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07-26-1994 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex July 26, 1994 7:00 p.m. CALL TO ORDER PRESENTATIONS Steve Deiter, City Attorney Central Ambulance Lori Luttrell - Lifesaving Award CONSENT AGENDA 1 . Consider Approval of the Minutes of July 12, 1994 and July 19, 1994 ACTION ITEMS 2. Discuss and Consider Approval of a Preliminary Plat for the j/ Nance Addition 3. Discuss and Consider Approval of an Ordinance Disannexing a Tract of Property on Paul Wilson Road at the Request of John & Geraldine Phillips 4. Discuss and Consider Approval of a Contract for Mutual Aide with the City of Rowlett 5. Discuss and Consider Approval of Dispatch Agreement 6. Discuss and Consider Approval of a Resolution Adopting an Emergency Management Plan 7 Discuss and Consider Authorizing Final Payment for Nortex Ground Storage Tank STAFF REPORTS f • c oc2/4/721 F621 c4-r's 4-4 CITIZEN PARTICIPATION or 61 1�1rei, t) �- ADJOURNyENT /t1o; qv/ro — Sit V4 1) (N/// s t" ,4e- o - Posted this the 22nd day of Ju , 1994 at :00 p.m. olq ( fai-s ,247v69)(--- WYLIE CITY COUNCIL July 26, 1994 7:00 P.M. MUNICIPAL COMPLEX MINUTES OF THE WYLIE CITY COUNCIL JULY 12, 1994 CALL TO ORDER Mayor Swartz called the meeting to order with the following Council members present: Reta Allen, John Mondy, Bobby Jennings, Steve Wright and Cleo Adams. ABSENT: Ortie Messenger CONSENT AGENDA 1. Consider and approve minutes of June 28, 1994 Council Meeting. A motion was made by Steve Wright and seconded by Cleo Adams to approve the minutes as submitted. Motion passed, all in favor(6 votes). PUBLIC HEARING 2. Hold Public Hearing and consider approval of an Ordinance changing the Zoning at 2601 S. Hwy 78 from "MF" Multi-family to "I" Industrial. Troy Miller. owner of Lone Star Foreign Auto Parts at 2601 S. Hwy 78, spoke in favor of the zone change. He wants to make some additions to his building and cannot do that under the current zoning. Also, Council was advised that when Hwy 78 is widened it will take out half of his building and he will not be able to rebuild his business with a zoning of MF. Bart Peddicord, Chairman of the Planning and Zoning Commission, was asked if this area was to be used as Industrial in the Comprehensive Plan or if it was going to go Multi- family. Mr. Peddicord said that he was quite certain that area was for Industrial type uses. A motion was made by Reta Allen and seconded by Steve Wright to approve an Ordinance changing the zoning at 2601 S. Hwy 78 from "MF" to "I". Motion passed, all in favor(6 votes). 3. Hold Public Hearing and Consider approval of a replat of 10.2 acres at 1355 FM 1378. No Council members had any questions. A motion was made by Steve Wright and seconded by Bobby Jennings to approve the replat of 10.2 acres at 1355 FM 1378. Motion passed, all in favor(6 votes). 4. Discuss and consider approval of a Preliminary Plat for the Nance Addition located on Stone Road east of Quail Creek Blvd. Richard Nance addressed the Council about his plans for a new subdivision. He said that he will incorporate his own deed restrictions that will be inclusive in the sale of the lots and will require a minimum of a p. 2 2500 sgft home on the lots. There was quite a lot of concern over perimeter street fees and how W.A. Allen would be improved. The City wants W.A. Allen Blvd. extended through to Stone and Richard Nance does not want the extension because it will cut across one of the lots, lessen the acreage. Mr. Nance did have a proposal for the City's purchase of a right-of-way for the extension. Mr. Norwood said that the City would not purchase it and that it would be in the best interest of the subdivision to extend it. Mr. Nance again stated that he did not want W.A. Allen extended and that if the City wanted it that something would have to be worked out. A motion was made by Steve Wright and seconded by Bobby Jennings to table the approval of the preliminary plat for two weeks, until the next Council meeting to allow Mr. Nance and Mr. Norwood to work out the possible purchase of a right-of-way to extend W.A. Allen Blvd. Motion passed, all in favor(6 votes). 5. Hold Public Hearing regarding proposed annexation of seventeen (17) tracts of land surrounded by the City of Wylie but not located within City Limits. Steve Deiter, the City Attorney, advised the Council that the Ordinance states that waste water lines must be within 500 ft. of the property and that the property owner will be responsible for the expense to "hook on". He, also, stated that all properties being annexed do have waste water lines available to them within 500 ft. There are some tracts on Brown that do not but there is no housing on those tracts at this time. Tract 3: Mr. and Mrs. Byboth, owner of 1012 E. Brown--tract 3 of the annexation list, spoke about their property. The had many questions about how this would affect them. The big concern was not being able to keep their "country lifestyle". The have several chickens and roosters and were afraid they would be forced to get rid of them if they were annexed due to zoning regulations. Mr. Deiter explained that the annexation did not come with a zoning and that they could keep their roosters. Their other concern was having to tap onto the city sewer system. They have a septic system now that they are very happy with. Mr. Norwood explained that Collin County is in the process of instituting a requirement of those property owners that are within 500 ft. of a sewer line to tie into it and to get off septic systems because of possible ground contamination. They will be given ample time to tie into the system to help the alleviate cost. Tract 4: Mr. Deiter relayed his conversation with Ms. De La Fuente and she spoke against being annexed. She did not want to have to tie into City sewer. Tract 5: Mr. Deiter relayed his conversation with Ms. Freeman and she spoke against being annexed. She also gave Mr. and Mrs. Holt permission to speak on her behalf. Tract 9: Mr. Deiter relayed information he received in a letter from the property owner of P. 3 tract 9. They said that they did not have a problem tying into City sewer but they did not want to pay such high City taxes vs. county taxes. Tract 10: Steve Wright relayed his conversation with Mr. Dowden. He is opposed to being annexed because he just made improvements to his septic system and did not want to forfeit the costs in order to tie into City sewer. Tract 17: Mr Deiter relayed information from Mr. Henry and he, too, is opposed to being annexed. ACTION ITEMS 6. Discuss and consider approval of an Ordinance adopting a maintenance agreement with the Texas Department of Transportation. Mr. Norwood explained that the City is currently working off an agreement that is 30 yrs. old. This is just to update the agreement. It would allow no angled parking for future roads but he said that areas such as Ballard would not be affected. Also, they would revise the map of Wylie. A motion was made by Bobby Jennings and seconded by Reta Allen to approve an Ordinance adopting a maintenance agreement with the Texas Department of Transportation. Motion passed, all in favor(6 votes). 7. Discuss and consider award of bid a provided by grant for demolition/removal of mobile home at Glenn Knoll. Mr. Norwood explained that there were two bids, one for $990 and one for $2400. Council questioned why there was such a big difference in bids. Mr. Norwood speculated that since Melvin St. John was on site that perhaps his bid was lower due to that. A motion was made by Reta Allen and seconded by Steve Wright to award the bid to Melvin St. John for $990 to demolish and remove a mobile home as provided by Grant. Motion passed, all in favor(6 votes). 