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08-13-1991 (City Council) Agenda Packet Posted: FRiday, Aug 9, 1991 4:00 PM AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, AUGUST 13, 1991 7:00 PM COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 SH 78 NORTH CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1. 1-6 Consider approval of minutes from meeting held on Tuesday, 3e}p-723, 1991. 2. 7-13 Conduct a PUBLIC HEARING for the Purpose of Discussing and Considering Proposed Ordinance from the Planning and Zoning Commission on Landscape Regulations for all future commercial type development. 3. 14 Discuss and Consider Formal Dedication of Brown Street and McCreary Road. 4. 15 Discuss and Consider Adoption Schedule of Fy-92 City of Wylie Budget as recommended by the City Manager. 5. 16 Discuss and Consider Financial Report from City Auction held on August 6, 1991. 6. 17-18 Discuss and Consider Financial Report from the Parks and Recreation Department on Community Park. 7. 19-21 Discuss and Consider Development Corporation of Wylie, Inc.'s Semi-Annual Report to the City Council. 8. 22-23 Discuss and Consider City of Wylie's Formal Opposition to East Fork Water Supply Corporation converting to a special utility district by petition to Texas Water Commission 9. 24-25 Discuss and Consider amending Development Corporation of Wylie, Inc. bylaws. 10. 26-27 Discuss and Consider Adoption of an Ordinance allowing "Restricted Prior Service Credit" to employees with service in Texas cities that are not a part of the Texas Municipal Retirement System. 11. 28-30 Discuss and Consider Jones & Neuse pay estimate Invoice No. 03-028901-029, June 1991 Services, Landfill Closure. 12. 31-32 Discuss and Consider Jones & Neuse Pay Estimate, Invoice No. 03-028902-012, June 1991 Services, Wylie Service Center. 13. 33-36 Discuss and Consider E. L. Dalton Final Pay Estimate #7, Newport Harbor Sanitary Sewer Project and accept project as complete and activate maintenance bond for one year. 14. 34-55 Discuss proposed contracts between the City of Wylie and the City of Murphy on sewage treatment for that city and transmission fees to be charged Murphy on transmission of sewage in City line. (Discussion only - no action requested.) 15. 56-58 Discuss and Consider most recent correspondence from Texas Department of Health on Landfill Closure. 16. 59-64 Discuss and Consider implementation of computer hardware and software system enhancement and improvement for the City's data processing system. 17. 65-69 Discuss and Consider ordinance regulating bicycles and other devices used as recreational type transportation. 18. CITIZENS PARTICIPATION In accordance with the Open Meeting Act, the City Council will hear comments of public interest from citizens residing within the city limits of the City of Wylie. Any discussion must be limited to placing the item on a future agenda for further consideration. Wylie residents wishing to speak before Council should fill out the form provided at the back of the Chamber and limit remarks to a maximum of five (5) minutes. 18. ADJOURN CITY COUNCIL MEETING MINUTES JUNE 25, 1991 • The City of Wylie City Council met in regular session on Tuesday, June 25 , 1991 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 Pro Tem Jay Davis , Council Members Don Hughes, Percy Simmons, Jim Swartz and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones, and City Engineer Paul Beaver. Mayor John Akin and Councilman Ortie Messenger were out of town. Mayor Pro Tem Davis called the meeting to order and Rev. Don Yeager of the Wylie United Methodist Church gave the invocation which was followed with the Pledge of Allegiance. ADOPTION OF AN ORDINANCE ESTABLISHING THE OFFICIAL ZONING MAP FOR THE CITY OF WYLIE, TEXAS AND REPEAL ORDINANCE #87-4 WHICH WAS THE OLD OFFICIAL ZONING MAP : For some time the City has been working to update and correct errors in the old zoning map for the City and the work is being done. City Manager Bill Dashner asked the Council to table this item until staff has had sufficient time to proof what has been submitted. A motion was made by Councilman Martin to table this item until a later meeting . Seconded by Councilman Simmons. The vote was as follows : Mayor Pro Tem Davis in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , and Councilman Simmons - in favor . This motion carried with all in favor to table. CITY FINANCIAL REPORT AT THE END OF EIGHT MONTHS OF FY 91 (MAY 30, 1991) : City Manager Bill Dashner stated that t'hrougb the first eight months overall revenue was $4 ,453 ,135 with expenditures being $4 ,112 , 730. The City shows a positive cash flow balance of $340,405 . All investments in interest bearing accounts amounts to $2 ,891 , 171 and the Wylie Development Corporation as of June 14 , 1991 has a balance of $145 ,416 .79. ACCEPTANCE OF AN APPROVAL OF CONSULTING ENGINEER'S REPORT AND JUSTIFICATION FOR TRAFFIC SIGNALS ON STATE HIGHWAY 78 AND THE SOUTH DRIVEWAY OF BROOKSHIRES AND REQUEST APPROVAL FROM THE STATE DEPARTMENT OF TRANSPORTATION FOR INSTALLATION AND FUNDING: The study conducted by Johnson, Brickell, Mulchay and Associates, inc. which was commissioned by Brookshires has been completed with the following statements: "The Brookshire' s Grocery Company should seek approval from the City of Wylie and the SDHPT for the installation of traffic signal controls at its south driveway intersection with SH78 . Also, that any road plans for widening the highway should include a median opening at the south driveway location . The signal installation should take into account any future widening of the highway so that signal re-work can be kept to a minimum. It is also recommended that due to the significant queues on SH 78 that extend south from FM 544 during peak hours, this signal should be coordinated with the one at FM 544 in order to better clear out the traffic on SH 78 between the two signals . " The following recommendations are being presented to Council for approval: That the City Council approve this study and transmit it to the State Department of Transportation requesting that the State: 1 . Install the signals at State expense 2 . Allow the City to install the signal according to State specifications and the State pay for it 3 . If the State will not agree to the first two (2) options then the City will have to install the signal at Brookshire' s expense and the City' s expense. There was discussion on having the signal at Brookshires entrance or at the Hospital Emergency entrance. The State has said that Brookshires and the Hospital need to work on a joint access easement/road . City Manager Bill Dashner said the next step is to transmit the study to the State and ask that design work begin immediately. This will come back to Council for final approval with a report and design work done. A motion was made by Councilman Hughes to approve with option #1 and #2 as listed above. Seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. CONSIDER MAYOR ' S LETTER TO TEXAS WATER COMMISSION REQUESTING REMOVAL OF COURT ORDERED PUMP AND HAUL OPERATIONS AND ELIMINATION OF MONTHLY FINES FOR A FINAL INSPECTION OF THE • CITY (S SANITARY SEWER CAPITAL IMPROVEMENT PROGRAM: The following is the letter being transmitted to the State: Ms . Claudia Chaffin Enforcement Division Texas Water Commission P 0 Box 13087 Capitol Station Austin, Texas 78711 Dear Ms. Chaffin: As Mayor of the City of Wylie, Texas and as authorized by the City Council I am requesting that the Texas Water Commission conduct a formal inspection on the City ' s major sanitary sewer system capital improvement program. Over the last two (2) years the City has expended approximately $2 .5 million to come into compliance with regulations on sanitary sewer system distribution improvements. For the last several years the City of Wylie has been under court order to cease and desist sewer pump and haul operations. I am happy to inform you that the City of Wylie will have completely eliminated all pump and haul operations on or before July 12 , 1991 . Therefore , we are requesting that an inspection be made on July 22, 1991 so that your department can release the City from the monthly fines that the City has been paying for the last several years for non compliance. If this proposal is acceptable to you please contact Mr . Bill Dashner , City Manager, City of Wylie, 214- 442-2236. Sincerely yours, John W. Akin, Mayor . A motion was made by Councilman Swartz to approve the letter to the State of Texas Water Commission for removal of the court order. Seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor, Councilman Martin - in favor, Councilman a Hughes - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REVIEW AND APPROVE DETAILED SPECIFICATIONS FOR AN EMERGENCY COMMUNICATION SYSTEM FOR THE POLICE DEPARTMENT AND FIRE DEPARTMENT AND 911 : The specifications for the emergency communication system for the police and fire departments and 911 have been prepared by the Police Chief and the Fire Chief with help from Motorola . It is the City Staff' s intention, once the specifications are adopted by the City Council to solicit competitive bids and also solicit another bid through the Houston Galveston Area COG. Staff has decided to purchase furniture as a separate item, as staff feels money can be saved by doing this . A motion was made by Councilman Simmons to approve the specifications for an emergency communications system for the police and fire department and 911 . Seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . FINAL PAYMENT TO PATE AND PATE ON PHASE II SEWER LINE AND ACCEPT PROJECT AS COMPLETE AND ACTIVATE ONE YEAR MAINTENANCE BOND: The final payment to pate and Pate on Phase II Sewer Tine is in the amount of $47 , 912 .95 which also releases the 5% retainage. The final total amount is $899 ,647 .07 which is $5, 866 .91 less than the original $905, 513 .98 contract . A one year Maintenance Bond was included in the original Performance Bond. Staff recommends approval of payment. A motion was made by Councilman Martin to approve the final payment in the amount of $47 ,912 .95 and activate one year • Maintenance Bond . Seconded by Councilman Swartz . The vote was as' follows : Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . EVALUATION OF THE DEVELOPMENT CORPORATION OF WYLIE, INC AND COMPLIANCE OR NON COMPLIANCE WITH CITY COUNCIL APPROVED BYLAWS: The City Council in August of 1990 put in place the Development Corporation of Wylie, Inc. and adopted Bylaws by which this board should abide. There are very specific areas where the Board is supposed to report to the City Council which are as follows: 1 . The Board shall develop an overall economic development plan for the City which shall include and set forth intermittent and/or short tem goals . Such plan should be approved by the City Council. 2 . The board shall make a detailed report to the City Council once a year (this report has not been submitted) . 3 . The Board has not posted with the City Secretary' s office copies of bonds and insurance policies. 4 . The FY92 budget has not been transmitted to the City Manager for inclusion in the annual budget presentation to the City Council . 