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01-26-1993 (City Council) Agenda Packet WYLIE �pAGEENDA ITY COUNCIL JANUARY 26, 1993 7:00 P.M. MUNICIPAL COMPLEX CALL TO ORDER INVOCATION - Reverend Al Draper PLEDGE OF ALLEGIANCE PRESENTATION - GFOA AWARD FOR EXCELLENCE IN FINANCIAL REPORTING CONSENT AGENDA 1 . Consider Approval of the Minutes of December 8, 1992, January 12, and January 14, 1993 2. Consider Approval of a Resolution Approving an Annexation Request from the City of Sachse in the Wylie ETJ 3. Consider Approval of an Ordinance Adopting the 1991 Uniform Building Code 4. Consider Approval of an Ordinance Adopting the 1990 National Electrical Code ACTION ITEMS 5. Discuss and Consider Action Related to Petition For "No- Parking" to Parking on Stoneybrook Lane 6. Discuss and Consider Action Related to an Impact Fee Waiver Request from Robert Fuston and John Willingham 7. Discuss and Consider Approval of an Ordinance Adjusting Utility Rates 8. Discuss and Consider Approval of an Ordinance Prescribing a Time Frame for Payment of Impact Fees 9. Discuss and Consider Approval of an Interlocal Agreement with the Town of St. Paul For Fire Protection Service 10. Discuss and Consider Authorizing the Purchase of Vehicles Under General Services Commission Agreement STAFF REPORTS 11 . City Manager's Report 12. City Engineer's Report 13. City Attorney's Report CITIZEN PARTICIPATION EXECUTIVE SESSION 14. Hold Executive Session Under Article 6252-17 V.A.C.S. to Discuss: a) Personnel: Appointments to Boards and Committees b) Litigation: Don White vs. City of Wylie c) Litigation: Cambridge Income Fund vs. City of Wylie 15. Take Any Necessary Action Related to the Executive Session: a) Personnel: Appointments to Boards and Committees b) Litigation: Don White vs. City of Wylie c) Litigation: Cambridge Income Fund vs. City of Wylie ADJOURNMENT City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Mary Nichols DIRECTOR: City Secretary DATE REFERENCE NO. SUBJECT 1/22/93 1 Minutes of December 8, 1992, January 12 and January 14, 1gQl SUMMARY OF SUBJECT: Attached are the minutes of your last three meetings . As usual , Council may approve them as is or with changes. ALTERNATIVES: ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 • $ CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. -u CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. `\ UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MINUTES OF THE WYLIE CITY COUNCIL December 8, 1992 CALL TO ORDER 5 Mayor John W. Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Reta Allen, Jay Davis, Ortie Messenger, Bud Naish, and Steve Wright. Reverend Don Yeager gave the invocation. 10 CONSENT AGENDA 1) Minutes of November 10 and November 17, 1992 2) Resolution No. 92-15 Declaring National Drunk and Drugged Driving Month 15 Mayor Akin read the resolution aloud and Naish made a motion to approve the Consent Agenda. Davis seconded the motion. The motion was voted on and passed unanimously. PRESENTATIONS 20 Mayor Akin gave appreciation awards to: 1) graduates of the first Wylie Citizens Police Academy 25 2) donors to the Meals on Wheels Program 3) participants in the Adopt-a-Flower Bed Program 4) donors to the soccer and football fields at Community Park 30 5) organizations who planted trees at Community Park Mayor Akin then presented Officer Johnny Allison with a plaque in appreciation for the lifesaving action he took when he responded to a choking infant. Chief of Police Harvey 35 Hightower presented Allison with a lifesaving bar. Melissa Hawkins and her infant, David Kirby, were also present to thank Allison. APPROVAL OF CONTRACT RENEWAL FOR HEALTH\DENTAL CARE SERVICES 40 City Manager Steve Norwood recommended that the City Council extend the health/dental care contract with Cigna for an additional year. He explained that the health plan had increased 23 percent and the dental plan rate (combined employee and dependents) increased 4.6 percent. Naish made a motion to extend the Cigna contract. Wright seconded the motion. The motion was voted on and passed unanimously. 2 45 CONTRACT FOR AMBULANCE SERVICE Norwood outlined the proposals received from Rural Metro, A-1 Ambulance and Central Ambulance. Norwood explained that previous areas of concern mentioned by Council had included: 50 1) workers compensation provisions 2) accident coverage and liability 3) ability for contractor to provide its own facility 4) ability to provide back-up ambulances 55 5) renewal options 6) availability of Mobile Intensive Care Units Council reviewed the proposals from the three services including those aspects of the proposals listed in the following summary: 60 A-1 Central Rural/Metro Ambulance Ambulance BASE BID 132,252.00 152,000.00 145,000.00 FACILITY 149,052.00 159,200.00 160,000.00 65 PROVIDED BY CONTRACTOR ONE YEAR 180,000.00 NO BID 145,000.00 CONTRACT NON-EMERGENCY 200.00 165.00 150.00 70 BLS RATE EMERGENCY BLS 200.00 190.00 150.00 RATE ALS RATE 250.00 280.00 245.00 STAFF COMMENTS -Did Not Provide -Proposed MICU Level -Base Bid Would Reviewed Financial of Service Exceeds Require City to Statements Spec's. Dispatch 911 Call -Worker Comp. -Did Not Provide -Did Not Provide List Coverage Would Cost Reviewed Financial Charges for $42,000 More Statements Supplies/Med's -Charges for Use of -Worker's Comp. -Back-up Ambulance Certain Non-Disposable Coverage would cost May Not be Close Items Not Charged by $80,000 Morc Enough to Wylie Other Providers -Proposed Renewal Option Does Not Meet City Spec. 3 75 Darrell Quigly, Central Ambulance, addressed several service issues of the Council. He explained that although only one ambulance would be stationed in the City, the Central dispatch system would move a secondary ambulance within quick response distance whenever the stationed ambulance was on a call. He stated that Central was willing to provide its own facility with room house one piece of fire equipment. He stated that the ambulances were 80 Mobile Intensive Care Units (MICU) and that the rates were not subject to change. Tommy Craven, A-1 Ambulance, stated that A-1's past service in Wylie had been quite satisfactory and that he was willing to look at other locations for housing the ambulances. He stated that A-1 would have a back-up unit in town at all times and that A-1 85 would be upgrading to MICU's in October. He stated that A-i had three stations: Wylie, Princeton, & Farmersville, that A-i averaged 60 percent non-emergency transports and 40 percent emergency transports. Daniel Kaufman and Richard Jackson with Rural/Metro were present to answer 90 questions but had no specific comments to make regarding the Rural/Metro proposal. After in-depth Council discussion, Swartz made a motion to award the ambulance contract to Central Ambulance with the condition that Central provide its own housing, that such housing be constructed to provide room for the storage of one fire truck, and that an 95 EMS Advisory Committee be created. Allen seconded the motion. The motion was voted on and passed with all in favor except Davis who was opposed. ORDINANCE 92-14 AMENDING THE WYLIE CODE OF ORDINANCES REGARDING RUBBISH, HIGH WEEDS AND BRUSH AND GRASS REGULATIONS 100 Norwood explained that the ordinance would give the City more enforcement authority. Code Enforcement officer Lynn Sharpe explained that City mowing was sometimes more convenient and less expensive for a citizen than doing a clean-up himself. She stated that the proposed ordinance would stiffen fines and clearly define violations,thus 105 aiding enforcement. The Mayor read the ordinance caption. Naish made a motion to approve the ordinance. Allen seconded the motion. The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SEC. 2.00 TALL 110 WEEDS, BRUSH, AND GRASS OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY;DECLARING WEEDS, RUBBISH, BRUSH AND OTHER OBJECTIONABLE, UNSIGHTLY OR UNSANITARY MATTER A NUISANCE AND SETTING FORTH REGULATIONS REQUIRING THE OWNER OR OCCUPANT TO KEEP PROPERTY FREE OF SUCH NUISANCE;PROVIDING FOR ABATEMENT OF SUCH NUISANCE BY 115 THE CITY AND RECOVERY OF COSTS AND EXPENSES OF SUCH ABATEMENT, INCLUDING PROVISIONS FOR IMPOSITION OF A LIEN; PROVIDING FOR AN ADMINISTRATIVE FEE BEING THE COST OF ADMINISTRATION OF THE PROVISIONS OF SECTION 6-2;PROVIDING A REPEALER CLAUSE,A SEVERABILITY CLAUSE,A SAVING CLAUSE, A PENALTY CLAUSE AND AN EFFECTIVE DATE. 120 4 PAYMENT NO. 8 TO RANDALL & BLAKE, INC. FOR WORK RELATED TO THE WYLIE LANDFILL CLOSURE City Engineer Paul Beaver explained that the City was holding five percent of the 125 total contract fee until the remaining 20 percent of the bermuda grass was completed in the Spring of 1993. He explained that Randall & Blake were requesting the City reduce this retainage to one percent and pay $9,474.42 of the $11,843.02 still owed. Beaver recommended that the City not make payment until the project was complete in the Spring. Swartz made a motion to deny payment and retain five percent until completion of the 130 project. Wright seconded the motion. The motion was voted on and passed unanimously. SETTLEMENT AGREEMENT WITH WYLIE NORTHEAST WATER SUPPLY CORPORATION 135 Wendy Corrigan, legal counsel representing Wylie Northeast Water Supply Corporation and Texas Rural Water Association, presented a settlement proposal whereby the City of Wylie would pay WNE $126,582.27 for lost water sales, depreciation, and cost of connecting to the Wylie Northeast system on properties the City currently served with water in the Wylie Northeast service area. These properties included the Army National 140 Guard area and two homes in the Newport Harbor Subdivision. The City Council was non-receptive to the proposal and Corrigan, along with John Fitzpatrick, General Manager of WNE, proposed a settlement halfway between the $126,582.27 proposed by WNE and $33,866.15 which was a sum recommended by the Texas 145 Water Commission in addition to the return of the properties to the WNE service area. Swartz made a motion to reject the proposed offer. Allen seconded the motion. Council discussed the infrastructure improvements installed at the City's expense to serve 88 homes within the Newport Harbor Subdivision that would be used by WNE if the 150 subdivision were released to the WNE service area. After much discussion, the motion was voted on and passed unanimously. Council agreed to complete other business on the agenda and discuss a counter-proposal in Executive Session. CITIZEN PARTICIPATION 155 Kevin Kerr, 712 Westwind, addressed the Council regarding a traffic problem on Stoneybrook Lane. Kerr stated that parked cars along Stoneybrook slowed passage, were accidents targets, and were obstructed the view of children crossing the street. Kerr requested Council to consider establishing a"no-parking"zone on or both sides of the street 160 on a future agenda. Greg Gells, a Newport Harbor resident, asked Council for a status report on meter tests for air registration in the Newport Harbor Subdivision. City Engineer Paul Beaver stated that tests were inclusive. Gells stated that his bill read 16,000 gallons of water when 5 165 the highest he had received in the past was 12,000 gallons. Finance Director Brady Snellgrove agreed to consider an adjustment and Beaver stated that the meter would be replaced. EXECUTIVE SESSION 170 Council adjourned into Executive Session under Article 6252-17 V.A.C.S. at 9:40 p.m. to discuss Litigation: James Johnson vs. City of Wylie, Don White vs. City of Wylie, and Wylie Northeast Water Supply Corporation Settlement Proposal. 175 ACTION RESULTING FROM EXECUTIVE SESSION RELATED TO JAMES JOHNSON AND DON WHITE Upon Council convening into regular session at 10:45 p.m., Messenger made a motion to instruct the City Attorney to continue negotiations with both James Johnson and Don 180 White. Naish seconded the motion. The motion was voted on and passed unanimously. ACTION REGARDING WYLIE NORTHEAST WATER SUPPLY CORPORATION Swartz made a motion to make the following settlement proposal: The City of Wylie 185 would give Newport Harbor Phase One to WNE for service, keep the Army National Guard area under City of Wylie service, receive $50,000 from WNE for infrastructure cost reimbursement, and the WNE/City service boundary line would be moved south of Phase One. Davis seconded the motion. The motion was voted on and passed unanimously. 