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06-25-1991 (City Council) Agenda Packet • • AGENDA REGULAR CITY COUNCIL MEETING CITY OF' WYLIE, TEXAS TUESDAY, JUNE 25, 1991 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER • INVOCATION - REV. DON YEAGER, WYLIE UNITED METHODIST CHURCH PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 3 Discuss and Consider the 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 2 4 - 19 Discuss and Consider City Financial Report at the End of Eight (8) Months of FY 91 (May 30, 1991) 3 20 - 21 Discuss and 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 4 22 - 31 Discuss and Consider 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 5 32 - 64 Discuss and Consider Reviewing and Approving Detailed Specifications for an Emergency Communication System for the Police Department and Fire Department and 911 6 65 - 74 Discuss and Consider Final Payment to Pate' & Pate on Phase Ii Sewer Line and Accept Project as Complete and Activate One Year Maintenance Bond 7 75 - 93 Discuss and Consider Evaluation of the Development Corporation of Wylie, Inc. and Canpliance or Non Compliance with City. Council Approved Bylaws 8 94 - 100 Discuss and Consider 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 ORDER OF PAGE BUSINESS REFERENCE BUSINESS 9 101 - 109 Discuss and Consider Tort Claim Filed Against the City of Wylie by Mr. and Mrs. Robert F. Ireland 10 110 - 111 Discuss and Consider Payment of Claim from Deloitte and Touche for Services Rendered on Phase I Finance Department Audit • 11 112 - 113 Discuss and Consider Appointing New Members to the Boards and Commissions to REplace Those Whose Appointments are Expiring (Tabled from June 11, 1991) 12 114 Discuss and Consider Appointment to the Planning and Zoning Board of Two New Members to Replace Mr. George Fournier and Mr. Roger Smith 13 115 Discuss and Consider the appointment of a Municipal Judge and Discuss and Consider Recruitment Process or Selection Process 14 116 - 120 Discuss and Consider Using 1987 Woodlake Village/Centennial Homes Development Perimeter Street Fee 15 121 - 126 Discuss and Consider Receipt of and Acknowledgement of Phase II Hydrogeologic Investigation of the City's Municipal Landfill and Authorization to Present Data to State Department of Health in Order to Prepare Final Landfill Closure Plan 16 127 - 129 Discuss and Consider Soliciting Competitive Bids for all Insurance now held; by the City of Wylie Excluding Workman's Compensation, Medical and Life Insurance 17 130 - 136 Discuss and Consider Payment of Claims for H Legal Services in Litigation involving the City of Wylie Case of Robert Russell Walker, City of Wylie V. Choya Tapp and Choya Tapp V. City of Wylie 18 CITIZEN 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 limit remarks to a maximum of five (5) minutes. • ORDER OF PAGE BUSINESS REFERENCE BUSINESS 19 Recess open Meeting 20 Convene Council into Executive Session under, the Authority of ARticle 6252-17 V.A.C.S., Section 2 paragraph "E" 137 Discuss and Consider convening into Executive Session to accept Reports fran City,Attorney on Choya Tapp V. City of Wylie, City of Wylie V. Choya Tapp and Restraining order serviced on City of Wylie reference Southfork Mobile Hare Park 21 Reconvene into Open Session 22 Consider any action necessary from Executive Session 23 Adjourn ,f NOTICE OF REGULAR MEETING Notice is hereby given that the governing body of the City of Wylie will meet at 7:00 P. M. on the 4 day of .`' , 199 , , in the Council Chambers of the nicipal Canplex at 2000 Hwy. 78 North in the City of Wylie, Texas, for the purpose of considering the attached agenda. Carolyn J , C't ecretary POSTED THIS THE 1/ DAY;OF —. 199L, AT O#9. M. MEMORANDUM DATE: June 11, 1991 TO: City Council FROM: Bill Dashner, City Manage air:, RE: Conduct a Public Hearing to Discuss and Consider the 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 now the City has been working to update and correct errors in the old official zoning map for the City and the work has been completed . As soon as the map is completed it will be permanently placed in the City Council Chambers and kept up to date . ORDINANCE NO. AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS; REPEALING ORDINANCE NO. 87-4 ; ADOPTING THE OFFICIAL ZONING MAP FOR THE CITY; AND PROVIDING, FOR AN EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT: SECTION 1 . That this ordinance repeals in totality Ordinance 87-4 and supplants the intent of the old ordinance. SECTION 2 . That the official zoning map has been updated and verified and is hereby adopted as the official zoning map for the City of Wylie, Texas . SECTION 3 . That this map shall be maintained and updated as the need arises and will be displayed at all times in the City Council Chambers . - SECTION 4 . The City Council of Wylie , Texas hereby adopts this ordinance which regulates and recognizes this map as the official zoning map of the City and is effective immediately upon passage and approval of the City Council of the City of Wylie, Collin County, Texas . DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1991 John Akin, Mayor ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM AND STRUCTURE: Steven Deiter , City Attorney X , ORDINANCE NO. '' 'i'^' ' �1s AN ORDINANCE OF THE CITY O,F WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, ADOPTING THE OFFICIAL ZONING DISTRICT/LAND USE PLAN MAP FOR THE CITY; PROVIDING FOR PUBLICATON, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT: The Zoning District/Land Use Map, as depicted this date on the map displayed in the Code Enforcement Office, is hereby adopted as the official Zoning District/Land Use Plan Map for the City of Wylie. This map shall be maintained up-to-date by the Building Official by posting thereon all changes and subsequent amendments to said Plan/Map as they are adopted by official action, in open public session, by the governing .body of the City of Wylie. PUBLICATION: The caption of this ordinance shall be published one time in the Wylie News , the official newspaper of the City of Wylie. SEVERABILITY: It is hereby declared to be the intention of the City Council that should the sections, paragraphs, sentences, clauses, and phrases of this Ordinance be declared unconstitutional or invalid by the valid judgement or decree of any court of competent jurisdiction , such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences , paragraphs,' or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses, sentences , paragraphs , or sections . EFFECTIVE DATE: This Ordinance shall become effective immediately upon passage and approval of the City Council of the City of Wylie, Collin County , Texas. PASSED AND APPROVED ON THIS THE 13TH DAY OF JANUARY 1987 BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY TEXAS. y�-`— c::fir•'? -._._ —._____�._.: Chuck Trimble, Mayor , City of Wylie ATTEST : arol one , ity Secretary .0 . joe MEMORANDUM ) DATE: June 19 , 1991 TO: City Council FROM: Bill Dashner , City Manage r✓ RE: Discuss and Consider City Financial Report at the End Of Eight (8) Months of FY91 (May 30 , 1991) The City budget for FY91 as amended is $6, 029 ,076 . Through the first eight (8) months overall revenue was $4 ,453 , 135 and during this same time frame all expenditures were $4 ,112 ,730 . The City after eight (8) months shows a positive cash flow balance of $340 ,405 . The Utility Fund continues to draw my attention . Through the first eight (8) months the Utility Fund has taken in $1 , 281 .740 and expenses amounted to $1 ,237 ,475 for a cash flow balance of $44 ,265 . It is important to note that the 1990 bond fund owes the Utility Fund $100 ,000 . If this were reflected , which it is not , the Utility Fund would show a balance of $144 ,265 . This transfer will be made at the end of this year or at the beginning of FY92 when it is necessary. All investments in interest bearing accounts amounts to $2 , 891 ,171 . The Wylie Development Corporation of Wylie as of June 14 , 1991 has a balance of $145 ,416 .79 . Attachments : Budget Summary of Principal Operating Funds Individual Departmental Reports Individual Investment Accounts Investment Portfolio (Itif) L� itif I ()(�v / I � � / R ' \ c .1 l 1 01' W I LIL - ivlf\Y 1991 - I\/1' DATE Payout-All Funds.... AMOUNTquillii.. MAY'91 Invoices's$ 1,000.00&more i 05/01/91 REEDER DISTRIBUTORS $3,358.90 FUEL 05/01/91 SNAP-ON TOOLS $1,045.00 DIAGNOSTIC EQUIP.-FLEET 05/01/91 TML WORKMEN'S COMP. $26,453.75 WORKMAN'S COMP. INS. PREM. 05/10/91 A-1 AMBULANCE $10,700.00 EMS SERVICE 05/10/91 KEN'S COMMUNICATION $2,059.00 RADIO REPAIR-DISPATCH 05/10/91 MOTOROLA $1,482.00 PORTABLE RADIO-P.D. 05/10/91 NORTH STAR PAVING $3,614.27 ASPHALT 05/15/91 ACCENT STRIPE A-LOT $3,485.61 PAVEMENT STRIPING 05/15/91 BOLIN CONSTRUCTION $7,613.40 CONCRETE REHAB 05/15/91 DEVELOPMENT CORP. $21,083.64 SALES TAX CONTRIBUTION 05/15/91 FRANK DUNLOP $1,476.25 COMPUTER SERVICE-FINANCE 05/15/91 FRANK DUNLOP $2,500.00 COMPUTER SERVICE-LIBRARY 05/15/91 HALPRIN SUPPLY $1,535.61 FIRE EQUIPMENT 05/15/91 SALLINGER-NICHOLS $4,530.27 LEGAL FEES-DELINQUENT TAXES 05/24/91 CHEMLINE $5,574.58 LIME-KREYMER RD 05/24/91 GTE $2,317.52 PHONE SERVICE-ALL DEPT. 05/24/91 TU ELECTRIC $2,767.69 ELECTRICAL SERVICE-ALL DEPT. 05/24/91 WYLIE INSURANCE $1,675.00 EMPLOYEE BOND INSURANCE 05/24/91 WYLIE INSURANCE $3,150.00 PROP. &GEN. LIABILITY INS. 05/24/91 WYLIE INSURANCE $16,067.00 PROP. &GEN. LIABILITY INS. 05/29/91 NORTH STAR PAVING $17,560.00 ASPHALT 05/29/91 REEDER DISTRIBUTORS $2,997.80 FUEL 05/29/91 TU ELECTRIC $3,548.37 ELECTRICAL FOR STREET LIGHTS 05/01/91 NTMWD $22,320.73 WATER SERVICE 05/10/91 NTMWD $36,722.00 WASTEWATER TREATMENT 05/10/91 POSTMASTER $1,403.00 POSTAGE 05/10/91 PRIME EQUIPMENT $1,414.25 BACKHOE RENTAL-SEWER REPAIR 05/15/91 FRANK DUNLOP $1,226.25 COMPUTER SERVICE-UTIUTY 05/15/91 TOLBERT ELECTRIC $2,085.75 PUMP REPAIRS -SEWER SERVICES 05/24/91 TU ELECTRIC $3,362.52 ELEC. SERVICE-WATER&SEWER 05/24/91 WYLIE INSURANCE $10,469.00 PROP. &GEN. LIABIUTY INS. 05/29/91 INDUSTRIAL INTERNATIONAL $1,092.32 SEWER PIPE&FITTINGS 05/15/91 KEN'S COMMUNICATION $3,547.00 CLOSED CIRCUIT TV P.D. 05/15/91 UNIFORMS OF TEXAS $3,474.60 POLICE DEPT. UNIFORMS 05/15/91 BFI $3,198.37 SANITATION COLLECTION 05/24/91 BFI $23,687.94 SANITATION COLLECTION 05/01/91 DEALERS ELECTRIC $1,785.00 INSTALLATION OF PARK UGHTS 05/24/91 SECURITY FENCE $3,800.00 PLAYING FIELD BACK STOPS 05/15/91 JONES&NEUSE $22,220.04 LANDFILL CLOSURE 05/15/91 SHIMEK,JACOBS, FINKLEA $1,569.45 LANDFILL CLOSURE 05/30/91 JONES&NEUSE $3,645.10 LANDFILL CLOSURE 05/15/91 E. L. DALTON $67,173.32 NEWPORT HARBOR 05/15/91 SHIMEK,JACOBS, FINKLEA $16,955.19 NEWPORT HARBOR TOTAL $377,747.49 JUNE 18, 1991 -CW BUDGET SUMMARY 1990-91 FISCAL YEAR } PRINCIPAL OPERATING FUNDS: BUDGET ELAPSED TIME: 66 . 67% PERIOD ENDING MAY 31, 1991 - 8TH MONTH BUDGET REVENUES EXPENDITURES • FUND AMOUNT % RECEIVED AMOUNT % BUDGET RECEIVED OF BUDGET EXPENDED EXPENDED GENERAL 3,620,596 2,897,925 80.04% 2, 653,780 73.30% 101-450 UTILITY 2,003,480 1, 281,740 63 .98% 1,237,475 61.77% 501-521 SANITATION/OP 360,000 245,955 68.32% 194, 195 53 .94% 651 IMPACT/LIFT 45,000 27,515 61 . 14% 27,280 60. 62% 901 TOTAL OPERATING BUDGETS 6,029,076 4,453, 135 73 .86% 4, 112,730 68 .21% 0IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE TO NEW ORDINANCE. ACCOUNT FUNDS USED FROM PREVIOUS YEAR TO ACCOUNT FOR DEFICIT FUNDING. ALSO CAUSED BY IMPLEMENTATION OF NEW IMPACT ORDINANCE. DEPARTMENTAL EXPENDITURE SUMMARY BY FUND 1 BUDGET YEAR TIME ELASPED: 66 .67% - 8TH MONTH PERIOD ENDING MAY 31, 1991 FUND 10 GENERAL EXPENDITURE % EXPENDED BUDGET TO DATE 101 COUNCIL 91,250 51,865 56.84% 102 CITY MANAGER 153,500 66,730 43.47% 103 CITY SECRETARY 92,000 70,750 76.90% 105 CODE ENFORCEMENT 99,000 67, 740 68.42% 107 ENGINEERING 79,500 53,745 67 .60% 110 FINANCIAL SERVICES 245,500 193, 195 78.69% 120 MUNICIPAL COURT 50,750 29,430 57 .99% 130 DEBT SERVICE 692 ,500 544, 200 78.58% 140 BLDG. SERV. /M. COMPLEX 182 ,350 118,200 64 .82% 141 BLDG. SERV. /LIBRARY 17 ,475 16,520 94 .54% 142 BLDG. SERV. /FIRE 20,250 16,060 79.31% 143 BLDG. SERV. /P. WORKS 26,500 23,420 88.38% 144 BLDG. SERV./PARKS 13,000 7,335 56.42% 201 POLICE ADMINISTRATION 80,000 76,025 95.03% 202 POLICE PATROL 521,250 368,975 70.79% 203 POLICE INV. 58, 750 31,260 53.21% 204 POLICE REC. /COMMO. 110,250 67,640 61.35% 205 METRO WARRANT OFFICER 40,250 26,525 65.90% 220 FIRE DEPT. 100,250 62,270 62. 11% 230 E.M.S. 116,250 90,890 78. 18% 301 LIBRARY 63,625 48,900 76.86% 310 PARKS 93,000 62,785 67.51% 420 STREETS/DRAINAGE 593,896 497 ,090 83.70% 440 GARAGE .41,500 26,035 62.73% 450 ANIMAL CONTROL 38,000 36, 195 95.25% TOTALS 3,620,596 2,653,780 73.30% FIGURES ROUNDED TO NEAREST HIGHEST OR LOWEST NUMBER ON ALL SUMMARIES DEPARTMENTAL EXPENDITURE SUMMARY BY FUND 5 BUDGET YEAR TIME ELASPED: 66 . 67% - 8TH MONTH PERIOD ENDING MAY 31, 1991 FUND 20 UTILITY EXPENDITURE % EXPENDED BUDGET TO DATE 501 UTILITY ADMIN. 340,450 207 , 775 61.03% 502 WATER 508,800 304,685 59 .88% 503 WASTEWATER 394 ,000 276,890 70.28% 510 UTILITY BILLING 199,500 139,080 69.71% 515 DEBT SERVICE 519,230 286,590 55.20% 520 BLDG. SERV. /M. COMPLEX 15,500 6,030 38.90% 521 BLDG. SERV. /P. WORKS 26, 000 16,425 63. 17% TOTALS 2, 003,480 1,237,475 61.77% DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 66.67% - 8TH MONTH PERIOD ENDING MAY 31, 1991 FUND 65 SANITATION/OP. EXPENDITURE % EXPENDED BUDGET TO DATE 651 SANITATION 360,000 194 , 195 53.94% D DEPARTMENTAL EXPENDITURE SUMMARY BY FUND •M BUDGET YEAR TIME ELASPED: 66.67% - 8TH MONTH PERIOD ENDING MAY 31, 1991 FUND 90 IMPACT/LIFT BUDGET EXPENDITURE % EXPENDED TO DATE *901 IMPACT/LIFT 45,000 27,280 60.62% CAPITAL PROJECTS FUNDS TM FUND TOTAL AMOUNT % RECEIVED AMOUNT % APPROPRIATION RECEIVED OF BUDGET EXPENDED EXPENDED 74 STREET 115,000 111,570 97 .02% 112,740 98.03% RECONSTRUCTION 91 UTILITY CONST 650,000 580,275 89 .27% 404,710 62.26% ENGINEER 92 SERVICE 300,000 312, 320 104 . 11% 10,575 3 .53% CENTER ANIMAL SHELTER TOTAL CAPITAL 1,065,000 1,004 , 165 94 .29% 528,025 49.58% PROJECT BUDGET r DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 66 . 67% 8TH MONTH PERIOD ENDING MAY 31, 1991 FUND 74 STREET RECONSTRUCTION BUDGET EXPENDITURE % EXPENDED TO DATE 741 STREET RECONSTRUCTION 115,000 112,740 98.03% DEPARTMENTAL EXPENDITURE SUMMARY BY FUND 1 BUDGET YEAR TIME ELASPED: 66.67% - 8TH MONTH PERIOD ENDING MAY 31, 1991 FUND 91 UTILITY CONSTRUCTION BUDGET EXPENDITURE % EXPENDED & ENGINEERING TO DATE 911 UTILITY CONSTRUCTION 650,000 404,710 58.41% & ENGINEERING DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 66.67% - 8TH MONTH THRU MAY 31, 1991 FUND 92 SERVICE CENTER/ BUDGET EXPENDITURE % EXPENDED ANIMAL SHELTER TO DATE 921 SER CTR/ANIM SHELTER 300,000 10,575 3.31 5 The following is a list of the uninvested balance in each fund as of MAY 31, 1991 General Fund $ 183,374 .77 ** Utility Fund 114,586.55 Utility Refund 17 ,204 .03 Municipal Court 15,029. 84 Payroll 44,051 . 14 Utility Deposit 23,318.27 ** General Interest & Sinking 5, 828 .20 ** Utility Interest & Sinking 62,864 .29 Perimeter Street 114 ,852 .78 ** Utility Bond Reserve 6,855 .47 ** Impact 16,925.28 State Court 4, 382 .69 Community Room 3,539.50 Sanitation Operating 53, 156.42 Return Check Fund 763.68 Street Reconstruction 9,342 .79 Landfill 705 .60 Police Drug/Crime 34,902 . 16 Sales Tax 2,865.91 Library 831.83 Police Training 83.53 Park Contributions 2,798.85 Utility Construction 298,737 .79 ** Landfill Closure 3,066.07 Service Center/Animal Shelter 83.70 Partial Payments Municipal Court 4,535.35 UNINVESTED FUNDS AS OF 02/28/91 $ 1,024,686.49 TOTAL INVESTED FUNDS $1,866,484.65 TOTAL UNINVESTED FUNDS 1,024,686.49 TOTAL ALL FUNDS $2,891,171.14 ** These funds have Certificates of Deposit 1! INVESTMENTS : ANNUAL : AMOUNT : MATURED : MATURITY _ PER FUND : INTEREST DEPOSITED : AMOUNT : DATE : RATE : • • UTILITY BOND : RESERVE FUND : : : CD# 016994 : 5.55% $98,441 .73 : : 6/27/91 PROVIDENT BANK : : • TOTAL UTILITY BOND RESERVE : $98,441.73 : : GENERAL OBLIG. : : ; . INT. & SINKING : : CD# 016989 : 5.55% : $60,622 .97 : : 6/19/91 PROVIDENT BANK : : : TOTAL GEN OBLIG INT & SINKING: $60, 622 . 97 : : TOTAL RESTRICTED FUNDS : $539,979 . 13 : : : : : : . : : • • • 1990 BOND FUNDS: • 3.5MM : ; : . . . FEDERAL FARM 5.657% :$1, 173,814 .83 : 1, 180, 000.00 : 6/10/91 CREDIT BANK : : : & FEDERAL HOME : ; : LOAN BANK : : : . : TOTAL BOND FUNDS INVESTED :$1, 173,814 .83 :$1, 180,000.00 : a CITY INVESTMENTS MAY 31, 1991 aaa=aa a =----=====aas INVESTMENTS : ANNUAL : AMOUNT : MATURED : MATURITY I` PER FUND : INTEREST : DEPOSITED : AMOUNT : DATE : RATE : GENERAL FUND •• : : CD# 016992 : 5.55% $95,986.38 : : 6/19/91 PROVIDENT BANK : : ; • • • . CD# 016993 5.55% . $50,519. 14 : : 6/19/91 PROVIDENT BANK : ; GENERAL TOTAL : : : $146,505.52 . UNRESTRICTED : : ; : FUND TOTAL : : $146,505.52 : : PERIMETER : : : : STREET : : : . CD# 016990 5.55% . $95,986.38 : : 6/19/91 PROVIDENT BANK : : ; CD# 016991 5.55% . $95,986 .38 : : 6/19/91 PROVIDENT BANK : ; ; : : : TOTAL PERIMETER STREET : $191, 972 .76 : : . UTILITY DEPOSIT: : ; : RESERVE • . • • CD# 016996 5.55% $89, 389.73 : : 6/27/91 PROVIDENT BANK : • : : . . CD# 016995 5.55% : $99,551.94 : : 6/27/91 PROVIDENT BANK : : TOTAL UTILITY DEPOSIT RESERVE: $188,941.67 : • MEMORANDUM DATE: June 20, 1991 TO: City Council FROM: Bill Dashner, City Manage bi ikAA... RE: Discuss and Consider May is Letter to Texas Water Commission Requesting Removal of Court Ordered Pump And Haul Operations and Elimination of Monthly Fines And For a Final Inspection of the City' s Sanitary Sewer Capital Improvement Program. Attached is a letter for the Mayor ' s signature to send to the Texas Water Commission . Ol/A) '51 )14' vtyt) CITY 0 Ir WYLI1E 2000 HWY. 78 N. - P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 June 20 , 1991 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 operation 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 MEMORANDUM DATE: June 13 , 1991 TO: City Council FROM: Bill Dashner , City Manager11; 1/ RE: Discuss and Consider Acceptance of and 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 . Brookshires Grocery, Inc . commissioned a traffic study. The study was conducted by Johnson, Brickell , Mulcahy and Associates , Inc . The recommendation from the study indicated the following: "The Brookshire' s grocery Company should seek approva.1\.\\/ ‹) from the City of Wylie and the SDHPT for the installation of traffic signal controls at its south driveway intersection with SH 78 . 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 . " Therefore, the following is recommended : 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. Attachment: Traffic Study TRAFFIC SIGNAL WARRANT STUDY WYLIE, TEXAS Prepared for BROOKSHIRE'S GROCERY COMPANY Prepared by JOHNSON, BRICKELL, MULCAHY AND ASSOCIATES, INC. 17440 Dallas Parkway, Suite 242, Dallas Texas 75287 June 13 , 1991 JIl m ENGINEERSCONSULTING Johnson, Brickell, Mulcahy&Associates, Inc. Mr. Bradley W. Brookshire 17440 Dallas Pkwy. Executive Vice President Suite 242 Brookshire Grocery Company Dallas, TX 75287 1600 S.W. Loop 323 (214) 380-1453 Tyler, Texas 75101 Dear Mr. Brookshire: In accordance with your request Johnson, Brickell, Mulcahy and Associates, Inc. has completed a traffic study for the Brookshire's grocery store that is currently under construction on SH 78 in Wylie, Texas. This report summarizes the findings of that study. STUDY TASKS Justification of the installation of traffic signal controls is based on satisfying the criteria listed in the various warrants contained in the Manual on Uniform Traffic Control Devices (MUTCD) . These warrants are identical for both the Texas and the Federal MUTCD's. In this study the Consultant evaluated the signal warrants under two conditions: existing SH 78 geometrics (2 lane undivided highway) and future geometrics (4 lane divided highway) . It was also assumed that any median opening for this area that was proposed for the future SH 78 facility would be located at the Brookshire's south driveway in an effort to better consolidate exiting traffic volumes from the various stores on the east side of the highway. STUDY METHODOLOGY Most of the traffic signal warrants are based on vehicular volumes, specifically, the two-way volumes on the major street (SH 78 in this case) and the higher volume approach of the minor street (the south Brookshire's driveway in this case) . In order to evaluate the SH 78 traffic volumes, the Consultant collected 24-hour machine traffic counts at the site on June 4 , 1991. These counts have been summarized and are attached to this report. Gerald L. Brickell, P.E. •Edward J. Mulcahy, P.E. • Brian G. Larson, P.E. • Minnie R. Cummings, P.E. •James V. Dickinson,P.E. Frederick D.Schmidt,P.E.•Thomas G.Swenson,P.E.•Timothy A.Chalupnik,P.E.•Charles C.Rowlett,P.E.•Ronald D.Seamen,P.E. Herbert J.Johnson,P.E.