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11-13-1990 (City Council) Agenda Packet
DATE POSTED 11-9-90 TIME POSTED 4:00 P.M. AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, NOVEMBER 13, 1990 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION - REV. BAILEY PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 26 Consider approval of minutes of Sept. 25, Oct. 9th, 16th & 23rd Council meetings 2 Presentation of Appreciation Certificate to Jim Holcomb, Employee of the Quarter ending September 30, 1990 3 27 - 28 Presentation of Proclamations one to Birmingham Land Trust for 50th Anniversary Honoring Family members of T. F. Birmingham and Hattie A. Birmingham and one to Wylie Community Christian Care Center for Third Annual Christian Care Week - November 15th - 22nd, 1990 and 4 29 - 32 Certificate of Achievement for Excellence in Financial Reporting - awarded to City of Wylie 5 33 Discuss and Consider solicitation for competitive bids for Asphalt Overlay Work for on going Street Reconstruction Program for One (1) Year UNFINISHED BUSINESS 6 34 - 36 Discuss and Consider the appointment of Acting Judge of the Wylie Municipal Court and received and acknowledge formal legal opinion from City Attorney on this action 7 37 Discuss and consider appointment to the Construction Code Board 8 38 - 40 Discuss and consider Final Independent Audit Report of Wylie Volunteer Fire Department conducted by Adami, Lindsey and Company, P.C. and determine appropriate action 9 41 - 44 Discuss and consider Final completed Keefer Street Project and Final Costs 10 45 - 49 Discuss and consider 1988 commitment to Century Business Park for Tie-In to Phase Ii Sewer Improvements Program in Exchange for Easements as an addendum to Newport Harbor Bid ORDER OF PAGE BUSINESS REFERENCE BUSINESS 11 50 - 54 Discuss and consider awarding competitive bid for Phase III Newport harbor Sanitary Sewer Improvements, consider base bid, alternate A, alternate B, and addendum of Century Business Park Hook-up 12 55 - 63 Discuss and consider critical report from Texas Department of Health, City of Wylie Landfill and authorize Phase II of Testing and Monitoring 13 64 - 71 Discuss and consider authorizing Contract with Jones and Neuse, Inc. for Phase II, Environmental Engineering Services for compliance with State of Texas Health Department on Landfill 14 72 - 73 Discuss and consider Second Formal Response from Texas Water Commission Legal Counsel on Request for REmission of Fines and Penalties NEW BUSINESS 15 74 - 86 Discuss and consider awarding competitive bid for the purchase of One (1) used Gradall and One (1) used Motor Grader 16 87 Discuss and consider awarding bid for City's Ambulance Service to A-1 Ambulance Service and authorize the execution of a Two (2) Year Contract 17 88 - 90 Discuss and consider formal response from State Department of Highway and Public Transportation on Access Driveway located 330 feet and 580 feet Southwest of FM 544/Kirby Street Intersection 18 91 - 103 Discuss and consider accepting formal proposal for Security System and Fire Protection System at the Smith Public Library 19 104 - 105 Discuss and consider authorizing a letter to Collin County Commissioners Court for Assistance on he Reconstruction and Drainage Improvements to Kreymer Lane as a Part of Collin County Urban Arterial Road System 20 106 - 110 Discuss and consider Federal Government Approval for Funding of National Guard Armory and contract for Architectural Services in order to start Engineering Design Work on the New National Guard Armory Facility 21 111 - 113 Discuss and consider North Texas Municipal Water District Proposal to the City of Murphy to use the City of Wylie Wastewater Treatment Facilities 22 114 - 127 Discuss and consider approval of Multi- Jurisdictional Industrial Pre-Treatment Agreement with North Texas Municipal Water District and Approve Pre-Treatment Budget Agreement ORDER OF PAGE BUSINESS REFERENCE BUSINESS 23 128 - 156 Discuss and consider authorizing necessary expenditures to Construct Dechlorination Facilities at Wastewater treatment Plant in conjunction with North Texas Municipal Water District 24 157 Discuss and consider appointment of City of Wylie Master Plan Committee APPROVAL OF PAYMENTS 25 158 - 165 Discuss and consider payment to Pate & Pate for Muddy Creek Sewer System Construction 26 CITIZEN PARTICIPATION In accordance with the Open Meeting Act, the City Council will hear comments of public interest, but any discussion shall be limited to placing the item on a future agenda for further consideration. Persons wishing to speak before Council should adhere to the following procedure: Limit remarks to a maximum of five (5) minutes per subject 27 Recess open meeting 28 166 Convene Council into Executive Session under the authority of Article 6252-17 V.A.C.S., Section 2 paragraph "e" Personnel - Report from City Manager to City Council dated October 11, 1990, Article 3, Section 8, Part C of the Wylie City Charter (The City Council Prohibitions) and Employment Recruitment for legal Counsel to the City of Wylie 29 Reconvene Council into open meeting 30 Consider any decisions necessary from Executive Session 31 Adjourn CITY COUNCIL MEETING MINUTES SEPTEMBER 25, 1990 The City of Wylie City Council met in regular session at 7 :00 P.M. on Tuesday, September 25 , 1990 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Don Hughes, Council Members Steve Wright , Chuck Wible, William Martin, Pat Stemple and Percy Simmons, City Manager Bill Dashner , City Secretary Carolyn Jones, Engineer Paul Beaver, Finance Director James Johnson, Public Works Director Bill Flowers and City Attorney Rob Dillard. Mayor Akin called the meeting to order and Father Pondant gave the invocation which was followed by the Pledge of Allegiance. Mayor Akin recessed the open meeting and convened Council into Executive Session at 7 :05 P.M. under the authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "e" consultation with City Attorney and City Auditor to determine legal course of action on Special Audit of Wylie Volunteer Fire Department and unaccounted for equipment and tools . Councilman Wible excused himself from the executive session and stated he would have to abstain from voting if there was any decision after the executive session. Mayor Akin reconvened the Council into open meeting at 8 :25 P.M. and stated that Council has requested the City Manager to continue the investigation of the Fire Department . APPROVAL OF MINUTES OF AUGUST 14TH MEETING: Councilman Wright corrected the minutes to reflect his vote on the Garland Chapter of Medical Assistants setting up carnival rides in Oaks Shopping Center Parking lot to be against not in favor . A motion was made by Mayor Pro Tem Hughes to approve the minutes as corrected . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ACCEPTANCE OF LETTER OF RESIGNATION FROM GEORGE FOURNIER FROM PARK AND RECREATION BOARD: Mr . Fournier has written a letter of resignation from the Park and Recreation Board. A motion was made by Councilman Martin to accept the letter of resignation. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PROCLAMATIONS FOR "FAMILY VIOLENCE AWARENESS MONTH" AND FOR THE LATE CHARLES C. STIBBENS: One proclamation is for the month of October , 1990 from Collin County Women' s Shelter and is for "Family Violence Awareness Month" . Mayor Akin read the following proclamation into the records: WHEREAS, historically and presently women and children have been victims of domestic violence within the home, and WHEREAS, the incidence of violence against women is increasing disproportionately to that of other crimes across the nations, and WHEREAS, domestic violence leaves a legacy of physical , psychological , financial and social consequences for all members of society at large, and WHEREAS, it is the goal of this community to eradicate domestic violence and support healthy family values through community awareness and support of the Collin County Women' s Shelter, and WHEREAS, the community supports legislation currently pending in both the House and Senate to designate october as NATIONAL FAMILY VIOLENCE AWARENESS MONTH , NOW, THEREFORE, I , JOHN W. AKIN , MAYOR OF THE CITY OF WYLIE, TEXAS, DO HEREBY PROCLAIM THE MONTH OF OCTOBER, 1990 AS: "FAMILY VIOLENCE AWARENESS MONTH" in the City of Wylie, Texas, and urge all citizens to actively support and participate in the scheduled events and on-going programs designed to reduce and eventually eliminate domestic violence. Mayor Akin read the second proclamation into the record as follows: : WHEREAS, Charles C. Stibbens, born in Baltimore County Maryland, in the 1830 ' s and was an early settler in the Republic of Texas. He came to the Republic of Texas with the First Volunteer Company to support the Lone Star Republic. WHEREAS, Charles C. Stibbens formed and financed Company I , 1st Regiment of the Texas Volunteers . His regiment served under the command of Major Leander Smith and Captain William S. Fisher in the Velasco Blues at San Jacinto. WHEREAS, for his service at San Jacinto Charles C. Stibbens was issued Donation Certificate No . 534 in Anderson County also Certificate Nos . 945 and 4269 for additional acreage for his military participation and as an early settler of the Republic of Texas. WHEREAS, Charles C. Stibbens moved his large family to the St. Paul Community in Collin Col , September , 1870 . He died on 31 March 1879 and is buried by the side of his beloved wife in the St. Paul Catholic Cemetery. WHEREAS, The many descendants of Charles C. Stibbens, being in this area , great, great granddaughter , Brenda Burns Kellow, President, Dallas Chapter #2 , Descendants of San Jacinto , will add two medallions designed by the Daughters of the Republic of Texas to his tombstone. NOW, THEREFORE, I , JOHN AKIN , MAYOR OF THE CITY OF WYLIE, TEXAS, DO HEREBY PROCLAIM SPECIAL RECOGNITION TO THE LATE CHARLES C. STIBBENS AS PART OF THE CEREMONIES ON SEPTEMBER 22, 1990 AT ST. PAUL CATHOLIC CEMETERY. A motion was made by Mayor Pro Tem Hughes to approve the proclamation for "Family Violence Awareness Month and for "Charles C. Stibbens" . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . Mayor Akin presented the proclamation to representatives of the Collin County Women' s Shelter , no one was here from the Stibbens family to receive the proclamation. CONSENT AGENDA: The consent agenda consisted of the follows : (a) final claim in the amount of $5, 877 .00 and acceptance of Water Tower Refurbishing Program, (b) payment claim in the amount of $273 ,428 .98 to Pate and Pate on construction of Muddy Creek Sewer Line, (c) authorization solicitation for competitive bids for Vehicle Fuel for One (1) Year, (d) Final claim in the amount of $68 ,634 .30 and accept project as complete on 1990 Summer Street Program and approve change order No . 1 in the amount of $7 ,066 . 30 ( included in the above amount) , (e) payment of claim in the amount of $824 .38 as part of the Wylie Service Center Investigation. A motion was made by Mayor Pro Tem Hughes to approve the consent agenda . Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilman Wright - in favor . Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PUBLIC HEARING ON ADOPTION OF AN ORDINANCE CHANGE LOTS 13, 14 & 15 OF BLOCK 3 IN THE BROWN & BURNS ADDITION FROM SF-3 TO PROFESSIONAL OFFICE ZONING CLASSIFICATION: Mayor Akin opened the public hearing and requested those wishing to be heard to come forward and state their name and address for the record and to keep their comments to five minutes . Mr . James Parker of 306 N. Ballard addressed the Council opposing this zoning change. Mr. Bill Lewis, Executive Director for Birmingham Land Board, of 2614 S. Glenbrook, and Mr . John Spillyards of 301 N. Jackson addressed the council as being in favor of this zoning change. There being no other comments or questions from the public, Mayor Akin closed the public hearing . ORDINANCE CHANGING LOTS 13, 14 & 15 OF BLOCK 3 IN THE BROWN & BURNS ADDITION FROM SF-3 TO PROFESSIONAL OFFICE ZONING: Mayor Akin turned his chair over to Mayor Pro Tem Hughes, as Mayor is the Chairman of the Birmingham Land Board and feels he should not be a part of the vote unless there is a tie. Mayor Pro Tem Hughes called for a motion and a motion was made by Councilman Wright to approve the zoning for Professional Office and to meet building requirements . There being no second to this motion, it died on the table. A motion was made by Councilman Simmons to deny the zoning request. Seconded by Councilman Martin . The vote was as follows : Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - against, Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried to deny zoning with five (5) in favor . and one (1) against . Mayor Pro Tem Hughes called Mayor Akin back into the room and turned the chair back to him. PUBLIC HEARING ON REMOVING THE BRANCH PENINSULA AREA FROM THE CITY ' S EXTRA TERRITORIAL JURISDICTION: Mayor Akin opened the public hearing and requested those wishing to speak to come forward and state their name and address for the record and to keep their comments within five minutes. Mr . Paul Tucker, Rt . 11 Box 59 and Mr . James A. Toles , Rt. 11 , Box 73 and Mr . David Barnes Rt 11 , Box 144 spoke in favor of having the city remove the Branch Peninsula Area from the City' s Extra Territorial Jurisdiction. There being no other comments or questions , Mayor Akin closed the public hearing . ADOPTION OF AN ORDINANCE REMOVING THE BRANCH PENINSULA AREA FROM THE CITY 'S EXTRA TERRITORIAL JURISDICTION: A motion was made by Councilman Wright to approve the ordinance removing the Branch Peninsula Area from the City of Wylie' s Extra Territorial Jurisdiction. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor and Councilman Simmons - in favor . This motion carried with all in favor. ADOPTION OF AN ORDINANCE LIMITING CITIZENS PARTICIPATION ON ENUMERATED BOARDS AND COMMISSIONS: City Manager Bill Dashner said this item was requested by a Council member and staff has researched it . The City Charter says Council may have a policy to have citizens serve only on one Board or may have them serve on more than one board . City Manager Bill Dashner read the Ordinance into the record as follows : WHEREAS, it is the desire of the City Council in the interpretation of Article 8 of the city Charter, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . In order to obtain increased citizen participation on Boards and Commissions the City Council establishes as policy that citizens shall be appointed to and serve on only one (1) Board or Commission SECTION 2 . This policy does not include members of the Governing Board, the City Manager ' s office or staff . SECTION 3 . As the Charter stipulates individuals may be appointed to serve on more than one (1) Board , Commission or Committee. The City Council may by ordinance consolidate the functions of the various Boards , Commissions or Committees enumerated in the Article. SECTION 4 . The Boards and Commissions this order will apply to are as follows : Planning and Zoning , Parks and Recreation, Library Board, Development Board and NTMWD Board and the Board of Adjustments. SECTION 5 . The Ordinance shall take effective immediately for and after its passage and the publication of its caption as the law in such cases provides. Duly passed by the City Council of the City of Wylie, Texas on this the 25th day of September , 1990 . City Manager Bill Dashner stated that this ordinance is not retro-active. A motion was made by Councilwoman Stemple to approve as read . Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. CONSIDER COM_PETITIVE BIDS FOR THE ACQUISITION OF EQUIPMENT NEEDED ON AN ONGOING BASIS FOR STREET AND DRAINAGE MAINTENANCE: City Manager Bill Dashner stated that this was a budgeted item, there was $32 ,000 . There is a need for a gradaal , a motor grader and a bull dozier . This equipment is needed if Public Works is going to get the work done. City Manager Bill Dashner recommends to Council to grant authorization for seeking competitive bids on this equipment . A motion was made by Councilman Martin to grant authorization for staff to seek competitive bids on the I above listed equipment . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . NAMING OF CITY STREET THAT IS CURRENTLY UNNAMED: City Manager Bill Dashner stated that a citizen has requested this street be named . There are no homes or businesses on the street . A motion was made to table by Mayor Pro Tem Hughes until a list of veterans has been acquired . Seconded by Councilman Wright . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER CITY COUNCIL WORKSHOP CONCEPT FOR POLICY PLANNING AND POLICY DEVELOPMENT: After some discussion, it was suggested to have the third Tuesday of each month as a policy/planning meeting , and it was also suggested to look at having one regular council meeting per month. A motion was made by Councilman Wright to have the third Tuesday of each month as planning and policy development meetings. Seconded by Councilman Wible. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . AWARD BID ON THE LEASE/PURCHASE OF ONE (1 ) NEW COPY MACHINE: City Manager Bill Dashner stated that this is a re-bid item and that Purchasing Agent assured me the specs were written for open bid and not for one model . We have been through the bid process and the Lanier meets or exceeds bid specs. Staff recommends the low bidder, Lanier 6360 in the amount of $222 .44 lease/purchase monthly payment , total cost for 48 months $23,667 .92 , but with the stipulation if this machine does not meet performance then we will remove it and go with another machine. A motion was made by Mayor Pro Tem Hughes to approve the award of bid to Lanier 6360 in the amount of $222 .44 per month. Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF FINAL PLAT ON MARTINEZ ADDITION, PHASE II: City Manager Bill Dashner stated that staff recommends approval . A motion was made by Councilman Simmons to approve the final plat on Martinez Addition, Phase II . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . AUTHORIZATION FOR GREEN THUMB, INC. TO PLACE TWO _ (2 ) TRAINEES AT THE SMITH PUBLIC LIBRARY: City Manager Bill Dashner stated that these trainees will work 20 hours per week. This will help the Library manpower and will be at no cost to the City. These trainees will work for six months and then the City has the option to bring them on full time, part time or continue with the program being paid by Community Action, Inc . A motion was made by Councilman Wright to approve the placement of two trainees at the Smith Public Library through the Green Thumb, Inc . Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin 3 - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER LETTER FROM TEXAS WATER COMMISSION ON FINES AND PENALTIES REGARDING THE CITY SEWER SYSTEM AND APPROVAL OF - -- - - -- -- LETTER OF APPEAL: The City staff received a letter from Texas Water Commission on fines and penalties regarding the sewer system, which is answering the City' s request to eliminate the stipulated penalties from the Agreed Order since the City is making a sincere, honest , measurable effort to comply with the Enforcement Order. If the City wishes to pursue an amendment to the Enforcement Order , a formal request should be made. The enclosed letter is the formal request staff is seeking authorization from Council to forward to the Texas Water Commission. A motion was made by Mayor Pro Tem Hughes to approve the letter requesting an amendment to the Enforcement Order . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - against, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with six (6) in favor, and one (1 ) against . Mayor Akin called for a ten minute recess. CONSIDER TYPE OF SEWER LINE AND SYSTEM IN ORDER TO PROVIDE SEWER SERVICE TO NEWPORT HARBOR AREA: City Manager Bill Dashner stated uthere are two methods, one is a gravity flow line with engineer estimated cost of $587 ,500 . or a lift station with force main with engineer estimated cost of $340 ,500 . Mr . Joe Carter from Shimek, Jacobs and Finklea, stated that they prepared the lift station and force main to connect Newport Harbor into Presidential Estates . This would only sewer Phase I of Newport Harbor , if gravity sewer line was put in then it would sewer all area east of FM 1378 from Newport Harbor South to W. Brown Street. City Manager Bill Dashner stated that on the next agenda , there will be an item for authorization to seek competitive bids for either the gravity flow line or the lift station and force main, for which ever direction council wants to go. A motion was made by Mayor Pro Tem Hughes to approve option NO. 2 - construct a force main system with a lift station. Seconded by Councilman Simmons . The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor . Councilman Martin - in favor . Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. CONSIDER AMENDING FY91 BUDGET TO FINANCE UNFUNDED LIABILITY FOR PAST AND PRESENT MANAGEMENT PERSONNEL: City Manager Bill Dashner stated that Council has discussed this previously and I have made a recommendation based on the old Personnel Policy to allow 400 Comp Hours . City Manager Bill Dashner stated he did not feel the city has a legal responsibility to go past the 400 hours. City Manager stated he was asking Council to give him criteria to negotiate with. It was suggested to negotiate with time off instead of dollars . A motion was made by Councilman Martin to go ahead and take care of the Public Works Superintendent up to 400 hours . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor. UPDATE REPORT AND AUTHORIZATION FOR LEGAL EXPENDITURES ON LANDFILL CLOSURE PROGRAM: City Manager Bill Dashner stated that Shipley & Inhofe, attorneys representing the City, feel the final report from the State will be in next week. This report will inform the City on the engineering that will have to be done and the method of closing on the landfill . There is a claim from Shipley & Inhofe in the amount of $5 , 825 .39 for work performed . Staff recommends approval of payment. A motion was made by Councilman Wright to approve the claim in the amount of $5, 825 . 39 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . APPOINTMENT OF CONSTRUCTION CODE BOARD: A motion was made by Councilman Wright to table this item. Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER BUILDING CODE AS IT APPLIES TO WOOD TRUSSES : A motion was made by Councilman Simmons to table this item. Seconded by Councilman Wright . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . REPORT ON VARIOUS PROJECTS: Updated reports were given on the following : RUSH CREEK LIFT STATION IMPROVEMENTS RELOCATION OF ALANIS DRIVE FINALIZATION OF TWO MAJOR DRAINAGE PROJECTS COMPLETED STATUS REPORT OF SEWER LINE PROJECT FULL ENFORCEMENT OF IMPACT FEE INVESTIGATION OF SUB-BASE CITIZEN PARTICIPATION: Mr . Choya Tapp of 2250 Sachse Road addressed the Council regarding the Volunteer Fire Department . There being no other matters of business for discussion, a motion was made to adjourn with all in favor . John W. Akin , Mayor ATTEST : Carolyn Jones, City Secretary MINUTES REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, OCTOBER 9 , 1990 The City Council of the City of Wylie met in regular session on Tuesday, October 9 , 1990 at 7 : 00 PM in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Don Hughes , Councilwoman Patricia Stemple and Councilmen William Martin, Steve Wright , Percy Simmons and Chuck Wible. Also present representing the City Staff were Bill Dashner , City Manager; Paul Beavers , City Engineer; Bill Flowers , Director of Public Works; Ed Richie, Code Enforcement Officer/Building Official ; James Johnson , Director of Finance and Barbara LeCocq, Secretary. Attending also were Mr . and Mr . John Lacy, representing the Mental Health society. The meeting was called to order at 7 : 00 PM by Mayor John Akin, with Reverend Mike Brandish of the First Christian Church giving the invocation and Councilman Simmons leading the Pledge of Allegiance to the Flag of the United States of America . ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES OF COUNCIL MEETINGS OF AUGUST 20TH` 27TH AND 28TH L1990 : Councilman Steve Wright asked for correction on Page 1, paragraph 1 to reflect that Councilman Wright was at TML Conference which was City business . On Pg 8 , regarding question about board members , correct to read (pls check tape) " that if any decision was to be made it should be a full Council decision." Motion was made by Mayor Pro Tem Hughes to approve the minutes as amended , seconded by Councilman Wright . Vote was as follows : Mayor Akin , yes; Mayor Pro Tem, Hughes yes; Councilman Wible, yes; Councilman Martin, yes; Councilman Wright , yes; Councilwoman Stemple, yes ; Councilman Simmons , yes . Motion passed , all in favor . ITEM NO. 2 - CONSIDER APPROVAL AND PRESENTATION OF PROCLAMATION FOR MENTAL ILLNESS AWARENESS WEEK: Mayor read the Proclamation into the record as follows : WHEREAS, Mental Illness Awareness Week is October 7 - October 13 , 1990 , as recognized by the U.S. Congress in S.J. 256; and , WHEREAS, The National Alliance for the Mentally Ill , the American Psychiatric Association, the Texas Alliance for the Mentally Ill of Collin County are joining together with the United States Congress in recognizing Mental Illness Awareness Week; and , WHEREAS, Mental Illness is a problem of grave concern and consequences in American society, widely but unnecessarily feared and misunderstood; and , WHEREAS, 31 to 41 million Americans annually suffer from clearly diagnosable mental disorders involving significant disability with respect to employment , attendance at school , or independent living ; and, WHEREAS, more than 10 million Americans , including 2 .6 million Texans , including 20 ,892 in Collin County, are disabled for long periods of time by schizophrenia , manic depressive disorder , and major depression; and , WHEREAS, 33 percent of the homeless suffer serious , chronic forms of mental illness; and, 8 WHEREAS, our growing population of the elderly is particularly vulnerable to mental illness; and, WHEREAS, mental disorders result in staggering cost to society, estimated to be in excess of $249 billion . in direct treatment and support and indirect costs to society, including lost productivity; and, WHEREAS, Mental Illness is increasingly a treatable disability with excellent prospects for amelioration and recovery when properly recognized ; and, WHEREAS, families of mentally ill persons and those persons themselves have begun to join self-help groups seeking to combat the unfair stigma of the diseases , to support greater national investment in research, and to advocate an adequate continuum of care from hospital to community; and, WHEREAS the most shocking thing about mental illness is how little people understand it ; and, NOW, THERFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS hereby recognize October 7 - October 13 , 1990 as NATIONAL MENTAL ILLNESS AWARENESS WEEK as a way to educate the public , encouraging the media to use realistic portrayals rather than negative stereotyping; and replace stigma with community support . A motion was made by Mayor Pro Tem Hughes , seconded by Councilman Wible to approve the Proclamation as read . Vote was as follows : Mayor Akin , yes ; Mayor Pro Tem Hughes , yes; Councilman Wible , yes ; Councilman Martin , yes; Councilman Wright , yes ; Councilwoman Stemple , yes ; Councilman Simmons , yes ; Motion passed all in favor . ITEM NO. 3 - DISCUSS AND CONSIDER SECOND BOARD MEMBER APPOINTMENT TO NTMWD BOARD OF DIRECTORS: Councilman Simmons nominated Harry Tibbals , seconded by Mayor Akin. Vote as follows : Mayor Akin , yes ; Mayor Pro Tem, Hughes , yes; Councilman Wible , yes; Councilman Martin , yes ; Councilman Wright , yes ; Councilwoman Stemple , yes; Councilman , Simmons , yes . Motion passed , all in favor . ITEM NO. 4 - DISCUSS AND CONSIDER THREE APPOINTMENTS TO PARK AND RECREATON ADVISORY BOARD: Councilman Simmons placed the names of Scott Brown , Peggy Sewell and Willie Calverly into nomination. Councilman Wright placed the name of Mike -N.6*1 ' into nomination . Mayor Akin asked for a motion. Councilman Wright made a motion to appoint Steve Kohl to the Pks & Rec Advisory Board . No Second . Councilman Simmons made a motion to appoint Scott Brown , Peggy Sewell and Willie Calverly to the Board . Seconded by Mayor Pro Tem Hughes . Vote as follows : Mayor Akin , yes; Mayor Pro Tem Hughes , yes; Councilman Wible, yes; Councilman Martin , yes; Councilman Wright , yes; Councilwoman Stemple , yes; Councilman Simmons , yes . Motion carried , all in favor . ITEM NO. 5 - DISCUSS AND CONSIDER APPOINTMENT TO P&Z: Councilwoman Stemple placed the name of George Fournier into nomination . Councilman Wright placed the name of Ortie Messenger into nomination. A motion was made by Councilman Wright to appoint Ortie Messenger to P&Z. No second. Motion made by Councilwoman Stemple to appoint George Fournier to P&Z, seconded by Mayor Pro Tem Don Hughes . Vote as follows: Mayor Akin, yes; Mayor Pro Tem Hughes , yes ; Councilman Wible, yes ; Councilman Martin , yes; Councilman Wright , no; Councilwoman Stemple, yes ; Councilman Simmons , yes; Motion carried , 6 in favor 1 opposed . 9 ITEM NO. 6 - DISCUSS AND CONSIDER APPOINTMENT OF ALTERNATE MUNICIPAL COURT JUDGE: The City Manager advised that according to the City Charter , Section 3 , Municipal Court , the City Council " shall also appoint an Acting Judge of the Municipal Court in the absence or disability of the appointed judge." Mr . Dashner pointed out that the appointed judge had appointed her husband to preside in her absence and in his opinion , this amounts to nepotism. The Council needs to exercise its authority and appoint an alternate judge. After brief discussion , a motion was made by Councilman Wright to table this item, seconded by Councilman Simmons . Vote as follows : Mayor Akin , yes; Mayor Pro Tem Hughes , yes; Councilman Wible , yes ; Councilman Martin, yes ; Councilman Wright , yes ; Councilwoman Stemple, yes; Councilman Simmons , yes . Motion carried , all in favor . ITEM NO. 7 - DISCUSS AND CONSIDER RESOLUTION URGING THE START OF THE BIDDING PROCESS FOR BROWN STREET AND MCCREARY ROAD IMPORVEMENTS BY COLLIN COUNTY COMMISSIONERS: A statement by the City Manager advised that the City had been informed in writing by the Commissioners that the railroad signaling on both streets will take approximately eight (8) months to complete. The resolution being considered would urge the County Commissioners to start the competitive bidding process and award a construction contract immediately, constructing around the two railroad crossings . This action would enable the start of the project without the eight month delay. After discussion , a motion was made by Councilman Simmons to approve the resolution . Seconded by Councilman Wright . Before calling for the vote , the Mayor read the following resolution into the record : A RESOLUTION OF THE CITY OF WYLIE URGING THE COLLIN COUNTY BOARD OF COMMISSIONERS TO SOLICIT COMPETITIVE BIDS FOR THE CONSTRUCTION OF MCCREARY ROAD AND BROWN STREET IMPORVEMENTS AS SOON AS POSSIBLE FOR THE PURPOSE OF AWARDING A CONTRACT FOR ROAD IMPROVEMENTS. WHEREAS, th City Council of the City of Wylie and County Commissioners of Collin County have worked together for the past several years to bring about significant road improvements to McCreary Road and Brown St. ; WHEREAS, the City Council of the City of Wylie respectfully requests that Collin County Board of Commissioners consider soliciting competitive bids as soon as possible for the improvements program for McCreary Road and Brown Street ; WHEREAS, two (2) railroad crossings will be delayed for a period of approximately eight (8) months ; WHEREAS, the City Council of the City of Wylie urges Collin County Commissioners to start the bidding process and not delay this program until the railroad signals have been installed ; WHEREAS, the Wylie City Council strongly believes that the project can be bid and construction begin prior to the installation of the railroad signals . The vote was as follows : Mayor Akin , yes; Mayor Pro Tem Hughes , yes; Councilman Wible , yes ; Councilman Martin, yes; Councilman Wright, yes; Councilwoman Stemple, yes; Councilman Simmons , yes . ITEM NO. 8 - CONDUCT PUBLIC HEARING ON THE REZONING OF 2300 BLOCK OF N. SH78FROM RETAIL TO BUSINESS 1 : Public Hearing opened by Mayor Akin. Speaking in favor of the rezoning was Larry Kinzer , petitioner of 1638 Crooked Creek, Carrollton, /a owner of the property. Mr . Kinzer stated he had a client who was interested in leasing the property if rezoned. This being J .D. Zapata and Associates , an Engineering and surveying firm. They will provide a 250 foot buffer zone between the business and the Centennial subdivision , also providing a security fence. Ed Richie, Code Enforcement Officer for the City stated that the property was in actuality zoned B-1 , and the re-zoning should be shown as B- 1 with specific use, open storage and fenced . City' s fence ordinance does not allow for barbed wire fencing. There being no other speakers , the Public Hearing was closed by Mayor Akin . ITEM NO. 9 - CONSIDER/APPROVE ORDINANCE REZONING PROPERTY LOCATED IN 2300 BLOCK OF N SH78 FROM "R" TO "B-1" SPECIFIC USE OPEN STORAGE AND FENCED: A motion was made by Percy Simmons to approve the zoning of the above described property to "B-1 with Specific Use" with the stipulation of an 8 ft site barrier fence and 50 ft setback from the highway, seconded by Councilman Wright . Vote as follows : Mayor Akin , yes; Mayor Pro Tem Hughes , yes ; Councilman Wible , no; Councilman Martin , yes ; Councilman Wright , yes; Councilwoman Stemple, yes; Councilman Simmons , yes . Motion carried, 6 in favor , 1 opposed . Councilman Wright requested that P&Z review zoning in this area (SH78) and make any recommendations to Council . Mayor Akin asked that other businesses be reviwed to determine if they are abiding by the requirements of the zoning . ITEM NO. 10 - DISCUSS/CONSIDER ADOPTION OF ORDINANCE RECOGNIZING WYLIE FIRE DEPARTMENT AS DEPARTMENT OF CITY GOVERNMENT SUBJECT TO CITY CHARTERL STATE LAWy POLICIESr RULES AND REGULATIONS PROMULGATED BY LEGISLATIVE AND EXECUTIVE BRANCH OF CITY GOVERNMENT: The City Manager advised that this is an enabling ordinance to set department in motion. City Manager also noted that the City Attorney had written this ordinance. Written in compliance with state law and the City Charter . When the new Fire Chief is hired , he will fine tune and set up the specifics of the department. Discussion items: Paragraph E, to read " It shall be the duty of the Fire Chief/Fire Marshall to see that all laws , codes , and ordinances with regard to fire protection and fire safety are enforced within the City." Change Section 10 