08-23-1994 (City Council) Agenda Packet • •
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AGENDA
WYLIE CITY COUNCIL
Wylie Municipal Complex
August 23, 1994
7:00 p.m.
CALL TO ORDER
INVOCATION- Kirk Taylor, First Baptist Church of Murphy
PLEDGE OF ALLEGIANCE
CONSENT AGENDA
1. Consider Approval of the Minutes of August 2, and August 9, 1994
2. Consider Approval of an Easement Agreement with Michael Bunting
ACTION ITEMS
3. Discuss and Consider Approval of an Ordinance Disannexing Four Acres
at the Request of John Phillips
4. Discuss and Consider Approval of a Resolution Authorizing a Sewer
Grant Application Under the 1994 Texas Community Development
Program
5. Discuss and Consider Approval of a Resolution Requesting TML to
Support Legislation Re: the Enforcement of Juvenile Community Service
6. Discuss and Consider Authorizing the City Manager to Contract with ADS
Environmental Services for Sewer System Inflow/Infiltration Analysis
7. Discuss and Consider Approval of an Ordinance Adopting the 1994
Uniform Building Code
8. Consider Approval of an Ordinance Adopting the 1994 Uniform Code for
the Abatement of Dangerous Buildings
9. Discuss and Consider Approval of an Ordinance Adopting the 1994
Uniform Housing Code
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STAFF REPORTSItjt
CITIZEN PARTICIPATION
EXECUTIVE SESSION
f
10. Hold Executive Session under Section 551.074 Government Code to
Consider:
(a) Appointment to Park Board
(b) Review of Municipal Court Judge
11. Reconvene Into Regular Session and Consider Action
WORKSESSION
Hold Worksession Regarding Water & Wastewater Conditions and Final Budget
Changes
ADJOURNMENT
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9
Wylie City Council
LI
Agenda Communication for August 23, 1994
Consider Approval of the Minutes of August 2 and August 9, 1994
1
Ptepated b4 f{pptoved by
Minutes of the Wylie City Council
August 9, 1994
CALL TO ORDER
Mayor Jim Swartz called the meeting to order with the following Councilmembers
5 present: Reta Allen, John Mondy, Steve Wright, Ortie Messenger and Cleo Adams. Bobby
Jennings was absent.
CONSENT AGENDA
(1) Minutes of My 26, 1994
(2) Ordinance No. 94-21 Annexing .50 acres located on S. Ballard Street, North of the
10 Fire Station in Abstract 23, Tract 32.
Ordinance No. 94-22 Annexing .50 acres located on S Ballard Street, North of the Fire
Station in Abstract 23, Tract 33.
Ordinance No. 94-23 Annexing 1.995 acres located at the Southwest Corner of Brown
and W.A.Allen (Eubanks) Abstract 688-5, Tract 115
15 Ordinance No. 94-24 Annexing 1.115 Acres on E. Brown Adjacent to Shiloh Baptist
Church in Abstract 688-4, Tract 107
Ordinance No. 94-25 Annexing 2.08 Acres on Eubanks North of St. Louis
Southwestern Railroad in Abstract 688-2, Tract 71
Ordinance No. 94-26 Annexing 1.699 Acres on Eubanks North of St. Louis Railroad
20 in Abstract 688-2, Tract 73
Ordinance No. 94-27 Annexing 1.717 Acres on Hooper Road South of Hooper
Business Park in Abstract 703 Tract 10
Ordinance No. 94-28 Annexing 5.367 Acres on Hooper Road South of Hooper
Business park in Abstract 703, Tracts 2 and 3
25 Ordinance No. 94-29 Annexing 1.052 Acres at the Southwest Corner of Brown and
Carriage House in Abstract 266 Tract 5
Ordinance No. 94-30 Annexing 1.071 Acres south of West Brown and West of Nortex
Nursery in Abstract 266 Tract 15
Ordinance No. 94-31 Annexing 6.3 Acres South of West Brown Street and West of
1
30 Nortex Nursery in Abstract 266, Tract 6
Ordinance No. 94-32 Annexing 3.06 Acres on FM-544 North of Steel Industrial Park
in Abstract 835, Tract 7
Ordinance No. 94-33 Annexing 7.96 Acres on FM-544 West of Hooper Business Park
in Abstract 835, Tract 8 and 10
35 Ordinance No. 94-34 Annexing 5.42 Acres at the southwest Corner of FM-544 and
Hooper Road in Abstract 835, Tract 12
Three proposed annexations as follows were removed from the Consent Agenda by
City Manager Steve Norwood:
A 1.0 acre tract located on West Brown at the Nortex Nursery, in Abstract 266,
40 Tract 18
A 1.3 acre tract of land locate on West Brown at the Nortex Nursery, in
Abstract 266, Tracts 13, 17, and 20
A .78 Acre tract of land located on West Brown at the Nortex Nursery, in
Abstract 266, Tract 7
45 Norwood explained that extending sewer or making sewer available to these tracts was too
costly an expense for the City to incur. Wright made a motion to approve the minutes.
Mondy seconded the motion. The motion was voted on and passed unanimously. Swartz
read the annexation ordinance caption for the proposed annexations and the description of
each tract. Messenger made a motion to approve the ordinances. Mondy seconded the
50 motion. The motion was voted on and passed with all in favor except Adams who was
opposed.
PUBLIC HEARING, ADOPTION AND PRESENTATION FROM DOUGLAS CARGO
FROM ESPY, HUSTON & ASSOCIATES, REGARDING COMPREHENSIVE PLAN
Douglas Cargo summarized the activates of the Council and Planning and Zoning
55 Commission which resulted in the final draft of the Comprehensive Plan. He stated that the
plan was a blueprint for future development and noted that amendments would probably be
required in the next few years as development become more progressive. Messenger
confirmed that as a result of the last worksession, a second major ballfield park had been
included in the plan. As there was no one present wishing to address this issue, the public
60 hearing was closed. Allen made a motion to adopt the Comprehensive Plan. Mondy
seconded the motion. The motion carried unanimously.
RESOLUTION NO. 94-17 EXTENDING AGREEMENT WITH CITY OF MURPHY FOR
2
SEWAGE TREATMENT SERVICES
Norwood explained that the resolution provided for a six month extension to a three
65 year agreement already in place. Mondy questioned the adequacy of the Wylie Wastewater
Treatment Plant to accept the flow from Murphy. Norwood explained that Wylie would be
needing another wastewater plant in the near future regardless of the Murphy tie-in and stated
that the North Texas Municipal Water District was monitoring the use. Wright made a
motion to approve the resolution authorizing the extension to the agreement. Mondy
70 seconded the motion. The motion was voted on and passed unanimously.
REQUEST FROM PHOENIX GALLERIES FOR A BENEFIT AUCTION
Norwood explained that Doyle Spurgin, owner of Phoenix Galleries, was operating an
auction house under a Specific Use Permit approved by Council in December, 1993. He
explained that Mr. Spurgin had proposed to hold a charity auction on Friday, August 19th
"" 75 although the building restoration was not completed. Mr. Spurgin stated that he had complied
with the requests of the Building Official and would met the terms of his SUP ordinance.
Adams made a motion to approve the request. Mondy seconded the motion. The motion
carried unanimously.
RESOLUTION NO. 94-18 CERTIFYING THE CITYS DELINQUENT TAX ROLL TO THE
80 COLLIN COUNTY TAX ASSESSOR/COLLECTOR AS OF AUGUST 3, 1994
Director of Finance Brady Snellgrove stated that the City's new Tax Assessor
Collector needed a Certified Consolidated Delinquent Tax Roll for 1993 and prior years in
order to begin collection city taxes. In response to a question by Mondy, Snellgrove
estimated that about $80,000 each year is collected in delinquent taxes from prior years.
85 Wright made a motion to approve the resolution. Mondy seconded the motion. The motion
was voted on and passed unanimously.