8. Discuss and consider approval of an Ordinance adopting a contract with Collin -- County for tax collection. Mr. Norwood explained that this contract of services would be a total turnkey operation and that the costs is all inclusive(ie. postage, mail outs, etc.) There was a concern about a quick turn- around in monies being deposited. Mr. Maun explained that it will still be a fast turn-around. He, also, explained that a modem link-up will allow the City to have direct access to any and all information needed to answer questions to customers calling in to the City. This link-up would not allow the City to make any changes in the information, it would be read-only access. The only reason that customers would need to call McKinney would be for information that had not been updated in the system. They would pursue delinquent taxes along with their "delinquent" P. 4 attorneys that they have on staff. Services would also include specialized personnel (ie. mobile home liens)that are on staff in Collin County and would be available to the City. A motion was made by Bobby Jennings and seconded by Steve Wright to approve an Ordinance adopting a contract with Collin County to assess and collect taxes. Motion passed, all in favor (6 votes). STAFF REPORTS Steve Norwood advised the Council that the sales tax reports evened out from last month. He, also, said that with the unseasonable rain that he had been swamped with calls and that he was sure the Council members would be, too, as well as Public Works. He said that it was showing the shortcomings of the City's streets and drainage system but that since this was "unseasonable" rain it would not be cost effective to fix. Brady Snellgrove said the new depository agreement was underway with only one problem; the checks for the two main accounts (payroll and the operating account)were received with the same account number on them. They were going to be reprinted at the vendors expense. The transfer of funds would happen next week. CITIZEN PARTICIPATION Richard Albin, of 402 E. Gaston, wanted to approach Council with a problem he is having with Code Enforcement concerning his parking in the grass across the alley from his home. He said that he understood that he was in violation due to the grass area not being an improved surface to park on. He did have a problem, however, with Code Enforcement telling him that his three (3) axle, 18,000 lb. truck was not allowed to even be driven in a residential area, by ordinance. He said that he found ordinances stating that commercial trucks not over 25 ft. long are allowed to park in residential zones on the owners property or with the owners consent. He feels that the ordinances are in direct conflict. He, also, said that he has the owners consent, Mr. Don Kreymer, to park on that land. Wayne Morman, the Code Enforcement Officer, stated that Mr. Albin was not being charged with parking a commercial vehicle but with driving an oversized vehicle, which is two separate issues. Council requested that there be a two weeks delay in enforcement of the ordinance for Mr. Albin while any conflict of ordinances can be researched by Mr. Deiter, the City Attorney, for clarification. P. 5 ADJOURN INTO WORK SESSION With no other issues to discuss, Council adjourned into work session. Respectfully Submitted: Mayor, Jim Swartz Kirsten Fresh Community Development Secretary MINUTES OF THE WYLIE CITY COUNCIL SPECIAL MEETING JULY 19, 1994 5 CALL TO ORDER Mayor Jim Swartz called the meeting to order with the following Councilmembers present: Reta Allen, John Mondy, & Bobby Jennings. Steve Wright, Ortie Messenger, and Cleo Adams were absent. 10 CANVASS OF ELECTION Swartz appointed Jennings, Allen, & Mondy as canvassing board. Jennings stated that the board found that the returns were accurately reflected in Resolution 94-16 15 canvassing the results and made a motion that the resolution be approved. Allen seconded the motion. The motion was voted on and passed unanimously. ANNEXATIONS HEARINGS 20 Mayor Swartz opened a public hearing on seventeen tracts of land proposed for annexation, these tracts being surrounded by but not located within the City limits of Wylie. A description of the proposed tracts are attached hereto as Exhibit "A". Regarding Tract #3, Michael Byboth submitted a letter of opposition attached hereto 25 as Exhibit "B" and also stated his opposition to the proposed annexation. Regarding Tract #10, Kent Dowden stated that he opposed the annexation and questioned Council regarding non-forming use of his property for housing of livestock as he owned a horse. Council explained that the non-conforming use would likely continue until 30 such time as the use ceased and that annexation would not automatically zone the property single family. Regarding Tract #17, Bill Henry stated opposition and preference to being located within the extra-territorial jurisdiction. 35 As there was no one else to address the public hearing, the public hearing was closed. No action was taken. ADJOURNMENT 40 As there was no further business to come before Council for consideration, the meeting was adjourned into a worksession to discuss the comprehensive plan. 45 APPROVED ATTEST Exhibit "A" TRACTS IDENTIFIED FOR ANNEXATION (including ownership and utility location) TRACT 1: S. Ballard St. North of Fire Station; Abst. 23, Tr. 32, 0.50 a. Owner: Fredrick W. Kern III, 1305 S. Ballard Water: 12" line west side of Ballard 75 ft. Sewer: 8" line on south side of Stoneybrook 450 ft. Street Address: 1305 S. Ballard TRACT 2: S. Ballard St. North of Fire Station; Abst. 23, Tr. 33, 0.50 a Owner: Ernesto Almodovar, Box 1115, Wylie Water: 12" line west of Ballard 75 ft. Sewer: 8" line on south side of Stoneybrook 350 ft. Street Address: 1102***** S. Ballard (1300 block N or 1305) TRACT 3: SW Corner of Brown and W.A. Allen (Eubanks); Abst. 688-5, Tr. 115, 1.995 a. Owner: Bobby Bunch, 1012 E. Brown (may have changed in December 93) Water: 8" line 20 ft. the North Sewer: 12" 50 ft. east Street Address: 1012 E. Brown TRACT 4: E. Brown Next to Shiloh Baptist Church; Abst. 688-4, Tr. 107, 1.115 a Owner: Eduardo De La Fuente, P.O. Box 1060, Wylie Water. 2" line on north side of Brown 10 ft. to north Sewer. 15 " line 150 ft. to east Street Address: 930 E. Brown TRACT 5: Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tr. 71, 2.08 a Owner. Robert Lee Freeman and Lorene Virginia Hade-Freeman, 3065 Cameo Ln, Farmers Branch, TX 75234-3607 Water. 12" line on east side of Eubanks 600 ft. south Sewer. 12" line on Eubanks 550 ft south Street Address: 712 Linda Lane TRACT 6: Eubanks N. of St. Louis Southwestern RR; Abst. 688-2, Tract 73, 1.699 a. Owner James E. Holt and Barbara G. Holt, 103 Moonlight Dr, Plano, TX 75094 Water. 12" line on east side of Eubanks 300 ft. south Sewer: 12" line on Eubands 300 ft. south Street Address: 702 Linda Lane TRACT 7: Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 10. 1.717 a Owner. Edgar L. Dement, 1000 Wilson Rd., Wylie, Texas 75098 Water. 8" line east side of Hooper Rd at northwest corner Sewer. 8" line west side of Hooper Rd. Street Address: unknown TRACT 8: Hooper Rd. So. of Hooper Business Park; Abst. 703, Tr. 2 and 3, 5.367 a Owner Janelle Rothenberger, 331 Hooper Rd., Wylie, TX 75098 Water: 8" line east side of Hooper Rd 200 ft. northwest Sewer 8" line west side of Hooper Rd. Street Address: 331 Hooper Rd. (note - this address is probably for Tr 2, as 3 is open and would have a different address TRACT 9: W. Brown at Nortex Nursery, Abst 266, Tr. 18, 1.0 a. Owner William F. Young, 1250 W. Brown, Wylie, TX 75098 Water 8" line south side of Brown adjacent to north and 12" line on east side Sewer: 8" line 1,200 ft. east in Westgate subdivision Street Address: 1250 W. Brown TRACT 10: SW Corner of Brown and Carriage House, Abst. 266, Tr. 5, 1.052 a. Owner:Edward K. Dowden, 725 W. Brown, Wylie TX 75098 Water. 