to read " . . . . a fine not to exceed the sum of Two Thousand Dollars ( ($2000 .00) for each offense, subject to fine schedule and each and every day any such violation shall continue shall be deemed to constitute a separate offense." Councilman Martin - Section 6 . Concerned about protection of City when fire department is on a call outside the City. Amend Section 6 at the end adding "Proper equipment to remain inside the City limits for the protection of the City of Wylie." Motion was made by William Martin to approve the Ordinance as amended , seconded by Percy Simmons. Vote as follows: Mayor Akin, yes ; Mayor Pro Tem Hughes , yes; Councilman Wible, yes ; Councilman Martin , yes ; Councilman Wright , yes; Councilwoman Stemple, yes; Councilman Simmons , yes . Motion carried , all in favor . ITEM NO. 11 - DISCUSS/CONSIDER APPROVAL OF ORDINANCE ADJUSTING WATER/SEWER/SANITATION UTILITY RATES AS APPROVED BY COUNCIL IN FY90791 BUDGET: The City Manager advised that these are the ordinances on water , sewer , sanitation rate adjustments as approved by the City Council in the FY 90/91 City Budget . All rates are scheduled to go into effect on November 1 , 1990 . Revenues are projected on this premise. The City Manager asked James Johnson, Director of Finance to give a presentation on the new rate structure. Mention was // made of the availability of a second meter for customers who have sprinkling systems , swimming pools , etc . Mr . Dashner stated that he wanted the City to make every effort to make the second meter availble to customers who wanted that service , in order to reduce their sewer charges . Mr . Dashner and Mr . Johnson advised that they are working with BFI (disposal company) on a recycling program for Wylie. Councilman Wright asked about the possibility of Christmas tree disposal , possibly shredding for compost . Also discussed was the possibility of bringing the City of Murphy into Wylie' s sewer treatment plant program. The City Manager directed to set-up meeting on this item with City of Murphy. A motion was made by Councilman Simmons to approve ordinances described above, second by Mayor Pro Tem Hughes . Vote as follows : Mayor Akin , yes; Mayor Pro Tem Hughes , yes; Councilman Wible , yes; Councilman Martin , yes ; Councilman Wright , yes ; Councilwoman Stemple, yes; Councilman Simmons , yes; motion carried , all in favor . ITEM NO. 12 -DISCUSS/CONSIDER PAYMENT OF $1080 TO HUNTER AND ASSOC. FOR ENGRG OVERSIGHT ON MUDDY CREEK SYSTEM PROJECT: The City Manager stated that this claim had been reviewed by City Staff Engineer and the Director of Finance and recommend payment of claim. Motion was made by Councilman Wible to pay said claim, second by Councilman Martin. Vote as follows : Mayor Akin , yes ; Mayor Pro Tem Hughes , yes; Councilman Wible, yes; Councilman Martin , yes; Councilman Wright , yes ; Councilwoman Stemple , yes; Councilman Simmons , yes; motion carried , all in favor . ITEM NO. 13 - DISCUSS/CONSIDER PAYMENT OF CLAIM TO SHIPLEY_ AND INHOFE FOR $5890 .47 FOR LEGAL COSTS ON LANDFILL CLOSURE: This claim has been reviewed by the City Manager and the Director of Finance. Recommended for payment. Motion was made and seconded to pay described claim. Vote as follows: Mayor Akin , yes; Mayor Pro Tem Hughes , yes; Councilman Wible, yes; Councilman Martin , yes; Councilman Wright , yes; Councilwoman Stemple, yes ; Councilman Simmons , yes; motion carried , all in favor . ITEM NO. 14 - DISCUSS/CONSIDER ACCEPTANCE OF INSURANCE BID FOR CITY OWNED AND OPERATED EQUIPMENT FOR ONE YEAR: As authorized by the City Council , the City solicited competitive bids for insurance coverage on City owned and operated equipment . Coverage amount is a total of $322 ,300 . After revieweing the bids , staff recommends acceptance of the bid made by Union Standard Insurance Co . for one (1) year at $3 ,706 with a $500 deductible. Premium cost last year was $3,784 . Motion was made and seconded to accept the bid from Union Standard Insurance Co . Vote as follows : Mayor Akin, yes; Mayor Pro Tem Hughes , yes; Councilman Wible , yes ; Councilman Martin , yes; Councilman Wright , yes; Councilwoman Stemple , yes ; Councilman Simmons; yes; motion carried , all in favor . ITEM NO. 15 - DISCUSS/CONSIDER LETTER TO TEXAS DEPT OF TRANSPORTATION REQUESTING ASSISTANCE ON POTENTIAL TRAFFIC SAFETY PROBLEM ON SH78 : City Manager has written a letter to Texas Department of Transportation requesting assistance in solving a potential traffic safety problem on SH78 regarding ingress and egress to Brookshires , Eckerds and the hospital . City Manager requests approval of Council before forwarding to Texas Dept . of Transportation. Motion made by Councilwoman Stemple and seconded by Councilman Martin to approve letter as described . Vote as follows : Mayor Akin, yes; Mayor Pro Tem Hughes , yes; Councilman Wible, yes ; Councilman Martin , yes; Councilwoman Stemple yes; Councilman Simmons , yes; motion carried , all in favor . /z ITEM NO. 16 - DISCUSS/CONSIDER ACCEPTANCE "AS BUILT" DRAWINGS FOR PHASE I MARTINEZ ADDITION (ECKERD' S DRUG STORE) AND APPROVE 10% MAINENANCE BOND: The City Manager forwarded a request to the City Council to approve "as built" drawings for Phase I of Martinez addition. A 10% maintenance bond in the form of a cashier' s check has been posted by the contractor for the installation of the infrastructure requirements which is water , sewer system. This is an after the fact item; however , the CM has reviewed the plans and feels confident the City can accomodate the water and sewer requirements. Another concern however , is ingress and egress to SH78 . Also concern about 10% maintenance bond . Discussion about increasing amount of maintenance bonds for future development. Motion made by Councilman Wright to accept and approve as described , seconded by Councilman Wible. Vote as follows : Mayor Akin , yes ; Mayor Pro Tem Hughes , yes ; Councilman Wible, yes; Councilman Martin , yes ; Councilman Wright , yes; Councilwoman Stemple yes ; Councilman Simmons , yes; motion carried , all in favor . ITEM NO. 17 - DISCUSS/CONSIDER GOALS AND OBJECTIVES FOR CREATION OF TWO NEW DEPTS OF CITY GOVERNMENTL FIRE DEPTAND PARKS & RECREATION DEPT: City Manager stated that the proposed goals are broadly stated , calling for a 3-5 year strategy for full time professionally staffed and trained fire department which will include the preparation of a plan for staffing patterns , equipment , fire station requirements and budget . Work within the framework of existing volunteer department , develop operation policies for fulltime department prepare pay plan , prepare and access equipment and physical plant needs with projected costs . Recommended entry level salary $31 ,000 annually. Parks & Recreation department; 3-5 year strategy for comprehensive program working with Advisory Board to develop needs assessment for future. Plan and develop recreational activities with the City as primary sponsor ; prepare pay plan to integrate into City' s salary structure for needed manpower , access and inventory all pars and recreation facilities currently available; prepare capital needs list for physical facilities and equipment with projected budgetary costs . Recommended entry level salary $26 ,500 annually. Discussion included a key rate study, cost effective study, availability of parks facilities to all citizens , programs for all age levels in City; 5-10 year strategy rather than 3-5 year for both Fire Dept and Parks & Recreation Dept . Councilman Wright asked this matter be remanded to a work session. Also stated he would like to see the Council come up with policy, objectives and goals. City Manager stated that sponsorship by the City of some activities of the Parks Dept should be a revenue producer for City. Councilman Wright made motion to remand item to workshop. No second . Councilman Wright rescinded his motion . Motion made by Councilman Simmons to approve with change "5-10 year strategy" in both Fire Dept and Parks & Recreation Dept . , motion seconded, with vote as follows : Mayor Akin , yes ; Mayor Pro Tem Hughes ,yes; Councilman Wible, yes ; Councilman Martin , yes; Councilman Wright , yes ; Councilwoman Stemple, yes ; Councilman Simmons , yes; motion carried , all in favor . ITEM NO. 18 - DISCUSS/CONSIDER APPROVING NEW AND REVISED AGREEMENT BETWEEN WSA AND CITY OF WYLIE PERTAINING TO CITY ' S PARKS & RECREATION FACILITIES FOR SIX MONTHS PERIOD: The City Manager recommended tabling of this item. Motion was made and seconded to table; vote as follows : Mayor Akin, yes; Mayor Pro Tem Hughes , yes ; Councilman Wible, yes ; Councilman Martin , yes; Councilman Wright , yes; Councilwoman Stemple, yes ; Councilman Simmons , yes; motion carried , all in favor . /J ITEM NO. 19 - DISCUSS/CONSIDER RECOMMENDATION FROM WYLIE VFW ON NAMING OF FUTURE CITY STREETS: The local VFW has forwarded the name of Forrest Ross who attended Wylie High School and was a Korean War casualty as their recommendation for any future street name. Petition had been made to name a street near Lake Lavon either Dale Road or Eastfork Road . A list of names were given to the City as follows for consideration when naming future streets in the City: from WW II , Noble Lee Birket , James Arlie Wilson , Johnny Rogers and Clifton Scott; from the Korean War, Forrest Ross , from Viet Nam, Jerry Combest and Lanny Hale. Discussion offered the name of Lanny Hale for the street to be named; however ensuing discussion held that the name should be reserved to be used with an adjacent or nearby street named for Jerry Combest since the two were close friends and died in service to their contry within a few weeks of each other. Motion was made and seconded to name the street near Eastfork Park Forrest Ross Road , vote as follows : Mayor Akin , yes; Mayor Pro Tem Hughes , yes ; Councilman Wible, yes ; Councilman Martin , yes; Councilman Wright , yes; Councilwoman Stemple, yes; Councilman Simmons , yes; motion carried , all in favor . ITEM NO. 20 - DISCUSS/CONSIDER USE OF REMAINING 1990 STREET PROGRAM FUNDS AND DETERMINE STREET IMPROVEMENTS FROM STREET INVENTORY LIST AND SURVEY AS RECOMMENDED BY CITY MANAGER: City started with $2000 ,000 for street reconstruction projects, as of this date, $130 ,00 has been spent , Council should decide how to spend the remaining $70 ,000 . Discussion included Cottonbelt , Keefer , and Akin Lane. Recommendation is to use remaining money for general maintenance and repairs of streets throughout the City. This would include strip patching , pot hole repair and shoring shoulders . A presentation by Director of Public Works, Bill Flowers described a pothole repair machine that had been demonstrated . Mr .Flowers recommended the city lease the machine to repair potholes , based on the superior performance it provides . A motion was made and seconded to approve this item as recommended by the City Manager; vote as follows : Mayor Akin , yes ; Mayor Pro Tem Hughes , yes; Councilman Wible, yes; Councilman Martin , yes ; Councilman Wright , yes; Councilwoman Stemple, yes ; Councilman Simmons , yes; motion carried , all in favor . ITEM NO. 21 - DISCUSS/CONSIDER ACCEPTANCE OF PLANS AND SPECIFICATIONS FOR NEWPORT HARBOR FORCE MAIN AND GRAVITY FLOW SEWER LINE AND AUTHORIZE COMPETITIVE BIDDING FOR CONSTRUCTION: Newport Harbor section represents the final phase of three phases of new sewer line construction. Estimated cost by engineer of this system is approximately $340 ,000 . The City should have approximately $340 ,000 left of the original bonds total $2 ,000 ,000. Presentation was made by representative of engineering firm. Motion was made by Councilman Simmons , seconded by Councilwoman Stemple to go out for bids on this project; vote as follows : Mayor Akin , yes ; Mayor Pro Tem Hughes , yes; Councilman Wible, yes; Councilman Martin , yes ; Councilman Wright , no; Councilwoman Stemple , yes ; Councilman Simmons , yes; motion carried, 6 in favor , 1 opposed . ITEM NO. 22 DISCUSS/CONSIDER APPROVING NEWPORT HARBOR SEWER PROJECT ENGINEEERING PROPOSAL WITH SHIMEK JACOBS & FINKLEA: Total estimate for this project is $340 ,000 . $38 ,795 for engineering revisions and right-of-way acquisitions if needed and all other services stipulated in the proposal . $22 ,000 of the $38 ,795 will go to the engineering company. By virtue of the fact this company has been working on this project for two or more years , and the Council approved in the September 25 meeting that they continue , City Manager has executed the agreement in order to expedite design plans for competitive bidding ; however , Council does need to approve the engineering proposal . Motion was made by Councilman Wright , seconded by Councilman Wible, vote as /y follows : Mayor Akin, yes; Mayor Pro Tem Hughes , yes; Councilman Wible , yes ; Councilman Martin , yes ; Councilman Wright , yes; Councilwoman Stemple , yes; Councilman Simmons , yes; motion carried , all in favor . ITEM NO. 23 - DISCUSS/CONSIDER APPOINTMENT OF CONSTRUCTION CODE BOARD : Terms of office for this board have all expired , must appoint or re-appoint board members . Those willing to serve again are Kevin St .John, John Seeley, Frank Spingola , Mark Stafford and Kevin Altimier . Names placed into nomination were Mike Hawkins , Brian Chaney and Ron Heffner . Motion was made by Councilman Wright to appoint those named above to the Construction Code Board . Second by Councilman Simmons . Vote as follows : Mayor Akin , yes ; Mayor Pro Tem Hughes , yes ; Councilman Wible , yes ; Councilman Martin , yes; Councilman Wright , yes ; Councilwoman Stemple, yes ; Councilman Simmons , yes; motion carried , all in favor . ITEM NO. 24 - DISCUSS/CONSIDER BUILDING CODE AS IT APPLIES TO WOOD TRUSSES: Kevin St . John spoke in favor of allowing wood trusses on 24" centers vs . 16" centers as our ordinance specifies . Mr . St . John cited studies that show 24" centers are as strong and are not inferior to 16" centers . Craig Swaner of 511 Jefferson spoke opposing the 16" centers from the safety standpoint according to firefighters . A motion was made by Councilman Simmons to allow the 24" centers for wood trusses , seconded by Mayor Pro Tem Hughes ; vote as follows : Mayor Akin , yes ; Mayor Pro Tem Hughes , yes ; Councilman Wible , no ; Councilman Martin , yes ; Councilman Wright , no ; Councilwoman Stemple , yes ; Councilman Simmons , yes ; motion carried , five in favor , two opposed . ITEM NO. 25 - CITIZEN PARTICIPATION: Rodney McDaniel addressed the Council concerning the Branch Fire Dept . asking for additional time to acquire dispatching services for the Branch Volunteer Fire Dept . City will assist in this matter . Steve Bisbee , 301 W. Kirby addressed Council concerning the Wylie VFD. Choya Tapp addressed Council concerning Wylie VFD, telling Council they " need to get their act together" . Roy Taylor addressed Council concerning the Wylie Sports Association . ITEM NO. 26 - ADJOURN: Mayor Pro Tem Hughes made motion to adjourn, second by Councilman Wible. Meeting adjourned at 11: 39 PM. John Akin , Mayor ATTEST: Carolyn Jones , City Secretary Respectfully Submitted Barbara LeCocq, Secretary CALLED CITY COUNCIL MEETING WORK SESSION - MINUTES OCTOBER 16 , 1990 The City of Wylie City Council met in a called work session - on Tuesday, October 16 , 1990 at 7 :00 P .M. in the Council Conference Room of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Don Hughes , Council Members Steve Wright , Pat Stemple, Percy Simmons , William Martin and Chuck Wible, City Manager Bill Dashner , Secretary Anita Collins , City Secretary Carolyn Jones arrived late . During this work session the following items were discussed, TML Handbook for Mayors and Council Members Official City Map Comprehensive Master Plan - objectives and goals Bids for Master Map & Zoning Joint meetings with Planning and Zoning Cemetery lots Emergency Preparedness North Texas Council of Government services The next work session will be on the Third Tuesday in November and will be discussing the Home Rule Charter and Rules of Order for Council meetings . There being no other items for discussion , a motion was made to adjourn with all in favor . John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary /6 CITY COUNCIL MEETING MINUTES OCTOBER 23 , 1990 The City of Wylie City Council met in regular session on Tuesday, October 23 , 1990 at 7 : 00 P.M. in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin , Mayor Pro Tem Don Hughes , Council Members Chuck Wible, Steve Wright , Pat Stemple, William Martin , and Percy Simmons, City Manager Bill Dashner , City Secretary Carolyn Jones , Engineer Paul Beaver , Public Works Director Bill Flowers . Mayor Akin called the meeting to order and Rev. Brandish gave the invocation which was followed by the Pledge of Allegiance . APPROVAL OF MINUTES OF AUGUST 21ST AND SEPTEMBER 11 , 1990 MEETINGS: Councilman Wright corrected the minutes of September 11 , 1990 to delete the last paragraph beginning "Councilman Simmons asked Mayor Akin where the City Manager was -etc .- and ending with the sentence Mayor Pro Tem Hughes stated that without the City Manager --etc .---. Councilman Wright stated this is in accordance with the new procedures handed out a few weeks ago . A motion was made by Mayor Pro Tem Hughes to approve the minutes with the above correction. Seconded by Councilman Wible . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Coucnilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL AND PRESENTATION OF A PRFOCLAMATION FOR NATIONAL DRUG FREE AMERICA WEEK - WEEK OF OCTOBER 21 - 28 , 1990 : Mayor Akin read the Proclamation into the record as follows : WHEREAS, National Red Riobbon Campaign will be celebrated in every community in America during "RED RIBBON WEEK" , October 21 - 28 , 1990 ; and , WHEREAS, President Bush and Mrs . Bush are the Honorary Chairman of this community focus on a DRUG FREE AMERICAN; and, WHEREAS, THE NATIONAL FEDERATION OF PARENTS FOR DRUG YOUTH, and the DRUG FREE YOUTH OF AMERICA are coordinating this grass roots community awareness program in a united effort with NFP representatives in each state , in cooperation with NATIONAL DRUG FREE AMERICA WEEK, October 21 - 28 , 1990 , and WHEREAS, the City of Wylie further commits its resources to ensure the success of the RED RIBBON CAMPAIGN; and, NOW, THEREFORE, I , JOHN W. AKIN , MAYOR OF THE CITY OF WYLIE, TEXAS, AND ON BEHALFT OF THE WYLIE CITY COUNCIL, do hereby proclaim october 21 - 28 , 1990 as RED RIBBON WEEK AND DRUG FREE AMERICA and encourage all citizens to participate in drug awareness and dru education activities , making a visible statement that we are strongly committed to drug free , healthy lifestyles , and encourages all citizens to pledge; "THE CHOICE FOR ME , DRUG FREE! " . A motion was made by Mayor Pro Tem Hughes to approve the proclamation for DRUG FREE AMERICA week October 21 - 28 , 1990 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor ,a Councilman Martin -in /7 favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSENT AGEDNA: The consent agenda consisted of the following : (a) approval of payment of claim Number 6 to Contractor Pate & Pate for construction work on Phase II Sewer project in the amopunt of $170 ,994. 26 (b) authorizing competitive bids for three (3) new 1990 oir 1991 Police Package Units and approve specifications (c) receiving competitive proposals for preparation of an official City Zoning Map (d) approval of Interlocal Governmental Agreement between City of Wylie and the City of Allen for use of equipment and manpower . A motion was made by Councilman Simmons to approve the Consent Agenda as listed above . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER INTERLOCAL GOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICE WITH THE CITY OF MURPHY: City Manager Bill Dashner stated that staff recommends rejection of this agreement for the following reasons : 1 . The City of Wylie has employed one (1) animal control officer and one (1) animal control patrol vehicle. Ths individual is on call 24 hours a day. 2 . The new animal shelter at time is at full capacity with dogs and cats 3 . The City of Wylie animal control division is currently doing an adequate job to serve the City of Wylie. We cannot pull this unit over to another city and let our City' s needs go . 4 . It is approximately a ten (10) mile round trip to Murphy. Our citizens would have to wait for service while our unit was serving another city. A motion was made by Councilman Martin to deny the Animal Control Agreement between the City of Wylie and Murphy. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor ,a nbd Councilman Simmons - in favor . This motion carried with all in favor . APPOINTMENT OF ALTERNATE MUNICIPAL COURT JUDGE FOR THE WYLIE MUNICIPAL COURT SYSTEM: The Council ask for an opinion from the City Attorney regarding the possible conflict of interest if a husbanc and wife team were used to cover the posistions of Judge and Alternate Judge . A motion was made by Mayor Pro Tem Hughes to table until a legal opinion is givein on this possible conflict . Seconded by Councilman Wright . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . to table. /� CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NO. 84-12 , THE FEE ORDINANCE CITY OF WYLIE, SECTION 7 , MAINTENANCE BONDS : City Manager Bill Dashner stated that this ordinance will increase the maintenance bond to 100% . At present our Fee Ordinance has the maintenance bond set at .. 10% which will not cover the expenses should anything go wrong . A motion was made by Councilman Wright to approve the ordinance amending Ord . No . 84-12 - The Fee Ordinance, Section 7 increasing the maintenance bond to 100% . Seconded by Councilman Wible . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin -in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER THE ADOPTION OF AN ORDINANCE UPDATING SERVICE CREDITS FOR THE TEXAS MUNICIPAL RETIREMENT SYSTEM: Motion was made by Mayor Pro Tem Hughes to approve the ordinance Updating Service Credits for the Texas Municipal Retirement System. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER SUPPLYING WATER TO OURSIDE CITY LIMITS FOR COMMERCIAL WATER ACCOUNT: This water servie would be to a nursery consisting _ of 14 greenhouses . Staff first thought this would be an ideal customer , but at this time feels there is a need to have the system looped prior to adding a high user such as this . A motion was made by Councilman Simmons to table at this time. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carrid with all in favor . to table. CONSIDER FORMAL RECOMMENDATION FROM PROFESSIONAL PARK PLANNER ON PROPOSED SANDEN PARK DEDICATION LAND: This report shows much of this land to be in the flood plain and if the land were used for a grant application to Texas Parks and Wildlife for matching fund , the appraisal for flood prone land would not create enough monies to develop a budget to build usable facilities . A motion was made by Councilman Simmons to table this item as well as the next item (Eastfork Park) , and to send both to the Park Board for review. Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor to table . CONSIDER AWARDING COMPETITIVE BID FOR YEARLY CONTRACT FOR GASOLINE AND DIESEL FUEL: Staff received one bid out of the twelve vendors that were sent bidding packets and information. The one bid is from Reeder Distributors as follows : Rack Price Mark up Bid Price Premium Unleaded $1 .0257 gal . $ .045 gal . $1 .0707 gal . Regular Unleadede $ .9366 gal . $ .045 gal . $ .9816 gal . Diesel $1 .0301 gal . $ .045 gal . $1.0751 gal . A motion was made by Councilman Martin to accept the bid from Reeder Distributors . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER AUTHORIZING NECESSARY ACTION TO UTILIZE $45 ,257 .36 OF PERIMETER STREET FEES TO RECONSTRUCT PHASE I OF AKIN LANE: This reconstruction is for twenty seven foot street and drainage improvements by force account labor . City Manager Bill Dashner stated that he believes the city forces can do Akin , Kieefer , Cottonbelt and Kreymer within the next few months . A motion was made by Mayor Pro Tem Hughes to approve the authorization to utilize $45 ,257 .36 of Perimeter Street Fees to reconstruct Phase I of Akin Lane . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER RECONSTRUCTION OF KREYMER ROAD FROM STATE HIGHWAY 78 TO BRONW STREET: This reconstruction would also incloude drainage improvements in conjunction with Centennial Homes , Inc . A representative from Centennial Homes stated that they were very much interested in seeing this street work done. We would consider loaning the City $25 ,000 with no interest and we would draw permits agbainst this as needed . Our economic interest can not afford $25 ,000 . at this time. City Manager Bill Dashner stated that this work would be done with city labor and equipment . A motion was made by Mayor Pro Tem Hughes to table . Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor ,and Councilman Simmons - in favor . This motion carried with all in favor to table. SPECIAL REPORT ON RECONSTRUCTION COST OF KEEFER STREET: This reconstruction of Keefer also included drainage work improvements . Approximate cost for Keefer is $18 ,000 .00 and has a 2" asphalt overlay that will be put down on Thursday. CONSIDER RECONSTRUCTION OF COTTONBELT STREET WITH DRAINAGE IMPROVEMENTS: Staff recommends moving on to Cottonbelt as soon as Keefer Street is completed . The approximate cost of Cottonbelt is $22 ,000 .00 . A motion was made by Councilman Martin to approve the reconstruction and drainage improvements for Cottonbelt Street . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible -in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . FINANCIAL REPORT ON RECONSTRUCTION WORK ON KEEFER, COTTONBELT L KREYMER AND AKIN STREETS: City Manager Bill Dashner stated that reconstruction with drainage on Keefer is $18 ,000 (city Share) , reconstruction with drainage on Cottonbelt is $22 ,000 (city share) , and Akin Lane reconstruction with drainage, Phase I is $40 ,000 (Perimeter Street Fund of $46 ,000) and Kreymer Lane reconstruction with drainage will be $50 ,000 ($25 ,000 city share and $25 ,000 Centennial Homes) . This is a total of $136 ,000 for Keefer , Cottonbelt , Kreymer and Akin Streets . This does not have any hold on the continuing program on pot holes . �O CONSIDER USE OF PERIMETER STREET FEES TO CORRECT DRAINAGE PROBLEMS CREATED BY DEVELOPMENT OF WESTGATE CENTER: Sanden Corp. is experiencing a large amount of runoff from Westgate Center . Staff would like authorization to try and resolve this problem with an open drainage area . A motion was made by Councilman Martin to table . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carrid with all in favor to table. UNAUDITED FINAL FINANCIAL REPORT FOR BY 89/90L PERIOD ENDING SEPTEMBER 30L 1990 : This report was prepared by City Finance Director and consist of year end fund balances in all major fund accounts , summaries of all major acounts comparisons between what was budgeted and what was actually expended and departmental expenditure summary by fund account as budgeted and a report on City investments showing the amount of the investment and the depository or governmental investment entity as of September 30 , 1990 . The total budget for FY 89/90 was $5 , 175 ,000 and total expended was $5 ,060 ,735 . CONSIDER PROGRESS REPORTS ON OUTSTANDING CITY PROJECTS AND PROGRAMS: City Manager Bill Dashner gave the following report : 1 . Brown Street/McCreary Road construction project - bids to be taken in November 2 . Sanitary Sewer System Improvements , Phase I and Phase II are on schedule to be completed as planned and bids will be taken on the last phase (Newport Harbor) soon. 3 . Industrial Pretreatment Program - working with NTMWD on contract 4 . Landfill - Texas Department of Public Health wanted the City to continue to have the monitoring wells 5 . Service Center relocation and under ground storage tank reomoval - staff is doiong real estate appraisals on sevgeral sites 6 Chemical Recycling Super Fund Program Ligitation and frport from State - have made contact with people involved , but do not know if they are ready to settle 7 . Bids on : Ambulance Service - are receiving bids now City Equipment - processing of bidding Police Units - processing of bididng Workman' s Comp Insurance - - open bids on Nov . 6th Group Medical Ins . - due to low increase staying with same firm 8 . Economic Development Board - we are waiting for the paper work to be returned from Austin 9 . Employment of Fire Chief and Parks & Recreation Director - accepting applications 10 . Ad Valorem Tax Statements - all statements have been mailed . dl REPORT FROM CITY MANAGER TO CITY COUNCIL DATED OCTOBER 11 , 1990 , SECTION 8 OF THE CITY CHARTER PROHIBITIONS AS REQUESTED BY COUNCILMAN WRIGHT: Councilman Wright made a presentation of his interputation of the City Charter and the Council making injuiries . Staff interputation of this section of the Charter is that the Council as a whole may make inquiries , but no individual Council Members . After some discussion, it was noted that this was getting into personnel and should not be discussed in an open meeting . Councilman Martin made a motion to move this into Executive Session at the earliest possible date . Seconded by Councilwoman Stemple. Councilman Wright stated that he objected to the Executive Session. Mayor Akin called for a vote on the motion . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with six (6) in favor , and one (1) against . CITIZEN PARTICIPATION: Jim Swartz - 506 W. Jefferson, and Bud Naish - 512 Rustic Place, addressed the Council on their interpretation of the Home Rule Charter on Council inquiries . David Young - 401 Fleming came forward to address the Council on personnel and was asked to go through proper channels . Choya Tapp - 2250 Sachse Rd . - addressed the Council on the City Manager/Council type of government . There being no other matters for discussion , a motion was made to adjourn with all in favor . John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary PLANNING AND ZONING MEETING MINUTES NOVEMBER 5 , 1990 The City of Wylie Planning and Zoning Commission met in regular session at 7: 00 p .m . on Monday , November 5 , 1990 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law . Those present were Chairman Bart Peddicord , Vice Chairperson Cecelia. Wood , Richard Eckman , Robert Flint and new member George Fournier . Staff members present were Director of Community Development and Planning Ed Richie , City Secretary Carolyn Jones and Secretary Sandy Stevens . City Secretary Carolyn Jones administered Oath of Office to new member George Fournier . CONSIDER APPROVAL OF MINUTES OF THE OCTOBER_1 , 1990 MEETING . There being no corrections made to the minutes , Robert Flint made a motion to approve them as they stand . Richard Eckman seconded the motion . Motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR A ZONE CHANGE FROM "A" , AGRICULTURAL , TO "PD" , PLANNED DEVELOPMENT , OF PART OF A 30 ACRE TRACT OF LAND LOCATED IN THE E . C . DAVIDSON SURVEY , ABST . 266 AS RECORDED IN VOL . 671 , PAGE 720 OF THE COLLIN COUNTY _DEED RECORDS AS REQUESTED BY MARK KERSTEIN . Present to speak in favor of the zone change was Mark Kerstein of 971 Red Cedar Way in Coppell , Texas . Also present to speak in favor of the zone change was Elliot White who is employed by Senator Bentsen to finish Westgate Way and its thoroughfares . Present to speak against the zone change was Cheryl Edwards of 613 Andersonville Lane . Also present to speak against the zone change were Bob Graf of 615 Andersonville and Jim Schumbeck , a member of Texans United in Dallas which is a statewide environmental group . Vice chairperson Cecelia Wood made a motion to recommend approval to the City Council for a zone change from Agricultural to Planned Development with the recommendation they research the environmental aspects of the area . Robert Flint seconded the motion . Motion carried with Chairman Peddicord and George Fournier voting for and Richard Eckman voting against the change . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR PRELIMINARY PLAT OF OAK RIDGE ADDITION . Robert Flint made a motion to recommend approval to the City Council for the preliminary • 023 plat of Oak Ridge Addition . George Fournier seconded the motion . Motion carried with all in favor . RECESS REGULAR BUSINESS MEETItj . Chairman Bart Peddicord announced a five minute recess and extended an invitation to the workshop after the recess to anyone interested . CONVENE FOR WORKSHOP TO DISCUSS DEVELOPMENT ORDINANCES, INCLUDING BUT NOT LIMITED TO ZONING, SUBDIVISION , LANDSCAPE , SIGNAGE AND LAND USE PLANNING , INCLUDING BUT NOT LIMITED TO MAPPING AND COMPREHENSIVE PLANNING. The members discussed a need for regular work sessions to discuss goals for quality development as Wylie grows . The adoption of a landscape ordinance and updating the sign and specific use ordinances were also discussed . Developing subcommittees within the Planning and Zoning Commission to study particular facets of ordinances or items was suggested . The development of a matrix system for the zoning ordinances was discussed . Not accepting written material presented during the meetings by speakers , due to the members lack of time to review it properly , was also covered . Setting a deadline for such material to be received by the Community Development and Planning office was discussed . ADJOURN, Vice chairperson Wood made a motion to adjourn . George Fournier seconded the motion . Motion carried with all in favor . 1:0?4gl PARK BOARD MEETING MINUTES OCTOBER 8, 1990 The City of Wylie Park and Recreation Board met in regular session on Monday October 8, 1990 at 7:00 p. m. in the Council Chambers of the Municipal Complex. