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10-28-1997 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex Tuesday, October 28, 1997 7:00 p.m. CALL TO ORDER INVOCATION - Rev. A. L. Draper PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Consider Approval of the Minutes from the October 14 Council Meeting 2. Consi er oproval North of R Half Resolution McMillen Formally Initiate Action for a Public Hearing for the Annexation Road 3. Consider nstructionfof auing Newa12hange Ordr No. 1 nch WateeMain Aloor ngxIT Paving &McMillen Road Construction Co. For the Co 4. Consider and Act Upon Approval of a BFI Rate Increase and Adoption of an Ordinance Establishing the New Rates for Residential and Commercial Solid Waste Collection 5. Consider and Act Upon Approval of a Boundary Agreement with the Cities of Wylie and Sachse 6. Consider and Act Upon Approval of an Ordinance For the Annexation of Lots 6, 7 & 8 of the Wylie Ranch East Commercial Park 7. Consider and Act Upon a Request for Approval of a Preliminary Plat Submitted by Charles Lester for a 7.342 Acre, 17 Lot Residential Development Designated as Heatherwood Estates, Located Northwest of the Intersection of Heatherwood Drive and Lanwood Drive, Just North of the Mill Creek Subdivision STAFF REPORTS CITIZEN PARTICIPATION WORKSESSION 8. Discuss and Review Ambulance RFP's 9. Discuss Traffic and Speed Impediments ADJOURNMENT Posted on this the 24th day of October, 1997 at 5:00 p.m. • WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO 1 October 14, 1997 Consider Approval of the Minutes from the October 14, 1997 Council Meeting. Consent Agenda Item No 1 Page 1 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 2 October 28, 1997 Issue Consider approval a resolution to formally initiate action for a Public Hearing for the annexation of the North half of McMillen Road. Background The City p roposes to annex the north half of McMillen Road from FM 13�78 to thehe purpose southeast s corner of the Campbell tract (Wylie annexation 5-15).oad from the County. The annexation is to assume maintenance and gain control of the southern half of McMillen Road is already within the city limits. believedor to that th beginni e north h g of of construction of the installation of the new water main, it McMillen Road where the water main would be cro the Cityer maintenance. of the This was based on the alignment and installationprocedures used for construction 90, and the new er main is Muddy Creek Interceptor Sewer Line constructed in 19tand the line Iwas thin the same utility easement as the existing sewer main. Construction began installed according to City specifications. However, after the lines were installed across the road, the County informed the City that the portion of Mthat this was notln where the acceptable methods occurred was under the County's maintenance and t In order to remedy the situation, City Staff and the Engineer met with Collin County and were presented with options of either taking over maintenance the road through the annexation el casing pipe per Collin County of the north half or re-installing the lines with appropriate steel requirements. The cost to bore under the road, or to remove and re-install the water main would be approximately $30,000 additional to the project. If the road is not annexed, the $30,000 would be spent all on underground and maintain McMillen Road do not benefit the City directly. The City would eventually own in its entirety when properties north of the road a evaluatinge annexed. After of McMillen the options presented by the County, Staff agreed to pursue the annexation of the north half Road. A service plan has been established for this area. A service pand wastewaan must ter facilities,facilities,olice and and maintenance protection, solid waste a d streets, includingection, maintenance road and street lighting. maintenance of r Action Agenda Item No 2 Page 1 Background-continued Listed below is a calendar that has been established for the notices, public hearings and approval of annexation: October 28 Resolution to initiate formal action October 29 1st Notice appears in the official newspaper November 11 1st Public Hearing November 26 2nd Notice appears in the official newspaper December 9 2nd Public Hearing December 9 Adopt Annexation Ordinance December 17 1st Publication of Caption of Ordinance December 24 2nd Publication of Caption of Ordinance Finn ial onsideration If this action is not passed, the City will be required to reinstall the water main crossings at an approximate cost of$30,000 immediately. These funds would come directly out of the 1995 • Bond funds. Other Consideration Local Government Code 43.052, Annexation Hearing Requirements, states that before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which personsted in the annexation are on or after the 40th day busven the t before opportunity to be heard. The hearings must be conducted the 20th day before the date of the institution of the proceedings. At least one of the hearings must be held in the area proposed for annexation if more than 20 adult residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice. The protest must state the name, address, and age of each protester who signs. The municipality must also publish notice of the hearings in the newspaper. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing. The municipality must • give additional notice by certified mail to each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. Local Government Code 43.053, Period of Completion for Annexation, states that the annexation of an area must be completed within 90 days after the date of the governing body institutes the annexation proceedings or those proceeding are void. Board/Commission Recommendations N/A Action Agenda Item No 2 Page 2 St.,f ;?ecommendations Staff recommends approval of this resolution calling for a public hearing to initiate the annexation for the North half of McMillen Road. Attachments Resolution for Public Hearing Map of Area to be Annexed Service Plan Prepared Revie by inance City Manager Approval Action Agenda Item No 2 Page 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF E CITY OF THEE CALLING FOR A PUBLIC HEARING TO INITIATE THE ANNEXATION OF N/2 OF McMILLIAN ROAD WHEREAS, the City of Wylie desires to initiate annexation of the N/2 of McMillian Road; and WHEREAS, the City of Wylie finds that said annexation is advantageous for the city; and WHEREAS, the City of Wylie will be able to effectively deliver services to said property owners; and WHEREAS, the City of Wylie will be able to oversee and regulate future enhancements of the area; and WHEREAS, the City Council of the City of Wylie finds that the approval of the request would pose no negative affects on the citizens of Wylie NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Wylie: Section 1. That the City Council of the City of Wylie does hereby grant approval to initiate annexation proceedings for the N/2 of McMillian Road DULY PASSED AND APPROVED this the 14th day of October, 1997. Jim Swartz, Mayor Susan Shuler, City Secretary • i � i • i ! _.,,,i c _1 . .• I `3RLJ �� c°_1 il 1 r,...?..-1'...: ------N , „) 1 • gram -,411 It.,44 imams', ir aft. ! ) ' rillr‘' __ A ... 7 /......., I I 1 lig ...... .\''''. \ 1 1 iimmiligri fizz- : _ ! i 1- 1/.� paxauU o+ naab ( I w J ' Ammimir / N _ 1 n fi ri-7 7.- C.) CITY OF WYUE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACRES ACREAGE ANNEXED: 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 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 te City on commen within ceme�t(of 2) years from the effective date of the annexation ordi ane orup 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 regulationeffective dateions lthin this area will be answered of the annexation ordinance. and investigated within sixty (60) days of the 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 ordinancesiIxp within 60 � s of the effective date of the annexation o(donce. Eistg personnel wIbeedo provide these services. 3. The City's 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. ient 5. As development and construction eveeof Env onmeataaHealis re , ffhcand personnel will be provided to furnish this area the Code Enforcement Services as are furnished throughout the City. Page 2 D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the eordinance.will extend City plan n grea wwill'n sixty (60) thereaffer days of the effective date of the annexation encompass this property, and it shall be nance ed to consideration and Comprehensive Planaccordance with the City's Comprehensive Zoning Ord 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 feasiblet llection because ofCncreased density es at the time of annexation shall continue to do so until it becomes 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 property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the 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 streets throughout the City. 4. Street 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 (2W�four and one-half (4%2j years after ars from the effective date of the annexation ordinance and substantially completed 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 ecve date oflations. Such extensions the annexation ordinanceilabend commenced within two (2)years from the e 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 ACTION AGENDA COMMUNICATION ITEM NO 3 October 28, 1997 Issue Consider approval of issuing Change Order No. 1 for XIT Paving and Construction Co. for the construction of a new 12-inch water main along McMillen Road. Background This project includes the construction of a new 12-i nch Roada and main from along McMelen across Muddy corner of the South Fork Mobile Home Park to McMillen Creek to the McMillen Farms Estates subdivision. Change Order No. 1 represents an increase in the quantity of pipe required to complete the project and related appurtenances. The quantity of pipe required increased by 360 linear feet from the original contract. The design work for the new 12" water main was completed after review of the As-Built drawings of the existing 8-inch water main in McMillen Road. The developer, who installed the 8" line in March of 1994, evidently did not pay for nor install what would normally be required. The line was installed at a time when the City did not have adequate inspection capabilities. There were no above ground facilities (fire hydrants, valves, etc.) which would visually indicate the location of