6" and 8" lines in adjacent Westgate Subdivision Sewer: 8" line available in adjacent Westgate Subdivision Street Address: 725 W. Brown TRACT 11: W. Brown W. of Nortex Nursery, Abst. 266, Tr. 13, 17, and 20, 1.3 a Owner. Peggy Pollaehn, 1320 W. Brown, Wylie TX 75098 Water. 8" line on south side of Brown adjacent to north side of property Sewer. 8" line 2,300 ft. east in Westgate Subdivision Street Address: 1320 W. Brown TRACT 12: W. Brown W. of Nortex Nursery, Abst. 266, Tr. 7, .78 a Owner. J.R Eaves, 1310 W. Brown, Wylie TX 75098 Water. 8" line on south side of BRown adjacent to north side of property Sewer: 8" line 2,000 east in Westgate Subdivision Street Address: 1310 W. Brown (Phyliss Floyd's house) TRACT 13: S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 15, 1.071 a Owner: Con-Dor Pipeline Co., Inc., Box 1267, Ponca City, OK 74603 Water: 8" line on south side of Brown 600 ft. north Sewer: 8" line 2,200 ft. east in Westgate Subdivision Steet Address: Not on a street but it lies south of 1400 Block of W. Brown TRACT 14: S. of W. Brown and W. of Nortex Nursery, Abst. 266, Tr. 6, 6.3 a Owner: TU Electric, 2001 Bryan Tower, Suite 2035, Dallas TX 75201 Water. 8" line on south side of Brown adjacent to north side of property Sewer. 8" line 2,000 east in Westgage Subdivision Street Address: Not on a street but lies but runs SW from approx 1300 Brown to point south of 1500 Brown TRACT 15: FM 544 N. of Steel Industrial Park; Abst. 835, Tr. 7, 3.06 a Owner. Patsy Sue Flanagan, 1090 FM 546, Princeton TX 75407 Water: 8" line on south side of FM 544 adjacent to the west Sewer. 8" line on west property line TRACT 16: FM 544 W. of Hooper Business Park; Abst. 835, Tr. 8 and 10, 7.96 a Owner Billy F. Davis, 105 Tanglewood Ct., Wylie TX 75098] Water: 8" line on south side of FM 544 150 ft. to the west Sewer 8" line 200 ft. to the west Street Address: 2722 W. FM 544 (house probably vacant at this time) TRACT 17: SW Corner of FM 544 and Hooper Rd.,; Abst 835, Tr. 12, 5.42 a. Owner. William A. Henry 2710 W. FM 544, Wylie, TX 75098 Water 12" stub out adjacent to east, on south side of FM 544 Sewer. 8 " Sewer on Hooper Rd. adjacent to east Street Address: 2710 W FM 544 sti) frAg--/9,44 July 19, 1994ote a < � 4 Wylie City Council 2000 Highway 78 North Wylie, Texas 75098 Honorable Council Members: The following is response to the proposed annexation of our property at 1012 East Brown Street by the City of Wylie. We are opposed to this annexation for the following reasons: *7 Devaluation of property. 07 Duplication of services already provided for by Collin County, i.e., police, fire and ambulance. v Cost of providing the City of Wylie with sewer connections. We currently have a very satisfactory septic system. If Collin County wishes to discontinue septic services, we will then discuss this with Collin County officials. v City codes which may directly oppose facilities currently in use on our property, especially: O $10,000.00 pipe (non-wood)fence ® Current agricultural use of property, (raising chickens). ® Future use of fenced areas for horses, cattle, etc. 4 Increased taxes for no obvious improvements in services. In summary, we, MICHAEL & BRENDA BYBOTH, hereby oppose the proposed annexation of our property by the City of Wylie as currently proposed and understood. Consideration will be given to any concessions/propositions at a later date. Thank you for your time and consideration. — Very sincerely yours, Michael and Brenda Byboth 1012 East Brown - Wylie, Texas 75098 214-442-3734 REVENUE SOURCES: EXPENDITURE ACCOUNTS: - BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: !� Sopue e��'�ve5 � USER DEPARTMENT COMMENTS: 51 1 0�, G+CV �e 1 Cie 15g 3-to c, � eC icte Neste +y -{� JYc se 1217►4c1 ce vle( • • SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER - BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: ARY CITY MANAGER D OF PARKS/REC. CITY SECRET DIRECTOR OF FINANCE - _ _ LBRARY DIRECTOR .,� sm- POLICE CHIEF CITY ATTORNEY .j: :; FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFlCVt- WORICS APPROVED FOR SUBMISSION TO CITY COUNCIL 4'2,b• CITY MANAGER City of Wylie AGENDA COMMUNICATION ippo SUBMITTED BY: Legal DIRECTOR: Steven P. Deiter DATE REFERENCE NO. SUBJECT 7/19/94 Disannexation of Phillips Property on P. Wilson Rd. SUMMARY OF SUBJECT: John and Geraldine Phillips have requested that their 4 acres tract lying on the East side of Paul Wilson Road between Dog Drop Lane and Skyview be disannexed from the City by reason of the City's having failed to provide sanitary service in the ten years following annexation of the property in September of 1984. Owners who reside on property to be disannexed can force disannexation for non-provision of services. The Phillips' do not reside on the property and cannot force the City to disannex. However, the Council may grant the -.-. request, though it does not have to, by adoption of an ordinance disannexing the property. ALTERNATIVES: - (1) Grant request for disannexation by adoption of ordinance disannexing property from City; (2) Deny request for disannexation ACTION REQUks Staff is not making a recommendation as to which action Council should take on the request as the decision is a discretionary one on part of Council. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSQNNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL - REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY .w DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL -. 11P*r// CITY MANAGER MEMORANDUM TO : City Council FROM: Steve Deiter SUBJECT : Phillips Di sannexa t i on DATE : July 15 , 1994 ********************************************************************************* In April of this year the Council passed an ordinance disannexing approximately 8 acres of land lying on the East side of Paul Wilson Road between Dog Drop Lane and Skyview. The property is owned by Robert and Diana Raber who petitioned the City for disannexation for failure to provide sanitary sewer services. The nearest line is that in Kensington Manor Subdivision, but it is my understanding that the Kensington Manor line cannot be tapped into as it is a force main. Thus providing sanitary sewer service to the area would be a very expensive endeavor. The owners of the property lying north of the Raber property, John and Geraldine Phillips, are now requesting that their 4 acres be disannexed as well. However, they do not reside on the subject property and therefore do not have standing to force disannexation of the property, even though they are residents and registered voters of the City. Since they cannot force the disannexation the Council may, but does not have to, grant their request for disannexation. In the past Council has taken into consideration whether the property was annexed voluntarily or involuntarily. In this instance the previous owner of the property, Don Massoud, requested annexation into the City. However, after requesting annexation, but before the actual annexation, he sold of various tracts such as the Raber tract and the Phillips tract. Supposedly the purchasers were not aware that the property had been annexed into the City as they never received any notice (no notice was necessary