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12-13-1988 (City Council) Agenda Packet DATE POSTED 12-9-88 TIME POSTED 5:30 P.M. AGENDA REGULAR MEETING - CITY COUNCIL CITY OF WYLIE, TEXAS DECEMBER 13, 1988 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 26 Consider approval of minutes for the August llth and November 8th meetings 2 27 - 60 Presentation by Ken Ford on 1984 taxes and penalties for Western Auto 3 Oral Presentation by Mr . Ed Curran on the recycling program of cans, newspapers , etc . 4 61 - 62 Discussion of Delinquent Accounts Receivable and possible contract with outside Collection Agency PUBLIC HEARINGS AND READINGS OF ORDINANCES 5 63 - 80 Consider approval of Annexation Ordinances of the following properties : ANNEXATION NO. 2 Francisco De 688 53 8. 101 la Pina 54 1 .000 58 1 .000 58-9 14 .640 63 1 .000 67 13 . 920 77 59.090 81 1 .310 82 1 . 235 92 2 . 187 93 1 .000 93-9 17 . 710 ANNEXATION NO. 4 R. D. Newman 660 7 10. 850 8 10 .850 ORDER OF PAGE BUSINESS REFERENCE BUSINESS 5 (Cont. ) ANNEXATION NO. 5 H. L. Douglas 292 1 1 .000 2-9 2 . 590 3 0 . 717 5 2 .409 6 2 .762 7 3 . 000 8 1 . 820 9 2 . 000 18 7 .320 19 1 . 003 E. C. Davidson 267 8 1.000 8-9 39 .620 9 10 .200 39 14 .410 6 81 - 82 Consider approval of an Ordinance Amending Ordinance 83-18 by adding to Section 6 Paragraph 6.02 Subparagraph B a new number 4 Permitting the Collection of Perimeter Street Fees on new lots on an individual basis. 7 83 Consider approval of a Resolution supporting the Location of Brookshires within the City of Wylie 8 84 - 86 Consider approval of a Resolution supporting the deadline times and dates for agenda items and agenda backup information for City Council , Planning and Zoning, Zoning Board of Adjustments, Library Board, and Park Board Meetings and for agenda preparation and consent agenda and citizen participation APPROVAL OF PAYMENT 9 87 - 91 Consider approval of Tort Claim to Elaine Sims for damages to her car on City Property in the amount of $251.11 10 92 - 95 Consider acceptance and award of bid for Motor Grader 11 96 - 103 Consider acceptance and award of bid for Police Cars 12 104 - 107 Consider authorization for payment to XIT Paving in the amount of 47 ,537.90 for part of the Street Reconstruction Program ORDER OF PAGE BUSINESS REFERENCE BUSINESS GENERAL DISCUSSION 13 Citizen Participation 14 Council Discussion 15 Recess open meeting 16 Convene Council into Executive Session under the authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "g" Personnel Matters - Finance Director and Acting City Manager (days Mr. Akin will be out of town) and paragraph "e" - discussion with Tax Attorney on pending tax litigations 17 Reconvene open meeting 18 Consider any action necessary regarding Executive Session 19 Adjourn NOTICE OF REGULAR MEETING Notice is hereby given that the governing body of the City of Wylie will meet at 7 :00 P. M. on the l3/4 day of 40 V4V`t t , 198f, in the Council Chambers of the Municipal Complex at 2000 Hwy. 78 North in the City of Wylie, Texas , for the purpose of considering the attached agenda . Carolyn 3p�ses , ty ecretary POSTED THIS THE t,/,k DAY OF , 1Z !. . 198 r , AT .JCrk_iG'A M. CITY COUNCIL MEETING MINUTES AUGUST 11, 1988 The City of Wylie City Council met in a called workshop session on Thursday, August 11 , 1988 at 7 : 00 p.m. in the City Manager ' s Conference Room of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Councilman Bud Naish, Councilman Ortie Messenger , Councilman Jim Swartz, Councilman Marvin Blakey, City Manager John Pitstick, Finance Director James Johnson, and Secretary Candi White . Councilman Chris DiTota arrived late at 7 :20 p.m. Mayor Trimble called the meeting to order and City Manager , John Pitstick gave the invocation . DISCUSSION AND WORKSHOP ON THE 1988/89 BUDGET FOR THE CITY OF WYLIE City Manager, John Pitstick, explained to the councilmembers that staff was presenting a study of area water and sewer rates , along with current tax rates for area cities . Mr . Pitstick told the council that his recommendation was a 51 .25 cent tax rate on the base budget . Mr . Pitstick explained that the major changes in the budget as he was recommending are as follows : - One police officer to help patrolling levels . - Two police cars to replace older police cars with over 100 ,000 miles . - Striping all police cars . - Shift the police administrative assistant to city manager' s office to serve as receptionist, code clerk to city secretary, assist court clerk and perform various secretarial duties . - Upgrade the records clerk position to administrative secretary and add a computer to the police department to accomplish both duties of administrative secretary and records clerk. - 2% semi-annual merit increase, which is an effective 3% and is consistent with proposed increases in area cities . - $10 ,000 for required city-wide training . - Transfer Fire Marshall ' s office under code enforcement and hire professional services from outside the city for fire marshall certification . City Manager , John Pitstick, also expressed to the council his recommendation on the needed new programs for 1988/89 and their approximate cost estimate . Those programs are as follows : - Crime prevention unit - two police officers for twelve months out of the year , who could be utilized in a number of ways , such as one officer undercover for six months and then on the street for six months and the second officer could go to crime prevention . This program could be done for $69 ,000 . - Major fire equipment such as air bags and breathing air bottles; the cost being $13 ,000 . - Council reserve - three weeks of emergency operating expenses , which would amount to approximately $65 ,000 . - One full time park employee and park equipment would cost approximately $30 , 000 . Mr . Pitstick also recommended to the council that $100 ,000 be added to the landfill certificates to pay for construction and the first year ' s operation of a community pool . Mr. Pitstick explained again that his recommendation for the tax rate was 51 .25 cents per hundred , but that if council wished to fund the new programs listed above, it would require a tax rate of 58 cents . Councilman DiTota suggested waiting until February or March of 1989 to hire a park employee , which would save four months salary and benefits . Mr. Pitstick agreed that the park employee would not be necessary until February, and the salary saved would be approximately $7200 .00 , which would bring the cost to $22 ,800 .00 . Councilman Naish questioned the reason for the building insurance going down. Finance Director, James Johnson explained that when the original insurance policy was written on the building, the sprinkler system was not approved by the state. After the policy was written, Mr . Faires secured the sprinkler system okay from the state fire marshall , which had a significant impact on the premium. Mr. Johnson said that last year the insurance was $96 ,000 and was reduced to $82 ,000 this year , but if there was to be a significant increase in insurance passed on by the state insurance board , the city wouldn ' t know until January 1, 1989 . Council Budget . Mr . Johnson explained that $40 ,000 was moved from the city council budget to department 230 , which is ambulance contribution, leaving no council reserve. Councilman Naish wondered if $2700 was really needed for travel in the council budget . Councilman DiTota felt that a big problem in the past has been that the council has not been visible to make an image for Wylie to neighboring cities . Councilman Naish asked why there was no money budgeted for ceremonial services , when $2329 was spent last year . Mr . Johnson explained that the ceremonial services were for employee functions , such as the Christmas party and was cut out completely. Mr . Pitstick explained that the $3000 in food supply and ice is for receptions . Councilman Naish felt that the $3000 should be shown in ceremonial services rather than food supply and ice, since it is used for receptions . Mayor Trimble felt that membership dues should be raised from $1800 , since $2097 had already been spent year to date. Council agreed that membership dues should be changed to $2100 . Mayor Trimble asked why the line item for gravel , rock and sand was in the city council budget. Mr . Johnson explained that the line item was added to the budget to build the "W" flower bed on Hwy 78 . Councilman DiTota suggested that the line item be completely deleted from the council budget . City Manager Budget . Councilman Naish was concerned about the car allowances that had been budgeted for department heads and the possibility of using the fire marshall ' s car as a pool car . Councilman Blakey expressed his concern about using an older vehicle as a pool car , due to maintenance costs and down time. Councilman Naish felt that Mr. Pitstick and Ron Homeyer , Engineer , did not drive anywhere near enough to need as large a car allowance as was budgeted. Councilman DiTota said he didn' t have a problem with Mr . Pitstick' s allowance, as it was part of his contract when he was hired, but that car allowances for department heads had not previously been budgeted . Councilman Blakey suggested doing a comparison with other cities to determine how they handle car allowances for their department heads. Councilman Messenger felt that department heads should be compensated at 22 . 