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11-08-1983 (City Council) Agenda Packet Date posted 11-4-83 Time posted 10:15 AM G LAKE tr LAVON WYLIE • LAKE RAY HUBBARD AGENDA CITY COUNCIL MEETING November 8, 1983 7:00 P.M. • JCall to order and invocation. . Approval of Minutes and Accounts Payable. � -���'� ����' ��� � "�```"�` " A3. Public hearing on re-zoning of Abstract No. 23 Atterbury Survey -' Block Track 50 (triangle surrounding Birmingham, Stone and Ballard) w` ` from Retail to SF2 Attached and retail . 4. Second Public hearing for annexation of 125 acres on FM 3412. West _ ; „a_ of Wylie (across from Birmingham Land) v5. Consider approval of Bids on two Police Cars. vi6. Consider approval of Bids on one pickup for Public Works. Consider. approval of bids on FM Base Radio .Station for Fire Department. 8. Consider approval of Tony Franzen collecting outstanding water bills. j9. Public hearing for zoning of Wyndham Estates between old Highway 78, - rt-r Kreymer Land, New Highway 78 and Eubanks. j10. Consider final approval of South Second Street. -- � � . Consider approval of improvements to Oak Street. - ?-1, ,_, y A'03 2. Consider approval of Resolution for land exchange with Hassie Hunt Properties. 43. Consider approval of Resolution and vote for the Board of Directors, Collin County Tax Appraisal District. . Consider appointment of City Manager. 4 i5. Department Reports. 16. Citizen Participation. 17. Mayor and Council Reports 18. Adjourn. 114 NORTH BALLARD P.O.BOX 428,WYUE,TEXAS 75098 PHONE(214)442.2236 \<`y SANER, JACK, SALLINGER & NICHOLS AL/RED SALLINGER ATTORNEYS AND COUNSELORS AT LAW R.E.L.SANER(1871-I936) JNO.C.SANER(1874-1948) H. LOUIS NICHOLS 1200 REPUBLIC NATIONAL BANK BUILDING' LAWRENCE W.JACKSON TIM KIRK DALLAS,TEXAS 75201 ROBERT L.DILLARD III ROBERT D.HEMPHILL (214 742-5464 ROBERT E. HAGER PETER 0.SMITH W.H.JACK October 26, 1983 ROBERT L.DILLARD,JR OF COUNSEL Mr. I. W. Santry, Jr. P. O. Box 428 Wylie, Texas 75098 Re: Annexation Procedure Dear Mr. Santry: Before the City may institute annexation proceedings, the City Council must provide an opportunity for all interested persons to be heard at two public hearings. It is difficult to establish a general rule to follow in regard to setting the dates of these public hearings and the time of publication of notice because of the rather complicated manner in which the notice provision of the statute is written. The statute provides that the governing body shall give all interested persons an opportunity to be heard et two public hearings and that these public hearings must be held not more than 40 days nor less than 20 days prior to the institution of such proceedings. The Courts have held that "institution of such proceedings" means the date the Council first takes action on the adoption of the ordinance granting the annexation. The statute also says that notice for each hearing shall be published once in the newspaper not more than 20 days nor less than 10 days before that hearing. Using this rule, it is almost necessary to take each fact situation and carefully work out a schedule of publication of notices and meeting dates to meet the time requirements. It is our opinion that one notice could be published advertising both hearings. The statute also provides that at least one of these hearings will be held within the area of the property proposed to be annexed if, within 10 days after the publication of the notice, more than 20 adult residents who reside within the territory proposed to be annexed protest in writing to the City Secretary. We would, therefore, recommend that the notice of the public hearings state that both hearings will be held at the City Hall unless, within the 10 day period following the publication, more than 20 adults residing within the area file written protest to the City Secretary, and then in that event, the hearing will be adjourned from the City Hall and held at a location within the area to be annexed. I would recommend that when the city gets a petition to annex, we sit down and carefully calculate the proper dates for the public hearings and the date for publication of the notice of such hearings, rather than to try to establish in advance a general rule that will fit all situations. If you have any questions, please do not hesitate to contact me. Very truly yours, SANER, JACK, SALLINGER & NICHOLS Byl ( ) (1./Lawrence W1 Jackson LWJ/sb OP10-3083 SANER, JACK, SALLINGER & NICHOLS AL/RED SALLINGER ATTORNEYS AND COUNSELORS AT LAW R.E.L.SANER(I671-1938) H. LOUIS NICHOLS JNO.C.SANER 0874-1946) LAW RE NCC W.JACKSON 1200 REPUBLIC NATIONAL BANK BUILDING TIM KIRK DALLAS,TEXAS 75201 ROBERT L.DILLARD DE ROBERT D.HEMPHILL (214)742-S464 ROBERT E.HAGER W.H.JACK PETER 0.SMITH October 26 1983 t ROBERT L.DILLARD,JR OF COUNSEL Mr. I. W. Santry, Jr. P. O. Box 428 Wylie, Texas 75098 Re: Procedure for Handling Zoning Changes Dear Mr. Santry: The adoption of a Comprehensive Zoning Ordinance by a City also includes the adoption of a "Zoning Map." The original Zoning Map remains unchanged as a part of the adoptive ordinance, and a copy of the Map becomes the official Zoning Map of the City and should be on display in the City Hall and should reflect all changes of zoning as they occur. Any change of zoning, alteration of the Zoning Map, or amendment to the basic zoning ordinance, must be accomplished by the adoption of an ordinance as an amendment to the basic Comprehensive Zoning Ordinance. An applicant wishing to change the zoning on his property from that shown on the original Zoning Map must first file with the City an application for zoning change. The City staff should not accept an application form unless it contains the following: (1) A statement of the present zoning classification of the property. (2) A statement of