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02-08-1994 (City Council) Agenda Packet WYLIE CITY COUNCIL FEBRUARY 8, 1994 7:00 P.M. MUNICIPAL COMPLEX AGENDA WYLIE CITY COUNCIL February 8, 1994 Wylie Municipal Complex 7:00 p.m. CALL TO ORDER INVOCATION - Reverend Scott Brown, First Baptist Church PLEDGE OF ALLEGIANCE OATH OF OFFICE - Shan English, Fire Chief PRESENTATION - Hear Presentation from Scott Brown Regarding the City of Wylie's Chaplain Program ACTION ITEMS 1. Consider Approval of Minutes of Previous Meetings 2. Discuss and Consider Approval of an Ordinance Pertaining to Issuance of Permits and Indebtedness to the City 3. Discuss and Consider Approval of an Ordinance Calling the 1994 Annual Officers' Election 4. Discuss and Consider Approval of Assignment of Ambulance Contract from Central Ambulance to Laidlaw STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 5. Hold Executive Session Under 551.072, Government Code, to Discuss: a) Land Acquisition for Parks & Recreation 6. Reconvene Into Regular Session and Take Action Related to Executive Session WORKSESSION Hold Worksession to Discuss: (1) Potential Annexations (2) Management Update ADJOURNMENT Posted th' the 4!h 4hz) f February, 1994 at 5:00 p.m. MINUTES OF THE WYLIE CITY COUNCIL January 25, 1994 CALL TO ORDER 5 Mayor John W. Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Reta Allen, John Mondy, Ortie Messenger, and Bud Naish. Steve Wright was absent. Reverend Kirk Taylor of the Murphy Baptist Church led the invocation. 10 CONSENT AGENDA (1) the minutes of November 16, 1993 Worksession, January 11 and January 18, 1994 15 (2) Resolution 94-2 appointing Nora Green as Deputy City Secretary for the purpose of assisting in the administration of the 1994 Municipal Election (3) Ordinance 94-1 declaring the results of the January 15, 1994 1/2 Cent 20 Sales Tax Election and Levying Said Tax AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DECLARING RESULTS OF THE ELECTION HELD JANUARY 15, 1994 FOR IMPOSITION OF ONE-HALF CENT SALES TAX FOR ECONOMIC DEVELOPMENT AND IMPOSING SUCH SALES TAX AS OF JULY 1, 1994, 25 REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Messenger made a motion to approve the consent agenda with a correction in the minutes of January 18th. Swartz seconded the motion. Mayor Akin read the 30 ordinance caption. The motion was voted on and passed unanimously. ADOPTION OF URGENT NEED GRANT DISTRIBUTION GUIDELINES City Manager Steve Norwood explained that based on the urgency of 35 administration of the urgent need grant for storm victims, staff had moved quickly to develop guidelines for distribution and prepared a draft to present to Council. He explained that the guidelines were as flexible as possible without compromising the intent of the program. David Lewis, GSA, outlined the guidelines being proposed but stated that due to unusual circumstances of individuals affected, the guidelines might 40 require amendment later. He noted that the guidelines required approval by the State and that a Housing Advisory Committee was needed as quickly as possible to help review and process applications. Naish requested that Section 5. B be amended to include 120 days instead of 45 90 days to secure additional financing. He then made a motion to adopt the policies 1 with the amendment. Mondy seconded the motion. The motion was voted on and passed unanimously. ORDINANCE 94-2 AMENDING ATHLETIC FIELD POLICIES 50 Norwood explained that the policies as amended would allow minor deviations from the policies to be approved through a staff process without requiring staff approval. Bill Nelson, Park Superintendent, stated that the consensus of the Park Board was that youth sports take priority over other programs. Council discussed the 55 proposal that a team be required to maintain a 70% majority of members who live within the W.I.S.D. in order to receive a first priority designation. City Attorney Steve Deiter recommended an amendment to state that 70% of the players "live or work" within the W.I.S.D. to resolve the issue of businesses being left out of the prioritization. Allen also suggested that Council consider imposing a fee for reserved 60 fields that are unused. Norwood explained that staff would monitor the parks for habitual abusers and consider a penalty at a later date if necessary. Messenger made a motion to approve the ordinance with the addition of "or working". Mondy seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. 65 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 93-9 CONCERNING THE POLICY FOR USE OF THE ATHLETIC FIELDS AT WYLIE COMMUNITY PARK, BY ADOPTING A NEW POLICY; PROVIDING FOR PARKS AND RECREATION DIRECTOR TO ADMINISTER SAID POLICIES; REPEALING ALL CONFLICTING 7 0 ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE ORDINANCE 94-3 ADOPTING PAVING STANDARDS 75 Norwood explained that paving standards had not yet been adopted as a supplement to the subdivision regulations. Swartz made a motion to approve the ordinance adopting paving standards. Naish seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. 