THC #002-36.20
CONTRACT FOR: ALLEY RECONSTRUCTION
CITY OF WYLIE BETWEEN BRIARWOOD &
2000 HWY. 78 NORTH DOGWOOD, WYLIE, TEXAS.
WYLIE, TEXAS 75098
CONTRACT DATE:07/23/97
PROJECT: ALLEY RECONSTRUCTION BETWEEN DOGWOOD & BRIARWOOD
(Name, Address) WYLIE, TEXAS.
Stale of: TEXAS
County of:DALLAS
The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AlA Document
A201 hereby certifies that to the best of his knowledge. information and belief, except as listed below, the Releases
or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment,
and all performers of Work, labor or services who have or may have liens against any property of the Owner arising
in any manner out of the performance of the Contract referenced above.
EXCEPTIONS: (If none, write "None", If required by the Owner, the Contractor shall furnish bond satisfactory to the
Owner for each exception.)
None
CONTRACTOR:ALLIED BUILDERS, INC.
Address: P 41 BOX 763339
,AS, TX. 75376-3339
w
BY: Vs,
•
----- - -ytt.l.cnbe- - _-�- -_ and sworn to before me this
-- �
/-;aPY P(;e-., SCOTT J.WHEATL 'cf-'day of�'1 eoe4.1(,t/ 19 �j 7
\ NOTARY PUBLIC
* *r STATE-OFTEXAS----:
y
.i�- My Corrvn.Exp.03-0t ry Public: fir,.
of-
- - _ _ -. = ommission Expires: •3_ j_ pp
ONE PAGE
UNIVERSAL SURETY OF AMERICA
950 Echo Ln, #250, Houston, TX 77024
OWNER ❑
ARCHITECT ❑
CONSENT OF SURETY CONTRACTOR ❑
TO FINAL PAYMENT SURETY ❑
OTHER ❑
BOND NO.: TX 0920823 00
TO OWNER: City of Wylie,Texas ARCHITECT'S PROJECT NO.:
(Name and Address) 2000 Hwy. 78 North
Wylie,Texas 75098 CONTRACT FOR:
extended 1997 alley
improvements
PROJECT: Between Brianvood and CONTRACT DATED:
(Name and Address) Dogwood
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the
(Insert name and address of Surety)
Universal Surety of America, 950 Echo Ln, #250, Houston, TX 77024
, SURETY,
on bond of
(Insert name and address of Contractor)
Allied Builders, Inc.,
P. O. Box 763339, Dallas, Texas 75376
, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contact shall not
relieve the Surety of any of its obligations to
(Insert name and address of Owner)
City of Wylie, Texas
2000 Hwy. 78 North, Wylie, Texas 75098
,OWNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: October 22, 1997
(Insert in writing the month followed by the numeric date and year.)
Universal Surety of America
(Surety) V/�
•
ignature of authorized representative)
Attest: Michael P. Whisenant, Attorney-in-Fact
(Seal): (Printed name and title)
Form G707— 1994
UNIVERSAL SURETY OF AMERICA
P.O. BOX 1068 •Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY-CERTIFIED COPY Bond Number
TX 0920823 00
Know All Men by These Presents,That UNIVERSAL SURETY OF AMERICA,a corporation duly organized and existing under the laws of
the State of Texas,and having its principal office in Houston,Texas,does by these presents make,constitute and appoint
Michael P.Whisenant
its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and
deliver bonds for:
Principal: Allied Builders,Inc.
Obligee: City of Wylie,Texas
Amount: S64,211.00
and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the
company and duly attested by its secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the above stated
limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of
America at a meeting held on the 11th day of July, 1984.
"Be It Resolved,that the President,and any Vice President,Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation,and the seal of the corporation may be affixed or printed by facsimilie to any
power of attorney of the corporation,and that such printed facsimilie signature and seal shall be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its
corporate seal to be hereto affixed this 30th day of September,A.D.,1996.
UNIVERSAL SURETY OF AMERICA
..•``���RE7Y o'.
IiiV7
siA194:114.D
Tcuc: Jo nox,Jr. President
State of Texas
ss:
County of Harris
On this 30th day of September,in the year of 1996,before me Rhonda Kay Wilke,a notary public,personally appeared John Knox,Jr.,
personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.110/".4.45% C4-Le,t / J n
IFIRtN
t
t t f _
I I V Notary Public
I,the undersigned Secretary of Universal Surety of America,hereby certify that the above and foregoing is a full,true and correct copy of the
Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still in affect.
GIVEN under my hand and the seal of said company,at Houston,Texas,this 22ND day of OCTOBER , 19 97
Assistant Secretary
For verification of the authority of this power you may telephone(713)722-4600.
WYLIE CITY COUNCIL
rt1/11'
ACTION AGENDA COMMUNICATION
ITEM NO 4
December 9, 1997
Issue
Consider and act upon approval of an Ordinance abandoning the ROW on South First Street
between Marble and Oak.
Background
Dr. Al Draper, representing The First Baptist Church of Wylie, has requested that the City of
Wylie abandon the portion of South First Street that lies between Marble and Oak Streets.
The First Baptist Church is the sole property owner of all properties adjacent to to this portion
of South First Street, having purchased all of the property on the west side of the street. The
Church plans on using the abandoned Right of Way (ROW) and adjoining property on the
west side of the ROW for the future expansion of their facilities. These plans include a new
sanctuary, expansion of their classroom and education facilities, and additional parking.
Following is a brief summary of the procedure which was approved by the City Council for the
abandonment of a street or alley. The applicant requesting the abandonment must submit a
written request with the Community Development Department. An internal evaluation will be
completed to determine if the City will recommend abandonment of the street. A review will
be conducted to check for miscellaneous utilities in the street. If any utility lines are found in
the street, the property owner will be required to donate a utility easement for the existing
lines. The City will complete an appraisal which is required by State Law in Section 272.001
of the Local Government Code(this cost will be charged back to the applicant) and the
applicant will be assessed fair market value for the street property. State Law does not allow
the City to convey, sell, or exchange the land for less than fair market value. The request will
be forwarded to the City Council for formal approval. The abandonment takes place through
an Ordinance or Quit-Claim Deed.
Staff has reviewed the request and ascertained that the ROW contains no utilities other than
a 1-1/2 inch water line that runs north from Marble Street to serve a church building in the
northwest corner of the existing church property, east of South First Street. Staff also
conducted traffic counts for a week on the portion of South First Street under consideration.
The traffic counts were as follows: Monday-218, Tuesday-211, Wednesday-248, Thursday-
202, Friday-198, and Saturday-501.
Action Agenda
Item No 4
Page 1
Background -continued
The City also acquired the services of Fuller Appraisals to conduct an appraisal of the
property and establish its fair market value. The cost of this appraisal was paid for by the
proponent. The appraisal, which is attached, indicates that the fair market value of the
property is established at eighty cents ($0.80) a square foot for the 24,514.7 square feet (70
ft. X 350.21 ft.) of the ROW of South First Street between the northern edge of Marble Street
and the southern edge of Oak Street. The total fair market value of the ROW of South First
Street between Marble and Oak Streets would be $19,611.76. This figure was rounded to
a final overall value of$19,600.00. The appraisal contains comparable properties on which
to base the appraised value. An adjustment for the smaller size of the subject property, in
comparison to the larger comparables, is included in the appraisal. Also, its'location, in
relation to thoroughfares and business districts, is also calculated into the value established
in the appraisal.
Board Recommendations
N/A
Financial Considerations
State Law requires that the City convey, sell or exchange abandoned street or alley property
for fair market value. The fair market value has been established by an appraiser hired by
the City and paid for by the proponent. The fair market value was established by that
appraisal at $0.80 a square foot for 24,514.70 square feet for a total of $19,611.76. Fuller
Appraisals rounded this figure to $19,600.00. This money will be placed in the Street Capital
Fund for improvements and purchases of streets and/or alleys as required by State Law.
Other Considerations
Under State Law, cities are precluded from giving property away. Cities must, under Section
272.001 of the Local Government Code, obtain an appraisal to establish fair market value.
The City is then not allowed to convey, sell or exchange that land and those interests for less
than the fair market value of the land or interest.
Staff Recommendations
Staff recommends abandoning the portion of South First Street between Marble and Oak
Streets.
Attachments
•
Appraisal from Fuller Appraisals.
nni_
Prepared by Rev' ed by Fina ce City Manager Approval
Action Agenda
Item No 4
Page 2
Futte4 Aist44z4414
Real Estate Appraisers . Brokers . Consultants
1806 Suite B, Garland Shopping Center . Garland, Texas 75042
(972) 271-1507 . Fax # (972) 271-1509
November 17, 1997
Mr. Paul M. Phillips
Building Official
City of Wylie/Community Dev. Department
2000 S.H. 78 North
Wylie, Texas 75098
RE: Amended valuation of the property located in the 100 Block of North First Street, Wylie, Collin
County, Texas.
Dear Mr. Phillips:
I have completed an amended valuation of the property noted above. This letter serves to amend the value
of this property from the appraisal dated September 2, 1997. This amended valuation is based upon new
data supplied to this appraiser by Mr.Phillips.This new data is included with this transmittal. This new
information stated that the Right-of-Way in question consisted of an area being 70'by 350.21'. This total
area consist of 24,514.70 sq.ft
By applying this new area of 24,514.70 sq.ft. to the former appraised unit value of$0.80 sq.f.t. the
amended value of the subject Right-of-Way is noted as$19,611.76 This total amount is then rounded
to a final overall value of:
NINETEEN THOUSAND SIX HUNDRED DOLLARS
$19,600.00
I hereby state,that I, David L. Fuller, have no past,present, or future interest in the Subject property
Respectfully submitted,
FULLER APPRAISALS,
Da� Fulle RA, C
State of Texas, General Certified Real Estate Appraiser
TX-1320771-G/Expires May 31, 1999
DLF/d
City-Of Wylie.
October 27. 1997
Fuller Appraisals
1806 (B 1 Garland Shopping Center
Garland. Texas 75042
To Whom It May Concern:
The property listed as-Subject"on the"Site Plan"contained in the appraisal is as follows: A seventy
foot (70') Right-of-Way (ROW) beginning at the north ROW of Marble Street and ending at the
southern ROW of Oak Street. running 350.21 feet and containing a portion of First Street.
Let me know if you need a better description. Please return as soon as possible so that we may meet
our City Council deadlines.
Sincerely.
a : -
Paul M. Phillips
Building Official
Attachment
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Subject Photos
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APPR
AISAL
SA L OF
THE
PROPERTY
O ER T Y LOC
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ED AT
•
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A S 75 098
NMINIIMMEN
as of
SEPTEMBER 2,1997
for
MR.MIKE PHILLIPS,BLDG.OFFICIAL
CITY OF WYLIE/COMMUNITY DEV.DEPT.
2000 STATE HIGHWAY 78,NORTH
WYL
IE,TEXAS 75098
by
Fu((er J4ppraisa(s
1 806 B( ) Garland Shopping Center
Garland, Texas 75042
LAND APPRAISAL REPORT 3732
Borrower CITY OF WYLIE (NO BORROWER/CLIENT ONLY) Census Tract 313.03 Map Reference 663.Y
E Properly Address 100 BLOCK OFNORTH FIRST STREET
N City WYLIE County COLLIN Stale TEXAS Zip Code 75098
h>: Legal Description 100 BLK.OF NORTH FIRST STREET, SEE ATTACHED LEGAL DESCRIPTION & PLAT MAP
F Sale Price$ Date of Sale Loan Term _yrs. Properly Rights Appraised ❑x Fee ❑ Leasehold ❑ De Mlnlmis PUD
Ai Actual Real Estate Taxes$ (yr) Loan charges to he paid by seller$ Other sales concessions
J Lender/Client NONE/CLIENT CITY OF WYLIE _ Address 2000 HWY. 78, NORTH, WYLIE, TEXAS 75098
0 Occupant VACANT LAND Appraiser DAVID L. FULLER Instructions to Appraiser MARKET VALUE APPRAISAL
?_Location LJ Urban [x] Suburban ❑ Rural Good Avg Falr Poor
Built Up ® Over 75% Li 25%to 75% L_I Under 25% Employment Stability ❑ ❑x ❑ ❑
Growth Rale ❑ Fully Dev. ❑ Rapid L1 Steady ❑ Slow Convenience to Employment ❑ Li ❑ ❑
ii,Properly Values ❑ Increasing LJ Siahle ❑ Declining Convenience to Shopping CI 00 ❑
itDemand/Supply Li Shortage [x, In Balance Li Oversupply Convenience to Schools ❑ Lx ❑ ❑
E:: Marketing TIme Li Under 3 Mos. [xi 4-6 Mos. I-I Over 6 Mos. Adequacy o1 Public Transportation U L] ❑N LJ
6 Present Land Use 80 %1 Family 2 %2-4 Family 3 %Apls -. %Condo 5 %Commercial Recreational Facilities ❑ O ❑ ❑
f( 5%Industrial 5%Vacant % _- Adequacy of Utilities ❑ 00 ❑
-- --- ----------
a Change in Present land Use [] Not Likely I_] Likely(') LJ Taking Place(') Property Compatibility ❑ ❑X ❑ ❑
R To Protection from Detrimental Conditions ❑ 0 ❑ ❑
(')From
j{i Predominant Occupancy LI Owner Li Tenant ______%Vacant Police and Flre Protection ❑ u❑x7 CI❑ ❑
0. Single Family Price Range $ 40,000 to S 85,000 Predominant Value$ 65,000 General Appearance of Properties 0 � ❑
bSingle Family Age 5 yrs.to 4 0 yrs. Prodominanl Age 25 yrs. Appeal to Market J 1 xl ❑ ❑
: Comments including those factors,favorable or unfavorable,affecting marketability(e.g public parks,schools,view,noise): WYLIEJ COLLIN COUNTY TEXAS.