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Bryan Glenn, Vice Chairman B. J. Upshaw, Board Members Charles Stetler and John Burns, Director of Planning and Engineering Paul Beaver, Parks Maintenance Foreman Philip Bounds, and Secretary Lisa Keith. , Chairman Bryan Glenn called the meeting to order. APPROVAL OF THE 09-24-90 MEETING MINUTES: There being no changes, additions, or deletions Charles Stetler motioned to accept the minutes as written. Motion seconded by B. J . Upshaw and carried with all in favor. REVIEW AND DISCUSS THE 90/91 BUDGET: The board reviewed the budget enclosed in the packet. Bryan Glenn asked why so much money was allocated for insecticides and pesticides, was it that expensive? Philip Bounds said, it is high. RECOMMENDATION TO CITY COUNCIL TO APPROVE REPAIRS/ IMPROVEMENTS TO KIRBY PARK: John Burns said he noticed there was close to $14, 800. in the park improvement fund, and asked if the repairs to Kirby Park would be allocated from this fund. John Burns motioned to recommend to City Council that the needed repairs be made to Kirby Park at an estimated cost of $880. Bryan Glenn amended the motion to say. . . . and improvements to trim the trees and add security lights. B. J. Upshaw seconded the motion. Motion carried with all in favor. PLANNING AND DISCUSSION OF A "SPRING - THING": Bryan Glenn said, since our fall fest was a fiasco, I thought we needed to go ahead and start planning for Spring events. John Burns said, I am going to talk to each .individual as far as helping coordinate this thing. It should be geared towards beautification through parks or sports activities, rather than a carnival type set up. I don' t think the community would give their support again. I will be calling each of you individually to find out your ideas on what we should do. There was some discussion of when to hold a festival , in the Spring, or to delay it for approximately one year. John Burns said, I will talk to some organizations and get a target date, and check the entire community calendar. GENERAL DISCUSSION: Bryan Glenn asked if anyone knew if the golf tournament was still going on. B. J. Upshaw said, last I heard it' s still going. I talked to David Orr last week sometime, he said it was still going. Bryan Glenn updated the board on the status of the baseball tournament, and asked for the board' s input on embroidered t-shirts for $275. or transfer shirts for $200. John Burns asked what the status was on City Council appointing more Board Members. Paul Beaver said that he thought the item was on their next agenda. John Burns asked if the Park Board would have any part of the interviewing or have any involvement in the selection process. John Burns said, I have kids dying to play volleyball in the sand pit, when will it be ready? Philip Bounds said, it is ready now. Bryan Glenn informed the board that he changed the meeting schedule to meet once per month on the fourth Monday of each month. ADJOURN: There being no other business or discussion B. J. Upshaw motioned to adjourn. The motion was seconded and carried with all in favor. Bryan Glenn, Chairman Respectfully Submitted, Lisa Keith, Secretary y, `J//ic'e off` the Illagor ►: ,w hi; gitr, Trxas • 11211 tOttantat C-: ;2.. WHEREAS, T. F. Birmingham and his wife to F. ate Hattie A. a suitable memorial for their son Franklin Ovid Birmingham, Birmingham established a trust their oldest son, who died October 9 forgotten,ldest but alsoo 9, 1911, not onlyshallnot behes whose lives that in doing so theymaybe that assistance to advantagesoter which msgharet otyet etheto bebeenjoyed in of in to yea offering to them WHEREAS, the Birminghams believed available; and, facilities for the instructions is an ongoing and domesticof boys and needn for adequatenn advancedom economy and teachinggirls in manual training Chemistry; and, advanced American History and WHEREAS, the Birminghams chose Wylie benefactor of these enhancements toexisting benefactor ndent School District to be thel domestic economy, advanced American programs for manual Chemistry; and, History, and advanced IHEREAS, the Birminghams Mayor rm g established a board of the City of Wylie, trustees consisting of the Wylie, Christian and one member from each of four churches inChurch,yli and thehC First Church, the Baptist Cf trust assets and U Methodistited Church Church,t the Catholic and,thetve Trust hase succeeded insure ies roperst to , to oversee the corpus proper expenditure of trust income; for over forty eight years, satisfy the Trust goals )W, THEREFORE, I , JOHN proclaimE November AKIN, MAYOR OF THE CITY OF 16th & 17th, 1990 WYLIE,HA NDAS doS heeby Anniversary honoringas BIRMINGHAM LAND TRUST Anniversary the Family members of T. 50th. in the City of F. ande Hattie A. Wylie, Texas. Lk witness wfieteof Li Slave &leant° set caused m Siang and caused tSus seat to Ge affixed JOHN W. AKIN, MAYOR ATTEST: Carolyn Jones, Cit • DATE: Hove e Y Secretary 4 i . s,, ...,... 9f ce o f t#4e mayor 1111 Or. p Trxas rot tam atton WHEREAS, the Christian Care Center has been established to help citizens in our Community and this is the Third (3rd) Annual Christian Care Week; and WHEREAS, the Christian Care Center is seeking donations for staples , and each Church and each citizen of the community will be asked to donation certain items; and, WHEREAS, the Christian Care Center is requesting the week 'of November 15th thru November 22nd, 1990 to be CHRISTIAN CARE WEEK benefiting Wylie Community Christian Care Center; and NOW, THEREFORE, I , JOHN W. AKIN, MAYOR of the City of Wylie in the State of Texas , do hereby proclaim the period of November 15th thru November 22nd as CHRISTIAN CARE WEEK benefiting Wylie Community Christian Care Center, with special activities and benefits each day of this week. Jn WLtnEii W/ttt1Of J have &leanto set my hand and caased t i scd' to to affixed. JOHN W. AKIN, MAYOR AT TEST: Carolyn Jones, City Secretary DATE: November 13. 1990 k 441, ,, r r , Nfr r 4 x 4 . J • GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue,Suite 800,Chicago,Illinois 60601 312/977-9700•Fax:312/977-4806 October 26 , 1990 For information contact: NEWS RELEASE Fred Lantz (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: CITY OF WYLIE by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR) . The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: JAMES E. JOHNSON, DIRECTOR OF FINANCE The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,200 government finance professionals with offices in Chicago, Illinois, and Washington , D.C. - 30 - WASHINGTON OFFICE 1750 K Street,N.W.,Suite 200,Washington,D.C.20006 202/466-2750•Fax:202/429-2755 a9 . " fr@iE ;I . . GOVERNMENT FINANCE J OFFICERS ASSOCIATION 180 North Michigan Avenue,Suite 800,Chicago,Illinois 60601 312/977-9700• Fax:312/977-4806 October 26 , 1990 The Honorable Chuck Trimble Mayor City of Wylie P.O. Box 428 Wylie, Texas 75098 Dear Mayor Trimble: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended September 30, 1989 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management . When a Certificate of Achievement is awarded to a government , an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for : James E. Johnson , Director of Finance. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about ten weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement . To assist with this, a sample news release and the 1989 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION Frederick G. Lantz Assistant Assistant Director/Technical Services Center FGL/kas Enclosures WASHINGTON OFFICE 1750 K Street,N.W.,Suite 200,Washington,D.C.20006 202/466-2750•Fax:202/429-2755 • V D PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recognized for their outstanding accom- plishments. If you would like a formal presentation of the Certificate of Achievement plaques, you should contact your GFOA State Representative. Your representative's mailing address and phone number is as follows: South W. K. (Bill) Thompson Assistant City Controller City of Houston 901 Bagby Street Houston, Texas 77001 713/658-4428 North Jorge Cruz Aedo Finance Director City of Temple 3 North Main Street Temple, Texas 76501 817/770-5613 V/ s s e e The Government Finance Officers Association of the United States and Canada presents this AWARD OF FINANCIAL REPORTING ACHIEVEMENT to: r JAMES B. JOHNSON DIRECTOR OF FINANCE 115 CITY OF WYLIE, TEXAS The Award of Financial Reporting Achievement is presented by the Government Finance Officers Association to those individuals who have been instrumental in their government unit achieving a Certificate of Achievement for Excellence in Financial Reporting. A Certificate of Achievement is presented to those government units whose annual financial reports are judged to adhere to program standards and represents the highest award in government financial reporting. �.fieA Executive Director /+ • Date OCTOBER 26, 1990 pM E M 0 R A N D U M DATE: October 29, 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage .74144014 . RE: Discuss and Consider Sol 'citation for Competitive Bids for Asphalt Overlay Work for On Going Street Reconstruction Program for One (1) Year Currently the City is doing all reconstruction work with City Employees except the overlay work. The City does not have an overlay machine and all the work to date has been contracted out . Authorization is requested to solicit competitive bids for the vendor to provide manpower and equipment to do the overlay work on Akin Lane, Kreymer Lane and other streets that are done within the next year . Bids will be solicited on tonnage of asphalt put in place. MEMORANDUM DATE: November 6, 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager /441, . RE: Discuss and Consider the of Acting Judge of the Wylie Municipal 1Court tand Receive And Acknowledge Formal Legal Opinion from City Attorney on this Action Attached is a legal opinion from the City Attorney as requested by the City Council at the last City Meeting. Based on the written formal opinion Cofnthe City Attorney he concludes that interpretation of the based on his Governmentp Code City Charter and Texas Local however, there is somee conflict with is no cthe Texasify Code Judicial Conduct adopted byo of Therefore, in light of the the ion s Sandeme qualified. applicants to draw from it is my recommendation that the City Council go ahead and appoint John Weninger as Acting Municipal Judge. SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD ALFRED SALLINGER (Formerly Saner,Jack, Sallinger& Nichols) ROBERT D.HEMPHILL LAWRENCE W.JACKSON Attorneys & Counselors at Law ROBERT E.HAGER TIM KIRK 1800 Lincoln Plaza PETER G.SMITH ROBERT L.DILLARD III JOHN PIERCE GRIFFIN 500 N.Akard DAVID M.BERMAN ROBERT L.DILLARD.JR. Dallas,Texas 75201 JOHN F.ROEHM III H.LOUIS NICHOLS (214)954.3333 BRUCE A.STOCKARD OF COUNSEL Facsimile(214)954.3334 • October 31, 1990 -D [E © mowg Ms. Carolyn Jones NOV 2 NM 1] City Secretary City of Wylie P. 0. Box 428 -- - Wylie, Texas 75098 Dear Carolyn: This will acknowledge your question with regard to the office of acting judge of the Municipal Court. It is my understanding that the City Council has established a Municipal Court in accordance with the requirement of Article IV, Section 3 , of the Home Rule Charter. It is also my understanding that the Council has appointed a Municipal Court judge. Under Section 3C of that chapter of the Charter, the City Council is authorized to appoint an acting judge to serve during the absence or disability of the appointed judge of the Municipal Court. Until such time as the City Council has appointed an acting judge by appropriate resolution, that office is not filled in accordance with the requirements of the Charter. I agree with you that the regular municipal judge merely asking another person to fill in as acting judge when she is absent is inadequate under the Charter provisions. Apparently, the regular judge has asked her husband to fill in as acting judge from time to time. Although I believe he is qualified to be appointed, he has not as yet been appointed. Therefore, it is my opinion he cannot be acting judge until he is so appointed by the Council. I do not know whether he has executed warrants of arrest or official court documents other than judgments of the court, but until he is appointed by the Council, it appears that he was and is unauthorized to do so. I suggest that any warrants of arrest which have been issued by him be canceled, that they then be reissued and executed by the appointed judge. You also raised the question as to whether or not there is a conflict of interest in a wife and husband serving as muncipal judge and acting municipal judge, respectively. The City Manager has stated that he believes this to be a conflict of interest. I find no specific language in the Home Rule Charter or in the Texas Local Government Code which would apply to this situation. However, the Code of Judicial Conduct adopted by the Supreme Court provides that a judge should avoid impropriety and the appearance of impropriety in all his Ms. Carolyn Jones October 31, 1990 Page 2 activities. The Code also provides that a judge should not allow his family to influence his judicial conduct or judgment. It provides that a judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned in the instances where he has personal knowledge of disputed evidentiary facts concerning the proceeding. I can see that this situation might appear improper and that there could be instances of accusations that one advised the other as to disputed evidentiary facts concerning the proceeding. Although these rules are rather general in nature, I believe it would be in the best interest of both that the judge's husband not be appointed acting municipal judge in her absence. If the judge or anyone else interested in the situation can secure an opinion from the Committee on Judicial Ethics of the State Bar of Texas that this would not violate the Code, then I would have no objection to the Council appointing the judge's husband as acting muncipal judge in her absence or disability. Should there be any further questions on this matter, please let me know. Very truly yours, SALLINGER, NICHOLS, JACKSON K & DILLARD By Robert L. Dillard III RLD/sb MEMORANDUM DATE: November 1, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager ' •11% RE: Discuss and Consider Appointment to the Construction Code Board Recently the City Council appointed Mr . Ron Heffner to the Construction Code Board. It has been discovered that Mr . Heffner ' s official resident is outside the city limits of Wylie. The ordinance establishing the advisory board requires that all members live inside the city limits of Wylie. Accordingly the City Council will have to appoint a replacement . iJD l ( 37 MEMORANDUM DATE: October 31 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Mana er )4L4. 41,,,„ RE: Discuss and Consider Final Independent Audit Report on Wylie Volunteer Fire Department Conducted by Adami , Lindsey and Company, P.C. and Determine Appropriate Action Attached is the final summary report and conclusion on the outside independent fiscal audit of the Wylie Volunteer Fire Department prior to the City of Wylie taking full control . Attachment: Summary Report (Jr ADAMI, LINDSEY & COMPANY, P.C. ? tire. Ciiirriiir/nar/ 5757 ALPHA ROAD, SurrE 812 DALLAS, TEXAS 75240 (214)392-2727 DAROLD P.ADAMI JAMES A.LINDSEY JAMES R.BROSOWSKE JOHN F.MARES WILLIAM C.SMOTHERMON,JR. October 31, 1990 Mr. William Dashner, City Manager City of Wylie, Texas 2000 Highway 78 N. P. 0. Box 428 Wylie, Texas 75098 Re: Wylie Volunteer Fire Department Dear Mr. Dashner: This letter summarizes the results of the special accounting and auditing procedures applied to the books and records of the City of Wylie Volunteer Fire Department ("Department") and presents our final conclusions. Procedures I analyzed the Department's receipts and disbursements and examined the supporting documentation provided. Most of the Department's larger disbursements were adequately supported. I provided Mr. Larry Allen a copy of our analysis and requested additional backup/support for the remaining items, primarily advances for travel and continuing education courses. Mr. Danny Allen, Mr. James Johnson, and I met to discuss the remaining undocumented items. Mr. Allen presented us additional backup for some nominal expenditures and stated he had tried obtaining invoices or other support for the rest. The problem he faced was the time lag between his request for backup from individual vendors and the actual disbursement for those goods or services. Items of particular concern to me, undocumented disbursements to individual firemen for travel and continuing education, remain poorly documented. Changes in ownership, lost records, and similar problems prevent Mr. Allen from securing additional documentation from the original vendors. I told Mr. Allen further efforts to obtain documentation seemed pointless. Mr. William Dashner, City Manager City of Wylie, Texas October 31, 1990 Page 2 Findings The Department operated outside the City Manager's control. No independent oversight existed and public funds were not subjected to annual audit procedures. The Department maintained no accounting system or procedures controlling the receipt and disbursement of public funds. No segregation of duties existed between individuals responsible for the Department's assets and those approving expenditures. We found support for most of the larger disbursements with the exception of disbursements for travel and continuing education. Advances to firemen for travel and continuing education courses were poorly documented, if at all. Obtaining adequate documentation now is impossible due primarily to time lag. Significant amounts of money were spent on parties, belt buckles, softball equipment, and caps. These do not seem an appropriate expenditure of public funds. Conclusion The Department's poor recordkeeping system and lack of independent oversight caused its current problems. By bringing the Department's receipt's and disbursements under City control, future receipts and disbursements will be adequately approved and documented, independent oversight will be maintained, and the Department's activities will be subjected to annual auditing procedures. If after your review of this letter you have questions, please contact me. Sincerely, Adami, Lindsey & Company, P.C. 744 #(61-44. John Mares cc: James Johnson 454?) pM E M 0 R A N D U M DATE: October 29 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage a411441e/ ... RE: Discuss and Consider Fin Completed Keefer Street Project and Final Costs Attached is a detailed report showing the completed costs on the reconstruction of Keefer Street . Our estimate was $18,000 . To complete the street as is , the final cost was $17 ,539. Attachment: Detailed Report let .0. -re CITY OF WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214-442-2236 TO: Bill Dashner, City Manager FROM: James Johnson, Finance Director DATE: October 30 , 1990 RE: Keefer Street-Reconstruction Costs The following is a breakdown of the direct costs of materials , supplies and equipment cost (no labor included) : Overlay Equip (Bolin Construction ) $ 3,090 . 00 Lime $ 1 , 659. 00 Asphalt $ 6, 835. 00 Flex Base $ 216. 00 Culvert $ 350. 00 Diesel Fuel $ 275. 00 $12, 425.00 1/pt ' . DATE: October 29, 1990 TO: Bill Dashner FROM: Bill Flowers RE: Keefer Street Comparing estimates submitted October 16, 1990 to Mr. Dashner from Jackie Jones with final job completion on Keefer St. We estimated the square yard price at $5. 13 sq. yd. Completed job including miscellaneous additions total New estimate per sq. yd. $6. 25 sti mates I : ( 1 ) asphalt, excluding delivery, 366 tons 18.65 $6v825" 90 (2) lime 22. 499 tons @ 75. 33 1 , 694. 92 (3) fill dirt 12 yds. , 10 loads @ $25. 00 load 250. 00 (4) culvert pipe 30-180. 00 37-170. 00 350, 00 (5) labor cost 1 , 125. 00 - (6) equipment cost 1 , 862. 50 (7) water 12, 000 gal . @ . 10 1 , 200. 00 _ (8) raise manhole 150. 00 (9) ATL Lab reports 225. 00 $13,683.32 Keefer Street repairs completed cost: ( 1 ) file dirt 250. 00 (2) lime 1 ,659. 14 (3) 2 culverts 180. 00 (4) asphalt 279. 22 ton at 24. 50 - Delivered 6, 840. 89 #' (5) water 60. 00 (6) base material 216. 00 (7) Bolin Const. 2, 792. 20 :� (8) ATL Lab 200. 00 (9) equipment 3, 700. 00A ( 10) labor cost 1 , 631 . 25 $17, 539. 48 , ^ . � This figure includes the amount listed below which is not ' included in the original estimate. . ( 1 ) Bolin Const. $ 21792. 20-A (2) drainage work estimated total 2, 500. 00k (3) motor grader unexpended 875. 00* $ 6, 167. 20 $13, 683. 32 $17, 539. 48 $ 2, 311 . 04 $11 , 372. 28 Less than estimated. . / ' , ' ' MEMORANDUM DATE: October 30 , 1990 TO: Mayor and City Council ,4 FROM: Bill Dashner, City Manager V RE: Discuss and Consider 1988 Commitment to Century Business Park for Tie-In to Phase II Sewer Improvements Program in Exchange for Easements as An Addendum to Newport Harbor Bid In 1988 the City made a formal agreement with Century Business Park for a sewer connection. Century Business Park officials have requested that the City keep this commitment in exchange for approximately 12,000 square feet of easements for Phase II sewer improvements . We are currently out for bids on the Newport Harbor section of this program. The engineer has estimated the sewer connect will cost approximately $6,000 . This work could be added as an addendum to the bid and contract . This would represent an 80 foot line tying into Century Business Park lift station . Authorization is requested to add this as an addendum to the bid and possibly the contract . No records can be found that this was ever approved by the City Council as a formal agenda item. Attachment: Supporting Documentation Site Map • • fif MEMORANDUM TO: Bill Dashner, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering Pa DATE: October 29, 1990 RE: Century Business Park Connection Attached is a copy of a letter from John Pitstick, former City Manager, to Mr. Glenn E. Lyons regarding an easement for the lift station in Century Business Park which we eventually obtained. The second paragraph addresses the City' s committment to connect in the Business Park. Please advise me how you want to handle this situation in lieu of this letter. %"'Ir ie CITY OF WYLIE 114 N. BALLARD ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 August 23, 1988 Glenn E. Lyons 8855 Stemmons Freeway Suite 100 Dallas, Texas 75247 Dear Mr. Lyons: Enclosed please find an updated easement description for the proposed lift station in Century Business Park. We have narrowed it down as tight as we can get it. The new easement is at total of 12,275 square feet. We have also included an estimate from an independent engineer as to the costs for tying sewer to Century Business Park assuming we had to build the lift station at another site. These estimated costs are $89,300. We are requesting a sewer easement of a total of 12,275 square feet to be dedicated to the City of Wylie. In return the entire Century Busi— ness Park will have sewer available and the city will connect the interior sewer collection system to the new lift station at no cost. • Sin erel , 1)". John Pitstick City Manager City of Wylie cmw \s \ / �CQNC. / /' EASEMENT SHOWN. TREE.: / ` '\ ,e1P-,Qqp / O/AI`IETER L.//THIN THE ZC EASE/ENT SHOWN SHALT. r• * . / /F SHADED OR U/TN L R77 ),..)), / o Nc OF THE OWNER . Arc/ TR Y V /O FEE1 FROti CENTERLIM / ° n Ai� AS NECESSARY AA/D CUT . ° / `/ PROPERLY PAINTED AFTEc ACT/V/T/ES HAVE BEEN CC !R AREA. C'OA/TRACTOR SHALL ,�� /. Z *./\'‘4°'. TREES REMOVED I.!/THDU7 ° Z. Cav7eQGTO2 SNL1LL �?EOLAL6 p , �Z 2 GATES PAM-44EO ae REMOVE 1( .O 4 AcrNir/Es Idn7-I EQUAL OR 1,. 010"EL/4 [Q8. PRA/iIIAGE . UC EASET/MENITY T i Y' -dc /us • D'R P. EXISTI•JG PERMANENT WET WELLEASEMENT ,11 LINE 15"OAKS / . . . .. . lie. 7 g Z4-B-O-AA'C ' .• • . • • _ _VI :CI , 111* '• \ 2 / CO 20 Q4K5 Motoa 5e Zri •: t. /7 !4 37 lapl I Ill A - . I5TA. 04-05 elaKS 24''EL4 I _ cuowiSa e ItiSrALL 0+2 Z l- OQOP COLAJECnoki _ ,t, i 6oNC. cIN� __-_---- --r---- �_r__ 01- —/r 24 L.F. COtilC2ETE EEMOVE e EEPLACE\ EtME0T\ �, �� 1CA5E 14 L.F. Glc code. L/1JEO CI•IA&ILJEL TQEUGN SHALL BE X FILLED �l/ITN CEMEl.1T -- J-'— �, 5ra8/L1ZEO 6ACKFILL An STA. 0+80 PU16 f Aeil id00til COLT 5T2Ll UT 4.0s OM. Ex►ST. 8"91&J. 5Ev1. X TYPE 'S' MAtJNOLE CO#JLJECr T17 Ex6r. 8.'5.5. - • J Z i I i/F , , SIHIMEK, JACOBS & FINKLEA Consulting Engineers CLIENT WyL e C/ rV or* PAGE NO. i/l / PROJECT . 4,411 T��y St44Z /ni UYe?/ " PHI?$(" DATE [ 10fr 0 Btafi/EII I,ek CCA/A/477DAI BY „tee- ENGINEER'S ESTIMATE saaaaa=eeassaaa==se s=================saris===========aaaemzemoas1========== ITEM NO. DESCRIPTION QUANTITY UNIT • PRICE AMOUNT =as=maws=======rasa=121m==a=a========a=Rp=oosass=saaa=aaesXncaaoas====saaaasasiza 1 (17)7<iii' 1 4 /140 /4/0la ! CA �2 013, N 20'7?),< ) 1 d "SA..#.44 _crtAyr r'?-J ' l L F 1 141, 1_3 289.g5 it MirigniEgien U IF 4 33,50 toll ,UD " , ur C,I[, , 24 L I. o o4 .72.L.4 0 (I &Hat, I lace. CY C I /4 1..P 4 11LP 263.34 _. Hi P.D) 67inec ,/)1 .Iv Ckis CA - g3q, A3q_do f5 ail! f Stab4 c;/ r.to ?i 24 G Y 1$ ,2' 4,20t16 • I ., 1 1..,S 009,1A0 000,nn g4.h404.I a 03 kivvt��'e 04 l MEMORANDUM DATE: November 8, 1990 TO: Mayor and City Council !FROM: Bill Dashner, City Manager *L�,/ RE: Discuss and Consider Award 'ng Competitive Bid for Phase III , Newport Harbor Sanitary Sewer Improvements , Consider Base Bid , Including Century Business Park Connection, Alternate A And Alternate B The City of Wylie has been through the competitive bid process on the above referenced sewer system improvements . The City received the following bids: BASE PLUS BASE PLUS CONTRACTOR BASE BID ALTERNATE A ALTERNATE B Atkins Bros. Equipment Co. $197 ,871 .00 $400 ,593 .00 $421 ,481 .00 E. L. Dalton & Co . , Inc . gr/a� �� 04 ,190 .00 327 ,149 .80 r _ Dowager Construction 184 ,369.00 330 ,852 .00 345,104 .00 Pacer Contracting 186 ,418 . 39 374 ,382 .71 391, 004 .29 Pate Brothers Const . Inc. 172,532 .47 391,637 .21 446,406.33 Rhode Construction Co. 180 , 306 .00 417 ,064 .00 434 ,316 .00 Tri-Con Services , Inc. 164 ,421 .00 385,837 . 60 406 ,465. 60 DISCUSSION r , _l? The low bidder is E. L. Dalton & Co . Inc . g' Method 1 91/ Base Bid - 8" gravity sewer , manholes & appurtenances $124 ,812 .00 - Century Business Park connection $ 10,000.00 Alternate A - includes lift station , (6 inch) force $169 ,378 . 00 main for current Newport Harbor (88 lots) development (6 inch line) TOTAL $304 , 190 .00 515) cOl / )1/4}-) l'10‘) 0° n Il (.57) Method 2 Ba s-- e B d - 8" gravity sewer , manholes & appurtenances $124 ,812 .00 - Century Business Park Connection $ 10,000 .00 Alternate B - installation of wet well 10 feet $192 ,337 .80 deeper, 8 inch force main installed to accommodate and sewer for full development of New Port Harbor (378 lots) TOTAL $327,149 .80 As you know the City is having fines imposed until this project is completed . The scheduled completion date on all this work is June 30, 1991. The project will require use of both a gravity line and a lift station/force main . The decision to be made is whether to accept Alternate A (Lift Station/6 inch Force Main) at a cost of $169 ,378 .00 or Alternate B (Lift Station/8 inch Force Main) at a cost of $192 ,337 .80 . The Base Bid which includes the 8 inch gravity line and Century Business Park connection remains constant at $134 , 812 .00. The Century Business Park connection could be deleted by change order if necessary. The City has remaining in the earmarked bonds for this project a total of $294 ,000 . All engineering contingencies and miscellaneous costs will have to come out of this remaining money. The engineering contingencies and miscellaneous is estimated at $39 ,000 . RECOMMENDATION Method 2 Base Bid - 8" gravity line $124 ,812 .00 - Century Business Park Connection $ 10,000.00 Alternate B - 8" Force Main/Lift Station $192 ,337 . 80 Engineering, Contingencies , Right-of-Way, etc . $ 39 ,000 .00 TOTAL $366,149.00 Attachments: Engineering Estimate Bid Tabulation Sheet Site Location Map CITY OF WYLIE, TEXAS NEWPORT HARBOR ESTATES SANITARY SEWER IMPROVEMENTS TABULATION OF BIDS Bids Received at 2:00 p. m. , November 6, 1990 Base Bid* Base Plus Base Plus Contractor ( 1 - 14) Alternate A Alternate B 1. Atkins Bros. Equipment Co. , Inc. $197, 871 . 00 $400, 593.00 $421, 481. 00 2. Barjo Services, Inc. $ N/A $ N/A $ N/A 3. Dake Construction $ N/A $ N/A $ N/A 4. E. L. Dalton & Company, Inc. $134, 812. 00 $304, 190. 00 $327, 149.80 5. Dowager Construction $184, 369. 00 $330, 852.00 $345, 104. 00 6. W. R. Hodgson & Company, Inc. $ N/A $ N/A $ N/A 7. Mario Sinacola & Sons Excavating $ N/A $ N/A $ N/A 8. Pacer Contracting $186, 418. 39 $374, 382. 71 $391, 004. 29 9. Pate Brothers Const. , Inc. $172, 532. 47 $391, 637. 21 $446, 406. 33 10. Rhode Construction Company $180, 306. 00 $417, 064. 00 $434, 316. 00 11. Tex-Con Utility Contractor $ N/A $ N/A $ N/A 1a. Tri-Con Services, Inc. $164, 421 . 00 $385, 837.60 $406, 465. 60 13. UCA Utility Contractor $ N/A $ N/A $ N/A * Includes Century Business Park Connection L.L- ula-- to gromormiwassamosamomm............-,,,aves.,.. .....miseimmosaft, }.......... ... . ....... ›.41:ta 0 Ci Ui < • s Z3� a. 2 — LL Nye W3t�- I .5 i� ~_ . _. _. r. ,.. ....... ...... ..- - .� =•-+. .,,....;:. - \. kr::::::::...., ........,1111::: 11 . .. ,,,,. ‘0,-1,.: - .4:44 .......... _. ... . _ .. :,,iiiii Eli i i ii.7' iiiiii i ii ::- Air 411;gr Ii.4.1467. %:* AI 4-V V I.L1 tr + / Ec, ,1" \ ifi i, • r• -j — ` a.. ON A'MWDIH PI .1 0 3 Y W • / a zCr) o ox � Q - s I �t ....• '''>% CC< X r . .-. -A i }sue ai " - 4. 1 v. -31-:\9 I%41\1 -le-%1 il-* _ r"--y; . ' .:? h r -.8--x ..... , . .. , ...„ 1,--, s t., 11.1 7----- ill i . '. \411...."1"4 %. -2 *l .--. -- % 4. CRRE �� MUDDY D REEiC ; f ao ilk) , ' f 7• c, a . = i • I. ` :••:.• a 2 F-(a .. :.• • .:.:::::. . .:ilL ,. . ...." ..�/%7.// hi//W i i:. /ff:r .i ... i i!////j//hi�/////I///////f///////i ��///,,,////�i%///,,/_ i� 'd T 1" ������PP i/I/ . SIIIMEK, JACOBS & FINKI.RA Consulting Engineers CLIENT City of N lie, Texas PAGE N0. 1/1 PROJECT Newport Harbor Lift Station DATE 8/17/90 Fore. Main ` Gravit Sewer BY cRC ENGINEER'S ESTIMATE ITEM ====.n.....w....w......a:.mna...■ NO. D$SCRIPTION QUANTITY UNIT PRICE AMOUNT l New rt Harbor Lift Station 1 L.S. $70,000.00 $ 70,000 2 6" Forge Main 6 790 L.F. 17.00 115,430 Pressure 3 6" Force Main b Other Grout 40 L.F. 4 6" Force Main in 12" Engaoomant 70.00 �,800 . .7.0 L.F. 90.00 6,300 S 8" PVC Gravity Sewer . 3 7 0 L F 20.00 74 300 6 8" Gravity sewer b Orher Proxmire y Grout 213 Ea 75.00 15,975 7 Conneot to Existing B.B. M.H. 1 000.00 2 0 0 8 2" Air 4 Vacuum Valve 2 Ea. 3 000.00 6 000 9 San. Sewer Manhole 4'0 6 Ea. 1 500.00 _ !,•00 Subtotal • Engineering, Contigenciea & Mieoellaneoue 301 705 n 38 795 Total 340 500 • MEMORANDUM DATE: October 29 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage 11 41 RE: Discuss and Consider Crit cal Report from Texas Department of Health, City of Wylie Landfill and Authorize Phase II of Testing and Monitoring I received this report on October 22 , 1990 . The report findings start on page six (6) . According to the State Health Department the City of Wylie must expand and intensify testing and monitoring action . There are critical deadlines where reports must be submitted to the State Department of Health. This is not a final report . We still don' t know if significant remedial action is necessary such as seal and capping or removal . I have talked with Mr . Dick Smith who is in charge of this project . He indicated to me that to this point the ground water aquifer has not been breached . If test results continue to show no aquifer contamination then no severe remedial action will be necessary. In other words , the City may not have to spend $1 .2 million . The estimated cost of Phase II testing and monitoring will not exceed $30,000 . Attachment: Wylie Landfill Report from State Health Department cc: Paul Beaver , Director of Planning & Engineering V (gLE OWE _1 ,'► '' OCT 22 Texas Department of Health - Robert Bernstein, M.D., F.A.C.P. 1100 West 49th Street Robert A. MacLean, M.D. Commissioner Austin, Texas 78768 Deputy Commissioner (612) 468-7111 Professional Services 0C T 1 7 7990 Honorable John Akin Mayor of Wylie P.O. Box 428 Wylie, Texas 75098 Subject: Solid Waste - Collin County City of Wylie - Permit No. 712 Hydrogeologic Investigation Dear Mayor Akin: The City of Wylie and the Department entered into an agreed judgement dated June 15, 1988, that required the City to take a number of actions on the subject site. The first eleven of the specific actions are summarized below. 1. Immediately restrain access to the site with fencing and warning signs. 2. Submit a proposal by August 1, 1988, indicating whether the City's intention is to keep Alanis Road open, to close it, or to relocate it based on hydrologic study results. 3. Install by August 1, 1988, five temporary monitoring wells (numbers 4, 5, 7, 8, and 9) along the boundaries of the site and two piezometers in separate waste trenches. Locations of the wells and piezometers are shown on a map attached to the judgement. 4. Monitoring wells numbers 4, 5, 7, 8, and 9 were to be installed first and would become permanent after completion of the study. Groundwater monitoring wells are to have two-inch casing set at an estimated depth of 25 feet. An attachment to the judgement specified the materials to be used. 5. Conduct an assessment of water wells within one-half mile of the site by August 1, 1988. S Honorable John Akin Page 2 6. Survey by August 1 , 1988, top of casing, top of pad, and ground-level elevations for existing and proposed monitoring wells and piezometers. Survey four profiles of the tributary to Muddy Creek to determine elevation of high points on banks and lowest point in the stream. 7. Determine by August 1, 1988, water level elevations at all monitoring wells, two piezometers, two ponds, and four creek reference points to the nearest tenth foot above mean sea level. 8. Conduct tests in four of the monitoring wells by August 1, 1988, to determine hydraulic conductivity and flow velocity of groundwater at the site. 9. Sample and analyze by August 1, 1988, all monitoring wells and two points in the pond. Constituents to be analyzed are volatile organics, lead, cadmium, chromium, and zinc, except that volatile organics do not need to be analyzed for the ponds. 10. Compile a geologic and hydrologic assessment of the site by August 1, 1988. 11. Report conclusions to the Department by August 1, 1988, concerning existence, migration, and possible effects of groundwater contamination. The report shall include proposed locations for permanent monitoring wells 6, 10, and 11. Additional provisions in the judgement cover activities subsequent to approval of the report described in item 11 above as well as various legal rights and costs. On August 2, 1988, the Department received "Phase I Hydrogeologic Assessment of the City of Wylie Landfill for Gardere and Wynne, Attorneys and Counselors" prepared by Jones and Neuse, Inc. The report is dated July 1988 and was submitted under cover letter dated August 1 , 1988, to Dr. Leonard Mohrmann, Texas Department of Health, and signed by J . David Buchanan, Project Manager, Jones and Neuse, Inc. The report comprises 31 pages plus three appendices and purports to meet the judgement requirements summarized in 11 above. After an extensive review of the Jones and Neuse, Inc. , report with additional data provided by Jones and Neuse, Inc. , and a visit to the site by Department staff, the Department makes the following comments, referenced to the numbered requirements in the judgement as summarized above. 7 Honorable John Akin Page 3 1 . A fence exists as of August 16, 1990, around the entire site with a locked gate and warning sign on Alanis Road. 2. Jones and Neuse, Inc. , recommends that Alanis Road continue in use until a closure plan is submitted; closing of the road would be the final phase of the closure plan. The reason given for maintaining the existing road is the City's financial constraints. No reference to the effect of the road on contamination or groundwater movement into the site is given in the report. 