the end of the line. The improper installation was discovered in September during construction and the line had to be extended to the actual location of the existing main (360 linear feet). Due to the actual As-Built location and configuration of the existing 8-inch water main, an additional 8-inchgate valve The tren h safety quantity was also An additional concrete encasement was alsorequired. extended the same amount. (See Change Order No. 1, Exhibit A). The City's Engineer Greg MacLean serves as Construction Manager and made a judgement in the field that the change order was unavoidable and was absolutely necessary to complete the job. A decision was made to authorize the avoid Ci y Councafo�appuld hoval ave increased the cost. It is the practice to take these items before the prior to the work being authorized. Board Recommendations N/A Action Agenda Item No 3 Page 1 Einancial Considerations This project is funded entirely from the 1995 Bond Program, Phase II. The original contract amount for this project was $255,044.48. The total amount (net increase) of Change Order No. 1 is $15,175. The new contract price including Change ChanOrder e Order No!s1$270,219.48. represent a Please see attached Change Order No. 1 and Exhibitg 5.9% increase over the original contract amount. Other Considerations Texas Local Government Code requires a Change Order be prepared when the contract amount changes by more than $10,000. Council approvalof less than required 10% this action. This Change Order represents a change in the contractprice Staff Recommendations Staff recommends approval of Change Order No. 1 in the amount of$15,175 Attachments Letter from The Hogan Corporation Change Order No. 1 with Exhibit A Mae ed.ed-no. Prepared b Rev' ed by Fina e City Manager Approval Action Agenda Item No 3 Page 2 THE HOGAN CORPORATION Engineers • Planners • Consultants October 17, 1997 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 RE: New 12"Water Main along McMillan Rd. THC No. 002-35.20 Dear Mr. Collins: Please find attached four(4)copies of Change Order No. 1 to the above referenced project. Please sign all four(4) copies in the appropriate space, retain two copies for your files, send one copy to XIT Paving and Construction,Inc. and return one copy to this office. If you have any questions, please do not hesitate to contact me. Yours very truly, THE HOGAN CORPORATION Greg acLean, P.E. Vice President Enclosures 12900 Preston Road at LBJ, Suite 620 Member, Consulting Engineers Council of Texas, Member, American Consulting Engineers Council North Dallas Bank TowerDallas,Texas 7523C TEL: (972) 392-4600 FAX: (972) 490-7163 CHANGE ORDER No. 1 PROJECT: New 12" WM along McMillan Rd. DATE OF ISSUANCE: October 17, 1997 OWNER: City of Wylie OWNER's Project No. 2000 Hwy. 78 North Wylie, TX 75098 • CONTRACTOR: XIT Paving & Construction, Inc. ENGINEER: The Hogan Corporation P.O. Box 495337 12900 Preston Road, Suite 620 Garland, TX 75049 Dallas, Texas 75230 ENGINEER's Project No. THC No. 0 0 2-3 5 Description: Water Main Improvements Purpose of Change Order: Adjust quantities to reflect an increase in amount of work performed. Attachments: Exhibit A" CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ 255,044 .48 90 cal days substantial/120 cal days final days or date Previous Change Orders No. to No. _ Net change from previous Change Orders 0 $ days Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 255, 044.48 90 cal days substantial/120 cal days final days or date Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order 0 $ 15,175.00 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 270,219.48 90 cal days substantial/120 cal days final days or date RECOMMENDED: APPROVED: APPROVED: by .?• iE by by Gregory S. MacLean, P.E. Mike Collins, City Manager XIT Paving & Const., Inc. The Hogan Co ora 'on City of Wylie / DATE: DATE: DATE: CHANGE ORDER NO. 1 EXHIBIT"A" ITEM NO. DESCRIPTION ADD'L. UNITS UNIT$ TOTAL QTY. 1 12"Diameter Water Main 360 LF $22.28 $8,020.00 8 Concrete Encasement 61.4 CY $100.00 $6,140.00 9 Trench Safety 360 LF $.25 $90.00 NEW 8" Gate Valve 1 EA $925 $925.00 Total Amount,Change Order No. 1 $15,175.00 • WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 4 October 28, 1997 issue Consider and act upon approval of a rate increase and adoption of an ordinance establishing the new rates for residential and commercial solid waste collection. Background The City's solid waste collection contract with Browning-Ferris Industries contains rate modification provisions whereby the contractor may petition the City for annual rate adjustments. Rate increases can be requested no more than documented increases in nthe ths during the term of the contract and must be based on contractor's operating expenses. One year into the current contract, which became effective September 1, 1995, B.F.I. declined to exercise their option oms rising petition landfillfor d sposal annual costs.rate adjustment but warned of a probable increase In a letter dated July 25, 1997, B.F.I. formally requested a rate increase to become effective on the anniversary date of the contract. As justification for the rate adjustment, B.F.I. cited a 3.13 % increase in the Consumer Price Index since 1995 and an increase in disposal costs of 8.06 % over the same two year period. The eun t. Based attributable on these calculations, costfactors is $.24 and $.46, respectively, for each res dentia B.F.I. is requesting an increase of$.70 per residential unit. Rates for commercial collection would increase by 12 % (roughly equal to the combined C.P.I. and disposal cost increases). In reviewing the petition for rate adjustment, City staff determined that the effect of documented landfill cost increases was readily quantifiable as a variable cost factor in the disposal of the City's solid waste. The C.P.I., however, does not necessarily reflect the contractor's direct operating costs. B.F.I. was instructed to provide documentation of operating cost increases which relate directly to the performance of the City of Wylie contract. B.F.I. responded with statistics demonstrating that, in addition to landfill rates, two other factors had significantly increased their operating costs over the past two years. The salaries of personnel directly involved in Wylie waste collection operations have increased by approximately 4 %. This increase in personnel expense amounts to a cost increase of $.08 per residential unit. Of greater impact is the decline in market value of recyclable commodities collected under this contract. When B.F.I. submitted their rate proposal in 1995, the materials collected in the Wylie curbside recycling program had are worth $39 96 per ton. This 65 % loss per ton. In today's recyclable market, those same commodities in revenue amounts to a cost increase of$.74 for each residential unit. Action Agenda Item No 4 Page 1 BackgrOU d - continued Given these statistics on disposal costs, personnel expense and thence. recycling yF�ng prte ogram, the nt documented increases in operating costses residence which would er encrease B.F.I.'s residential rate • request, however, remains at$.70 p from $7.39 to $8.09. With the addition of debt service and administrative o ate schedules, esntiall customer's bill would increase from $8.94 to $9.64. Currentproposed ed r are attached. Finn ial-onsideration The requested rate increase would be passed on to residential anecessary commercial adjust the producers. There is no additional cost to the City, however, it will a rY sanitation line item in the Combined Services cost center of sanitation expendhe Geeral Fund iet.ture wouldased on the current house count, with a $.70 monthly increase, increase by approximately $32,760.00 annually. The City's revenue from sanitation fees would increase by a corresponding amount. An adjustmente will enue from sanitation ppranch rojectd revenues. With the proposed new commercial rates, the fees would increase by approximately $6,000.00. Other_Con iideration Should Council vote to approve the requested rate increase, it will be necessary to adopt the attached ordinance establishing the new fees for solid waste collection. Council authority for the regulation of public utility rates is addressed in Article X, Section 8. of the Wylie City Charter. Board/Committee Recommendation N/A. Staff Recommendation Staff recommendation is that Council approve the request of Browning-Ferris Industries for a rate increase for residential and commercial solid waste collection and disposal and adopt • the ordinance establishing new collection fees. Action Agenda Item No 4 Page 2 Attachments Ordinance Establishing New Fees B.F.I. Request for Rate Increase B.F.I. Operating Cost Statistics Proposed Rate Schedule Current Rate Schedule ;AG eGra:44 )/4 1A1L (AAS Prepared by Revi ed byFinan City Manager Approval Action Agenda Item No 4 Page 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING FEES FOR THE RESIDENTIAL AND NON-RESIDENTIAL COLLECTION OF GARBAGE, TRASH, BRUSH AND RECYCLABLE MATERIALS; AMENDING SECTION 9 OF APPENDIX A TO THE WYLIE CITY CODE; AMENDING PORTIONS OF ORDINANCE 95-25 AND FURTHER REPEALING ALL CONFLICTING ORDINANCES; CONTAINING FOR PENALTY CLAUSE; CONTAININGA AN EFFECTIVE DATE WHEREAS, Browning-Ferris Industries (BFI) has petitioned the City for a rate modification under the terms of the City's contract for solid waste collection; and WHEREAS, the rate modification requested by BFI provides for changes in rates for certain services, including an increase in fees for residential and commercial collection services; and, WHEREAS, the City Council has determined that the rate modification requested by BFI is justified by documented increases in the contractor's operating expenses for performance of the work under the solid waste collection contract; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 9 of Appendix A to the Wylie City Code be, and it hereby is, amended as follows: Section 9.01(a)The rate for residential service is changed from$8.94 to $9.64 per month. Section 9.01(c) The rate for each unit of a single family detached or duplex (not master metered) is changed from $8.94 per month to $9.64 per month. Section 9.01(d) The rates for Duplex, Multi-family, Trailer Park are changed from $8.94 per month to $9.64 per month; and the rate for residential unit (utility customer outside City) is deleted from the rate schedule. Section 9.02(a) The base rate for commercial hand collection is changed from $10.00 for twice per week collection of one 90 gallon polycart to $11.20 . BFIRATES.ORD 1 Section 9.02(b)-(c) The fee of for each additional polycart collected twice weekly is changed from $3.50 to $3.92. Section 9.03 Commercial Dumpster Charges are changed as follows: 2 cu. yd.