190 Fitzpatrick declined to accept the City offer and made the following proposal: WNE would serve Newport Harbor Phase One, the City would retain the Army National Guard service area, the boundary line would be moved south of Newport Harbor Phase One, the City would swap residents'water deposits for the $60.00 WNE membership fee, and the City would pay WNE $24,000 in professional fees. 195 Wright made a motion to reject the proposal. Swartz seconded the motion. The motion was voted on and passed unanimously. Fitzpatrick suggested the following proposal: The City of Wylie would keep all of 200 Newport Harbor, the Army National Guard service area, would move boundary lines to coincide with City limit lines, and the City would pay WNE $30,000 and then $6,000 each year for five years with no interest. Swartz made a motion to reject the proposal and offer $25,000 plus $5000 per year 205 for five years at no interest. Wright seconded the motion. The motion was voted on and passed unanimously. 6 Corrigan and Fitzpatrick made the following proposal: $50,000 immediately or $55,000 over a period of time, the City would retain Newport Harbor and the Armory, 210 boundary lines would be moved to coincide with City limit lines, and the City and WNE would each pay own attorney fees. As the Council and WNE were in agreement, Messenger made a motion to instruct the City Manager to execute a contract representative of the following: the City of Wylie 215 would retain service rights to all of Newport Harbor and the Army National Guard "Armory" area, WNE service boundary lines would be moved to coincide with City limit lines, and the City would pay WNE $25,000 by January 31, 1993, and $6,000 per year for the next five years to compensate WNE for lost revenues as a result of transferring potential customers. Swartz seconded the motion. The motion was voted on and passed unanimously. 220 ADJOURNMENT As there was no further business to come before the City Council for consideration, the meeting adjourned at 11:58 p.m. 225 APPROVED 230 A EEST 7 MINUTES OF THE WYLIE CITY COUNCIL December 8, 1992 PRE-MEETING WORKSESSION 5 CALL TO ORDER Mayor John W. Akin called the meeting to order at 6:00 p.m. with the following councilmembers present: Jim Swartz, Ortie Messenger, Bud Naish, and Reta Allen. 10 WORKSESSION DISCUSSION City Manager Steve Norwood reviewed agenda items with Council members, explained staff recommendations outlined in the agenda notes for the regular meeting and answered questions of Council regarding the recommendation for the City's health insurance 15 contract, the ambulance service proposals received, and a recommended change in the Code of Ordinances regarding mowing. No Council action was taken on the items discussed. ADJOURNMENT 20 Council adjourned from the Worksession at 6:45 p.m. APPROVED 25 A'I `EST 1 MINUTES OF THE WYLIE CITY COUNCIL JANUARY 12 1993 CALL TO ORDER 5 Mayor John Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Reta Allen, Jay Davis, Ortie Messenger, Steve Wright and Bud Naish. CONSENT AGENDA 10 1) the Minutes of December 8, 1992 2) Resolution No. 93-1 Authorizing Execution of Applications for Regular Tax Exempt License Plates 15 3. Ordinance No. 93-1 Ratifying the January 20, 1990 Election and Imposing Sales Tax for Economic Development AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DECLARING 20 RESULTS OF ELECTION HELD JANUARY 20, 1990 FOR IMPOSITION OF ONE-HALF CENT SALES TAX FOR ECONOMIC DEVELOPMENT AND IMPOSING SUCH SALES TAX AS OF JULY 1, 1990, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 25 Mayor Akin read the ordinance aloud. Naish made a motion to table item a) and approve the remainder of the Consent Agenda. Allen seconded the motion. The motion was voted on and passed unanimously. 30 APPOINTMENT WITH KEVIN KERR REGARDING "NO-PARKING" REQUEST ON STONEYBROOK LANE Kevin Kerr presented the Council with a petition containing 63 names of residents in the subdivision surrounding Stoneybrook Lane. Kerr requested Council to provide for 35 "no-parking" on one or both sides of Stoneybrook in an attempt to protect pedestrians and prevent side-swipe accidents. Council confirmed with Fire Chief Jim Lynch that emergency equipment had not experienced problems passing through the street. 40 Sarah Banady,408 Stoneybrook,stated opposition to"no-parking"because emergency equipment was able to get down the street and if the parking were removed, speed would increase. 45 Robert Cobran stated that if parking were removed, there would be nowhere for 1 teenage drivers and guests to park. She stated that parking on one side would cause the opposite side additional problems with blocked mailboxes and that enforcement would take too much police officer time. 50 Glenda Arc, 403 Stoneybrook, said that speed was the problem, not the parking of vehicles. Council instructed staff to count cars at peak hours on Stoneybrook, investigate the numbers of accidents taking place on the street, and return to Council with a report at the 55 next meeting. REQUEST FROM ROBERT FUSTON AND JOHN WILLINGHAM FOR WAIVER OF IMPACT FEES ON TWO FOURPLEX STRUCTURES 60 John Willingham, 10109 Brentridge Court in Dallas, told Council that he had been mis-informed regarding the estimated impact fees for a residential structure. He requested that Council waive the portion of his $4950 total fee that exceeds $1100 per building or $2200. 65 City Engineer Paul Beaver explained that the complainants had asked a generic question regarding impact fees and had been told $1100 per single family structure. He explained that fourplexes were classified as high density. Council instructed the City Attorney to 1) investigate the possibility of classifying the 70 structure as low density and 2) determine the Council's ability to grant a waiver 3) determine if the ordinance must be amended in order to waive fees. PRESENTATION FROM JOANNE HOLTZCLAW FROM TCI CABLE 75 Ms. Holtzclaw stated that TCI was making a moderate rate increase in order to provide increased service to its customers. Holtzclaw answered questions of Council regarding poor reception in certain areas, limited channel access, and higher rates with less channels than a neighboring city. Holtzclaw explained that in order to provide 60 channels, TCI would be required to change the electronics on every service pole and cable box in the 80 City. Council requested Holtzclaw to return at a later date with responses to Council's concerns. AWARD OF CONTRACT FOR PURCHASE OF POLICE VEHICLES 85 Swartz made a motion to accept the staff recommendation and award the purchase to the State of Texas General Services Commission cooperative purchasing program who would purchase vehicles from Interstate Ford of Spring, Texas at a cost of$12,562 for each Ford Crown Victoria. Messenger seconded the motion. The motion was voted on and passed unanimously. 2 90 FINAL PLAT FOR LOTS 3R, BLOCK A, AND LOTS 2 & 3 BLOCK A, EASTRIDGE ADDITION Mike Schmidt,Building Official,explained that no changes had been made in the plat since its preliminary approval and that the plat combined two small lots into one larger one. 95 Naish made a motion to approve the plat. Swartz seconded the motion. The motion was voted on and passed unanimously. CHANGE ORDER NO. 1 FOR RUSTIC OAKS DRAINAGE DITCH IMPROVEMENTS 100 City Engineer Paul Beaver explained that the change order in the amount of $6,240.34 would adjust for final quantities including fencing repairs, rip-rap erosion control, and soil. Messenger made a motion to approve the change order and the revised contract amount of $58,082.34. Allen seconded the motion. The motion was voted on and passed unanimously. 105 PAYMENT NO.3 TO JESKE CONSTRUCTION FOR RUSTIC OAKS DRAINAGE DITCH IMPROVEMENTS Upon motion made by Messenger and seconded by Allen, the $10,127.98 payment 110 was approved. PAYMENT NO I TO JRJ PAVING, INC. FOR BIRMINGHAM STREET PAVING AND DRAINAGE IMPROVEMENTS 115 Upon Motion by Messenger and second by Swartz, the $38,862.40 payment representing 70 percent of the $55,500 contract was approved. REQUEST FOR CITY OF SACHSE TO ANNEX TERRITORY LOCATED WITHIN THE CITY OF WYLIE EXTRA-TERRITORIAL JURISDICTION 120 Brady Snellgrove, Acting City Manager in the temporary absence of Steve Norwood, explained that the City of Sachse proposed to annex Elm Grove Road from Pleasant Valley to the Garland power transmission line easement and Pleasant Valley from Muddy Creek to Elm Grove. He explained that Sachse could to enter into a joint road maintenance 125 agreement with Dallas County if both roads were completely within the Sachse City limits. Naish made a motion to approve the request. Swartz seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS 130 Snellgrove reported that the fund balance in the general fund was estimated at $376,000 which was a substantial improvement over the ending balance in 1991 of$189,000. He stated that the audit would be complete in February. City Engineer Paul Beaver stated 3 that Birmingham would be complete when weather permitted and that the landfill 135 monitoring was complete. CITIZEN PARTICIPATION Charles Lewis, 119 Rustic Trail, stated that a vacant field behind his residence had 140 filled with water,was breeding mosquitoes and posed a drowning threat to children as it was four and 1/2 feet deep at its deepest point. He asked the Council to determine if the City had any ability to fill or repair the ditch. EXECUTIVE SESSION 145 Council adjourned into Executive Session at 8:50 p.m.under Article 6252-17 V.A.C.S. to discuss Land Acquisition regarding real estate for economic purposes. ADJOURNMENT 150 Upon reconvening into regular session and as there was no further business to come before the Council for consideration, the meeting adjourned. 155 APPROVED ATTEST 4 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Mary Nichols DIRECTOR: City Secretary DATE REFERENCE NO. SUBJECT 1/22/93 2 Resolution Approving Sachse Annexation Request SUMMARY OF SUBJECT: At the last Council meeting, Council approved a request from the City of Sachse for approval of annexation of territory within the City of Wylie' s Extra Territorial Jurisdiction. Although Council has already approved the request, staff is recommending that Council approve a resolution to help track Council ' s action in the future. The City of Sachse has also indicated that they would be agreeable to approval by resolution. ALTERNATIVES: Approve the Resolution Deny the Resolution Approve the Resolution with Changes ACTION REQUESTED: Staff recommends approval of the resolution. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 • S CAPITAL 0 RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS:BACKGROUND MEMO j MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP. PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL R V EWED BY: CITY MANAGER7 DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE• DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING A REQUEST FROM THE CITY OF SACHSE TO ALLOW ANNEXATION OF TERRITORY LOCATED WITHIN THE WYLIE EXTRA TERRITORIAL JURISDICTION AND DESCRIBED HEREIN WHEREAS, The City of Wylie has received a request from the City of Sachse for approval of annexation of territory within the City of Wylie ETJ, and WHEREAS, Property proposed for annexation includes Elm Grove Road from Pleasant Valley to the Garland power transmission line easement and Pleasant Valley from Muddy Creek to Elm Grove Road, and WHEREAS, the City Council of the City of Wylie finds that said annexation is advantageous for the City of Sachse, whereby Dallas County will assist in the maintenance of said roads if they are wholly located within the City of Sachse, 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 the request from the City of Sachse to annex those territories described herein and attached hereto as Exhibit "A" and Exhibit "B" and shown on the map, Exhibit "C", attached hereto. SECTION 2. That said Exhibits are hereby incorporated as a part of this resolution. DULY PASSED AND APPROVED this the 26th day of January, 1993. APPROVED A'1"1'hST EXHIBIT "A"• PROPERTY J. BEING a tract of land situated partly in the F.T. Gaines Survey, Abstract No. 497, .and the H. Masters Survey, Abstract No. 858, Dallas County, Texas, and being more particularly described as follows: BEGINNING at the intersection of the centerline of Pleasant Valley . Road (80 ft. R.O.W.) and the centerline of Elm Grove Road (60 ft. R.O.W.) , said point being North 09 deg. 38 min. 35 sec. West, 58.96 feet from the northeast corner of a tract of land conveyed to Max Sheid, Trustee by Deed recorded in Volume 72006, Page 1283 of the Deed Records of Dallas County, Texas; THENCE South 40 deg. 13 min. 45 sec. East, along the centerline of Elm Grove Road, a distance of 452.83 feet to the beginning of a curve to the left having a central angle of 49 deg. 46 min, and 15 sec. , and a radius of 371.95 feet; THENCE along said curve to the left, an arc distance of 323.10 feet; THENCE South 89 deg. 53 sin. 00 