06-11-1991 (City Council) Agenda Packet AGENDA
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, JUNE 11, 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 - 8 Consider approval of the minutes of May 28,
1991 City Council Meeting
2 9 - 13 Discuss and consider appointing New Members
to the Boards and Commissions to replace
those whose appointments are expiring
3 14 Discuss and Consider Appointment of a
Municipal Judge
4 15 - 16 Discuss and Consider Adoption of a Resolution
in Compliance with EPA Standards on
Industrial Pretreatment Program
5 17 - 21 Discuss and Consider Funding Shortfall for
Infrastructure Needs for the Texas National
Guard Armory
6 22 - 31 Discuss and Consider Special Investigation
Report on Southfork Mobile Home Park as it
Relates to All City Codes and Mobile Home
Ordinance (Provided under separate cover)
7 32 - 35 Discuss and Consider Pay Request #5 from E.
L. Dalton for Newport Harbor Sanitary Sewer
Project
8 36 - 45 Discuss and Consider Authorizing on
Lease/Purchase Basis Low Bid from Houston
Galveston Area COG a replacement and upgrade
of Police, Fire and 911 Radio Communication
System
9 46 - 58 Discuss and Consider Correspondence from
Deloitte & Touche on results of Phase I
Finance Department Audit and determine
appropriate response to Deloitte & Touch and
consider City Council Direction to Deloitte &
Touche on Phase I Finance Department Audit
and determine appropriate course of action
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
10 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
I 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.
11 Recess Open Meeting
12 Convene Council into Executive Session under
the Authority of Article 6252-17 V.A.C.S.,
Section 2 paragraph "E"
59 - 72 Discussion to determine appropriate action
relative to items of litigation involving the
City of Wylie, Inc.:
1. Choya Tapp V. City of Wylie
2. City of Wylie, et al V. Choya Tapp
3. City of Wylie, V. Chemical Recycling, INc.
13 Reconvene Council into Open Meeting
14 Consider any action necessary from Executive
Session
15 Adjourn
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 f 1/ day of
, 1991, in the Council Chambers of the
icipal Complex at 2000 Hwy. 78 North in the City of
Wylie, Texas, for the purpose of considering the attached
agenda.
Ire
Carolyn s,f Secretary
POSTED THIS THE /7 DAY OF . 199L ,
AT J: W. M.
CITY COUNCIL MEETING
MINUTES
MAY 28, 1991
The City of Wylie City Council met in regular session on
Tuesday , May 28 , 1991 at 7 :00 P.M. in the Council Chambers
of the Municipal Complex . A quorum was present and notice
of the meeting had been posted in the time and manner
required by law. Those present were Mayor John Akin,
Council Members Chuck Wible, William Martin, Jay Davis, Pat
Stemple and Percy Simmons, City Manager Bill Dashner , City
Secretary Carolyn Jones , City Engineer Paul Beaver , Finance
Director Curtis Warner and Public Works Director Bill
Flowers . Also present were Jim Swartz and Ortie Messenger,
Council Members Elect . Mayor Pro Tem Hughes was out of
town.
Mayor Akin called the meeting to order and Rev. Al Draper of
the First Baptist Church gave the invocation which was
followed with the Pledge of Allegiance.
APPROVAL OF MINUTES OF MAY 14TH AND 20TH, 1991 COUNCIL
MEETINGS : There being no corrections or additions to the
minutes, a motion was made by Councilman Simmons to approve
the minutes of May 14th and 20th as submitted . Seconded by
Councilman Wible. The vote was as follows : Mayor Akin - in
favor , Councilman Wible - in favor , Councilman Martin - in
favor, Councilman Davis - in favor , Councilwoman Stemple -
in favor , and Councilman Simmons - in favor . This motion
carried with all in favor .
OATH OF OFFICE: The City Secretary administered the Oath of
Office to newly elected Council Members Jim Swartz and Ortie
Messenger.
ELECTION OF MAYOR PRO TEM FOR ONE YEAR TERM - MAY, 1991 -
MAY, 1992 : A motion was made by Councilman Messenger to
elect Jim Swartz as Mayor Pro Tem. Seconded by Mayor Akin.
A motion was made by Councilman Martin to elect Don Hughes
as Mayor Pro Tem. Seconded by Councilman Simmons. The
vote on the first motion to elect Jim Swartz was as follows:
Mayor Akin - in favor , Councilman Swartz - in favor ,
Councilman Martin - against , Councilman Davis - against,
Councilman Messenger - in favor , and Councilman Simmons -
against. This motion did not pass , with three in favor and
three against . The vote on the second motion to elect Don
Hughes was as follows : Mayor Akin - against , Councilman
Swartz - against, Councilman Martin - in favor, Councilman
Davis - in favor , Councilman Messenger - against and
Councilman Simmons - in favor. This motion did not pass,
with three in favor , and three against .
A motion was made by Councilman Swartz to elect Jay Davis as
Mayor Pro Tem. Seconded by Councilman Simmons. The vote
was as follows : Mayor Akin - in favor , Councilman Swartz -
in favor , Councilman Martin - in favor , Councilman Davis -
against, Councilman Messenger - in favor , and Councilman
Simmons - in favor . This motion carried with five in favor
and one against .
CITY FINANCIAL REPORT THROUGH PERIOD ENDING APRIL 30, 1991 ,
SEVENTH (7TH) MONTH OF FY91 : The total approved budget for
FY 91 was $6, 029 , 076 (as amended by the City Council) . The
City has taken in total revenues of $4 ,159,025 and expended
a total of $3 , 532 ,240 during the first seven months. As of
April 30 , 1991 the City is carrying a positive balance of
$626,785 . The City also is reporting investments in the
amount of $3 , 198 ,667 .23 in invested accounts or operational
accounts. It was also noted that the Utility Fund is
suffering due to a great deal of rain fall . Through the
seventh month, the Utility Fund has received $1 ,134 , 185 and
spent $1,038 , 910 . Unless the next few months begin to show
better water sales, the Utility Fund could end the year with
a deficit. The City Council authorized lowering water and
sewer rate and supplanting this revenue loss with $180,000
worth of 1990 bond funds, $80 ,000 of this has already been
transferred into the Utility Fund, another $100 ,00 will be
transferred in at the end of the fiscal year when we
determine the condition of the Utility Fund. Also report
that the Wylie Development Corporation balance as of May 15 ,
1991 is $136,010 . 53 .
DEBT SERVICE PAYMENT FOR FY 91 AND ITS RELATIONSHIP TO CITY
BUDGET: The City of Wylie has 21 different debt service
payments that have been made and must be made through FY 91 .
This year ' s budget as amended was $6,000 ,000 . Of that
amount $1 , 325, 000 was to service the City debt . Through
today , the City has paid $884 ,000 in debt service and will
have to pay another $441 , 000 . during the next five months.
All of this money is being used to service City debt of
$17 ,600 ,000 .
REVENUE REPORT FROM PARK AND RECREATION ON USAGE OF
COMMUNITY PARK: Through May 28 , 1991 the City Park and
Recreation has collected a total revenue of $6,433 .00 . This
revenue has come from Athletic Field Fees, Lighting Fees and
Concession split . All of the money received is earmarked
for the Parks .
It was suggested that the Council look at putting the $1 . 00
donation back on the water bills.
DECLARING SURPLUS CITY PROPERTY AND AUTHORIZING A PUBLIC
AUCTION WHEREBY ALL SURPLUS CITY PROPERTY CAN BE DISPOSED OF
TO THE HIGHEST BIDDER: Each department head has submitted
his list of equipment that is no longer in working order or
no longer needed by the City. A lot of this equipment is
old, outdated and unoperational and can no longer be used
without spending more money to fix than the value of the
equipment. It is staffs recommendations to Council to
declare all this equipment surplus City property so that a
Public Auction can be held at the City Service Center to
sell it at auction . A motion was made by Councilman Martin
to approve a public auction and to declare the list of
equipment as surplus property for auction . Seconded by
Mayor Pro Tem Davis. The vote was as follows : Mayor Akin -
in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz
- in favor, Councilman Martin - in favor , Councilman
Messenger - in favor and Councilman Simmons - in favor.
This motion carried with all in favor .
ACCEPTING COMPETITIVE BID FOR THE PURCHASE AND FINANCING OF
ONE (1) NEW 1,250 GALLON PUMPER TRUCK ON LEASE/PURCHASE
BASIS : Staff received three bids on this item. One bid
from 3-D Manufacturing - Round Rock, Tex . did not meet
specifications . Sutphen Corporation of Amlin, Ohio
submitted a bid in the amount of $179 ,001 .00 with 100%
financing . With 3 year financing at 7 .65% interest and 5
year with 7 .70% interest and 7 year with 7 . 80% interest.
Sutphen Corporation also submitted a bid in the amount of
$192 ,699. 00 which exceeds our bid specification. Mr . Keith
Scott, representative of 3-D Manufacturing was present and
spoke with the Council . Fire Chief Lynch stated that there
were 12 exceptions to the bid submitted by 3-D
Manufacturing . Staff recommends award of bid to Sutphen
Corporation in the amount of $179 ,001 .00 .
A motion was made by Mayor Pro Tem Davis to award the bid to
Sutphen Custom in the amount of $179,001 .00 with a seven
year pay out plan. Seconded by Councilman Martin. The vote
was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis
- in favor, Councilman Swartz - in favor , Councilman Martin
- in favor , Councilman Messenger - in favor , Councilman
Simmons - in favor . This motion carried with all in favor .
HOUSTON-GALVESTON AREA COOPERATIVE PURCHASING AG_REEMENT:
This is an interlocal agreement which will enable the City
to purchase certain items through the Houston-Galveston Area
Cooperative Purchasing Program. HGAC annually solicits
competitive bids on selected big ticket items such as
automobiles and high tech equipment. Governmental agencies
may purchase equipment under any of the various HGAC
contracts and the prices are frequently much lower than we
might be able to obtain on our own bidding . The three
percent (3%) administrative fee charged by HGAC would be
worth it, if the savings are great enough. A motion was
made by Councilman Messenger to approve the agreement with
Houston-Galveston Area Cooperative Purchase Program.
Seconded by Councilman Simmons . The vote was as follows:
Mayor Akin - in favor , Mayor Pro Tem Davis - in favor ,
Councilman Swartz - in favor , Councilman Martin - in favor,
Councilman Messenger - in favor , and Councilman Simmons - in
favor . This motion carried with all in favor.
PURCHASE OF A COMMUNICATION RECORDER FOR CITY POLICE
DEPARTMENT: The City Council approved a $50, 000 drug
money expenditure for police equipment. One of the items
was a 10 channel communication recorder logger for police
dispatch . As a part of the bid process the City requested
bids on a reconditioned or new unit. The following bids
were received :
Creative Switching Designs Magnasync TR2000 $8 , 847 .50
Reconditioned
Dictaphone Corporation Dictaphone 5000 $11,619 .00
Reconditioned
Dictaphone Corporation -
Houston-Galveston Area Dictaphone 5000 $14 , 832 .72
New
The bid price for the Houston-Galveston Area on the new
Dictaphone 5000 series recorder is $14 , 832 .72 and includes
the HGAC administrative price. The list price for this
piece of equipment is $20 ,437 . Staff recommends that the
two reconditioned bids be rejected and the Council award the
bid to HGAC for a new Dictaphone 5000 series unit . A motion
was made by Councilman Martin to approve the bid award to
Houston-Galveston Area for a Dictaphone 5000 (new) in the
amount of $14 ,832 .72 . Seconded by Councilman Simmons. The
vote was as follows : Mayor Akin - in favor, Mayor Pro Tem
Davis - in favor , Councilman Swartz - in favor , Councilman
Martin - in favor , Councilman Messenger - in favor , and
Councilman Simmons - in favor . This motion carried with all
in favor .
MASTER METER BILLING AT SOUTHFORK MOBILE HOME PARK AND TAKE
RESPONSIBLE ACTION TO ELIMINATE WATER SALES LOSS: The City
placed a master meter at Southfork Mobile Home Park three
months ago. It was the decision of the City Council at that
time to convert 460 individual meters to one master meter
whereby the owner would pay all water , sewer and sanitation
bills . The City would either pull or sell the meters to the
owners. It has been documented that the City is losing
approximately $85,000 per year on the operation as it exists
today. The following is a comparison reading of the master
meter with the individual meters for the month of March :
Master Meter 4 ,046 ,100 gallons
Individual meters 1, 967 ,234 gallons
3
Difference in readings 2,078,866 gallons
Loss in Dollar Amount $5 , 304 . 97
Unless changes are made the City will continue to lose on
unmetered and unpaid for water . This has been going on for
five years with no action and all citizens are suffering
this loss of income and the special treatment given the
owner of this one mobile home park.
Mr . David Blankenship of 216 Sue Ellen requested that
someone other than a city employee come in to audit the
meter readings .
A motion was made by Councilman Simmons to authorize the
City to do a complete investigation of Southfork Mobile Home
Park on water loss, on all city codes and cablevision and to
see if Southfork Mobile Home Park is being treated as the
other mobile home parks are. Seconded by Mayor Pro Tem
Davis. It was also suggested that the new City Attorney,
the City Engineer and a representative from Southfork Mobile
Home Park do the investigation. The vote was as follows:
Mayor Akin - in favor , Mayor Pro Tem Davis - in favor ,
Councilman Swartz - in favor , Councilman Martin - in favor,
Councilman Messenger - in favor , and Councilman Simmons - in
favor. This motion carried with all in favor .