APPROXIMATELY ONE BLOCK NORTHEAST OF THE INTERSECTION OF STATE HIGHWAY 78 AND BALLARD
STREET. CLOSE TO ALL SCHOOLS, PARKS, AND SHOPPING. NO PUBLIC TRANSPORTATION.THIS SITE HAS
SOME COMMERCIAL/RETAIL INFLUENCE, AS WELL AS RESIDENTIAL INFLUENCE.
Dimensions SEE PLAT AND LEGAL DESCRIPTTON = 71438.40 Sq.Fl.or moor Lxj Corner Lot
Zoning Classification BUSINESS - 2 —_-_ Present Improvements Ec do ❑do not conform to zoning regulations
ii:: Highest and best use: Lx]Present Use Li Other(specily) VACANT LAND.AS WITH NO IMPROVEMENTS.
Public Other(Describe) OFF-SITE IMPROVEMENTS Topo LAND IS LEVEL
.,:. Elec. ❑x f
_-_- Street Access: I ci Public r I Private Size TYPICAL FOR AREA
S' Gas Lx] Surface_CONCRETE Shape RECTANGULAR
TI; Water Lid Maintenance:� [xj Public L_I Private View AVERAGE
San.Sewerf .J _-__— L+�`,J1 Storm Sewer LXJ Curb/Gutter Drainage APPEARS ADEQUATE
Li Underground Fleet.A Tel. L'V Sidewalk l r Street Lights is the property located In a HUD Identified Special Flood Hazard Area? LxJ No ❑Yes
Comments(favorable or unfavorable Including any apparent adverse easements,encroachments or other adverse conditions):NO FLOOD AREA INDICATED ON
FIRM MAP 480759 0015 B, DATED MARCH 2, 1989 COPY ENCLOSED. NO EASEMENTS NOTED OTHER THAN
STANDARD UTILITY EASEMENTS. SEE ATTACHED PLAT MAP OR LEGAL DESCRIPTION.
The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these In the market analysis. The description Includes
a dollar adjustment reflecting market reaction to those Items of significant variation between the subject and comparable properties. If a significant Item In the comparable
property is superior to or more favorable than the subject property,a minus(-) adjustment Is made thus reducing the Indicated value of subject;If a significant Item In the
:: comparable Is inferior to or less favorable than the subject property, a plus(a) adjustment is made thus Increasing the Indicated value of the subject.
N' ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
•A: Address 100 BLOCK SWC FM-544 & HOOPER FM-544 FRONTAGE N/S KIRBY ST. APPX.
OF NORTH_ WYLIE, TEXAS NEAR REGENCY 800'E.SH-78,WYLIE,TX_
: Proximity Io Subj. _- 2-3 MILES, EAST WYLIE,TX.2-3MIS_EAST 1-1.5 MILES, S.W.
T Sales Price $PER SQ.FT. $ 1 89/SF $ 1.33/SF $ 3.25/SF
$ 10000000 $ 30 0 00
D Price $NONE . 00
$ 65,968.50
Data Source ON SITE METRO MIS #G482117 METRO MLS #C456933 RODDY REPORT,SALE#51
T Dalest Sale and DESCRIPTION DESCRIPTION I Adbimenl DESCRIPTION I 3 ��L
L Adjus7ent DESCRIPTION I Adjustment
TheAdLtment 9-02-97 05-10-96 1 06-11-96 I 06-27-95 I
Location WYLIE WYLIE I WYLIE t WYLIE I
y SlteNiew AVERAGE SUPERIOR I - 0.95 SUPERIO R I - 0.47 SUPERIOR I - 1.62
SIZE 71438.40 SF 53029.94 SF I - 0.09 22,500 SF I - 0.27 20,298 SF I - 0.6E
1.—__ — —
T.
ZON BUSINESS-2 SIMILAR I SIMILAR I SIMILAR I
S. I I I
1
$. Sales or Financing CASH I CASH I 75%MKT.LOAN I
Concessions DOM 88� I DOM 1.043 I NOT QUOTED� I
Net Adj,�olalj L l Plus I El M i xinus S 1.04 L I Plus I XI Minus $ 0.74 1 1 Plus I Minus S 2.28
Indicated value - ---
alSubjecl $ 0.85 I $ 0.59 $ 0.97
Comments on Market Data: ALL COMPARABLES WERE WITHIN THE IMMEDIATE MARKET AREA OF THE SUBJECT (LESS THAN
3 MILE RADIUS) . ALL OF THE COMPARABLES WERE OF SIMILAR ZONING TO THAT OF THE SUBJECT. See
it _additional comments...
E. Commenlsand Conditions olAppralsat- THE SUBJECT IS A TRACT OF LAND WHICH IS CURRENTLY AN EXISTING STREET.
THIS REPORT IS INTENDED TO DETERMINE THE VALUE OF THIS IMPROVEMENT, AND THE IMPACT OF
N ABANDONING THIS IMPROVEMENT. See additional continents.. .
C`
Final Reconclilalion:ONLY THE SALES COMPARISON APPROACH TO VALUE WAS USED. THE COST AND INCOME APPROACHES
t' TO VALUE ARE NOT VALID ON PROPERTY CONSIDERED AS VACANT LAND. THUSt 71 438.40/SF OF SUBJECT
A LAND TIMES $0.80/SF OF APPRAISED VALUE,EQUALS, $57,150.40, ROUNDED TO:$57,000.00
1' I ESTIMATE THE MARKET VALUE,AS DEFINED,OF SUBJECT PROPERTY AS OF SEPTEMBER 2 19 97 to be S 57,000.00
F.Appraiser s /:) ----- -- ---
0: (��� Reveiw Appraiser(if applicable) ❑Did ❑Did Not Physically Inspect Property
N Signature �C-G7 Signature Name DAVID L. FULR, S , Date 09/02/97 Name Date / /
State TX L1 License Fcl Certification I TX 1320771-G State lr 7 License ❑ Certification I
Soilware for Real I slate Professionals.Inc. I(R06)523-0012
ruewu. j/.0
...... •> W.....biNi...:.�..LA.0..DIFIONALCOMMENTSy..W: ............ ..........._.
Borrower/Client CITY OF WYLIE (NO BORROWER/CLIENT ONLY)
Property Address 100 BLOCK OF NORTH FIRST STREET
City WYLIE County COLLIN State TEXAS Zip Code 75098
Lender MR. MIKE PHILLIPS, BLDG.OFFICIAL
COMMENTS ON MARKET ANALYSIS
HOWEVER, ALL OF THE SALES FRONTED TO MAJOR ROADWAYS; WHEREAS, THE SUBJECT IS LOCATED IN AN
OLDER MORE ESTABLISHED AREA OF THE CITY OF WYLIE, TEXAS. THE SALES WERE DEEMED MORE LIKELY
TO HAVE FUTURE COMMERCIAL/BUSINESS USAGAE DUE TO THEIR LOCATIONS THAN THAT OF THE SUBJECT
PROPERTY. THE SUBJECT IS LOCATED IN AN AREA OF OLDER BUSINESS' AND RESIDENTIAL DWELLINGS,
WITH VERY LITTLE EXPOSURE TO MAJOR ROADWAYS; HENCE, A LARGE LOCATION ADJUSTMENT IS NOTED
FOR THE SALES SUPERIOR SITES. ALL OF THE COMPARABLE SALES WERE SMALLER TRACTS THAN THAT OF
THE SUBJECT. GENERALLY SMALLER TRACTS YIELD GREATER SALES PRICES THAN LARGER TRACTS.
THEREFORE, BASED UPON THESE CONCLUSIONS SIZE ADJUSTMENTS WERE NOTED FOR SALES TWO, AND
THREE. OF THE SALES WERE GIVEN SIMILAR CONSIDERATION IN ACHIEVING A FINAL VALUE ESTIMATE.
COMMENTS&CONDITION OF APPRAISAL
THIS APPRAISER HAS CONSULTED WITH CITY OFFICIALS, STUDIED COMPARABLE DATA, AND CONSULTED
WITH OTHER PROFESSIONALS REGARDING THIS ASSIGNMENT. IN AN ASSIGNMENT OF THIS NATURE, ONE
MUST DETERMINE THE VALUE OF THE IMPROVEMENT BEFORE, AND AFTER THE TAKING OR IN THIS CASE
THE ABANDONMENT TO DETERMINE COMPLETE VALUE, OR IF ANY DETRIMENT IS CAUSED IN THE TAKING OR
THE ABANDONMENT. THE AREA WAS RESEARCHED TO DETERMINE THE OWNERSHIP OF THE PROPERTY ON
BOTH SIDES OF THE 100 BLOCK OF NORTH FIRST STREET, WYLIE, COLLIN COUNTY, TEXAS. THIS
RESEARCH INDICATED ALL PROPERTIES ON THE EAST AND WEST SIDES OF THIS STREET ARE OWNED BY
FIRST BAPTIST CHURCH OF WYLIE, TEXAS, FIRST BAPTIST CHURCH OF WYLIE, IS THE PARTY SEEKING
THE ABANDONMENT OF THIS STREET. BASED UPON THESE FACTS, THIS APPRAISER ASSUMES NO NEGATIVE
IMPACT TO OCCUR FROM THIS ABANDONMENT. THERE IS SOME THROUGH TRAFFIC; HOWEVER,
CONSULTATION WITH LOCAL REAL ESTATE BROKERS, INDICATED THAT LITTLE NEGATIVE IMPACT WOULD
OCCUR WITH THIS ABANDONMENT DUE TO THE LOCATION AND PROSPECTIVE USE OF THIS SITE, AS THERE
IS VIRTUALLY NO OTHER POSSIBLE USER OF THIS SITE, THAN FIRST BAPTIST CHURCH. THE CITY
OFFICIALS STATED THERE WERE NO MAJOR COST OF REROUTING UTILITIES OR OTHER CITY SERVICES
FROM THIS PORTION OF FIRST STREET. ALSO CITY OFFICIALS STATED THE STREET HAD BEEN PAID FOR
DURING IT'S DEVELOPMENT PHASE. IT IS THIS APPRAISERS OPINION, THE VALUE OF THIS PORTION OF
FIRST STREET, THEN BECOMES, A VALUE OF LAND. THIS PROPERTY IS THUS VALUED AS A VACANT LAND
TRACT, READY FOR FUTURE DEVELOPMENT. NO VALUE IS ASSIGNED THE IMPROVEMENTS, AS THEY HAVE
ALREADY BEEN PAID FOR THROUGH THE PRIOR DEVELOPMENT.
PURPOSE OF THE APPRAISAL
The purpose of this appraisal is to estimate the market value of the subject
property as of the effective date of the appraisal.
PROPERTY RIGHTS APPRAISED
The property rights being appraised are the unencumbered fee simple interest
in the subject property. Fee simple interest is defined as being an
absolute fee; a fee without limitations to any particular class of heirs or
restrictions, but subject to the limitations of eminent domain, escheat,
police power and taxation. An inheritable estate.
EFFECTIVE DATE
Unless otherwise stated, the effective date of valuation is the date of
physical inspection and is stated on the page two of the appraisal report.
SCOPE OF THE APPRAISAL REPORT
The scope of the appraisal means the extent of the process of collecting,
confirming and reporting data. We were contacted by the client identified
on Page One of this report, to prepare an opinion on the current Market
Value of the subject property. As previously mentioned, the function of the
appraisal is to assist the client in the evaluation of the property.
This process of collecting data and information concerning the subject
property and comparables consisted of contacting real estate developers,
brokers, builders, investors, and financial institutions. The appraiser has
also utilized various resource services for the information in regard to
these properties. Factual data collected on the comparable sales included
characteristics of the site and improvements, consideration of the sale
price given, extent of financing made available, if any, and date of sale.
LEGAL COMPLIANCE
It is assumed that there is full compliance with all applicable federal,
state and local environmental regulations and laws unless noncompliance is
stated, defined and considered in the LIMITED APPRAISAL report.
It is assumed that all applicable zoning and use regulations and
restrictions have been complied with, unless a nonconformity has been
stated, defined and considered in the LIMITED APPRAISAL report.
It ie assumed that all required licenses, consents or other legislative or
administrative authority from any local, state, or federal governmental or
private entity or organization have been or can be obtained or renewed for
any use on which the range of value estimate contained in this report is
based.
APPROACHED TO VALUE
Noted within this report, were the Cost Approach, utilizing local cost
factors, or the Harshall and Swift Residential Cost Handbook. Please note
the Marshall and Swift Handbook was sometimes used as a guide, and local
cost estimates were considered as additional references to this data. In
most cases, the Age/Life Method of Depreciation was utilized in this report.