sec. East, a distance of 91.23 feet to a point for corner, said point being the beginning of a curve to the right having a central angle of 45 deg. 30 min. 00 sec. and a radius of 382.00 feet, and chord bearing South 67 deg. 08 m,in. 00 sec. East, a distance of 295.44 feet; THENCE along said curve to the right, an arc distance of 303.36 feet; THENCE South 44 deg. 23 min. 00 sec. East, a distance of 461.30 feet to the beginning of a curve to the left having a central angle of 30 deg. 28 min. 19 sec., and -a radius of 716.30 feet, and chord bearing South 57 deg. 17 sin. 54 sec. East, a distance of 376.48 feet; THENCE along said curve to the left, an arc distance of 380.95 feet; THENCE South 69 deg. 49 min. 30 sec. East, a distance of 183.00 feet to the beginning of a curve to the left having a central angle of 34 deg. 49 min. 00 sec. , and a radius of 573.00 feet, and chord bearing South 87 deg. 14 min. 00 sec. East, a distance of 342.86 feet; THENCE along said curve to the left, an arc distance of 348.19 feet to a point for corner; THENCE South 76 deg. 10 min. 18 sec. East, a distance of 470.26 feet to the beginning of a curve to the right having a central angle of 56 deg. 01•min. 57 sec. and a radius of 414.00 feet, and , South 79 deg. 57 din. 58 sec. East, a distance of 388.93 feet; THENCE -along said Curve to the right, an arc distance of 404.87 feet tea point for corner; THENCE South 45 deg. 23 'fin. 27 s.c• East, a distance of 628.19 feet to a point for corner; THENCE South 45 deg. 27 sin. 30000. East, a distance of 1,682.98 feet to a point in the north Right-of-Way line of a 100 foot Garland Power and Light easement, same being the existing City Limits of the City of Garland, Texas; THENCE South 43 deg. 51 min. 30 sec. West, a distance of 30.0o feet and leaving the centerline of Elm Grove Road, along the north Right-of-Way line of said Garland Power and Light easement, same being the existing City Limits of the City of Garland, Texas, to a point for corner, located on the existing City Limits of the City of Sachse, Texas; asxoivers '.Noumon EXHIBIT "B" lC THENCE North 45 deg. 27 min. 30 sec. West, a distance of 1,682.98 feet along the existing City Limits of Sachse, Texas to a point for corner; THENCE North 45 deg. 33 min. 27 sec. West, a distance of 626.19 feet to a point for corner and same being the beginning of a curve to the left having a central angle of 56 deg. 01 min. 57 sec. , a radius of 384.00 feet, and chord bearing of North 79 deg. 57 min. 58 sec. West, a distance of 360.75 feet; THENCE along said curve to the left an arc distance of 375.53 feet to a point for corner; THENCE North 76 deg. 10 sin. 18 sec. West, a distance of 470.26 feet to a point for corner and same being the beginning of a curve to the right having a central angle of 34 deg. 49 min. 00 sec., a radius of 603.00 feet, and chord bearing North 87 deg. 14 sin. 00 sec. West, a distance of 360.81 feet; THENCE along said curve to the left an arc distance of 366.42 feet to a point for corner.; THENCE North 69 deg. 49 min. 30 sec. West, a distance of 183.00 feet to a point for corner and same being the beginning of a curve to the right having a central angle of 30 deg. 28 sin. 19 sec., a radius of 746.30 feet, and chord bearing North 57 deg. 17 min. 54 sec. West, a distance of 392.25 feet; THENCE along said curve to the left an arc distance of 369.01 feet to a point for corner; THENCE North 44 deg. 23 min. 00 sec. West, a distance of 461.30 feet to a point for corner, and same being the beginning of a curve to the right, having a central angle of 45 radius of 352.00, and chord bearing North 67 d 30 min. 00 sec., .a • West, -a distance of 272.24 feet; • 08 00 sec. THENCE along said curve to the left an arc distance of 279.53 feet to a point for corner; THENCE North 89 deg. 53 min. 00 sec. West, a distance of 91.23 feet to a point for corner, and same being the beiginning of a curve to the right, having a central angle of 49 deg. 46 sin. 15 sec., and a radius of 401.95 feet; THENCE along said curve to the right an arc distance of 384.34 feet to a point for corner; THENCE North 40 deg. 13 min. 45 sec. West along the southwest Right-of-Way line. of Eta Grove Road, .a distance of 402.07 test to the point of intersection between Elm Grove Road Right-of-Way and Pleasant Valley Road;. THENCE South 33 deg. •04 min. 45 sec. West, a distance of 675.93 feet, to a point for corner; THENCE South 45 deg. 13 min. 00 sec. West, along the Right-of-Way of Pleasant Valley Road, a distance of 614.90 feet to .a point for corner; THENCE North 42 deg. 23 spin. 00 sec. West, 40.00 feet to a point for corner on the centerline of Pleasant Valley Road; THENCE North 45 deg. 37 ain. 00 sec. East along' the centerline of Pleasant Valley Road a distance of 614.90 feet to a point for corner; THENCE North 33 deg. 04 min. 45 sec. East, a distance of 675.93 feet to the PLACE OF BEGINNING and containing 5.106 acres of land, more or less. isxusx!LMov.Noussxi PLACE OF EXHIBIT "C" BEGINNING E PLEASANT VALLEY ROAD c -1 + o tx 315.79 ACRES W ANNEXATION ORD. 855o JAN. 8, 1990 S CITY OF SACHSE, TEXAS . co.' 1 1 1 z 07Y OF SACHSE LIMITS GARLAND LANDFILL ! 1 ORD. (855) �c n c' o a a Z co CITY OF SACHSE UMITS--N ORD. (855) \ 'N.N.\._ -- 100' G.P. &.. CO. EASEMENT City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DIRECTOR: STEVEN P. DEITER DATE REFERENCE NO. SUBJECT 1-22-93 3 ADOPTION OF ORDINANCE ENACTING 1991 UBC SUMMARY OF SUBJECT: MIKE SCHMIDT OF CODE ENFORCEMENT HAS REQUESTED ENACTMENT OF 1991 VERSION OF THE UNIFORM BUILDING CODE . THE ATTACHED ORDINANCE ADOPTS THE CODE AS RECOMMENDED. ALTERNATIVES: A) PASS ORDINANCE AS PRESENTED B) PASS ORDINANCE WITH CHANGES AS DEEMED APPROPRIATE BY COUNCIL C) TAKE NO ACTION REGARDING UPDATE OF UNIFORM BUILDING CODE ACTION REQUESTED: ALTERNATIVE .A - PASSAGE OF ORDINANCE ADOPTING THE 1991 VERSJON OF THE UNIFORM BUILDING CODE J r p i REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. )( ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: _ _ CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF , CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBUC •BUILDING OFFICIAL WORKS 1 APPROVED FOR SUBMISSION TO CITY COUNCIL CITY ANAGER ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1991 EDITION OF THE UNIFORM BUILDING CODE AND THE 1991 EDITION OF THE UNIFORM BUILDING CODE STANDARDS REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS OR STRUCTURES IN THE CITY OF WYLIE; PROVIDING FOR ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF, REPEALING CONFLICTING PORTIONS OF ORDINANCE 88-28 AND ALL OTHER CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has adopted , with certain limited modifications the 1988 edition of the Uniform Building Code, as the same, including modifications currently appears in 2.00 of Chapter 3, of the Wylie City Code; and, WHEREAS, and updated version, known as the 1991 edition of the Uniform Building code has been promulgated for use by municipalities and other entities; and, WHEREAS, the building official for the City has reviewed the 1991 edition of the UBC and recommends adoption of the same, in toto, with amendment or modification, by the City of Wylie; and, WHEREAS, the City Council has determined in its legislative capacity that adoption of such code furthers the best interest of the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 2.01 of Chapter 3 of the Wylie City Code, be deleted in its entirety and the following provision inserted therefore: "That certain documents, one of which are on file in the office of the City Secretary and open for inspection, being marked and designated as: `Uniform Building Code', 1991 Edition, published by the International Conference of Building Officials. `Uniform Building Code Standards', 1991 Edition,published by the International Conference of Building Officials. be and the same are hereby adopted as the code of the City of Wylie for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City of Wylie, providing for issuance of permits and collection of fees therefor; and all of the regulations, provisions, conditions and terms of such Uniform Building Code, 1991 Edition, and Uniform Building Code Standards, 1991 Edition, published by the International Conference of Building Officials, and applicable secondary publications above, all of which are on file in the office of the City Secretary of the City of Wylie are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION II That penalties for violations of this ordinance shall be determined by the General Penalty for Violation of Code, as the same now exists or is hereafter amended, in section 1.06 of Chapter 1 of the Wylie City Code. SECTION III That Sections 2.02 through 2.09 (inclusive) of Chapter 3 of the Wylie City Code (being the codified version of Ordinance 88-28) are hereby repealed, as is Ordinance 88-28. SECTION IV 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 V 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. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of 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 day of , 1992. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION SUBMITTED BY: I F( A1 DIRECTOR: STFVFN P . DFITFR DATE REFERENCE NO. SUBJECT i 1-22-93 ADOPTION OF ORDINANCE ENACTIN ! 992 UEC SUMMARY OF SUBJECT: MIKE SCHMIDT OF COSE ENFORCEMENT HAS REQUESTED ENACTMENT OF THE 1992 VERSION OF THE UNIFROM ELECTRICAL CODE . THE ATTACHED ORDINANCE ADOPTS THE CODE AS RECOMMENDED ALTERNATIVES: A) PASS ORDINANCE AS PRESENTED B) PASS ORDINANCE WITH CHANGES AS DEEMED APPROPRIATE BY COUNCIL C) TAKE NO ACTION REGARDING UPDATE OF UNIFORM ELECTRICAL CODE ACTION REQUESTED: ALTERNATIVE A --PASSAGE OF ORDINANCE ADOPTING THE 1992 VERSION OF THE UN-IFORM ELECTRICAL CODE - r s • REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. )( ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS r APPROVED FOR SUBMISSION TO CITY COUNCIL -iftre . j C-=' IA E_ ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE, AMENDING SECTIONS 4.01 THROUGH 4.55, INCLUSIVE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has heretofore adopted, by Ordinance 88-28, and has in force the 1987 edition of the National Electric Code, as now existing in Section 4 of Chapter 3 of the Wylie City Code; and, WHEREAS, an updated 1990 edition of the National Electrical Code has been promulgated and is available for use by municipalities and other entities; and, WHEREAS, the building official for the City has reviewed the 1990 edition of the said National Electrical Code, and recommends adoption of the same, with certain amendments or modifications; and, WHEREAS, in conjunction with the adoption of said code the building official has further recommended that certain other changes to Section 4 of Chapter 3 of the Wylie City Code be made; and, WHEREAS, the City Council has determined, in its legislative capacity, that adoption of such code and changes to the Wylie City Code both further the best interests of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Sections 4.01 through Section 4.55, inclusive, of Chapter 3 of the Wylie City Code be, and they hereby are, deleted in their entirety, and the following sections be, and they hereby are, substituted therefore: "4.01 The National Electrical Code, 1990 Edition, one copy of which being on file in the City Secretary's office, for reference, is adopted as part of the City Electrical Code, and the same is incorporated herein by reference, the same as if it was fully copied herein, except and to the extent the provisions thereof conflict with other provisions of this section, and except the following section of said Code which are modified as follows: Article 110-5 Conductors amended to read: " Conductiors used to carry current shall be of copper." Article 230 - 40(b) Amended to read: " Auxiliary gutters are permitted in conjunction with distribution cans. tops and splices are prohibited in the auxiliary gutters." Article 305-6 Amended to read: " Reserved" Article 310 - 2(b) Amended to Read: "Conductor material. Conductiors in this article shall be copper." Article 334 - 20 Amended to read : "Conductors. Conductors shall be copper. The minimum conductor size shall be No. 18 copper." Article 440 1 11 Amended to read: "The provisions of Part B are intended to require disconnection means capable of disconnection air conditioning and refrigerating equipment including motor- compressors, and controllers, from the circuit feeder. See Diagram 430-1. Air conditioning condensing units final connection shall be made with liquid tight flexible conduit. 4. 