- 1X$41.44/mo.; 2X $ 88.48/mo.,3X$117.60/mo. 3 cu. yd.- 1X $ 57.12/mo., 2X $ 106.40/mo.; 3X $164.64/mo. 4 cu. yd.- 1X $ 85.12/mo.; 2X$135.52/mo.; $191. mo.52/mo. 6 cu. yd.- 1X$ 99.68/mo.; 2X $162.40/mo , 3X 8 cu. yd.- 1X $122.08/mo.; 2X$209.44/mo.;3X $278.88/mo. Extra pickup rates are changed as follows: 2-4 cu. yd.-=$31.36 each additional pickup. 6-8 cu. yd.- $35.84 each additional pickup. Section 9.03 Special Charges: The charge for a return check is changed from $15.00 to $20.00; and the per month rental rate for roll off containers is deleted. Other special charges are changed as follows: Compactor Containers- $280.00 per haul Roll-Off Containers- $252.00 per haul Additional Residential Cart- $2.52 per month SECTION II In the event of non payment of charges for the above services City shall have the right to deny further service to such non paying person or customer. - SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. BFIRATES.ORD 2 SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance;nor shall it have the effect of discontinuing, abating,modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 28th day of October, 1997. By James D. Swartz Mayor ATTEST: Susan Shuler City Secretary BFIRATES.ORD 3 PEP.11.1997 1:43PM BFI MARKETING N0.972 P.2ib _ e __ Fi July 25, 1997 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Dear Mike: This letter is being written in compliance with the contract of the between contr the Ciict c fi ty f Wylie and BFl granted on September 1, 1995. Paragraph 15.02 adjustment criteria and pass-through of landfill disposal increases. For your review, I have attached a summary sheet Priceshowing ex for the Dallasns graa nd a new Rate Schedule. As you can see, the Consumer indicates an increase of 3.13% as of June 1997, and disposal cost increase of 8.06%. Although the contract allows for annual rate adjustments, BFI was successful in holding down our operational costs for the first two years of this contract. However, we would like to implement the attached Rate Schedule to become effective September 1. BFI is pleased to be the provider of solid waste services in Wylie and we appreciate your patronage. We have enjoyed serving your residents and we look forward to providing all of your solid waste and recycling needs in the years to come. If you have any questions, please don't hesitate to give me a call at 972/225-0964. Respectfully yours, f:-.42a- alud,t12. Randi Colleen Smith Public Sector Specialist, Marketing cc: Brady Snellgrove, Finance Director Tim Henderson, BFI District Vice President BFI-N.Texas•450 E.Cleveland Road•P.O.Box 1309•Hutchins,Texas 75 1 41-1 309 Phone 972-225-8151 •Fax 972-225-7424(DEW-Metro) Fax 972-225-4777(N.Texas landfills) Po«•c�: SEP.11.1997 1:43PM BEI MARKETING N0.972 P.476 lee paper �> BFI Cost Comparison September 1995 -July 1997 Solid Waste Wages: 1995 1997 Var. Driver/Helper $5,222 $5,440 $218 Supv. $896 $933 $37 SG&A $1,298 $1,352 $54 $7,416 $7,725 $309 Wylie Homes: 3801 Per Unit $0.08 Recycle Material Value: _ 1995 1997 Var. Per Ton $115.40 $39.96 ($75) Ton/Mo 37.3 37.3 $4,304 $1,491 ($2,814) Wylie Homes: 3801 Per Unit $0.74 Total Cost Increase: Per Unit $0.82 NOTES: - Wages increased 4%. Solid waste = 1 driver; recycle = 3 drivers, 3 helpers. - Due to BFI's purchasing strength, fuel costs were held down to $.02/gallon. BFI also negotiates contracts for tires and other maintenance inventory Bit COMMODITY MIX (2.5%)TIN@.% CONTAMINATES (7J&) PLASTIC y \ / i ° 4? „ ! d d , /z6Z) GLASS ^.:\/ IA %.4***F411k, \' ' ' .' ''. / '' \ / 2 *\ « %\ \ \: © �' \ \ >e /ALUMINUM } a� J A \\ .. / (71.9%) NEWSPAPER COMMODITY PRICE COMPARISON September 19 to July 1997 } t 95 120 ,.. ;�9 4' ,� 9/95alue ': . 80 ' . A 0. N t a W y�, `, '' ,4'- t -• .Y�"i far. 0 60 0� ` t tab �"� a d r t c 40 3 ,' '0d 9 ? k + 04nr,1 r t r t' , � 7/97"Value x, ,:-f, 20 r $ wit,-..*410,00f � •t1 , .k vx a � �`'`y'� � a 1 �? �' 35% Reduction i• n Revenue During Contract Period 1 Recycled paper CALCULATIONS CITY OF WYLIE Effective Date: November 1, 1997 CPI-U INCREASE: 3.13% CPI-U as of 6/97 151.415 . CPI-U as of 10/95 LANDFILL DISPOSAL INCREASE: 8.06% $19.00 Per Ton Landfill Rate as of 9/95 $24.00 Per Ton Landfill Rate as of 10/97 Disposal Computation: $19.00 to $24.00 Per Cubic Yard Landfill Increase #Homes 3,801 Total Disposal Tons 4,191 -:- 12 Months= 349.3 Tons/Mo Disposal/Month at $24.00 x 349.3 = $8,382.40 Disposal/Month at $19.00 x 349.3 = $6,636.07 $1,746.33 Monthly Disposal Increase $0.46 Per Unit Landfill Rate Increase I Trash Recycle Total Rate Rate Rate $5.70 $1.69 $7.39 Current BFI Rate $0.18 $0.05 $0.24 CPI-U Increase $0.46 n/a $0.46 Disposal Increase BFI MONTHLY RATE $6.34 $1.74 $8.09 liFt Recycled paper ® P3 CITY OF WYLIE SOLID WASTE SERVICE RATE SCHEDULE Effective Date: November 1, 1997 BFI 15% BFI MONTHLY CITY BILLING RESIDENTIAL SOLID WASTE & RECYCLE RATE FEE RATE RESIDENTIAL- Single Family $8.09 $0.00 $8.09 >: RESIDENTIAL DUPLEX- Per Unit $8.09 $0.00 $8.09 TRAILER PARK- Per Unit $8.09 $0.00 $8.09 ADDITIONAL POLYCART- Per Unit $2.52 $0.00 $2.52 COMMERCIAL SOLID WASTE COMMERCIAL POLYCART COLLECTION $g 52 $1.68 $11.20 (Twice a Week) (Additional Polycart) $3.33 $0.59 $3.92 2 Cu.Yd. (1 x Week) $35.22 $6.22 $41.44 (2 x Week) $75.21 $13.27 $88.48 (3 x Week) $99.96 $17.64 $117.60 3 Cu.Yd. (1 x Week) $48.55 $8.57 $57.12 (2 x Week) $90.44 $15.96 $106.40 (3 x Week) $139.95 $24.70 $164.64 $72.35 $12.77 $85.12 4 Cu.Yd. (1 x Week)(2 x Week) $115.19 $20.33 $135.52 (3xWeek) $162.79 $28.73 $191.52 6 Cu.Yd. (1 x Week) $84.73 $14.95 $99.68 (2 x Week) $138.04 $24.36 $162.40 (3 x Week) $204.68 $36.12 $240.80 8 Cu.Yd. (1 x Week) $103.77 $18.31 $122.08 (2 x Week) $178.03 $31.42 $209.44 (3 x Week) $237.05 $41.83 $278.88 EXTRA CONTAINER PICKUPS: (2 Yd., 3 Yd., 4 Yd.) $26.66 $4.70 $31.36 (6 Yd., 8 Yd.) $30.46 $5.38 $35.84 liFt Recycled paper a I ac SPECIAL CHARGES: 42 CU.YD. COMPACTOR CONTAINERS - Per Haul $238.00 $42.00 $280.00 (Includes Disposal) (Does Not Include Equipment) 30 CU.YD. ROLL-OFF CONTAINERS - Per Haul $214.20 $37.80 $252.00 (Includes Disposal) 30 CU.YD. ROLLOFF CONTAINERS - Daily Rental $5.95 $1.05 $7.00 DELIVERY/EXCHAN GE OF ROLLOFF CONTAINERS $63.75 $11.25 $75.00 DELIVERY/EXCHANGE OF FEL CONTAINERS $42.50 $7.50 $50.00 POLYCART PURCHASE PRICE $51.00 $9.00 $60.00 RETURNED CHECK CHARGE $20.00 $20.00 BF 1 . ATTACHMENT A THE CITY OF WYLIE,' TEXAS SEPTEMBER REFUSE AND RECYCLING SERVICE: 1995 -RATE . . - $ 7 .39 Residential - Single Family $ 7 .39 Duplex Unit - Per Unit $ 7 .39 Trailer Park - Per Unit Additional Polycart, Per Unit $ 2 .25 (Up to 50 Users) - COMMERCIAL SERVICE: $ 10. 00 Commercial Hand Collect 2 x week $ 3 . 50 Additional Polycart 1 x week $ 37 . 00 2 Cu. yd. 2 x week $ 79 . 00 3 x week $105.00 • 1 x week $ 51. 00 3 cu. yd. 2 x week $ 95. 00 3 x week $147 . 00 1 x week $ 76. 00 4 cu. yd. 2 x week $121.00 3 x week $171. 00 1 x week $ 89 . 00 6 Cu. yd. 2 x week $145. 00 3 x week $215. 00 1 x week $109 . 00 8 cu. yd. 2 x week $187.00 3 x week $249. 00 EXTRA PICKUPS: $ 28.00 2, .3 , 4 cu. yd. $ 32 .00 6, 8 cu. yd. SOLID WASTE AND RECYCLING CON1RACT-Pagc 20 hjilAcaboxAwytiebrown.°DO S + , T. SPECIAL CHARGES : Compactor ;Containers (42; cu• yg•) Per Haul equipment rental) (includes'disposal) (Plus equi p d• Per Haul $225.00 Roll-Off Containers (30 cu. y ) (includes disposal) ;- : - yd. ) Daily Rental $ 7 .00 Roll-Off Containers (30 cu. Per Day Delivery & Exchange of Roll-Off ., $ 75. 00 Delivery & Exchange of Front Load Containers $ 50. 00 $ 60. 00 Polycart Purchase Price $ 15.00 Return Check Charge _ $ 5. 00 Tires (each) SOLID WASTE AND RECYCLING cornitAC1 -Pagc 21 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 5 October 28, 1997 issue Consider and act upon approval of a Boundary Exchange Agreement between the cities of Wylie and Sachse. Background The Wylie City Council on February 24, 1997 gave approval to Herzog Development Corporation's Woodbridge Development District Conceptual Plan. A copy of the Agenda Communication prepared for consideration of that item is included as Attachment A. The issue of a boundary exchange was discussed formally with the City Council during a January 1997 work session. A decision was made that the boundary issue would be resolved after the conceptual plan was approved in order to prevent delays in construction of the golf course. 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 Iots to be developed )n Wylie. The only State Highway 78 access to these 43 lots would be from athoroughfare extending east from 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 5 Page 1 Bank ound -continued A golf course is a very popular and important quality of life amenity that is a mest t000ven s draw ell. The for residential development and a valuable business/commercial development overall value that the golf course represents is of g s eons bleufor the prov e than the lion os of fseprvices to erty tax revenue. In addition, the city would no longer be re p the 43 remote lots. Section four of the Boundary Agreement states that the City of Sachse and the City of Wylie • agree that in the event the golf course ceases Cityof Wylie then both ci to be a private course tiesdshall establish becomes an operation of one or both of the City of Sachse equal use of the facilities including but not limited to membersh fees, g oif me playing fees sh p ,ginollf f cart fees and other items of expense incurred in the playing golf or hol associated club. This does not preclude the city emen cities t of the coursoperating ehbue tgthe said charge course from charging a fee for maintenance, upkeep and manag shall be equal to the citizens of the two cities. The approval of equal access demonstrates an act of good faith alissues inad ration which a level by the 'of of Wylie. It is anticipated in the future that there willbe se cooperation will be necessary between the two cities. Financ I Con dera#ions The exchange of the 43 lots represents a potential loss of ad valorem tax revenue.