FIVE MOBILE HOME PARKS DELINQUENT AD-VALOREM TAXES AND
AMOUNT OF REVENUE THAT IS BEING LOST TO THE CITY : There are
five Mobile Home Parks in the City of Wylie with delinquent
taxes as follows:
Turner M. H. Pk. 1 lien $ 17 . 93
Lake Ray Hubbard M. H. Pk. 5 liens $ 425.47
Glenn Knoll M. H. Pk. 45 liens $ 4 ,999 . 56
Wylie Butane M. H. Pk. 29 liens $ 1 ,326 .70
Southfork M. H. Pk. 288 liens $24,997 .25
This is a total of $31,766 . 91 in delinquent taxes from
Mobile Home Parks.
Mr . Gary Estes of 518 Miss Ellie Cr . spoke about the
delinquent taxes , when he purchased his mobile home he found
that there were back taxes due . I had to pay these taxes
and the City worked with me. I would suggest to Council
that you foreclose or seize these properties, but please do
not de-annex this mobile home park.
Mr . David Blankenship of 216 Sue Ellen feels that he can
help the city collect these delinquent taxes .
UPDATE AND PROGRESS REPORT ON LANDFILL CLOSURE ACTION AND
RESPONSE FROM TEXAS DEPARTMENT OF HEALTH ON CITY 'S
PRELIMINARY PROPOSAL AND REPORT FROM JONES AND NEUSE: The
State has agreed to Option 2 and 3 , however, the State
rejected construction of the road over the existing
landfill . In the next 30 days the City will have enough
monitoring data from the landfill monitoring wells to
present a closure plan to the State. It is yet to be
determined whether Option 2 or Option 3 will be a part of
that closure plan. Principal factor of importance is the
one that is the most cost effective. The Engineer ' s report
will be submitted on June 7 , 1991 on test data from
monitoring wells.
Mr . David Buchanan of Jones & Neuse, Inc. reported that the
State received a report that ground-water in the original
well system was measured and sampled , results were reported
to TDH , monitoring wells Nos . 7 , 8 , 10 and 11 and
piezometers P-1 and P-2 were plugged . Also reported that
Piezometer P-3 and P-4 and the three new monitoring wells
were installed . One deep boring was completed to
investigate the Austin Chalk and was grouted to the surface,
also water levels were measured in all wells, new wells were
sampled and the bailer test was performed in one well and
boring logs for all wells completed during phase I were
drafted and submitted to TDH.
The Phase II investigation report will be submitted to TDH
by June 7 , 1991 and they will probably take one month to
evaluate the report and data. After this TDH will require
submission of a detailed closure plan . Mr . Buchanan stated
Jones and Neuse anticipates TDH will supply final
specifications for the landfill closure by July 31 , 1991 .
PAYMENT OF CLAIM TO JONES & NEUSE FOR INVOICE NO. 03-028901-
027 , APRIL 1991 SERVICES ON THE LANDFILL CLOSURE: This
invoice is in the amount of $3 ,645. 10 for work on the
landfill closure. All new monitoring wells are in place and
samples have been taken and tests results are currently
being analyzed by the consultants . A motion was made by
Councilman Martin to approve payment of invoice no. 03-
028901-027 in the amount of $3 , 645 .10 to Jones & Neuse.
Seconded by Councilman Messenger . The vote was as follows :
Mayor Akin - in favor , Mayor Pro Tem Davis - in favor,
Councilman Swartz - in favor , Councilman Martin - in favor ,
Councilman Messenger - in favor, and Councilman Simmons - in
favor. This motion carried with all in favor .
FINAL APPROVAL OF REVISED PLAN FOR BROOKSHIRE ' S INC. TO GAIN
ACCESS TO STATE HIGHWAY 78 : After eight months of
negotiation the hospital and Brookshire' s cannot agree on
joint usage of the hospital driveway. Brookshire' s has
submitted a revised plan which calls for their own
individual drive next to but separate from the hospital
drive, and the State Highway Department has issued
Brookshire' s a new permit to proceed. There will be ten
ingress/egress points on Highway 78 within approximately 300
yards . Staff has recommended to Brookshire ' s to conduct a
traffic study at their expense and present the data to the
State highway Department to prove a traffic signal is
necessary and required at this location for safety and to
move traffic . Brookshire' s has agreed to comply with this
at their expense. A motion was made by Councilman Simmons
to accept Brookshire' s letter agreeing to a traffic study
for signalization at their expense. Seconded by Councilman
Martin. The vote was as follows : Mayor Akin - in favor,
Mayor Pro Tem Davis - in favor , Councilman Swartz - in
favor , Councilman Martin - in favor , Councilman Messenger -
in favor, and Councilman Simmons - in favor. This motion
carried with all in favor .
PROPOSED CHANGE ORDER NO. 2 , NEWPORT HARBOR F.M./LIFT
STATION IN ORDER TO PROVIDE ELECTRIC POWER TO LIFT STATION:
The purpose of this change order is to bring 3 phase
underground electrical power to the lift station for the
pump motors . The proposed change order amount by the
existing contractor is $9, 145. TU is agreeable to bring
at their own cost, 3 phase power on existing wood poles from
FM 1378 1910 feet to a drop point on the alley north of
Anchor Drive. The City per its franchise agreement, would
have to provide the 700 foot connection between the lift
station and the last existing TU wood pole. The contractor
has completed laying the force main/gravity pipe and the
lift station equipment is in place. All the work remaining
is to bring power to the station, activate the electrical
equipment and perform the final inspection. A motion was
made by Councilman Simmons to approve Change Order #2 in the
amount of $9,145 . for electric power to lift station and to
enforce pro-rata to owner . Seconded by Mayor Pro Tem Davis.
The vote was as follows : Mayor Akin - in favor, Mayor Pro
Tem Davis - in favor , Councilman Swartz - in favor,
Councilman Martin - in favor , Councilman Messenger -
- against , and Councilman Simmons - in favor. This motion
carried with five in favor and one against.
REPLACEMENT OF SPEED BUMPS IN ALLEY LOCATED AT BALLARD AND
STONEYBROOK , NORTH SIDE: The City of Wylie Street
Superintendent distributed 55 survey forms in the area of
this alley. The survey forms have been returned and 49
residents want the speed bumps put back in and only one
wants them to stay out . Upon Council directions, staff will
put the speed bumps back in with the following caution:
1 . the City should be very careful of placing objects in
public streets and alleys that cause or could cause damage
to vehicles
2 . the City Council authorizes speed bumps in one alley
that could set a precedent, it leaves wide open to have to
place them in every alley in the City.
Mr John Pierrel of 604 Stoneybrook addressed the Council on
these speed bumps. Mr . Pierrel was against the speed bumps
being installed again .
A motion was made by Councilman Messenger to replace the
speed bumps in the alley located at Ballard and
Stoneybrook. Seconded by Councilman Swartz . The vote was
as follows : Mayor Akin - in favor , Mayor Pro Tem Davis -
against, Councilman Swartz - in favor , Councilman Martin -
against , Councilman Messenger - in favor , and Councilman
Simmons - in favor .
PROGRESS REPORT AND UPDATE ON FY91 COMPREHENSIVE STREET
IMPROVEMENT PROGRAM: When the entire area in and around
Brown Street and Jackson Street are completed the City will
have expended approximately $481 ,000 cash expenditures to
improve City streets and alleys . There has been a great
effort on upgrading the City streets in this years budget.
This $481 ,000 represents approximately 14. 7 miles of City
streets and alleys that either have been recycled and
asphalted or seal coated .
MAJOR DRAINAGE PROBLEMS THROUGHOUT THE CITY THAT WERE
IDENTIFIED IN AUGUST, 1990 AND PROGRESS REPORT ON PROBLEMS
ALREADY CORRECTED: There are 17 major drainage problems
that have been identified which are as follows :
1 . Rustic Oaks Subdivision - Drainage channel needs cleared
out - city is obtaining easements necessary to do this work
and should get started in July, 1991
2 . Kreymer & Brown Street - 54" underground pipe is
separating under the road - this problem was corrected when
Kreymer Lane was reconstructed
3 . Stonegrove Subdivision - continuous flooding on W. A.
Allen - water has been in three houses - staff is working
with several parties on this problem
4 . First Street - pipe separation and inlets are too small
for the amount of water in the area - this problem has been
corrected - cost was $4 ,600
5 . Stone Road at Rush Creek Lift Station - need larger box
culvert , water always goes over the road and must be blocked
off from a few houses - staff is working with Collin County
on this
6 . 301 S. 3rd St. (alley) - alley needs to be reconstructed
to correct all drainage
7. Graham Court - water from other areas concentrate in
back of one house and has washed down the fence before
8 . Akin Lane (next to Cemetery) - need to divert the water
to the other side of the road and go underground down fence
line - this problem was corrected with the reconstruction of
Akin Lane
9. Memorial Drive - needs larger pipe or new box culvert
under the road
10. Need to take inventory of all culvert pipe and driveway
approaches - some need replaced and some need cleaned
11 . Skyview Rd . - very bad erosion on curve at East Fork
Park
12 . Intersection of State Hwy. 78 and Ballard - southeast
corner - this problem has been corrected - joint project
with State and City
13. Brown and Eubanks - has been completed
14 . W. A. Allen Area off school property - working with Mr .
Whitt and Mr . Tibbals
15. Lake Ray Hubbard Mobile Home Park - the owners are
correcting this
16. Birmingham/Jackson - State Highway and Railroad project
and it has been completed
17 . 110 Douglas - drainage problem in alley - this has been
reviewed by the City Engineer and and there are several ways
to correcting this problem - estimated cost is from
$2,568 .25 up to $8 , 199 . 00 depending on which way the Council
chooses
Mr . Joseph Masters of 110 Douglas addressed the Council on
this problem.
Council gave staff a directive to use the third solution -
cost of pipe is $368 .25 plus labor and equipment and to cut
estimated 3" V ditch approximately 300 ' total cost of the
project will be approximately $2 ,568 .25 and to do the work
when possible.
ACCEPTANCE OF FORMAL PROPOSAL FROM DELOITTE AND TOUCHE ON
COMPREHENSIVE AUDIT OF CITY OF WYLIE FINANCE DEPARTMENT
OPERATIONS: The firm of Deloitte and Touche has completed
their examination of the weakness and improvements that are
needed and necessary in the Finance Department . Their
report shows it is necessary for improvement in four
fundamental areas :
Internal Accounting Controls
Utility Billing System
Municipal Bond Compliance
Accounting Policies and Procedures
Deloitte and Touche proposes that the work will take
approximately 10 weeks and will have a fee as follows:
Internal Accounting Controls $16, 000 - $21,000
Utility Billing System $18 ,000 - $30,000
Municipal Bond Compliance $ 5 ,000 - $ 7 ,500
Accounting Policies and
Procedures Documentation $22,000 - $32,000
This is a estimated total of $61 ,000 to $91 ,500 cost to the
city.
A motion was made by Councilman Martin to table this item at
this time. Seconded by Councilman Simmons . The vote was as
follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in
favor , Councilman Swartz - in favor , Councilman Martin - in
favor, Councilman Messenger - against and Councilman Simmons
- in favor . This motion carried with five in favor to table
and one against.
APPROVAL OF CITY MANAGER ATTENDING THE TEXAS CITY MANAGER'S
ASSOCIATION ANNUAL MEETING: The Texas City Managers
Association will hold it' s annual conference on June 14 -
June 18 in Corpus Christi . City Manager Bill Dashner
stated he would leave on Saturday, June 15 and return to the
office on Wednesday, June 19 , 1991 . A motion was made by
Councilman Simmons to approve the City Manager attending the
Texas City Manager ' s Association Annual meeting. Seconded
by Councilman Martin. The vote was as follows : Mayor Akin
- in favor , Mayor Pro Tem Davis - in favor , Councilman
Swartz - against, Councilman Martin - in favor , Councilman
Messenger - against, and Councilman Simmons - in favor .
This motion carried with four in favor and two against.
CITIZEN PARTICIPATION : Mayor Akin invited the citizens
wishing to address the Council to come forward at this time
and to state their name and address for the record and to
keep their comments within five minutes. Any discussion
will be limited to placing the item on a future agenda for
further consideration.
Mr . Joseph Masters - 110 Douglas addressed the Council on
the standing water in front of 108 and 110 Douglas Dr.
Mr . Steve Wright - 406 Stone St . - addressed the Council on
the Finance Report - Audit and Appeal to a law suit .
Mr . Gary Estes - 518 Miss Ellie Cr . - addressed the Council
about high weeds along FM 544
Mr . John Tobin - 1109 Hughes Ct. - addressed the Council to
work together and pull together for the best interest of the
City.
There being no other items for discussion, a motion was made
at 11 :30 P.M. to adjourn with all in favor.
John W. AKin, Mayor
ATTEST:
Caro3yn Jones, City Secretary
MEMORANDUM
DATE: May 10 , 1991
TO: City Council
.14 I
FROM: Bill Dashner , City Manage
RE: Discuss and Consider Appo nting New Members to the
Boards and Commissions to Replace Those Whose
Appointments are Expiring
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 .