(Retired) Kansas City,Missouri • Des Moines, Iowa • Dallas,Texas • Olathe, Kansas • Minneapolis,Minnesota Dodge City,Kansas • Liberal,Kansas The traffic volumes anticipated to be generated by the Brookshire's store were determined by utilizing the trip generation rates and characteristics included in the trip generation handbooks published by the Institute of Transportation Engineers (ITE) . Trip ends for the Physicians Plaza and the Clinic facilities south of the Brookshire's store were determined by collecting manual turning movement counts during the morning, noon, and afternoon peak hours at the two driveways serving these facilities. The trip ends during the remaining off peak hours were estimated by correlating the manual counts to the ITE trip generation rates and characteristics. The existing SH 78 volumes were increased to account for the new traffic that would be generated by the Brookshire's store. This increase amounted to 50% of the inbound Brookshire's traffic with the remaining 50% being pass-by trips. Such trips are defined by ITE as being a secondary part of the primary trip, i.e. , they are already in the traffic stream and are not new trips. This resulting proposed SH 78 traffic volume (major street) and the combined Brookshire's and Physician's/Clinic traffic volume (minor street) were then evaluated against the MUTCD traffic signal warrants. All of the traffic volumes discussed thus far have been summarized in the attached Brookshire's Trip Generation table. RESULTS There were two warrants that provided the most positive results for this evaluation: Warrant #i - Minimum Vehicular Volume and Warrant #2 - Interruption of Continuous Traffic. Under the existing SH 78 geometrics condition, Warrant #2 was completely satisfied. Warrant #1 was satisfied for three of the required eight hours, with the eighth hour being only 19 vehicles short (181 versus 200) of fully satisfying the warrant. Under the proposed SH 78 geometrics condition, neither warrant was completely satisfied. Warrant #1 was satisfied for three of the eight required hours, with the eighth hour being only 19 vehicles short (181 versus 200) of fully satisfying the warrant. Warrant #2 was also satisfied for three of the required eight hours with the eighth hour being 135 vehicles short (765 versus 900) of fully satisfying the warrant. Copies of both Warrants #1 and #2 have been photocopied from the MUTCD and are attached to this report. It should be pointed out the none of these warrant evaluations considered any of the Eckerd's Drug store trip ends. A signal at the Brookshire's south driveway would certainly draw the Eckerd's • C721f �• • traffic to it - especially during the PM peak period when the queue extending south from FM 544 blocks the existing driveways. In summary a traffic signal installation will be warranted when the Brookshire's store is open and becomes fully operational. The Consultant believes that the signal installation will draw additional traffic from existing and future developments on the east side of SH 78 that will allow Warrant #1 to also be satisfied both under the existing geometric conditions and under the future geometric conditions. RECOMMENDATIONS 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 SH 78 . 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. CLOSING We have appreciated this opportunity to assist you and the Brookshire's Grocery Company by providing the traffic engineering services required to complete this signal warrant study. If you should have any questions or comments regarding this transmittal please do not hesitate to contact our office. Sincerely, Johnson, Brickell, Mulcahy and Associates, Inc. Dannie R. Cummings, P.E. Principal Engineer N0RIH F M 544 Northern Driveway ,//' Entrance iI• ` f � l i r -' B rooks hire's i !� 1 Southern C!rive'A'UV Entrance C NSULTEERINSc ENGIN • . , • a?? • • ■MO 24—HOUR MACHINE COUNTS nun ITV C ■V I i ■ METROCOUNT DATE: 4,-q• eft P1.1 ■ II L'll ■ iiiiii J- LOCATION: SN 7S - 50(AH) of FM S i-'f 24—HOUR / 53 c,c.�yJ; , ` ,, VOLUME e. Tx. , 'v c TIME ENDING A/73 -5 8 TIME ENDING /V a. ;a TIME ENDING ,V8 .5[i 12:16AM .24: 8:15 /5,3 4:16 ,Q33 _ 12:30 /s 8:30 /5,5 MN 4:30 ;2 y 7 12:45 /LI. 8:45 IIIIM_ 4:46 ,,2 S 5' 1:00 ci 9:00 //;• 5:00 ,:2 3 Y- 1:15 /4. 9:15 /'fl 5:15 02.5,5 1:30 /0 9:30 /145 5:30 3C1y 1:46 g 9:46 1 3 3 6:46 / 02 8O 2:00 ,i 10:00 //4, 8:00 ..,2gt 2:15 g 10:16 / 3:.)- 8:16 ,;2,$ 2:30 8 10:30 /c/p 8:30 ,-Q 014> 2:45 /y 10:46 /01S NM 8:46 04k 3:00 •; 11:00 /4,3 7:00 /(0/ 3:16 1 / 11:16 1.38 7:16 /4:9 3:30 .2 11:30 / / 7:30 E1311� 3:46 i-{- 11:46 /F.,c/ 7:45 EMI� 4:00 ti Noon /5 4; 8:00 I LI y. 4:16 q 12:16PM Igi,2 8:16 /,;).G 4:30 /4. MI 12:30 /el/ 8:30 la7 4:45 /4., 12:45 /SFa' 8:46 c/ 6:00 , rJ 1:00 //0:.7 9:00 7/ 5:16 .14, 1:15 /75 9:15 ey 5:30 `/5 1:30 /6. 3 9:30 g,1 111111 6:48 8ci 1:45 / 7 ) 9:45 56/ 8:00 IU :3 2:00 /4•ri 10:00 60 8:15 / ,5 2:15 //e 3 10:15 7G, 8:30 /7 3 2:30 /'-{ cj 10:30 E_ 8:46 / 84; 2:46 /S,'/ 10:45 38 7:00 0/ 13 3:00 /g 7 11:00 35 7:15 „20 y 3:16 /6,o 11:16 c./U 7:30 01 10 3:30 / 4; 0 11:30 34, 7:46 111= — 3:46 / Gj 3 11:45 .7 3 8:00 / v 7 4:00 ;;2 36. Midnight ,,2 3 d g . .. BROOKSHIRE'S TRIP GENERATION WYLIE, TEXAS Trips In Out % ADT ADT 5020 2510 2510 100.0% AM Peak of Generator 442 217 225 8.8% PM Peak of Generator 488 259 229 9.7% AM Peak of Street Traffic 80 54 26 1.6% PM Peak of Street Traffic 414 211 203 8.2% Existing Proposed Brookshire's Physicians I Clinic Total Time SH 78 SH 78 % ADT Volume In Out Volume In Out _ Volume In Out I 6-7 AM 697 765 4.0% 201 141 60 6 5 1 207 146 6111 11 �� 7-8 AM 810 835 2.0% 100 50 50 35 27 8 135 77 58 8-9 AM 559 620 5.0% 252 126 126 18 9 9 270 135 135 1 9-10 AM 535 610 6.0% 302 151 151 9 5 *4 311 156 1551 10-11 AM 566 640 6.0% 302 151 151 9 5 4 311 156 155 11-12 PM 622 710 7.0% 352 176 176 21 16 5 373 192 1811 12-1 PM 733 840 9.0% 451 221 230 82 48 34 533 269 264 i. 1-2 PM 684 770 7.0% 352 176 176 24 5 19 376 181 1951 2-3 PM 680 765 7.0% 352 176 176 9 3 6 361 179 182 3-4 PM 743 830 7.0% 352 176 176 9 3 6 361 179 182 4-5 PM 969 1055 7.0% 352 176 176 18 4 14 370 180 190 5-6 PM 1132 1230 8.0% 402 205 197 47 16 31 449 221 228 6-7 PM 817 950 10.0% 502 266 236 9 2 7 511 268 243 7-6 AM 2106 2260 15.0% 748 319 429 - - - 748 319 429 Total 11653 12880 100.0% 5020 2510 2510 296 148 148 5316 2658 2858 _ NOTE:`Proposed SH 78'traffic are the traffic volumes anticipated on SH 78 later its year when the 8rookstiire's snore Is fully open and operational-_ 4C-3 Warrant 1, Minimum Vehicular Volume The Minimum Vehicular Volume warrant is intended for application where the volume of intersecting traffic is the principal reason for consideration of signal installation. The warrant is satisfied when, for each of any 8 hours of an average day, the traffic volumes given in the table below exist on the major street and on the higher-volume minor- street approach to the intersection. An "average" day is defined as a weekday representing traffic volumes normally and repeatedly found at the location. MINIMUM VEHICULAR VOLUMES FOR WARRANT 1 Vehicles per hour on Number of lanes for moving traffic Vehicles per hour on higher-volume ml- on each approach major street(total of nor-street approach Major Street Minor Street both approaches) (one direction only) 1 1 600 160 2 or more 1 600 150 2 or more• 2 or more 000 200 1 2 or more 600 200 These major-street and minor-street volumes are for the same 8 hours. During those 8 hours, the direction of higher volume on the minor street may be on one approach during some hours and on the opposite approach during other hours. When the 85-percentile speed of major-street traffic exceeds 40 mph in either an urban or a rural area, or when the intersection lies within the built-up area of an isolated community having a population of less than 10,000, the Minimum Vehicular Volume warrant is 70 percent of the requirements above, 4C-3 Rev. 3188 1 C 4G-4 Warrant 2, Interruption of Continuous Traffic .r The Interruption of Continuous Traffic warrant applies to operating conditions where the traffic volume on a major street 1s so heavy that traffic on a minor intersecting street suffers excessive delay or hazard in entering or crossing the major street. The warrant is satisfied when, for each of any 8 hours of an average day, the traffic volumes given in the table below exist on the major street and on the higher-volume minor- street approach to the intersection, and the signal installation will not seriously disrupt progressive traffic flow. MINIMUM VEHICULAR VOLUMES FOR WARRANT 2 Vehicles per hour on Number of lanes for moving traffic Vehicles per hour on higher-volume mi- on each approach major street(total of nor-street approach Major Street Minor Street both approaches) (one direction only) 1 1 760 76 2 or more 1 900 76 2 or more 2 or more 900 100 1 2 or more 750 100 These major-street and minor-street volumes are for the same 8 hours. During those 8 hours, the direction of higher volume on the minor street •''-N may be on one approach during some hours and on the opposite approach during other hours. When the 85-percentile speed of major-street traffic exceeds 40 mph in either an urban or a rural area, or when the intersection lies within the built-up area of an isolated community having a population of less than 10,000, the Interruption of Continuous Traffic warrant is 70 percent of the requirements above. MEMORANDUM DATE: June 19 , 1991 TO: City Council FROM: Bill Dashner , City Manage RE: Discuss and Consider Revi ing and Approving Detailed Specifications for an Emer ency Communication System For the Police Department and Fire Department and 911 For the last two (2) weeks the Police Chief , the Fire Chief and an expert from Motorola have prepared detailed specifications for the Communication System for the Police , Fire and 911 communications . It is my 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 . We have decided to purchase furniture as a separate item. We believe money can be saved by purchasing the furniture separately from the bid itself . Attachment: Detailed Specifications • M E M O R A N D U M TO: Mr . Bill Dashner, City Manager FROM: Johnny Holley, Acting Chief of Police DATE: June 18, 1991 RE: Radio Specifications, Attached is a copy of radio specifications for your approval . Chief Lynch and myself have gone over them and feel that everything is in order . JH:cb Attachment: CITY OF WYLIE, TEXAS , � SPECIFICATIONS AND CONDITIONS RADIO COMMUNICATIONS EQUIPMENT Intent of Specifications It is the intent of these specifications to set forth the minimum requirements for the purchase and performance of Radio Communications Equipment for te City of ,r.;,, ; .=. . The majority of the equipment will be utilized by the Police, Fire and Public Works Departments . The component specifications are minimum specifications and are intended to ensure reliable, high quality, available, readily repairable equipment with minimum nisi. of obsolescence . Items in these specifications which materially contribute to equipment performance and reliability will not be compromised . Bidders shall offer that equipment which meets or exceeds the following specifications or an accepted e,lual . Determinations to accepted equal will be made solely by the City of Wylie . FAILURE TO DETAIL ALL SUCH DEVIATIONS WILL PROVIDE GROUNDS FOR REJECTION OF THE ENTIRE PROPOSAL AS UNWORTHY OF FURTHER CONSIDERATION . All costs to provide system capability as required in these specifications shall be included in the basic bid price . Bids which contain add-on costs for items which are specifically called for in the specifications will be rejected . Award Criteria The award of this bid will be based on an analysis of the following criteria : A . Evaluation of the bidder ' s understanding of the user ' s needs . B. Manufacturer ' s product performance history . C. Cost. D. Bidder ' s service organization and parts support . E. Ability and facilities of bidder to produce the equipment requested and in the time frame • • • • • V The contract shall be awarded to the responsible bidder best meeting these criteria . The City may, at its discretion, reject any or all bids or accept any one bid which in its opinion best - serves its interest . Only new, unused equipment in current production by manufacturers with at least ten ( 10 ) years experience in this field will be considered . The equipment shall be of the latest design and in current production. EACH PROPOSAL SHALL INCLUDE MANUFACTURER ' S MODEL NUMBERS OR SPECIFIC IDENTIFICATION AND SPECIFICATION SHEETS. Warranty The bidder shall warrant that all equipment shall conform to its published specifications, and be free from defects in material, workmanship and title . All equipment, unless stated elsewhere in this document, shall be warranted for a minimum of one ( 1 ) year for parts and one hundred twenty ( 120 ) day.; for labor . Terms of Payment The bidder shall offer a tax-exempt lease-purchase agreement with provisions for the City to make five ( 5 ) annual payments . The first annual payment will be payable within 60 days of equipment delivery . Delivery Bidder will state date of delivery in the bid response . Equipment delivery schedule is critical . A delivery schedule which is unacceptable will be considered as sufficient cause for rejection of the bid . Parts The bidder shall maintain a stock of replacement parts for each item included in this equipment and shall guarantee to make available such part, or parts, as may he required for a period consistent with the life of the equipment or for a period not less than seven ( 7 ) years . If one of these items or components becomes obsolete, it shall , be the responsibility of the contractor to provide a device that will appropriately replace the unit if replacement parts are ordered. All parts used in the equipment must be capable of being ordered and shipped to the contractor ' s installation and maintenance facility within a twenty-four ( 24 ) hour period on an emergency basis . Instruction Manuals and Operational Guides A comprehensive installation and instruction manual shall be supplied with the radio equipment . The manual shall provide sufficient concise information, including schematics, trouble- shooting diagrams, layout drawings, printed circuit board overlays, test and alignment procedures, interconnection diagrams and parts list, to permit quick and efficient maintenance and repair of the equipment by a competent radio communication technician . Each item bid which requires manual operation shall be represented by an operational guide or manual . It shall be complete in detail to expiain the functions and order of sequence required for proper operation. Pic u_ti with location of function devices shall be part of these materials . Term of Validity All bids must remain valid for a period of sixty ( 60 ) days from bid opening date as stated . Maintenance Bidder must state in the formal bid response, the name and capabilities of the service facility which will provide any and all service to the equipment . ' If this facility is not wholly owned by the bidder, a copy of the agreement between the bidder and service facility shall be submitted with the bid . This agreement shall clearly show the nature and duration of the agreement, and when it commenced between the parties . EQUIPMENT COMPATIBILITY All radio equipment bid must be compatible with the existing mobile and portable radio equipment currently being used by the City of Wylie . • • • • • • • • • • • LIST OF USERS The bidder must supply a list of current users of similar equipment within the Dallas-Ft . Worth area. The list shall contain the names of contacts, addresses, and phone numbers . LICENSING The vendor shall aid purchaser in obtaining all necessary FCC licensing . BIDDER QUALIFICATION Each bidder submitting a bid shall meet and include documentation regarding the following qualifications : A . Bidder shall have actively engaged in the manufacture, installation and maintenance of commercial FM two-way radio equipment for a minimum of ten years . B. Bidder has supplied and installed a minimum of five systems of equal scope and complexity which have been continuously operating satisfactorily for a minimum of three years . These systems must be included on the required 1i.st and .identified . C. By submitting a bid, the bidder certifies that they fully understand all of the requirements included in the bid specifications for the radio equipment and that they fully informed as to the nature, scope and location of work to be performed, and the type of equipment necessary for successful performance of this syL;tcm , INSURANCE The contractor shall take out and maintain during the life of the contract full insurance coverage . Coverage shall include, but shall not be limited to the following : 1 . WORKMEN 'S COMPENSATION: Coverage A - Statutory Coverage B - $100, 000 . 00 J7 2 . COMPREHENSIVE GENERAL LIABILITY: Public Liability - Each Person - $100, 000 . 00 Each Accident - 300 , 000 . 00 Property Damage - Each Accident - 50, 000 . 00 Aggregate - l00 , 000 . 00 PERFORMANCE BOND The successful bidder shall , at no additional cost to the purchaser, furnish a Performance Bond in the amount of one- hundred percent ( 100%) of the total price . Such bond shall be issued from a reliable surety company, licensed to do business in the state and acceptable to the purchaser . EXCEPTIONS Any exceptions beyond these specifications must be stated in the formal bid letter . Explanation must be made for each item for which exception is taken, giving in detail the extent of the exception, and the reason for which it is taken, in order for consideration to be given to the. bid . TRAINING The successful bidder will provide the training necessary for personnel to adequately operate the equipment . SITE EXAMINATION Bidders are required to examine the sites where work is to be performed and to make all necessary investigations in order to become thoroughly familiar with conditions relating to materials, supplies and equipment to be furnished in accordance with these specifications . Failure to make such an investigation, on the part of the bidder, will not be grounds for additional claims or for an extension of time under. this contract and furthermore, will not relieve the bidder of his responsibility for meeting all requirements of these specifications . EQUIPMENT SPECIFICATIONS TABLE OF CONTENTS Section I Base Station Modification Section II Low Band Base Station Section III Intercity Base Station Section IV Communications Control Console Section V VHF Portable Radios Section VI VHF Alert Monitor Receivers Section VII Low Band Mobile Radio: SECTION I -- BASE STATION MODIFICATION The City of Wylie currently uses a Motorola MSR 2000 base station transmitting and receiving on a single VHF frequency . The City expects to be granted an additional frequency from the Federal Communications Commission for repeater operation . Each bidder shall propose the necessary equipment, including duplexer, miscellaneous parts, and labor to modify the above base station for use as a repeater station. The existing antenna system shall be utilized . • • 149 SECTION II - LOW BAND BASE STATION The base station shall be solid state and frequency synthesized. It shall be capable of transmitting and receiving in the 36-42 MHz frequency range . The station shall be capable of multiple frequency operation and shall include digital tone coded squelch capablility . The station shall be a completely self--contained, compact unit • occupying a minimum amount of space . An "in cabinet" installed tone remote adapter shall be included to allow the station to be controlled by the radio console and an off premises desk set . The station shall be wall --mounted and i.nsi:alled in the radio equipment room at the City ' s municipal building using the existing antenna system. The successful bidder shall provide and install a tone remote desk set at the Public Works office and shall interface it with the radio console . The City shall be responsible for leasing the necessary telephone circuits . The existing desk sets in the Finance and Code Enforcement offices shall be intefaced with the low band base station. TECHNICAL SPECIFICATIONS General Quantity : one ( 1 ) RF Output : 45 watts Number of Frequencies : sixteen ( 16 ) Squelch : digital tone coded Duty Cycle : intermittenL Transmitter Frequency Separation 6 MHz Spurs & Harmonics . -59 dB Audio Distortion : 596 Receiver Channel Spacing 6 MHz Intermodulation 80 dB Selectivity 80 dB Sensitivity . 3 microvolts Spurs & Image Rejection 80 dBs Audio Output 3 watts Audio Distortion less than 5% SECTION III - INTERCITY BASE STATION The base station shall be solid state and designed to transmit and receive in the 146-174 MHz frequency range . The station shall be a freestanding unit with front side access to all modules for ease of servicing . The primary operating voltage shall be 120 VAC, 60 Hz and the station shall operate by remote control . Two separate single-frequency receivers shall be supplied with provision for muting the second receiver whenever the first receiver squelch is opened. Additionally, provision shall be made for muting or attenuating the second receiver via remote control . Four-wire audio shall be available in which one pair of lines is used for receiver audio and one pair for transmitter audio and control , or this option shall provide for separate 600-ohm audio to a second receiver in the station . The base station shall be installed in place of the existing Motorola Motrac Base Station . TECHNICAL SPECIFICATIONS General : Number of Frequencies : one ( 1 ) transmit and two ( 2 ) receive Duty : intermittent RF Output: 110 watts Squelch : carrier squelch Type of Control : tone remote Transmitter : Output Impedance : 50 ohms Frequency Stability : +/ . 0005% from -30 C to +60 C Spurious & Harmonics : -85 dB Modulation: 15F2 and 16F3 FM Noise : -55' dB Audio Response : +1, -3 dB from 6 dB/octave pre- emphasis, 300--3000 Hz; referenced to 1000 Hz Audio Distortion: less than 2% at 1000 Hz, 60% system deviation • 1021 ) f Receiver Channel Spacing: 30/25 KHz Frequency Stability : +/- . 0005% from -30 C to +60 C Sensitivity : 20 dB Quieting: 0 . 5 uV EIA SINAD: 0 . 35 uV Intermodulation: EIA SINAD: -85 dB Spurious & Image Rejection: -100 dB Squelch Sensitivity : 0 . 