The URL can be used to link to this page

11-24-1987 (City Council) Agenda Packet DATE POSTED 11-20-87 TIME POSTED 5 : 00 P.M. AGENDA REGULAR MEETING, CITY COUNCIL CITY OF WYLIE, TEXAS NOVEMBER 24 , 1987 7 :00 P. M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 8 Consider approval of minutes for November 17th meeting 2 Consent Agenda The following items are to be considered as one item. The Council may move, by motion and second, to approve or reject all items contained within. Any Council member may request that an item or items be pulled from the Consent Agenda and considered separately. If such a request is made, those items will occur in numberical order immediately following the vote on the Consent Agenda. A. 9 -22 Consider approval of Ordinance authorizing execution of Emergency No. Service (9-1-1 ) with General Telephone Company B. 23 -24 Consider authorization to seek bids for the moving of the communication tower for the Police Department C. 25 Consider authorization to seek bids for the electrical box and wiring at the Nortex Tank Site for the ground storage tank 3 26 - 27 Presentation by Mr . Mike Plisowski , President Performance Property Managerment Corp. , Rustic Oaks Apts. in regards to the Sign Ordinance PUBLIC READING OF ORDINANCES 4 28 -30 Consider approval of a Resolution adopting Street Assessment Policy ( 1/3 each) 5 31 - 33 Consider approval of an Ordinance amending several ordinances and setting times and locations of School Zones ORDER OF PAGE BUSINESS REFERENCE BUSINESS 6 34 - 35 Discussion of the proposed Truck Route ordinance establishing routes and carrying capacity 7 Consider approval of an Ordinance for Truck Routes establishing routes and carrying capacity NEW BUSINESS 8 36 - 37 Consider approval of final plat for construction only for Westgate Industrial 9 38 - 46 Discussion of proposed contract for Emergency Ambulance Service 10 47 - 52 Discussion of the proposed Citizen Survey 11 53 - 60 Discuss authorization to allow City Manager to proceed with negotiating with a Planner/Engineer/Financial Consultant for comprehensive Land Use Plan, Master Park Plan, Capital Facitilies Plan and Impact Fee Study GENERAL DISCUSSION 12 Citizens Participation 13 Council Discussion 14 Recess Open Meeting 15 Convene Executive Session under the authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "g" Personnel - 16 Reconvene Open Meeting 17 Consider any action necessary from Executive Session 18 Adjourn CALLED CITY COUNCIL MEETING - MINUTES NOVEMBER 17, 1987 The Wylie City Council met in a called session on Tuesday, November 17 , 1987 in the work room of the Rita and Truett Smith Library at 7 : 00 P.M. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan, Council Members Calvin Westerhof , Kent Crane, John Akin, Marvin Blakey and Chris DiTota , City Manager John Pitstick, City Secretary Carolyn Jones , Assistant Engineer Ron Homeyer and Finance Director James Johnson . Mayor Trimble called the meeting to order and Councilman Crane gave the invocation. PRIORITY SEWER LINES TO MEET TEXAS WATER COMMISSION REQUIREMENTS: Mr . Ron Homeyer , Assistant Engineer recommended to Council several plans for the City to work on in regards to meeting the requirements of the Texas Water Commission. One plan is to put in sewer lines with gravity flow in Steel Industrial Park with a force main to pump back into the main line to the treatment plant. This will also take the property where Sanden Corporation will be. In this plan is also a gravity flow line for the businesses on Highway 78 beginning with Steaks Over Texas and coming to Eubanks . There will be a need for a small lift station in order to pump back into the treatment plant . In this plan the park lift station would be eliminated and a new lift station in the Thrisk Tract and staff is hoping to receive some financial backing from the owners of the Thrisk property and Southplace. The approximate cost of phase 1 is $1 ,555 ,000 .00 . Phase 2 of the plan will address the upper Muddy Creek drainage and parallel lines with an approximate cost of $4 ,257 ,000 .00 . City Manager John Pitstick said phase 1 will help the park lift station and pumping at Steel Industrial Park and will also take care of the pumping for the business around Steaks Over Texas . The approximate cost of the improvements to the Wastewater Treatment Plant is $1 ,730 ,000 .00 . Total approximate cost of all sewer improvements in these phases will be $5 ,987 ,000 .00 . City Manager John Pitstick said staff wants to get together with all the developers and work on these projects to see what kind of participation is there. Staff has to go back to the Texas Water Commission in January with a final plan and dates as to when work will begin . City Manager John Pitstick said he plans to beginning meeting with the developers as soon as possible in order to make the deadline with the state. INFRASTRUCTURE REQUIREMENTS FOR SANDEN CORPORATION: Mayor Trimble referred the Council to a letter that was written in July to Sanden Corporation, and the commitments made did not expend monies. The only real commitment was to put in a rock road in order for Sanden to begin work. Now County has 1983 bond funds that can be used and this road can be a concrete street with all monies coming from the County. City Manager John Pitstick said that there are no cut and dried incentives . Once you have made a commitment , you need to stick by it. For Sanden to go in , you are looking at Sanden Blvd . from FM 544 to Highway 78 . The 1983 Collin County Bond Funds will take care of this road. There is also the possibility of extending the 8" water line that stops at Eagle Ready Mix down to Sanden Blvd. Mr . Ron Homeyer said that normally the developer would have to put in this water line. City Manager John Pitstick said he needed some guide lines from the Council prior to meeting with Sanden. Sanden has set up meetings with the staff and utility companies and I need to know what Council wants . Mayor Trimble stated that the letter written in July was given to each Council member for them to read and comment on prior to it being taken to Sanden. The only commitment was to put in some type of rock road in order for Sanden to have access to their property. It was made very clear to Sanden that it was unlawful to waive taxes . City Manager John Pitstick said the first thing to do is to ask Sanden what size water lines will be needed for their operation and where is it needed and then staff can proceed working with Sanden with the facts that Council has laid out for us . There being no other business for discussion, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary Ot PARKS AND RECREATION BOARD MEETING - MINUTES . l_O F. M. NOVEMBER 5. 1987 The City of Wylie Parks and Recreation Board met in regular session on Thursday. November 5. 1987 at 7: fix) F . M. in the Community Room. A quorum was present and notice of the meeting had been Posted in a time and manner required by law. Those present were Vice-Chairman Willie Benitez. Peggy_ Sewell . Joanie Zeeb. D. F. Whitlow. John Smvder. Don White. Director of Public Works. Theresa Burris. Secretary. City Secretary. Carolyn Jones. Those absent were Chairman John Morgan and Larry Nickell . Vice-Chairman Benitez called the meeting to order. CONSIDER APPROVAL OF MINUTS: The minutes submitted for approval were for the September 1 . 1987 meeting. Joanie Zeeb mentioned that the new Commerical Landscaping ordiances that had been handed out at the last meeting was a composite of ordiances from other Cities. so that the proposed for the use by the City of Wylie. could construct their own ordinances. DISCUSS RECOMMENDATION FOR THE 1968 BOND PROGRAM FOR COLL I N COUNTY - OPEN SPACE: The Collin County Open Space will have a meeting every Wednesday. members of the City Council , Planning and Zoning, Parks and Recreation are encouraged to attnd. The next meeting is Wednesday. Novembeer 11 , 1987. Don White, Public Works Director, will present the Wylie Park Plan to the Collin County Open Space Committee. Part of the Open Space Program is 71 /2 mile trail from Brockdale Park to Collin Park and we would like to tie our Parks into their plans. Peggy Sewell mentioned that the Developers have to give a percentage of their land for Parks. Joanie Zeeb said that we should mark all the gullys, riverbottoms for Parks. Peggy Sewell feels we need flatlands too. CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR CLOSING THE CITY PARK TO COMPLETE ROAD REPAIRS: Don White Director of Public Works mentioned that the road will be closed November 19. 1987 for repairs. But if it rains it would be cancelled again. The road will be open for traffic again on that Friday. J _ DISCUSS RECOMMENDATION TO CITY COUNCIL TO MAKE A CHANGE IN THE SUBDIVISION ORDlANCE REGARDING LANDSCAPING REQUIREEEME OMMERICAL PROPERTY: Joanie Zeeb Presented a proposed Commeercial Landscapinq Ordiances and Peggy Sewell mentioned that some of the plant material description was quite complicated. Don White. Director of Public Works. asked if it would be on the City right-way or private land and if it was legal to force people to landscape their own property. Joanie Zeeb said it would be on private land and it is legal to regulate landscape on commerical property. Peggy Sewell said that buyers are always leary of restrictions. Joanie Zeeb stated that if we have a pretty area everything will sell better. Peggy Sewell asked about the corner where the Ladylike Shop has its parking. Joanie Zeeb said probably we would have different restrictions for the 3 blocks of Downtown Wylie. Peggy Sewell agreed with that. Vice-Chairman Willie Benitez. said he felt we should proposed this ordiance to Plannzn and Zoning. John Smyder felt we should recommend to the City Council that we have guidelines. Commerical Landscaping ordiances and the committee recommend that the City Council " Planning and Zoning look at it and decide how they want to use it. Mr. Whitlow. moved that we send the proposed ordiances to Planning and Zonznq . Joanie Zeeb seconded it. DISCUSS METHOD OF CANCELLATION OF MEETINGS: Joanie Zeeb Proposed that meetings should not be cancelled unless they voted on it at previous meetings. City Secretary, Carolyn Jones. stated that if there is nothing for the agenda there will not be a meeting. John Smyder mentioned that many things we should have talked about has fallen thru the crack and die. He said if nothinq else he would like it if we could qo thru the mintues and find agendas for the next meetings. Joanie Zeeb stated that we should always work on the Master Plan. Vice-Chairman, Willie Benitez, mentioned that we need to get what needs to be on the agenda for next meetings. City Secretary, Carolyn Jones~ asked if everyone had received the new deadlines dates' everyone said yes. Peggy Sewell said that sometimes she wasn ' t home wnen the packet was delivered so if there was no packet she would not be sure if it had actually been delivered and she ask if someone could call her if the meeting was called off. Mr. Whitlow moved that meetings would not be cancelled. Joanie Zeeb seconded it. The motion carried with all in favor. , GENERAL DISCUSSION: John Smvder asked for cost estimates on bicycle racks. Don White. Director of Public Works. said that they were less than $-_700. 00 and will bring exact prices and sizes to next meeting. He said that the signs have been ordered and take 5 to 8 weeks for delivery. John Smvder brought UP that he was going to ask Coach Shaffer for information on using school Property for Parks and Park activities. He also asked who is supposed to care for the Parks. John Smvder asked if we have a scale drawing of the Parks. Mr. White. said Yes. John Smvder is going_ to get them and make some tentative plans for their use. Mr. D. F. Whitlow asked about the maintance cost. labor mowing, fertilize and electricity. City Secretary. Carolyn Jones. said they could 'yet the exact expenditures from last year and the budget for •_om:ng year. The electric is paid by WSFI. anyone that wants to use the lights notify the Police Department and the Police will log them in and out. Mr. Don White. mentioned that City Manager. John Pitstick. is trying to get someone to design a new Park Plan. Mr. White also mentioned that the old steel volleyball net has been located and will be put permanantly . Joanie Zeeb said that if the people bring the temporary volleyball nets back late they should be charged a penalty. Carolyn Jones. mentioned that she would have a park map for ever,vone for the next meeting. DJOURNMENT: Joanie Zeeb made a motion for the meeting be closed. Mrs. Sewell seconded it. Motion carried with all in favor. Willie Benitez. Vice-Chairman Respecfuily Submitted: Theresa Burris. Secretary 5 PLANNING AND ZONING COMMISSION MEETING - MINUTES NOVEMBER 16, 1987 The City of Wylie Planning and Zoning Commission met in regular session on Monday, November 16, 1987, in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Brian Chaney, Vice-Chairman Ben Scholz, Bob Skipwith, Marty Stovall, Code Enforcement Officer Roy Faires and Secretary Karen Blythe. R. P. Miller and Cecilia Wood were absent. CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the November 2, 1987, meeting. Chairman Brain Chaney asked if there were any corrections to be made. A motion was made by Ben Scholz to approve the minutes as presented. This motion was seconded by Bob Skipwith. This motion passed with all in favor. CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL OF PRELIMINARY PLAT FOR WESTGATE TERRACE: Chairman Brian Chaney asked Roy Faires to give the members some information on this item. Mr. Faires noted that this item was referring to the center part of the total Westgate Development. He reminded the members that the Northern part has already been developed and that the preliminary plat on the lower portion south of the railroad tracks has been approved. Mr. Faires added that this would tie Westgate Way together from 3412 all the way back from 544. Mr. Faires pointed out the different zonings of this subdivision on the map to the members which are SF3 and MF and stated that one portion had been rezoned to zero lot line. He noted that it was up to the point of this present development that Fleming had been begun. Mr. Faires added that Fleming Street is scheduled to continue along in this same plain and that the property next to the Dobie Development is zoned in the same manner which meant that the developer had no other choice but to bring Fleming Street straight forward. He noted that the next property is a piece that has not been zoned but has the same configuration as the one he just mentioned which more than likely in the future will be zoned in the same manner. Mr. Faires added that the City has had the extension of Fleming Street to come straight through this property for at least the last four years. Mr. Faires referred to the maps he had given the members and noted that the developer' s map showed Fleming Street about 460' south of where it is shown on the City' s Mater Plan which does not go along with the City' s plan of Fleming street. Mr. Faires stated that as the Director of Planning and Zoning that he would