5 cents per mile . Mr . Pitstick said that staff would survey other cities , along with asking department heads what their actual mileage is . City Secretary Budget . Councilman Messenger asked if City Secretary, Carolyn Jones , was going to be paid a car allowance. City Manager, John Pitstick said he would prefer to use a car pool , rather than a car allowance or compensation of 22 .5 cents per mile. Councilman Naish questioned the increase in line item 3240 . Finance Director, James Johnson, explained that the city' s history for elections has not been good , having a record number of elections , and that there was a possibility of a new voting place, requiring more election supplies . Councilman Naish added that Southfork Mobile Home Park is requesting a satellite voting place for city elections . Code Enforcement Budget . City Manager, John Pitstick, explained that there was $500 in line item 2610 , which was the only outside travel , the rest being budgeted in personnel . The travel money in code enforcement was to get Code Enforcement Officer, Roy Faires , certified as fire marshall . Councilman Naish felt that the $500 should be moved to the training line item rather than travel . Finance Director , James Johnson , explained that there was $3000 in 02390 , contractual employee, for the contractual services of the outside fire marshall . Mr . Pitstick said the $3000 was based on fifteen hours a month at $15 .00 per hour . Mr . Pitstick explained that enough money had been put in code budget for brochures and also for updated manuals . Engineering Budget . City Manager , John Pitstick, explained that the engineering budget did not include topo maps , but did include $750 for a 1-500 scale , black and white aerial map. Councilman Swartz said that he was under the impression that the Wylie water and sewer system map was very important . Mr . Johnson said that it could possibly be paid for in the utility budget . Finance Budget . Councilman DiTota asked why $3000 was cut out of overtime pay. Finance Director , James Johnson, said that he planned to move the tax assessor/collector to a salary position, rather than hourly. Councilman Messenger asked why there was an extra $7000 in line item 02220 for legal fees . Mr . Johnson explained that the legal fees for tax collection increased to obtain an aggressive tax enforcement policy, but the city will get back all legal fees for tax collection. Councilman DiTota asked what dues and membership fees went up $150 from last year . Mr. Johnson explained that the increase was due to memberships and dues for the tax assessor/collector . Personnel Budget . Councilman Messenger felt the need to eliminate the whole personnel department, as he had contacted Sachse, Rockwall and Rowlett , and their personnel matters are handled by the department heads, and they do not have a personnel employee. City Manager, John Pitstick, explained that there would not be a savings of funds , as the personnel specialist spends 85% to 90% of her time in payroll and the money for her salary would be needed for payroll anyway. Mr. Pitstick also explained that the city had no evaluation system in the past , and he felt that it was very important and put Debbie, Personnel Specialist, in charge of the evaluation process , to ensure that evaluations were done in a prompt manner. Councilman Swartz said that personnel should be the function of the city manager . Councilman Messenger felt very strongly that Debbie should concentrate solely on the payroll function , due to the letter received from the auditors , which said that there were some major problems in payroll . Councilman Swartz added that if the finance director and the auditors say that there are problems in payroll , then payroll needs to be under finance in order to have control over it . Mr . Pitstick said that merit raises and training and travel would be transfered to city manager ' s budget , and the personnel salary would be transfered to finance budget . Municipal Court Budget . Finance Director, James Johnson, explained that the large expense in municipal court budget is legal services, due to the large reduction in fines . Mayor Trimble said the council needs to talk to the judge, and get very specific about what they want from his services . Mayor Trimble also said that one of the problems is that the court must have a strong prosecutor . Mr . Pitstick explained that at the time, the city attorney' s office was sending whichever prosecutor was available on our court dates , rather than consistently using David Berman , as was the plan . Police Administration Budget . Councilman DiTota asked if the budget reflected the salary transfer of the adminstrative assistant from the police department to city manager ' s office. Finance Director , James Johnson, said that the transfer of funds had not been made at that time. Councilman Naish asked if a transfer needed to be made for the records clerk who would be assuming extra secretarial duties , as well as records , and would be paid out of administration. Mr . Johnson explained that the monies would need to be transfered from communication/records budget to administration. Police Patrol Budget . Councilman Naish asked if the budget reflected the salary of the new officer . Finance Director , James Johnson, said that the salary had already been added . Councilman Naish felt like vehicle repairs may need to be cut , due to the fact that $10 ,000 was allocated last year, but only $1484 had been used year to date. Mr . Johnson explained that more would be used in the next few months , due to the vehicles with high mileage, and that the danger in cutting it is that everything will break down. He also explained that less money had been used in vehicle repairs because the city mechanic had been utilized to repair the vehicles , rather than sending them out in many cases , and more funds have been used out of vehicle repair parts, for the same reason . Police Investigations Budget . Councilman DiTota seemed concerned that so much money was spent for vehicle repairs for only one vehicle. Detective, Ed Snead , said that the repairs were for two vehicles ; his car and an undercover vehicle. Police Communications/Records Budget . Councilman Naish asked why there was still have $1900 dollars in line item 02880 for maintenance contract . Finance Director, James Johnson, explained that it was for the state communication system, in which we pay part and then there is also a maintenance contract on it . Mr . Johnson also explained that the system is a single source item, which the city bought through the state of Texas . Fire Department Budget . Councilman DiTota asked what the parttime salaries increase was based on . Finance Director , James Johnson, explained that it was for additional fire runs . Mr . Johnson said that he talked to Texas Municipal League about the workman' s compensation on the fire department, who told him that the city must specifically sign a release saying you will not carry workman' s compensation on volunteer fireman, or you are automatically I given it, and asked council if they want to carry such compensation . Mayor Trimble asked what the cost was . Mr . Johnson said it was $104 per fireman for 30 fireman , making it approximately $2800 , and this would cover any injuries that might occur when responding to a fire. Mr . Johnson also explained that they would still get disability pay if workman' s compensation coverage was cancelled, but it would not cover any medical expenses . Councilman Naish felt that this was something that needed to be looked into further . Emergency Medical Budget . Councilman Blakey asked if $40 ,000 is a set figure for an annual subsidy for Lifeline Ambulance. City Manager, John Pitstick, explained