• paid per average value of the homes constructed was $125,000, the annual property ropa rt taxes$35, year at the current tax rate of .0665 (43 lots X $830) would be approximately 90. The Collin County Central Appraisal District has palculated at $ 0,000 per information to acre plus the e city that establishes the assessed valuation of a golf course is 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 Based 4A and 4B wou d be (1) million, the combined sales taxes collected forgeneral fund, $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 5 Page 2 Other Considerations Article 1, Section 3 of the Wylie City Charter provided authority r o the City Counc under t to Section adjust boundaries. Wylie will also be required when the annexations y 43.056 of the Local Government Code, for provisions of Services to the annexed areas and use it as directed in said statute. Board Recommendations The Planning and Zoning Commission is not required to consider issuesapproval relating to city l mit it boundaries and annexations. However, the Boundary Agreement Woodbridge Development District Conceptual Plan and amendments to the Conceptual Plan will be considered in the future by the Planning and Zoning Commission. Staff Recommendations N/A Attachments Agenda Communication of February 24, 1997 Existing City Limit Boundaries of Wylie and Sachse Proposed City Limit Boundaries of Wylie and Sachse Boundary Agreement )1)jig, 60-440. Prepared by Revi ed by Financ City Manager Approval Action Agenda Item No 5 Page 3 Attachment A February 24 Agenda Communication WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 4 • February 24, 1997 Issue Hold a Public Hearing and consider a recommendation of approval from the Planning and Zoning Commission a request from Herzog Development Corporation for approval of the proposed Woodbridge Development District Conceptual Plan. - ilackgro and Don Herzog of Herzog Development Corporation, located at 9696 Skillman Street, Suite 210, Dallas, Texas, initiated discussions with staff in the spring of 1996 regarding a 921 acre master planned community. This proposed development is to be located south of Alanis Drive, between Sachse Road and State Highway 78. Of the 921 total acres, approximately 390.51 acres are situated within the Wylie City Limits. The remaining acreage is located in the Sachse City Limits. The development, known as Woodbridge, will consist of amenities such as an 18 hole championship golf course, park/recreational areas, neighborhood/park hiking trails and community swimming pools. Approximately 980 residential lots will be within the Wylie City Limits. There will be multiple residential lot types including 9,000 sq.ft., 8,400sq.ft., 7,200 sq.ft. and 5,500 sq.ft. lots. Regarding residential development, there will also be a City Council approved set of Development Standards, protective covenants, as well as a Homeowners Association. Herzog Development Corporation, with required council approval, plans to begin development of the golf course this year. Residential development in Wylie is expected to commence in 3 to 5 years. The Herzog Development Corporation is requesting this development to be established as a Planned Development District. According to the City of Wylie's adopted Zoning Ordinance, a Planned Development District's general purpose and description is as follows: A planned development district is intended to provide for the combining and mixing of uses allowed in various districts with appropriate regulations, and to permit growth flexibility in the use and design of land and buildings in situations where modification of specific provisions of this ordinance (Zoning Ordinance) is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. A "PD" district may be used to permit new and innovative concepts in land utilization. Action Agenda Item No 4 Page 1 In order to establish a Planned Development District (PD), the developer must follow basically a two step process which includes submitting for approval a Conceptual Plan and a Development Plan. The developer must first submit for approval a Conceptual Plan. The Conceptual Plan must show the applicant's intent for the use of the land within the proposed development in a graphic manner and as required by staff, be supported by written documentation of proposals and standards for development. The Conceptual Plan must also show thoroughfares, preliminary lotting arrangements and other pertinent development data deemed necessary. Once staff has determined that the applicant has provided sufficient information, a Public Hearing must be held at which the Conceptual Plan will be submitted to the Planning and Zoning Commission to consider recommending approval or denial of the Conceptual Plan to the City Council. Once the Planning and Zoning Commission has taken action, the City Council will call a Public Hearing at which the Conceptual Plan will be submitted for approval. The second phase of establishing a PD District is submitting for approval a Development Plan. The initial Development Plan must be submitted for approval within 6 months from the approval of the Conceptual Plan. If the Development Plan is not submitted within 6 months, the Concept Plan is subject to reapproval by the Planning and Zoning Commission and City Council. The Development Plan shall set forth the final plans for the PD District and needs to conform to the data presented and approved on the Conceptual Plan. The Development Plan is a complete site inventory analysis of what is to be developed. This plan will include, but not be limited to, detailed lot information, existing and proposed public infrastructure and utilities, all public right of ways and easements, screening and landscaping and other pertinent data as required by staff. The Planning and Zoning Commission will again meet and consider a recommendation of approval or denial to the City Council for the Development Plan. Once the Planning and Zoning Commission has taken action, the Development Plan will be submitted for approval to the City Council. The ordinance establishing the PD District will not be approved until a Development Plan has been approved. The Development Plan may be approved in phases. If phasing is proposed, separate approvals by the Planning and Zoning Commission and City Council for the initial and subsequent sections will be required. Approval of the Development Plan shall be the basis for the issuance of any building permits. On January 6, 1997, Don Herzog made a presentation to the Planning and Zoning Commission describing the Woodbridge Development Conceptual Plan. On January 20, 1997 the Commission met and had the opportunity to express any concerns they may have had. Action Agenda Item No 4 Page 2 Concerns raised included the following: • 5,500 sq.ft. lots being allowed and setting a precedence (Sec.2.09) Note: Staff informed the Commission that current residential development standards remain in effect and that each individual PD proposal would be evaluated on its own merits. • Adequate utility service (3.06) Note: Staff informed the Commission that the developer, at his sole expense, is required to provide adequate utility service to the development. • When and how impact fees are collected (3.13) Note: Staff informed the Commission that Herzog Development Corp. has been made aware that the City has an adopted ordinance stating that Impact Fees are to be collected at the time the Developer submits the Development Plan (Final Plat) and does not intend to waive such requirement. He has since then amended Development Standards accordingly • The time frame allowing the Planned Development District as well as the Concept Plan approval to remain in effect (Sec. 3.02,b(5)) Note: Developer will submit Development Plans within every 24 months. Failure to do so will allow City to review Development's validity • The time frame of development (3.03) Note: Same as above. • The issue of who exactly will maintain the parkways and medians of major and secondary thoroughfares (Section 3.09) Note: Mr. Herzog has amended this section to clarify that it will be up to the City if and when the City will maintain the parkways and medians of major and secondary thoroughfares. On February 11, 1997, Mr. Herzog was present at the City Council Meeting and made a presentation regarding Woodbridge to Council. Mr. Herzog addressed specific issues that were brought up in previous discussions with the Planning and Zoning Commission as well as issues that had been discussed with Staff. Items that were discussed included : • Intentions of further discussions with school officials regarding possible school site location in the Woodbridge development Action Agenda Item No 4 Page 3 • The development of a minimum of 23 9,000 sq.ft. lots on the Wylie side of the development • Having a minimum ratio of 7 interior lots developed for each golf course lot developed Councilman Monday requested that written comments fom school officials be obtained describing impact of this development on the school system. Board Recammenslati0ns The Planning and Zoning Commission recommended approval of the Conceptual Plan and the Development Standards by a vote of four (4) to three (3). However, a condition of the approval was that Mr. Herzog'clarifyns fthat it would ry not nd bm e the City's responsibility to maintain the parkways and med jor thoroughfares within the development unless the City agreed to do so. Mr Herzog did address this issue and amended Development Standards accordingly. on ider_ations Fin ancial Considerations tied to a project of this nature include the collection of certain fees. Fees involved in this particular project are as follows: Preliminary Plat Fees (Conceptual Plan) Final Plat Fees (Development Plan) Impact Fees Developmental Inspection Fees Perimeter Street Fees Maintenance Bond This revenue will be collected at such time as Development Plansare submitted nosaap before approval. All applicable fees must be collected prior to approval of saidDevelopment building permits are issued. LegaLConsiderations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, itdat es that and amendments the Planningd Zoning Commission will recommend to Council proposed regarding planning and zoning changes. Action Agenda Item No 4 Page 4 St ff Recommendati i Staff recommends approval of the Woodbridge Conceptual Plan. There has been much research, deliberation and negotiation between Herzog Development Corporation representatives and staff regarding the purpose, intent and suitability of this development project. The Woodbridge project conforms to Comprehensive Plan goals such as producing a variety of housing alternatives, providing quality neighborhoods and meeting varying recreational needs of Wylie citizens. isted in the Other amenities addressed by the Woodbridge of �nearopment reenb which along major Icreeks with Comprehensive Plan are the developmentg connections to future parks in the area. Specific development standards have been put in place that will insure quality in the development of the residential areas of this project. Staff is satisfied that the proposed Woodbridge Conceptual Plan meets the criteria set forth by the adopted Comprehensive Plan developmental guidelines and its associated regulating ordinances (Zoning and Subdivision Ordinances) and the standards and intent expressed therein. Staff concludes that through the integrity of the procedures followed that the Woodbridge master planned community will offer Wylie residents an array of quality housing alternatives and amenities. Woodbridge will play a vital role in the continuing growth of Wylie. Attachments Development Standards Site Plan Map Location Map Area Zoning Map W114.,1,16,&4, PreP ar bia“61jr— Rev,;'e ed by Finan City Manager Approval Action Agenda Item No 4 Page 5 Attachment B Existing City Limit Boundaries - Wylie/Sachse X o sue'-='' ,'• ,��111111111111111111/111111I�\I • a , I l 1 f �1111111111111►��� I ` " 1111111 • ��� CAI v 111111►��a �*� �i� �I • �� 1IIIIII� pC 1 •� r i iii�i�i0����Q��e .1 11• �1111111 •!v • `� 4�i �, %,1 ♦�UIII min 111 \ % •, ,,•_vp,... -imum .n L , - \ 2y. g,g i fle _ • tI S.1,oo 1%0.ii•-• .