recommend this item to go before City Council for non approval. Chairman Brian Chaney asked Mr. Faires to show the members on their plans where Fleming Street should be located and if the developers were aware of where the street was to be located 6 before they drew their plan. Mr. Faires noted that the developers were fully aware of where the street was to be located before they drew their plans. Bart Peddicord asked Mr. Faires if they had given a reason as to why they were asking for this change. Mr. Faires said they had not given one to him but had given one to Ron Homyer the City' s Engineer. Jerry Lands the engineer representing this developer of 3435 Dilido Rd. , Dallas, TX addressed the members. Mr. Lands stated the reason Fleming Street is shown where it is is because of the location of other streets that were planned in the preliminary plat of Westgate Phase I and II. Mr. Lands showed on the original plat a cul-de-sac which was creating a problem with extending Fleming Street. He noted that he had spoke with Ron Homyer and they had come up with the solution to place Fleming Street as shown on the plans he had drawn up. Mr. Faires noted that a final plat has never been submitted on these streets Mr. Land was referring to which would mean that it has died of old age and would have to go back to the board and that he had made known to Mr. Homyer that Fleming Street had to be where it was on the Master Plan because of the zoning. Mr. Faires also added that once Fleming Street passed the property line of the SF and MF zoning he didn' t have any problem with the location of the street but felt the developers who acquire this property will feel that they have been cheated because they will have to make a big curve across their property which will cost them twice as much. Mr. Chaney pointed to Mr. Land' s developer' s property line. Mr. Faires noted that it was their phase line. Mr. Land retaliated and said it was their property line. Mr. Faires stated that if this was so then this property has been subdivided illegally because it has always been shown as one piece of property and that it had not been brought before the Planning & Zoning Commission for approval. Brian Chaney asked Mr. Faires if this was something the City' s attorney needed to looked into. Mr. Faires said yes, and that they needed to get the City' s attorney to file an injunction to declare all sales of this property invalid. Chairman Brian Chaney brought the discussion back to the board and noted that he was agreeing with Mr. Faires that Fleming Street needs to be matched up according with the original plans. Mr. Chaney noted that Mr. Faires would talk with the City' s attorney about the possible illegal subdivision of this property and make sure there wasn' t a failure of memory and if there was not, let him take action from there. Bart Peddicord made the motion to table this item. This motion was seconded by Ben Scholz. This motion passed with all in favor. CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL OF FINAL PLAT FOR WESTGATE INDUSTRIAL PARK: Mr. Faires addressed the board and reminded them that they had seen the preliminary plat and had approved it a few weeks ago and they were now looking at the final plat for approval and that it has meet all of the city engineering requirements and is recommended by the city engineer for approval. Brian Chaney asked if the City Council had made any alterations. Mr. Faires replied they had not and that he was recommending approval. Bob Skipwith made the motion that they recommend to the City Council that this final plat be approved as shown. This motion was 7 seconded by Marty Stovall. This motion passed with all in favor. Chairman Brian Chaney asked before they went to the last item that they consider the memorandum from the Park and Recreation Board which was in their packets. Mr. Faires addressed the board that the first time he had seen this memorandum it had been brought to his office to go before the Planning & Zoning without going before the Parks & Recreation Board, at which time he advised this party that the City did not have the personnel or staff to enforce this issue. Chairman Brian Chaney asked Mr. Faires who had brought this forward to him. Mr. Faires stated that it was one of the members of the Park & Recreation Board. Marty Stovall asked if other cities the size of Wylie have this type of ordinance. Mr. Faires said r►o, that cities the size of Plano and Austin►, etc. that have a Park & Recreation Director that has taken two years of Horticultural have this type of ordinance. Marty Stovall asked if there were any types of ordinances for companies such as Sandir►, when it comes to Wylie, for landscaping. Briar► Chaney felt that this item would deter larger companies from coming into Wylie and that we need these larger companies to support our tax system. Marty Stovall stated that he felt most companies would want to landscape anyway. Bart Peddicord stated he had read this memorandum about four times and feels that it would take at least one and maybe more experts to enforce this. Mr. Peddicord felt that some issues in this memorandum were not within reason►. Brian Chaney stated that at the passing of the Parks Tax or Land Donation► Ordinance he had felt it was a little strict but realized that it was needed for the future citizens of Wylie, but this issue he feels is too much. Mr. Faires told the board that the City Manager wanted the Planning & Zoning Commission► to know that they are in the process of hiring professionals to do a Master Plan for the City that will include some beautification►s along some thoroughfares. Chairman Brian Chaney asked if they needed to action on this issue. Mr. Faires said no, but they would like for them to put it on their November 30, 1987, agenda. Chairman Brian Chaney requested this item to be put on the November 30th agenda. ADJOURN: There being no other business, a motion was made by Ben Scholz to adjourn. This motion► was seconded by Marty Stovall. This motion passed with all in favor. Brian Chaney - Chairman► Respectfully submitted Karer► Blythe - Secretary DALLAS,TA$ leaOt RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS RESOLUTION NO. 87- IO%J- 17 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CALLING A PUBLIC HEARING WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE ON THE QUESTION OF ESTABLISHING 911 EMERGENCY SERVICE AND ON THE QUESTION OF IMPOSING EMERGENCY SERVICE FEES FOR IMPLEMENTATION THEREOF. WHEREAS, the General Telephone Company has proposed that 911 emergency telephone service be furnished within the boundaries of the City of Wylie; and WHEREAS, the City Council of the City of Wylie has determined that it is in the best interest of the public health, safety, and general welfare to consider a 911 emergency service system for implementation within the City; and WHEREAS, the City Council desires input from the public as to the implementation of such system and the imposition of fees necessary for the purchase, installation, operating and maintenance expenses of such service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That a public hearing shall be held on the /2/4 day of c-A tn74//h , 1987, for the purpose of obtaining input from the public with regard to the implementation of 911 emergency telephone service within the corporate limits of the City and with regard to the imposition of 911 emergency service fees to provide for the purchase, installation, operating and maintenance expenses of 911 emergency service to be furnished pursuant to a written contract between the City of Wylie and the General Telephone Company. SECTION 2. Notice is hereby given that it is anticipated that the implementation of such service will establish a collection fee per access line of approximately Ninety-three Cents (93') per month that will added to each telephone bill and will authorize the Company to act as a collection agency for the City. SECTION 3. Citizens are requested to respond in person at the public hearing or by letter addressed to the City of Wylie, P. O. Box 428, Wylie, Texas 75098. 's^i" y�, x�:.'�-"�� Er?�" y�, K"' ,yam " ° � » w+ I z+xa`�`+" " 4� 777 a nv s u # + rtMAO' A de �W 4 .nt' r . F� `'? :. • SECTION 4. The City Secretary is directed to publish this resolution in the official new ireaper of the City at least ten (10) days prior to the date set for the public hearing, to distribute copies of this resolution to all persons requesting the same, and to post a copy hereof on the official bulletin board of the City at least ten (10) days prior to said public hearing. DULY PASSED by the City Council of the City of Wylie, Texas, on the /3'/A/ day of /1.12 ,IP'i , 1987. APP • ; MAY #k y,,,o lF91"►rw„y ATTEST: SEAL �' `{-P� ITY E ARY 3,r qn n Uinottov- { K Nit 4pp // b AGREEMENT AND APPLICATION FOR EMERGENCY NUMBER SERVICE (911) FEATURES AND ASSOCIATED EQUIPMENT THIS AGREEMENT is entered into between GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, a Delaware corporation, hereinafter referred to as "GTSW" and the City of Wylie hereinafter referred to as "Customer . " WHEREAS GTSW is a public utility conducting telecom- munications business in the State of Texas and in the City of Wylie, Texas WHEREAS pursuant to its obligation to provide telecom- munications services to its subscribers within its certificated service areas , GTSW has built a telecommunications system con- sisting of poles, wires, cables , conduits, and other facilities in the City of Wylie, Texas . WHEREAS Customer desires to have GTSW provide Emer- gency Number Service (911) Features and Associated Equipment for Customer ' s use in its provision of E9-1-1 Service to its desig- nated E9-1-1 Public Safety Answering Point Service (hereinafter referred to as "PSAP Service" ) . WHEREAS GTSW is willing to furnish, install , and main- tain said features and equipment subject to the terms and condi- tions contained in its approved tariff . AGREEMENT AND APPLICATION - Page 1 NOW, THEREFORE, it is mutually agreed between the parties as follows : 1 . This Agreement is entered into between GTSW and Cus- tomer and provides for provision of equipment and facilities by GTSW to Customer for the Customer ' s use in its efforts to receive reports of emergencies by the public in Customer ' s designated service areas . 2 . GTSW agrees to furnish Customer equipment and facil- ities in accordance with its tariff , and Customer agrees to be bound by the charges , terms , conditions, and rules contained in GTSW' s tariff . The contents of GTSW' s tariff, including rates, remain subject to change . 3 . The actual charges for the provision of equipment and facilities by GTSW will be those contained in GTSW' s tariff(s) at the time the equipment is actually instal- led, and will be based upon the final configuration of Customer ' s E9-1-1 Network, and the equipment and lines provided by GTSW to Customer in conformance with Customer ' s configuration. 4 . The service is provided solely for the use and benefit of the Customer; and the provision of such equipment shall not be interpreted, construed, or regarded as AGREEMENT AND APPLICATION - Page 2 being for the use or benefit of or creating any obligation of GTSW toward or any right of action on behalf of any third person or other legal entity. 5 . Customer will be responsible for implementation and ongoing administration of all E9-1-1 data management associated with its E9-1-1 Service. THE CUSTOMER' S RESPONSIBILITIES INCLUDE, but are not limited to : a) Identification of Customer boundaries for police, fire, and emergency medical services and for providing this information to GTSW on the forms provided by GTSW. b) Coordinating the accuracy of the MSAG infor- mation used to update the ALI data file and to advise GTSW of any changes in street names, establishment of new streets, changes in address numbers used on existing streets, closing and abandonment of streets, changes in local jurisdictional boundaries, annexa- tion, or any other matter that will affect the routing of the E9-1-1 call to the Customer ' s PSAP. AGREEMENT AND APPLICATION - Page 3 /ft Changes , deletions, and additions which Customer desires to have made in the MSAG file should be submitted to GTSW on an "as occurred" basis . GTSW will process MSAG file changes . MSAG file changes are to be forwarded through the Customer to GTSW at the following address : GENERAL TELEPHONE COMPANY OF THE SOUTHWEST E9-1-1 Coordinator/MSAG P.O. Box 1001 San Angelo, TX 76901 6 . MSAG updates will be processed by GTSW as quickly as reasonably possible after receipt of information from the Customer . The ALI data file will be updated as quickly as reasonably possible following completion of the order for service on an every business day basis . The Customer will be notified of the change on the PSAP administrative printer by a "flag" on the affected customer record. This will indicate to the Customer that a new assignment may be necessary for the appropriate emergency response agency as well as a transfer of other pertinent information for that location. AGREEMENT AND APPLICATION - Page 4 /' 7 . If, prior to the date on which this service is available and accepted for use by Customer, the Customer cancels all or any part of its request for the service, Customer shall pay to GTSW an amount of money as provided below in subparagraph (a) or (b) , whichever is less : (a) Any and all costs expended or committed for the installation and removal of said equip- ment and facilities, including but not limited to, labor costs, engineering and supply expenses, and costs for equipment and facilities less salvage value, or (b) The total applicable nonrecurring charges as noted on Attachment A. 8 . If Customer shall default in the payment of any amounts due hereunder or violate any other provision in this Agreement, and if such default or violation shall continue for thirty (30) days after written notice thereof from GTSW, GTSW may terminate this Agreement forthwith by written notice to Customer . 9 . In the event of termination of all or part of the Agreement by Customer prior to the expiration of the contract period, Customer agrees, binds , and obligates AGREEMENT AND APPLICATION - Page 5 ,/6 itself to pay the unpaid balance of the Level A charges as contained in Attachment A. 10 . The parties hereto further agree that the inservice date for the service covered by this Agreement shall be on or before April 1 , 1988 , in the absence of the occurrence of any delay occasioned by events or factors which are beyond the control of GTSW. This date requires the Customer to deliver all MSAG information to GTSW on or before December 1 , 1987 . 