02 Restriction on Building Inspection Employees An employee of the Building Inspection division shall not be financially interested in the furnishing of labor, material , or equipment for the installation, alteration, or maintenance of electrical wiring, fixtures, or equipment or in the making of plans or specifications thereof, unless he or she is the owner of the property on which the installation exists or is planned to take place. 4. 03 Applications for Electrical License (a) The Board shall authorize a written licensing examination for the purpose of testing qualified applicants upon their knowledge of the electrical code. A grade of not less than 70% shall be considered as passing on the exam. (b) Inter-city Licensing Agreements. The Board shall be authorized to enter into agreements of licensing reciprocity with other cities. The terms and conditions of this agreement, as specified by Section 4. 03 (j ) , may exempt currently licensed electrical personnel , licensed by participating cities, from taking an examination. (c) Issuance of License. A license of proper classification as required by this chapter, may be issued by the secretary of the Board upon the applicants successful fulfillment of all requirements of this chapter governing qualifications, examinations, and fee payments along with the approval of the Board. (d) License Suspension and Revocation. (A) The Board shall have the authority to suspend or revoke any license or registration upon conviction of the holder for any of the following: (i) The practice of fraud or deceit in obtaining a license, contractors registration, or electrical permit; or (2) Any negligence, incompetence, or misconduct in the performance of electrical work within the City; or (3) A continuing violation of any provision of this chapter. (B) Before a license or registration may be suspended or revoked, the Board, acting upon a signed affidavit, shall investigate the charges, causing notice of the charges and the date set for hearing to be set, by registered mail to the licensee or registration holder at least 15 days prior to the date set for the hearing. If the Board finds the charges to be true, or if the licensee or registration holder pleads guilty, the Board may order the license or registration suspended or revoked. The suspension or revocation of a license or registration shall not relieve any person from complying with this chapter, nor from any other penalties prescribed by this chapter or by law. (e) License and Contractor Registration. (A) No person, firm or corporation shall engage in the business of electrical construction, or install , augment, alter or maintain any electrical equipment or system within the City without first obtaining a current license and contractor registration as required by this chapter. (B) Any person, firm or corporation performing any electrical work within the City without possessing a current license and registration shall be subject to an investigation fee for both license and registration. The investigation fee will be assessed at the same rate and in addition to the license or registration fee. The payment of investigation fees shall not relieve any person from complying with this chapter, nor from any other penalties prescribed by this chapter or by law. (f ) Application. An application for a license required by this chapter shall be filed with the secretary of the Board no later than the last working day of the month before the next scheduled examination. Such applications shall be on forms prepared and furnished by the City. Each applicant shall state in writing and under oath the information required, in order that the Building Official may determine if he has the qualifications prescribed by this chapter. ( g) Prerequisites of Specific Applicants. (A) Electrical Contractor. An electrical contractor' s registration, enabling the holder to secure permits for and engage in the business of installing, augmenting, altering or maintaining electrical equipment and systems, shall not be valid unless : (1 ) The business is qualified by a master electrician, licensed under provisions of this chapter ; a. is an owner or full -time employee of the business; and b. actively supervises the daily operation of the business ; and c. is not engaged in or employed by any other electrical business at the same time that the electrical contracting business is performing electrical work within the City. Exception: (2) A master electrician shall not qualify more than one electrical contracting business at one time. (3) The electrical contractor and master electrician qualifying the business shall be jointly responsible for the following: a. Obtaining and paying for permits ; and b. Having a licensed electrician, licensed under the provisions of this chapter, on each job, supervising the work undertaken by the electrical contracting company; and c. Correcting any deficiencies, errors, or defects in any installation within this jurisdiction. (B) Master Electrician Qualifications. Each applicant for a masters license shall have an active journeyman' s license for one (1 ) year. (C) Journeyman Electrician Qualifications. An applicant for a journeyman electrician' s license shall have had at least four (4) years experience in electrical construction. Applicants for a license as a journeyman electrician shall file with the application affidavits from present or past employer' s showing not less than four (4) years experience in the installation, alteration or maintenance of electrical equipment. One half the time spent in attendance with a passing grade at an electrical technical school or college with courses related to the electrical trade may be considered toward satisfaction of the required four years experience. (h) Examinations Administered. All qualified applicants for electrical license shall take a written examination. the examination shall test the applicants upon matters relating to their knowledge, ability, and application of the electrical code and electrical trade. The applicant shall score not less than seventy (70) percent on the examination to pass. ( i ) Homeowners Rights. Nothing herein shall prohibit any home owner from personally installing electrical conductors or equipment within his own premises; providing that the owner applies for and secures a permit; pay required fees ; does work in accordance with this chapter ; requests inspections of his work during the process of the installation; and receives final approval of his work upon completion. ( j ) Recognition of Registrations and Licenses of Electricians From Other Cities. Any person holding a currently valid electricians license in another city may apply for and receive a similar license in the City of Wylie without taking a test provided the following conditions are complied with: (A) He shall submit evidence satisfactory to the Building Official that his license was issued under conditions not less restrictive than required by this chapter for such a license and that an electrician holding a license issued by the City of Wylie would be permitted to apply for and receive a similar license in such other city under reciprocal conditions. (B) He shall pay the proper fee required and comply with all other provisions of this chapter. (k) Not Transferable. No license or registration shall be transferable. ( I ) Expiration and Renewal . (A) All licenses issued shall expire at 12:00 midnight, December thirty-first of each year, and shall be renewed on or before such date by payment of the prescribed fee. (B) Any license which has expired for more than sixty (60) days shall be considered as that of a new applicant and the applicant shall have to comply with all provisions of this chapter applicable to the issuance of a new license. SECTION II That unless otherwise specifically stated the penalties for violations of this ordinance shall be determined by the General Penalty for Violation of Code, as the same now exists or is hereafter amended, in Section 1.06 of Chapter 1 of the Wylie City Code. SECTION III That any portions of Ordinance 88-28 pertaining to the provisions hereof, is hereby repealed, if not heretofore repealed and Ordinance 85-7 is repealed in its entirety. SECTION IV 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 V 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. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of 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 day of , 1992. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Mary Nichols DIRECTOR: City SQrretary DATE REFERENCE NO. SUBJECT 1/22/93 5 Action Regarding Stoneybrook "No-Parking" Request SUMMARY OF SUBJECT: Last week, Council received a petition from residents requesting a "no- parking" zone on one or both sides of Stoneybrook Lane. The City Manager has addressed this request in his status report. The item is on the agenda because petitioners were told at the last meeting that staff would research traffic, numbers of cars parked during certain hours and the possibility of lowering the speed prior to Council rendering a decision on the petition. ALTERNATIVES: Approve the Request for "no-parking" on one or both sides of the street Deny the Request with an Alternative: Lower the speed limit on Stoneybrook Lane Require "no-parking" during specific hours of the day Deny the Request with no Additional Action ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): • ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. BUDGET ORDINANCE/RESOLUTION OTHER WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REV WED BY: CITY MANAGER DIRECTOR OF PARKS/REC. XCITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC .BUILDING OFFICIAL WORKS APPRO OR SUBMISSION TO CITY COUNCIL MANAGER Petition `- The residents of Westwind Meadows subdivision of Wylie, Texas, hereby affix their signature to this petition, for the purpose, of asking the City Council of Wylie to provide a NO PARKING zone on . nie side of Stoneybrook Lane between Westwind Lane and South Ballard. We do this in the interest of the safety of the residents of this area. Full Name Address Phone 5;2 ,1 C-c,_ifi �.R� �11 ,_� yam: ''P-1!4 ``n L- &.=- L- 31 17�-s7tI L- 2 ?Q 7z :17 .1.-1. -1.ili ' 4'. 1 .061 L - i - e411..,,i_,-,/ci Sr- 7 a 2_'2_ ' tii C� .11Z� u: s�w1k✓r) 44z�-S 25 _itte C_G'@ - ilea_ -. tT*.i '4<gt.=_��"o per- • „....7tellei _ n1k__ .11/t .'c s '11:_1y'-c_z,-1`=..ip_Lci.t 4Y�=i'iV -- Vim-- --- ____ ___ 7 _t4c ,,,,_, __ 11, 4:4, z,/, /72 - c..W2-------- 1.4,Lic,. ..Z7P11 :2!'-qt1„. :LI riL,_,cLz4L..-/ 1,---, LT-L;--i .L.7 !fuze c-� t)vu 77 �Qow 4-A) - -3i DiZ O v x-tt�r D2...L.N L1 _1 21� �y�-.� 5 �' 7L2__ ii =?_`Ls? �L f�?jL- - ate' 'L Q- 1 n1�3 r ��'��,� ���- ,��- Nip: "'T. Z _b2 ogat., '----��..? (f �� - atkc� zf�- ,ZT it_ma y ,L �. 22 _ o .L_ 4.1,5� 16 I4 1l `lam ` ;Z $-fr 2)_e[c.,_Li.)221t -Ld-P, .2:i;.,1 gulf/. .t.r -/• ,``s: 705✓ �I d' 54a,/,,� w \'1: =.°a/ r_ _ ecfh .Qtt1ES 1LZ rI .i'anlsC 11-_ZiA--_ 4,L11/_�6ngSz k ' _ 0_ -± -D. CGQ` `�'`t'siCi`Z la Ftlat,5t°N �E A�r) C�rrca << < 44 _4 *2- ___4 O 6_ .o5,}krr. oG 32opic-xLrirs,I Ya:-.7uale 4ti Petition The residents of Westwind Meadows subdivision of Wylie, Texas, hereby affix their signature to this petition, for the purpose �'�l asking the City Council of Wylie to provide a NO PARKING zone on sidesof Stoneybrook Lane between Westwind Lane and South Ballard. We do this in the interest of the safety of the residents of this area. Full Name Address Phone 1 1,Rr;- 164tix,7&r_ (2g .5 t,&y/3iu � fit.- 1 -1._2 a7 os..v,&___iiksil__ Pire-N010_1*_.--E--- - ::::ggjEaZig _ lam, 41 - -- "' --:=11'Ey+Kt2� VC_l t 'L -1S ttlossia l 3 St c t?rs � �s.,) 1 Cto�o _6-).t. ' -.'--..ik ' - __413-__ ' <._11.. ' ' L- ._ __.2,1Z4 -_*.. ____1M, 4i277.=r -- 7 .1.....4561 ... ..y ,,, .„-___ „„cy5 f?_ — --ems- --- ____ u 4z- ' _ 1 _ Ms�L3 i �_1A3 C0LL_16) ,�. 4 __1haa. �1 row-_ J s�= _S: 1 -L. !-r S 1,,1/ 1:.fir ;211n .