3,4. Jones and Neuse, Inc. , installed seven monitoring wells. Page 2 of the report states that all are "2-inch diameter groundwater monitoring wells composed of polyvinyl chloride . . . ." Table 1 on p. 23 shows that four wells (MW-5, 7, 8, 9) are polyvinyl chloride and three (MW-6, 10, 11) are stainless steel. Five of the wells (MW-5, 6, 7, 10, 11, ) were drilled and completed to a depth of 17.00 feet and two (MW-8, 9) to 22.00. None of the wells were set at the estimated depth of 25 feet described in the judgement even though all borings were at least that deep. Of the five temporary wells described in the judgement (MW-4, 5, 7, 8, 9), only four were completed. Jones and Neuse, Inc. , reported that MW-4 "was not installed because a suitable location could not be located." The location originally proposed for this upgradient well was found to be downgradient of waste. A borehole drilled "directly upgradient from the landfill on the south side of Alanis Road," but not shown on any map, did not yield water after 4-5 hours. No other efforts were made to find a suitable location for an upgradient well, and no approval was given by the Department to omit this well. Monitoring wells numbers 8 and 9 were moved north from the locations shown in the map attached to the judgement. MW-8 encountered waste and might not have done so at its original proposed location nearer the boundary. There is no record that the Department approved the installation by Jones and Neuse, Inc. , of the additional monitoring wells MW-6, 10, and 11. MW-6 was moved about 200 feet north from the location shown on the map attached to the judgement without Department approval. Honorable John Akin Page 4 Jones and Neuse, Inc. , installed two 4-inch stainless steel piezometers ( P- 1 , P-2) . At both original locations "initial borings were found to yield little to no water. Therefore, the drilling rig was relocated and new borings were completed, and . . . the piezometers were constructed in boreholes that produced water." P-1 is installed about 330 feet ESE of the proposed location shown on the map attached to the judgement, and P-2 is about 400 feet north of its proposed location. The original proposed locations were based on proximity to known disposal trenches found in the field by Department personnel. No records exist of Department approval to change these locations. Jones and Neuse, Inc. , states that it drilled eleven borings (P-1-A through P-1-K) in the process of finding a suitable location for P-1. A map of these borings was provided by Jones and Neuse, Inc. , by letter dated August 30, 1990; it shows that none of the borings were closer than about 250 feet to the original proposed location. The report did not contain boring logs for any borings that were not used for monitoring wells or piezometers, nor were the unused borings shown on the maps. 5. Jones and Neuse, Inc. , reported that it searched Texas Water Commission (TWC) files for records of water wells within one-half mile of the site and found none. An area reconnaissance was also conducted to determine the accuracy and completeness of TWC files; no additional wells were found. The Jones and Neuse, Inc. , report contains a map showing the location of the nearest wells found (Figure 6) and drillers' logs and well schedules for some but not all of those shown on the map. In particular, well 60-8, 0.6 miles N of the landfill, has no well schedule, nor does well 60-9. Well schedules are given for well 33- 04-3A and for an unnumbered monitor well apparently owned by Harding Lawson Associates, but neither is shown on the map. Driller's logs are given in the same section for three monitor wells drilled by McGuire Drilling Company, Inc. , but the wells are not shown on the map nor is their significance discussed. • S9 Honorable John Akin Page 5 Finally, Jones and Neuse, Inc. , states that "groundwater was found at the inferface [sic] of the Taylor Group and Eagle Ford Shale" near Wylie and that volume was in unusable quantities. This statement is remarkable in that it overlooks the Austin Chalk, 600+ feet of rock that exists between the Taylor and Eagle Ford! Jones and Neuse, Inc. , seems to imply that this water, wherever it is, need not be considered (1) because of its low volume, (2) because no wells are now known to be completed in that zone near the landfill, and (3) because existence of water in that zone in the landfill is unsubstantiated. 6. The report does not contain any of the required four profiles of the tributary to Muddy Creek. It does contain four cross-sections of the site perpendicular to the creek. 7. Water levels in all monitoring wells and piezometers were measured July 1 , 1988. MW-7, 8, 10, 11, P-1, and P-2 are screened in fill (waste) ; water levels from those wells probably represent levels in the waste, not necessarily in the bedrock aquifers. The report text does not contain the elevation of surface water levels at the two pond monuments nor at the four creek reference points, although four elevations of the creek surface are shown on the cross-sections. 8. Bailer tests were run for four monitoring wells (MW-5, 6, 9, 11). Data were obtained for only three as MW-5 was not usable; no effort was made to run a bailer test on another well as a substitute. In calculations of hydraulic conductivity, 24% used as a value for the porosity of the silty clays is not supported by data. 9. Chemical analyses of water samples from all monitoring wells, both piezometers, and the pond were made. Chromium was above the Environmental Protection Agency Primary Drinking Water Standard in MW-10 and 11, both in the center of the site, and lead was above the standard in these two wells plus MW-7 at the SW corner. The report fails to point out that chromium was also just below the standard in MW-7 and 9 and that zinc ranged from 0. 48 mg/1 to 1 .5 mg/1 and was present in all samples. Volatile organics were detected well above 60 Honorable John Akin Page 6 detection limits in several wells. In particular methylene chloride was 66.54 ug/1 in MW-7, 33.64 ug/1 in MW-11, and 44.93 ug/1 in P-2; ethyl benzene was 89.94 ug/1 in MW-8; and other purgeable organics were also high in MW-8. 10, 11. The geologic and hydrologic assessment with conclusions was compiled and presented on a timely basis. The assessment only partly meets the requirements of the judgement. a. The relationships among the groundwater, leachate, and surface water were incompletely determined. None of the monitoring wells or piezometers reached the estimated required depth of 25 feet. Only three of four required tests were run to determine hydraulic conductivity. Water levels for the bedrock aquifer(s) can only be determined reliably in the three wells (MW-5, 6, and 9) not screened in fill. Some of the monitoring wells and piezometers were not sited at optimum locations. b. The existence of volatile organic compounds in bedrock aquifers was not confirmed because all wells testing high in organics were screened in fill. c. Data are insufficient to determine the potential for contamination of off-site wells by leachate. After a thorough review of all data and conclusions furnished to the Department by the City of Wylie and its consulting engineers, the Department requires that the following actions be taken. 1. Prior to December 1, 1990: a. Measure water levels in all existing monitoring wells and piezometers. b. Bail or purge the wells and piezometers, then sample appropriately for Groups 1, 2, 3, and 4 shown on the attached Groundwater Monitoring Report form. In addition analyze volatile organics in MW-5, 6, and 9 by EPA Method 624. c. Report results of water level measurements within ten days of measuring. 6/ Honorable John Akin Page 7 2. Prior to January 15, 1991, report analytical results from the sampling to the Department. 3. After Department acceptance of the analyses, plug monitoring wells MW-7, 8, 10, and 11, and piezometers P- 1 and P-2 to prevent the possibility of further migration from fill into the underlying aquifer. 4. Prior to January 31, 1991: a. Drill and install two new piezometers (P-3 and P-4) at locations near the originally proposed locations for P-1 and P-2. Dr. Leonard Mohrmann of the Department will specify the locations. Both piezometers should be drilled only to the base of the waste and should not be screened in the underlying aquifer. b. Drill and install three new 25-foot deep monitoring wells. One will be near or on the south boundary of the site between MW-7 and MW-8 and will be located so as not to drill through waste. A second will be located near MW-2 and will ultimately replace it . The third will be drilled near the center of the east boundary and not through waste to provide an upgradient monitoring well. Furnish a map with the proposed locations of these monitoring wells for approval by the Department prior to drilling. c. Drill and install one monitoring well near MW- 6 to the top of the Austin Chalk, estimated to be 40 ft deep. The screen should be set to sample across the contact of the Taylor and Austin Groups. 5. Within 15 days of completion and development of the two new piezometers and the four new monitoring wells: a. Measure water levels in all wells. b. Bail or purge the six new wells and sample appropriately to analyze for groups 1 , 2, 3, and 4 plus volatile organics. c. Provide boring logs and construction details. Honorable John Akin . Page 8 d. Run a bailer test in the new well between MW-7 and MW-8 to determine hydraulic conductivity. 6. Report results of all tests and analyses to the Department within 45 days of sampling and testing. 7. Within 30 days of the date of this letter, furnish to the Department boring logs for all holes drilled on or- near the site by Jones and Neuse, Inc. , during the 1988 investigation except for those previously furnished in the report. At the same time furnish a map showing the location of all holes. The Department expresses its appreciation for the patience shown by the City of Wylie for the unusually long time taken for review of the Jones and Neuse, Inc. , report . The Department looks forward to the continued cooperation of the City in this matter of mutual concern. If you have any questions concerning this letter, you may contact Mr. A. R. (Dick) Smith, Staff Geologist, Groundwater Protection Branch, Surveillance and Enforcement Division, Bureau of Solid Waste Management, at telephone number (512) 458-7271. WSince ly, (fir• Ar::Hans J. Ml'A-Q- 12- , Director Surveillance and Enforcement Division ARS/mr Enclosure cc: Region 5, TDH, Arlington Collin County Health Department Wylie City Manager Sallinger, Nichols, Jackson, Kirk & Dillard Jones and Neuse, Inc. 6J MEMORANDUM DATE: October 31 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager TO: Discuss and Consider Authorizing Contract With Jones and Neuse, Inc . for Phase II , Environmental Engineering Services tor Compliance With State Of Texas Health Department on Landfill The Texas State Department of Health is requiring additional testing and monitoring at the Landfill . In order to comply with the report we will need the services of environmental engineers to proceed . Hereby recommended is a contract to perform testing, monitoring and analytical work that will be presented to the Health Department . According to this contract Phase II services estimated cost is $53 ,400 . It is my recommendation that this contract be approved since our first report to the Health Department is due on December 1 , 1990 . Attachment: Proposed Contract • L. )ONES AND NL J NSF, INC. Engineering and Environmental Consultants October 30, 1990 Paul Beaver City Engineer City of Wylie . P.O. Box 428 Wylie, Texas 75098 . Re: Proposal and Authorization for Engineering and Environmental Services P900203A Dear Mr. Beaver: Jones and Neuse, Inc. (JN) is pleased to have the opportunity to submit this proposal to the City of Wylie for performing engineering and environmental services related to Phase II of a hydrogeologio investigation of the City of Wylie's landfill. I have previously forwarded a JN Qualifications Statement and a partial listing of similar projects undertaken by JN. If you require further information concerning our qualifications, please let me know. We have evaluated information provided by Mr. Bill Dashner, City Manager for the City of Wylie, during our. October 23, 1990 telephone conversation and information in the Texas Department of Health's letter to the City of Wylie dated October 17, 1990. After reviewing this information, we have prepared the attached proposal which we feel will meet your objectives. As discussed during our meeting on October 26, 1990 we believe the project can be completed within 11 weeks from the date of authorization. The estimated cost to complete this phase of the project is $53,400. As you requested in our meeting, this cost estimate includes analytical costs. I have enclosed two copies of a professional services agreement and work order for this project. If you desire to proceed with the work and concur with the terms and conditions of the agreement and with the scope provided in the work order, please sign the contract documents and return one executed ropy of each to us. If you have any questions or comments, please do not hesitate to call. We look forward to a successful and lasting relationship. Sincerely, Jet ES AND NE SE, INC. I,'. David flue ianan Branch Managor JDB/jlm.66 p900203a.cnt Enclosures cc: Bill Dashner James Johnson 11811 East Freeway, Suite 275 Houston, Texas 77029 713-450.1882 r PROFESSIONAL SERVICES AGREEMENT MADE AND ENTERED INTO by and between the City of Wylie (hereinafter referred to as "Client") and Jones and Neuse, Inc. (hereinafter referred to as "JN") . WHEREAS, the Client desires to engage JN as a consultant; and WHEREAS, JN desires to render certain services as described in authorized work orders as may be hereafter issued and has the experience and staff to perform those services; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: Section 1. Services. The Client hereby agrees to engage JN and JN hereby agrees to perform certain services for the Client as agreed upon from time to time. Such services may be set forth in individual work orders as may be hereafter authorized in writing by the Client and accepted by JN. Section 2. Client's Responsibilities. The Client agrees to provide JN with all existing data, plans, and other information in the Client's possession which are necessary for the performance of Services. The Client further agrees to provide any additional data, plans, or other information as may be specified in authorized work orders. Section 3. Standard of Care and Warranty. JN agrees that its Services will be performed with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and circumstances. No other warranty, expressed or implied, is made. JN's interpretations and recommendations may be based on the results of test borings, surveys or other investigative work. The Client recognizes that subsurface conditions elsewhere in the work area may differ from those at the exploration locations and that conditions may change over time. JN will not be responsible for the interpretation or use by others of data developed by JN. Section 4. Time of Performance. JN agrees to perform the Services within schedules as may be set forth in authorized work orders. Section 5. Compensation. For JN's performance and completion of all services, Client shall compensate JN at the hourly rates and charges as set forth in Exhibit "A" (as may be hereafter amended by agreement of the parties) subject to Sections 6 and 20 unless otherwise specified in authorized work orders. Such rates include labor, overhead, expenses, and profit. Subject to agreement by Client, Exhibit "A" may be revised by JN periodically. Section 6. Payment. JN shall invoice Client for Services performed on a monthly basis. Each invoice is due on presentation, is payable in the Texas County specified for such invoice, and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge equal to one percent (1$) per month on peat due accounts. Invoices for Services performed on a time-and-materials basis will be submitted showing labor (hours worked) and total expenses, but not actual documentation. If requested by the Client, documentation will be provided by JN at the cost of providing such documentation including labor and copying coats. These payment terms are subject to JN credit approval. If Client credit is not approved, payment terms will be revised by addendum to this contract. 66 Sect ion 7. Notices. Communications from the Client shall be to JN's designated project manager or principal-in-charge of the work. Oral communications shall be confirmed in writing. Section 8. Cost Estimates. JN makes no representation concerning the cost estimates made in connection with maps, plans, specifications, or drawings other than that all cost figures are estimates only and JN shall not be responsible for fluctuations in cost factors. Section 9. Confidentiality. JN shall maintain as confidential and not disclose to others without Client's prior written consent, all information obtained from Client, not otherwise previously known to JN in the public domain, as Client expressly designates in writing to be "Confidential." The provisions of this paragraph shall not apply to information in whatever form which (i) is published or comes into the public domain through no fault of JN, (ii) is furnished by or obtained from a third party who is under no obligation to keep the information confidential, or (iii) is required to be disclosed by law on order of a court, administrative agency or other authority with proper jurisdiction. Section 10. Independent Contractor. JN's relationship with the Client under this Agreement shall be that of independent contractor. The employees, methods, equipment, and facilities used by JN shall at all times be under its exclusive direction and control, and the Client shall not exercise control over JN except insofar as may be necessary to ensure performance and compliance with this Agreement. Section 11. Insurance. JN agrees to purchase and maintain at its own expense worker's compensation insurance, employer liability insurance, general liability insurance, and automobile liability insurance. Certificates of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, JN agrees to reimburse the Client for any damages sustained by the client which are covered by JN's insurance to the extent of the limitations and exclusions contained within said insurance policies and Sections 12 and 13 of this Agreement. JN agrees to purchase additional insurance as requested by the Client (presuming such insurance is available) provided the premiums for such additional insurance are reimbursed by the Client. Section 12. Indemnification. JN shall defend, indemnify, and hold the Client harmless from and against any claim asserted by any person or entity (other than an officer, director, employee or agent of Client) arising out of (I) JN's negligence or (ii) JN's breach of any obligation or responsibility imposed on it by the provisions of this Agreement, subject to the limitations and exclusions contained herein in Sections 11 and 13. Client shall defend, indemnify, and hold JN harmless from and against any claim asserted by any person or entity (other than an officer, director, employee, or subcontractor of JN) arising out of (i) Client's negligence or (ii) client's breach of any obligation or responsibility imposed on it by the provisions of this Agreement. Section 1.3. Liabilily Limitation. JN's liability to the Client for any loss or damage, including, but not limited to, special and consequential damages arising out of or in connection with this Agreement from any cause, including JN's professional negligence, errors, or omissions shall not exceed the greater of $50,000 or the compensation received by JN hereunder, and Client hereby releases JN from any liability above such amount. e Section 14. Disputes, If a dispute arises relating to the performance of the Services covered by this Agreement, and legal or other costs are incurred, the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time at current billing rates, court costs, attorney's fees, and other claim-related expenses. In the event of any litigation, Client agrees to pay to Engineer interest on all past due balances at the rate of twelve percent (12$) per annum. Section 15. Termination. This Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure of performance by the other party or if the Client suspends the work for more than three months. In the event of termination, JN shall be paid for services performed prior to the termination notice date plus reasonable termination expenses, including the cost of completing analyses, records, and reports necessary to document job status at the time of termination. Section 16. No Waiver. The failure of a party to enforce strictly any provision of this Agreement shall not be deemed to act as a waiver of any provision, including the provision not so enforced. Section 17. Choice of Law. This Agreement is deemed to be made under and shall be construed according to the laws of the State of Texas. Section 18. Successors and Assignments. The Client and JN each binds itself and its successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Section 19. Severabiliy. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Section 20. Entire Agreement. This Agreement, including all attachments and work orders authorized hereunder, constitutes the entire agreement between the parties hereto and it supersedes all prior or contemporaneous agreements, whether oral or written, with respect to the subject matter hereof. In case of conflict or inconsistency between this Agreement and any other contract documents, this Agreement shall control. No agreement hereafter made between the parties shall be binding on either party unless reduced to writing and signed by an authorized officer of the party sought to be bound. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in two counterparts (each of which is an original) by their duly authorized representatives as of the 30th day of October, 1990. CITY OF WYLIE JONES AND NEUSE INC. - By: By:/t-, r Title: Title: WORK ORDER 328901 ADDENDUM NO. 1 PHASE II HYDROGEOLOGIC INVESTIGATION This work order addendum constitutes authorization by the City of Wylie (Client) for Jones and Neuse, Inc. (JN) to proceed with the following scope of services as required by the Client: ADDITIONAL SCOPE This additional scope will provide for completion of a Phase II hydrogeologlo investigation of the landfill as prescribed in the Texas Department of Health's (TDH) letter to the City of Wylie dated October 17, 1990. Services provided by JN will include the following: 1. Technical support for the City's legal counsel 2. Measure water levels in existing wells and piezometers and report results to the TDH 3. Bail and sample existing wells and report results to the TDH 4. Plug existing monitoring wells MW-7, MW-8, MW-10 and MW-11 and piezometers P-1 and P•2 5. Submit proposed locations to the TDH for three new wells to twenty five feet, one well to 40 feet, and two piezometers to the base of the waste 6. Install proposed wells and piezometers at locations approved by TDH 7. Measure water levels in all wells and piezometers 8. Bail and sample the new wells and piezometers 9. Complete boring logs and well construction details and submit to TDH 10. Run a bailer test in the new well located between previous wells MW-? and MW-8 11. Prepare a report detailing the results of all tests and analyses for submission to the TDH 12. Complete logs for all holes drilled on or near the Landfill during JN's 1988 investigation and submit to the TDH, except for those previously furnished in the report, and a map showing the location of all holes. JONES b NEusc The Client will provide the following: 1 . Access to the site through the City of Wylie 2. Base maps and survey information for the landfill This scope does not include the following services. If required, these services would be performed at additional cost: 1. Additional borings, monitoring wells, or piezometers in excess of the numbers cited above. 2. Sampling or analysis in excess of that cited above 3. Ground-water remediation TERMS AND COMPENSATION Work shall be performed under the terms and conditions in the October 30, 1990 Professional Services Agreement between Client and JN. Compensation for services described in the scope shall be on a time and materials basis in accordance with the flat rate schedule of fees dated February 1 , 1990. The estimated cost for these additional services is $53,400. The total estimated budget including addendums is now $109,900. AUTHORIZED: ACCEPTED: CITY OF WYLIE JONES AND NEUSE, INC. BY BY lvt. Date Date J o --,gyp - Purchase Order No. Proposal No. P900203A (if applicable) Work Order No. JONES & NEUSE - - / r ! JONES AND NEUSE, 1NC. FLAT RATE FEES FEBRUARY 1, 1990 71.n following outlisee the (tat rate tiee and materials coapnsatiov basis. This schedule is reviewed periodically and nay be revised, subject to approval by the Client. Labor Engineer V 5135.00/boor Natty Engineer TV $i00.06/haur EngineerC III 505.00/hoax Engineer ii $75.o0/boar Engineer I $611.00/baar Graduate Engineer II 461.00/boer Graduate Engineer I $50.00/hour Environmental Specialist v • 1100.00/hour Environmental specialist xv te5.00the = Environmental Specialist III $75.00/hoer auvironsentel Specialist II $00.00/boar Revisvuseatal apeosa3L•t I $50.00/boar Geologist V $90.00/boer Geologist Iv $00.00/boar aeologist III 00.00/boar Geologist xi e6o.00/hour • oeologiat I 00.0o/bear Technician V $60.00/boer Technician IV $46.06/boar tsthnician III $40.00/boor Technician ii $10.00/beur Tcchaiciat I $25.00/hour clerk V 1160•00/beer Clerk iv f4o.00/baar Clerk III $5.00/Ucer Clerk II :1o.00/beer Clerk Z 520.00/bear Expert A labor rate enrcharge of 50% shall be added for expert testieoay time during trials, bearing., and Tortienny depositions. A minimum of i boors =pan testimoap time will be billed Coat each day that a staff masher is testifying. Trial, bearing, and deposition preparation will be billed at twiNcl rates. d.ot..ohnioal Field work and laboratory testing are Charged On a unit poet hula. Unit prices are independently Serviesa datemized on a job.to-job bash. The unit priors for field vosic and laboratory testing include labor and related expeneee. burly .nit price* are portsi-to-portal. Rseesdlatim ttsrnal, transportation, and disposal of wastes, as well as saes'• other reaediat ion activities' aim and Cletus charged 0n a wait Bost basis. Unit prime are independently determined an a jab-by-job basis. Service. Psisbu sable surveying 465.00/crew beer arpensaa Car/Truck Mileage $0.711aile rhotvcopies 60.20/pee TVUee npiew $1.00/page slmslies/solpmentionsrater Charges ,ia standard rates $saltb/Safety surcharge on lazadons Waste Work iut/Porsoo mn Subcontractors (Consultants. Soils, Laboratories, etc.) Oust plus 1St Other Expenses (Trival, Tele0000, Lodging, Meals, etc.) Cost plea lit Tema Oillings axe payable upon presentation end are past due 30 days from invoice date. ft ficuenob (barge of 1% per mouth will be added to part due a000unts. The mount of any excise, VAT, or gross receipts tax that say be imposed shall be added tO the oo pensatica as listamiaed above. JONES d NEVSs 7/ MEMORANDUM DATE: October 22, 1990 TO: Mayor and City Council • FROM: Bill Dashner, City Manage I' RE: Discuss and Consider Second Formal Response from Texas Water Commission Legal Counsel on Request for Remission of Fines and Penalties Attached is the most recent letter that I received from Texas Water Commission. The Commission' s staff and lawyers appear to be strongly opposed to this issue ever reaching the Commission as a formal agenda item. Attachment: Letter from Texas Water Commission TEXAS WATER COMMISSION B.J.Wynne,III,Chairman Via John J.Vay,General Counsel ' ;. John E.Birdwell,Commissioner ,� ° •�:./ Michael E.Field,Chief Hearings Examiner Cliff Johnson,Commissioner Brenda W.Foster,Chief Clerk Allen Beinke,Executive Director �� � a� � October 19, 1990 Mr. Bill Dashner, City Manager City of Wylie OCT 2 2 O 2000 Hwy. 78 N. - P. O. Box 428 Wylie, Texas 75098 Dear Mr. Dashner: This is in response to your letter to Ms. Claudia Chaffin dated September 18, 1990, regarding the elimination of stipulated penalties contained in the Enforcement Order issued against the City on July 3, 1989 by the Texas Water Commission. That Order will terminate December 31, 1991. As I explained in our telephone conversation of October 17, 1990, these stipulated penalties were pursuant to an agreement and were included in the Enforcement Order to deter future violations, provide incentive to cease pumping and hauling, and also have the effect of protecting the City in the event violations do occur. As I understood from our conversation, the City is continuing to pump and haul sewage in violation of the Commission's Order. If the stipulated penalties were removed from the Order, the Executive Director still has the authority to initiate new enforcement action against the City for violating the Commission's previous Order. The recommended penalties for this Order violation would most likely result in a higher penalty amount than that currently required in the stipulated penalties provision. Furthermore, the City agreed to the inclusion of stipulated penalties prior to issuance of the Order. Although the City may be actively pursuing elimination of pump and haul activities, the stipulated penalties will remain effective until the Order expires, and must be paid as long as the pumping and hauling of sewage continues. If the City wishes to request an amendment to the Enforcement Order, it may do so; however, the staff recommendation to the Commission would be to deny such an amendment for the reasons stated above. The Commission has the authority to either approve or disapprove the requested amendment. You may notify either myself or Ms. Claudia Chaffin if the City desires to pursue formal amendment of the Enforcement Order. Sincerely, J nnifeA. Smith Staff Attorney, Legal Division P.O.Box 13087 Capitol Station • 1700 North Congress Ave. • Austin,Texas 78711-3087 • Area Code 512/463-7830 PRINTED ON RECYCLED PAPER MEMORANDUM DATE: October 31 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager 6 NI RE: Discuss and Consider Award ng Competitive Bid for the Purchase of One (1) Used Gradall and One (1 ) Used Motor Grader As authorized by the City Council the City has solicited competitive bids for three (3) pieces of equipment . They are: 1 Used Gradall 1 Used Motor Grader 1 Flat Bed Truck The bids are as follows: Make and Model Bidder Cash Price Lease Price Gradall G440 AIS Continental $32 ,000 0 Serial # NP270922 Gradall G440 NTEC $16 ,500 0 Serial # 294597 Year 79 Gradall G600 NTEC $14 ,500 0 Year 66 Badger 300 Martin Equipment $26 ,900 $1,288 . 38/MO Year 79 (24 Months) Badger 444 Martin Equipment $96 ,500 $4 ,474 . 71/MO Year 1987 (24 Months) Badger 460 Martin Equipment $97 ,900 $4 ,539.62/MO Year 1989 (62 Months) Galion 503L NTEC $12 .500 0 Motor Grader Year 74 Used Flat Bed Truck NO BIDS RECEIVED • In the FY90/91 budget the City Council earmarked $32,000 for the purchase of heavy equipment, therefore, it is hereby recommended that the bids be awarded as follows : North Texas Construction Equipment Co . Gradall $16 ,500 Denison, Texas North Texas Construction Equipment Co. Motor Grader $12 ,500 Denison, Texas TOTAL $29 ,000 The equipment has been inspected and operated by City Employees . For your information I have attached a copy of the two low bids which gives all specific details on the equipment . NORTH TEXAS CONSTRUCTION EQUIPMENT CO, P.0. Box 191 4217 Highway 75 South DENISON,TEXAS 75020 CONSTRUCTION EQUIPMENT- RENTAL-SALES (214)485-4035 FAX:(214)463-7171 October 24 , 1990 Purchasing Agent, City of Wilie 2000 Hwy 78 N . P . O. Box 428 Wylie, Texas 75098 BID NO . 91-03 ONE USED EXCAVATOR Gentlemen : We wish to quote a Used G-600 Gradall S/N NP119340, Truck S/N 20538, 4-53 Down Quote Fourteen Thousand Five Hundred Dollars ( $14 , 500 . 00 ) . • Award & acceptance of this quote shall be within fourteen days of the above date , payment shall be no later than thirty days of the above date . We feel your Instructions/Terms of Contract are not applicable in the purchasing of used equipment, therefore we offer the above with thirty day Power Train Warranty, excluding normal leaks , work to be performed in our facility in Denison , Texas . Since the property quoted is second-hand property N*TEC makes no warranty of any kind, with the above exception , and sells the goods on an "AS IS" basis , further seller makes no warranty of any kind, except 30 day Power Train only, whatever express or implied and all implied warranties of merchantability and fitness for a particular purpose are hereby excluded from this agreement . .R:espec)tfully submitted , Dave Mollenhour NORTH TEXAS CONSTRUCTION EQUIPMENT CG P.O.Box191 4217 Highway 75 South DENISON,TEXAS 75020 CONSTRUCTION EQUIPMENT-RENTAL-SALES (214)465-4035 FAX(214)463-7171 October 24 , 1990 Purchasing Agent , City of Wilie ' 2000 Hwy 78 N . P . O . Box 428 Wylie , Texas 75098 BID NO . 91-03 ONE USED EXCAVATOR Gentlemen : We wish to quote a Used G-440 Gradall S/N NPR Tj sq7 , Truck S/N Detroit up Chrysler down . 1978 year model Quote Sixteen Thousand Five Hundred Dollars ( $16 , 500 . 00) Award & acceptance of this quote shall be within fourteen days of the above date , payment shall be no later than thirty days of the above date . . We feel your Instructions/Terms of Contract are not applicable in the purchasing of used equipment , therefore we offer the above with thirty day Power Train Warranty, excluding normal leaks , work to be performed in our facility in Denison , Texas . Since the property quoted is second-hand property N*TEC makes no warranty of any kind , with the above exception , and sells the goods on an "AS IS" basis , further seller makes no warranty of any kind , except 30 day Power Train only, whatever express or implied and all implied warranties of merchantability and fitness for a particular purpose are hereby excluded from this agreement . Respectfully submitted , 1 Dave Mollenhour 77 At," r NORTH TEXAS CONSTRUCTION EQUIPMENT CO. r ;91 P.O. Box 191 1;; • 4217 Highway 75 South DENISON,TEXAS 75020 CONSTRUCTION EQUIPMENT- RENTAL-SALES (214)485 4035 FAX: (214)483.7171 -REFERENCES : SPANKY BROWN BUCKSKIN CONSTRUCTION WILBURTON, OKLAHOMA 918-465-5533 TOM JOHNSON EAST TEXAS WELDING PALESTINE, TEXAS 214-549-2020 JERRY PAUL HIGGINS SHERMAN , TEXAS 214-893-0672 BID FORM BID NO._ /- _ THE FOLLOWING INFORMATION MUST BE PROVIDED IN ORDER FOR YOUR BID TO BE CONSIDERED. 