PLANNING & ZONING
Bart Peddicord July 1991 (Also on Wylie Development
Board)
Cecilia Wood July 1991
Richard Eckman July 1991
Bobby J Jennings July 1991
PARKS AND RECREATION
Bryan T Glenn July 1991
Peggy Sewell July 1991
Willie Calverley July 1991
ZONE BOARD OF ADJUSTMENTS
Sue Ellen Neal July 1991
Gerald Clark July 1991
Michael Cole July 1991
Fred B Bennett July 1991
LIBRARY BOARD
Cathie Upshaw July 1991
Jan Morgan July 1991
Barbara Jennings July 1991
WYLIE DEVELOPMENT CORPORATION
Raymond Cooper August 1991
CITY COUNCIL REPRESENTATIVE FOR NTCOG
Steve Wright May 1991
A57
TO: BILL DASHNER, CITY MANAGER
FROM: CAROLYN JONES , CITY SECRETARY
DATE: JUNE 4 , 1991
SUBJECT: BOARDS AND COMMISSIONS TERMS EXPIRING IN JULY
There are three activity boards with terms expiring in July,
19 91 .
Planning and Zoning - 4 Members whose terms expire in
July , 1991
Parks & Recreation - 3 Members whose terms expire in
July, 1991
Library Board - 3 Members whose terms expire in
July, 1991
There are two boards, Zoning Board of Adjustments and
Construction Trade Board that have not held a meeting during
the past year , but do have members whose term expires in
July, 1991 .
The Council may or may not re-appoint these members, or may
choose to appoint new persons to the boards. This should be
done prior to July 1 , 1991 . In the past I have run an ad in
the paper to see if anyone was interested in serving on
these boards. If this needs to be done, please let me know
so that the ad can run next week.
********** *********************************************************************************************************************
BOARD & TITLE NAME SPOUSE ADDRESS P.O. BOX HM. PHONE WK. PHONE DATE APPT. TERM EXP.
********************************************************************************************************************************
CITY COUNCIL
MAYOR JOHN W. AKIN PAULINE 303 N. KEEFER 903 442-5091 MAY 90 MAY 92
COUNCIL PL. #1 JIM SWARTZ LOIS 506 W. JEFFERSON 442-5583 278-8546 MAY 91 MAY 93
COUNCIL PL. #2 WILLIAM MARTIN ANN 402 HILLTOP 175 442-5328 368-5865 MAY 90 MAY 92
COUNCIL PL. #3 JAY D. DAVIS SANDRA 102 W. BROWN 442-3278 442-1904 MAY 91 MAY 93
COUNCIL PL. #4 DON HUGHES GENENE 408 HILLTOP 1329 442-1166 442-3131 MAY 90 MAY 92
COUNCIL PL. #5 ORTIE MESSENGER IRENE 504 RUSTIC PL. 442-2172 414-8228 MAY 91 MAY 93
COUNCIL PL. #6 PERCY SIMMONS GRACIE 200 RUSH CREEK 442-3629 442-3595 MAY 90 MAY 92
PLANNING & ZONING
CHAIRMAN BART PEDDICORD BETTY 104 DOUGLAS DR. 442-3723 JULY 87 JULY 91
VICE CHAIRMAN CECILIA WOOD 515 WOODHOLLOW DR. 638 442-5144 JULY 87 JULY 91
MEMBER GEORGE FOURNIER 53 GARY WAY 442-4320 442-6779 SEPT. 90 JULY 92
MEMBER CLEO ADAMS JOANNE 403 DUNCANWAY 442-2589 JULY 90 JULY 92
MEMBER RICHARD ECKMAN 427 GASTON DR. NORTH 442-3276 OCT. 89 JULY 91
MEMBER BOBBY J. JENNINGS BARBARA 501 GASTON DR. NORTH 442-0102 JUNE 89 JULY 91
MEMBER ROBERT FLINT PATTI 408 GASTON DR. EAST 442-7030 JULY 90 JULY 92
PARKS & RECREATION
ZI4'
CHAIRMAN BRYAN T . GLENN 1205 SHEPPARD 442-3760 480-2752 JULY 89 JULY 91
_ VICE CHAIRMAN B. J. UPSHAW 101 N . FIRST 442-6220 NOV. 89 JULY 92
NMEMBER PEGGY SEWELL 511 WOODHOLLOW 442-2450 SEPT. 90 JULY 91
MEMBER WILLIE CALVERLEY 300 S. SECOND 442-6320 SEPT. 90 JULY 91
MEMBER JOHN BURNS 505 STONEYBROOK 442-1943 942-2340 MAY 90 JULY 92
MEMBER SCOTT BROWN 308 MEMORIAL 442-9223 SEPT. 90 JULY 92
MEMBER CHARLES STETLER 1110 HUGHES CT. 442-2515 MAY 90 JULY 92
ZONE BOARD OF ADJ.
MEMBER MARILYN HERRERA 503 DOGWOOD 442-1688 JULY 90 JULY 92
MEMBER ROBIN MESSER 1305 SHEPPARD LN. 442-5181 JULY 90 JULY 92
MEMBER SUE ELLEN NEAL DAVID 509 GRAHAM LN. 442-7587 AUG. 88 JULY 91
MEMBER GERALD CLARK JOAN 505 QUAIL CREEK 442-6072 234-7457 JULY 88 JULY 91
MEMBER WHITMAN WARD 1401 SHEPPARD LN . 442-7157 JULY 90 JULY 92
ALTERNATE MICHAEL COLE 114 PULLMAN PL. 442-3355 JULY 90 JULY 91
ALTERNATE FRED B. BENNETT 203 LIBERTY DR. 442-3276 JULY 89 JULY 91
*****v***************************************************t****,******************************************************************
BOARD & TITLE NAME SPOUSE ADDRESS P.O. BOX HM. PHONE WK. PHONE DATE APPT. TERM EXP.
********************************************************************************************************************************
CONSTRUCTION CODE
CHAIRMAN KEVIN ST. JOHN PAM 304 BRIARWOOD 442-1041 442-3544 JULY 88 JULY 92
MEMBER JOHN SEELEY 1507 SCHOONER BAY 442-3898 680-0602 JULY 88 JULY 92
MEMBER FRANK SPINGOLA MARY LOU 508 RUSTIC PL. 442-6909 JULY 88 JULY 92
MEMBER BRIAN CHANEY 306 BRIARWOOD 442-6458 SEPT. 90 JULY 92
MEMBER MIKE HAWKINS 404 HILLTOP 442-4099 SEPT. 90 JULY 91
MEMBER JULY 91
MEMBER MARK STAFFORD 418 ELLOIT ST. 442-7206 JULY 87 JULY 91
MEMBER KEVIN ALTIMIER 510 RUSTIC PLACE 442-7397 JULY 88 JULY 91
LIBRARY BOARD
CHAIRMAN MARY JO SMITH 406 BRIARWOOD 442-2413 APRIL 83 JULY 92
MEMBER SHIRLEY BURNETT 327 S. FOURTH 442-5767 JULY 90 JULY 92
MEMBER BETTY STEPHENS DAVID 1006 FOXWOOD LANE 442-1874 442-5444 JULY 88 JULY 92
MEMBER CATHIE UPSHAW 101 N . FIRST 442-6220 NOV. 88 JULY 91
MEMBER RETHA TIBBALS HARRY 407 HILLTOP 442-5795 JULY 90 JULY 92
MEMBER JAN MORGAN 306 DOGWOOD CT. 442-2794 JULY 89 JULY 91
MEMBER BARBARA JENNINGS BOBBY 501 GASTON DR. NORTH 442-0102 JULY 89 JULY 91
W
CITY STAFF
CITY MANAGER BILL DASHNER 401 FLEMING #907 442-7579 442-2236 JULY 90
CITY SECRETARY CAROLYN JONES 1504 ANCHOR DR. 825 442-3776 442-2236 MAY 81
PUB. WKS. & ENG. PAUL BEAVERS 2111 CORNELL , RICHARSON 690-8656 442-2236 JUNE 90
PUB . WORKS. DIR. BILL FLOWERS 302 WOODHOLLOW CT. 442-4400 442-7588 SEPT. 90
FINANCE DIR. CURTIS WARNER
CODE ENF. OFF . RICK HERTZBERGER
LIBRARY DIR. PHYLLIS FLOYD
CHIEF OF POLICE
MEMORANDUM
DATE: June 5, 1991
TO: City Council
14 FROM: Bill Dashner, City Manage L.
RE: Discuss and Consider the ppointment of a Municipal
Judge
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.
MEMORANDUM
DATE: June 5, 1991
TO: City Council
FROM: Bill Dashner , City Manager
RE: Discuss and Consider Adoption of a Resolution in
Compliance With EPA Standards on Industrial
Pretreatment Program
According to EPA regulations the City of Wylie must adopt a
formal resolution on the City' s Industrial Pretreatment
Program. In January the City went under contract with North
Texas Municipal Water District to monitor and run necessary
tests on the City' s Industrial Pretreatment Program. The
City now has eight (8) industries on this particular program
which has to be monitored and tested as required by EPA
regulations . Since the North Texas Municipal Water District
is doing this by contract a resolution is required . You
will recall that the City was using a private consulting
firm which helped put this program in place . The City is
trying to recover administrative cost through recoverable
user fees . I have attached a copy of that resolution for
adoption .
RESOLUTION NO.
A RESOLUTION OF THE CITY OF WYLIE , WYLIE,
TEXAS ENDORSING AN INDUSTRIAL PRETREATMENT
PROGRAM IN CONFORMANCE WITH NATIONAL INDUSTRIAL
PRETREATMENT REGULATIONS FOR THE WYLIE WASTEWATER
SYSTEM.
WHEREAS, the City of Wylie desires that no industry
discharge wastes into the city' s collection system
that can damage the system, upset the wastewater
treatment plant , or pass through the plant to harm
the environment ;
WHEREAS, in pursuit thereof , industries that could
contribute such harmful wastes must be monitored
and regulated in a fair and equitable manner;
WHEREAS, the Congress of the United States has enacted
legislation and the United States Environmental
Protection Agency has promulgated regulations and
issued a permit that requires an Industrial
Pretreatment Program for the City of Wylie with
certain uniform standards;
WHEREAS, pursuant thereto, the City of Wylie and the North
Texas Municipal Water District have entered into a
Multijurisdictional Pretreatment Agreement that
delineates the duties and responsibilities of each
governing body in carrying out an EPA-approved
Industrial Pretreatment Program;
Now Therefore, Be It Resolved By The City Council , City of
Wylie, Texas that
SECTION I , The City Council of the City of Wylie hereby
endorses the Industrial Pretreatment Program in
cooperation with the North Texas Municipal Water
District to protect the Wylie Wastewater System in
conformance with applicable local , state and
federal laws and regulations .
SECTION II The City Council of the City of Wylie instructs
the City Manager to set aside the needed funding
to monitor and regulate industries adequately so
as to conform to the requirements of the National
Industrial Pretreatment Program.
DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS
ON THE DAY OF , 1991 .
John Akin , Mayor
ATTEST:
Carolyn Jones, City Secretary
6
MEMORANDUM
DATE: June 6 , 1991
TO: City Council
FROM: Bill Dashner, City Manager "m....mo
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. 1 have attached some of the most
recent work that I have done in an earnest effort to follow
• through on this project .
4°-
e
CITY OF WYLIE
2000 HWY, 78 N. - P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
June 6 , 1991
Texas National Guard Armory Board
Bill Beaty
Bldg . 64-Camp Mabry
P. 0. Box 5426
Austin , Texas 78763
Dear Mr . Beaty,
After our meeting yesterday June 5 , 1991 on infrastructure
needs for the National Guard Armory I faxed the funding
package requirements to Mr . Nick Serris of Centennial Homes ,
Inc. I also followed up with a telephone call today, June
6 , 1991 . In my discussion with Mr . Serris of Centennial he
indicated several factors that concern me very much about
whether Centennial is going to live up to their agreement to
contribute their share which is $69 , 000 . He stipulated that
this would all have to be cleared with his boss and that he
was concerned about who would be the custodian of the funds .
He also mentioned that Centennial will probably require the
draw down concept or letter of credit concept . Another
words Centennial will not transmit the $69 ,000 up front . It
would possibly be transmitted on an as need basis .
In my opinion this concept cannot be used because all the
money has to be up front prior to competitive bidding and
awarding of a contract . In my opinion governmental units ,
whether it be Collin County or the City of Wylie, cannot
award a bid based on promises of payment which is the case
with Centennial Homes , Inc. In closing , I am very concerned
about Centennial Homes , Inc . commitment , therefore, I
suggest that you look for other funding sources to replace
the $69 ,000 committed by Centennial Homes , Inc . I don ' t
believe its the City of Wylie' s responsibility to fund the
$69 ,000 . The City of Wylie is already putting up $10 ,000
cash. I am glad that Collin County has tentatively agreed
•
8
PAGE 2 of 2
to be the project manager . I believe that the City of Wylie
has kept its commitment on this project . It is very
unfortunate that firm written agreements were not obtained
when this project started several years ago .
Sincerely,
41441
Bill ashner
City Manager
cc: Ruben Delgado , Collin County
Paul Beaver , City Engineer
•
lvt lie
CITY OF W YLIlia
2000 HWY. 78 N. - PO BOX 428
WYL.IE. TEXAS 75098
(214) 442-2236
June 5 , 1991
Nick Serris
Centennial Homes , Inc .
5720 LBJ Suite 610
Dallas, Texas 75098
Dear Mr . Serris ,
The Texas National Guard Armory Board , the Collin County
Commissioners Court and the Wylie City Council are ready to
go out for competitive bids on the water line extension ,
sewer line extension, Springcreek Parkway extension
construction and installation of the railroad crossings fur
the construction of the new National Guard Armory.