*�Ip .will ♦ I0 0$ #•V ♦ II//1 ?t77 t•,,,•°4 4\•4A\ _ :: 6` ' $t$$ii�# �♦IjO�I//1111 S 1 - Q c ' $Sf ♦toII41 /I /j Hoopand_ n7 w �� �.�•�;v1. /�jI////IIIIIIi d , ", •:::.. W::• ♦ QI/U11111/ lt t,k.‘ , . "1/11:11:dliarStitOt 1: . s 4 0 ‘"\'"' 411m1400111-% te -7 . 1—_3, 3 ,r) IA"- , , • .-,„ do �� ...,_ , : ::. ,.,. _ n,______„ ; .I . r---o ]ohoo� •-"D J' -' i�oD . , c ... -\ '' .01e4C1". 1 IA *.--- 0 �o Q I Sachu Road Attachment C Proposed City Limit Boundaries - Wylie/Sachse X + •\%, timu1111 UL I r 1 n I . O` rI 11 - II 7 \ co o 4•1_.`$��/4�'4 ice'• r♦�♦�• ���um:in: li Iumuu& ♦ ��� 1$I��•j.j�j� S..11111 . 2A> I I,_ ?Si ' .$s$:$$$$$$70 • 4/111- n i .&, 1- -?'- i • $ .1. ... , 4, HI $$. .. ...,, 1„,, 1.1,114. Hooper Rd. ��' a.,(iff. deb d Q ♦••���,'•`���,%�iUI11111 q A. 1/� 4� ss SU M 2 Q D�ii� i �1 • Xi. ___,,. ,c3 a co illarsstt *a b/,,t• D,,,.....„- l- -I; --4 - -� ,. _ ,0,,,,,,...„.„,_ si . , �lin , � arIv,r� y ..) . .fljO4 /if,. 44;iv , ./..*::;:": (41113.c , - • , i LI-3\---UU . • • e 1• L / • ' 4� �c4 \ ..''....„i.:.......1.:.:.-. ;[, ,ii---b _,.c ).Q U...:..:.-_i.::..1.:•::--1 ilk .._.....L � 1 Sack c Road \30� • STATE OF TEXAS } } BOUNDARY EXCHANGE AGREEMENT COUNTY OF COLLIN } PURSUANT TO 43.054 LOCAL GOVERNMENT CODE WHEREAS,the cities of Sachse,Texas and Wylie,Texas, respectively, have been discussing the correction in borders between the two cities, which would be needed to have both cities effectively carry out the development of acreage both in the cities of Sachse and Wylie, respectively, by the Woodbridge Properties, LLC, development; and WHEREAS,this development encompasses a new golf course which would lie substantially within both cities and problems could arise as to the maintenance, care and management of said golf course; and WHEREAS,there are two adjacent tracts to the City of Wylie which would be bound by the golf course,which are in the Muddy Creek area of the City of Wylie, but adjacent to the jurisdiction to the City of Sachse; and WHEREAS,the two cities have reached an agreement with reference to the manner in which these problems on adjacent boundary lines should be handled; and WHEREAS, Sections 43.021 and 43.054 Local Government Code gives the cities the authority to exchange properties between them; NOW, THEREFORE, for and in consideration of the hereinafter mutual covenants and agreements, the cities of Sachse, Texas and Wylie, Texas, respectively, through their governing bodies, do hereby agree as follows: 1. The two tracts of land which adjoin Sachse's city limits, but presently now lie within the city limits of the City of Wylie, are a 15.61 acre tract of land and a 3.21 acre tract of land, both EXCHANGE AGREEMENT-1 fully described on Exhibits "A" and "B", respectively, of this Agreement, by metes and bounds. This property is hereby ceded to the City of Sachse,Texas by the City of Wylie, Texas, and the City of Wylie hereby releases and relinquishes its extraterritorial jurisdiction to said tracts so that at all times hereafter said tracts belong to the City of Sachse, Texas, subject to compliance with the other statues and regulations of the State of Texas in the Local Government Code. 2. The third tract of land is the portion of the golf course located within the City of Sachse, Texas and legally described as containing 52.84 and 22.52 acres of land as more fully described in metes and bounds on Exhibit "C" of this Agreement. This property is hereby ceded to the City of Wylie, Texas by the City of Sachse, Texas, and the City of Sachse hereby releases and relinquishes its extraterritorial jurisdiction to said tracts so that at all times hereafter said tracts belong to the City of Wylie, Texas, subject to compliance with the other statutes and regulations of the State of Texas in the Local Government Code. 3. In an abundance of caution, the City of Wylie will disannex the two tracts of real property comprising 15.61 acres and 3.21 acres as shown on Exhibits "A" and "B", respectively,to the Agreement. Likewise, the City of Sachse will disannex that tract of land described as 52.84 and 22.52 acres as shown on Exhibit "C" to this Agreement. 4. After the disannexation proceedings have taken place by the cities of Wylie and Sachse, respectively, then the cities of Sachse and Wylie will annex the three tracts involved; namely, the tracts described in Exhibits "A" and "B" will be annexed to the City of Sachse, Texas and the City EXCHANGE AGREEMENT-2 of Wylie shall annex the property described in Exhibit "C" to the City of Wylie, Texas. It is understood with the exchange of property that the golf course will continue to be owned and operated as a private course by the Developer or the developers affiliated organization. The City of Sachse and City of Wylie agree that in the event the golf course ceases to be a private course and becomes an operation of one or both of the City of Sachse and City of Wylie then both cities shall establish equal use of the facilities including but not limited to membership fees, golf playing .fees, golf cart fees and other items of expense incurred in the playing golf or holding membership in an associated club. This does not preclude the city or cities operating the golf course from charging a fee for maintenance, upkeep and management of the course, but the said charge shall be equal to the citizens of the two cities. 5. Each city will have to prepare,under Section 43.056 of the Local Government Code, for provisions of services to the annexed area and use it as directed in said statute. 6. The cities of Sachse, Texas and Wylie, Texas, respectively, agree that this Agreement contains mutually agreeable changes in their boundaries and each city agrees to be bound thereby. 7. The cities of Sachse and Wylie mutually agree that the real property described on Exhibits "A", "B" and "C" to this Agreement are adjacent and contiguous to the boundaries to the cities of Sachse and Wylie respectively. Further, said cities mutually agree with each other,that each city will disannex the properties described herein so that Sachse may annex property in Exhibits "A" and "B" and Wylie may annex the property in Exhibit "C". EXCHANGE AG EEME.NT-3 8. This Agreement shall be binding upon the City of Sachse, Texas and the City of Wylie, Texas, respectively, upon passage of the proper resolution by the city councils of the cities of Sachse and Wylie respectively, and the execution of this agreement by the Mayor and City Secretary of each city. IN TESTIMONY WHEREOF, witnesseth our signatures this day of . 1997, as authorized by the attached two resolutions from the City Council of the City of Sachse, Texas, and the City Council of the City of Wylie, Texas. City Secretary, Sachse, Texas Mayo , Sachse, Texas , Imprint eal Mayor, Wylie, Texas City Secretary, Wylie, Texas Ma Y Imprint Seal EXCHANGE AGREEMENT-4 PBS&JSJ:UOB19513100\lG\ANNEX6.LGL LEGAL DESCRIPTION 15.61 ACRES City of Wylie, Collin County,Texas, BEING a tract of land out of the RICHARD NIEWM and es SUR in VEY, Abstract Be co EquO,in'�ties�lne., recorded in Collin County Clerk's File being part 0 the 195.939 theacrend tract of File No. 95-0003093 of the Land Records of Dallas County,Texas, and being more particularly described as follows:recorded COMMENCING at a point in the north line of the 411.15l Countycre aTexas for the southeast corner of ct of land described in deed to C.J.Thomsen, tbefotementioned in Volume 742, Page 64 of the Deed Records of 195.939 acre tract; Thence with the south line of the said 195.939 fo corner;t tract and the continuingorth line with the the south 11.1 of acre15 e tract, North 88°30'15" West, a distance of 406.46 feet to a point 4.22 feet said 195.939 acre tact and the north line of the said 411.15 acre tnanc/ North e 85-26 fo5rthe POINT West,F BEGINNING, fa distance of which to a point in the south city limit line of the City of Wylie perO the southwest corner of said Ordinance 85-26 bears North 87°58'43" West, a distance of 436.45 feet; acre tract and ine f the d THENCE continuing with the south line of the said 195.939 •a d9stan diact and the north stance 436.45 feet to la point for corner; THENCE the said south city limit line, North 87 58 43 West, 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 oi toor corner; r the nning of a circular curve to the right, having South 24°17'09" East, a distance of 139.45 feet to a point 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. 31 and Bearing system based upon the bearing of North 53°04'39" East betweenNo.the eTexas Dep o the North rtment MonumeZone nts No. Texas No. 33 of the horizontal control for the improvements to State Highway State Plane Coordinates. EXHIBIT . 1 • • _ ! �/ W 1 MO •1LGl. \ atr • •i ` Mal ACM �re0. „„ t��d1�1I�M YMi•r e Vs 4/00/61•1r 1•�1 Wm. Whin • Y l.d W 1O 1 rrs�n Y11w•Catlin O I d•1 �•..1 1ra � y{•1�••YI•�••rIWY•r wtw•.w Y!•• (IY Y.•=6•w F L.•11vr.r W1•• •w.Y l•^- ramO WENS S�� r..4, '•.M rIr tow el w•:Nowt 7.4:•'':. ..=••w.i..• Y.IY� on 11••M r Y•r•1•• r M M1a l 11...NN�,A w'mow I o r w 4 ' IY M:•�•w owe w..r.1•. wr Y•w�.�M V Nor.rft At1.1.wrY We Ire CO*W 111•to•on�t1 w V`10'...1•••••••r Y.a w_'_+n: S-1/••iw.•'Yrr+l�r:i'• •1•••••• r me-•.mwre�r�.•M.••�•a ti Nor .U•t.