80 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CITY CODE BY ADOPTING PAVING DESIGN STANDARDS TO BE UTILIZED AND COMPLIED WITH IN CONSTRUCTION OF PUBLIC IMPROVEMENTS WITHIN THE CITY AND ITS EXTRA TERRITORIAL JURISDICTION; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CAUSE; AND 85 PROVIDING FOR AN EFFECTIVE DATE ORDINANCE REGARDING ISSUANCE OF PERMITS AND INDEBTEDNESS TO THE CITY OF WYLIE 90 Norwood explained that the ordinance proposed would prohibit issuance of a permit to an individual who owed funds to the City of Wylie. Naish requested that 2 Council consider including a variance process for hardship cases. Jim McKee, 6703 Sable in Sachse, property owner on SH-78 in Wylie, stated that everyone shouldn't be penalized due to a few abusers. Messenger agreed to including a clause that 95 provided an exemption due to a natural disaster but not for other purposes. Defter commented that type of permit was not grounds for discrimination but a hardship situation exemption would not be selective enforcement. Swartz recommended that an amended ordinance be brought back before Council including a hardship clause. Allen made a motion to table the ordinance pending amendment. Messenger 100 seconded the motion. Council discussed restricted exceptions that might be included in the ordinance. The motion was voted on and passed unanimously. CONSTRUCTION PLANS FOR SANITARY SEWER IMPROVEMENTS FOR LINES ADJACENT TO HOMETOWN FURNITURE/EUBANKS AREA AND IN THE VICINITY 105 OF THE HOLLAND HITCH PROPERTY Norwood explained the locations of the proposed lines. Regarding the Hometown Fumiture/Eubanks area line, he stated that 50% contribution was proposed for the lines as they served five individual businesses. Greg McLean, Hogan 110 Corporation, explained that the total cost of installing the line along SH-78 and possible additional right of way or line moving costs was more expensive than installing the line along the back of the property. Naish confirmed that the line was being engineered for the total build-out of the area. 17.5 Mr. McKee, owner of Family Hair Care on SH-78 and one of the property owners affected by the line, confirmed that four buildings would be served by the $27,000 line and sharing the cost of 50% of the line. He offered to dig the line for his structure and let the city finish the line for the other property owners. McLean explained that all construction had to be completed to city specifications. Swartz 120 made a motion to approve the construction standards in the Hometown Furniture area. Allen seconded the motion. The motion was voted on and passed unanimously. Regarding the Holland Hitch area, Norwood explained that a verbal agreement had been reached with Holland Hitch regarding the sewer line that allowed the use of 125 a line through Wylie Butane Park provided the city maintained individual water & sewer lines for owners in the mobile home park. He stated that while the City was currently maintaining the lines for the mobile home park the project proposed would require private maintenance of the individual lines. Allen stated that a binding and written agreement should be considered with the mobile home park owner since an 130 informal agreement had been reached at one time and was being observed. Mondy stated that the new line would provide continued service to the residents of Wylie Butane Park and questioned what the loss to the residents of the mobile home park was. Akin explained that the city had agreed to maintain the lines within 135 the park in exchange for use of the property owner's line. Swartz requested an 3 estimate of the cost to the city to maintain the lines in the park. McLean stated in response to a question by Naish that the lines existing were adequate capacity for Holland Hitch and the residential properties only because peak use times differed. Norwood explained that a Holland Hitch separate line was needed and the mobile 140 home park issue could be addressed at a later date. Mondy made a motion to approve construction plans for a sewer line for Holland Hitch. Swartz seconded the motion. The motion was voted on and passed unanimously. 145 BIDS FOR FIRE TRUCK Norwood explained that the mini-pumper budgeted at $70,000 had been on hold pending the hiring of the new fire chief. He noted that the fire chief was not 150 prepared to award a bid at this time. Swartz made a motion to reject the bids. Allen seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS 155 Norwood noted that the ambulance building was removed and development of Olde City Park would be progressing. He announced the hiring of the new police and fire chiefs, Dave Brungardt and Shan English.. Brady Snellgrove, Director of Finance, noted that progress was being made in the utility billing department and records were expected to be up to date in the next two weeks. 