since Massoud had already requested annexation). Therefore this is an instance where they annexation was requested, but not by the owner of the property at the time of annexation (Phillips purchased property on August 23, 1984 and it was annexed on September 25, 1984). If the Council is inclined to grant'the request for disannexation it needs to adopt the proposed ordinance which is included in the packet materials. If the Council determines that the request should not be granted it merely needs to take a vote denying the request. Should any of you require further background or information on this matter prior to the Council meeting please advise. cc: Steve Norwood ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING LOTS 207 AND 208 OF FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY, TEXAS AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City annexed, on an involuntary basis the following described property, to wit: Lots 207 and 208 of the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas (herein referred to as the subject property); a more complete description of said property being set forth on the attached Exhibit A which is attached hereto and incorporated herein by reference; on or about the 25th day of September, 1984 by virtue of Ordinance No. 84-58, which was duly passed and adopted on said date; and, WHEREAS, the subject property has remained in the City from and after its annexation thereto, but the City has failed to provide municipal sanitary sewer services (the property lies in certificated territory of Wylie Northeast Water Supply Corporation, thus the City has no duty or right to provide water service) to the subject property in the nearly 10 years following its annexation and such property continues to be without such services as of this date; and, WHEREAS, John Thomas Phillips and Geraldine Phillips (Owners), owners of the subject property, have requested that the same be disannexed from the City of Wylie due to the City's failure to provide the municipal services as aforesaid; and, WHEREAS, the Owners do not reside on the subject property and therefore do not have standing to petition the City to force disannexation of the subject property, pursuant to Section 43.141 of the Texas Local Government Code (LGC), notwithstanding the fact that they are residents and registered voters of the City of Wylie; and, WHEREAS, the City Council finds that the subject property meets the qualifications of Section 43.145 of the LGC in the following particulars: a. The City has a population of 4,000 or more; and, b. The City and the subject property are located in Collin County which has a population of more than 205,000; and, 1 c. The subject property is composed of at least three contiguous acres that are unimproved and adjoining municipal boundaries; and therefore may be discontinued as a part of the City, pursuant to said Section 143.145; and, WHEREAS, the City Council has further determined that the interests of the City and its citizens would be best served by disannexation of the subject tract; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the subject property, as hereinabove identified and more fully described on the attached Exhibit A, and designated on the plat map attached hereto as Exhibit B, should be, and the same hereby is, disannexed from the corporate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II That upon adoption of this ordinance, the City Council shall enter in the minutes of the City an Order discontinuing the area. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not 2 in conflict herewith, specifically including without limitation Ordinance No. 84-58 and the other territory annexed thereby, shall be unaffected by the provisions hereof except as to the subject property as herein identified. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th day of July, 1994. James D. Swartz Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 v a . EXHIBIT "A" , TRACT ONE: Being all that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the Francisco de la Pina Survey, Abstract No. 688 and being part of a 46.539 acre tract of land conveyed to Don Massoud recorded in Volume 1387, Page 800, Collin County Deed Records and being more particularly described as follows: Commencing at an iron stake found for corner in the West line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 ar.re rrar.r, conveyed rr, nr,.,,,n,+ H. Src..=e recorded in Volume 797, Page 704, Collin County Deed Records, thence: N 00 deg. 27 min. W 2000.00 feet along center of County Road and the West line of said Francisco de la ?ina Survey to an iron stake set for corner, the Place of Beginning; THENCE: N. 00 deg. 27 min. 11 149.00 feet along center of County Road and with the West line of said Survey to an iron stake set for corner. THENCE: N 89 deg. 18 min. 28 sec. E 584.70 feet to an iron stake set for corner. THENCE: S 00 deg. 27 min. E 149.00 feet to an iron stake set for corner. THENCE: S 89 deg. 18 min. 28 sec. W. 584.70 feet to the Place of Begin— ning and containing 2.000 acres of land. TRACT TWO: Being all that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the Francisco de la Pina Survey, Abstract No. 688 and being part of a 46.539 acre tract of land conveyed to Don Massoud recorded in Volume 1387, Page 800, Collin County Deed Records and being more particularly described as follows: Commencing at an iron stake found for corner in the West line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, thence: N 00 deg. 27 min. W 2149.00 feet along center of County Road and the West line • of said Francisco de la Pina Survey to an iron stake set for corner, the Place of-Beginning; THENCE: N 00 deg. 27 min. W 149.00 feet along center of County Road and with the West line of said Survey to an iron stake set for corner. THENCE: N 89 deg. 18 min. 28 sec. E 584.70 feet to an iron stake set for corner. THENCE: S CO deg. 27 min. E 149.00 feet co an iron stake set for corner. THENCE: S 89 deg. 18 min. 28 sec. W 584.70 feet to the Place of Beginning and containing 2.000 acres of land. il V I • . \ ) ' • I . :144•11/ . Al cr*. • . ' ri: 0. I 5 V It tt.. . :: • i v ...- ,, ... . . , . , ,.. MI •f% ice 7 k 'IN %-.1,:t.!....,,i , '.:1 • / ..0 II( YVIE . 6 I il 1 1 1 • ••••- i - • I I / n2 a- Led TERRACE 6 , LA• c,I. 17 , ^ . rn • -ir 7 .-r ; , c ts vt. ing,01-.. f) 161••4,- ACIOIC , A• •••••••••••••••. .. • ' • .....—.......................-- • . —". 4 6 a°%13 19 ., r:Ili' a lel 71k F°----- 1‘ :::-.:(r . ...!1'-2°15..IC 1 ' . Illitr41 "...F. -445. ..• YV%\'‘'r.4 7 v iti, O. ,/, • ufbeem • 22 / 1.,....f.. ., -. ,- vr• spoilifito .f. loitiks.--.- ' —f...144 •-:;v U 4• : i • •• . • IfJ A 4 • I i ...i • y. 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Ac . .,.. - ; • 197 k •4 .... , ., -i.fr.: II II • - "In` ', ....,,, .,• -.. : , • .... 1,-- ; l ' • 4 ft cr,--.7 -••••- •. . . . .. ..,1• • ,...: /: ' I i •• • Z/Li e-0 - 7- tA)cz- p s ss iii4vot c=_s .02-6 '2 C.)6P eL4 c - n 71/44 /64_4,2f' _s O6 - 7-as Ao ct S c,lc „.) 30/9-f0.491./3&-4 ( 9 PC( (t ClAjj /24 -,/ Z-/ZI[Y—Ict4rt/io f';di 3- 3 1-4ric .• 2 DONNA STRUB Secretary of States Office PRE-SORTED ,,, ,, Voter Registrar Elections Division FIRST CLASS T--": 314 S. Chestnut t-fl0o-252-VOTE 11111111111Pil U.S. POSTAGE \�� 548-4613 881 3190 69 DAD AS, TEXAS PERMIT NO. 927 DO NOT FORWARD »......••»••••••--...••- VOTER REGISTRATION CERTIFICATE DO NOT CUT—FOLD ON DOTTED UNE (Cartihcado de Reg/stro Electoral) S Favor ds no cars•Dobbs s carnhcado an la anew aMalcada COLLIN COUNTY(Condado de Collin) ilt NAME MO MAILING ADO 1NornE rs,dricOOm a comsat --- t I a I CONGRESS r SENATE NOUSE COM JP `~`No(���t s.