- L _ U _LL=LT- City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DIRECTOR: STEVEN P. DEITER DATE REFERENCE NO. SUBJECT 1-22-93 IMPOSITION OF IMPACT FEES FOR ! FOUR-PLEX ' SUMMARY OF SUBJECT: PARTIES ARE CONSTRUCTING TWO FOUR-PLEX UNITS :(\ND HAVE OUESTIONED THE CALCULATION OF APPROPRIATE AMOUNT OF IMPACT FEES TO BE IMPOSED FOR EACH UNIT . PAUL BEAVER HAD CALCULATED THE AMOUNT TO BE $4, 920 TOTAL FOR BOTH UNITS . THE COUNCIL REQUESTED :A LEGAL OPINION CONCERNING THE PROPER METHOD FOR CLLCULATION OF THE FEES . THE MATTER IS BACK ON THE AGENDA FOR THE COUNCIL TO CONSIDER AND TAKE ACTION ON THE OWNERS REQUEST FOR WAIVER OR REDUCTION OF THE CALCU- LATED IMPACT FEE ALTERNATIVES: A) DENY REQUEST FOR REDUCTION/WAIVER OF IMPACT FEES 3) GRANT REQUEST FOR REDUCTION/WAIVER OF IMPACT FEES (THIS ALTERNATIVE WOULD TECHNICALLY REQUIRE PASSAGE OF SEPARATE ORDINANCE ALL')WING THE REDUCTION) ACTION REQUESTED: ALTERNATIVE A - DENY REQUEST FOR REDUCTION OF IMPACT FEES _(SEE _ ATTACHED MEMORANDUM) - _ _ r REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL EV WED BY: - CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE KDIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED F SUBMISSION TO CITY COUNCIL D2nr- I AN C MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Imposition of Impact Fees - Four-plex Unit DATE: January 22, 1993 The above matter was before the Council at its last meeting. Robert Fuston and John Willingham, were requesting that the City reduce the assessed impact fee on the two four-plex units which they are in the process of building. Part of the basis for their request was that they were under the impression, from talking with code enforcement, that the impact fees would be $1,110 per unit. It is my understanding that no firm representations on the amount of the fees were made. Rather they were told that the fee for a single family residence was $1,100. If they were specifically told that their impact fees for the subject projects would be $1,100(and it doesn't appear they were)the council might want to consider reducing the fee to the stated level. However, even if the Council desired to do so there is some question as to the propriety of waiving or reducing impact fees. The ordinance only provides for reduction when it is in exchange for oversizing, etc. which the City requires the builder/developer to install. Therefore, as was noted by Councilman Naish at the last meeting, the Council cannot technically waive the fees, unless it adopts a separate ordinance recognizing the single situation where the waiver would apply. If the council feels strongly that some reduction should be made then it could go forward with passage of such an ordinance. I have reviewed the impact fee ordinance and the corresponding 10 year master plan which provide for the calculation of impact fees. The usual (one which applies by default) is that which applies to residences. The total fee of $1,100 consists of $600 for water and $500 for sewer. When the development is for something other than a single family residence it is calculated on the basis of$1,100 per living unit equivalent(LUE). The living unit equivalent is necessary to adjust for situations other than residences, such as commercial, apartments etc. . For example if a 500 unit high rise apartment went in and had only one water connection and one sewer connection it wouldn't be equitable to charge them 500 $1,100 impact fees. On the other hand it would be equally inequitable to charge only one $1,100 impact fee because the system has been significantly impacted. This dilemma is addressed by use of the LUE for the water system and LUE for sewer system as appearing on pages 13 and 16 of the ten year plan (copies attached). The question which was raised at the last council meeting was whether the four-plex could be classified as a "low & Med. Dens. Resid". Unfortunately the terms low and medium density and high density are not defined in the mater plan. However in the land use assumptions which was prepared in conjunction with the Master plan low and medium density is assumed to be at 4.2 units per acre or less. High density is assumed to be 18.0 units per acre. If these same assumptions are applied to a four-plex it would mean that each four-plex would be low-medium density only if it was placed on one acre tracts. The units in question here are being placed on much smaller tracts. Therefore they are by definition high density use. The chart for recognizes the similar divisions as it states that Low & Med. Dens. Resid. is by definition that which is 2.9 population equivalents per connection. In the case of a four-plex there is one connection and at least four persons. Since the four persons exceeds the 2.9 maximum it is "high Density Residential" and the impact fee was properly calculated. I would note that classification as Low & Med. Dens. Resid. could actually result in a higher impact fee of $4,400 per four-plex (one for each unit/connection). While it is note quite as clear the same principle is involved with the LUE for the water system. Overall I am of the opinion that the four-plexes in question could not properly be classified as low and medium density residential. Since it is high density residential the impact fees have been properly calculate at the $4,920 rate. Should you require further research or follow up on this issue please advise. IMPACT FEE FORMULA FOR QUADPLEX WATER: $600 NORMAL FEE X 0.40/UNIT X 4 UNITS = $960 SEWER: $500 NORMAL FEE X 0.75/UNIT X 4 UNITS = $1500 $2460/BIIILDING $2490 X TWO BUILDINGS = $4920 I C. Ten Year Master Water Plan 1. Water Consumption and Demand Water consumption was calculated for the population as it is projected to be In ten 1111 years. It was assumed that all of the approximately 865 new residential lots which have been developed but are currently unoccupied will be used In the next ten years. It was further assumed that the remaining new residential and commercial connections projected for the next ten years would be distributed uniformly throughout the undeveloped land within the service area. • For the purposes of calculating water consumption for each land use, a service unit of a living unit equivalent (LUE)' was used. In this study, a LUE is defined a unit that consumes the amount of water used by a standard low density (3.2 D.U. per acre) residential unit. Living unit equivalents for other land uses were determined from water consumption records taken from this and other similar communities and are summarized as follows: TABLE 10 LIVING UNIT EQUIVALENTS WATER SYSTEM ti a+V Peak Hour LUE 111 Land Use Water per Consumption per Low & Med. Dens. Resid. 2000 gpd/conn 1.00 per conn -� High Density Residential 800 gpd/unit 0.40 per unit Retail & Office 1750 gpd/acre 0.88 per acre Commercial 1500 gpd/acre 0.75 per acre Industrial 1750 gpd/acre 0.88 per acre Parks & Open Space 750 gpd/acre 0.40 per acre 5 Based on these LUE's, the projected peak water demand from new growth at the end of the ten year planning period is as shown in Table 11. I - 13 - 3. Wastewater Treatment Plant The City as recently completed a major expansion to the wastewater treatment plant. The plant has a nominal capacity of 2.0 M.G.D. which is more than adequate to meet today's demands. C. Ten Year Master Wastewater Plan 1. Wastewater Flows As was the case with the water system wastewater flows were calculated for the population as it is projected to be in ten years, using the same assumptions IIIregarding development as was used for the water system. Ukewise a "living unit equivalent" (LUE) was established for each land use as follows: III s ever TABLE 18 III UVING UNIT EQUIVALENTS WASTEWATER SYSTEM IIILUE Population per Land Use Eauivalentg jiLLit IIILow& Med. Dens. Resld. 2.9 /conn 1.00 per conn -' High Density Residential 2.2 /unit 0.75 per unit F Retail & Office 4.3 /acre 1.48 per acre 1111 Commercial 3.5 /acre 1.21 per acre Industrial 4.3 /acre 1.48 per acre Parks & Open Space 2.6 /acre 0.89 per acre Based on these LUE's, the projected wastewater flows from new growth at the end lilt of the ten year planning period is as shown in Table 19. 6 • -26 - • John Willingham - 10109 Brentridge Court p• G I�d-t /O6 Dallas,Texas 75243 December 18, 1992 The City of WylieJo} Michael Schmidt,BuildingOfficial Gltofr r P.O. Box 428 Wylie,Texas 75098 Dear Mr. Schmidt: This letter is to the City Council addressing the issues of the Impact fees on the 4-plexes, Lot 20 and 21,Block A,Trail Place Addition. Impact fees for the 8 units at$1,100.00 per unit, will make it too expensive to build. Robert Fuston has been coming into the City of Wylie for 3 months and has been told time and time again that Impact fees were $1,100.00 per building. Last time he was told was December 14, 1992 and he was told that Impact fee, water tap, sewer tap would run between $1,500.00 to $1,600.00 per building. Today Michael Schmidt and Paul Beaver stated he was given the wrong information and the cost is $1,100.00 per unit not per building. We would like for you to review this and consider waiving the Impact fees above $1,100.00 per building. Sincerely, John Willingham City of Wylie AGENDA COMMUNICATION SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 1/ 22/ 93 Proposed Utility Rate Increase SUMMARY OF SUBJECT: As discussed on several occasions, the City of Wylie is in desperate need of a utility rate increase. The rate increase recommended is primarily encompassing "the guaranteed income" rate quotes in our rate structure. The guaranteed rate increase consists of base rate and sewer pass thru. In order for the City to properly maintain our system, an infusion of new monies is needed. This rate increase will generate approximately $215,000 per year. This will enable the City to issue debt for new projects as well as stabilize our working capital in the utility fund. ALTERNATIVES: 1.) Increase rate as proposed. 2.) Do not increase utility rate. 3.) Other ACTION REQUESTED: Increase utility rates as proposed. r. REVENUE SOURCES: EXPENDITURE ACCOUNTS: Increased revenues to utility fund Supporting documents. Background through rate increases. information. BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING O OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: XX CITY MANAGER DIRECTOR OF PARKS/REC. XX CITY SECRETARY XX DIRECTOR OF FINANCE XX DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS r APPROVED FOR SUBMISSION TO CITY COUNCIL vie _ _ _ _ ._ __A _ AO*/ ITY MANAGER / / . AVERAGE BILL COMPARISON -8,000 GALLON CONSUMPTION RESIDENTIAL Per Month Current Proposed Dollar Rates Percent Rates Increase Increase Water Charge $21.96 $24.27 $2.31 10.52% Sewer Charge $20.15 $20.15 $0.00 0.00% Sewer Plant Pass Thru $2.31 $5.00 $2.69 116.45% $44.42 $49.42 $5.00 11.26% On an annual basis, this "average" residential utility bill for both water and sewer service would increase$60.00 under the proposed rate schedule. AVERAGE BILL COMPARISON -8,000 GALLON CONSUMPTION COMMERCIAL Per Month Current Proposed Dollar Rates Percent Rates Increase Increase Water Charge $24.27 $24.27 $0.00 0.00% Sewer Charge $15.45 $15.45 $0.00 0.00% Sewer Plant Pass Thru $_81 $7.50 $2.69 55.93% $44.53 $47.22 $2.69 6.04% On an annual basis, this "average" commercial utility bill for both water and sewer service would increase$32.28 under the proposed rate schedule. LOTUS:WSRATE7/12.30.92 1 • ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING WATER AND SEWER RATES FOR THE CITY OF WYLIE, AMENDING SECTION OF APPENDIX A OF THE WYLIE CITY CODE (THEREBY AMENDING ORDINANCE 84-12, ORDINANCE 90-18, AND ORDINANCE 91-7) REPEALING CONFLICTING PORTIONS ALL CONFLICTING ORDINANCES: CONTAINING A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Wylie City Council has examined the rates charged for water and sewer services provided by the City and determined that the current rates are not generating sufficient revenue to sustains the City's utility operations, causing the same to be operated at a loss; and, WHEREAS, the City Council has further determined that the City's untility operations should not be operated in a deficit whereby other City revenue sources are needed to supplement such operations: and, WHEREAS, the City desires to raise the charges for water and sewer services provided by the City so as to make the utility operations self sustaining and. NOW. THEREFORE. .BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows "P_ `` SECTION I That Section 1.02 of Appendix A to the Code of Ordinances of the City of Wylie. Texas, is hereby amended by delting the existing section, in its entirety and substituting the following therefore: "(a) The following monthly water rates shall apply to all RESIDENTIAL customers within the corporate limits of the City of Wylie, Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $7.84 (2) Volume charge for all consukmption exceeding 1,000 gallons (per 1,000 gallons) -1,001 to 2,000 gallons (per 1,000 gallons) $1.82 -Over 2,000 gallons (per 1,000 gallons) $2.55 (b)The following monthly water rates shall apply to all COMMERCIAL customers, other than apartments, mobile home parks and other multi-unit dwellings not individually metered) within the corporate limits of the City of Wylie, Texas: (1) Monthly minimum charge for first 1.000 gallons of metered water consumption $10.15 (2) Volume charge for all consumption exceeding 1.000 gallons (per 1.000) -1.001 to 2.000 gallons (per 1,000 gallons) . . $ 1.82 -Over 2.000 gallons (per 1,000 gallons) $ 2.55 (c) The following water rates shall apply