5. The Board has not submitted to the Council monthly summaries of proposed disbursements of funds for anticipated projects. A motion was made by Councilman Simmons to table the item and have a joint work session with City Council and the Development Corporation of Wylie, Inc. Seconded by Councilman Swartz . The vote was as follows : Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor , and Councilman Simmons - in favor. This motion carried with all in favor to table. ADOPTION OF A RESOLUTION DECLARING SUPERFRESH GROCERY ESTABLISHMENT LOCATED IN OAKS SHOPPING CENTER, HIGHWAY 78 NORTH AS A PUBLIC NUISANCE AND ORDERING IMMEDIATE COMPLIANCE WITH CITY BUILDING CODE AND ORDINANCE 88-28 : The City Inspector , the Fire Marshall and the City Engineer have inspected this building , and have documented four (4) major violations of Section 302 of the Uniform Building Code which makes the building a public nuisance. These four (4) violations center around bad stability , electrical , gas and plumbing violations which make it unsafe and constitutes a threat to the public. Staff is recommending the approval of the Resolution declaring Superfresh Grocery establishment a public nuisance. A motion was made by Councilman Martin to approve the Resolution declaring Superfresh Grocery establishment a public nuisance and ordering immediate compliance with City building codes and Ordinance #88-28 . Seconded by Councilman Hughes. The vote was as follows : Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor, Councilman Hughes - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . CONSIDER TORT CLAIM FILED AGAINST THE CITY OF WYLIE BY MR. AND MRS. ROBERT F. IRELAND: City Manager Bill Das'hner stated this claim was submitted to me and was denied . Mr . & Mrs . Ireland came before the Council at the last meeting and requested to be put on the agenda . This claim is in the amount of $700 .00 . A motion was made by Councilman Swartz to approve the payment of this tort claim. Seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor , Councilman Martin--,- in favor , Councilman Hughes - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . PAYMENT OF CLAIM FROM DELOITTE AND TOUCHE FOR SERVICES RENDERED ON PHASE I FINANCE DEPARTMENT AUDIT: This payment Claim is in the amount of $2 ,500 .00 for services rendered in connection with the performance of Phase I procedures as stated in their original proposal approved by Council . A motion was made by Councilman Hughes to approve payment in the amount of $2 ,500 .00 . Seconded by Councilman Simmons. The vote was as follows : Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor, Councilman Hughes - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPOINTING NEW MEMBERS TO THE BOARDS AND COMMISSIONS TO REPLACE THOSE WHOSE APPOINTMENTS ARE EXPIRING: WYLIE DEVELOPMENT CORPORATION: A motion was made by Councilman Hughes to appoint John Tobin, seconded by Councilman Simmons. The vote was as follows : Mayor Pro Tem Davis - in favor , Councilman Swartz - against, Councilman Martin - in favor, Councilman Hughes - in favor, and Councilman Simmons - in favor. This motion carried with four in favor and one against. PLANNING AND ZONING COMMISSION: A motion was made by Councilman Simmons to appoint Marvin Blakey, seconded by Councilman Hughes. The vote was as follows : Mayor Pro Tem Davis - in favor , Councilman Swartz - against, Councilman Martin - in favor , Councilman Hughes - in favor , and Councilman Simmons - in favor . This motion carried with four in favor and one against. A motion was made by Councilman Martin to appoint Jerry Ault, seconded by Councilman Hughes. The vote was as follows : Mayor Pro Tem Davis - in favor, Councilman Swartz - against , Councilman Martin - in favor , Councilman Hughes - 1`" in favor, and Councilman Simmons - in favor. This motion carried with four in favor and one against. APPOINTMENT OF A MUNICIPAL JUDGE AND DISCUSS AND CONSIDER RECRUITMENT PROCESS OR SELECTION PROCESS: Staff recommends appointing the Alternate Judge as Municipal Judge, as he is fair and works out problems and payment plans with everyone. There was discussion of Council monitoring court in order to see how the Judge is working for the City. A motion was made by Councilman Swartz to table this item, seconded by Councilman Simmons . The vote was as follows : Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. CONSIDER USING 1987 WOODLAKE VILLAGE/CENTENNIAL HOMES DEVELOPMENT PERIMETER STREET FEE: According to the Perimeter Street Fee Ordinance, these monies are placed in a trust account and can be used by the City Council for road improvements if the developer who puts the money up approves . With the use of the $60 ,765 this project would still be approximately $10 ,000 short, but we could at least go out for bids to see if this is enough money to do the project or how much will be needed . A motion was made by Councilman Simmons to approve the use of the Perimeter Street Fees plus the $50 , 305 . as agreed from Centennial , seconded by Councilman Martin. The vote was as follows: Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . RECEIPT-OF AND ACKNOWLEDGEMENT OF PHASE II HYDROGEOLOGIC INVESTIGATION OF THE CITY-1S MUNICIPAL LANDFILL AND AUTHORIZATION TO PRESENT DATA TO STATE DEPARTMENT OF HEALTH IN ORDER TO PREPARE FINAL LANDFILL CLOSURE PLAN: Mr . David Buchanan of Jones and Neuse, Inc. reported the final report will go to the State and after their review there will be a meeting with the State to finalize the landfill closure. Mr . Buchanan stated that his firm is recommending to ask for a regular/normal landfill closure. Mr . Buchanan also stated within two weeks of the State receiving these reports the City Staff and himself should go to Austin for a final meeting . A motion was made by Councilman Hughes to approve the report going to State, seconded by Councilman Swartz . The vote was as follows : Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor , Councilman Martin - in favor, Councilman Hughes - in favor , and Councilman Simmons -. in favor. This motion carried with all in favor. CONSIDER SOLICITING COMPETITIVE BIDS FOR ALL INSURANCE NOW HELD BY THE CITY OF WYLIE EXCLUDING WORKMAN‘S COMPENSATION, MEDICAL AND LIFE INSURANCE : According to the records, it has been many years since the City went out for bids on the following insurance : Business Auto, Texas Commercial Package , Public officials Liability , Law Enforcement Liability , Contractors Equipment, Electronic Equipment, Accident Policy (Police Reserve) , Accident Policy (Volunteer Fire Department) Blanket Bond, Tax Assessor Bond and Name Schedule Bond. Staff recommends authorizing the soliciting of competitive bids on the above. A motion was made by Councilman Simmons to approve a bid package on all insurance for the City of Wylie, seconded by Councilman Hughes. The vote was as follows : Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor , Councilman Martin - in favor, Councilman Hughes - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. PAYMENT OF CLAIMS FOR LEGAL SERVICES IN LITIGATION INVOLVING THE CITY OF WYLIE CASE OF ROBERT RUSSELL WALKER, CITY OF WYL3t V. CNOYA A1P ANb t'HOYA TAPP V. CITY OF WYLIE: This payment of claims is from Boyd, Veigel , Attorneys at Law and is in the amount of $4 ,755 . 82 . A motion was made by Councilman Simmons to approve payment claim in the amount of $4 ,755. 82 , seconded by Councilman Martin. The vote was as follows : Mayor Pro Tem Davis - in favor, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor, and Councilman Simmons - in favor . This motion carried with all in favor. CITIZEN PARTICIPATION: Mayor Pro Tem Davis requested those who has signed up, as their names were called to come forward and state their name and address for the records, keep their comments within five minutes. June Baugh - Jackson Street - thanked the Council for all the work that has been done in the last few months. Mayor Pro Tem Davis recessed the open meeting and convened Council into Executive Session at 8 :40 P.M. under the Authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "e" - discuss and accept reports from City Attorney on Choya Tapp V. City of Wylie, City of Wylie V. Choya Tapp and restraining order served on City of Wylie reference Southfork Mobile Home Park. Mayor Pro Tem Davis reconvened the Council into open session at 9 :15 P.M. A motion was made by Councilman Simmons to continue the lawsuites of Choya Tapp V. City of Wylie, City of Wylie V. Choya Tapp and City of Wylie V. Southfork Mobile Home Park, seconded by Councilman Hughes. The vote was as follows: Mayor Pro Tem Davis - in favor, Councilman Swartz - against, Councilman Martin - in favor , Councilman Hughes - in favor, and Councilman Simmons - in favor . This motion carried with four in favor and one against. There being no other matters of business for discussion, a motion was made to adjourn with all in favor. Jay Davis, Mayor Pro Tem ATTEST' Carolyn Jones, City Secretary MEMORANDUM DATE: August 7 , 1991 TO: City Council f FROM: Bill Dashner , City Manage RE: Conduct a Public Hearing for the Purpose of Discussing and Considering Proposed Ordinance From the Planning and Zoning Commission on Landscape Regulations for All Future Commerical Type Development Attached is a proposed landscape ordinance that has been studied by the Planning and Zoning Commission for the last year or so . Also attached to the proposed ordinance is rationale from the Planning and Zoning Commission and the City Staff which stipulates the need for such an ordinance. If the City Council decides this proposed ordinance is acceptable the City Attorney will draft a detailed ordinance for City Council approval at a later date . Attachments 7 MEMORANDUM TO: BILL DASHNER, CITY MANAGER FROM: RICK HERZBERGER, BUILDING OFFICIAL DATE: AUGUST 6 , 1991 SUBJECT: CITY COUNCIL AGENDA - AUGUST 13 , 1991 The Planning and Zoning Commission, on Monday 5 , 1991 , approved for recommendation to the City Council , the attached Landscape Ordinance. The Public Hearing for this ordinance has already been scheduled , for August 13 , 1991 . I have also attached a brief history of the Planning and Zoning Commission' s work on this Landscape Ordinance , in preparation for the City Council ' s approval , as well as a brief comment on the purpose of adoption and implementing a Landscape Ordinance. As the City of Wylie continues to grow , and we begin to utilize the Landscape Ordinance, changes or additions will be warranted, in order to reflect new development trends , technology, terminology or techniques . I feel that this final ordinance will give the Code Enforcement Department the beginning means to accomplish the intent of a Landscape Ordinance as related to the City of Wylie . cc: Paul D. Beaver, Director of Planning & Engineering Carolyn Jones , City Secretary Sr LANDSCAPE ORDINANCE PAST PLANNING & ZONING AND COMMENTS PER MINUTES A. COMMENTS ON LANDSCAPE ORDINANCE FROM FEBRUARY 18 , 1991 : --- "DOWNTOWN" area needs defining . - Jennings --- Word "existing" along with downtown needs defining . - Flint ( no clear-up of what is downtown area, P&Z should address ) --- PD district are exempt . - Richie --- Schools and Municipal Complex ' s included, and courtyards would count as half of required lot landscaping , probably