The Income Approach, was considered; and the findings were so noted in the
income section of this report. When not applied in the report, the findings
from the market indicated there was not substantial data to support an
income approach for the subject; or an income approach was not applicable to
the type of property being appraised.
The Sales Comparison Approach, was considered and so noted throughout
various portion of this report. This data is stated within the attached
appraisal grid, and further elaborated upon in either the Comments on the
Sales Comparisons or Special Noted Addenda.
rue No. if�Z
LSQAL(DESCRIPTION
tionuommuminimmuniiingimmimmuBorrower/Client CITY OF WYLIE_ (NO BORROWER/CLIENT ONLY)
Property Address 100 BLOCK OF NORTH FIRST STREET_
City WYLIE County COLLIN State TEXAS Zip Code 75098
Lender NONE/CLIENT CITY OF WYLIE
OWNERS CERTIFICATE
STALE OF TEXAS .i�t
COUNTY OF COLLIN . e•
.!Y' jAl�
,WHEREAS. Fleet Baptist Church of Wylie Is the owner of a tract of land oltnnted in the James Truitt Survey, Ahetcaet NO. 920,1„
City of Wylie, Collin County, 'texas, and also bring I.oto 1 thru 8, Block 17, of Railroad Addition, an addition to the City of Y'
Wylie, recorded in Volume 77, Page 494, Deed Rernrdo, Collin County, Texan, and also n portion of the Atchison, Topeka and Eanes
Pa,Railroad Company Right of Way as conveyed to fIrnt Hopi lot Ci,nrch of Wylie by Wor,only Deed, and bring more particularly-dna-,4
ctlb.d as follows, !ft
•
BEGINNING, at the point of intersection nl the South line of Marble Street. with the East line of First Street, an iron etaltli, •
ter corner. rtI•?'
THENCE, East. along the South line of Marble Strrrl, n dlatnnce of 270.00 feet to on Iron stake for corner. f''
;y' THENCE, South, along the Went line of Second Street. a distance of 113.71 feet to an Iron stake for corner. �
THENCE, S. 51° 45' 54" W., along the Northwest line of the Atchison, Topeka and Sonta Fe Railroad Right of Way, a dlntanee tt.'
01,184.69 Peer to sn iron drake for corner. 1^
THENCE, South, a dlntance of 102.11 feet to ao Iroo stoke for cot"er.
•;f" THENCE, N. 89° 54' W., a distance of 125.00 feet to a,
r Iron stake for corner.
' THENCE, North, along the Moot line of Plrxt Street, A dlntoner of 150.21 feet to the PLACE OF BEGINNING and contalnlnp IA
acres of lend.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, First Baptist Church of Wylie, darn hereby adopt this plat designating the herein Above de.cr lhed property to Replat of L0.11
l thru 8. Block 17 of Railroad Addition, en Addition to the City of Wylie, Collin Cnonty, Texas, and does hereby dedicate to MO.'
City and Public use forever the streets, alley. and ean,menlo hereon. t!'.``
WITNESS my hand at Texan, thii: day of -_ 1986. i',
First Ilopt fat Ch,och of Wylie 'l
it.
lit
,
0
By' — `�
— 'ZOy i nJo' ----—--- ---
(� .rz4'1 ,
Marry T1bb/1,: trontee '..V•'
STATE OF TEXAS •`;'f
COUNTY OF ROCRWA+J.
C O C L/✓ �,yil
Re fore me, the ondern lgned authority, a Notn.y Pn111e In .o,d for the cold County and .estate, on t1,1n day personally appeared '
Harry TIbbale, known to m, to be the pe ,
a s
whose to eolserlbed to the foregoing inotroment and eeknowledgnd to s,e that hi'',
executed the some in the capacity heteln stated and as the act and deed of said company. y}�'
r�
Clean under my hand and oral of office this_-- �<,G day of (1l,- _/7// ��t`�'j��` _ 1986. ,i' t ,
•
A.LE 00CA l Nour�Puc i nd or L _County, '1'e kaa - iii
lon i• _do her prepared thin plat from and on n A
sAdtthat the corner monuments photon theren 9Ro v placed under my personal Eltpervls inn In Accordance with the II baletata 1'
Regulations of the City of kvlle, Texas. 'CP•"• rJ /
BOBf 1*
O. (-' �j�.�a-e_hJ - .-
",1 • rtai 1744 ,••• Bob 0. �Regletered�Pnblic Surveyor No. 1744�— „ i
STATE OF TEXAS GB;Qatataaa�;'� S
COUNTY OF ROCKWAI.L </`1' "a a1-
Safere me, the ,mdereignrd authority, a Notary Pu lie in and for the said County .and State, on this day personally,.ppeared'+'"1J
Bob 0. Brown, known to me to be the person whose name Is subscribed to the foregoing Instrument and acknowledged to me that'het
executed the same in the cap,city herein stated and as the act and deed of sold company.
• l
Given under my hand and .neat of uffler thin__ c`/ __day of -__--—_1986. •'r i
`f Act^'�11�-- {
Put:ryafuelic •I, and tor Macaws'.-County, hen.. _._ _
My Comm'an ion exist red`__3r q e __ I
M1
REco7meN F rD Ar Rovn1., ,..':' 1
_ putt. __
Chaff tee
Planning and Zoning Commiselnn 1
City of W , Tease
APPRO O ACCEP' _�� kI
May r _ - -_._-7Date
City of Wylie, Texan
I
Th undersigned, the City Secretary of the City of Wylie. Tr,ne, het shy cull f leo that the foregoing final plat of the Septet a. 4
Lola.)
o a thru 8, Block 17 o Railroad Addition, a addition to the City of Wylie wan ncb,iltted to the City Council,On the
stlon of I. l 1
_ day of _ _ ____- ,.1986, and the Council, by formal action then and there accepted the ded le
streets, alleys. parks, easements, public platen, and water and newer linen an shown and net forth in and upon said plat, and I
said Council further authorized the Mayor to note the acceptance thereof by e/gning hie name an herelnabove subaoelbed.. t�..
Witnena my bond [1„n ...aG ___...-_..Aav of ,vYf4(Q//7��T%�_ __ 19Rt�. p-_'-/ ,I.�y
Cl ty Sect B
City of ylie, 'rex„ '
q
File No. 3732
SITE PLAN
Borrower/Client CITY OF WYLIE (NO BORROWER/CLIENT ONLY)
Property Address 100 BLOCK OF NORTH FIRST STREET
_city WYLIE County COLLIN —�_ State TEXAS Zip Code 75098
Lender MR. MIKE PHILLIPS, BLDG.OFFICIAL ,
•r,
,
.^ IPLACE Oi- MARBLE STREET.
IIrrI BEGINNING 1 .-
4l. S ._ EAST 270.00' , R.°AO
�/' I I Z.
t s ti 0
LOT I, L C 17 !,'t,..t'It I
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118 I �P:
cr 'N89•54'W»-125.00 '9
n
OAK ki STREET " v.�oQ �.-
°ioa
File No. 3732
PLAT MAp
Borrower/Client CITY OF WYLIE (NO BORROWERL LIENT ONLY)
Property Address 100 BLOCK OF NORTH FIRST STREET
_City WYLIE County COLLIN State TEXAS Zip Code 75098 :
Lender NONE/CLIENT CITY OF WYLIE
W
W
` 8L® 7 il
L
:: J , :
o MARBLE Jd. E.
i 73e Ze _
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re CA}t. sT..ftES 4 ;��
Gael -„.v
h3135 —
File No. 3732
LOCATION MAM
Borrower/Client CITY OF WYLIE (NO BORROWER/CLIENT ONLY)
Pro er Address 100 BLOCK OF NORTH FIRST STREET
City WYLIE Coun11COLLIN State TEXAS Zip Code 75098
Lender MR. MIKE PHILLIPS, BLOG.OFFICIAL
la.on lok•
A, A 13 (.;
- ! ) t /
' .i I suOOT_
VI /0
23
T
i
N 2514 PARKER IT,!AUI "Yu/l ET YIfY
26 N ..i/
'DYE.YIEtl._.•
E el H
t��ar55 =
n ` Coffin P•rR
\_ .....DRAM _
20 m
4LRILAI LAKEYIEN n n
J 12si41 /4 I( ( ,A i Ili. ' L. F' 1
( ;l )1 111I I Y oAlaprcn,inc.
LEAYDRLARE,-. 4711-1
A„p
,.., ROD:. I. v N r IMROtl SKYYILY /i I /
Ai
LUURL•t tiL
. (`01,11`IIY a
914-
�ER''PO __ _ ..... .-____----.
at i
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�/�..
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`, -3 4 ..MINDSD I$
S RN.
h-h ARK-. ..._ I12514 St'
'
WYLIE - Remy
EY
' vit Hi .
LEA b-
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CA Elm..N m 1 e BROWNS§I E
x CIS Yl EMIT �M
IRS 00": '^Jlittit 0M r/Jy /O
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ARDERS 1 �- RL „A. • u.,eca ' N
L°21ELM ,ii..`p 6 xN/EC f10,,
DA £-. c"/ 3 4AK 5 6 9
�9DaCll N LEtlIMOT 5 3 2 g�� `,- N`- WEBS �4 EREEK 'W8_ � .-.v N.:T - -fY A1K r61.
1 ,11' 'BM ER Hoy R 00D 4, .
L .t
File No. 3732
FLOOD MAID
Borrower/Client CITY OF WYLIE (NO BORROWER/CLIENT ONLY)
Property Address 100 BLOCK OF NORTH FIRST STREET
_ __WYLIE County COLLIN State TEXAS Zip Code 75098
Lender NONE/CLIENT CITY OF WYLIE
CORPORATE LIMITS _
X i _
ZONE X j ZONE I
.ti l 1111lS ANTI
S'I NAk NATN TIN,\
20NE X
�� ZONE A
ZONE A- ( u1,iR.,1l filar and.Ilea,
(l,Ilu 1(u 1'h
D.,•a
Al1EA NEY11Nl:l EIDER
ZONE AELOOO WAY IN 1111S AREA Top
NAIIROW TO SIIOW TO SEAT E.
_i_______L
510 ,S' 'I.' AEI ER ID FLOOOWAY DATA
TAULE ZO A
.544 limit
ETA IEO��' S1:
7SIUUY
LIMIT'S-
1 lu, 11,1�• 'S11
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_ � I C��. (,.)ZONE 4_,!1
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r
/ Lr6m,n'i ll I
MAIM. ,nnE ZONE AE• - 490'
ZONE A e tl' 1•
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= r-RM 2 5
If
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sr lours ah I ZONEA
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ZONE A- !I r
wl sl
r.uror � i PP� ..Iola I. i I
' 1I IASI $111Nt IUfAD
ZONE X 1' -
(/,(P
`O� IIMIT Or DETAILED STUDY
ZONE X 1
NATIONAL risen mm DIIANCF PIIOCAAMMMMM I
, , - 1c.2. ZONE XI ZONE% U1 1��
G' a wAv 1
MITS n,i,lmrrr7 / I smut rnlulox AWA Uniuwl Paroled Arc
IiI�1II FIRM
ZONE AE-1 I/ AREA NOT '�1 FLOOD INSURANCE RATE MAP
NJO. (.i_4 1 ' E 1 11 II CWIrn or
�` �_'wt.. a,uv' Y.
Ate . II ZONE X---
,,e 50(l ! ZONE X COLLIIINF.,,UALLAS'I .XAS
AND ROCNNAI.I.TMINIIES
0 (?.i.,4,9/9 „..),71
MAIal'L21; 1 /496 IANr
/� F) PANft 15 of 79
I1�1 4951_ .,..,..r,,,..rIII f.rl`.,,ti..r�l.,,...'
1 / ,7 IN(,,,II,1,l.,l all 1 '' I, 11 I„'1
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,�ZONE X_"../ 'ZONE AE CONI'UNATE Al
6: .✓�/ ' , flo p � 11M I
ql
0. 487 III
1l rlli,r��A lr,li�r,rr,
•
1 1485 ZONE X 'I IIII • COMMUNITY PANEL NUMBER
482 1II iI1 I 19R759 errs e
i) '.
E q1 '
MAP REVISED:
V'q 7 MARCN 7,1919
x III II I�Trarinl rnx M e,ro.v .nnp,,o,T Apnry
I'III
File No. 3732
PHOTOGRAPF; ADDENDUM
Borrower/Client CITY OF WYLIE (NO BORROWER/CLIENT ONLY)
Property Address 100 BLOCK OF NORTH FIRST STREET
City WYLIE County COLLIN State TEXAS Zip Code 75098
Lender MR. MIKE PHILLIPS, BLDG.OFFICIAL
COMPARABLE #1
SWC FM-544 & HOOPER
1 WYLIE, TEXAS
•
•
yys r.
fi -,.is L R} A2 •., v/4�T. r ,,,iIJRSt
..i,;i.+v 0 kr t a4.+,a+-trt. �..�d,.
tkk
- { ' COMPARABLE #2
FM-544 FRONTAGE
NEAR REGENCY
a att. = t I
„
COMPARABLE #3
N/S KIRBY ST. APPX.