*.sa,o Naha Mom Novo 0230491 F 01-01-94 i�; � 0003 0008 0067 0002 0002 Dab a MAR Waco.as NPCattooO(Pm,No.(Pc,NWn I tnry masie, i 05-15-1937 0027 12-31-95 a CAR—RT SORT *RR 09 ,M,,,,toy Po,,,,r„,N.,..,e.M..,Nmve r awed),n:orcr wM�"Mr `s PHILLIPS GERALDINE PHILLIPS a GERALDINEE6 WINNEOR 126 WINDSOR i WYLIE, TX 75098 WYLIE, TX 75098 Z. X :(4 Sl f. :z: YOTIRMI.,eawaONALLr avower eammaEaM1EDbI+� it•UPON RECHR.f AaUE >> .... iN.nrrw awe b,..a ova ire a rnomir.•w to wr.o a AcerN.a poem DONNA STRUB Secretary of States Office PRE-SORTED • Voter Registrar Elections Division FIRST CLASS .M c' i` 314 S. Chestnut 1-800-252-VOTE' Suite U.S. POSTAGE Y e�,Texas 75069 11111111,11111111113 pAiLLAS, TEXAS i 548-4613/881-3190 PERMIT NO. 927 DO NOT FORWARD ............ ».•• VOTER REGISTRATION CERTIFICATE DO NOT CUT—FOLD ON DOTTED UNE I (Certiticado de Registro Electoral) i 3 Favor Qs no Doter-Doo su ca anew ntf rbeccedD en to ancade COLLIN COUNTY(Condado de Collin) A 4s NAYS APO IMALPiG ADOPId' SZ(NooOrs y sof9M a c 'sol Ca Pt No(PILO. Co.), . O. y ..•Novo'VINO NoPwo*owe ! 1 CONGRESS 1 SENATE NOUSE i COM. J► 1 0119533 f M 01-01-94 3 0003 0008 0067' 10002 i0002 1 jDab a MAR!F.c,.a NACY•.MMDI►nc.No.(Pc/Num)Mau Salle. J I i I 03-20-1927 0027 12-31-95 m CAR—RT SORT ERR 09 JNarJ a..Pawbr Prams Ae..a(N r ascom�.go.......wresi z JOHN T H O M A S PHILLIPS JOHNTHOMAS PHILLIPS a 126 WINDSOR 126 WINDSOR WYLIE, TX 75098 3 WYLIE, TX 75098 �i i Is } X =a ..`.. vdrtsyay WnrNM1tNUEaM1®1A .UPON ECII/T.fYI[ ; :IN... .fa oe.sr.*..A_a rr a,.eery.a..P.: 1 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal DIRECTOR: en P. Deiter DATE REFERENCE NO. SUBJECT 7-20-94 Agreement With Rowlett For Mutual Assistance on Fires SUMMARY OF SUBJECT: The Wylie Fire Department assists and receives assistance, by way of providing personnel and equipment, to and from neighboring Cities. At this time there is no written agreement which formally defines the terms (payment, liability, etc.)covering the assistance arrangements with the various Cities. The inter-local agreement before the Council defines the terms of such arrangement with the City of Rowlett. For the most part it contains standard terms which would be in any such agreement, regardless of the other City involved. The matter is before the Council for approval of the agreement at this time. ALTERNATIVES: (1) Approve Interlocal Agreement as presented and authorize execution by City Manager; •- (2) Approve Interlocal Agreement with changes as deemed appropriate by Council, and authorize execution of amended agreement by City Manager; (3) Decline to enter into agreement for assistance in fire fighting with City of Rowlett; ACTION REQUESTED: Staff recommendation is for Council to approve Interlocal Agreement For Assistance in Fire Fighting with City of Rowlett and authorize City Manager to execute the agreement. REVENUE SOURCES: EXPENDITURE ACCOUNTS: _ BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: 1( BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS C OTHER ieet.u0-- MINUTES LEGAL - REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POUCE CHIEF ' CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CI MANAGER MEMORANDUM TO : City Counci7 FROM : Steve Deiter SUBJECT : Inter7o 7 Agreement For Provision of Fire i ght i ng Services DATE : July 21 , 19 4 ********************************************************************************* Traditionally the City of Wylie has co-operated with other neighboring Cities (both by being assisted and assisting) in fire fighting activities. For the most part the co-operation has been through informal and unwritten understandings between the Cities. However, under Chapter 791 of the Government Code (GC) the state has imposed a requirement that interlocal agreements be in contract form (thus imposing a requirement of a written document). The provision of the contract making the requesting party liable for all damages (as required by §791.006 GC) is a very important aspect of the agreement, but may not apply unless the agreement is in written form. Given these factors the City should be moving toward obtaining a written interlocal agreement with all other Cities with which it has an understanding regarding provision of fire fighting assistance. The attached agreement which is presented to the Council for approval sets out general terms for such an agreement with the City of Rowlett. If the agreement appears acceptable to the Council a motion approving the agreement and authorizing its execution should be passed by the Council. Should you have any questions concerning the content or effect of the agreement please do no hesitate to contact me. However, any technical "fire" type questions should be directed to Chief English. Thanks cc: Steve Norwood Shan English INTERLOCAL AGREEMENT AGREEMENT, made and entered into by and between the City of Wylie, Texas, herein referred to as WYLIE and the City of Rowlett, Texas, herein referred to as ROWLETT. WITNESSETH: WHEREAS, a Wylie and Rowlett are neighboring Cities located in Dallas and Collin Counties in Texas each of whom maintains fire departments consisting of various personnel, vehicles, and fire fighting equipment; and, WHEREAS, due to the size of their respective Cities each is department is somewhat limited in its ability to fight certain large or difficult fires which could occur from time to time in either City; and, WHEREAS, an arrangement between the two Cities whereby each agrees to assist the other in its fire fighting operation, from time to time, would help facilitate efficient operation of both Cities in that it would allow a higher level of services without the necessity of additional equipment purchase or lease , thereby resulting in a mutual benefit to both Cities; and, WHEREAS, each City has expressed its intention and desire to enter into such an arrangement by an affirmative vote of a majority of their respective governing bodies, authorizing the execution of a written agreement defining the terms of such arrangement; and, WHEREAS, the parties have authority to enter into interlocal agreements under the Interlocal Cooperation Act, as set out in Chapter 791 of the Government Code; NOW, THEREFORE, in consideration of the above stated premises and in further consideration of the promises and conditions hereinafter set forth the parties do hereby agree as follows: 1. Each City agrees that it will use all reasonable and good faith efforts to make available for use by the other City, in accordance with the terms hereof, such fire department personnel, vehicles, and equipment as the other City may from time to time request. 2. The initial term of this agreement shall commence on the approval of this agreement by both Cities and continue to and include the 30th day of September, 1995 at which time it will automatically renew for and additional one year and shall likewise renew for additional one year term on each successive September 30th. All such renewals being subject to termination as by either party as herein provided. 3. Neither City shall have a responsibility to reimburse the other for cooperative assistance provided hereunder. However, parties may agree, on a case by case basis, for the recipient City to reimburse the providing City for use of equipment and personnel. Provided 1 however, each City's obligation for payment for such services shall be limited to current revenues available to it. 4. Parties acknowledge and stipulate that the aforesaid arrangement whereby neither City shall charge the other is fair, lack of actual compensation notwithstanding, in that services any services a City receives shall be deemed to be equal to the value of the other City's promise to provide similar services as needed. 