••- •M•+•w I••of S.Nor r r.WW1.r M wrw tied w WWI*I•••.Via mil eNor••.•a1V 1YY I.Y writ O M'N•v..•—.•/CO W.I.•r.•••M.ri }Y.•V.. Y•Y 1M r 1•wY 10—.Ir.•.••A Um r!•wY W Y M•inst.Vs YSYU• M'_Mee�!le:hot•154 r rtr 1•••Y. . If u•r Y•O 1M1•'�{•�.LL•t. _•ri U•I Iµr YiY••••I►Iry im.1+/•r•.V•Y r••1.•••VM1•w111 ,• DN� 1.r W•SW.•.r•••1 MA We.••Now4•1re•ra r..r u r•Y 1•(.. OM al•Wsoliff** m•••• .wrM w•w••M r•••••1w N•••••► 1l0 ACRES ra.1 a s�ii..t r r e Now r.�r•r•..1r. SllCO II3-00 MC. r.1.M•s s•u iw•No r sr molts•Nowt w r.� Nor 131•11.WM of 1rL 4.1•No+0.i= u i'�V- 16.11J6 K C.V. •f-000]0.1 u•••r•wt Li/MI I.b•MY WICK V. am wfllffl LM.C.C.L jr"O•YS•boil. Y.o r OM••••l• t I��,M•.....n•\....... .Nor r In.. .•.I u WON.Owl. also o a\ral M Y••y lw Or+.�•w•`M..I•.711�1/•nr • 1•.rl b•11 wrNo r�ir.Y wwrY w•.•'.�.'w 1•MM•1•b�VFW 1►••••••••ww too••• Y. mare' b_n-Wl yV/ ' �p.w1Yl II 1 I1laa1,,l•• • I.O AGES 1• ELF. w il • L•tt1. t; 15.61 ACRES $.Jut ISK _____' uo.POTIOVON VOL nil K 4111\ LILLC.t. /POINT OP BEGINNING /POINT or COMMENCING • larifIST IMF *Oaf p.r ANNEXATION EXHIBIT \nL �r Mr.M L 11.11 PCDF.LCO TRACT RICHARD NEWMAN SURVEY. AUST. NO. 66( ci DL Lw COLLIN COUNTY, TEXA VOL 1.7 Pc M S • 1`, n•. •...1 MOWN u..• IPPL POST. ERNIGA Y. .c . 'u oma 1•,• VW SLILY•l WWI OC Dn*nr•mfT COMP. 5CIIUII & JF.KNIGAN INC. •l4 11l•T•YD•AL .11M III ll.M nut Cc.11AL•lL MI • Il.w•Ow,1 r I �Ir_•+ r W l+.rV• t..••.�•y••irrr.u. W L$C0.0.Cv&1 Sill ..(lDaus1NMI- •NI Sill W y 1•Ill O AIQf 1•N•1...�...h•...11.+.WI Ill•)L»-t•M WALL t• SW'...•1s..A•sl I�.tl 7•o-N0• WNt- m K MINN A-s.alJ AC 10MNLacc1. I.., INS at Ou.O..L11 IN ON IN SRI 41' u . 1.1111.22. *Cr /roan0I COYY[NCOIG a Or CO l.I>..,. aul. l N1r1 w aar•� r/yvr.� wso•.� �,�I — I1Y' 1►IJI• J.LaY writl "��•Oar.r. �cGat �,$IIPf10N • TRACT III :�' room • or II[Gu1NI1IG ]21 M LS 921 ACRES nut Gl an r l� ' ,.+...O.J1.1.N.r1 A N N.11N.K IN.AI••bLLN N.0.... AN..rl N L/N W Ir q' •r 1...,R1O.. �iJ A•.q...N..E t.is' A urr .t N S r • ,rOO.Otti fi.►",IY...i®N w yu OVA....OY..... O>fAt. 111J► NNWy A.AOO Im O.Ar.j.w�A w I....Ol••O q.r< y INC AIAsre use •• lAd MIA N.RA lY.:GWA N J'N M yw r�If ~Wawa ISO ACM ry1.�1], r on I,Ar...l•l••...•. Y.. N11 =elk.r A.•• N*Mii 1•0 r.Nir Yr � 10w10 AL A-• 00L �C 1Y�]OO] y.,.nw+V,i rll..•r•..4•p...ii=�-w...,,N.A�►Ya..w w---„,AnI N w WWI.IOGp,O¢A1011l L/. pw1f11 AJr a,p.Cl.l. A,..1..r tilu CS.lau Ir..rA r MAI ON A.NM INN V.Ow son IN l.,..—Won Nct�A rAL.W'A r - W.f�� 1!weer Y1 w—555 I IN*I.�n C ory.y/.IN Y NL' 1�..�w • OAANu� O. N.••I•'.••A Yi .....Ow.rh�.'Nwr..=!i•alO'.. A wl,rH •/t A ,.M�.w........w N.,r.A r�rA• r.r.•N Awr r..w..... I.,.Llriw 1 ovum.N AM OA N w 1.....•N.lrlr•N..••w ..�A.nA M 1 ..� 1.117N1 '1 1 NM N WEIN:..Ar N AU Mw rO•wO rir OI N� I I] �/•.w r•./n w•t 001.NAY r.a.^ • 1I, y�.o.••••11.IAN.• r Il Id M M l.+• �.r�N...1 r 1)rt M. F 0W I00 OCJl7 GIN•',W 5.5.A/11.M•w 1w.MN.N NUN OY.1.N. A q M wwAa fro • .I f. ....IX w.w N I w r I I t At am�1JIIL1 ..11 y�V. q Y� Cam.�h��a0aa i yAwd./lO wr..'�'Ms11.1 1. �AI q .11lr re...1.`V. �W�IA�I,.aJl LIILLI. N CNN CNN.1•••NM NW OT IN .yl•A N O1r A..y N.NOR A • ••••.1 IN. ,w.u.N...+•"emu r sl w I. A IO�^V•Wal wd w w'�•VN lei N 1..7l W w w N.0.•r.i Iw d lam IMIN PIN?. I I 10N. •-...-, WHOA osmium VOL a701 PG..10 I,L�t. \ DISANNEXATION EXHIBI T DELCO TRACT RICHARD NEWMAN SURVEY, ADST. NO. 660 • COLLIN COUNTY, TEXAS .,1.13 At. ' 5.MOWN SOL I.1 IN.M aOACCI.• M 4...IY.f 1.WWI •�‘ .YYIJGMT.�OQ 0[�OOLL.SIN Arl O.•,a N a IN M M OJT. dUCIC12 Y, O�'Om O W000 M 1[/M nil 10/1011A:COOS an 1r..,Au1r NO) SCHUH is JERNIGAN INC. ►u CCwpm UM.SUM Cu WW2.1n� was:1' -Coo' YIN C.rrrr.• "w'"•'"�~ LIN ulcan.cy�lA C� Ialq w-u« WO)►11-10N or... O..r•woos O+ICI aarCA+ - PBS&JSJ:\JOB\9513100\LG\ANNEX4.LGL LEGAL DESCRIPTION 3.21 ACRES BEING a tract of land out of the RICHARD NEWMAN SURVEY,b iAbstract n eed to No.Be o 660,Equities,in Cityhe of Sachs inCollin County, Collin County Texas, and being part of the 195.939 acre tract of land de 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 for the northeast corner of the beforementioned 195.939 acre tract; THENCE with the north line of the said 195.939 a re tract feet, thoae foilow fangc courses and distances to wit: North 88°05'01" West, a distance of .34 North 87°35'01" West, a distance of 353.01 feet to a point for corner; North 88°20'47" West, a distance of 46.94 feet to a point for corner; North 87°15'05" West, a distance of 249.58 feet to a point for corner; North 87°20'40" West, a distance of 618.74 feet to the POINT OF BEGINNING and the northwest corner of the said City of Wylie City Limit Ordinance 85-26; E leavin the north line of the said 195.939 acre tract, South 02°32'02" West, a distance of 760.36 feet to a point TNENC g for corner in the west city limit line of said Ordinance 85-26; THENCE leaving the said west city limit line, the following courses and distances to wit: North 15°42'43" West, a distance of 125.34 feet to a point for corner; North 59°06'45" West, a distance of 25.83 feet to a apoint for the a beginning d distance of North 24°25 33 left, "having West, a central angle of 110°37'36",a radius of 50.00 feet and a chord bearing 82.23 feet; Northwesterly with said curve, an arc distance of 96.54 feet to a point for corner; aving North 79°44'21" West, a distance of 37.64 feet to a point ochord bearing and distance of North 45 03'09"r the beginning of a tangent curve to the right, hWest, a central angle of 69°22'24", a radius of 50.00 feet and a 56.91 feet; Northwesterly with said curve, an arc distance of 60.54 feet to a point for corner; North 10°21'57" West, a distance of 13.15 feet to a point for corner; North 28°42'08" West, a distance of 111.56 feet to a point for corner; North 53°58'21" West, a distance of 69.84 feet to a point for corner; North 18°53'10" East, a distance of 206.21 feet to a point for corner; .939 acre North 04°00'53" East, a distance of 162.04 feet to a point for corner in the north linto All East, nc a recoof lyded in Collin County tract and the south line of the 4.95 acre tract of land described in deed Clerk's File No. 92-0081176 of the Land Records of Collin County, Texas; THENCEd with the north line of the said 195.939 acre tract and the south line of the said Volume 1719,. 5 5a acre tract t theo the Land south h line oftheof the 7.062 acre tract of land described in deed to Troy Miller, recorded in of Collin County,Texas, South 88°51'27" East,a distance of 235.42 feet to the POINT OF BEGINNING and containing 3.21 acres of land. . 31 and Bearing system based upon the bearing of North 53°04'39" East between the No. 78 Tbased on the North Central Zoneexas Department Monuments oof Texa: No. 33 of the horizontal control for the improvements to State Highway State Plane Coordinates. EXHIBIT o:;� :,r�:�w.t,r t 1So AC :'` I y1LU EIRIIN].WC. 199.r7 AG. rii� 1»r:T ::^�..•.• {''•„'^ t.�. 41 i c E r 19s-tlouw9a wi�iRws 119.5 PG lal POII1!OF COIO[ffi)CII1C` rea•u :.j!g••=:�~ �son.wr r. .ryr.r- •.r I.N.C.-0 \ NOR ',.�.. yr.'-� ,�":; 1:,�.... I` POINT OP BECOMING t-R.c.t.T. TRACT II 1u yp75C ;a .Y.. :r. r • II 7••1a.r'1 ,7.7r �aA7fE •o.7r ...... saa9T7n n[a• TLCT II L".. .:--'w?. ".-,'J........, :-�.�•••• i ...pawl aonrlf[ NarolYr 1uD.1a• :::L:."Ln r r"+:algr••- TrP�MP al tea_ rw.��'• \,J• - ' S� uirrtrt 7nr•rt ,�R. r.t....�;,..w �;d'h'.�.1 C:7•.;3: " �.'..�r .. .r1_ � • .. i sarrialii �, /aat�iaar JAILS B.R[1t.EY "1.• �4. •, 1.•1l ...w rm.re w.�..r �.' TRACT Il • rvllrort /9r7r1rL `�,r -�_ J»-~ r..r •• ...f. 22.52 ACRES 1o7aa u•m• Y•: _ ir' t ICitia=:Z'3 1 n.r VOL 712 PC.64 yr"'{.'r"'y 4:4»r. .7rY':C�' r r I.C. n na'a.•Kr OP COIOILNCII1Cti p��I 1y g r..'�'r. •11.13 ..... a7raf'•rr �. SIN or TRACT I p �'. �t' ": ' .."'-"rw LJ. UNNSCN :.w �w.[r • .9 w ,:4:,:i."•. ,�,�t•i'13'3.:' VOL.I.7 PG.14 No� f1TOP ..W„ r:.~ r .r «r ^r --11Stt'1,�1 rrlr.rE urlrKr ♦ •'�1..:'13.' ^YS ,»Si.�.rr.�i':�.. is .)'.Z1 .�.� 1.1.r Jar ..-�,r4.'•1.-."'w:.:.:':.. . "-travr or.• f "%if • r �muKr n.r c0L1w CCKINIY 3 w;."'..r.: ••� ,,.T9.'.ft --------- -.ti CaUN1Y gin k�r�'' +iY �'fw^ COLLIN COUN1V--lalr .... -- -� T•fr . , �- wL.tws Couwrr !•ralrolr ;Mr 5 L' r mp'1r[ .ter• 1 \aa z.r. t:771 ij ..:L"�." 17o.1r ... faa9r •tt is AC ` �R' •'•^» utt.r C.J.INCUSEN 1 1•o.r D.R.D.C.t TRACT �Il lli' __ .... =.... -��r„.Kr JAY BRUNER , •tti uN e~H 52.84 ACRES p• 240 OW mitt 8 r� :ax“••. h. r"'L•:••.� • c�. aus T.. tt �_ VCR 790.3 PG. �, ` G"11}� I w 12 ,.� ..� R.Vat_• 710.r A t:Q$i�1,_y r .....~ ..� L•J Wpm• • �r!..!�,• r„„�•r.s!.:n�M w."..•..a•r r.r""..r r1 s; UT''rK r. TR.: It 315.99 A My�1 y: f� Y` L1.19IS RNODES uYG.lt Ano -+"M _...._.-. ANNEXED I . ..1...r...r 6,.........1........... QRDINANOC NO 840 e+.i a..0 !1r>••Ka ':+w�M r_s i =. �� ••••'•tom eO..910I30 PG.1213 ]19m . ::t+'w .w...» p11n.r� 4.t0 ^S1.:rG....'• 1.. «� �'.��r....�r.... r71r7•'1rt Lr wi:.' ^..'i C'.. �..�. .... 1t7.U'\ l9rorlr[ G't•r.s-• 4. ..«,^B ,;�......rr::E:i C:'Z" /asr ,,�":1Lif _:....�:.S, tl ;:-.--.1-..:---. ."7 .pT•Irof t .(11 .•:R w:::,_,r...^. ..r N r.;'. _ .o.uri."r�r�".." uar a v1Ct[W :11: . .31 ....r urlr•rr • BPoSENO R4R 1WIia1C2 «�'t;: • �,,, 1ur� a7.n�afrL 5FiE.,Lr�..� j• LG...�.'.. ,'1 L'.T'L3:S • w�tai • ec a1r»•.r. ...• .. .�. r...... • a.r Snlf LEDCARLBET7ER •"'i:.t:?ir3r15�• 17:41.r.11�c.�.'•. '''..: •'71•I ' 1iig/ / M '�p�:-r'r:ri..r.rr...w".rs.r..�r wr.,....•. 1M r\ 1 won:. •• a-.•at.'. ERNEST GISMO ,. 1 rn w M`1 '�,.� a.r O yj,'r11 rr..'i..-Ir.r..wr.r r...r.+•r.w.r r...r•...�. 0�.w'. 1,J Wr Y a- L y 11.11'L' . 14111119'/ n-Wa.v1r - ..7..w • c..aaa( POINT OF BEGINNING ATE uwnNEz 'I'![OMSEN TRACT TRACT 1 RICHARD NEWMAN SURVEY, ABST. NO. 1072 NAR1,1uR1wEz DACHAS COUNTY, TEXAS J�/ " COLLIN RICHARD NEWMAN COUNTY TEXAS SURVEY, ABST. NO. 660 •n.sl ta' nara• -�1ar 11'af. ' IARRT STAION Car 9.1a t B.r 14 1R7 M1+r1MA a..IM1 11a.M N.1!r 9 Ir •eI 7 5 POST. BUCK LEY, WYf�T�roO DSYooPtaT[t In.CO SOS 7M M 1 aoU1m ?MA SCIIUH k JERNICAN INC. ��1 Biel �BB^B r /11u3 80 ��COMM. «•Mr.r .TO lama rau.W• wr•rW•O"^'/"•t ILLLIA1,11:112-81 YBtla 014)9aa-/a0a ..Ma a.r.r.l..ar1w,t..11.SOS (t/.)yB-a1Y D.N...r....isms MO Sao-aaoa EXHIBIT C 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, Darn Dallas County,Texas, m 78045,Page and being 4135rt f the 411.15 acre tract of land described in deed to C.J.of the Deed Records of Dallas County,Texas,and being moreen, recorded in Vol particularly described as follows: COMMENCING at a point the corner of theterly right-of-way beforementionedine of Sacse 411 15 ache tract; (variable width ROW)for the northerly most southeast 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 861.96 feet 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 6ing7a4central sof 14'21'58",atance of 0.80 feet radius of653 29 feet oint for the and a chord bearing and distance inning of a tangent curve the left,having 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 corner; 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 corner; 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 corner; 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 (: . 