back area . Also should a tree be an optional item? - Woods --- Code to enforce ordinance and Municipal Judge set fines . - Richie --- New building plan submittal . - Jennings --- Bradford Pear needs adding , change prohibited to non recommend on trees . - Flint --- Chamber of Commerce to evaluate . - Peddicord B. COMMENTS ON MARCH 4, 1991 --- Chambers reaction still requested by Bart before council submittal . --- Tree requirement still questioned. - Woods and Fournier --- Possible use of block numbers of street to determine downtown . - Flint --- Downtown area wording excluded, suggestion by Richie. C. March 18 , 1991 --- Minutes show no comments on landscape ordinance or Public Hearing scheduling proposal for April 1 , 1991 D. April 15, 1991 --- No discussion E. May 6, 1991 --- Public hearing - Code Enforcement asked that further discussion be conducted to define enforcement parameters . F. June 17 , 1991 --- Section II A - Recommended change of "single dwellings" to Single Family dwelling . - Jennings --- Approval to delete introductory paragraph under II B, since this statement was already made in Section II A. - All Members --- Approval to delete, in section III A paragraph (1) . The " drive through window " screening requirement . - Peddicord. G. August 5, 1991 --- Public Hearing . . . Clerical errors corrected on ordinance proposal . --- Section IV B (3) added " or portion thereof " to further define the landscape area . - J . Ault --- Section II Added a "C" paragraph to allow the Building Official more discretion in exempting certain areas from the ordinance application, due to some non-conforming structures in the downtown area, or in some existing Business Parks . - All Members BUILDING OFFICIAL STATEMENT: The specific purposes of screening and landscape standards are as follows : (1) Aid in stabilizing the environments ecological balance by contributing to the processes of air purification oxygen, regeneration, ground water recharge and retardation of storm water runoff . ( 2 ) Aid in abatement of noise, glare, heat and dust . ( 3) Promote energy conservation and personal comfort by maximizing the cooling effects of vegetation. ( 4) Help delineate separation of space and activities , thereby reducing visual and functional conflicts between land uses and activity areas associated with a site . ( 5) Enhance community appearance, identity and unique natural beauty . ( 6) Create visual interest , variety and harmony and provide contrast and relief form the built up environment . ( 7 ) Protect and enhance property values . (8) Establish the minimum landscaping and screening standards and criteria that are necessary to achieve the desired quality of life described by the purpose set forth above . I strongly believe that the attached Landscape Ordinance will enable the Code Enforcement Department to help accomplish the above mentioned standards . /0 LANDSCAPING ORDINANCE PROPOSAL I . INTENT The requirements established herein for the installation and maintenance of landscaping and screening are deemed necessary by the City Council to protect and enhance the community's environmental , economic and asthetic quality , thereby contributing to the overall objective of promoting the public health, safety and general welfare. II . APPLICATION A. This ordinance applies to all buildings and use of land except single family dwellings and agricultural buildings when an application for a building permit is made for the following construction: (1) New Construction ( 2 ) Business renovations on an existing structure, valued at over $5 ,000 . 00 or additions of 800 square feet or more to the structure. B. This ordinance also applies to existing properties that are not subject to building permit requirements , when there is a substantial change in the distinguishing traits or primary features of the use of the building or land , as evidenced by increased parking requirements or a change in occupancy classification. C. Thi3. ordinance does not apply to existing lots that do not contain the required minimum lot area as defined in Section III B ( 1 ) or are located in the downtown area as determined by the Building Official . III . LANDSCAPING AND SCREENING REQUIREMENTS A. Screening Requirements : (1) Walls , fences , landscaping or other screening devices , are required for screening of activities including mechanical equipment , refuse areas , adjacent developments , service bays , parking and maneuvering areas and outdoor storage, from adjacent property and public streets . ( 2 ) All required screening devices shall be architecturally compatible with the materials and design of the site development . ( 3 ) Outdoor storage areas shall be screened from the public street to a height of at least six ( 6) feet . ( 4) Outside display of merchandise adjacent to the required front yard shall be screened to a height of at least three (3) feet . (5) Primary refuse storage containers (dumpsters) for all non-residential and multi family uses shall be screened on three sides by the construction of • masonry walls or decorative chain link fencing. An opening shall be provided on the fourth side for access , with a minimum width of twelve ( 12) feet and enclosed with a gate. Design specifications for dumpster pads are detailed in ordinance 87-56 (B) LANDSCAPING REQUIREMENTS: (1) Every lot shall provide a minimum of 5% of the lot area to be utilized for landscaping . A minimum of one-half of the required landscaping area shall be located in the front yard. Required landscaping area shall not include driveways , paved walks . or right-of-ways or easements for streets or alleys where a fence or wall is required by ordinance . The fence or wall may be located within the required landscaping area . ( 2 ) Visibility requirements - on any corner lot , all landscaping, whether or not required by this ordinance , shall be designed and maintained so that it shall not obstruct the vision of a motor vehicle driver approaching any street , alley or driveway intersection. •,., When a driveway intersects a public right of way, all landscaping within the triangular area described below shall provide unobstructed cross visibility at a level between thirty (30 ) inches and nine ( 9) feet above the street grade level . The visibility triangles shall be determined by projecting a line fifteen feet along the street right of way and fifteen feet along the internal driveway and connecting the ends of the two lines . ( 3) All required landscape areas shall consist of a combination of trees , grass , shrubs , ground cover and other live plant material such as those contained in the recommended plant list . The Combination shall consist or at least one (1 ) tree, ten feet ( 10 ' ) tall , or two ( 2 ) trees not less than two inches ( 2" ) in diameter , for each one thousand (1 ,000) square feet or portion thereof ,of the required landscape area. �o� RECOMMENDED PLANT LIST LARGE TREES SMALL TREES PECAN YAUPON HOLLIES RED OAK CREPE MYRTLE BURR OAK WAX MYRTLE WATER OAK CHERRY LAUREL SOUTHERN MAGNOLIA RED BUD LIVE OAK JAPANESE BLACK PINE BALD CYPRESS CEDAR ELM BRADFORD PEAR EVERGREEN SHRUBS GROUND COVER RED TIP PHOTINIA ASIAN JASMINE BURFORD HOLLY HONEYSUCKLE NELLIE R. STEVENS ENGLISH IVY CHINESE HOLLY BOSTON IVY YAUPON HOLLY LIRIOPE CLEARRA MONKEY GRASS NANDINNIA VIRGINIA CREEPER DWARF CREPE MYRTLE VINCA JAPANESE LIGUSTRUM MONDO GRASS WAXLEAF LIGUSTRUM OPHIA POGON ABELIA ELAEAGNUS JUNIPERS PURPLE SAGE BARBERRY PROHIBITED TREES SILVER MAPLE HACKBERRY GREEN ASH ARIZONA ASH MULBERRY COTTONWOOD MIMMOSA SYBERIAN ELM AMERICAN ELM WILLOW SYCAMORE (4) All plants material shall be maintained at all times in a living and growing condition. (5) Adjacent right of way shall be properly maintained, but shall not be included in the required landscape area. MEMORANDUM DATE: August 6, 1991 TO: City Council FROM: Bill Dashner , City Manage RE: Discuss and Consider Formal Dedication of Brown Street and McCreary Road Commissioner Jerry Hoagland and the City have called for the official dedication of Brown Street and McCreary Road on August 21, 1991 at 9: 00 A.M. at the intersection of Brown Street and Ballard . Please plan to attend these ceremonies . w. /5Z MEMORANDUM DATE: August 1, 1991 TO: City Council FROM: Bill Dashner , City Manage L RE: Discuss and Consider Adoption Schedule of FY-92 City Of Wylie Budget As Recommended by the City Manager All City Council members are requested to bring their FY-92 Budget Documents that were presented to you on August 5, 1991 . MEMO R A N D U M DATE: August 7 , 1991 TO: City Council FROM: Bill Dashner , City Manag RE: Discuss and Consider Financial Report from City Auction Held on August 6 , 1991 An auction was held on August 6, 1991 to dispose of City property no longer needed by the City. Gross sales amounted to $11, 115 .50 . r'\ �. Y + i c\'\ f‘fi � U r� j ,11,J 7� • • • /, MEMORANDUM DATE: August 1, 1991 TO: City Council /64441 FROM: Bill Dashner , City Manage RE: Discuss and Consider Financial Report from the Park And Recreation Department on Community Park Through July, the City of Wylie Park and Recreation Department has generated, in all fees and charges at the Park, a total of $10 ,342 . 81 . Attachment ww / 7 MEMORANDUM DATE: July 30,1991 TO: Bill Dashner , City Manager FROM: Bill Nelson, Park and Recreation Director 8)J RE: Community Park Monies Received Field Fees - March through July, 1991 W.S.A. - Youth Soccer - Spring Season $ 588 .00 Youth Softball - Spring/Summer Season 1 , 306 .00 Adult Softball - Spring/Summer Season 664 .00 Country Place League - Adult Softball Spring/Summer Season 28 .00 Sanden League - Adult Softball Spring/Summer Season 50 .00 $ 2 ,636 .00 Tournament Fees - April through July, 1991 W.S.A. - All Ages $ 190.00 Chamber of Commerce - Adult 50 .00 Rudy Rowell - Adult 100 .00 $ 340 .00 Light Fees - April through July, 1991 W.S .A. - All Ages $ 1, 827 .00 Concession Stand - April through July, 1991 City' s Share (21% of Gross Sales less Sales Tax) $ 5 ,539 . 81 (5, 539 . 81 divided by 85 days open = $65.17 a day) TOTAL ALL FEES AND CONCESSIONS $10,342 .81 d MEMORANDUM DATE: August 1 , 1991 TO: City Council FROM: Bill Dashner , City Manage "'••••• RE: Discuss and Consider Development Corporation of Wylie, Inc . ' s Semi-annual Report to the City Council Attached is the semi-annual report prepared by the Wylie Development Corporation to the City Council in compliance with the bylaws. Attachment tr\%''\°. , c-,0' ) ( ." 1,4 Pr\r\ () r? (V , -4, , , 1 (iv/ \\)\)J Ni\n i , G ,„ n r i) 0r / )11 \, ti V s' � 4 ‘'.