Therefore, we are officially requesting that you transmit to
the City of Wylie your share of the original agreed upon
package for this major development . The cost share is as
follows :
Collin County Commissioners Court $150 ,000
Texas National Guard $ 50 ,000
Centennial Homes $ 69 ,405
City of Wylie $ 10 , 000
$279 , 405
We are requesting that the funds be transmitted as soon as
possible since we will not be permitted to go out for
competitive bids until all the money is in hand. Texas
National Guard , Collin County and the City have already
transmitted their share of this packaged project .
Thank you very much for your cooperation in this very
important matter .
Sincerely,
1/4444f
--E.2.1:._ E„
i 1 B at 11 Dashner B
(77-; eAkff. .401 / - •
1B 1 e y ?ben Delga• s
City Manager Texas National Guard Collin County
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MEMORANDUM
DATE: June 3 , 1991
TO: City Council
FROM: Bill Dashner, City Manager
RE: Discuss and Consider Special Investigation Report
On Southfork Mobile Home Park as it Relates to All
City Codes and Mobile Home Ordinance (Provided Under
Separate Cover)
Attached to this transmittal is the special report from the
City Code Enforcement Officer as it relates to Southfork
Mobile Home Park. The Code Enforcement Officer has outlined
in this report violations of code and or the Mobile Home
Ordinance . Also , attached is a report from the Director of
Finance on verification of the master meter reading for
March unaccounted for water .
as
MEMORANDUM
TO : Bill Dashner, City Manager
FROM: Paul D. Beaver, Director of Planning & Engineering fa
DATE: June 4, 1991
SUBJECT: Southfork Mobile Home Park
inspection Report
June 3, 1991
2:00-3 :30 p. m.
The violation items listed below are the results of my
inspection of 35 lots at the Southfork Mobile Home Park.
Trailer No.
#393 - Occupied
No underpinning
Water - Check valve but no back flow preventer.
No pipe weather protection.
Cable TV - Line not buried
Sewer riser not adequate height (4"-6" required)
#394 - Occupied
Outside Antenna (Not supposed to have)
#234 - Occupied
Water - No back flow prevention
Sewer riser not adequate height (4"-6" )
#257 - Occupied
No underpinning
#314 - Occupied
Access Building too close to Mobile Home ( 15' min. )
0?3
#274 - No Trailer
Water line not capped
#561 - No Trailer
No Water line cap
#563 - Occupied
Abutting store room
#564 - Occupied
Abutting store room
#535 - Occupied
Abutting store room
#534 - Occupied
Abutting store room
Setback violation ( 15' ) with #523
#527 - Occupied
Satellite Dish not in code
#650 - Occupied
Abutment of building
Sitting on top of gas line
$431 - Occupied
Abutment of building
#609 - Occupied
#608 - Occupied Front Setbacks
#607 - Occupied Setbacks 10'
#603 - Occupied
Note : Front yard setbacks throughout are
numerous violations
Lots undersized.
Estimated 50% of all buildings have
setback violations. (Check plan and
Mobile Home Subdivision Ordinance for
variances )
#2 - Occupied
Front porch screened (possible permit violation)
#118 - Occupied
Possible numerous porch additions
#98 - No Trailer
Gas line not capped
Water line not capped
#116 - No Trailer
Gas line not capped
#66 - No Trailer
Gas line not capped
#57 - No Trailer
Water line not capped
#56 - No Trailer
Water line not capped
#327 - Occupied
Two accessory buildings too close
#326 - Occupied
In process construction of accessory building
(No permit)
S
a
#371 - Occupied
No underpinning
#369 - No Trailer
Gas line not capped
Water line not capped
#505 - No Trailer
Junk and debris
Gas line not capped
#508 - No Trailer
Gas line not capped
#503 - Occupied
No underpinning
Junk and debris
#406 - No Trailer
Gas line not capped
#722 - Occupied
Junk and debris
After surveying 50% of the Park, approximately 100 TV
Antenna violations.
Please note that a comprehensive inspection of the
approximate 700 lots would take 2-3 weeks, but can be
accomplished upon your direction.
MOBILE HOME PARK INSPECTIONS - CODE ENFORCEMENT DEPARTMENT
SOUTHFORK MOBILE HOME PARK
A. Current violations per MHP ordinance 85-5
(1) Section 14 . 09 - Transfer of Licensee - Code
Enforcement has not received a 30 day notice of
transfer of license for recent transfer of interest in
or control of park. (Refer to May 26 conversation with
Reggie, who informed me that Holgian has sold his
interest in SFMHP) The MHP license can be transferred
only if the park is in compliance with the adopted MHP
ordinance.
(2) Current inspection procedure is as follows :
a. Plumbing - permit and inspection when gas meter is
removed , allows the inspection of gas line from meter
to the mobile home connection (15 psi minimum) . Notes
of Interest : Some gas hookups have been found with a
low pressure appliance connector in use from gas outlet
to mobile home (2-4 ' maximum) . This is commonly a
plumbing error on rehook-up, and red tagged
immediately.
b. Electric - permit and inspection when meter is
removed, allows the inspection of grounding system at
mobile home meter riser , as well as inspection for
proper ground clearance and disconnect covers .
c. Water - no periodic inspection , since all water
lines were inspected on initial installation. See
semi-annual inspection sheet for detail of other
inspections .
d . Sewer - no periodic inspection , since all sewer
lines were inspected on initial installation . See
semi-annual inspection sheet for detail of other
inspections .
B. Possible violations in existence - to be determined
after inspection .
(1) Improper back flow assembly on reservoir intake
pipe, and on individual mobile homes , which is a common
problem with mobile homes that are frequently moved ,
due to improper installations .
(2) An electric contractor has brought to my attention
that there may exist , in some mobile homes , an improper
overcurrent protection situation from the service pole
to the mobile home connection . This problem has
evolved from the frequent change of mobile home
placement , per lot , from a 100 amp home to a 200 amp
total electric system. I will have an outside electric
company respond to this , since this could be very
dangerous , and will need immediate expert attention .
(3) The City of Wylie MHP ordinance does not clearly
define the setbacks on accessory buildings , so the
zoning ordinance must take precedent . This means all
accessory buildings must be in the rear yard (very hard
to determine on mobile homes) , 6 ' from side lot line,
10 ' from rear lot line, and 15 ' from the mobile home.
This situation will result in numerous violations , so I
suggest an amendment to the MHP ordinance to better
adapt to the mobile home arrangements . This accessory
building ordinance is also under review for other
related zoning districts .
(4) Gas/Electric service - during the course of our
departments regular electric and gas inspections , we
have red-tagged several illegal connections that were
previously approved (1986-1989 ) or possibly changed
after inspection . These will be called out during the
regular semi-annual inspection , and on a continual
basis , per new installations or change of service.
(5) Antennas - one central antenna is allowed , yet
numerous mobile homes have outside antennas .
C. Comments on past inspection history of SFMH Park:
(1) From 02/13/86 to 07/29/87 , gas and electric
inspection permits were issued for 639 lots . I am
assuming that Roy Faires subsequently inspected the
installation of "lot perimeter" , water , sewer , gas and
electric installations , but his record keeping did not
show actual mobile home inspections for setbaks and
anchoring. I am again assuming that Roy trusted the
SFMH Park installers to follow the City of Wylie Mobile
Home Park ordinance per setbacks and anchoring since
his department was very busy during that time period .
Even so, the mobile home park was still responsible for
proper mobile home placement as well as complying with
other provisions of the mobile home park ordinance.
(2) Ordinance 85-5 requires a park inspection every 6
months and I have found only one inspection dated
8
December of 1986 . Several violations were recorded,
but I assume no action was taken due to workload at
that time. My opinion is that if the prior code
enforcement department (1985-1989) had been able to
actively conduct a semi-annual inspection of the Park,
with violation enforcement , then 70% - 90% of the
current violations would not be currently in existence.
Of course, this still does release SFMH Park from full
compliance with our Mobile Home Park and Zoning
ordinance. Also, I find no record of the "required"
quarterly register inspection by the code officer, for
tax reporting purposes .
(3) Ordinance 86-39 amends section 7 . 01 paragraph L.
relating to age of mobile homes (4 years) . The change
is to a requirement for a H .U.D. approved label . State
law prohibits Municipalities from enacting ordinances
concerning mobile homes that would be more stringent
than H.U.D. requirements. Roy Faires did try to
enforce the four (4) year requirement in 1986 , but was
court ordered to remove or change this paragraph.
D. Future Mobile Home Park Inspections by Code Enforcement
will inspect for the following :
UPC= Uniform Plumbing Code 1988
(1) Water Connections - backflow preventers, 3/4"
lines , proper freeze protection , proper riser heights
and vacant lot water line capping . (UPC)
(2 ) Sewer Connections - 4" sewer riser at least 4"
high with adaptable 3" connection to mobile home. (UPC)
(3) Gas Connections - already periodic inspection , but
will check for proper riser height and connection
arm. (UPC)
(4) Electric Connections - already periodic
inspection , but will check for proper grounding and
meter placement . (National Electric Code - 1987)
(5) Setbacks - front=20 ' , back=10 ' , 20 ' minimum
separation between homes , 20 ' wide parking and 5 ' side
setbacks
(6) Accessory buildings - to be individually
determined due to inaccurate description in MHP and
Zoning Ordinance .
(7) Proper fencing on lot perimeter as well as Park
perimeter fence condition .
(8) HUD labels - proper identification and dates .
(9) Ground Cover - lot landscaping and drainage as
well as junk and debris
(10) Illegal antenna placement
(11 ) Insect and Rodent control
(12) Street condition - 27 ' wide minimum - no on street
parking unless a 16 'W X 10 ' L parallel space is provided
outside of 27 ' width
In conclusion , the parks recreation and business facilities
will be inspected per City of Wylie adopted Uniform Codes .
This semi-annual inspection will average a "minimum" of 15
minutes per mobile home with a maximum of 25 inspections a
day,due to workload from other areas of code enforcement .
Depending on the number of available and qualified
inspectors , my prediction is at least 30 working days for
SFMH park inspections ,
Jo
N �yliie
CITY OF WYLIE
2000 HWY. 78 N. - P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
John Akin
Mayor MEMORANDUM
TO: Bill Dashner, City Manager
Don Hughes FROM: Curtis Warner, Finance Director
Mayor Pro-Tern RE: Southfork Water Consumption Report
DATE: 06/04/91
William Martin By your request, we have completed the internal audit for
City Council the Southfork Water Consumption Report.
The results are as follows:
MARCH'S CONSUMPTION
Pat Stemple
City Council Master Meter Reading 4 ,046, 100
Billed Amount 1,967,234
Difference 2,078,866
The daily average loss for March equaled to 82,573 and when
Steve Wright converted into dollar amounts is $ 214 .43 for water and
City Council $128.28 for sewage. That gives a grand total of $ 342.71
loss per day at the Southfork MHP.
Although the amounts will vary from month to month due to
people moving in and out, most of the loss is caused by
Percy Simmons people moving out and not paying their final billing.
City Council
If you need any additional information concerning this water
usage, we will be happy to furnish you with what you might
need.
Chuck Wible Thank II-�'
City Council
Curtis Warner, Finance Director
Bill Dashner
City Manager
•
MEMORANDUM
DATE: June 4 , 1991
TO: City Council
4P)
FROM: Bill Dashner, City Manage ,
RE: Discuss and Consider Pay Request #5 from E. L. Dalton
For Newport Harbor Sanitary Sewer Project
Attached is the E. L. Dalton Pay Request #5 in the amount of
$28, 840 .59 for work accomplished on the Newport Harbor
project . With this payment a total amount of $304 ,710 .62
of work has been accomplished to date on the $319 ,731 . 53
revised contract which represents 95% completion for dollar
amount , while approximately 82% of the contract time has
been used . The Consulting Engineer , the City Inspector and
the City Engineer have reviewed the pay request . Payment is
recommended . The City is holding 5% retainage plus
maintenance and performance bonds .
l.c,11 if t'-I
SHIMEK, JACOBS & FINKLEA
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361.7900
Ross 1.KACOH,P.E.
I.C.FINKIEA,P.E. June 4, 1991
- JAMES E.LAUGHLIN,P.E.
RONALD V.CONWIY,Pt.
IOHN W.eIRKHOFF,P.E.
MATT ARMSTRONG,P.E.
JOE R.CARTER,RE.
GARY C.HENDRKKS,RE,
C.1,SHIMEK,P.E.
Mr. Paul Beaver, P.E.
Director of Planning/Engineering
City of Wylie
Post Office Box 428
Wylie, Texas 75098
Re: Newport Harbor Estates
Sanitary Sewer Improvements
Dear Mr. Beaver;
We are enclosing three (3) copies of Estimate No. 5 in the amount of 828,840.59
for work performed by E. L. Dalton & Company, Inc. , on the Newport Harbor Estates
Sanitary Sewer Improvements project from April 30, 1991 through May 31, 1991.
This project is approximately 95t complete, while approximately 82• of the
contract time has been used.
If you concur with this estimate, please have it executed for the City of Wylie
and forward one copy along with the payment due to E. L. Dalton & Company, Inc.
Sincerely yours,
Joe R. Carter, P.E.
Enclosures
cc; E. L. Dalton & Company, Inc.
K• ;/1.
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3,3 .
CONSTRUCTION ESTIMATE 04 iiitsITio
_ .