REQUEST FROM WAA FOR ALL-NIGHT TOURNAMENT, BENEFIT TOURNAMENT
AND FEE WAIVER
Council considered approval of a request from WAA for an all-night softball
90 tournament on September 17th from 9:00 a.m. to 5:00 a.m. on September 18th with profits to
be divided between Christian Care Center and Meals on Wheels. In addition, the WAA
request included a waiver of the $100.00 per field fee. Norwood pointed out that the
tournament went without incident in the previous year but encouraged Council to require off-
duty police personnel if the request was approved. Wright made a motion to approve the
95 requests with the requirement proposed by the City Manager. Allen seconded the motion.
The motion was voted on and passed unanimously.
ORDINANCE NO. 94-35 REGARDING ADDRESS NUMBERING
3
Norwood explained that the ordinance required a minimum of three inch number for
building addresses and required building permit applications to be made to the Building
100 Official as opposed to the City Secretary.
STAFF REPORTS
The City Manager updated Council on sales tax revenues, noting an 8% decrease
recently but a 20% increase for the year and Brady Snellgrove discussed the monthly financial
statements.
h., 105 CITIZEN PARTICIPATION
Jerri Smith, representing the Library Board, requested that Council observe National
Children's Book Week in November, allow the Library Board to put information in the
quarterly citizen newsletter, put notices on water bills, and distribute "A Reader is a Leader"
buttons.
110 Tim Hillary made a complaint regarding what he contended was an inaccurate accident
report taken by Wylie Police officers.
EXECUTIVE SESSION
Council adjourned into executive session under 551.074, Government Code, at 8:15
p.m. to discuss an appointment to the Park Board. Upon reconvening into regular session at
115 8:30 p.m., Monday made a motion to table the appointment. Wright seconded the motion.
The motion was voted on and passed unanimously.
ADJOURNMENT
As there was no further business to come before Council for consideration, the
meeting adjourned.
120
APPROVED
ATTEST
4
Minutes of the Wylie City Council
Special Meeting
August 2, 1994
CALL TO ORDER
5 Mayor Jim Swartz called the meeting to order with the following Councilmembers
present: Reta Allen, John Mondy, Bobby Jennings and Cleo Adams. Ortie Messenger was
absent and Steve Wright arrived during the Executive Session.
EXECUTIVE SESSION
Council adjourned into Executive Session under 551.072, Government Code, at 7:00
10 p.m. to discuss land acquisition as it relates to the Development Corporation of Wylie, Inc.
and industry relocation. Upon reconvening into regular session, Allen made a motion to
endorse the proposal of the development corporation to consider the purchase of property for
economic development not to exceed $350,000. Adams seconded the motion. The motion
was voted on and passed unanimously.
15 WORKSESSION ON PROPOSED 1994-1995 BUDGET
Council reviewed the projected revenues and proposed expenditures in the 1994-1995
annual operating budget. Council discussed a proposed tax increase and the use of those
revenues generated by the increase to go toward the development of an animal shelter. City
Manager Steve Norwood outlined the budget proposed and answered questions of Council.
20 ADJOURNMENT
Being no further business to come before Council for consideration, the meeting
adjourned.
APPROVED
- 25
ATTEST
Wylie City Council
Agenda Communication for August 23, 1994
Consider Approval of an Easement Agreement with Michael Bunting
ISSUE
The purpose of this item is to approve a permanent Utility Easement Agreement negotiated with
Mr. Mike Bunting, owner of Bunting Marine, 635 Eubanks Lane. This utility easement is
necessary to fulfill the city's obligation to an adjacent property owner of making accessible a
sanitary sewer line to connect.
BACKGROUND
The City of Wylie annexed two parcels located at the southeast corner of Hwy. 78 and Eubanks
in July, 1984. Attachment B identifies the parcels as tracts 79, 80, and 81. Mr. Jim McKee, the
current owner of tract 79, made an appearance before the City Council on April 12, 1994. Mr.
McKee explained that he had been unable to secure an easement across tract 80 that would
enable him to connect with a city sanitary sewer main. The owner of tract 80 currently has that
property for sale and was unwilling to voluntarily provide an easement or consider an offer. The
owner of tract 80 shares ownership and control of tract 81 with family members. Negotiations
for securing an easement across tract 81 were made difficult by this ownership arrangement and
the uncertainly regarding the impact that the sale of tract 80 would have on the future use of
tract 81. Another option considered was to connect with a sewer line running parallel to Highway
78 and located directly in front of Mr. McKee's property. However, this was rejected by the
Texas Department of Transportation because of the future expansion of Highway 78.
City staff was approached by Mr. Bunting and was asked if he and the city could reach an
agreement even though his property, (tract 82) was not in the city. City staff responded yes and
recognized that Mr. Bunting's property represented a viable option. An arrangement was
discussed that would enable Mr. Bunting and Mr. McKee to connect with the city sanitary sewer
system. The arrangement calls for Mr. Bunting to provide a utility easement, the city to provide
materials, and Mr. McKee to provide the labor and equipment. Mr. Bunting will be charged fifteen
(15) percent above the standard rate charged commercial customers located within the city's
limits for water and sewer services.
The primary terms of the agreement negotiated with Mr. Bunting include:
1 .) Grantor may use the area as a parking lot;
2.) The Grantor shall receive a sewer line at no-cost and a water line at one-half cost or $500
which ever is less;
3.) The City sha not annex the Grantor's property for five years.
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diAt4 _ lea6r-Z
Prepared by Approved by
BACKGROUND (continued)
The city would be forced into condemnation proceedings to acquire a utility easement across
either tract 80 or 81. This situation would result in a delay of between three months to one year.
The city would incur expenses associated with the condemnation process and the purchase of
the easement at fair market value. The cost of providing the materials would be less and would
fulfill the city's obligation to Mr. McKee.
FINANCIAL CONSIDERATIONS
The estimate for the purchase of 2200 square feet of easement across tract 80, based on current
market value, would be $2,200.
The total cost of materials for the water and sewer connections for Mr. McKee and Mr. Bunting
was approximately $600. Based on the estimated value of the building and improvements on
tract 82, Mr. Bunting would have paid approximately $1,500 over the next five years.
LEGAL CONSIDERATIONS
Wylie Ordinance 90-9 establishes that sewer connections are required to be made if within 500
feet where sanitary sewers now exist. Mr. McKee exercised good faith efforts to comply and
exhausted all other options accept asking the city to commence condemnation proceedings.The
agreement with Mr. Bunting allows the city to fulfill its obligation to Mr. McKee of making
accessible a sanitary sewer line to connect.
BOARD/COMMISSION RECOMMENDATION
No formal actions were required from a city board or commission.
STAFF RECOMMENDATION
It is recommended that the City Council approve this agreement.
ATTACHMENTS
Easement Agreement, location map.
EASEMENT AGREEMENT
STATE OF TEXAS )
) ss:
COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS that the undersigned C.A. Bunting (GRANTOR)
as the Owner of the real estate hereinafter described, for and in consideration
of the agreements of the City of Wylie, Texas (CITY), as hereinafter contained.
the sufficiency of which being hereby acknowledged, hereby grants and conveys
unto the City a permanent easement and right-of-way to lay, construct, maintain,
operate, replace, change, repair, and remove water and sanitary sewer, together
with all other incidental equipment and normal appurtenances pertaining thereto,
through, on, under, and over the following described real estate, located in
Collin County, Texas, to wit:
The South ten feet of the following described tract:
BEING, a tract of land situated in the Francisco de la Pina Survey,
Abstract 688, and also being a part of a 2.623 acre tract recorded in
Volume 448, Page 532, Deed of Trust Records, and being more particularly
described as follows:
BEGINNING at a point in the centerline of a county road, said point
being the Northeast corner of said 2.623 acre tract on the south line of
the G.C. & S.F. Railroad R.O.W. , a point for corner:
THENCE, SOUTH, along the centerline of a county road, a distance of 359.32
feet to a point for corner:
THENCE WEST, leaving the said centerline of a county road a distance
of 220.0 feet to a point for corner:
THENCE, NORTH, a distance of 234.68 feet to a point on the south
line of the G.C. & S.F. Railroad R.O.W. , a point for corner:
THENCE, N 60°28' E, along the said South line of the G.C.& S.F.