\ . <-\'' ' ,\,, V N , 1' , (r�,J(Jv \VS )c$ 4 CY )) ' i 1\‘‘),J/1 ‘ '' ' ) (.1 Vi Vii\ \ k\Y V Yi j: ICY))' " \\*y' c r. *1 K )1 V \)-i •\, 1\\ 9 MEMORANDUM DATE: July 30 , 1991 TO: City Council FROM: Development Corporation of Wylie, Inc . Jim Smith, President RE: Semi-Annual Report Since the organizational meeting on December 10 , 1990 and through June 30, 1991 the Development Corporation of Wylie has received $151 , 989 .91 of tax money and $2 ,382 .21 in interest . This money has been disbursed as follows : Rent $ 300 .00 Return of overpayment to City 452 .17 Chamber of Commerce (Printing Cost) 5,000.00 City of Wylie (Reimburse Legal Expenses) 894 .37 Insurance 1 ,669 .00 Equipment and Supplies 274 .10 $8 ,589 .64 Six monthly meetings have been held where there have been numerous discussions centering around goals and objectives of the City, the Schools, and the Chamber of Commerce and how the Development Corporation of Wylie can fit into these plans . We have had a formal request for financial assistance from AQUA MANAGEMENT ASSOCIATION. This was a highly speculative business venture with the principals having no previous experience. The proposal was received and the board elected to not participate. We have also been involved with the possible sale of the Johnston Building. We have worked with two prospective buyers . Zoning the property has been and will be a major problem for most prospects. We have worked with the Chamber of Commerce in an attempt to influence Lone Star Circuits to reconsider their move to Rockwall . At present we are involved in developing our 1992 Budget and our Economic Development Plan as outlined in our bylaws . The Budget will be submitted by July 31 , 1991 . The Development Plan will be completed for approval at the October meeting . MEMORANDUM DATE: August 6, 1991 TO: City Council FROM: Bill Dashner , City Manage a RE: Discuss and Consider ity of Wylie' s Formal Opposition To East Fork Water Supply Corporation Converting to a Special Utility District by Petition to Texas Water Commission w. k , „ l 9 /7' 4/1 , i v,,) :,\Air f ,t) i i (\ti,„ I I/ vj , . \..i .,), ^ I rr 9� ))\ \\\ i ;, \s„, \.,' (1, (y t\ . t.,, v, r, f '01T''' jt) I 4 0.1 ef`"�� _ ee eye, CITY OP' VVYLIB 2000 HWY. 78N. -P.O. BOX 428 /olio WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 1111:) August 7 , 1991 Clerk' s Office Texas Water Commission P. O. Box 13087 Capitol Station Austin , Texas 78767 Re: East Fork Water Supply Corporation - Petition for Conversion to Special Utility District To Whom This May Concern : The City of Wylie has received the application concerning the above referenced conversion and acknowledges that the said proposed SUD embraces a portion of the boundaries of the City of Wylie or its extraterritorial jurisdiction . I ' ve spoken with Lutcher B. Simmons and he advises me that he has made your office aware of the service of the 'Application Papers ' on the City of Wylie . Therefore I assume the Commission would provide the City with notice of any further proceedings concerning the subject application . I am also advised by Mr . Simmons that his office, or at least someone on behalf of the applicant will provide the City with notice of any further proceedings, I fully trust Mr . Simmons representations in this regard . However , to protect the record and avoid any misunderstandings I 'm formally requesting that the City receive notice of any further proceedings had in the above referenced matter pursuant to Section 65 .019 of the Texas Water Code. If you have any questions or concerns pertaining to this request pleas do n• hesitate to contact me. Thank you in advance/for our a :ration herein . Since a rs, off L., S ven . D:eAer / C ty A for r cc: Bill Dashner , City Manager ' Lutcher B. Simmons riplete CITY OP' VATYLIIC 2000 HWY.78N. -P.O. BOX 429 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor August 6, 1991 Texas Water Commission Jay Davis P. 0. Box 13087, Capitol Station MayorPro-Tem Austin , Texas 78767 Att : Water Utilities Division Creations and Bond Review Jim Swartz Unit District Section City Council Re: Petition of East Fork Water Supply Corporation for Conversion to a Special Utility District William Martin City Council Gentlemen, On behalf of the Wylie City Council I have been instructed to notify the Texas Water Commission and indicate the City Don Hughes of Wylie' s opposition on the petition of East Fork Water City Council Supply Corporation for conversion to a special utility district . Accordingly, the City of Wylie will submit in writing oi' in person our strong opposition to the petition that has been filed . We will not consent to this action and would request notification when this petition is to be Ortie Messenger heard . City Council incerely, f - Percy Simmons Bill Dashner _� City Council City Manager cc: Wylie City Council Wylie City Attorney Bill Dashner City Manager �2 MEMORANDD M DATE: August 1, 1991 TO: City Council FROM: Bill Dashner, City Manage 400. RE: Discuss and Consider Amending Development Corporation of Wylie, Inc. Bylaws About a year ago the City Council approved the bylaws for the Wylie Development Corporation, Inc. The bylaws that were approved by the City Council inadvertently left out duties of the Secretary. Therefore, the Wylie Development Corporation is recommending that the City Council amend the adopted bylaws to include a Section 5 . 06 Duties of the Secretary. Attachment 5 .06 SECRETARY The Secretary shall keep or cause to be kept , at the registered office a record of the minutes of all meetings of the Board and of any committees of the Board . The Secretary shall also file a copy of said Minutes with the City and the same to be given , in accordance with the provisions of these Bylaws, or as required by the Texas Open Meetings Act or the Texas Open Records Act or other applicable law. The Secretary shall be custodian of the corporate records and seal of the Corporation , and shall keep a register of the mailing address and street address , if different, of each director . �S� MEMORANDUM DATE: August 1, 1991 TO: City Council FROM: Bill Dashner , City Manage RE: Discuss and Consider Adoption of an Ordinance Allowing "Restricted Prior Service Credit" to Employees Who Have Had Service With Texas Cities Who Are Not Members of the Texas Municipal Retirement System. This ordinance will allow City employees who have prior service with a non-member city to transfer their service credit to the TMRS system with time only credited. There is no money involved and thus , will not cost the City in terms of an increased contribution rate. Attachment 1. N= TMRS-PSC/Restricted ')N (6-1991) TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR TEXAS CITIES FOR WHICH SUCH EMPLOYEES HAVE NOT RECEIVED CREDITED SERVICE; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Authorization of Restricted Prior Service Credit. (a) On the terms and conditions set out in Section 853.305 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who is now or who hereafter becomes an employee of this City shall receive restricted prior service credit for service previously performed as an employee of any incorporated city or town in this state and for which the person has not otherwise received credited service in the System. The service credit hereby granted may be used only to satisfy length-of-service requirements for retirement eligibility, has no monetary value in computing the annuity payments allowable to the member, and may not be used in other computations, including computation of Updated Service Credits. (b) A member seeking to establish restricted prior service credit under this ordinance must take the action required under said Section 853.305 while still an employee of this City. Section 2, Effective Date. This ordinance shall be and become effective on the 1st day of , 19_ Passed and approved this the day of , 19 ATTEST: APPROVED: City Secretary or Clerk Mayor • MEMORANDUM DATE: August 6, 1991 TO: City Council FROM: Bill Dashner , City Manage 101 RE: Discuss and Consider Jones & Neuse Pay Estimate, Invoice No . 03-028901-029 , June 1991 Services , Landfill Closure Attached is the June invoice from Jones & Neuse in the amount of $5,278 .79 for work on the landfill closure. The newly revised $58 , 100 Phase II H contract is now 88% complete by $51, 387 .51 dollar amount billed to date. All new monitoring wells are in place . Samples have been taken and test results have been analyzed by the Consultants and the Final Report completed . The State Health Department is now reviewing the Final Report and comments are expected in the near future. Payment is recommended . MA cp • )ONES AND NEUSE, INC. July 15, 1991 Invoice No. 03-028901-029 11811 IH-10 East, Suite 275 Houston, Texas 77029 713-450-1882 • Phase I P.O. No. 013510 Paul Beaver City Engineer • City of Wylie - P.O. Box 428 Wylie, TX 75098 PM146 Period of Service: June 1, 1991 through June 30, 1991 Project management, survey wells and measure ground-water elevations, prepare draft report, prepare final report, attend City Council meeting and consult with city officials and TDH personnel. Labor No Labor Costs Incurred This Billing Period Expenses Task 2 - Phase II H Labor Ed Perdue 6.000 hr @ $ 40. 00/hr = 240.00 D.J. Pepe 6.000 hr @ $ 45.00/hr = 270.00 Hung Phi 2 .000 hr @ $ 40.00/hr = 80.00 John D. Buchanan 15.250 hr @ $ 85. 00/hr = 1296.25 Laura J. McBryde 6. 500 hr @ $ 30. 00/hr = 195.00 Jessie L. Muller 2.750 hr @ $ 30. 00/hr = 82.50 Larry J. Hutchison 6.000 hr @ $ 40. 00/hr = 240.00 Bobbie L. Young 13 . 500 hr @ $ 30.00/hr = 405.00 . Kevin R. Henningan 19.000 hr @ $ 65.00/hr = 1235.00 John C. Thomas .! .. 3 .500 hr @ $ 80. 00/hr = 280.00 Robert L. McCollom, Jr. 1.750 hr @ $100. 00/hr = 175.00 Ronald W. Spencer 3 . 000 hr @ $ 45.00/hr = 135.00 Peter B. Stokes 4 . 000 hr @ $ 50.00/hr = 200.00 Ted Harriger 1.000 hr @ $ 80. 00/hr = 80.00 4913.75 Expenses Equip. Rental/Purchase 34.25 Overnic/ht Courier 39. 10 Long Distance Calls 2.07 Telefaxing 46.00 Airfare/Car Rental 535.41 Personal Car Mileage 8.05 Lodging 128.65 Meals 3 .77 • 797.30 Task 3 - LANDFILL Labor No Labor Costs Incurred This Billing Period TERMS:Net cash,due on receipt of invoice.Payable in Houston,Harris County,Texas A.1/MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT. Expenses Long Distance Calls 6.74 Telefaxing 11.00 • 17.74 Amount Due This Invoice $ 5728.79 Budget Estimate • 113500.00 Total Billed To Date J )ONES AND NEUSE, INC. July 15, 1991 Invoice No. 03-028901-029 11811 IH-10 East, Suite 275 Houston, Texas 77029 713-450-1882 Phase I P.O. No. 013510 Paul Beaver City Engineer • City of Wylie P.O. Box 428 Wylie, TX 75098 PM146 Period of Service: June 1, 1991 through June 30, 1991 Project management, survey wells and measure ground-water elevations, prepare draft report, prepare final report, attend City Council meeting and consult with city officials and TDH personnel. Labor No Labor Costs Incurred This Billing Period M q Expenses Task 2 - Phase II H Labor Ed Perdue 6.000 hr @ $ 40. 00/hr = 240.00 D.J. Pepe 6. 000 hr @ $ 45.00/hr = 270.00 Hung Phi 2.000 hr @ $ 40.00/hr = 80.00 John D. Buchanan 15.250 hr @ $ 85.00/hr = 1296.25 Laura J. McBryde 6. 500 hr @ $ 30. 00/hr = 195.00 Jessie L. Muller 2 .750 hr @ $ 30. 00/hr = 82.50 Larry J. Hutchison 6.000 hr @ $ 40.00/hr = 240.00 Bobbie L. Young 13 . 500 hr @ $ 30. 00/hr = 405.00 Kevin R. Henningan 19. 000 hr @ $ 65. 00/hr = 1235.00 John C. Thomas 3 .500 hr @ $ 80. 00/hr = 280.00 Robert L. McCollom, Jr. 1.750 hr @ $100. 00/hr = 175.00 Ronald W. Spencer 3 . 000 hr @ $ 45.00/hr = 135.00 Peter B. Stokes 4. 000 hr @ $ 50. 00/hr = 200.00 Ted Harriger 1. 000 hr @ $ 80.00/hr = 80.00 4913 .75 Expenses Equip: Rental/Purchase 34.25 Overnight Courier 39. 