800'E.SH-78,WYLIE,TX
I�.t 1� 'z r
K-i,W�.w• 'eY7.
-
y7ata•'.,..•,;
[U.
.;4 .
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and
open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably
and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale
as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller
are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his
own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms
of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the
normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted
by anyone associated with the sale.
'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments
are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area;
these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or
creative financing adjustments can be made to the comparable property by comparisons to financing terms offered
by a third party institutional lender that is not already involved in the property or transaction. Any adjustment
should not be calculated on a mechanical dollar for dollar cost of the financing or concessions but the dollar
amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraiser's judgment.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report
is subject to the following conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised
or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any
opinions about the title.The property is appraised on the basis of it being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements
and the sketch is included only to assist the reader of the report in visualizing the property and understanding the
appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management
Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an
identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees,
express or implied,regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in
question,unless specific arrangements to do so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the
improvements at their contributory value. The separate valuations of the land and improvements must not be
used in conjunction with any other appraisal and are invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the
presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that
he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated
in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would
make the property more or less valuable, and has assumed that there are no such conditions and makes no
guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be
responsible for any such conditions that do exist or for any engineering or testing that might be required to discover
whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the
appraisal report must not be considered as an environmental assessment of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from
sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not
assume responsibility for the accuracy of such items that were furnished by other parties.
8. The appraiser wilt not disclose the contents of the appraisal report except as provided for in the Uniform
Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to
satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be
performed in a workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal
report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity
and professional designations, and references to any professional appraisal organizations or the firm with which the
appraiser is associated)to anyone other than the borrower; the mortgagee or its successors and assigns;the mortgage
insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any
department, agency, or instrumentality of the United States or any state or the District of Columbia; except that
the lender/client may distribute the property description section of the report only to data collection or reporting
service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and
approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising,
public relations,news,sales,or other media.
Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 1004B 6-93
Floe No. 3732
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that:
1. I have researched the subject market area and have selected a minimum of three recent sales of properties most
similar and proximate to the subject property for consideration in the sales comparison analysis and have made a
dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a
significant item in a comparable property is superior to, or more favorable than, the subject property, I have made
a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item In a comparable
property is inferior to, or less favorable than the subject property, 1 have made a positive adjustment to increase the
adjusted sales price of the comparable.
2. I have taken Into consideration the factors that have an impact on value in my development of the estimate of
market value In the appraisal report. I have not knowingly withheld any significant information from the appraisal
report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are
true and correct.
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and
conclusions,which are subject only to the contingent and limiting conditions specified in this form.
4. I have no present or prospective Interest in the property that is the subject to this report, and I have no present
or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either
partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color,
religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject
property or of the present owners or occupants of the properties in the vicinity of the subject property.
5. I have no present or contemplated future interest in the subject property, and neither my current or future
employment nor my compensation for performing this appraisal is contingent on the appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or
any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a
subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not
base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific
mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were
adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as
of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does
not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in
the definition of market value and the estimate I developed is consistent with the marketing time noted in the
neighborhood section of this report,unless I have otherwise staled in the reconciliation section.
8. I have personally Inspected the interior and exterior areas of the subject property and the exterior of all properties
listed as comparables In the appraisal report. I further certify that I have noted any apparent or known adverse
conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the
subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of
the property value to the extent that I had market evidence to support them. I have also commented about the
effect of the adverse conditions on the marketability of the subject property.
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report.
If I relied on significant professional assistance from any individual or individuals in the performance of the
appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks
performed by them In the reconciliation section of this appraisal report. I certify that any individual so named Is
qualified to perform the tasks. I have not authorized anyone to make a change to any Item in the report; therefore,
if an unauthorized change is made to the appraisal report,I will take no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION:II a supervisory appraiser signed the appraisal report,he or she
certifies and agrees that:I directly supervise the appraiser who prepared the appraisal report,have reviewed the appraisal
report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications
numbered 4 through 7 above,and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: 100 BLOCK OF NORTH FIRST STREET
APPRAISER: / SUPERVISORY APPRAISER(only if required):
Signals %� ,% / Signature:
Name: DAVID L. FULLER, SRA, CCRA Name:
Date Signed: _September 2, 1997 _ Dale Signed:
State Certification I: TX-1320771—G State Certification I:
or Stale License I: or State License I:
State: TX State:
Expiration Date of Certification or License: MAY 31, 1997 Expiration Date of Certification or License:
riDid r i Did Not Inspect Properly
Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 10048 6-93
WYLIE CITY COUNCIL
ACTION AGENDA COMMUNICATION
ITEM NO 5
December 9, 1997
Issue
Consider and act upon approval of a resolution appointing members to a Citizens Charter
Committee
Background
It is the intent of the Wylie City Council to appoint fourteen (14) members to serve on a
Citizens Charter Committee. The role of the Committee will be discuss and consider specific
amendments to the City Charter. Any changes will be recommended by majority vote of the
Committee for consideration by the City Council. The City Council will consider the
recommendations of the Committee and will formally adopt amendments to the Charter to be
submitted to the qualified voters, for adoption or rejection, on May 2, 1998. Any City Council
members may serve as ex-officio, non-voting members of the Committee.
Attached is a recommended time line for the Committee. City Secretary, Susan Shuler
will provide staff support. An outside consultant would be used as a facilitator.
Financial Considerations
N/A
Other Considerations
Section 9.004 establishes the procedure by which a Home-Rule municipality may
amend its Charter. As a Council appointed Committee, the Citizens Charter Committee
meetings will be open to the public and shall be subject to State of Texas laws concerning
public meetings.
Board/CommissionRecommendation
N/A
Staff Recommendation
N/A
Action Agenda
Item No 5
Page 1
Attachment
Resolution
Committee Time Line
Memorandum
•
Th
Prepar by Revie d by Finan City Manager Approval
Action Agenda
Item No 5
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CITIZENS
CHARTER REVIEW COMMITTEE; PROVIDING FOR THE SCOPE AND
AUTHORITY OF THE COMMITTEE; AND PROVIDING FOR THE APPOINTMENT
OF THE MEMBERS
WHEREAS, the City Council for the City of Wylie, Texas believes that the Home-Rule
Charter establishing the Council-Manager form of government has served this community and its
residents very well; and
WHEREAS, under the provisions of the Home-Rule Charter, the City Council, consisting
of the Mayor and Councilmen elected by and responsible to the people, appoint a city manager
(who shall be responsible to the City Council for the administration of the government of the city).
All powers of the city shall be vested in the City Council and shall be exercised in the manner
prescribed by the Charter, ordinance, the state constitution or the statutes of this state; and
WHEREAS, a Home-Rule Charter was originally approved by the voters of Wylie in
January of 1985 and revisions approved in January of 1992; and
WHEREAS, the City Council believes that as a matter of a sound public policy that a
Charter Review Committee should be appointed to review the Charter and determine if the
document is responsive to and meets the needs of a rapidly growing community; and
WHEREAS, the City Council believes that the citizen members of the committee should be
representative of the entire city; and
WHEREAS, the City Council believes that a committee formed to actively review the Charter
would be a positive step toward enhancing the City of Wylie; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wylie, Texas that:
SECTION 1. Membership - The City Council may appoint fourteen (14) members of the
Wylie community. The City Council shall appoint a chair and vice-chair to lead this committee.
An outside consultant shall be used as a facilitator and the City Secretary shall serve as the staff
liaison. Any City Council member may serve as ex-officio, non-voting member of the committee.
SECTION 2. Meetings - The Charter Review Committee shall set the meeting
dates and times at the first meeting. A Public Hearing will be held at a Charter Review
Meeting to receive public comments from the Citizens of Wylie. The City Council will also
hold a Public Hearing before final acceptance of the changes from the Committee are
submitted to the voters. Notice of meetings shall be posted at the Municipal Complex at
least 72 hours in advance of each meeting as required by the Texas Open Meetings Act.
SECTION 3. Authority -The Charter Review Committee shall be a recommending
body with no budget or administrative authority.
SECTION 4. Charge - The Charter Review Committee is charged with the
following:
(a) discuss and consider amendments to the City Charter
(b) any changes shall be recommended by majority vote of the Committee for
consideration by the City Council
( c) any changes to the Charter must be submitted for the Council's approval no
later than February 24, 1997
(d) the City Council reserves the right to amend or deny any recommendations
made by the Committee
(e) any changes proposed to the Charter will be submitted to the voters of the
City of Wylie at the May 2, 1997 Municipal Election with Early Voting
beginning April 15 and ending April 28, 1997
SECTION 5. This resolution shall take effect immediately upon its passage by the
City Council of the City of Wylie.
DULY RESOLVED on this the 9th day of December, 1997.
Jim Swartz, Mayor
Susan Shuler, City Secretary
MEMORANDUM
TO: City Council &
Charter Review Commission Members
FROM: Mayor Jim Swart
DATE: November 25, 1997
RE: Citizens Charter Commission
It is the intent of the Wylie City Council at its Regular Meeting on December 9, 1997 to
appoint fourteen (14) members to serve on a Citizens Charter Commission. The role of the
Commission is to discuss and consider specific amendments to the City Charter. Any changes
shall be recommended by majority vote of the Commission for consideration by the City
Council. The City Council will consider the recommendations of the Commission and will
formally adopt amendments to the Charter to be submitted to the qualified voters, for adoption
or rejection, on May 2, 1998. Any City Council members may serve as ex-officio, non-voting
members of the Commission.
It is recommended that a joint meeting with the City Council be held on Monday, December
15 at 7:00 p.m. in the Council Chamber at the Municipal Complex. The purpose of the
meeting would be to provide a charter overview and discuss how it relates to state law, and
to schedule dates for four (4) Thursday night meetings to be held in January and February. At
each of the first three meetings, the recommended format would be to thoroughly review
specific sections of the Charter, compare and contrast with other area city charters and to
discuss and consider specific changes. The purpose of the fourth meeting would be for the
commission to formally consider any of the amendments previously discussed.
Attached with this memo is a recommended time line and a copy of Local Government Code
dealing with charters. City Secretary, Susan Shuler will provide staff support. An outside
consultant would be used as a facilitator.
MC/bas
TIME LINES &
ARTICLES TO BE DISCUSSED
FIRST MEETING
Time Line A Time Line
January 8 January 15
1 = Form of Government & Boundaries
2 = Powers of the City
3 = The City Council
4 = Board & Commissions
SECOND MEETING
Time Line Time Line B
January 22 January 22
4 = City Administration
7 = Municipal Finance
9 = Planning
THIRD MEETING
Time Line A Time Line B.
February 5 January 29
5 = Nominations & Elections
6 = Initiative, Referendum & Recall
10 = Public Utilities, Franchises & Licenses
11 = General & Transitional Provisions
FOURTH MEETING
Time Line A Time Line B'
February 19 February 12*
Please submit any suggested amendments in writing on or before Monday, February 9. This
will allow sufficient time for legal review and background research and will enable
distribution of copies to commission members.
* If Time Line B is selected, amendments submitted on Monday, February 2
March -May
PUBLIC INFORMATION PROGRAM
WYLIE CITY COUNCIL
ACTION AGENDA COMMUNICATION
ITEM NO 6
December 9, 1997
Issue
Hold the second of two public hearings for the diannexation of 15.61 acres out of the Richard
Newman Survey, Abstract No. 660, Collin County, Texas and being part of the 195.939 acre
tract of land described in deed to Belco Equities, Inc.,' recorded in Collin County Clerk's file
no. 95-0003093 of the land records of Dallas County, Texas.
Background
The Wylie City Council on February 24, 1997 gave approval to Herzog Development
Corporation's Woodbridge Development District Conceptual Plan. The issue of a boundary
exchange between the cities of Sachse and Wylie were discussed during a January 1997
work session and action was formally taken at the October 28, 1997 Council Meeting.
The proposal to exchange boundaries arose after a thorough evaluation of the conceptual
plan. A conclusion was made that it would be difficult to provide some city services to several
of the lots shown to be in Wylie. Specifically, a portion of the golf course would physically
separate 43 lots from the approximately 940 lots to be developed within Wylie. The only
access to these 43 lots would be from a thoroughfare extending east from State Highway 78
and located in the City of Sachse. Attachment B shows the city limit boundaries between
Wylie and Sachse when the original conceptual plan was approved. Attachment C shows the
proposed city limit boundaries.
The Boundary Agreement requires an exchange of land between the two cities. Wylie will
disannex two tracts into Sachse's ETJ totaling approximately 18.82 acres, that are shown in
the original conceptual plan as 43 lots. Sachse will disannex two tracts into Wylie's ETJ,
totaling approximately 75.36 acres, that are shown in the original conceptual plan as a portion
of the golf course. The cities will then annex the tracts within their ETJ.
Under this agreement, the golf course would be located solely within the City of Wylie. The
43 lots that the City of Wylie is exchanging for the golf course portion included 20 lots with a
minimum lot size of 7,200 square feet and 23 lots with a minimum lot size of 9,000 square
feet.
Action Agenda
Item No 6
Page 1
Background - continued
A golf course is a very popular and important quality of life amenity that is a proven draw for
residential development and a valuable business/commercial development tool as well. The
overall value that the golf course represents is of greater value than the loss of property tax
revenue. In addition, the city would no longer be responsible for the provision of services to
the 43 remote lots.