Railroad R.O.W. , a distance of 252.85 feet to the PLACE OF BEGINNING and
containing 1.50 acres of land.
together with the rights of ingress and egress over and across said real estate
and a temporary (120 days) construction easement extending an additional five
feet north from the permanent easement boundary.
TO HAVE AND TO HOLD unto the City, its successors and assigns, the above
described easement and right-of-way , and the Grantor does hereby bind
themselves, their heirs, executors, administrators and successors to warrant and
forever defend all and singular the said premises to the City, its successors and
assigns, against every person claiming any interest in such real estate.
In consideration of receipt of the above described easement the City hereby
agrees to the following terms and concessions relative to the use and
establishment of such easement, to wit:
A. Grantor shall have the right to make use of the easement area for a
parking lot, or any other use which does not interfere with the above granted
easement rights, even to the extent of paving the area; provided however that in
the event the area is paved it shall in no way restrict the City's access to the
public improvement place therein. In the event the easement area or a part
thereof is paved and the City needs to dig through the pavement to maintain or
service the line(s) the cost of restoration of the pavement shall be borne by
Grantor.
B. City shall provide Grantor with connections onto the sewer line that is
laid in the easement area, and the City water line at mutually acceptable
locations, and the Grantors responsibility for such connections shall be limited
to an amount equal to one half the cost of the water line, or $500 which ever is
less; provided however, that such limitation shall not include usual utility
deposit fee (currently $125.00) nor Grantors obligation to timely pay for all
water and sewer service provided at the City's then established rates.
C. City shall not annex, unless Grantor shall make a written request
therefore, any or all of the above described real estate during the five year
period commencing from the execution hereof.
�,
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IN WITNESS WHEREOF, we have set our hands this i. day of' 1a , 1994.
City of Wylie, Texas
C
By
C.A. Bunting
ACKNOWLEDGEMENT
•
STATE OF TEXAS, COUNTY OF gigeele_i s:
BE IT REMEMBERED, that on this Z,( J day of ,
1994, before me, the undersigned notary public, cam C.A. Bunting, who is
personally known to me to be the same person who executed the within instrument
of writing and such person duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year last above wri n.
61'
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ary
%�t te of Texa
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STATE OF TEXAS, COUNTY OF , ss:
BE IT REMEMBERED, that on this day of
1994, before me, the undersigned notary public, came
, Mayor
of the City of Wylie, Texas, who is personally known to be to be the person who
executed the within instrument of writing in such capacity, and such person duly
acknowledged the execution of the same as the act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and last above written.
Notary Public
(SEAL)
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Wylie City Council
Agenda Communication for August 23, 1994 #
3
Discuss and Consider Approval of An Ordinance Disannexing a Four Acre
Tract of Land on Paul Wilson Road at the Request of John Phillips
ISSUE
John and Geraldine Phillips have requested that their four acres 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 failing to
provide sanitary service in the ten years following annexation of the property in September, 1984. The
Phillips do not reside on the property.
BACKGROUND
Council has been approached by many residents, now, in this area. It has been Council's practice in
all but one case to not disannex property where the property is not owner-occupied. The exception
was the Tri-County property where the applicant was unable to meet development requirements by
way of the odd-shaped lot and was unable to tie onto the gravity main.
FINANCIAL CONSIDERATIONS
By disannexing the property in the middle of a calendar year, the Phillips will not be spared paying
1994 City taxes. Under the Tax Code, they will receive a city tax bill in January even if the property is
disannexed Tuesday night. 1993 Taxes were $253.00
LEGAL CONSIDERATIONS
Council has not established a definite policy regarding disannexation of property that is not owner-
occupied. However, Council has developed a consistent practice. The Phillips cannot force the City to
disannex without residing on the property. Council does have the ability to do so though without
public hearings or advertisements of any kind.
STAFF RED MMENDATION
Disannexation is a discretionary decision of Council. However, should Council choose to disannex the
property, an enacting ordinance has been provided.
ATTACHMENTS
Ordinance disannexing property as requested by John and Geraldine Phillips.
lit efs
Ptepated y Apptoved by
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
AIIEST:
Mary Nichols
City Secretary
Approved:
Steven P. Defter
City Attorney
3
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
`tassoud 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 Acr. r-anr Cnnv.yeH rn Ar•.,,.,+ H. cr_•..e recorded
in
7olume 797, ?age 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 ?lace of Beginning;
THENCE: M. CO 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. 13 min. 28 sec. C 584.70 ___: to an iron stake set
for corner.
THENCE: S 00 deg. : 149.00 fee: to an iron stake set for corner.
THENCE: S 39 deg. 13 min. 28 sec. W. 334.70 fee: to :ne ?lace of 3egin—
aing and containing 2.000 acres of land.
TRACT TWO:
'_ein3 all that certain lot, tract or parcel of land situated in Collin
County Texas, being out of the Francisco de la ?ina Survey, Abstract
No. 688 and being Far: of a 45.339 acre tract of land conveyed to Don
asscud recorded in 7olW 1337 ? 3CC, Co__ County GeeRecor
ds
�.�- , age �_..
and being more par- -..,,__., described as follows:
Commencing a: an iron stake found for corner in :ne «es: line of said
Francisco de la Pine survey, Abstract No. 688. said point being in the
intersection of two County Roads, said point also being :h Southwest
H.corner of a 47.751 acre tract conveyed to Arwood H. Stowe,recorded in
%oluze 797, Page 704, Collin County Deed Records, :hence: N 00 deg.
• min. W 2149.00 feet along center of County Road and the West line
of said Francisco de la ?ina Survey to an iron stake ,e- _o. _orner,
:ne Place of-3eginniag:
::ONCE: N 00 deg. 27 min. ': 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. 13 min. 23 sec. E 584.70 fee- to an iron stake set
for corner.
THENCE: S .0 deg. _ ai n. _ 149.00 feet :a an _.on stake se: for corner.
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No.
Wylie City Council
Agenda Communication for August 23, 1994 [II
Discuss and Consider Approval of a Resolution Authorizing a Sewer Grant
Application Under the 1994 Texas Community Development Program
ISSUE
The purpose of this item is to consider approval of a resolution authorizing the submission of an
application for grant assistance under the 1994 Texas Community Development Program (TCDP),
authorizing a local match, and designating the city manager to act as the city's representative in
all matters pertaining to the City's participation in the Texas Community Development Program.
BACKGROUND
The City of Wylie will make application for a $250,000 grant assistance under the 1994 Texas
Community Development Program. The source of the funds is the federal government. The
Texas Department of Housing and Community Affairs (TDHCA) administers the program at the
state level. Lee Lawrence, Southwest Consultants, has been retained to develop the technical
background information, complete the grant application and assist the city throughout the review
process.
The City's sewer system in the older, central part of town has been in place for well over fifty
years, consisting of clay tile lines with brick manholes, resulting in major problems with inflow
and infiltration of surface water. The projects contained in the grant application are designed to
improve this situation. (Attachment A)
This submission represents the third time Wylie has made application. The two previous times,
in 1992 and 1993, the State Review Committee did not recommend the city for funding. The
grant approval process involves scoring of the application by a Regional Review Committee,
consisting of 12 elected county and city officials and the TDHCA Community Development
Program Staff. Several distress factors that are considered when scoring the applications,
including income levels of those persons directly benefiting from the improvements as well as
city wide income levels are weighted differently at the State level. The Regional Review
Committee in 1993 awarded Wylie's application a score high enough to qualify for funding.
However, when the same application was considered by the Community Development Program
Staff, Wylie's score decreased because of how the distress factors (income, property, and
unemployment) were weighed. The technical merits of the projects were ranked consistently
high by both review Committees. The project list contained in the 1994 Application is virtually
identical to those submitted in 1993.