10 Long Distance Calls 2.07 Telefaxing 46.00 Airfare/Car Rental 535.41 Personal Car Mileage 8.05 Lodging 128.65 Meals 3 .77 • 797.30 Task 3 - LANDFILL Labor No Labor Costs Incurred This Billing Period TERMS:Net cash,due on receipt of invoice.Payable in Houston,Harris County,Texas A 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT. MEMORANDUM DATE: August 6 , 1991 TO: City Council FROM: Bill Dashner , City Manag 0101""> RE: Discuss and Consider Jones & Neuse Pay Estimate, Invoice No . 03-028902-012 , June 1991 Services , Wylie Service Center Attached is the June invoice from Jones & Neuse in the amount of $2 ,625 .57 for work on the Wylie Service Center investigation . This $38 ,206 .31 total amount billed to date exceeds the $38, 150 contract amount by $56 .31 . Since the approved contract amount has been met , the recommended payment amount at this time is $2,569 .26 . The new monitoring well is in place, the test results have been evaluated by the Consultant , and final report prepared . The Texas Water Commission is currently reviewing the final report and their comments are expected in the near future . Payment is recommended . A � July 15, 1991 Invoice No. 03-028902-012 JONES AND NEUSE, INC. J11811 IH-10 East, Suite 275 • Wylie Service Center Houston, Texas 77029 713-450-1882 • Mr. Paul Bearer Finance Director • City of Wylie 2000 Hwy 78N Wylie, TX 75098 • PM146 Period of Service: June 1, 1991 through June 30, 1991 Evaluation of data, preparation of draft and final reports. Task 1 - Labor Env Specialist VI 24 .250 hr @ $ 85.00/hr = 2061.25 Geologist V 1.000 hr @ $ 80.00/hr = 80.00 Technician VII 3.000 hr @ $ 45.00/hr = 135.00 Technician V 2. 000 hr @ $ 40.00/hr = 80.00 Clerk III 6. 500 hr @ $ 30.00/hr = 195.00 2551.25 • Expenses Reproduction 69.20 Telecommunications 4.63 73.83 Labor No Labor Costs Incurred This Billing Period Expenses *.. Task 3 - Installati Labor No Labor Costs Incurred This Billing Period Expenses Telecommunications .49 .49 Amount Due This Invoice $ 2625.57 Budget Estimate 39340.00 Total Billed To Date Including This Invoice 38206. 31 Remaining 1133.69 PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS. AFTER 30 DAYS, INTEREST OF 1% PER MONTH WILL BE APPLIED TO AMOUNT DUE. TERMS:Net cash,due on receipt of invoice.Payable in Houston,Harris County,Texas A 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT. MEMORANDUM DATE: August 6, 1991 TO: City Council 101444 . FROM: Bill Dashner, City Manag RE: Discuss and Consider E.L. Dalton Final Pay Estimate #7, Newport Harbor Sanitary Sewer Project and Accept Project as Complete and Activate Maintenance Bond For One Year Attached is the E.L. Dalton final pay request #7 in the amount of $36,987.77 , which includes the release of all previously held retainage. The total final amount of work accomplished by revised contract is $319,731 .53 . The Consulting Engineer , the City Inspector and myself have conducted a final inspection of the facilities and payment is recommended . On August 5 , 1991 the facilities were also inspected by the Texas Water Commission with City staff in attendance. The TWC also accepts the project as complete and "pump and haul" eliminated. These facilities are recommended for acceptance by the City of Wylie and activation of the contractor' s one year maintenance bond beginning August 14 , 1991 . Also attached is the coatractor ' s Affidavit and Waiver of Lien for the Newport Harbor Estates Sanitary Sewer Improvements project . CONSTRUCTION ESTIMATE OWNER: City of Wylie, Texas ESTIMATE NO: 7 & Final PAGE: 1 PROJECT: Newport Harbor Estates CONTRACT DATE: November 27, 1990 Sanitary Sewer Improvements ORIGINAL CONTRACT AMOUNT: $ 294,190.00 REVISED FROM: June 26, 1991 TO: July 25, 1991 CONTRACT AMOUNT: $ 319,731.53 CONTRACTOR: E. L. Dalton & Company, Inc. CONSTRUCTION TIME: Calendar Days ' •ADDRESS: 2351 West N.W. Highway, Suite 3320 Dallas, Texas 75220 ALLOTTED: 157 USED: 184 ********************************************************************************************** Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount ********************************************************************************************** BASE BID 1 8" Sani. Sewer (Gravity Pipe) w/Type II Embedment L.F. 1,505 1,505 18.50 27,842.50 2 8" Sani. Sewer (Pressure Pipe) w/Type I Embedment, L.F. 2,318 2,318 22.75 52,734.50 3 8" Sani. Sewer by other than Open Cut, w/Pressure Grout L.F. 318 318 55.00 17,490.00 4 4.0' Dia. Standard S.S. Manhole Ea. 5 5 1,690.00 8,450.00 5 4.0' Dia Type "S" Sani Sewer MH Ea. 4 4 2,200.00 8,800.00 6 Connect to Exist Sani Sewer MH Ea. 2 2 350.00 700.00 1 Remove & Replace Existing Reinforced Concrete Pavement S.Y. 39 39 30.00 1,170.00 8 Saw Cut Exist Reirrf., Conc Pvmt L.F. 58 58 3.00 174.00 9 Cement Stabilized Backfill C.Y. 53 53 40.00 2,120.00 10 2" Combination Sewage Air and Vacuum Release Valve Ea. 2 2 3,100.00 6,200.00 11 Remove & Replace Rock or Gravel Road or Drive L.F. 45 45 8.00 360.00 12 Extra Crushed Stone for Embed. C.Y. 20 20 25.00 500.00 13 Trench Safety Systems L.F. 3,823 3,823 0.30 1,146.90 14 DELETED (C.O. #1) 0 0 0.00 0.00 CONSTRUCTION ESTIMATE OWNER: City of Wylie, Texas ESTIMATE NO: 7 & Final PAGE: 2 PROJECT: Newport Harbor Estates CONTRACT DATE: November 27, 1990 Sanitary Sewer Improvements ORIGINAL CONTRACT AMOUNT: $ 294,190.00 REVISED - FROM: June 26, 1991 TO: July 25, 1991 CONTRACT AMOUNT: $ 319,731.53 CONTRACTOR: E. L. Dalton & Company, Inc. CONSTRUCTION TIME: Calendar Days , ADDRESS: 2351 West N.W. Highway, Suite 3320 Dallas, Texas 75220 ALLOTTED: 157 USED: 184 ********************************************************************************************** Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount ********************************************************************************************** CHANGE ORDER NO. 1A 15 Extra Depth 4.0' Dia. Type "S" Sanitary Sewer Manhole V.F. 4 .4 78.78 315.12 CHANGE ORDER NO. 2 16 Underground 3 Phase Power Cond. L.S. 1 1 9,145.00 9,145.00 SUBTOTAL: BASE BID 137,148.02 ALTERNATE "A" lA 6" Force Main w/Type I Embed. L.F. 6,917 6,917 17.20 118,972.40 2A 6" Force Main, by other than Open Cut, w/Pressure Grout L.F. 40 40 55.00 2,200.00 3A 6" Force Main in 12" Steel Encase Pipe other than Open Cut L.F. 70 70 79.50 5,565.00 4A Newport Harbor Estates Lift Station, for Alternate "A" L.S. 1 1 46,500.00 46,500.00 M M 5A Trench Safety Systems L.F. 6,917 6,917 0.30 2,075.10 CHANGE ORDER NO. lA 6A Pig Launcher Assembly L.S. 1 1 4,220.10 4,220.10 7A Crushed Stone Access Road S.Y. 311 311 9.81 3,050.91 SUBTOTAL: ALTERNATE "A" 182,583.51 Prepared and Submitted by: SHIMEK, JACOBS & FINKLEA Total Amount $ 319,731.53 Consulting gineers, Dallas, Texas . (2A745 �� Less Amount Retained $ 0.00 By Joe R Carter, P.E. Total Amount Payable $ 319,731.53 Date July 29 , 19 91 Approved for Owner Less Previous Payments $ 282,743.76 By a Amount Due This Estimate $ 36,987.77 Date , 19 • ---� AFFIDAVIT AND WAIVER OF LIEN STATE: TEXAS COUNTY OF: DALLAS Donald E. Smith of E. L. Dalton & Company, Inc. ,being duly sworn, says that he is the President of E. L. Dalton & Company, Inc. , hereinafter referred to as the"Company", and is familiar with the facts herein stated. That said Company performed work and labor and/or furnished materials for use, in the construction of certain work known as Newport Harbor Estates Sanitary Sewer Improvements owned by City of Wylie, Texas That said Company has paid not less than the general prevailing rate of wages in accordance with the established minimum in the contract. That said Company has fully paid for all of said work, labor, material, machinery and equipment furnished by it or by its subcontractors or materialmen upon said premises,or furnished therefor. And further,he represents that no other person or party has any right to a lien on account of any work performed or material furnished to said Company. •w,A By: Donald E. Smith Title: President Sworn to before me and subscribed in my presence this 1st of August ,19 91 #," -eAr.4k•rt Signature Dorothy Tillman Printed Name Notary Public, in and for the State of Texas Commission Expires: April 30, 1993 MEMORANDUM DATE: August 1, 1991 TO: City Council FROM: Bill Dashner, City Manag Z., RE: Discuss and Consider Proposed Contracts Between the City of Wylie and the City of Murphy on Sewage Treatment for that City and Transmission Fees to be Charged Murphy on Transmission of Sewage in City Line. (Discussion only - no action requested) Attached are two (2) proposed contracts to be executed between the City of Wylie and the City of Murphy, one on sewage treatment and one on sewage transmission . On the sewage treatment plant the City of Wylie will make from $11 ,690 a year to $95 ,812 per year depending on the usage. On the transmission fee the City of Wylie will make between $1,642 and $16 ,420 per year depending on the usage. Attachment pP ate . 1) L� // q)D k • • �7 MEMORANDUM DATE: March 14 , 1991 TO: City Council FROM: Bill Dashner , City Manager 444A RE: Discuss and Consider First Draft of a Contract Between the City of Wylie/City of Murphy/North Texas Municipal Water District to Treat City of Murphy Sewage Attached is a preliminary contract that will allow the City of Wylie to handle all of the City of Murphy' s sewage. This is a not to exceed 250 ,000 gallons per day contract . The City of Wylie currently has a 1 ,000 ,000 gallon per day access capacity. The City of Murphy would tie on to the City' s transmission line. The City would charge Murphy over and above treatment cost where the City would see a reasonably and equitable profit margin . This contract is for discussion purposes only at this point . The City will make in profit from $11 , 690 to $95 ,812 per year depending on the flow from 25,000 gallons per day to 250 , 000 per day. i • ed • NORTH TEXAS MUNICIPAL WATER DISTRICT P.O.DRAWER C WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY PHONE NO.442-5405 March 5, 1991 Mr. Bill Dashner City Manager City of Wylie P. 0. Box 428 Wylie , Texas 75098 RE: Murphy - Wylie Wastewater Treatment Contract Dear Bill : Enclosed is my first draft of a contract that could be used between the City of Wylie , City of Murphy , and NTMWD for Waste- water Treatment Services. I believe this contract does contain the provisions we have previously discussed . Please review the document from your perspective and if it does contain the provisions we discussed , I will forward it on to the City of Murphy for consideration . At that time you could forward the document to the Wylie City Council and a determination could then be made as to whether a group needs to meet for further discussions of the contract before approval . Of course it will be necessary to prepare an agreement for the use of the Wylie Collection System for transporting Murphy ' s flow to the plant . We can discuss these matters in more detail later . Please contact my office as soon as you have the opportunity to review the contract and we will make whatever arrangements necessary for further discussion . Sincerel CARL W. RIEHN Executive Director CWR:md Encl . ANALYSIS OF WYLIE - MURPHY CONTRACT FINANCIAL EFFECTS Unknown flows and unexpected unbudgeted expense can make projections difficult but based on reasonable assumptions projections can provide data for use in decision making. The following attempts to make such projections . FACTS WYLIE PLANT COST: 1989-90 Expenditures 0 & M $123 ,690 Debt Service 261 .976 TOTAL $385,666 1990-91 Expenditures Proposed 0 & M $159,942 Debt Service 257 .997 TOTAL $417 ,939 Unit cost based on 319 ,481 ,000 gallons annual flow 1989-90 $1 .21/000 1990-91 $1 . 