11 . All equipment furnished by GTSW hereunder shall remain the property of GTSW. The Customer shall be respon- sible for all loss or damage to the equipment fur- nished under this Agreement while in the possession of the Customer except that damage which is caused by GTSW. 12 . Where service or equipment is available under this contract for use in connection with customer-provided communications systems provided by the Customer, the operating characteristics of such systems shall be such as not to interfere with any of the features or equipment offered by GTSW. Such use is subject to the further provisions that the systems provided by the Customer do not endanger the safety of GTSW' s employees or the public; damage, require change in or AGREEMENT AND APPLICATION - Page 6 /7 alteration of , the equipment or other facilities of GTSW; interfere with the proper functioning of such equipment or facilities; impair the operation of the telecommunications system, or otherwise injure thepublic in its use of GTSW' s services . Upon notice from GTSW that the system provided by the Customer is causing, or is likely to cause, such hazard or interference, the Customer shall make such change as shall be necessary to remove or prevent such hazard or interference. The Customer shall be responsible for the payment of all charges for visits by GTSW to the Customer ' s premises where a service difficulty or trouble report results from facilities provided by the Customer . In instances where the trouble is deter- mined ( in a timely manner) to be caused by equipment or facilities provided by the Customer , a service charge in accordance with GTSW' s approved tariff will be applicable. In instances where GTSW' s personnel are required to be at the Customer ' s location for extended periods of time for purposes of testing, troubleshooting, or any other work in connection with the Customer ' s equipment or facilities , the Customer shall be billed the actual cost for time, materials, etc . , expended on that particular call out . AGREEMENT AND APPLICATION - Page 7 /8' 13 . Additions , modifications , or removals of features or equipment components will be made by GTSW at theCustomer ' s request . Each such addition, modification, or removal will be subject to the charges and rates set forth in GTSW' s approved tariff at the time the work is performed. 14 . Neither ANI nor Automatic Location Identification (ALI ) will be provided on calls placed over four-party or rural lines . Central Office identification is provided in lieu of ANI and ALI . 15 . GTSW CRB records are confidential and proprietary. The Customer will maintain the confidentiality of these records and will establish controls to ensure this information is only used in connection with the Customer ' s provision of E9-1-1 service. 16 . GTSW will provide maintenance for Customer ' s E9-1-1 service on a two (2) hour response time, twenty-four (24) hours a day. Customer will be provided the names of GTSW personnel to notify when emergency repair is required for Customer ' s E9-1-1 service. 17 . This Agreement shall be in effect for an initial period of Sixty (60) months after the cutover of the service. After this initial period, the contract shall be automatically renewed annually for an AGREEMENT AND APPLICATION - Page 8 additional twelve ( 12) month period unless either party notifies the other of its intent to terminate ninety (90) days before the anniversary date. It is expressly understood and agreed that recurring monthly charges will begin immediately upon cutover of the system. 18 . GTSW and its duly authorized agents and employees shall have the right of ingress and egress where said facilities are installed for the purpose of inspect- ing, maintaining, and repairing said facilities and for all other purposes necessary to the performance of this Agreement . 19 . The failure of either party to enforce any of the provisions of this Agreement, or a waiver thereof in any instance, shall not be construed as a general waiver of relinquishment on its part of any such provision, but the same shall , nevertheless, be and remain in full force and effect . 20 . Customer agrees to comply with all applicable Federal , State, and local laws, regulations, and codes in the performance of this Agreement . 21 . Requests by Customer over and above those specified in this Agreement shall be charged to Customer, as incurred by GTSW, on a time and materials basis . AGREEMENT AND APPLICATION - Page 9 22 . All notices or other communications hereunder (other than MSAG file changes) shall be deemed to have been duly given when made in writing and delivered in person or deposited in the United States mail , postage prepaid, and addressed as follows : To Customer To GTSW City Manager Operations Manager City of Wylie General Telephone 108 South Jackson Company of the Wylie, Texas 75098 Southwest 2201 Av. I Plano, Texas 75074 The address to which notices may be given or made by either party may be changed by written notice given by such party to the other pursuant to this paragraph. 23 . The terms of this Agreement, and each of them, cannot be waived, altered, or amended unless the same be consented to in writing by the parties hereto . 24 . This Agreement contains the entire agreement of the parties with respect to the service described herein, and no other Agreement, statement, or promises made by any party, or to any employee, officer, or agency of any party, which is not contained in this Agreement shall be binding or valid. AGREEMENT AND APPLICATION - Page 10 IN WITNESS WHEREOF, said parties have caused this Agreement to be executed in their behalf as of the date indicated below. GENERAL TELEPHONE COMPANY OF THE SOUTHWEST BY: BY: JAMES A. SPRIGGS Title: Vice President - Title : Field Operations Date Date Approved As To Form: DEBORAH MILLER ATTORNEY Date AGREEMENT AND APPLICATION - Page 11 I2 Staff Report to Mayor and City Council DATE: SUBJECTSPECIFICALLY POLICE COMMUNICATION NO: oz.11-18-87 EQUIPMENT In the effort to get moved to the new City Hall we were trying to get the police radio equipment moved under the erroneous presumption that the cost would be less than the amount required to be submitted for open bids. As the attached correlation of the received bids shows we were in error. Therefore the request for authorization to advertise for bids in order to move this vital equipment. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL ROY FAIRES FOR ADD.INFO. CONTACT: OTHER: ROY FAIRES 2 DATE: November 16, 1987 SUBJECT: Tower Bids TO: John Pitstick/City Manager FROM: Roy Faires/Building Official Frequency Coordination $ 450. 00 (pd> OPTION 1. Bid Tower only with Base $ 4995. 00 Plano Communication Equipment Move 4444. 00 TOTAL $ 9439. 00 OPTION II Plano Communication Base by City $ 250. 00 Tower 5400. 00 Move Equipment 4444. 00 TOTAL $10, 094. 00 OPTION III City does Base $ 250. 00 Con Building Moves Tower 1800. 00 Plano Moves Equipment 4444. 00 TOTAL 6494. 00 Recommend OPTION III MEMORANDUM TO: John Pitstick, City Manager FROM: Ron Homeyer, Assistant City Engineer DATE: November 18, 1987 SUBJECT: NORTEX GROUND STORAGE SITE ELECTRICAL The Nortex Ground Storage Site is currently out of service due to the absence of electrical service. I have received one preliminary cost estimate for installing the main breaker panel and all associated interior wiring for approximately $8, 600. 00. This cost may appear excessive, but the ultimate electric service has been designed for the ultimate electrical demand to avoid the need for totally replacing the service in the future. Because the cost will probably exceed $5, 000. 00, I am hereby requesting the authorization to seek bids for the electric service installation. Please include this requst on the next City Council Agenda. REQUEST TO BE PLACE ON AGENDA Date of next Council Agenda l � 1 yy `_ %• , wish to speak to the City Council for the reason listed below: c• yt � �� ri� � .-rcf— Thank you, Signature Street City, State Zip Code • -� Phone Number November 18 , 1987 Dear Mayor Trimble , As the current sign ordinance stands , it makes it impossible to market our beautiful apartment community "The Rustic Oaks" adequately. With the limited use of signage allowed we are unable to promote and recruit new residents to our property, and to the Wylie area . This ordinance currently limits Wylie ' s growth potential for new business and new citizens . We propose a change in the ordinance for the good of Wylie and its ' residents . Sincerley, PERFORMANCE PROPERTY MANAGEMENT CORP. Acz-7/Jca-e-v. MIKE J . PLISOWSKI , CPM PRESIDENT PROPOSED PRIORITY STREET LIST SPRING 1988 *********************************************************** STREET NAME CONDITION TRAFFIC ASSESSMENT VOLUME POTENTIAL *********************************************************** 1 CALLIE COURT POOR LOW HIGH 2 BIRMINGHAM POOR HEAVY AVERAGE HWY 78 - S. BALLARD 3 BROWN POOR HEAVY AVERAGE BALLARD - HWY 78 4 SECOND POOR MEDIUM AVERAGE BALLARD - FIFTH 5 MARTINEZ POOR HEAVY AVERAGE HWY 78 - ALANIS 6 SOUTH BALLARD POOR HEAVY LOW BRIMINGHAM - CITY LIMITS 7 BUTLER POOR HEAVY LOW HWY 78 - HILLTOP 8 OAK POOR MEDIUM LOW COTTONBELT - HWY 78 9 MASTER POOR LOW LOW BALLARD - FIFTH 10 COTTONBELT POOR LOW LOW FLEMING - OAK CONDITION SCALE POOR GOOD EXCELLENT TRAFFIC SCALE ASSESSMENT SCALE LOW AVERAGE HIGH 2,9 RESOLUTION NO. 87-11-24-87-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ESTABLISHING A POLICY FOR STREET RECONSTRUCTION PROGRAM THROUGH ASSESSMENT WHEREAS, The City of Wylie anticipates a future need for an assessment program for reconstruction of streets, WHEREAS, The City Council feels it is appropriate to set up a assessment program with a priority list , WHEREAS, It is the desire of the City Council/City Staff to proceed with this assessment program without further delay and anticipate beginning in the Spring of 1988 , NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 That the City of Wylie will be responsible for one-third (1/3) of this assessment program which may include in-kind service, such as labor , equipment, engineer services, and administration, SECTION 2 That the property owners will be responsible for two-thirds (2/3) which will be one-third (1/3) per each side of the street, DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THE DAY OF , 1987 . Chuck Trimble, Mayor ATTEST : Carolyn Jones , City Secretary 30 is hereby fixed during those hours at 20 miles per hour, which speed is determined and declared to be the maximum reasonable and safe speed for motor vehicles traveling upon said street, and no vehicle shall be operated along or upon any portion of said street in excess of such speed. The City Manager or his representative is directed to erect an appropriate sign giving notice of the speed zone established by this section. SECTION 6. That Ordinance No. 87-52 and all other ordinances in conflict herewith are hereby repealed. SECTION 7. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION B. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of Wylie, Texas, shall be punished by a fine not to exceed the sum of FIVE Hundred Dollars ($500. 00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cased provide. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of _ , 1987. APPROVED MAYOR ATTEST: CITY SECRETARY ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 78-17 BY AMENDING SECTION 20c TO PROVIDE TRUCK ROUTES ON BROWN STREET, BALLARD STREET, STONE STREET, AND STATE HIGHWAY 78; AMENDING SECTION 20b TO PROVIDE FOR COMPLIANCE WITH TRUCK ROUTE REQUIREMENTS BY ANY MOTOR VEHICLE WITH A RATING OF OVER TWO (2) TONS; PROVIDING EXCEPTIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500. 00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Ordinance No. 78-17 be, and the same is hereby, amended by amending Section 20b to read as fellows: SECTION 20. TRUCK ROUTES b. Compliance Reguired. It shall be unlawful for any motor vehicle with a rating of over two (2) tons carrying capacity and/or any truck trailer or tractor trailer having a carrying capacity of over two (2)tons to use, travel upon, or be driven over arty street, avenue or highway within the City not designated in this section as truck route, provided however, that if the point of origin or destination of a commercial vehicle shall be off such truck route, then such vehicle may proceed by the shortest possible route to or farm its destination to the nearest truck route and provided further, that this restriction shall not apply to emergency vehicles as that term is defined by law, by public service vehicles of a governmental agency, or by service trucks of a public utility conducting arty operations on any street other than the truck route. SECTION 2. That Ordinance No. 78-17 be, and the same is hereby, further amended by amending Section 20c to read as follows: SECTION 20: TRUCK ROUTES c. Truck Routes. The fallowing streets and parts of streets are designated as truck routes for purposes of this section: NAME OF STREET LIMITS Brown Street West of Ballard St. Ballard Street North of Stone St. Stone Road East of Ballard St. to W. A. Allen Blvd. FM 544 South of Stone Rd. State Highway 78 At all points within the City limits 1378 North of Kirby FM 544 (Kirby) West of HWY 78 8anden Blvd. South of Kirby to HWY 78 Spring Creek Pkwy From HWY 78 North & West of HWY 78 to Ballard SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of Wylie, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars <$500. 00> for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and carter in such cases provide. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1987. APPROVED: MAYOR ATTEST: CITY SECRETARY MEMORANDUM DATE: November 19 , 1987 TO: John Pitstick. City Manager FROM: Ron However . Asst. City Engineer SUBJECT: Plat and/or Plans Approval WESTGATE INDUSTRIAL PARK The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Plat to Planning and Zoning ❑ Preliminary Plat to City Council ❑ Final Plat to Planning and Zoning Q Final Plat to City Council ® Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivision acceptance along with final inspection statement COMMENTS : Planning and Zoning has recommended approval of this final plat and construction plans RH/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File 1/4.36 . . SAINT Louts a S°UWE THST _ . _._ ___ fa...ruler,dee,r tryed as !or b.* . -—------ • . _______ E, RN. ILIIGAL .._ i.Vol.1152.Pg. 562 in the Collin County Deed Record..and alao being lorejI ted me me 1 la rho north MOM line of Fe 11...d 544, . . : •••• •' ____,,,,,R,I.__ - - . nrie.karrh,I eitill.ICArt 65 22 _____ __ __Lii,7,,, - ----' ' -F IV I gee.ALL MIN AY TWA. e TN ...iNli: ESCF II 01 48, 12.t I13.21 feet to a poi.. fic the'tooth Pr,/tr,oi the...‘ .,..ih:,....:4,,.,....:::•..- :T.:::,:•,..,::,,,„:,..-..,,_,,,,::::.„7.,:„:,:,,, ... to an iron pin for e corner: SIMNEL M 117'09. in.f 101.14 fee,along fr,...cr.Kt,line vf geld rail,. -•, --C'I. I properly - liti4.4e rs in.I...etre I A Ion In As cord.,•w I th 741141r I ne ilk , 1 416' PALACE 5 Ola 41. 32.••820.115 hoc r. ,•• . •••• r Ay:pints,.„,,bonterici, . . a a ..!!!!'......:.!..•.'n,. II) , 14.512*dreg of lend more or lees. 1 ..)&•Vrs....... , :,-• f . 1 4‘klii,t,f" )"' if? • 1.71 ST•TE OF TABIAS COUNTY OF Del.rei -, • ODD TNEAEFONE,EllOir ALL NEN BY MST PILESENTS: That LDA LAfpofarlon dogma heron.error,r.,,,,....r.,agorsParrr,Lfre f'gr•lY AY.. Adler*me.tee un....Silenced•uthority.A grmt•f•,ar,alf` f••.r or...fig. rieseelbred property 64 e.t.a,leduerrial Peri an edriftlfm to the City e,Dili, c rereenally appeared Jerry W.land,luinagn to ne to De .....and do hereby dedicat•• te fem wimple. to the puhlic use forever she.....te had to the foregoing inetrumeet dud aohnooledard e.' the p.....whose.