20 uV or les5 at. threshold Selectivity : EIA SINAD: -100 dB SECTION IV - COMMUNICATIONS CONTROL CONSOLE GENERAL CHARACTERISTICS ERGONOMIC DESIGN The console shall be designed to enhance the operator ' s capabilities by minimizing the effort and concentration required for radio control . This shall be accomplished by the use of dedicated radio control modules at the operator console . Each radio channel shall have its own permanently located control module . Each radio channel control shall be labeled in words . Each function on each control module shaJ1 have its own color coded switch and associated LED indicator . Only single keystroke operations shall be required to 'activate ail primary controlling functions . ELECTRICAL FEATURES -- SOLID--STATE CIRCUITRY The electronic circuitry employed throughout the console shall utilize solid-state circuitry and be microprocessor based. The only exception allowed shall be relays For external interfaces and switches . EQUIPMENT INTERCHANGEABILITY For ease of service and reduction of spare modules, all similar boards shall be completely interchangeable with minor adjustments . STANDARD ELECTRICAL FEATURE EXPANSION Field expansion of features shall be accomplished by the modification of PROM information and the addition of the required front panel switches and/or indicators to control the added features . MECHANICAL FEATURES -- MODULAR PLUG-IN DESIGN All modules shall be of plug-in modular circuit board construction. The plating material at the circuit board edge where plug-in contact is made shall be gold over nickel over copper to provide maximum reliability . Ali copper traces on the circuit board shall be covered with a protective material . SYSTEM CONCEPT The console system shall consist of a desktop operator position which is aesthetically compatible in an office type environment . This operator position shall be a stylized enclosure, not a rectangular box . Since space is at a premium, this console shall occupy no more that 196 square inches of deskspace ( 14 3/8 inches wide by 13 5/8 inches deep ) . In order to . facilitate the viewing of background information, the console shall be no more than 9 1/2 inches high. For operator safety and ease of maintenance, the base station termination points shall not be located with the desktop console . Rather, they shall be located in a small remote electronics cabinet which can be located , a maximum of 50 feet from the console . This cabinet shall also house the electronic boards which interface the operator position to the base stations . All base station interfaces shall be three terminal spark gap protected . SYSTEM CHANNEL CONTROL The console system shall incorporate the circuitry required to operate multiple remotely controlled single transmitter, single receiver base stations (dual receiver and multi-receiver capability shall also be available ) . This control shall take the form of plug-in printed circuit boards under microprocessor control , the related microprocessor circuitry, digital automatic level control circuitry, a line driver amplifier, both two and four wire line termination transformers, and fault detection circuits . The module shall be capable of controlling a base station via DC, tone, or E&M relays . TONE CONTROL The tone remote control system shall be operable over wire links . Two timed, sequential tones shall be used to effect the control . The first tone shall be uniform in frequency and phase throughout the console system. The second tone, function tone, shall control the base station to perform certain radio control functions . OPERATOR CONSOLE The operator console shall consist of a Master Control Area and a Channel Control Area . The Master Control. Area shall be used for those functions and controls which are shared between channels . The Channel Control Area shall provide the capability to mount up to 8 single width channel control modules . A smaller number of multiple width channel control modules shall also be available . For ease of service and maintenance, the console electronics shall be easily accessible . The back cover of the unit shall be removable for this purpose . No more than four screws shall be required to gain access to the electronics within the console . The electronics boards within the unit ;_shall be connected via plug-.in cables and be easily serviced and removable, if required. MASTER CONTROL AREA The Master Control Area shall be located within the operator console . Individual switches and indicators for each function, properly labelled and color--coded, shall he provided . Two single width modules shall be available in the Master Control Area for these switches and indicators . Indicator:- with common row and/or column labels shall not be acceptable; nor shall a switch arrangement that requires multiple keysl..r okes to obtain commonly • used functions be acceptable . Two speaker/amplifiers shall be provided on the console . both speakers shall face forward, toward the operator . Side, rear, or top facing speakers shall not be acceptable . The left-most speaker shall reproduce the audio from the channels which have been selected for operation. t:he r ighL--most speaker shall reproduce the audio from all the other active channels in the console . Each speaker amplifier shell contain a guardt.one filt:er and a volume control . A six-digit time display shall be provided at the operator position. Either a 12 or 21 hour display format shall be available . A LED bar--type VU display shall be provided . The VU display shall employ red LED ' s and shall respond to microphone audio during transmit and to selected received audio when not transmitting . A 17-button keypad shall be provided . The keypad shall be used when setting the time, performing a selective call , or performing diagnostic inquiries . The buttons shall be labelled 0-9, *, #, and A - D . • .516 • A transmit switch, color coded red, shall be provided . The switch shall key the transmitter ( s ) only on the selected channel ( s ) . A squelch disable switch shall , be providr;7 to disable the • coded • squelch in base station receivers . This switch shall permit the operator to monitor the selected channel ( s ) before transmitting. • CROSSPATCH • A CROSSPATCH function shall be provided . This shall permit patch control of two or more radio channels by the console operator . A maximum of 3 separate and distinct patches shall be capable simultaneously. MULTI-SELECT One interlocking switch shall be provided on the panel to permit the console operator to simultaneously select two or more channels for transmission and reception. The selected combination shall be held in memory for quick recall by pressing the multiselect at a later time and is especially useful for All Points Bulletin type usage . MULTI-SELECT INSTANT TRANSMIT One switch shall be provided . this function shall provide a single keystroke instant transmit function for those channels stored in the memory of the associated multi-select . the operator shall not be required to change the select configuration of the console or to recall those channels from memory in order to use this function. BASE INTERCOM An intercom switch and indicator shall be provided to permit the console operator to intercom to a base station site or other parallel dispatch points which are connected to a base station without keying the channel . In order to intercom to a base station, the operator shall first select the channel via the select switch on the channel control module and- then press the intercom switch. The operator may tall; to that station as long as the intercom switch is pressed . The operator must release the switch to listen. COMMON CHANNEL CAPABILITIES The following common channel options shall be available for the Master Control Area . FIRMWARE ALERT TONE An alert tone switch and indicator shall be provided on the panel that places a 1004 Hz tone burst onto the selected channel (s) when pressed . The channel will he held open for 1 second after completion of the alert tone . In order to prevent excessive base station keying, the console will time out after this 1 second interval and the station shall de-key if a transmit function is not activated within this interval . MUTE A timed unselect all mute switch, color coded orange, and indicator shall be provided on the panel that mutes all console unselect audio by 42 dB after the switch is pressed . The audio shall be automatically restored to previous levels after 30 seconds when the switch is pressed a second time . This automatic timer shall be field adjustable up to 25!: seconds via a PROM change . PAGING AND SIGNALLING In order to conserve space, all paying encoders shall be mounted within the console . No external paging/encoding units shall be required . In all paging formats, the time display shall prompt the operator to enter the correct paging code from the central keypad once the PAGING switch is pressed . The desired channel for signalling shall be indicated by pressing the prooei SELECT switch (and frequency switch for multi-frequency sLakions, if present ) . The signalling codes shall be transmitted when the panel mounted SIGNAL switch is pressed . The. channels shall remain keyed for 1 second after the signalling tones are complete . In order to save pager battery life, i :. a transmit fnnrc ' .:ii ni;t- p u=sed within this 1 second interval , the console will time out and the paging sequence must be reinitiated . The console shall have the, capability of paging existing "Plectron" coded pagers and future Motorola coded pagers . SIGNAL SWITCH A SIGNAL switch, color coded red and a MANUAL ENTRY switch, color coded white shall be provided to operate in conjunction with the signalling capabilities listed below . These switches shall be used to initiate the desired signalling sequence . Two LED's shall be provided to indicate when► the signalling sequence is complete and a voice message may begin . A repress of the signal switch .-;hall .autC)f1a ; c;i ' `Y #'�t:=fT;i C Y"t-�11C117: y enterd signalling format/paging code . PAGING ENCODER A PAGING switch and indicator shall be provided on the panel that will permit the operator a tone " l +; " selective call . The encoder shall generate the 238 commonly used tones between 288 . 5 and 3062 . 0 Hz . DTMF SWITCH A DTMF switch and indicator shall be provided on the panel that will permit the operator to transmit a DTMF selective call . Up to a 12-digit code may be entered . The encoder shall generate all 16 DTMF codes . SINGLE-BUTTON SIGNALLING A SINGLE-BUTTON SIGNALLING function shall be provided. This function shall allow the operator to use a single button to automatically call an individual on the correct channel with the correct signalling format . Each single-button signal option shall provide a single switch with a custom label to indicate who or what is being signalled . The operator shall be able to modify the signalling formats or change a channel stored in memory at any time with the controls at the console . Up to 64 of these buttons shall be available at each opertor position. In order to conserve space, an externa] encoder shall not be allowed to implement this feature . SEQUENTIAL PAGING SEQUENTIAL PAGING shall be provided . The operator shall be able to press up to ten single button signalling switches . When the - signal button is pressed, the console will automatically send out the series of preprogrammed pages on the correct channels in the order they were entered . The radio channels shall be held open for a voice message transmission on all the selected channels . In the event that one of the channels was busy, the operator will be notified by a flashing LED and he/she must call that channel again by pressing the SIGNAL switch . in order to conserve space, an external encoder shall not be allowed to implement this feature . 1 HARDWARE • NOTE: The console ' s microphone circuitry shall include a speech filter that is tuned to the guardtone frequency . • GOOSENECK MICROPHONE A high quality cardioid pattern GOOSENECK MICROPHONE shall be provided on an 11 inch flexible arm. The microphone may be placed on either side of the console . Ii. is not required that this microphone be unusable near CRT di sc.i r,y: . FOOTSWITCH A footswitch shall be provided, to permit the console operator to key the selected channel or to disable the coded squelch within the base station without the use of hands . HEADSET JACK One headset jack shall be provided to allow the operator to respond via microphone attached to the headset . Inserting the headset plug into the headset jack shall automatically disconnect the console microphone . A volume control .Iha1L affects only the headset audio level shall be provided on the headset jack assembly. A headset is not to be provided . LOGGING RECORDER OUTPUT Two separate logging recorder audio outputs shall be provided. • One output shall be on an operator basis, consisting of mixed selected receive audio and the operator ' s transmit audio . The other output shall be available on a channel basis, consisting of the transmit and receive audio on that channel only . MOMENTARY OUTPUT SWITCH WITH ONE LED INDICATOR A Form "C" relay output at the. operator position (push and hold operation ) shall be available to control a device near the console . Three ( 3 ) switches will be necessary to control doors leading to the jail area . The City will be responsible for providing the necessary wiring to the console . CONSOLE CHANNEL CONTROL AREA The channel control area shall be located within the console and shall contain modules with functions and controls used to control individual base stations, monitor receivers , phone patches, etc. Individual switches and indicators for each function, properly labelled, shall be provided for each base station. Indicators with common row and/or column labels shall not be acceptable . A switch arrangement that r. eru i re:= :,gin i r. ul e .ey,s.tro',!e to obtain commonly used functions shall not be acceptable . Switches shall be color-coded by function: red for transmit, green for select, orange for mute or volume, and white for miscellaneous switches. The channel control area shall provide the capability to mount up to 8 single width individual channel control modules . Each single width control module shall provide o mounting area for up to 8 control switches CHANNEL CONTROL MODULE Each operator channel control module shall contain the specific switches and indicators required to control the corresponding base station, monitor receiver, phone patch, etc. Normally, one base station, monitor receiver , etc . shall be contrr,llecl by n single channel control module at the console position and a corresponding base station interface module in the remote electronics . At times, the quantity of controls may require that a second module be added . In these situations, it shall be understood that the channel control module terminology shall refer to the aggregate . The following switches and indicators shall be available on each console channel control module : CALL INDICATOR One CALL indicator shall be included on a base station channel control module for each receiver in the base station. SELECT A green color coded SELECT switch and greed indicator shall be provided on each base station channel control module . Pressing the switch will route receive audio to the Select speaker and will route microphone audio and PTT signals to the corresponding base interface module . / VOLUME SWITCH One VOLUME switch, color coded orange, with dual indicators and associated volume knob shall be provided on each base station channel control module for each receiver in the base station. When the Volume Full indicator is lit, the Audio routed to the speaker /amplifier shall be at Eull level . When the Volume Adjust indicator is lit, the audio routed to the speaker/amplifier shall be at the level determined by a. rotary level control which is also located on the channel control module . The rotary level control shall provide 8 distinct volume levels . The volume level shall automatically revert to the full level when the corresponding SELECT switch is depressed, although the operator may manually switch to the variable 1ev,?. Lter selecting the channel . Two volume switches and• indicator pairs plus two rotary level controls shall be rarevlded on each (Mal receiver channel control. module . BUSY INDICATOR A BUSY indicator shall be provided on each base station channel control module . The indicator shall be illuminated whenever any parallel controller rcffirie ';t.=it'.ian is transmitting on the channel . TAKEOVER A switch with indicator shall be provided to disconnect parallel connected remote controllers from the base station, thereby providing supervisory control . The switch shall control a suitable switching relay in the remote electronics . Disconnected controllers shall not be able Lo communicate with the console system or the base station until reconnected by the console operator . On 4-wire stations, only Lho transmit path shall be broken. MULTI-FREQUENCY TRANSMITTERS When multi-frequency transmitters are present in the system, their channel control modules shall be provided with frequency control switches . For two frequency stations , a dual indicator labelled Fl -- F2 and a single control switch shall be provided . All two receiver stations shall appear to the operator as being two distinct single frequency stations . Special lock-out features shall prohibit the operator from placing both of the control modules into a patch or multi-select condition. SIMPLEX PHONE PATCH The phone patch capability shall incorporate the circuitry required to conect a public switched telephone line to the control center . The module will allow a telephone caller to . carry a conversation directly with a two--way radio user . One phone patch channel con!_rol moclu_'_ t_ pl ov d,:d Lor each phone line patch capability required at the console . The phone patch channel control module shall contain all the controls normally found on a channel control module, plus two switches that permit the operator to force the direction to the patch if a noisy phone line or radio link is encountered . The phone patch channel control module shall be the same size as one channel control module . A registered protective couplerlshall be provided for direct connection to a telephone with anexclusion key . No acoustic or inductive coupling to the telephone system will be permitted . All the base station .control specifications shall be met except that a 3 dB signal attenuation in the coupler or interface shall be allowed . AUXILIARY CONTROL Option modules containing eight dual indicators shall be provided for the installation of up to eight switches and/or indicators . The option module shall he the same size as a channel control module . " FAULT MAINTENANCE . The console shall be designed such that continuous diagnostic tests are performed to ensure .' that the console is working properly . WARRANTY The console shall include a 12 month coverage from the date of shipment on parts and firmware . The City of Wylie shall be r,__;i,c,n.; LLIO tor romovinVmailing/reinstalling modules . INSTALLATION The console shall be installed in the Communications Room at the City ' s municipal building in place of the existing console . In addition to the stations already described in the specifications, an existing Motorola Mitrek Super Consoiette Base Station shall be inter faced with the console . SECTION V -- VHF PORTABLE RADIOS The portable two-way radio shall be synthesized and operate in the 146 to 162 MHz band and be capable of transmitting and receiving on two ( 2 ) channels . It shall be of small size and weight and of rugged construction for durability and reliable operation. The portable radio unit shall be eauipued with a universal connector for remote smeaker microphone . It shall be field programmable utilizing EEPROM code plug, permitting operating characteristics to be changed within the subband without opening the radio . The radio unit shall exceed Military Standards 810C and D including Method 506 . 1 prodecure 11 for rain. It also shall meet all EIA RS316B specificatisi,:: , The design shall employ 0-ring gaskets to provide protection from water and dust intrusion and resistance to shock and vibration. The portable radio unit shall permit wide-space transmit and/or receive frequencies can be separated by up to F; MHz with no degradation of performance . There shall be a 50 ohm antenna jack and the radio shall also have a speaker jack that can accomodate varied audio accessories . Bidders shall include a heliflex antenna . The unit shall have universal capability without any modifications . It shall be easily connected to remote accessories ( i . e . headsets, microphones, etc. ) . When external accessories are used, the internal microphone/speaker shall , be automatically disabled . Digital Tone Coded Squelch The radio shall contain a hybrid tone code encoder/decoder utilizing monolithic integrated circuits to permit radio - operation in a tone coded squelch system . The equipment shall meet or exceed the latest FCC standards . Time-Out Timer The radio shall include an automatic timing circuit which automatically terminates the transmitter after sixty ( 60 ) seconds of continuous keying . The radio shall emit an audible alert tone to the operator of this condition. ? Controls Controls shall be mounted for easy They shall include an 11on-off_" volume control and a squelch control . A transmitter weather "push-to-talk" switch shall he provided on the side of the unit . A separate control switch shall be provided to select any pair of operating frequencies . IL shall select one transmitter and one receiver simultaneously . A switch to disable the tone coded squelch shall be provided to permit channel monitoring before transmitting . The radio shall also provide LED indications of the following conditions : 1 . channel busy light 2 . transmit indicator 3 . battery status indicator Battery The radio shall include a rapid charge nickel-cadium battery capable of being recharged in one ( 1 ) hour . The battery shall be easily and quickly removed from the unit . Battery life, based on a 5% transmit / 5% receive / 90% standby duty cycle, shall provide a minimum of eight ( 8 ) hours of operation. A belt clip shall be included with each radio . TECHNICAL SPECIFICATIONS General Quantity : four ( 4 ) ) Number of Frequencies : two ( 2 ) Frequency Range : 146 to 162 MHz Squelch : tone coded, digital tone coded, and carrier squelch RF Output : five ( 5 ) watts (exact frequencies provided upon ,award of bid ) • C.00( Transmitter Frequency Separation : 6 MHz Frequency Stability ( -30C to + 60C, 25C ref . ) : +/- . 