31/000 (319 ,481 ,000 was actual Wylie flow 1989-90 year) 0 & M DEBT SERVICE TOTAL (000) (000) (000) 1989-90 $. 388 .823 $1 . 21 1990-91 $.500 .810 $1 . 31 ASSUMPTIONS A. Wylie flow would remain same as in 1989-90 with 319,481 ,000 gallons annually . B. Murphy in case 1 will flow only minimum of 25,000 gallons per day or 9, 125,000 gallons annually and in case 2 will flow maximum of 250 , 000 gallons per day or 91 , 250 ,000 gallons annually. C. Cost based on 1990-91 proposed budget . D. Additional annual out-of-pocket (variable) cost for chemicals and power to treat Murphy flow has been calculated as $1 ,483 based on 25,000 gallons per day flow (Case 1) and $14 ,839 for 250 ,000 gallons per day flow (Case 2) . EFFECTS CURRENT: Case 1 Plant flow increases to 328,606 ,000 Budget increases to $419 ,422 Unit cost reduces to $1 .28/000 (Reduction of 3 /000) Murphy pays $11 ,680 Wylie pays $407 ,742 Case 2 Plant flow increases to 410 ,731 ,000 Budget increases to $432 ,778 Unit cost reduces to $1 .05/000 (Reduction of 23 /000) Murphy pays $95,812. 50 Wylie pays $336 ,965. 50 MAACII .) , 1 .)0l NORTH TEXAS MUNICIPAL WATER 1)1S'1'RICT CITY OF WYLIE - CITY OF MURPHY SEWAGE TREATMENT SERVICES CONTRACT THE STATE OF TEXAS S THE COUNTY OF COLLIN S WHEREAS , the North Texas Municipal Water District hereinafter referred to as the NTMWD , a conservation and reclamation district , the City of Wylie , a homerule city in Collin County , Texas, and the City of Murphy , a general law city in Collin County , Texas, desire to enter into this agreement ; WHEREAS, the NTMWD is a regional wastewater treatment plant operator that owns and operates the Wylie Wastewater Treatment Plant located in Wylie and the Murphy Wastewater Treatment Plant located in Murphy ; WHEREAS , all of the capacity of two million gallons per day in the Wylie Wastewater Treatment Plant is pledged and contracted to the City of Wylie and the 250 ,000 gallon per day Murphy Waste- water Treatment Plant is totally pledged and contracted to the City of Murphy ; WHEREAS, the Murphy Wastewater Treatment Plant is at design capacity and Murphy desires to contract to place flows above the capacity of the Murphy Wastewater Treatment Plant in the Wylie Wastewater Plant ; f ' 800 ,000 gallons per day of the two million gallons per day avail- able in the Wylie Treatment Plant and is agreeable to the NTMWD contracting with Murphy for a portion of capacity at the Wylie Wastewater Treatment Plant conditioned on Murphy 's willingness to participate with Wylie in a future regional plant when the joint capacities require the construction of additional facil- ities. IT IS THEREFORE CONTRACTED AND AGREED BETWEEN THE THREE PARTIES AS FOLLOWS: SECTION I . Definitions - The terms and expressions used in this contract , unless the contract shows clearly otherwise, shall have meaning as follows: a. Fiscal Year - Fiscal Year means the NTMWD Fiscal Year, currently the year beginning October 1 of each calendar year and ending on September 30 of the following calendar year. A p b. Minimum - The minimum flow for the calculation of the annual payment by the City of Murphy shall be based on a minimum flow of 25 ,000 gallons per day and shall never be less than this amount ; however , the minimum shall increase any year in which Murphy flows greater than 25,000 gallons per day and shall continue at the higher amount from then on but the minimum or allowable average day flow shall never exceed an annual average of 250,000 gallons per day without the express permission of the NTMWD and Wylie. FIRST DRAFT - 2 - March 5, 1991 U . k-oun4 t. ►,li,E; ► uLui e p►.u► Inc murpuy tu►► ieLL1Ug interceptor shall refer to the necessary pipeline from the Murphy Wastewater Treatment Plant to the appropriate Wylie Sewer Collection System Pipeline . It is not the intent of this agreement to provide for the construc- tion or contractual arrangements for service concerning the Murphy connecting interceptor to the Wylie sewer collection system. d. Murphy Wastewater Treatment Plant - The Murphy Wastewater Treatment Plant is to be referred to as the Murphy Plant and is a 250 ,000 gallon per day treatment unit constructed and owned by the NTMWD for use of the City of Murphy under a contract dated December 1976. e. Operation and Maintenance Expense - Operation and mainte- nance expense means all costs and expenses required for the successful treatment of wastewater at the Wylie plant including but not limited to the cost of utilities, cost o,f „personnel , engineering, legal services , supplies, contractual services , insurance premiums , repairs and replacements of equipment , and all debt service and capital expenses pertaining directly to the Wylie plant . f. Wylie Sewer Collection System - The Wylie sewer collec- tion system shall mean the pipelines constructed and owned by the City of Wylie for the collection of sewage that carries the sewage to the Wylie plant . It would - 3 - FIRST DRAFT March 5, 1991 i 1� � interceptor to connect to the Wylie sewer collection system at an agreed point for transportation on to the Wylie Plant Site. g. Wylie Wastewater Treatment Plant - The Wylie wastewater treatment plant referred to as the Wylie Plant is the modified expanded Wylie Plant after being expanded by the NTMWD under a contract with Wylie dated June 1987. The Wylie Plant has a current capacity of two million gallons per day . SECTION 2. Volume Discharge Requirements. Murphy shall have the right to discharge to the Wylie Plant up to a maximum average annual daily flow of 250,000 gallons with a max day flow not to exceed 2.5 times daily average . Murphy shall have the respon- sibility for payment on the basis of a minimum of 25,000 gallons per day commencing on the first day that flow is introduced to the Wylie plant and the minimum shall be escalated based upon the highest annual daily average utilized by Murphy during the wastewater year (August 1 through July 31) . Should Murphy max day flow exceed 2 .5 times daily average of the wastewater year the annual minimum would be increased for the next year and years thereafter based on max day flow divided by 2. 5 to establish "average" day minimum until the actual average day flow exceeds the calculated amount . SECTION 3. Metering and Point of Delivery . Murphy shall be required to build a Murphy connecting interceptor pipeline to the Wylie collection system totally at the expense of Murphy. - 4 - FIRST DRAFT March 5, 1991 NTMWD with a total construction expense provided by Murphy . It shall be the responsibility of the NTMWD to maintain and read the meter which would be utilized by the NTMWD for billing purposes to Murphy and credit to Wylie for services rendered and calculations on quantity flow. Should a disagreement develop over the meter reading either Wylie or Murphy could employ at . their expense an outside consultant to work with the NTMWD and evaluate the accuracy of the meter. If disagreement continues over the meter reading a formal report would be prepared and submitted to the NTMWD Board of Directors whose decision would be final concerning the accuracy of the meter readings. In no case would adjustments be made for a greater period of time than six months . The location of the meter will be the point of delivery for Murphy to the Wylie collection system and all payments and billing for services will be based on this volume. SECTION 4. Discharge Quality. Murphy agrees to limit discharges w w into the Wylie plant system to wastewater that complies with quality requirements the NTMWD finds it necessary from time to time to establish at the Wylie plant in order to meet standards imposed by state and federal regulatory agencies having approp- riate jurisdiction or to protect the treatment capacities of the wastewater treatment plant . Quality restrictions of the NTMWD would be applicable to both Wylie or Murphy. Further, industrial pretreatment requirements of the state and federal authorities must be complied with in Wylie and Murphy to avoid penalties of the regulatory agencies. - 5 - FIRST DRAFT March 5, 1991 SECTION 5. Annual Budget . The NTMWD shall prepare an annual operating budget reflecting all anticipated costs in connection with the operation and maintenance of the Wylie plant in sufficient detail to justify expenditures for salaries , materials, supplies , contractual services , and debt service. The allocation . between Murphy and Wylie shall be submitted in a preliminary proposed annual budget to Wylie and Murphy on or before August 1 each year. If a protest or request for additional information is not presented prior to September 1 the proposed budget , on adoption by the NTMWD Board of Directors , shall be considered the annual budget for the ensuing fiscal year. In the event either city does not agree on the annual budget prior to September 1 a hearing would be held before the NTMWD Board of Directors concerning objections to either the budget or allocation of cost . After hearing all evidence from the parties involved, the NTMWD Board of Directors shall be responsible for the allo- • cation of cost between participants and establishing the budget necessary to pay all of the operation and maintenance expense including debt service on the Wylie plant . SECTION 6. Annual Payments. Wylie is responsible under the contractual agreement between the NTMWD and Wylie for the expan- sion of the Wylie plant dated June 1987 and nothing in this agreement shall relieve Wylie from this responsibility ; however , all payments received from the City of Murphy shall be utilized as a credit from the charges to Wylie . The annual payments - 6 - FIRST DRAFT March 5, 1991 47 shall be based on all operation and maintenance expense of NTMWD, including debt service , on the Wylie plant and shall be made by each city equal to its proportional flow to plant (or in the case of Murphy its contractual minimum whichever is greater) as its proportional part of the total operating budget divided by twelve , these payments to be made monthly in advance on or before the 10th day of each month. The first monthly payment due October 10 of each year shall be twice the calculated monthly payment with no payment due in September of each ensuing year except for any adjustments necessary during any fiscal year. At the end of each fiscal year any surplus balance shall be carried forward to reduce the overall cost during the next budgetary period. Emergency expenditures not budgeted may be required due to unforeseen or unexpected conditions but each city shall be notified of such emergency with the right to appeal to the NTMWD Board of Directors on any request for adjustments in the monthly payments in the same manner as the original budget . If Murphy shall fail to make any monthly payment by the 20th . day of the month in which due , after notice to Murphy, the NTMWD could terminate services as of the 10th day of the following month and will be required as a condition of this contract to terminate service by the 10th day of the second month following the nonpayment . Further , the NTMWD may take legal