OWNER: City of Wylie, Texas ESTIMATE N /
PROJECT: Newport Harbor Estates CONTRACT DATE: No ember 27,
Sanitary Sewer Improvements
ORIGINAL
CONTRACT AMOUNT: 294,190.00
REVISED
FROM: April 30, 1991 TO: May 31, 1991 CONTRACT AMOUNT: $ 319,731.53
CONTRACTOR: E. L. Dalton & Company, Inc. CONSTRUCTION TIME: Calendar Days
-ADDRESS: 2351 West N.W. Highway, Suite 3320
Dallas, Texas 75220 ALLOTTED: 157 USED: 129
*e***********************************************e********************************************
Item < Description > Unit Quantity in Total Work Contract Extended
Proposal Completed Price Amount
**********************************************************************************************
BASE $ID
1 8" Sani. Sewer (Gravity Pipe)
w/Type II Embedment L.F. 1,505 1,505 18.50 27,842.50
2 8" Sani, Sewer (Pressure Pipe)
w/Type I Embedment, L.F. 2,318 2,318 22,75 52,734.50
3 8" Sani. Sewer by other than
Open Cut, w/Pressure Grout L.F. 318 318 55.00 17,490.00
4 4.0' Dia. Standard S.S. Manhole Ea. 5 5 1,690.00 8,450.00
5 4.0' Die Type "S" Sani Sewer MN Ea. 4 4 2,200.00 8,800.00
6 Connect to Exist Sani Sewer MN Ea. 2 2 350.00 700.00
7 Remove & Replace Existing
Reinforced Concrete Pavement S.Y. 39 39 30.00 1,170.00
8 Saw Cut Exist Reinf. Conc Pvmt L.F, 58 58 3,00 174.00
9. . Cement Stabilized Backfill C.Y. 53 53 40.00 2,120.00
10 2" Combination Sewage Air and
. Vacuum Release Valve Ea. 2 2 3,100.00 6,200,00
11 Remove & Replace Rock or
Gravel Road or Drive L.F. 45 45 8.00 360.00
12 Extrg Crushed Stone for Embed. C.Y. 20 25.00
13 Trench Safety Systems L.F. 3,823 3,823 0.30 1,146.90
14 DELETED (C,O. #1) 0 0 0.00 0,00
GuNSTKUc'TION RST1MATE V''4 v
4-4,1
OWNER: City of Wylie, Texas ESTIMATE NO: 5 .lOket
t
4,./3
PROJECT: Newport Harbor Estates CONTRACT DATE: November 27, 1991
Sanitary Sewer Improvements
ORIGINAL
CONTRACT AMOUNT. $ 294,190.00
REVISED
FROM: April 30, 1991 TO: May 31, 1991 CONTRACT AMOUNT; $ 319,731,53
CONTRACTOR: E. L. Dalton & Company, Inc. CONSTRUCTION TIME: Calendar Days
ADDRESS: 2351 West N.W. Highway, Suite 3320
Dallas, Texas 75220 ALLOTTED: 157 USED: 129
*********************************************************************w************************
Item < Description > Unit Quantity in Total Work Contract Extended
Proposal Completed Price Amount
**********************************************************************************************
CHANGE ORDEp NO, 14
15 Extra Depth 4.0' Dia. Type "S"
Sanitary Sewer Manhole V.F, 4 4 78.78 315.12
SUBTOTAL: BASE BID 127,503.02
ALTERNATE "A"
1A 6" Force Main w/Type I Embed. L.F. 6,917 6,917 17.20 118,972.40
2A 6" Force Main, by other than
Open Cut, w/Pressure Grout L.F. 40 40 55,00 2,200.00
3A 6" Force Main in 12" Steel
Encase Pipe other than Open Cut L.F. 70 70 79,50 5,565.00
4A Newport Harbor Estates Lift
Station, for Alternate "A" L.S. 1 95% 46,500.00 44,175.00
5A Trench Safety Systems L.F. 6,917 6,917 0.30 2,075.10
CHANGE ORD R NO. 1A
6A Pig Launcher Assembly L.S. 1 1 4,220,10 4,220,10
7A Crushed Stone Access Road S.Y. 311 9.81
SUBTOTAL: ALTERNATE "A" 177,207.60
CHANGE ORDER NO. a
16 Underground 3 Phase Power Cond. L.S. 1 9,145.00
Prepared and Submitted by:
SHIMER, JACOBS & FINKLEA Total Amount $ 304,710.62
Consultin Engineers, Dallas, Texas
Less Amount Retained (10%) $ 30,471.06
By /
Joe R. Carter, P.E. Total Amount Payable . . . . $ 274,239.56
Date June 4 19_ 91 -
Approved for Owner Less Previous Payments $ 245,398.97
By
Date , 19
Amount Due This Estimate $ 28,840,59
1
MEMORANDUM
DATE: June 4 , 1991
TO: City Council ./
FROM: Bill Dashner , City Manage N�•,,'
RE: Discuss and Consider Authorizing on Lease/Purchase
Basis Low Bid From Houston Galveston Area COG a
Replacement and Upgrade of Police, Fire and 911 Radio
Communication System.
I don' t believe the City Council has been aware of the condition of
the City' s emergency communication system. The current emergency
communication system for Police , Fire and 911 is 20 years old and
major repair and replacement is needed but replacement parts are no
longer available . Recent electrical storms knocked out the system
for extended periods of time, another words the City was completely
blacked out outside of Wylie . We recently spent $3 ,000 to keep the
system in tack, however , the system is really beyond repair .
Through the Houston Galveston Area COG through a bid price the City
can replace and upgrade the total system. There are seven (7 )
options available . The best option will cost approximately
$90 ,000 , however the company representative from Motorola has
presented Option Plan B which completely replaces and upgrades the
old existing system. The base of the plan involves having the
Police and Fire Department on one repeater frequency and switching
the Public Works, Code Enforcement and Meter Readers to the current
Fire Department system and moving the Fire Department system to
the Police, another words the Police and Fire would be removed from
the Public Works ban . Proposal B will cost a total of $46 ,087 . I
am recommending the five (5) year payment plan which is five (5 )
payments of $10 , 840 . 95 each with the first payment being due upon
delivery and installation of the equipment . Motorola will finance
this lease/purchase at an interest rate of 8 .5% .
Lease-Purchase Options*
Annual Payment with Order : Annual Payment in Arrears :
2 payments of $24 , 018. 79 2 payments of $26, 141. 88
3 payments of $16 , 680 . 31 3 payments of $18 ,154 .68
4 payments of $13, 024 . 19 4 payments of $14 , 175. 39
5 payments of $10 , 840 .95 5 payments of $11 .779 .19
The City Council really needs to address this problem since it has
reached a critical situation .
Of the $49 ,500 drug seizure money there is approximately $8 ,500
left. This would almost make the first year ' s payment. Most of
the items approved by the Council on March 12 , 1991 have been
purchased for the Police Department .
Attachments : Recommendation from Police Chief and Fire Chief
Detailed Proposal B
WYL1E POLICE DEPARTMENT
TO: BILL DASHNER , CITY MANAGER
FROM: JUHMNY HOLLEY , ACTING CHIEF OF POLICE , JIM LYNCH , FIRE CHIEF
REY REPLACEMENT AND UPGRADE OF POLICE AND FIRE RADIO SYSTEM
DATE: 06-03-91
'
----
: AS YOU ARE AWARE OUR PRESENT RADIO SYSTEM IS VERY UNRELIABLE ' THE SYSTEM IS
18 YEARS OLD AND SOME REPAIR PARTS NEEDED FOR THE SYSTEM ARE NOT AVAILABLE .
THE RECENT LIGHTNING STRIKE ON THE SYSTEM CAUSED APPROXIMATELY $3000 .00 IN
DAMAGE AND PAR19 OF THE SYSTEM CANNOT BE REPAIRED AT ALL . WE HAVE BEEN MEETING
WITH MOT0HULA REPRESENTATIVES HAY HARlY , ACL0UN| EXECUTIVE , GOVERNMENT MARKETS
DIVISION , AND BOBBY 7HOMP50M , MONA6E|< OF M0 [UR0LA5 NORTH DALLAS SERVICE CENTER
AND HAVE UISCUSSM) | HE OPT10NK 10 REPLACE AND UPGRADE THE RADIO SYSTEM . THE
ATTACHED OPTION B PLAN OUTL1NE5 ALL REPLACEMENTS AND UPGRADES WHICH SHOULD BE
SA[ISFACTORY FOR } HP NEXT 5 YEAHS UH LONGER . THF PLAN INVOLVES HAVING THE
POLICE AND FIKE i/LpAKTMEN |5 UPEHATE ON l HEPEA | FH FHEUUENCY AND SWITCHING THE
PUBLIC WORKS , [/.DL FNF0RCEMENT , AND METER READERS TO THE CURRENT FIRE
DEPARTMENT FREQUENCY . THE 0EPARlMEN|5 WOULD STILL BE ABLE TO COMMUNICATE WITH
EACH OTHER VIA A PATCH SYSTEM lN | HE NEW CONSOLE .
ONE ITEM THAT IS NO[ COVERED IN M0TUROLA6 PROPOSAL THAT WE WOULD LIKE TO
INCORPORATE IS NLW COMPUTER FURNITURE FOR THE DISPATCH OFFICE SO THE NEW
SYSTEM COULD BE SET UP MORE EFFICIENTLY FOR THE DISPATCHERS . THIS FURNITURE
WOULD COST APPROXIMATELY $2000 '0() AND GIVE V6 SPACE FOR THE 911 SYSTEM , CLOSED
CIRCUIT TELEVISION EQUIPMENT , AND COMPUTERS AND TELEPHONES ,
^
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' ^
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CITY OF WYLIE, TEXAS
MOTOROLA'S PROPOSAL FOR UPGRADING EXISTING RADIO SYSTEMS
PROPOSAL B
1. Modify existing Motorola
MSR 2000 VHF Base Station for
repeater operation to be shared
by Police & Fire Depts. using a
pair of frequencies subject to
approval by the FCC. . .price
includes parts, labor, and duplexer $ 4,248.00
2. Replace existing Midland & RCA
low band base stations with a Desk-
trac Base Station to operate on
37.180 MHz. . .the station will
be used by the Public Works Dept $ 2,004,00
3. Provide and Install a Command
Series Desk Set at the Public Works
Dept. office. . .City will be required
to lease the necessary remote control
wireline circuit from the telephone
company $ 679.00
4, Set levels and make adjustments
to existing desk sets in the Finance
• . and Code Enforcement offices $ 252.00
5. Replace existing Motorola Motrac
Base Station used for Police Inter-
agency communications with a MSR
2000 Base Station. . .existing station
is approx. 18 years old and some
replacement parts are no longer
available $ 4,972.00
6. Replace existing dispatch console
with a state-of-the-art DISPATCHER
Console. .see attached
features and description $ 13,806.00
•
39
7. Provide four (4) HT600 VHF Port-
able Radios for the Fire Dept. . .2
channels, rapid-rate battery char-
gers, 2,712.00 and belt clip
8. Provide thirty (30) MINITOR II
Alert Monitor Receivers for the
Fire Department. . .will operate on
the VHF frequency and will include
single call capability, battery
charger, 5 year warranty and spare
batteries 11,070.00
9. Reprogram and change frequencies
In three (3) HT600 and three (3)
MT1000 Portables, four (4) Syntor X,
five (5) Syntor X9000, and (1)
Meratrac Mobiles $ 1,300.00
Note: frequency reprogramming for the existing VHF radios used by the Public Works
Dept. will be the responsibility of the City.
10. Remove and re-install existing
mobile radios currently being used
by the Public Works, Fire, and Code
Enforcement Departments (based on
removing a total of 18 radios and
re-installing 16 radios) $ 2,742.00
Note: replacement of detective antennas, cabling, and/or
connectors is not included in the above price.
11. Provide four (4) mobile antennas
for Fire Department mobiles $ 206.00
12. Provide and install two (2)
MAXTRAC 100 low band mobile radios
for Code Enforcement vehicles $ 1,396.00
13, Provide Proper wounding of all
radio and console equipment $ 700.00
TOTAL SYSTEM PRICE $ 46,087.00
•
gquipmgnt Oouone`_
One (1) Single Deekstand Enclosure
with side panels, foot supports,
vertical mounting rails, and
• writing surface (drop-downs for
keyboards not included) $ 1,985.00
One (1) Triple Deskatand Enclosure
with side panels, foot supports,
vertical mounting rails, and
writing surface (drop-downs for
keyboards not included) $ 4,932.00
"Deskstand Enclosures are not available in 45 or 90 degrees angle configurations;
Installation is not included in the above pricing. .requires special quote.
Eauipment Delivery
Upon receipt of your purchase order, the approximate shipping schedule of the
equipment is as follows:
• Duplexer - 4 weeks
• Desktrac Base Station • 3 weeks
• Desk Set - 2 weeks
• Console - 6 weeks
• HT600 Portables - 2 weeks
" MINITOH II Receivers - 4 weeks
• MSR2000 intercity Base Station - 4 weeks
• MAXTRAC 100 Mobiles - 2 weeks
• Installation
installation and optimization of the equipment will be performed by Motorola's North
Dallas Service Center under the direction of Bobby Thompson, Manager.
To assist the City during the installation of the new console, Motorola will provide the
dispatchers with a remote desk set to control the current Police/Public works Base
Station and a desk set to control the Fire Department Base Station.
Radio communications on other channels from the dispatch center will not be possible
during this equipment "cutover" period.