160 EXECUTIVE SESSION Council adjourned into Executive Session at 8:45 p.m. to discuss Land Acquisition regarding a future service center and appointments to a Housing Advisory 165 Board for review of Urgent Need Grant Applications. APPOINTMENTS TO HOUSING ADVISORY BOARD Upon reconvening into regular session, Naish made a motion to appoint Jaline 170 Dodd, Mary Nichols, James Blakey, Reta Allen and a member of the Ministerial Alliance to the Housing Advisory Board. Swartz seconded the motion. The motion was voted on and passed unanimously. ADJOURNMENT 175 As there was no further business to come before the Council for consideration, the meeting adjourned at 9:30 p.m. 4 180 APPROVED 185 ATTEST 5 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOR: Steven P. Deiter DATE REFERENCE NO. SUBJECT 2/4/94 a consideration of Ordinance Requiring Payment of Arrearage With City We Condition to Issuance of Permit, License, Or Zoning Actions SUMMARY OF SUBJECT: At its last meeting the Council considered adoption of an ordinance which would require that no person who is in arrears on any City taxes, fees, or other payment would be issued any permit, license, privilege, or zoning change application. The Council directed the staff to revise the ordinance to include provisions whereby council could waive application of the ordinance in certain limited circumstances. The ordinance now being presented has been revised to include the waiver provisions and is back before the Council for further consideration. ALTERNATIVES: (1) Adopt ordinance requiring applicant for City license, permit, or zoning matters to be free from arrearage with City, as presented; (2) Adopt ordinance with amendments deemed appropriate by council; (3) Take no action and allow persons with arrearage to City to receive permits, licenses, zoning changes; ACTION REQUESTED: Assuming Council desires to ordain a policy of preventing persons in arrears in City from receiving permits and licenses, staff recommendation is that it should be accomplished by adoption of the proposed ordinance, or one which is substantially similar in scope and effect. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 • S CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC • BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO : City Council FROM: Steve Defter- SUBJECT z Ordinance Requiring Persons Applying for- Permits , Licenses , And Zoning Requests To Be Free or Debt To City DATE : February 4 , 1994 ********************************************************************************* At the January 25, 1994 Council meeting the Council considered enactment of an ordinance which would require that no person who has an arrearage with the City may be granted a permit, license, privilege, or zoning application. In it's deliberation on the issues the Council requested that the ordinance be revised to make allowance for waiver of the requirement in certain limited circumstances with Council approval. I have revised the proposed ordinance to make provisions to allow for waiver in five circumstances, if at least two-thirds of the Council approves. The revised portions of the ordinance are in the shaded area, those areas not shaded are the same as the ordinance previously considered. I am somewhat unsure as to whether a majority of the Council desires all five of the exceptions, or some partial combination thereof. Initially I indented to present the Council with alternative combinations of the five possibilities. However, that would require preparation of twenty or more page 2s. Consequently I am suggesting that when the Council deliberates on the ordinance at the February 8 meeting it should decide what combination of the five it desires. Once a decision is made a vote can be taken to adopt the ordinance with the selected ones and I will change page 2 to comply with the vote. Included herewith please fmd a copy of the memorandum on this subject which appeared in the packet material for the last meeting. I would again call you attention to the comments therein expressed. Should you have any question on the ordinance or its effect please advise. cc: Steve Norwood ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CITY CODE BY ADDITION OF A NEW SECTION PROVIDING THAT BEFORE ANY PERMIT OR LICENSE IS ISSUED TO AN APPLICANT, SAID APPLICANT MUST NOT BE IN ARREARS ON ANY AMOUNT OWED TO THE CITY; FURTHER PROVIDING THAT AN APPLICANT FOR CHANGE OF ZONING MUST NOT BE IN ARREARS ON ANY AMOUNTS OWED TO THE CITY; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has experienced, and continues to experience, significant problems with persons and entities who are delinquent in obligations to the City, continuing to transact business with the City by way of receiving permits, licenses, changes in zoning, and other benefits from the City without having to bring such delinquent obligations up to date; and, WHEREAS, allowing such persons who are delinquent in their obligations to the City to continue to receive licenses, permits and other privileges is unfair to the other citizens who have paid all of their obligations to the City; and, WHEREAS, persons, entities and firms frequently change names and/or form