5. In the event either party shall desire to amend or terminate the agreement the party so desiring shall give the other party ninety (90) days prior written notice of such intent. Amendments shall be allowed only on an annual basis to become effective on October 1, of the following year; but termination may be made at any time, provided the above required notice has been properly given. 6. Each City shall exercise due diligence and dispatch in its response to request for assistance in the other City and shall take all reasonable actions available to it to assist in timely extinguishing and limiting the damage of any such fire; provided however, that nothing in this agreement shall require the City to perform any activities other than that which could be reasonably be expected from it in lieu of its existing equipment and personnel, at any given time. 7. In accordance with Section 791.006 of the Government Code the parties acknowledge that County, being the party who would have been responsible for furnishing of the services in the absence of this agreement, is responsible for any civil liability that aries from the furnishing of services hereunder. 8. The City receiving the request for assistance shall not have an absolute duty to respond to the such request but duty shall arise only if the City first determines in good faith that complying with the request for assistance will not impair or jeopardize the health, safety and ,y. welfare of its citizens. IN WITNESS WHEREOF, the parties have coursed this agreement to be executed under the authority of appropriate action taken by their respective governing bodies, on the dates indicated. CITY OF WYLIE, TEXAS CITY OF ROWLETT, TEXAS By By Steven P. Norwood City Manager City Manager Attest: Attest: City Secretary City Secretary 2 TAX STA f EMENT/I/LCLIPT FORM BECOMES RECEIPT WHEN VALIDATED RETURN ALL COPIES WITH REMITTANCE FOR PROPER CREDIT 1O0o HAIIO TAXES ARE DUE OCT Isl AND BECOME DELINQUENT FEB 1st 9304677 1993 STMT./RECEIPT NO 9304 )/ - - MKT-PROD.-LAND TAX CEILING OVER 65 MORT.CO. _ -CITY Y UI-' WYL.I.l:. LAND PRODUCTIVITY E 18,000 LAND-OTHER R-6688-00:1-2070- 1 M City of Wylie IIOMESIIE LAND 688 EzLK/SHT 1 LOT/TR 207 ACRES 1 P.O. LOX 428 HOMESITE IMPR 2.0000 SURVEY PI NA F DE LA Wylie, Texas 75098 IMPR-OTHER T OTHER ° 183 000 TOTAL_ASSESSED 2.000 Acres TAXING UNIT EXEMPTIONS(SEE REVERSE SIDE FOR CODES( TAXABLE TAX RATE ORIGINAL TAX -_- 18 Z5O .6n-00 -- C CITY OFWYLIE------- .. _-_-^_------ ------ -- � -- �1� ---- a a.-� 0 . rr- JAN3H994 n,^a�sNk I - kts§irlH m n".ifn[s us 1.1 TOTAL TAXES DUE /-1101473 ..__�.. .._ _l/6/4 3() Oct-elan 114..10 PHILLIPS .TORN THOMAS E fl�X I Feb 07% 8.00 122.30 126 WINDSOR ------_-_-. //� - Mar • 09% 10.29 124.59 WYLIE TX 75098 `T Apr 11% , 12. 57 126.87 May 13% 14.86 129. 16 l_ 3/ 9 . Jun 15%� 17. 15 131 .45 / Jul ;i::i"; 40.80 155. 10 Aug -34% 42.12 156.42 • Sep 35% 43.43 157.73 I TAX STATEMENT/HECEIPT FORM BECOMES RECEIPT WHEN VALIDATED RETURN ALL COPIES WITH REMITTANCE FOR PROPER CREDIT IUO•ti,RAINO (AXES ARE DUE OCI. IsI ANU BECOME DELINQUENT FEB Isl 1.993 SIMT/RECEIPT N093046/8 MKT-PROD.-LAND TAX CEILING OVER 65 MORT CO CITY OF WYL .11:. LAND PRODUCTIVITY R in!.000 LAND-OTHER R-6688--001-2000-1 M City of Wylie HOMESIIELAND .88 BLK/SHT 1 LOT/TR 200 ACRES P.O. BOX 420 HOMESITE IMPR 2.0000 SURVEY F'I NA F DE LA Wylie, Texas 75098 3,907 IMPR-OTHER T OTHER 0 _ _ 213_907 TOTAL-ASSESSED 2.000 Acres_ ______ TAXING UNITEX'MPTIONS 0EE REVERSE SIDE FOR CODES) TA-._._,...XABLE TAX RATE ORIGINAL TAX ---i - :-._ .63`.ids l:�hi.i�. Fr..-. . , 1 .iN 3 11994 I I i i .. i, .. - _ - ._.-..-....._. .. .... -...__ - - Y TARES Alit llSS 1I OifWUNI UR MU9 111 ' /3 /k / / rAm iN YINA�Iv iNlkNfll TOTAL TAXES DUE { 111s1474 / Oc•� an --- i39-1-i.- PHI.L.LIF S JOHN THOMAS Feb 07% 9.74 • .140.85 126 WINDSOR i/. Mar •09 12.52 151 .63 WYLIE TX /5098 Apr,. 11% 15.30 154.41 / � May •13% 18.08 157. 19 Jun . 15:: .. 20.87 159.90 Jul T3:; 49N6f., :l00.77 r Aug 34% 51 .26 'I.90.37 City of Wylie AGENDA COMMUNICATION Submitted By: Dave Brungardt Director: _Police Dept DATE NO. AGENDA ITEM 7/26/94 Dispatch Agreements with Neighbor Cities S • SUMMARY OF SUBJECT Attached is a sample contract for dispatch services for other cities. These cities include Farmersville, Branch, Lucas, Celina, Prosper, Fairview, and Weston. Each city is charged a per capita fee based on its population. The contract and the fees are being reviewed by the City Attorney and Chief of Police. We will be presenting you with the fee schedule and a final draft on Tuesday night following this review. We are not proposing any changes in our current dispatch agreements. We are proposing to extend the existing contracts (due to expire) in September for another two years. ALTERNATIVES Approve Proposed Agreement Extension Deny Proposed Agreement Extension Table Proposed Agreement Extension ACTION REQUESTED Staff is Requesting Approval of the Agreements SUPPORTING DOCUMENTS REVIEWED BY: „uw Memo a Ordinance/Resolution o City Manager Cl Parks Director a Budget 0 Bid Tabs/Specs 0 Finance Director a City Attorney ❑ Map/Plan a Wylie Code of Ord ❑ Police Chief Building Ofric"= ❑ Minutes a Letter ❑ City Secretary a Public War,„ • . a Other o Fire Chief o Engineer ■ REVENUE SOURCES: EXPENDITURE ACCOUNTS: ,,W s Revenue Source ' Expenditure Accounts Budgeted Fiscal Year: Personnel a One-Time ❑ Estimated Expenditure Operations a Recurring a Over/Under Projections by. Capital o APPROVED FOR SUBMISSIO' 0 CITY COUNCIL INTERLOCAL AGREEMENT FOR COMMUNICATIONS CENTER AND DISPATCH SERVICE THIS AGREEMENT is by and between the CITY OF WYLIE, TEXAS, a municipal rry corporation, 2000 Highway 78 N., P.O. Box 428 Wylie, Texas 75098 (hereinafter referred to as "WYLIE") and the CITY OF (hereinafter referred to as " "). WITNESSETH: WHEREAS, WYLIE deems establishment and development of a comprehensive Regional Public Safety and Public Service Communications and Dispatch Center a desirable objective; and, WHEREAS, WYLIE has in place a communication center equipped with radio, telephone, and data equipment and is designated as a 911 Emergency Communications Public Safety Answering Point (PSAP); AND, WHEREAS, WYLIE currently has equipment and operator availability above and beyond the immediate needs of WYLIE and available to address the regional communications/dispatch needs for the purpose of local government/agency communications; and, WHEREAS, WYLIE has determined it to be in the best interest of the public to share its communication facility, equipment and personnel capabilities with cities, towns, fire departments, emergency medical care providers and other governmental entities in order to facilitate more effective and efficient use of the communications center; and, WHEREAS, the Interlocal Cooperation Act, Article 4413(32c) Vernon's Annotated Civil Statutes provides the authority to political subdivisions for contracts by and between each other to facilitate the governmental functions and services of said political subdivisions under the terms of the Act; NOW, THEREFORE, in consideration of the above premises and the promises and agreements hereafter between set forth the parties hereby agree and covenant by and between themselve as follows: 1. WYLIE does hereby agree to provide on a non-exclusive basis, communication and dispatch services through its communications/dispatch center to for the following emergencies: fire, medical, weather, hazardous materials and other general civil emergencies. 