•••••i•AnneeVi ,,pure...,and eoporderettone therein espr•••••.1 end alleys shown thereon. rho eagementy ah,,n 0,re,,ate herebe regerved for F1,W to••••that he eirecer..1 rhe imme 1 the pure..Incilbeteci. Ihe...ill,.nd tire lane eaeements shall be open to bMt • I • eV "".""'.'"' '"'!AlnielAWOF OFFICE this,2,f,_deY of Cbtdi VI . I .1 '.-1 tea public.fire and police unit,somber,and rubbleh collection Agencies,and all public and private utilities tor each 6:reticular use. The maintenence or paving on the utility and fir*lene ecemen, is the responsibility of the prop- ! • %'LACL.iic) \jS.2,,, . ere,owner. No building, fen,rui, tree,ehruha or other iriptov•ments or prOkith• ,,,....,.i:.... .;.: . (7.449 ACRE) . (5.899 ACRE) ll *hall heve the right to remove and tree removed 411 or pare•Of any bun..., LOT o1/4• 0 N .... "c• 'eF 144 .unty.Motery Public In and for..14,. - &hell be conetructed, reconern•ted or place upon,over or aerate the emerge. es shown. Said•••enern t•being hereby reserved th•mutuel use and•cbomeudat foe ot all public utilitier.urrins.r dr,frIng to free Asee. All,and any publir utilitY fences.tree,shrubs or othet Improvements of growths which in any migy MAY 444•11••• I \\ C AVE NO I t•246 79' 1 C, . l ' 4 , • . • or.....fere with the construbrion.mainednance or efficiency of lee respective eystee on the el...events and al, puhir. vtilfring shall ar•Il rime.have the full rights of Ingres.and......to or froe and upon the seed easements for the pur- pose of conetructind.reconstructing.Inspecting.petrol...,eaintaining mid meters end any maintenence or service rouutred or ordinarily performed by thet utility/. sent err,,•Ino .onveged tor rnbrallation and maintenance of manhole,rieanout, . • , adding to or removing e or paste of les re dfur sp•ctive eyeteas without the necesaity ) 1 .• at any time ot procuring the pereisslou ot anyone. (Any public utility shall have the',At,of ingress and......to private property fur the purpose of reading e Water mein en.sanitary sewer easements 0..11 Also include additional ere..nf (:;k3 I'• m A): • 1 I F•471.33' 1. • c..1 % NIf: R fl tg- '011 CURVE "1,Prosed for C......Arian- NO.3 •536.3.3' L•zeo,a2 T• 143.71' •SO. t,11 S c Mayor,CityTr., I • - ert• fire hydrants,.....ear-vice.•Ad veuer services frum the main to the burl,or This plat approved subject to•Il ordi tk rulea. regulations end reeolutrons of ttre vIty of Wy plArtnA nAn,e,. lie,Teya, WITNESS,my hand at Cells,lx ,...t dr,nf_s_lpiT• . 1982. C.......a..• ___ • . . • ..., .1tecomeeeded For Approval. STATE OF TLEAS: conar OF DALLAS: . . .. •7.:),bbIc., . Before me.che undersigned authority.a Votary Public in,64,.. ior Dallas C.uncy, ' I •Irman Plana. end Elm Comm• ov Cb . a leg 1 sl City of Wylie.Tex. Det• . T.....on this clav personally.......d ___Q.Aerj..sm___ Oginie,lendiet. known to me En be the person whose nese is euhecribed to the toregolni inscrunctit and Absnowledged co ea that he executed Di Approved snd Accepted the same tor the purposes and conaiderdtions therein expreaaed And in the capacity therein etetag. CURVE NO.2 s 1W ' GIVEN cmRgit..w..4o AND$EAL Di ,r1cE[hie jC) dr,ofirLAVIST.ic \ R•536.33' \IC Mayor.City of Wylie...... Date a L-aao.e2' 1 The undereigeed,the Clty Secret•ry of the City of Wylie.......hereby certifies that s T• 143.71' the forepoing final plat of[he -Nth.4I-Ani ,:1-.5-E-iug lb.k5 abl7iTY,TEXAS I SubdIvialon or Addition tu the City of Wylie tame...Witted to the i ley Count-II on the CURVE NO.4 El•30. le then ang eldr:%*faccepfed tee de-AiratIo6 of--ATI )476..:fl ::.'::7k::•e:S: ement,public ...Ir.• s 1 A . R•471 33' L•246.79 O. 29 - O.30. places.end water and sewer Ilne,are shown and get forth in end Upon nerd plat,an geld Council further authorized the Mnyor to note the...entre..•therm i by slAnine 'his nem.as hereirielrove auger rlbed. d ‘')'•)ZI..........-...0I/ ',4,..:E!:........ • , •. . - .7,.•-.1 : : ,, • i idleness ey hang thI• , day of . ieggeb,* •-•'::: I W ; . FINAL W City Per.....y City of Wylie,Poxes PLAT OF , • i • eit ‘AG WESTGATE INDUSTRIAL PARK ,-.. •• 1 -2 AN 14.532 ACRE TRACT ti..1 ._.,.,2,9. 6,i00. d . 232 le' _.. OUT OF THE E.C. DAVIDSON SURVEY ABSTRACT 266 CITY OF WYLIE w.,. N 88.43'12"W 799.37' ' ... COLLIN COUNTY, TEXAS ..r''' .... 4:. N OWNER LEON BENC6 , ./ ----F.-NI—. 5-44- - KIRBY - VENUI- (;?n.RINI , - . , ___ L 1.4 El CORPOPATION I, . . MISSION TEXAS ,. -74 15i )696 26 ._. . _ENGINEER .„ ,. •,•.• I.,1 r SO UAL LAS, TF x AS - I , Staff Report to Mayor and City Council DATE: ' SUBJECT: NO: 11-18-87 AMBULANCE SERVICE AND PROPOSED CONTRACT Particular interest has been put on the City' s Emergency Ambulance Services regarding level of service and the ability to cover a large area in southeast Collin County. The City of Wylie currently has a $101 ,000 budget that includes two (2) full time employees,and several parttime employees manning two BASIC LIFE SUPPORT AMBULANCES. REDUCING LIABILITIES OUTSIDE CITY LIMITS OF WYLIE An immediate concern are the liabilities in areas outside the City for emergency ambulance services . We are currently receiving $16 ,000 annually from Collin County to serve a large county area. The costs and liabilities of this service are too great outside City Limits for the subsidizing we receive. In addition , as far as I can determine no written contract or agreement has been established requiring the City of Wylie to cover these areas . An attached letter has been written to Bob Lindby, Director of Administrative Services for Collin County, that states the City of Wylie will be discontinuing all ambulance services outside the City limits effective January 1 , 1988 . We have told Collin County to discontinue subsidy payments effective January 1 , 1988 . This will assure that the City will concentrate all ambulance efforts within the City limits and act responsible to the citizens of Wylie . BASIC LIFE SUPPORT VERSUS ADVANCED LIFE SUPPORT The City of Wylie has received several complaints regarding the level of services offered to citizens for emergency ambulance services. Currently the city offers Basic Life Support (BLS) services through the City. Basic Life Support requires immediate response in emergency situations with no major medical treatment at the scene. Basically our ambulances pickup individuals and transport them to the nearest hospital for treatment. Under Basic Life Suport an injured person is not stabilized and not administered any drugs or injections . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL John Pitstick, City Manager FOR ADD.INFO. CONTACT: OTHER: John Pitstick, City Manager DATE: SUBJECT: NO: PACE 11-18-87 AMUBLANCE SERVICE AND PROPOSED CONTRAc7 2'-OF _2_ The next level of service is Advanced Life Support (ALS) which requires a beefed up ambulance that carries drugs, equipment and telemetry of vital signs to a qualified doctor so a person can be stabilized at the scene and then transported to a hospital . Fully trained Paramedics are also required to administer (ALS) Advanced Life Support. To increase our level of service from (BLS) Basic Life Support to (ALS) Advanced Life Support would require a substantial investment in manpower , ambulances, equipment and medical protocol over and above the $101 ,000 budget. It is my opinion that the City of Wylie is not totally capable of providing ALS at this time because of lack of funds, manpower and administrative support. I also feel that the citizens expect an ALS service. PROPOSED CONTRACT FOR AMBULANCE SERVICES Considering the above background, staff has been actively seeking to contract out our emergency ambulance services and also to increase our current service level from BASIC LIFE SUPPORT to ADVANCED LIFE SUPPORT. We have discussed a tentative agreement with Lifeline Christian- Care Ambulances. They are a young firm that currently has a contract to provide services for north Dallas County. They offer a full ALS service with all medical control and dispatch through Methodist Hospital . A proposed agreement is included that sets a two (2) year contract for Lifeline as the provider of ambulance services in Wylie; Minimum standards for Advanced Life Support immediately; the first year subsidizing is covered through the city relinquishing two ambulances and all equipment; all fees are approved by City Council; emergency response is 8 minutes, non emergency response is 15 minute throughout the City. This agreement would be a way to accomplish contracting out of our ambulance services at a higher standard and still initially save the city money. We are prepared to discuss all options during City Council discussion. If City Council feels uncomfortable regarding this agreement I would suggest a formal request for proposal be developed . This process would take approimately six (6) months to develop proposals , review proposals and work out an agreement with an appropriate firm. It is my feeling that the time, costs, and service level savings substantiate immediate negotiations with Lifeline. V / _ * die CITY OF WYLIE 108 S. JACKSON ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 November 10 , 1987 Bob Lindburg Director of Administrative Services Collin County Courthouse McKinney, Texas 75069 Re: Collin County Ambulance Districts Dear Mr . Lindburg : Please be advised that the City of Wylie is in the process of contracting out emergency and transfer ambulance services within the City of Wylie, and has chosen to discontinue all ambulance services outside the city limits, effective January 1 , 1988 . The City of Wylie is currently receiving $16 ,000 annually from Collin County for ambulance services in the southeast quadrant of the County, including county areas near Lucas, St . Paul , Wylie, Lake Ray Hubbard, Lavon, Royse City, Josephine and Copeville . The costs and liabilities associated with this service are too great for the limited subsidy received from the county, and we feel Wylie citizens should not be responsible for subsidizing ambulance services outside the City of Wylie. We hope this action does not cause an undue burden on Collin County, but feel we must act responsibly to the citizens of Wylie. Please discontinue all ambulance subsidy payments effective January 1, 1988. If you have any questions, please call me. Sincerely, Joey: tA John Pitstick City Manager JP/cw cc: Judge Berry County Commissioners LIFELINE CHRISTIAN CARE AMBULANCES, INC. AMBULANCE SERVICES PROPOSAL - 2 YEAR CONTRACT WITH CITY OF WYLIE AS EXCLUSIVE PROVIDER OF AMBULANCE SERVICES BEGINNING MONDAY, DECEMBER 14, 1987 - IMMEDIATE ADVANCED LIFE SUPPORT FOR ALL EMERGENCIES - PERFORMANCE GUARANTY OR BOND - HOLD HARMLESS AND INSURANCE REQUIRED - LIFELINE IS RESPONSIBLE FOR ALL HIRING OF EMPLOYEES, DISPATCHING, BILLING AND COLLECTIONS - CITY ONLY DISPATCHES 9-1-1 - FIRST YEAR SUBSIBY IS COVERED THROUGH THE RELEASE OF 2 AMBULANCES AND EQUIPMENT BY CITY TO LIFELINE - 90 DAY TERMINATION NOTICE - (IF LIFELINE TERMINATES BEFORE 6 MONTHS, CITY RECEIVES 2 AMBULANCES BACK - IF LIFELINE TERMINATES BEFORE 1 YEAR, CITY RECEIVES 1 AMBULANCE BACK) - EMERGENCY RESPONSE - 8 MINUTES - NON-EMERGENCY RESPONSE - 15 MINUTES - ALL FEES APPROVED BY CITY COUNCIL - CITY MANAGER IS DESIGNATED LIAISON BETWEEN CITY AND AMBULANCE CONTRACTOR - MONTHLY RUN STATEMENTS REQUIRED TO CITY - ANNUAL FINANCIAL STATEMENT TO CITY POLICE DEPARTMENT IS NOTIFIED OF ANY UNUSUAL CIRCUMSTANCES 1/ LIFELINE CHRISTIAN CARE AMBULANCE , INC . 5353 MAPLE , SUITE 200 P . O . BOX 35033 DALLAS , TEXAS 75235 MEDICAL CONTROL-PROTOCAL METHODIST HOSPITALS OF DALLAS MEDICAL DIRECTOR DR . DUNN ,M . D . CERTIFICATE OF INCORPORATION LIFELINE CHRISTIAN CARE AMBULANCES , INC . CHARTER NO . 1033384 MARCH 30 , 1987 DALLAS COUNTY AMERGENCY CONTRACT 601 ELM COUNTY DALLAS , TEXAS BID NO . 87-380 DATE . 10-5-87 DCFRS%DALLAS COUNTY FIRE MARSHALL CARE OF JIM BADGET FIRE MARSHALL REQUISTITION NO . 217-88-002 PURCHASE ORDER NO . 74471 WYLIE COMMUNITY HOSPITAL CONTRACT OCTOBER 21 , 1987 fe21 LIFELINE CHRISTIAN CARE AMBULANCE , INC . 5353 MAPLE , SUITE 200 DALLAS , TEXAS 75235 DATE : NOVEMBER 15 , 1987 TO : CITY OF WYLIE , TEXAS SUBJECT : EMERGENCY MEDICAL SUPPORT SERVICE ADVANCED LIFE SUPPORT A . L . S . FEE : $157 . 00 pick-up $ 15 . 00 owygen $ 25 . 00 lifepack 5 E . K . G . monitor $ 35 . 00 telementry EMlink DRUGS $232 . 00 TOTAL EMERGENCY MEDICAL SUPPORT IV FLUIDS AS PROTOCALS EOA/ET TUBES WITH LARYNGOSCOPE BLADES DEMAND VALVE OXYGEN UNIT IV CAYHETERS BUTTERFLIES AS PROTOCAL PRESCRIBES 50% DEXTROSE E . K . G . MONITOR DIFIBRILLATOR DRUGS MEDICAL TREATMENT PROTOCAL TELEMENTRY NON-EMERGENCY BASIC LIFE SUPPORT FEE : $120 . 00 pick-up $ 15 . 00 oxygen $135 . 00 TOTAL MILAGE $3 . 00 a mile ROUTINE TRANSFER FOR WYLIE HILLCREAST NURSING HOME $110 . 00 flat rate to Wylie Community Hospital 1 $110 . 00 $2 . 00 a mile any other facility , -'. I ' k • r - . Al 4f * . ,,,.; r; (TexasVal r stafr af SECRETARY OF STATE CERTIFICATE OF INCORPORATION OF LIFELINE CHRISTIAN CARE AMBULANCES, INC. CWRTER_ NO. 1033384 The undersigned, as Secretary of State of the State of Texas, hereby certifies that Articles of Incorporation for the above corporation duly signed and verified pursuant to the provisions of the Texas Business Corporation Act,have been received in this Office and are found to conform to law. ACCORDINGLY the undersigned, as such Secretary of State, and by virtue of the authority vested in the Secretary by law, hereby issues this Certificate of Incorporation and attaches hereto a copy of the Articles of Incorporation. Dated MAR_ 30 -- l9.__$_7- ( CELL i\A alit:01g Secretary of Same N. OiN •1f \\\ ,, % '(.0 . : �'; S� ceb fit • di %• '•.tea•• .4"• DESCRIPTION OF AMBULANCE SUPPORT SERVICES PROVIDED BY METHODIST Medical Control . During the _ Term of this Agreement, Methodist will provide on-line medical direction and other medical control to the Company 's emergency ambulance service on a continuous , 24-hour basis on each day of the week. On-line medical direction and other medical control will be provided by Methodist, using established guidelines and medical protocols through voice contact and, if possi- ble, appropriate cardiac telemetry signals between the emergency physician on duty in the Emergency Department at Methodist Medical Center in Dallas , Texas , and a representative of the Company's emer- gency ambulance service. During the Term of this Agreement, Methodist will also provide the Company 's emergency ambulance service with off- line medical direction and other medical control . Such off-line medical direction and other medical control will utilize established guidelines and treatment protocols to monitor and evaluate the quality of patient care provided by the Company ' s emergency ambulance service. For the purpose of providing such off-line medical direction and other medical control , Methodist will maintain an advisory board, consisting of the Director of Emergency Services at Methodist, a physician in the Emergency Department at Methodist Medical Center, the Chief Flight Nurse of CareFlite, the Medical Director/Control Coordinator of Meth- odist, a paramedic employed by Care Ambulance, Inc. , a representative of the Administration Department of Methodist, and such other or different personnel as Methodist may determine to be appropriate. 