action to acquire payments due under this agreement and shall be entitled to recover reasonable attorney fees plus ten percent on all over due charges. SECTION 7 . Regional Program. It is agreed by all parties to - ? FIRST DRAFT March 5, 1991 l J7 this agreement that the long range goal for wastewater treatment service for Wylie and Murphy shall be a regional facility serving these two cities and others . It is understood by all parties that when the Wylie plant reaches 75% of capacity , or such other requirements as may be made by state and federal regulatory agencies , planning for an additional facility to treat the combined wastewater flows will be necessary and that construction must begin on said facility on or before the time the Wylie plant reaches 90% of design capacity . The regional program would be funded by each entity paying its fair share of the cost based on proportional flow to the system. Should a regional program not be developed Murphy and Wylie agree to pay for the necessary future facilities based on a proportional flow contract agreement . SECTION 8. Indemnity . Each party to this agreement agrees to indemnify and hold harmless each other from any and all causes for loss , liability or damages , arising out of the operation of the Wylie plant . SECTION 9. NTMWD Financial Obligation. Nothing in this agreement shall be construed as requiring the NTMWD to expend funds from any source other than the revenues received under this agreement and the Wylie - NTMWD Agreement dated June 25, 1987. All cost required by valid rules, regulations , laws or orders passed or promulgated by the United States of America, the State of Texas, and regulatory judicial branches thereof having lawful jurisdiction shall be the responsibility of the cities of Wylie and Murphy. FIRST DRAFT March 5, 1991 - 8 - - /9 superseded by a regional agreement approved by all parties, or thirty years from the date of execution , whichever occurs first . Should Murphy not construct the Murphy connecting inter- ceptor system and start service within thirty-six months from the date of the execution of this agreement , then this agreement is null and void. THIS AGREEMENT APPROVED BY THE RESPECTIVE GOVERNING BODIES BY ADOPTION OF APPROPRIATE RESOLUTIONS AUTHORIZING THE UNDERSIGNED TO EXECUTE IN BEHALF OF EACH ENTITY ON THIS THE DAY OF , 1991 . JOHN W. AKIN , MAYOR CITY OF WYLIE ATTEST: CAROLYN JONES, CITY SECRETARY REGINALD W. GEORGE, MAYOR CITY OF MURPHY • ATTEST: LINDA B. MARLEY, CITY SECRETARY NORTH TEXAS MUNICIPAL WATER DISTRICT G. W . RANGE, PRESIDENT ATTEST: ROBERT C. ALLEN, SECRETARY - 9 - FIRST DRAFT March 5, 1991 % MEMORANDUM DATE: July 30, 1991 TO: Bill Dashner , City Manager FROM: Paul Beaver, Director of Engineering and Planning '(1 RE: City of Wylie/City of Murphy Sewage Transportation Agreement I have discussed with NTMWD the possible parameters for an agreement to transport the excess sewage from the Murphy plant to the City of Wylie plant . Several key factors are known: 1) The City of Murphy will extend a line at their own cost from their plant to our 15" Phase II line on Hensley Lane . 2) The project will be assumed to carry a minimum of 25,000 gpd, though larger volumes could occur . 3) The 1 MGD Century Business Park Lift Station is the limiting factor in the design. The existing 15" , 18" , 36" gravity lines and 8" force main are capable of handling the proposed Murphy flow. 4 ) The 1 MGD Lift Station is sized to handle the following at full development : a) Southfork Mobile Home Park b) Newport Harbor Phase I c) Regency Business Park d) Presidential Estates e) 10% Flow Contingency 5) A new pump at Lift Station at a cost of $25 ,000 will be needed when an extra 40 - 50 homes above full development design come on line This contract is estimated at 30 years or until the Regional Plant is built , whichever comes first. A proposed first ten year rate calculation can be determined as such: A) Cost of facilities to be utilized : Phase i $297,993 (36" line, Lift Station , 8" Force Main) Phase II 146,000 (15" and 18" to Sanden Road) TOTAL CONSTRUCTION COST $443,993 B) Since Lift Station Life is 20 years and pipeline lives are 40 years, use 30 years for life cycle calculation purposes . C) 20 year debt service on $443 ,993 = $44 ,000/yr or Total Overall Cost $880,000 D) The 30 year life cycle cost for the facilities is : 880,000 = $29 ,334/yr 30 yrs. E) 0 & M expense is estimated at $0 .10 per one thousand gallons . F) Therefore, $2 ,334 divided by (365 Days X 1 MGD/Thousand Gallons) = $0 .08/thousand gallons 0 & M $0 .10/thousand gallons $0 .18/thousand gallons G) Annual Costs Minimum 25,000 GPD X 365 Days X $0 .18/000 gal = $1 ,642 =Tf "sr°'{4{1 F^A. Maximum 250 ,000 GP X 365 Days X $0 .18/000 gal = $16 ,420 Elrp4.1" H) If you add proposed annual Wylie Treatment Plant contract fees for total economic opportunity: Minimum (25 ,000 GPD) Transportation Fee $ 1,642 STP Annual Fee 11,690 $13 ,332 Annually Maximum (250,000 GPD) Transportation Fee $ 16 ,420 STP Annual Fee 95, 812 $112 ,232 Annually MEMORANDUM DATE: March 14 , 1991 TO: City Council FROM: Bill Dashner , City Manager 444A RE: Discuss and Consider First Draft of a Contract Between the City of Wylie/City of Murphy/North Texas Municipal Water District to Treat City of Murphy Sewage Attached is a preliminary contract that will allow the City of Wylie to handle all of the City of Murphy' s sewage. This is a not to exceed 250 ,000 gallons per day contract . The City of Wylie currently has a 1 ,000 , 000 gallon per day access capacity. The City of Murphy would tie on to the City' s transmission line. The City would charge Murphy over and above treatment cost where the City would see a reasonably and equitable profit margin . This contract is for discussion purposes only at this point . The City will make in profit from $11 , 690 to $95 ,812 per year depending on the flow from 25,000 gallons per day to 250 , 000 per day. rn r - --r -33 1 F. M. 544 I 1 ( ourH WYLIE -UT WESTERN _ - r- - -4 - -��• RAILROAD ���r +-i- -1 I • �'' � % `YLIE CI ITY LIMITS L. ALTERNATE C- I INTERIM SERVICE AT EXISTING \ ""......... 'ELL CREEK WYLIE WASTEWATER PLANT J - —'- ' , .t NATION Pl� ,t1t -'" x, I SEWER TO I . - SERVE PORTIONS v I I ���h1,y44111Clif WYLIE 8�, 19 I 1.1 Liain‘... x rk S-rA.Le Al 1 :;1-9? EXISTING / I WYLIE ... _ /'\, \ PLAN MENT • L_- _ — ' (ENLARGEMENT UNDE�STRUCTION) • _EK REGIONAL SEWER FUTURE MUDDY CREEK ' < REGIONAL A ALTERNATE C TREATMENT Pp MURPHY 7)(' FI RS'T STAGE , MUDDY CREEK PLANT /2 ' COLLIN CO, �, :\ i 2 DALLAS CO. -�� A NORTH TEXAS MUNICIPAL WATER DISTRIC T MURPHY WASTEWATER TREATMENT STUDY SACHSE ALTERNATE PLANS , FOR ;ACHSE ROAD WASTEWATER TREATMENT SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS Dallas,Texas • JULY, 1988 PLATE NO. I s� MEMORANDUM DATE: August 1 , 1991 TO: City Council FROM: Bill Dashner , City Manage RE: Discuss and Consider Most Recent Correspondence from Texas Department of Health on Landfill Closure The City Staff is doing everything humanly possible to terminate the expense of monitoring wells at the Landfill site. However, this process must continue until Phase II Hydrogeologic report is fully analyzed by the State Health Department . Attachment a Texas Department of Health Robert A. MacLean,M.D. 1100 West 49th Street Acting Commissioner Austin,Texas 78756-3199 1} (512)458-7111 • JUL 2 9 SinII ///,ir Honorable John Akin Mayor of Wylie P.O. Box 428 Wylie, Texas 75098 Subject: Solid Waste - Collin County City of Wylie - Permit No. 712 Ground-Water Monitoring Reports Dear Mayor Akin: On July 12, 1991, we received the analyses of ground-water samples taken June 6, 1991, from the three "old" monitoring wells, MW-i, 2, and 3, at the subject site. These samples were analyzed by TALEM, Inc. , for all of the quarterly parameters except copper. Our review of the analyses indicates that the parameters are generally within historical ranges and do not indicate any apparent adverse trends. The facsimiles of our Groundwater Monitoring Report forms show the depth to water before bailing but omit the elevation of the water level. Since we do not know what datum was used for the measurement, we cannot calculate the water-level elevation. These forms were not signed in the blank marked Operator Signature. Please furnish signed revised copies as soon as possible with the water-level elevations shown. No schedule has been set for further sampling of these "old" wells, pending completion of our review of the Phase II hydrogeologic investigation report from Jones and Neuse. As soon as this review is complete, we will furnish you a revised sampling schedule. If you have any questions concerning this letter( you may contact Mr. A. R. (Dick) Smith, Senior Staff Geologist, Ground Water Protection Branch, Surveillance and Enforcement Division, Bureau of Solid Waste Management, at telephone number (512) 458-7271. Sincerely, eit#1,- selAo L. C. (Chet) Safe, C.P.G. , Chief Ground Water Protection Branch Surveillance and Enforcement Division Bureau of Solid Waste Management ARS/mr cc: Region 5, TDH, Arlington Collin County Health Department Wylie City Manager Mr. Paul D. Beaver, P.E. , Director of Planning & Engineering JONES AND NEUSE, INC. jiN and Engineering Services Environmentalg g m © CE n w ,i;:\, August 2, 1991 D i. Mr. Dick Smith Texas Department of Health 1100 West 49th Street Austin, Texas 78756 Re: City of Wylie Phase II Hydrogeologic Investigation of the Landfill JN028901.2 Dear Mr. Smith: On behalf of the City of Wylie, please find attached three copies of the corrected final report titled "Phase II Hydrogeologic Investigation City of Wylie Landfill Final Report" . The correction were made pursuant to our telephone conversation on July 11, 1991. If you have any questions or require additional information, please do not hesitate to call me at 713/450-1882 . Sincerely, J.ES AND NEUSE, INC. 0. 0 , 1 .vid Buchanan colikch Manager JDB/ljm wylie2 .c1 Enclosure cc: vMr. Bill Dashner - City Manager/City of Wylie Mr. Paul Beaver - City Engineer/City of Wylie 11811 East Freeway, Suite 275 Houston,Texas 77029 713-450-1882 MEMORANDUM DATE: August 2, 1991 TO: City Council FROM: Bill Dashner , City Manage RE: Discuss and Consider Imp ementation of Computer Hardware and Software System Enhancement and Improvement for the City' s Data Processing System. Several weeks ago I asked Mr . Dennis Hensley, at no charge to the City , to do an evaluation of the City' s computer system. I have attached that report . I believe for the first time the City has gotten a solid , honest assessment and recommendation on this subject. Therefore, I strongly recommend at this time, that the City proceed with this application and not waste anymore time. The whole program can be fully funded and money has been earmarked in the next year ' s budget . Mt . Hensley will be at the City Council meeting to explain the program. My recommendation is as follows: Engage Mr . Hensley to develop software programs necessary to enhance and modernize the system. Hardware is very adequate (none needed) . Mr. Hensley should be hired as a City employee for the period of time necessary, at an equitable salary, to be set by the City Manager , in line with the City pay pion. CITY OF WYLIE COMPUTER HARDWARE AND SOFTWARE CURRENT 08/02/91 FINANCE - UTILITY HARDWARE CURRENTLY INVENTORIED EQUIPMENT SHOULD BE SUFFICIENT TO HANDLE CITY REQUIREMENTS FOR AT LEAST THE NEXT 3 TO 5 YEARS PROVIDED ALL CITY EQUIPMENT IS ON SITE AND IN PROPER WORKING CONDITION. EXCEPTIONS: OPTION ! . UPGRADE 8 EXISTING PC XT' S TO 286 AT' S COST APPROXIMATELY $300.00 each. option 2 REPLACE ALL EXISTING XT' S WITH 286 AT' S COST APPROXIMATELY $650.00 EACH. THE BENEBITS FROM THE ABOVE CHANGES WOULD BE SUBSTANTIAL INCREASE IN SPEED FOR USERS. SOFTWARE CURRENT OPERATING SYSTEM IS SUFFICIENT WITH REVISIONS TO PERFORM CITY REQUIRED FUNCTIONS FOR AN EXTENDED PERIOD OF TIME PROVIDED STEPS ARE TAKEN NOW TO TRAIN SOMEONE*TO TAKE CARE OF THE DAILY ACTIVITY OF THE SYSTEM SUCH AS MAKING MINOR REVISIONS AS DEEMED NECESSARY TO DO FUNCTIONS PROPERLY. THIS DOES NOT INCLUDE MAJOR REVISIONS SUCH AS NEW UTILITY BILLS. UNDER THIS CONDITION CURRENT INDIVIDUAL MUST BE RETAINED TO MAKE MAJOR REVISIONS. CURRENTLY ONLY ONE INDIVIDUAL AND FAMILY MEMBERS KNOW THE SYSTEM WELL ENOUGH TO MAKE MAJOR REVISIONS. ALL MAJOR REVISIONS SHOULD BE APPROVED BY CITY MANAGER AND STAFF MEMBERS AFTER SUFFICIENT STUDY TO WARRANT SUCH CHANGES. USER DOCUMENTATION ON CURRENT SYSTEM MUST BE UPDATED TO ALLOW FOR USER FRIENDLY INFORMATION WHEN QUESTIONS ARISE. 