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01-08-1991 (City Council) Agenda Packet DATE POSTED 1-04-91 TIME POSTED 5:00 P.M. AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, JANUARY 8, 1991 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS PART ONE 1 1 - 8 Consider approval of minutes from November 27th and December 5, 1990 Council meetings 2 9 Discuss and consider with the United States Environmental Protection Agency Representative Environmental Issues in The City of Wylie 3 10 - 20 Discuss and consider Financial Report for Period Ending 11/30/90, Second Month FY91 4 21 - 23 Discuss and consider City of Wylie Invested Funds as of November 30, 1990 and Uninvested Balances in Operational Accounts as of December 27, 1990 (Provident Bank) 5 24 - 26 Discuss and consider Bonded Indebtedness and Debt Service Requirements based on Bonds as of September 30, 1990 6 27 - 34 Discuss and consider 1988 Certificates of Obligation and the Assessment Street Program and consider Assessment List of Payments and Nonpayments 7 35 - 43 Discuss and consider Special Audit Report on 1990 $3,500,000 Certificate of Obligations for Sewer Lines Construction - Landfill Closure - Service Center- Animal Shelter Relocation and Audited Balance 8 44 - 46 Discuss and Consider Balance in Account for 1988 Certificate of Obligations in the Amount of $1,275,000 which is Street Reconstruction Fund Account 9 47 - 75 Discuss and consider Appeal requested by Mr. Gilbert Welch on Denial of his Claim for $35,328.00 for Sewer Line Easement Sodding in 1989 after the City had paid Mr. Welch $4,024.00 for Easement Rights. 10 76 - 78 Discuss and consider Special Report FY90 Audit on Perimeter Street Fund Account ORDER OF PAGE BUSINESS REFERENCE BUSINESS 11 79 - 83 Discuss and consider Funding Alternative for $80,000 Shortfall of Collin County on Total Funding for Brown Street/McCreary Road Project 12 84 - 85 Discuss and consider Special Report on Balance of 1988 $200,000 Certificate of Obligations to be Used on Right of Way Acquisition for the Installation of Three (3) New Major Sewer Lines 13 86 - 92 Discuss and consider Final Acceptance of Muddy Creek Interceptor Sewer Line Constructed by Pate & Pate and authorize Final Payment Pending Completion of Four Minor Cleanup Areas 14 93 - 95 Discuss and consider screening process for the selection of a full time in- house City Attorney 15 96 - 99 Discuss and consider renewal of Employee Group Health/Life Insurance with Blue Cross and Blue Shield 16 100 - 101 Discuss and consider completing appointments to the Wylie Master Plan/Goals Committee 17 102 Discuss and consider Regular Monthly meeting with Collin County Commissioners Court (Monthly Coordination meeting) 18 103 Discuss and consider progress report on ongoing negotiations with TCI Cablevision on New Franchise Agreement 19 104 - 105 Designation of an Acting City Manager in Compliance with the City Charter 20 106 - 107 Discuss and consider approval of Agreement and Memorandum of Understanding Between Wylie Development Corporation, Inc. and the City of Wylie 21 108 - 116 Discuss and consider Update Report on Ingress/Egress to Highway 78 for Brookshire, Eckerd and the Hospital PART TWO 22 117 - 119 Discuss and consider Texas Department of Health Response to Phase II Testing and Monitoring at Landfill Location 23 120 - 121 Discuss and consider payment of Claim for November Services to Jones & Neuse for Phase II Landfill Testing & Monitoring 24 122 - 123 Discuss and consider selection of options presented by North Texas Municipal Water District on Construction of Regional Wastewater Treatment Program ORDER OF PAGE BUSINESS REFERENCE BUSINESS 25 124 - 131 Discuss and consider installation of Stop Signs on Winding Oaks at Ann Street and Winding Oaks at Kathy Street 26 132 - 134 Discuss and consider Final Payment after Termination to Shipley and Inhofe 27 135 - 142 Discuss and consider Contract for Ambulance Service Between the City of Wylie and A-1 Ambulance Service, Inc. 28 143 - 153 Discuss and consider acquisition of three (3) Construction Easements for the Sanitary Sewer Line to Newport Harbor Estates and Progress Report on the Remaining Ten (10) 29 154 - 156 Discuss and consider Method of Funding for Wastewater Treatment Plant Improvement in compliance with the Agreement with North Texas Municipal Water District 30 157 - 180 Discuss and consider approval of Phase I Capital Street Improvement Program and Authorize Seal Coating Based on Annual Bid Cost and approve Inventory of Streets to be improved. 31 181 - 183 Discuss and consider positive results of Tests Conducted on Service Center Underground Storage Tests 32 184 Discuss and consider Water Consumption at Southfork Mobile Home Park and Average Monthly Billing 33 185 - 204 Discuss and consider authorizing placement of two (2) Master Water Meters at Southfork Mobile Home Park after Review of Formal Contract (Dated 1985) 34 205 - 220 Discuss and consider Sealed bids on Purchase of Land for Future Site for City's Service Center 35 Citizen Particiation In accordance with the Open Meeting Act, the City Council will hear comments of Public Interest from residents of the City of Wylie. Any discussion must be limited to placing the item on a future agenda for further consideration. Wylie Residents wishing to speak before Council should limit remarks to a maximum of five (5) minutes. 36 Adjourn CITY COUNCIL MEETING MINUTES NOVEMBER 27, 1990 The City of Wylie City Council met in regular session on Tuesday, November 27 , 1990 at 7 :00 P.M. in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Don Hughes , Council Members William Martin, Chuck Wible, Steve Wright, Percy Simmons, and Pat Stemple, City Manager Bill Dashner , City Secretary Carolyn Jones , Finance Director James Johnson, Engineer Paul Beaver . Mayor Akin called the meeting to order and Rev. Mona Bailey gave the invocation which was followed with the Pledge of Allegiance. MEMBER OF THE DALLAS REGIONAL MOBILITY COALITION: City Manager Bill Dashner stated that Mr . Griffin, Executive Director of Dallas Regional Mobility Coalition discussed the possibility of Wylie joining the transportation organization. This will be of help to Wylie in bringing about the completion of State Highway 544 and 78 and also give us help and support in Austin on any transportation problems we might have. The membership fee is $910.00 annually. Staff recommends approval . A motion was made by Councilman Wright to approve the membership in the Dallas Regional Mobility Coalition with annual fee of $910 .00 . Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor and Councilman Simmons - in favor . This motion carried with all in favor . AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF WYLIE AND PRIVATE PROPERTY OWNER ON AKIN LANE FOR THE REALIGNMENT AND RECONSTRUCTION OF AKIN LANE: City Manager Bill Dashner stated this agreement has been agreed to by Mr . Raymond Cooper giving the City the right to use certain private property in order to straighten out and realign Akin Lane. Staff recommends approval of the agreement between Mr . Cooper and the City of Wylie. City Manager Bill Dashner requested City Secretary to read the agreement into the records . The agreement reads as follows : AN AGREEMENT AND MEMORANDUM OF UNDERSTANDING The City of Wylie, Texas does hereby agree and make the following commitment to Mr . Raymond B. Cooper , 301 Dogwood, Wylie, Texas. Mr . Raymond B. Cooper has agreed to forfeit certain private property located on Akin Lane in order for Akin Lane to be straightened out and for the elimination of a dangerous curve. This realignment of Akin Lane will be in accordance with he revised replat (Replat of Lots 1 thru 10 and Lot 17 of Wylwood Estates, Installment 5 , dated 8/28/87 ) . In order for Akin Lane to be straightened out certain obstructions will have to be eliminated . They are a cluster of trees and a man made earthen burm. The City of Wylie agrees in exchange for this property right, that Mr . Raymond B. Cooper will not be assessed or charged for any purpose pertaining to construction, rehabilitation, maintenance or re-building in general of Akin Lane for the duration of time that Raymond B . Cooper owns Lot 1 or 2 of Wylwood Estates #5 . Signed by Mr . Raymond B. Cooper and Mayor John Akin and attested by Carolyn Jones, City Secretary. I A motion was made by Councilman Simmons to approve the Agreement and Memorandum of Understanding as read. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . RECONSTRUCTION OF AKIN LANE FROM MASTERS TO STONE ROAD, APPROXIMATELY ONE MILE OF TOTAL RECONSTRUCTION: City forces started reconstruction of Akin Lane under the Perimeter Street Program. This will be the most difficult and most costly of all the road work we have done because this area was not platted and there is a great deal of work to be done on survey and realignment. The estimated cost on this job is $35,000 .00 . There is $46 ,000 .00 available from Perimeter Street money of which Mr . David Griffin has authorized usage . A motion was made by Councilman Simmons to approve the reconstruction of Akin Lane from Masters to Stone Road. Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REPORT ON DELINQUENT AND BANKRUPT CASES INVOLVING NON- PAYMENT OF AD-VALOREM TAXES TO CITY OF WYLIE: City Manager Bill Dashner stated that there are 63 cases which involve 149 accounts after attorney fees, court costs and collection fees, the amount is $100 ,284 .05 . Staff will prepare a report similar to this each month to keep you informed of the delinquent tax collections. REPEALING COMMUNITY PARK FUND AND ELIMINATION OF VOLUNTARY ASSESSMENT OFF CITY UTILITY BILLS : City Manager Bill Dashner stated that in October, 1989 a provision was made to create a Community park Fund. This fund was placed on all utility bills as a voluntary contribution of $1 .00 to go for park capital improvements. Many utility customers have little knowledge that this is a voluntary assessment . This tax was not by separate ordinance or resolution. Under the circumstances and the manner in which this was done, you may want to repeal this action. Since this fund was started , it has collected approximate $14 ,000 . There has also been the question from citizens about having this refunded, but staff can not refund unless the Council gives us authority to do so . A motion was made by Councilman Simmons to remove the voluntary contribution from the water bills on a temporary basis and if Council decides to seek the contribution again, to hold a public hearing first. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . CONSTRUCTION OF NATIONAL GUARD ARMORY AND CITY OF WYLIE INVOLVEMENT: City Manager Bill Dashner stated that the City of Wylie has committed to one grade crossing with estimated cost of $140 ,000 plus $10 ,000 for utility extensions and a request to waive building permit fees and perimeter street fees and also impact fees . This will have to be discussed and voted on by the City Council . The perimeter street fees are not necessary since Spring Creek Parkway is being paid for by other sources. The Federal Government pays no building permit fees , however the City Council must decide if the Federal Government pays Impact Fees. City Manager Bill Dashner stated it was his opinion that the Federal Government could contest the impact fee ordinance. This is a decision that the Council will have to make later . POSSIBLE RELOCATION OR REPLACEMENT OF GASOLINE STORAGE TANK AT SERVICE CENTER AND SERVICE CENTER LOCATION: City Manager Bill Dashner stated the gasoline tanks are 20 years old and will have to be relocated or replaced in 1991 . Under federal law the City in December will start monitoring the tanks for leakage. There has been bond funds set aside for the relocation of the City' s Central Service Center . These funds were set aside because of the pending lawsuite - Chemical Recycling and the gasoline tanks . The Council can wait until the lawsuite is settled to see how much the City recovers or start looking for a potential site for a future service center location and relocate everything to this site. A motion was made by Councilman Simmons to seek relocation property for Public Works Center . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSENT AGENDA: The consent agenda consisted of Easement on Mccreary Road from the Resolution Trust Corporation of the U . S. Government; Acceptance of Right-of-way Easement from North Texas Municipal Water District for the Reconstruction of Brown Street; cancel the scheduled City Council meeting on December 25, 1990; and acceptance of Final Plat for Martinez Addition, Phase II . A motion was made by Councilman Martin to approve the Consent agenda as submitted. Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PUBLIC HEARING FOR THE PURPOSE OF DECLARING PUBLIC NUISANCE ON WEEDY LOTS THROUGHOUT THE CITY AND AUTHORIZE ABATEMENT OF PUBLIC NUISANCE: Mayor Akin opened the public hearing and stated anyone wishing to speak to come forward and state their name and address for the record and to keep their comments within five minutes. City Manager Bill Dashner stated that there are weedy lots throughout the City that the staff has been trying to get mowed for months . Staff has been through the due process provision and would ask that Council declare the weedy lots a public nuisance and order them abated . Staff is requesting authorization to receive quotes to have these weedy lots cut on a contract basis and then attempt to collect from the property owner of record. If this cannot be done the charge will be assessed against property tax rolls . One citizens spoke (no name given) in favor of this declaring public nuisance on weedy lots. There being no other comments, Mayor Akin closed the public hearing . AUTHORIZATION TO RECEIVE QUOTES ON CONTRACT TO CLEAR WEED LOTS BY DECLARING PUBLIC NUISANCE ON WEED LOTS: A motion was made by Councilman Simmons to grant authorization to receive quotes on contract basis to clear weedy lots by declaring Public Nuisance on Weed Lots . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PUBLIC HEARING FOR THE PURPOSE OF ZONING FROM AGRICULTURE USAGE TO PLANNED UNIT DEVELOPMENT AS REQUESTED BY INVESTORS NETWORK INTERNATIONAL: City Manager Bill Dashner stated this property is located in the E. C. Davidson Survey, Abstract 266 and being part of 30 acre tract of land, 3 . (general location between FM 544 and W. Brown Street behind Fox and Jacob' s addition) . This property is surrounded by multifamily on the east and west sides, industrial on the south and single family on the north. The proponent is proposing to develop zero lot line homes that would compete with the Single Family Residential - 3 regulations with the following exceptions: 1 . side year - provide a zero side and six feet between buildings; 2 . Lot area - allow for a minimum lot area of four thousand square feet; 3 . Lot width - allow a minimum lot width of forty feet . The relationship of the requested zoning and adjacent zoning is compatible. There are two other issues that have surfaced during the P & Z deliberation. The first being only one access to this development . This concern appears to be resolving itself with the proposed development of Westgate Way through to Highway 544 . The other issue is the proximity of this site to the super fund site and other environmentally sensitive areas. You can only assume that the United States Government considered it safe enough to build a postal facility closer to this site than this proposal . Those speaking in favor of this proposed zoning were Mark Kerstein, representing the property owners, Duane Helmberger, Engineer for property , Don Light, Real Estate professional . Those speaking against the proposed zoning were Cheryl Edwards of 613 Andersonville Lane, Ann Parker of 600 Andersonville Lane, and Mark Hadaway of 601 Andersonville Lane. There being no other comments, Mayor Akin closed the public hearing. APPROVAL OF ORDINANCE ESTABLISHING PLANNED UNIT DEVELOPMENT ZONING ON PROPERTY DESCRIBED AS BEING LOCATED IN THE E. C. DAVIDSON SURVEY, ABSTRACT 266 AND BEING PART OF A 30 ACRE TRACT OF LAND, AS RECORDED IN VOLUME 671 , PAGE 720 OF THE COLLIN COUNTY DEED RECORDS. City Manager Bill Dashner stated that Planning and Zoning met on this property and voted to recommend approval of this Planned Development and staff recommends approval . Concern was voiced regarding the environmental reports and the zoning buffer from Industrial to Residential . City Manager Bill Dashner said he has placed on the table in the back of the chambers the rules from the Texas Air Control Board, if any industry is not in compliance the action taken will be by Texas Air Control Board not the City of Wylie. A motion was made by Mayor Pro Tem Hughes to approve the Ordinance for Planned Development. Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - against, Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with five (5) in favor , and two (2) against. APPROVAL OF PRELIMINARY PLAT FOR OAKRIDGE ADDITION: The city staff has studied and reviewed this preliminary plat for Oakridge Addition. This plat is in conjunction with the zoning change for Investors Network International . The staff recommends that this preliminary plat request be approved . A motion was made by Mayor Pro Tem Hughes to approve the Preliminary Plat for Oakridge Addition. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor. This motion carried with all in favor. FINAL ACCEPTANCE FOR THE USE OF NEWLY CONSTRUCTED MUDDY CREEK INTERCEPTOR SEWER LINE IN ORDER TO ELIMINATE TWO (2) Lk PUMP AND HAUL LOCATIONS _ AND ACTIVATE ONE (1 ) YEAR MAINTENANCE BOND: In order to connect Southfork Mobile Home Park and Presidential Estates Subdivision to the new Muddy Creek Interceptor we need Council approval for final acceptance of Muddy Creek Interceptor Sewer Line. This will eliminate two (2) pump and haul locations. The line has been inspected by the Consulting Engineer , the City on site inspector and the Director of Planning and Engineering. The only remaining item in order to fully complete this line is final sodding and seeding by the contractor in the spring of 1991 under the supervision of Collin County Soil and Conservation Service. At a future meeting final payment will be requested and the release of 5% retainage, however, the one (1) year maintenance bond will start on November 27 , 1990 . A motion was made by Councilman Martin to approve the final acceptance for the Use of newly constructed Muddy Creek Interceptor Sewer Line in order to eliminate two (2 ) pump and haul locations . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CABLE TV FRANCHISE COMPLIANCE WITH CITY ORDINANCES AND FRANCHISE COMMITMENTS AND RATE INCREASE NOTIFICATION AND NON-COMPLIANCE WITH FRANCHISE ORDINANCE ON SIXTY (60) DAY NOTIFICATION: City Manager Bill Dashner stated that staff was requesting to meet with TCI Cablevision of Texas, Inc. and re-negotiate the Franchise Fee from 3% to 5% . Therefore based on staff research I am persuaded that the City should take action to notify TCI Cablevision of Texas that the franchise agreement is subject to renegotiation on the following points: 1 . Franchise Fee ( including all programming if legal) 2 . Franchise Terms (reduce from 15 year term) 3 . Rate Adjustment (justification for two (2) rate increases in less than one (1) year) A motion was made by Mayor Pro Tem Hughes to grant authorization for staff to re-negotiate franchise fee and terms and rates with TCI , Cablevision of Texas, Inc. Seconded by Councilwoman Stemple. The vote was as follows: Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. AWARD COMPETITIVE BID ON THREE (3) NEW POLICE PATROL UNITS: The award of this bid is in accordance with the FY 90-91 budget . Staff received five bids, two did not meet specifications. The three bids meeting specification were as follows: Hudiburg Chevrolet 1991 Chev. Caprice $15,563 per unit Ray' s Chevrolet 1991 Chev . Caprice $14 ,999 per unit Reliable Chevrolet 1991 Chev . Caprice $15,199 .96 per unit Staff recommends the bid be award to Ray' s Chevrolet in the amount of $14,599 per unit or a total cost of $44 ,997 . A motion was made by Mayor Pro Tem Hughes to award the bid to Ray' s Chevrolet for three Patrol Units in the amount of $14 ,599 per unit or a total cost of $44 ,997 . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor. This motion carried with all in favor. MONTHLY FINANCIAL REPORT : The two major accounts in October month report are the General Fund in which the City received $123 ,870 and expended $179 ,105 and in the Utility Fund, received $196 ,775 and expended $140 , 315 . The General Fund and Utility Fund together received $320 ,595 and expended $319 ,420 for a positive balance of $1175 . FINAL REPORT ON RECONSTRUCTION COSTS FOR COTTONBELT STREET: The original estimated cost to do Cottonbelt was $22,000 . The final detail cost to complete this road was $26,605 . the City used more asphalt than was estimated and spent more on drainage work than was estimated . Status report on original $200 ,000 earmarked for street reconstruction: Phase I 5 major streets $123 ,000 .00 Keefer Street 17 ,539 .00* Cottonbelt 26,605 .00* Total Spent $167 ,144.00 Beginning Funds $200 ,000 .00 Balance $ 32,856 .00 * Includes Labor Costs SYSTEMATIC SCHEDULE TO REMOVE AND ELIMINATE THE UNFUNDED LIABILITY OF ALL COMPENSATORY TIME ACCRUALS OF DEPARTMENT HEADS : City Manager Bill Dashner stated there has been a schedule for all department heads to remove and eliminate all compensatory time they are entitled to by official personnel records . Schedules have been received from department heads that all this time will be eliminated by the middle of 1991 . The method to be used is mandatory time off from their duties. Needless to say this will put a strain in some critical departments of City Government but in my judgment it must be done in order to eliminate this inordinate unfunded liability. PAYMENT OF CLAIM TO SHIPLEY & INHOFE, CITY LEGAL COUNSEL ON ENVIRONMENTAL ISSUE: This claim is in the amount of $5 ,066 . 72 . with the payment of this claim to date the City has paid this law firm $20 ,476 .44 . A motion was made by Mayor Pro Tem Hughes to approve claim in the amount of $5 ,066 .72 to Shipley & Inhofe. Seconded by Councilman Wright. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Akin stated those wishing to address the Council to come forward at this time and state their name and address for the records and to keep their comments within five minutes. In accordance with the Open Meeting Act, the Council will hear comments of public interest, but any discussion shall be limited to placing the item on a future agenda for consideration. Steve Ahrens of 409 Gaston Dr . North addressed the council concernign the fire department . Richard Parker of 802 Heatherwood thanked Council for the street program and wanted to know if the south end of Keeper was going to be done. There being no other business for discussion, a motion was made to adjourn with all in favor . John W. Akin, Mayor ATTEST : Carolyn Jones , City Secretary MINUTES CALLED MEETING - CITY COUNCIL CITY OF WYLIE, TEXAS WEDNESDAY, DECEMBER 5 , 1990 The City of Wylie City Council met in a 5 : 00 PM called session on Wednesday, December 5 , 1990 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Don Hughes , Councilmembers , Percy Simmons , Steve Wright and William Martin . Pat Stemple and Chuck Wible were unable to attend . Also present were City Manager , Bill Dashner and Secretary, Barbara LeCocq. The meeting was called to order at 5 : 20 PM by Mayor John Akin . Mayor Akin gave the invocation and Councilman Steve Wright led the Pledge of Allegiance to the Flag . Councilman Simmons asked that it be noted that the meeting was held in the Council Chambers rather than the Conference Room as posted. ITEM NO. 1 - AWARD OF COMPETITIVE BID FOR ASPHALT OVERLAY WORK ON ANNUAL BASIS IN ORDER TO OVERLAY PHASE I OF AKIN LANE ON DECEMBER 6L 1990 . Discussion included the sealcoat addendum, dollar amount represented in this bid . Some concern was expressed about two course penetration . With no more discussion, Mayor Akin called for a motion. Councilman Martin made a motion to award , the bid to Bolen Construction Company, 700 W. Coffin , Denison , Texas 75020 , 903-465-7160 . Motion seconded by Councilman Wright . Vote as follows : Mayor Akin , yes ; Mayor Pro Tem Hughes , yes ; Councilman Simmons , yes ; Councilman Martin , yes ; Councilman Wright , yes . Motion carried with all in favor . Further discussion items included a work session to be placed on the next agenda , appointment of an Ambulance Advisory Committee for next agenda , and Charter Amendments to be offered to the public at the May Election. All items are to be placed on future agendas by City Manager Dashner , for discussion and consideration by the Council . Meeting adjourned at 6 : 00 PM. • 2 MEMORANDUM DATE: January 2, 1991 TO: Mayor and City Council FROM: Bill Dashner , City Manager r� RE: Discuss and Consider With The United States Environmental Protection Agency Representative Environmental Issues in The City of Wylie The United States Environmental Protection Agency will have a representative to discuss with the City Council any environmental issue in the City of Wylie that the EPA and the City of Wylie is working on . Specific reference is made to the Jones and Neuse Report and the Golder Report . 4_ MEMORANDUM DATE: December 28 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager re RE: Discuss and Consider Financial Report For Period Ending 11/30/90 , Second Month FY91 Provided here are overall summary reports on major accounts such as General Fund, Utility Fund and Sanitation . Also included is a financial summary of all departments set out by the budgeted amount and percentage expenditures to date . At the end of the second month the City has received $748 ,585 in revenues . For the same time frame the City has expended $740 ,405 . The City has received 12 .57% of the projected budget and the City has spent 12 . 43% of the projected budget . The total budget as approved by the City Council for FY91 was $5 ,955 ,000 . Through the first two months the City has collected in revenue in the four major accounts which are General , Utility, Sanitation and Impact a total of $748 ,585 . Therefore , through the first two months the City has collected $8 , 180 more than it has spent . /C). HUDGET SUMMARY 1990-91 FISCAL YEAR PRINCIPAL OPERATING, FUNDS : BUDGET ELAPSED TIME: 16 . 67% PERIOD ENDING 11/30/90 : 2ND MONTH BUDGET REVENUES EXPENDITURES FUND REVISED AMOUNT % RECEIVED AMOUNT BUDGET RECEIVED OF BUDGET EXPENDED EXPENDED GENERAL 3 , 460 , 000 324 , 345 9 . 37% 426 , 805 12. 34% 101-450 UTILITY 2 , 090 , 000 358 , 000 17 . 13% 300 , 115 14 . 36% 501-521 SANITATION/OP 360 , 000 50 , 240 13 . 96% 6 , 665 1 . 85% 661 IMPACT 45 , 000 16 , 000 35 . 56% 6 , 820 15 . 16% 901 TOTAL OPERATING BUDGETS 5 , 955 , 000 748 , 585 12 . 57% '140 , 405 12. 43% *IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE TO NEW ORDINANCE. ACCOUNT FUNDS USED FROM PREVIOUS YEAR TO ACCOUNT FOR DEFICIT FUNDING. ALSO CAUSED BY IMPLEMENTATION OF NEW IMPACT ORDINANCE. IL CAPITAL PROJECTS FUNDS FUND TOTAL AMOUNT % RECEIVED AMOUNT APPROPRIATION RECEIVED OF BUDGET EXPENDED EXPENDED 74 STREET 115 , 000 725 . 63% 14 , 565 12 . 67% RECONSTRUCTION (74 FUND - BALANCE OF FUNDS TO BE USED ARE FROM 1988 C. O. ' S AND ASSESSMENTS COLLECTED) 91 UTILITY CONST 650 , 000 7 , 070 1 . 09% 114 , 805 17. 66% ENGINEER TOTAL CAPITAL 765 , 000 7 , 795 1 . 02% 129, 370 16. 91% PROJECT BUDGET / 2. DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 16 . 67% - 2ND MONTH PERIOD ENDING NOVEMBER 30 , 1990 FUND lu GENERAL REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 101 COUNCIL 91 , 250 21 , 080 23 . 1U% 102 CITY MANAGER 153 , 500 15 , 635 10 . 19% 103 CITY SECRETARY 92, 000 12, 705 13. 81% 105 CODE ENFORCEMENT 99 , 000 17 ,055 17 . 23% 107 ENGINEERING 79 , 500 13 , 575 17 . 08% 110 FINANCIAL SERVICES 245 , 500 39, 425 16. 10% 120 MUNICIPAL COURT 50 , 750 7 , 440 14. 66% 130 DEBT SERVICE 692 , 500 -0- 0 . 00% 140 BLDG. SERV. /M. COMPLEX 183 , 000 24 , 960 13 . 64% 141 BLDG. SERV. /LIBRARY 19 , 250 2, 840 14 . 75% 142 BLDG. SERV. /FIRE 20 , 250 2 , 295 13 . 47% 143 BLDG. SERV. /P. WORKS 26 , 500 6 , 525 24 . 60% 144 BLDG. SERV. /PARKS 13 , 000 1 , 605 12. 35% 201 POLICE ADMINISTRATION 80 , 000 14 , 940 18 . 68% 202 POLICE PATROL 521 , 250 71 , 490 13. 72% 203 POLICE INV . 58 , 750 8, 095 13 . 78% 204 POLICE REC. /COMMO. 110 , 250 19, 560 17 . 74% 205 METRO WARRANT OFFICER 40 , 250 5, 775 14 . 35% 220 FIRE DEPT. 100 , 250 5, 065 5 .05% 230 E.M. S. 116, 250 19, 365 16 . 66% 301 LIBRARY 62 , 000 8, 535 13. 77% 310 PARKS 93, 000 7 , 705 8. 28% /3 . 420 STREETS/DRAINAGE 432 , 500 89 , 655 20 . 73% 440 GARAGE 41 , 500 5 , 060 12 . 19% 450 ANIMAL CONTROL 38 , 000 6, 420 16. 89% TOTALS 3, 460 , 000 426 , 805 12 . 34% FIGURES ROUNDED TO NEAREST HIGHEST OR LOWEST NUMBER ON ALL SUMMARIES /4. DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 16 . 67% - 2ND MONTH PERIOD ENDING NOVEMBER 30 , 1990 FUND 20 UTILITY EXPENDITURE % EXPENDED BUDGET TO DATE 501 UTILITY ADMIN . 339 , 500 11 , 785 3 . 47% 502 WATER 510 , 000 79, 585 15 . 60% 503 WASTEWATER 394 , 000 65 , 605 16 . 65% 510 UTILITY BILLING 199 , 500 30 , 330 15. 21% 516 DEBT SERVICE 605 , 750 110 , 145 18 . 18% 520 BLDG. SERV. /M. COMPLEX 15, 500 300 1 . 94% 521 BLDG. SERV . /P. WORKS 26 , 000 2 , 365 9 . 10% TOTALS 2 , 090 , 000 300 , 115 14 . 36% /‹, DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 16 . 67% - 2ND MONTH PERIOD ENDING NOVEMBER 30 , 1990 FUND 65 SANITATION/OP. REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 651 SANITATION 360 , O00 6 , 665 1 . 85% DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 16 . 67% - 2ND MO. PERIOD ENDING NOVEMBER 30 , 1990 FUND 74 STREET RECONSTRUCTION BUDGET EXPENDITURE % EXPENDED TO DATE 741 STREET RECONSTRUCTION 115 , OOU 14 , 565 12 . 67% DEPARTMENTAL EXPENDITURE SUMMARY .BY FUND BUDGET YEAR TIME ELASPED: 16 . 6'7% - 2ND MONTH PERIOD ENDING NOVEMBER 30 , 1990 FUND 9U IMPACT/LIFT BUDGET EXPENDITURE EXPENDED TO DATE *901 IMPACT/LIFT 45 , O00 6 , 820 15 . 16% *THE IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE TO NEW ORDINANCE . /8 . OPERATING FUND BALANCES THE FOLLOWING IS A LIST OF THE PRINCIPAL OPERATING FUNDS AND THE "FUNDS AVAILABLE" AMOUNT IN THE FUND AS OF 11/30/90 . * FUND *10 GENERAL $158 , 531 . 57 *20 UTILITY $148, 606. 00 *65 SANITATION OPERATING $ 20 , 610 . 56 **90 IMPACT/LIFT $ 25, 864 . 67 $353 . 612. 80 CAPITAL PROJECT FUNDS *74 STREET RECONSTRUCTION $ 68 , 213 . 48 *91 UTILITY CONSTRUCTION $ 50 , 452 . 92 $118 . 666 . 40 *EXCLUDES INVESTMENTS; EXCLUDED CHECKS IN TRANSIT NOT CLEARED **PER NEW IMPACT ORDINANCE - FUND CONSOLIDATED INTO IMPACT FUND. ! 9• DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 16 . 67% - 2ND MO. PERIOD ENDING NOVEMBER 30 , 1990 FUND 91 UTILITY CONSTRUCTION BUDGET EXPENDITURE % EXPENDED & ENGINEERING TO DATE 911 UTILITY CONSTRUCTION 650 ,000 114 , 805 17 . 66% & ENGINEERING • 24) . MEMORANDUM DATE: December 31, 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider City of Wylie Invested Funds As of November 30 , 1990 And Uninvested Balances in Operational Accounts as of ecember 27 , 1990 (Provident Bank) The following is the amount of money that the City of Wylie had invested as of November 30 , 1990 . Provident Bank CD#016601* $ 97 ,980 . 00 General Fund $ 97 , 980 .00 UNRESTRICTED FUNDS Provident Bank CD#016517* 67 ,509 .52 Perimeter Street Provident Bank CD#016519* 53 ,772 .87 PerimeterStreet Provident Bank CD#016518* 99, 520 . 97 Perimeter Street Provident Bank CD#016602* 80 ,492 .60 Perimeter Street Provident Bank CD#016620* 86 ,393 .20 Utility Deposit Reserve Provident Bank CD#016621* 99 ,513 .52 Utility Deposit Reserve Provident Bank CD#016619* 94 , 816 . 93 Utility Bond Reserve $582 , 019 .61 TOTAL RESTRICTED FUNDS Freddie Mac' s $1 ,955,000 .00 TOTAL BOND FUNDS INVEST; U . S . Government $2 ,626,332 .45 TOTAL ALL FUNDS *A11 funds backed up by U . S . Government Securities ($100 ,000 ceiling , FDIC not applicable) 21 The following is a list of the uninvested balance in each fund as of December 27 , 1990 . General Fund $ 243 ,386 .97 Utility Fund 208 ,397 .29 Utility Refund 10 ,928 .92 Municipal Court 9 ,384 . 75 Payroll 25,369 .63 Utility Deposit 19 , 504 . 75 General Interest & Sinking 214 ,604 . 34 Utility Interest & Sinking 8 ,533 .46 Perimeter Street 38,833 . 31 Utility Bond Reserve 6 ,692 .62 Impact 25, 951 .16 State Court 27 ,029 .99 Community Room 2,149 .00 Sanitation Operating 24 ,939 .33 Return Check Fund 65 .136 Street Reconstruction 38 ,942 .65 Landfill 1 ,188 .58 22. Sales Tax 4 ,126 .46 Library 596 .88 Police Training 83 .53 Park Contributions 15 ,484 .99 Utility Construction 41 ,150 .45 Economic Development 61,639 .13 Landfill Closure 3 ,917 .51 Service Center/Animal Shelter 753 . 93 UNINVESTED FUNDS AS OF 12/27/90 $1 ,034 .241.59 TOTAL INVESTED FUNDS $2 ,626,332.45 TOTAL UNINVESTED FUNDS 1 ,034 ,241 .59 TOTAL ALL FUNDS $3 ,660 ,574 .04 23 . MEMORANDUM DATE: December 31 , 1990 TO: Mayor and City Council �A FROM: Bill Dashner , City Manager ' W�" RE: Discuss and Consider Bonded Indebtedness And Debt Service Requirements Based on Bonds As of September 30 , 1990 . As of September 30 , 1990 the City' s overall bonded debt is $17 ,579 ,131 . On February 15 , 1991 the City must make debt service payments on outstanding bonds in the amount of $680 ,477 .25 . This physical year we must make a total debt service payment of $1 ,300 ,000 . I have attached a list of outstanding bonds, showing year of issuance, year of payout , remaining principal amount and amount of interest and total debt . You will note that the City acquired over 50% of this debt starting in 1988 . Of the total principal amount of debt which is $9 ,590 ,000 , $5 , 375 , 000 occurred from 1988 to 1990 , a two year period . Attachment : Outstanding Bonds as of 09/30/90 24- BONDS PAYMENTS DUE ON FEBRUARY 15 , 1991 PRINCIPAL INTEREST TOTAL DUE SERIES 90 $3,500,000 ISSUE 75,000 .00 260,900.00 335 ,900 .00 SERIES 89 $ 200 ,000 ISSUE 15 , 000 .00 7 ,006 .25 22 ,006 .25 SERIES 88 $1,275 ,000 ISSUE 30 ,000 .00 54 ,226 .25 84 226 .25 SERIES 88 $ 400 ,000 ISSUE 80 000 . 00 (PPFC) 9,293 . 75 89 ,293 . 75 SERIES 86 $ 135 ,000 ISSUE 30 , 000 .00 10 ,500 .00 31 ,050 .00 (THIS WILL PAY OFF WITH THIS PAYMENT) SERIES 86 $1 ,800 ,000 ISSUE 50 ,000 .00 66 ,411 .25 116,411 .25 (CITY HALL) $280 ,000 . 00 $398 ,887 .50 $678 ,887 .50 PAYING AGENT FEES 1,589. 75 TOTAL DUE $680 ,477 .25 z�� OUTSTANDING BONDS AS OF SEPTEMBER 30 , 1990 YEAR OF ISSUE INTEREST % PRINCIPAL INTEREST TOTAL 1971 WATER & SEWER 4 . 50 - 6 .625 $145 ,000 $ 35 ,776 $180 , 776 REVENUE BONDS $300 ,000 PAY OFF 6/01/96 1980 WATER & SEWER 8 .50 - 9 .0 360 , 000 402 ,750 762 ,750 BONDS WATER TOWER INTEREST PAYMENTS ONLY UNTIL 6/01/97 $400 ,000 PAY OFF 06/01/2005 1986 WATER & SEWER 8 .40 145 ,000 129 , 320 269 ,320 BONDS $160 ,000 PAY OFF 6/01/2006 1972A NTMWD COMPACT 4 . 75 - 5 .0 75 ,000 15 ,750 90 ,750 72B FUNDS $60 ,000/110 ,000 (PAID OFF) 1988 NTMWD (WATER 7 .60 1 ,945 ,000 1 ,713 ,115 3 ,658 ,115 DEVELOP BONDS) SEWER PLANT $2,000 ,000 TOTAL WATER & $2 , 670 ,000 $2 ,296 ,711 $4 ,961 ,711 SEWER BONDS 1980 C.O. ' S 7 .75 - 8 .50 30 ,000 3 ,825 33 ,825 PARK IMPROV. $130 ,000 PAY OFF 7/15/92 1986 GENERAL OBLIGATION 7 . 0 30 ,000 1 , 050 31 ,050 EQUIPMENT NOTES (PUBLIC SAFETY) $135,000 PAY OFF 2/15/91 1986 GENERAL OBLIGATION 7 .72 1 , 665 ,000 1 ,224 ,984 2 ,889 ,984 BONDS (CITY HALL) 10 .25 - 7 .25 $1 , 800 ,000 PAY OFF 2/15/2006 1988 PUBLIC PROPERTY 7 .0 265 ,000 29 ,369 294 ,369 OBLIGATION 6 .25 - 7 .25 EQUIPMENT BO-MAG $400 ,000 PAY OFF 2/15/93 1988 C. O. ' S (TAX & 7 .45 - 6 .65 185 ,000 69 ,506 254 ,506 WATER) (UTILITY/R.0.W. ) PAY OFF 2/15/99 1988 C.O. ' S (TAX & 8.45 1,245, 000 1 ,170,986 2 ,415 ,986 WATER) 8 .0 - 10 .75 STREETS & SEWER LINES PAY OFF 2/15/2008 TOTAL GENERAL OBLIGATION $3,420 ,000 $2 ,499 ,720 $5 ,919 ,720 GRAND TOTAL OF WATER & SEWER $6,090 ,000 $4 ,796,431 $10 ,881,431 & GENERAL OBLIGATION 1/23/90 NEW ISSUE 1990 C.O. ' S 7 .09 $3,500 ,000 $3 ,197 ,700 $6 ,697 ,700 (TAX & WATER) 9 .5 - 6 .9 (SEWER, LANDFILL SERVICE CENTER PAY OFF 2/15/2000 TOTAL $9 ,590 ,000 $7 ,994 ,131 $17,579,131 24, MEMORANDUM DATE: December 28, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager 441110>i RE: Discuss and Consider 1988 ertificates of Obligation and the Assessment Street Program and Consider Assessment List of Payments and Nonpayment In 1988 $1 ,275 ,000 worth of bonds were issued backed up by assessments to property owners for major street construction . There were 56 property owners assessed which totaled $198 ,887 . 