of entity in which they conduct their business and thereafter seek to receive privileges of receiving permits licenses and the like from the City thereby making it necessary to apply the effect of this ordinance to all related or predecessor parties, as hereinafter defined; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I (a) No permit, license or similar such privilege shall be issued by the City when the applicant or the owner of the premises for which the application is made, is in arrears to the City for taxes, water, sewer, garbage, or any other fees or expenses due to the City. (b) No applications for any zoning actions, including original applications for zoning, change of zoning classification, application for special use permits, appeals, shall be accepted or considered if the person submitting the application or a person owning a substantial interest in the property effected thereby, is arrears to the City as provided in the preceding paragraph. (e) A waiver of the requirementsand effect of this chop y be grai t;d oczly by a two= 1 thirds, Or more, Vote of the City Council if at least one of the following qualifications have'been met: 1) a waiver will facilitate urban redevelopment, historic conservation, or an important planning objective, or 2) a pending sale of the property:is contingent on the zoning application, and the applicant can supply evidence, such as a contract of sale, that the taxes and any other city fees, fines, or penalties will be paid at the time of closing; Or 3) the applicant can demonstrate financial hardship that makes payment of taxes impossible, and approval of a waiver will improve the applicant's ability to pay the taxes and any other.city fees, fines or penalties, or 4)the properly is an asset in a bankruptcy case, and the action for which a permit, license, privilege, or zoning action is submitted in connection with the liquidation or reorganization or the debtor; O. 5) The need for the permit, license, or privilege from the City arises from a natural disaster such as tornado, flood, earthquake or other calamity A form for such application shall be prepared by and available in the City's Community Development Depart .ent, but shall be completed and submitted by the ;applicyant. Any consideration on such waiver shall be separate and apart from the underlying application which shall be considered on its merits only after approval'of the waiver or payment of the arrearage SECTION II The provisions of this ordinance shall apply not only to the person or entity applying for the permit, license, or zoning action or owner of the effected property, but also and equally apply and be effective against persons who have or had a substantial interest a concern or entity who is so indebted to the City notwithstanding the fact that the application or request is being made in under a different name. SECTION III As used herein the following terms shall be defined and taken to mean as follows: (a) Person: An individual, partnership, corporation, association or other business entity. (b) Substantial Interest: Having an ownership interest of 25% or more and/or having general managerial and administrative control over a business or entity. SECTION IV 2 Nothing herein shall prevent the issuance of a permit, license, or zoning application in those situations where the indebtedness to the City has been legally discharged in bankruptcy proceedings in the United States District Court. SECTION V Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VI This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VII That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of January, 1994. By John W. Akin Mayor 3 AT FEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 4 ,,V7- MEMORANDUM TO : City Counc ' 7 FROM: Steve D ipy SUBJECT : Ordinance Requiring Persons Applying For Permits , Licenses , Zoning Request to Free of Debt to City OATH: January 20 , 1993 ********************************************************************************* The subject of the proposed ordinance has been proposed to the Council in the past. At that time the Council indicated that it was generally favorable, at least in concept, to passage of an ordinance requiring applicants for City licenses, permits, etc. to free of any debt owed to the City. I have drafted the ordinance to speak to all situations where the City is granting licenses, permits, zoning changes, or other similar privileges to persons. I think that an ordinance which was selective in its application (by applying to some permits and not others) may not be enforceable. Thus, I would recommend an all or nothing approach. If the Council is not comfortable with a comprehensive across the board application then it may want to consider not passing the ordinance. Certainly there is no requirement that a City have such an ordinance. It is being brought forward by the staff as a solution to the problem of persons owing the City monies and continuing to conduct activities which are sanctioned by the City via license and