The tract of land which adjoin Sachse's city limits, but presently now lie within the city limits
of the City of Wylie, is a 15.61 acre tract of land, described on Exbihit "A", by metes and
bounds. By disannexing this property, the City of Wylie will release and relinquish its
extraterritorial jurisdiction to the said tracts so that the tracts will belong to the City of Sachse,
Texas.
The time line for the disannexation is as follows:
First Notice to the Paper October 29, 1997
First Public Hearing November 11, 1997
Second Notice to the Paper November 26, 1997
Second Public Hearing December 9, 1997 •
Adpot Ordinance January 9, 1997
The approval of equal access demonstrates an act of good faith and cooperation by the City
of Wylie. It is anticipated in the future that there will be several issues in which a level of
cooperation will be necessary between the two cities.
Financial Consideration
The exchange of the 43 lots represents a potential loss of ad valorem tax revenue. If the
average value of the homes constructed was $125,000, the annual property taxes paid per
year at the current tax rate of .0665 (43 lots X $830) would be approximately $35,690.
The Collin County Central Appraisal District has provided information to the city that
establishes the assessed valuation of a golf course is calculated at$10,000 per acre plus the
value of the golf course. Preliminary plans show that the golf course will be constructed on
170 acres and will be built for approximately six (6) million dollars. Based on these figures,
approximately $47,000 would be generated in property taxes per year at the current tax rate
of .0665.
Additional revenues will also be generated through sales taxes collected on green and cart
fees and merchandise and concession items in the Club House. Based on revenue of one
(1) million, the combined sales taxes collected for the general fund, 4A and 4B would be
$20,000 annually. The golf course will also use a large amount of water. Specific details
regarding amounts of water are not known at this time.
The golf course will open as a privately operated facility. The city has no financial obligations.
Action Agenda
Item No 6
Page 2
Other Consideration
Article 1, Section 3 of the Wylie City Charter provided authority to the City Council to adjust
boundaries. Wylie will also be required when the annexations are considered, under Section
43.056 of the Local Government Code, for provisions of Services to the annexed areas and
use it as directed in said statute.
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends the annexation of the property.
Attachments
Exhibit "A" from the Boundary Agreement
Existing City Limits Boundaries Map
Proposed City Limits Boundaries Map
Disannexation Ordinance
•
r.
CoUsAkAa
Prepared by Revi d b Finan City Manager Approval
Action Agenda
Item No 6
Page 3
PBS&JSJ:\JOB\8513100\LG\ANNEX5.LGL
LEGAL DESCRIPTION
15.61 ACRES
BEING a tract of land out of the RICHARD NEWMAN SURVEY,Abstract No.660,in the City of Wylie, Collin County,Texas,
and being part of the 195.939 acre tract of land described in deed to Belco Equities, Inc., recorded in Collin County Clerk's
File No. 95-0003093 of the Land Records of Dallas County,Texas, and being more particularly described as follows:
COMMENCING at a point in the north line of the 411.15 acre tract of land described in deed to C.J.Thomsen, recorded
in Volume 742, Page 64 of the Deed Records of Collin County, Texas for the southeast corner of the befo'rementioned
195.939 acre tract; Thence with the south line of the said 195.939 acre tract and the north line of the said 411.15 acre
tract, North 88°30'15" West, a distance of 406.46 feet to a point for corner;Thence continuing with the south line of the
said 195.939 acre t°act and the north line of the said 411.15 acre tract, North 87°58'43 West,a distance of 724.22 feet
to a point in the south city limit line of the City of Wylie per Ordinance 85-26 for the POINT OF BEGINNING, from which
the southwest corner of said Ordinance 85-26 bears North 87°58'43" West, a distance of 436.45 feet;
THENCE continuing with the south line of the said 195.939 acre tract and the north line of the said 411.15 acre tract and
the said south city limit line, North 87°58'43" West, a distance of 436.45 feet to a point for corner;
THENCE leaving the south line of the said 195.939 acre tract and the north line of the said 411.15 acre tract,the following
courses and distances to wit:
North 02°32'02" East, a distance of 1907.96 feet to a point for corner;
North 60'17'21" East, a distance of 66.62 feet to a point for corner;
South 24°17'09" East,a distance of 139.45 feet to a point for the beginning of a circular curve to the right, having
a central angle of 127°18'20",a radius of 50.00 feet and a chord bearing and distance of South 14°15'48" East,
89.61 feet;
Southeasterly with said curve, an arc distance of 111.09 feet to a point for corner;
South 25°25'48" East, a distance of 150.57 feet to a point for corner;
North 64°39'29" East, a distance of 36.60 feet to a point for corner;
South 25°20'31" East, a distance of 174.71 feet to a point for corner;
South 05°39'06" East, a distance of 365.93 feet to a point for corner;
South 02°49'35" East, a distance of 557.38 feet to a point for corner;
South 00°12'55" East, a distance of 25.06 feet to a point for corner;
South 02°23'44" West,a distance of 516.88 feet to the POINT OF BEGINNING and containing 15.61 acres of land.
Bearing system based upon the.bearing of North 53°04'39' East between the Texas Department Monuments No. 31 and
No. 33 of the horizontal control for the improvements to State Highway No. 78, based on the North Central Zone of Texas
State Plane Coordinates.
EXHIBIT .
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WYLIE CITY COUNCIL
ACTION AGENDA COMMUNICATIONtV"
ITEM NO 7
December 9, 1997
Issue
Hold the second of two public hearings for the annexation of 22.52 acres out of the Richard
Newman Survey, Abstract No. 660, Collin County, Texas and being part of the 411.15 acre
tract of land described in deed to C. J. Thomsen, recorded in Volume 742, Page 64 of the
Deed Records of Dallas County, Texas.
Background
The Wylie City Council on February 24, 1997 gave approval to Herzog Development
Corporation's Woodbridge Development District Conceptual Plan. The issue of a boundary
exchange between the cities of Sachse and Wylie were discussed during a January 1997
work session and action was formally taken at the October 28, 1997 Council Meeting.
The proposal to exchange boundaries arose after a thorough evaluation of the conceptual
plan. A conclusion was made that it would be difficult to provide some city services to several
of the lots shown to be in Wylie. Specifically, a portion of the golf course would physically
separate 43 lots from the approximately 940 lots to be developed within Wylie. The only
access to these 43 lots would be from a thoroughfare extending east from State Highway 78
and located in the City of Sachse. Attachment B shows the city limit boundaries between
Wylie and Sachse when the original conceptual plan was approved. Attachment C shows the
proposed city limit boundaries.
The Boundary Agreement requires an exchange of land between the two cities. Wylie will
disannex two tracts into Sachse's ETJ totaling approximately 18.82 acres, that are shown in
the original conceptual plan as 43 lots. Sachse will disannex two tracts into Wylie's ETJ,
totaling approximately 75.36 acres, that are shown in the original conceptual plan as a portion
of the golf course. The cities will then annex the tracts within their ETJ.
Under this agreement, the golf course would be located solely within the City of Wylie. The
43 lots that the City of Wylie is exchanging for the golf course portion included 20 lots with a
minimum lot size of 7,200 square feet and 23 lots with a minimum lot size of 9,000 square
feet.
Action Agenda
Item No 7
Page 1
Backgrou-ontinued
A golf course is a very popular and important quality of life amenity that is a proven draw for
residential development and a valuable business/commercial development tool as well. The
overall value that the golf course represents is of greater value than the loss of property tax
revenue. In addition, the city would no longer be responsible for the provision of services to
the 43 remote lots.
The tract of land which adjoin Sachse's city limits, but presently now lie within the city limits
of the City of Sachse, is a 22.521 acre tract of land, described on Exbihit "C", by metes and
bounds. By annexing this property, the City of Wylie will obtain the extraterritorial jurisdiction
to the said tract so that the tracts will belong to the City of Wylie.
The time line for the annexation is as follows:
First Notice to the Paper October 29, 1997
First Public Hearing November 11, 1997
Second Notice to the Paper November 26, 1997
Second Public Hearing December 9, 1997
Adpot Ordinance January 9, 1997
The approval of equal access demonstrates an act of good faith and cooperation by the City
of Wylie. It is anticipated in the future that there will be several issues in which a level of
cooperation will be necessary between the two cities.
Financial Consideration
The exchange of the 43 lots represents a potential loss of ad valorem tax revenue. If the
average value of the homes constructed was $125,000, the annual property taxes paid per
year at the current tax rate of .0665 (43 lots X $830) would be approximately $35,690.
The Collin County Central Appraisal District has provided information to the city that
establishes the assessed valuation of a golf course is calculated at$10,000 per acre plus the
value of the golf course. Preliminary plans show that the golf course will be constructed on
170 acres and will be built for approximately six (6) million dollars. Based on these figures,
approximately $47,000 would be generated in property taxes per year at the current tax rate
of .0665. •
Additional revenues will also be generated through sales taxes collected on green and cart
fees and merchandise and concession items in the Club House. Based on revenue of one
(1) million, the combined sales taxes collected for the general fund, 4A and 4B would be
$20,000 annually. The golf course will also use a large amount of water. Specific details
regarding amounts of water are not known at this time.
The golf course will open as a privately operated facility. The city has no financial obligations.
Action Agenda
Item No 7
Page 2
Other Consideration
Article 1, Section 3 of the Wylie City Charter provided authority to the City Council to adjust
boundaries. Wylie will also be required when the annexations are considered, under Section
43.056 of the Local Government Code, for provisions of Services to the annexed areas and
use it as directed in said statute.
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends the annexation of the property.
Attachments
Exhibit "C" from the Boundary Agreement
Existing City Limits Boundaries Map
Proposed City Limits Boundaries Map
Property/Boundary Exchange Map
Annexation Ordinance
Service Plan
•
691:9-.
Prepared by Revi d by Finan City Manager Approval
Action Agenda
Item No 7
Page 3
South 08'02'14"East, a distance of 296.00 feet to a point for corner,
South 31'39'46"West,a distance of 215.00 feet to a point for comer,
South 46'35'14" East,a distance of 191.00 feet to a point for corner,
North'41'09'46" East, a distance of 131.00 feet to a point for comer,
South 76'35'14" East, a distance of 49.00 feet to a point for comer,
South 11'39'46"West, a distance of 155.00 feet to a point for comer,
South 28'20'14"East,a distance of 54.36 feet to the POINT OF BEGINNING and containing 52.84
• acres of land.
TRACT II
22.52 ACRES
BEING a tract of land out of the RICHARD NEWMAN SURVEY,Abstract No.660,in the City of Sachse,
Collin County,Texas,and being part of the 411.15 acre tract of land described in deed to C.J.Thomsen,
• recorded in Volume 742, Page 64 of the Deed Records of Collin County,Texas,and being more
particularly described as follows:
COMMENCING at a point in the south line of the 199.27 acre tract of land described in deed to George
Lewis, recorded in Volume 3305,Page 163 of the Land Records of Collin County,Texas for the northeast
corner of the beforementioned 411.15 acre tract;Thence with the north line of the said 411.15 acre tract
and the south line of the said 199.27 acre tract, North 88'01'56"West, a distance of 2450.15 feet to the
POINT OF BEGINNING;
THENCE leaving the north line of the said 411.15 acre tract,the following courses and distances to wit:
South 01'23'14" East, a distance of 84.00 feet to a point for corner,
South 38'50'14" East,a distance of 80.97 feet to a point for corner,
South 58'52'01"West,a distance of 498.28 feet to a point for the beginning of a tangent curve to
the left,having a central angle of 32'46'15",a radius of 275.00 and a chord bearing and distance of
South 42'28'53"West, 155.15 feet;
Southwesterly with said curve, an arc distance of 157.29 feet to a point for comer,
South 26'05'45"West,a distance of 408.27 feet to a point for the beginning of a tangent curve to
• the right, having a central angle of 12'06'05",a radius of 125.00 feet and a chord bearing and
distance of South 32'08'48"West,26.35 feet;
Southwesterly with said curve, an arc distance of 26.40 feet to a point for comer,
South 38'11'51"West,a distance of 25.45 feet to a point for the beginning of a non-tangent curve
to the right, having a central angle of 16'34'17",a radius of 125.00 feet and a chord bearing and
distance of North 22'57'42"West,36.03 feet;
Northwesterly with said curve, an arc distance of 36.15 feet to a point for the beginning of a circular
curve to the left, having a central angle of 241'44'32",a radius of 50.00 feet and a chord bearing
and distance of North 35'45'46"West, 85.83 feet;
Northwesterly with said curve,an arc distance of 210.96 feet to a point for comer,
North 59'17'41"West,a distance of 1166.43 feet to a point for comer,
North 53'10'47"West,a distance of 98.23 feet to a point for comer,
North 78'40'11"West,a distance of 116.67 feet to a point for corner,
North 11'19'49"East,a distance of 83.81 feet to a point for the beginning of a tangent curve to the
left, having a central angle of 08'56'05", a radius of 620.00 feet and a chord bearing and distance
of North 06'51'47" East,96.58 feet;
Northeasterly with said curve,an arc distance of 96.68 feet to a point for corner;
North 02'23'44"East,a distance of 31.76 feet to a point in the north line of the said 411.15 acre
tract and the south line of the 195.939 acre tract of land described in deed to Belco Equities, Inc.,
recorded in Collin County Clerk's File No.95-0003093 of the Land Records of Collin County,
Texas;
THENCE with the north line of the said 411.15 acre tract and the south line of the said 195.939 acre tract,
the following courses and distances to wit:
South 87'58'43"East,a distance of 724.22 feet to a point for comer,
South 88'30'24"East,a distance of 406.38 feet to a point for the southeast corner of the 195.939
acre tract and the southwest corner of the said 199.27 acre tract;
THENCE with the north line of the said 411.15 acre tract and the south line of the said 199.27 acre tract,
South 88'07'26" East, a distance of 789.06 feet to the POINT OF BEGINNING and containing 22.52 acres
of land.