Enhancing the competitiveness of the application, the city pledged a significant financial
overmatch to the program. This is reflected in the scoring received by the city. This reflects a
strong commitment on the city's part to the area. Wylie is requesting $250,000 and will match
this award by allocating $316,000 to the overall project.
(T64 Ake) (AA /(2-e-e-eP-e,7Q
Ptepated by y4pptoved by
BACKGROUND (continued)
There is strong reason to believe that Wylie will receive funding. The State announced recently
that the there would be allocations made under a double funding cycle for the 1994 grant
applications. The state has been unable to expend in recent years, its full allocation of funds from
the Federal government. The Department of Housing and Urban Development has indicated that
the state would lose these funds if not allocated in a more timely manner. The state developed
a plan under which grants would be submitted and scored as they would in a normal process.
However, twice as many communities will receive funding. Cities that are scored in the first tier,
funding will be received in early 1995. Cities that are scored in the second tier, funding would
not be allocated until late spring.
The second of two Public Hearings will be conducted on Wednesday, August 23, 1994. All
remarks received will be included in the application. The 1994 grant application will be formally
submitted to the Texas Department of Housing and Community Affairs on August 31. The
Regional Review Committee will hold its meeting to score the applications in mid-December
(unless an unusually larger number of applications is received, which might delay the meeting
until early January). The City will be given an opportunity to make a formal presentation to the
Committee at that time. The Regional Review Committee will submit its recommendations to
the State. The TDHCA Staff will score the applications immediately after the RRC submits its
scoring.
FINANCIAL CONSIDERATIONS
Wylie is requesting a $250,000 grant. The city has pledged to match this grant award by
allocating $316,000 to the overall project. The City has two years from the time the grant is
awarded to fulfill this commitment. Approximately $63,000 is budgeted in the FY 1995 for
engineering costs associated with the projects.
LEGAL CONSIDERATIONS
BOARD/COMMISSION RECOMMENDATIONS
No Board or Commission consideration was required.
STAFF RECOMMENDATIONS
It is recommended that this resolution be approved authorizing the submission of an application
for grant assistance under the 1994 Texas Community Development Program (TCDP),authorizing
a local match, and designating the city manager to act as the city's representative in all matters
pertaining to the City's participation in the Texas Community Development Program.
ATTACHMENTS
1994 Grant Application Project List
PROJECT LIST
.. Sanitary Sewer Facilities
The City of Wylie proposes to replace existing deteriorated and undersized clay tile sewer lines
and deteriorated brick manholes with 9,851 linear feet of 8" PVC sewer line and 39 concrete
u manholes,as follows:
Proposed Facilities Existing Facilities
w.. Stet From IQ
Alley between
First&Second Brown St Marble St 8" 700 LF-6"
-' Alley between Brown 600'north 200 LF-4"
Ballard&Jackson of Brown 8" 400 LF-6"
Oak Rail line 8" 1,125 LF-6"
Alley between 250'north
Jackson &Birmingham of Marble Rail line 8" 1,300 LF-6"
Alley between 950 LF-4"
Keefer&Cotton Belt Marble Rail line 8" 400 LF-6"
Alley between 600'south
First and Ballard Butler of Butler 8" 600 LF-6"
Alley between Birmingham 100'west 275 LF-6"
Kirby&Stone of Ballard 8" 400 LF-4"
Alley between
- Easter&Memorial Valentine Kirby 8" 651 LF 6"
Alley between
Memorial&Mardi Gras Valentine Kirby 8" 1,200 LF-6"
Alley between
Second&Third Oak Master 8" 400 LF-6"
"" Alley between
Butler&Masters Ballard Second 8" 600 LF-6"
Water Facilitica
The City of Wylie proposes to replace existing deteriorated and undersized water lines and
substandard fire protection facilities with 3,700 linear feet of 8"PVC water line and install 5 new
fire hydrants,as follows:
Proposed Facilities Existing Facilities
SIM From TQ
Masters Second Fourth 8" 350 4"
First Butler 200'south
of Butler 8" 200 LF 2"
Second Masters Butler 8" 350 LF 4"
Third Masters Butler 8" 350 IF 4"
Second Marble Brown St. 8" 350 LF 4"
Alley between
Keefer&Cottonbelt Marble Jefferson 8" 350 LF 2"
Oak Cottonbelt Birminghm 8" S50 LF 4"
Jackson Marble 400'north of
Brown 8" 1,200 IF 4"
CITY OF WYLIE, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR
GRANT ASSISTANCE UNDER THE 1994 TEXAS COMMUNITY
DEVELOPMENT PROGRAM (TCDP), AUTHORIZING A LOCAL
MATCH, AND DESIGNATING THE MAYOR TO ACT AS THE CITY'S
REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S
PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT
PROGRAM.
Whereas, the City Council of the City of Wylie desires to develop a viable community,
including decent housing, a suitable living environment and expanding economic
opportunities,principally for persons of low to moderate income;and
Whereas, certain conditions exist in the city which tcpiesent a threat to the public health,
safety, or welfare;and
Whereas, funds are available through the 1994-95 Texas Community Development
Program (TCDP) to alleviate such conditions and to meet community development
objectives.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
(1) That a 1994 Texas Community Development Program (TCDP) grant application is
hereby authorized to be filed with the Texas Department of Housing & Community
Affairs (1'DHCA) for grant funds in the amount of$250,000,under the Community
Development fund for the following described project:
Water& Sewer System Improvements for the City of WYLIE.
(2) That the following local resource commitment is hereby authorized to be included as
part of the application:
The City of WYLIE commits to support the project described above with a local
contribution of $316.16 9, which is well in excess of the five percent (5%)
required local match contribution for the proposed project.
(3) That the Mayor is hereby authorized to act as the city's representative in all matters in
connection with the application and the city's participation in the 1994 Texas
Community Development Program and to execute documents in conjunction with the
application.
RESOLVED this day the 23rd of August, 1994.
ATTEST: APPROVED:
City Secretary Mayor
Wylie City Council
Agenda Communication for August 23, 1994 #
5
Discuss and Consider Approval of a Resolution Requesting TML to Support
Legislation Regarding the Enforcement of Juvenile Community Service
lisauE
Municipal Judges are limited in methods of punishing juveniles. This resolution is being proposed for
presentation to TEL Region 13 at the September 8th dinner meeting. We are asking for legislation that
* will allow parents or guardians who fail to produce juveniles for court ordered community service to be
fined/charged with a Class C Misdemeanor.
BAOKGROUND
Currently, judges assess community service in their courts to juveniles found guilty of violations like
vandalism, simple assaults, and other indiscretions. Legislature limits the courts when it comes to
incarcerating juveniles. However, community service is not effective when the juvenile is not a driver
and has no transportation. Many juveniles have a parent or guardian who does provide
transportation, is not interested enough or is too busy to make sure the juvenile reports as ordered, or
does not supervise the juvenile closely enough to know if he/she is reporting. Many of the juveniles
are very receptive to community service but cannot get a ride. The legislation we propose would
allow the courts to charge a parent with a Class C Misdemeanor if they fail to produce a juvenile as
ordered by the court, thus making the parent/guardian much more accountable.
FINANCIAL CONSIDERATIONS
This is not a "revenue-generating" issue as we are hopeful that the legislation will be an incentive for
guardians to take an active role in juvenile rehabilitation. Class C misdemeanors are punishable by
fine not to exceed $500. It is our understanding that effective September 1st, the penalty will be a fine
- not to exceed $1000 and/or incarceration of not more than 30 days.
LEGAL SQNailaRAII•
The only mechanism at this time to coerce parents/guardians is to make them responsible for
production of the juvenile is to charge the guardian with contempt of court. This is a messier, drawn
out method (and courts don't like to jail a parent, leaving the juvenile potentially unsupervised),.
AFF REC•MMENDATION
Staff proposed that Council approve the resolution. If the Council approves the resolution, it will then
go before Region 13 on September 8th. If it is approved there, it will go before the voting members of
` TEL at the conference in October.