that the maximum is $50 ,000 , but the city had been talking about $40 ,000 . Mayor Trimble said the city might want to have a contingency plan in case Lifeline doesn' t make it , as the city doesn' t need back in the ambulance business . Mr . Pitstick said that it might be a good idea to look at proposals . Library Budget . Councilman Messenger asked why there was a raise in salaries . Finance Director , James Johnson said that the budget reflects current salaries . Councilman Naish suggested hiring a fulltime librarian and use a parttime aide to avoid paying benefits. City Manager, John Pitstick stated that the problem with one fulltime and one parttime is that if the library director is promoting the library within the community, she will be away from the library for several hours . Park Department Budget . Councilman Messenger asked that if one fulltime employee was hired in February, would there still be a need for a temporary/seasonal employee . City Manager , John Pitstick said that there would still be a need for another employee to help with all the mowing in the summer . Street and Drainage Department Budget . Finance Director , James Johnson explained that the budget included full staffing. Landfill Budget . Finance Director , James Johnson, said that council still needed to consider adding funds for additional debt for the second phase of closing the landfill and probably pay the additional debt over the next several years as the closure is completed . Animal Control . Councilman Naish said that inexpensive repairs such as , roof, cat cages , water heater and exhaust fan, need to be made to the animal shelter . Councilman Messenger asked if the budget , as presented , could be funded with a .51 tax rate. City Manager, John Pitstick said that he was recommending .5125 tax rate , but that there still was a need to make adjustments to add a council reserve. Finance Director , James Johnson , stated that the budget , as presented, was a very slim budget and if there was any significant variation , the city would have problems . There being no further budget discussion , a motion was made to adjourn , with all in favor . Chuck Trimble, Mayor ATTEST CANDI WHITE, SECRETARY CITY COUNCIL MEETING MINUTES NOVEMBER 8 , 1988 The City of Wylie City Council met in regular session on Tuesday, November 8 , 1988 at 7 : 00 p.m. in the Council Chambers in the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro-Tem John Akin, Councilmembers Jim Swartz , Tom Pritzkau, Ortie Messenger , Marvin Blakey, and Bud Naish, City Manager John Pitstick, Finance Director James Johnson, Code Enforcement Officer Roy Faires , Public Works Superintendent Don White, Assistant City Engineer Ron Homeyer , and Secretary Candi White . Mayor Trimble called the meeting to order and gave the invocation. CONSIDER APPROVAL OF THE MINUTES OF THE SEPTEMBER 7TH, SEPTEMBER 8TH AND SEPTEMBER 13TH MEETINGS. No corrections being made to the minutes , Mayor Pro-Tem Akin made a motion that the minutes be approved as submitted. The motion was seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor, Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . PRESENTATION OF CERTIFICATE OF APPRECIATION TO MR. ROBERT RODDY FOR THE DONATION OF 21 NELLIE R. STEVENS SHRUBBERY - TRANSPLANTED AT THE FIRE STATION AND WATER TOWER. Mayor Trimble asked if Mr . Roddy was present at the meeting . Public Works Superintendent Don White, said that he wasn' t , but that he would take the certificate of appreciation to him. PROCLAMATION FOR THE BOY SCOUTS OF AMERICA - NATIONAL GOOD TURN WEEK - NOVEMBER 12TH THRU NOVEMBER 19TH . Mayor Trimble read the proclamation, which proclaimed the period of November 12th through 19th, 1988 as "Scouting for Food National Good Turn Week" . Councilman Messenger added that the boyscouts in the area would be going door to door leaving shopping bags , and would return a week later to pick them up and that any food donated would be appreciated . Mayor Pro-Tem Akin made a motion that the proclamation for the "Scouting for Food National Good Turn Week" , November 12th through 19th, 1988 be approved . The motion was seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . PROCLAMATION FOR THE CHRISTIAN CARE CENTER FOR CHRISTIAN CARE WEEK BENEFITING WYLIE COMMUNITY CHRISTIAN CARE CENTER FOR THE PERIOD OF NOVEMBER 20TH THRU NOVEMBER 26TH, 1988 . Mayor Trimble read the proclamation which proclaimed the period of November 20th through November 26th as"Christian Care Week" benefiting Wylie Community Christian Care Center . Mayor Trimble also added that all food collected would be deposited at the Christian Care Center , and therefore , would be used for the benefit of the Wylie area . Mayor Pro-Tem Akin made a motion that the proclamation for the Christian Care Center for Christian Care Week benefiting Wylie Community Christian Care Center for the period of November 20th through November 26th , 1988 be approved . The motion was seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF PARADE ROUTE AND CLOSING OF STREET FOR THE ANNUAL CHRISTMAS PARADE DECEMBER 3RD. Mayor Pro-Tem Akin stated that the businesses in town that would be affected by the street closing should be notified of such, as there had been problems in the past when they had not been notified . Mayor Trimble said that the Chamber of Commerce was sponsoring the parade and would be responsible for notifying all businesses that would be affected . Councilman Blakey made a motion to approve the parade route and closing of street for the annual Christmas Parade. The motion was seconded by Councilman Naish. The vote was as follows: Mayor Trimble - in favor, Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF INFLATABLE BALLOON ON NOVEMBER 21, 1988 AND SEARCH LIGHTS ON JANUARY 14 , 1989 FOR MCDONALD' S GRAND OPENING. Mayor Pro-Tem Akin made a motion to approve the inflatable balloon on November 21 , 1988 and search lights on January 14 , 1989 for McDonald' s grand opening. The motion was seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONDUCT FIRST PUBLIC HEARING ON ANNEXATION OF THE FOLLOWING ACRES - SEE ATTACHMENT "A" . Mayor Trimble read the list of proposed annexation, as found on attachment "A" of the minutes . City Manager John Pitstick asked to make an explanation of the proposed annexation before opening the public hearing . Mr . Pitstick stated that soft services , such as police, fire, streets , and library would have to be provided to the annexed areas within 90 days of the annexation, and that hard services , such as water and sewer , equal to what is provided to current properties in the city limits , would have to be provided within two years . Mr . Pitstick explained that there is a philosophy behind annexation , and that the city was not trying to reach out and take in property, but all properties on the list as proposed was bordered by city limits on at least three sides , and some properties on all sides . Mayor Trimble opened the public hearing and asked the audience to approach the council , state their name and address and to please keep their comments to under one minute, as there was a large crowd present . Homer Minyard , Rt . 5 , Box 328-G, Greenville, Texas approached the council stating that he wanted to voice the fact that he was against the annexation of his property, which was 4 .95 acres out of the R.D. Newman Survey, located on Hwy 78 . He asked the council how they could justify spending money to provide service to more areas . Mr . Minyard stated that he felt there was no reason for annexing his property, and asked the council to each give their reasons for wanting to annex . Mayor Trimble stated that Mr . Minyard ' s property was surrounded on all sides by the City of Wylie and also the City of Sachse . Councilman Naish said that he was opposed to annexing Mr . Minyard' s property, along with several other properties where services were not already available . Councilman Blakey explained to Mr . Minyard that it was up to all councilmembers to protect all the citizens of Wylie as a whole, and that all things needed to be considered before making a decision. Councilman Messenger said that he felt that the city should only be looking to annex property where water and sewer already existed . Councilman Pritzkau said that he had formed no opinion, as he had only been a councilmember a short time, but was against annexation if it was not for the betterment of the city and it ' s citizens . Councilman Swartz thanked the crowd for attending the public hearing , as the council definitely wanted their views before