2 CURRENT PROCEDURES SHOULD BE REVIEWED AND REVISED TO ESTABLISH A MORE MANAGABLE SYSTEM AND REDUCE THE DOUBLE ENTRY SITUATION WHERE POSSIBLE. EXAMPLE: PAYROLL AND PERSONNELL NOTE: ONE REASON FOR LATE PERIOD ENDING REPORTS TO CITY MANAGER IS CHECK RECONCILIATION. NEW SOFTARE THE FOLLOWING INFORMATION BASED ON PHONE CALLS TO DIFFERENT VENDORS TO SUPPLY CITY OPERATION ORIENTED SOFTWARE PACKAGES. COST RANGE FROM $25000.00 TO $ 40000.00 INCLUDES INSTALLATION AND TRAINING FOR A SPECIFIED PERIOD OF TIME. REMEMBER: THAT ON PURCHASED PACKAGES REVISIONS ARE VERY EXPENSES AFTER A PRE-DETERMINED NUMBER OF REVISIONS ARE MADE TO COMPLY WITH CLIENT NEEDS. SYSTEMS INCLUDE GENERAL LEDGER ACCOUNTS PAYABLE ACCOUNTS RECEIVABLES INVENTORY INVOICING PLUS IF NEW SOFTWARE IS DECIDED ON PARRELELL PROCESSING WILL BE REQUIRED FOR AT LEAST THREE PERIODS. POLICE DEPARTMENT ------------------ REQUESTED 1 ADDITIONAL 286 AT BASIC SYSTEM 1 MEG RAM 40 MEG HARD DISK 4 ADDITIONAL PORTS FOR THE TLET SYSTEM ?? 1 SINGLE SHHET FEED PRINTER COST OF 286 AT AND PRINTER APPROXIMATELY $ 1500. 00 4 3 MUNICIPAL COURT/CITY SECRETARY MUNICIPAL COURT SOFTWARE PACKAGE $ ? PERSONNELL SOFTARE PACKAGE 1 286 AT BASIC SYSTEM FOR RECEPTIONIST $ 800.00 NO NETWORK INTO MUNICIPAL COURT COMPUTER PUBLIC WORKS COMPUTER GENERATED WORK REQUEST FORMS EQUIPMENT USAGE TRACKING REPORT NETWORK TO CITY MODEM $ 100.00 PC AT PUBLIC WORKS IS IN NEED OF REPAIR BAD HARD DISK LIBRARY tiADDITIONAL PC TO BE SETUP FOR CITIZEN USE COST $ J3p.QQ A NO NEED TO NETWORK TO CITY MR. DASHNER PRELIMANARY REPORT FINANCE-UTILITY UPGRADE 4 EXISTING PERSONAL COMPUTERS TO 286 COMPATABLE (FOR SPEED) EXISTING CITY HARDWARE IS SUFFICIENT TO HANDLE ALL CITY ACTIVITIES FOR AT LEAST THE NEXT FIVE (5) YEARS, PROVIDED ALL CITY OWNED EQUIPMENT NOT ON PREMISES IS RETURNED IN NORMAL WORKING CONDITION. FINANCE - UTILITY SOFTWARE PACKAGE WILL BE REVIEWED IN DETAIL TO DETERMINE IF ITS CAPABLE OF HANDLING ALL CITY FUNCTIONS FOR THE NEXT FIVE (5) YEARS WITHOUT MAJOR REVISIONS. POTENTIAL PROBLEM: IT APPEARS THERE IS ONLY ONE INDIVIDUAL WHO UNDERSTANDS THE INTERNAL WORKINGS OF THE CURRENT SYSTEM AND ANY CHANGES WOULD REQUIRE THIS PERSON THIS NORMALLY IS NOT A GOOD SITUATION. THERE IS A POSSIBILITY OF THE CITY NOT USING A AUTHORISED VERSION OF THE NETWORK SOFTWARE. ALSO CURRENTLY USING A SWPPORT PACKAGE NOT OWNED BY CITY, SUGGEST CITY TAKE STEPS TO PURCHASE OR REPLACE THIS PACKAGE. MR. DASHNER PRELIMANARY REPORT POLICE DEPARTMENT 4 ADDITIONAL PORTS TO THE TLET TEXAS LAW ENFORCEMENT TERMINAL 1 286 A T SYSTEM 1 MEG RAM 40 MEG HARD DISK MONOCHROME MONITOR 1 SINGLE SHEET FEED PRINTER (LAZER) MUNICIPAL COURT 1 286 A T BASIC SYSTEM 1 MEG RAM 21 MEG HARD DISK FOR RECEPTIONIST PERSONNELL PACKAGE COURT SOFTWARE PACKAGE NO OUTSIDE CONNECTION TO COURT SYSTEM NEED TO INTERFACE PERSONNELL TO PAYROLL TO ELIMINATE DOUBLE ENTRIES LIBRARY 1 ADDITIONAL PC SO AN EXISTING PC CAN BE USED BY PATRONS NO NEED TO NETWORK TO CITY PUBLIC WORKS UPGRADE EXISTING P.C. TO A 286 A T 1 MEG RAM DEVELOPE WORK REQUEST FORMS _ ESTABLISH EQUIPMENT USAGE TRACKING REPORT NETWORK TO CITY MEMORANDUM DATE: August 8, 1991 TO: City Council FROM: Bill Dashner, City Manager i RE: Discuss and Consider Ordinance Regulating Bicycles And Other Devices Used as Recreational Type Transportation Attached is an ordinance that the Park and Recreation Board has written and is recommending that the City Council adopt the ordinance . The City Attorney has drafted the ordinance pursuant to guidelines promulgated by the Park and Recreation Board . I believe the City Council should study the ordinance very carefully prior to adoption. If the details are looked at it ' s an ordinance that will be almost impossible to enforce and quite honestly over regulates. I don ' t believe there is a need for this type ordinance, however , the Park Board has taken action and it should be considered . MEMORANDUM DATE: August 7, 1991 TO: Bill Dashner , City Manager FROM: Bill Nelson, Park and Recreation Director RE: Bicycle Ordinance As a result of recent action by myself, the Park Board and the City Attorney, a new Bicycle Ordinance has been drawn up. I am requesting that this revision be put on the agenda at the next available City Council meeting for discussion and approval . I feel that this new ordinance better addresses the safety of riders , pedestrians and vehicular traffic. ORDINANCE NO. AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS, REGULATING THE OPERATION, USE, AND PARKING, OF BICYCLES, SKATEBOARDS, ROLLERSKATES, OR SIMILAR DEVICES IN THE CITY, AMENDING OTHER ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City has determined that unsafe operation of bicycles , skateboards, rollerskates , or similar devices within the City creates a hazardous to the public health , safety, and general welfare; and WHEREAS, the City Council has determined that the best interest of the City of Wylie, and its residents , would be served by providing standards for the safe operation of bicycles , skateboards, rollerskates , or similar devices ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows : Section 1 . APPLICATION A) The regulations herein contained shall apply to any bicycle which is operated upon a street , highway, or in any public park or public place in the City limits of the City of Wylie. B) Sections 1 , 2 , 5C, 5D, 5E, 5F, 5H, 5I , 5J, 5K, and 5L shall apply to any skateboards roller skates or similar devices which are operated upon a street , highway, or in any public park or public place in the City limits of the City of Wylie . Section 2 . DEFINITIONS Unless otherwise specified all terms used herein shall have the same definition as those ascribed to them in the Texas Uniform Act regulating traffic on highways , as set forth in Vernon ' s Ann . Civ . St. Art. 6701d, as the same now exists or is hereafter amended . Section 3 . TRAFFIC LAWS TO APPLY Every person riding a bicycle shall be granted all the rights and be subject to all the duties applicable to the driver of a vehicle, pursuant to local ordinance and state statue, except as to special regulations as hereinafter provided, and except those provisions of such local ordinances and state statues which by their nature can have no application . Section 4 . EQUIPMENT A) Every bicycle shall be equipped with a brake which shall enable the operator to make the braked wheel, or wheels, skid on dry, level , clean pavement . B) Every bicycle, when used at night time, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet , and with a red reflector on the rear , of a type approved by the Department which shall be visible from all distances from 50 feet to 500 feet to the rear when directly in front of a lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector . 47 Section 5. PROHIBITED OPERATIONS It shall be unlawful for any person to operate a bicycle in any of the following ways : A) Other than upon or astride a permanent and regular seat attached thereto; B) To carry more persons at one time than the number for which it is designed or equipped; C) By attaching the bicycle or the rider to any moving motor vehicle or other vehicle; D) Side by side with another bicycle (abreast) ; E) Other than as near to the right side of the roadway as conditions reasonably permit ; F) At a speed greater than is reasonable and proper, having due regard for the safety of the rider and others; G) Carrying any package, bundle, or article which prevents the rider from keeping at least one hand upon the handlebars ; H) Upon any sidewalk located on either side of Ballard Street between SH78 and Jefferson Street; I) Upon playgrounds, flower beds, tennis courts , athletic fields or athletic courts and in picnic pavilions; J) Other than in a manner consistent with safe riding practices; K) With disregard or lack of consideration for others , including without limitation , pedestrians using the same areas; L) In areas crowded with persons or where large numbers of persons have congregated, including without limitation , concession stands, and spectator areas of athletic fields; M) Simultaneously removing both hands from the handle bars , or with feet from the pedals while riding or practicing or performing any trick, fancy, or acrobatic riding . SECTION 6 . PARKING No person shall park any bicycle in any street , highway, or park or upon any sidewalk in such a manner as to interfere with the safety or movement of pedestrians or vehicle traffic. SECTION 7 . SUPERVISION A parent of any minor child , and the guardian of any ward, shall not authorize or knowingly permit such child or ward to violate any of the provisions of this ordinance. SECTION 8 . IMPOUNDMENT The Chief of Police is hereby authorized and empowered to impound for a period not to exceed thirty (30) days any bicycle used in violation of any of the provisions of this ordinance, or in violation of any of the ordinances of the City regulating traffic, so far as they are applicable . Impounding of a bicycle pursuant to this section shall not preclude the imposition of any other penalty provided for such violation . l00 SECTION 9 . SEVERABILITY 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 so declared to be invalid , illegal , or unconstitutional . SECTION 10 . PENALTY Any person found guilty of violating any of the provisions of this ordinance shall be subject to a fine as established and set out in Section 1 .06 of the City' s Code of Ordinances . SECTION 11. PUBLICATION AND EFFECTIVE DATE The City Secretary is hereby authorized and directed to cause publication of the caption of this ordinance in accordance with the City Charter and the V.T.C.A. , Local Government Code, Section 52 .013 and the provisions hereof shall take effective immediately upon such publication . PASSED AND APPROVED by the City Council of the City of Wylie, Texas , this day of , 1991 . John Akin, Mayor a ATTEST: Carolyn Jones, CitySecretary APPROVED AS TO FORM: Steven P. Deiter , City Attorney 4.y