83 . To this date only 13 property owners have paid their assessment for a total amount of $83 ,011. 45 leaving a balance to be collected in the amount of $115,876. 39 . The City of Wylie is making every effort to collect these assessments . The City of Wylie is not permitting transfer of property till the assessments have been paid . Attachment : Assessment List j.I t‘ i v SI 1, t•, 1 RECORD OF PROCEEDINGS ',,r RELATING TO T,' $1 , 275 , 000 Y TAX AND WATERWORKS AND SEWER SYSTEM ,'4 �. LIMITED PLEDGE REVENUE x,> CERTIFICATES OF OBLIGATION ,:,0 SERIES 1988 i DATED MAY 15 , 1988 Y; `t"' .s. Issued by {f fit; 3> ; CITY OF WYLIE I.fir,,. J,i:-. COUNTY OF COLL I N t„ STATE OF TEXAS0 . ,1, �'.; Fulbright & Jaworski Attorneys at Law f'r ft}�s• �� 2200 Ross Avenue, Suite 2800 1 ,4 Dallas , Texas if.PY 75201 Iii,q4,*: " } r Ak : G} • 2 • /1 (| � � ^ �/� � � � � City n[ N/11.` n ' Qrept A=spOTments Kec�ivable O . �� Shept Reconstruction Fund For the Yeav Ending Septpmher 30, 1909 Assessment r|ame Assessment Payment _Receivable -ed-' - - - -- ------------------'-'----��/�--- 0 00 1 ,360,�o '�rRo/n / ,� ` ^ Virohnip Foo& � Catharine Frey 10,218.00 1o,218.00 0.00 1 05V V0 1 ,050.0() 0.00 Jam*E R|ake/y , . 77( 0o Foster A.0@ 770.�� 7��stos ,, ^ Pennie Blakely V.p0 1 ,050.00 U. V. 1 050 00 0.00 1 ,050.00 , , Justus Melvin K` 9t` 71600 0,00 716.00 John . 1 ,226.02 0.00 1 ,226.02 Cir|/ard Hr�schman 1 ,371.7P 0.00 1,371 .72 Glyn UrDormno 11 ,371 .7P 0.00 1 ,371 .72 Harold Dpni�l Harlan 1 ,371 .72 0.00 1 ,371 .72 H 8opton ' 1 371 72 1 ,?71 .72 0.00 Lewis P/�odes , . 1 371 72 /� ��.00 1,371 .77 Al /�� /;. �'e/ �� , , ~ . /.~~ , 0 A0 1 371 72 L .Georqr | Piper 1 ,371 .72 , , . 1 371 72 0.00 1 ,371.�P ��ry Throm�n ' `Tpmes A. Feivm' 1 ,371 .72 0.00 1 `371 .72 William D. Dudley 1 ,226.8P 1 ,226.82 0.o0 694 ;regcry MApes 90 0.00 634.99 , Gregory |1apel 1 ,088.40 . 0.;0 1,08B.40 Melvin St , John 2,517.74 0.00 2,517.74 910.00 910 00 0,0A Melvin S\ , John , Harold McMpkin 91A.(10 910.00 Church of Christ 2,611 .09 2,611 .89 0.0f) Uylip Middlm School 11 ,065.40 11 ,065.40 0.00 Sovthploce Partners 2,779.05 0.00 2,779.05 So'/th"l*ce Partners 2,266, 14 0.00 2,266, 14 �53 50 453.50 0.00 | ,ne S�ar Ga� ^ - 3 673 35 0 00 3,6?3.35 ^ Scuthp] *ce Partners , ' ' South ON Fire Station 1,995.40 1 ,995.40 0,00 Td�hnls �. St. John 1 ,315. 15 0.00 1 ,315. 1� ' 9,603.52 9 683 52 0.00 Texas Land Corporation , . ' 0� 1 ,650.0 1 ,650.00 0 0 U G. Wright , First 4�s�mh1y of �God 12,702.00 0,00 12,702,0@ ' 3,000.00 0 0V 3,0�0.0o U�r A. B�}es . Cecil H. B*rdin 3,000.00 0.00 3,000.00 Finkjq Dardin t O Price 3,000.00 ,1� 0.00 3,000.00 Carl H. Peacock -/j/ Who1 ,650.00 �>��0.00 1 ,650.0) 9�pve C `ryer ' 1 ,500.00 0.00 1 ,500.0/) QrIcn Hai tin 1 ,500.00 ().00 1 ,500.0o Tommy 9rhu]t7! 1 ,5[«).00 0.00 1 ,500.00 Tndwpndent Bank of Wylie 21 ,929.60 0.00 21 ,929.60 HO\p Is!) 9,363,20 9,363.20 0.00 , Hartman 41ementary School 3202R,00 321322.00 0,00 94=phen L. Goodman 10,524.69 0.00 10,524.69 Pegg 1 �� City of Wylie 9trert 0sgeosment= Recpivable 9trpet Ppconntn/cti^n Fund Fm the Year Ending September 30, 1989 Assessment Name Assessment Payment Receivable iAr— ��\�/��-----——�� -- - -�-�� ry / ,`^,^"" , '~'^`` ' John P. Klkpr 1 ,650.00 0,01 1 ,650.00 Gary E. Ludw/q 1,650.00 0.00 1 ,650.00 _ Timothy Williams 1 ,050.00 0.00 1 ,050.00 Joyce rice 1 ,050.00 0.00 1 ,050.00 Willis P. Jolly 1 ,650.00 0.00 11650,00 Caudell Honzingn 1 ,650.00 0.00 1 ,650.00 [nony SchultF 1 ,500.00 0.00 1 ,500.00 Parry Tibh*ls 3,300.00 0.00 3,300.0U Jnrretta Rrannen 1 ,650.00 0.00 1 ,650.00 Jessee Ladd 4,950.00 0.00 4,950.00 A. D. Boyd 1,650.00 1 ,650.00 0.00 City of Hy] ip overpaid 4.60 4.60 Tria] hn]aoce .lYH��/ __.....U� % of revenue tested 41 .74% ^ Page 2 ^ ' �� FIRST EottauveotCOMPANY INVESTMENT BANKERS 500 FIRST CITY CENTER 1700 PACIFIC AVENUE DALLAS, TEXAS 75201 DAVID K. MEDANICH 1214) 953.4000 VICE PRESIDENT July 5, 1988 Mr. John Pitstick City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Re: $1,275,000 City of Wylie, Texas Tax and Waterworks and Sewer System Limited Pledge Revenue Certificates of Obligation, Series 1988 - Sale and Rating Dear John: On May 23, 1988, the City offered for sale at public bid its Certificates of Obligation, based on a "Baa" rating from Moody's Investors Service, Inc. and a "BBB" rating from Standard & Poor's Corporation - both ratings being the minimum investment quality rating that each rating agency assigns for the issuance of municipal debt. Prior to the sale of the Certificates, pursuant to a recommendation from First Southwest Company and a request by the rating agencies, Officials from the City, as well as a representative from First Southwest Company, attended rating meetings to explain the finances and the economy of the City of Wylie in an effort to maintain the ratings that had been previously assigned. As we have informed the City, the rating of Moody's was left intact at "Baa", however, there was a great deal of concern regarding the City's finances, and the rating of Standard & Poor's was dropped two steps from an "A-" to a "BBB". As a result of the concern expressed by the ratings, as well as our own, we felt the City should be made aware of the areas in question as well as the reasons the ratings of the City of Wylie have deteriorated. First, the City of Wylie is located in a dramatic growth area which will result in the City having to make more capital improvements in the future, which will result in the increase of expenditures for operation and maintenance as well as the issuance of debt to fund its capital needs. When a city finds itself in the developing mode, it experiences increasing water and sewer rates as well as tax rates as a city's needs for a service normally come in advance of its ability to pay for those services. One of the major areas of concern by the rating agencies is not how high the rates are, but is the city willing to levy taxes required to pay for current and future operations expenses and debt 3 '. FIRST 5'0GGf�GUP.�SL� COMPANY associated with such growth. As a result of the City's tax rollback, it leaves a • question as to whether the City will be able to pay its operating expenses, maintain its facilities, and pay its already existing debts. With the City experiencing operating losses in Fiscal Years 1986 and 1987 and a negative General Fund balance of $227,677 in 1987, this adds further to the concern of where the City will obtain funds to offset the shortfall, and will this philosophy continue in the future? Also, other areas of concern are the projected issuance of debt for future sewer collection system and the City's landfill. In summary, although it is not always popular, the City must maintain rates and charges sufficient to fund each system on its own. Tax rates should be levied to support the general fund, water rates for the water fund and sewer rates for the sewer fund. We have also included for your review a copy of the Moody's Municipal Credit Report in regard to this issue. Should you require any additional information, please call. Sincerely, David K. Medanich DKM:dp Enclosure copy to: Mr. James Johnson Director of Finance 32. CITY OF WYLIL 2001 HWY 78 N-P.O.BOX 428 WYLIE,TEXAS 75098 July 19 , 1988 RE: Ordinance for Assessing Property Owners Abutting S. Birmingham and Stone Streets Dear Citizen: At the City Council meeting of July 12 , the above mentioned ordinance was passed with a Ninety day payout with no interest, a three year payout with 8% interest, five year payout with 8% interest or an Six year payout with 8% interest and a clause added to the certificates "Non- Transferable" . The City Attorney has informed the City Staff that State Law will not allow the phrase "Non-Transferable" to be added to the certificates. I am enclosing a copy of the City Attorney' s letter regarding this matter . Please note that it has never been the policy of this City to transfer these certificates and it has never been a policy to foreclose on property. However , the current City Council cannot make these certificates "Non-Transferable" under State Law. The City intends to work with all property owners in allowing several means of payment and has no intentions of transferring the assessment certificates . If you have additional questions , please contact the city staff at 442-2236 . Sincerel ,y.i) ) thd John Pitstick, City Manager JP:cj Enclosure 33 . SALLINGER. NICHOLS. JACKSON. KIRK & DILLARD •Lrw[O 5•I..NG[w Formerly Saner. Jack. Sallinlrrr & Nichols! ONN •!EwCE iwliFtN _JUGS ♦r_ors .Attorneys & ! •iunseior+ At Law •ww[NCE PO .•C•SON , (fin 7•v0 M sEw•••N -n+ AMA K L:RCnIR ��aZa ♦ONN • /OENa .Ss wosut _.�, ,•wo m 410 TN. .'tkaru sNUCC •.s.00K*wO w09Ewt 1 .E..F,.4- Dallas. l e<a5 �.1�'1�1 S•NO•l CUDANIC aoe[w• -.AGE* =131 9$a :1:1:;:{ +.N weSOIG .lN•w0 n'Ea :. lupe. Facsimile 2141 :!id .1334 woN o�c�•cowo aOBERt :.DELL AAD. .w. JF -:OUNSEL July 13, 1988 Mr. John Pitstick City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Re: July 12, 1988, City Council Meeting Dear John: I want to clarify several statements I made last night which may have mislead or confused the Council concerning the proposed assessment ordinance. Under Article 1105b, (6) (b) the City has the power to issue in its name as signable certificates in evidence of assessments levied against property owners. As I informed the Council, the present Council cannot put language in an ordinate which will bind a future Council's actions. In particular, the present Council cannot put language in the assessment ordinance stating that the City will not foreclose on the assessment lien against the property owners. Further, it is also true that a city will not be able to put language in the ordinance to make the certificates non-transferable or non-assignable for the same reason in that it would be binding a future council's actions. The whole purpose of the assessment fee is so that the City can acquire and receive money to make these improvements. I believe Councilman Messenger requested that the ordinance provides that the certificates will be non-transferable. This language cannot be included and must be taken out of the ordinance. Secondly, the lien the City has against the property for the assessments cannot be enforced and foreclosed upon property designated as a homestead. Councilman Akin had a question whether the City could foreclose against a homestead Article 16, ?50 of the Texas Constitution does not provide that an assessment lien on a homestead can be enforced or the property be sold to satisfy this lien. However, it is the property owner's burden to prove the property is his/her homestead. This information needs to be relayed to the citizens so as to alleviate their fears that their homestead will be taken away from them by the City. • • 3 . MEMORANDUM DATE: December 26 , 1990 T0: Mayor and City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider Spe ial Audit Report On 1990 $3 , 500 ,000 Certificate of Obligations for Sewer Lines Construction/ Landfill Closure/Service Center , Animal Shelter Relocation and Audited Balance 1990 $3 ,500 ,000 Certificate of Obligation Issuance A) Three (3) Sewer Lines Construction Estimated Cost $2,000,000 Sewer Line #1 $ 745 , 374 .25 Contract Sewer Line #2 $ 913 ,653 . 32 Contract Sewer Line #3 $ 294 ,000 . 00 Contract Total $1 ,953 ,027 .57 * Balance December 26 , 1990 $ 411 ,000 Newport Harbor Cost (Pending) $ 294 ,000 Final Payments (Pending) Sewer Line (1) and (2 ) $ 165 ,000 Negative balance left after (3) sewer lines paid off , of the original $2 ,000 ,000 - approximatley $48 ,000 . 00 B) Landfill Closure/Service Center/Animal Shelter Relocation $1 ,500 ,000 allocated to relocate Service Center and Animal Shelter . $1 ,500 ,000 (C.O. ) Part of $3 ,500 ,000 Balance as of December 26 , 1990 $1 ,497, 113 $1 ,497 ,113 48 ,000 Negative Balance on three (3) Sewer Lines $1 ,449 , 133 Money left over to close landfill $1 ,449 , 113 *Does not include Engineering cost on all three projects . All interest on the original Bonds went back into the account . 35. OUTSTANDING BONDS AS OF SEPTEMBER 30 , 1990 YEAR OF ISSUE INTEREST % PRINCIPAL INTEREST TOTAL 1971 WATER & SEWER 4 . 50 - 6 .625 $145 ,000 $ 35 ,776 $180 ,771 REVENUE BONDS $300 ,000 PAY OFF 6/01/96 1980 WATER & SEWER 8 .50 - 9 .0 360 , 000 402 , 750 762 ,751 BONDS WATER TOWER INTEREST PAYMENTS ONLY UNTIL 6/01/97 $400 ,000 PAY OFF 06/01/2005 1986 WATER & SEWER 8 .40 145 ,000 129 , 320 269 ,321 BONDS $160 ,000 PAY OFF 6/01/2006 1972A NTMWD COMPACT 4 . 75 - 5 .0 75 ,000 15 ,750 90 ,75 72B FUNDS $60 ,000/110 ,000 (PAID OFF) 1988 NTMWD (WATER 7 .60 1 ,945 ,000 1 ,713 ,115 3 ,658 ,11 DEVELOP BONDS) SEWER PLANT $2 ,000 ,000 TOTAL WATER & $2 , 670 ,000 $2 , 296 ,711 $4 ,961 ,71 SEWER BONDS 1980 C.O. ' S 7 . 75 - 8 .50 30 ,000 3 ,825 33 ,82 PARK IMPROV. $130 ,000 PAY OFF 7/15/92 1986 GENERAL OBLIGATION 7 .0 30 ,000 1 , 050 31 ,05 EQUIPMENT NOTES (PUBLIC SAFETY) $135 ,000 PAY OFF 2/15/91 1986 GENERAL OBLIGATION 7 .72 1 , 665 ,000 1 ,224 ,984 2 ,889 ,98 BONDS (CITY HALL) 10 .25 - 7 .25 $1 , 800 ,000 PAY OFF 2/15/2006 1988 PUBLIC PROPERTY 7 .0 265 ,000 29 ,369 294 ,36 OBLIGATION 6 .25 - 7 .25 EQUIPMENT BO-MAG $400 ,000 PAY OFF 2/15/93 1988 C. O. ' S (TAX & 7 .45 - 6 .65 185 ,000 69 ,506 254 ,5E WATER) (UTILITY/R.O.W. ) PAY OFF 2/15/99 1988 C.O . ' S (TAX & 8 . 45 1,245,000 1 , 170 ,986 2 ,415 ,9E WATER) 8 .0 - 10 . 75 STREETS & SEWER LINES PAY OFF 2/15/2008 TOTAL GENERAL OBLIGATION $3 ,420 ,000 $2 ,499 ,720 $5 ,919 ,7; GRAND TOTAL OF WATER & SEWER $6, 090 ,000 $4 ,796 ,431 $10 ,881,4: & GENERAL OBLIGATION 1/23/90 NEW ISSUE 1990 C. O. ' S 7 .09 $3 , 500 ,000 $3 , 197 ,700 $6 ,697 ,7L (TAX & WATER) 9 .5 - 6 .9 (SEWER , LANDFILL SERVICE CENTER PAY OFF 2/15/2000 TOTAL $9 ,590 ,000 $7,994 ,131 $17 ,579 , 1. 34 _ 1 ' Exhibit E-6 City of Wylie, Texas Utility Enterprise Fund Comparative Statements of Cash Flows For the fiscal years ended September 30, 1990 and 1989 1222 Cash flows from operating activities: Cash received from customers $1,879,300 $1,642,061 Cash paid to suppliers for goods and services (974,673) (783,577) Cash paid to employees for services (397.387) (339.973) Net cash provided by operating activities 507.240 • 518.511 Cash flows from non capital financing activities: , Net borrowings (repay- ments) under interfund loan agreements 23,831 (77,439) Operating transfers in from other funds 32,093 0 Operating transfers out ' to other funds (185.750) (85.759) Net cash used in noncapital financing activities (129.826) (163.198) • Cash flows from capital and related financing activities: , Proceeds from sale of 7.n0o.on0 200.000 (3, S�-w at .tw.i, Acqu s t on and construction of. capital assets (1,881,466) (1,332,173) Principal repayments - revenue bonds (40,000) (25,000) Principal repayments - capital leases (33,410) (25,073) Interest paid on revenue bonds and capital leases (83,211) (87,488) • Capital contributed by subdividers 116.71( 1.174.89a Net cash provided by (used in) capital and activities 78.627 (94.842) Cash flows from investing activities: ' Purchase of investments (91,012) (230,336) Interest on investments 113.801 \� 30.437 Net cash provided by (used in) investing activities 22.789 (199.899). Net increase in cash and equivalents 478.830 60.572 37. Exhibit D-14 City of Wylie, Texas Landfill Closure Fund Comparative Statements of Revenues, Expenditures, and Changes in Fund Balances For the fiscal years ended September 30, 1990 and 1989 1990 1989 Revenues: Interest $ 55, 940 $0 Expenditures: Current: Public works: Planning and engineering 43 , 361 0 Excess of revenues over expenditures 12 . 579 0 Other financing sources (uses) : Operating transfers out: Landfill Improvement fund (31, 090) 0 General obligation bond proceeds 1, 200. 000 0 Total other financing sources (uses) 1, 168, 910 0 Excess of revenues and other financing sources over expenditures and other financing uses 1, 181, 489 0 Fund balances, October 1 0 0 Fund balances, September 30 $1 181 489 $0 • --g / / ?/ , �0 9/ ma`s' / •�-�O`! f The notes to the financial statements are an integral part of this statement. 3S. Exhibit D-15 City of Wylie, Texas Service Center/Animal Shelter Fund Comparative Balance Sheets September 30, 1990 and 1989 1990 1989 Assets Investments $302,422 $0 Fund balances Fund balances: Unreserved, undesignated $302, 422 $0 Exhibit D-l( Comparative Statements of Revenues, Expenditures, and Changes in Fund Balances For the fiscal years ended September 30, 1990 and 1989 1990 1989 Revenues: Interest $ 14, 012 $0 Expenditures: Capital outlay: Public works 11. 590 0 Excess of revenues over expenditures 2, 422 0 Other financing uses: General obligation bond proceeds 300, 000, 0 Excess of revenues and other financing sources over expenditures 302, 422 0 Fund balances, October 1 0 0 Fund balances, September 30 $302 , 422 $0 3 e 45; .1/0>-- yz ein) The notes to the financial statements are an integral part of thi statement. • 39 • ' . � ' ' � �J ' . . / ` � � � ` � | � � � - ' � __----- ^ _-_-'- '-- ---_ - ' . ^ . � I / 7 • • .-2 Tlwa, el:R•rriTiciTf0 . . _ /-91,14S18 to L.9 '0'90 t.ti:Pi hail-614c sit- 1.S-6)--IT -civg C.-111.5- o-as000.to22r.; 11 '591 (6702 2,9' “-z LI rh-CT`rrer 81,--Tbgt-z I V/ VV zig 2o ic 7730 2 floE 6‘,' ogp , hb ei 32 17't o 'Ids ', • - 00-000'9 - • -4- • xra '9,9 9.5 bez rhos gv '5'111 100 2 1------TfirLeg r .-EY1J7 lie 1198 92. + 2/.&172-2172- Bric;,60-18/ - TrZ Tii-5.519-ICE1-leg: 03'11212-02 ". („hz U117- OreloP-47tei 99 1981.16S1 - - - 0 .0 4;;Ei4tiii - .98 '/..h ;1. ..440-1-1 Qg'ir -tied e. o-2 4/--slw.gb-ro 1- • 2372377— • --Tefirse • ri5,2 g b ivz+, os t..' 6-e'iy5ot 0 -A •h-2 b+) 1°32 ,eb . i-zsi 11 5Z olyb fith • .9- g • g2 11h511 19 1 'Z'19 og 7 f `6Scriooa Z-17"-erd74-1-0 I • e _4- 4712-171------ b2 h -7r-ira-rif f2 ir lc;a-c-). 7-6(7-05 o '006 Oo4. 