•
{ P epate 74pptoved by
RESOLUTION NO.
A RESOLUTION OF THE CITY OF WYLIE, TEXAS, REQUESTING THE
TEXAS MUNICIPAL LEAGUE (TML) TO REQUEST AND ENDORSE
CERTAIN LEGISLATION DEALING WITH A MUNICIPALITY'S ABILITY TO
FINE PARENTS OR GUARDIANS WHO FAIL TO PRODUCE JUVENILES
FOR COURT ORDERED COMMUNITY SERVICE
WHEREAS, Juvenile crime is an increasing problem for municipalities
throughout Texas, and
WHEREAS, Municipal courts, as a result of juvenile punishment limitations, are
ordering more community service as a penalty for certain juvenile related crimes, and
WHEREAS, Courts are limited in their ability to coerce parents and guardians
to produce juveniles at the ordered date and time for community service and
WHEREAS, The failure to produce a juvenile requires extensive additional time
and expense by the courts to locate parents, locate the defendant, schedule additional
hearings, and hold said hearings, and
WHEREAS, Failure to produce a juvenile costs and inconveniences those
agencies whose schedules were based on community services incomplete due to the
non-appearance of the defendant.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wylie,
Texas, that:
$" SECTION 1 The City of Wylie does hereby request Region 13 and the TML
body to propose and endorse legislation that would make 'FAILURE TO PRODUCE
JUVENILE FOR COURT ORDERED COMMUNITY SERVICE" a Class C Misdemeanor
punishable by fine as provided by law.
DULY PASSED AND APPROVED on this the 23rd day of August, 1994
APPROVED
ATTEST
Wylie City Council Litil
Agenda Communication for August 23, 1994
Discuss and Consider Authorizing the City Manager to Contract with ADS
-- Environmental Services for Sewer System Infiltration/Inflow Analysis
ISSUE
The purpose of this item is to consider granting authorization to the City Manager to enter into
a contract with ADS Environmental Services for a Sewer System Infiltration/Inflow Analysis to
be conducted. Total contract amount is $66,300.
BACKGROUND
Wylie's Wastewater collection system consists of approximately 329,000 linear feet of gravity
sewer, force mains and six lift stations. At a conservative estimate of $100/linear foot, the
replacement value of the collection system approaches $33 million. Sanitary sewers, like other
city assets, have a useful design life. Wylie has experienced what can best be described as a
"wake-up call". Collapsed sewers, hydraulic over loading at lift stations, treatment plant
overloading during wet weather, classic sewer surcharge, and overflows underlie the effects of
sewer infrastructure deterioration.
The City of Wylie's problem of inflow and infiltration is serious for many reasons. The
consequences of this problem are shared by the North Texas Municipal Water District (NTMWD)
because it currently treats the City of Wylie's wastewater. The city is paying additional costs to
the North Texas Municipal Water District (NTMWD) unnecessarily for treatment of stormwater
flowing in the sewer system. Serious efforts must be made to reduce the amount treated by
NTMWD to delay triggering a requirement to construct a new treatment facility. The condition
of storm water flowing into the system, indicates that untreated wastewater is seeping out of
the pipes and contaminating surrounding ground. This environmental concern must be dealt with
and corrected.
A comprehensive assessment of the sewer system's condition needs to be completed. The City
does not have either the personnel, or equipment to complete such a study. This study is
referred to as a Inflow and Infiltration Reduction ( I & I 1 study. This will provide detailed
information used to determine which basins will require further analysis.
The I & I study involves the placement of flow meters throughout the city, including known
ww overflow sites. Flow monitoring will take place over forty-five (45) days, beginning in early
September. This represents a sufficient time period during which most operating conditions can
be observed. Extensive smoke testing and television camera surveying will also be performed.
A Final Report will be submitted, which will include prioritization of inflow defects, cost-
effectiveness analysis, capacity usage, flow data, pipe inventory and evidence of source defects.
Recommendations for repair and rehabilitation are included with the report, outlining specific
tasks and costs.
rja
Ptepated by ,Qpptoved by
BACKGROUND (continued)
City crews will be actively involved on a daily basis. They will assist with the flow monitoring
functions, reading the meters and reporting data directly to the contractor. This level of direct
city staff involvement resulted in a reduction in costs.
FINANCIAL CONSIDERATIONS
The contract is for a not to exceed amount of $66,300. The original proposal submitted by ADS
was approximately$82,284. The level of direct city staff involvement accounted for some of the
reduction in costs. Difficult decisions will have to be made regarding the allocation of limited
funds for system improvements. Information derived from this study will assist the city in
determining spending priorities. The analysis will identify the portions of the system that are in
most critical need of repair. Thus, funds can be targeted in areas that the City will see the
greatest system impact for the money spent.
This item was budgeted in the FY 95 Utility Fund.
LEGAL CONSIDERATIONS
The North Texas Municipal Water District's (NTMWD)and Wylie's wastewater system operations
are monitored by the Texas Natural Resource Conservation Commission (TNRCC) and the U.S.
Environmental Protection Agency. NTMWD, as the operator of the treatment plant, receives
notification of violations/deficiencies regarding any part of the system. A letter dated June 27,
1994, was sent from the TNRCC to the NTMWD (Attachment B) that described the results of
a May, 1994 inspection. The letter contained a requirement that NTMWD and the City of Wylie
inform the TNRCC in writing by August 1, 1994, of what actions will be taken to correct the
violations/deficiencies and provide a timetable for the implementation of those actions. Letters
from the City and NTMWD in response to the request are included as Attachments C and D.
The completion of an Infiltration and Inflow study was identified as an action that would be taken
by the City of Wylie.
BOARD/COMMISSION RECOMMENDATION
No formal actions were required from a city board or commission.
STAFF RECOMMENDATION
It is recommended that the City Council grant authorization to the City Manager to enter into a
contract wiht ADS Environmental Services. The firm has submitted a technical proposal to
perform the study. The technical qualifications of ADS are impressive. The company has
successfully completed approximately 2,500 projects across the country and in other nations.
The ADS field crews are specially equipped and trained to handle the safety, physical and
hydraulic requirements of sewer evaluations. ADS's unique flow monitoring capability includes
field data acquisition computers, patented flow monitors and a variety of software programs.
ADS utilizes a Computerized Data Entry GIS Compatible system. ADS is highly regarded by cities
throughout the region and strongly endorsed by the Hogan Corporation.
ATTACHMENTS
Letter from TNRCC to NTMWD dated June 27, 1994, Letter from City of Wylie to NTMWD dated
July 28, 1994, Letter from NTMWD to TNRCC dated July 28, 1994.
'''C
: Er�iN
�,
EEEEEe;irec,or
John Hall,Chairman P.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texas by Reducing and Preventing Pollution
June 27, 1994
CERTIFIED MAIL NO. P 178 289 080
RETURN RECEIPT REQUESTED
RE: Permit No. WQ0010384-001, Wylie Wastewater Treatment Plant
_ Compliance Compliance Inspection
Mr. Carl W. Riehn, Director
North Texas Municipal Water District
P.O. Box 2408
", Wylie, Texas 75098
Dear Mr. Riehn:
On May 3 , 1994 , our representative, Ms . Zulma Gregory, conducted an
inspection of your wastewater treatment facility. At the time of
the inspection, certain violations/deficiencies were noted as
outlined in Section E of the attached inspection report .
Please inform this office in writing by August 1, 1994 , of the.
- steps you will take to correct these violations/deficiencies and
provide us with a timetable for implementation of corrective
measures . We request that you provide this office with the results
_,._ of the composite sample which was observed being taken by North
Texas Municipal Water District on the day of inspection.