AOA\
EQulpment farm
Ali equipment (except MINITOR II Receivers) provided will be warranted for a period of
_ one (1) year for parts and four (4) months for labor. The warranty period will begin
upon installation.
Lease-Purchase Options'_
Annual Payment with Order: Annual Payment in Arrears:
2 payments of $24,018.79 2 payments of $26,141 .88
3 payments of $16,680.31 3 payments of $18,154.68
4 payments of $13,024.19 4 payments of $14,175.39
5 payments of $10,840.95 5 payments of $11,779.19
All lease-purchase rates are quoted at a current interest rate of 8.5% APR and this
rate Is subject to change.
Proposal submitted by:
Motorola, Inc.
Ray Harty, Account Executive
Government Markets Division
May 28, 1991
Proposal accepted by:
Title:
Date:
Payment Terms Selected:
#Yz
CITY OF WYLIE
BUDGETARY PROPOSALS FOR UPGRADING EXISTING
RADIO COMMUNICATIONS SYSTEMS
Fxisting System Overview
The Police and Public Works Departments currently share the VHF
frequency of 153. 980 MHz . The Fire Department operates on the
low band frequency of 37 . 180 MHz . The Police Department also uses
the Collin County Sheriff 's Department channel and the state-wide
Intercity channel for secondary law enforcement communications .
Centralized dispatching is handled from the City ' s Municipal
Building.
Much of the mobile and portable radio equipment is relatively new
and in good condition, however, most of the base station equipment
is old, outdated, and unreliable . Replacement parts are not
available for some of the equipment .
Existing Identified Problems
The Police and Fire Departments each have communications problems .
They are as follows :
1 . the departments operate on separate frequency
bands and are unable to communicate with each
other during emergency situations .
2 . neither department has reliable portable to
portable radio range due to the lack of a
repeater system.
3 . the fire department base station does not
operate reliably.
'4 . the existing dispatch console is outdated and
cannot be maintained reliably .
5 . the shared frequency operation between Police
and Public Works Departments has caused channel
congestion. . . this could cause serious problems
during emergency situations .
6 . the shared VHF radio system also currently
has no interference protection.
Recommended Solutions
* apply to the FCC for a VHF repeater channel using
the frequencies of 153 . 980/156 . 240 MHz. . . this
channel will then be shared by the police and
fire departments . . 'problems 1, 2, 5, and 6 will t .
then be resolved.
M
* transfer all fire department low band radio
equipment to the public works department and
vice versa . . . the public works department will
begin operating on the 37 . 180 MHz frequency . . .
replace the existing base station. . . problems
3 and 5 will then be resolved .
* replace the existing radio dispatch console
new, state-of-the-art console . . . problem 4
will then be resolved.
61.
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1�11f+ Qommcrciat Iljarrantp �11?
ii '� 1 .. (STANDARD) :i`iii
(ii�\+ Motorola radio communications products are warranted to be free from defects in material .' ;jtt
1i#1.111)• " and workmanship for a period of ONE (1) YEAR, except for crystal devices and channel I`
tW
'„. �r elements which are warranted for aperiod of ten (10) from the date of shipment.
Years, P
1$ r Parts, including crystals and channel elements,will be replaced free of charge for the full - '
, , I ii warranty period but the labor to replace defective parts within the original shipped pro- �k\ _
1 = '" �� ducts plus travel costs for work on non-movable installed equipment will only be provided
i W,, i for One Hundred Twenty(120)days from the date of shipment. After said 120 days, Buyer t }
, ��, must pay for the labor involved in repairing the product or replacing the parts at the `
-{' y prevailing rates together with any travel or transportation charges to or from the place I J ':;_
; 1�t��,y-• where warranty service is provided. This express warranty is extended by Motorola Corn- 1 410,5
munications and Electronics. Inc., 1301 E. Algonquin Road, Schaumburg, Illinois 60196, '' � �
001))>
to the original buyer only, and only to those purchasing for purpose of leasing or solely for ((�t}�'�
commercial, industrial, or governmental use. ' +�
iN(, THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES P' "tik EXPRESS OR IMPLIED WHICH ARE SPECIFICALLY EXCLUDED, • e0
Gt�,� INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR - fly" •
' i i ., A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE if-
'' LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE �ill�
yi i FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
i In the event of a defect, malfunction or failure to conform to specifications established by �v lid
Seller, or if appropriate, to specifications accepted by Seller in writing, during the `�11 °"``�
i. ,4'�,.' applicable periods stated above, Seller, at its option, will either repair or replace the pro- •'`,?
"RtA duct or refund the purchase price thereof, and such action on the part of Seller shall be
bh
;m 1, the full extent of Seller's liability hereunder, and Buyer's exclusive remedy.This warranty '+�tl)~
I;, o shall automatically terminate if: I r �.
#�`°" a. the product is used in other than its normal and customary manner; I ` - '"
li i b. the product has been subject to misuse, accident, neglect or damage; •'; f, 1 '
f c. improper alterations or repairs have been made, or if nonconformingparts i• �}tt;;
ice.. are used in the product unless done by a service facility authorized by Seller
tit,
IC to perform warranty service.
" Q{, This warranty extends only to individual products; frequency sensitive components, ifs j.
raj. •;;;!
4t ��� 4 towers, vidicon tubes, test equipment, and batteries are excluded but carry their own
*,04 ` separate limited warranty. Because each radio system is unique,Seller disclaims liability >1
;'gli�j}I • for range,coverage,or operation of the system as a whole under this warranty except by a ; j}') I
,',„
All separate written agreement signed by an officer of Seller. r'\t I:
1 Non-Motorola manufactured products are excluded from this warranty(unless bearing a ti "„ + � ' Motorola Part Number in the form of an "alpha-numeric number";i.e.TDE6030B)but such
' "'' &, products are subject to the warranty provided by their manufacturers,a copy of which will -a
'°11111V.,- be supplied to Buyer on specific written request. xii/}� ,'
.t :: Q Any claim for breach of this warranty shall be waived unless Buyer notifies Seller's 4.
''4i1})'`-. salesperson or Seller at the above address, Attention: Quality Assurance Department, i j+'"'R
1 •i# within the applicable warranty .•,kt
PP period. rI
.
�i This warranty applies only within the 50 United States.
i , k"?. CM) MOTOROLA .., '
t•` Revised date:fi11188
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MEMORANDUM
DATE: June 4 , 1991
TO: City Council
4r
FROM: Bill Dashner, City Manager
RE: Discuss and Consider Correspondence from Deloitte &
Touche on Results of Phase I Finance Department Audit
And Determine Appropriate Response to Deloitte &
Touche and Consider City Council Direction to
Deloitte & Touche on Phase I Finance Department Audit
And Determine Appropriate Course of Action
Attachment 1 - Official City Council Minutes , Phase I
Proposal , Phase I Report
Attachment 2 - Letter from Deloitte & Touche Requesting a
Meeting to Discuss the Issue.
44;
Deloitte &
Touche
/\ Suite 1400 ITT Telex:4995628
Lincoln Plaza
500 N.Akard Street I [
Dallas,Texas 75201-3302 C- ( i; i s
June 3, 1991 Telephone:(214)720-8100 • I i li
To the Members of the City Council
City of Wylie, Wylie, Texas:
Thank you for the opportunity to present our Phase I report to the City Council on
May 28. On May 30, I met with Bill Dashner, City Manager, and Curtis Warner, Finance
Director, to discuss the scope and objectives of our Phase I project. The conclusion of
this meeting was agreement among the parties that we had performed all Phase I
procedures as requested.
Our proposed services for Phase II were outlined in our letter to you dated May 22, 1991.
It is our continuing belief that there are significant opportunities to improve the control
environment and efficiency of the finance function and related departments at the City.
I suggest you consider meeting with us in a special session of the City Council to refine
further the scope of our services. Our approach so far has been to suggest projects which
would have primary benefits to current and future operations. If there are particular
analyses of past transactions or funds of interest to the Council, we will be happy to
submit a proposal addressing those specific services.
Thank you for the opportunity to be of assistance to the City. We hope our association
will be a long and pleasant one.
Very truly yours,
�itww„ E• L a. .J
Thomas E. Larson
Audit Director
np
cc: Bill Dashner
Curtis Warner
Member
:International
MEMORANDUM
DATE: May 29 , 1991
TO: City Council
%4141464.1"
FROM: Bill Dashner , City Manager
RE: Instructions from City Council to Three (3) Finalist
For Audit Work on Finance Department
Attached are the minutes from the April 4 , 1991 special City
Council meeting where the three (3) finalist for City audit
were interviewed. Please note in the official meeting the
instructions given to all three (3) finalist . Deloitte and
Touche was selected because their proposal was for $2,500 .
Peat Marwick was $18 ,000 and Ernst & Young $8 ,000 .
According to the City Secretary these minutes reflect the
exact instructions given by several councilmembers . One can
only conclude that the proposal prepared by Deloitte &
Touche did not follow these instructions . I have also
attached their proposal stating what work they would do. I
believe they did the work they said they would do but failed
to follow the instruction intent of the City Council . I
will be meeting with Deloitte & Touche tomorrow (May 29 ,
1991) to discuss this and see why there was this
misunderstanding . The City has not paid Deloitte & Touche
any money for their effort . .
Ic?
CITY COUNCIL SPECIAL
MEETING - MINUTES
APRIL 4 , 1991
THe City of Wylie City Council met in a special called
meeting on Thursday , April 4 , 1991 at 7 :00 P.M. in the
Council Conference Room of the Municipal Complex . A quorum
was present and notice of the meeting had been posted in the
time and manner required by law. Those present were Mayor
John W. Akin, Mayor Pro Tem Don Hughes , Council Members
Percy Simmons, William Martin, Chuck Wible, Pat Stemple and
Steve Wright , City Manager Bill Dashner , City Secretary
Carolyn Jones, and Finance Director Curtis Warner .
Mayor Akin called the meeting to order .
INTERVIEWS WITH INDEPENDENT AUDITORS: The City Council
interviewed- the following firms :
Deloitte & Touche - Dallas
KMPG Peat Marwick - Dallas
Ernst & Young - Dallas
Council stressed to these firms that an in-depth audit of
all fund accounts be done. Instructions were given to each
of the firms to bring back to the Council a proposal on what
it would be for a two week review of the City accounts and
an analysis on the problems that needed to be looked into
further , and to have the proposals back to the City Manager
in time for the April 23rd Agenda .
There being no other matters of discussion , a motion was
made to adjourn at 9 : 50 P.M.
John W. Akin , Mayor
ATTEST:
Carolyn Jones , City Secretary
'/
Deloitte &
Touche
/\ Suite 1400 ITT Telex.4995628
Lincoln Plaza
500 N.Akard Street
Dallas,Texas 75201-3302
Telephone 1214)720-8100
April 9, 1991
To the Members of the City Council
and Bill Dashner, City Manager,
City of Wylie:
Thank you for the opportunity to present our credentials to provide professional services to the
City of Wylie and for the opportunity to meet with you in person to discuss the scope of
services you are requesting. Based on that conversation, we are submitting this letter proposal
which outlines our plan to provide services to the City.
PHASE I APPROACH
The comments and concerns shared with us at the meeting on April 4, 1991, indicate the need
for further analysis of the City's accounting and internal control systems. We believe Deloitte &
Touche is uniquely suited to provide the professional services you require. Our Statement of
Qualifications demonstrates our commitment to the public sector and, in particular, to cities
comparable to the City of Wylie. In response to your request for further analysis, we have
developed a planned Phase I of the comprehensive workplan.
We envision Phase I to consist of the following:
• Meeting with the city manager, finance director and other key members of the staff of
the City as necessary. The purpose of these meetings will be to develop an initial
understanding of the current state of the accounting records, data processing hardware
and software capabilities, and the accounting documentation and support for
• transactions and accounts
• Preliminary analysis of written documentation of transactions and other accounting
• records to develop further insight into the existing systems
• Preparing a detailed workplan for Phase II of the project, including identification of
the systems or accounts to be analyzed, the time frame the analysis will cover, and the
specific timetable for the completion
• Preparing an estimate of time to be spent by area identified and the related estimated
fees to be charged
• Identifying the Deloitte & Touche personnel to be assigned to Phase II of the project
• Reporting on the status and completion of Phase I to the members of the city council
STAFFING FOR PHASE I
Our fieldwork for Phase I of the engagement will be performed by management-level
professionals in order to bring the highest level of analysis of the current operations and systems
of the City. All such professionals have significant public sector experience serving cities of the
size and complexity comparable to that of the City. We believe this plan represents the most
timely and cost-effective response to your needs.
The anticipated staffing for Phase I will consist of the following:
• George Scott, lead client partner, will be responsible for all professional services
provided to the City. He will draw upon the significant number of available public
sector professionals within the Firm to meet the needs of the City in this project.
• Tom Larson, audit director, will have direct responsibility for the overall planning and
management of the Phase I engagement and for the reporting of results to the city
council.
• Jay Riley, senior consulting manager, will be responsible for coordinating our analysis
and recommendations related to operations and automated systems.
• Craig Milacek, senior audit manager, and Carol Soegaard, audit manager, will perform
substantially all of the fieldwork associated with Phase I of the engagement.
TIMING
We are prepared to commence our Phase I activities within two days after notification of our
engagement. We believe all Phase I activities can be completed within two weeks from
commencement of fieldwork. At that time, we will deliver a written report in draft form on
our findings and meet with you as necessary to discuss the results.
APPROACH TO FEES
Our fees for Phase I of our engagement to serve the City of Wylie will be. based on the
anticipated level of experience required at our discounted standard public sector billing rates.