1 . Article XI Section 5 Personal Financial Interest of the City Charter states in part that "no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service. " 2. Is the bidder or any person having a direct or indirect financial interest in the ,p,id er, an officer or employee of the City_ AJ If yes, please identify the person or persons and the exact nature of the interest. 3 . Is the bidder or any officer or manager of the bidder related to a Manager of the City department, any employee of the City Purchasing Department, City Manager, or any member of the City Council? ivo If yes, please identify the relationship between the bidder and the City. Signature Title Company Name ik-i- z, Bo x Address ct__)42 1/1 "j _, ) .50 o 7 BID FORM BID NO. /--� THE FOLLOWING INFORMATION MUST BE PROVIDED FOR YOUR BID TO BE CONSIDERED. House Bill 620 Municipal Contracts: Non-resident Bidders. New law of the State of Texas 69th Legislative Regular Session prohibits cities and other governmental units from awarding contracts to a non-resident bidder unless the amount of such bid is lower than the lowest bid by the Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders state. In order to make this determination, please answer the following questions: 1 . Give the address and phone number of your principal place of business. 6) 0-vvc4 z- z7 0 3 2. Give the name, address of principal place of business and phone number of your company' s majority owner. 3. Give the name address of principal place of business and phone number of your company' s ultimate parent company. PAGE--2 4. If in any of your answers to number 1, 2, or 3 above, the answer indicated a principal place of business other than within the State of Texas, you are required to provide a copy of all relevant laws applicable to non-resident bidders in the other jurisdiction. Failure to supply this information may result in the rejection of this your bid. ) (/ C(;: Signature Title Coi any Name and Address ‘1(4.,d 80 s ,0,;1 1 .6- , , 7 .�o z r, • U/ NORTH TEXAS CONSTRUCTION EQUIPMENT CO. P.O. Box191 4217 Highway 75 South DENISON,TEXAS 75020 CONSTRUCTION EQUIPMENT-RENTAL-SALES (214)485-4035 FAX(214)483-7171 October 24, 1990 Purchasing Agent, City of Wylie 2000 Hwy 78 N . P . O. Box 428 Wylie, Texas 75098 BID NO. 91-02 One Used Motor Grader Gentlemen : We wish to quote a Used Galion Model 503L Motor Grader Serial Number HD-06481 ( 1971 or later) hours not available . Bid amount delivered to City of Wylie Twelve Thousand, Five Hundred Dollars ( $12 , 500 . 00) . Award & acceptance of this quote shall be within fourteen days of the above date, payment shall be no later than thirty days of the above date . • We feel your Instructions/Terms of Contract are not applicable in the purchasing of used equipment, therefore we offer the above with thirty day Power Train Warranty, excluding normal leaks , work to be performed in our facility in Denison , Texas . Since the property quoted is second-hand property N*TEC makes no warranty of any kind , with the above exception , and sells the goods on an "AS IS" basis , further seller makes no warranty of any kind, except 30 day Power Train only, whatever expressed or implied and all implied warranties of merchantability and fitness for a particular purpose are hereby excluded from this agreement . espectfully submi d, Dave Mollenhour rl • • g'02) NORTH TEXAS CONSTRUCTION EQUIPMENT CO. P.O. Box191 4217 Highway 75 South DENISON,TEXAS 75020 CONSTRUCTION EQUIPMENT-RENTAL-SALES (214)485-4035 FAX(214)463-7171 REFERENCES : SPANKY BROWN BUCKSKIN CONSTRUCTION WILBURTON , OKLAHOMA 918-465-5533 TOM JOHNSON EAST TEXAS WELDING PALESTINE, TEXAS 214-549-2020 JERRY PAUL HIGGINS SHERMAN , TEXAS 214-893-0672 BID FORM BID NO. �/— THE FOLLOWING INFORMATION MUST BE PROVIDED IN ORDER FOR YOUR BID TO BE CONSIDERED. 1 . Article XI Section 5 Personal Financial Interest of the City Charter states in part that "no officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service. " 2. Is the bidder or any person having a direct or indirect financial interest in tt bdder, an officer or employee of the City_—, If yes, please identify the person or persons and the exact nature of the interest. 3 . Is the bidder or any officer or manager of the bidder related to a Manager of the City department, any employee of the City Purchasing Department, City Manager,A�qr any member of the City Council? 1U e) If yes, please identify the relationship between the bidder and the City. /IL Signature Title /1)-7 c.52"-1/1- ,VC.. Co any Name �ess ��►,. J ( ; 7 go�_ U - BID FORM BID NO. ?,----01;)- _ THE FOLLOWING INFORMATION MUST BE PROVIDED FOR YOUR BID TO BE CONSIDERED. House Bill 620 Municipal Contracts: Non-resident Bidders. New law of the State of Texas 69th Legislative Regular Session prohibits cities and other governmental units from awarding contracts to a non-resident bidder unless the amount of such bid is lower than the lowest bid by the Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders state. In order to make this determination, please answer the following questions: 1 . Give the address and phone number of your principal place .of business. 13 c) X (f r o l oz` -74 .6 7.5-7-0 2-U 176 — 0 3 2. Give the name, address of principal place of business and phone number of your company' s majority owner. 3. Give the name address of principal place of business and phone number of your company' s ultimate parent company. eC PAGE--2 4. If in any of your answers to number 1, 2, or 3 above, the answer indicated a principal place of business other than within the State of Texas, you are required to provide a copy of all relevant laws applicable to non-resident bidders in the other jurisdiction. Failure to supply this information may result in the rejection of this your bid. Rt 9 Signature Title Copany Name and Address f 8 0 V - f(�--) s 4-)( 7 502- MEMORANDUM DATE: November 6, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage Vdsollifds•••• �... RE: Discuss and Consider Awarding Bid for City' s Ambulance Service to A-1 Ambulance Service and Authorize the execution of a Two (2) Year Contract The City has gone through the competitive bid process . Six (6) possible bidders picked up bid packets. The City received only two (2) bids. They were as follows : 1) A-1 Ambulance Service 10840 Switzer , Suite 101 Dallas, Texas 75238 Bid $128 ,400 .00 Alternative Bid $116,200 .00 2) Central Ambulance 3710 Commerce St . P. 0. Box 11355 Dallas, Texas 75223 1st Year Bid $188 ,000 .00 2nd Year Bid $188,000. 00 A-1 Ambulance Service in their proposal meets all bid specifications which include certification , insurance and bond requirements . it is my recommendation that the City Council award the bid to A-1 Ambulance Service in the amount of $128 ,400 per year . This bid includes a contractual commitment to one (1) new ambulance within 120 days of contract start , lease-hold improvements to City building of installing shower stalls , kitchenette improvements , inside painting and carpet which are needed but not required. These lease-hold improvements are estimated at approximately $5 ,000 . It is recommended that the new contract begin December 15, 1990 and end on December 15 , 1992 with additional one (1) year option renewal clause. The bidder will purchase a $128 ,400 performance bond if they receive the bid award . A performance bond of this amount will be required each year of the contract . As a part of the award the City Council at a future meeting will be asked to adopt a new ordinance establishing rates and operational procedures . The reason the $116 ,200 bid is not recommended is that A-1 Ambulance was found not to be in compliance with RFP specifications. Principally this was because no performance bond was included in the bid, moreover , the alternative bid does not call for the purchase of new capital equipment (ambulance) . MEMORANDUM DATE: October 31 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage 4*4414/41‘�. RE: Discuss and Consider Form Response from State Department of Highway and Public Transportation on Access Driveway Located 330 Ft & 580 Ft South- West of FM 544/Kirby Street Intersection Attached is a letter I received from the State Department of Highway and Public Transportation on the above referenced issue. We have been meeting with hospital officials and Brookshire officials to eliminate this problem. Attachment: Letter from State Department of Highway and Public Transportation Sr MEMORANDUM DATE: October 31 , 1990 TO: Mayor and City Council //����__���� FROM: Bill Dashner, City Manage 0100*"'"41`� RE: Discuss and Consider Form Response from State Department of Highway and Public Transportation on Access Driveway Located 330 Ft & 580 Ft South- West of FM 544/Kirby Street Intersection Attached is a letter I received from the State Department of Highway and Public Transportation on the above referenced issue. We have been meeting with hospital officials and Brookshire officials to eliminate this problem. Attachment: Letter from State Department of Highway and Public Transportation SS" T © nii fE .I 1 W !t ��. NOV 1990 COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR ROBERT H.DEDMAN,CHAIRMAN AND PUBLIC TRANSPORTATION ARNOLD W.OLIVER,P.E. RAY STOKER,JR. P.D.xoX 3067 WAYNE B.DUDDLESTEN DAI.I.AS,TEXAS 75221-3067 (214)320-6100 October 31, 1990 Control: 0281-02 CONTACT: Highway: S.H. 78 County : Collin RE: ACCESS DRIVEWAY LOCATED 330 FT & 580 FT SOUTHWEST OF FM 544/KIRBY STR INTERSECTION Mr. Bill Dashner City Manager City of Wylie 2000 Hwy. 78 N. P.O. Box 428 Wylie, Texas 75098 Dear Mr. Dashner: Our office has reviewed the information pertaining to the above referenced driveway facility sent to us on October 2, 1990 from you. This permit for the Brookshire's driveway will be considered null and void if the driveway has not been constructed within six (6) months from the issuance date of the permit. The detailed sketch for this permit indicated that the Brookshire Tract was independent of the already existing driveway facility at Wylie Community Hospital until such time as the hospital dedicated joint access easement. Our office was under the impression that this meant an agreement was pending with the hospital and the grocery store to utilized the two drives as one-way ingress and egress. The State suggests that the City of Wylie enforce a joint usuage of the two access driveways as indicated or no access to Brookshire's will be permitted. We would deem it a potential congestion and safety problem that will affect traffic flow on SH 78 if two independent driveways exist at this location. g;? Control: 0281-02 Highway: S.H. 78 County : Collin Page 2 October 31, 1990 If you have any further questions concerning this matter, please contact Lisa Palmer at 214-320-4446. Sincerely, James E. Hunt, P.E. Managing Resident Engineer LCP:lcp cc: R.E. (Hunt) Lee Wallen Blansett ?I° MEMORANDUM DATE: November 5, 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage ' 0I( RE: Discuss and Consider Acc pting Formal Proposal For Security System and Fire Protection System At the Smith Public Library For some time now we have been studying security systems for the Smith Public Library. Hereby recommended is a system for unauthorized entry and smoke detection. This system has a direct communication link with the police department alarm system. This system is the best we could find to protect the public and the resources at the Library. This system is completely sensored at all strategic locations in the building and also includes smoke detectors. The cost of this system is $990 .00 for one (1) time installation and $21 .95 per month for on-going maintenance and repair . Therefore, it is recommended this proposal be awarded to EMNET, Inc . -.0 ,..„fc..30! :-.1 4:.D re-Q40f3 tiwi :0 tV V;L.0_J-V ----- V -- --t.-->-;'er N/0;to k-ki ic7-jatft4-3t".1 -D P:SS-bd -:-ilk )5 CilZ:1-1S = i . . t - - ---- - • _ 6 1:3 .allk. 1 ; . I . : f ---- cA Qi. ...„ i ) ` • . _ . , V I i ! I 1 . 1 i . I cril a • a en \„,1,,,,f /_3.1_1)1 ---LA J---L-1.4---1....1---L--1 • ' '1 • James Johnson � i City of Wylie __..._._..._.._1 P.O. Box 428 Wylie, Texas 75098 Mr . Johnson, Because of the flexible nature of our system I have designed the most foolproof yet still simple system possible, keeping in mind the creativity of the youths who have been causing the damage . Motion detectors in each room which will be activated even if a window is carefully removed and a person tries to step in . Because children are daily in attendance I strongly advise against any direct widow contacts they might play with . Direct hidden detectors for each door also to include an interior trap should they attempt to penetrate the roof again. The keypad will include panic buttons for fire, ambulance, and police . I have also included a smoke detector which will detect fire more quickly than the infra red detectors which are activated only by actual flame . The system will contain a battery backup and siren as well as being monitored twenty four hours a day by our station. The quote 990 . 00 includes all of the listed items, it would be possible to reduce by up to a hundred and fifty five dollars as listed but I feel the • extra trap and the smoke detector offer protection both when closed and when children might be in attendance . Thank you for your consideration and should you require any special forms just call or beep me . Sincerely, ke Robinson "` 424-6808 Pager 804-7273 then your # • • 9.3 PROPOSAL k=:1-"flh 111 - 1 DATE .272 ,7 ,0 • M h<r: oa,,v,50/1 14z-y foe /0/06-4;td90Y- 1-,"' EMNETINC'. 3033 KELLWAY• DRIVE CARROLLTON,TEXAS 73006 (214) .411-0600--- A COMPREHENSIVE PROPOSAL FOR: NAME 1 W y 2-//3/e(9,eY •T:r. COMPANY NAME C. iryD id)/A,/•Q_ , = CITY kJy e_ EMNET, INC. PROPOSES TO SUPPLY AND INSTALL THE EQUIPMENT AND/OR DEVICES LISTED BELOW IN A WORKMANLIKE MANNER AND AT PRICES QUOTED. ..•••• . OTY. TYPE DEVICE iii.1171.1M.11111.1101 (40ATi64.!1.11011111.,INAT!IRA j,v/.--/1 Al 0 t1,0 z)c 7— ,Riyi A1- r4/tZ y - J, ,et=",o7,11epAlopfri , ,e Do 0# f:WA ce -0 7 2- . /LI 0/L ok , B L=7 .c,c) 73711, 1 (Pee) -c't '71-0 D 44 c 4- ,907--zeroit /91 ,0 zrfrey .5/7t,e7v /70 z). •c7.3,c2__ / C- 0•(ll72c) -" ,(1,er_ By 2 Ax-- / 7". ..e o 4 t9F7fr-ic e- N1J ,6/11D D b,e 67- INSTALLATION . m6g• EMNETINc. ACCEPTED: •By • - e • . • • • • , . 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'" , .. • • • RI Reliable electronic monitored protects you around the clock. 1 . , '',CI'Y':. : i WHEN YOUR OFFICE I 1, I I IS LOCKED UP •'�'- FOR THE HOLIDAI SS... i While soar n(�in'is Ir(t \ � ® unatten(led.wur �.__�:IL. ._ - �. �, ,� - ' _ ,r � -r. 1 ['II'CIIiIIII(SCl II1111 51tifi III " !. + p:{Y*. tt _.: tells the nuuritor ing mg �o� 14 ,nit personnel II an%dung €.. c.. ••., t ;11ii.3, disturbs sour doors. vs - MUM ' ' : Sr- 7,.w iiindotis,or i'uish sensors G ` , f , 4._ fi1w ,i r I' 1 . -_:r.' THE MOST RELIABLE TECHNOLOGY MORE PROTECTION FOR THE PRICE IN THE ALARM BUSINESS Cost-effective is the watchword of the Radionics 4112 Control The 4112 Control Panel is the result of years of development Center. Based on time-proven security systems.it offers more by Radionics,Inc.,the technological leader in security- useful features than any comparably priced system. communications.The 4112 Control Panel contains the The 4112 gives you five personal passcodes that are used to microprocessor that operates your security system.Like all truly turn the system on and off.You can even have passcodes changed user-friendly systems,it gives you instant fingertip control. remotely by your central station,letting you assign short-term - When you use the Command Center that runs your security passcodes easily with just a phone call. system,you touch fewer buttons than it takes to make a phone The system's remote control capability lets your monitoring call.This simplicity is the result of using the most advanced company turn your system on for you at the end of the day from electronics employed in commercial security their facilities. It eliminates costly service calls to your office. At a glance,your Command Center tells you the status of your That's security convenience and economy,all in one package! system—whether the interior or perimeter devices are turned on, or both.And you can tell which of your protected zones are active. And you can press a few buttons to test your system whenever you want to,as often as you like.You never have to doubt that .--'"I p . you're protected.Or your alarm company will be glad to test your t ` system for you. x, WHEN YOU GET.aN a 1 1 ,, - I ,t!• AFTER HOURS_ ' t :i r DELIVER}'.. t ° The flexibility hush into r� i '. the 4112 Control Panel less i. }z Le.' - you bypass the sel urits ri '� 1 r srsiem at die loading(loth (ur any other dour)%Jule - - beeping the rest of solo 40" pwiettilnl on lull ales t S. I 7 .`'.th. 1 :n 1-..,, 1 III 11'i ti 1 41 } -- \11IRII\,, 1 III �c� 1Z� - , t i I I I I i ra --��_ ,1 /' Iql Mil Ir -„rr, li:Il.Ina ..� "� �— r rUl 1111 ,i�r Irl Jiii rl " � f,,111,n( f1u .l 'rl. . • CHOOSE YOUR PROTECTION INSIST ON PROOF OF QUALITY Every business is different.The 4112 system lets you decide The 4112 Control Panel has passed all the tests needed to where to focus special protection. earn the coveted Underwriters Laboratories label. We can place selected sensors wherever you want them.An 1Vhen reliable business protection is your goal.be sure that alarm will sound—in your office to scare off intruders.or at the your security system meets the very highest of monitoring station only.or both places.as you decide. standards. You can have special protection for these key points,or of Compare reliability:economy flexibility anything you choose. and quality and you'll choose the 4112. •Cash drawer •Skylight •Safe •Garage •File cabinet ► l. ;,�t� ' "-- •Computer equipment r• j•, 'tib 1 4' 7r •Locker i .b' •' ,' ` `: This pinpoint protection is in addition to the security • provided at doors and windows,and by intrusion sensors covering ; ,I). , ,. key areas inside the building. ••• ;� I, I ' !_ Two special buttons on the Command Center can be set up to ""„ II . ii . __1,,, , • send an instant signal for any purpose you choose,such as a panic I and duress alarms. Lk;` ,,.,,.<. Ask us about intrusion protection tailor-made to fit your business. I : • = ' 19} Y ;i1:1", .' , 6; . k 1 •I 7 1) WHEN THE NIA INTEN:%NCE CREW COMES IN... Service crews can he assigned special passcodes. We can easily change codes any time by remote programming from our office. Reliable, a r o able peace of mind. Pr t t . th .t choke . freedom f The Command Center is designed with flexibility in mind,to protection.At the Command Center,you set the system to have an - make it simple for you to fit your security system into your style of alarm go off as soon as any window or door is opened,so no one doing business. can go in or out without sending an alarm signal. Look at these sample scenarios—all achieved with two or •You're in the front office after hours and a delivery is being three taps on the keys: unloaded at the back dock.You turn on the protective boundary to •You're leaving for the day but a cleaning crew is working skip over the dock bay door.You can have the circle of protection late.You turn on just the perimeter of protection and people can skip over any doors or windows you select. still move freely inside the building.A couple of keystrokes gives The Command Center lets you do what you want to do,at the you time to go out the door before the alarm system turns on. touch of a finger. •You're working all day Saturday and want maximum Easy-to-use Command Center puts control of your company's security at your fingertips Have you turned on the Numbered zones show you electronic protection that where the problem is. If electrical power ever fails the AC while you're away surrounds your place of business? light blinks to let you know. Are you free to move around inside without setting off an alarm? Indicator light tells you when Do you have time to get out -- — - - - system is processing a the door without triggering command. the system? These you give g lights i the " ''' g Y answers. ,: �;yo o:,6 Fingertip control keys are . on ©�* easier to use than your • r'f "''""� ' '' telephone.Most actions take only two keystrokes. Five distinct tones tell you. Neutral color blends with any Two special keys let you test what is happening in your surroundings.:: . y�.:;`;:` • your system or reset sensors alarm system. with one touch. For security around the clock, give us a call. L363 • 71-05434-000-A V • 7'y { Y S •1 .:4.r eit • r, y s�,l '; } i'1 ` !n M1 Step Arrowhead's New IR204 QUAD The IR204 QUAD Total Area Coverage The newest choice in Arrowhead's line of quality The most often needed pattern. 40'x 40. ith Passive Infrared Sensors, takes you steps beyond a 56'center zone, look down zone, and zone mask- the ordinary dual. pulse counting motion detector. ing is standard in the IR204. Optional lenses available are a 45'x 4'continuous curtain,a 30'\25 Superior Environmental Stability horizontal fan pattern with pet alley, and a long Arrowhead's QUAD O.P.S.E.(Optically Paired Signal range pattern. All in QUAD! Evaluation) circuit design provides you with the IIIIadvantage when up against the variety of environ- For more information on the IR204 contact our "!` mental situations found in today's tough installa- local Arrowhead Distributor or call(800)243-7852 Made In the USA tions. All in QUAD! Superior RFI/EMII Rejection Our Isolated Component Unit (ICU) design Arrowhead L provides the highest degree of protection against _.. ._ _ ._. Five Year electrical false alarm stimuli. All in QUAD! • Warranty Arrowhead Technologies Unique White Light Rejection 10 Gamewell Drive, Medway, MA 02053 ll� Special optical filtering provides complete protec- (800)243-7852 FAX (5081 533-6475 tion against false alarms from headlights,spotlights. 405 Tasman Drive. Sunnyvale. CA 94089 ULListed and flashlights. All in QUAD! (800)237-2344 FAX(408)744-1327 • PASSIVE INFRARED : IR204 IMO _r_x. Imilli pp Alarm LED I��� .0'o!u,1 +�11 TOP VIEW 40FT x 40FT LENS DIAGRAM :.`• ' .. walk Power Supply Alip •1'• 'Y!i~ , >, . Board AssemblyWI*CM a _ . Pattern Locator ll 0.,«»». .,......., LED 11 0G WC I) AIYI/W P »- I fi ,O.n V.C.A. 5,O ntTT O I�TI1bar 00 «uo 1O°T O Isolated i ------r t Component •- , »..e.I,. Unit(ICU) �.....�' L � Interchangable. 0 d,00.A.�_ --� Lenses I � l YCMI"'°' Quad Element SIDE VIEW YAO.M HA Look Down Pyroelectric - Lens p4 Detector _ _ - - - _ - r_�. --__. 45FT a 4FT SPECIFICATIONS: SIDE VIEW CURTAIN LENS DIAGRAM INFRARED DETECTOR: Pyroelectric, hermetrically sealed, quad element. i — LONG RANGE ZONE MOUNTING: Wall or corner. ; 1 --� � MOUNTING HEIGHT: 6' to 8' 'A '- \\\� m=NM® PROTECTION PATTERN: Standard 40' x40', 15 zones in four layers, 56' 3 ° $ IC 73 10 II AC ., center zone. Optional IA24 lenses include 45'x 4'continuous curtain, LOOK DONN SMOOTNANGE vo-eAwoEza.,E LONE ZONE 30' x 25'wide angle horizontal fan with pet ally, and a long range lens. POWER INPUT: 12VDC SOFT x25FT CURRENT CONSUMPTION: 20 mA TOP VIEW WIDE ANGLE HORIZONTAL FAN RELAY OUTPUT: Standard NO-C (form A), 100mA, 130VDC Maximum. ' • 1 ' Optional model IR204-2 contains NO-C-NC (formC). TAMPER PROVISIONS: Model IR204-2 only. SPST Cover activated. 100A, 130VDC maximum. OPERATING TEMPERATURE: +32F to +120F SIGNAL PROCESSING: Optically Paired Signal Evaluation • LED INDICATOR LAMPS: Alarm/Walk Test; Pattern Locator. SIDE VIEW Both with Disable Switches. .. _ _ _ - SIZE: 4.6" H, 2.25" W, 2.4"D. CONSTRUCTION: ABS plastic chassis and cover. • ZONE MASKING: Provided with each unit. - - PATTERN LOCATOR ALIGNMENT TOOL: IA20 optional LISTINGS: UL listed and ULC pending QUAD DETECTOR LOGIC WARRANTY: Five years FEATURES: UPPER (11 , SUPERIOR ENVIRONMENTAL STABILITY: Optically Paired Signal Evaluation (O.P.S.E.) circuitry and Quad LOWER 1' Arrowhead ", Element Pyroelectric Detector provides you with the "--' advantage in todays tough installations. = ALARM Arrowhead Technologies SUPERIOR RFI/EMI REJECTION: Isolating Circuit Unit (ICU) 10 Gamewell Drive design provides the degree of protection against electrial Medway,MA 02053 false alarm stimuli. , ' (508)533-5181 UPPER (800)243-7852 UNIQUE WHITE LIGHT REJECTION: Special optical filtering FAX(508)533-6475 provides complete protection against alarms caused by LOWER ' ,)__ headlights, flashlights, and spotlights. 'Silt 405 Tasman Drive TOTAL AREA COVERAGE: The most often needed pattern, Sunnyvale,CA 94089 40' x 40'with a 56' center zone, a look down zone, and = NO ALARM (408)744-1200 (800)237-2344 masking are standard. Optional lens available. FAX(408)744-1327 'c'Copyright 1989 Arrowhead Technologies Printed in the U S A PN 106.2000CS / 'a . SYSTEMS OWN Gi/A az P.O. Box 87085 Richardson,TX 75085 1 N C . (214)437.6278 Commercial& Residential Security Jim Holcumb City Of Wiley 200 Hwy 78 N Wiley TX 75098 Dear Jim . In accordance to our conversation concerning a security system for your Library on Thomas street, Onguard Security systems-Inc. submits the following for your consideration. 1 Radionics 4112 control communicator 1 4112 Keypad 6 Doors Contacted 1 Siren 4 Passive Infared motion Detectors This System installed for 1275. 00 Monitoring will be provided for 25. 00 per month. On-Guard Security systems Inc. appreciates the oppurtunity to bid on your facilities security system. If there is anything else we could do for you please do not hesitate to call. Sincerely, On-Guard Security Ri Phelps Commercial Security Consultant • • I O/ r@ . 0. 11 James Johnson OCT 2 91990 City of Wylie P.O. Box 428 Wylie, TX 75098 Mr . Johnson, The security system I proposed to you is based on a central monitoring station and a three year contract. We find that the additional features of the monitoring far offset the ongoing cost . The ability to summon separately, fire, ambulance, as well as police is a useful and occassionally necessary tool which can be used when the library is open as well as when closed . Our system is warranteed as follows . One year on all parts and necessary service, parts additionally lifetime to ongoing subscribers . Service calls are based on only thirty five dollars an hour . Experience shows that a system operating beyond the first year has little to no need for ongoing service . The police stations themselves of several neighboring communities including Dallas, Mesquite, and others use our monitored system because of it 's many additional features . The total dollars including the monitoring should be less than other systems will sell you a system outright . Sincerely, Mike Robinson 424-6808 / 22 0, .1ie CITY OP' WYLIE 2000 HWY 78 N - F.O. BOA 42&i WYLIE,TEXAS 75098 214-442-2236 Mike Robinson 10-18-90 Emergency Networks, Inc. 3033 Kellyway Drive, Suite #128 Carrollton, Texas 75006 • Dear Mr. Robinson: . The. City has received several security system proposals • regarding the Rita & Truett Smith Public Library located at 800 Thomas Street. . However, since the alarm unit will be housed at the Police Communications area, I do not believe monitoring will be necessary. Is there any way we can have a service charge only? Moreover, what warranty does this system carry and what is covered by the service charge? Please call if you have any questions. I anticipate a decision as soon as all questions are answered from the vendors. Sincerely, mes nson ; • Director of Finance 1 J uI A 11 1 1 1 y • 1 p It ri 1 CS• 4 1: 'f tf5 .j..„c.,: t ua.,riad Y ull. •24Illptf 14;•91 .:l, • /413 MEMORANDUM DATE: October 31, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage • RE: Discuss and Consider Authorizing a Letter to Collin County Commissioners Court for Assistance on The Reconstruction and Drainage Improvements to Kreymer Lane as a Part of Collin County Urban Arterial Road System Attachment: Letter to Collin County Commissioners Court • /afl VIie CITY OF VVYLIF 2000 HWY.78 N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor October 31, 1990 The Honorable Jerry Hoagland Don Hughes Collin County Board of Commissioners Mayor Pro-Tem Collin County Courthouse, 6th Floor 210 S . McDonald Street McKinney, Texas 75069 William Martin City Council Dear Commissioner Hoagland, As was discussed in our meeting on October 31 , 1990 the Wylie City Council on November 13, 1990 met and unanimously voted to request your assistance in participating with the City on the reconstruction of Kreymer Lane. Pat Stemple City Council As you know Kreymer Lane is a y part of the Collin County Urban Arterial System. The City of Wylie is willing to share with you finished engineering plans and specifications on this road. The City Council has also stated that the City of Wylie would pay its fair share in compliance with Steve Wright your policies. The City Council has asked me to extend City Council their appreciation for all the cooperation and assistance that you have been extending to the City of Wylie. I have instructed our City Engineer , Mr . Paul Beaver to work with your staff on this matter . Percy Simmons Sincerely, City Council • uA 4d Bill Dashner City Manager Chuck Wible City Council BD/ac cc: Paul Beaver , City Engineer Bill Dashner City Manager /DJ.00 MEMORANDUM DATE: November 5 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager l044444 RE: Discuss and Consider Federal Government Approval For Funding of National Guard Armory and Contract for Architectural Services in Order To Start Engineering Design Work on the New National Guard Armory Facility. On November 5 , 1990 I received word that Dickson Wells Architects in Dallas has been put under contract to design the new $3 ,000 , 000 , 40 ,000 square foot armory facility to be constructed on Spring Creek Parkway. Bill Dickson of Dickson Wells Architects told me they hoped to have plans and specifications ready in order to go out for competitive bids in August of 1991 . The City of Wylie is submitting permit applications with the two (2) railroad companies involved for crossing signals. There is a 500 foot strip between the two (2) railroads that the National Guard has agreed to put up $50 ,000 and Centennial Homes will pay for engineering on the construction of the new access road. The remaining funds for the construction of the road is still in doubt . I believe that Collin County may finance this. I have attached two (2) drawings showing the location details of this project . Attachments: 2 Drawings /°6 PROPOSED ZONING Civic Center Complex ('.oinmercial/Retail • f/ Office/Showroom ill/ "�` Light Industrial illi Multi-Family _- /Townhouse VIIII14111h —�'-- • r i i aPC ' School /e ear • at Ac%. �.• Single Family —� / 2.3"`' 4.0 I MI nniing indicated is suhirct to final approval by the `/ 3.3 AC. J '�— ties Citand ol Whitstreet uponimpr completion c and dedication of utili• A���POAO % C Dn. ' • .1 _i,'y� }r t''` Si0 . • ,i'ACT OA r t fu''�' "'.; 4 10.E AC. �r A5 `` �y r ►bOVt�` F*pA�NCAO - ',' , r`�,�r... 5y C. A Pb AtcNtbON. 'i_�\ %I 2.3 At1 I ' 2.1 AC.- \ --�-1 I 1 eo V s� 'J� TRACT RP ls. o.s AC. / / j�� I i0.6 AC. ; , /TRACY ' /�i� , I Wylie I10 < _ 2 > i : fCity . I - • •. Hall I �j ( !' �. TRACT A8 I. TRACT ( 2.o AC. I TRACT I W : k I r' : < 99 is ; i'' ;r I e.7 AC. 5.0 AC. e.a AC.. TRACT IC u F/PAC� y a TRACT 9A I I I w.s AC. I o I "'4z r•rt., z 4a AC. I I 0 ?A is ,iw,i�',; `i z46 / 4.2AC.� I ;t..:. •;.•' - - — STATE Hlf N. Woo V I - L /D7 N I 1 i 1 N _ DELTA = 03'45'S9' RADIUS = 2932.79' TANGENT = 96.43' LENGTH = 192.80' CHORD = 192.76' CHD BRG = N 60'09'02' E 0 3\ • i "" Zvi DELTA DIUS =14 0.00' w ` - / %� •%s TANGENT I. 241.96'� �lr- 0 300' 600' +°' LENGTH = 479.50 �� 8 y��� i' CHORD = 477.32' I �� � CHO BRG = S 37'03'33' E "' Scale: 1"=300' ' g-`'`�� PARCEL D ����46 ,� w ��� ,0�'�yi�� l0.al�sC�RES -�� --�� / / \ \ �' v ��6ti • \ m Q r�• 'M F• R-R' ��/ \ DELTA = 16'00'S0' /i 60 S to - ` = co RADIUS = 2932 79' %' I� ��09 6.2S11 w I,y TANGENT I. 412.54' ' LENGTH = 819.70' • ►.t�' N 7 __--� \ O CHORD = 817.03' ....... /// ./� ,6.251. - - --\ \ CHDBRG = N70'02'27' E 55 ' _��- N 01ro6'02' E ' -' DELRA AS�1567s 58' ' �I' SURVEY 117.74' ' TANGENT = 637.57� P\N fk CHORD -1226�18?• C�SCO �E `ANO. 6$a CHD BRG = N 69'58'53' E • RAN A85-j4tAC� i POINT OF BEGINNING ll f 8 PARCEL D I Ill CURVE 1 DELTA = 1217'40' lila RADIUS = 5779.58' TANGENT = 622.48' "ommisasmis LENGTH = 1240.18' N CHORD = 1237.80' — CHD BRG = S 7014'21' W A Preliminary Cost Estimate Spring Creek Parkway Texas National Guard,Wylie,Texas Paving 23'x 600/9 x$18.50/sy $ 28,400 Storm Drainage 400' x$54/ft 21,600 Bore Sewer under RR 4,800 Bore Water under RR 7,200 Manholes 2 @$1,200 2,400 8" Sewer 200' x$18 3,600 12" Water 200' x$28 5,600 $ 73,600 10% contingency 7,400 $ 81,000 Crossing(allowance) 150,000 $ 231,000 • • 0 RESOLUTION NO. O2-1/,/7D—,3 RESOLUTION FOR THE CITY OF WYLIE, TEXAS SUPPORTING THE LOCATION OF THE NATIONAL GUARD ARMORY IN WYLIE BY AGREEING TO FUND THE CONSTRUCTION OF THE SPRINGCREEK PARKWAY RAILROAD GRADE CROSSING AND THE EXTENSION OF UTILITIES: WHEREAS, The City Council agrees that the location of the National Guard Armory within the City will be a great asset for the citizens of Wylie ; and, WHEREAS, The City Council wishes to secure the donation of ten ( 10) acres of land from Centennial Homes, Inc. for the new site of the National Guard Armory; and, WHEREAS, The City Council agrees that the railroad grade crossings, one of which belongs to the Atchison, Topeka & Santa Fe Railway line and the other belonging to the St. Louis, Southwestern Railway Company, is necessary to provide access to the proposed site of the National Guard Armory; and, WHEREAS, The City Council agrees that the water and sanitary sewer mains must be extended across the Atchison, Topeka & Santa Fe Railway right-of-way in order to service the proposed National Guard Armory Facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION is RAILROAD GRADE CROSSING A grade crossing agreement will be secured from the St. Louis, Southwestern Railway Company for the Springcreek Parkway extension. The City will fund up to $140, 000 of the cost of the said railroad grade crossing at the time the agreement is secured. SECTION 2: UTILITY LINES EXTENSION The water and sanitary sewer mains will be extended across the Atchison, Topeka & Santa Fe Railway Company right-of-way in order to serve the proposed National Guard Armory facility. The City will fund up to $10, 000 of the cost of the said utility lines extension. SECTION 3: CONTINGENCY CLAUSE The St. Louis, Southwestern Railway Company grade crossing for Springcreek Parkway Extension will be funded by the City of Wylie, and the City of Wylie will also fund up to $10, 000 for cost of utility line extension contingent upon the National Guard Armory erecting their facility on the ten ( 10) acres being donated to the City of Wylie from Centennial Homes, Inc. PASSED AND APPROVED BY THE CITY C NCIL 0 THE CITY OF WYLIE, TEXAS ON THIS THE 13TH DAY FEBRU , 1990. 