2. 2 Formal Training. During the Term of this agreement, Methodist will , from time to time, provide all or a portion of the below-listed formal training courses for paramedic emergency medical technicians and basic emergency medical technicians employed by the Company 's Emergency Ambulance Service : Basic Paramedic Emergency Medical Technician Course Y 400 Hours Paramedic Emergency Medical Technician Refresher Course 80 Hours Basic Emergency Medical Technician Course 120 Hours Basic Emergency Medical Technician Refresher Course 40 Hours Methodist will not offer any formal training course unless a minimum of ten students can be enrolled therein. Continuing Education. During the Term of this Agreement, Methodist will offer the following continuing education courses and opportunities to employees of the Company 's emergency ambulance ser- vice : ( i ) Emergency Medical Services Seminar. At least twice each calendar year, Methodist will sponsor or conduct an emer- gency medical services seminar at Methodist Medical Center, at which participants may receive up to six hours of continuing education credit. ( ii ) Continuing Education Modules . At least six times each calendar year, Methodist will sponsor or conduct a continu- ing education module at a location mutually agreeable to Metho- dist and the Company. Each continuing education module will consist of a core course, one skill review program, and one N/A review and will enable a participant to receive two hours of continuing education credit. ( iii ) Patient Chart and Case Reviews . At least six times each calendar year, Methodist will sponsor or conduct, on an individual basis for employees of the Company's emergency ambulance service, patient chart or case reviews for which the participant can receive two hours of continuing education credit. ( iv ) Miscellaneous Continuing Education Programs . Metho- dist will permit employees of the Company' s emergency ambulance to attend or otherwise participate in miscellaneous adjunct continuing education programs for which participants can receive continuing education credit. These continuing education pro- grams , together with an indication. of the frequency with which such have historically been sponsored or conducted, include ( i ) the flight nurse education course, which has historically been sponsored or conducted twice each calendar year; (ii ) the Care- Flite patient case or chart review, which has historically been sponsored or conducted six times each year; ( iii ) the trauma mortality and morbidity conference, which has historically been sponsored or conducted on a monthly basis ; ( iv ) clinical rota- tion, which has historically been sponsored or conducted from time to time on an individual basis ; (v ) the medical and nursing in-service program, which has historically been sponsored or conducted on both a weekly and monthly basis . CITY OF WYLIE November 15 , 1987 Dear Wylie Citizen : As your new city manager , I want to express my appreciation for the warm welcome I have received here in Wylie. I have been fortunate to have met so many nice people in such a short period of time. One of my first priorities as city manager has been familiarizing myself with the city, and the needs and expectations of our citizens for Wylie ' s city government . Obviously, to talk to each person individually would take quite some time. Therefore, I would like to ask for your help. In cities where I have previously worked, a very good way of quickly establishing two-way communication with voters and taxpayers has been a canvass of residents to collect a variety of opinions , sugestions , and ideas about where they feel we should be, and where we are going. I would very much appreciate your taking a few minutes to complete and return this questionnaire. At the end there is a section for remarks . It is not necessary that you sign the questionnaire, although if you would like further information on a particular topic, we will need your name and address in order to respond . If you have any questions concerning filling out this survey form, please feel free to call City Hall at 442-2236 . Thank you again for your interest and support in the future of Wylie. If I have not already done so, I look forward to the opportunity of meeting you personally. Sincerely, John Pitstick City Manager CITY OF WYLIE CITIZEN COMMENT SURVEY The City Manager and City council are interested in knowing your opinions regarding city services and conditions within Wylie . We hope to be more aware of the needs of Wylie' s residents and quality of services the city is providing . By participating in the survey, you are providing input to your city leaders that may affect the future of Wylie . The survey is structured for a quick and easy response with self addressed postage for your convenience. Please circle the appropriate responses and return to the City of Wylie . I . CITY WIDE SERVICES First we would like for you to rate the quality of city services . Please circle the appropriate response. Office Below Use Excellent Adequate Average Only A. Police Services 1 2 3 B. Volunteer Fire Services 1 2 3 C. Emergency Ambulance Serv. 1 2 3 D. Inspection and Enforcement of Building Codes 1 2 3 E. Control of stray dogs, cats , & other animals 1 2 3 F. Streets & drainage 1 2 3 G. Traffic control 1 2 3 H. Water services 1 2 3 I . Sewer services 1 2 3 J. Parks 1 2 3 K. Library 1 2 3 L. Garbage pickup 1 2 3 M. General quality of life in Wylie 1 2 3 N. City employees 1 2 3 II . SERVICE LEVELS As you Know there will be an election in January to offer citizens a choice on whether or not to "roll back" their tax rate, thus reducing taxes and the amount of revenue the City of Wylie will receive from ad valorem taxes. 1 Office Do you feel elections like this one are: Use Only A Good Idea 1 Are Bad For The City 2 Don' t Know, Have No Opinion 3 If the election were to pass , which choices would you like to see the Wylie City Council make in order to reduce services to meet the amount of reduction such a rollback would cause. Please circle the appropriate response . Leave Office Cut Service Add Use Services As Is Services Only A. Police Patrols 1 2 3 B. Crime Watch Programs 1 2 3 C. Park Maintenance 1 2 3 D. Recreational Programs 1 2 3 E. Street Improvements & Resurfacing 1 2 3 F. Library Hours And/Or Services 1 2 3 G. Emergency Ambulance Services 1 2 3 H. Monitoring of School Crossings 1 2 3 I . Stray and Rabid Animal Control 1 2 3 J. Building and Health Inspections 1 2 3 K. Volunteer Fire Services 1 2 3 III . CITY WIDE CONDITIONS Now we would like to ask your opinion regarding general conditions within the City of Wylie, and whether you perceive problems that exist with the below conditions . Please circle the appropriate response according to whether you consider it no problem at all , a small problem, or a somewhat serious problem. Please circle the appropriate response. 5O Somewhat Office No Small Serious Use Problem Problem Problem Only A. Dilapidated Houses 1 2 3 B. Road Surfaces 1 2 3 C. Neighborhood Safety 1 2 3 D. Inadequate Sidewalks 1 2 3 E. High Grass & Weeds 1 2 3 F. Unkept Vacant Lots 1 2 3 G. Alleys 1 2 3 H. Litter Control 1 ' 2 3 I . Stray Animals 1 2 3 J. Junk Vehicles 1 2 3 K. Traffic Signals 1 2 3 L. Unkept Outside Storage 1 2 3 M. Landscaping Along Highways 1 2 3 N. Entryways To City 1 2 3 0. Business Signs 1 2 3 P. Truck Traffic In Neighborhoods 1 2 3 IV. WYLIE'S IMAGE A. How do you think other people in the metroplex feel about Wylie? B. What do you like most about living in Wylie? 5/ C. What do you least like about living in Wylie? D. Any other comments you would like to tell the City of Wylie . It is not necessary that you sign the questionnaire, although if you would like us to respond to a particular topic we would appreciate it . Name Address Phone �O� 1113ME11 GROUP Implementation Speciali is forGot'ernmental Planning&Engineering,and Legal Sen ices TEXAS SENATE BILL 336 REGULATING THE FINANCING OF CAPITAL IMPROVEMENTS THROUGH THE USE OF "IMPACT FEES" SECTION 1. Definitions SECTION 2. Authorization For Impact Fee SECTION 3. Procedures For Adoption Of Impact Fee SECTION 4. Use Of Proceeds SECTION 5. Refunds SECTION 6. Plan Update SECTION 7. Advisory Committee SECTION 8. General Provisions SECTION 9. Appeals SECTION 10. Storm Water, Drainage, and Flood Control SECTION 11. Exempt Transactions SECTION 12. Effective Date The following text of Texas Senate Bill 336 is provided as a service of THE 336 GROUP.For clarity, we have made minor changes from the original text such as re-aligning the outline and italicizing important passages. This text is provided for easier reading and better comprehension. THE 338 GROUP cannot be held responsible for typographical errors,structural errors,or misinterpretation by the reader for any reason.Official copies of the Bill can be obtained through the State of Texas printing office or through your attorney. SB 336 AS FINALLY PASSED AND SIGNED BY THE GOVERNOR AN ACT relating to financing of capital improvements by political subdivisions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. DEFINITIONS. In this Act: (1) "Capital Improvements plan"means a plan required by this Act which identifies capital improvements or facility expansions pursuant to which impact fees may be assessed. (2) "Capital improvement" means water supply, treatment,and distribution facilities; wastewater collection and treatment facilities; storm water, drainage, and flood control facilities;whether or not located within the service area, or roadway facilities, with a life expectancy of three or more years, owned and operated by or on behalf of a political subdivision. (3) "Facility expansion" means the expansion of the capacity of an existing facility which serves the same functions as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. "Facility expansion"does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. (4) (A) "Impact fee" means a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attribut- able to such new development. As used in this Act,the term "Impact fee"includes amortized charges as well as lump-sum charges and includes capital recovery fees, contributions in aid of construction, and any other fee which functions as described in this definition. (B) Impact fees do not include (i) dedication of land for public parks or payment in lieu thereof to serve park needs; (ii) dedication of rights-of-way or easements,or construction or drainage facilities, or streets, sidewalks,or curbs when such dedications and construction are required by valid ordinances and are necessitated by and attributable to the new development;or (iii) lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines; provided, however, no item which is included in the capital improvements plan shall be required to be constructed, except pursuant to Subdivision(2)of Subsection(H)of Section 2 of this Act, and no owner shall be required to construct or dedicate facilities and pay impact fees for the same facilities. (5) "Land use assumptions" includes a description of the service area and projections of changes in land uses, densities, intensities,and population therein over at least a 10-year period. (6) "New development" means the subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units. (7) "Political subdivision" means a city or town,whether operating under general law or under special or home-rule charter, a district or authority created under Article III, Section 52 or Article XVI,Section 59 of the Texas Constitution, or, for the purposes set forth in Section 10 of this Act, certain counties described in Section 10. (8) "Roadway facilities" means arterial or collector streets or roads which have been designated on an officially adopted roadway plan of the political subdivision, together with all necessary appurtenances, but does not include any roadways or associated improvements designated on the federal or Texas highway system. (9) "Service area" means the area within the corporate boundaries,or extraterritorial jurisdiction as defined by the Municipal Annexation Act(Article 970a, Vernon's Texas Civil Statutes)of the political subdivision to be served by the capital improvements or facilities expansions specified in the capital improvements plan, except roadway facilities.The service area, for the purposes of this Act, may include all or part of the land within the political subdivision or its extraterritorial jurisdiction, except for roadway facilities. For roadway facilities, the service area is limited to an area within the corporate boundaries of the political subdivision and shall not exceed a distance equal to the average trip length from the new development, but in no event more than three miles, which service area shall be served by the roadway facilities designed in the capital improvement plan. (10) "Service unit" means a standardized measure of consumption, use, generation,or discharge attributable to an Individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions. SECTION 2. AUTHORIZATION OF IMPACT FEE. (A) Unless otherwise specifically authorized by state law or this Act,no governmental entity or political subdivision shall enact or impose an impact fee. Political subdivisions are authorized to enact or impose impact fees on land within their corporate boundaries or extraterritorial jurisdictions only by complying with this Act, except impact fees shall not be enacted or imposed in the extra- territorial jurisdiction for roadway facilities.A municipality may contract to provide capital improvements,except for roadway facilities, to an area outside of its corporate boundaries and extraterritorial Jurisdiction and may charge an impact fee pursuant to the contract, but if an impact fee is charged therein,the municipality must comply with this Act. (B) An impact fee may be imposed only to pay the costs of constructing capital improvements or facility expansions, including and limited to the construction contract price,surveying and engineering fees, land acquisitions costs(including land purchases, court awards and costs, attorney's fees, and expert witness fees),and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the political subdivision. Notwithstanding any other provision of this Act,the Edwards Underground Water District or a river authority, which is authorized elsewhere by state law to charge fees which function as impact fees as defined in this Act, may use impact fees to pay a staff engineer who prepares or updates a capital improvements plan under this Act. Projected interest charges and other finance costs may be included in determining the amount of impact fees only if the impact fees are used for the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of the political subdivision to finance the capital improvements or facility expansions identified In the capital improvements plan and are not used to reimburse bond funds expended for facilities that are not identified in the capital improvements plan. (C) Impact fees shall not be adopted or used to pay for any of the following: (1) construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (2) repair, operation, or