We, also request that you provide a copy of your response to :
TX/NM Compliance Section (6W-ET)
U. S . Environmental Protection Agency
1445 Ross Avenue
Dallas, Texas 75202-2733
•
ate REPLY To: REGION 4 • 1019 N. DUNCANVILLE RD. • DUNCA.NVILLE.TEXAS 75 1 16-220 1 • AREA CODE 214/298-6171
P.O. Box 13087 • Austin,Texas 78711-3087 • 512/908-1000
Mr. Carl W. Riehn
WQ0010384-001
Compliance Inspection
June 27, 1994
Page 2
If you or your staff have any questions, please contact Ms . Zulma
Gregory at telephone (214) 289-6171 .
Sincerely,
Sid Slocum
Manager, Water Program
ZG: zg
Attachment
cc : James W. Swartz, Mayor, City of Wylie
Darrell W. Williams, TNRCC Enforcement Section, Watershed
Management
°Viie
CITY OF WYLIE
2000 HWY. 78N.-P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-8100• FAX 442-4302
July 28, 1994
Mr. Carl Riehn, Executive Director
North Texas Municipal Water District
P.O. Box 2408
Wylie, Texas 75098
Dear Mr. Riehn:
This letter is in response to the May 3, 1994 Wylie Wastewater Treatment Plant Inspection. The
City of Wylie is extremely concerned about the infiltration/inflow and unauthorized discharges,
as well as other operating matters of the plant.
The city has spent considerable time investigating the inflow problem that occurs during heavy
rainfall events. It has been determined that Wylie has a minimal infiltration problem and our
violations stem primarily from an inflow nature. This is evident due to the rapid increase of flow ,
at the plant, only during heavy rainfall events.
Over the past twelve months, the city has begun a program of inspecting all facets of our
wastewater collection system. The following, documents our efforts:
1993 INFILTRATION AND INFLOW STUDY
1 .) 208 Manhours spent on physical inspection of manholes and clean outs.
2.) Monitored 15" trunk lines on two different events.
3.) Smoke tested 1800 feet of mainline.
4.) Dye testing of creeks near collection line, complete with exception of 15" trunk
line by wastewater plant.
5.) Installed 50 rainguards on collection system.
6.) Sealed 19 manholes.
7.) Repaired 60 lateral line clean outs.
8.) Repaired 3 main line clean outs.
9.) Repaired 2 bolted lid manholes.
1994 INFILTRATION AND INFLOW STUDY
1.) 142 manhours spent on physical inspection of manholes and clean outs.
2.) Sealed 8 manholes.
3.) Repaired 7 lateral line clean outs.
4.) Repaired 4 bolted lid manholes.
5.) Installed 12 bolted lid manholes along creek by wastewater plant.
The city's aggressive efforts over the past year has improved the inflow problem. In discussions.
with David Morgan and David Stephens of NTMWD, a decreased inflow has definitely been
observed during rainfall events, however the primary cause has yet to be determined.
Earlier this month city officials met with ADS Environmental Services, Inc. to determine a plan
of action of correcting all deficiencies within our wastewater collection system. The most
pressing concern is the infiltration/inflow which most likely is resulting in a number of
unauthorized discharges. Although the number of discharges in 1994 is less than those of 1993,
it is still unacceptable and immediate alleviation is in order.
In September 1994, the City will take the next step in identifying additional Ill problem areas and
make corrections as necessary. As shown by the items listed above, the City has completed
physical inspection of major lines, determination of sub-basins of collection system and
monitoring of lift stations during rain events, smoke testing, and some dye testing.
A study will be conducted which will encompass further monitoring of flows at those lift stations
identified by the City, some additional dye testing, and TV testing. This will be a comprehensive
study to address each drainage basin (total of 3) and how each one relates to the whole system.
The Wylie City Council is aware of the severity of the problem and understands quick action is
necessary. The city has always worked well with NTMWD, and we look forward to correcting
these deficiencies throughout the remainder of 1994 and through 1995.
If I can be of any assistance, please do not hesitate to contact me at 442-8120.
Sincerely,
•
Steve Norwood
City Manager
•
rdr
lissimmerr
NORTH TEXAS MUNICIPAL
WATER DISTRICT
Regional Service Through Unity
July 28, 1994
Mr. id Slocum
Manag , Water Program
Texas tural Resource Conservation Commission
Region 4
1019 Duncan ille Road
Duncanville, exas 75116-2201
RE: Wylie Wastewater Treatment Plant
TNRCC Permit No. WQ0010384-001
EPA Permit No. TX0025950
Dear Mr. cum:
On May 3, 1994 representatives from your office conducted an
inspection of the Wylie Wastewater Treatment Plant . The attached
report is in response to certain violation/deficiencies that
were listed in your letter. These items refer to Infiltration/-
Inflow, unauthorized discharges in the City of Wylie's collection
system, and operation and maintenance regarding sludge disposal
activities .
The NTMWD currently owns and operates the Wylie WWTP for the
City of Wylie. The NTMWD' s responsibility is to operate and
maintain the sewage treatment plant meeting all TNRCC and EPA
permit requirements. Therefore, the issues regarding sludge
management are being addressed by the NTMWD in this report.
The City of Wylie is responsible for the collection system and
is responding to the issues regarding bypasses in the collection
system, and infiltration/inflow. The NTMWD has been working
with the City of Wylie providing information on flows to the
treatment plant during wet weather periods . It is our belief
that the inflow/infiltration problems have been reduced, however,
additional work in this area is being pursued by the City of
Wylie. Included is a letter from the City of -Wylie to the NTMWD
in response. to the issues discussed in the inspection report .
505 E. Brown St., P. O. Box 2408, Wylie. Texas 75098-2408 Telephone: 214/442-5405 Fax: 214/442-5405
Mr. Sid Slocum
Manager, Water Program
Texas Natural Resource Conservation Commission
Region 4
1019 Duncanville Road
Duncanville, Texas 75116-2201
July 26 . 1994 Page Two
As requested by your letter is the NTMWD laboratory data for
all samples collected in May 1994. The samples are collected
by an Isco sampler , composited by the plant operator before
being sent to the NTMWD laboratory for analysis . Also attached
is the composite sheet showing the time and volume of samples
collected. The sampling point is the same location as that
used by the TNRCC when plant inspections are performed.
The City of Wylie and the NTMWD will continue to work together
to solve these issues . If you or your staff should have any
questions concerning this matter, please do not hesitate to
contact the City of Wylie or my office.
C-5-j-u-eeeetitr-ei
CARL W. RIEHN
Executive Director
CWR/ks ► •
cc : Environmental Protection•Agency
amity of Wylie
Attachments
Wylie City Council
Aganda Communication for August 23, 1994 #
Discuss and Consider Approval of an Ordinance Adopting the
1994 Uniform Building Code
Summary
The purpose of this code is to provide minimum standards to safeguard life or limb, health, property
and public welfare by regulating and controlling the design, construction, quality of materials, use and
occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain
equipment specifically regulated herein.
Background
The Uniform Building Code is reviewed, revised and republished every three years. The 1994 Edition
of the Uniform Building Code was released this summer. To maintain the most up to date building
standards possible within our jurisdiction it is our intent to adopt and utilize the current Model Codes.
Financial Considerations
The costs associated with acquiring copies of the Uniform Building Code are inherent to this
department. Volume's 1, 2, & 3 of the Uniform Building Code (one complete set) and two additional
copies of Volume 1 were obtained for field personnel at a cost of$268. This expenditure will provide
us with the most up to date building standards for the next three (3) years.
Legal Considerations
The adoption and enforcement of the current model codes can only reduce the jurisdictions liability.
Board/Commission Recommendations
No recommendation is necessary from the Construction Code Review Board. Their role is to serve
as an appeal board to individuals protesting certain provisions and construction code requirements.
Staff Recommendations
Staff recommends adoption of the Uniform Building Code, Volume's 1, 2, & 3, 1994 Edition with
specific amendments and an effective date of January 1, 1995. The delayed effective date will allow
not only builders but staff to become more familiar with the new format incorporated into the 1994
Edition.
Attachments -Proposed ordinance and amendments.