to all APARTMENTS, MOBILE HOME PARKS. and OTHER MULTI-UNIT DWELLINGS, not individually metered, within the corporate limits of the City of Wylie, Texas: (1) Monthly minimum charge for first 1.000 gallons of metered water consumption . $ 10.15 (2) Volume charge for all comsumption exceeding 1,000 gallons (per 1,000) -1.001 to 2,000 gallons (per 1,000 gallons) $1 82 . ' -Over 2,000 gallons (per 1.000) $2 55 (3) An additional charge of $3.00 per cuucpied unit, with occupancy being determined as of the 5th day of the month preceeding the billing. (d) The monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (e) Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them shall make a deposit for bulk water service with the City of Wylie in the amount of$50.00. the cukstomer shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in 25 gallon increments at the same rates as the commercial customers. SECTION II That Section 1.03 of Appendix A to the Code of Ordinances of the City of Wylie, Texas, is hereby amended by delting the existing section in its entirity and substituting the following therefore: "(a) The following monthlyk sewage collection and treatment rates shll apply to all residential customers of the City of Wylie, Texas: (1) Monthly minimum charge (first 1,000 gallons of metered consumption) . . . $ 10.00 (2) volume charge for all consumption exceeding 1,000 gallons(per 1,000 gallons) . $ 1.45 (3) The total charge for any month shall be subject to maximum of$ 29.57. (b) The following monthly sewage collection and treatment rates shall apply for all non residential customers of the City of Wylie. Texas: (1) Monthly minimum charge (first 1,000 of metered consumption) $ 14.00 (2) Volume charge for all consumption exceeding 1.000 gallons(per 1,000 gallons) $1.45 (3) The total charge for any month shall be subject to maximum of$29.57 per month. (c) A sewer fee of$18.00 shall be charged for each apartment unit, umultiple family unit, or mobile home space and special areas such as washateria, swimming poos, etc where the arpatment. multiple family development or mobile home park is on a master meter for water consumption with the City of Wylie. (d) In addition to the charges listed above for sewage collecion and treatment service, a flat rate pass through charge shall be applied monthly to each customer account in order to recover the projected annual increase in costs related to debt service requirements for expansion of the City's wastewaster treatment plant, as follows: (1) For residential customers the fee shall be $ 2.00 for the first 1,999 gallons and $ 5.00 for all amounts there after for maximum of$ 7.00 per month. (2) For commercial customers the fee shall be $ 7.50 per month. (3) For Apartments and Mobile Home Parks, and other multi-unit dwellings the fee shall be $ 5.00 per month per occupied unit, with occupancy being determined as of the 5th of the month of the billing. (e) The monthly water and sewer rate chkarge for residential and commet icatc sti mers located outside the corporate limits of the City of Wylie. Texas shall be at the rate of %115 of the rate charged customers inside the corporate limits of the City, including sewer pass though fees. (f) All referneces to gallons and consumption in this section shall mean water usage, which shall be used to determine the sewer rates herein imposed." SECTION III The rates herein imposed shall be effective for all sewer and water usage occurring after the day of , 1993. SECTION IV 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 V 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. SECTION VI That Ordinance 91-7 is berebv repealed and all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of 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 day of . 1993. 1 y) ,ii rj ,`ri *' 4 By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney - A dt City of Wylie AGENDA COMMUNICATION Paul Beaver Planning/Engineering \ SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT Proposed City of Wyiie Ordinance 1/20/93 8 Amending Impact Fee Ordinance 90-10 SUMMARY OF SUBJECT: Attached is proposed City of Wylie Ordinance No. which will amend Impact Fee Ordinance 90-10 in order to allow for collection of all Impact Fees from the developer at the time of recordation of Final Plat. This will accelerate payment of the fees from the current practice of the builder paying Impact Fees at the time of building permit issuance. The City will then have all Impact Fees in lump sum which will allow construction of applicable utility improvements to that project required by the 10 year Comprehensive Plan. ALTERNATIVES: 1 . Approve Ordinance or 2. Disapprove Ordinance • ACTION REQUESTED: The ordinance was reviewed by the Captial Improvements Advisory Committee on 1/21/93. The City Engineer will summarize their comments. Staff recommends approval . REVENUE SOURCES: EXPENDITURE ACCOUNTS: D►/A N/A BUDGETED FISCAL YEAR(s): N/A ESTIMATED EXPENDITURE: $ $ OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE _x-- DIR. OF PLANNING/ENG. . LIBRARY.DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL /14 • r 1ANAGER ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE IMPACT FEE ORDINANCE 90-10, AS CODIFIED IN SECTION 19 OF CHAPTER 11 OF THE WYLIE CITY CODE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has heretofore adopted, pursuant to Chapter 395 of the Texas Local Government Code, an impact fees for sewer and water; and, WHEREAS, the provisions of the impact fee ordinance (90-10) as now codified in Section 19 of Chapter 11 of the Wylie City Code, provide that such impact fees shall be collected at the time of issuance of a building permit for each lot is issued; and, WHEREAS, Section 395.016(d) of the LGC provides that such fees may be collected "at either the time of the recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy permit; and, WHEREAS, the City Council of the City of Wylie has determined, in its legislative capacity, that collection of the impact fee at the time of the recordation of the subdivision plat, will best facilitate orderly growth and development of the City without placing an undue burden on developers or builders; and, WHEREAS, the City Council may amend the Impact Fee ordinance, with necessity of public hearings, further studies, and other formalities required by Section 395 of the LGC, if such change does not involve the Capital Improvements Plan, Land Use Assumptions, or the Impact Fee itself; and, WHEREAS, the Capital Improvements Advisory Board has made a recommendation to the Council that it change the time of collection of impact fees from the time of issuance of building permit to the time of recordation of the subdivision plat.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 19.05(b) of Chapter 11, of the Code of Ordinances of the City of Wylie, Texas, is hereby amended by deleting the existing provisions in their entirety and substituting the following therefore: "(b) The impact fees due for a new development shall be assessed prior to or at the time of platting in the case of a new subdivision. The fees so assessed shall be paid and collected as follows: (1) At the time of the recordation of the subdivision plat; or, (2) At the time of connection to the City's water or sewer system in the event that such new development occurs or is proposed to occur without platting; or, (3) At the time of the issuance of the building permit for such development where the final plat for the subdivision was filed prior to the adoption of this ordinance. Provided, that the collection of such fees is subject to the exceptions as provided by Section 395.019, as amended. SECTION II 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 III 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. SECTION IV That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION V The repeal of any ordinance, of 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 day of , 1993. BY John W. Akin Mayor • ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Steve Norwood DIRECTOR: City Manager DATE REFERENCE NO. SUBJECT 1/22/93 9 Interlocal Agreement with Town of St. Paul S eiaO SevCw ed our agreement with the Town of St. Paul that was approved in 1976 and are recommending the attached agreement be approved which provides for a flat rate of $500 for each fire call we respond to in St. Paul . This will include grass fires, structure fires, and false alarms . In addition, the agreement requires that a $500 deposit be kept on account at all times in the event of non-payment. The previous agreement provided for a $300 rate for structure fires only. This rate has not sufficiently compensated the City of Wylie for personnel time and use of equipment. Attached is the proposed agreement and previous agreement for your comparison. ALTERNATIVES: Approve the Agreement Deny the Agreement Approve the Agreement with Conditions or Changes ACTION REQUESTED: Staff recommends approval of the agreement with no time limit. However, the Council may want to require that the agreement come up for review every few years . REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: i SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES 3( LEGAL exvity-atLASF REV EWED B CITY MANAGER DIRECTOR OF PARKS/REC. XCITY SECRETARY DIRECTOR OF FINANCE - DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC WORKS BUILDING OFFICIAL APPROVED FOR SUBMISSION TO CITY COUNCILAar f 4 / ..11%;-.# Okirlf ANGER INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES CITY OF WYLIE AND TOWN OF ST. PAUL THE STATE OF TEXAS} COUNTY OF COLLIN} An interlocal agreement by and between the City of Wylie, Texas, and the Town of St. Paul, Texas, providing for the response of City of Wylie Fire Department equipment and personnel to the Town of St Paul for fire protection purposes, providing for compensation for said response, providing terms and conditions, and providing an effective date. The following definitions shall apply for the purpose of clarifying this agreement "FIRE CHIEF' The fire chief for the City of Wylie of his designate 'PARTIES" The City of Wylie and/or its governing body and the Town of St Paul and/or its governing body TIRE PROTECTION SERVICE CALL" A response from the City of Wylie Fire Department personnel and equipment to a call for assistance from the Town of St. Paul including but not limited to grass fires, structure fires, and false alarms The City of Wylie and Town of St Paul, acting herein through their respective governing bodies do hereby agree to the following SECTION 1. The City of Wylie Fire Department will respond to fires occurring within the town limits of St. Paul, provided that the Fire Chief for the City of Wylie or his designate determines that the health, safety, and welfare of the citizens of Wylie will not be endangered by the dispatching of men and equipment outside the city limits of Wylie. Said determination will be made on a case by case basis depending on the fire protection activity taking place within the City of Wylie at the time. SECTION 2. The Fire Chief for the City of Wylie shall determine the type and amount of manpower and equipment dispatched to fires outside the City of Wylie, including those to the Town of St. Paul, and the Fire Chief, or his designate, shall be responsible for the fire fighting methods used at all times. SECTION 3. The Town of St. Paul shall pay the City of Wylie $500.00(FIVE HUNDRED DOLLARS) for each fire call the City of Wylie fire equipment and personnel respond to including but not limited to structure fires, grass fires, and false alarms. SECTION 4. The Town of St Paul shall make an initial deposit of $500.00 (FIVE HUNDRED DOLLARS) to be held on account with the City of Wylie. In the event of non-payment within 30 days of the invoice date for a fire protection service call, the deposit shall be used for payment of service and fire protection shall cease until another deposit is made. SECTION 5. A map of the service area for the Town of St. Paul shall be attached as Exhibit "A" and made a part of this agreement. SECTION 6. The Town of St. Paul does hereby hold the City of Wylie, the Wylie Fire Department and its personnel, harmless in the event of accident, personal injury, property damage or death related to the performing of the provisions of this agreement and agrees to fully indemnify the City of Wylie for all liability and claims of third parties which it may incur as a result of its performance hereunder. SECTION 7. The City of Wylie does hereby hold the Town of St. Paul harmless in the event of accident, personal injury, property damage or death related to the performing of the provisions of this agreement. SECTION 8. This agreement may be cancelled at any time by either of the parties herein upon the giving of ninety(90) days termination notice. SECTION 9. This agreement may be amended or modified by the mutual agreement of both parties to be approved in writing and to be attached to and incorporated as a part of this agreement. SECTION 10. This instrument contains all commitments and agreements of the parties, and oral or written commitments not contained herein shall have no force or effect to alter any term or condition of this agreement unless said commitments are approved by the governing bodies of both parties and made a part of this agreement. DULY APPROVED THIS THE DAY OF , 1993 AND EXECUTED ON BEHALF OF THE CITY OF WYLIE. MAYOR CITY SECRETARY DULY APPROVED THIS THE DAY OF , 1993 AND EXECUTED ON BEHALF OF THE TOWN OF ST. PAUL MAYOR CITY SECRETARY FIRE PROTECTION CONTRACT THE STATE OF TEXAS COUNTY OF COLLIN The City of Wylie and Town of St. Paul, acting herein by and through their respective governing bodies, agree as follows; 1. The City of Wylie will cause its fire department to respond to fires occurring within the city limits of St. Paul, provided the Fire Chief of the City of Wylie determines that the health, safety, and welfare of the citizens of Wylie would not be endangered by the dispatching of men and equipment outside the city limits of Wylie. 