permit. It would be an effective means of applying leverage to those persons who are in arrears to the City and who might not otherwise pay. Furthermore, as noted in the ordinance, it is somewhat unfair to allow these persons to continue to receive what amounts to benefits from the City, at the expense of the other taxpayers. I have included for your comparison and review copies of similar ordinances from Rockwall and Lancaster. The Rockwall ordinance is very simple and comprehensive. The Lancaster one is more complex but is limited to zoning matters only. I note that Section IV concerning debts discharged by bankruptcy is probably not something that the Council would voluntarily put into the ordinance. However I believe it is necessary as the City should not be taking actions which are tantamount to involuntary collection of what have become legally unenforceable debts. Not to mention the fact that the City would be ignoring the order of a Federal District Court. If the Council has further concerns, suggestions, or input on the matter please advise. cc: Steve Norwood City of Wylie AGENDA COMMUNICATION City Secretary Mary Nichols SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 2/8/94 3 Ordinance Calling 1994 Municipal Election SUMMARY OF SUBJECT: Attached is an ordinance calling the May 7th election. We've included a June 4th runoff date although Council can certainly change that date to any date within 20 to 30 days of the date we canvass the May 7th returns. We only included this date as it appeared to be an appropriate Saturday and did not want to compete with Memorial week-end in the event of a runoff. ALTERNATIVES: (1) Approve the ordinance (2) Table the ordinance (3) Deny the ordinance ACTION REQUESTED: Staff is recommending that Council approve the ordinance with any changes you may deem appropriate. We do need to submit the runoff date to the Justice Department for pre-clearance•as soon as possible. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUB SSION CITY COUNCIL CITY MANAGER ORDINANCE NO. 94-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CALLING A GENERAL ELECTION TO BE HELD ON MAY 7, 1994, FOR THE PURPOSE OF ELECTING A MAYOR AND THREE (3) COUNCILMEMBERS, ONE (1) EACH FOR PLACES 2, 4, AND 6 FOR TWO (2) YEAR TERMS EACH FOR SAID CITY; DESIGNATING ELECTION PRECINCTS AND DESIGNATING POLLING PLACES WITHIN SAID CITY; PROVIDING FOR THE APPOINTMENT OF PRESIDING ELECTION JUDGES AND ALTERNATE PRESIDING ELECTING JUDGES; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION, ESTABLISHING RUNOFF PROVISIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code") specifies that the first Saturday in May shall be a "uniform election date" and that a general election of a city may be held on such day; and WHEREAS, the City Council of the City of Wylie, Texas, (hereinafter referred to as the "City") has determined that the City shall conduct its general municipal election on the first Saturday in May, 1994; and WHEREAS, by this Ordinance, it is the intention of the City Council to: (i) call for said general election to be held on said date, (ii) designate the election precincts, (iii) designate polling places for the election, (iv) provide for appointment of the necessary election officers, (v) establish and set forth procedures for conducting the election, (vi) establish a date for canvassing the returns of said election, and (vii) establish a runoff date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Incorporation of Premises. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. Election Date, Purpose of Election: Officers and Terms of Office. That a general election shall be held in and throughout the City on Saturday, May 7, 1994, for the purpose of electing the following officers: MAYOR COUNCILMEMBER PLACE 2 (TWO) COUNCILMEMBER PLACE 4 (FOUR) COUNCILMEMBER PLACE 6 (SIX) Section 3. Eligibility for Candidacy. In accordance with the City's Charter, no person shall be eligible for the office of Councilmember unless he/she is a qualified elector, and has resided within the existing corporate limits of the City or recently annexed territory for at least twelve (12) months preceding the filing deadline for applications for candidacy as set forth in Section 4 of this ordinance. Each candidate, prior to filing an application, shall present to the City Secretary a petition containing signatures of at least 25 persons who are qualified voters of the City. In accordance with the City Charter, as heretofore amended, said petition must contain 25 names as the number is greater than one-half of one percent of 1395, the number of votes cast for Mayor at the May 1, 1993 election. Section 4. Application for a Place on the Ballot. In accordance with the Section 143.007 of the Code, any eligible and qualified person may have his/her name printed upon the official ballot as a candidate for the offices hereinbefore set forth by filing his/her sworn application with the City Secretary not earlier than February 21, 1994, and not later than 5:00 P.M. March 23, 1994. Each