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Ptepated by Apptoved by
2.00 BUILDING CODE
2.01 Uniform Building Code Adopted
That certain documents, one (1) copy of which is on file in the office of the Building Official of the
City of Wylie being marked and designated as "Uniform Building Code" Volume's 1, 2,
& 3, including appendix chapters 11, 15, 19, & 34 but, excluding appendix chapters
3, 4, 9, 10, 12, 16, 18, 21, 23, 29, 30, 31, & 33, 1994 Edition, published by the
International Conference of Building Officials, and the same is hereby adopted as the
building code of the City of Wylie for regulating the erection, construction,
enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy,
equipment, use, height, area, and maintenance of all buildings or structures in the City
of Wylie providing for issuance of permits and collection of fees therefor; and each and
all of the regulations, provisions, conditions and terms, of such "Uniform Building
Code" Volume's 1, 2, & 3, 1994 Edition are hereby referred to, adopted and made a
part hereof as if fully set out in this Code of Ordinances.
2.02 Amendments to the Building Code
The Uniform Building Code, Volume's 1, 2, & 3, 1994 Edition is hereby amended by
adding thereto the following designated sections:
232611.1 Size, Height and Spacing. The size, height and spacing of studs shall be
in accordance with Table 23-I-R-3 except that all wood studs shall not be spaced more
than 16 inches (406 mm) on center and Utility grade studs shall not support more than
a roof and ceiling, or exceed 8 feet (2438 mm) in height for exterior walls and load-
bearing walls or 10 feet (3048 mm) for interior nonload-bearing walls.
2326.12.1 General. The framing details required in this subsection apply to roofs
having a minimum slope of 3 units vertical in 12 units horizontal (25% slope) or
greater. When the roof slope is less than 3 units vertical in 12 units horizontal (25%
slope), members supporting rafters and ceiling joists such as ridge board, hips and
valleys shall be designed as beams. In addition, all wood ceiling joists shall have a
minimum nominal dimension of two inches by six inches (2" x 6") and shall have
maximum spacing of sixteen inch (16") centers and all wood hips and ridges shall be
constructed with a minimum nominal two inch by eight inch (2" x 8") material except
when formed by an engineered truss system.
1507.12 All wood shakes installed on any new or existing structure shall be fire
retardant treated wood as defined in Section 1502 of the Uniform Building Code, 1994
Edition, and shall comply with U. B. C. Standard 15-3 and shall be installed in
accordance with table 15-B-2.
1507.13 All wood shingles installed on any new or existing structure shall be fire
retardant treated wood as defined in section 1502 of the Uniform Building Code, 1994
Edition, and shall comply with U. B. C. Standard 15-3 and shall be installed in
accordance with table 15-B-2.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,ADOPTING THE 1994
EDITION OF THE UNIFORM BUILDING CODE VOLUMES I, II,AND III
REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT,
ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION,
OCCUPANCY, EQUIPMENT, USE, HEIGHT,AREA, AND MAINTENANCE OF ALL
BUILDINGS OR STRUCTURES IN THE CITY OF WYLIE; PROVIDING FOR
PENALTIES FOR THE VIOLATION THEREOF, REPEALING CONFLICTING
PORTIONS OF ORDINANCE 93-3 AND ALL OTHER CONFLICTING ORDINANCE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City has adopted, with certain limited modification the 1991 edition of
the Uniform Building Code, as the same, including modifications currently appears in 2.00 of
Chapter 3, of the Wylie City Code; and,
WHEREAS, an updated version, known as the 1994 edition of the Uniform Building Code
has been promulgated for use by municipalities and other entities; and,
WHEREAS, the building official for the City has reviewed the 1994 edition of the UBC
and recommends the adoption of the same, in to, with amendment or modification, by the City of
Wylie; and,
WHEREAS, the City Council has determined in its legislative capacity that adoption of
such code furthers the best interest of the City; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, as follows:
SECTION I
Section 2.01 of the Wylie City Code, be, and it hereby is, deleted in its entirety and the
following provisions substituted therefore:
"2.01 Uniform Building Code Adopted
That certain documents, one (1) copy of which is on file in the office of the Building Official of
the City of Wylie being marked and designated as 'Uniform Building Code' Volumes I, II, and III
including appendix chapters 11, 15, 19, and 34 but, excluding appendix chapters 3, 4, 9, 10, 12,
16, 18, 21, 23, 29, 30, 31, and 33, 1994 Edition, published by the International Conference of
Building Officials, and the same is hereby adopted as the building code of the City of Wylie for
regulating erection, construction, enlargement, alteration, repair, moving, removal, demolition,
conversion, occupancy, equipment, use, height, area, and maintenance of all buildings or
structures in the City of Wylie providing for issuance of permits and collection of fees therefor;
and each and all of the regulations, provisions, conditions and terms, of such `Uniform Building
Code' Volumes I, II, and III, 1994 Edition are hereby referred to, adopted and made a part hereof
as if fully set out in this Code of Ordinances."
"2.02 Amendments to the Building Code
The Uniform Building Code, Volumes I, II, and III, 1994 Edition is hereby amended by adding
µ thereto the following designated sections:
232611.1 Size, Height and Spacing The size, height and spacing of studs shall be in accordance
with Table 23-I-R-3 except that all wood studs shall not be spaced more that 16 inches (406 nun)
on center and Utility grade studs shall not support more than a roof and ceiling, or exceed 8 feet
(2438 mm) in height for exterior walls and load-bearing walls or 10 feet (3048 nun) for interior
nonload-bearing walls.
2326.12.1 General The framing details required in this subsection apply to roofs having a
minimum slope of three (3) units vertical in twelve(12) units horizontal (25% slope) or greater.
When the roof slope is less that three (3) units vertical in twelve (12) units horizontal (25%
slope), members supporting rafters and ceiling joists such as ridge board, hips and valleys shall be
designed as beams. In addition, all wood ceiling joists shall have a minimum nominal dimension
of two inches by six inches (2" x 6") and shall have a maximum spacing of sixteen inch(16")
centers and all wood hips and ridges shall be constructed with a minimum nominal two inch by
eight inch (2" x 8") material except when formed by an engineered truss system.
1507.12 All wood shakes installed on any new or existing structure shall be fire retardant treated
wood as defined by Section 1502 of the Uniform Building Code, 1994 Edition, and shall comply
with Uniform Building Code Standard 15-3 and shall be installed in accordance with Table
15-B-2.
1507.13 All wood shakes installed on any new or existing structure shall be fire retardant treated
wood as defined by Section 1502 of the Uniform Building Code, 1994 Edition, and shall comply
with Uniform Building Code Standard 15-3 and shall be installed in accordance with Table
15-B-2.
SECTION II
Any person violating the provisions of this ordinance, or any part hereof, commits an
unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set
forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended.
SECTION III
That Sections 2.02 through 2.09 (inclusive) of Chapter 3 of the Wylie City Code (being
the codified version of Ordinance 93-3) are hereby repealed, as is Ordinance 93-3.
SECTION IV
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 V
This ordinance shall be in full force and effect from January 1, 1995 after its adoption by
the City Council and publication of its caption as the law and the City Charter provide in such
cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to
the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code
not in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, or 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
day of , 1994.
By
James D. Swartz
Mayor
ATTEST
Mary Nichols
City Secretary
Approved
Steven P. Deiter
City Attorney
Wylie City Council Lin
(Nand(' Communication for August 23, 1994 wgii
Discuss and Consider Approval of an Ordinance Adopting the
1994 Code for the Abatement of Dangerous Buildings
Summary
It is the purpose of this code is to provide a just, equitable and practicable method, to be cumulative
with and in addition to any other remedy provided by the Building Code, Housing Code or otherwise
available by law, whereby buildings or structures which from any cause endanger the life, limb, health,
_. morals, property, safety or welfare of the general public or their occupants may be required to be
repaired, vacated or demolished.
Background
The 1994 Edition of the Uniform Code for the Abatement of Dangerous Buildings was released this
summer. The provisions of this code shall apply to all dangerous buildings, as defined within, which
are now in existence or which may hereafter become dangerous in this jurisdiction.