2. The Fire Chief of the City of Wylie shall be the sole judge of the type and amount of equipment and manpower dispatched to fires outside the City of Wylie, and the Fire Chief, or his disignate, shall be solely in charge of the fire fighting methods used at all times. 3. In consideration of such service, the Town of St. Paul will pay to the City of Wylie the sum of $300.00 for each fire call. The Town of St. Paul will be billed immediately after each fire within the jurisdiction of St. Paul, fought by the City of Wylie Fire Department. 4. The Wylie - St. Paul Fire Committee shall determine any • question arising in connection with this ao ntract. Said committee shall consist of the Fire Chief of Wylie and one Representative from each City to be appointed by The City Councils. 5. The area of fire responsibility for the Town of St. Paul shall be as shown on the attached map marked exhibit "A" and made a part of this contract. 6. The following rules shall apply to fires subject to the charges herein stated: All structural fires .within the area of fire respona sibility of St. Paul will be charged at the rate of $300.00 per fire. Grass fires within St. Paul area of fire responsibility will not be subject to charge until such fires become excessive in number as determined by The Fire Committee. The Fire Committee shall determine the fee for fighting excessive grass fires. 7. The Town 'of St. Paul waives all claims against the City of Wylie or the Wylie Fire Department for compensation for any loss, damage, • personal injury or death occurring as a consequence of the performance of this contract. 8. -This contract shall be for an 'indefinite term; however, either one of the parties herein may withdraw from this contract upon the giving - of notice in writing to the other party ninety (90) days prior to termination. ; Executed en behalf of the Town of St. Paul by its Mayor on. the dlOTW .day of_S.FPF�4, '% 7 , 19 r . • 4 j. 4 ) t • V t . Mayor ._ i• 'T o .s City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Dept.— Purchasing Div. DIRECTOR• Brady Snellgrove DATE REFERENCE NO. SUBJECT 1/19/93 Purchase of four new trucks Ib SUMMARY OF SUBJECT: Council has previously approved and budgeted four new trucks to be purchased from, the Fleet Replacement Fund in fiscal '93. These trucks are now available for pur— chase through the General Services Commission. Vehicle descriptions and State contract pricing are as follows. two 3/4 ton GMC Sierra utility trucks at $14,147.00 each for Water and Sewer Dept. 's. one 3/4 ton GMC Sierra pick up truck at $12,683.00 for Parks Department. one Ford Ranger short bed compact pick up at $9,321.00 for Meter Services. ALTERNATIVES: ACTION REQUESTED: Council approval of the purchase of the above listed trucks at a total cost of $50,298.00. A total of $58,000.00 was allocated for these replacement vehicles REVENUE SOURCES: EXPENDITURE ACCOUNTS: Fleet Replacement Fund BUDGETED FISCAL YEAR(s): 1993 ESTIMATED EXPENDITURE: $ 50,298.00 PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ® $ 7,702.00 under CAPITAL ® RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: x CITY MANAGER X DIRECTOR OF PARKS/REC. CITY SECRETARY X DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF _ X DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM DATE: January 20, 1993 TO: Steve Norwood, City Manager FROM: Jim Holcomb, Purchasing Agent RE: Fleet Replacement Procurement of the four trucks described in the attached agenda communication will complete the vehicle replacements which were scheduled for this fiscal year. A copy of the previously approved fleet replacement schedule accompanies this memo. Upon reevaluation of Public Works fleet requirements, one change has been made in the original replacement scheme. It was determined that one general purpose pick up truck could be eliminated from the Public Works fleet with no material reduction in the level of services. Consequently, we are cancelling the scheduled purchase of a 3/4 ton truck for Streets and will instead, accelerate replacement of the Meter Services jeep with a more practical compact pick up. Fleet Replacement Fund expenditures were budgeted at $88, 000.00 for fiscal 1993. With Council approval of this latest purchase, the City will have acquired two police patrol cars, two utility trucks and two pickups at a total cost of $75,422 .00. The following is a summary of Replacement Fund activity for fiscal '93: Beginning Fund Balance $ 78,652.00 Capital Replacement Fees 38,000.00 $116,652.00 Purchases 75,422 .00 Ending Fund Balance $ 41,230.00* *Does not include the '93 auction proceeds or accrued interest. RECOMMENDED FLEET REPLACEMENT SCHEDULE UNIT # DEPT.-DESCRIPTION FY - 93 FY - 94 FY - 95 FY - 96 FY - 97 FY - 98 FY - 99 FY - 2000 1 P.D. - '90 Crown Victori& 15,000 15,000 2 P.D. - '92 Crown Victoria 15,000 15,000 3 P.D. - '91 Crown Victoria 15,000 15,000 15,000 5 P.D. - '92 Crown Victoria 15,000 15,000 7 P.D. - '91 Caprice 15,000 15,000 15,000 8 P.D. - '91 Caprice 15,000 15,000 15,000 9 P.D. - '91 Caprice 15,000 15,000 15,000 113 FIRE - '89 Chev. C-30 18,000 130 Code - '86 Caprice r'< 10,000 131 Code - '90 Dodge Dakota 10,000 251 Code - '90 Crown Victoria 10,000 200 Parks - '86 Chev. C20 ** 13,000 13,000 135 Water - '87 Ford F-250 13,000 136 Water - '85 Chev. C-20 13,000 137 Water - '84 C-20 Utility 16,000 16,000 160 Sewer - '85 Chev. K-20 16,000 16,000 162 Sewer - '84 Ford F-250 13,000 Replaced w/'86 C-20 from Parks ** 163 Sewer - '81 Ford Pump Truck 170 Streets - '85 Chev. C-20 13,000 171 Streets - '82 Chev. C-20 13,000 13,000 172 Streets - '81 Chev. C-20 13,000 175 Streets - '89 Caprice 10,000 177 Streets - '85 Dump Truck 20,000 181 Streets - '78 C-60 Water Truck 260 Fleet - '86 Jeep 12,000 262 Meter Services - '86 Jeep 10,000 120 Fleet - '85 Caprice 10,000 TOTAL PURCHASES 88,000 75,000 101,000 76,000 58,000 30,000 45,000 88,000 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Mary Nichols DIRECTOR: City Secretary DATE REFERENCE NO. SUBJECT 1/22/93 15 Executive Session: Appointments to Boards a&nd Committees SUMMARY OF SUBJECT: Attached is a memorandum outlining the appointments needed. While none of the appointments are emergencies, we do have some potential Board of Adjustments cases and would like the Council to fill that vacancy at your earliest convenience. It appears that the staff has advertised Board vacancies occasionally and we can certainly do that if Council so desires . ALTERNATIVES: ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 S CAPITAL 0 RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY _ PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO C COUNCIL CITY AG R MEMORANDUM January 14, 1993 TO: Steve Norwood, City Manager Members of the City Council FROM: Mary Nichols, City Secretary 411,744"1 RE: Board and Committee Appointments There are several appointments to boards that the Council will need to make at the January 26, 1993 Council meeting. As you already know, the Ambulance Board appointments are already scheduled. We are also scheduling appointments to the Construction Advisory Board. This board of seven members only has four active members: Brian Chaney, Roger Smith, Kevin Altimier, and Frank Spingola. All other terms have expired or those members have resigned. There is also a vacancy on the Zoning Board of Adjustments for an alternate member. Mike Schmidt is organizing a re-orientation meeting for all members of this board. The board, which has been relatively inactive, meets on an as needed basis- only when an application has been filed. Current Board of Adjustments members are: Marilyn Herrera, Robin Messer, Gerald Clark, Glen Graves, Jeff Payne and Michael Cole. We wanted to notify Council early of these vacancies to allow time to consider possible appointees. Other re-appointments for board and committee members whose terms expire this year are scheduled for the first Council meeting in June. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DIRECTOR: S T E V E N P. D E I T E R DATE REFERENCE NO. SUBJECT 1-22-93 SETTLEMENT AGREEMENT - DON WHI E V. CITY SUMMARY OF SUBJECT: COUNCIL HAS PREVIOUSLY DIRECTED CITY ATTORNEY TO NEGOTIATE SETTLE- MENT . A SETTLEMENT AGREEMENT HAS BEEN DRAFTED FOR APPROVAL BY THE COUN- CIL AND IS SUBMITTED HEREWITH . ALTERNATIVES: A) APPROVE SETTLEMENT AGREEMENT AS APPROVED B) APPROVE SETTLEMENT AGREEMENT WITH CHANGES AS DEEMED APPROPRIATE_ BY COUNCIL C) TAKE NO ACTION REGARDING SETTLEMENT AGREEMENT - NOT SETTLE ACTION REQUESTED: ALTERNATIVE A --APPROVE SETTLEMENT AGREEMENT DISPOSING OF-LAWSUIT. AND ALL OTHERISSUES BETWEEN CITY AND DON WHITE. - A REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ 10, 000 . 00 PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: THIS IS A ONE TIME PAYMENT OF THE ABOVE STATED AMOUNT . THE PAYMENT WAS NOT BUDGETED AND WILL HAVE TO BE ALLOCATED FROM CONTINGENCY FUNDS . SUPPORTING DOCUMENTS: XXX BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS y X X OTHER MINUTES XXXXLEGAL SETTLEMENT AGREMENT REVIEWED BY: -__ -. - XX CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF YYY7cTY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS r APPROVED FOR SUBMISSION TO CITY COUNCIL C R MEMORANDUM TO: City Council FROM: Steve Deiter .� SUBJECT: Approval of Dyln White Settlement Agreement DATE: January 12, 1993 Pursuant to previous direction from the Council an agreement settling the claims of Don White against the City was reached. The agreement has not previously been put into written form for execution by the parties. I am forwarding herewith for your review and consideration a draft of the Agreement and Release. Although the agreement was prepared by White's counsel, I believe it accurately represents the substance of the agreement and adequately protects the City's interests in the matter. 2 6 I am requesting that the matter be placed on the agenda for the Januaryy 24t1.332ouncil meeting. The council will need to vote to approve the agreement(approving the actions required of the City in the agreement) and authorize execution of the agreement by the Mayor and City Secretary. Should any of you have any questions, concerns, or requests for modification to the agreement please let me know. I am attaching copies of his original offer, the City's initial response, and the City's last response for background. cc:Steve Norwood TES Ja.n 12 J3 15 24 No .003 P . 03 DRAFT COMPROMISE SETTLEMENT AGREEMENT AND RELEASE /;/ - THIS AGREEMENT is by and between DON E. WHITE, an individual, Plaintiff, and the CITY OF WYLIE, Defendant: WHEREAS, the Plaintiff was employed by the City of Wylie for a period of time; and WHEREAS, the Plaintiff instituted the above-styled and numbered cause against Defendant, seeking to recover damages for an alleged breach of contract and/or based on a claim of quantum meruit in connection with certain overtime incurred during his period of employment; and WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount thereof if any, and by reason of such disputes and controversies the parties hereto desire to compromise and1 settle all claims and causes of action of any kind whatsoever which Plaintiff has or may have in the future arising out of such employment and intend that the full terms and conditions of the compromise and settlement be set forth in this Compromise Settlement Agreement and Release; NOW THEREFORE, in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, the Parties agree as follows: 1. The City of Wylie will pay to Don White the total sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) in full settlement of his claims for overtime pay. 2 . The City of Wylie will ensure that its personnel records reflect that Don White resigned from his employment with the City of Wylie rather than that he was terminated. 