0005% FM Noise . -45 dB Modulation : 20KOF2D, 20KOF3E Audio Response ( from a 6 dB Octave Pre- emphasis, 300-3000 Hz ) : +1, -3 dB Audio Distortion : 5% @ 1000 iL Receiver Channel Spacing : 30 kHz Modulation Acceptance : +/- 7 . 5 kHz Frequency Separation : 6 MHz Sensitivity 20 dB Quieting : . 35 uV 12 dB SINAD . . 25 uV Squelch . . 18 uV Selectivity (EIA SINAD) . -70 dB Intermodulation . -70 db Frequency Stability ( -30C to +60C, 25C ref . ) : +/- . 0005% Spurious Rejection . --70 dB Image Rejection. : -65 dB Audio Output ( less than 5% distortion ) : 500 mld SECTION VI - VHF ALERT MONITOR RECEIVERS The receiver shall be capableof receiving tranmitted tone . alerting signals plus voice communications . The receiver shall also have the capability of switching to the channel-monitor mode automatically after alerted, or manually, enabling the user to - hear all on-channel transmissions . It shall be possible to add a second frequency to the radio at a later date with maximum of three parts . The receiver shall incorporate narrow-band active filter audio amplifiers for tone decoding purposes . The receiver shall be completely solid--state . The receiver shall further incorporate a separate alerting--tone oscillator to assure a clear , loud alert tone even in a weak signal area . A visual alert will also be provided . When in the alert mode, the receiver shall indicate the condition of its batteries by emitting a momentary tone each time the receiver is turned on. In addition, the receiver shall be in compliance with NFPA Standard 1221, Section 3--11 . 3 . 6 having an automatic audible alert o indicate weak batteries during operation. A visual low battery alert shall also be provided until the battery is recharged or replaced . The receiver shall operate on a specific; frequency within the 132-174 MHz band. The tone volume shall be fixed; audio volume shall be adjustable by means ofa single continuously variable volume control . Squelch sensitivity shall be internally adjustable by means of a squelch control . The receiver shall meet or exceed all EIA drop standards fo►:- portable personal radio equipment, MIL SPEC 810D Procedure II for rain, and NFPA Standard 1221, Section 3-11 . 3 . 4 for radio operation while wearing gloves . • A total of thirty ( 30 ) receivers t:l-,:,1 i u: F-7pn1 i ed . A rechargeable nickel-cadium battery and an AC battery charger shall be supplied with each receiver . A five ( 5 ) year parts and labor mail. -in warranty will be included with each receiver . The receiver shall further comply with the following specifications : SIZE: The dimensions of the receiver shall not exceed 3 . 8"H by 2 . 4"W by 0 . 9"D ( 96 X 61 X 23mm) less carrying clip. • • • • • • WEIGHT: The weight of the receiver shall be no greater than 5 . 2 ounces ( 148 g) when used with a nickel- cadium battery . AUDIO OUTPUT : The audio power of the receiver at 1 KHz shall be al least 200 miliwatts at less than 10% distortion . The Hiudio output shall be at least 90 dB SPL average from 300 to 3, 000 Hz at 12 inches . TONE OUTPUT: The tone power of the receiver shall be at least 200 m.il. ? iwatts . The Lone output output shall be at least 93 dB SPL at 12 inches . RF SENSITIVITY : ( Voice ) EIA SINAD: 0 . 25 uV 20 dB Quieting: 0 . 35 uV ALERTING SENSITIVITY: 0 . 10 Uv SQUELCH SENSITIVITY: 0 . 12 Uv FREQUENCY Frequency stability shall be within +/- 0 . 0015% STABILITY : of the assigned center frequency over the operational band, from - i0C to +50C ambient ( +25C reference ) . EIA SELECTIVITY : 70 dB down at f/-- 30 KHz . SPURIOUS AND IMAGE: Spurs shall be attenuated at least 50 dB below carrier . CHANNEL SPACING : The channel spacing shall be at 30 KHz . TWO FREQUENCY SEPARATION : 3 MHz with no degradation . C.5S SECTION VII - LOW BAND MOBILE RADIOS The radio set shall be solid-state and designed to operate in the 36-42 MHz frequency band. It shall be a small , compact radio capable of dash mounting with housing constructed of durable polycarbonate . The radio must perform under the most adverse conditions . IT MUST SURVIVE MILITARY STANDARDS 810 C AND D FOR SHOCK AND VIBRATION . The radio set shall include mounting har(iware and mobile antenna. Controls All radio controls shall be front mounted and accessible to the operator . All controls shall be easily recognizable to the operator and permanently labeled. The radio shall include the following controls : 1 . on/off switch 2 . busy indicator 3 . LED transmit indicator 4 . channel selector switch 5 . lighted channel selected indicator 6 . monitor switch Microphone The radio set shall include a small , compact microphone . The . microphone shall have a three ( 3) foot coiled cord with connector Liu LhdL IL can be easily removed from the radio . Time-Out Timer The radio set shall include a sixty ( 60 ) second time-out timer . This circuit shall automatically disable the transmitter if keyed continuously for for than sixty ( 60 ) seconds . It shall automatically be reset each time the microphone push-to-talk is depressed . Field Reprogrammability The radio shall utilize a microprocessor controlled synthesizer . It shall incorporate a reprogrammable memory module which allows frequencies and squelch codes Lo be changed . • 1 Technical Specifications General Quantity : two ( 2 ) RF Output : 60 watts Number of Frequencies : two ( 2 ) Squelch : digital tune coded, tune coded, carrier Transmitter Spurious and Harmonics : --61 dB Frequency Stability : + or - . 0005% Modulation: 16K0F3, 16K0F1D, 15K0F2D Maximum Frequency Separation: 6 MHz Audio Distortion: 5% Output Impedance : 50 ohms Modulation Sensitivity : 30 mV Receiver Channel Spacing: 20 MHz Sensitivity : 12 dB SINAD: . 30 uv Intermodulation: EIA SINAD: 80 dB Spurious and Image Rejection : 80 dB Frequency Stability : + or - . 0005% Input Impedance : 50 ohms Audio Output: 3 watts Maximum Frequency Separation: 6 MHz • BID PROPOSAL RADIO COMMUNICATIONS EQUIPMENT In accordance with the Specifications and Conditions, the " bidder offers to furnish, install , and deliver to the City of Wylie, ToxF:s the following radio communications equipment for a total of dollars . Section I Base Station Modification for the Police and Fire Departments $ Section II Low Band Base Station for the Public Works Department $ Section III Intercity Base Station for the Police Department $ Section IV Communications Control Console for all departments $ Section V VHF Portable Radios for the Fire D'.:p. r tment $ Section VI VHF Alert Monitor Receivers for the Fire Department $ Section VII Low Band Mobile Radios for Code Enforcement $ Provide four ( 4 ) mobile radio antennas for fire department vehicles; $ Reprogram frequencies in 10 existing Motorola portable and mobile radios $ Remove a total of 18 existing mobile radios and install a total of of 16 existing mobile radios $ • • • • • 6 / j Provide proper grounding and lightning protection for all new and existing radio equipment $ TOTAL PRICE $ Brand Names of Equipment to be Supplied : Delivery shall be as stated in , the specifications and conditions and will be completed on or before days upon receipt of order . I certify that the above equipment offered meets all the requirements specified in the Bid Specifications or have noted in detail all deviations . I hereby accept the provisions of the Standard Terms and Conditions attached to Lhc Bid Specifications . Respectfully Submitted (Company Name ) ( Authorized Signature) ( Print of Type Signer ' s Name ) (Mailing Address ) (City) ( State ) ( Zip Code) 1 M E M O R A N D U M TO: Mr . Hill Dashner, City Manager FROM: Johnny Holley, Acting Chief of PoliceG DATE: June 18, 1991 RE: Office Furniture Motorola listed options for furniture such as desktops and computer stands for a cost of $6, 917 .00. After checking with several office supplies, we found that all furniture and equipment accessories can be purchased separately for a cost of $2, 172 . 00 . The following is a breakdown of furniture and cost for each item: 1 . Workstation with adjustable keyboard 60"w $329 . 00 ea x 3 = $1,137 . 00 2 . Desktop carrels 59"w $239 . 00 x 2 = $478. 00 3 . Pedestal ( file drawer ) $219 . 00 x 2 = $438 .00 4 . 90a Desk Connector $119 . 00 TOTAL $2,172 . 00 JH:cb • 61' MEMORANDUM DATE: June 19 , 1991 TO: City Council FROM: Bill Dashner , City Manager L RE: Discuss and Consider Final Payment to Pate & Pate on Phase II Sewer Line and Accept Project as Complete And Activate One Year Maintenance Bond Attached is the final payment in the amount of $47 ,912 .95 to Pate & Pate for the Phase II Interceptor which 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. The Consulting Engineer , the City Inspector and the City Engineer have inspected the work. Therefore, I recommend that this project be accepted as complete . Attachment: Supporting Documentation SHIMEK, JACOBS & FINKLEA �I ' CONSULTING ENGINEERS • 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 ROSS L.JACOBS,PE. June 3, 1991 I.C.FINKLEA,P.E. FAMES E.LAUGHLIN,P.E. RONALD V.CONWAY,P.E. JOHN W.BIRKHOFF,P.E. MATT ARMSTRONG,PE. POE R.CARTER,PE. GARY C.HENDRICKS,PE. C.L.SHIMEK,PE. Mr. Paul Beaver, P.E. Director of Engineering/Planning City of Wylie Post Office Box 428 Wylie, Texas 75098 Re: Sanitary Sewer Improvements Phase II Pay Request No. 9 & Final Dear Mr. Beaver: On May 28, 1991 we walked with representatives from the Collin County Soil Conservation District and the City of Wylie along the emergency spillway for Floodwater Retarding Structure #7 which had been block sodded and leveled by Pate & Pate Enterprises, Inc. under the Sanitary Sewer Improvements - Phase II contract. The C.C.S.C.D. representatives stated they would accept the area around Floodwater Retarding Structure #7 as being complete once the contractor had spread a small pile of dirt that was on the top of the emergency spillway over the newly sodded area at the toe of the spillway. After the contractor has completed this and all other items of work requested by the City, we recommend that this project be accepted as complete and final payment be made to the contractor. We are enclosing three (3) copies of Pay Request No. 9 & Final for the Sanitary Sewer Improvements - Phase II project for Pate & Pate Enterprises, Inc. Please find also enclosed three (3) copies of the Affidavit and Waiver of Lien and one (1) copy of the Affidavit of Bills Paid which have been executed by the contractor. This contract was substantially complete by December 15, 1990 and the contractor waited until this spring to block sod. We do not recommend and have not included any liquidated damages to be withheld from Pay Request No. 9 & Final. We are available to discuss this project at your convenience. Sincerely yours, Joe R. Carter, P.E. Enclosures cc: Mr. Doug Bisballe SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 ROSS 1.JACOBS,P.E. I.C.FINKLEA,P.E. June 4, 1991 • JAMES E.LAUGHLIN,P.E. RONALD V.CONWAY,P.E. IOHN W.BIRKHOFF,PE. MATT ARMSTRONG,P.E. JOE R.CARTER,PE. GARY C.HENDRICKS,P.E. C.L.SHIMEK,P.E. Mr. Paul Beaver, P.E. Director of Planning & Engineering City of Wylie Post Office Box 428 Wylie, Texas 75098 Re: Sanitary Sewer Improvements - Phase II Pay Request No. 9 and Final (Pate & Pate Enterprises) Dear Mr. Beaver: We are enclosing three (3) copies of Pay Request No. 9 and Final in the amount of $47,912.95 for work performed by Pate & Pate Enterprises, Inc. , on the Sanitary Sewer Improvements - Phase II project through the month of May, 1991. We have verified the project is now complete. If you concur with this estimate, please forward one (1) signed copy of it along with payment due to Pate & Pate Enterprises, Inc. Sincerely yours, ICAO. (2041, 7—V1 Joe R. Carter, P.E. Enclosures cc: Pate & Pate Enterprises, Inc. 45; 7 ' AFFIDAVIT AND WAIVER OF LIEN STATE: Texas ; . COUNTY OF: Walker Steve Pate of Pate E Pate Enterprises, Inc. ,being duly sworn,says that he is the President of Pate & Pate Enterprises, Inc. , hereinafter referred to as the "CompanyTM, 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 City of Wylie1 - Sanitary Sewer Phase II owned by City of Wylie 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 rig to a lien on account of any work performed or material furnished to said Company. -- NTERPRISES, INC. y � Steve Pate Title: President Sworn to before me and subscribed in my presence this 31 of May , 1991 ar'+Y '. KRREEt K. ftlB4trPtl (..„.,/,' a.I $' �,t NOT AUY r'',I'ti_IC ' � State, of .1,r..;r „) SI atu e 4'F Fit. Comm.Exp. 1.0 10-94 /....w:7,,.,....,.,,,..,,,,,�.....,,—f•O„r,_ I�a ren K. Co r kra n Printed•Name Notary Public, in and for the State of Texas Commission Expires: to/10/94 if .,.vl40lAUlr11VII L'JLAl1l11L' OWNER: City of Wylie, Texas ESTIMATE NO: 9 & Final PACE: 1 PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990 ORIGINAL CONTRACT AMOUNT: $ 905,513.98 1 REVISED FROM: March 13, 1991 TO: May 31, 1991 CONTRACT AMOUNT: $ 899,647.07 CONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days ' ADDRESS: 1432 Brazos Drive, Suite D Huntsville, Texas 77340 ALLOTTED: 273 USED: ALL ********************************************************************************************** Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount **************************************************-******************************************** SECTION I 1 18" SS w/Type II Embed. , 0' -12' L.F. 1,704 1,704 21.64 36,874.56 2 18" SS w/Type II Embed. , 12' -16' L.F. 275 275 22.79 6,267.25 3 18" SS w/Type II Embed. , 16' -20' L.F. 650 649 25.33 16,439.17 4 18" SS w/Type II Embed. over 20' L.F. 740 743 35.17 26,131.31 5 18" SS w/Conc. Encase, over 20' L.F. 160 160 57.97 9,275.20 * 6 15" SS w/Type II Embed. , 0' -12' L.F. 4,591 4,641 19.49 90,453.09 7 15" SS w/Conc. Encas. , 0' -12' L.F. ' 190 190 35.67 6,777.30 * 8 15" SS w/Type II Embed. 12' -16' L.F. 565 590 22.79 13,446.10 * 9 15" SS w/Type II Embed, over 16' L.F. 560 485 24.35 11,809.75 10 15" SS by other than Open Cut L.F. 50 50 96.25 4,812.50 *11 15" SS in 24" Encase. Pipe L.F. 405 100 175.95 17,595.00 *12 12" SS w/Type II Embed. , 0' -12' L.F. 724 696 16.36 11,386.56 13 12" SS w/Type II Embed. , 12' -16' L.F. 938 952 17.51 16,669.52 *14 12" SS in 20" Encase. Pipe L.F. 0 0 123.10 0.00 *15 10" SS w/Type II Embed. , 0' -12' L.F. 968 1,246 18.06 22,502.76 * (Change Order No. 1) uoNs 1NUI ioN Gb11HA1'L' OWNER: City of Wylie, Texas ESTIMATE NO: 9 & Final PAGE: 2 PROJECT: Sanitary Sewer Improvements Phase II CONTRACT DATE: January 23, 1990 ORIGINAL CONTRACT AMOUNT: $ 905,513.98 REVISED FROM: March 13, 1991 TO: May 31, 1991 CONTRACT AMOUNT: $ 899,647.07 CONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days ADDRESS: 1432 Brazos Drive, Suite D Huntsville, Texas 77340 ALLOTTED: 273 USED: ALL ********************************************************************************************** Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount ********************************************************************************************** *16 10" SS w/Type II Embed. , 12' -16' L.F. 1,752 1,388 19.61 27,218.68 *17 10" SS in 18" Encase. Pipe L.F. 140 152 124.00 18,848.00 *18 8" SS w/Type II Embed. , 0'-12' L.F. 926 887 19.15 16,986.05 19 8" SS w/Type II Embed. , Over 16' L.F. 22 39 40.00 1,560.00 *20 8" SS w/Conc. Encase. , 0'-12' L.F. 40 65 27.70 1,800.50 *21 8" SS other than Open Cut L.F. 0 0 73.33 0.00 *22 8" SS in 16" Encase. Pipe L.F. 0 0 111.88 0.00 *23 5.0' Dia. Std. Manhole, 0' -12' Ea. 8 9 2,219.00 19,971.00 24 5.0' Dia. Type "S" Manhole 0'-12' Ea. 17 17 2,273.00 38,641.00 *25 5.0' Dia. Std Drop Manhole 0' -12' Ea. 2 1 2,726.00 2,726.00 .*26 5.0' Dia Type "S" Drop MH 0' -12' Ea. 1 2 2,831.00 5,662.00 *27 4.0' Dia. Std. Manhole, 0' -12' Ea. 7 9 1,699.00 15,291.00 *28 4.0' Dia Std. Drop MH, 0'-12' Ea. 2 1 2,073.00 2,073.00 *29 5.0' Dia. Extra Depth Manhole V.F. 74 72.75 99.75 7,256.81 *30 4.0' Dia. Extra Depth Manhole V.F. 16 24 57.95 1,390.80 * (Change Order No. 1) • 509 I:UNS IKUC'1 IUN tb 11MAI1. OWNER: City of Wylie, Texas ESTIMATE NO: 9 & Final PAGE: 3 PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990 ORIGINAL CONTRACT AMOUNT: $ 905,513.98 REVISED FROM: March 13, 1991 TO: May 31, 1991 CONTRACT AMOUNT: $ 899,647.07 CONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days ADDRESS: 1432 Brazos Drive, Suite D Huntsville, Texas 77340 ALLOTTED: 273 USED: ALL ********************************************************************************************** Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount ********************************************************************************************** 31 Connect to Existing Manhole Ea. 8 8 260.00 2,080.00 32 Drop Connection to Exist Manhole Ea. 1 1 839.00 839.00 33 Locate & Remove Pvmt over Manhole Raise Manhole Ring & Cover to Match Grade, & Repair Pavement Ea. 2 2 685.00 1,370.00 34 Cement Stabilized Backfill C.Y. 90 90 18.24 1,641.60 35 Extra Crushed Stone Backfill C.Y. 75 0 17.31 0.00 36 Extra Class "C" Concrete C.Y. 30 0 47.88 0.00 37 Block Sodding L.F. 2,195 451 6.84 3,084.84 38 Saw Cut L.F. 10 10 3.71 37.10 39 Remove & Replace Concrete Pvmt. L.F. 10 10 35.00 350.00 40 Remove & Replace Rock Rd or Dr. L.F. 1,230 1,230 8.48 10,430.40 41 Extra Serv. Connect for 10" SS Ea. 2 0 200.00 0.00 42 Extra Serv. Connect, for 8" SS Ea. 2 0 100.00 0.00 43 Trench Safety Plan & System L.S. 1 1 1,000.00 1,000.00 waslKUI:I'lUly I.Si'1ltAll. OWNER: City of Wylie, Texas ESTIMATE NO: 9 & Final PAGE: 4 PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990 ORIGINAL �� CONTRACT AMOUNT: $ 905,513.98 REVISED FROM: March 13, 1991 TO: May 31, 1991 CONTRACT AMOUNT: $ 899,647.07 CONTRACTOR: Pate & Pate Enterprises, Inc. CONSTRUCTION TIME: Calendar Days ADDRESS: 1432 Brazos Drive, Suite D Huntsville, Texas 77340 ALLOTTED: 273 USED: ALL ********************************************************************************************** Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount ********************************************************************************************** CHANGE ORDER NO. 1 *11A 15" SS in 24" Encasement L.F. 305 305 184.13 56,159.65 *14A 12" SS in 20" Encasement L.F. 100 100 128.48 12,848.00 *22A 10" SS in 16" Encasement L.F. 50 50 113.38 5,669.00 *44 4.0' Dia. Type "S" Manhole Ea. 1 1 1,848.00 1,848.00 *45 4" SS Service Connect (Under 6') Ea. 1 1 242.00 242.00 *46 4" SS Service Connect (Over 6' ) Ea. 12 7 404.00 2,828.00 *47 4" PVC Sanitary Sewer Service L.F. 61 44 9.56 420.64 SUBTOTAL: SECTION I 550,713.14 SECTION II ` 1 15" SS w/Type II Embed. , 0'-12' L.F. 4,571 4,558 17.46 79,582.68 „ 2 15" SS w/Conc. Encase. , 0'-12' L.F. 210 210 32.41 6,806.10 3 15" SS w/Type II Embed. , 12' -16' L.F. 457 470 19.61 9,216.70 4 8" SS w/Type II Embed. , 0' -12' L.F. 560 560 19.33 10,824.80 5 8" SS w/Type II Embed. , 12'-16' L.F. 343 343 23.76 8,149.68 * (Change Order No. 1) %,UliolriUliiiUi, Loi At4f11G OWNER: City of Wylie, Texas ESTIMATE NO: 9 & Final PAGE: 5 PROJECT: Sanitary Sewer Improvements - Phase II CONTRACT DATE: January 23, 1990 ORIGINAL CONTRACT AMOUNT: $ 905,513.98 REVISED FROM: March 13, 1991 TO: May 31, 1991 CONTRACT AMOUNT: $ 899,647.07 C9NTRACTOR: Pate & Pate Enterprises, Inc, CONSTRUCTION TIME: Calendar Days ADDRESS: 1432 Brazos Drive, Suite D Huntsville, Texas 77340 ALLOTTED: 273 USED: ALL ********************************************************************************************** Item < Description > Unit Quantity in Total Work Contract Extended. Proposal Completed Price Amount ********************************************************************************************** 6 8" SS w/Type II Embed. , 16' -20' L.F. 779 779 33.50 26,096.50 7 8" SS other than Open Cut L.F. 82 82 84.33 6,915.06 8 12" Force Main w/Type I Embed. L.F. 2,777 2,787 19.12 53,287.44 9 12" Force Main other than Open Cut L.F. 180 180 79.12 14,241.60 10 5.0' Dia. Std. Manhole O' -12' Ea. 1 1 2,291.00 2,291.00 11 5.0' Dia. Type "S" MH 0'-12' Ea. 6 6 2,331.00 13,986,00 12 4.0' Dia. Std. MH 0'-12' Ea. 4 4 1,848.00 7,392.00 I 13 4.0' Dia. Type "S" MH 0'-12' Ea. 2 2 1,848.00 3,696.00 *14 5.0' Dia. Extra Depth Manhole V.F. 3 7.5 99.75 748.13 15 4.0' Dia. Extra Depth Manhole V.F. 4 4 57.75 231.00 16 Connect to Existing Manhole Ea. 5 4 349.00 1,396.00 17 Sanitary Sewer Cleanout Ea. 1 1 264.00 264.00 18 Cement Stabilized Backfill C.Y. 75 75 18.24 1,368.00 *19 Extra Crushed Stone Backfill C.Y. 25 33 17.31 571.23 20 Extra Class "C" Concrete C.Y. 20 0 47.88 0.00 * (Change Order No. 1) AFFIDAVIT OF DILL& PAIL) STATE OF TEXAS: COUNTY OF WALKER: BEFORE ME, the undersigned authority, on this day personally appeared Steve Pate party to that certain Contract entered into on the _ 33rd� day of • January , i9 90 , between Pate & Pate Enterprises, Inc. and City of Wylie for the erection, construction, and completion of certain improve- ments and/or- additions upon the following described premises to wit: Sanitary Sewer Improvements - Phase II Said party being by me duly sworn upon oath that the said improvements have been erected and completed in full compliance with the above referred to Contract and the agreed plans and specifications therefor . Deponent further states that he has paid all bills and claims for materials furnished and labor performed on said Contract and that there are no outstanding unpaid bills or legal claims for labor performed or materials furnished upon said job. This affidavit is being made by the undersigned realizing that it is in reliance upon the truthfulness of the statements contained herein that final and full settlement of the balance due on said Contract is being made, and in consideration of the disbursement of funds by OM of Wylie , deponent expressly waives and releases all lens, claims and rights to assert a lien on said premises and agrees to indemnify and hold • City of Wylie .safe and harmless from and against all losses, damages, costs and expensed of any character whatsoever specifically including court costs, bonding fees and attorney fees , arising out of or in any way relating to claims for unpaid labor or material used or associated with construction of improvements on the above described premises . Pate & Pate Enterpr I s, Inc. Steve Pate, President Subscribed and sworn to before me, the undersigned authority, on this the 31st dayof May Y 19 91 ooRY rite KAREN K.f,QR1tRAN Atli) � flUTlli�1' P�J�31_IC * � + Nola Public n and for Walker .A ., Statp rf 't�x'as f14Dr�,�r Comm. Exp. 10-10-94 Count , ;Texas __*_,yr�.wv.n•vvw M E M O R A N D U M DATE: June 19 , 1991 TO: City Council 16.41L. FROM: Bill Dashner , City Manager RE: Discuss and Consider Evaluation of the Development Corporation of Wylie, Inc . and Compliance or Non Compliance With City Council Approved Bylaws The Development Corporation of Wylie , Inc . was put in place by the City Council in August of 1990 . The bylaws which are attached are the regulated instrument that was adopted and approved by the City Council . There are very specific areas where the Board is suppose to report to the City Council . They 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 term goals which the Board deems necessary to accomplish compliance with its overall economic development plan . Such plan shall be approved by the City Council of the City of Wylie. 