Bearing system based upon the bearing of North 53'04'39"East between the Texas Department
Monuments No.31 and No.33 of the horizontal control for the improvements to State Highway No.78,
based on the North Central Zone of Texas State Plane Coordinates.
•
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• EXHIBI '
C
CITY OF WYLIE, TEXAS ORDINANCE NO.
AN ORDINANCE ANNEXING A 22.52 ACRE TRACT OF LAND, MORE OR
LESS, SITUATED IN THE RICHARD NEWMAN SURVEY, ABSTRACT NO.
660 AND BEING PART OF THE 411.15 ACRE TRACT OF LAND
DESCRIBED IN DEED TO C. J. THOMSEN, RECORDED IN VOLUME 742,
PAGE 64 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS;
PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-
DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY
THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER
ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS
ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24,
CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDINANCES;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the
authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home
Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie
and its inhabitants to annex the below-described property (the "Property") to Wylie; and
WHEREAS, prior to conducting the public hearings required under Section 43.052, Local
Government Code, the City Council also investigated and determined that the Property is within
the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits
of Wylie; and
WHEREAS, before the publication of the notice of the first public hearing regarding the
annexation of the Property, the City Council directed the appropriate persons to prepare a service
plan that provides for the extension of full municipal services to the Property to be annexed; and
WHEREAS, the City Council finds that the service plan has been prepared in full
compliance with Section 43.056, Local Government Code, and has been made available for public
ORDINANCE ANNEXING 22.52 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 1
inspection and was available for explanation to the inhabitants of the Property at the public
hearings; and
WHEREAS, the City Council finds that the field notes close the boundaries of the Property
being annexed; and
WHEREAS, the City Council has conducted at least two (2) public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the proposed
annexation and the proposed service plan; and
WHEREAS, the City Council finds the public hearings were conducted on or after the
fortieth (40th) day but before the twentieth (20th) day before the date of institution of the
annexation proceedings; and
WHEREAS, the City Council finds it has completed the annexation process within ninety
(90) days after the City Council instituted annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: The Property described as follows and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit:
22.52 acre tract of land, more or less, situated in the Richard Newman Survey,
Abstract No. 660 and being part of the 411.15 acre tract of land described in Deed
to C. J. Thomsen, recorded in Volume 742, Page 64 of the Deed Records of Dallas
County, Texas.
ORDINANCE ANNEXING 22.52 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 2
SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and
made a part hereof for all purposes.
SECTION 3: That from and after the passage of this Ordinance, the Property shall be a
part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of
the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant
to and in conformity with the City Charter and the laws of the State of Texas.
SECTION 4: That the official map and boundaries of Wylie are hereby amended to
include the Property as part of the City of Wylie, Texas, and that a certified copy of this
Ordinance shall be filed in the county clerk's office of Collin County, Texas.
SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the
Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning
Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto; and it shall be
unlawful for any person, firm or corporation to construct on the Property any building that is not
in conformity with the permissible use under this Ordinance and Comprehensive Zoning
Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto.
SECTION 6: Any person, firm or corporation who violates any provision of this
Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any
amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined
a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such
violation continues shall be considered a separate offense; provided, however, such penal
provision shall not preclude a suit to enjoin such violation.
SECTION 7: Should any part or portion of this Ordinance, or the use created herein or
ORDINANCE ANNEXING 22.52 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 3
under Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments
thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions shall remain in full force and effect.
SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they
are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force
and effect.
SECTION 9: The caption of this Ordinance shall be published in accordance with the law
and the City Charter of Wylie and shall be effective immediately upon its passage or as required
by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this day of 1997.
JIM SWARTZ, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
SUSAN SHULER
City Secretary
DATE OF PUBLICATION: , Wylie News
ORDINANCE ANNEXING 22.52 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 4
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.:
DATE OF ANNEXATION ORDINANCE:
ACREAGE ANNEXED: ACRES
SURVEY, ABSTRACT &COUNTY:
Municipal Services to the acreage described above shall be furnished by or on behalf of
the Oily of Wylie, Texas, at the following levels and in accordance with the following
schedule:
A. POLICE SERVICE
1. Patrolling, responses to calls and other routine police services, within the limits
of existing personnel and equipment and in a manner consistent with any of the methods
of the City of Wylie, Texas, extends police service to any other area of the municipality, will
be provided within sixty (60) days of the effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient police
personnel and equipment will be provided to furnish this area the maximum level of police
services consistent with the characteristics of topography, land utilization and population
density within two(2)years from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of police services
will be provided to this area as are furnished throughout the City.
B. FIRE SERVICES
1. Fire protection and emergency ambulance equipment by the present
personnel and the present equipment of the Fire Department, within the limitations of
available water and distances from existing fire stations, and in a manner consistent with
any of the methods of the City of Wylie,Texas, extends fire service to any other area of the
municipality,will be provided to this area within sixty (60) days of the effective date of the
annexation ordinance.
Page 1
2. As development and construction commence in this area, sufficient fire and
emergency ambulance equipment will be provided to furnish this area the maximum
level of police services consistent with the characteristics of topography, land utilization
and population density within the area as determined by the City Council within two (2)
years from the effective date of the annexation ordinance, or upon commencement of
development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of fire and
emergency ambulance services will be provided to this area as are furnished throughout
the City.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1 . Enforcement of the Citys environmental health ordinances and regulations,
including but not limited to,weed and brush ordinances, junked and abandoned vehicle
ordinances and animal control ordinances, shall be provided within this area sixty (60) days
of the effective date of the annexation ordinance. These ordinances and regulations will
be enforced through the use of existing personnel.
Complaints of ordinance or regulation violations within this area will be answered
and investigated within sixty (60) days of the effective date of the annexation ordinance.
2. Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings, plumbing, mechanical and electrical work to
•
ensure compliance with City codes and ordinances will be provided within sixty (60) days
of the effective date of the annexation ordinance. Existing personnel will be used to
provide these services.
3. The Citys zoning, subdivision, sign and other ordinances shall be enforced
in this area beginning within sixty (60) days of the effective date of the annexation
ordinance.
4. ` All inspection services furnished by the City of Wylie, but not mentioned
above, will be provided to this area beginning within sixty (60)days of the effective date
of the annexed ordinance.
5. As development and construction commence in this area, sufficient
personnel will be provided to furnish this area the same level of Environmental Health and
Code Enforcement Services as are furnished throughout the City.
Page 2
D. PLANNING AND ZONING SERVICES
The planning and zoning jurisdiction of the City will extend to this area within sixty (60)
days of the effective date of the annexation ordinance. City planning will thereafter
encompass this property, and it shall be entitled to consideration for zoning in accordance
with the City's Comprehensive Zoning Ordinance and Comprehensive Plan.
E. PARK AND RECREATION SERVICES
1, Residents of this property may utilize all existing park and recreational
services, facilities and sites throughout the City, beginning within sixty (60) days of the
effective date of the annexation ordinance.
2. Additional facilities and sites to serve this property and its residents will be
acquired, developed and maintained at locations and times provided by applicable
plans, policies and programs and decisions of the City of Wylie. This property will be
included in all plans for providing parks and recreation services to the City.
3. Existing parks, playgrounds, swimming pools and other recreational facilities
within this property shall, upon dedication to and acceptance by the City, be maintained
and operated by the City of Wylie, but not otherwise.
F. SOLID WASTE COLLECTION
1 . Solid waste collection shall be provided to the property in accordance with
existing City policies, beginning within sixty(60)days of the effective date of the annexation
ordinance. Residents of this property utilizing private collection services at the time of
annexation shall continue to do so until it becomes feasible because of increased density
of population to serve the property municipally. Commercial refuse collection services will
be provided to any business located in the annexed area at the same price as presently
provided for any business customer within the City of Wylie, upon request.
2, As development and construction commence in this property and
population density increases to the property level, solid waste collection shall be provided
to this property in accordance with the current policies of the City as to frequency,
changes and so forth.
3. Solid wast collection shall begin within sixty (60) days of the effective date
of the annexation ordinance.
•
Page 3
G. STREETS
1. The City of Wylie's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning within sixty(60)
days of the effective date of the annexation ordinance. Unless a street within this properly
has been constructed or is improved to the Citys standards and specifications, that street
will not be maintained bythe City of Wylie.
2. As development, improvement or construction of streets to City standards
commences within this property, the policies of the City of Wylie with regard to
participation in the costs thereof, acceptance upon completion and maintenance after
completion, shall apply.
3. The same level of maintenance shall be provided to streets within this
property which have been accepted by the City of Wylie as is provided to City strcots
throughout the City.
4. Strcct lighting installed on streets improved to City standards shall be
maintained by either TU Electric or Collin County Co-Op in accordance with current City
policies.
H. WATER SERVICES
1 . Connection to existing City water mains for water service for domestic,
commercial and industrial use within this property will be provided in accordance with
existing City policies. Upon connection to existing mains, water will be provided at rates
established by City ordinances for such service throughout the City.
2. As development and construction commence in this property, water mains
of the City will be extended in accordance with provisions of the Subdivision Regulations
and other applicable ordinances and regulations. City participation in the costs of these
extensions shall be in accordance with the applicable City ordinances and regulations.
Such extensions will be commenced within two (2)years from the effective date of the
annexation ordinance and substantially completed with four and one-half (41)years after
that date.
3. Water mains installed or improved to City standards which are within the
annexed area and are within dedicated easements shall be maintained by the City of
Wylie beginning within sixty (60) days of the effective date of the annexation ordinance.
4. Private water lines within this property shall be maintained by their owners in
accordance with existing policies applicable throughout the City.
Page 4
I. SANITARY SEWER SERVICES
1 . Connections to existing City sanitary sewer mains for sanitary sewage service
in this area will be provided in accordance with existing City policies, Upon connection,
sanitary sewage service will be provided at rates established by City ordinances for such
service throughout the City.
2. Sanitary sewage mains and/or lift stations installed or improved to City
standards, located in dedicated easements, and which are within the annexed area and
are connected to Ci-ty mains will be maintained by the City of Wylie beginning within sixty
(60) days of the effective date of the annexation ordinance.
. • 3. As development and construction commence in this area, sanitary sewer
mains of the City will be extended in accordance with provisions of the Subdivision
Regulations and other applicable City ordinances and regulations, Such extensions will be
commenced within two (2)years from the effective date of the annexation ordinance and
substantially completed within four and one-half (41/2)years after that date.
J. MISCELLANEOUS
1 . Any facility or building located within the annexed area and utilized by the
City of Wylie in providing services to the area will be maintained by the City commencing
upon the date of use or within sixty (60) days of the effective date of the annexation
ordinance, whichever occurs later.
2. General municipal administration and administrative services of the City shall
be available to the annexed area beginning within sixty (60) days of the effective date of
the annexation ordinance.
Page 5
WYLIE CITY COUNCIL tVlel
ACTION AGENDA COMMUNICATION
ITEM NO 8
December 9, 1997
Issue
Hold the second of two public hearings for the annexation of 52.84 acres out of the Richard
Newman Survey, Abstract No. 660, Collin County, Texas and the Richard Newman Survey,
Abstract No. 10-72, Dallas County, Texas and being part of the 411.15 acre tract of land
described in Deed to C. J. Thomsen, recorded in Volume 78045, Page 4135 of the Deed
Records of Dallas County, Texas.
Background
The Wylie City Council on February 24, 1997 gave approval to Herzog Development
Corporation's Woodbridge Development District Conceptual Plan. The issue of a boundary
exchange between the cities of Sachse and Wylie were discussed during a January 1997
work session and action was formally taken at the October 28, 1997 Council Meeting.
The proposal to exchange boundaries arose after a thorough evaluation of the conceptual
plan. A conclusion was made that it would be difficult to provide some city services to several
of the lots shown to be in Wylie. Specifically, a portion of the golf course would physically
separate 43 lots from the approximately 940 lots to be developed within Wylie. The only
access to these 43 lots would be from a thoroughfare extending east from State Highway 78
and located in the City of Sachse. Attachment B shows the city limit boundaries between
Wylie and Sachse when the original conceptual plan was approved. Attachment C shows the
proposed city limit boundaries.
The Boundary Agreement requires an exchange of land between the two cities. Wylie will
disannex two tracts into Sachse's ETJ totaling approximately 18.82 acres, that are shown in
the original conceptual plan as 43 lots. Sachse will disannex two tracts into Wylie's ETJ,
totaling approximately 75.36 acres, that are shown in the original conceptual plan as a portion
of the golf course. The cities will then annex the tracts within their ETJ.