making a decision. Mayor Pro-Tem Akin stated that the city charter was adopted in such a manner as to lure people with services into the city . He also said that if they don' t want in the city, then the city doesn ' t want them, but that the council also had to look out for the existing city. Ben Scholz, 407 Briarwood, Wylie, Texas approached the council and stated that he was present to represent his family, who has property in a large piece of land that was proposed to be annexed . Mr . Scholz said that he felt like it was the wrong time to annex , as most of the land was zoned agriculture and they have no intention of changing it' s use. He also stated that there were better ways to annex , than forcing someone into the city. Katherine Hummel , 4814 Sprucewood Lane, Garland, Texas told the council that she was the owner of nine acres out of the Francisco De La Pina Survey (Brown St . at Eubanks Lane) , and was speaking for her parents , Mr . and Mrs . Nolan Eubanks , who also own property located in the same area , and who are on a very limited budget . Councilman Messenger asked if the city was already providing services to that area. Assistant City Engineer Ron Homeyer , explained that the city is providing water , and that sewer is available. Ms . Hummel said that she and her parents were definitely against annexation. Tom Mannewitz, 2821 W. FM 544 , Wylie, Texas approached the council and stated that he owned Tracts 19 and 20 out of the M. Sparks Survey, and that he currently had fire and police services from the county. He also said that the property across the street from his was in the Wylie city limits , and that the roads had not been maintained in the past . Mr . Mannewitz stated that extra police officers would be required to cover additional areas . He added that he had not been told how many extra miles of road would need to be serviced , and that sewer lines had already been run from Southfork Mobile Home Park, along the back of some properties , whose owners didn' t agree to it . Assistant City Engineer Ron Homeyer stated that the owners signed a specified sewer easement . Mr . Mannewitz replied that a paper was presented to the owners , but was not signed , therefore making it illegal . Barbara Mannewitz, 2821 W. FM 544 , Wylie, Texas told the council that she realized that sooner or later her property would be annexed into the City of Wylie . She said that her family moved to the area because they liked the people and they liked the town, but that they were concerned about what would happen if they were annexed now, as they would not get services for awhile, but expeditures would go up substantially. She expressed the fact that when they are annexed they want to do it happily, but that they don' t need the services yet . r Colonel Worth M. Speed , 621 Glenview Circle, Garland, Texas approached the council on behalf of himself and his wife, who own acreage out of the R.D. Newman survey. He explained to the council that their property was toward the Plano dump, and that people are living in the area where there are no services provided by the city or the county. Mr . Speed told the council that he and his wife looked forward to being in the City of Wylie, but only when services were provided , and he felt like two years was too long to wait for water . Landon T. Carlson , 2002 W. Kirby St . , Wylie, Texas told the council that he was the owner of 57 acres; 20 acreas adjacent to FM 544 , and 37 acres behind the railroad tracks . He said that the city provides no road services at all , and they have given themselves all services for the last 26 years without help from anybody. Mr . Carlson also stated that he felt , from a prior workshop, that the council looked at donut tracts as small pieces of land that were overlooked , and that council didn ' t want to annex any property without providing hard services . Mayor Trimble explained that providing hard services meant providing a water main adjacent to the property, so that property owners could tie onto it . City Attorney Rob Dillard explained that if the property has adequate water and septic system, the city doesn' t have to provide water and sewer , but must stick to the service plan . Peggy Pollaehn , 1320 W. Brown St . , Wylie, Texas told the council that most of her questions had been anwered through other ' s conversations , but that she did want to state that she was against annexation of her property. Martha Oliver , 810 Hensley, Wylie, Texas approached the council and stated that she did not have water , but did not want to be in the city, as she felt the city is not taking care of the area that is already in the city limits . Councilman Pritzkau stated that he wanted to re-emphasize that the council was interested in closing in the donut holes in the area , but that the proposed annexation would also give those who wanted to be in the city, a chance to voluntarily annex . Councilman Naish explained that the city would also like to have some control over how the properties in the proposed annexation are developed . C.G. Housewright, 2515 Anden , who owns property on the extreme west side of the Sparks Addition , stated that most of his questions had been answered , but that he definitely did not want to be annexed . He also said that he had experienced some problems with the city in the past , regarding sewer easements . Archie Eubanks , 1900 N. Hwy 78 , Wylie , Texas simply told the council that he had his own water and sewer and did not want his property to be annexed . Mayor Trimble asked if there was anyone else in the audience who wanted to address the council . Mr . Worth Speed said that it was the responsibility of the city to provide services to the property, and he understood the Mayor to say that the city will not pay for services . Mayor Trimble stated that the city would not lay a line to the property in order to bait the owners into the city . Bill Henry, who owns Tract 12 out of the William Sachse Survey, told the council that he was opposed to the annexation of his property, due to the lack of services , and that he felt the city had no way to finance such services . Paul Taylor , owner of a piece of property in the Sparks Survey said that he had already put in a road and water lines , which were so bad that he can' t even rent the property. He also said that county and school taxes are high and doesn' t need additional city taxes . Mr . Taylor told the council if they were willing to pave the road in front of his property, he would be willing to talk to them about annexation of his property . Kathy Kelly told the council that she lives off of County Road 1378 , and that it appears to her that the city wants her property, as they ask for it year after year , and each time they say no to annexation . There being no further comments from the audience, Mayor Trimble closed the public hearing . CONDUCT SECOND PUBLIC HEARING ON THE REQUEST FOR ANNEXATION FROM BEN ALVARADO AND IRENE ALVARADO ON 2 ACRES OUT OF THE R.D. NEWMAN SURVEY (THIS PROPERTY IS LOCATED ADJACENT TO CENTURY BUSINESS PARK AND GLEN KNOLL MOBILE HOME PARK) . Mayor Trimble opened the second and final public hearing on the request for annexation on 2 acres out of the R.D. Newman Survey. There being no comments from the audience, Mayor Trimble closed the public hearing . CONSIDER APPROVAL OF AN ORDINANCE ABANDONMENT OF 10 FEET OF A 70 FOOT STREET RIGHT-OF-WAY ON THE NORTH SIDE OF CALLOWAY STREET. Mayor Trimble explained that the property was owned by Bill Chapman and was being rezoned , and 10 feet of the right-of-way on Calloway St . was being dedicated by the city. City Manager John Pitstick, explained that the planning and zoning commission was recommending approval of the plat with the dedication of the 10 feet . He also explained that 16 or 17 feet was being dedicated off the front of the property for the future widening of Highway 78 . A motion was made by Councilman Naish to approve the ordinance for abandonment of 10 feet of a 70 foot street right-of-way on the north side of Calloway street . The motion was seconded by Councilman Messenger . The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor, Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . PRESENTATION BY JAMES JOHNSON, FINANCE DIRECTOR, ON THE UPDATE OF THE LANDFILL. James Johnson, Finance Director , explained that the update was regarding the old Wylie landfill , which was in operation from 1975 to 1982 , with the principle years being 1978 to 1980 . Mr . Johnson stated that the city had a permit 712 , which specified that only domestic garbage