2 . The Development Corporation of Wylie shall make a detailed report to the City Council once each year (this report has not been submitted) . 3 . The Development Corporation of Wylie has not posted with the City Secretary' s office copies of bonds and insurance policies . 4 . The FY92 fiscal year budget has not been transmitted to the City Manager for inclusion in the annual budget presentation to the City Council . 5 . The Development Corporation of Wylie has not submitted to the City Council monthly summaries of proposed disbursement of funds for anticipated projects . Attachments : Bylaws Wylie Development Corporation BYLAWS OF DEVELOPMENT CORPORATION OF WYLIE, INC. A NON-PROFIT CORPORATION WYLIE, TEXAS SECTION I OFFICES 1 .01 Registered Office and Registered Agent The Corporation shall have and continuously maintain in the State of Texas a registered Office, and a registered agent whose Office is identical with such registered Office, as required by the Texas Non-Profit Corporation Act . The Board of Directors may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation . The registered office of the Corporation is located at 2000 Highway 78 North, Wylie , Texas 75098 , and at such address is the Corporation , whose mailing address is P . 0. Box 428 , Wylie, Texas 75098 . The registered agent of the Corporation shall be the President of the Corporation . 1 .02 Principal Office The principal office of the Corporation in the State of Texas shall be located in the City of Wylie , County of Collin, and it may be , but need not be, identical with the registered office of the Corporation . SECTION II PURPOSES 2 .01 Purposes The Corporation is a non-profit corporation specifically governed by the Texas Development Corporation Act of 1979 , Section 4A, as amended . The purpose of the Development Corporation of Wylie, Inc. , is to promote and develop industrial and manufacturing enterprises to promote and encourage employment and the public welfare, in accordance with the Articles of Incorporation . t • 7 SECTION III MEMBERS 3 .01 Members The Corporation shall have no members . SECTION IV BOARD OF DIRECTORS 4 . 01 Board of Directors The business and affairs of the Corporation and all corporate powers shall be exercised by or under authority of the Board of Directors ( the "Board" ) , appointed by the governing body of the City of Wylie , and subject to applicable limitations imposed by the Texas Non-Profit Corporation Act , the Development Corporation Act of 1979 , the Articles of Incorporation , or these Bylaws . The Board may, by contract , resolution , or otherwise , give general or limited or special power and authority to the officers and employees of the Corporation to transact the general business or any special business of the Corporation , and may give powers of attorney to agents of the Corporation to transact any special business requiring such authorization . The Board may plan and direct its work through a Director of Economic Development , who will be charged with the responsibility of carrying out the Corporation ' s program as adopted and planned by the Board . The Board may contract with another entity for the services of a director . 4 . 02 Number and Qualifications The authorized number of Directors of this Board shall be five (5) . The Directors of the Corporation shall be appointed by and serve at the pleasure of the Wylie City Council. The number of Directors shall be five (5) . Each Director shall meet at least one (1) of the following qualifications : (a) serve, or have served , as Chief Executive Officer of a company; or (b) serve, or have served , in a position of executive management of a company; or 2 7 (c) serve , or have served , in a professional capacity; or (d) have experience equivalent to any of the above qualifications . (e) each Director must have lived in the City Limits or operated a business in the City Limits for a minimum of one (1 ) year . ( f) each Director must live in the City Limits during the tenure of office . The City Council shall consider an individual ' s experience, accomplishments , and educational background in appointing members to the Board to ensure that the interests and concerns of all segments of the community are considered . 4 . 03 Bonds (1 ) The President , Vice President and Board Members shall all give an official Liability Insurance of not less than one million dollars ($1 , 000 , 000 ) . The President , Vice President , and Board Members shall all give a personal Fidelity Bond of not less than one hundred thousand dollars ($100 , 000 .00) . The bonds and insurance referred to in this section shall be considered for the faithful accounting of all monies and things of value coming into the hands of the offices . The bonds and insurance shall be obtained from accredited , surety, and insurance companies authorized to do business in the State of Texas . (2 ) All premiums for the liability insurance and fidelity bonds will be maintained and funded at the total expense of the corporation . Copies of bonds and insurance policies shall be filed with the City Secretary. 4 . 04 General Duties of the Board 1 . The Board shall develop an overall economic development plan for the City which shall include and set forth intermittent and/or short term goals which the Board deems necessary to accomplish compliance with its overall economic development plan. Such plan shall be approved by the City Council of the City of Wylie. The overall development plan developed by the Board shall be one that includes the following elements : I , a . An economic development strategy to permanently bolster the business climate throughout the city. b. Strategies to fully utilize the assets of the city which enhance economic development . c. Identification of strategies to coordinate public , private, military and academic resources to develop and enhance business opportunities for all citizens of Wylie. This plan shall include methods to improve communication and cooperation between the above mentioned entities . d . Assurance of accountability of all tax moneys expended for the implementation of the overall economic development plan . e. Identification of strategies and provide for implementation of identified strategies for direct economic development as defined in this Section . f . An annual work plan outlining the activities , tasks , projects and programs to be undertaken by the Board during the upcoming fiscal year . g . To assist the Board in the implementation of the overall economic development plan , the Board may seek out and employ a Director of Economic Development . The Director of Economic Development shall be responsible to the Board and shall act as the Board ' s chief administrative officer and shall assist the Board in carrying out the duties of the Board as set forth in this section . The Board shall , in the annual budget , make provisions for the Compensation to be paid to the Director of Economic Development and such compensation so established by the Board shall comprise the salary and benefits paid to the Director of Economic Development for his/her services . h. The Director of Economic Development shall be hired by the Board and may be removed by a vote of 3 members of the Board . 4 2 . The Board shall review and update its overall ' .� economic development plan from time to time to ensure that said plan is up to date with the current economic climate and is capable of meeting Wylie ' s current economic development needs . 3 . The Board shall expend , in accordance with State law, the tax funds received by it on direct economic development where such expenditures will have a direct benefit to the citizens of Wylie . As used in the article "direct economic development" shall mean the expenditure of such tax funds for programs that directly accomplish or aid in the accomplishment of creating identi- fiable new jobs or retaining identifiable existing jobs including job training and/or planning and research activities necessary to promote said job creation . The Corporation ' s focus will be primarily in the areas of : a . Business retention and expansion b . Business attraction 4 . The Development Corporation of Wylie , Inc . shall make reports to the City Council of the City of Wylie . The Development Corporation of Wylie , Inc . shall discharge this requirement by reporting to the City Council in the following manner : a . The Development Corporation of Wylie, Inc. shall make a detailed report to the City Council once each year . Such report shall include , but not be limited to , the following : 1 . A review of all expenditures made by the Board in connection with their activities involving direct economic development as defined in this article , together with a report of all other expenditures made by the Board . 2 . A review of the accomplishments of the Board in the area of direct economic development . 3 . The policies and strategy followed by the Board in relation to direct economic development together with any proposed changes in such activities . 5 4 . A review of the activities of the Board in areas of endeavor other than direct economic development together with any proposed changes in such activities . 5 . The annual required report shall be made to the City Council no later than January 31 of each year . 6 . The annual report shall be considered by the City Council for its review and accep- tance . b. The Board shall be regularly accountable to the City Council for all activities undertaken by them or on their behalf, and shall report on all activities of the Board , whether discharged directly by the Board or by any person , firm, corporation , agency , association or other entity on behalf of the Board . This report shall be made by the Board to the City Council semi-annually with the first report being made June 1 , 1991 , and a similar report being made each succeeding six (6) months . The semi- annual report shall include the following: 1 . Accomplishments to date as compared with the overall plan or strategy for direct economic development . 2 . Anticipated short term challenges during the next semi-annual reporting period together with recommendations to meet such short term challenges . 3 . Long term issues to be dealt with over the succeeding twelve-month period or longer period of time, together with recommen- dations to meet such issues with emphasis to be placed on direct economic develop- ment . 4 . A recap of all budgeted expenditures to date, together with a recap of budgeted funds left unexpended and any commitment made on said unexpended funds . 4 .05 Implied Duties The Development Corporation of Wylie, Inc . is authorized to do that which the Board deems desirable to accomplish any of the purposes or duties set out or alluded to in Section 4 .04 of these Bylaws and in accordance with State law. 6 4 . 06 Tenure The initial terms of office for the Directors shall be two (2) Directors with three (3) year terms , two (2) Directors with two (2 ) year terms , and one (1 ) Director with a one (1) year term, as designated by the Mayor and City Council . No member of the Board shall serve more than two (2) consecutive full terms . After the initial term of office the Directors shall serve for three (3 ) years . 4 . 07 Meetings ; Notice; Conduct The Board shall meet at least once each month within the city of Wylie , at a place and time to be determined by the President. All meetings of the Board shall provide notice thereof as provided and set forth in Vernon ' s Annotated Civil Statutes Article 6252-17 , et seq. Any member of the Board may request that an item be placed on the agenda by delivering the same in writing to the secretary of the Board no later than ten (10 ) days prior to the date of the Board meeting . The President of the Board shall set regular meeting dates and times at the beginning of his/her term. The notice shall contain information regarding the particular time, date , and location of the meeting and the agenda to be considered . All meetings shall be conducted in accordance with the Texas Open Meetings Act . The annual meeting of the Board of Directors shall be the second Tuesday In January of each year , at 4 : 00 p .m. The Board may retain the services of a recording secretary if required . 4 . 09 Attendance ; Vacancy Regular attendance of the Board meetings is required of all Members . The following number of absences may require replacement of a member : three (3) consecutive absences , or attendance reflecting absences constituting 50% of the meetings over a 12-month period . In the event replacement is indicated, the member will be counseled by the President and, subsequently, the President shall submit in writing to . the City Secretary the need to replace the Board member in question . Any vacancy on the Board shall be filled by appointment by the City Council of a new member or members meeting the qualifications set out in Section 4 .02 above. 4 .10 Quorum A majority of the entire membership of the Board of Directors shall constitute a quorum. If there is an ?Ot . insufficient number of Directors present to convene the meeting , the presiding officer shall adjourn the meeting . 4 . 11 Compensation The duly appointed members of the Board shall serve without compensation , but shall be reimbursed for actual or commensurate cost of travel , lodging and incidental expense while on official business of the Board in accordance with State law. 4 . 12 Voting ; Action of the Board of Directors Directors must be present in order to vote at any meeting. Unless otherwise provided in these Bylaws or in the Articles of Incorporation or as required by law, the act of a simple majority present shall be the act of the Board of Directors . In the event that a Director is aware of a conflict of interest or potential conflict of interest , with regard to any particular vote , the Director shall bring the same to the attention of the meeting and shall abstain from the vote , unless the Board determines that no conflict of interest exists . Any Director may bring to the attention of the meeting any apparent conflict of interest or potential conflict of interest of any other Director , in which case the Board shall determine whether a true conflict of interest exists before any vote shall be taken regarding that particular matter . The Director as to whom a question of interest has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists . 4 . 13 Board ' s Relationship with City Council In accordance with State law, the City Council shall require that the Development Corporation of Wylie, Inc. be responsible to it for the proper discharge of its duties assigned in this article. The Board shall determine its policies and direction within the limitations of the duties herein imposed by applicable laws , the Articles of Incorporation , these Bylaws , contracts entered into with the City, and budget and fiduciary responsibilities . 4 .14 Board ' s Relationship with Administrative Departments of the City Any request for services made to the administrative departments of the City shall be made by the Board of its designee in writing to the City Manager . The City Manager may approve such request for assistance from the Board when he finds such requested services are available within the administrative departments of the City and that the Board has agreed to reimburse the administrative department' s budget for the costs of such services so provided . ' I j '� SECTION V OFFICERS 5 .01 Officers of the Corporation The elected officers of the Corporation shall be a President , Vice President , Secretary, and Treasurer . The Board may resolve to elect one or more Assistant Secretaries or one or more Assistant Treasurers as it may consider desirable . Such officers shall have the authority and perform the duties of the office as the Board may from time to time prescribe or as the Secretary or Treasurer may from time to time delegate to his or her respective Assistant. Any two (2 ) or more offices may be held by the same person, except the offices of President and Secretary. 5 . 02 Selection of Officers The initial President and Vice President shall be elected by the Board and shall serve a term of one (1) year . On the expiration of the term of office of the original President and Vice President , the Board shall select from among its Members individuals to hold such office . The term of office of the President and Vice President shall always be for a period of one year ; provided , however , that the President and Vice President continue to serve until the election of their successors . The Secretary and Treasurer shall be selected by the members of the Board and shall hold office for a period of • one (1 ) year ; provided , however , that they shall continue to serve until the election of their successors . Elections shall be held at the annual meeting of the Board . Any officer meeting the qualifications of these Bylaws may be elected to succeed himself or to assume any other office of the Corporation . 5 .03 Vacancies Vacancies in any office which occur by reason of death, resignation, disqualification, removal , or otherwise, shall be filled by the Board of Directors for the unexpired portion of the term of that office in the same manner as other officers are elected to office . 5 .04 President The President shall be the presiding officer of the Board with the following authority: 1 . Shall preside over all meetings of the Board. • • • 2 . Shall have the right to vote on all matters coming '' 1 ! • before the Board . 3 . Shall have the authority, upon notice to the members of the Board , to call a special meeting of the Board when in his judgment such meeting is required . • 4 . Shall have the authority to appoint standing commit- tees to aid and assist the Board in its business undertakings or other matters incidental to the operation and functions of the Board . 5 . Shall have the authority to appoint ad hoc committees which may address issues of a temporary nature or concern or which have a temporary affect on the business of the Board . In addition to the above mentioned duties , the President shall sign with the Secretary of the Board any deed , mortgage, bonds , contracts , or other instruments which the Board of Directors has approved and unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution , by a specific provision of these Bylaws , or by statute. In general , the President shall perform all duties incident to the office , and such other duties as shall be prescribed from time to time by the Board of Directors . 5 . 05 Vice President In the absence of the President , or in the event of ' his or her inability to act , the Vice President shall perform the duties of the President . When so acting , the Vice President shall have all power of and be subject to all the same restrictions as upon the President . The Vice President shall also perform other duties as from time to time may be assigned to him or her by the President . 5 . 07 Treasurer The Treasurer shall be bonded for the faithful discharge of his/her duties with such surety or sureties and in such sum as the Board of Directors shall determine by Board resolution , but in no event shall the amount of such bond be less than an amount equal to the average of the sums which the Treasurer has access to and the ability to convert during a twelve (12) month period of time. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the Corporation. The Treasurer shall receive and give receipt for money due and payable to the Corporation from any source whatsoever , and shall deposit all such moneys in the name of the Corporation in la • • �V such bank, trust corporation , and/or other depositories as shall be specified in accordance with Article VII of these Bylaws . The treasurer shall , in general , perform all the duties incident to that office , and such other duties as from time to time assigned to him by the President of the Board . 