We are very much interested in building a long-term relationship with the City and are prepared
to make substantial concessions in fees to establish this relationship.
Consistent with the above, we estimate the total fees for Phase I of the engagement to be
$2,500, exclusive of out-of-pocket expenses. We believe the quoted fee is both fair and
reasonable.
CONCLUSION
We believe we are the firm best suited to meet your professional service needs now and in the
future. Our large and growing public sector practice is evidence of our concern and
Deloitte&
Touche
•
understanding of the issues confronting the City. The City of Wylie would be a significant and
valued client of Deloitte & Touche, and we believe we have the resources to make a difference
in the future of the City.
If you have any questions relating to the foregoing matters or wish clarification on any aspects
of this proposal, please call Tom Larson at (214) 720-8178.
Yours truly,
i
Deloitte&
Touche
0
Jot
Deloitte &
Touche
/\ Suite 1400 ITT Telex:4995628
Lincoln Plaza
500 North Akard Street
Dallas,Texas 75201-3302
Telephone:(214)720-8100
May 22, 1991
To the Members of the City Council
and Bill Dashner, City Manager,
City of Wylie:
This letter summarizes the results of our Phase I consultation services to
the City of Wylie (the "City") . We have completed the procedures outlined in
our letter to you dated April 9, 1991, which is attached as an exhibit. Such
procedures were intended to gather sufficient information about the
accounting systems and management information systems at the City to permit
the identification of specific consultation services to be performed in
Phase II of the engagement. We believe each of the four segments of Phase II
procedures identified below will be of significance to the City Council. We
recognize you must evaluate the costs versus the expected benefits of each
procedure. Therefore, prior to beginning our engagement for performance of
Phase II procedures, we will issue an engagement letter to the City Council
which describes those procedures you wish performed and which includes the
final estimated fees associated therewith.
The analysis below lists the particular internal control segment we would
analyze and describes the significance of that segment to the functioning of
the City's internal control system. There may be additional areas of concern
to the City Council which could be included within the scope of our Phase II
procedures at your request.
PHASE II PROCEDURES
A. Internal Accounting Controls
Discussion:
The internal accounting control structure of the City provides the
framework for the operations of the finance department. The structure
includes the processing and recording of all financial transactions to
which the City is a party.
The systems identified in the internal accounting control structure are
as follows:
- Cash receipts
- Purchasing and cash disbursements
- Payroll and personnel
- Utility cash receipts and disbursements
Member
Ph"sir
I i I International
- Fixed assets
- Investments
- General ledger and financial reporting
- Information system general controls
- Financial reporting to the City Council
Significance:
An effective internal accounting control structure for a city government
is designed to provide management and the City Council with reasonable,
but not absolute, assurance that assets are safeguarded against loss from
unauthorized use or disposition and that transactions are executed in
accordance with management's authorization and recorded properly. There
is a cost/benefit relationship with any internal control. The City
Council must determine if the cost of implementing and complying with a
control is worth the benefit obtained from it.
Procedures:
Our procedures to be performed for each of the significant internal
control systems listed above are as follows:
- Obtain, read, and analyze the City's written internal accounting
control policies and the related documentation, if any, from the prior
auditors' working papers
- Conduct detailed interviews with the finance director and other
finance and City personnel to document their daily functions and other
duties involving the processing and recording of transactions
- Prepare a comprehensive analysis in narrative or flowchart form of the
current internal accounting control structure, identifying significant
strengths and weaknesses
- Prepare a written report to the City Council containing detailed
comments, analyses, and recommendations for improvements in the
current internal accounting control structure in each system analyzed
B. Utility Billing System
Discussion:
The City's utility billing system should contain all information related
to the City's utility customers and permit City management to access and
monitor such information. A comprehensive utility billing system should
include all billing and collection amounts, life-to-date and year-to-date
history, account inquiry, utility receivables, and various other
information related to the utility operations.
Deloitte&
- 2 - Touche
Significance:
An adequate utility billing system is required for accurate recording of
transactions and reporting on the results of the utility operations in
conformity with generally accepted accounting principles. In addition,
an adequate utility billing system is required as a component of a good
internal accounting control structure.
Procedures:
- Interview the utility department personnel about their need for
information related to the utility operations
- Discuss with finance department personnel their need for information
related to recording and reporting utility operations
- Incorporate the recommendations from the internal control analysis in
Section A above, related to the utility billing system
- Analyze the needs documented above and make a recommendation regarding
a new utility billing system. This recommendation will contain
several potential software packages to allow the City the opportunity
to analyze the cost/benefit of each system in relation to the above
needs. (Note: As a matter of policy, Deloitte & Touche does not
market any of its own software. As a result, we can provide an
independent and completely objective evaluation of software
alternatives)
- Assist with the implementation of the new utility billing system
C. Bond Compliance
Discussion:
The proceeds from bond issues must be used for their intended purpose.
This purpose is included in the prospectus related to the bond offering
and details the specific allocation which must be followed. In addition,
complex arbitrage regulation applies to bond issuance.
Significance:
Misapplication of bond proceeds may be a violation of the bond indenture
and may expose the City to legal action.
Procedures:
- Interview the City Council and City management to determine whether
there are any specific bond issues that raise concern over compliance
matters
Deloitte&
- 3 - Touche
0
LcS
- For each bond issue determined to have concern, obtain and read all
relevant bond documents
- Prepare an analysis of actual sources and uses of proceeds
- On a test basis, examine supporting documentation relating to the uses
of the proceeds (i.e. , disbursements) and investigate as necessary
- Based on the intended use of proceeds, determine the appropriateness
of the actual uses
- Prepare a written report to City Council based on our findings
D. Accounting Policies and Procedures Documentation
Discussion:
Comprehensive documentation of accounting policies and procedures is an
important element of the internal control structure of a city. The
information contained in such documentation is helpful in determining
whether employees are performing all the tasks that are required of them
and is a key element in training a new employee.
Significance:
Considering the potential changes to the operations of the finance
department from the performance of other procedures in this proposal,
comprehensive documentation of accounting policies and procedures would
help ensure that all persons understand their responsibilities within the
revised internal control structure.
Procedures:
- Develop an understanding of existing policies, procedures, and
practices; and key organizational, operational, and staffing
information
- Supplement the information obtained above with any changes resulting
from the implementation of recommendations developed in Section A of
this report
- Conduct management interviews to further gather information and verify
our preliminary understanding of the policies and procedures
- Develop the policies and procedures documentation. Specific areas for
which policies and procedures will be developed include:
. Cash receipts
. Cash disbursements
. Payroll
. Utility operations
Deloitte&
- 4 - Touche
cc6
. Month-end closing
. Year-end closing
. Fixed assets
. Investments
. Purchasing
- Meet with management to review the preliminary policies and procedures
documentation, receive feedback, and follow-up on specific questions
and comments
- Finalize and issue the documentation in final form
PROFESSIONAL FEES
Our fees for Phase II of our engagement to serve the City of Wylie will be
based on the anticipated level of experience required at our discounted
standard public sector billing rates.
Based on our assessment of the staffing levels required for each segment of
the proposed consultation services , our estimated fees are as follows:
Internal accounting controls $16,000 - $21,000
Utility billing system $18,000 - $30,000
Bond compliance per bond issue $5,000 - $7,500
Accounting policies and procedures documentation $22,000 - $32,000
TIMETABLE FOR COMPLETION
We are prepared to begin work on Phase II of this project within ten days of
notification of our engagement. We anticipate the activities relating to
internal accounting controls, bond compliance, financial reporting to the
City Council, and the accounting policies and procedures documentation can be
completed within eight to ten weeks after commencement of work. The exact
timing is dependent on the degree of assistance provided by the finance
director and other members of the finance department and City staff.
The project related to the utility billing system is dependent on a number of
external variables and also the degree of priority established by the City
Council and finance director as to software selection, evaluation, and
implementation. The details of our workplan with respect to the utility
billing system will be furnished separately to you in the early phases of
that engagement, after initial discussions with management.
Deloitte&
- 5 - Touche
7
5
STAFFING
The anticipated staffing for Phase II will consist of the following:
- George Scott, lead client partner, will continue to be responsible for
all professional services provided to the City. He will draw upon
experienced public sector professionals within the Firm to meet the
needs of the City in this phase of the project
- Tom Larson, audit director, will continue to direct the planning and
management of the Phase II engagement and will report the results to
City management and to City Council as may be requested
- Craig Milacek, senior audit manager, will have day-to-day field
supervision responsibilities and will perform the detail planning for
Phase II
- Jay Riley, senior consulting manager, will be responsible for
coordinating and managing the utility billing system segment of the
proj ect
- Other public sector audit managers, seniors and staff will assist on
Phase II as necessary. Once the timing and scope of the Phase II
procedures are determined, an experienced public sector senior auditor
will be assigned as lead senior
All staff and management assigned to phase II will have significant prior
public sector experience.
CONCLUSION
We believe we are the firm best suited to meet your professional service
needs and have demonstrated that ability in the performance of Phase I.
If you have any questions related to the foregoing matters or wish
• clarification on any aspects of the information contained in this summary,
please call Tom Larson at (214) 720-8178.
Yours truly,
Se,14)VA, Adt
Deloitte&
- 6 - Touche
0
681
MEMORANDUM
DATE: May 16, 1991
TO: City Council
FROM: Bill Dashner, City Manager `..,,.
RE: Discuss and Consider Convening to Executive Session
To Determine Appropriate Action Relative to Items of
Ligation Involving the City of Wylie , Inc .
I am requesting an executive session to discuss the details
and solicit guidelines from the City Council on the
following two (2) lawsuits :
1 . Choya Tapp v. City of Wylie, exparte Bill Dashner and
other unnamed City Officials .
2 . City of Wylie, et al v . Choya Tapp
3 . City of Wylie, v. Chemical Recycling, Inc, et al
S
/ 7
ie
CITY OF' WYLI
2000 HWY.78 N.-P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
John Akin
Mayor
May 16, 1991
Boyd , Veigel & Hance
Don Hughes P. 0. Drawer B
Mayor Pro-Tem McKinney, Texas 75069
William Martin Dear Mr . Boyd,
City Council
Pursuant to our conversation today I am sending you a copy
of the lawsuit Mr. Tapp filed against me and the City.
Apparently he filed the papers himself .
You will also notice a letter that I wrote to our Public
PatStemple Liability Insurance Carrier notifying them of the lawsuit
City Council since the City carries liability insurance. They will
probably want to furnish attorneys but we would rather have
you. You may want to call our liability insurance carrier
on this . I have attached a copy of the letter I received
from our insurance agent this morning .
Steve Wright
City Council Now on the other case , City of Wylie v . Choya Tapp on the
theft of public property, we lost in the first round at the
Collin County JP ' s court yesterday. Mr . Chris Houssiere is
suppose to file the appeal notice tomorrow, May 17, 1991 .
Please contact me as soon as possible on this very important
Percy Simmons matter .
City Council
Sin rely,
41/\•
Chuck Wible Bill Dashner
City Council City Manager
encl
Bill Dashner
City Manager
6O
'is
CITY OF WYLIE
2000 HWY.78 N.- P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
John Akin
Mayor May 15 , 1991
Wylie Insurance Agency
Don Hughes 201 Calloway
Mayor Pro-Tem Wylie, Texas 75098
Dear Mr. Yeager,
William Martin Under the terms and conditions of the City' s Public Official
City Council Liability policy and the Tudor Insurance Co. of Keene, New
Hampshire as City Manager of the City of Wylie I am official
and formally requesting that you file this claim for legal
representation for the City of Wylie and its Public
Officials. The attached lawsuit styled "Choya Tapp,
Pat Stemple Plaintiff , v. City of Wylie, Defendant" was filed in Collin
City Council County District Court on May 1 , 1991 . Please contact me as
soon as possible so that this can be discussed .
incerel ,
Steve Wright L�
City Council aI
Bill Dashner
City Manager
cc: Wylie City Council
Percy Simmons City Secretary
City Council City Attorney
City Finance Director
Chuck Wible
City Council
Bill Dashner
City Manager
H I r \ I
•
v0V'1
I ( �/(rypKr�/�OlNT
vas 1..°,1
WYLIE INSURANCE AGENCY, INC.
"Serving You Since 1898"
JOHN YEAGER, CIC
May 15, 1991
Mr. Bill Dashner
City Manager
City of Wylie
P.O. Box 428
Wylie, Texas 75098
Re: Legal Action-Choya Tapp vs. City of Wylie
Dear Mr. Dashner:
We have faxed the above notice today to Montgomery & Collins, Inc. ,
Dallas, Texas the local insurance representative for Tudor Insurance Company
that carries the Public Officials Liability policy for the city.
Additionally, since there could possibly be coverage under the General Liability
policy, we have also sent the same notice to Trinity Universal Insurance Company,
Dallas, Texas.
A represenative from each of these companies should be in contact with you
shortly to discuss the situation. In the meantime, please call me should
you have any questions.
Sincerely,
//
1-/
ag/John er, CIC
JY/lap
201 CALLOWAY • P.O. BOX 40 • WYLIE, TEXAS 75098 • 442-3505
6QZJ
April 30, 1991
Mr. William Dashner
City of Wylie
Wylie City Hall
Wylie, Texas
RE: False Statements Made About Choya Tapp
Dear Sir:
Please be advised that I am taking legal action against the City
of Wylie for statements made by individuals employed by the City,
which were false, malicious and defamatory.