could be dumped in the landfill . He also told the council that the state brought suit against the city in 1986 to close the landfill to their specifications , after excavation conducted in June of 1986 lead to the discovery of 13 barrels of solvents . Mr . Johnson said that a hydrogeological assessment was performed earlier this year and submitted to the state, but there had been no response from the state. He explained that there didn' t appear to be a great deal of contents that would be hazardous to health, after continued monitoring of the site. Mr . Johnson said the the city attorneys had identified potential responsible parties , and that those parties could possibly help pay for the landfill closure . Councilman Naish asked about the possibility of removing the barrels . Councilman Swartz replied that after eight years , the barrels had begun to deteriorate and would leak if le° moved. Mr Johnson said that the cost of excavation and relocation of the barrels would be tremendous , and that the state had agreed to let the city cover the landfill with a clay cap . Finance Director James Johnson , said also , that there was a possibility that some barrels may have been deposited in the roadway on Allanis and covered with gravel . He explained that in that case, the roadway could possibly need to be relocated to the north and require a clay cap also , which could be quite costly. Mr . Johnson said that the city was very frank, but very polite with the responsible parties when explaining to them that they could be liable , and that the parties must prove that they did not dump barrels in the landfill . Mr . Johnson ended his presentation by saying that the city would seek the parties responsible for the waste, to have them partially pay for the cap . CONSIDER APPROVAL OF A PAYMENT IN THE AMOUNT OF $900 .00 TO CUMMINGS AND PEWETT FOR CONSTRUCTION STAKING ON S. BALLARD. Mayor Trimble explained that this item had been tabled previously so that Councilman Pritzkau could inquire about the charges . Councilman Pritzkau said that the charges were correct , but there was not an accurate summary of the charges , and said that he would like a copy of the invoices in the future. A motion was made by Councilman Pritzkau to approve a payment in the amount of $900 .00 to Cummings and Pewett for construction staking on S . Ballard . The motion was seconded by Mayor Pro-Tem Akin . The vote was as follows: Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF A PAYMENT IN THE AMOUNT OF $29 ,894 .40 FOR ASPHALT OVERLAY OF S. BALLARD STREET TO XIT PAVING. Assistant City Engineer Ron Homeyer explained that the payment was for the remaining of the asphalt overlay that was done in the last phase of Ballard St . , and that the total amount requested was below the contract amount that was originally authorized . Mr . Homeyer also said that there was still work to be done, so therefore, his recommendation was that council approve the payment , but hold 10% as a retaining fee until the job is completed. A motion was made by Councilman Swartz to approve payment in the amount of $29 ,894 . 40 for asphalt overlay of S. Ballard St . to XIT Paving . The motion was seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor , Mayor Pro- Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor, Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF BID FOR THE CAPPING OLD WATER WELL (LOCATED BEHIND THE POLICE STATION ON BALLARD) . Councilman Pritzkau suggested that the council seek other bids, as there was too large a discrepancy in the two bids that were submitted . City Manager , John Pitstick said that the city has gone out for bids twice, and the same people submitted bids both times . Mr . Pitstick expressed concern that the city could be turned over to the Attorney General ' s office, as the state had been aware of the situation with the water well for quite some time. Councilman Naish stated that if the well could be made operational , there would be no need to plug it . Finance Director , James Johnson told the council that the parts for the pump on the well are no longer being made. City Attorney, Rob Dillard explained that the well water drillers // board was authorized by the Texas Water Commission, and whoever plugs wells must get a permit from the board , to ensure that all wells are plugged the same throughout the state. Councilman Messenger made a motion to table this item until the next regular council meeting. Councilman Naish seconded the motion . The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor , Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor , Councilman Naish - in favor . The motion carried with all in favor . CONSIDER APPROVAL OF PAYMENT IN THE AMOUNT OF $3 ,500 .00 TO DON KREYMER FOR THE SANITARY SEWER EASEMENT FOR OAKS/RUSH CREEK. Assistant City Engineer , Ron Homeyer explained to the council that in the past , offsite contruction was allowed to take place before easements were actually secured and presented to the city. Mr . Homeyer stated that in 1986 , the sewer line was installed without obtaining the easement and without getting the property owner ' s permission to even enter the property. Councilman Naish asked who the developers were . Mr . Homeyer said that Harold Spence was the contractor and developer of the Oaks Subdivision , and the developers of Rush Creek Subdivision were Harry Tibbals and Melvin St . John , who went in jointly to buy the sewer line to service their previously unservicable areas . Mayor Pro-Tem Akin asked who the responsible party was for obtaining the easement . Assistant City Engineer , Ron Homeyer said that it was the developer ' s responsibility, but that the city was running sewer through the line without a proper easement on the owner ' s property. Mr . Homeyer said that he recommended payment of the easement and and that the city should try to get reimbursement from the developers . Councilman Messenger asked Mr . Homeyer why he was recommending payment of $3500 .00 when he seemed to feel that the easement is only worth $700 .00 . Mr . Homeyer explained that the payment was based on the property appraisal of $15 ,000 per acre and because of the fact that the city was at fault for accepting the line without a proper easement . Councilman Naish felt that the city should have some recourse against the developer for not obtaining the easement . City Attorney, Rob Dillard said that he would rather discuss the matter with the council in an attorney- client meeting , but that the city has been running sewer through the line for two years , and for all practical purposes , the city must accept it . Councilman Naish made a motion to approve payment in the amount of $3 , 500 .00 to Don Kreymer for the sanitary sewer easement for Oaks/Rush Creek. The motion was seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - against , Councilman Swartz - in favor , Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - in favor . The motion carried with six in favor and one against . CONSIDER APPROVAL OF PAYMENT TO J.D. DUNKIN AND ASSOCIATES FOR LANDSCAPE DESIGN FOR STATE HIGHWAY ENTRYWAYS AND PARK AREAS IN THE AMOUNT OF $1 ,342 .57 . City Manager John Pitstick explained that J .D. Dunkin and Associates were landscape architects , and that most of their work was done in last year ' s budget , but the city wasn' t billed until this year . Mr . Pitstick said that $2500 .00 was budgeted for landcaping on the highway beautification plan and that the architect work was done for application of the state grant . He also said that the application had been sent to the state. Mr . Pitstick further explained that the grant consisted of the state providing 50% of landscape materials , and the city providing the installation and maintenance for two years . Mayor Pro-Tem Akin made a motion to approve payment to J .D. Dunkin and Associates for landscape design for State Highway entryways and park areas in the amount of $1 , 342 . 