5 . 08 Assistant Secretaries and Assistant Treasurers The Assistant Secretaries and Assistant Treasurers , if any, shall in general , perform such duties as may be assigned to them by the Secretary or the Treasurer , or by the President of the Board of Directors . 5 . 09 Director of Economic Development The Corporation may employ a Director of Economic Development . The Director of Economic Development shall serve as the Chief Executive Officer of the Corporation and shall oversee all administrative functions of the Corporation . The Director shall develop policies and procedures for the Corporation including financial , accounting , and purchasing policies and procedures to be approved by the Board and City Council . 5 . 10 Other Employees The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation . 5 . 11 Contracts for Service The Corporation may, with approval of the City Council , contract with any qualified and appropriate person, association , corporation or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties . However , no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of Directors of its discretion and policy-making functions in discharging the duties herein above set forth in this section . SECTION VI COMMITTEES 6 .01 Qualifications for Committee Membership Members of committees shall be appointed by the President, and approved by the Board . Committee members need not be members of the Development Corporation of Wylie, Inc. unless required by these Bylaws or Board resolution. 11 6 . 02 Standing Committees The President shall have authority to appoint the following standing committees of the Board and such other committees as the Board may deem appropriate in the future: 1 . Budget , Finance and Audit Committee: This committee shall have the responsibility of working with the Director , or the contractual entity performing as Director as the case may be , in the formation and promotion of the annual budget of the Board . The Committee shall present such budget to the Board and , upon approval , shall present , in accordance with these Bylaws , said budget to the City Council . In addition to the preparation of the budget , the committee shall keep the Board advised in such matters. The Committee shall further have the responsibility to oversee and work with auditors of the City or outside auditors when audits of the Board are being performed . 2 . Committee for Business Retention and Expansion: This committee shall work with the Director of Economic Development and shall keep the Board informed of all development and activities concerning business retention and expansion . 3 . Committee for New Business Attraction and Recruitment: This committee shall work with the Director of Economic Development and shall keep the Board informed of all developments and activities concerning business attraction and recruitment . 6 . 03 Special Committees The President may determine from time to time that other committees are necessary or appropriate to assist the Board of Directors , and shall designate, subject to Board approval , the members of the respective committees . No such committee shall have independent authority to act for or in stead of the Board of Directors with regard to the following matters : amending , altering , or repealing the Bylaws; electing, appointing, or removing any member of any such committee or any Director or Officer of the Corporation; amending the Articles of Incorporation; adopting a plan of merger or adopting a plan of consolidation with another corporation; authorizing the sale, lease, exchange, or mortgage of all or substantially all of the property and assets of the Corporation; authorizing the voluntary dissolution of the Corporation or revoking the proceedings thereof; adopting a plan for the distribution of the assets of the Corporation; or amending altering, or repealing any resolution of the Board of in Directors which by its terms provides that it shall not be amended , altered , or repealed by such committee. The designation and appointment of any such committee and delegation to that committee of authority shall not operate to relieve the Board of Directors , or any individual Director, of any responsibility imposed on it or on him/her by law or these Bylaws . 6 . 04 Term of Committee Members Each member of a committee shall continue as such until the next appointment of the Board of Directors and until his or her successor on the committee is appointed , unless the committee shall be sooner terminated or unless such member has ceased to serve on the Board of Directors , or unless such member be removed from such committee . Any committee member may be removed from committee membership by the President , with Board approval , whenever in their judgement the best interests of the Corporation would be served by such removal . 6 . 05 Vacancies on Committees Vacancies in the membership of any committee may be filled in the same manner as provided with regard to the original appointments to that committee . 6 . 6 Ex-Officio Members The City Manager or his designee and the Mayor or his designee may attend all meetings of the Board of Directors or Committees . These representatives shall not have the power to vote in the meetings they attend . Their attendance shall be for the purpose of ensuring that information about the meeting is accurately communicated to the City Council and to satisfy the City Council obligation to control the powers of the Corporation . SECTION VII FINANCIAL ADMINISTRATION The Corporation may contract with the City for financial and accounting services. The Corporation' s financing and accounting records shall be maintained according to the following guidelines : • • • • ' ,� 7 . 01 Fiscal Year The fiscal year of Corporation shall begin on October 1 and end on September 30 of the following year . 7 . 02 Budget A budget for the forthcoming fiscal year shall be submitted to, and approved by, the Board of Directors and the City Council of the City of Wylie . In submitting the budget to the City Council , the Board of Directors shall submit the budget on forms prescribed by the City Manager and in accordance with the annual budget preparation schedule as set forth by the City Manager . The budget shall be submitted to the City Manager for inclusion in the annual budget presentation to the City Council . 7 . 03 Contracts As provided in Article V above, The President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided , however , that the Board may by appropriate resolution authorize any other officer or officers or any other agent or agents , including the Director of Economic Development , to enter into contracts or execute and deliver any instrument in the name and on behalf of the Corporation . Such authority may be confined to specific instances or defined in general terms . When appropriate, the Board may grant a specific or general power of attorney to carry out some action on behalf of the Board , provided , however that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. 7 .04 Checks and Drafts All checks , drafts , or orders for the payment of money, notes , or other evidences of indebtedness issued in the name of the Corporation shall be signed or bear the facsimile of the President or the Treasurer, or such other person as designated by the Board . 7 .05 Deposits All funds of the Development Corporation of Wylie, Inc. shall be deposited on a regular basis to the credit of the Corporation in a local bank which shall be federally insured . • • • • g9 7 .06 Gifts The Development Corporation of Wylie , Inc . may accept on behalf of the Corporation any contribution , gift , bequest , or devise for the general purposes or for any special purpose of the Corporation . 7 .07 Purchasing All purchases made and contracts executed by the Corporation shall be made in accordance with the requirements of the Texas Constitution and statutes of the State of Texas . 7 .08 Investments Temporary and idle funds which are not needed for immediate obligations of the Corporation may be invested in any legal manner provided in Tex . Rev . Civ . Stat . Ann . Art , 842a-2 (Public Funds Investment Act) . 7 . 09 Bonds Any bonds issued by the Corporation shall be in accordance with the statute governing this corporation but in any event , no bonds shall be issued without approval of the City Council after review and comment by the city' s bond counsel and financial advisor . 7 . 10 Uncommitted Funds Any uncommitted funds of the Corporation at the end of the fiscal year shall be considered a part of the Fund Balance . The Undesignated Fund Balance may be committed for any legal purpose provided the Corporation' s Board of Directors and the City Council both approve such commitment . This may include the establishment of a Permanent Reserve Fund which shall be accumulated for the purpose of using the interest earnings of such fund to finance the operation of the Corporation . SECTION VIII BOOKS AND RECORDS 8 .01 BOOKS AND RECORDS The Corporation shall keep correct and complete books and records of all actions of the Corporation, including books and records of account and the minutes of meeting of the Board of Directors and of any committee having any �/ authority of the Board and to the City Council . All books and records of the Corporation may be inspected by Directors of the Corporation or his/her agent or attorney at any reasonable time; and any information which may be designated as public information by law shall be open to public inspection at any reasonable time. The Texas Open Records Act and Open Meetings Act shall apply to disclosure of public information . The Board of Directors shall provide for an annual financial audit to be performed by a competent independent audit firm. 8 . 02 Monthly Reports The Corporation shall provide the City Council monthly summaries of proposed dispersal of funds for anticipated projects , and funds that are dispersed over $50 ,000 .00 . SECTION IX SEAL 9 . 01 Seal The Board of Directors shall obtain a corporate seal which shall bear the words " Development Corporation of Wylie, Inc . " ; the Board may thereafter use the corporate seal and may later alter the seal as necessary without changing the corporate name; but these Bylaws shall not be construed to require the use of the corporate seal . SECTION X PROGRAM 10 .01 Authorization The Corporation shall carry out its program subject to its Articles of Incorporation and these Bylaws , and such resolutions as the Board may from time to time authorize. 10 .02 Program The program of the Development Corporation of Wylie, Inc. shall be to assist , stimulate, and enhance economic development in Wylie, Texas , subject to applicable State and Federal law, these Bylaws , and the Articles of Incorporation . SECTION XI PARLIAMENTARY AUTHORITY 11 . 01 Amendments to Bylaws These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative vote of four (4) of the authorized Directors serving on the Board , at a special meeting of the Directors held for such specific purpose, and the notice requirements stated hereinabove regarding special meetings shall apply. The Directors of the Corporation present at an annual meeting of the Board may, by a vote of four (4 ) , in accord with the requirements of Article IV hereinabove, amend or repeal and institute new Bylaws , provided that at least ten (10) days prior to the annual meeting , written notice setting forth the proposed action shall have been given to the directors , and public notice regarding such action given according the requirements of the Texas Open Meetings Act . Notwithstanding the foregoing , no amendment shall become effective unless the City Council approves the amendment . SECTION XII DISSOLUTION 12 . 01 Dissolution On petition of ten (10) percent or more of the registered voters of the City of Wylie requesting an election on the dissolution of the Corporation, the City Council shall order an election on the issue. The election must be conducted according to the applicable provision of the Election Code. The ballot for the election shall be printed to provide for voting for or against the proposition : "Dissolution of the Development Corporation of Wylie, Inc." If a majority of voters voting on the issue approve the dissolution, the Corporation shall continue operations only as necessary to pay the principal of and interest on its bonds and to meet obligations incurred before the date of the election and, to the extent practicable, shall dispose of its assets and apply the proceeds to satisfy those obligations. When the last of the obligations is satisfied, any remaining assets of the Corporation shall be transferred to the City, and and the Corporation is dissolved. ♦ 1 91112, • SECTION XIII INDEMNITY 13 . 01 Indemnity The Board of Directors shall authorize the Corporation to pay or reimburse any current or former Director or Officer of the Corporation for any costs , expenses , fines , settlements , judgments , and other amounts , actually and reasonably incurred by such person in any action, suit , or proceeding to which he or she is made a party by reason of holding such position as Officer or Director; provided, however, that such Officer or Director shall not receive such indemnification if he/she be finally adjudicated in such instance to be guilty of negligence or misconduct in office. The indemnification herein provided shall also extend to good faith expenditures incurred in anticipation of, or preparation for , threatened or proposed litigation. The Board of Directors may, in proper cases , extend the indemnification to cover the good faith settlement of any such action, suit , or proceedings , whether formally instituted or not . • SECTION XIV MISCELLANEOUS 14 . 01 Relation to Articles of Incorporation These Bylaws are subject to , and governed by, the Articles of Incorporation and applicable State statutes under which the Corporation is organized . 1 n • • • • • MEMORANDUM DATE: June 19 , 1991 TO: City Council ik FROM: Bill Dashner , City Manage RE: Discuss and Consider doption of a Resolution Declaring Superfresh Gro ery Establishment Located In Oaks Shopping Center, Highway 78 N 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. They have documented four (4) major violations of Section 302 of the Uniform Building Code which make this building a public nuisance because of its unsafe and rundown condition . These four (4) violations center around bad stability, electrical , gas and plumbing violations which make it unsafe and constitutes a threat to the public. Attached is a formal resolution and the documented inspections with pictures certifying the violations. This structure is owned by the Federal Government , the RTC Corporation . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF WYLIE, TEXAS DECLARING THAT THE STRUCTURE LOCATED IN OAKS SHOPPING CENTER, HIGHWAY 78 NORTH IN WYLIE, TEXAS POPULARLY KNOWN AS SUPERFRESH GROCERY STORE DOES HEREBY CONSTITUTE A PUBLIC TREAT TO THE HEALTH, SAFETY AND WELFARE OF WYLIE CITIZENS. WHEREAS, the City Council of Wylie, Texas has caused the building to be inspected and, WHEREAS, the inspection revealed serious violations of Section 302 of the Uniform Building Code promulgated by Ordinance 88-28 and , WHEREAS, the City Inspector and the City Fire Marshal have determined that due to the structural condition of the building , electrical , gas and plumbing conditions of the building an immediate safety and fire hazard exist . BE IT THEREFORE RESOLVED THAT THE CITY COUNCIL DOES PASS THE FOLLOWING RESOLUTION. SECTION I The City Council of Wylie does order that immediate steps be taken by the owner to bring the building up to standard code or the City will order the building be demolished . DULY RESOLVED by the City Council of the City of Wylie, Texas on the day of , 1991 . APPROVED: John Akin , Mayor ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM: Steven Deiter , City Attorney MEMORANDUM TO: BILL DASHNER, CITY MANAGER FROM: RICK HERZBERGER, BUILDING OFFICIAL It{y1 ? DATE: JUNE 18 , 1991 SUBJECT: SUPER FRESH GROCERY REFERENCE: ATTACHED PICTURES, FIRE INSPECTION REPORT, COPY OF NOTICE AND ORDER. On June 13, 1991 , Paul Beaver, Jim Lynch and myself conducted an inspection of Super Fresh Grocery. My investigation is based on Section 302 of the Uniform Building Code for the Abatement of Dangerous Buildings, adopted by ordinance 88-28 . This section lists eighteen ( 18) conditions that determine whether a building may be classified as a dangerous building and a public nuisance. The following is a list of Code Violations by the owners of Super fresh Grocery in relation to these 18 conditions : 1 . #4 Condition - Structural strength and stability damage by foundation movement - west wall . 2 . #5 Condition - A portion of the attached wall may dislodge - west wall . 3 . #12 Condition - Structure has become dilapidated and become an attractive nuisance to children, a harbor for vagrants and an enabling means for persons to resort to committing unlawful or immoral acts . (vandalism) 4. #16 Condition - Whenever any building, because of obsolescence,dilapidated condition, deterioration, damage, lack, of sufficient fire resistance construction, faults, electric wiring, gas or Plumbing connections , is determined by the Fire Marshall to be a Fire Hazard. [ ANY CONDITIONS ABOVE CAN CLASSIFY A BUILDING AS A PUBLIC NUISANCE ] I have just completed a NOTICE and ORDER letter in . accordance with Section 401 of the refrenced Code, that I can complete for mailing, upon your determination of future action. If you decide The City of Wylie needs to send this legal notice and order to the Resolution Trust Company, stating the Super Fresh building is a dangerous building and public nuisance, then I would recommend that the City Attorney examine the Notice and Order before mailing. This would prevent any inaccuracies in the official document , which could warrant a legitimate appeal by the RTC. In conclusion, Code Enforcement will continue to monitor the proposed clean-up of the exterior premises as well as preparing the official Notice and Order . Condition #16 (item 4) above will obviously be used to direct attention to the drainage problem. proel)Se4 No '(-e crl�, DATE ii OWNER RE: Dear The property owned by you at the above address and/or with A the above property, numbers have been inspected and found to be a dangerous building as defined by Sec. 202 , of the Uniform Code for the Abatement of Dangerous buildings which was adopted by the City of Wylie by ordinance 88-28 . The following conditions were found rendering the building a public nuisance under the provisions of Sec. 302 of the above referenced code: • • O , rI You are hereby officially informed that this structure may,%. '' : be repaired if all required permits are secured therefor, ' and the work physically commenced within 30 days from the ` ' date of this order. Required time of completion to be determined on the Building Permit . This structure must be ' vacated within days from the date of this order. SUBSTANDARD BUILDING - Repairs needed for occupancy - Sec. 104 (b) of the Uniform Building Code requires that all additions , alteration and repairs to an existing structure must conform to all current code requirements . Form of Appeal - Any person entitled to service under Sec. 401 (c) of the above reference code may appeal any notice and order or any action of the building official under this code by filing at the office of the building official a written appeal within 30 days of the service of such notice and order or action of the building official . This appeal ' will be presented at the next regular or special meeting of the Board of Adjustments . Procedures for appeal process are available at the office of the building official upon request . We hope you will voluntarily comply with this directive thereby relieving this office of the obligation to pursue legal steps to gain compliance, including filing charges in Municipal Court for failure to comply with this directive, ' ' and issuing a subsequent order for the demolition or repair of the structure with the cost thereof charged against the property or its owner. If your require additional information of if we can be of ' assistance to you in this matter do not hesitate to come by City Hall to descuss the matter . Sincerely, Rick Herzberger , Building Official r � CITY OF WYLIE 2000 HIGHWAY 78 N. ` ' P.O. BOX 428 WYLIE, TEXAS 73098 Date: Locations f0. BI PD HD WLC PW FILE Occupancy: !/ 4°�'.r�1 _ �t°OC_. Business Hours: C L eJ' P Owwa Mgr. /- r,_eeVet'd v m_ Ph. ���=��7 Days Open Occ. Group Address: Ph. Square Foot Area Alternate: Ph. Type Const. : I II III IV V VI Owner/Bldg. Ph. Fire Protection: Hood Sprinkler Address: Ph. CIRCLED ITEMS INDICATE CORRECTION TO BE MADE EXTINGUISHER: BUILDING: 1 . Check all fire extinguishers for 13. Secure permit from Building proper maintenance and recharge Inspection for change of use or all which are expended. structural , electrical or 2. Service hood extinguishing system. plumbing alterations. 3. Provide and maintain rated 40, Post street address on front and fire extinguishers for each rear of building with at least 3" square foot floor area. A B C letters or numbers. Rated-Dry Chemical . lI Repair all breaches or holes in 4. Mount fire extinguishers in rated walls. conspicuous accessible locations, not more than five feet above SPECIAL HAZARDS: floor level . 