3. The City of Wylie will provide, upon request, a neutral employment reference for Don White, limiting the information released to any individual seeking a reference, to the following: a. the dates of employment of Don White by the City of Wylie; b. the positions held; and COMPROMISE SETTLEMENT AGREEMENT AND RELEASE Page 1 TE_ No . :14-F: _ a-ia40 :an 1_ . a3 1 5 ? 4 No . 003 P . :. c. confirmation of rates of pay. 4 . Upon the execution and compliance with all the terms of this Compromise Settlement Agreement and Release, Don White will cause to be filed a dismissal with prejudice of the above-referenced matter. 4-And, by virtue of signing this Agreement and Release, will release the City of Wylie from all claims . 5. It is understood and agreed that this Compromise Settlement Agreement and Release shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns . 6. It is understood and agreed that this Compromise Settlement Agreement and Release contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Compromise Settlement Agreement and Release exist. This settlement agreement cannot be changed or terminated orally. 7 . It is understood and agreed that this is a compromise of a doubtful and disputed claim and that nothing contained herein shall be construed as an admission of liability by or on behalf of Defendant. All such liability being expressly denied. 13 . It is understood and agreed that this Compromise Settlement Agreement shall be governed by, construed, and enforced in accordance with and subject to, the laws of the State of Texas. 9 . It is understood and agreed that this Compromise Settlement Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes . NOW THEREFORE, for and in consideration of the recitals set forth above and the sum of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) , the receipts and sufficiency of which is hereby acknowledged, Plaintiff has this day released and by these presents does release, acquit, and forever discharge the City of Wylie, its COMPROMISE SETTLEMENT AGREEMENT AND RELEASE Page 2 TEL No . 214-634-040 Jan 12 , 93 15 : 24 No . 003 P . 05 agents, servants, and employees, and all persons, natural or corporate in privity with them or any of them, from any and all claims or causes of action of any kind whatsoever, at common law, statutory or otherwise, that Plaintiff has or might have, known or unknown, now existing or that might arise hereafter, directly or indirectly attributable to his above-described employment with the City of Wylie and the termination thereof, it being intended to 4 release all claims of any kind which Plaintiff might have against those hereby released, whether asserted in the above captioned suit or not. It is expressly understood and agreed that the terms hereof are contractual and not merely recitals and that the agreements herein contained and the consideration transferred is to compromise doubtful and disputed claims, avoid litigation, and buy peace, and that no payment made nor releases or other consideration given .0 shall be construed as an admission of liability, all liability being expressly denied. The Plaintiff warrants that he has read this Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future that he has or l' may have against the party or parties released, arising out of the matters described. Plaintiff warrants that he is of legal age and legally competent to execute this Agreement and that he does so of his own free will and accord without reliance on any representation of any kind or character, not expressly set forth herein. COMPROMISE SETTLEMENT AGREEMENT AND RELEhSE Page 3 TEL No . 214-634-f'407 Jan 12 , 93 15 : 24 No . 003 P .06 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day of , 1993. by DON WHITE, an individual, Plaintiff ACKNOWLEDGEMENT COUNTY OF ) STATE OF TEXAS ) SWORN TO AND SUBSCRIBED to before me, the undersigned authority, on this the day of , 1993. Notary Public, State of Texas My commission expires: CITY OF WYLIE, Defendant by Representative Printed Name of Representative: ,ACKNOWLEDGEMENT COUNTY OF ) STATE OF TEXAS ) SWORN TO AND SUBSCRIBED to before me, the undersigned authority, on this the day of , 1993. Notary Public, State of Texas My commission expires: COMPROMISE SETTLEMENT AGREEMENT AND RELEASE Page 4 TEL No . 214-634-040T Jan 1 , 93 15 : 24 No . 003 P . 0 APPROVED AS TO FORM: by Yona Rozen, Esq. Gillespie, Rozen & Tanner, P.C. 8200 Brookriver Drive, Suite N-703 Dallas, Texas 75247 ATTORNEY FOR PLAINTIFF by. Steven P. Deiter, Esq. 2000 Hwy. 78 N. P. O. Box 428 Wylie, Texas 75098 ATTORNEY FOR DEFENDANT COMPROMISE SETTLEMENT AGREEMENT AND RELEASE Page 5 LAW OFFICES OF GILLESPIE, ROZEN & TANNER, P.C. A TEXAS PROFESSIONAL CORPORATION BROOKRIVER CENTER, SUITE N-703 Hal K. Gillespie' 8200 BROOKRIVER DRIVE, LB 103 Yona Rozen' DALLAS,TEXAS 75247 Rod Tanner DALLAS: (214) 634-0333 David K. Watsky METRO:(214)988-3357 Ruth E Canan" FAX:(214) 634-0407 1212 TEAM BANK BUILDING Of Counsel FO THROCXMORTON STREET October 20, 1992 G. William Saab' TEXAS FORT WoRm. S 78102.3790 F.WORTH:(817)870-1212 'Board C4,11848 Lsoar Law METRO.(817)429-3052 Texas Board of L494t SOlimaZason FAX:(817)870-1283 "L(ense0 To Pricks In WYo wIi, Not Lammed In Twa Steven P. Deiter, Esq. Via TELECOPIER NO. 442-4302 City Attorney 2C0ty00 of WylieCONFIRMATION 2000 Hwy. 78 N. Wylie, Texas 75098 COPY Re: Don E. White v. City of Wylie; Cause No. 366-1018-91 Dear Mr. Deiter: I apologize for the delay in getting this letter to you. I have reviewed this matter with my client, and, in the interest of trying to resolve this matter and allow both parties to avoid the costs of further litigation, we make the following settlement offer. Of course, this is a settlement offer to compromise the matters in dispute between the parties and we reserve our right to seek additional damages should this matter proceed to trial: 1. The City of Wylie will pay my client $15,000. 00 plus attorneys fees and costs in the amount of $700.00. 2. The City of Wylie will insure that its personnel records reflect that my client resigned (which, in fact, he did) rather than was terminated. 3. The City of Wylie will provide, upon request, a neutral employment reference for my client, limiting the information released to my client's dates of employment, positions, and confirmation of rates of pay. 4. My client will file a dismissal with prejudice of the pending case and will sign a full release. The reason for the requests reflected in numbers 2 and 3 is that my client believes he may be receiving negative references from someone at the City of Wylie, because on countless occasions he has interviewed for and come close to receiving jobs for which he is fully qualified, only to be rejected when his references were checked. Steven P. Deiter, Esq. City Attorney October 20, 1992 Page 2 Please convey this offer to your client and let me know of the City's response. Thank you for your continued courtesy and cooperation in this matter. Very truly yours, GILLESPIE, ROZEN & TANNER, P.C. ! p By Ae V Yo - Rozen 40, je CITY OF WYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 October 30, 1992 Ms. Yona Rozen Gillespie, Rozen & Tanner, P.C. D Brookriver Center, Suite N-703 co 8200 Brookriver Drive, LB 103 Dallas, Texas 75247 Re: Don E. White v. City of Wylie Dear Yona: As part of its regular meeting Tuesday night the Wylie City Council considered your letter of settlement dated October 20, 1992 . The council is agreeable to the concessions set forth in paragraphs 2, 3 , and 4 of your letter. I assured them that the full release, referenced in paragraph 4 was for any and all claims against the City, pot limited to items pertaining to compensation. The Council is not willing to pay the requested $15,000 and $750 in attorney fees. However, they do realize that there is merit in resolving the matter short of a judgement by the Collin County District Court. Therefore, the City is willing to pay the sum of $7,500 (including costs and attorney fees) to compromise and settle the claim. I realize this is substantially less than your offer. However, I believe it is not an unreasonable figure given the circumstances of the case. Certainly you and your client may disagree. The posture of the settlement is that the $7,500 is the extent of my authority. It is not the starting figure for a range I have been given. I prefer to negotiate by putting the best offer on the table at the outset, instead of spending time and effort sizing up the other side and then making a final offer. Ms. Yona Rozen October 30 , 1992 page two I do not mean to discourage further negotiations if the offer is unacceptable. I just wanted to apprise you of where the City was coming from. Whether such offers are advisable is something which your client and yourself will need to determine. In further offers are made I would then take them back the Council for consideration at the next meeting following receipt of the offer. In the event the City's offer is accepted the council would approve it at its next meeting on November 10. 1992. Assuming receipt of an acceptable release the settlement would be paid out in approximately ten days thereafter. As of this writing I have not heard from the Court concerning a new trial date. However, I assume the trial will be in the not to distant future and would therefore like to conclude settlement negotiations, one way or the other, as soon as possible. I look forward to your response. Thank you for your attention and continued courtesies herein. Sincer= o rs / St.. -n P. D -it SPD:rd cc: Wylie City Council Steven P. Norwood CITY OF V VYLIE 2000 HWY. 78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 December 9, 1992 Ms. Yona Rozen Brookriver Center, Suite N-703 8200 Brookriver Drive Dallas, Texas 75247 VIA: Facsimile 214/634-04047 and Regular Mail RE: Don White v. City of Wylie Dear Yona: I conveyed your most recent settlement offer of$13,250 to the Council who considered it at their regular meeting held last night. The Council is of the opinion that the offer is too high. However they did authorize me to make another counter-offer in the amount of$10,000. In making this offer the Council wanted me to specify that it is their last offer and they are not willing to "pay a penny more". The attorney fees and other costs would have to be satisfied from the $10,000 and not in addition to it. As with the previous offer the offer is contingent on his completely releasing the City from any and all liability incident to his employment. The council remains agreeable to items set out in paragraphs 2, 3, and 4 of your original offer of settlement dated October 20, 1992. I would appreciate a response on this at your earliest convenience. If the offer is acceptable Ms. Yona Rozen December 9, 1992 page two please prepare a release and forward a draft of the same with your response. Thank you in advance for your attention herein. Sincerely ours i 17 0.• ir -ven ' %eiter SPD:rd cc: City Council Steve Norwood City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DIRECTOR: S T E V E N P . D E I T E R DATE REFERENCE NO. SUBJECT i ' / 1-22-93 SETTLEMENT AGREEMENT - SOUTHFORK MHP SUMMARY OF SUBJECT: JIM CLAYTON HAS FORWARDED A SETTLEMENT PROPOSAL FOR CONSIDERATION BY THE CITY . I HAVE DRAFTED AN AGREEMENT FOR THE COUNCIL ' S CONSIDERATION WHICH INCOPRORATES THE ACCEPTABLE PARTIONS OF CLAYTON' S PROPOSAL AND CHANGES WHICH I UNDERSTAND THE COUNCIL D_SIRED . I AM REQUESTING THAT THE AGREEMENT BE CONSIDERED AND EVALUATED BY THE COUNCIL AND THAT THE COUNCIL THE', DIRECT THE CONTENT OF THE SAME (AGREEMENT IS FORWARDED UNDER SEPARATE COVER-NOT PART OF PACKET) ALTERNATIVES: PROVIDE DIRECTION FOR FURTHER ACTION ON DRAFTING SETTLEMENT PROPOSAL ACTION REQUESTED: NONE REQUESTED___OTHER THAN IMPUT AS NOTED ABOVE _ fr r r • REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS x OTHER MINUTES LEGAL (SETTLEMENT AGREEMENT) REVIEWED BY: --- - - - THY CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY _ DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF .X__ CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS r APPROVED FOR SUBMISSION TO CITY COUNCIL A 1111111rfr- I —- ,r f7+-w ER