57 . The motion was seconded by Councilman Swartz . The vote was as follows : Mayor Trimble - in favor , Mayor Pro-Tem Akin - in favor, Councilman Swartz - in favor, Councilman Pritzkau - in favor , Councilman Messenger - in favor , Councilman Blakey - in favor, Councilman Naish - in favor . The motion carried with all in favor . CITIZEN PARTICIPATION. Mayor Trimble asked if there were any citizens who would like to address the council . There were none. COUNCIL DISCUSSION. Mayor Pro-Tem Akin asked Code Enforcement Officer Roy Faires about a property he had reported at 301 N . Keefer . Mr . Faires said it was under investigation and that he was still trying to find an address of the owner . Mayor Pro-Tem Akin also said that the city used to have a section in the contract with Moore Industrial that dealt with trash pick-up for the handicapped . He asked that staff check with BFI , to see if the city still has concessions for such trash pick-up. Mayor Trimble suggested that if the city doesn' t have something in the contract , he would like Finance Director , James Johnson to try and work out something for the handicapped with BFI . Mayor Pro-Tem Akin asked how the winter street program was going , and Public Works Superintendent Don White said that his department was almost finished crack sealing . Mayor Pro-Tem Akin asked Assistant City Engineer Ron Homeyer to see if he could get a time frame on when Birmingham Street reconstruction would be finished . Councilman Swartz stated that he had noticed in a report from the Code Enforcement office, that people in town seem to play games regarding compliance of the+ high grass and weeds ordinance, and that he doesn' t feel that the ordinance is stringent enough. He also suggested that Code Enforcement Officer , Roy Faires bring ideas to council for an ordinance that would be more effective . Mayor Trimble suggested that printing names and possibly a picture of the property in the newspaper might get results . City Attorney Rob Dillard , explained that the city could cut the grass and force a lien on the property. Councilman Pritzkau stated that he would like to see a letter enclosed in the water bills that would explain what various permits are for . Councilman Pritzkau was concerned about the attendance on some of the city advisory boards , namely park board . He stated that Mr . Smyder had dropped off the board , and that Mr . Emsoff ' s presence was lacking. Mayor Trimble said that absence should be stated as excused or unexcused in the minutes of all the meetings . Coucilman Pritzkau asked if there was another way to eliminate the problem with the street numbering on Gaston in the Pointe North Addition . Assistant City Engineer Ron Homeyer , explained that the city could change the name of the street , or delete East and North, and start numbering from one end of the street to the other , and stop double numbering . Councilman Pritzkau was concerned as to why the city did not pay the whole amount that was invoiced for the geotechnical charges on the street program. Assistant City Engineer Ron /3 Homeyer explained that the city didn' t feel the need to pay all the charges , due to their lack of communication . Councilman Pritzkau suggested that the city ask for a credit on the invoice from the company, so as not to be billed for the same charges at a later date. City Manager John Pitstick, explained that City Secretary Carolyn Jones was ill and would be in bed for at least one week. He also reminded the council of a workshop scheduled for the following night . Mayor Trimble said that he noticed that plywood was being nailed to the outside of Ron' s Fruit Stand , and asked Code Enforcement Officer Roy Faires to check and see if they needed to put masonry up, or tear down the plywood . Mayor Trimble said that Linda West and himself had been thinking of ideas to commemorate the death of two vietnam veterans from Wylie, who both grew up on Hilltop Street , and died within a month of each other . He explained that they thought of changing the portion of Hilltop Street that runs south off of Stone Rd . to Combest-Hale Lane , but after talking to all homeowners on the street , one person doesn' t want it changed. Mayor Trimble asked the council if they might try to persuade Mr . Weatherman , 505 Hilltop, to go along with the change of the street name. He also said if any councilmembers had any other ideas , to let him know. Councilman Messenger said that the Collin County Crisis Center had been at the Wylie High School the preceeding week, after a high school student was killed in a car accident . He asked that staff move on with obtaining details on a fixed forward phone number with a Wylie pre-fix that would ring directly to Plano . Councilman Messenger felt that the number would give Wylie an identity to serve the city, and that it would also be nice to get a report from the Crisis Center periodically. Councilman Messenger suggested that the City offer a reward and really pursue the investigation into the vandalism at the Rita & Truett Smith Library. City Attorney Rob Dillard , said that the city couldn' t legally offer a reward , but could get a group to raise $500 to be used as a reward . City Manager John Pitstick, said that he would run an article in the newspaper asking all citizens to call the police department if they had any information regarding the vandalism. Councilman Messenger stated that he had problems with the statement that City Manager John Pitstick made, regarding the cost of a community swimming pool being as much as $500 ,000 , as stated on page 15 of the council packet in the October 6 minutes . Councilman Blakey asked that staff get a report on the bids for Sanden Boulevard . Councilman Blakey also asked what was happening on the master thoroughfare plan . City Manager John Pitstick, explained that the city had been divided into six sections , and that the planning and zoning board was concentrating on one section at a time. Mr . Pitstick added that as development comes in , the city is letting them know that the thoroughfare plan is a preliminary plan . Councilman Naish thanked Finance Director James Johnson for getting a letter in the water bills, explaining the sewer pass-through charge. Councilman Naish asked why the city had to wait until May, 1989 to get payment from North Texas Municipal Water District on the water loss , as the tower fills up in the winter months , and if the city had the check valves replaced at the current time, the major water loss would be in the preceeding months . Councilman Naish felt that the check valves needed to be replaced and the study done immediately. Assistant City Engineer Ron Homeyer , said that he had seen the charts at NTMWD, and that they check their meters every year and have good meters . Councilman Naish suggested that the city may have a leak, and may need to go on with the study and get a consultant in . Councilman Naish asked what staff was proposing , to eliminate problems with northbound traffic on Hwy 78 at FM 544 . Assistant City Engineer Ron Homeyer , explained that constructing left hand turn lanes at the intersection should solve the problem with northbound traffic that is making right turns . Councilman Naish said that he would like a report on the number of accidents that have occurred on Hwy 78 in the past year . Mayor Trimble recessed the open meeting and convened the council into Executive Session under the authority of Article 6252-17 V.A.C.S . , Section 2 , Paragraph "g" Personnel Matters - Discussion of contracts of professional services , at 10 :44 P.M. Mayor Trimble recovened the open meeting . No action was taken regarding the executive session , and a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Candi White, Secretary ATTACHMENT "A" ANNBXATION MO. 1 Survey Name Abst. Tract Acres No. WM. Sachse 835 7 3 .060 8 7 .690 10 1 .270 12 5 .420 18 1.000 18-9 11 .861 • 23 2 .000 L. K. Pegues 703 2 2 . 387 3 2 . 980 4 1 .977 6 40 .820 7 15 .780 8 16 . 830 10 1 . 717 D. Strickland 841 1 86 .030 11 4 .000 1 . Clifton 193 2 46 . 310 3 3 . 690 4 20 .000 S 41 .000 6 10 .000 7 1 . 000 7-9 16 .000 8 3 . 500 10 0 .370 11 3 .508 12 1 .983 13 4 . 500 14 2 .017 H. S. Hardin 438 2 2 .700 3 5 . 245 6 10 .278 7 2 .000 8 1 .800 9 2 .800 10 3 .850 R. D. Newman 660 33 5 .500 34 4 .680 40 3 .600 41 3 .842 43 8 .050 J. W. Curtis 196 1 75.800 2 22.890 3 0.256 4 3 .090 G. W. Gunnel 351 2 10 .000 5 7 .500 6 1.000 6-9 8 .994 7 1.000 7-9 9.000 8 6.800 9 3 .000 11 4 .500 10 1 .000 10-9 6.700 12 4 .000 13 1.629 13-9 32 .148 14 54 .988 15 1 .670 16 3.338 17 3.468 M. Milliron 563 1 1 .444 2 191 .480 2M 5.470 3 10.260 E. C. Davidson 266 6 6 . 330 7 0 . 980 13 0 . 197 15 1 .070 17 0 .680 18 1 . 008 28 37 .960 29 2 .000 29-9 17 .500 M. Sparks 849 12 44 .900 15 29 . 000 16 1 .000 16-9 29 . 000 17 28 . 810 20 27 . 452 19 10 .950 21 22 . 440 22 5 .000 23 0 . 694 24 15 . 590 25 15.000 34 33 .700 ANNEXATION NO. 2 Francisco De 688 53 8 . 101 la Pina 54 1 . 008 58 1 .000 58-9 14 .640 63 1 .000 67 13 . 920 77 59 .090 81 1 .310 82 1 . 235 92 2 . 187 93 1 . 008 93-9 17 . 710 ANNEXATION NO. 4 R. D. Newman 668 7 10 .858 8 10 .850 36 4 .950 ANNEXATION NO. 5 H. L. Douglas 292 1 1 .080 2-9 2 .590 3 0 .717 5 2 .409 6 2 . 