such application shall be on a form as prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Runoff Election. In accordance with Section 2.025 of the Code, in the event that no candidate receives a majority of the votes cast for a given office, there shall be a runoff election held on June 4, 1994, which shall be not less than 20 nor more than 30 days after the date of the official canvass as provided for herein. If a runoff election is necessary, it shall be ordered by the mayor not later than five (5) days after the canvassing of the returns of the general election. As provided in Section 2.028 of the Code, should candidates in the runoff election tie, they shall cast lots to determine the winner. Section 6. Election Precincts: Polling Places: Election Hours. The polling location for precinct 25 shall be the Southfork Mobile home Park Clubhouse, 210 Southfork Boulevard, Wylie, Texas. The polling location for precincts 27, 83, and 56 shall be the Wylie United Methodist Church, 109 W. Jefferson, Wylie, Texas. Section 7. Appointment of Presiding Election Judges and an Alternate Presiding Election Judges: Qualifications to Serve as Election Judge: Confirmation of Appointment: Notice of Appointment. The City Council shall, in accordance with the Texas Election Code, appoint Presiding Election Judges and Alternate Presiding Election Judges not later than March 14, 1994. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judges and the Alternate Presiding Judges notice of their appointments not later than twenty (20) days from the date of appointment. 2 Section 8. Appointment of Clerks. The Presiding Judges upon appointment shall each appoint not less than two (2) nor more than eight (8) qualified election clerks to serve and assist in the conduct of the election, provided, however, that if the Presiding Judges named actually serves as expected, the Alternate Presiding Judges shall each be one of such clerks. All election clerks shall be qualified voters of the City. Section 9. Compensation of Election Judges and Election Clerks. The Presiding Election Judges, Alternate Presiding Judges and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judges shall each also be paid the additional sum of $25.00 for delivering the returns of the election. Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. Section 10. Method of Voting: Election Materials. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. Voting at the election shall be by use of paper ballots to be manually tabulated. Preparation of the official ballots for the election shall conform to the requirements of the Code, and shall permit the voters to vote for a Mayor and three (3) councilmembers, one (1) each for Places 2, 4, and 6 for a two (2) year term each. Each elector shall indicate his/her vote in the space provided beside each candidate's name that he/she wishes to vote for, provided, however, that no elector shall vote for more than one (1) member of the Council for each place. Section 11. Governing Law: Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas, the Texas Election Code, the City Charter, and all resident, qualified electors of the City shall be eligible to vote at the election. In addition, the election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling place and for early voting for the election. Section 12. Publication and Posting of Notice. Notice of the election shall be given by posting a notice of election in both English and Spanish at the City Hall at the Bulletin Board used for posting notices of the meetings of the City Council, at each polling place and one (1) other public place within the City not less than twenty-one (21) days prior to the date upon which the election is to be held, and by publication of said notice at least once in a newspaper of general circulation published within the City, the date of said publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the election. In addition thereto, a copy of the notice shall also be filed with the City Secretary at least twenty-one (21) days before the election. Upon publication of the election notice, the City Secretary shall secure a publisher's affidavit which complies with the requirements of the Code. 3 Section 13. Early Voting. Early voting by personal appearance shall be conducted by the City Secretary, who is hereby appointed the Early Voting Clerk, or by Deputy Early Voting Clerks as appointed by the City Secretary. Voting will take place at the office of the City Secretary located at City Hall, 2000 Hwy. 78 North, Wylie, Texas. For the period early voting for the election is permitted by law, the Early Voting Clerk shall keep said office open for early voting by personal appearance during regular hours on Monday through Friday except official State or City holidays, which hours shall be from 8:00 A.M. to 5:00 P.M. commencing on April 18, 1994 and terminating on Tuesday, May 3, 1994. Early voting on a Saturday or Sunday if any, shall be conducted in accordance with the requirements of the Code. Applications