000111111/111111/ , „ Chuck Trimble, Mayor ATTEST: t===. SEAL Caroly- . on- , Citk =cretar MEMORANDUM DATE: October 29 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager • —ea' RE: Discuss and Consider Nort Texas Municipal Water District Proposal to the City of Murphy to Use the City of Wylie Wastewater Treatment Facilities Attached for your information and discussion is an initial proposal from North Texas Municipal Water District to the City of Murphy requesting that negotiations begin on this subject . • • //1 d_ \ ad I Z.,CI OCT 2 519J11 IIMINIMAIIIIPIIPI NORTH TEXAS MUNICIPAL WATER DISTRICT P.O.DRAWER C WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY PHONE NO.442-5405 October 24, 1990 Mr. Regina W. George, Mayor City of Murp y 205 N. Murphy Road Plano, Texas 7 094 RE: Wastewater Treatment Service Dear Mayor Ge\\\ge: After receiving your letter dated October 11, I have requested the NTMWD Staff to review the potential opportunities concerning additional wastewater treatment capacity. Also, I have proceeded with discussions with the City Manager of Wylie concerning possible acceleration of a partial regional plan whereby Wylie would accept excess wastewater flows from the City of Murphy. As you are aware the NTMWD does have a set of plans and specifi- cations to double the capacity of the existing Murphy Wastewater Treatment Plant . These plans were prepared by the NTMWD for a previous developer at the request of the City of Murphy. As an alternative, the City commissioned a study through the NTMWD which reviewed all opportunities and recommended serving the City of Murphy in the future by inclusion into a regional program with other cities on Muddy Creek. In reviewing these various programs it is my opinion that the City of Murphy could best be served at the Wylie Wastewater Treatment Plant by a contract with the NTMWD approved by the City of Wylie. This would require the City of Murphy to construct an interceptor line from the existing plant site to a major interceptor line in the City of Wylie and to negotiate an agree- ment with the City of Wylie for use of a portion of their system to carry the excess flows over and above the capacity of the existing Murphy plant to the Wylie plant . All of these improve- ments could be accomplished in a relatively short period of time (ten to twelve months) and would not require permits from the State or EPA. //41& Mr. Reginald W. George , Mayor City of Murphy 205 N. Murphy Road Plano, Texas 75094 October 24. 1990 Page Two I am in the process of further reviewing these alternatives with the City of Wylie and will be requesting a meeting with you and representatives of Wylie in the near future for further discussions . Should you have any questions please do not hesitate to contact my office. Sincerel CARL W. RIEHN Executive Director CWR:md cc: Bill Dashner J City of Wylie //J MEMORANDUM DATE: October 29 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage' µ kkoo.. RE: Discuss and Consider Approval of Multi- Jurisdictional Industrial Pre-Treatment Agreement with North Texas Municipal Water District and Approve Pre-Treatment Budget Agreement . Attached are two (2) documents . The first document is an agreement between the City of Wylie and North Texas Municipal Water District to do Wylie' s industrial pre- treatment testing and monitoring which will go into effect January 1, 1991 . This agreement includes a program for a total of four (4) cities . Document number two (2) is an agreement between the City and North Texas Municipal Water District which will cost the City $16,215 annually for this service. As you know the City is currently contracting this service out to a private engineering company. Attachment: Pre-treatment Program Agreement and Pre-treatment Budget Agreement /fl' 11111 NORTH TEXAS MUNICIPAL WATER DISTRICT P.O.DRAWER C WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY PHONE NO.442-5405 October 19, 1990 Mr. Bill Dashner City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 RE: Proposed Pretreatment Program Dear Mr. Dashner: I have reviewed the enclosed proposal for a pretreatment program as requested by the Wylie City Council. This appears to be a good start and a continuation of cooperation between the NTMWD and the City of Wylie. Enclosed for your review is a revised Multi-Jurisdictional Pre- treatment Agreement , Pretreatment Budget Agreement and Proposed Pretreatment Budget. The Budget is prepared to show the full fiscal year cost of the program, the cost of nine months (January 1, 1991 until September 30, 1991) , and the breakdown of the budget with the four cities of Frisco, Mesquite , Plano and Wylie participating. The NTMWD has enjoyed working with your staff to review your present program and to develop this program that assigns the majority of pretreatment activities to the NTMWD. Our goal would be to have all the documents executed before the first of the year. Please contact Mr. Dolan McKnight , Research and Development Manager, or my office with your comments or questions. Sin CARL W. RIEHN Executive Director CWR:DMcK:md Enclosures cc: Mr. Paul Beaver City Engineer City of Wylie Mr. Dolan McKnight , NTMWD /15 MULTIJURISDICTIONAL PRETREATMENT AGREEMENT STATE OF TEXAS § CITY OF WYLIE § COUNTY OF COLLIN § NORTH TEXAS MUNICIPAL § WATER DISTRICT WHEREAS, the City of Wylie, Texas, (the "City" ) has duly executed and entered into a CONTRACT dated as of the 14th day of July, 1987 , with the North Texas Municipal Water District (the "NTMWD" ) providing for wastewater service to the City, to which CONTRACT reference is hereby made for all purposes; and WHEREAS, the United States Environmental Protection Agency ( "EPA" ) has published and amended a rule which established mechanisms and procedures for enforcing National Pretreatment Standards controlling the introduction of wastes from non- domestic sources into Publicly Owned Treatment Works ( "POTWs" ) ; and WHEREAS, this rule, 40 CFR 403, required that a Pretreatment Program be developed for the Wylie Wastewater Treatment Plant and be updated as needed; and WHEREAS, the NTMWD, as the operator of the POTW, must comply with rule 40 CFR 403; and WHEREAS, it is required by the EPA that the NTMWD and the City enter into an agreement as to the duties and responsibilities of each entity in the conduct of the Pretreatment Program. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the City and the NTMWD agree as follows : SECTION I . That the following definitions apply: a. Industrial User (IU) - Means any person, including but not limited to, any individual, firm, partnership, corporation, association, municipality, or any other legal entity, who discharges or desires to discharge industrial wastes to the City' s domestic wastewater collection system. b. Significant Industrial User (SIU) - Means any industrial user of the City' s wastewater disposal system who: ( 1 ) is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or ( 2 ) has an average discharge flow of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater) ; or (3) contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (4 ) is designated by the NTMWD as defined in 40 CFR 403 . 12 (a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW' s operation or for violating any pretreatment standard or requirement ( in //' pretreatment standard or requirement ( in accordance with 40 CFR 403 .8(f) (6) ) . c. Act - Means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 United States Code 1251, et seq. d. Pretreatment Program - Means a program administered by a POTW that meets the criteria established in 40 CFR 403 .8 and 40 CFR 403 .9 , and which has been approved by the Regional Administrator in accordance with 40 CFR 403 . 11 . e. Indirect Discharge or Discharge - Means the introduction of pollutants into a POTW from any non- domestic source regulated under Section 307 (b) , (c) , or (d) of the Act. f . Interference - Means a Discharge which, alone or in conjunction with a discharge or discharges from other sources, both: ( 1) inhibits or disrupts the POTW, its treatment processes or operations , or its sludge processes , use or disposal; and ( 2 ) therefore, is a cause of a violation of any requirement of the POTW' s NPDES permit ( including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal by the POTW in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations ) : Section 405 of the Clean Water Act, the Solid Waste Disposal Act ( SWDA) ( including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) , and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA) , the Clean Air Act, the Toxic Substances Control Act, and the Marine, Protection, Researc' and Sanctuaries Act. g. National Pretreatment St ►dard , Pretreatment Standard , or Standard - Means any �gulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Clean Water Act which applies to Industrial Users . This term includes prohibitive discharge limits established pursuant to 40 CFR 403. 5. h. New Source - Means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307 (c) of the Act which will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that: (1) the building, structure, facility or installation is constructed at a site at which no other source is located; or (2) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) the production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same type of activity as the existing source will be considered. i . NPDES Permit or Permit - Means a permit issued to a POTW pursuant to Section 402 of the Act. j . Pass Through - Means a Discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW' s NPDES permit ( including an increase in the magnitude or duration of a violation) . k. Publicly Owned Treatment Works or POTW - Means a treatment works as defined by Section 212 of the Act, which is owned by a governmental entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature . It also includes sewers , pipes and other conveyances only if they convey wastewater to a POTW treatment plant . For the purposes of this article, POTW shall also include sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the NTMWD, users of the NTMWD' s POTW. 1. POTW Treatment Plant - Means that portion of the POTW which is designed to provide treatment ( including recycling and reclamation) of municipal sewage and industrial waste. m. Pretreatment - Means the reduction of the amount of pollutants , the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical , or biological processes, or process changes or by other means , except as prohibited by 40 Code of Federal Regulations 403 .5 . n. Pretreatment Requirements - Mean any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user. SECTION II. The effects of certain types of industrial waste upon wastewater and wastewater treatment processes are such as to require that careful consideration be made of each industrial connection. This is a matter of concern both to the NTMWD and to the City. The City covenants that it will have in effect and will enforce an industrial waste ordinance in a manner acceptable to Federal and State agencies or departments having lawful jurisdiction to set standards for waste discharges . The City will carry out a Pretreatment Program, which will include, but not be limited to, the following activities: a. The City shall require SIUs to comply with applicable Federal Categorical Pretreatment Standards and local limits as well as any applicable state and local standards. b. The City shall maintain certain information contained //, in permit applications as confidential at SIU's request insofar as said request may be honored under the provisions of Article 6252-17a, being the Open Records Act of the State of Texas . 7 . The City shall disallow dilution as a means of reducing pollutant concentrations in an SIU' s waste stream. d. The City and/or the NTMWD shall be authorized to enter IU premises at any reasonable time for independent monitoring, sampling, inspection, or review of applicable records to determine compliance . Visits/inspections may be conducted jointly by the City and the NTMWD, when feasible. e. The City shall require adherence to SIU compliance schedules , where necessary. f . The City shall annually provide public notification for instances of significant violation, as required. g. The City shall deny/revoke permit, disallow/disconnect service, assess civil or criminal penalties, and/or seek other available legal and equitable remedies against SIU for: 1 . discharge to sewerage system resulting in violation of POTW' s discharge permit conditions . 2 . hazard to health or life of POTW personnel or users of receiving waters. 3 . violation of any applicable ordinance or regulation. 4 . false information transmitted to the Control Authority or the Approving Authority through permit application, monitoring, reports, etc . h . The City shall furnish to the NTMWD all documents and records, in addition to those outlined herein, as necessary to demonstrate compliance by all industries . i . The City may request before March 1 of any year that the NTMWD amend this agreement to redefine or change City' s or the NTMWD' s responsibilities and activities. Upon approval of the NTMWD and the Approval Authority, such changes will be implemented on or before October 1 of that year. j . The City shall designate the NTMWD to be its authorized agent to administer the provisions of its Industrial Waste Ordinance as outlined in Section III below. SECTION III . The NTMWD covenants that it will be the designated agent to administer the Pretreatment Program for the POTW with the following responsibilities: a. The NTMWD shall identify all SIUs and at least every three (3) years update their Industrial User Inventory. b. The NTMWD shall notify all industrial users of applicable pretreatment standards. c . For each existing and future SIU, the NTMWD shall require said user to complete and submit a permit application meeting EPA requirements. After NTMWD approval of the application, the NTMWD shall develop a draft permit. The NTMWD shall provide to the City a copy of the permit application and a draft permit for review. The City shall provide comments on said application and draft permit within thirty (30) days to • the NTMWD. Failure to comment within thirty (30) days of receipt of the application and draft permit shall be construed as concurrence by the City. After review of the permit application and the permit, the NTMWD shall issue the permit to discharge. Said permit to discharge shall be required of all SIUs before said User will be allowed to discharge industrial wastes into the sewage system. A copy of the issued permit to discharge shall be sent to the City. d. For all SIUs, the NTMWD shall conduct scheduled, unscheduled and demand inspections and sampling . e . The NTMWD shall require all SIUs to self-monitor and report, as needed. The NTMWD shall require all SIUs to install monitoring equipment and facilities, as needed. f . The NTMWD shall choose or approve laboratories to analyze industrial wastes for self-reporting. g. The NTMWD shall require all IUs to notify the POTW and the City promptly upon the discharge of any slug load or spill that might contribute to an interference to the POTW. h. The NTMWD shall have the authority to deny or condition new or increased contributions of pollutants to the POTW by IUs where such contributions do not meet applicable pretreatment standards and requirements or could cause the POTW to violate its NPDES or Texas Water Commission permit. i. The NTMWD shall have the authority to change or add to local limits to prevent exceedance of stream standards for specific pollutants promulgated by the Texas Water Commission, or to prevent interference with the operation of the POTW ( including sludge treatment processes, use and disposal ) . j . The NTMWD shall establish monitoring methods and minimum sampling frequency for SIU self-monitoring as prescribed in the approved Pretreatment Program. k. The NTMWD shall analyze or cause to be analyzed all industrial waste samples collected by the NTMWD personnel (not the IUs ) . The NTMWD will annually establish as part of the budget, the cost for the scheduled analyses, but reserves the right to charge according to an agreed fee schedule for demand or other samples. 1 . The NTMWD shall provide interface with all regulatory personnel of both EPA and TWC with regards to required recordkeeping, reporting, and audits. m. The NTMWD shall apprise the City as to changes in Pretreatment Guidance and rules that will require amendments or changes to the Pretreatment Program and provide expertise in the implementation of these changes. n. The NTMWD shall maintain certain information contained in permit applications as confidential at SIU' s request, insofar as said request may be honored under the provision of Article 6252-17a, being the Open Records Act of the State of Texas. o. The NTMWD shall develop SIU compliance schedules and meet with the City and the SIU in determining the conditions of the schedules. p. The NTMWD shall provide IUs the proper procedures to /QU7 notify the POTW and the City upon the discharge of any slug load or spill . q. The NTMWD shall provide the required public notification for the City to publish, as per 40 CFR 403 . r. The NTMWD shall aid the City in legal actions by providing expert testimony regarding sample analyses and custody transfer, the pretreatment program, etc . s . The NTMWD shall provide the City all documents and records submitted to the Texas Water Commission arid the EPA regarding pretreatment activities involving the City and its IUs . t. The NTMWD will assist the City in public information activities regarding the Pretreatment Program. The length of this agreement shall be ( 5 ) years from the date of mutual approval of both the City and the NTMWD. /a/ IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies , have caused this Multijurisdictional Pretreatment Agreement to be duly executed in several counterparts, each of which shall constitute an original , the day and year as set forth below. NORTH TEXAS MUNICIPAL WATER DISTRICT By: G. W. Range President, Board of Directors Date: ATTEST: Brett Hall Secretary, Board of Directors APPROVED AS TO FORM: John E . Gay, Attorney for North Texas Municipal Water District CITY OF WYLIE, TEXAS By: Bill Dashner City Manager Date: ATTEST: Carolyn Jones City Secretary APPROVED AS TO FORM: City Attorney /ZZ PRETREATMENT BUDGET AGREEMENT STATE OF TEXAS S CITY OF WYLIE NORTH TEXAS MUNICIPAL COUNTY OF COLLIN S WATER DISTRICT WHEREAS, the City of Wylie , Texas (the "City") has duly executed and entered into a CONTRACT dated as of the 14th day of July, 1987 , with the North Texas Municipal Water District (the "NTMWD") providing for wastewater service to the City; and WHEREAS, the City has duly executed and entered into a Multi- ` jurisdictional Pretreatment Agreement with the NTMWD concurrently with this document , and to which AGREEMENT reference is hereby made for all purposes; and WHEREAS, funding must be provided and a Budget developed to carry out the Pretreatment Program of the City as outlined in the Multijurisdictional Pretreatment Agreement . NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein , the City and the NTMWD agree as follows: a. The NTMWD will prepare an annual Pretreatment Budget reflect- ing all anticipated costs in connection with pretreatment in sufficient detail to justify expenditures for salaries, materials, supplies , and contractual services. Except for the initial year of operation , 1990-91 , which is attached, the pretreatment budget will be submitted to the City on or before August 1 of each year . If a protest or request for a hearing on the Budget is not presented prior to September 1 , the Proposed Budget , on adoption by the NTMWD, shall be considered the "Annual Pretreatment Budget" for the ensuing fiscal year. b. In the event the City and the NTMWD are not able to agree on the Pretreatment Budget prior to October 1, the Budget for the previous year shall apply for the first sixty (60) days of the new fiscal year , with adjustments only to these items that are agreed to by the City . If, at the end of this sixty (60) day period, no agreement has been reached in the Pretreatment Budget , it shall be the duty of the NTMWD to fix the date and time for a hearing on the Proposed Budget before its Board of Directors and shall so advise the cities in writing. The Board of Directors shall consider the testimony and showings in such a hearing and may adopt the Budget or make such amendments thereof as it may deem proper. c. Except for the first year Budget , monthly payments shall be made by the City equal to the total pretreatment budget divided by twelve (12) and these payments shall be made /Q3 in advance on or before the tenth (10th) day of each month. The first year , the Pretreatment Budget will be divided by the number of whole months in the fiscal year after this agreement is executed. The first monthly payment due October 10 of each year shall be twice the calculated monthly payment with no payment due in September except for any adjustments previously approved by the City. At the end of each fiscal year any balance will be carried forward and the cost adjusted during the next budgetary period. d. Emergency expenditures not budgeted may be incurred with the concurrence of the NTMWD's Executive Director and the City Manager, subject to limitations placed on each by its respective governing bodies , with appropriate adjustments in monthly payments. Enforcement actions requiring expen- ditures beyond funds budgeted will be treated as emergency expenditures. Routine requests for adjustments in monthly payments must receive prior approval by the City. e. In the event the City shall fail to make any monthly payment by the twentieth (20th) day of the month in which due, after notice to the City, the District may terminate service in accordance with the termination provision of this agree- ment , Section f. f. Termination of this agreement may occur by either party notifying the other in writing at least thirty (30) days prior to termination date; notice to contain reasons for termination, copy of official notice to the EPA, and agree- ment for settling any outstanding financial obligations. It is further understood that termination of this agreement terminates the Multijurisdictional Pretreatment Agreement between NTMWD and City. g. Nothing in this agreement shall be construed as requiring the NTMWD to expend funds from any source other than the revenues received hereunder. All costs required by valid rules, regulations, laws, or orders passed or promulgated by the United States, the State of Texas, and regulatory and judicial branches thereof, having lawful jurisdiction, shall be the responsibility of the City. - 2 - /0? • IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies , have caused this Multijurisdictional Pretreatment Agreement to be duly execut- ed in several counterparts , each of which shall constitute an original , the day and year as set forth below. NORTH TEXAS MUNICIPAL WATER DISTRICT By : G. W. RANGE, PRESIDENT BOARD OF DIRECTORS DATE: ATTEST: ROBERT C. ALLEN, SECRETARY BOARD OF DIRECTORS APPROVED AS TO FORM: JOHN E. GAY, ATTORNEY FOR NORTH TEXAS MUNICIPAL WATER DISTRICT CITY OF WYLIE, TEXAS BY: BILL DASHNER, CITY MANAGER DATE: ATTEST: CAROLYN JONES, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY - 3 - 1990-91 ANNUAL BUDGET REGIONAL WASTEWATER SYSTEM EXPENDITURE DETAIL 25 WASTEWATER PRETREATMENT PROPOSED 1990-91 ANNUAL 9 MONTH PERSONAL SERVICES: 21-25-00-1010 Supervision $ 12,860 $ 9,645 21-25-00-1030 Skilled 21,847 16,385 TOTAL PERSONAL SERVICES: 34,707 26,030 SUPPLIES: 21-25-00-2030 Clothing Supplies 50 50 21-25-00-2060 Fuel , Oil & Lub. 1,386 1,040 21-25-00-2080 Small Tools & Equip. 100 100 21-25-00-2120 Chemical Supplies 425 425 21-25-00-2190 Vehicle Supplies 200 200 32-25-00-2191 Tires & Tubes 120 120 21-25-00-2200 Equipment Supplies 1,120 1,120 TOTAL SUPPLIES: 3,401 3,055 CONTRACTUAL SERVICES: 21-25-00-3020 Worker's Comp. Ins. 872 872 21-25-00-3030 Automotive Ins. 654 654 21-25-00-3060 Hospitalization Ins. 7,344 5,508 21-25-00-3070 Life Ins. 96 72 21-25-00-3071 Retirement 0 0 21-25-00-3080 Social Security 1,576 1,182 21-25-00-2190 Travel & Training 1,200 1,200 21-25-00-3200 Memberships & Subscriptions 133 133 21-25-00-3210 Vehicle Maintenance 100 100 21-25-00-3220 Equipment Maintenance 250 250 21-25-00-3210 Administration 2,400 2,400 21-25-00-3340 Laboratory Serv. 28,152 20,114 21-25-00-3350 Laboratory Serv. Contract 1,050 1,050 TOTAL CONTRACTUAL SERVICES: 43,827 33,535 TOTAL EXPENSE: 81,935 62,620 /.„? 1990-91 ANNUAL BUDGET REGIONAL WASTEWATER SYSTEM EXPENDITURE DETAIL 25 WASTEWATER PRETREATMENT PROPOSED 1990-9.1 ANNUAL 9 MONTH CAPITAL OUTLAY: 21-25-00-4030 Vehicle Equip. 7,250 7,250 21-25-00-4040 Office Equip. 800 800 21-25-00-4070 Non-Vehicle Equip. 5,100 5,100 TOTAL CAPITAL OUTLAY: 13,150 13,150 TOTAL OPERATING EXPENDITURES: $95,085 $75,770 PRETREATMENT COST ALLOCATION TO CITIES BASED ON INDUSTRIES PERMITTED ANNUAL 1990-91 INDUSTRIES PERCENTAGE BUDGET 9 MONTH Frisco 3 10.7 $10,174 $ 8,107 Mesquite 7 25.0 23,771 18,943 Plano 12 42.9 40,792 32,505 Wylie 6 21.4 20,348 16,215 TOTAL 28 100.0 $95,085 $75,770 /d7 MEMORANDUM DATE: October 29 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage (....- RE: Discuss and Consider A thorizing Necessary Expenditures to Construct Dechlorination Facilities at Wastewater Treatment Plant In Conjunction with North Texas Municipal Water District In order to comply with US EPA regulations the City of Wylie and North Texas Municipal Water District need to start construction work on this facility. The work to be done will cost an estimated $72 ,000. North Texas Municipal Water District will solicit competitive bids and oversee the work. The estimated construction completion date is June 1 , 1991 . This will be funded out of sewer bond funds if they are available, if not it will have to be funded out of the utility revenue budget . Attachment : Authorization Request from NTMWD and Discharge Permit Regulations /oft 131 tommammme NORTH TEXAS MUNICIPAL WATER DISTRICT P.O.DRAWER C WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY PHONE NO.442.5405 October 24, 1990 Mr. Bill Dashner City Manager D LS V LS City of Wylie P. 0. Box 428 OCr 2 5 1 Wylie, Texas 75098 RE: Wylie Wastewater Treatment Plant Dechlorination Facilities Dear Bill: As we have discussed, the EPA national pollutant discharge permit for the Wylie Wastewater Treatment Plant requires the installation of dechlorination facilities. This letter will explain the situation and offer a solution for your consideration. Attached to this letter is a copy of the NTMWD EPA Permit that on Page 3 of Part 1 , entitled Section B, provides the dechlori- nation compliance schedule. The permit was issued in July, 1990 and requires that the dechlorination facilities be complete and operational by July 1, 1991. The NTMWD has prepared plans and specifications for this installation but has not gotten under construction in accordance with the schedule. The following reviews various aspects of the program. A. Dechlorination is a goal which the Environmental Protection Agency determined to achieve several years ago. The State of Texas requires that the effluent be chlorinated prior to discharge in order to assure the destruction of bacteria in the discharge. The EPA has maintained the discharge of chlorinated effluents are detrimental to the streams and water bodies and therefore are now requiring dechlori- nation after the chlorination required by the state. The EPA started approximately two years ago by requiring the plants over 5 MGD to install the dechlorination facilities and last year started requiring all plants over 1 MGD to have dechlorination facilities as permits were renewed. is Mr. Bill Dashner City Manager City of Wylie P. 0. Box 428 Wylie, Texas 75098 Oct . 24. 1990 Page Two B. The expansion of the Wylie Wastewater Treatment Plant placed ownership of all the new facilities in the name of the NTMWD and also transferred the permit from the City of Wylie to the NTMWD. The responsibility for payment of the operations and debt service is placed on the city. The installation of the additional dechlorination equipment is considered a capital improvement . C. As the dechlorination addition to an existing plant is not a major undertaking the NTMWD engineering staff has designed and constructed these improvements on the NTMWD's larger regional plants such as the Wilson Creek Regional Wastewater Treatment Plant , Rowlett Creek Regional Wastewater Treatment Plant , Mesquite Regional Wastewater Treatment Plant and Floyd Branch Regional Wastewater Treatment Plant . Currently three of the smaller plants , two in Rockwall , and the Wylie Plant , are under permit requirements for dechlorination facilities. The NTMWD Staff has proceeded with the design for the construction of dechlorination facilities at these three plants. D. Funding for construction of the facilities was not included in the NTMWD Operational Budget for the City of Wylie as it was not determined at that time how the funding would be arranged. The current cost estimate for the City of Wylie is $72 ,100. This is based on a rough construction estimate by the NTMWD Engineering Staff based on experience in the construction at the four major plants. It is assumed at this time the cost would be no greater than this amount ; however , any savings would be passed directly to the city. E. It is essential for construction to start as soon as possible on these facilities to assure compliance with the schedule. Based on requests, the NTMWD is currently evaluating the possibility of having the equipment installed by NTMWD Mainte- nance Personnel which could reduce the cost and would further assure the installation being completed in a timely manner. 4962 Mr. Bill Dashner City Manager City of Wylie P. 0. Box 428 Wylie , Texas 75098 Oct . 24. 1990 Page Three From our previous discussions , I believe funding may be available by the city to proceed with this program. It would be appreciated if you would expedite the necessary actions to obtain authority to utilize funds of the city for this purpose. As soon as the program is approved by Wylie , we will request the NTMWD Board's permission to proceed. If we do not meet the schedule , the EPA could start fines which could continue until the matter is corrected. Should you need any additional information please do not hesitate to contact my office. Sincerely, CARL W. RIEHN Executive Director CWR:md Attch. cc: (without attachment) Rita Smith Jim Parks Bill Avery Paul Beavers /J/ Permit No. TX0025950 AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Clean Water Act , as amended by the Water Quality Act of 1987 (Public Law No. 100-4 , et. seq. ) , hereinafter called the "Act" , North Texas Municipal Water District City of Wylie WWTP P.O. Drawer C Wylie, Texas 75098 is authorized to discharge from a facility located south of State Highway 78 and west of Birmingham Street in the southwestern section of the City of Wylie in Collin County, Texas , to receiving waters named an unnamed tributary adjacent to the plant site ; thence to Muddy Creek; thence to Lake Ray Hubbard in Segment No. 0820 of the Trinity River Basin, the discharge is located on that water at the following coordinates: Latitude: 32° 59 ' 50" N Longitude: 96° 33 ' 05" W in accordance with effluent limitations , monitoring requirements and other conditions set forth in Parts I , II , and III hereof. This permit shall become effective on August 28, 1990 This permit and the authorization to discharge shall expire at midnight , August 27, 1995 Signed this 27th day of July 1990 (4? 4:pz_,..e6-- Myron 0. Knudson, P.E. Director Water Management Division (6W) • • A3Pb Permit No. TX0025950 Page 2 of Part I SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final Effluent Limits During the period beginning on the effective date of this permit and lasting through date of expiration, the permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations 30-day Avg. 30-day Avg. 7-day Avg. Daily Max. Kg/dav(Lbs/davl Flow N/A Carbonaceous Biochemical Oxygen Demand (5-day) 76 (167) 10 mg/1 15 mg/1 N/A Total Suspended Solids 114 (250) 15 mg/1 25 mg/1 N/A Ammonia-Nitrogen 23 (50) 3 mg/1 6 mg/1 N/A Dissolved Oxygen(Minimum) N/A 4 mg/1 N/A N/A Arsenic 1 Monitor and Report * Flow must be monitored and reported. The effluent shall contain a total residual chlorine (TRC) of at least 1. 0 mg/1, prior to final dechlorination and disposal, after a detention time of at least 20 minutes (based on peak flow) . The TRC in the chlorinated effluent shall be monitored daily by grab sample. After dechlorination and prior to final disposal, the effluent shall contain NO MEASURABLE total residual chlorine (TRC) at any time. NO MEASURABLE will be defined as less than 0. 1 mg/1 of chlorine. The maximum TRC in the dechlorinated effluent shall be monitored daily by grab sample. The residual chlorine maximum limit is effective on July 1, 1991. Monitoring and reporting requirements are effective on the effective date of this permit.2 Footnotes 1. Monitoring and reporting to evaluate for control of toxicant which potentially may pose a threat to human health through bioaccumulation in fish/shellfish. (See Part II, Section C. ) 2. See Part I, Section B. /JJ Permit No. TX0025950 Page 3 of Part I effluent Characteristics Monitoring Requirements Measurement Sample Frequency Type Flow* Continuous Totalizing Meter Carbonaceous Biochemical Oxygen Demand (5-day) Two/Week 6-hr Composite Total Suspended Solids Two/Week 6-hr Composite Ammonia-Nitrogen Two/Week 6-hr Composite • Dissolved Oxygen Two/Week Grab Arsenic One/Month 24-hr Composite Toxicity Testing ** 48-Hr. Static Renewal Daphnia pulex One/Quarter 24-Hr. Composite Pimephales promelas One/Quarter 24-Hr. Composite * Flow must be monitored and reported. ** See Part II, Section B, Acute Biomonitoring Requirements: Freshwater The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored by grab samples collected at the frequency shown above for Total Suspended Solids. There shall be no discharge of floating solids or visible foam in other than trace amounts. Samples taken in compliance with the monitoring requirements specified above shall be taken at the discharge from the final treatment unit except the sample requiring a minimum chlorine residual which shall be collected prior to dechlorination. SECTION B. COMPLIANCE SCHEDULE(S) 1. DECHLORINATION COMPLIANCE SCHEDULE a. The permittee shall achieve compliance with the TRC limitations specified for effluent after dechlorination and prior to disposal in accordance with the following schedule for the construction of dechlorination facilities. /3f Permit No. TX0025950 Page 4 of Part I ACTIVITY DATE OF COMPLETION Completion of plans and specifications July 1, 1990 Begin Construction October 1, 1990 ' Complete Construction June 1, 1991 Attain Compliance July 1, 1991 1. The permittee shall continue ongoing construction of dechlorination facilities designed to achieve sustained compliance with TRC limitations specified for effluent after dechlorination and prior to disposal no later than July 1, 1991. 