maintenance of existing or new capital improvements or facility expansions; (3) upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (4) upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; (5) administrative and operating costs of the political subdivision,except the Edwards Underground Water District or a river authority,which is authorized elsewhere by state law to charge fees which function as impact fees as defined in this Act, may expend impact fees to pay its administrative and operating costs; (6) principal payments and interest or other finance charges on bonds or other indebtedness, except as allowed by Subsection(B)of this section. (D)(1) The political subdivision shall use qualified professionals to prepare the capital improvements plan and to calculate the impact fee. The capital improvements plan shall contain specific enumeration of the following items: (a) a description of the existing capital improvements within the service area and the costs to upgrade, update, improve, 5' expand, or replace such improvements to meet existing needs and usage and stricter safety,efficiency, environmental, or regulatory standards, which shall be prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas. (b) an analysis of the total capacity, the level of current usage, and commitments for usage of capacity of the existing capital improvements, which shall be prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas; (c) a description of all or the portions of the capital improvements or facility expansions and their costs necessitated by and attributable to new development in the service area based on the approved land use assumptions, which shall be prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas; (d) a definitive table establishing the specific level or quantity of use,consumption, generation, or discharge of a service unit for each category of capital improvements or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including but not limited to residential, commercial, and industrial; (e) the total number of projected service units necessitated by and attributable to new development within the service area based on approved land use assumptions and calculated in accordance with generally accepted engineering or planning criteria; (f) the projected demand for capital improvements or facility expansions required by new service units projected over a reasonable period of time, not to exceed 10 years. (2) The impact fee per service unit shall not exceed the amount determined by dividing the costs of the capital improvements described in Paragraph(c)above of this subsection by the total number of projected service units described in Paragraph(e)of this subsection. If the number of new service units projected over a reasonable period of time is less than the total number of new service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee per service unit shall be calculated by dividing the costs of the portion of the capital improvements necessitated by and attributable to projected new service units described in Parapgraph(f)of this subsection by the projected new service units described in that paragraph.The analysis required by Paragraph(c)of this subsection may be prepared on a system-wide basis within the service area for each major category of capital improvement or facility expansion for the designated service area. (E) (1) This subdivision applies only to impact fees adopted and land platted prior to the effective date of this Act. For land which has been platted In accordance with Chapter 231, Acts of the 40th Legislature, Regular Session, 1927(Article 974a, Vernon's Texas Civil Statutes), or the subdivision or platting procedures of a political subdivision prior to the effective date of this Act,or land on which new development occurs or is proposed without platting, the political subdivision may assess the impact fees at any time during the development approval and building process and except as provided in Subsection(H)of this section, may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (2) This subdivision applies to impact fees adopted prior to the effective date of this Act and land platted subsequent to the ef- fective date of this Act. For new development which is platted in accordance with Chapter 231,Acts of the 40th Legislature, Regular Session, 1927(Article 974a,Vernon's Texas Civil Statutes),or the subdivision or platting procedures of a political subdivi- sion after the effective date of this Act,the political subdivision may assess the impact fees before or at the time of recordation and, except as provided in Subsection(H)of this section, may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (3) This subdivision applies only to impact fees adopted subsequent to the effective date of this Act. For new development which is platted in accordance with Chapter 231,Acts of the 40th Legislature, Regular Session, 1927(Article 974a, Vernon's Texas Civil Statutes), or the subdivision or platting procedures of a political subdivision prior to the adoption of an impact fee, no impact fee shall be collected on any service unit for which a valid building permit is issued within one year subsequent to the date of adop- tion of the impact fee. (4) This subdivision applies to land which is platted in accordance with Chapter 231, Acts of the 40th Legislature, Regular Ses- sion, 1927(Article 974a, Vernon's Texas Civil Statutes), or the subdivision or platting procedures of a political subdivision subse- quent to adoption of an impact fee which is adopted after the effective date of this Act. The political subdivision shall assess the impact fees before or at the time of recordation of a subdivision plat or other plat pursuant to Chapter 231,Acts of the 40th Legislature, Regular Session, 1927(Article 974a, Vernon's Texas Civil Statutes),or the subdivision or platting ordinance or pro- cedures of any political subdivision in the official records of the county clerk of the county in which the tract is located and,ex- cept as provided in Subsection(H)of this section, may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (5) For land on which new development occurs or is proposed to occur without platting, the political subdivision may assess the impact fee at any time during the development and building process and may collect the fees at either the time of recordation of the subdivision plat or connection to the political subdivision's water or sewer system or at the time the political subdivision issues either the building permit or the certificate of occupancy. (6) Assessment means a determination of the amount of the impact fee in effect on the date or occurrence provided in this sub- division and is the maximum amount which can be charged per service unit of such development. No specific act by the political subdivision is required. (F) After assessment of the impact fees attributable to the new development or execution of an agreement for payment of impact fees, no additional impact fees or increases thereof shall be assessed against such tract for any reason, unless the number of ser- vice units to be developed on such tract increases. In the event of the increase in the number of service units, the impact fees to be imposed shall be limited to the amount attributable to the additional service units. (G) A political subdivision is authorized to enter into an agreement with the owner of a tract of land for which the plat has been recorded providing for the time and method of payment of the impact fees. (H) Except for roadway facilities, impact fees may be assessed, but shall not be collected, in areas where services are not currently available unless: (1) collection is made to pay for a capital improvement or facility expansion which has been identified in the capital im- provements plan and the political subdivision commits to,within two years, commence construction, pursuant to duly awarded and executed contracts or commitments of staff time covering substantially all of the work required to provide service, and have the service available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event longer than five years; (2) the political subdivision agrees that the owner of a new development may construct or finance the capital improvements or facility expansions and agrees that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development or agrees to reimburse the owner for such costs from impact fees paid from other new developments which will use such capital improvements or facility expansions, which fees shall be collected and reimbursed to the owner at the time the other new development records its plat; or (3) an owner voluntarily requests the political subdivision to reserve capacity to serve future development, and the political sub- division and owner enter into a valid written agreement. (I) Any new development for which an impact fee has been paid shall be entitled to the permanent use and benefit of the services for which the fee was exacted and shall be entitled to receive immediate service from any existing facilities with actual capacity to serve the new service units, subject to compliance with other valid regulations. (J) Political subdivisions are authorized to expend funds from any other lawful source to pay for all or a portion of the capital im- provements or facility expansions to reduce the amount of impact fees. (K) Political subdivisions and other governmental entities are authorized to pay impact fees imposed pursuant to this Act. (1) Any construction of, contributions to, or dedications of off-site roadway facilities agreed to or required by a political subdivi- sion as a condition of development approval shall be credited against roadway facilities impact fees otherwise due from such development. SECTION 3. PROCEDURES FOR ADOPTION OF IMPACT FEE. (A) Except as otherwise provided in this Act,an impact fee as authorized by Section 2 of this Act shall be levied by a political subdivision only upon complying with the provisions set forth in this section. (B) A political subdivision intending to impose an impact fee shall adopt an order, ordinance, or resolution establishing a public hearing date to consider land use assumptions within the designated service area that will be used to develop the capital improvements plan. (C) Not later than the day of adoption of such order, the governing body of the political subdivision shall appoint an advisory committee in accordance with Section 7 of this Act. (D) On or before the date of the first publication of the notice,the political subdivision shall make available to the public its land use assumptions,the time period of the projections,and a description of the general nature of the capital improvements facilities which may be proposed. (E) The political subdivision shall provide public notice of the hearing. (1) At least 30 days before the hearing, the political subdivision shall send a notice of the hearing by certified mall to any person who has given written notice by certified or registered mail to the city secretary or other designated official of the political subdivision requesting notice of such hearing within two years preceding the date of adoption of the resolution or order setting the public hearing. (2) The political subdivision shall publish notice of the hearing once a week for three consecutive weeks, the first notice to appear at least 30, but not more than 60 days before the date set for the hearing, in one or more newspapers with general circulation in each county in which the political subdivision lies. However,a river authority which is authorized elsewhere by state law to charge fees which function as impact fees as defined in this Act may publish the required newspaper notice only in each county in which the service area lies.The notice of public hearing shall not be in the part of the paper In which legal notices and classified ads appear and shall not be smaller than one-quarter page of a standard-size or tabloid-size newspaper,and the headline on the notice must be in 18-point or larger type. (3) The notice shall contain the following: (a) a headline to read as follows: "NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS RELATING TO POSSIBLE ADOPTION OF IMPACT FEES" (b) the time,date, and location of the hearing; (c) a statement that the purpose of the hearing is to consider the land use assumptions that will be used to develop a capital improvements plan pursuant to which an impact fee may be imposed; (d) an easily understandable map of the service area to which the land use assumptions apply;and (e) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the land use assumptions. (F) After the public hearing,the political subdivision shall determine whether to adopt or reject an ordinance,order,or resolution approving the land use assumptions. (G) The political subdivision shall have 30 days from the date of the public hearing within which to approve or disapprove such land use assumptions. (H) An ordinance,order,or resolution approving land use assumptions shall not be adopted as an emergency measure. (I) If the governing body adopts an ordinance, order,or resolution approving the land use assumptions,the political subdivision shall provide for a capital improvements plan to be developed by qualified professionals using generally accepted engineering and planning practices in accordance with Subsection(D)of Section 2 of this Act. (J) Upon completion of the capital improvements plan, the governing body shall adopt an order or resolution setting a public hearing to discuss the adoption of the plan and imposition of the impact fee. (K) A public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance,order,or resolution adopting a capital Improvements plan and imposing an impact fee.On or before the date of the first publication of the notice, the capital improvements plan shall be available to the public. (L) The political subdivision shall provide public notice of the hearing. (1) At least 30 days before the hearing,the political subdivision shall send a notice of the hearing by certified mail to any person who has given written notice by certified or registered mall to the city secretary or other designated official of the political subdivision requesting notice of such hearing within two years preceding the date of adoption of the resolution or order setting the public hearing. (2) The political subdivision shall publish notice of the hearing once a week for three consecutive weeks,the first notice to appear at least 30, but not more than 60 days before the date set for the hearing, in one or more newspapers with general circulation in each county in which the political subdivision lies. However,a river authority which is authorized elsewhere by state law to charge fees which function as impact fees as defined in this Act may publish the required newspaper notice only In each county in which the service area lies.The notice of public hearing shall not be In the part of the paper In which legal notices and classified ads appear and shall not be smaller than one-quarter page of a standard-size or tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type. (3) The notice shall contain the following: (a) a headline to read as follows: "NOTICE OF PUBLIC HEARING ON ADOPTION OF IMPACT FEES" (b) the time,date,and location of the hearing; (c) a statement that the purpose of the hearing is to consider the adoption of an impact fee; (d) an easily understandable map of the service area on which the proposed fee will be levied; (e) the amount of the proposed impact fee per service unit;and (f) a statement that any member of the public has the right to appear at the hearing and present evidence for qr against the plan and proposed fee. (M) The advisory committee shall file its written comments on the proposed capital improvements plan and Impact fees not less than five business days prior to the public hearing. (N) The political subdivision shall approve or disapprove the adoption of the capital improvements plan and Imposition of an impact fee within 30 days after the public hearing. (0) An ordinance, order,or resolution approving the capital Improvements plan and imposition of an Impact fee shall not be adopted as an emergency measure. SECTION 4. USE OF PROCEEDS. (A) The order,ordinance,or resolution levying an impact fee shall provide that all funds collected through the adoption of an Impact fee shall be deposited in interest-bearing accounts clearly Identifying the category of capital improvements or facility expansions within the service area for which the fee was adopted. Interest earned on impact fees shall be considered funds of the account on which it is earned and shall be subject to all restrictions placed on use of impact fees under the provisions of this Act. Expenditures of impact fee funds shall be made only for the purposes for which the impact fee was imposed as shown by the capital improvements plan and as authorized by this Act.The records of the accounts into which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. (B) The governing body shall be responsible for supervising implementation of the capital improvements plan in a timely manner. 