2. This agreement and all privileges granted thereby shall be in full force and effect from and after the 1st day of , 1994 at 12:01 a.m. 3 shall bear, pay and discharge any and all obligations, costs, fees or expenses incurred by WYLIE or for its initial start-up and accessing of the Iml'Aunications/dispatch center including the costs of acquiring its required radio and/or telephone equipment. All such charges shall be paid directly by and in no event shall c any charges be made or accrued to WYLIE. 4. shall indemnify and hold harmless WYLIE of and from any and all claims, suits, actions or judgments, including all expenses, attorney fees, witness fees, costs of . defending any such action or claims, or appeals therefrom, or resulting from the negligence of incident to use of said communications/dispatch center or occurring because of ' use of the communications/ dispatch center as a 911 PSAP. 5. WYLIE shall indemnify and hold harmless of and from any and all claims, suits, actions or judgments, including all expenses, attorney fees, witness fees, cost - of defending any such action or claims, or appeals therefrom, resulting the negligence of . WYLIE incident to WYLIE's use of said communications/dispatch center or occurring on the premises where said communications/dispatch center is located. 6. It is the responsibility of to ensure that its use of the communications/dispatch center conforms to all Federal Communications Commission rules "' and regulations. 7. WYLIE and agree to provide complete and adequate ongoing training to personnel selected by or WYLIE in the use of the communications/dispatch center. 8. It is specifically agreed and understood by the parties hereto that this agreement is permissive only and no property rights are granted hereunder. 9. It is understood by that in times of disasters or unusual events, service under this agreement may be interrupted through no fault of WYLIE. In such event, w no credit or rebate shall be earned for such interruption of service, unless ' use of the communications/dispatch center is continuously interrupted for a period of seven (7) consecutive days, in which event shall receive a credit or rebate on a pro-rata basis beginning with the eighth day of continuous interruption. 10. shall be authorized to activate the telephone lines, telephone _w equipment, radio equipment (mobile, portable, or desk type), and other communication or data equipment listed and described in Exhibit "C" attached hereto upon execution of this agreement. Additional equipment, up to a One Hundred Percent (100%) increase in the t„., number of units in any category of equipment, may be added. Such maximum may be adjusted by amendment of this agreement. _ 11. agrees to pay an annual fee for dispatch services equal to One Dollar ($1.00) per capita plus an amount equal to the per minute cost of WYLIE's annual operations cost for its communication division times the number of persons residing in ' service area. 2. For WYLIE's FY92 the service fee is One Dollar ($1.00) plus WYLIE's Per Vm -'ute operational fee of ° �times i, persons in service area for a total 5• which said amount shall bepro-rated from to 30 t.QB a��0 11ir�Li �� ( ) which shall be paid within thirty (30) days from the execution of this agreement. Payment for services in future years shall be due quarterly, in advance and payable within thirty (30) days from receipt of statement from WYLIE. 13. Should elect to request that a type of service available through WYLIE be provided on a less than full time basis, the annual service fee for that service shall be calculated, billed and paid on a pro-rata basis. The fee in such instance shall be calculated as a percentage of the fee that would be due if the service were to be provided on a full time basis. The percentage of time the service is to be provided shall be used to calculate the annual service fee. 14. The annual population estimates available from the North Central Texas Council of Governments (NCTCOG) shall be used to calculate the annual service fee. If all or part of ' service area is outside an area for which NCTCOG makes an annual population calculation, the population for that area shall be determined annually by adding or subtracting the annual growth rate for Collin County, as determined by NCTCOG, from the population estimate used to calculate the annual service fee for this area in the preceding year. 15. Failure to pay any service fees within thirty (30) days of the due date thereof may be considered sufficient reason to temporarily suspend services furnished by WYLIE under this agreement. If such suspension of services becomes necessary, WYLIE will furnish notice of such suspension and the effective date and time thereof in accordance with the procedures for revocation of services stated herein above. 16. So that WYLIE and all entities or agencies participating in the regional communications/dispatch center may have projected cost estimates in advance of the normal municipal budgeting cycle, WYLIE shall evaluate and determine the estimated annual costs for operating the communications/dispatch center prior to July 1 of each year. Based on this determination of costs, each participation entity shall be furnished an estimated cost for participation for the next fiscal year with this estimate to include the annual service fees and the call for service fees. This estimate will be furnished on or before July 15 of each year. Rate increases, based on this annual review, shall be determined by WYLIE prior to September 1 of each year and shall be effective for services received after October 1, the beginning of a new fiscal year for WYLIE, of each year, WYLIE shall notify each participant in the regional communications/dispatch center of any rate increases for services performed or in the annual service fee by certified mail, mailed to the person designated in this agreement to receive such notices, mailed on or before September 1 of each year. 17. WYLIE shall provide the equipment, all necessary maintenance, supplies, personnel, and all other expenses necessary for the operation of the regional communications/dispatch center. 18. shall pay all expenses for operation and maintenance of any k° % pment of facilities installed and operated at the regional communications/dispatch center for the exclusive use of . Radio equipment transmitting on frequencies used only by or special telephone equipment to terminate lines for the exclusive use of , or its service area, are examples of the types of equipment or facilities that fall into this category for determination of costs and who is responsible for payment of related expenses. 19. ' rights under this agreement may not be assigned to its successors in interest without the written consent of WYLIE. 20. In the event or WYLIE should fail to fulfill any of its obligations hereunder or shall violate any municipal, county, state or Federal law, either party to this agreement shall have the option of revoking this agreement by giving written notice of such violation and intent thirty (30) days in advance of the effective date of the termination. 21. may terminate their agreement with sixty (60) days prior written notice to WYLIE for the following circumstances: (a) Within one hundred twenty (120) days of proposed rate increase, or (b) If WYLIE has failed for thirty (30) days to remedy breach of any of its obligation hereunder. 