2 . The permittee shall submit a progress report outlining the status of all facility improvements during the months of January, April, July, and October until compliance is achieved. 3 . Within 14 days of completion of the dechlorination facilities the permittee shall notify the EPA and the State Agency in writing that construction has been completed. 4 . The permittee shall achieve sustained compliance with TRC limitations specified for effluent after dechlorination and prior to disposal. b. Where the percent project completion reported is less than would be required to assure completion of construction by the required date, the report of progress shall also include an explanation for this delay and proposed remedial actions. c. No later than 14 calendar days following a date for a specific action (as opposed to a report of progress) identified in the above schedule of compliance, the permittee shall submit a written notice of compliance or noncompliance. SECTION C. MONITORING AND REPORTING 1. The permittee shall effectively monitor the operation and efficiency of all treatment and control facilities and the quantity and quality of the treated discharge. 2. Monitoring information required shall be submitted on Discharge Monitoring Report Form EPA 3320-1 as required in Part III, D.4. / 3r • Permit No. TX0025950 Page 5 of Part I a. Reporting periods shall end on the last day of the month. b. The first Discharge Monitoring Report(s) shall represent facility operations from the effective date of the permit through the last day of the month. c. Thereafter, the permittee is required to make regular monthly reports as described above and shall submit those reports no later than the 25th day of the month following each reporting period. 3 . If any 7-day average or daily maximum value exceeds the effluent limitations specified in Part I.A. , the permittee shall report the excursion in accordance with the requirements of Part III, D. 4 . Any 30-day average, 7-day average or daily maximum value reported in the required Discharge Monitoring Report which is in excess of the effluent limitation specified in Part I, A. shall constitute evidence of violation of such effluent limitation and of this permit. 5. Other measurements of oxygen demand (e.g. , TOC and COD) may be substituted for five-day Biochemical Oxygen Demand (BOD5) or for five-day Carbonaceous Biochemical Oxygen Demand (CBOD5) , as applicable, where the permittee can demonstrate long-term correlation of the method with BOD5 or CBOD5 values, as applicable. Details of the correlation procedures used must be submitted and prior approval granted by the permitting authority for this procedure to be acceptable. Data reported must also include evidence to show that the proper correlation continues to exist after approval. • A34 Permit No. TX0025950 Page 1 of Part II SECTION A. OTHER REQUIREMENTS 1 . CONTRIBUTING INDUSTRIES AND PRETREATMENT REQUIREMENTS a. The following pollutants may not be introduced into the treatment facility: 1 . Pollutants which create a fire or explosion hazard in the publicly owned treatment works (POTW) ; 2. Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5 . 0 , unless the works are specifically designed to accommodate such discharges ; 3 . Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW, resulting in Interference; 4. Any pollutant ,including oxygen demanding pollutants (BOD, etc. ) , released in a discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5 . Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40 degrees Centigrade ( 104 degrees Fahrenheit) unless the Approval Authority, upon request of the POTW, approves the alternate temperature limit. b. The permittee shall comply with the pretreatment requirements in 40 CFR 403 , as specified in the following schedule of compliance. The final approvable package is due 12 months from the effective date of the permit. ACTIVITY NUMBER ACTIVITY DATE 1. Submit to the Environmental Protection Agency 2 months results of an industrial user survey which from the consists of a qualitative analysis of pollutants effective being contributed by all industrial sources in date of its entire municipal system ( including all permit treatment plants) . The industrial users should be asked to provide information on the type and approximate quantity of pollutants discharged into the system. This information may be derived from knowledge of the facility's process , and should not require any sampling at the source. /32 Permit No. TX0025950 Page 2 of Part II (Unless the Permitting Authority notifies the permittee otherwise within 30 days after receipt of this survey, the permittee will be required to continue the program past Activity No. 1 . If notified that a pretreatment program is not necessary, the permittee will submit to Environmental Protection Agency an annual update of its industrial user survey, documenting changes in industrial flow and/or characteristics and new contributing industries) 2. Submit to the Environmental Protection Agency 4 months the results of an influent pollutant scan of a from the 24-hotir'composite sample to determine all effective pollutants being contributed to the system. The date of type of scan to be performed is an extension of permit the basic priority pollutant scan. It will require that the organic fraction be analyzed using a gas chromatograph/mass spectrometer (GC/MS) . The scan will include the 126 "priority pollutants" and the pollutants found in Appendix H of the December 1987 Guidance Manual on the Development and Implementation of Local Discharge Limitations Under the Pretreatment Program. All sampling , analyses and method detection limits must be done in accordance with 40 CFR Part 136 . This scan will also serve as the initial scan necessary for developing technically based local limits (Activity 5 as follows) (a) From the qualitative information supplied by the industrial users in Activity 1 and the quantitative information collected in the pollutant scan, the permittee shall determine which industrial users may be discharging pollutants which may affect the operation of the POTW(s) . or pass through untreated. (b) Sampling and analysis to quantify the pollutants discharged by the industrial users identified in the investigation of (a) above , shall be completed. /17 Permit No. TX0025950 Page 3 of Part II 3. Submit to the Environmental Protection Agency a 5 months design of a sampling, inspection and reporting from the program which will implement the requirements of effective 40 CFR 403 . 8 and 403 . 12, and in particular those date of requirements referenced in 40 CFR permit 403 .8 (f) (1) (iv-v) , 403 .8 (f) (2) (iv-vi) and 403. 12 (g-j and 1-o) . 4. Submit to the Environmental Protection Agency an 6 months evaluation of the financial programs, revenue from the sources, equipment and staffing, which will be effective employed to implement the pretreatment program date of (as required by 40 CFR Parts 403 .8 (f) (3) and permit 403 .9 (b) (3) ) . 5. Submit to the Environmental Protection Agency an 12 months approvable technically based local limits from the submission package as required by 40 CFR effective 403 .8 (f) (4) . Technically based local limits date of should be developed in accordance with Region 6 permit Guidance for the Development of Technically Based Local Limits. 6. 40 CFR 403 .8 (f) (1) requires POTWs to apply and 10 months enforce the requirements of sections 307 (b) and from the (c) , and 402 (b) (8) of the Act and any effective regulations implementing those sections. Submit date of to the Environmental Protection Agency: permit (a) a statement from the city solicitor, a city official acting in a comparable capacity, or the city's independent counsel, that the POTW has the authority to carry out the program; (b) a copy of any statute, ordinance, regulation, contract, agreement, or other authority that will be relied on by the POTW to administer the program; (c) a statement reflecting the endorsement of or approval by the local boards or bodies responsible for supervising and/or funding the program; and (d) any additional documents required in multi-jurisdictional situations for • administration of the program. /37 Permit No. TX0025950 Page 4 of Part II 7. Submit to the Environmental Protection Agency an 12 months approvable pretreatment program (and removal from the credit approval , if desired and appropriate) as effective required by 40 CFR 403 . 9. The approvable date of pretreatment program shall include a compilation permit of all previously submitted pretreatment program activities as finally amended and supplemented ( i . e. Activities 1-6 ) . Upon notification by Environmental Protection Agency of approvability of the submitted program, the permittee is required to submit an official request for program approval , including three ( 3) copies of the approved program. c. If the permittee does not comply with any of the increments of the progress in the above schedule , the permittee shall submit to the Environmental Protection Agency within 14 days of the activity due date a report , including , as a minimum, the date on which the required activity will be submitted, the reason for the delay, and the steps taken to return to the established schedule. d. Upon approval by the Water Management Division Director of a local pretreatment program, this permit will be modified, or , alternatively, revoked and reissued to incorporate that pretreatment program. e. The permittee may develop and submit an approvable pretreatment program at any time before the deadline established in Activity 7. f. The permittee may apply for authority to revise categorical pretreatment standards to reflect POTW removal of pollutants in accordance with the requirements of 40 CFR 403. 7 at any time. g. The permittee shall require any indirect discharger to the treatment works to comply with the reporting requirements of Sections 204 (b) , 307 , and 308 of the Act , including any requirements established under 40 CFR Part 403. h. The permittee shall provide adequate notice of the following: • 1 . Any new introduction of pollutants into the treatment works from an indirect discharger which would be subject to Sections 301 and 306 of the Act if it were directly discharging those pollutants ; and m Permit No. TX0025950 Page 5 of Part II 2. Any substantial change in the volume or character of pollutants being introduced into the treatment works. Adequate notice shall include information on ( i ) the quality and quantity of effluent to be introduced into the treatment works , and ( ii ) any anticipated impact of such change in the quality or quantity of effluent to be discharged from the publicly owned treatment works. 2. SEWAGE SLUDGE REQUIREMENTS a. The permittee shall use only those sewage sludge disposal practices that comply with the federal regulations for landfills and solid waste disposal established at 40 CFR 257. b. The permittee shall handle and dispose of sewage sludge in accordance with all applicable state and federal regulations to protect public health and the environment from any reasonably anticipated adverse effects due to any toxic pollutants which may be present. c. If an applicable "acceptable management practice" or numerical limitation for pollutants in sewage sludge promulgated at Section 405 (d) (2) of the Clean Water Act is more stringent than the sludge pollutant limit or acceptable management practice in this permit , or controls a pollutant not listed in this permit , this permit may be modified or revoked and reissued to conform to the requirements promulgated at Section 405 (d) (2) . d. Sewage sludge shall be tested annually in accordance with the method specified at 40 CFR 261 , Appendix II (Extraction Procedure Toxicity) or other approved method. Sewage sludge failing this test shall be handled according to RCRA standards for the disposal of hazardous waste. The RCRA Notification Section, telephone no. (214) 655-6750 , and the appropriate state agency shall be notified of test failure within 24 hours. A written report shall be provided to this office within 7 days after failing the Extraction Procedure Toxicity Test (E. P. Toxicity) . The report will contain test results , certification that unauthorized disposal has stopped and a summary of alternative disposal plans that comply with RCRA standards for the disposal of hazardous waste. The report shall be addressed to: Director, Hazardous Waste Management Division, EPA Region 6 , Mail Code 6H, 1445 Ross Avenue, Dallas , Texas 75202. Permit No. TX0025950 Page 6 of Part II e. Sewage Sludge Management Practices 1. Sewage sludge shall not be spread when soil is saturated, frozen or covered with ice, or during rain or when precipitation is imminent. 2. Disposal of sewage sludge shall not cause a discharge to waters of the United States or cause non-point source pollution of waters of the United States. 3. Disposal of sewage sludge shall not cause any underground drinking water source to exceed the limitations in 40 CFR 257, Appendix I. 4 . Disposal of sewage sludge shall not cause or contribute to the taking of any endangered or threatened species of plant, fish or wildlife. 5. Disposal of sewage sludge shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species. 6. Disposal of sewage sludge in a floodplain shall not restrict the flow of the base flood, reduce the temporary storage capacity of the floodplain, or result in a washout of solid waste, so as to pose a hazard to human life, wildlife or land and water uses. f. The permittee shall give 120 days prior notice to the Director of any change planned in the sewage sludge disposal practice. 3. MIXING ZONE DEFINITION. There is no mixing zone established for this discharge to an intermittent stream. Acute toxic criteria apply at the point of discharge. SECTION B. ACUTE BIOMONITORING REQUIREMENTS: FRESHWATER 1. The provisions of this section apply to Outfall (s) 001. 2. The permittee shall test the effluent for toxicity in accordance with the provisions in this section. Such testing will determine if an appropriately dilute effluent sample affects the survival of the appropriate test organism. Permit No. TX0025950 Page 7 of Part II Acute toxicity is defined as a statistically significant difference at the 95% confidence level between survival in the appropriate test organism in a specified effluent dilution and the control (0% effluent) . The permittee shall initiate the following series of tests within 90 days of the effective date of this permit. All test organisms, procedures, and quality assurance requirements used shall be in accordance with the latest revision of "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms", EPA/600/4-85/013, or the most recent update thereof. The following tests shall be used: a. Acute static renewal 48-hour definitive toxicity test using Daphnia pulex. b. Acute static renewal 48-hour definitive toxicity test using fathead minnow (Pimephales promelas) . 3 . Five dilutions in addition to an appropriate control (0% effluent) shall be used in the toxicity tests. These additional effluent concentrations shall be 6%, 13%, 25%, 50%, and 100%. The low flow effluent concentration (critical dilution) is defined as 100% effluent. If more than 10% of the test organisms in any control die, the toxicity test, including control and all effluent dilutions shall be repeated. 4. The samples shall be collected at a point following the last treatment unit. Dilution water used in the toxicity tests will be receiving water collected at a point upstream but as close as possible to the discharge point. The sample shall be dechlorinated in the laboratory prior to installation of the dechlorination facilities. However, upon operation of the dechlorination facilities the sample shall not be dechlorinated in the laboratory. • If the receiving water is unsatisfactory as a result of pre- existing instream toxicity (greater than 10% mortality in the control) , the permittee shall substitute synthetic dilution water for the receiving water in the retest required in item 3 above provided the following stipulations are met: i. a synthetic dilution water control was run in addition to the receiving water control; /1/3 • • Permit No. TX0025950 Page 8 of Part II ii. the synthetic dilution water had 10% or less mortality, whereas the receiving water control had greater than 10% mortality; iii. the permittee submits all test results on the receiving water with the report and information required by item 9 below and the Discharge Monitoring Report (DMR) for the reporting period; iv. the synthetic dilution water has a pH, hardness, and alkalinity similar to that of the receiving water. Synthetic dilution water may be used exclusively for the control in all subsequent tests provided all of the above stipulations are met. 5. Flow-weighted 24-hour composite samples representative of the dry weather flows during normal operation will be collected from Outfall (s) 001. The 24-hour composite sample consists of a minimum of twelve (12) effluent portions collected at equal time intervals and combined proportional to flow or a sample continuously collected proportional to flow over a 24-hour operating day. The maximum holding time for any effluent sample shall not exceed 72 hours. The toxicity tests shall be initiated within 36 hours of the collection of the first 24-hour composite sample. The permittee shall collect a second 24-hour composite sample for use during the 24-hour renewal of the test solutions. Samples shall be chilled to 4 degrees centigrade when collected, shipped, and/or stored. 6. The toxicity tests specified above shall be conducted Once per Quarter. 7. Special Conditions a. If any toxicity test at the 100% effluent concentration demonstrates toxicity, the permittee shall resample and again conduct the toxicity test(s) for the species that showed toxicity within fifteen (15) days. There shall be a total of three (3) consecutive toxicity tests during a forty-five (45) day period. If one or more of the retests show toxicity at the 100% effluent concentration, the permittee may suspend additional retesting for this reporting period if written notification is sent to EPA Region 6 and all test results are submitted within fifteen (15) days. Permit No. TX0025950 Page 9 of Part II b. If the testing frequency in item 6, above, is monthly, the permittee may substitute the retest for the next monthly routine toxicity test if the time of the retest coincides with the next monthly toxicity test. Concurrently with the • retest, the permittee must also conduct the next month's required toxicity test for the species that did not demonstrate significant toxicity at the 100% effluent concentration. c. Within thirty (30) days after submitting the test results which demonstrate toxicity in one or more of the retests, the permittee shall submit to EPA Region 6 an approvable proposal for conducting a Toxicity Reduction Evaluation (TRE) . The TRE Proposal shall specify the approach and methodology to be used in performing the TRE. The proposal shall specify the date which the permittee will initiate the TRE. d. If any retest in item 7.a indicates toxicity at the 100% effluent concentration, the permittee shall continue biomonitoring once per month for the toxicity test(s) showing toxicity using the same procedures as specified in items 2-5 above until the expiration date of this permit unless otherwise authorized by the permitting authority. e. The provisions of items 7 .a and 7 .c are suspended upon submittal of the TRE Proposal. 8. If the toxicity tests for an organism do not indicate toxicity at the 100% effluent concentration during the first year, the permittee shall certify this information in writing to EPA Region 6, and the biomonitoring requirements for that organism shall expire. 9. The permittee shall prepare a full report of the results according to the Report Preparation Section of "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms" . This full report must be submitted with the first DMR containing these biomonitoring results, but need not be submitted with subsequent DMRs, unless requested. However, the report shall be retained following the provisions of Part III.C.3 of this permit. The permittee shall submit the toxicity testing information contained in Table 1 of this permit to EPA Region 6 along with the DMR submitted for the end of the reporting period following the toxicity test. 10. This permit may be reopened to require effluent limits, additional testing, and/or other appropriate actions to address toxicity. Accelerated or intensified toxicity testing may be required in accordance with Section 308 of the Clean Water Act. /f--( Permit No. TX0025950 Page 10 of Part II SECTION C. POLLUTION PREVENTION REQUIREMENTS 1. The permittee shall monitor and report for each toxicant listed below for twelve (12) consecutive months beginning on the effective date of the permit. The permittee shall calculate the mean concentration for each toxicant. The calculated mean concentration is defined as the sum of 12 consecutive months of effluent concentrations for a given toxicant divided by the number of measurements. Applicable detection limit(s) are as follow(s) : Toxicant Detection Limit, (uq/1) Arsenic 10.0 ug/1 a. If the calculated mean concentration of a given toxicant is less than the respective long term effluent target concentration listed below, the permittee shall certify in writing this finding and that detection limit(s) specified above were used and provide a table compiling all data and calculated mean concentration(s) . If the reported toxicant concentration is less than the detection limit, a zero shall be used in the compiling and calculation of a mean concentration. The permittee shall submit this certification to EPA Region 6 with the DMR fourteen (14) months from the effective date of this permit. The permittee, upon submittal of this certification, shall not be required to conduct the activities required by item 2 below and the monitoring requirements for the toxicants listed below shall terminate. Long-Term Effluent Target Concentration Toxicant (ug/1) Arsenic 16.8 b. If the calculated mean concentration of any toxicant listed in Item la. above is greater than the respective long term average effluent target concentration, the permittee shall perform the activities required by item 2. below for those toxicants. The permittee shall submit a written certification of this finding to EPA with the DMR fourteen (14) months from the effective date of this permit. /,‘ Permit No. TX0025950 Page 11 of Part II 2. The permittee shall perform a Chemical Specific Reduction Study (CSRS) and submit a report entitled "Chemical Specific Reduction Study Report" to EPA Region 6 within twenty-four (24) months of the effective date of this permit. The CSRS shall be performed for the toxicants identified by lb. above. A CSRS is hereby defined as a process to evaluate potential control mechanisms which will eliminate or reduce the toxicant(s) in a facility's discharge that may pose a potential risk to human • health through bioaccumulation in fish/shellfish. a. The information required in a CSRS Report shall include the following: i. A tabular summary of all data including the mean concentrations for all toxicants identified by lb. above. ii. Listing of all control and treatment mechanisms including source reduction capable of reducing the discharge of toxicant(s) below the target concentration specified in la. above or eliminating the toxicants in the discharge. iii. Feasibility study of implementing control/treatment mechanisms identified in ii. above. iv. Detailed discussion of any actions taken or planned to reduce or eliminate the discharge of the toxicant(s) . v. Discussion of any information which may be pertinent in evaluating the impact of the toxicant(s) identified in lb. above. b. In addition to the CSRS requirements the permittee may submit additional data to support alternate effluent target concentrations. The purpose of the methods described below is to provide site specific analyses of bioconcentration alternative data for the toxicant(s) . The acquisition of additional data should include any or all of the following: i. A laboratory uptake study as described in "Standard Practice for conducting Bioconcentration Tests with Fish and Saltwater Bivalve Molluscs", ASTM Designation: Method E 1022-82 . • ii. Alternative bioaccumulation studies (e.g. , mesocosm) using a published method approved by the EPA. Permit No. TX0025950 Page 12 of Part II iii. The evaluation of the fate, transport and uptake of the toxicant(s) through mathematical modeling or experimental measurement. 3. This permit may be reopened to require effluent limits, additional testing, and/or other appropriate actions to address bioaccumulation in fish/shellfish. Accelerated or intensified bioaccumulation testing may be required in accordance with Section 308 of the Clean Water Act. Aft TABLE 1 (SHEET 1 OF 2) Permittee: North Texas Municipal Water District - Wylie NPDES Permit: TX0025950 Outfall (s) : 001 DAPHNIA PULEX SURVIVAL Date Composites Collected: No. 1: FROM TO No. 2: FROM TO Test initiated: am/pm date Dilution water used: Receiving Reconstituted water water Percent Effluent (%) Time of Reading REP 0 6 13 25 50 100 A 24 hr. B A 48 hr. B 1. Dunnett's Procedure or Steel 's Many-One Rank Test as appropriate - Low Flow Toxicity Is the mean survival at 48 hours significantly less (p=0. 05) than the control survival at the low flow or critical dilution (100%) ? YES NO If you report NO, enter a 0 on the DMR Form, Parameter No. TEM3D. Otherwise, enter a 1. 2. Enter percent effluent corresponding to the LC50 below: LC50 (Daphnia) = % effluent 95% confidence limits: Method of LC50 calculation: -- - TABLE 1 (SHEET 2 OF 2) Permittee: North Texas Municipal Water District - Wylie NPDES Permit: TX0025950 • Outfall (s) : 001 tr FATHEAD MINNOW SURVIVAL (Pimephales promelas) Date Composites No. 1: FROM TO Collected: No. 2: FROM TO Test initiated: am/pm date Dilution water used: Receiving Reconstituted water water Percent Effluent (%) Time of Reading REP 0 6 13 25 50 100 A 24 hr. B A 48 hr. B 3. Dunnett's Procedure or Steel's Many-One Rank Test as appropriate - Low Flow Toxicity Is the mean survival at 48 hours significantly less (p=0.05) than the control survival at the low flow or critical dilution (100%) ? YES NO If you report NO, enter a 0 on the DMR Form, Parameter No. TEM6C. Otherwise, enter a 1. 4 . Enter percent effluent corresponding to the LC50 below: LC50 (Pimephales) = % effluent 95% confidence limits: • Method of LC50 calculation: • /JC Page 1 of Part III PART III STANDARD CONDITIONS FOR NPDES PERMITS request to determine whether cause exists for modifying, revoking and reissuing, or terminating this SECTION A. GENERAL CONDITIONS permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon 1. Introduction request, copies of records required to be kept by this In accordance with the provisions of 40 CFR Part 122.41, permit. et. seq., this permit incorporates by reference ALL conditions and requirements applicable to WPDES Permits 8. Criminal and Civil Liability set forth in the Clean Water Act, as amended, (herein- Except as provided in permit conditions on "Bypassing" after known as the "Act") as well as ALL applicable and "Upsets", nothing in this permit shall be construed regulations. to relieve the permittee from civil or criminal penalties for noncompliance. Any false or materially 2. Duty to Comply misleading representation or concealment of information The permittee must comply with all conditions of this required to be reported by the provisions of the permit. Any permit noncompliance constitutes a viola- permit, the Act, or applicable regulations, which tion of the Act and is grounds for enforcement action; avoids or effectively defeats the regulatory purpose for permit termination, revocation and reissuance, or of the Permit may subject the Permittee to criminal modification; or for denial of a permit renewal sppli- enforcement pursuant to 18 U.S.C. Section 1001. cation. 9. Oil and Hazardous Substance Liability 3. Toxic Pollutants Nothing in this permit shall be construed to preclude a. Notwithstanding Part III.A.5, if any toxic effluent the institution of any legal action or relieve the standard or prohibition (including any schedule of permittee from any responsibilities, liabilities, or compliance specified in such effluent standard or penalties to which the permittee is or may be subject prohibition) is promulgated under Section 307(a) of under Section 311 of the Act. the Act for a toxic pollutant which is present in the discharge and that standard or prohibition is 10. State Laws more stringent than any limitation on the pollutant Nothing in this permit shall be construed to preclude in this permit, this permit shall be modified or the institution of any legal action or relieve the revoked and reissued to conform to the toxic permittee from any responsibilities, liabilities, or effluent standard or prohibition. penalties established pursuant to any applicable State b. The permittee shall comply with effluent standards law or regulation under authority preserved by Section or prohibitions established under Section 307(a) of 510 of the Act. the Act for toxic pollutants within the time provided in the regulations that established those 11. Severability standards or prohibitions, even if the permit has The provisions of this permit are severable, and if not yet been modified to incorporate the any provision of this permit or the application of any requirement. provision of this permit to any circumstance is held invalid, the application of such provision to other 4. Duty to Reapply circumstances, and the remainder of this permit, shall If the permittee wishes to continue an activity not be affected thereby. regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The application shall be submitted at least SECTION B. PROPER OPERATION AND MAINTENANCE 180 days before the expiration date of this permit. The . Director may grant permission to submit an application 1. Need to Halt or Reduce not a Defense less than 180 days in advance but no later than the It shall not be a defense for a permittee in an permit expiration date. Continuation of expiring enforcement action that it would have been necessary permits shall be governed by regulations promulgated at to halt or reduce the permitted activity in order to 40 CFR Part 122.6 and any subsequent amendments. maintain compliance with the conditions of this permit. The permittee is responsible for maintaining adequate 5. Permit Flexibility safeguards to prevent the discharge of untreated or This permit may be modified, revoked and reissued, or inadequately treated wastes during electrical power terminated for cause in accordance with 40 CFR 122.62- failure either by means of alternate power sources, 64. The filing of a request for a permit modification, standby generators or retention of inadequately treated revocation end reissuance, or termination, or a notifi- effluent. cation of planned changes or anticipated noncompliance, does not stay any permit condition. 2. Duty to Mitigate The permittee shall take all reasonable steps to 6. Property Rights minimize or prevent any discharge in violation of this This permit does not convey any property rights of any permit which has a reasonable likelihood of adversely sort, or any exclusive privilege, affecting human health or the environment. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may rev. 10/1/89 /5/ • Page 2 of Part ill 3. Proper Operation and Maintenance limitations if the requirements of Part 111.B.5.b. a. The permittee shall at all times properly operate are met. No determination made during administra- and maintain all facilities and systems of treatment tive review of claims that noncompliance was caused and control (and related appurtenances) which are by upset, and before an action for noncompliance, is installed or used by permittee as efficiently as final administrative action subject to judicial possible and in a manner which will minimize upsets review. and discharges of excessive pollutants and will b. Conditions necessary for a demonstration of upset. achieve compliance with the conditions of this A permittee who wishes to establish the affirmative permit. Proper operation and maintenance also defense of upset shall demonstrate, through properly includes adequate laboratory controls and signed, contemporaneous operating logs, or other appropriate quality assurance procedures. This relevant evidence that: provision requires the operation of backup or (1) An upset occurred and that the permittee can auxiliary facilities or similar systems which are identify the cause(s) of the upset; installed by a permittee only when the operation is (2) The permitted facility was at the time being necessary to achieve compliance with the conditions properly operated; of this permit. (3) The permittee submitted notice of the upset as b. The permittee shall provide an adequate operating required by Part 111.0.7; and, staff which is duly qualified to carry out (4) The permittee complied with any remedial operation, maintenance and testing functions measures required by Part 111.11.2. required to insure compliance with the conditions c. Burden of proof. In any enforcement proceeding, the of this permit. permittee seeking to establish the occurrence of an upset has the burden of proof. 