the desired zoning classification for the property. It is important that in the application, these zoning classifications be named using the exact language for the name of the classification as stated in the Comprehensive Zoning Ordinance. For example, one or our zoning classifications is "SF-1" Single Family Dwelling District-1. This classification should not be described as "SF-1" Residential Dwelling District or any other name other than the exact name as listed on page 1 of your Comprehensive Zoning Ordinance. (3) The application should have attached to it, a good legal description of the property sought to be zoned. This legal description should be the one submitted by the applicant and the one the applicant represents to be the proper description. Providing the city with a good legal description should be the applicant's responsibility. The city should not take on this responsibility. The application form should state that the applicant is responsible for providing the City with a proper legal description of the property sought to be zoned and that problems that might arise because of his failure to do so, shall be his responsibility and not the City's. More problems arise in zoning change matters from improper legal descriptions than any other area. The applicant should be encouraged to have_his zoning description checked by his engineer, surveyor or attorney before he attaches it to his application form. The legal description should be typed on a separate sheet of paper and attached to the application form. The City should not accept a photocopy of a legal description out of some deed, deed of trust or title insurance instrument, as the legal description to be used. Once a valid application for zoning change has been submitted, it must be heard on public hearing before both the Planning and Zoning Commission and the City Council. Therefore, when the application is filed, the City Secretary normally schedules it for a hearing before the Planning and Zoning Commission. NOTICE OF P&Z HEARING Written notice of all public hearings before the Planning and Zoning Commission on proposed changes in classification must be sent to the owners of real property lying within 200 feet of the property on which the change in classification is proposed. Such notice must be given not less than 10 days before the date set for the hearing. This notice goes to the owners as the ownership appears on the last approved City Tax Roll. (1011f) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL After the public hearing before the Planning and Zoning Commission, the Planning and Zoning Commission delivers its final report to the City Council. At least 15 days' notice of the time and place of the public hearing before the City Council must be published in an official paper or a paper of general circulation in the City. The City Council follows the same procedure in the conduct of its hearing as did the Planning and Zoning Commission. After the City Council closes the public hearing in regard to the zoning change, it may deliberate, vote and announce its decision, or it may take the matter under advisement for deliberation, vote and announcement at some subsequent meeting. If the City Council does not have a zoning change ordinance before it, the motion showing approval of the zoning change should be as follows: "I move that the zoning change on application of Mr. X be tentatively approved subject to the adoption of an ordinance and direct that the City Attorney prepare an ordinance which when passed will change the property from its present zoning classification to "SF-1" Single Family Dwelling District-1 Classification." You will note that the example motion uses the exact name of the zoning classification. This is very important. The vote directing the attorney to prepare the ordinance which will grant the zoning is merely an indication of the Council's present intention and does not, in fact, grant the zoning change. The zoning change is not granted until the ordinance is adopted. The tentative vote of the City Council requires only a majority vote to carry. Later when the ordinance is before the City Council, passage of the ordinance usually requires only a majority vote to grant the zoning change or adopt the zoning amendment. However, two conditions may have taken place, either of which will require the favorable vote of at least three-fourths of all the members of the City Council in order to adopt the ordinance. These two conditions are: 1. Where written protest has been received against the change, signed by the owners of 20% or more, either of the area of the lots or land included in such proposed change, or the lots or land immediately adjoining the same and extending 200 feet therefrom. 2. If the recommendation of the Planning and Zoning Commission was that such change be denied. (Article 1011e). If an ordinance is passed granting a new zoning change, a copy of the ordinance should go to someone specifically charged with the duty of changing the official zoning map is displayed at the City Hall. We would recommend that this responsibility be carried out by the City Engineer. The caption to the zoning ordinance should be published in the newspaper on one occasion. JOINT PUBLIC HEARING There is a provision in the law whereby the zoning procedure may be shortened by having a joint public hearing between the Planning and Zoning Commission and the City Council. These joint hearings are usually held only when authorized by the City Council and only where circumstances justify or warrant the shortening of the procedure. If you have any specific questions concerning this matter, please do not hesitate to contact me. Very truly yours, SANER, JACK, SALLINGER & NICHOLS By 77c L.WitCr2iV I Lawrence .;Jackson LWJ/sb OP10-2983 1