for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than March 8, 1994, and not later than the close of business on April 29 if the application is delivered by mail and not later than April 15, 1994 if the application is delivered in person. Early voting, both by personal appearance and by mail, shall be by paper ballots to be manually tabulated,which ballots shall conform to the requirements of the Code and in so doing, shall permit the voters to vote for a Mayor and three (3) Councilmembers, one (1) each for each of Places 2, 4, and 6 for two (2) year terms each. Each elector shall indicate his/her vote in the space provided beside each candidate's name that he/she wishes to vote for, provided, however, that no elector shall vote for more than one (1) member to the Council for each Place or more than one person for the office of Mayor. The early ballots shall be counted by Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed for precincts 83, 27, and 56 shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the First United Methodist Church Polling Place shall serve as the other members of the Early Voting Ballot Board for the election. Section 14. Tabulation of Returns. Ballots shall be tabulated at the Central Counting Station which is hereby designated as the First United Methodist Church located at 109 W. Jefferson, Wylie, Texas. The Presiding election Judge and the Alternate Presiding Election Judge for the First United Methodist Church polling place shall serve as the Presiding Judge and Alternate Presiding Judge of the Central Counting Station. The other election officers serving, at said polling place shall serve as the Counting Station Clerks for the election. Section 15. Delivery of Returns: Preservation of Election records. In accordance with the Code, immediately after the closing of the poll of the day of the election returns shall be delivered in triplicate as follows: one copy shall be retained by the Presiding Election Judge, one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the 4 City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 16. Canvassing of Returns. The City Council of the City shall convene as the canvassing authority on May 10, 1994, at 7:00 P.M. to canvass the returns of the election. Section 17. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 18. Effective Date. This Ordinance shall be in force and effect from and after its passage and it is accordingly so ordered. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 8th day of February, 1994. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney 5 City of Wylie AGENDA COMMUNICATION 44,ifir" SUBMITTED BY: Legal DIRECTOR: Steven P. Dei r DATE REFERENCE NO. SUBJECT 2/4/94 4 Consent to Sale of Central Ambulance Company SUMMARY OF SUBJECT: The City is in the second year of a two year contract with Central Ambulance Company. Central has sold the company to Laidlaw Medical Transportation, Inc. who will then be the owner of the service. Under the City's contract Central cannot transfer the City's contract (that is sell their interest in the contract to another company or service) unless the City consents to it. The matter is before the Council on the Central's request for approval (consent) to the transfer. The consent would not change any of the terms of the present contract other than the provider. ALTERNATIVES: (1) Approve the transfer as requested; (2) Withhold consent pending further inquiry as deemed appropriate by Council; (3) Refuse to consent to transfer (note this action would require the Council to state a valid objective reason for the refusal as contract states that consent shall not be unreasonably withheld) ACTION REQUESTED: Staff is recommending that Council grant Central's request for consent to Central's sale of its company to Laidlaw Medical Transportation, Inc., so long as Council is comfortable with the Laidlaw's capabilities to perform under the contract. City of Wylie AGENDA COMMUNICATION 4.011," SUBMITTED BY: Legal DIRECTOR: Steven P. Deit r DATE REFERENCE NO. SUBJECT 2/4/94 4 Consent to Sale of Central Ambulance Company SUMMARY OF SUBJECT: The City is in the second year of a two year contract with Central Ambulance Company. Central has sold the company to Laidlaw Medical Transportation, Inc. who will then be the owner of the service. Under the City's contract Central cannot transfer the City's contract (that is sell their interest in the contract to another company or service)unless the City consents to it. The matter is before the Council on the Central's request for approval (consent) to the transfer. The consent would not change any of the terms of the present contract other than the provider. ALTERNATIVES: (1) Approve the transfer as requested; (2) Withhold consent pending further inquiry as deemed appropriate by Council; (3) Refuse to consent to transfer(note this action would require the Council to state a valid objective reason for the refusal as contract states that consent shall not be unreasonably withheld) ACTION REQUESTED: Staff is recommending