4. Bypass of Treatment Facilities a. Bypass not exceeding limitations. The permittee 6. Removed Substances may allow any bypass to occur which does not cause Solids, sewage sludges, filter backwash, or other effluent limitations to be exceeded, but only if it pollutants removed in the course of treatment or also is for essential maintenance to assure wastewater control shall be disposed of in a manner such efficient operation. These bypasses are not subject as to prevent any pollutant from such materials from to the provisions of Parts 111.B.4.b. and 4.c. entering navigable waters. b. Notice (1) Anticipated bypass. If the permittee knows in 7. Percent Removal advance of the need for a bypass, it shall For publicly owned treatment works, the 30-day average submit prior notice, if possible at least ten percent removal for Biochemical Oxygen Demand and Total days before the date of the bypass. Suspended Solids shall not be less than 85 percent (2) Unanticipated bypass. The permittee shall, unless otherwise authorized by the permitting authority within 24 hours, submit notice of an in accordance with 40 CFR 133.103. unanticipated bypass as required in Part 111.0.7. SECTION C. MONITORING AND RECORDS c. Prohibition of bypass (1) Bypass is prohibited, and the Director may take 1. Inspection and Entry enforcement action against a permittee for The permittee shall allow the Director, or an authorized bypass, unless: representative, upon the presentation of credentials and (a) Bypass was unavoidable to prevent loss of other documents as may be required by the law to: life, personal injury, or severe property a. Enter upon the permittee's premises where a damage; regulated facility or activity is located or (b) There were no feasible alternatives to the conducted, or where records must be kept under the bypass, such as the use of auxiliary conditions of this permit; treatment facilities, retention of b. Have access to and copy, at reasonable times, any untreated wastes, or maintenance during records that must be kept under the conditions of normal periods of equipment downtime. This this permit; condition is not satisfied if adequate c. Inspect at reasonable times any facilities, equip- back-up equipment should have been ment (including monitoring and control equipment), installed in the exercise of reasonable practices or operations regulated or required under engineering judgment to prevent a bypass this permit; and which occurred during normal periods of d. Sample or monitor at reasonable times, for the equipment downtime or preventive purpose of assuring permit compliance or as maintenance; and, otherwise authorized by the Act, any substances or (c) The permittee submitted notices as required parameters at any location. by Part 111.11.4.b. (2) The Director may allow an anticipated bypass 2. Representative Sampling after considering its adverse effects, if the Samples and measurements taken for the purpose of Director determines that it will meet the monitoring shall be representative of the monitored three conditions listed at Part 111.B.4.c(1). activity. 5. Upset Conditions 3. Retention of Records a. Effect of an upset. An upset constitutes an The permittee shalt retain records of all monitoring affirmative defense to an action brought for noncom- pliance with such technology-based permit effluent rev. 10/1/89 /110.t Page 3 of Part III information, including all calibration and maintenance notification requirements listed at Part records and all original strip chart recordings for III.D.10.a. continuous monitoring instrumentation, copies of all b. Municipal Permits reports required by this permit, and records of all data Any change in the facility discharge (including the used to complete the application for this permit, for a introduction of any new source or significant period of at least 3 years from the date of the sample, discharge or significant changes in the quantity or measurement, report, or application. This period may be quality of existing discharges of pollutants) must extended by request of the Director at any time. be reported to the permitting authority. In no case are any new connections, increased flows, or 4. Record Contents significant changes in influent quality permitted Records of monitoring information shalt include: that will cause violation of the effluent a. The date, exact place, and time of sampling or limitations specified herein. measurements; b. The individual(s) who performed the sampling or 2. Anticipated Noncompliance measurements; The permittee shalt give advance notice to the Director c. The date(s) and time(s) analyses were performed; of any planned changes in the permitted facility or d. The individual(s) who performed the analyses; activity which may result in noncompliance with permit e. The analytical techniques or methods used; and requirements f. The results of such analyses. 3. Transfers 5. Monitoring Procedures This permit is not transferable to any person except a. Monitoring must be conducted according to test after notice to the Director. The Director may require procedures approved under 40 CFR Part 136, unless modification or revocation and reissuance of the permit other test procedures have been specified in this to change the name of the permittee and incorporate such permit or approved by the Regional Administrator. other requirements as may be necessary under the Act. b. The permittee shall calibrate and perform maintenance procedures on all monitoring and 4. Discharge Monitoring Reports and Other Reports analytical instruments at intervals frequent enough Monitoring results must be reported on Discharge to insure accuracy of measurements and shall main- Monitoring Report (DMR) Form EPA No. 3320-1 in tain appropriate records of such activities. accordance with the "General Instructions" provided on c. An adequate analytical quality control program, the form. The permittee shall submit the original DMR including the analyses of sufficient standards, signed and certified as required by Part III.D.11 and spikes, and duplicate samples to insure the accuracy all other reports required by Part I11.0. to the EPA at of all required analytical results shell be the address below. Duplicate copies of OMR's and all maintained by the permittee or designated commercial other reports shall be submitted to the appropriate laboratory. State agency(ies) at the following sddress(es): 6. Flow Measurements EPA: Appropriate flow measurement devices and methods Water Management Division consistent with accepted scientific practices shall be Enforcement Branch (6W-E) selected and used to ensure the accuracy and reliability U.S. Environmental Protection of measurements of the volume of monitored discharges. Agency, Region 6 The devices shall be installed, calibrated, and 1445 Ross Avenue maintained to insure that the accuracy of the Dallas, TX 75202-2733 measurements is consistent with the accepted capability of that type of device. Devices selected shall be New Mexico: capable of measuring flows with a maximum deviation of Program Manager less than 10% from true discharge rates throughout the Surface Water Section range of expected discharge volumes. Surface Water Quality Bureau Environmental Improvement Division SECTION 0. REPORTING REQUIREMENTS New Mexico Health and Environment Department 1. Planned Changes 1190 Saint Francis Drive a. Industrial Permits Santa Fe, NM 87503 The permittee shall give notice to the Director as soon as possible of any planned physical alterations Oklahoma (Industrial Permits): or additions to the permitted facility. Notice is Director required only when: Oklahoma Water Resources Board (1) The alteration or addition to a permitted P.O. Box 53585 facility may meet one of the criteria for Oklahoma City, OK 73152-3585 determining whether a facility is a new source in 40 CFR Part 122.29(b); or, Louisiana: (2) The alteration or addition could significantly Assistant Secretary for Water change the nature or increase the quantity of Water Pollution Control Division pollutants discharged. This notification Louisiana Department of applies to pollutants which are subject neither Environmental Quality to effluent limitations in the permit, nor to P.O. Box 44091 Baton Rouge, LA 70804-4091 rev. 10/1/89 . Page 4 of Part III. 5. Additional Monitoring by the Permittee frequent basis, of any toxic pollutant listed at 40 If the permittee monitors any pollutant more frequently CFR Part 122, Appendix D. Tables 11 and III than required by this permit, using test procedures (excluding.Total Phenols) which is not limited in approved under 40 CFR Part 136 or as specified in this the permit, if that discharge will exceed the permit, the results of this monitoring shall be included highest of the following "notification levels": in the calculation and reporting of the data submitted (1) One hundred micrograms per liter (100 µg/l); in the Discharge Monitoring Report (DMR). Such (2) Two hundred micrograms per liter (200 µg/l) for increased monitoring frequency shall also be indicated acrolein and acrylonitrile; five hundred micro- on the DMR. grams per liter (500 pg/l) for 2,4 -dinitro- phenol and for 2-methyl-4,6-dinitrophenol; and 6. Averaging of Measurements one milligram per liter (1 mg/l) for antimony; Calculations for all limitations which require averaging (3) Five (5) times the maximum concentration value of measurements shall utilize an arithmetic mean unless reported for that pollutant in the permit otherwise specified by the Director in the permit. application; or (4) The level established by the Director. 7. Twenty-Four Hour Reporting b. That any activity has occurred or will occur which a. The permittee shall report any noncompliance which would result in any discharge, on a non-routine or may endanger health or the environment. Any infrequent basis, of a toxic pollutant which is not information shall be provided orally within 24 hours limited in the permit, if that discharge will exceed from the time the permittee becomes aware of the the highest of the following "notification levels": circumstances. A written submission shall be (1) Five hundred micrograms per liter (500 pg/l); provided within 5 days of the time the permittee (2) One milligram per liter (1 mg/l) for antimony; becomes aware of the circumstances. The report (3) Ten (10) times the maximum concentration value shall contain the following information: reported for that pollutant in the permit (1) A description of the noncompliance and its application; or cause; (4) The level established by the Director. (2) The period of noncompliance including exact dates and times, and if the noncompliance has 11. Signatory Requirements not been corrected, the anticipated time it is All applications, reports, or information submitted to expected to continue; and, the Director shall be signed and certified. (3) Steps being taken to reduce, eliminate, and a. All permit applications shall be signed as follows: prevent recurrence of the noncomplying (1) For a corporation - by a responsible corporate discharge. officer. For the purpose of this section, a b. The following shall be included as information which responsible corporate officer means: must be reported within 24 hours: (a) A president, secretary, treasurer, or (1) Any unanticipated bypass which exceeds any vice-president of the corporation in effluent limitation in the permit; charge of a principal business function, (2) Any upset which exceeds any effluent limitation or any other person who performs similar in the permit; and, policy or decision making functions for (3) Violation of a maximum daily discharge the corporation; or, limitation for any of the pollutants listed by (b) The manager of one or more manufacturing, the Director in Part II (industrial permits production, or operating facilities only) of the permit to be reported within 24 employing more than 250 persons or having hours. gross annual sales or expenditures c. The Director may waive the written report on a case- exceeding $25 million (in second-quarter by-case basis if the oral report has been received 1980 dollars), if authority to sign within 24 hours. documents has been assigned or delegated to the manager in accordance with 8. Other Noncompliance corporate procedures. The permittee shall report all instances of (2) For a partnership or sole proprietorship - by noncompliance not reported under Parts 111.0.4 and D.7 a general partner or the proprietor, and Part 1.B (for industrial permits only) at the time respectively. monitoring reports are submitted. The reports shall (3) For a municipality, State, Federal, or other contain the information listed at Part 111.0.7. public agency - by either a principal executive officer or ranking elected official. For 9. Other Information purposes of this section, a principal executive • Where the permittee becomes aware that it failed to officer of a Federal agency includes: submit any relevant facts in a permit application, or (a) The chief executive officer of the agency, submitted incorrect information in a permit application or or in any report to the Director, it shall promptly (b) A senior executive officer having respon- submit such facts or information. sibility for the overall operations of a pr10. Changes in Discharges of Toxic Substances b. All reports pal by geographic unit of the agency. po requiredby the permit and other All existing manufacturing, commercial, mining, and information requested by the Director shall be silvacultural permittees shall notify the Director as signed by a person described above or by a duly soon as it knows or has reason to believe: authorized representative of that person. A person a. That any activity has occurred or will occur which is a duly authorized representative only if: would result in the discharge, on a routine or rev. 10/1/89 Page 5 of Part III (1) The authorization is made in writing by a d. False Statements person described above; The Act provides that any person who knowingly makes (2) The authorization specifies either an any false material statement, representation, or individual or a position having responsibility certification in any application, record, report, for the overall operation of the regulated plan, or other document filed or required to be • facility or activity, such as the position of maintained under the Act or who knowingly falsifies, plant manager, operator of a well or a well tampers with, or renders inaccurate, any monitoring field, superintendent, or position of device or method required to be maintained under the equivalent responsibility, or an individual or Act, shall upon conviction, be punished by a fine of position having overall responsibility for not more than $10,000, or by imprisonment for not environmental matters for the company. A duly more than 2 years, or by both. If a conviction of authorized representative may thus be either a person is for a violation committed after a first a named individual or an individual occupying conviction of such person under this paragraph, a named position; and, punishment shall be by a fine of not more than (3) The written authorization is submitted to the $20,000 per day of violation, or by imprisonment of Director. not more than 4 years, or by both. (See Section c. Certification. Any person signing a document under 309.c.4 of the Clean Water Act) this section shall make the following certification: 2. Civil Penalties "I certify under penalty of law that this document The Act provides that any person who violates a permit end all attachments were prepared under my direction condition implementing Sections 301, 302, 306, 307, 308, or supervision in accordance with a system designed 318, or 405 of the Act is subject to a civil penalty not to assure that qualified personnel properly gather to exceed $25,000 per day for each violation. and evaluate the information submitted. Based on my inquiry of the person or persons who manage the 3. Administrative Penalties system, or those persons directly responsible for The Act provides that any person who violates a permit gathering the information, the information submitted condition implementing Sections 301, 302, 306, 307, 308, is, to the best of my knowledge and belief, true, 318, or 405 of the Act is subject to an administrative accurate, and complete. I am aware that there are penalty, as follows: significant penalties for submitting false a. Class I Penalty information, including the possibility of fine and Not to exceed $10,000 per violation nor shall the imprisonment for knowing violations." maximum amount exceed $25,000. b. Class II Penalty 12. Availability of Reports Not to exceed $10,000 per day for each day during Except for applications, effluent data, permits, and which the violation continues nor shall the maximum other data specified in 40 CFR 122.7, any information amount exceed $125,000. submitted pursuant to this permit may be claimed as confidential by the submitter. If no claim is made at SECTION F. DEFINITIONS the time of submission, information may be made available to the public without further notice. All definitions contained in Section 502 of the Act shalt apply to this permit and are incorporated herein by SECTION E. PENALTIES FOR VIOLATIONS OF PERMIT CONDITIONS reference. Unless otherwise specified in this permit, additional definitions of words or phrases used in this 1. Criminal permit are as follows: a. Negligent Violations The Act provides that any person who negligently 1. "Act" means the Clean Water Act (33 U.S.C. 1251 et. violates permit conditions implementing Section 301, seq.), as amended. 302, 306, 307, 308, 318, or 405 of the Act is 2. "Administrator" means the Administrator of the U.S. subject to a fine of not less than $2,500 nor more Environmental Protection Agency. than S25,000 per day of violation, or by 3. "Applicable effluent standards and limitations" means imprisonment for not more than 1 year, or both. all state and Federal effluent standards and limitations b. Knowing Violations to which a discharge is subject under the Act, The Act provides that any person who knowingly including, but not limited to, effluent limitations, violates permit conditions implementing Sections standards or performance, toxic effluent standards and 301, 302, 306, 307, 308, 318, or 405 of the Act is prohibitions, and pretreatment standards. subject to a fine of not less than $5,000 nor more 4. "Applicable water quality standards" means all water than S50,000 per day of violation, or by quality standards to which a discharge is subject under imprisonment for not more than 3 years, or both. the Act. c. Knowing Endangerment 5. "Bypass" means the intentional diversion of waste The Act provides that any person who knowingly streams from any portion of a treatment facility. violates permit conditions implementing Sections 6. "Daily Discharge" means the discharge of a pollutant 301, 302, 303, 306, 307, 308, 318, or 405 of the Act measured during a calendar day or any 24-hour period and who knows at that time that he is placing that reasonably represents the calendar day for purposes another person in imminent danger of death or of sampling. For pollutants with limitations expressed serious bodily injury is subject to a fine of not in terms of mass,. the "daily discharge" is calculated as more than S250,000, or by imprisonment for not more the total mass of the pollutant discharged over the than 15 years, or both. sampling day. For pollutants with limitations expressed rev. 10/1/89 /ft5.° Page 6 of Part III in other units of measurement, the "daily discharge" is extension, improvement, remodeling, additions, and calculated as the average measurement of the pollutant alterations thereof. over the sampling day. "Daily discharge" determination 17. "Upset" means an exceptional incident in which there is of concentration made using a composite sample shall be unintentional and temporary noncompliance with the concentration of the composite sample. When grab technology-based permit effluent limitations because of samples are used, the "daily discharge" determination of factors beyond the reasonable control of the permittee. concentration shall be arithmetic average (weighted by An upset does not include noncompliance to the extent flow value) of all samples collected during that caused by operational error, improperly designed sampling day. treatment facilities, inadequate treatment facilities, 7. "Daily Average" (also known as monthly average) lack of preventive maintenance, or careless or improper discharge limitations means the highest allowable operation. average of "daily discharge(s)" over a calendar month, 18. For fecal coliform bacteria, a sample consists of one calculated as the sun of all "daily discharge(s)" effluent grab portion collected during a 24-hour period measured during a calendar month divided by the number et peak loads. of "daily discharge(s)" measured during that month. 19. The term "MGD" shall mean million gallons per day. When the permit establishes daily average concentration 20. The term "mg/l" shall mean milligrams per liter or parts effluent limitations or conditions, the daily average per million (ppm). concentration means the arithmetic average (weighted by 21. The term "µg/l" shall mean micrograms per liter or parts flow) of all "daily discharge(s)" of concentration per billion (ppb). determined during the calendar month where C = daily 22. Municipal Terms: concentration, F = daily flow and n = number of daily a. "7-day average", other than for fecal coliform samples; daily average discharge = bacteria, is the arithmetic mean of the daily values for all effluent samples collected during a calendar C1F1 + C2F2 + ... + Cnfn week, calculated as the sum of all daily discharges measured during a calendar week divided by the F1 + F2 + ... + Fn. number of daily discharges measured during that week. The 7-day average for fecal coliform bacteria 8. "Daily Maximum" discharge limitation means the highest is the geometric mean of the values for all effluent allowable "daily discharge" during the calendar month. samples collected during a calendar week. 9. "Director" means the U.S. Environmental Protection b. "30-day average", other than for fecal coliform Agency Regional Administrator or an authorized bacteria, is the arithmetic mean of the daily values representative. for all effluent samples collected during a calendar 10. "Environmental Protection Agency" means the U.S. month, calculated as the sum of all daily discharges Environmental Protection Agency. measured during a calendar month divided by the 11. "Grab sample" means an individual sample collected in number of daily discharges measured during that less than 15 minutes. month. The 30-day average for fecal coliform 12. "Industrial user" means a nondomestic discharger, as bacteria is the geometric mean of the values for all identified in 40 CFR 403, introducing pollutants to a effluent samples collected during a calendar month. publicly owned treatment works. c. "24-hour composite sample" consists of a minimum of 13. "National Pollutant Discharge Elimination System" means 12 effluent portions collected at equal time the national program for issuing, modifying, revoking intervals over the 24-hour period and combined and reissuing, terminating, monitoring and enforcing proportional to flow or a sample collected at permits, and imposing and enforcing pretreatment frequent intervals proportional to flow over the requirements, under Sections 307, 318, 402, and 405 of 24-hour period. the Act. d. "12-hour composite sample" consists of 12 effluent 14. "Severe property damage" means substantial physical portions collected no closer together than one hour damage to property, damage to the treatment facilities and composited according to flow. The daily which causes them to become inoperable, or substantial sampling intervals shall include the highest flow and permanent loss of natural resources which can periods. reasonably be expected to occur in the absence of a e. "6-hour composite sample" consists of six effluent bypass. Severe property damage does not mean economic portions collected no closer together than one hour loss caused by delays in production. (with the first portion collected no earlier than 15. "Sewage sludge" means the solids, residues, and 10:00 a.m.) and composited according to flow. precipitates separated from or created in sewage by the f. "3-hour composite sample" consists of three effluent unit processes of a publicly owned treatment works. portions collected no closer together than one hour Sewage as used in this definition means any wastes, (with the first portion collected no earlier than including wastes from humans, households, commercial 10:00 a.m.) and composited according to flow. establishments, industries, and storm water runoff, that are discharged to or otherwise enter a publicly owned treatment works. 16. "Treatment works" means any devices and systems used in the.storage, treatment, recycling and reclamation of municipal sewage and industrial wastes of a liquid nature to implement Section 201 of the Act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances, rev. 10/1/89 J MEMORANDUM DATE: October 29, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage s RE: Discuss and Consider Appo ntment of City of Wylie Master Plan Committee During the quarterly workshop session the City Council discussed preparation of the City of Wylie Master Plan. It was discussed that each City Councilman would appoint five (5) members to this Master Plan Committee for a total of 35 citizens . Working with the City staff this committee would look at all areas of City government and prepare a Master Plan that would take the City to the year 2000 . /57 MEMORANDUM DATE: October 30, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage 444 RE: Discuss and Consider Paym nt to Pate & Pate for Muddy Creek Sewer System Construction The bid price on the Muddy Creek section of the sewer system was $745 ,374. This is claim number three (3) in the amount of $36 ,932 .53 . This program is over 90% complete. The City is holding a 5% retainage. This project has been inspected by the on-site inspector and the claim has been reviewed by the consulting engineer and the City Engineer . Authorization is requested to pay this claim. Attachment: Supporting Documentation Ace. MEMORANDUM TO: Bill Dashner, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering P a DATE: October 30, 1990 RE: Pate & Pate Enterprises Estimate No. 3 - Muddy Creek Interceptor Attached is Estimate No. 3 in the amount of $36, 932. 53. A total of $674, 001. 84 in work has been accomplished to date which represents 90% of the $745, 374. 25 original contract. A 5% retainage in the amount of $33, 700. 09 is being held at this time. This project is in the final stages of completion. Required tie-ins are the South Fork Lift Station No. 1 and a manhole at Presidential Estates. Sodding will be accomplished under Soil Conservation Service (SCS) direction. The estimate has been reviewed and approved by the Consulting Engineer, the City of Wylie Inspector, and myself . Payment is recommended. Please note that a "Final Out" coordination meeting will be held with the Pate & Pate corporate officials, the Consulting Engineer, the City of Wylie Inspector, and myself on Wednesday, October 31 , 1990, to set up final out schedule. 1111 HUNTER ASSOCIATES, INC. RICHARDIS G.FAGIN,R..P.E. J.TRAVIS ROBERTS,R3,JR.,P.E. PAUL S.BOEDEKER,P.E. . ENGINEERS/PLANNERS/SURVEYORS SAM C.MCKENZIE,JR.,P.E. 6140 WALNUT HILL LANE ONE GLEN LAKES SUITE SOO DALLAS,TX 75291-4350 214/369-9171 DAVID J.PREWETT,P.E. 1106 CLAYTON LANE SUITE 410E AUSTIN.TEXAS 79723-1003 512/464.6716 CHARLES W.SCHELER,P.E. RICHARD K.ST.JOHN,P.E. THOMAS W.STANG,P.E. CHARLES A.DAVIS,P.E. October 23, 1990 Mr. Paul Beavers, P.E. City Engineer 2000 Highway 78N Wylie, Texas 75098 RE: Muddy Creek Interceptor Dear Mr. Beavers: Enclosed are four (4) copies of Pay Estimate No. 3 for the above referenced project. This pay estimate has been revised by Pate & Pate Enterprises, Inc. in accordance to Mr. Corey's recommendation. Hunter Associates, Inc. recommends that the amount shown due, $36, 932 .53, be paid in full . Sincerely, HUNTER ASSOCIATES, INC. ;g„,//:itA,...„,1:.4..— Hal B. Jones, P.E. , R.P.L.S . Sr. Vice President Enclosure HBJ/cr • ESTIMATE FOR PAYMENT PATE & PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEWER Page 1 IMPROVEMENTS, MUDDY CREEK Estimate No: 3 Revised Date: 10-04-90 INTERCEPTOR Estimate Period 08-29-90 to 09-30-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: Item I Description 'Unit! ( Quantities ) I Unit Price I Amount I I Planned I Prev. Est. I This Est. I To Date I i I I I I I I I I 0%1 136" CONCRETE PIPE, 20-22' i LF I 250. I 125. I . I 125.00 I 47.50 I 5,937.50 I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I 002 136" CONCRETE PIPE, 18-20' I LF I 300. I 267. I . I 267.00 I 43.06 I 11,497.02 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 003 136" CONCRETE PIPE, 14-18' I LF I 1,800. I 874. I . I 874.00 I 40.57 I 35,458.18 I i I I I I I I I I I I I I i I I I 1 I I I I I 004 136" CONCRETE PIPE 10-14' I LF I 1,200. I 1,828. I . I 1,828.00 I 39.37 I 71,968.36 I I I I I I I I I I I I I I I I I I I I 1 I I 005 130' CONCRETE PIPE, 14-18' I LF I 1,850. I 1,737. I . I 1,737.00 I 31.36 I 54,472.32 I I I I I I I I I I I I I I I I I I I I I I 006 130" CONCRETE PIPE, 10-14' I LF I 875. I 910. I . I 910.00 1 30.21 I 27,491.10 I I I I I I I I I I I I 1 I I I I I I I I I I 007 124" CONCRETE PIPE, 10-14' I LF I 2,050. I 1,579. I . 1 1,579.00 I 24.83 I 39,206.57 I I I I I I I I I I I I I I I ` I I I I I I I I 008 124" CONCRETE PIPE, 0-10' I LF I 1,200. I 1,499. I . I 1,499.00 I 23.91 I 35,841.09 I I I I I I I I I I I I I I I I I I I I I I I I 009 121" PVC ASTM F794 OR F679 I LF I 450. I 197. I I 197.00 I 30.93 I 6,093.21 120-22' INCL EXCAVATION CL. B-lI I I I I I I I EMB, TESTING AND BACKFILL I I I I I I I I I i I I I I I 010 121" PVC ASTM F794 OR F679 I LF I 350. I 293. I . I 293.00 I 26.51 I 7,767.43 118-20' INCL EXCAVATION, CL 8-11 I I I I I I 1 EMB, TESTING & BACKFILL I I I I I I I I 011 121" PVC ASTM F794 OR F679 I LF I 1,500. I 1,425. I . I 1,425.00 I 23.97 I 34,157.25 114-18' INCL EXCAVATION, CL B-11 I I I I I I I EMB, TESTING & BACKFILL I I I I I I I I I /6Z ESTIMATE FOR PAYMENT PATE & PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEWER Page 2 IMPROVEMENTS, MUDDY CREEK Estimate No: 3 Date: 10-04-90 INTERCEPTOR Estimate Period 08-29-90 to 09-30-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: Item I Description IUnitl ( Quantities ) I Unit Price I Amount I t I Planned I Prev. Est. I This Est. I To Date I 1 I I I I I I I I 012 121" PVC ASTM F794 OR F679 I LF I 2,900. I 2,614. I I 2,614.00 I 22.70 I 59,337.80 110-14' INCL EXCAVATION, CL 8-11 I I I I I I I EMB, TESTING & BACKFILL I I I I I I I I I I I I I I I 013 121" PVC ASTM F794 OR F679 I LF I 2,000. I 2,088. I I 2,088.00 I 21.90 I 45,727.20 1 0-10' INCL EXCAVATION, CL B-1 I I I I I I I I EMB, TESTING & BACKFILL I I I I I I I I I I i I I I I 014 1 12" PVC ASTM D3034 SDR35 OR I LF I 500. I I 531. I 531.00 I 18.09 I 9,605.79 I ASTM F789 10-14 INCLUDING I EXCAVATION, CL B-1 EMB, 1 I I I I I I I TESTING & BACKFILL I I I I I I I I I I I I I I I 015 1 12" PVC ASTM D8034 SDR35 OR I LF I 1,900. I 766. I 949. I 1,715.00 I 17.04 t 29,223.60 I ASTM F789 0-10', INCLUDING I I I I I I I I EXCAVATION, CL B-1, TESTING I I I I I I I 1 AND BACKFILL I I I I I I I I I I I I I I I 016 18" PVC ASTM D3034 SDR35 OR I LF I 850. I 795. I I 795.00 I 15.06 I 11,972.70 I ASTM F789 0-10', INCLUDING I I 1 I I I I 1 CL B-1 EMB, TESTING & BACKFILLI I I I I I I I I I I I I I 017 1 16" DIP CL50 0-14' INCLUDING I LF I 500. I 466. I I 466.00 I 35.33 I 16,463.78 I EXCAVATION, CL B-1 EMS, 1 I I I I I I 1 TESTING t BACKFILL I I I I I I I I I I I I I I I 018 15' DIAM MH 0-10' W/SEALED I EA I 20. I 21. I I 21.00 I 1,830.00 I 38,430.'.', I RING, COVERS & STUB OUT I I I I I I 1 I I I I I I I I 0I3k 1 4' DIAN MH 0-10' W/SEALED RINGI EA I 10. I 8. I 1. I 9.00 1 1,139.00 I 10,251.00 I COVERS & STUB OUT I I I I I I I I I I I I 020 1 4' DIAM MH 0-10' W/STD RING, I EA I 2. I 2. I I 2.00 I 1,038.00 I 2,076.00 I COVERS & STUB OUT I I I I I I I I I I I I I I I 021 1 4' DIAM MH 0-10' W/STD RING, I EA I 2. I 1. I 2. I 3.00 I 1,402.00 I 4,206.00 I COVERS AND STUB OUT I I I I I I I I I I I I I 022 1 4' DIAM MH 0-10 W/SEALED RING,I EA I 1. I 1. I I 1.00 I 1,504.00 I 1,504.00 1 COVERS & STUB OUT I I I I I I I I I I I 023 15' DIAM MH )10' I VF I 70. I 53. I I 53.00 I 99.75 I 5,286.75 I I I I I I t 024 1 4' DIAM MH AND 4' DIAM DROP I VF I 70. I 32.5 I 8. I 40.50 I 52.50 I 2,126.25 I MH ) 10' I I I I I I I I I I I I 1 I I • • /6......3 ESTIMATE FOR PAYMENT PATE 6 PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEWER Page 3 IMPROVEMENTS, MUDDY CREEK Estimate No: 3 Date: 10-04-90 INTERCEPTOR Estimate Period 08-29-90 to 09-30-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: '745,374.25 Revised Contract Total: Item I Description IUnitl ( Quantities ) I Unit Price I Amount I I Planned I Prev. Est. I This Est. I To Date I I I I I I I I I I 04 I STAINLESS STEEL TURBINE MH I EA I 8. I 4. I 3. I 7.00 I 793.00 I 5,551.00 I VENT W/6-5/8" OD GALV PIPE I I I I I I I I I I I I I I 026 I BORE & STEEL ENCASE STATE HWYSI LF I 500. I 440. I I 440.00 I 180.18 I 79,279.20 I DRIVEWAYS & RAILROADS I I I I I I I I I I I I I I I 027 I CONCRETE F/PIPE ENCASEMENT I CY I 150. I 78.4 I 60. I 138.40 I 60.00 I 8,304.00 AND PIERS INCL 2-NO. 5 I VERTICAL BARS PER PIER I I I I I I I I 028 I CONNECT TO EXISTING MH, STUB I EA I 3. I 1. I 1. I 2.00 I 159.60 I 319.20 I OUT OR LIFT STATION I I I I I I I I I I I I I I I 029 I CMT STAB BACKFILL IN TRENCH AT I EA I 5. I 4. I 1. I 5.00 I 2,450.00 I 12,250.00 I CREEK CROSSINGS, INCLUDING I EXCAVATION, CMT, MIXING & I I I I I I I I COMPACTING I I I I I I I I I I I I I I I 030 I REMOVE 2 EXISTING PUMPS & I LS I 1. I I I 0.00 I 2,579.00 I 0.00 I APPURTENANCES IN EXISTING 4' I I I 1 I I I I DIAM WET WELL I I I I I I I I I I I I I I I 031 112" THICK CRUSHED LIMESTONE I SY I 100. I 38. I I 38.00 I 7.98 I 303.24 I FLEXIBLE BASE I I I I I I I I 032 i SHEETING, SHORING, BRACING OR I LF I 20,375. I 17,463. I 1,480. I 18,943.00 I .10 I 1,894.30 I OTHER MAILS F/CONSTRUCTION OF I I I I I I I 1 SEWER PIPE IN TRENCHES 5'+ I I I I I I I I I I I I I I I 033 14" SS SVCS EXTENDING TO EDGE I EA I 10. I I I 0.00 I 150.00 I 0.00 I OF EASEMENT I I I I I I I 034 I BROADCAST SEEDING I AC I 4. I I I 0.00 I 1,300.00 I 0.00 I I I I I I I 035 I FURNISH & CONSTRUCT MH MARKERS I EA I 5. I I I 0.00 I 60.00 I 0.00 I I I I I I I I /6 / ESTIMATE FOR PAYMENT PATE & PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEWER Final Page. IMPROVEMENTS, MUDDY CREEK Estimate No: 3 Date: 10-04-90 INTERCEPTOR Estimate Period 08-29-90 to 09-30-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: Item I Description lUnitl ( Quantities ) I Unit Price I Amount 1 I I Planned I Prev. Est. I This Est. I To Date I I I I I I I I I I { TOTAL WORK TO DATE I I I i I I I 674,001.84 I I I I I I I I I PLUS MATERIAL ON HAND I I I I I I I 0.00 I I I I I I I I I TOTAL AMOUNT TO DATE I I I I I I I 674,001.84 I I I I I I I I I LESS 5.00% RETAINAGE I I I I I I I 33,700.09 I I I I I I I I I LESS PREVIOUS PAYMENTS I I I I I I I 603,369.22 I I I I I I I I I TOTAL AMOUNT DUE THIS ESTIMATE! I I I I I I 36,932.53 I SUBMITTEEDD BY: PATE & E TE- \ram I I I I I APPROVED BY: I I I I I I I I I RECOMMENDED FOR APPROVAL: le's.5"-A-C2-2--- HUNT . . ASSOCIATES CONSULTING ENGINCERf DATE i(/'/2-3 /9;/) APP OVEU: • DATE /p — 90 ,013c ) 10 MEMORANDUM DATE: October 29 , 1990 TO: Mayor and City Council 44. FROM: Bill Dashner , City Manage ..�,,. RE: Discuss and Consider in Executive Session Tabled Item Report From City Manager to City Council dated October 11, 1990 , Article 3, Section 8 , Part C of the Wylie City Charter (The City Council Prohibitions) and Employment Recruitment for Legal Counsel to the City of Wylie