Under this agreement, the golf course would be located solely within the City of Wylie. The
43 lots that the City of Wylie is exchanging for the golf course portion included 20 lots with a
minimum lot size of 7,200 square feet and 23 lots with a minimum lot size of 9,000 square
feet.
Action Agenda
Item No 8
Page 1
Background -continueri
A golf course is a very popular and important quality of life amenity that is a proven draw for
residential development and a valuable business/commercial development tool as well. The
overall value that the golf course represents is of greater value than the loss of property tax
revenue. In addition, the city would no longer be responsible for the provision of services to
the 43 remote lots.
The tract of land which adjoin Sachse's city limits, but presently now lie within the city limits
of the City of Sachse, is a 52.84 acre tract of land, described on Exbihit "C", by metes and
bounds. By annexing this property, the City of Wylie will obtain the extraterritorial jurisdiction
to the said tract so that the tracts will belong to the City of Wylie.
The time line for the annexation is as follows:
First Notice to the Paper October 29, 1997
First Public Hearing November 11, 1997
Second Notice to the Paper November 26, 1997
Second Public Hearing December 9, 1997
Adpot Ordinance January 9, 1997
The approval of equal access demonstrates an act of good faith and cooperation by the City
of Wylie. It is anticipated in the future that there will be several issues in which a level of
cooperation will be necessary between the two cities.
Financial Consi eration
The exchange of the 43 lots represents a potential loss of ad valorem tax revenue. If the
average value of the homes constructed was $125,000, the annual property taxes paid per
year at the current tax rate of .0665 (43 lots X $830) would be approximately $35,690.
The Collin County Central Appraisal District has provided information to the city that
establishes the assessed valuation of a golf course is calculated at$10,000 per acre plus the
value of the golf course. Preliminary plans show that the golf course will be constructed on
170 acres and will be built for approximately six (6) million dollars. Based on these figures,
approximately $47,000 would be generated in property taxes per year at the current tax rate
of .0665.
Additional revenues will also be generated through sales taxes collected on green and cart
fees and merchandise and concession items in the Club House. Based on revenue of one
(1) million, the combined sales taxes collected for the general fund, 4A and 4B would be
$20,000 annually. The golf course will also use a large amount of water. Specific details
regarding amounts of water are not known at this time.
The golf course will open as a privately operated facility. The city has no financial obligations.
Action Agenda
Item No 8
Page 2
Other Consideration
Article 1, Section 3 of the Wylie City Charter provided authority to the City Council to adjust
boundaries. Wylie will also be required when the annexations are considered, under Section
43.056 of the Local Government Code, for provisions of Services to the annexed areas and
use it as directed in said statute.
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends the annexation of the property.
Attachments
Exhibit "C" from the Boundary Agreement
Existing City Limits Boundaries Map
Proposed City Limits Boundaries Map
Property Boundary Exchange Map
Annexation Ordinance
Service Plan
Prepared by Reviewed by Finance City Manager Approval
Action Agenda
Item No 8
Page 3
Attachment B
Existing City Limit Boundaries - Wylie/Sachse
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•
EXCHIBIT
LEGAL DESCRIPTION
TRACT I
52.84 ACRES
BEING a tract of land out of the RICHARD NEWMAN SURVEY,Abstract No.660,in the City of Sachse,
Collin County,Texas and the RICHARD NEWMAN SURVEY,Abstract No. 1072,in the City of Sachse,
Dallas County,Texas,and being part of the 411.15 acre tract of land described in deed to C.J.Thomsen,
recorded in Volume 78045, Page 4135 of the Deed Records of Dallas County,Texas, and being more
particularly described as follows:
•
COMMENCING at a point in the northwesterly right-of-way line of Sachse Road (variable width ROW)for
the northerly most southeast corner of the beforementioned 411.15 acre tract;
THENCE with the northwesterly right-of-way line of said Sachse Road and the southeasterly line of the said
411.15 acre tract,the following courses and distances to wit:
South 45'02'46"West, a distance of 568.71 to a point for corner;
North 87'55'14"West,a distance of 27.68 feet to a point for corner,
South 45'31'03"West,a distance of 338.72 feet to a point for corner,
South 46'13'42"West,a distance of 1230.10 feet to a point for corner,
South 46'20'21"West,a distance of 861.96feet to a point for the beginning of a tangent curve to
the right, having a central angle of 14'47 00,,a radius of 666.34 feet and a chord bearing and
distance of South 53'44'12"West, 171.45 feet;
Southwesterly with said curve,an arc distance of 171.93 feet to a point for corner
South 61'07'42"West, a distance of 0.80 feet to a point for the beginning of a tangent curve to the
left, having a central angle of 14'21'58", a radius of 653.29 feet and a chord bearing and distance
of South 53'56'43"West, 163.38 feet;
Southwesterly with said curve,an arc distance of 163.80 feet to the POINT OF BEGINNING and
the beginning of a curve to the left, having a central angle of 04'29'01",a radius of 653.29 feet and
a chord bearing and distance of South 44'31'52"West,51.11 feet;
THENCE continuing with the northwesterly right-of-way line of said Sachse Road,the following courses and
distances to wit:
Southwesterly with said curve, an arc distance of 51.12 feet to a point for comer,
South 42'17'21"West,a distance of 147.20 feet to a point for the beginning of a tangent curve to
the left,having a central angle of 07'57'01",a radius of 1196.28 feet and a chord bearing and
distance of South 38'18'50"West, 165.86 feet;
Southwesterly with said curve, an arc distance of 166.00 feet to a point for comer,
THENCE leaving the northwesterly right-of-way line of said Sachse Road,the following courses and
distances to wit:
North 43'06'59"West,a distance of 411.81 feet to a point for corner;
South 60'16'45"West,a distance of 670.66 feet to a point for corner,
South 76'08'05"West,a distance of 416.32 feet to a point for comer,
South 52'13'06"West,a distance of 158.15 feet to a point for the beginning of a non-tangent curve
to the right, having a central angle of 07'54'32",a radius of 1940.00 feet and a chord bearing and
distance of North 29'50'13"West,267.57 feet;
Northwesterly with said curve, an arc distance of 267.79 feet to a point for corner;
North 25'52'57"West,a distance of 184.47 feet to a point for the beginning of a tangent curve to
the right,having a central angle of 20'41'22",a radius of 590.00 feet and a chord bearing and
distance of North 15'32'16"West,211.89 feet;
Northwesterly with said curve, an arc distance of 213.05 feet to a point for corner;
EXHIBIT
C: •
1'HS#3 fcg 4111w.
North 84'48'25" East,a distance of 198.90 feet to a point for the beginning of a tangent curve to the
left,having a central angle of 28'17'52",a radius of 470.00 feet and a chord bearing and distance
of North 69'02'27" East,229.78 feet;
Northeasterly with said curve, an arc distance of 232.13 feet to a point for corner,
North 54'53'31"East,a distance of 387.80 feet to a point for corner;
North 55'42'07" East,a distance of 62.23 feet to a point for corner,
North 76'10'19" East, a distance of 707.36 feet to a point for corner;
North 30'24'22" East, a distance of 127.63 feet to a point for corner;
North 03'13'17"West, a distance of 281.43 feet to a point for the beginning of a tangent curve to
the left, having a central angle of 27'29'39", a radius of 565.00 feet and a chord bearing and
distance of North 16'58'06"West,268.53 feet;
Northwesterly with said curve, an arc distance of 271.12 feet to a point for corner
North 30'42'56"West, a distance of 325.85 feet to a point for the beginning of a tangent curve to
the right, having a central angle of 38'17'00",a radius of 139.76 feet and a chord bearing and
distance of North 11'34'26"West,91.66 feet;
• Northwesterly with said curve, an arc distance of 93.38 feet to a point for corner,
North 07'34'04" East,a distance of 139.95 feet to a point for the beginning of a tangent curve to the
left, having a central angle of 07'03'46", a radius of 295.00 feet and a chord bearing and distance
of North 04'02'11" East,36.34 feet;
Northeasterly with said curve, an arc distance of 36.36 feet to a point for corner,
North 00'30'18"East, a distance of 120.26 feet to a point for corner;
North 65'09'44" East,a distance of 62.21 feet to a point for corner;
North 73'44'51" East,a distance of 798.92 feet to a point for corner;
North 26'14'35"West, a distance of 592.82 feet to a point for corner,
North 58'52'01" East, a distance of 207.03 feet to a point for corner intersecting the westerly city
limit line of the City of Wylie per Ordinance No.86-93;
THENCE along the said ordinance line and along the centerline meanders of Muddy Creek,the following
courses and distances to wit:
South 45'41'54" East, a distance of 118.66 feet to a point for corner,
South 82'50'14" East,a distance of 63.71 feet to a point for corner
North 76'24'46" East, a distance of 130.00 feet to a point for corner;
South 00'20'14" East, a distance of 184.00 feet to a point for corner;
South 57'05'14" East, a distance of 179.00 feet to a point for corner;
South 19'09'46"West, a distance of 91.00 feet to a point for corner;
South 75'09'46"West, a distance of 134.00 feet to a point for corner;
South 16'20'14" East,a distance of 96.00 feet to a point for corner;
North 85'54'46"East, a distance of 143.00 feet to a point for corner,
South 17'35'14"East,a distance of 140.00 feet to a point for corner;
South 66'54'46"West,a distance of 86.00 feet to a point for corner;
South 25'54'46"West,a distance of 100.00 feet to a point for corner,
South 47'54'46"West,a distance of 137.88 feet to a point for the southwest corner of said
ordinance line. The same being the northwest corner of the City of Wylie Ordinance No.96-32;
THENCE with the westerly line of the said ordinance and along the centerline meanders of said Muddy
Creek,the following courses and distances to wit:
South 47'54'46"West, a distance of 35.12 feet to a point for corner;
South 01'39'46"West, a distance of 139.00 feet to a point for corner;
South 13'39'46"West,a distance of 140.00 feet to a point for corner;
South 52'39'46"West,a distance of 240.00 feet to a point for corner;
South 03'20'14" East,a distance of 210.00 feet to a point for corner,
South 43'09'46"West, a distance of 290.00 feet to a point for corner;
South 16'39'46"West,a distance of 210.00 feet to a point for corner,
South 22'39'46"West,a distance of 160.00 feet to a point for corner,
South 08'02'14" East, a distance of 296.00 feet to a point for corner
South 31'39'46"West,a distance of 215.00 feet to a point for corner,
South 46'35'14" East, a distance of 191.00 feet to a point for corner,
North'41'09'46" East, a distance of 131.00 feet to a point for corner,
South 76'35'14"East,a distance of 49.00 feet to a point for comer,
South 11'39'46"West,a distance of 155.00 feet to a point for corner,
South 28'20'14"East,a distance of 54.36 feet to the POINT OF BEGINNING and containing 52.84
• acres of land.
TRACT II
22.52 ACRES
BEING a tract of land out of the RICHARD NEWMAN SURVEY,Abstract No.660, in the City of Sachse,
Collin County,Texas, and being part of the 411.15 acre tract of land described in deed to C.J.Thomsen,
recorded in Volume 742, Page 64 of the Deed Records of Collin County,Texas,and being more
particularly described as follows:
COMMENCING at a point in the south line of the 199.27 acre tract of land described in deed to George
Lewis, recorded in Volume 3305, Page 163 of the Land Records of Collin County,Texas for the northeast
corner of the beforementioned 411.15 acre tract;Thence with the north line of the said 411.15 acre tract
and the south line of the said 199.27 acre tract, North 88'01'56"West,a distance of 2450.15 feet to the
POINT OF BEGINNING;
THENCE leaving the north line of the said 411.15 acre tract,the following courses and distances to wit:
South 01'23'14" East,a distance of 84.00 feet to a point for corner;
South 38'50'14" East, a distance of 80.97 feet to a point for corner;
South 58'52'01"West, a distance of 498.28 feet to a point for the beginning of a tangent curve to
the left, having a central angle of 32'46'15", a radius of 275.00 and a chord bearing and distance of
South 42'28'53"West, 155.15 feet;
Southwesterly with said curve,an arc distance of 157.29 feet to a point for comer,
South 26'05'45"West,a distance of 408.27 feet to a point for the beginning of a tangent curve to
• the right,having a central angle of 12'06'05",a radius of 125.00 feet and a chord bearing and
distance of South 32'08'48"West,26.35 feet;
Southwesterly with said curve, an arc distance of 26.40 feet to a point for comer,
South 38'11'51"West,a distance of 25.45 feet to a point for the beginning of a non-tangent curve
to the right, having a central angle of 16'34'17",a radius of 125.00 feet and a chord bearing and
distance of North 22'57'42"West, 36.03 feet;
Northwesterly with said curve, an arc distance of 36.15 feet to a point for the beginning of a circular
curve to the left, having a central angle of 241'44'32",a radius of 50.00 feet and a chord bearing
and distance of North 35'45'46"West, 85.83 feet;
Northwesterly with said curve,an arc distance of 210.96 feet to a point for comer,
North 59'17'41"West,a distance of 1166.43 feet to a point for corner,
North 53'10'47"West,a distance of 98.23 feet to a point for corner;
North 78'40'11"West, a distance of 116.67 feet to a point for corner,
North 11'19'49"East, a distance of 83.81 feet to a point for the beginning of a tangent curve to the
left,having a central angle of 08'56'05", a radius of 620.00 feet and a chord bearing and distance
of North 06'51'47" East,96.58 feet;
Northeasterly with said curve,an arc distance of 96.68 feet to a point for corner;
North 02'23'44" East,a distance of 31.76 feet to a point in the north line of the said 411.15 acre
tract and the south line of the 195.939 acre tract of land described in deed to Belco Equities, Inc.,
recorded in Collin County Clerk's File No.95-0003093 of the Land Records of Collin County,
Texas;
I. DESC INTIEN
I 160 AC. .N r. ..w 7f+
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yI L Cc. /95-0003093 I'• _ •»^?- y4"1='Y,•:A l
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TRACT II NONw uols[Neocicu r'I# ......:C.+... ▪r:: .