6e SECTION S. REFUNDS. (A) Upon the request of an owner of the property on which an impact fee has been paid, the political subdivision shall refund the impact fees if existing facilities are available and service is denied or the political subdivision has,after collecting the fee when service was not available, failed to commence construction within two years or service is not available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of payment pursuant to the provisions of Subdivision(1)of Subsection(H)of Section 2 of this Act. (B) Upon completion of the capital improvements or facility expansions identified in the capital improvements plan, the political subdivision shall recalculate the impact fee using the actual costs of the capital improvements or facility expansion. If the impact fee calculated based on actual cost is less than the impact fee paid, the political subdivision shall refund the difference if the difference exceeds the impact fee paid by more than 10 percent. (C) The political subdivision shall refund any impact fee or portion thereof which is not expended as authorized by this Act within 10 years from date of payment. (D) Any refund shall bear interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Article 1.03,Title 79, Revised Statutes(Article 5069-1.03,Vernon's Texas Civil Statutes), or its successor statute. (E) All refunds shall be made to the record owner of the property at the time the refund is paid; provided, however, if the impact fees were paid by another political subdivision or governmental entity, payment shall be made to such political subdivision or governmental entity. (F) The owner of the property on which an impact fee has been paid or another political subdivision or governmental entity which paid the impact fee shall have standing to sue for a refund under the provisions of this section. SECTION 8. PLAN UPDATE. (A) A political subdivision imposing an impact fee shall update the land use assumptions and capital improvements plan at least every three years,which three-year period shall commence from the date of the adoption of the capital improvements plan. (B) The political subdivision shall review and evaluate its current land use assumptions and shall cause an update of the capital improvements plan to be prepared in accordance with Section 2 of this Act. (C) The governing body of the political subdivision shall,within 60 days of receiving the update of the land use assumptions and the capital improvements plan,adopt an order setting a public hearing to discuss and to review the update and shall determine whether to amend the plan. (D) A public hearing must be held by the governing body of the political subdivision to discuss the proposed ordinance, order, or resolution amending land use assumptions, the capital improvements plan, or the impact fee. On or before the date of the first publication of the notice, the land use assumptions and the capital improvements plan, including the amount of any proposed amended impact fee per service unit, shall be available to the public. (E) The political subdivision shall provide public notice of the hearing. (1) At least 30 days before the hearing, the political subdivision shall send a notice of the hearing by certified mail to any person who has given written notice by certified or registered mail to the city secretary or other designated official of the political subdivision requesting notice of such hearing within two years preceding the date of adoption of the resolution or order setting the public hearing. (2) The political subdivision shall publish notice of the hearing once a week for three consecutive weeks,the first notice to appear at least 30, but not more than 60 days before the date set for the hearing, in one or more newspapers with general circulation in each county in which the political subdivision lies. However, a river authority which is authorized elsewhere by state law to charge fees which function as impact fees as defined in this Act may publish the required newspaper notice only in each county in which the service area lies.The notice of public hearing shall not be in the part of the paper in which legal notices and classified ads appear and shall not be smaller than one-quarter page of a standard-size or tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type. (3) The notice shall contain the following: (a) a headline to read as follows: "NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES" (b) the time,date, and location of the hearing; (c) a statement that the purpose of the hearing is to consider the amendment of land use assumptions and a capital improvements plan and the imposition of an impact fee; (d) an easily understandable description and map of the service area on which the update is being prepared; and (e) a statement that any member of the public has the right to appear at the hearing and present evidence for or against the update. (F) The advisory committee shall file its written comments on the proposed amendments to the land use assumptions, capital improvements plan, and impact fee not less than five business days prior to the public hearing. (G) The political subdivision shall approve or disapprove the amendment of the land use assumptions and the capital Improvements plan and modification of an impact fee within 30 days after the public hearing. (H) An ordinance,order,or resolution approving the amendment to the land use assumptions, the capital improvements plan, and imposition of an impact fee shall not be adopted as an emergency measure. SECTION 7. ADVISORY COMMITTEE. (A) A capital improvements advisory committee, composed of not less than five members, shall be appointed by a majority vote of the governing body of the political subdivision. Not less than 40 percent of the membership of the advisory committe shall be representatives of the real estate,development,or building industries who are not employees or officials of a political subdivision or governmental entity. If the political subdivision has a planning and zoning commission,the commission may act as the advisory committee, provided that the commission includes at least one representative of the real estate,development,or building industry who Is not an employee or official of a political subdivision or governmental entity. If no such representative is a member of the plan- ning and zoning commission, the commission may still act as the advisory committee if at least one such representative is appointed by the political subdivision as an ad hoc voting member of the planning and zoning commission when it acts as the advisory committee. If the impact fee is to be applied within the extraterritorial jurisdiction of the political subdivision, said member- ship shall include a representative from such area. (B) The advisory committee shall serve in an advisory capacity and is established to perform the following functions: (1) to advise and assist the political subdivision in adopting land use assumptions; (2) to review the capital improvements plan and file written comments; (3) to monitor and evaluate implementation of the capital improvements plan; (4) to file semi-annual reports with respect to the progress of the capital improvements plan and to report to the political subdivi- sion any perceived inequities in implementing the plan or imposing the impact fee; and (5) to advise the political subdivision of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. (C) The political subdivision shall make available to the advisory committee any professional reports with respect to developing and implementing the capital improvements plan. (D) The governing body of the political subdivision shall adopt procedural rules for the committee to follow in carrying out its duties. SECTION 8. GENERAL PROVISIONS. (A) If the governing body of the political subdivision does not perform a duty imposed under this Act within the prescribed time period,a person who has paid an impact fee or an owner of land upon which an Impact fee has been paid shall have the right to pre- sent a written request to the governing body of the political subdivision stating the nature of the unperformed duty and requesting that it be performed within 60 days of the request. If the governing body of the political subdivision finds that the duty is required under this Act and is late in being performed, it shall cause the duty to commence within 60 days of the request and continue until completion. (B) A record must be made of any public hearing provided for in this Act. Such record shall be maintained and be made available for public inspection by the political subdivision for at least 10 years after the hearing. (C) Any state or local restrictions that apply to the imposition of an impact fee in a political subdivision where an impact fee is pro- posed will be cumulative with the restrictions in this Act. (D) An impact fee which Is In place on the effective date of this Act must, within three years of said effective date, be replaced by an impact fee made pursuant to this Act;provided, however, any political subdivision having an impact fee which has not been replaced pursuant to this Act within one year of the effective date of this Act shall be liable to any party who, after the one-year period,pays an impact fee which exceeds the maximum permitted under Subsection(D)of Section 2 of this Act by more than 10 percent for an amount equal to two times the difference between the maximum impact fee allowed and the actual impact fee imposed,plus reasonable attorney's fees and court costs. (E) This Act shall not be construed to prohibit, affect, or regulate any tax, fee, charge,or assessment which is specifically authorized by state law. (F) No moratorium shall be placed on new development for the purpose of awaiting the completion of all or any part of the process necessary to develop, adopt,or update the impact fee. SECTION 9. APPEALS. A person who has exhausted all administrative remedies within the political subdivision and who is aggrieved by a final decision is entitled to trial de novo under this Act.A suit to contest an impact fee must be filed within 90 days from the date of adoption of the ordinance,order,or resolution establishing the impact fee. Except for roadway facilities,a person who has paid an impact fee or an owner of property on which an impact fee has been paid shall be entitled to specific performance of the services by the political subdivision for which the fee was paid. Nothing in this section shall require construction of a specific facility to provide such services.Any suit must be filed in the county in which the major portion of the land area of the political subdivision is located.A successful litigant shall be entitled to recover reasonable attorney's fees and court costs.An impact fee shall not be held invalid because the public notice requirements were not complied with if compliance was substantial and in good faith. SECTION 10. STORM WATER, DRAINAGE,AND FLOOD CONTROL. (A) Any county with a population of at least 2.2 million, according to the most recent federal census, or which borders a county with a population of at least 2.2 million, and any district or authority created under Article XVI,Section 59, of the Texas Constitution within any such county that is authorized to provide storm water,drainage, and flood control facilities, is authorized to impose im- pact fees to provide storm water,drainage, and flood control improvements necessary to accommodate new development. (B) The imposition of impact fees authorized by Subsection(A)of this section is exempt from the requirements of Section 5,Section 6,and Subsection(D)of Section 8 of this Act, unless the political subdivision proposes to increase the impact fee. (C) Any political subdivision described in Subsection(A)of this section is authorized to pledge or otherwise contractually obligate all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued or incurred by or on behalf of such political subdivision and to the payment of any other contractual obligations. (D) An impact fee adopted by a political subdivision pursuant to Subsection(A)of this section shall not be reduced if (1) the political subdivision has pledged or otherwise contractually obligated all or part of the impact fees to the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf of such political subdivision and (2) the political subdivision agrees in such pledge or contract not to reduce such impact fees during the term of such bonds, notes, or other contractual obligations. SECTION 11. EXEMPT TRANSACTIONS. (A) This Act does not apply to impact fees,charges, fees, assessments, or contributions paid by or charged to a district created under Article XVI,Section 59,of the Texas Constitution to another district created under Article XVI, Section 59, of the Texas Con- stitution if both districts are required by law to obtain approval of their bonds by the Texas Water Commission. (B) This Act does not apply to impact fees,charges,fees, assessments, or contributions charged which are approved by the Texas Water Commission. Any district created pursuant to Article XVI,Section 59, or Article ill,Section 52,of the Texas Constitution, may petition the Texas Water Commission for approval of any such proposed fees.The commission shall adopt rules for reviewing any such petition and may charge the petitioner fees which are adequate to cover the cost of processing and considering the petition. The rules shall require notice substantially the same as that required herein for the adoption of impact fees and shall afford oppor- tunity for all affected parties to participate. SECTION 12. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended,and that this Act take effect and be in force from and after its passage,and it is so enacted. T H E GROUP11 Implementation Specialists for Governmental Planning c= Engineering,and Legal Sen ices 220 Nolana McAllen,Texas'8504 60 Staff Report to Mayor and City Council DATE: SUBJECT: NO: 11-18-87 FINAL AGREEMENT FOR 9-1-1 SERVICE This is the final contract agreement with General Telephone for 9-1-1 service. All public hearings have been held for notifying Wylie citizens of the service beginning February 1, 1988 with a monthly cost of $.93 per customer. All equipment has been ordered and will be installed in the police dispatch area of the new City Hall. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL John Pitstick, City Manager FOR ADD.INFO. CONTACT: OTHER: John Pitstick, City Manager Staff Report to Mayor and City Council DATE: SUBJECT: NO: 11-18-87 ASSESSMENT PROGRAM J The City of Wylie has a desire to begin a street reconstruction program by which it can rebuild all of the substandard asphalt streets. This program, to be effective, must depend heavily on a street assessment program. This street assessment program would require the adjacent property owners to pay a portion of the costs associated with the reconstruction. The City Staff recommends that the costs be distributed as follows : City of Wylie - One-third North/South property owner - One-third East/West property owner - One-third The City of Wylie' s cost can be paid with in-kind services ( i .e. labor, equipment, etc. ) as well as direct expenditures. ORIGINATING DyT:HEAD DISPOSITION BY COUNCIL FOR AD, .INFO. CONTACT: OTHER: , 5s S, y - 78 Staff Report to Mayor and City Council DATE: SUBJECT: NO: 11-18-87 PROPOSED CITIZEN SURVEY Staff is proposing to send out 2500 to 3000 individual citizens comment surveys in the next few weeks . In order to get the best response we need to send individual letters to all property owners with a stamped self addressed return envelope. The cost for typesetting and mailing will run close to $2 ,000 . The money will be allocated out of several departments printing and postage budgets . We think this should be done to begin to open doors of communication with the public to try to gain needed trust in the public' s eye. We would appreciate any comments Council would have regarding the items on the survey form. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL John Pitstick, City Manager FOR ADD.INFO. CONTACT: OTHER: John Pitstick, City Manager 7 Staff Report to Mayor and City Council DATE: SUBJECT: NO: 7 11-18-87 MASTER LAND USE PLAN & IMPACT FEE STUDY The City of Wylie needs immediate help in updating the Master Land Use Plan, the Master Park Plan and Impact Fee Study. The City has taken on tremendous annexations of land in the last couple of years without an effective capital service plan for all areas within the City. We also don' t have an effective Thoroughfare Plan and have substantially low impact fees under the requirements of the Texas Water Commission. In order to update our Impact Fees we are required to do a five (5) to ten (10) year plan under the new guidelines under Senate Bill 336 . These are extensive guidelines that require the coordination of several areas. To accomplish all of the above I am proposing to proceed with the process of hiring consultants in three areas . First , a Planner should be hired to develop a Master Land Use Plan that would include basic land use assumptions and population projections to accomplish the first steps of Senate Bill 336 . Money would also be included to develop a Master Park Plan. I would like permission to negociate a proposed plan to bring back to the City Council . Secondly, an Engineer should be hired to develop a Capital Facilities Plan and assist the City in general contract engineering services. This engineer would be designated as the City Engineer and be on retainer to the City. By Charter, the City Council is responsible for appointing the City Engineer . I would propose that staff be allowed to interview several firms and bring the top three firms for interviews by City Council . The final step to accomplish the guidelines under Senate Bill 336 would require the hiring of a Legal/Financial Consultant to coordinate the entire process , update all our current developer fees and establish a new impact fee system. I would like permission to proceed to negoicate a proposed plan to bring back to the City Council . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL John Pitstick, City Manager FOR ADD.INFO. CONTACT: OTHER: John Pitstick, City Manager V 3 DATE: SUBJECT: _ NO PAGE 11-18-87 MASTER LAND USE PLAN & IMPACT FEE S Y -2-OF _1_ It is critical that all these consultants must work effectivley together to accomplish the IMPACT FEE SYSTEM. The entire process will take from six (6) to nine (9) months . It is my feeling that we need to proceed in the near future with the hiring of these consultants to assure we don' t get challenged on any of our developers fees. Also if development picks up this spring and summer we need to take full advantage of increased fees by then. In -FoRmqL REpoRrs Informal Report to Mayor and City Council SUBJECT: -DATE: NO: REPORT ON JUNK YARDS 11-18-87 1. ) The alleged junk yard directly across from Public Works on 544 was, as was reported at the last Council meeting, composed of the equipment used by a construction firm, to be specific the same firm that did the dirt work on the Municipal Complex. This particular type of work is one that does not lend itself to new equipment. 2. ) There has been an attempt by another party to reoccupy the area that was abandoned by Lloyd' s Al Auto Part. We have begun filing daily charges on this party for violation of the Junk Yard Ordinance and the Zoning Ordinance. 3. ) In the on going saga of Hornyer Minyard etal we are continuing to add to the charges that have previously been filed. Trial date for all previously filed cases has been tentatively set in Municipal Court for December 9, 1987, pending the outcome of the case that was filed in the 219th District Court will be heard on December 7, 1987 (..?"7 �/ Informal Report to Mayor and City Council SUBJECT: _ DATE: N0 SQUAD CAR IN BEAVER CREEK ADDITION 11-18-87 MAYOR TRIMBLE AND HONORABLE MEMBERS OF THE CITY COUNCIL: DURING THE COUNCIL MEETING OF NOVEMBER 10, 1987 A QUESTION WAS RAISED IN REFERENCE TO A PATROL UNIT BEING SEEN IN THE BEAVER CREEK ADDITION. WITHOUT SPECIFIC DATES AND TIMES THE ONLY EXPLANATION I CAN OFFER IS THAT THE ONLY AUTHORIZED REASON FOR A UNIT TO BE IN THE BEAVER CREEK AREA WOULD BE TO ASSIST THE SHERIFF' S OFFICE WHEN CALLED FOR ASSISTANCE, BURGLARY IN PROGRESS, FOLLOW UP INVESTIGATION, OR TO SERVE WARRANTS OR SUBPOENAS. A FEW DAYS PRIOR TO THE ABOVE DATE, OFFICER ROGER THORNHILL WAS ON AN ASSIGNMENT IN THAT PARTICULAR AREA SERVING SUBPOENAS FOR THE MUNICIPAL COURT AND COULD HAVE BEEN THE UNIT IN QUESTION. fop,//�► v ROYCE ABBOTT CHIEF OF POLICE 41Z Informal Report to Mayor and City Council SUBJECT: - DATE: NPly RECIPROCAL AGREEMENT 11-19-87 On 11-18-87 your staff met with the Garland Electric Board. A vote was taken on the Wylie/Garland Reciprocal Agreement and approval was given. We expect delivery of the signed document within a few days. 3 (j of rs_� rim 17 1987 November 16, 1987 - ---_ City Manager Pitstick, I am a citizen of Wylie and reside at 612 Willow Way. I wish to ,ca end and thank Don White (Public Works) for a job well done. Lon spear-headed the task of repairing sane drainage problems behind my hone. An oversight in the placement of a storm drain, was resulting in the erosion of ny yard. I contacted Don in February of this year about the problem. He agreed that it was the city's problem and he would have it fixed. He informed me that he could not pranise anything until October, due to the city's financial situation. During the time period between February and October, Don continued to look for different avenues to obtain the materials, for the repair. Although he had no luck, I appreciate his deligent efforts to get the work done as soon as possible. Don followed through on his pranise, and by the second week of October the repairs were complete. I appreciate Don's honesty and earnest efforts in fixing this problem. I work for a local municipality also, and know that thanks and gratitude cane too little. Don White deserves one"AZTABOY". A Gratful Citizen, Allen C. Carr c AN AC HOMES June 12, 1987 Mr. James Butts, Executive Director Wylie Chamber of Commerce P.O. Box 4#918 Wylie, tX 75098 Dear James: As a Wylie citizen (formerly of Plano), I would like to take this opportunity to express my views on our City. This is the third year our Company has been building custom homes in Wylie. During this time we have seen Wylie emerge from a small com- munity, to a young City. This growth hasn't been by accident, it's all been planned. One look at our new neighborhoods and a study of the City's master plan will show, we have learned by others' mis- takes. Add to this the scholastic excellence of our schools, a community- conscious Police Force and location to shopping, entertainment and two area lakes. These are only a few of the reasons why not only residents, but also public officials from Plano, Richardson, Dallas, Garland and other cities are moving to the quality of living found only in Wylie. The value received for the investment made for a home in Wylie is just "icing on the cake". This value is possible because of two reasons. One, is the lower land development costs and the other, is the City's Building Inspection Departments' expeditious response to questions and inspections. "Time is money," and when I can save it, I pass it on to the buyer. Code Enforcement Officer, Roy Faires, best summed up his departments' attitude when he simply stated, "We are public servants . . ." Because of Wylie's past, I'm excited about it's future. Please call upon me if I may assist in any way. Respe y, Ronald 4 rie. Pres .e P.O. Box 1173 • Plano, Texas 75074 • (214) 442-6686 Subsidiary of Dan-Dac Resources, Inc. tc: imams May 22, 1987 Mr. James Butts, President Wylie Chamber of Commerce P.O.Box 918 Wylie, Texas 75098 Dear Mr . Butts: We have recently purchased 68 residential building lot in Wylie and have already begun construction on a Model House in the Pointe North Subdivision as well as ten (10) other houses of various plans . Our price range will oe from the mid $80,000 to $110,000; ranging in size from 1650 square feet to 1900 square feet for a truly custom build home. Our decision to invest over $8,000,000 in building houses in Wylie was based on extensive market research, and to this point in time we have been more than impressed with our reception by the general public; and by the cooperation of the city officials, particular Mr . Roy Faires and his staff in the Code Endorcement Department . We sincerely believe that the city of Wylie has a lot to offer a homeowner who is looking for a pleasant small town atmosphere, close to the Metroplex, and also close to excellent recreaction such as Lake Lavon. My purpose in writing to you is two fold. First, I would like to apply for membership in your Chamber and offer our services to you in whatever capacity they may be needed; secondly, I would ask for your advice and support of our efforts in Wylie. Yours ry truly, L. D Herrin President LDH/hh .may — 3D HOMES, INC. • P.O. Box 567 • Plano, Texas 75074 • 214/578.1743 Vgfie CITY OP' WYLIE 108 S. JACKSON ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 November 10 , 1987 Clarence Daughtery Public Works Director Collin County Courthouse McKinney, Texas 75069 Re: Possible Justice of the Peace Court lease space at Wylie City Hall Dear Mr . Daughtery: This letter is written as a follow up to our meeting a few weeks ago regarding possible J.P. Court lease space at Wylie' s new City Hall . The City of Wylie has lease space available for other governmental entities at the same cost we charge our own departments . The cost of $10 . 19 per square foot has been established based on 26,600 square feet of usable space according to the following breakdown: Debt Service $185 ,000 Janitorial Service 20,000 Insurance 9,000 Operations Maintenance 15,000 Utilities 42 ,000 Total $271 ,000 $271 ,000 divided by 26 ,600 = $10 .19 per square foot . This cost includes all amenities with the exception of telephones . The space we originally spoke about included approximately 1664 square feet with ample room for offices, waiting areas and a court room. I think you will find the square foot costs very competitive with other lease space in the area. The J.P. Court would also be adjacent to our Police Department with access 24 hours a day. ‘17 I have included a resolution from our city council authorizing the city manager to negotiate for lease space at our new facility. If you have any questions , please call me. We are looking forward to working out arrangements for a J .P. Court at our new facility . Sincere , John Pitstick City Manager JP/cw Enclosure RESOLUTION NO. 87-18-27-87-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE CITY MANAGER/STAFF TO NEGOTIATE LEASING OF SPACE IN THE NEW MUNICIPAL COMPLEX AND ESTABLISHING A SQUARE FOOTAGE PRICE: WHEREAS, the City of Wylie has recently accepted the new Municipal Complex; and WHEREAS, the space usage for City functions will not completely utilize all the space available; WHEREAS, it is the desire of the City Council to lease unused space to other governmental units and other public services concerns at a price to offset debt, operation and maintenance, janitorial , insurance and utility costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; SECTION 1 : That the City Manager and Staff are authorized to negotiate with other governmental units, public service agencies and other public service concerns for leasing available space in the new Municipal Complex at 2881 Highway 78 N. That any leases will be subject to the final approval of the Council . SECTION 2: That the square footage lease costs shall be set at lease annually by the City Council based on true operational costs of the building . The square footage lease costs for FY 87-88 is established at $18.19 per square foot based on debt, janitorial, operations and maintenance, utilities (water, sewer, gas and electric) . SECTION 3: That the lessee shall be responsible for their own telephone equipment and monthly service billings. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON TH 27TH DAY OF OCTOBER, 1987. 4F44::;!:air Iv ar==3 Chuck . le, Mayor SEAL k===c ATTEST: XP* St, rEi��u u„uw'`.• Carolyn Jo es, y Secretary CJ