00100010e'lt1 0 00 ia0ariaelrf` r))ti-Lir2 u dti ITV r-4L'l -1-t-s 0 00—c-a•495 . 0). 'is 0 100 0 3nieFed----1-7)1ah — al; 7-F122 oc 0 141 VV co 0'IcA:02 5 . ; rren C70- 67 a--3.ura 9 0/ 7/. (e9,5-04 . (9.9 q) -�-'_g1__ C50,b > 1T mom -a_. Ftirr.a t ? I, 634 9as?,74 .) 7 Z ob(2,h7 30 .7 4.Lac, 4 o „$ly,5,2_.___ 1m i14, 8 . 348. 4 Z 0•cl q,, 1 5 50 joi9,S� i .50i 4zali 3013 86z,o5L-.. _3.0k01_0_ om.ov____ - "?)4z,813,74 - 3421875,.E 7/ / 1 t zmz 834,83 I , 160,,,4_Z-S,ct,I ; 30, 86Z,s'Z _-_6_11, I z' ZCo Tp -Part-__ .C2/4.1 ---__ -- • 19n1X!EiP_ C6 i• Llu r- 0 0 A.) 774:a46_1_,) 0-113-12Rdc ,_I3 6,7, 1 6,3,b.s S5,Goo O,cD 0 _ ---- -------•----'ugmlo iLAP 3, 1,15 kvv imp o -.- ----4 443f, 5 -- -- - _ - 1 5 0 -. � - goZ,'lz3gp u tir CkiAu -8 _2t3,.4GL _ 5; 004.0 .. l,uitem.,ar___ + 5_ '‘0_8-,73__._ .y.z�R9.1 _ __--._ f 8_&•_4i . __._-- _t.__9..9,- Sa._l6 ._ Torsi._ott_ _'7.:i_79,Z, 166.17 --1 q, 71, mq 4- 8, $6z,6-2, _ -:442zr81 Ile/ _ 7/13-_, Li _:... _____ - 713---I_ -4.0 I,--Z�7, . 8 . - 1,1 So`aiia_L__- 312.8,14_L.5:,i:_-____4,6` 7,_[ i_4_ _ 16 AL WV 'I' - --1 .Z4, B?8,94 1, 187, 481.04 -310,632,02- z, 71 ) oom, oc alb wlV - 3Qo; 648, 6z -- o - !/, SQo• 14 - HOZrZ38. 7(0 � 3/ lei` 82(1_Z3D, 3z_.------ 08 7Lµ89,oq __ ,39t-o_yl, 8a-___ 2,_3 iz,_7 42.1._ . _cr tuorpt IZ> tL . q7/1/qo # IS'f,z4 + 8 s61o.7Z, +' 4,LL3,8o 74----- /l 2M Z 2,384 4 1 194 7 n�j gill w 7 ` z./ 34 ) bra. I " d 5�9 z >3'II y3 , AirtiagerALL Z is b ✓'m. 1 ' , /e, 7 O/ /00. 0 b ` I. GS' .--- -it+1L ... f q35, 'l 77_3 ,5/3..,za . , , f,a 40743:V73 ►3D3�, • /7 _ 4,20r&aa_ - lofictigo... -- 1/3,�4 7, --/ `0ek a, -- a, .0 3. j94- fi 1 t lao 0 --.--..- ____42gg ...' 42. 17 5ttJaitti ( ( .. th • c1. t 'I07 + `_. ' ' j bR ' V I. t '� ' S ( .tAt et) 0 C ' S'q o'er '`o,� �� \.1 , `` MEMORANDUM DATE: December 26, 1990 TO: Mayor and City Council • FROM: Bill Dashner, City Manager 4,,,,. RE: Discuss and Consider Balan e in Account for 1988 Certificate of Obligations in the Amount of $1 ,275 ,000 Which is Street Reconstruction Fund Account In 1988 the City Council issued $1 ,275 ,000 worth of bonds . Of this amount approximately 700,000 was used to do, through the assessment method, Birmingham Street , Ballard Street and Callie Court . These bonds were issued and were suppose to be partially paid back through assessments on the effected property owners ($198 ,887 ) . However , as you will note the assessments are not being collected . There is a strong indication that the assessment may not have been handled properly. The City is continuing to bill and collect for these assessments but the property owners are not responding . Some of the assessments were paid on the City' s first billing. Only about thirteen (13) of the assessments have been paid . There were 56 property owners assessed . The remaining portion of this bond money was used for water and sewer improvements and engineering, approximately $575 ,000 . Debt service on this $1, 275 ,000 of bonds has been absorbed by general City revenue. At the close of business on September 30 , 1990 the City had in the Street Reconstruction Fund account $133 ,553 . This account has absorbed the eight (8) major street programs the City has been working on . As of December 26 , 1990 there is a balance of $27,903 in this account . As you know Akin Lane is being done with $45 ,000 Perimeter Street Funds and the balance in this account . Exhibit D-3 City of Wylie, Texas Street Construction Capital Projects Fund Comparative Balance Sheets y4 4,4 September 30, 1990 and 1989 ( /-2- - 1990 1989 Assets Cash $ 77, 175 $ 76, 182 Investments 0 100, 457 Receivables (net of allowances for uncollectibles) : Street assessments 56, 378 115,877 Total assets $133 , 553. $292, 516 Liabilities and fund balances Liabilities: Accounts payable $ 2 , 894 $ 0 Fund balances: Unreserved, undesignated 130, 659 292, 516 Total liabilities and fund balances $133, 553 $292, 516 c'7, 7o 3 (3 e'-?CP-4-1 CC) The notes to the financial statements are an integral part of this statement. 45 OUTSTANDING BONDS AS OF SEPTEMBER 30 , 1990 YEAR OF ISSUE INTEREST % PRINCIPAL INTEREST TOTAL 1971 WATER & SEWER 4 .50 - 6 .625 $145 ,000 $ 35 ,776 $180 ,776 REVENUE BONDS $300 ,000 PAY OFF 6/01/96 1980 WATER & SEWER 8 .50 - 9 .0 360 ,000 402 , 750 762 ,750 BONDS WATER TOWER INTEREST PAYMENTS ONLY UNTIL 6/01/97 $400 ,000 PAY OFF 06/01/2005 1986 WATER & SEWER 8 .40 145 , 000 129 ,320 269 ,320 BONDS $160 ,000 PAY OFF 6/01/2006 1972A NTMWD COMPACT 4 . 75 - 5 .0 75 ,000 15 , 750 90 ,750 72B FUNDS $60 ,000/110 ,000 (PAID OFF) 1988 NTMWD (WATER 7 . 60 1 ,945 , 000 1 , 713 , 115 3 , 658 , 115 DEVELOP BONDS) SEWER PLANT $2 ,000 ,000 TOTAL WATER & $2 , 670 ,000 $2 , 296 ,711 $4 ,961 ,711 SEWER BONDS 1980 C.O. ' S 7 . 75 - 8 .50 30 ,000 3 ,825 33 ,825 PARK IMPROV. $130 ,000 PAY OFF 7/15/92 1986 GENERAL OBLIGATION 7 . 0 30 ,000 1 ,050 31 , 050 EQUIPMENT NOTES (PUBLIC SAFETY) $135 ,000 PAY OFF 2/15/91 1986 GENERAL OBLIGATION 7 . 72 1 , 665 ,000 1 , 224 ,984 2 ,889 ,984 BONDS (CITY HALL) 10 .25 - 7 .25 $1 , 800 ,000 PAY OFF 2/15/2006 1988 PUBLIC PROPERTY 7 .0 265 ,000 29 ,369 294 ,369 OBLIGATION 6 .25 - 7 .25 EQUIPMENT BO-MAG $400 ,000 PAY OFF 2/15/93 1988 C. O. ' S (TAX & 7 .45 - 6 .65 185 ,000 69 ,506 254 ,506 WATER) (UTILITY/R.O.W. ) PAY OFF 2/15/99 1988 C.O. ' S (TAX & 8 .45 1, 245 ,000 1 , 170 ,986 2 ,415 ,986 WATER) 8 .0 - 10 . 75 STREETS & SEWER LINES PAY OFF 2/15/2008 TOTAL GENERAL OBLIGATION $3,420 ,000 $2 ,499 ,720 $5 ,919 ,720 GRAND TOTAL OF WATER & SEWER $6 , 090 ,000 $4 ,796,431 $10 ,881,431 & GENERAL OBLIGATION 1/23/90 NEW ISSUE 1990 C.O. ' S 7 .09 $3,500 ,000 $3, 197 ,700 $6 ,697 ,700 (TAX & WATER) 9 .5 - 6 .9 (SEWER, LANDFILL SERVICE CENTER PAY OFF 2/15/2000 TOTAL $9,590 ,000 $7,994 , 131 $17 ,579,131 t"f4 . MEMORANDUM DATE: January 3 , 1991 TO: Mayor and City Council FROM: Bill Dashner , City Manager M„ Altsam RE: Mr . Gilbert Welch Has Requested An Appeal On Denial of His Claim For $35 , 328 For Sewer Line Easement Sodding In 1989 After The City Had Paid Mr . Welch $4 , 024 For Easement Rights . See Attachments Which Includes Land Value Appraisal 417. re tAi CITY OF WYLIL 2000 HWY.78 N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 • John Akin Mayor December 19 , 1990 Don Hughes Mr . Gilbert Welch Mayor Pro-Tern 501 Lake Ranch Wylie, Texas 75098 William Martin City Council Dear Mr . Welch, This letter is to inform you that the Wylie City Council on December 11, 1990 in official action rejected your $35 ,328 Pat Stemple claim against the City that you issued in a letter dated City Council November 27 , 1990 . However , the City Council approved a $5 , 500 cost figure that will seed the easement area where the sewer line was placed. This seeding will be done in compliance with soil conservation guidelines . If you have questions or other Steve Wright concerns about this matter please contact Mr . Paul Beaver of City Council my staff . Sincerely, • Percy Simmons A.44 11.44444 • City Council Bill Dashner City Manager BD/ac ChuckWible cc: Paul Beaver , City Engineer City Council Carolyn Jones, City Secretary Bill Dashner City Manager 48. Description I 4 1,4)11 Parcel Address Permanent Teaporary Location Phone 1 Appraised Value Purchase Amount Parcel 1 Robert V. Thurmond 20' x 2555.8' 2 - 30' x 2555.8' S.F.M.H.P. 341-9300 (wk) 14,745.07 $13,500.00 • Parcel 2 J.B. Prince 20' x 631.8' 2 - 30' x 631.8' S.F.M.H.P. $ 648.23 $ 650.00 0.00 $ 1 Parcel 3 Sunbelt Savings i Loan 20' x 1759.9' 2 - 30' x 1759.9' S.F.M.H.P. 701-3333 s3,611.31 $ 60.00 Parcel 4 Valter D. Dahlberg 20' x 207.3' 2 - 30' x 207.3' S.F.M.H.P. 373-6303 (hm) $ 304.00 0.00 Parcel 5 Walter D. Dahlberg 20' x 296.9' 2 - 30' x 296.9' S.F.M.H.P. 373-6303 (hm) $ 437.00 $ 66050.00 Parcel 6 Gene Y. Newman 20' 1 331.1' 2 - 30' x 331.1' S.F.M.H.P. 596-0382 (vk) $ 487.00 $ 457.00 20' x 259.6' 2 - 30' x 259.6' S.F.M.H.P. 238-1700 (vk) $ 381.00 Parcel 7 Michael Babus $l 152.00 Parcel 8 Richard Glangiulio 20' x 522.6' 2 - 30' x 522.6' S.F.M.H.P. 328-7386 (hm) $1,152.00 $1,100.00, 20' x 389.4' 2 - 30' x 389.4' S.F.M.H.P. 699-1651 $ 859.00 Parcel 9 Jim Martin $ 798.00 Parcel 10 Lake Ranch Partnership 20' x 362.0' 2 - 30' x 362.0' S.F.M.H.P. 596-0382 (vk) $ 798.00 798.00 Parcel 11 Jo Jagoda 20' a 273.9' 2 - 30' x 273.9' S.F.M.H.P. 369-5276 $ 603.00 $4,724 , 50.00 Parcel 12 Gilbert Velch 20' x 1650.54' & 2 - 30' x 1650.54' L S.F.M.H.P. 494-3353 (wk) s4�024.00 .-D - x - x l 67 Parcel 13 J.L. Brand 20' x 1609.30' 2 - 30' x 1609.30' S.F.M.H.P. 997-5443 (vk) $1,470.90 12,750.00 * Parcel 14 Clarinda Mathews 20' x 1482.9' 2 - 30' x 1482.9' S.F.M.H.P. 969-7422 $5,984.98 $6,250.00 6,250.00 s .3 175 Parcel 15 Clarinda Mathews 20' x 766.4' 2 - 30' x 766.4' S.F.M.H.P. 969-7422 S2,8 117.3 $ 10.00 Parcel 16 TU Electric 20' x 56.0' 2 - 30' x 56.0' S.F.M.H.P. $3,733.30 $3,733.30 * Parcel 17 B.C. Vood Estate 20' x 925.0' 2 - 30' x 925.0' S.F.M.H.P. 442-2530 $ 305 s13,021.35 Parcel 18 B.C. Wood Estate 20' x 3226.3' 2 - 30' x 3226.3' S.F.M.H.P. 442-2530 = 3,021.3 $9,700.0002 Parcel 19 Jack Harvard and 20' x 1340.9' 2 - 30' x 1340.9' S.F.M.H.P. 985-8500 (J. Harvard) i.rry Hoatland. Trustees `• , SiLf A :a • t' APPRAISAL. SUMMARY . . OF • LAKE RANCH ESTATES LOT 5 ' LOCATED ON THE SOUTH SIDE OF LAKE RANCH ROAD • WYLIE, COLLIN COUNTY, TEXAS • • • • • • • f PREPARED FOR CHARLES NORWOOD, CITY MANAGER CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 • • • • BY • TOM R. LANE, SRA/SRWA 1414 S. TENNESSEE SUITE 2B MCKINNEY, TEXAS 75069 • CHAD L. CAMPBELL • JOHN C. LLOYD 1414 . S. TENNESSEE • 1414 S. TENNESSEE SUITE 2B •. . SUITE 2B MCKINNEY, TEXAS 75069 MCKINNEY,, TEXAS 75069 • OCTOBER 3, 1989 .)-'� . APPRAISAL SUMMARY Parcel Name (Owner) ri 1 hart- Welch, location of Property S/S of Lake Ranch Road IProject Name Wy1iefiewer Project Frontage Lake Ranch Road IPermanent Sewer Easement $ 3,064 Temporary Construction Easement $ 960 IDamages -0- ICertificate of Appraisers We hereby certify: That it is our opinion that the total compensation for the acquisition of the herein Idescribed property is $ 4,024 as of August 3, 1989 based upon our independent appraisal and the exercise of our professional judgment; That on August 3, 1989 (date) (s), we personally inspected in the field the property herein appraised. I C ' I Io /v Y Date Signature I f ATTACH ALL PERTINENT PIUIDGRAPHS Parcel Name (Owner): Gilbert Welch Location of Property: S/S of Lake Ranch Road i, Taken by: JCL, CLC, and TRL 1: Point fran which taken - North Looking - South at subject property . • ....r. y..ir,o060 .:". k • "�tiy,� Y l �1�S+:ifrYiidid' ll111ft►•UOurlYv.n+M4/ tJ 1W"15 Xh4 1J A7 lis L' ` ►i IN r R' , •' .., k!ra r s 1 52. L1ATA ON WHOLE PROPERLY Legal Description AEINGL,1.904„1acre§.01Qcated„.,1ILthe`9.W. Gunnell Sur. , Abst. 351 identified as Lot 5 in the Deed Records of Collin County, Texas Dimensions: feet x feet = sq.ft. 11.903 acres Location(Urban):Street&No. Lake Ranch Road on south side Land Grant Survey G.W. Gunnell Survey, Abstract 351 Neighborhood or Area Analysis: The subject property is located on a gravel road and is surrounded primarily by vacant land and rural residences. Most of the properties in this area are zoned for Single Family use. Several rural residential subdivisions located in this area include: Lake Ranch Estates, Presidential Estates and Newport Harbor. The few commercial properties in the area are located on either FM 1378 or FM 2514. Rural residential properties should continue to develop in the area. The commercial development in the area will be concentrated on the FM roads. Highest and Best Use, Zoning and Site Analysis of Subject Property: The subject property is zoned Single Family Residential, according to the maps provided to us by the City of Wylie. The property is located on the south side of a two lane gravel road known as Lake Ranch Road. This road runs west from FM 1378, but later jogs south. Adjacent properties to the north, east and south are improved with single family residences and/or barns. According to the maps provided to us by the City of Wylie, part of the subject property is located in the 100 year floodplain. The property has frontage and access on a small lake known as Muddy Creek Reservoir. The shape of the site is very irregular. The subject property is improved with a house and barn. Based on these factors, the highest and best use of this property is for rural residential use. COST APPROACH WHOLE PROPERTY Value Improvements Contribute to Whole Property $ 147,796* Land 518,495 sq. ft @ $ .1722 per sq. ft. $ 89,285 Estimated Value by Cost Approach $ 237,081 Furnish Comments on Depreciation Factors: * Only a general estimate of the improvements' total value was utilized, since the improvements do not appear to be adversely affected by the easement taking. The improvement values of the subject property are based on 1988 tax assessed values. 53 MARKET DATA APPROACH WHOLE E PROPERTY R Representative Comparable Sales Daniel Sarni rhauser Ronnie Ray United Ch. Retire Sale Parties to Michael [3abus to Joanie Zeeb to M. Singletary r. February 17, 1989 December 14, 1987 June 10, 1988 $ 3,722 per acre $ 4,500 per acre $ 0,000 per acre Relative $ .0054 per sq. ft. $ .1033 per sq. ft. $ .18365 per sq. ft Location Same street. as 2 1/2 miles NE of 2 miles NE of subject subject subject 11.553 acres 10.00 acres 16.613 acres 503,249 sq. ft. 435,600 sq. ft. 723,662 sq. ft. Time Similar Superior Similar Location/Frontage/ Access Inferior Inferior Superior Size Similar Similar Similar Topography Inferior inferior Inferior Indicates $ 61327 per acre $ 7 200 per acre $ 9,600 per acre or $ .1453 per sf or $ .1653 per sf or $ .2204 per sf Estimated Value by the Market Approach 518,495 sq. ft.@ .1722 per s.f. or $ 89,285 • 54. EXPLANATION OF ADJUSTMENTS Time Historically , property values have increased over time in the subject property area. Since early 1986, however, property values began to decline. This decline was sharp in 1986 and then tapered off to smaller declines in 1987 and early 1988 . Since early 1988 , prices have remained fairly stable . The following market forces are responsible for this abrupt change: ( 1 ) the restrictive lending policies of local financial institutions ( 2 ) a downturn in the state economy ( 3) a decrease in the speculative demand for raw land ( 4 ) the changes in the federal tax laws adversely affecting the tax advantages of real estate investments . Sales # 3 and # 1 occurred in mid 1988 and in 1989 , respectively. No adjustments were considered necessary. Sale # 2 occurred at the end of 1987 and is considered slightly superior for time. Location/Frontage/Access The subject property is located on the south side of a two lane gravel road known as Lake Ranch Road. This road runs west from FM 1378 , but later jogs south. Lake Ranch is a rural residential subdivision located north of Wylie. Lake Ranch Road wraps around the subject which gives it good frontage and access in two places. Also, the subject is adjacent to a rural subdivision known as Presidential Estates. Sale # 1 is located on the west side of Lake Ranch Road, several lots north of the subject. This sale is considered inferior for location, frontage and access due to the subject 's large amount of road frontage. Sale # 2 is located on the south side of Aztec Trail , approximately 3/8 of a mile north of FM 2514. Aztec Trail is a white rock gravel road. The location of sale # 2 , north of Wylie and close to Allen, is considered inferior to the subject. Sale # 3 is located on the south side of FM 2514 , north of Wylie. The asphalt frontage and access of this tract is considered superior to the subject. 1 1 1 • • • 5 S• EXPLANATION OF ADJUSTMENTS (CONT' D) Size The size of a parcel of land has an impact on unit value. The market tends to pay a premium on smaller tracts of land because smaller tracts are generally more marketable and require a smaller down payment. In addition to this, the market has a tendency to place a volume discount on larger tracts of land. The acreage of the subject property is 11 .903 acres or 518 ,495 sq. ft. The comparable tract sizes are as follows : Sale # 1 - 11 .553 acres or 503,249 sq. ft. Sale # 2 - 10 .00 acres or 435 ,600 sq. ft. Sale # 3 - 16 . 613 acres or 723,662 sq. ft. All of the sales are considered to be similar in size to the subject. Topography The topography of a tract of land can have a significant impact on value. Tracts with excessive floodplains, few trees or streams, adverse soil conditions, and rough terrains are generally less valuable. Conversely, tracts with excellent views, some trees, a small stream, tillable soil , and minimal floodplain are more valuable. The subject property has a small amount of floodplain, but with a large area of upland along the road frontage. Also, the tract has good frontage on a small lake. Sale # 1 is mostly floodplain, but with a small area of upland along the road frontage. However, the tract has little frontage, and difficult access to a small lake. This sale is considered inferior to the subject for topography . Sale # 2 has rolling terrain with trees, brush and a small pond. The tract has little or no floodplain, except for the pond. This sale is considered inferior for topography due to the subject' s lake frontage. Sale # 3 has rolling terrain and no floodplain. This sale is considered inferior for topography due to the subject 's lake frontage. Conclusions The adjustments for the comparables utilized were for time, location/frontage/access, size and topography. The sales , except for sale # 2 , occurred in mid 1988 or in 1989 . 54 . FINAL ESTIMATE OF VALUE Reconciliation of Approaches of Value: COST APPROACH $ 237,081 MARKET APPROACH NOT APPLICABLE INCOME APPROACH NOT APPLICABLE The Cost Approach was the only appropriate approach to value because (1) land values could be determined by analyzing comparable unimproved land sales in the area, and (2) a general estimate of the improvements was utilized. Easements: Existing easement(s),if any,which is not to be extinguished in purchase of the fee: No unusual or dve eteasements were noticed upon inspection of the property pr platss,which wereorovided to us by the City of Wylie. Effect of such easement(s) on the value of the fee: None Estimated Value of Whole Property, subject to above easement(s), if any $ 237,081 Total $ 237,081 VALUES OF COMPONENT PARTS - WHOLE PROPERTY Total Contributory Value of Improvements $ 147,796 * Contributory Value of Land $ 89,285 Total as a Unit $ 237,081 Total $ 237,081 * Only a general estimate of the improvements' total value was utilized, since the improvements do not appear to be adversely affected by the easement taking. The improvement values of the subject property are based on 1988 tax assessed values. 