Financial Considerations
Three copies of the Uniform Code for the Abatement of Dangerous Buildings were obtained at cost
of $28.65. This expenditure will provide us with the most up to date version of this code for the next
three (3) years.
Legal Considerations
The adoption and enforcement of the current model codes can only reduce the jurisdictions liability.
Board/Commission Recommendations
No recommendation is necessary from the Construction Code Review Board. Their role is to serve
as an appeal board to individuals protesting certain provisions and construction code requirements.
Staff Recommendations
Staff recommends adoption of the Uniform Code for the Abatement of Dangerous Buildings, 1994
Edition with an effective date of January 1, 1995. The delayed effective date will allow not only
builders but staff to become more familiar with the new format incorporated into the 1994 Edition.
Attachments - Proposed ordinance.
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Ptepated by Apptoved by
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,ADOPTING THE 1994
EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A
PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City has adopted the 1988 Edition of the Uniform Code for the
Abatement of Dangerous Buildings, as the same appears in Section 3 of Chapter 3, of the Wylie
City Code; and,
WHEREAS, an updated version, known as the 1994 Edition of the Uniform Code for the
Abatement of Dangerous Buildings has been promulgated for use by municipalities and other
entities; and,
WHEREAS, the building official for the City has reviewed the 1994 Edition of the
Uniform Code for the Abatement of Dangerous Buildings and recommends adoption of the same
by the City of Wylie; and,
WHEREAS, the City Council has determined in its legislative capacity that adoption of
such code futhers the best interest of the City; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, as follows:
SECTION I
Section 3.00 of Chapter 3 of the Wylie City Code, be, and it hereby is, deleted in its
entirety and the following provision substituted therefore:
"3.00 Uniform Code for the Abatement of Dangerous Buildings The 'Uniform
Code for the Abatement of Dangerous Buildings', 1994 Edition, published by the International
Conference of Building Officials, one(1) copy of which is on file in the Building Official's office is
hereby adopted."
SECTION II
Any person violating the provisions of this ordinance, or any part hereof, commits an
unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set
forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended.
SECTION III
That Section 3.00 (inclusive) of Chapter 3 of the Wylie City Code(being the codified
version of Ordinance 88-28) is hereby repealed, as is Ordinance 88-28.
SECTION IV
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 V
This ordinance shall be in full force and effect from January 1, 1995 after its adoption by
the City Council and publication of its caption as the law and the City Charter provide in such
cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to
the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code
not in conflict herewith shall remain in full force and effect.
x-, SECTION VII
The repeal of any ordinance, or 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
-.a day of , 1994.
By
James D. Swartz
Mayor
ATTEST
Mary Nichols
City Secretary
Approved
Steven P. Deiter
Wylie City Council .11
Agenda Communication for August 23, 1994
Discuss and Consider Approval of an Ordinance Adopting the
1994 Uniform Housing Code
Summary
The purpose of this code is to provide minimum standards to safeguard life or limb, health, property
and public welfare by regulating and controlling the use and occupancy, location and maintenance of
all residential buildings and structures within this jurisdiction.
Background
The 1994 Edition of the Uniform Housing Code was released this summer. The provisions of this
code shall apply to all buildings or portions thereof used, or designed or intended to be used, for
human habitation. Such occupancies in existing buildings may be continued as provided in Section
3401 of the Building Code, except such structures as are found to be substandard as defined in this
code.
M Financial Considerations
Three copies of the Uniform Housing Code were obtained at cost of $28.65. This expenditure will
provide us with the most up to date version of this code for the next three (3) years.
Legal Considerations
The adoption and enforcement of the current model codes can only reduce the jurisdictions liability
Board/Commission Recommendations
No recommendation is necessary from the Construction Code Review Board. Their role is to serve
as an appeal board to individuals protesting certain provisions and construction code requirements
Staff Recommendations
Staff recommends adoption of the Uniform Housing Code, 1994 Edition with an effective date of
January 1, 1995. The delayed effective date will allow not only builders but staff to become more
familiar with the new format incorporated into the 1994 Edition.
yx Attachments - Proposed ordinance with amendments.
'% -g
ptepated by Approved by
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,ADOPTING THE 1994
EDITION OF THE UNIFORM HOUSING CODE, REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has adopted the 1988 Edition of the Uniform Housing Code, as the
same appears in Sections 7.01 and 7.02 of Chapter 3, of the Wylie City Code; and,
WHEREAS, an updated version, known as the 1994 Edition of the Uniform Housing
Code has been promulgated for use by municipalities and other entities; and,
WHEREAS, the building official for the City has reviewed the 1994 Edition of the
Uniform Housing Code and recommends adoption of the same by the City of Wylie; and,
WHEREAS, the City Council has determined in its legislative capacity that adoption of
such code futhers the best interest of the City; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, as follows:
SECTION I
Sections 7.01 and 7.02 of Chapter 3 of the Wylie City Code, be, and it hereby is, deleted
in its entirety and the following provision substituted therefore:
"7.01 Uniform Housing Code The 'Uniform Housing Code', 1994 Edition,
published by the International Conference of Building Officials, one (1) copy of which is on file in
the Building Official's office is hereby adopted."
"7.02 Amendments to the Housing Code The following addition and amendment
to the Uniform Housing Code, 1994 Edition is hereby approved:
(a) In Chapter 10, Section 1001.1, General, an addition to be numbered 1001.1.1
and to be read as follows:
1001.1.1 No person shall occupy as owner-occupant or let or sublet to another for
occupancy any dwelling or dwelling unit designed or intended to be used for the
purpose of living, sleeping, cooking, or eating therein, nor shall any vacant
dwelling building be permitted to exist which has been declared substandard by the
building official."
SECTION II
Any person violating the provisions of this ordinance, or any part hereof, commits an
unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set
forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended.
SECTION III
That Section 7.01 (inclusive) of Chapter 3 of the Wylie City Code (being the codified
version of Ordinance 88-29) is hereby repealed, as is Ordinance 88-29.
SECTION IV
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 V
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 VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to
the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code
not in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, or 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
day of , 1994.
By
James D. Swartz
Mayor
ATTEST
Mary Nichols
City Secretary
Approved
Steven P. Deiter
City Attorney
Wylie City Council #10
Agenda Communication for August 23, 1994
(a)
Executive Session to Consider Appointment to Park Board
ISSUE
Council will recall that a vacancy occured on the Park Board with the resignation of Mark Jenneman.
Council tabled the appoinment at your last regular meeting. This appointment will fill Jenneman's term
- which will expire June 1995.
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Ptepated y pptove by
Wylie City Council #10
Agenda Communication` for August 23, 1994, b
)
Executive Session Regarding Review of Municipal Court Judge
ISSUE
Council appointed Suzanne Marsh as Municipal Court Judge in June, 1993. The Charter provides for a
two-year term and although her term has not expired, the Council and the judge have both agreed that
an annual review is needed.
BACKGROUND
Judge Marsh has raised a few issues that she wanted to discuss before Council. One of these is the
fine schedule which she finds to be lower than most of our neighboring cities. Another issue is juvenile
punishments and community service. She primarily wants to make sure Council is aware of how she is
handling juvenile crime. Council has asked the judge to come before them and give an overall
. synopsis of how the court is working, the kinds of cases coming before her, and the way these cases
are being adjudicated.
LEGAL ISSUES
The Municipal Court Judge serves at the leisure of the Council according to our Charter. While she is
— appointed for a two-year term, she can be terminated at any time that her performance is found to be
unsatisfactory.
FINANCIAL CON IO RATIONS
Judge Marsh will probably be asking the Council to consider increasing our fine schedule. With the
fines being lower than other cities, they are less flexible. She can explain in more detail on Tuesday
night.
STAFF RECOMMENDATION
Court personnel seem to be working well with Judge Marsh and staff has received no complaints on
her handling of cases. We would recommend continuation of her services with whatever direction
Council sees fit to give her.
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- Ptepated ptoved by