that Council grant Central's request for consent to Central's sale of its company to Laidlaw Medical Transportation, Inc., so long as Council is comfortable with the Laidlaw's capabilities to perform under the contract. CENTRAL MBULANCE January 19, 1994 City of Wylie Attn: City Manager Box 428 Wylie, Texas 75098-0428 Gentlemen: Please refer to the terms of that certain Contract for Advanced Life Support Ambulance Service between the City of Wylie and Central Ambulance Service, Inc. ("Central Ambulance"). Part 0.5 of Section I of the Request for Proposal, which constitutes part of the agreement, states as follows: 4. Non-Transferable Contract. This Contract shall not be assigned or transferred without the expressed written permission of the City of Wylie. Similarly, in the event this Contract is awarded to a company, a majority of whose work is related to the performance of this Contract, any change in ownership of that company shall be considered a form of assignment of this Contract, and must be approved by the City of Wylie. Provided, however, that the City of Wylie shall not unreasonably withhold its approval of such change in ownership. Central Ambulance has entered into a latter of intent with Laidlaw Medical Transportation, Inc. ("Laidlaw") and is currently negotiating final agreements pursuant to which Laidlaw would acquire the outstanding capital stock of Central Ambulance. 2603 Inwood Road American Dallas,TX 75235TEXAS Administration (214)353-7610 r Ambulance Dispatch (214)826-8820 AmBUL CE Association Fax (214)353-7624 ASSOCIATION la City of Wylie January 19, 1994 Page - 2 Central Ambulance hereby requests your approval of this transaction. Please indicate your approval by signing in this space provided below. Yours very truly, Central Ambulance Service of Texas, Inc. By: ( - `/ Darryl uigley, P widen Approved this day of January, 1994 City of Wylie By: Name: Title: INTERDEPARTMENTAL MEMORANDUM TO : Steve Norwood 11111PIP FROM: Steve Defter ,0 SUBJECT : Cent ra 7 Amb 7 ance - Transfer of Contract DATE : January 24 , 1994 ' + ********************************************************************************* I have reviewed the letter of January 19, 1994 from Central Ambulance regarding sale of the Company and transfer of the City's contract. The letter cites a paragraph from Central's contract with the City (actually the RFP portion of the contract) which deals with assignment of the contract. The paragraph is actually paragraph 5 of Part G. of Section I of the RFPs. The text recited in the letter correctly states the contract language, but paragraph is actually paragraph 5 of Part G. of Section I of the RFPs. The bottom line is that Central is selling out to Laidlaw Medical Transportation, Inc.. Part of the sale includes Wylie's contract. Under the terms of the Central's contract with Wylie an assignment (sale) cannot be made without the City's consent. The purpose of the letter is to request consent to the sale. Whether the consent should be granted or not is based on adminisltgive and public safety factors, rather than any legal considerations which I could speak to. However, I would suggest that it would be prudent for the City to request some history, performance and general information concerning Laidlaw to insure that the ambulance service will continue at the present level. I would also suggest that an inquiry be made into the management of the company under the new ownership. It is possible that it will be operated with virtually the same personnel and management that is presently in place. If that is the case I think the City's concern over the anticipated transfer would be minimal (assuming the present service has been satisfactory). However, if the change will be more than just a change in ownership it is important to make sufficient inquiry into the successor company (as suggested above) to provide a Ievel of comfort with the new operations. I believe this is an issue because, even though the new company would have a duty to perform at the performance standards specified in the contract, their ability to perform is determined by their operations not the contract standards. Although the City's consent is necessary the referenced contract provision also states that such consent shall not unreasonably be withheld. Practically speaking this means that the City should consent unless it has a valid objective reason for not doing so (such as inability of successor company to perform). I have no knowledge of the successor and do not mean to suggest that there is any problem with their performing under the contract. I have merely used such inability for illustration purposes. I would further suggest that the approval, or more accurately the decision to approve or not approve, be determined by the Council. Inasmuch as the contract itself was approved by the Council they are the ones who might appropriately modify it. I am returning the original of the letter herewith. If you require further follow up on the matter please advise. © Thanks © cc: City Council 3