57. DAM ON PARTIAL TAKING Dimensions: x = sq.ft./acres Fee x = 35,586.80 sq.ft./xxxxx Permanent Easement Whole Property: The market value of the whole property is $ 237,081 Part Taken: Considered as a permanent easement, the market value of the rights or easements being taken for the purposes of constructing, using and maintaining water mains, sanitary sewers, and/or storm sewers, is $ 3,064 Remaining Property: The market value of the remainder immediately before the taking is $ 234,017 Considering the use to which the part taken is to be subjected to, the market value of the remainder immediately after the taking is $ 234,017 Net Damages or (Net Enhancements), if any' $ -0- Temporary Easements: Considered as temporary easements, the market value of the temporary rights for the use of land for the purposes of constructing the water mains, sanitary sewers, and/or storm sewers in the above mentioned permanent easement is $ 960 Total Compensation $ 4,024 APPRAISALS OF PART TAKEN AND REMAINDER (1) Part Taken Highest and Best Use: Rural Residential Total Contributory Value of Improvements $ -0- Land: Permanent Easement 35,586.80 xxxxx/sq.ft.@ .0861 $ 3,064 Fee acres/sq.ft.@ $ Total Land $ 3,064 Total as a Unit: $ 3,064 ti 58 . 1 (2) Remainder Before Taking Highest and Best Use: Rural RPsidentiaj Total Contributory Value of Improvements: $ 147,796 * I Land: Easement 35,586.80 xxxxx/sq.ft.@ .0861 $ 3,064 Fee 482,908.20 xxxxx/sq.ft.@ .1722 $ 83,157 Total Land $ 86,221 Total as a Unit $ 234,017 (3) Remainder After Taking Highest and Best Use: amimi— RuraLResidential Dimensions: x = 35,586.80 sq.ft./xxxxx Permanent Easement x = 482,908.20 sq.ft./xxxxx Fee (a) Cost Approach Remainder After Taking Total Contributory Value of Improvements After Remainder $ 147,796 * Land: Easement 35,586.80 xxxxx/sq.ft.@ .0861 $ 3,064 Fee 482,908.20 xxxxx/sq.ft.@ .1722 $ 83,157 Total Land $ 86,221 Estimated Value of Remainder $ 234,017 * Only a general estimate of the improvements' total value was utilized, since the improvements do not appear to be adversely affected by the easement taking. The improvement values of the subject property are based on 1988 tax assessed values. 59 . (b) Market Data Approach Remainder After Taking Representative Comparable Sales Daniel Somnerhauser Ronnie Ray United Ch. Retire Sale Parties to Michael Dabus to Joanie Zeeb to t 1. Singletary February 17, 1989 December 14, 1987 June 10, 1988 $ 3,722 per acre $ 4,500 per acre $ 8,000 per acre Relative $ .0854 per sq. ft. $ .1033 per sq. ft. $ .18365 per sq. ft Location Same street as 2 1/2 miles NE of 2 miles NE of subject subject subject 11.553 acres 10.00 acres 16.613 acres 503,249 sq. ft. 435,600 sq. ft. 723,662 sq. ft. Time Similar Superior Similar Location/Frontage/ Access Inferior Inferior Superior Size Similar Similar Similar Topography Inferior Inferior Inferior Indicates $ 6,327 per acre $ 7,200 per acre $ 9,600 per acre or $ .1453 per sf or $ .1653 per sf or $ .2204 per sf 'I it Estimated Value by the Market Approach: Fee Unencumbered: 482,908.20 sq. ft. @ $ .1722 psf or $ 83,157 and Fee Encumbered: 35,586.80 sq. ft. @ $ .0861 psf or $ 3,064 443 . EXPLANATION OF ADJUSTMENTS Time Uistorical.ly , property values have increased over time in the subject� property area. Since early 1986, however, property values began to decline. This decline was sharp in 1986 and then tapered off to smaller declines in 1987 and early 1988 . Since early 1988 , prices have remained fairly stable. The following market forces are responsible for this abrupt change: ( 1 ) the restrictive lending policies of local financial institutions ( 2) a downturn in the state economy ( 3) a decrease in the speculative demand for raw land ( 4 ) the changes in the federal tax laws adversely affecting the tax advantages of real estate investments. Sales # 3 and # 1 occurred in mid 1988 and in 1989 , respectively. No adjustments were considered necessary. Sale # 2 occurred at the end of 1987 and is considered slightly superior for time. Location/Frontage/Access The subject property is located on the south side of a two lane gravel road known as Lake Ranch Road. This road runs west from FM 1378 , but later jogs south. Lake Ranch is a rural residential subdivision located north of Wylie. Lake Ranch Road wraps around the subject which gives it good frontage and access in two places. Also, the subject is adjacent to a rural subdivision known as Presidential Estates. Sale # 1 is located on the west side of Lake Ranch Road, several lots north of the subject. This sale is considered inferior for location, frontage and access due to the subject ' s large amount of road frontage. Sale # 2 is located on the south side of Aztec Trail, approximately 3/8 of a mile north of FM 2514. Aztec Trail is a white rock gravel road. The location of sale # 2 , north of Wylie and close to Allen, is considered inferior to the subject. Sale # 3 is located on the south side of FM 2514 , north of Wylie. The asphalt frontage and access of this tract is considered superior to the subject. fit. EXPLANATION OF ADJUSTMENTS (CONT'D) Size The size of a parcel of land has an impact on unit value. The market tends to pay a premium on smaller tracts of land because smaller tracts are generally more marketable and require a smaller down payment. In addition to this, the market has a tendency to place a volume discount on larger tracts of land. The size of the subject property in fee unencumbered is 482,908.20 square feet with 35, 586 .80 square feet encumbered with a easement. The comparable tract sizes are as follows: Sale # 1 - 11 .553 acres or 503 , 249 sq. ft . Sale # 2 - 10 .00 acres or 435,600 sq. ft. Sale # 3 - 16 .613 acres or 723 , 662 sq. ft. All of the sales are considered to be similar in size to the subject. Topography The topography of a tract of land can have a significant impact on value. Tracts with excessive floodplains, few trees or streams, adverse soil conditions, and rough terrains are generally less valuable. Conversely, tracts with excellent views, some trees, a small stream, tillable soil, and minimal floodplain are more valuable . The subject property has a small amount of floodplain, but with a large area of upland along the road frontage . Also, the tract has good frontage on a small lake. Sale # 1 is mostly floodplain, but with a small area of upland along the road frontage. However, the tract has little frontage, and difficult access to a small lake. This sale is considered inferior to the subject for topography. Sale # 2 has rolling terrain with trees, brush and a small pond. The tract has little or no floodplain, except for the pond. This sale is considered inferior for topography due to the subject 's lake frontage. Sale # 3 has rolling terrain and no floodplain. This sale is considered inferior for topography due to the subject 's lake frontage. Conclusions The adjustments for the comparables utilized were for time, location/frontage/access, size and topography. The sales, except for sale # 2 , occurred in mid 1988 or in 1989. j.i yl. A.' LEGAL DESCRIPTION(S) AND PLAT(S) OF SUBJECT PROPERTY i�- • 43 . :l Parcel 12 4F THE STATE OF TEXAS S i4;:` COUNTY OF COLLIN S I/wsum ofDollar(s) cash to forand consideration me inhand aid b the the City of ; Wylie, Texas, and other valuable considerations, receipt of which is acknowledged, do hereby give and grant to the City of Wylie, the right to construct, reconstruct, and perpetually maintain a sanitary sewer upon and across the following described property: BEING a 20 foot wide strip of land in the G.W. Gunnell Survey, Abstract No. 351,across that certain 11.903 acre tract of land identified as Lot 5 in the Final Plat of Lake Ranch Estates as recorded in the Deed Records of Collin County, Texas, and said 20 foot wide strip of land being more particularly described as follows: BEGINNING at a point in the east line of said Lot 5, said point bears South, 25 feet, South 01°14'13" West, 788.4 feet more or less from the northeast corner of said Lot 5, said northeast corner being in the center of Lake Ranch Lane; THENCE South 01°14'13" West, along said east line, 204.7 feet more or less to a point; . THENCE South 01°03'37" West, along said east line, 1445.84 feet more or less to the southeast corner of said Lot 5; THENCE North 89°58'17" West, along the south line of Lot 5, 20 feet to a point; THENCE North 01°03'37" East, 20 feet from and parallel to said east line, 843.7 feet to a point; THENCE North 86°38'47" West, 130.8 feet more or less to a point in a west line of said Lot 5; THENCE North 04°53'53" East, along said west line, 20 feet to a point; THENCE South 86°38'47" East, 128.8 feet to a point; THENCE North 01°03'37" East, 20 feet from and parallel to said east line, 582.4 feet to a point; , • THENCE North 01°14'13" East, 20 feet from and parallel to said east i, ` line, 204.7 feet to a point; THENCE South 88°45'47" East, 20 feet to the PLACE OF BEGINNING and containing 0.8 acres of land, more or less. IN ADDITION to said 20 foot wide permanent easement, there shall be a tempora'y 30 foot wide construction easement along the north, south and west sides of said permanent easement, to expire upon the completion of the construction of said sanitary sewer. TO HAVE AND TO HOLD the same perpetually to the City of Wylie, Texas, and its successors, together with the right and privilege at any and all times i.0 enter said premises, or any part thereof for the purpose of constructing, reconstructing, and maintaining the said sanitary sewer, on the condition that the City of Wylie, Texas, and its successors will at all times, after doing any work in connection with construction, reconstruction, and repairing of said sanitary sewer, restore said premises to the condition in which same were found before such work was undertaken and that in the use of said rights and privileges herein granted, the said City of Wylie, Texas, and its successors will not create a nuisance or do any act that will be detrimental to said premises. WITNESS MY HAND THIS the day of , 19 . J. 44. r.elvl>,i.J...il__.✓1__—Ml.,r►.11L1.1 I I1Sii)1 Lt11ML_11t1111d1._.LC1I J ' StWL.ti AGREAGEi._llh9.03_Ao. IMPROVEMENTS LQCAn0N_ (DLUN 011NTY_ TEXAS ACSLTlatt—QA—Act' PARCEL 12 EXHIBIT A SURVEY: G. W. GUNNELL. ABSTRACT NO. 351 \• I LOT 3 \ LOT 4 oaabe \ C�)k \ \ \ �sTM N al0000'E\ <j \ OTC? �0�- ——— LOT11 '" � ° LOT c LOT 101 11.903 Ac.3g PRESIDENTIAL N omaw _ N n•ao'W ' ' ESTATES es / // / / /su•av * seas• /// �� // ,` / tp a�iadr E / / O / t` P.O.B. // // v / �O • a011413.w / :.i ao+.r // // /N mew E 'ij JICK DRAIN / / 204.r / / G. W. GUNNELL SURVEY / ABST. N0. 351 PAUL WITHERSPOON n w • 'f W CURVE DATA cum NO. e R L a°ir E = JAMES PELL - • 1,1.11• `7F1 /1 • K7 .• , ,'• N(soar E 1 - ri__, • / 1,1• 20.d . �'� • • BILLIE JONES 3so' N M�4r w — • maw - I. 0. W. HAMPTON g S i�h . W. t i THIS IS DRAWING OF PORTION AOFTHE FIN ALPLAT LAKE . KENNETH BEVIS RANCH AS RECORDED IN THE DEED RECORDS • 6 OF COWN COUNTY, TEXAS, AND IS NOT, n4 = IN ANY WAY, TO BE CONSTRUED AS AN N ACTUAL SURVEY MADE ON THE GROUND. • M. McANALLY ®1 ' --- ur 370 '-r u'1 J. L. BRAND INCN' o w HE ASSOCIATES. . S I EN EERS/PLANNERS/SURVEYORS oww „� r ,. „ nt-wam4 r o�..A...in) MOH 1"=300' CAD a Arrvloio Sr. ,� ELAKE5 ; LAKE RANCH All WAR DAM D89012 8/89 Ism 1 or 1 • • .. • 45. ti • MEMORANDUM ti. DATE: December 3 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider 1989 Easement Acquisition For Muddy Creek Interceptor Sewer Line In 1989 the City paid Mr . Gilbert Welch $4 ,024 .00 for a sewer line easement across his property . On Novemberr 30 , 1990 Mr . Welch filed a claim against the ity reey for $35 , 328 .00 . Mr . Welch alleges the City ngwer line • completely resod pasture land disrupted by construction . official easement document had an amendment attached TheMr . and Mrs . Welch which was after the fact initialed byll bid documents andh but nobody representing the City . the contract with the contractor stipulates seeding not ',` sodding . The Collin County Conservation Service have a very , requires that the area be seeded only. I especially when a serious problem recommending approval for the original easement great deal of moneya and the sewer line will enhanceve SPriousuproblem of iwithnthe great deal . I also have a Y an original easement procedure used on amending document . Moreover there is insufficient funds left in the project to pay this $35 , 320 unsupported claim. It cannot be proven by Public Records that this transaction was properly executed . Deny the $35 , 328 sodding request claim Recommendation: supported by but go ahead and seed the area which is • bidq din document contracts and agreement with Collin County Conservation Service. TheTheseeding cost approximately $5 ,500 . Attachment: Welch Claim Easement Document with after the fact amendments . Y • • 3 MEMORANDUM TO: Bill Dashner, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering e D DATE: November 30, 1990 RE: Gilbert Welch Easement Muddy Creek Interceptor I have recently received a letter from Mr. Gilbert Welch regarding restoration of his property when the Muddy Creek Interceptor is completed. Two issues are critical to this claim : If a) The attached easement included an amendment which stated sod will be used to restore the areas. Seed was the bid item which was used in the contract and was originally approved by the Soil Conservation Service as a minimum requirement. Neither the SCS nor Hunter Associates, Inc. knew of this easement agreement condition which was negotiated and approved by City personnel in September of 1989. (Please note that the Phase II Interceptor with Shimek, Jacobs & Finklea as Engineer does include the use of sod in the contract ) . b) There is disagreement concerning whether the Contractor stayed within his construction easement. This potentially disturbed area is requested to be sodded also. The amount of the total claim presented by Mr. Welch of which the City may be directly responsible for under the easement agreement is $25, 118. 00. The Contractor is being charged by Mr. Welch for $3, 490. 00. The remaining $6, 720. 00 is related to disturbance outside the construction easement and must be substantiated. It is my understanding that this property has been up for sale for a substantial length of time. { Hal Jones (Engineer) , Ray Cory and myself will meet with Mr. • Welch on Monday, December 3, 1990 at 0:30 a. m. to resolve this issue. Please note that the initialed word "Ammendment" is •$ sspelled which could make all items under that section null and void including the requirement for sod. • r is r •y f. rr Ir ii g r Ury CS. November 27 , 1990 Mr . Paul Beaver City of Wylie Engineering Department P. 0. Box 428 Wylie , Texas 75098 Dear Mr . Beaver : 'Thank you for taking the time to talk with me earlier this month. I very much appreciate you co-ordinating the re-installation of my pasture fence that had been taken down by the City ' s contractor during the construction of the new sewer line. The back- filling of the excavated areas Is also appreciated . I as well as city employees other than yourself have been abject failures at getting this contractor to accomodate these needs . The fence was taken down on approximately July 25 , 1990 and was not even partially re-installed until around October 25 , 1990 and the balance remained down until about October 31 , 1990. The back-filling of the two large excavated areas parallels these same dates . By August 8 , 1990, I had personally asked the Contractor ' s jobsite superintendent (Mr . Buddy Whiteside) on two different occasions to install temporary gates for his access thru the fences or to put the fences back up . Also , I asked him to install perimeter protection around the large deep excavations that were bring left open for long periods of Lime . I know that fencing requests continued to be made by city employees after August 8, 1990. In both of my meetings with Mr. Whiteside , his response was that he didn ' t feel he had any responsibility to install temporary gates or replace any fences until the project was completed . His expressed reasoning was that the day he started construction there were not any horses in this pasture thus , he didn ' t feet that he needed to accomodate any grazing requirements on my property even though he was doing so on adjacent property . I explained .to him that two days before he started actual construction on my property I had talked to his surveyors as the were leaving after staking the properly . AL that Lime my horses were grazing this pasture but I told his surveyor that I wanted to be a good neighbor and I would take my horses out of that pasture until construction started so that stakes wouldn ' t be knocked down before the construction crew was oriented to their locations . This obviously fell on deaf ears as far as Mr . Whiteside was concerned . Also , the grass has been destroyed in the entire permanant and construction easement areas except for that area across the dam where the boring took place . In addition , there is approximately 24 , 435 s. f . of area outside either easement where the grass has been destroyed . This is an area that was used by the contractor , for his convenience and without my permission , to transport his equipment from one area of construction to another . page 1 I met with MI . Wh.I Len I de and two a I.I y camp I oyeeti ( 1)on Wit I l e and Ray Cory ) on August. 