22. Any notice, payment, statement, demand or correspondence required or permitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail. Notices of rate adjustment, notice of termination of this agreement, and notices of address changes shall be delivered by certified mail. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. If intended for WYLIE, to: Mail address Steven P. Norwood City Manager City of Wylie Box 428 Wylie, TX 75098-0428 Physical address Steven P. Norwood City Manager City of Wylie 2000 Highway 78 North c04‘*°‘ Wylie, TX 75098-0428 If intended for , to: Mail address 23. Correspondence, comments, requests, and complaints regarding services rendered under this agreement shall be reduced to writing and forwarded to the persons designated above. In no case shall any person make any complaint, request, comment or demand, other than those that would be considered normal business transactions under this agreement, to on duty personnel or to any person other than the persons designated in paragraph 22 above. Failure to properly forward comments, requests, demands, and complaints may be considered as sufficient cause to revoke this agreement under the provision of paragraph 20 and 21 hereof. 24. Unless otherwise designated in writing and made a part of this agreement, the persons designated in paragraph 22 above are hereby designated as the agent for the parties to this agreement and as such are designated and authorized to make decisions and determinations as may be authorized in this agreement or as may be necessary for the effective, efficient providing of service under this agreement. Such decisions, once made shall be final and binding under the terms of this agreement. 25. This agreement shall expire on jigimelb, 1994, unless extended by written agreement signed by both parties or sooner terminated as herein provided. IN WITNESS WHEREOF, the parties have executed this agreement on the dates set forth below. CITY OF WYLIE, TEXAS, a municipal corporation ATTEST: APPROVED: CITY SECRETARY MAYOR, CITY OF WYLIE ATTEST: APPROVED: CITY SECRETARY MAYOR CITY OF City of CWyf ie AGENDA COMMUNICATION Submitted By: _Shan English Director: _Fire Dept DATE NO. AGENDA ITEM 7/26/94 Resolution Adopting Emergency Management Plan SUMMARY OF SUBJECT Council has been given a copy of the proposed Emergency Management Plan to be implemented jointly with Collin County. In order to accomplish this, both the Wylie City Council and Collin County Commissioner's Court will need to adopt a resolution accepting the plan. The individual departments will be developing standard operating procedures upon adoption of the plan. Representatives of the Fire Department and various other departments will be present Tuesday night to answer Council's questions regarding the plan. ALTERNATIVES (1)Adopt Resolution (2)Table Resolution (3)Deny Resolution ACTION REQUESTED Staff is Requesting that Council Approve the Emergency Management Plan SUPPORTING DOCUMENTS REVIEWED BY: Memo a Ordinance/Resolution ❑ City Manager ❑ Parks Director ❑ Budget a Bid Tabs/Specs a Finance Director ❑ City Attorney ❑ Map/Plan ❑ Wylie Code of Ord ❑ Police Chief Building Official a Minutes ❑ Letter 0 City Secretary o Public Works Supt. ❑ Other o 1 Fire Chief ElEngineer o REVENUE SOURCES: EXPENDffURE ACCOUNT& Revenue Source Expenditure Accounts Budgeted Fiscal Year: Personnel ❑ One-Time 0 Estimated Expenditure Operations ❑ Recurring ❑ Over/Under Projections by: Capital a APPR• • : U s•N TO C COUNCIL eager RESOLUTION NO. WHEREAS, the City of Wylie and Collin County Commissioners Court have established similar programs of comprehensive emergency management which includes the mitigation, preparedness response and recovery phases of emergency management; and WHEREAS, the City and County find that vulnerability to many potential hazards is shared by residents of Wylie and the unincorporated portions of Collin County; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie that: SECTION 1. There is hereby established the Collin County Emergency Management organization which shall consist of the officers and employees of the City and of the County as designated in a joint emergency management plan, together with such organized volunteer groups as that plan may specify; and SECTION 2. The Mayor of Wylie shall mutually appoint with the County an Emergency Management Coordinator to coordinate all aspects of the Wylie / Collin County program of comprehensive emergency management, including the preparation and maintenance of a joint emergency management plan for Wylie and Collin County in accordance with this resolution. DULY PASSED AND APPROVED on this the 26th day of July, 1994. APPROVED Al LEST City of Wylie • AGENDA COMMUNICATION _., SUBMITTED BY: Community Development DIRECTOR: Russell Wyman DATE REFERENCE NO. ._ SUBJECT 7/20/94 Final payment request for Don L. Owen, Inc. Repainting of the Nortex Ground Storage Tank SUMMARY OF SUBJECT: Recommendation for approval of final payment in the amount of $3,540.00 to Don L. Owen, Inc. for the repainting of the 1.0 mg Nortex Ground Storage Tank. A final walk through was made on July 7, 1994 and the project was complete and in accordance with the specifications. ALTERNATIVES: No alternatives are recommended ACTION REQUESTED: Accept completion of project and approve the final pay request. • REVENUE SOURCES: EXPENDITURE ACCOUNTS: Nortex Ground Storage Repainting BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ 3,540.00 • OVER/UNDER PROJECTIONS BY: PERSONNEL D OPERATIONS 0 ONE-TIME 0 $ CAPITAL O RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER .- BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECT R OF PARKS/REC. CITY SECRETARY �- LIBRARY DIRECTOR DIRECTOR OF FINANCE ��WORKS SUPR. POLICE CHIEF CITY ATTORNEY FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER THE HOGAN CORPORATION Engineers • Planners • Consultants July 20, 1994 Honorable Mayor and City Council City of Wylie P.O. Box 428 Wylie, Texas 75098 Re: Repainting of Nortex Ground Storage Tank _ Dear Mayor and Council Members: On July 7, 1994, the final walk-through was performed on the above referenced project. In attendance were: Mr. Don L. Owen - Contractor Mr. Bahram Niknam, P.E. - Deltatek (Inspector) Mr. Phil Blakely - City of Wylie Ms. Lisa Price - City of Wylie Mr. Gregory S. MacLean, P.E. -The Hogan Corporation • The final walk-through indicated that the project was complete and in accordance with the specifications. Mr. Niknam indicated that the required coatings were used and specified thicknesses were achieved. Therefore, the project is complete and ready for final acceptance. The warranty period will begin on July 7, 1994. Sincerely, Gregory S. MacLean, P.E. Project Manager The Hogan Corporation - Member,Consulting Engineers Council of Texas 12900 Preston Road at LBJ, Suite 620 .l►: Member,American Consulting Engineers Council North Dallas Bank TowerDallas,Texas 75230 TEL: (214)392-4600 FAX: (214)490-7163 DON L. OWEN, INC. 0 L1 V (ca) 0 CO PAINTING CONTRACTOR Q�}�? 1003 Office: Mailing Address: 704 W.Simonds Rd. P.O.Box 360865 Seagoville,Texas 75159 Dallas,Texas 75336 - (214)557-1142 "'DATE TO • • July 12 , 1994 Jim Holcomb CUSTOMER ORDER ND. City of Wylie P. 0. Box 428 `a°N Wylie, TX 75098-428 VIA • • TERMS: Net 30 �,{�1 4-t , :� `ti f•:,:.. DESCAIPtION' w I tip.PRICE t. .. �,� iwOU .-,t1'y"y. 11�esT. z�'-s.�.'� ' '•.w�;-i: ._.•_, }�.,v u�:i...4.. .L�SF.:s.Z,x�r✓..4. •X.P.13V.,1w. Op*:t �r.`nsu.Y.ns ..F... { .Ya-:a.,t4a,4ls Repainting of the Existing 1 .0 MG Nortex Ground Storage Tank APPLICATION FOR PAYMENT Contract Amount 100% Complete $30,000.00 Amount of Previous Request 26,460.00 Amount of this request $ 3,540.00 $3, 540 ,00 • O ew