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 comer, 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 comer, 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 comer, 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 comer, North 76'24'46"East, a distance of 130.00 feet to a point for comer, South 00'20'14" East, a distance of 184.00 feet to a point for comer, 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 comer 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 comer, North 85'54'46"East,a distance of 143.00 feet to a point for comer, South 17'35'14"East,a distance of 140.00 feet to a point for comer, 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 comer, 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 comer, 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 comer, 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 comer, South 38'50'14"East,a distance of 80.97 feet to a point for corner; to South 58'52 having a1"`central angle of 32 46'15"feetest,a distance of 498.28 radius of 275 00 and beginning chord bearing and distance of the left,haw g 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 corner, 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 comer, 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 corner, South 88'30'24"East,a distance of the southwest saidt to a point for the 199 27 acre tracfisoutheast corner of the 195.939 acre tract andhe southwest corner o 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 TexasriState control nPla rolCoordinates.for thethe improvements to State Highway No.78, based on the North Central of RESOLUTION# BE IT RESOLVED the City Council of the City of Wylie, Texas, sitting in session had come before it, the consideration of a document entitled Boundary Exchange Agreement pursuant to 43.054 Local Government Code; it was pointed out to the Council that this document provides for changes in the boundary lines between the Cities of Sachse and Wylie respectively and after due consideration, the Council voted to approve said document and for execution thereof by the Mayor and City Secretary, subject to the below condition. This Resolution shall become effective upon the City Council of the City of Sachse, Texas also approving said document and having the same executed by the Mayor and City Secretary of Sachse, Texas so as to make such agreement mutually effective on both Cities. IT IS SO ORDERED this day of June, 1997. City Secretary Mayor RESOLUTION # 14 8 9 BE IT RESOLVED the City Council of the City of Sachse, Texas, sitting in session had come before it, the consideration of a document entitled Boundary Exchange Agreement pursuant to 43.054 Local Government Code; it was pointed out to the Council that this document provides for changes in the boundary lines between the Cities of Sachse and Wylie respectively and after due consideration, the Council voted to approve said document and for execution thereof by the Mayor and City Secretary, subject to the below condition. This Resolution shall become effective upon the City Council of the City of Wylie, Texas also approving said document and having the same executed by the Mayor and City Secretary of Wylie, Texas so as to make such agreement mutually effective on both Cities. IT IS SO ORDERED this 21 day of July , 1997 . �l 1 M or City Se retary y WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATIONtiff ITEM NO 6 October 28, 1997 Issue Consider and act upon the approval of an ordinance for the annexation of Lots 6, 7, & 8 of the Wylie Ranch East Commercial Park. Background The properties owned by Roy Neely and proposed for development are not currently in the city limits of Wylie. At a meeting with the residents from Wylie Ranch East Estates, the question arose "would the commercial addition North of the subdivision be assessed for improvements being made to the water and sewer?" The residents were told that staff would review the situation. During the city staffs review of the tax rolls, Lots 1-5 were assessed taxes but Lots 6, 7 & 8 were not. Staff was asked to review the metes and bounds descriptions on the Wylie Ranch East Commercial Annexation Ordinance (Ord. 86-74 annexed in 1986). In reviewing the metes and bounds it was confirmed that only Lots 1-5 • were annexed and not Lots 6, 7 & 8. In further review the tax office has no record of Lots 6, 7 & 8 ever being on the tax rolls. The Ordinance annexing the Wylie Ranch East Estates Subdivision (Ord. 87-24 annexed in 1987) was reviewed in the event that the lots were included in this annexation. The lots were not included in this annexation. In searching other annexation ordinances approved during the same period that the above- mentioned ordinances were, staff has not found any ordinances to indicate these lots were annexed. Also, minutes from City Council Meetings during that time frame have also been reviewed and indicate the same conclusion. This situation begs the question of why the fact that these parcels are not in the city was not discovered during the previous zone change consideration process. As standard procedure, staff makes reference to the City's official Comprehensive Zoning Map. Each parcel, if annexed, has an ordinance reference number that appears on the parcel or parcels in question. The three lots did indeed have ordinance references. Staff, therefore had no reason to verify what they believed to be accurate. The work obviously was not correct. We have begun a process to complete a comprehensive review of all annexation ordinances. The next issue to be addressed is what the Neelys can do with their property and what control does the city have over the development. Based on what staff knows today, the property is located in the City's ETJ (extra territorial jurisdiction) and a plat is filed with the County. Therefore, the city has neither Land Use nor Subdivision Regulation control. Action Agenda Item No 6 Page 1 Background -continued However, when the Neelys were told this information, they indicated that a quality building would be constructed, the development would be hooked onto the city's sanitary sewer (due to the Council Approval August 5, 1997 for the Kreymer Lane Project) and that it would acceptable to them to be annexed after the County issued a building permit. Staff has verified that the Neelys have received a permit from the County to construct a machine shop. A service plan has been established for this area. A service plan must include police and fire protection, solid waste collection, maintenance of water and wastewater facilities, and maintenance of roads and streets, including road and street lighting. Listed below is a calendar that has been established for the notices, public hearings and approval of annexation: August 26 Resolution to initiate formal action August 27 1st Notice appears in the official newspaper September 9 1st Public Hearing September 10 2nd Notice appears in the official newspaper September 23 2nd Public Hearing October 28 Adopt Annexation Ordinance November 5 1st Publication of Caption of Ordinance November 12 2nd Publication of Caption of Ordinance Two public hearings have been held. The Neelys were the only citizens to have comments concerning the annexation. At both hearings, the Neelys asked that the property not be annexed at this time. Financial on deration Lots 6, 7 and 8 would be part of the assessed property during the improvements made to the Wylie Ranch East Estates and Commercial Park. These lots would also be added to the tax rolls for the 1998-1999 fiscal year. Other Consideration Local Government Code 43.052, Annexation Hearing Requirements, states that before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. The hearings must be conducted on or after the 40th day but before the 20th day before the date of the institution of the proceedings. At least one of the hearings must be held in the area proposed for annexation if more than 20 adult residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice. The protest must state the name, address, and Action Agenda Item No 6 Page 2 Other -continued age of each protester who signs. The municipality must also publish notice of the hearings in the newspaper. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing. The municipality must give additional notice by certified mail to each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. tion, states that the Local Government Code 43.053, Period '{hin 90 daf ys afteron the dater aof the governing body annexation of an area must be completed Y • institutes the annexation proceedings or those proceeding are void. Recommendation N/A Attachments Ordinance Map of Area to be Annexed Service Plan ijileiatai in‹ 4' A .. Prepared by Rev we by Fina ce City Manager Approval Action Agenda Item No 6 Page 3 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A IN COUNTYOF THE TEXAS;YLIE RANCH PROVIDING EAST COMMERCIAL PARK, COLL THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENSO OF NWYLIE EFFECTND BE AND BOUND BY THE HEREINAFTER ACTS AND ORDINANCES 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 inspection and was available for explanation to the inhabitants of the Property at the public ORDINANCE ANNEXING LOTS 6,7&8,WYLIE RANCH EAST COMMERCIAL PARK,CITY OF WYLIE,COLLIN COUNTY, TEXAS-Page 1 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: Lots 6, 7 and 8, Wylie Ranch East Commercial Park, Collin County, Wylie, Texas. The plat is attached as Exhibit "A" ORDINANCE ANNEXING LOTS 6,7&8,WYLIE RANCH EAST COMMERCIAL PARK,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 LOTS 6,7&8,WYLIE RANCH EAST COMMERCIAL PARK,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 and publication. 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 LOTS 6,7&8,WYLIE RANCH EAST COMMERCIAL PARK,CITY OF WYLIE,COLLIN COUNTY, TEXAS-Page 4 • • TCKANA LIMITED INC 142 7 AC • 92.04 Of\ge r T X ♦ n. r. H HALL X H 4) 4) H o PP a. SITE W d u) STATE HWY, 78 -- ' PARKER RnRKLR 10 C ' ELEC LLCC CO. • EUBANKS / 1J AC IU AC 0000 10 AC WYLI RANCH CAST 1 IVM ERc1g r RI((F 5 g / G PARENT TRUSTEE DAVID /1. 