8 , 1990. Tn that. meeting as we I l as my previous meeting with him, Mr . Whiteside exhibited an attitude of arrogance and in the August 8 , 1990 meeting specifically staled that he had the right to destroy anything within the easement that l►e so desired without any regard to the desires or rights of the property owner . This attitude was certninl. ly obvious during and after the construction activity took place . A number of trees were destroyed ( some unnecessarily ) , fences were cut and left down , and large deep holes were dug without any type of perimeter protection to prevent horses from falling in . Also , numerous tree limbs were literally and unnecessarily torn and broken from trees , some of which were large pecan trees . It was only after -extended pressure from the city over several weeks that Mr . Whiteside adequately addressed the tree limb problem. It is obvious from the above that my back pasture , the vast majority of which is outside of any city easements , has for three months been rendered totally unuseable as pasture for my horses . With nine horses this has forced me to suppliment pasture feeding as well as keep four additional horses in stalls over and above my stail..ion which T. would have otherwise kept stalled anyway . This has caused an additional physical and financial burden which the Ci. ty ' s contractor should not have forced us to endure . As a result I am asking the City of Wylie to withold from the contractors ' payments Lhe following : A . Items not included in Easement Agreement . 1 . Stable four additional horses for three months : $ 3, 000. 00 (4 for 3 mo. @ $250. 00/mo . ) 2 . Purchase large bales of hay for pasture horses : 70.00 ( 2 @ $35. 00/ea . ) 3 . Additional construction easement charge for 420.00 area outside of the original construction easement that was used by the contractor , without owners permission , as thou it were a part of the original construction easement : ( 1 , 629 l . f . x 15 l. . f . wide = 24 , 435 s . f . / 24 , 435 s . f . @ $0. 172 — same as original rate) B. Items included in Easement Agreement . 1 . Sod additional construction easement area in the 6, 720.00 same manner as required at the original construction easement and as required by the original Easement Agreement : ( 24 , 435 s . f . @ $0. 275/s . f . ) 2 . Sod original construction easement area as 15, 332. 00 required by the original Easement Agreement : ( 55 , 752 s . f . @ $0. 275/s . f . ) 3 . Sod permanent easement area as required by 9, 786. 00 the original Easement Agreement : ( 35 , 587 s . f . @ $0. 275/s . f . ) Total $ 35, 328.00 page 2 y 70 Shire l wan told by the City two months ngo that. the Contractor had agreed to sod the above areas promptly and i1 still isn ' t done , I do not feel that 1 can trust the Contractor to follow-through as he should . Also , the proper period for sodding has now passed . Therefore , I would prefer that these funds now be witheld from payments due the contractor . Thank you for your attention to these matters . Please advise as soon as possible the status of this situation . - Sincerely , ..deArifthlia60/ Gilbert L. Welch page 3 • '7 '. q u . •A/ I G . I . ' ' Parcel 12 THE STATE OF TEXAS i ;i COUNTY OF COLLIN S 44 �lr � l 'Cell') ' IX � ; :(►(1l .L. � /We Gilbert L Welch6 Wanda Sue Welch + , 0,? kx4s� onsderation of sum of $/_n2c nn Dollar(s) cash to me inhhand c$it}i)b the Cit theyof Wylie, Texas, and other valuable considerations, receipt of which is acknowledged, do hereby give and grant to the City of Wylie, the right to construct, reconstruct, and perpetually maintain a sanitary sewer . upon and across the following described property: BEING a 20 foot wide strip of land in the G.W. Gunnell Survey, Abstract No. 351,across that certain 11 . 903 acre tract of land identified as Lot 5 in the Final Plat of Lake Ranch Estates as recorded in the Deed Records of Collin County, Texas, and said 20 foot wide strip of land being more particularly described as follows : BEGINNING at a point in the east line of said Lot 5, said point bears South, 25 feet, South 01°14 ' 13" West, 788. 4 feet more or less from the northeast corner of said Lot 5, said northeast corner being in the center of Lake Ranch Lane; THENCE South 01°14 ' 13" West, along said east line, 204 . 7 feet more or less to a point; . THENCE South O1°03'37" West, along said east line, 1445.84 feet more or less to the southeast corner of said Lot 5; THENCE North 89°58 ' 17" West, along the south line of Lot 5, 20 feet to a point; THENCE North 01°03 '37" East, 20 feet from and parallel to said eas .line, 843.7 feet to a point; t THENCE North 86°38 '47" West, 130. 8 feet more or less to a point in a west line of said Lot 5; THENCE North 04°53 '53" East, along said west line, 20 feet to a point; THENCE South 86°38'47" East, 128.8 feet to a point; THENCE North 01°03'37" East, 20 feet from and parallel to said east line, 582.4 feet to a point; THENCE North 01°14 ' 13" East, 20 feet from and parallel to said east line, 204 .7 feet to a point; THENCE South 88°45'47" East, 20 feet to the PLACE OF BEGINNING and containing 0.8 acres of land, more or less. IN ADDITION to said 20 foot wide permanent easement, there shall be a temporary 30 foot wide construction easement along the north, south and west sides of said permanent easement, to expire upon the completion of the construction of said sanitary sewer. TO HAVE AND TO HOLD the same perpetually to the City of Wylie, Texas, and its successors, together with the right and priv at any and times to ...,Ler said premises, or any part thereof iforleethe purpo eall o f constructing, reconstructing, and maintaining the said sanitary sewer, , on the condition that the City of Wylie, Texas, and its successors will at all times, after doing any work in connection with construction, reconstruction, and repairing of said sanitary sewer, fe tore pill•remises to the con•ition in w isi same were found before such work was • un•er a en alillia gran e. , e sal.nalliViliaMilla e e n ity o Wy le, Texas, an. i s successors w no • create a nuisance or do any... act that will be detrimental to said premises . 42) WITNESS MY HAND THIS the � ' dayoff ��l' �/1/9.,�. croAmmendment Notes 1 , 2 & 3 as they appear Nf.e :�.�rl &l. n the reverse side of this agreement • VA are hereby made as much a part of this . Al.greement as if they had aDoearer� i� � r• a Il1G� t ;Yl ILQA.� ACKNOWLEDGEMENT THE STATE OF TEXAS ) COUNTY OF ) BEFORE ME, a Notary Public in and for County, Texan, on this day personally appeared ,rJ'Lc�u/ jv�a.•E� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me t)at� • :.. ..cJ • executed the same for,,:'� the: : purpose• and consideration therein expressed. ,��.• GIVEN ND R MY HAND AND SEAL OF OFFICE THI: thet... ' ' day of Notar Public, ` riC epty, Texas Thomson ACKNOWLEDGEMENT THE STATE OF TEXAS ) COUNTY OF ) BEFORE ME, a Notary Public in and for ,ate2 f County, Texas, on this day personally appeared�de..i lam• 44U known to me to be the person whose name is subecribftd to the foregoing instrument, and acknowledged to me that ' executed the same for �b VI V• itzpose and consideration therein expressed. �''� ▪ ••.;f;;A GIVEN U DER MY HAND AND SEAL OF OFFICE, THIS pr:' ,`_ 5` .� '.Ctiay of • f2y_tic j r • `, • 1 / tf�• f c)(7912k, Not ry Public, , U4 Texas !. ! 1 t VAMMENDMENT NOTES 1?ti�h �. rhen+so 1) 1) All construction for a complete installation to be completed within 18 months of this date . If work is not completed by this date , a new construction easement must be negotiated with current property Owner . 2) All areas where top soil may become disturbed, as a result of construction , reconstruction or maintenance , inside or outside of the easement , shall be fine graded to the original grades and completely sodded Jfm" It shall be the complete and total responsibility of the City 3 of Wylie to resolve any conflict of interest that may come about as a result of any easements that may currently exist on this same property . If conflicts occur that can not be resolved through negotiation with property Owner and existing easement holder , then this easement shall be considered secondary to any existing easements . ACry P EDLATHE CITY OF J(YL I E THIS the A? —/ , 19,�/d. • day of CITY YL ok Trimble or ATTESTED: omoommok , / i / ...„Lit iip.,44.2,.&„„.... ...40a,,) C.i Carolyn • 1 s, C Secretary F SE L Date �Y a ``` igp�t�IU E. 1S��'"\`\\` ` 74 • • ...-. ♦ •_a ACDU ISI BON: 0.6 Ac. ---- — sRC P �� 12 SURVEY; W GUN G NELL. A9STRACT NO, 351 EXfll©IT A \ I LOT 3 . .,. 0...,). i: \ LOT4 N. CCI N o1 4d60. o0' E \ 1 ` LOT 5 LOT ip - 1-07. 1: \ --... 1.14": 41.111.1 ) R. 25' N 070o'oo• w (, 11.903 Ac. �1 PRESIDENTIAL taaso• _ — ,� N n W A ESTATES 1 es' . I C3 / $ ; / / / / li / 4 / / 52.33' '45// \.� / ^ / cp s ee .4r E / O / 20 P.O.B. / 204 / / / O s otr w / // / N of4'1r E JICK DRAIN / / a ,74 �' __/ / - - - - ___ _ G. W. GUNNELL SURVEY / ABST. NO. 351 ti PAUL WITHERSPOON CURVE DATA {; No A R VE S be tllITPe E s JAMES PELL 2Btio�Lw• �0+• 2B1 Rr _H__.__fienoo — — — __ � N aasar E kzd D 12 BII'DD'DO• 91 l5' i 93.25� 4ad •• f i BILLIE JONES 320' N ee3e'4r W 1301( - - -- -- -- t s 0• W. HAMPTON h W — _ _ _ ___ ___— THIS IS A DRANING OF THE DEED OF A PORTION OF THE FINAL PLAT of LAKE KENNETH BEVIS RANCH AS RECORDED IN THE DEED RECORDS • S ; OF COWN COUNTY, TEXAS, AND IS NOT, .•N at IN ANY WAY, TO BE CONSTRUED AS AN N ACTUAL SURLY MADE ON THE GROUND. b — —_ — —— — .• . M. McANALLY +e+a ,m+ tesjar= 370 -- T LWn I ++ �a J. L. BRAND N toi w is HUNTER ASSOCIATES, INC. 5 9 S ' ENGINEERS/PLANNERS/SURVEYORS DALAI MDH 1 M=300' ELAKE5 LAKE RANCH 75 • D " DAM I • 89n19 a /an MEMORANDUM DATE: December 26 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage 601,11W401. RE: Discuss and Consider Spec al Report FY90 Audit on Perimeter Street Fund Account In the FY90 audit the numbers indicated that at the close of business on September 30, 1990 the City had a balance of $373 ,601 in the Perimeter Street Fund . As of December 26 , 1990 the City has a balance of $339 ,752 in this Perimeter Street Fund. As you know this money is earmarked and can only be used for designated streets and areas such as Akin Lane . I have attached a list of properties that have paid these fees . / 4p . PERIMETER STREET FEES 09/25/85 STEEL INDUSTRIAL PARK, PHASE I $ 14 ,584 . 31 REGENCY BUSINESS PARK 01/16/86 QUAIL HOLLOW, PHASE I 33 ,961 .14 WYLIE JOINT VENTURE 02/07/86 HOOPER BUSINESS PARK 49 ,365 .44 SUMCO CORP. 01/17/87 MINI WAREHOUSES 4 ,702 .50 DOBIE DEVELOPMENT 04/21/87 STONE GROVE DEVELOPMENT 20 ,000 .00 05/08/87 STONE GROVE DEVELOPMENT 564 .67 05/11/87 KREYMER ESTATES 19 ,960 .38 PRESIDENTIAL ESTATES 08/11/87 NEWPORT HARBOR 15 ,407 . 37 1378 DEVELOPMENT CORPORATION 11/17/87 WOODLAKE VILLAGE 60 ,764 .51 CENTENNIAL ARAPAHO DEVELOPMENT 07/05/88 LOT 2A, MOUSSA SWITZER ADDITION 4 ,826 .25 MCDONALD' S CORPORATION 07/05/88 LOTS 1,3 & 4 , MOUSSA SWITZER ADDITION 8 ,377 .38 S & S PETROLEUM SALES 09/26/88 TWIN LAKES PHASE I & II 61 , 827 .98 THIRSK, INC. 11/29/89 WESTGATE CENTER , PHASE I 5,759 . 82 JOHN PENNINGTON TOTAL $300 ,101.75 />/L6//0 a,Lh'° 4 .337, 7Sa 9'1. Exhibit D-7 City of Wylie, Texas Street Iomparaive Capital Projects Fund , .ate:. il J Comparative Balance Sheets // .444-4 September 30, 1990 and 1989 C /`. - 1990 19. .2 Assets Cash $117,841 $ 60,336 Investments 220,760 143,564 Due from other funds: General fund 0 135,000 Utility fund 35.000 35.000 Total assets $373,601 $370,900 Fund balances Fund balances: Unreserved, undesignated $373.601 $373.900, Exhibit D-8 Comparative Statements of Revenues, Expenditures, and Changes in Fund Balances For the fiscal years ended September 30, 1990 and 1989 1990 111/ Revenues: Special assessments $ 5,760 $ 3,146 Interest 16.941 12.348 Total revenues 22.701 15.491 Expenditures: Current: Public works: Planning and engineering _ 0 _17 Total expenditures 17 Excess of revenues over expenditures 22,701 15,477 Other financing uses: Operating transfers out: Street Construction fund 23.000 61.828 Deficiency of revenues under expenditures and other financing uses (299) (46,351) Fund balances, October 1 373.900 420.251 Fund balances, September 30 $373.601 $373.900 g6/VD A 3 3 4, 76-7, bz, c-e,) The notes to the financial statements are an integral part of this statement. 8 . MEMORANDUM DATE: January 3 , 1991 • TO: Mayor and City Council FROM: Bill Dashner , City Manager . ./ RE: Discuss and Consider Funding Alternative For $80 ,000 Shortfall of Collin County on Total Funding for Brown Street/McCreary Road Project On January 3 , 1991 at approximately 2 : 00 p.m. Commissioner Jerry Hoagland informed me that it would take an additional $80 ,394 to fund the McCreary Rd/Brown St Project . The shortfall is outlined as follows : Brown St . Cummins & Pewitt Engineering $ 24 ,650 A T & S F Railroad Crossing 102 ,490 XIT Bid 454 ,950 McCreary Road Boyle Engineering 28 ,115 St . Louis RR Crossing 157 ,320 TISEO Bid 124 ,557 Geotechnical & Staking Estimate 20 ,000 TOTAL $911, 882 Less Available Cash -825 ,000 Less Sanden RR Crossing Refund - 12 ,488 $74 ,394 Plus Estimated Contractor Mobilization Cost for Brown St . 6 ,000 TOTAL $8 ,394 It is my recommendation that as the only available fund source available is for the City Council to transfer $80 ,394 from the Perimeter Street fund in which there is a balance of $339 ,752 . The City Council can transfer these funds temporarily so j that the contractor can begin work immediately. The bid contract on this project expires on February 11 , 1991 . If a work order is not issued , by that date the project will have to be rebid . I \\_)))) would recommend the temporary use of the funds to be replaced in the Perimeter Street Fund no later than October 1 , 1991 . /\/\/, rr 5\ .4 u '79 • � appropriation in excess of those estimated in the budget , the city council may make supplemental appropriations to fund other appropriations as desired . B. EMERGENCY APPROPRIATIONS At any time in any fiscal year , the city council may , pursuant to this section , make emergency appropriations to meet a pressing need for public expenditure , for other than regular or recurring requirements, affecting life , health, property, or the public peace. C. REDUCTION OF APPROPRIATIONS If , at any time during the fiscal year , it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated , he shall report to the city council indicating the estimated amount of deficit , any remedial action taken by him and his 101(1 recommendations as to any other steps to be taken. The city council shall then take such further action that it deems necessary to prevent or minimize any deficit. j14 D. TRANSFER OF APPROPRIATIONS A At any time during the fiscal year, the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency . Upon written request by the city manager, the city ...council may, by budget amendments transfer part or all of an unencumbered a , , ro .ri . . 1 ► : ; , from one , epartment . o icg or agency to another, E. LIMITATIONS No appropriation for debt service may be reduced or transferred , and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance. F. EFFECTIVE DATE The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section shall be made effective immediately upon adoption of the appropriate ordinance or budget amendment. • 35 80' twenty (20) year provision for non- improvements described in the paragraph above . In no case shall the developer be responsible for construction or payment in lieu of construction of any perimeter street to a width or thickness greater than those specified under the standards for thoroughfares . Collector streets and alleys , as defined by this section , shall be designed and constructed with eight (8) inch of four thousand five hundred (4 , 500) p . s . i. reinforced concrete pavement on a compacted subbase . All steel reinforcing shall be deformed No . 3 bars on twenty-four inch (24") centers both ways . 111 Stabilization of the subbase with a six- inch (6") thickness of six percent (6%) hydrated lime by weight will be required . Compaction of the lime stabilization shall be to 95% standard proctor density . 