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• oar Il•
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ii
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ur.6•\ loaar wrarlt. 40 �u-i.G1E.m. '-:.Corti:•• •lrif:."1�:L': ..—....
—_. COLLIN COUNTY_ .6rY'j t __�__�__�__�__ __� _��__�__�__�__�_ al.Y• h COLLUt COUNTY ..r...,'.-'•`rl*'4' •"... r w, l.r
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ANNEXE AC. �:�: _ • :."•.,
ANNEXED 8Y ' y.•: •"'-
ORDINANCE NO.84E r, d y'f, _ N.....::r..:....r...r::.i..&•r rw........r
VOL 910230 PG.1283 A.-'..:Y f1rYKr -�,.... TRACT TT
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e. TRACT 1
:,.ar :,,,. Imam wailw(Z TIIOMSEN TRACT
ri, .`� a+too" ' RICHARD NEWMAN SURVEY, ABST. NO. 1072
{ �sy,P" iiir DALLAS COUNTY. TEXAS
rlARRY STATON
RICHARD NEWMAN SURVEY, ABST. NO. 660
COLLIN COUNTY TEXAS
S for
POST, BUCKLEY• OSNII I ArrucctIT I Rd.,limy►a MT
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••91r 1•-MO' NORTH
•
EXHIBIT
•
a
I
L
CITY OF WYLIE, TEXAS ORDINANCE NO.
AN ORDINANCE ANNEXING A 52.84 ACRE TRACT OF LAND, MORE OR
LESS, SITUATED IN THE RICHARD NEWMAN SURVEY, ABSTRACT NO.
660 AND ABSTRACT NO. 1072, BEING PART OF THE 411.15 ACRE TRACT
OF LAND DESCRIBED IN DEED TO C. J. THOMSEN, RECORDED IN
VOLUME 78045, PAGE 4135 OF THE DEED RECORDS OF DALLAS
COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS
OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO
THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE
BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND
HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A
VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING
ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE
OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the
authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home
Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie
and its inhabitants to annex the below-described property (the "Property") to Wylie; and
WHEREAS, prior to conducting the public hearings required under Section 43.052, Local
Government Code, the City Council also investigated and determined that the Property is within
the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits
of Wylie; and
WHEREAS, before the publication of the notice of the first public hearing regarding the
annexation of the Property, the City Council directed the appropriate persons to prepare a service
plan that provides for the extension of full municipal services to the Property to be annexed; and
ORDINANCE ANNEXING 52.84 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 1
WHEREAS, the City Council finds that the service plan has been prepared in full
compliance with Section 43.056, Local Government Code, and has been made available for public
inspection and was available for explanation to the inhabitants of the Property at the public
hearings; and
WHEREAS, the City Council finds that the field notes close the boundaries of the Property
being annexed; and
WHEREAS, the City Council has conducted at least two (2) public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the proposed
annexation and the proposed service plan; and
WHEREAS, the City Council finds the public hearings were conducted on or after the
fortieth (40th) day but before the twentieth (20th) day before the date of institution of the
annexation proceedings; and
WHEREAS, the City Council finds it has completed the annexation process within ninety
(90) days after the City Council instituted annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: The Property described as follows and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit:
ORDINANCE ANNEXING 52.84 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 2
52.84 acre tract of land, more or less, situated in the Richard Newman Survey,
Abstract No. 660 and Abstract No. 1072, being part of the 411.15 acre tract of
land described in Deed to C. J. Thomsen, recorded in Volume 78045, Page 4135
of the Deed Records of Dallas County, Texas.
SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and
made a part hereof for all purposes.
SECTION 3: That from and after the passage of this Ordinance, the Property shall be a
part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of
the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant
to and in conformity with the City Charter and the laws of the State of Texas.
SECTION 4: That the official map and boundaries of Wylie are hereby amended to
include the Property as part of the City of Wylie, Texas, and that a certified copy of this
Ordinance shall be filed in the county clerk's office of Collin County, Texas.
SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the
Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning
Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto; and it shall be
unlawful for any person, firm or corporation to construct on the Property any building that is not
in conformity with the permissible use under this Ordinance and Comprehensive Zoning
Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto.
SECTION 6: Any person, firm or corporation who violates any provision of this
Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any
amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined
a sum not exceeding Two Thousand and 00/100 Dollars ($2000.00), and each and every day such
violation continues shall be considered a separate offense; provided, however, such penal
ORDINANCE ANNEXING 52.84 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 3
provision shall not preclude a suit to enjoin such violation.
SECTION 7: Should any part or portion of this Ordinance, or the use created herein or
under Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments
thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions shall remain in full force and effect.
SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they
are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force
and effect.
SECTION 9: The caption of this Ordinance shall be published in accordance with the law
and the City Charter of Wylie and shall be effective immediately upon its passage or as required
by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this day of 1997.
JIM SWARTZ, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
SUSAN SHULER
City Secretary
DATE OF PUBLICATION: , Wylie News
ORDINANCE ANNEXING 52.84 ACRES,CITY OF WYLIE,COLLIN COUNTY,TEXAS-Page 4
CITY OF WYLIE, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.:
DATE OF ANNEXATION ORDINANCE:
ACREAGE ANNEXED: ACRES
SURVEY, ABSTRACT &COUNTY:
Municipal Services to the acreage described above shall be furnished by or on behalf of
the City of Wylie, Texas, at the following levels and in accordance with the following
schedule:
A. POLICE SERVICE
1 . Patrolling, responses to calls and other routine police services, within the limits
of existing personnel and equipment and in a manner consistent with any of the methods
of the City of Wylie, Texas, extends police service to any other area of the municipality, will
be provided within sixty(60) days of the effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient police
personnel and equipment will be provided to furnish this area the maximum level of police
services consistent with the characteristics of topography, land utilization and population
density within two(2)years from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the areb, the same level of police services
will be provided to this area as are furnished throughout the City.
B. FIRE SERVICES
1 . Fire protection and emergency ambulance equipment by the present
personnel and the present equipment of the Fire Department, within the limitations of
available water and distances from existing fire stations, and in a manner consistent with
any of the methods of the City of Wylie, Texas, extends fire service to any other area of the
municipality, will be provided to this area within sixty (60) days of the effective date of the
annexation ordinance.
Page 1
2. As development and construction commence in this area, sufficient fire and
emergency ambulance equipment will be provided to furnish this area the maximum
level of police services consistent with the characteristics of topography, land utilization
and population density within the area as determined by the City Council within two (2)
years from the effective date of the annexation ordinance, or upon commencement of
development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of fire and
emergency ambulance services will be provided to this area as are furnished throughout
the City.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1 . Enforcement of the Citys environmental health ordinances and regulations,
including but not limited to,weed and brush ordinances, junked and abandoned vehicle
ordinances and animal control ordinances, shall be provided within this area sixty (60) days
of the effective date of the annexation ordinance. These ordinances and regulations will
be enforced through the use of existing personnel.
Complaints of ordinance or regulation violations within this area will be answered
and investigated within sixty (60) days of the effective date of the annexation ordinance.
2. Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings, plumbing, mechanical and electrical work to
ensure compliance with City codes and ordinances will be provided within sixty (60) days
of the effective date of the annexation ordinance. Existing personnel will be used to
provide these services.
3. The Citys zoning, subdivision, sign and other ordinances shall be enforced
in this area beginning within sixty (60) days of the effective date of the annexation
ordinance.
4, All inspection services furnished by the City of Wylie, but not mentioned
above, will be provided to this area beginning within sixty (60) days of the effective date
of the annexed ordinance.
5. As development and construction commence in this area, sufficient
personnel will be provided to furnish this area the same level of Environmental Health and
Code Enforcement Services as are furnished throughout the City.
Page 2
•
D. PLANNING AND ZONING SERVICES
The planning and zoning jurisdiction of the City will extend to this area within sixty (60)
days of the effective date of the annexation ordinance. City planning will thereafter
encompass this property, and it shall be entitled to consideration for zoning in accordance
with the Citys Comprehensive Zoning Ordinance and Comprehensive Plan.
E. PARK AND RECREATION SERVICES
1. Residents of this property may utilize all existing park and recreational
services, facilities and sites throughout the City, beginning within sixty (60) days of the
effective date of the annexation ordinance.
2. Additional facilities and sites to serve this property and its residents will be
acquired, developed and maintained at locations and times provided by applicable
plans, policies and programs and decisions of the City of Wylie: This property will be
included in all plans for providing parks and recreation services to the City.
3. Existing parks, playgrounds, swimming pools and other recreational facilities
within this property shall, upon dedication to and acceptance by the City, be maintained
and operated by the City of Wylie, but not otherwise.
F. SOLID WASTE COLLECTION
1 . Solid waste collection shall be provided to the property in accordance with
existing City policies, beginning within sixty(60)days of the effective date of the annexation
ordinance. Residents of this property utilizing private collection services at the time of
annexation shall continue to do so until it becomes feasible because of increased density
of population to serve the property municipally. Commercial refuse collection services will
be provided to any business located in the annexed area at the same price as presently
provided for any business customer within the City of Wylie, upon request.
2. As development and construction commence in this property and
population density increases to the property level, solid waste collection shall be provided
to this property in accordance with the current policies of the City as to frequency,
changes and so forth.
3. Solid wast collection shall begin within sixty (60) days of the effective date
of the annexation ordinance.
•
Page 3
G. STREETS
1 . The City of Wylie's existing policies with regard to stroct maintenance,
applicable throughout the entire City, shall apply to this property beginning within sixty (60)
days of the effective date of the annexation ordinance. Unless a shoot within this property
has been constructed or is improved to the Citys standards and specifications, that stroct
will not be maintained by the City of Wylie.
2. As development, improvement or construction of strccts to City standards
commences within this property, the policies of the City of Wylie with regard to
participation in the costs thereof, acceptance upon completion and maintenance after
completion, shall apply.
3. The same level of maintenance shall be provided to strccts within this
property which have been accepted by the City of Wylie as is provided to City stroots
throughout the City.
4. Strcot lighting installed on strccts improved to City standards shall be
maintained by either TU Electric or Collin County Co-Op in accordance with current City
policies.
H. WATER SERVICES
1 . Connection to existing City water mains for water service for domestic,
commercial and industrial use within this property will be provided in accordance with
existing City policies. Upon connection to existing mains, water will be provided at rates
established by City ordinances for such service throughout the City.
2. As development and construction commence in this property, water mains
of the City will be extended in accordance with provisions of the Subdivision Regulations
and other applicable ordinances and regulations. City participation in the costs of these
extensions shall be in accordance with the applicable City ordinances and regulations.
Such extensions will be commenced within two (2) years from the effective date of the
annexation ordinance and substantially completed with four and one-half (41/2)years after
that date.
3. Water mains installed or improved to City standards which are within the
annexed area and are within dedicated easements shall be maintained by the City of
Wylie beginning within sixty (60) days of the effective date of the annexation ordinance.
4. Private water lines within this property shall be maintained by their owners in
accordance with existing policies applicable throughout the City.
Page 4
I. SANITARY SEWER SERVICES
1 . Connections to existing City sanitary sewer mains for sanitary sewage service
in this area will be provided in accordance with existing City policies. Upon connection,
sanitary sewage service will be provided at rates established by City ordinances for such
service throughout the City.
2. Sanitary sewage mains and/or lift stations installed or improved to City
standards, located in dedicated easements, and which are within the annexed area and
are connected to City mains will be maintained by the City of Wylie beginning within sixty
(60) days of the effective date of the annexation ordinance.
. • 3. As development and construction commence in this area, sanitary sewer
mains of the City will be extended in accordance with provisions of the Subdivision
Regulations and other applicable City ordinances and regulations. Such extensions will be
commenced within two (2)years from the effective date of the annexation ordinance and
substantially completed within four and one-half (41)years after that date.
J. MISCELLANEOUS
1 . Any facility or building located within the annexed area and utilized by the
City of Wylie in providing services to the area will be maintained by the City commencing
upon the date of use or within sixty (60) days of the effective date of the annexation
ordinance, whichever occurs later.
2. General municipal administration and administrative services of the City shall
be available to the annexed area beginning within sixty (60) days of the effective date of
the annexation ordinance.
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