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Brown Street ----�-- -- OLD MWY. 70 MEADOW ICIGHTS PAT II DAVID M CI PIKE Mf n00M ME CI A RLK D EXHIBIT "B" CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE Lots 6,7 & 8 WRE CommercigORES ACREAGE ANNEXED:SURVEY, ABSTRACT &COUNTY: Collin County, Texas 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 Crty 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. re 3. Upon ultimate developmen�a�of he area,to this area he same level of as are furnished throughout theemergency ambulance services will be pro the City. c. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1 . Enforcement of the ails 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 City's 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. ient 5. As development and construction levelof Environis area,mental Health and personnel will be provided to furnish this area 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 annexationconsideration for oning to ordinance. 'ty planningz awlll ccord ace fter encompass this property, and it shall be entitled 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 street maintenance, applicable throughout the entire Oty, shall apply to this property beginning within sixty(60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the Citys standards and specifications, that street will not be maintained by the 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 streets throughout the City. 4. Street 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 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 (41/2)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 ACTION AGENDA COMMUNICATION ITEM NO 7 October 28, 1997 Issue Consider and act upon a request for approval of a Preliminary Plat submitted by Charles • Lester for a 7.342 acre, 17 lot residential development designated as Heatherwood Estates, located northwest of the intersection of Heatherwood Drive and Lanwood Drive just north of the Mill Creek Estates subdivision. Background Per the City of Wylie's Subdivision Regulations, an owner or developer must follow certain procedures when subdividing for development of any lot, tract or parcel of land within the Wylie City Limits (or within its extra-territorial jurisdiction). These procedures involve the approval by the Planning and Zoning Commission (P&Z) and City Council of a Preliminary Plat and Final Plat respectively. The purpose of the Preliminary Plat is to provide sufficient information to allow the City staff to review a general plan for the development of a property and make recommendations. The Preliminary Plat is a general plan which shows the location of the proposed development, topographic contours, arrangement of streets, alleys and lots, existing and proposed municipal facilities (water & sewer), drainage areas, and other important features. The Preliminary Plat must conform to the Comprehensive Land Use Plan and development ordinances of the City. The Community Development Department must determine that all necessary information has been submitted and recommend approval before the Preliminary Plat is considered for approval by the P&Z Commission. After P&Z approval, it will then go before the City Council for their approval. Approval of the Preliminary Plat by the P&Z and City Council constitutes authorization by the City for the developer to submit application for approval of a Final Plat subject to compliance with any conditions attached to the approval of the Preliminary Plat. This property is located northwest of the intersection of Heatherwood Drive and Lanwood Drive just north of the Mill Creek Estates subdivision and is zoned SF-2. The subdivision will consist of seventeen 1/3 acre and 1/2 acre lots, with Foxwood Lane extending from the existing Quail Hollow subdivision to Lanwood Drive. The initial submittal of this project consisted of only ten lots and did not include the extension of Foxwood Lane. Action Agenda Item No 7 Page 1 Staff members consulted with the Wylie Independent School District, and determined that the extension of Foxwood Lane would improve traffic circulation for Akin Elementary School which is located directly west of this project. After informing the owner and his Engineer, the subdivision was redesigned to include Foxwood, and several more lots were introduced, • which made a more pleasing layout for both the developer and the City. This proposed development meets the criteria set forth by the Comprehensive Land Use Plan in regards to the location and type of residential development. The general layout (streets, lots and utilities) meets development standards as set forth by applicable ordinances. In reviewing the Preliminary Plat, the lot dimensions meet SF-2 criteria. Financial Considerations All Preliminary Plats are subject to Preliminary Plat filing fees. This fee is $125.00 plus $2.00 per lot or $5.00 per acre in the subdivision (whichever is greater). Once approved, the platting procedure allows for the Final Plat to be subject to Final Plat filing fees, Impact Fees, Developmental Inspection Fees, Perimeter Street Fees, Park Land Dedication Fees, and miscellaneous related fees pertaining to that subdivision. All of these fees must be paid prior to filing the Plat with the County. Other_Considerations Per the adopted Wylie Subdivision Regulations, the Planning and Zoning Commission of the City of Wylie is vested with the authority to review, approve, conditionally approve and disapprove applications for the platting or subdivision of land, including land studies, conveyance plats, preliminary plats, final plats, amended plats, replats and vacation of plats. The P&Z may grant variances from these regulations. All major subdivisions shall be subject to final approval by the City Council. Board Recommendat�ns At the October 20, 1997 Planning and Zoning Meeting, the Board voted to recommend to the City Council approval of the Heatherwood Estates Preliminary Plat by a vote of 5-0 (two • members absent). Staff Recommendation Staff has had numerous discussions with Steve Helmberger of Helmberger Associates, representative of Charles Lester and is satisfied that all preliminary plat requirements have been met. Staff recommends approval of the Heatherwood Estates Preliminary Plat submitted by Charles Lester and he may proceed with Final Plat application procedures. Action Agenda Item No 7 Page 2 Attachments Preliminary Plat Application Location Map Area Zoning Map Preliminary Plat Tn1(2. Prepared b Revi ed by Finan e City Manager Approval Action Agenda Item No 7 Page 3 Page 1 of 3 City of Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date Cj >"Ct Name of Proposed Development f-I +4-Tt+t, i,k'O(23 E- Name of Property Owner/Developer ?�c.r- - 7Y Address / 3 3G� ��iZ'�� � &4 i Phone' / '772._ `77J 8 7?2 Owner of Record S/9-rn C Address Phone Name of Land Planner N6,6_/h El =, Pjz_ (t J SO C Surveyor/Engineer Address u) efs) OP(L12-- Phone �Z 7� JL� r �f Total Acreage 7 (_3-;z Current Zoning S Number of Lots/Units / Signed The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36", showing all data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable 1 . The boundary line (accurate in scale and orientation) of the tract to be subdivided. ;ige 2 of 3 7! 2. The location, widths and names of all existing or platted streets or other public ways within and adjacent to the tract, existing ' permanent buildings, railroads, rights-of-way and other important features, such as abstract lines, political subdivision or corporation / - lines and school district boundaries. i/ Existingsewer mains, water mains, drainage culverts or other 3. g underground structures and utilities within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated. !/ 4. Contours with intervals of two foot (2') or less, referred to mean seat level datum, by actual field survey. / 5. The names of adjacent subdivisions and/or the names of record Z owners of adjoining parcels of unsubdivided land. 6. The proposed name of the subdivision. 7. North arrow, scale, date and approximate acreage of the proposed subdivision. L/ 8. The names, addresses and telephone numbers of the subdivider and of the engineer, surveyor or planner, responsible for preparation of the plat. / 9. The tract designation, zoning classification and other description according to the real estate records of the City or proper county authority; also, designation of the proposed uses of land within the ,� subdivision, including the number of lots of each classification. / v 10. All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitation of such reservations. I 1 l . The layout, names and widths of proposed streets, alleys and easements, such as drainage easements, access easements, electrical easements and maintenance easements. / 12. Provision for the connection of streets with other streets adjacent to the subdivision and for extension of streets to undeveloped property. Also a Circulation Plan indicating how continuous ingress and egress from existing residences and for City Staff will be maintained. age 3 of 3 z.7 13. The proposed base flood floodplain limits and elevations on a one-foot contour interval for all open channels. ,7 14. A plan of the proposed water and sanitary sewer mains and proposed drainage facilities, including drainage areas, location of lines, inlets, culverts, bridges, provisions for discharging onto and crossing adjacent properties and calculated runoff and points of concentration. / 15. A location map of the proposed subdivision on a scale of 1" 1000' showing existing and proposed streets and thoroughfares covering an area at least one mile outside the proposed subdivision. 16. Typical cross-sections of proposed streets showing the width and cross slope of pavement, type of pavement and location, width and cross slope of sidewalks. Title Block shall indicate the date of the current submittal and the revision number. 17. A notice shall be placed on the face of each Preliminary Plat by the subdivider (see wording). il 18. An approval block/certificate shall be placed on the face of each Preliminary Plat by the subdivider (see wording). , Taken by: (j(ik, '` File No.: Date: qU 7 Fee: 16o Receipt No.: 6/0(10 o`1O .1111111111111" I 1 ,„,, A in.. a C;t UmIts k� ry z i y imi s ard600,71 , ii ,-- State -1-ii.hw0 No. /ti \,\„// ;III / Er iiif111;si / :--� City Limits / �r ■ ii _. /� .-P- 1111111 i-I ^� ,/ _iip E.1. 77:11, L - vOy. 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