1 3 . Major Thoroughfare and Commercial- Industrial Collector Streets On roadways , adjacent to the proposed subdivision , that are designated to be city thoroughfares , the subdivider shall • be required to construct , at his own expense , one-half ( 1/2) of the street section with one ( 1 ) integral curb on the side nearest the property line . The subdivider shall , at his own expense , pay for constructing all collector streets and alleys in his subdivision and one-half ( 1/2) of all perimeter streets and alleys to include the integral curb on the side nearest the property line . Where the proposed subdivision is located adjacent to a sub-standard road or street and it is deemed not feasible , by the City of Wylie , to improve said road or street at N the time of development of the subdivision , the developer shall pay to the city a monetary amount equal to the cost of improvements (including 1 30 8/ . excavation, sub—grade preparation, paving , drainage facilities , utility adjustments and engineering) for said I/ road or street as a condition precedent to the approval of any plat for said subdivision. The estimate of cost of said improvements shall be determined by the city engineer with said estimate being made available to the developer . Said amount shall be placed by the city I into a fund labeled Street Improvement Fund , and shall be specifically used for the improvement of said road or street . If improvement to said road or street does not occur within a twenty (20) year period from the date the money is so placed on deposit with the city , said money including any earned interest thereon shall be returned to the property owners of record at that time. Should the city make said improvement within the period specified then the city is entitled to use all funds 11 including earned interest in order to accomplish the required paving project . Said earned interest shall be considered to offset the cost of inflation to a 1/ project . In no case except the twenty ( 20) year default provision made above , shall any developer be entitled to a I/ refund of any amount or portion thereof . The developer may , at his option, execute an "authority to release II perimeter street improvements funds" for the purpose of allowing the City of Wylie to improve such streets by using these funds for said improvements for significant reconstruction of an existing street to a standard of improvement less than concrete . The use of such funds shall not include normal maintenance repairs . Such improvements shall be accomplished in a manner and to a level which is at the sole discretion of the City Council of the City of Wylie . The City Council may also elect not to use any of the funds , even if released for improvements and may elect to retain said funds until the concrete improvements specified in the City standards can be accomplished . Should the City Council elect , following the developers release of funds , to make 31 62. improvements at standards less than concrete , the remainder of the funds will be retained and no assessment shall be made to the property owners until subsequent repairs or improvements are needed following the ultimate installation of the standard concrete street . The election of this option shall release the City of Wylie from the twenty (20) year provision for non— improvements described in the paragraph above . In no case shall the developer be responsible for construction or payment in lieu of construction of any perimeter street to a width or thickness greater than those specified under the standards for thoroughfares . Thoroughfares shall be designed and constructed with an eight—inch (8") thickness of four thousand five hundred (4 ,500) p . s . i . reinforced concrete pavement on a compacted subbase . All steel reinforcing shall be deformed No.3 bars at twenty—four inch (24") centers both ways . Stabilization of the subbase with a six— inch (6") thickness of six percent (6%) hydrated lime by weight will be required . Compaction of the lime stabilization shall be to 95% standard proctor density . C. PAVING WIDTH REQUIREMENTS 1 . Residential Streets , Collector Streets and Alleys Residential street paving shall be a minimum of twenty—six feet (26 ' ) in width, measured between the faces of curbs . Collector or commercial/industrial street paving shall be a minimum of thirty—six feet (36 ' ) in width , measured between the faces of curbs , except that the width for collector streets in industrial and commercial areas must be a minimum of forty—four feet (44 ' ) in 32 P3. MEMORANDUM DATE: December 26 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager • RE: Discuss and Consider Special Report on Balance of 1988 $200 ,000 Certificate of Obligations to be Used on Right of Way Acquisition for the Installation of Three (3) New Major Sewer Lines . In 1988 $200 ,000 worth of Certificates of Obligations were issued to acquire Right Of Way for the three (3) major sewer lines to get the City off of Pump and Haul process. $196,000 of the money was spent to acquire Right of Ways for the first two (2) major sewer lines put in. They are Muddy Creek Interceptor and Phase II Interceptor . Only approximately $4 ,000 is left to acquire all easements on the Newport Harbor Sewer line. We have 13 easements to acquire on the sewer line , however we are currently paying about $500 per easement . 84. OU'TSYANDI NU BONUS AS OF SEPTEMBER 30 , 1990 YEAR OF ISSUE INTEREST % PRINCIPAL INTEREST TOTAL 1971 WATER & SEWER 4 . 50 - 6 .625 $145 , 000 $ 35 , 776 $180 ,776 REVENUE BONDS $300 ,000 PAY OFF 6/01/96 1980 WATER & SEWER 8 .50 - 9 .0 360 , 000 402 ,750 762 ,750 BONDS WATER TOWER INTEREST PAYMENTS ONLY UNTIL 6/01/97 $400 ,000 PAY OFF 06/01/2005 1986 WATER & SEWER 8 .40 145 ,000 129 ,320 269 ,320 BONDS $160 ,000 PAY OFF 6/01/2006 1972A NTMWD COMPACT 4 . 75 - 5 .0 75 ,000 15 ,750 90 ,750 72B FUNDS $60 ,000/110 ,000 (PAID OFF) 1988 NTMWD (WATER 7 .60 1 ,945 , 000 1 ,713 ,115 3 , 658 ,115 DEVELOP BONDS) SEWER PLANT $2 ,000 ,000 TOTAL WATER & $2 ,670 ,000 $2 ,296 ,711 $4 ,961 ,711 SEWER BONDS 1980 C. O. ' S 7 . 75 - 8 .50 30 , 000 3 ,825 33 ,825 PARK IMPROV. $130 ,000 PAY OFF 7/15/92 1986 GENERAL OBLIGATION 7 . 0 30 ,000 1 ,050 31 , 050 EQUIPMENT NOTES (PUBLIC SAFETY) $135 ,000 PAY OFF 2/15/91 1986 GENERAL OBLIGATION 7 .72 1 , 665 ,000 1 , 224 ,984 2 ,889 ,984 BONDS (CITY HALL) 10 .25 - 7 .25 $1 ,800 ,000 PAY OFF 2/15/2006 1988 PUBLIC PROPERTY 7 .0 265 ,000 29 ,369 294 , 369 OBLIGATION 6 .25 - 7 .25 EQUIPMENT BO-MAG $400 ,000 PAY OFF 2/15/93 1988 C.O. ' S (TAX & 7 .45 - 6 .65 185 ,000 69 ,506 254 ,506 WATER) (UTILITY/R.O.W. ) PAY OFF 2/15/99 1988 C.O . ' S (TAX & 8.45 1 ,245,000 1 ,170 ,986 2 ,415 ,986 WATER) 8 .0 - 10 .75 STREETS & SEWER LINES PAY OFF 2/15/2008 TOTAL GENERAL OBLIGATION $3 ,420 ,000 $2,499 ,720 $5 ,919 ,720 GRAND TOTAL OF WATER & SEWER $6, 090 ,000 $4 ,796 ,431 $10 ,881 ,431 & GENERAL OBLIGATION 1/23/90 NEW ISSUE 1990 C. O. ' S 7 .09 $3, 500 ,000 $3 , 197 , 700 $6 ,697 ,700 (TAX & WATER) 9 .5 - 6 .9 (SEWER , LANDFILL SERVICE CENTER PAY OFF 2/15/2000 TOTAL $9,590 ,000 $7 ,994 , 131 $17,579 ,131 AS. MEMORANDUM DATE: January 2 , 1991 TO: Mayor and City Council FROM: Bill Dashner , City Manage ' RE: Discuss and Consider Final Acceptance of Muddy Creek Interceptor Sewer Line Constructed by Pate & Pate and Authorize Final Payment Pending Completion of Four Minor Cleanup Areas . According to the Consulting Engineer and the City Engineer this sewer line is complete except for four (4 ) small cleanup areas . These will be done when dry weather comes . This contract totaled $745 ,374 .25 . This final payment request is in the amount of $58 , 840. 43 . The City is holding back $5 ,200 to seed the Welch property in the Spring of 1991. Therefore, as City Manager I 'm recommending the following , that the City Council authorize final payment and direct the City Manager to hold the check until the four (4) minor cleanup problems are finished. The four (4) minor cleanups are listed in the City Engineer ' s report . We are holding a 10% maintenance bond in the amount of $70 ,434 . 21 . The Council will note that we brought this contract in for $709 , 542 . We saved the City $36 ,000 . The bid was $745 , 374 . 25 Attachment: Supporting Documentation 8� . MEMORANDUM TO : Bill Dashner, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering e( DATE: January 2, 1991 RE: Muddy Creek Interceptor Pate & Pate Payment Request #4 Attached is Estimate No. 4 in the amount of $58, 840. 43. A total amount of $704, 342. 18 of work has been accomplished to date. An amount of $5, 200. 00 is being held in retainage against work that is in place. All major work items applicable to the Muddy Creek Interceptor have been accomplished except for the seeding of the Soil Conservation Service property which will occur in early Spring 1991 . Four nominal cleanup items remain : 1. Blade on east side of the SCS dam (Welch Property) • 2. Blade ditch line from Station 132+32 to Station 139+00 3. Clean up Manhole at Station 145+90 4. Blade ditch line on 36" line near Hensley Lane This work will be done soon in dry weather. The total $704, 342. 18 is $41, 032. 07 less than the $745, 374. 25 original contract amount. As stated above, an estimated 4 acres of seeding at $1 , 300. 00/acre will be done in the Spring of 1991 . The payment request has been approved by the Consulting Engineer, the City of Wylie inspector and myself. A 10% maintenance bond in the amount of $70, 434. 21 has been posted. My recommendation is to administratively process the payment, but withhold the $58, 840. 43 payment until the dirt work has been completed. 8 � . RIC Imo 112 HUNTER ASSOCIATES, INC. J.TRAVtSIRO ERTS,JR.:F P.E. PAUL S.BUEDEKER,P.E. ENGINEERS/PLANNERS/SURVEYORS HAL 8.JONES.P.E. II 814O WALNLI T HII 1 1 ANE ONE GI EN I AKES SIJI I E 500 IOALL AS.IX 752.11 4350 214/309.9171 SAM C.MCKENZIE,JR.,P.E. 1106 CLAYTON LANE SUITE 410E AIISTIN.TEXAS 78723-1033 512,454 8716 JOHN D.FRIEBELE,P.E. DAVID J.PREWETT,P.E. CHARLES W.SCHELER,P.E. K.ST.JOHN.RE. December 10, 1990 Rt HARD CHARLES A.DAVIS,P.E. JOHN L.MEARS.P.E. Mr. Paul Beavers, P.E. City Engineer City of Wylie 2000 Highway 78N Wylie, Texas 75098 Re: Muddy Creek Interceptor Job No. D89012 Dear Mr. Beavers : Enclosed are four (4 ) copies of Pay Estimate No. 4 which have been submitted as Final on the above referenced project. They have withheld $5, 200 . 00 in retention until the Spring of 1991 when they will broadcast seeding with 80-80-0 fertilizer as directed by the City at an additional charge of $1 , 300 . 00 per acre. The total amount of work completed through November 30, 1990 is $704, 342 . 18 which is $41, 032 . 07 less than the contract amount of $745, 374 . 25 . Hunter Associates, Inc. has reviewed this estimate for payment and recommend that the amount of $58, 840 . 43 be paid in full and that the project be left open until the seeding is complete in the spring of 1991 . The contractor shall provide a one-year maintenance guarantee to the City and show proof that they had responded to all claims brought against them related to this project, before receiving the amount noted above. Sincerely, HUNTER ASSOCIATES, INC. Ae-V 6 die,-"0-4__ Hal B. Jones, P.E. , R.P.L. S. Senior Vice President HBJ:pc Enclosures cc: Mr. Steve Pate, Pate & Pate Enterprises, Inc. 88 ESTIMATE FOR PAYMENT PATE & PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEWER Page 1 f 8 IMPROVEMENTS, MUDDY CREEK Estimate No: 1 & = .z- Date: 12-06-90 INTERCEPTOR Estimate Period 10-01-90 to 11-30-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Tine : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: '745,374.25 Revised Contract Total: r Item ; Description :Unit: ( Quantities ) ; Unit Price ; Amount Planned ; Prev. Est. : This Eat. ' To Date 001 ; 36" CONCRETE PIPE, 20-22' ; LF ; 250. 125. ; 75. ; 200.00 47.50 9,500.00 I 002 ; 36" CONCRETE PIPE, 18-20' LF ; 300. 267. ; 33. 300.00 43.06 12,918.00 I 003 36" CONCRETE PIPE, 14-18' LF ; 1,800. 871. ; 126, ; 1,000.00 40.57 40,570.00 I , 004 36" CONCRETE PIPE 10-14' LF ; 1,200. 1,828, -228, ; 1,600.00 39.37 62,992.00 005 30" CONCRETE PIPE, 14-18' LF 1,850. 1,737, 63. 1,800.00 31.36 56,148.00 -006 30" CONCRETE PIPE, 10-14' LF ; 875. 910. -110. 800.00 30.21 24,168.00 007 24" CONCRETE PIPE, 10-14' LF 2,050. 1,579. 21, 1,600.00 24.83 39,728.00 008 21" CONCRETE PIPE, 0-10' LF 1,200. 1,499. 1. 1,500.00 23.91 35,865.00 009 21" PVC ASTM F794 OR F679 LF 450. 197, 503. 700.00 30.93 21,651.00 20-22' INCL EXCAVATION CL. B-I ERB, TESTING AND HACRFILL 010 21" PVC ASTM F794 OR F679 LF 350, 293. 7, 300.00 26.51 7,953,00 18-20' INCL EXCAVATION, CL B-1 EMB, TESTING 1 BACXFILL Olt 21" PVC ASTM F794 OR F679 LF 1,500, 1,425. 75. 1,500.00 23.97 35,955,00 11-18' (NU EXCAVATION, CL B-1 EMB, TESTING & BACXFILL • 8`!' ESTIMATE FOR PAYMENT PATE L PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEWER Page 2 IMPROVEMENTS, MUDDY CREEK Estimate No: 4 Date: 12-06-90 INTERCEPTOR Estimate Period 10-01-90 to 11-30-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: . Item ; Description :Unit: ( Quantities ) ; Unit Price ; Amount Planned ; Prev. Est. ; This Est. ' To Date ' 1 I 012 21" PVC ASTM F794 OR F679 ; LF 2,900. 2,614, 186. ; 2,800.00 22,70 63,560.00 10-14' INCL EXCAVATION, CL B-1 ERR, TESTING A BACKFILL 013 21" PVC ASTM F794 OR F679 ; LF ; 2,000. 2,088. -688, 1,400.00 ; 21.90 30,660.00 0-10' INCL EXCAVATION, CL B-I RMB, TESTING A BACKER!, 014 12" PVC ASTM 03034 SDR35 OR LF 500, 531, 269. 800.00 18.09 14,472.00 ASTN F789 10-14 INCLUDING EXCAVATION, CL B-I ERB, TESTING L BACKER!, 015 12" PVC ASTM 08034 SDR35 OR GF 1,900. 1,715. -245. 1,470,00 17.04 25,048,80 ASTM F789 0-10', INCLUDING EXCAVATION, CI, B-I, TESTING ' AND BACKFILL 016 8" PVC ASTN D3034 SDR35 OR LF 850, 795, 5. 800,00 15,06 12,048.00 ASTM F789 0-10', INCLUDING CL B-1 END, TESTING L BACKFILL 017 16" DIP C650 0-14' INCLUDING 61? 500, 466. 34. 500.00 35.33 17,665.00 EXCAVATION, CL D-I ERB, TESTING L BACKFILL 018 5' DIAN NH 0-10' W/SEALED EA 20. 21. 1, 22.00 1,830.00 40,260,00 RING, COVERS A STUB OUT 019 4' DIAN Nil 0-10' W/SEALED RING EA 10. 9, 9.00 1,139.00 10,251.00 COVERS L STUB OUT 020 4' DIAN NH 0-10' W/STD RING, EA 2. 3. -1, 2.00 1,038.00 2,076.00 COVERS L STUB OUT 021 4' DIAN NH 0-10' W/STD RING, EA 2, 3, 3.00 1,402,00 4,206.00 COVERS AND STUB OUT 022 4' DIAN NH 0-10 W/SEALED RING, EA 1. 1. 1.00 1,504.00 1,504.00 COVERS A STUB OUT 023 5' DIAN MH )10' VF 70. 53. 15. 68.00 99.75 6,783.00 024 4' DIAN NH AND 4' DIAN DROP VF 70. 40.5 24.5 65.00 52.50 3,412,50 NH > 10' qd . ESTIMATE FOR PAYMENT PATE L PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEWER Page 3 IMPROVEMENTS, MUDDY CREEK Estimate No: 4 Date: 12-06-90 INTERCEPTOR Estimate Period 10-01-90 to 11-30-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: . Item ; Description 'Unit; ( Quantities > ; Unit Price ; Amount Planned ; Prev. Est. ; This Rst. : To Date , , , 025 STAINLESS STEEL TURBINE Nil ; EA ; 8, 7. ; I. ; 8.00 793.00 ; 6,344.00 VENT W/6-5/8" OD GAIN PIPE 026 BORE & STEEL ENCASE STATE HWYS LF 500, 440. ; 66. 506.00 180.18 ; 91,171.08 DRIVEWAYS & RAILROADS 027 CONCRETE F/PIPE ENCASEMENT CY 150, 138.4 11.6 150.00 60.00 ; 9,000,00 AND PIERS INCI, 2-NO. 5 VERTICAL BARS PER PIER 028 CONNECT TO EXISTING NH, STUB EA 3, 2, 1, 3,00 159,60 ; 478.80 OUT OR LIFT STATION 029 CNT STAB BACKFILL IN TRENCH AT RA 5. 5. 5.00 2,450.00 ; 12,250.00 CREEK CROSSINGS, INCLUDING EXCAVATION, CMT, NIXING & COMPACTING 030 REMOVE 2 EXISTING PUMPS & LS 1. 1, 1,00 2,579.00 2,579.00 APPURTENANCES IN EXISTING 4' DIAN WET WELL 031 12" THICK CRUSHED LIMESTONE SY 100, 38, 62. 100.00 7.98 798.00 FLEXIBLE BASE 032 SHEETING, SHORING, BRACING OR LF 20,375. 18,943. 127. 19,070.00 .10 1,907,00 OTHER MAILS F/CONSTRUCTION OF SEWER PIPE IN TRENCHES 511 033 4" SS SVCS EXTENDING TO EDGE EA 10, 0.00 150.00 0.00 OF EASEMENT 034 BROADCAST SEEDING AC 4, 0,00 1,300.00 0,00 035 FURNISH & CONSTRUCT NH MARKERS EA 5, 2, 2,00 60.00 120.00 4 1 • ESTIMATE FOR PAYMENT PATE l PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEVER Final Page. IMPROVEMENTS, MUDDY CREEK Estimate No: 4 Date: 12-06-90 INTERCEPTOR Estimate Period 10-01-90 to 11-30-90 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: Item ; Description ;Unit; ( Quantities > ; Unit Price ; Amount Planned ; Prev, Est. ; This Est. ; To Date I TOTAL WORK TO DATE ' ' ' 704,342.18 PLUS MATERIAL ON HAND 0.00 TOTAL AMOUNT TO DATE 704,342.18 LESS 0,00% RETAINAGE 5,200.00 LESS PREVIOUS PAYMENTS 640,301.75 TOTAL AMOUNT DUE THIS ESTIMATE )/INC. 58,840.43 SUBMITTED BY: PATE Al IILATER R f:-2 1.L. • APPROVED BY: RECOMMENDED FOR APPROVAL: H ER ASSOCIATES CONSULTING ENGINEERS DATE Z- 2. A OVER: —_____._._ . _ L...)-- DATE 1/ Z) /1 qz. MEMORANDUM DATE: December 17 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage • lt, RE: Discuss and Consider Screening Process For The Selection of A Full Time In-House City Attorney The attached publication has been published for qualified applicants for the City Attorney position . The City Charter stipulates that the City Attorney will be hired by the City Council in consultation with the City Manager. The City Council needs to decide whether it wants to review and study all resumes or if you want the City Manager to screen to select three (3) or four (4) applicants for face to face interviews . Attachment: Copy of publication i q3 . CITY ATTORNEY - - - - JOB SURVEY CITIES WITH POPULATION UP TO 25 ,000 CITY : POP. IN HOUSE ANNUAL SALARY DENISON 23 , 884 YES $50 ,000-$60 ,000 CEDAR HILL 18 ,500 CONSULTANTS ENNIS 14 ,000 RETAINER MO. UNAVAILABLE STEPHENVILLE 15 ,450 FRISCO 6 ,100 CONSULTANTS CITIES WITH POPULATION 25 ,000 TO 50 ,000 BEDFORD 47 ,000 YES $45 ,000-$67 ,440 SHERMAN 34 ,576 YES $48 ,000 CITIES WITH POPULATIONS 50 ,000 TO 100 ,000 CARROLLTON 78 ,000 YES $70,200 COLLEGE STATION 52 ,226 DENTON 67 ,500 YES $64 ,844 KILLEEN 59 ,560 YES $35 ,292-$47 ,287 PLUS CAR ALLOW. GRAND PRAIRIE 100 ,000 YES $49 ,200-$76 ,320 CITIES WITH POPULATION OVER 100 ,000 GARLAND 185 ,000 94 • EMPLOYMENT NOTICE CITY OF WYLIE The City of Wylie is soliciting qualified applicants for the position of full time City Attorney. All applicants must possess a license to practice law in the State of Texas and be a member of the Texas Bar Association . Duties include but are not limited to all Municipal law functions of City Government and ligation involving City Government. Texas Municipal Government experience required . The City Attorney will work under the City Council/City Manager form of government . All interested applicants should submit professional resume and credentials to the Personnel Director , City of Wylie, P. 0. Box 428 , Wylie , Texas , 75098 no later than January 30 , 1991 . Wylie, Texas is a rapidly growing transition community located in the Dallas Metroplex area. Position offers a liberal fringe benefit program and very competitive salary. The City of Wylie is an equal opportunity employer . T5. MEMORANDUM DATE: December 20 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager .q/ w RE: Discuss and Consider Renewal of Employee Group Health/Life Insurance With Blue Cross and Blue Shield The City has received the new rate structure for another year ' s coverage beginning February 1, 1991 . Blue Cross and Blue Shield has only increased employee coverage rates by 15% and dependent coverage by 15% . Currently the City pays 100% of employee coverage and $70 towards family coverage. Employee group rate is $152 . 31 per month and family rates are $280 .95 per month . This is the renewal rate. According to surveys we have done this rate increase is about 5% to 10% lower than other cities are getting . I believe that since this coverage started in February of 1990 that the City should continue with Blue Cross and Blue Shield for another year since the rate increase is lower than the medical inflation rate. Attachment: Premium Renewal Notice q4, . Blue Cross vQQ and Blue Shield of Texas,Inc. 14643 Dallas Parkway Marketing Suite 560, LB85 Dallas.T s 75240 -, � � I DEG 20MD \) December 20, 1990 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Charles Norwood, City Manager City of Wylie Post Office Box 428 Wylie, Texas 75098 Dear Mr. Norwood: This is the time of year that Blue Cross and Blue Shield of Texas reviews your group for the coming year . Groups of your size are rated partially on a pooled concept with other groups of like size. In looking at your utilization, the pooled utilization and current medical trends we find it is necessary to implement a rate change for the next benefit period beginning February 1 , 1991 . This adjustment is necessary to insure that premium will be adequate to meet expected paid claims in the coming year. The rates listed below will be effective on your group anniversary date as shown and, if accepted, will apply for the 12 month period immediately following the anniversary date--subject , of course, to the terms and conditions of the applicable group agreements and the schedules of coverage or schedules of specifications, if any. The rates shown are based on current coverages and benefits and do not reflect any changes in coverage or benefits which may have been discussed. This letter constitutes written notice of increase in premium rates. Health & Dental Current Renewal Rate Rate Employee/Only $132 .77 4.) a $152.31 Employee/Family $376.00 ,�� $432.26 (20 . 