16.Post and maintain "NO SMOKING" by order of fire Marshals sign. erSE KEEPING: 17. Securely strap all compressed gas Remove the accumulation of all cylinders in a vertical position. combustible waste material from 18.Provide approved safety cans for the building, premises, heat dispensing of all flammable sources. liquids except in an approved 6. Remove accumulation of grease from storage room. all cooking apparatus, vent hoods, 19.Provide approved storage room for ducts, vents, etc. flammable/corrosive liquids per 7. Provide metal containers with metal code. covers for the collection and (9.Remove weed growth _Alley storage of waste combustibles or Yard____Pkwy. rags. 21 .Post occupant load as established 8. Repair all illuminated exit signs by Fire Marshal . to proper working order. 0Provide and maintain a minimum of eighteen inches clearance between the top of any storage REINSPECTION AFTER: and sprinkler heads or any overhead obstruction. 1O.Discontinue practice of locking or blocking any designated exit. ELECTRICAL: PERMITS GRANTED: 11. Remove all electrical cords from contact with metal objects. 12.Maintain unobstructed access to all electrical panels. MAINTAINING HAZARDOUS CONDITIONS IS IN VIOLATION OF CITY ORDINANCES REMARKS: _Zra/•C 9/w G L✓a v< rCa.6'L/re 1'2.e°3relf _C - e A/Il.� 6"—er,vdr v e'.4.✓c,y INSPECTOR:_ . •_� _ PHONE:214-442-2236 OCCUPANT: INSPECTION REPORT /PO MEMORANDUM DATE: June 12, 1991 TO: City Council • FROM: Bill Dashner , City Manage .,.,... RE: Discuss and Consider Tort Claim Filed Against the City of Wylie by Mr . and Mrs . Robert F Ireland Attached is a tort claim filed against the City of Wylie on April 30, 1991 . As City Manager I denied this tort claim for reasons stated in my letter of May 17 , 1991 . The City insurance carrier will not pay this claim because of the $1,000 deductible limit . I strongly believe that City Government should only pay tort claims where there is clear and unmistakable evidence that the corporate city or agents for the City were negligent . Moreover , the only possible negligence I see attributable to the City in this case is lack of proper control and inspection during the development phase of Oaks Shopping Center on taking care of the water runoff . Once tort claims become a practice on payment especially on flooding and high water it is difficult to draw the line and deny one and pay the other. There are many factors that control flooding and high water most of which are beyond the City' s control and are controlled by Mother Nature . This is the primary reason why flood insurance is very difficult to get , especially in the flood plain where the Federal Government has to provide insurance since private companies will not. The City of Wylie cannot indemnify all homeowners against high water . You also need to consider future claims if you admit fault on this one . The house and all other houses are sitting in a very low area below the shopping center . Driveways are lower than the alley. /0/ f{ e CITY OF WYLIEl 2000 HWY.78 N.-P.O.BOX 428 WYLIE,TEXAS 75099 (214)442-2236 • FAX 442-4302 ,John Akin Mayor May 17 , 1991 Mr . and Mrs . Robert F. Ireland Dor►Ilughes 201 Spence Drive 'vIayorProTen Wylie, Texas 75098 Dear Mr . and Mrs . Ireland , William Marlin City Council Your tort claim against the City of Wylie has been referred to my office for appropriate action . I have reviewed your statement and tort claim in great detail . I am very sympathetic to your problem, however we cannot determine positively that the City of Wylie is negligent in this rat Stemple flooding case. I ' m sorry to inform you that this year the r:ity( nurrril City has had a great deal of rain and it has created drainage problems all over the City. However, the City does not have the manpower or resources to correct all drainage, high water and flooding problems . I realized that perhaps some official could have done certain things to correct the problem, so could the builder that built the house and `;lnveWriglrl placed it in this location . Since this problem was created , City Council in my view, by circumstances beyond the City' s control the City must respectfully deny this claim since I cannot fully ascertain 100% that it was the City' s fault . Therefore, your claim in the amount of $700 is denied . I have asked the Public Works Director to look into the problem to I'nrrySinlnmons determine cost and this area will be put on the City' s list City Council to study and look at to see if anything can be done. S ncerely, /4a 4-h Chuck Whin at City Council Bill Da s hn e r City Manager i E3ill L)asimer City Manager NOTICE OF CLAIM AGAINST THE CITY OF WYLIE, TEXAS PERSONAL INJURY - PROPERTY DAMAGE File this claim within 45 days of the injury or property damage with: CITY SECRETARY CITY OF WYLIE, P. 0. BOX 428 WYLIE, TEXAS 75098 Mr. & Mrs. Robert F. Ireland (214) 442-6816 Please print full name A Telephone Numbers 201 Spence Drive Wylie, Texas 75098 Mailing Address City, State, Zip ADDroxti $700e00 The TOTAL amount of your claim against. the city is: ($) (Use other side for details) Describe in your own words WHERE, WHEN, and HOW the damage or injury occurred. Attach additional pages if necessary. Give names and addresses of others involved if known. max======zzzzzz====zza== Location: 201 Spence Drive Wylie, "['axon 75098 Date: Approximate Time (AM/PM) : April 1]., 1991 thru April 15, 1991 From 9 PM Thurs. to Noon :Saturday This was the peak, or the worst, of the damage to date, in that this time we were unable to confine the l'lloy drainage overflow to the driveway and garage in spite of our efforts osaiated )y neighbors and relatives. This time the avalanche was so grunt that water intended to drain down the alley to on open sewer came in force down our driveway, into the garage, and finally on into several rooms in the house. ,Anerency assistance was requested from • • • • /03 the aity of Wylie numerous times be,girinai'„:- ;;. ri r 11 when the situation beg%'n to " L';et out of hand". l']O resnon`ie. I'tlh].1C ,corks Department con— tncted April 12. :]o r ci,iuh. inall;� after repented calls April 1', — and the; worst we:, ov r — ibout r glow land ''arc J re delivered by Jack riilson, who wa:+ nice enough to n9sint, in the placement ::,• rntegy. i3nt for the record, it choirl.d be noted that this tragic occurence was not a sudden, unexpected event. The City c_' dylie — through Pair. 3i11 Flowers end others in the Public Works '..)epart•'ient, hed ;::en alerted and fully advised ' about the nature end the urgency of' this matter, repeatedly beginning in _ovember 1990, and including; an on—site exa,iinntion or the faulty drainage system on J'es. 1}, 19y1. kr. ,3i11 ?lowers and btu companion who came by that day acknowledged two things: (1) The city planners, engineers, inspectors really goofed in the original drainage layout (placing; a rise in'.the alley which interrupts normal down—hill flow) and: (:"_') Uometning needs to be done before "April ,ihowore". After nothing namaened for the next jO days, we began periodic "reminder and -'ollow—u: " call,, to the department to request a temporary solution i(' a permanent one wn.., to be -lelayed. The red.11t wee rail nwr rene:,3 of the "tip.te bomb" aituntion, ,,n ) ,;u„rnents such as;: "Yeah we rn:eil to <<et rir-ht on that" ---- out no .. ,t on vi:;ible be us. ;before, during, end after our landings witn the Public ',like Department to correct this pro''dem we ha•:,e attempted to ~;aide ws'.,-ar on down the alley by sweeping it over the rice to mifimi•:e the amount, t,nrcate"incr the garage and house. • • • /01 Give details of your claim against the City. Attach copies of any repair estimates, medical reports, etc. (MUST PROVIDE THREE ESTIMATES) We are filing a claim against the City of Wylie for reimbursement for funds to replace Living Room carpet & Parquet Entry. Flooding , due to inadequate alley drainage was the cause of the damage (please see attached estimates and explanations. i riArr, MS! ALL THE STATEMENTS MADE IN THIS CLAIM ARE TRUE C RRCTC . TO THE BEST OF MY KNOWLEDGE: �� Date 1 Signature of C aimant Article 10, Section 8 - Damage Suits of the Charter of the City of Wylie states before the City shall be liable for any claim for damages for the death or personal injuries of any person or for damages to property , the complainant or his authorized representative shall notify the City Secretary. The notification shall be in writing and shall state specifically how, when and where the death, injury or damage occurred; the amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the claim. The notification shall be filed within forty-five (45) days of the date of injury or damage or , in the case of death, within forty-five (45) days of the date of death. The failure to so notify the City within the time and manner specified shall exonerate, excuse and exempt the City from any liability whatsoever . No action at law shall be brought against the City until at least sixty (60) days have elapsed since the date of notification. ( c,25 Ted's gThor & Decor ; . PROP "The Big Little Floor Store SPECIFICATIONS AND ESTIMATE 6206 Hwy. 78 Sachse, Tx 75048 PROPOSAL NO. IS 214/495-7249 PAGE NO. / OF / PAGES • PROPOSAL SUBMITTED TO PHONE g/67,6DATE 9://ies4 1> STREET 20 / nt2JC�' JOB NAME CITY STATE AND ZIP CODE / 9Z /e- �r �7 JOB LOCATION (/t/4 / ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for r : '' ,.,.y %i//)_.___!ti"S /I -7,-61-zee--- /4/4 /00S-7-/t �1-�'�" r� 'l sth,1172;_..�___..._ WE PROPOSE hereby to furnish material and labor—complete in accordance with above specifications for the sum of dollars(:)/.3 9 ' 7b Payment to be made as follows O v O/U, )y , ez:0 All malarial Is guaranteed to be as specified.All work to be completed In a work- !/ manlike manner according to standard practices. My alteration or deviation from. Authorized. above specifications involving extra costs will be executed only upon written orders, Signature and will become an extra charge over and above the estimate.All agreements con- tingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance.Our workers are fully covered by Workmen's Note:This proposal may be Compensation Insurance. withdrawn by us if not accepted within days ACCEPTANCE OF PROPOSAL —The above prices,specifications and conditions are satisfactory and are hereby accepted.You ere authorized to do the work as specified.Payment will be made as outlined above. Signature Date of Acceptance Signature Nis • • /o6 ALPHA-OMEGA FLOORS, INC. 1786 Hwy. 78 North WYLIE, TEXAS 75098 (214) 442-5231 PROPO l SUBMITT T0ir ���� pH � �/� D*/ A / a.,et 7 S Eli JOB ME MY, STATE ANDIP DE JOB L TION Zr - S rr) � ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: I a ) 1 te.s *etie.)-4.4.3 n�"1 C"r1 eu e s Ss- • seem s�•� . ... . . ...... ..... 4-0 .071,0e. £L)s , - 1 \\ ()e�,•5 d ek ye. ch4 411 'f ors iQ (Cvqq6 ........... 4 1i✓ v� a 77-201 z s 03:9 51 czs t! ferls.\ _ z5? ll't2 Ft-mum r hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Payment to be made as follows: dollars ($ ), All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifica- Authorized tions involving extra costs will be executed only upon written orders,and will become an Signatur _ extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. Arreptaurr of 41rn.p1sttl-The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature —_ to do the work as specified.Payment will be made as outlined above. Date of Acceptance: Signature PxOMMt 118.i (Ncesj„Inc..Groton.Mm 01111.Toad.nest IOU FREE 1+800225.6380 S. B. FLOORCOVERING P.O. Box 241 Bus. 442.1751 Wylie, Texas 75098 Res. 530-9188 ❑ Carpet tJ Vinyl D Wallpaper ❑ Ceramic Tile Other Date L/"-?1/- 9/ Estimate & Agreement Customer: fit <<-tog do ( Space GJ.lrl 1c Job Description: Materials Furnished • .7 ydc 6-rp X 111 = S'/�' .2s ft ,Jdoct X y //2. Iv. G 7 //( Job Address Date to Start We agree to complete job as specified above. All Installation is guaranteed for one full year. The above terms are satisfactory and it is agreed to the total sum of $ Payment to be made on completion of Job unless written otherwise. Payment Agreement Customer Contractor • Tyler, T('77702 illif tiklailiferigninC Longview, TX 75604 595-3761 759-3924 DEPARTMENT LUMBER& HOME IMPROVEMENT CENTER INVOICE 1209 Hwy 79 South 202 E. Beltline Road 3105 East End Blvd.South 320 W. Panola J Henderson, TX 75652 Cedar Hill, Texas 75104 Marshall, TX 75670 Carthage, TX 75633 1 L 657-4546 --fir 291-9663 938-6752 693-3834 eA Purchaser 20 4 ..L. "�.A�/I) Directions to Job -- Address ZD l +5P.0.wlt4s' City & State `N `/ t IF , "T"-X "T 5 v 9 8 Phone 4-4.e —lv geqa, /44c2 ''i2¢340 tk t co t !HI.: r,41,3; 1 • SOLD BY`.,), INSTALLED BY: DATE: DATE TO BE INSTALLED: /JAr/A 4-.a to .....1/ . • ,...tgy II, .m, e k;s:?z::'si3.'xam:k?;:?k" '::SAS'i:!.t`.: .:> ..s t.., Kit::;t:8 :k{r>« .�- P MANUFACTURER r H z STYLE&COLORiON:':Digit DESCRIPTION , r •$. 41 it: :.<. , ;P t4/eni. rte,,,‘Ma 7-"0 Bo' .6.to'LA G.T-,..-'n l3 v l u STpMFrP. -57 Ylri /9 1O/7. 4.S i R},p Q,. 44-,, r-,e y 3 fr . '1f i 3 ao,,. . 1 .:' Ae#0W. T /Ff02LAG,0#'M01-,/-"' /�l#E 772 kJATAOI tr. T,,;'.. ‘ ! ' .':':1'..: DA MAG. . . ,, , , , , .;.ft...:.... o'w...:o.'+c:'ii��\+.C.:>9."k;r:). �:�c:::Y,:.:.'<':i:r:.'?:>.w.?'trkrr ..p•;. :!......::... ..::... :r::r.:is;\....,. ..y.�2:. ..:.,.:.. �.. t... .... s. ::a;.:n::;ry.;?:::^:: 5:�^tiv ;At+ o..Y:':x. .. : q.:. .. ...,�: 1 S:t.:: �.!I>i.�B..:.r::r..:5' It. .�:: y� .....f &. .r•.. ..,.t .. ..>..� .:, .3. ... ... .. .... . ..... :: .:..: :...:.!..o.,. ,. ::,�:.. of h�<_. :+..[... .,r..,.k.. ,. .,. ... Y.. ..ro,.:.:.� itae .t:�.v:.e:. .:...::..,:. t..,,[:.:.:: ......:.: .•'.v`:�;.�tj{�£fis)�:`;'Y,;'•, :,k,y"�x<';o` .;v'f'� �,: i .,.:.::t:.................a.., ,•, :0..�#.r. � :..k�s`'a...::.a:.,.y:.....nn.�6rw •Y•iy� ''�� 't'@�,:,'.,�:$�1:..,<aZ,.t� ''$;����9 ROOMS f: al'.C. Am. ❑ D. Am. ❑ B. Rm. �Sub-Total 5 q 45— U Stairway ❑ Den EI 4Fiail (• Freight , L,, ❑ Kitchen ❑ Bath' • Bkroyer t Handlinge,Fe 1 ti°1 `"°'`icr ti c"' , Other C GP Sales TeX' ' . ://(;),' COMPANY POLICY ''M TOTAL ' • `:/4,15.",o )f'7 All Workmanship Guaranteed 12 Months. Deposit: ❑ Cash' ' ❑ Check' '' "t"' ' I'i ,:• f, All Work Due and Payable on Completion Unless Other Arrangements �I are made.. Ifl Cutting Off Doors and Painting Base and Shoe Molding Not Included. t,:{ BALANCE . . ") ACKNOWLEDGEMENT OF INSTALLATION TERMS ACCEPTED BY , f3 • Sign 1�5 Sign tr . Date ''` Installed Terms By COD $k , CUSTOMER • • (61 MEMORANDUM DATE: June 14 , 1991 TO: City Council FROM: Bill Dashner , City Manager 44A01 RE: Discuss and Consider Payment of Claim from Deloitte And Touche for Services Rendered on Phase I Finance Department Audit Attached is invoice #02662818 from Deloitte and Touche for professional services rendered in connection with the performance of Phase I procedures . The invoice is for $2,500 .00 which is the amount they stated in their original proposal which you approved . Deloitte & Touche Suite 2400 it /\ 2001 Bryan Tower Dallas,Texas 75201-2170 (214)220-8000 Facsimile:(214)220-8870 City of Wylie Taxpayer I.D.No. 13-5133500 2000 Highway 78 North June 12, 1991 P. 0. Box 428 DATE: INVOICE NUMBER: 02662818 Wylie, Texas 75098 CIT-0538 Attention of Mr. Curtis Warner, REFERENCE NUMBER: Finance Director Due and Payable on Receipt Billing for professional services rendered in connection with the performance of Phase I procedures $2,500.00 PLEASE RETURN THIS COPY WITH PAYMENT MEMORANDUM DATE: June 12, 1991 TO: City Council FROM: Bill Dashner, City Manage . RE: Discuss and Consider Appointing New Members to the Boards and Commissions to Replace Those Whose Appointments are Expiring (Tabled from June 11 , 1991) Attached is a list of the Boards and Commissions and members names whose term are expiring within the next month or so . You will need to reappoint or select new members for these positions . • • • • • • //QV PLANNING & ZONING Bart Peddicord July 1991 (Also on Wylie Development ! Board) Cecilia Wood July 1991 Richard Eckman July 1991 ACTION TAKEN Bobby J Jennings July 1991 PARKS AND RECREATION Bryan T Glenn July 1991 Peggy Sewell July 1991 ACTION TAKEN Willie Calverley July 1991 ZONE BOARD OF ADJUSTMENTS Sue Ellen Neal July 1991 Gerald Clark July 1991 ACTION TAKEN Michael Cole July 1991 Fred B Bennett July 1991 LIBRARY BOARD Cathie Upshaw July 1991 Jan Morgan July 1991 ACTION TAKEN Barbara Jennings July 1991 WYLIE DEVELOPMENT CORPORATION Raymond Cooper August 1991 CITY COUNCIL REPRESENTATIVE FOR NTCOG Steve Wright May 1991 ACTION TAKEN //j MEMORANDUM DATE: June 20 , 1991 T0: City Council FROM: Bill Dashner , City Manage RE: Discuss and Consider Appo ' ntment to the Planning and Zoning Board of Two (2) New Members to Replace Mr . George Fournier and Mr . Roger Smith Mr . George Fournier has missed three (3) consecutive meeting with unacceptable absences and unapproved absences . Council needs to replace Mr . Fournier with a member . Mr . Roger Smith refused the appointment for personal reasons . MEMORANDUM DATE: June 12, 1991 TO: City Council FROM: Bill Dashner, City Manage RE: Discuss and Consider the Appointment of a Municipal Judge and Discuss and Consider Recruitment Process or Selection Process In December of 1990 the City Council appointed Pam Eudaric as Municipal Court Judge. The Council also appointed John Weninger as alternate judge. Pam Eudaric has not appeared for Municipal Court for the last several months , the alternate judge has been filling in . Written contact was made with the Judge (Pam Eudaric) in May and no response has been received by the Municipal Court Administrator . Therefore, it is my recommendation that the City Council remove Pam Eudaric as Municiapl Judge for reasons stipulated and appoint John Weninger as Municipal Judge. A recommendation will be forthcoming as soon as some names surface on an appointment of an alternate judge. If the City Council wants to advertise this position the City staff can advertise this postion to the public. The postion requires a law degree and a license to practice law in the State of Texas . /6r • • MEMORANDUM DATE: June 13 , 1991 TO: City Council FROM: Bill Dashner , City Manage RE: Discuss and Consider Usi 1987 Woodlake Village/ Centennial Homes Development Perimeter Street Fee According to the Perimeter Street Fee Ordinance, Perimeter Street Fee Money placed in a trust account can be used by the City Council for road improvements if the developer who put the money up approves . If this street improvement is less than concrete specifications he has to agree to a lower standard which in this case will be asphalt . The developer also has to agree in this case to the extension of Springcreek Parkway from the railroad crossings all the way across the front of the Armory property. 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. The engineers estimate for the street and water and sewer lines was approximately $280 ,000 . Attachments : Fund Package Location Map Showing Springcreek Parkway Perimeter Street Fee Account and Balance Perimeter Street Fee Ordinance Excerpts ii i1 PERIMETER STREET FEES 09/25/85 STEEL INDUSTRIAL PARK, PHASE I $ 14 ,584 . 31 REGENCY BUSINESS PARK 01/16/86 QUAIL HOLLOW, PHASE I 33 ,961 .14 WYLIE JOINT VENTURE 02/07/86 HOOPER BUSINESS PARK 49 ,365 .44 SUMCO CORP. 01/17/87 MINI WAREHOUSES 4 ,702 .50 DOBIE DEVELOPMENT 04/21/87 STONE GROVE DEVELOPMENT 20 ,000 .00 05/08/87 STONE GROVE DEVELOPMENT 564 . 67 05/11/87 KREYMER ESTATES 19 ,960 .38 PRESIDENTIAL ESTATES 08/11/87 NEWPORT HARBOR 15 ,407 . 37 1378 DEVELOPMENT CORPORATION ••••••••••Ni% 11/17/87 WOODLAKE VILLAGE 60 ,764 .51 CENTENNIAL ARAPAHO DEVELOPMENT 07/05/88 LOT 2A, MOUSSA SWITZER ADDITION 4 ,826 .25 MCDONALD' S CORPORATION 07/05/88 LOTS 1 , 3 & 4 , MOUSSA SWITZER ADDITION 8,377 .38 S & S PETROLEUM SALES 09/26/88 TWIN LAKES PHASE I & II 61 ,827 .98 THIRSK, INC. 11/29/89 WESTGATE CENTER, PHASE I 5,759 . 82 JOHN PENNINGTON TOTAL $300,101.75 //7 — ---- ---------- ---------------------- % I`, Cuomo-ik. 014r1.\LAA. oc, 4,4 JJ PR( )I)( )1(11 I) .()NINEii Civic Center Complex SC. ,� I • C ointrwicial/Ilciill • Q�I'• i ii: Office/Showroom 111,1(i< i 11Light Industrial • Multi-family —� _PIIIII Townhouse oCSchool �Ae-•.•-( .1, Single family .•• / •1IF pe All nnJul,idkaUd Is sin I In fhwl appnrval ly Ir �. \ J -- Clly u1 Wylir tire;annplrlinn and dcdItMI.n ul will- *p ,ua anJ oral Imprrwcmrnl�. jet '`fie J rii,,rc. . r.�- h tl.P.t',.1, 40.3a./Ae. } yy e /,N. . - .. TRACT li �o�. 1:11KAAs alAc _ ^tpNNpN,. -.---- — "\�/U '1. 2.3 AC. 1 r�, I � "_- -�" I \ x9 'ir ! ! TRACT /0 }���'%I� TRACT OF1 a e.•ACI l.e Aa 1 IN i � • L,A� . ( I TRACT //�� wyllo :.few-- c11y — . . _ .. _ ..i i ; L ._.,Ihall - •f� /• TRACT A11 TRACT I t.o Ac I. TRACT I ; 1 ' �t�, ! ` 1 6.t AC. • li TRACT /C li r; A ..'1. �i•, VI I TRACT/A I ( e.e AC. I / .e. IC AC. ( a TRACE n n, !ii; 43 AC. IA •AC.' I I; t• 1 ; 101 ,,, i •I TATI HMO ii, _ I 4 I I `, I 1i II 1 woo' 1. • V I L L r y, 1, 1; „: 7 • The developer.. . L ■a t r' I ,�i'.+i'q • ''” . •execute. , an ,•`..•':.!'authority to; : rel¢a '' 1�.,,'0,11 �,; +,, perimeter street improvements funds" ;foil `?`i';' the purpose of allowing the City oIA; r?'?;. 1. Wylie to improve such streets byusie•� �y'��'� •'•' :. ' .' these funds for said improvements for `•'r''; ' • a�l improvement less than concre • The'%u'ee' + . ';,': ;. of Buff funds shall not include' norma i0, fi;4,' . .j.rt' -. ' maintenance repairs. Such improvement . t�#► ' i •'i�' 16,�: , shell be accomplished in a- manner and':rto' ' ':P. • a level which is at the sole discretiola.ti,,,,v s ., '' • of the City Council of ; the c-City L o ,r. ;•,. � �, 'Wylie. ' The City Council may'+also. .elec't, 00::::. -- }, not to< use .any of the funds,' even• ` ;f,1{r ,���;;• W. ;: .;' . , released for improvements and ' ��' ' '• 1' ,A` %:. ,. ., P may elec,t�. 7�,,:.. 'a;� " to retain said funds until the 'concre e1 y � :,'. improvements specified in the' ,.,'•'C1 1,y'• ',; ;:,,: f1r�`'r. standards can' be accomplished. Shou'l .g, the City Council elect , following ' 't�h;e `10' ' developers release of funds, to mal0a' , ►'' .