The City has publically humiliated me and maligned me and I will
seek redress in order to clear my good name.
Yours,
Choya p
Via Hand Delivery
CAUSE NO. , 79 -S Ys (
CHOYA TAPP, § IN THE DISTRICT COURT
Plaintiff, §
v. § COLLIN COUNTY, TEXAS
CITY OF WYLIE
Defendant § '��§ o / TH JUDICIAL DISTRICT
PLAINTIFF' S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT
COMES NOW CHOYA TAPP, hereinafter "Plaintiff" , complaining of
CITY OF WYLIE, hereinafter "Defendant" , and for cause of action
would show the court as follows:
1. Plaintiff, CHOYA TAPP, is an individual residing in Collin
County, Texas.
2 . Defendant, CITY OF WYLIE, may be served with process by serving
its City Secretary, Carolyn Jones Wylie City Hall, Wylie, Texas
wherever she may be found or its City Manager, William Dashner,
wherever he may be found.
3 . This cause of action is for personal injuries which arose in
Collin County, Texas.
4 . Whenever in this Petition it is alleged that Defendant did any
act or thing, it is meant that Defendant' s officer' s, agents,
servants, employees, or representatives did such act or thing. At
the time such act or thing was done, it was done in the full,
normal and routine course and scope of Defendant' s business by it' s
- officers, agents servants, employees, or representatives.
- 5. Plaintiff would show that he was a Volunteer Fireman with the
Fire Department servicing the City of Wylie. Plaintiff and William
Dashner - City of Wylie City Manager - got at odds because Mr.
Dashner wanted to formalize the Volunteer Fire Department as a City
of Wylie Department, even though it has never been part of the
official City of Wylie Departments in it' s 60+ year history.
6. Plaintiff would show that Mr. Dashner and the other defendants
have libeled and/or slandered plaintiff through written and spoken
statements alleging tiat ,he stole"money and property from the City
and/or the Fire Department. YPi4itiff states this is completely
false and defendants' knew 'or •shoul'd have known about this fact.
7 . Specifically, 'e2�IAY TdpPlwZu3a show that in September 1990,
William Dashner, in his official capacity as a City of Wylie
employee and CityMana�� �' � to James Johnson, "I 'm going to
��Rr������
COLLIN 'OUHTY, TEYAS
fire these people as they are all a bunch of thieves. " Plaintiff
would further show that this statement reflects the fact that he
was defamed and this slander per se is actionable.
Plaintiff would show at the time of the publication of said
statement, it was quite clear to Mr. James Johnson that he (Choya
Tapp] , among others, was identified and was being called a thief.
8 . Plaintiff would further show the jury that on February 13,
1991, in the Wylie News, Percy Simmons, William Martin, Pat
Stemple, Don Hughes city councilmen caused to be published a
libelous statement to wit: "All volunteer fire fighters that were
discharged or resigned did so after an outside audit revealed
$11, 000. 00 of misappropriated funds and $13 , 000. 00 worth of missing
supplies and equipment for the fire department" signed City of
Wylie.
Plaintiff would show that the statement was false, and that the
defendant knew or should have known it was false and it is libel
per se because it implies theft of property.
9 . Plaintiff would further show the jury that on or about
November 1990, Jeff Scribner and Lewis Barber, acting in their
official capacities as Acting Fire Chief and Acting Assistant Fire
Chief for the City of Wylie, wrote letters to Wylie News and the
Wylie Sentinel newspapers stating "It has now come to light, as the
result of an audit, that a very large sum of money is unaccounted
for over the last few years that Mr. Allen and Mr. Tapp and Mr.
Bisbee were in charge of the Wylie Fire Department financial
affairs. "
Plaintiff would show that the statement was false, and that the
defendant knew or should have known it was false and it is libel
per se because it implies theft of property. Plaintiff would
further show that he never had signatory powers on the Fire
Department bank account and that prior to August 1990 he was not
in charge of the fire department - a fact known to defendant.
Choya Tapp would show the jury that he is a law abiding citizen,
who tirelessly has devoted countless man hours in protecting the
lives and homes of the citizens of the City of Wylie in Collin
County. Defendant instead of recognizing his numerous unpaid years
of service has chosen for reasons known only to themselves to
maliciously mistreat this good samaritan.
10. Plaintiff would show the jury that the statements of the
defendant as set forth in this petition were patently untrue and
that he has never stolen any money or property from the Fire
Department and that defendant knew or should have known that the
publishing of said statements was reckless, defamatory and
malicious.
6.5"
• C rl
11. Plaintiff would further show that these statements by the
defendant were done in their official capacities and that they are
outrageous in nature and have publically humiliated him.
12 . Alternatively, plaintiff would show that the actions of the
defendant as set forth above constitute intentional infliction of
emotional distress which has proximately caused injury to him.
13 . Alternatively, plaintiff would show that the actions of the
defendant as set forth above constitute negligent infliction of
emotional distress which has proximately caused injury to him.
14 . Plaintiff would show that defendant intentionally or
negligently inflicted emotional distress upon the plaintiff and
that he has suffered great mental anguish as a result of
defendant's actions.
15. Each and every of the foregoing acts and omissions in this
petition, taken separately and collectively constitute a direct and
proximate cause of the injuries and damages set forth herein.
Plaintiff would further show that the actions of defendant were a
producing cause of his injuries.
16. Notice was given to the Wylie City Secretary/City Manager
prior to the filing of this lawsuit for relief under the Texas Tort
Claims Act.
17 . As a result of defendant's actions, Choya Tapp sues for
damages from the actions of defendant in an amount far in excess
of the jurisdictional limits of this court which are incapable of
exact calculation but believed to reasonably be at least One
Hundred Thousand Dollars ($100, 000. 00) .
18 . Plaintiff demands a jury trial in order to clear his good
name.
WHEREFORE, CHOYA TAPP, plaintiff requests that Defendant be cited
to appear and answer, and that on final trial Plaintiff have
judgment against Defendant, for an amount far in excess of the
minimum jurisdictional limits of the Court of at least $100, 000.00,
punitive damages, together with prejudgment interest, post-
judgement interest and costs of court, and for such other and
further relief to which Plaintiff may be justly entitled.
Respectfu s ted,
CHOYA TAPP
2250 Sachse Road
Sachse, Texas
442-0211
Plaintiff - Pro Se
4Tudor Insurance Company
48 South Franklin Turnpike • Ramsey, New Jersey 07446-0504
�*'*. 1 lephone (201) 825-3300 •• Telex 130-324 •• FAX (201) 825-1052/(201) 825-9013
May 29, 1991 ,
\ \ I
City of Wylie ',\ '\
2000 Highway 78 �\`
Box 428 \
Wylie, TX 75098
Attn: James Johnson
Director of Finance/Designee
RE: Choya Tapp vs. City of Wylie
Policy No.: PE 57494
Dear Mr. Johnson:
Tudor Insurance Company acknowledges receipt of a Petition pending in the Collin County
District Court, Texas regarding the above captioned matter. Pleadings bear docket number
219-595-91. A review of the Petition indicates that this matter emanates and flows from
liable and slander. The Complaint seeks both compensatory and punitive damages.
Tudor Insurance Company is the Public Officials Liability insurance carrier for the City of
Wylie, under policy number 57494 issued for a policy period 7/11/90 through 7/11/91
subject to the provisions and exclusions of said policy. The policy has a limit of liability of
$1 million and a retention of $5,000 per loss. The retention applies to defense expenses,
costs, damages, judgments and settlements.
I refer you to III. DEFINITIONS ...
. "(d) "Loss" shall mean any amount which the Insureds are legally obligated to pay
or which the Public Entity shall be required by law to pay as indemnity to the
Insureds, for any claim or claims made against them, for Wrongful Acts and
shall include but not be limited to damages,judgments, settlements and costs,
cost of investigation and defense of legal actions (excluding from such costs
the salaries of officials or employees of the Public Entity or any other
governmental body), claims or proceedings and appeals therefrom, cost of
attachment or similar bonds; provided always, however, such subject of loss
shall not include fines or penalties imposed by law, or matters which may be
deemed uninsurable under the law pursuant to which this Policy shall be
construed."
I refer you to IV. EXCLUSIONS ...
"The Company shall not be liable to make payment for Loss in connection with any
claim made against the Insureds allegedly, based upon or arising out of one or more
of the following:
A Member Company of Western World Insurance Group
6 7 .
Mr. Johnson
Page 2
May 29, 1991
(5) (a) any damages, whether direct, indirect or consequential, arising from, or
caused by, bodily injury, personal injury, sickness, disease or death;
(6) (b) defamation, including, but not limited to libel or slander;,
(7) the willful violation of statute or ordinance committed by or with the
knowledge or consent of an Insured;"
I refer you to Tudor Endorsement TU PE 88 ...
PUNITIVE DAMAGE EXCLUSION
"In consideration of the premium charged, it is understood and agreed that this
policy excludes any claims for punitive or exemplary damages whether arising out
of acts of Insureds, Insureds' employees, or any other person."
Tudor Insurance Company must hereby deny coverage to you in the above captioned matter.
This denial is predicated upon the exclusions and endprsemepts cited above. I sugges you
notify your General Liability carrier..- 71,��' e llr�e jr PY.PeW., , /y1
4,24
Tudor Insurance Company will not be responsible for any costs of defense, defense
judgment or verdict that may be rendered against you.
If you have any questions or need further clarifications, please do not hesitate to contact the
undersigned.
Very truly yours,
‘").--)EY\
Peter I •ne
Suit Exa finer
PML/bi
10523
cc: Agent #5907 - Montgomery & Collins, Inc.
MY DIRECT DIAL NUMBER IS (201) 934-2851, EXT. 851
CJ �
1l 1\{
GARDERE & WYNNE Illi
ATTORNEYS AND COUNSELORS iI'.,'
3000 THANKSGIVING TOWER t` j�
DALLAS, TEXAS 7 5201
TELECOPIER 214-999.4667
WRITER'S DIRECT DIAL NUMBER 214-999-3000 CABLE:GARWYN
TELEX 73-0197
214/999-4885
June 3 , 1991
Mr. Bill Dashner
City Manager
City of Wylie
108 South Jackson
P.O. Box 428
Wylie, Texas 75098
Re: Cause No. S-89-94-CA; The City of Wylie v. Chemical Recycling,
Inc. , et al
Dear Mr. Dashner:
Enclosed please find a copy of our Motion to Withdraw and
proposed Order.
If you have any questions, please don't hesitate to contact
me at the above-referenced number.
Very truly you s,
Kim S. Peters,
Legal Assistant to
Jay A. Brandt
KSP:lh
Enclosure
6
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
i
SHERMAN DIVISION �i �� ,
II
THE CITY
OF WYLIE, l
§ 1
Plaintiff, §
v. § Cause No. S-89-94-CA
§
CHEMICAL RECYCLING, INC. , and §
JAMES SIEMONEIT,
Defendant. §
MOTION FOR WITHDRAWAL OF COUNSEL
Movants, Jay A. Brandt and the law firm of Gardere & Wynne
hereby move to withdraw as counsel of record for Plaintiff, the
City of Wylie, in this cause, and show:
1. Movants desire to withdraw from any further
representation of Plaintiff, the City of Wylie, in this cause.
2. In August 1989, the City of Wylie retained the firm of
Shipley and Schneider in Tulsa, Oklahoma to represent the City in
this matter. At that time, Movants were requested to discontinue
representation.
3 . Recently, a representative for the United States District
Clerk informed the Movants that they were still counsel of record.
Movants transmitted this information to Bill Dashner, City Manager
of the City of Wylie. Dashner stated that the City of Wylie had
terminated Shipley and Schneider's representation a few months ago.
Dashner refused to permit Movants to do anything regarding this
MOTION TO WITHDRAW AS COUNSEL OF RECORD - Page 1
7O
matter. Copies of this motion and proposed order were sent to
Dashner.
WHEREFORE, Movants request that the Court grant them leave to
withdraw as counsel of record for the City of Wylie and that the
Court enter the proposed Order filed herewith granting such relief.
Respectfully submitted,
GARDERE & WYNNE
By: Ai L- 41 . '- V
- 4 A Brandt
•te Bar No. 02882100
•1 • im Street, Suite 3000
Dallas, Texas 75201
214-999-3000
FAX 214-999-4828
The court file indicates that no entry of appearance was made
for any other counsel of record.
GW04:66594
MOTION TO WITHDRAW AS COUNSEL OF RECORD - Page 2
7/
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
THE CITY OF WYLIE, §
§
Plaintiff,
§
v. § Cause No. S-89-94-CA
CHEMICAL RECYCLING, INC. , and §
JAMES SIEMONEIT, §
§
Defendant. §
ORDER GRANTING LEAVE TO WITHDRAW AS COUNSEL OF RECORD
This case is before the Court upon the Motion of Jay A. Brandt
and the firm of Gardere & Wynne to withdraw as counsel of record
for Plaintiff, the City of Wylie, in this cause. The Court, having
reviewed the Motion, finds that the Motion should be granted in its
entirety.
IT IS, THEREFORE, ORDERED that Jay A. Brandt and the firm of
Gardere & Wynne are hereby granted leave to withdraw as counsel of
record for Plaintiff, the City of Wylie, in this cause and they
shall have no further responsibility for the further conduct of the
case.
SIGNED this day of , 1991.
Judge Presiding
GW04:66600
ORDER GRANTING LEAVE TO WITHDRAW AS COUNSEL OF RECORD - Page 1
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