75) (42 V3, L 3) "S �,0.,r.�.,-) �I 97 Mr. Charles Norwood City of Wylie December 20, 1990 Page 2 The Term Life rate of $ .37 per thousand will be adjusted to $ .32 per thousand and the AD&D rate of $ .06 per thousand will remain the same for the next benefit period . If you have any questions, please get in touch with Bruce Hicks at (214) 276-9676. Your broker can also arrange for some alternate benefit designs to be rated to provide a more favorable premium. Since e , 4/4/ Bob J rdan, CLU, CPCU Distr ct Sales Manager BJ/an cc: Bruce Hicks Jean Carlton, Group Account Executive 98 • RATE RENEWAL SUMMARY Group Name City of Wylie Group Number 33997 Anniversary Date 2-1-91 Employer Contributions are as follows: Current Renewal Health Life Dental Health Life Dental % of Employee Rate $ per Employee Rate % of Dependent Rate $ per Dependent Rate Other Number of Employees: On Payroll Ineligible* Eligible Enrolled in HMO Health Life Dental *Reason for Ineligibility COMMENTS: My signature certifies that: The above renewal information is accurate, and The renewal rates were discussed with me prior to the effective date, and will be used for payroll deduction purposes. Any change in exposure could result in the right to adjust renewal rates. Signature of Group Executive Title of Executive Date Signature of Representative Date Blue Cross and Blue Shield of Texas, Inc. qg . MEMORANDUM DATE: December 20 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager '1,4 .4 RE: Discuss and Consider Comp eting Appointments To The Wylie Master Plan/Goals Committee If the City Council is ready to complete these appointments the City Staff would like to initiate this work at the beginning of 1991 or as soon as the City Council finalizes all appointments . Mo • PARTIAL LIST OF WYLIE MASTER PLAN/GOALS COMMITTEE JACK BASS 306 S. 3RD BUD RANDALL 101 CARRIAGEHOUSE WAY BILL MILLS 603 S. JACKSON SCOTT BROWN 307 BRIARWOOD ALLAN STROUD GARY BLACK 806 FORESTEDGE LANE SUE NICKLAS 1 GOLL ROAD PETE TALLANT 509 DOGWOOD LESTER GAYLER 412 DOGWOOD CECILIA WOOD 515 WOODHOLLOW ROLAND KREYMER 302 S. SECOND CHARLES MILKIEWICZ 310 WOODHOLLOW HENRY CHRISTIAN BECKY CALVERLEY 300 S. SECOND KYLE CRAIGHEAD 702 FLAGSTONE REGIE MCKINNIE TAMMY GIBSON ROCK KING 707 STONEYBROOK ROBERT ARDEN TOM PRITZKAU HARVEY MILES BILL CHAPMAN 311 WOODHOLLOW DAVID WATKINS PATTY FLINT 408 GASTON DR. EAST PAT MINER 1301 DEVONSHIRE JOHN SPILLYARD 301 N. JACKSON ROGER SMITH 106 N . CARRIAGE HOUSE CHERYL EDWARDS 613 ANDERSONVILLE RAYMOND COOPER 301 DOGWOOD STEVE AHRENS 409 GASTON DR. NORTH ,O/. MEMORANDUM DATE: December 21, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager '4 RE: Discuss and Consider Regular Monthly Meeting With Collin County Commissioners Court (Monthly Coordination Meeting) The regular monthly meeting with Commissioner Jerry Hoagland and staff will be held at the Steak House at 12 : 00 a .m. (noon) on January 22 , 1991 . The City Council needs to let me know of the ones wanting to attend . io2 . MEMORANDUM DATE: December 13 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage .... RE: Discuss and Consider Progress Report On Ongoing Negotiations With TCI Cablevision On New Franchise Agreement On December 13 , 1990 I met with Mr . Charles Hembree, State Manager of TCI Cablevision of Texas, Inc. After discussing all the details of where the City stood on cable television services we decided to draft a new franchise agreement document . A franchise agreement in full compliance with the Cable Television Communication Act of 1984 . Mr . Hembree agreed in principal to increase the franchise fee up from 3% to 4% . It was also agreed in principal to extend the franchise fee to cover all programs not just basic services . This will generate significantly more revenue from the present $5, 198. 22 for 1 , 195 subscribers . Mr . Hembree will be at the City Council meeting on January 22 , 1991 when this item will be placed before the City Council . /6 3 . MEMORANDUM DATE: December 18 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager RE: Designation of an Acting City Manager in Compliance With The City Charter Article 4 , Section 1 , Subsection D of the City Charter stipulates that the City Manager , shall within thirty (30) days of taking office, file with the City Secretary an alternate to perform the duties of the City Manager in the case of his absence or disability. The City Council shall ratify the City Manager ' s designated alternate. Accordingly, my designee is Mrs . Carolyn Jones 1 ! _ i))( f /d("1"' Nrgi;e CITY OF WYLIE 2000 HWY.78 N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor December 18 , 1990 Don Hughes Mayor Pro-Tem Carolyn Jones, City Secretary City of Wylie P. 0. Box 428 Wylie, Texas 75098 William Martin City Council Dear Ms. Jones: In compliance with Article 4 of the City Charter , you are hereby informed that you will be the Acting City Manager in Pat Stemple the event of my absence or disability. City Council Sincerely, • 1164 Steye Wright Bill D 1hner City Council City Manager BD/ac Percy Simmons City Council Chuck Wible City Council • Bill Dashner City Manager ]MEMORANDUM DATE: December 27 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager `,. RE: Discuss and Consider Appro al of Agreement And Memorandum of Understanding Between Wylie Development Corporation , Inc . and the City of Wylie Attached is an agreement approved by the Development Corporation, Inc. which outlines services to be provided by the City of Wylie to the Corporation. There are eight (8) different type services to be provided . I am recommending that this agreement be approved by the City Council . Attachment O(0 • AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE DEVELOPMENT CORPORATION OF WYLIE, INC. AND THE CITY OF WYLIE The following terms and conditions will constitute an agreement and understanding whereby the City of Wylie will provide and make available certain specified services . The services provided are outlined with the accompanying cost figures . 1 . 20 X 25 office in City Hall and regular janitorial services and utilities . Cost per month - flat fee of $50 .00 . 2 . Telephone and fax service - cost is whatever the usage is , based on bills remitted from GTE and in house fax fee. 3 . Full time receptionist and full time secretarial service at NO CHARGE. 4 . Conference Room, City Council Chamber usage - NO CHARGE. 5 . Accounting Service - whatever would be charged by City' s accounting firm of Brosowske, Mares , Smothermon and Co . 6 . Bookkeeping services provided by City of Wylie through the Finance Director at NO CHARGE. 7 . Purchasing services through the City' s Purchasing Agent at NO CHARGE. 8 . Mail Services - cost is whatever the mail usage would be - the City would be reimbursed for usage. This agreement will be subject to renewal annually. Either party may terminate agreement by giving sixty (60) days written notice. The Development Corporation of Wylie, Inc. will on a monthly basis remit to the City of Wylie Finance Director monthly payments based on monthly charges which include rental of space and all other charges. Approved on this of 1991. Jim Smith, Chairman Development Corporation of Wylie, Inc. Mayor John Akin City of Wylie /51 • MEMORANDUM DATE: December 19 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager . RE: Discuss and Consider Update Report On Ingress/Egress to Highway 78 for Brookshire, Eckerd and the Hospital Negotiations continue to try and find an equitable solution to this issue. The City has been meeting with the hospital official and representatives from Brookshire , however , a final agreement has not been reached . On December 19 , 1990 I met with Mr . Bradley W. Brookshire and discussed the possibility of mechanical signalization for this area . Attached are the following documents: 1 . Letter from me to Mr . Brookshire on signalization proposal . 2 . Letter from me to State Department of Transportation on signalization . 3 . Response from State on my request . 4 . Formal proposal from hospital to Brookshire' s on their solution to the problem. Ma . • ,• rg• BROOKSHIRE GROCERY CO. 1600 S.W. Loop 323 P.O. Box 1411 75710 Tyler, Texas 214 534-3000 BRADLEY W. BROOKSHIRE EXECUTIVE VICE PRESIDENT CORPORATE DEVELOPMENT December 26 , 1990 Bill Dashner City Manager City of Wylie P. 0. Box 428 Wylie, Texas 75098 Dear Bill : I , too, enjoyed meeting you at the ground breaking of our new store in Wylie. I appreciate your quick response with your letter. The enclosed copy is a letter that I sent to Mr. James E. Hunt at the State Department of Highways and Public Transportation. I will let you know the response from Mr. Hunt as to my letter and/or visit. If you know of any additional information that would be helpful for my meeting with Mr. Hunt, please let me know. Let ' s keep in touch on this matter. S . ely, Brad . Brookshire BWB:pjr • /0 ;ry BROOKSHIRE GROCERY CO. 1600 S.W. Loop 323 P.O. Box 1411 75710 Tyler, Texas 214 534-3000 BRADLEY W. BROOKSHIRE EXECUTIVE VICE PRESIDENT CORPORATE DEVELOPMENT December 26, 1990 Mr. James E. Hunt, P.E. Managing Resident Engineer State Department of Highways and Public Transportation P. 0. Box 3067 Dallas, Texas 75221-3067 Dear Mr. Hunt: Our company is currently under construction with a new 40 , 000 square foot conventional grocery store located on State Highway 78 in Wylie, Texas. This site is located southwest of the intersection of State Highway 78 and FM 544/Kirby Street between the Eckerds building and the Wylie Community Hospital. We are very concerned about the amount of traffic backup waiting for the light to change at the above mentioned intersection. This backup happens at peak hours and causes major ingress and egress problems for Eckerds, and the hospital . With the opening of our store, we anticipate this problem compounding. I would like to meet with you to discuss this situation sometime during the first part of January. I will call you after the first of the year to see when it would be convenient to your schedule. Sincerely, Brad W. Brookshire BWB:pjr cc: Bill Dashner, City Manager City of Wylie J //o 440 lair yoie CITY OF WYLIL 2000 HWY.78 N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 Joh:r Akin Mayor December 19 , 1990 Bradley W. Brookshire Don Ilughes Brookshire Grocery Co . Mayor Pro-Tem p. 0. Box 1411 Tyler , Texas 75710 William Martin Dear Mr . Brookshire , City Council It was a pleasure meeting you on December 19 , 1990 at the ground breaking for your new facility here in wylie. As we discussed the potential traffic problem on Highway 78 , I am attaching a copy, attachment number one (1) , of the Pat Stemple letter I wrote to the State of Texas Transportation on this City Council issue. I am also attaching a copy of his response, attachment number two (2 ) . You may also want to renew the driveway permit that probably has expired with the State of Texas relative to ingress/egress to State Highway 78 . Steve Wright I was delighted to hear that your company would be willing City Council to help finance possible signalization if the State Department of Highway would approve it . You also indicated that Eckerd Inc . might help finance signalization . The City of Wylie is working very hard to assure safe and expeditious ingress and egress on to State Highway 78 . I would suggest I'nrcySimmons that you contact Mr . James E Hunt at the State Department of city council HIghways in Dallas . I personally believe until State Highway 78 is four (4 ) laned the real solution is mechanical signalization but this depends on the State Department of Highway approval . Sincerely yours , Chuck Wihle City Council Bill Dashner City Manager fill Dashner BD/ac City Manager // /' 41 , i e CITY OF WYLI� 2000 HWY.78 N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 October 2, 1990 Jolly.Akin Mayor Mr . Leroy Wallen District Transportation Engineer P . 0. Box 3067 Donliughes Dallas , Texas 75221 Mayor Pro-Tem Dear Mr . Wallen, William Martin City Council I have discussed a potential traffic safety problem that will develop on State Highway 78 in the City of Wylie with Mr . Bob Brown of your staff . According to the approved plans for the new Eckerd' s and Brookshire' s stores on Highway 78 the design plans for ingress and egress to Pat Stemple Highway 78 will in my judgment create a very serious traffic City Council congestion problem that will affect traffic flow on Highway 78 . To this point the City of Wylie has been unsuccessful in eliminating an individual private drive for hospital patrons as well as an individual private drive for Brookshire Steve Wright customers . We believe that you should investigate this CityCouncil problem since there is still time for redesign work on the ingress and egress problem or possibly look at some type of signalization to assure a safe traffic flow for these two (2) major traffic generators . For your information the Eckerd store will probably open within the next six (6) months and Brookshires within the next year . We realize Mercy Simmons Council City Council that State Highway 78 is to be four (4 ) lanes but I don' t believe this will happen in time to accomodate this potential problem. Thank you very much for your consideration to this request and if there is anything I can do to assist please don' t Chuck Wihle hesitate to contact me. City Council Sincerely yours , Bill Dashner City Manager Bill Dashner City Manager bd/ac • / / Z. w • NOV I I (1 COMMISSION sTATE DEPARTMENT OF HIGHWAYS ENGINEER DIRECTOR ARNOLD W.OLIVER,P.E. Rom in N DI o MAN,CHAIRMAN AND PUBLIC TRANSPORTATION _ RAY SIOKER,JR. P.O.BOX 3067 WAYNE R.DUDUIESIEN DM.r.AS,II XAS 75211..1067 12141 110.61011 October 31, 1990 Control: 0281-02 CONTACT: Highway: S.H. 78 County : Collin RE: ACCESS DRIVEWAY LOCATED 330 FT & 580 FT SOUTHWEST OF FM 544/KIRBY STR INTERSECTION Mr. Bill Dashner City Manager City of Wylie 2000 Hwy. 78 N. P.O. Box 428 Wylie, Texas 75098 Dear Mr. Dashner: Our office has reviewed the information pertaining to the above referenced driveway facility sent to us on October 2 , 1990 from you. This permit for the Brookshire' s driveway will be considered null and void if the driveway has not been constructed within six (6) months from the issuance date of the permit. The detailed sketch for this permit indicated that the Brookshire Tract was independent of the already existing driveway facility at Wylie Community Hospital until such time as the hospital dedicated joint access easement. Our office was under the impression that this meant an agreement was pending with the hospital and the grocery store to utilized the two drives as one-way ingress and egress. The State suggests that the City of Wylie enforce a joint usuage of the two access driveways as indicated or no access to Brookshire's will be permitted. We would deem it a jotential congestion and safety problem that will affect traffic flow on Sii 78 if two independent driveways exist at this location. //3 Control : 0281-02 Highway: S.H. 78 County : Collin Page 2 October 31, 1990 If you have any further questions concerning this matter, please contact Lisa Palmer at 214-320-4446. Sincerely, James E. Hunt, P.E. Managing Resident Engineer LCP: lcp cc: R.E. (Hunt) Lee Wallen Blansett //4. • . Ws PHYSICIANS REGIONAL HOSPITAL 801 SOUTH HWY. 78 • P.O. BOX 1500 • WYLIE, TEXAS 75098 • (214) 442-5414 November 20, 1990 Jim Fancher P.O. Box 1411 Tyler , Texas 75710 Dear Jim: I appreciated the opportunity to renew discussion on Brookshire's request for joint access of the hospital 's private road yesterday. As I stated to you on the phone yesterday, with Pete Forsythe back in March 1989 in hopes of reachin m g an agreement with Brookshires relative to the joint use of our .private road. Mr. Forsythe and I came to a proposed agreement in our March 1989 meeting which I 've detailed below, subject to approval of the Hospital Board and Brookshires Board. r heard back from Mr. Forsythe or Brookshires and,Hinefact, heard second- hand that Brookshires had backed off from developing the land. I therefore, have simply been in the dark since March 1989. Our proposed agreement was as follows: 1. Brookshires will commit to expend all monies necessary to grade and widen the hospital 's existing feet and will construct raised concrete medians alongothe • length of the road in order to separate' ingress and egress to both properties. ' All final plans for this to be approved by the Hospital. 2. Brookshires will commit in writing to fully support the hospital 's need for an I-78 curb cut and stacking lanes at its main entrance just south of the handle at least 3 cars and this supportprivate road entrance to minimum, written correspondence supporting will include,hospital a need for the I-78 curb cut and stackinglane the and trip (s) ) to the local and state offices and hearings by an officer ofo Brookshires whenever reasonably requested by the .� Administrator of the hospital. 3 Brookshires will commit to paying Brookshires employees or vendors supplj sp uses anys if of the hospitals driveways or parking lots foringress or egress he /1 Again, I am happy to see that Brookshires is proceeding with their investment in Wylie and hope that the above proposal meets with Brookshire's satisfaction. Please call me if you have -any:, questions relative to the above. Thank you. Sincer y, `S G !;j��'�� wrence J. Wedekind Chief Executive Officer • LJW/sa/5 -9 c Ed Ritchie