•; •• improvements at standards less . . th4th l�li'� ' concrete , *-the 0 , ' 'the remainder of the • funds '�',�r; ,: : i},f}�yi r,.,'..,. ` will, be retained and no assessment eha14 ', i� • • be made to the property owners unti'1,44 F'';�{� • • subsequent repairs or improvements , ar;e 1„� ,: '' ;*,T,i• needed following the _ ultimate;� '` "�' °i instal ation of the "'�''':i' rs ' standard 'te " ', +t;l ; '.- �. concre ;'`��.'•';.: :;• r;:, street.. The election of this opti•o,a11,1%•4'#I"+ F;;,,i,!: shall release •the Cityof Wylie from e r�: '•1,.c ,Sd twenty (20) year provision ,..'for •n i,,. .144..4t, I. . improvements described in—the paragr'a , ', A,.,,s.;.". .� . ' .above . . ,' • • !Qi' 'i,;,;,'' • A six (6) inch thickness of 'f d f,i;';• �t ��t,;i>; thousand five hundred (4 ,500) p.s '.. ` '�."'','i e t �;,; ,reinforced concrete pavement on+ •�;(:hi1 �'' ' 'compacted '. s.ubbase shall be require;.dj.... . Said* six •(6). 'inch ' thickness will .,b1 ' ;. ybj';*;', acceptable without performing addition• ' soils investigation or desigi ; . calculations . ' All steel • reinforcirgA' : shall be :deformed No.3 bars on tvent. ''�y r"...' ' four inch (24") both ways. . ,.. ',,; centers y '� : :�� ..., rr„• ;_� • . Stabilization t ,�;,j,'r. • . ,1., ization of the subgra , + `st' miwo, , ihches (6") thick with six percent '(6 .)1 a ''•F ' hydrated lime weight, shall., �;'' ;. r h dr by all' ;.b.g.�'1'+:�::•.�:, , . a� ! , required . Compaction of the lime^;l,;t`'' 1,4:::,..4.; • stabilization shall be 95% standar•,d:;::�'+ ' i ki?'i.;: . proctor density . s' ;t'�,f� '�. .• III:`'. � .1'.!S':,' . q j MEMORANDUM •= DATE: June 6, 1991 TO: City Council .-14;FROM: Bill Dashner , City Manager "immillo.. RE: Discuss and Consider Funding Shortfall for Infrastructure Needs for the Texas National Guard Armory When this project was formulated several years ago written agreements were not obtained. The commitments that were made but not in writing are as follows : Collin County Commissioners Court $150 ,000 Texas National Guard 50 ,000 Centennial Homes 69,405 City of Wylie 10 ,000 $279 ,405 Construction is suppose to start in August , however, in my professional opinion Centennial Homes does not intend to keep this commitment. Therefore, an additional $69 ,405 is needed prior to bidding water , sewer , street and railroad crossing improvements. I have attached some of the most recent work that I have done in an earnest effort to follow through on this project . • ao MEMORANDUM DATE: June 14 , 1991 TO: City Council FROM: Bill Dashner , City Manager en RE: Discuss and Consider Receipt of and Acknowledgment of Phase II Hydrogeologic Investigation of the City' s 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 . will be present to present the results of a 200 page study and an analysis of test well data at the landfill site over the past 1 1/2 years . This data will determine the action the City must take in filing a closure plan to the State Health Department . I have attached an executive summary of that report . • /N 6 .0 Conclusions In response to a letter from the TDH dated October 17, 1990, the City of Wylie contracted JN to complete a Phase II hydrogeologic assessment of the City' s landfill on Alanis Road. Soils at the landfill are best described as silty clays . The deepest boring completed indicates this lithology extends to a depth beyond 55 feet. Variation in soil types was nominal and included slight changes in color and silt and clay content. Three wells and two piezometers were successfully installed at the site. The deep well requested by TDH was not installed (with TDH concurrence) because the Austin/Taylor interface was determined to be at a much greater depth than anticipated by TDH. Four wells and two piezometers were successfully plugged and abandoned. Ground water was encountered at all well locations, however, MW-12 which is located on the west side of the landfill near the creek, did not produce water for several days . Ground-water contours indicate the direction of flow is generally east to west toward the creek. Ground-water samples were collected from the wells and analyzed for volatile organics, and constituents in groups 1, 2, 3, and 4 on the TDH' s ground water monitoring report form. Volatile organic compounds including chloroethane , trichloroethene , tetrachloroethene, acetone, and benzene were detected in the samples above detection limits . In a study entitled "An estimation of the Risk Associated With The Organic Constituents of Hazardous and Municipal Waste Landfill Leachates" by R.W. Brown and K. C. Donnelly (hereafter referred to as the Brown Study) , which was published in Hazardous Waste and Hazardous Materials, Volume 5, Number 1 , 1988, organic compounds found were found in leachate and/or ground water at three municipal landfills included in the study. The following information summarizes the organic contaminant concentrations in the wells at the City' s landfill, and indicates the concentration range of that contaminant in municipal landfills cited in the Brown Study. Additionally, the maximum concentration level (MCL) of organic contaminants in community water (at the tap concentrations) as established by the Environmental Protection Agency has been included where applicable. 1 . Chloroethane (ethyl chloride) was found at the Site in only one well (P-4) and was present at 0.037 mg/L. currently there is no drinking water standard for chloroethane. The Brown Study indicates chloroethane was found in municipal landfill leachate and/or ground water at a concentration of 0 . 17 mg/L. 2 . Trichloroethene (trichioroethylene) was found in only one /J9Z well (MW-14 ) and was present at 0.009 mg/L. The MCL for this compound in community water systems at the tap is 0 .005 mg/L trichloroethene. The Brown Study indicates trichloroethene was found in municipal landfill leachate and/or groundwater at concentrations ranging from 0.003 to 2 . 1 mg/L. 3 Tetrachloroethene (tetrachloroethylene) was found in one well (MW-25) at a concentration of 0 .025 mg/L. Currently there is no drinking water standard or MCL for tetrachloroethene. The Brown Study indicates tetrachloroethene was found in municipal landfill leachate and/or groundwater at concentrations ranging from 0 .017 to 0 . 24 mg/L. 4 . Acetone was found in two wells (P-3 and MW-13) at concentrations of 0 .37 mg/L and 0 . 033 mg/L. Currently there is no drinking water standard or MCL for acetone. The Brown Study indicates acetone was found in municipal landfill leachate and/or groundwater at concentrations ranging from 0 . 14 to 44 . 0 mg/L. 5 . Benzene was found in two wells (MW-12 and MW-13) at concentrations of 0 . 006 mg/L and 0 .005 mg/L. The MCL for benzene in community water (at the tap concentration) is 0. 005 mg/L. The Brown Study indicates benzene was found in municipal landfill leachate and/or groundwater at concentrations ranging from 0 . 004 to 9 . 6 mg/L. Because of the limited number of municipal landfills included in the Brown Study, JN cannot represent that the occurrence or concentrations of the organic chemicals in those landfills is representative of typical municipal landfill leachate and associated ground water. However, some general comments concerning the data are appropriate including: 1 . All of the organic constituents found in the wells at the City's landfill were also found in the Brown Study which would seem to indicate their occurrence in municipal landfills is common. 2 . All of the organic constituents found in the wells at the City' s landfill were within the respective range of concentrations for those same chemicals cited in the Brown Study. 3 . Three of the five volatile organic chemicals discovered in water samples from the City's landfill wells have no drinking water standard. Trichloroethene and benzene have a drinking water standard and concentrations in the wells at or slightly above the standard. Based on the data developed for this report, the concentrations of organics found during the most recent round of sampling at the /23 landfill do not appear to be excessive. The data presently suggests minor concentrations of volatile organics in the landfill leachate and associated ground water. Concerning the concentrations or constituents in Groups 1, 2, 3, and 4 of the TDH' s ground water monitoring report form, the TDH was contacted to obtain standards against which to evaluate the constituent concentrations . TDH indicated there are no standards for landfill leachate and associated ground water, and that the TDH evaluates constituent concentrations against pertinent drinking water standards . The MCLs for inorganic chemicals in drinking water are listed in Table 6 ; the ranges of concentrations of those chemicals found in the City' s landfill wells are also listed. Most of the inorganic constituents were found at concentrations greater than their respective MCL. Two of the constituent concentrations , arsenic and cadmium, equaled the MCL. Nine of the constituent concentrations were greater than the MCLs including barium, chromium, lead, mercury, selenium, chloride, iron, manganese, and sulfate . Four of the constituent concentrations were below the MCLs including nitrate, copper, fluoride, and zinc. Total organic carbon was high in all the wells and ranged from 45.0 to 320 . 0 mg/L. It should be noted that MW-12 did not produce sufficient water to collect and analyze replicate samples for total organic carbon. There is no standard for specific conductance (SP) , however it can be converted to total dissolved solids (TDS) by multiplying the SP by a conversion factor which ranges from 0 .55 to 0 . 75 . The standard for TDS is 500 mg/L. Using the conservative conversion factor of 0 . 55, the TDS ranges from 1,815 . 0 to 715 . 0 mg/L. Using the higher factor of 0 . 75 the TDS ranges from 2,475 .0 to 975 .0 mg/L. This evaluation indicates all the wells have a TDS concentration in excess of the limit. The data for inorganic chemicals described above suggests the wells at the site have been impacted by leachate from the landfill. However, MW-14 which was designated by TDH to be the upgradient well, contained volatile organics, a high specific conductance, five other inorganic constituents above the MCL, and high total organic carbon concentrations . The boring log for MW-14 indicates the well was not completed In a disposal cell and is not in contact with refuse. However, the data for MW-14 indicates water quality in the upgradient well has been influenced by landfill leachate or the quality of ground water upgradient of the Site is extremely low. It is most likely that ground water at MW-14 has been at least partially influenced by leachate from an adjacent landfill cell . Data collected during this investigation suggest landfill leachate has had an affect on the quality of ground water in the upper saturated zone beneath the Site. The data further suggest that high concentrations of volatile organics have not migrated into 0/0y that portion of the upper saturated zone monitored by the present ground water monitoring well system. The lithology of the Site appears to be very impermeable clay to depths well beneath the bottom of the landfill trenches. This is represented in all the boreholes completed during this investigation and is consistent with previous lithologic data obtained at the Site. • /Qc TABLE 6 ' CONTAMINANT LEVELS FOR INORGANIC CHEMICALS i Range of Concept/Titian Maximum Contaminant in wells Level . Constituent _ gIL mg/L Aresenic 0.05 0.05 Barium 1.2 - 0.085 1.0 Cadmium 0.01 0.010 Chromium 0.020 0.05 Lead 0.010 - 1 .050 _ 0.05 Mercur 0.00010 - 0.0021 0.0002 0.10 - 2.0 10.0 Nitrate (as N) 1 Selenium 0.050 - 0.590 0.01 Chloride 63.0 - 480 250.0 - Copper 0.020 1.0 Fluoride 0.11 - 1.2 4.0 Iron 0.010 - 21.0 0.30 Manganese 0.18 - 3.0 __ 0.050 - - Sulfate 2.5 - 950.0 250.0 i Zino 0.010 - 0.0290 5.0 .11 6.7 - 7.2 _ 8.5 - 8.5 JONES d NEUeE MEMORANDUM DATE: June 19, 1991 TO: City Council FROM: Bill Dashner, City Manage RE: Discuss and Consider Soliciting Competitive Bids for All Insurance Now Held By The City of Wylie Excluding Workman ' s Compensation , Medical and Life Insurance. According to my information it has been many years since the City of Wylie went out for competitive 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 Name Schedule Bond I am recommending that the City Council authorize solicitation for competitive bids on all of the above referenced insurance. I believe it would be in the best interest of the City to get competitive bids on this insurance. The insurance policies expire at various dates , however , each policy contains a thirty (30) day extrication provision . All of this insurance is provided by the Wylie Insurance Agency. Attachment : List Of Policies Attachment: List of policies / ? 7 QT ® WYLIE INSURANCE AGENCY, INC. i "Seeping You Since 1898" JOHN YEAGER, CIC _ __ 1 1 June 14, 1991 JUN I 7 .1991 I1I 11'1•ti �I . Mr. Bill Dashner _ ......_..-_-. City Manager City of Wylie P.O. Box 428 Wylie, TX 75098 Dear Mr. Dashner: Enclosed is a listing of policies written through our agency per your request. You should have a copy of each policy that details the specific coverages, limits and premiums. Should you have any questions or need additional information, please let me know. Sincerely, ,/ .ohn Yea er, CIC JY:ky 201 CALLOWAY • P.O. BOX 40 • WYLIE, TEXAS 75098 • 442-3505 • • • • • /0? . • • CITY OF WYLIE Type of Policy Policy Number Company Policy Period Business Auto TA 232-4350 Union Ins. Co 3-22-91 to 3-22-92 Texas Comm'l Package TP-1703824 Union Ins. Co 4-14-91 to 4-14-92 Public Officials Liability PE 57464 Tudor Ins. Co 7-11-90 to 7-11-91 Law Enforcement Liability PL 200355 National Casualty 4-14-91 to 4-14-92 Contractors Equipment IM 026-2682 Union Standard 10-1-90 to 10-1-91 Electronic Equipment DP 093-0164 Union Standard 5-3-90 to 5-3-91 Accident Policy 46 SR 234389 Hartford 3-30-90 to 3-39�91 (Police Reserve) Accident Policy 46 VP 530573 Hartford 4-15-91 to 4-15-92 (Volunteer Fire Department) Blanket Bond O1-EX-707892 American States 5-3-91 to 5-3-94 Tax Assessor Bond POB-0819706 American States 9-30-90 to 9-30-93 Name Schedule Bond EX 801-004 American States 5-31-91 to 5-3-94 MEMORANDUM DATE: June 19 , 1991 TO: City Council . �l FROM: Bill Dashner , City Manager �I RE: Discuss and Consider Pa ment of Claims for Legal Services in Litigation Involving the City of Wylie Case of Robert Russell Walker, City of Wylie v. Choya Tapp, and Choya Tapp v . City of Wylie Attached are three invoices from the law firm of Boyd Veigel , Attorneys at Law. This claim represents legal work required in one (1) Federal Civil Rights lawsuit involving an arrest made by the Police Department in which the arrestee has now on their own filed a Civil Rights lawsuit under the United States Code. By law the City had to respond to the lawsuit . The other two (2) lawsuits involve Mr. Choya Tapp. The total amount of the invoice for the services is $4 , 755. 82 Attachment : Detailed Claim /Jo • BOYD VEIGEL ATTORNEYS AT LAW 218 EAST LOUISIANA STREET McKINNEY, TEXAS 75069 Phone: 214/542-0191 Metro: 214/424-3548 MATTER: ROBERT RUSSELL WALKER '.i CITY OF WYLIE PAGE: 1 C/O MS. CAROLYN JONES INVOICE#: 9106090 CITY SECRETARY INV DATE: 6/18/91 P. 0. BOX 428 CLIENT#: 4027 WYLIE TX 75098 MATTER#: 91203 DUE UPON RECEIPT SUMMARY OF SERVICES THROUGH 6/14/91 DATE DESCRIPTION OF SERVICES 5/29/91 REVIEW OF PLEADINGS RECEIVED IN THE OFFICE; REVIEW OF OFFICER 'S STATEMENTS AND ARREST REPORTS; ORGAN— IZE MATERIALS; REVIEWING CIVIL RIGHTS CASES UNDER 42 U. S. C. 93; REVIEWING RULES OF PROCEDURE WITH RESPECT TO PLEADINGS, AND RESPONSE TO BE FILED; MAKING PREPARATIONS FOR PREPARING ANSWER AND MAKING APPEARANCE IN LAWSUIT; 6/04/91 READING CIVIL RIGHTS COMPLAINT FILED AGAINST CLIENT IN FEDERAL COURT AND REVIEW AND REVISION PROPOSED ANSWER TO BE FILED IN RESPONSE TO SAME; 6/04/91 REVIEW AND STUDY OF PLEADING RULES CONCERNING MOTIONS TO DISMISS FOR LACK OF JURISDICTION AND FOR FAILURE TO STATE CLAIM; PREPARING AND DRAFTING FIRST PROPOSED DRAFT OF ANSWER TO PLAINTIFF'S COMPLAINT; CONFERENCE WITH BRIEFING ATTORNEY RE— GARDING NEED FOR BRIEFING AND FILING OF DISPOSI— TIVE MOTIONS IN THE CASE; 6/04/91 REVIEW AND REVISE DEFENDANTS' ANSWER TO COMPLAINT; 6/04/91 OPEN FILE; 6/05/91 REVIEW AND REVISE ANSWER TO BE FILED IN THE CASE; FINALIZING SAME; INSTRUCTIONS TO LEGAL ASSISTANT WITH RESPECT TO FILING DEADLINE FOR ANSWER AND WITH RESPECT TO DRAFTING NOTICES TO TAKE THE DEPO— SITIONS OF THE HOSPITALS VISITED BY ADVERSE PARTY FOR MY REVIEW; 6/05/91 REVIEW AND REVISE ANSWER TO BE FILED IN THE CASE; CITY OF WYLIE PAGE: 2 INVOICE#: 9106090 INV DATE: 6/18191 CLIENT#: 4027 MATTER#: 91203 SUMMARY OF SERVICES THROUGH 6/14/91 CONTINUED DgTE DESCRIPTION OF SERVICES 6/05/91 PREPARE FIRST DRAFT OF NOTICE OF INTENTION TO TAKE THE DEPOSITION OF PHYSICIANS REGIONAL HOSPITAL (DUCES TECUM) AND FIRST DRAFT OF NOTICE OF INTEN- TION TO TAKE THE DEPOSITION OF NORTH TEXAS MUNIC- PAL HOSPITAL (DUCES TECUM) ; 6/05/91 PREPARE ANSWER FOR FILING; PREPARE LETTER TO CLERK FOR TRANSMITTAL; 6/06/91 REVIEW AND REVISE NOTICES OF INTENTION TO TAKE DEPOSITION; 6/06/91 CONFERENCE WITH CO-COUNSEL; REVIEW OF FILE AND PLANNING FURTHER REPRESENTATION; 6/07/91 DRAFT DEPOSITION SUBPOENAS TO BE SERVED ON NORTH TEXAS MEDICAL HOSPITAL AND PHYSICIANS REGIONAL HOSPITAL; DRAFT LETTER TO THE CLERK TRANSMITTING SAME FOR ISSUANCE; DRAFT LETTER TO THE ADVERSE PARTY TRANSMITTING NOTICES TO TAKE DEPOSITION; 6/07/91 PREPARE LETTER TO THE CLERK FOR TRANSMITTAL; 6/07/91 PREPARE NOTICES OF INTENTION TO TAKE DEPOSITIONS FOR FILING; PREPARE LETTER TO ADVERSE PARTY FOR TRANSMITTAL; 6/10/91 REVIEW OF FILE; PREPARE MEMORANDUM TO COUNSEL RE- GARDING STATUS OF CASE; SUMMARY OF EXPENSES DE$ RIPTION OF EXPENSg AMOUNT COPIES OF DEFENDANT 'S ORIGINAL ANSWER 2. 00 PHOTOCOPY 14. 35 POSTAGE/CERTIFIED 11. 52 LD TELEPHONE/FAX . 50 BOYD VEIGEL ATTORNEYS AT LAW 218 EAST LOUISIANA STREET McKINNEY► TEXAS 75069 Phone: 214/542-0191 Metro: 214/424-3548 MATTER: ROBERT RUSSELL WALKER ti CITY OF WYLIE PAGE: 1 3 . C/O MS. CAROLYN JONES INVOICE#: 9106090 CITY SECRETARY INV DATE: 6/18/91 P. 0. BOX 428 CLIENT#: 4027 WYLIE TX 75098 MATTER#: 91203 PROFESSIONAL SERVICES RENDERED: 2, 835. 00 TOTAL EXPENSES: 28. 37 TOTAL CURRENT BILLED: 2, 863. 37 THANK YOU, diiee":€ 1 WILLIAM M. BOYD • /13 BOYD VEIGEL ATTORNEYS AT LAW 218 EAST LOUISIANA STREET McKINNEY, TEXAS 75069 Phone: 214/542-0191 Metro: 214/424-3548 ij MATTER: CHOYA TAPP/CAUSE NO. 2—C155-91 CITY OF WYLIE PAGE: ! 1 C/O BILL DASHNER INVOICE#: 9106d91 P. O. BOX 428 INV DATE: 6/18,,91 WYLIE TX 75098 CLIENT#: :4027 MATTER#: 91208 DUE UPON RECEIPT SUMMARY OF SERVICES THROUGH 6/14/91 DATE DESCRIPTION OF SERVICES 5/16/91 CONFERENCE WITH CO—COUNSEL; REVIEW MATERIALS RE— CEIVED FROM CITY MANAGER OF WYLIE REGARDING LAW SUIT FILED IN DISTRICT COURT BY CHOYA TAPP AND PROCEEDINGS IN JP COURT FOR THEFT OF PUBLIC PROPERTY; REVIEW RELEVANT SECTIONS OF TEXAS RULES CIVIL PROCEDURE RELATING TO APPEAL OF JUDGMENT IN JP COURT; TELEPHONE CALL TO AND LEFT MESSAGE FOR CHRIS HOUSSIERE, ATTORNEY WHO REPRESENTED THE CITY OF WYLIE IN JP COURT; 5/17/91 CONFERENCE WITH CO—COUNSEL REGARDING STATUS; TELE— PHONE CONFERENCE WITH CHRIS HOUSSIERE, ATTORNEY WHO REPRESENTED CITY OF WYLIE IN JP PROCEEDINGS; MEMORANDUM TO CO—COUNSEL; 5/21/91 TELEPHONE CONFERENCE WITH CHRIS HOUSSIERE REGARD— ING STATUS OF JUDGMENT AND POSTING OF APPEAL BOND IN JP COURT; 5/22/91 TELEPHONE CONFERENCE WITH CHRIS HOUSSIERE; 5/24/91 REVIEW APPEAL BOND AND NOTICE OF APPEAL FILED WITH JP COURT BY CHRIS HOUSSIERE; TELEPHONE CONFERENCE WITH CHRIS HOUSSIERE TO CONFIRM MEETING TO TRANS— SFER AND DELIVER FILE ON MAY 28, 1991; 5/28/91 REVIEW PLEADINGS, CORRESPONDENCE AND OTHER MATERIALS IN FILE RECEIVED FROM ATTORNEY CHRIS HOUSSIERE; 5/29/91 LEGAL RESEARCH ON QUESTIONS RELATING TO MUNICIPAL 731 CITY OF WYLIE PAGE: 2 INVOICE#: 9106091 INV DATE: 6/1801 CLIENT#: 4027 MATTER#: 91208 SUMMARY OF SERVICES THROUGH 6/14/91 CONTINUED DATE DESCRIPTION OF SERVICES CORPORATIONS; UNINCORPORATED ASSOCIATIONS AND TITLE TO PROPERTY; 5/30/91 LEGAL RESEARCH; 5/31/91 TELEPHONE CALL FROM AND CONFERENCE WITH BILL DASH- NER IN REGARD TO COMPLETING APPEAL FROM JUSTICE COURT TO COUNTY COURT; I TOLD HIM I WOULD CHECK WITH OTHER COUNSEL AS TO STATUS; CONFERENCE WITH CO-COUNSEL IN WHICH HE SAID HE WAS HANDLING THIS MATTER; 6/04/91 TELEPHONE CONFERENCE WITH CHRIS HOUSSIERE TO RE- VIEW FACTS AND WITNESSES THAT CAME OUT AT JP HEARING; NOTES TO FILE REGARDING SAME; 6/05/91 PHOTOCOPYING COURT FILE; 6/05/91 TELEPHONE CONFERENCE WITH BILL DASHNER REGARDING STATUS OF CASE; DRAFT MOTION FOR SUBSTITUTION OF COUNSEL; BRIEF REVIEW OF COPY OF JP COURT TRANSCRIPT; 6/06/91 TELEPHONE CALL TO AND CONFERENCE WITH CITY MANAGER CONCERNING STATUS OF CASE; CONFERENCE WITH CO- COUNSEL; 6/07/91 CONFERENCE WITH LEGAL ASSISTANT; REVIEW OF MEMO AND REQUEST THAT CO-COUNSEL RETURN THE CALL; 6/12/91 TELEPHONE CONFERENCE WITH ATTORNEY TIM ROBINSON WHO ADVISED HE IS REPRESENTING MR. TAPP AT COUNTY COURT REGARDING DISPUTE OVER COMPUTER PRINTING; DRAFT AND DICTATE LETTER TO COURT CLERK; SUMMARY OF EXPENSES DESCRIPTION OF EXPENSE AMOUNT COLLIN COUNTY COURT AT LAW/COPY OF FILE 50. 00 CO. CO. CLERK/FILING AND PROCESSING FEE 40. 00 PHOTOCOPY 19. 95 /3f BOYD VEIGEL ATTORNEYS AT LAW 218 EAST LOUISIANA STREET McKINNEY, TEXAS 75069 Phone: 214/542-0191 Metro: 214/424-3548 MATTER: CHOYA TAPP/CAUSE NO. 2-C155-91 CITY OF WYLIE PAGE: • ; 3 C/O BILL DASHNER INVOICE#: 9106091 P. 0. BOX 428 INV DATE: 6/1801 - WYLIE TX 75098 CLIENT#: . 4027 MATTER*: 91208 PROFESSIONAL SERVICES RENDERED: 1, 782. 50 TOTAL EXPENSES: 109. 95 TOTAL CURRENT BILLED: 1, 892. 45 THANK YOU, (4;Wed2..,•/,; 14cZ% WI LIAM M. BOYD • /L3• • MEMORANDUM DATE: June 19 , 1991 TO: City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider Convening to Executive Session To 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 • • • • • • /I 7 • . .