762 7 3.800 8 1 .828 9 2 .088 18 7 . 320 19 1 .083 E. C. Davidson 267 8 1 .088 8-9 39 .620 9 10.288 39 14 .410 PLANNING AND ZONING MEETING MINUTES NOVEMBER 7 , 1988 The Planning and Zoning Commission of the City of Wylie met in regular session on Monday, November 7 , 1988 at 7 : 00 P .M. in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Brian Chaney, Board members , Bart Peddicord , Cecelia Wood , Bob Skipwith and Marty Stovall . Staff members present were Code Enforcement Officer Roy Faires, City Manager John Pitstick, Assistant City Engineer Ron Homeyer and Secretary Candi White. Board member Ron Jeffries was absent . Chairman Chaney called the meeting to order . CONSIDER APPROVAL OF MINUTES FOR OCTOBER 3, 1988 MEETING. No corrections being made, a motion was made by Mr . Peddicord to approve the minutes as submitted . The motion was seconded by Mr . Skipwith. Motion carried with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR NEW AND UNLISTED USE FOR FEED STORE WITH OUTSIDE SALES . City Manager , John Pitstick, explained to the board that Doug Poole, owner of Poole Feed Supply, was given a specific use permit for outside sales for landscaping materials , which created a new use in the zoning ordinance, and that staff was asking the board to recommend an appropriate zoning for outside sales to city council . Mr . Pitstick' s recommendation was B-1 or greater . Code Enforcement Officer , Roy Faires , stated that only limited outside sales were permitted in B-1 zoning , and that he had informed Mr . Poole at the time he rented the space, that outside sales were prohibited . Chairman Chaney said that the board could specify guidelines on specific use, such as , what could be sold , what could be stored ouside , how much, and whatever regulations were appropriate . Mr . Stovall made a motion that the board recommend to city council that the use for the feed store for outside sales be under specific use in B-1 zoning . The motion was seconded by Ms . Wood. Motion carried with all in favor . CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR THE FINAL PLAT - LOT 3R BLOCK 35 TRINITY POINT (LOCATED ON SH 78 AT BIRMINGHAM ST. ) . City Manager , John Pitstick, explained that the Chapman property was coming forward with a final plat , and that they were dedicating proper dedication for right-of-way on Hwy 78 and the city was dedicating ten feet on Calloway St . Mr . Skipwith asked if the ten feet the city is dedicating would become part of the property when approved by council . Mr . Pitstick said it would , and that fifty feet would be adequate for Calloway St . , as it is a residential collector street . Mr . Skipwith made a motion that the board recommend approval of the plat as submitted. Mr . Peddicord seconded the motion . Motion carried with all in favor . CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR THE FINAL PLAT OF LOT 58, POINTE NORTH ADDITION (LOCATED WEST BROWN ST. AT N. WINDING OAKS DR. ) . City Manager, John Pitstick, explained that this was a replat , where less than one acre was being subdivided, and that the subdivision ordinance requires full dedication and full perimeter street fees. He said the applicant is requesting that he only have to pay for his part of the perimeter street fees . Mr . Pitstick also explained that this is a simple replat and the only question is the perimeter street fees along the entire portion of the frontage of the property. Chairman Chaney said that perimeter street fees make sense in a subdivision, but not on commercial property, when the same person doesn' t own the whole piece of property. Mr . Pitstick said the fees for the whole frontage would be $19 ,485 .92 and only $3 ,217 .50 for the street just in front of the applicant ' s property. Code Enforcement Officer , Roy Faires , said that a recommendation could be made to council that they approve the replat with the stipulation that the applicant have a signed agreement with the owner that the owner pay the rest of the street fees upon development, whether he decides to subdivide or not . Mr . Peddicord made a motion to recommend to council the approval of the replat with the stipulation that the applicant have a signed agreement with the owner that the owner pay the remainder of the street fees upon development , whether he decides to subdivide or not . The motion was seconded by Mr . Skipwith. Motion carried with all in favor . PARK BOARD PRESENTATION OF PROPOSED LANDSCAPE ORDINANCE. City Manger, John Pitstick, explained that Joanie Zeeb, of the Park Board , was at the meeting to make a presentation of the proposed landscape ordinance. He said that staff supports the ordinance from a philosophical standpoint , but has questions on administering it . Ms . Zeeb, of the Park Board, said that a landscape ordinance was presented to planning and zoning a year ago, but that this was a much more simplified ordinance . She said that the ordinance basically calls for a ten foot wide strip between the street and parking lot , a tree every one hundred feet , and ten extra points . She also said the ordinance explains what is required to obtain the ten extra points . Ms . Zeeb said that the Park Board feels that the only way to ensure that the city will get prettier , is to adopt a landscpae ordinance for commercial properties . Ms . Zeeb explained that the Park Board felt the need for input from the Chamber of Commerce and local businesses . Mr . Peddicord agreed with the concept , but was concerned with enforcemnet of the ordinance, and felt like it needed to be consolidated and not so detailed . Mr . Pitstick felt that the city could start on a smaller scale and with a minimum ordinance, and add to it as the city grows . He said that it might be a good idea to schedule a workshop with planning and zoning , park board , and the chamber of commerce, to get input before the ordinance goes before council . Ms . Wood felt that the whole idea of forcing a landscape ordinance on businesses was very hypocritical , when all the city property looks so bad . Mr . Pitstick explained that the council had approved a fulltime park employee to be hired in February, who would be totally responsible for taking care of city property. DISCUSSION OF THE MASTER LAND USE PLAN . Chairman Chaney asked if the planning and zoning board needed to specify SF1, SF2 , and SF3 along the Maxwell Creek area . City Manager , John Pitstick, said that his recommendation would be to only specify single family and then later designate the size homes , as the city is looking for general land use plan at this time. Mr. Pitstick added that when development starts , the city can better determine how much SF1 , SF2, and SF3 is needed . C2 1) Mr . Stovall asked about the possibility of industrial coming in on FM 544 . Mr . Pitstick said that if the board recommends industrial , it automatically eliminates residential , but if residential is recommended , the developer must convince the board that industrial would be better . GENERAL DISCUSSION. Ms . Wood asked what the status was on Springcreek Parkway and Sanden Blvd . City Manager , John Pitstick, said that bids had been sought for Sanden Blvd . , and that Springcreek Parkway was still up in the air . Chairman Chaney asked what happened with Mr . Minyard' s lawsuit . Code Enforcement Officer , Roy Faires replied that the city lost the suit , and Mr . Minyard ' s property is officially outside the city limits . Mr . Pitstick explained that it was lost on two counts; conflict of interest and improper filing . Ms . Wood asked if the petition circulating around town for liquor sales passed , in what zoning a liquor store would be. Mr . Pitstick said it would be a matter of deciding what zoning to put it in for a specific use . ADJOURN . There being no other business , Ms . Wood made a motion to adjourn . The motion was seconded by Mr . Peddicord , with all in favor . Brian Chaney, Chairman Respectfully submitted, Candi White, Secretary • I PLANNING AND ZONING MEETING MINUTES DECEMBER 5, 1988 The Planning and Zoning Commission of the City of Wylie met in regular session on Monday, December 5, 1988 at 7: 00 P.M. in the Council Chambers of the Municipal Complex. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Brian Chaney, Board members Cecelia Wood, Bob Skipworth, Ron Jeffries and elect member Steve Wright. Staff members present were Code Enforcement Officer Roy Faires, Secretary Francis Varnell . Vice-Chairman Bart Peddicord and Marty Stovall were absent. Chairman Brian Chaney called the meeting to order. APPROVAL OF MINUTES: Brian Chaney made a correction of the minutes of November 7, 1988 meeting as follows: first page, first paragraph he changed the seventh line to read Marty Stovall , in lieu of Mary Stovall . Brian Chaney also corrected third paragraph he changed the fourth line to read Jim Caton, who was given a specific use permit. Even though this was incorrect, it is not determinable because tapes of this meeting were blank. Cecelia Wood made a motion to accept the minutes as corrected. Seconded by Ron Jeffries. The motion carried with all in favor. DISCUSSION OF THE MASTER LAND USE PLAN. Code Enforcement Officer Roy Faires questioned if they wished to continue to explore the vague presentation that has been presented over the last several months. "We think we would like to have single families of some kind" . Brian Chaney asked are we going to specify more than single families in the areas like before. Mr. Faires questioned do we want to continue broad term land use, or forget that program and use the existing specific one. Cecelia Wood also stated that she would like to see a review of the existing Master Land Use Plan. PRESENTATION OF COLLIN COUNTY SUBDIVISION REGULATION. After discussion it was decided to review and have further discussions at a future meeting. GENERAL DISCUSSION. There were several questions concerning tax suits, regional waste water proposal , work being performed by the city and questions about additional grocery stores or Walmarts coming to town. also questions concerning ETJ 's and their significance. Mr. Faires answered most of them and presented a long description of zoning and its application also subdivision and its application. Brian Chaney, Chairman Respectfully submitted, Francis Yarnell , Secretary 010Z PARK AND RECREATION BOARD MINUTES DECEMBER 1 . 1988 The City of Wylie Park and Recreation Board met in regular session on Thursday. December 1st , 1988 in the Council Chambers at the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Board Members Joanie Zeeb, Jill Tomek. Bill Emsoff . David Orr, and Jim Ferguson. Public Works Superintendent Don White. and Secretary Lisa Keith. Chairman D. F. Whitlow and Vice Chairman Ron Ferguson were absent. D. F. Whitlow gave advanced notice of his absence. Bill Emsoff called the meeting to order . With the Chairman and Vice Chairman being absent the Board elected Joanie Zeeb to Chair the meeting with all in favor . OATH OF OFFICE TO NEW MEMBER : The City Secretary was unable to attend the meeting due to the tree lighting ceremony. The oath of office will be given at the January meeting. The Board welcomed David Orr as a member . APPROVAL OF MINUTES OF OCTOBER 27TH AND NOVEMBER 3RD MEETINGS : Jim Ferguson submitted a change to October 27th minutes. Page 1 . to read . . . Jim Ferguson stated he felt as though visual value, will in the long run, promote business and that 10% of the partial frontage areas would not be sufficient. Joanie Zeeb submitted a change to October 27th minutes, Page 2. If the ordinance is too strict. . . change to. . . If there is not enough room to have a business and parking on a given lot and make it attractive, something must be done. More land acquired or something. We can ' t O. K. any more ugly growth. There being no other corrections or additions a motion was made to approve the minutes with the changes. The motion was seconded with all in favor. • BRIEFING OF LANDSCAPING ORDINANCE PROPOSAL TO P & Z BOARD: Joanie Zeeb stated that two Park Board members attended the P & Z Meeting. Most of the people at the meeting seemed to think a Landscaping Ordinance would be a good idea. Everyone was concerned about how the Chamber of Commerce felt about it. It was decided to get the Chamber of Commerce involved before going any further with it. Jill Tomek said if P & Z does not propose the ordinance to City Council then I think we are obligated to do it. The Board updated David Orr on past discussion of the Landscaping Ordinance. DISCUSSION OF RECREATIONAL TASK FORCE MEETING : Jim Ferguson explained what the meeting was all about and that everyone was present except the YMCA representative. This was the final discussion. The school has no more facilities available for any more programs . We are limited, what we have now is it. The final conclusion is that the City is supporting WSA. The YMCA has been invited to fill in where WSA does not. Such as summer programs : swimming. camping, etc. WSA is responding to every age group that has an interest , in all sports . The YMCA will handle more developmental athletics for younger age groups. David Orr said WSA is willing to work with the YMCA. We have asked the Y to confront us, but they wish to work solely through the City. WSA and YMCA both have to work with the Park Board. Communications has been a real problem. Jill Tomek said I think the majority of the Board is trying to make it the best it can be for the citizens . Jill Tomek explained to David Orr why the Park Board was initially pro YMCA. Jim Ferguson explained the initial concept to David Orr . and how he felt some information was not transmitted the way it was discussed. The YMCA and USA presented their ideas and recommendations to the Park Board. The whole thing was not organized or communicated the proper way. David Orr said I think the whole problem is the YMCA has shown no validity to the Park Board. DISCUSSION OF NATIONAL ARBOR DAY FOUNDATION MEMBERSHIP : Don White distributed a memo to the Park Board Members ( see attached ) . and explained why he wanted to purchase trees. The trees are very young and we would almost have to have a small tree farm to care for them. I want to get everyones feelings on buying a few more trees. Jim Ferguson expressed his concern about how small the budget is and that there are other priorities right now. Jill Tomek said I see what Mr. White is saying . Maybe we could put fences around the trees until they are large enough for the kids to climb. A motion was made to recommend the appropriation of money for trees. The motion was seconded with all in favor . GENERAL DISCUSSION: The Board updated David Orr on the TOPO and playground project. Jim Ferguson said the Park Master Plan is no longer valid. We don' t have the same amount of property. The Park Board will be devising a new Master Plan using some of the ideas from the old one. Don White said we have been trying to remove the ugly pile of dirt at the park. little by little. We have in mind to take all of the excess to build the ultimate soccer/football field. Spread the dirt then go ahead and seed the area and put bleachers in. There would still be a large enough area for a road and more parking. Board Members were in agrement to discuss the possibility of doing this and changing the Park Master Plan. The Board agreed that David Orr needed copies of the minutes of all meetings since July of 1988. Lisa Keith said she would get the copies to him. Joanie Zeeb asked Don White if he could find out who owns the planters in the downtown area or who they need to get permission from to clean them out and get the Garden Club to plant flowers in them. Mr. White said as far as he knew they belonged to the City. and that he would send some of his employees out to remove one half of a foot of the old dirt from the planters. Bill Emsoff asked Mr . White if the Park and Recreation budget was to beautify the City also. not just the Park. Mr . White said it is for all City properties . Some of the Board Members were unaware of this. There being no other business or discussion. a motion was made to adjourn, with all in favor. Joanie Zeeb, Acting Chairman Respectfully Submitted, Lisa Keith, Secretary 7 f22 REQUEST TO BE PLACE ON AGENDA YY Date of next Council Agenda i _C = • i-• 2 I -- rL' 4/ _, --- w1 sh to Spea4 to the City Council for the reason listed below: 1 9$ J./ (c;eig*,,i9 o'et. 7:7 ---1-46'.'.'2- "4- ,A.,-.7-!&147:--.4 Thank you, Signature _Z ee -25 JS ree -- -?, f'ofr _e_ Ci , State Zip Code -- 1 i- 6 S/' Phone Number CITY OF WYLIE 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 To: John Akin, Acting City Manager From: James Johnson, Finance Director Re: Additional Information-Ken Ford's Presentation on 198`4 Delinquent Taxes Date: December 8, 1988 This is a retype and up-date of my memo to Mr. Pitstick for the November 22nd Council meeting. I am enclosing a letter that Mr. Ford wrote the City's Tax attorneys and as you can see by his letter, he believes that theCity is at fault. In reply, I am attaching copies of specific sections of the Texas Property Tax Code-beginning with Section 26.01 (Submission of Rolls to Taxing Units) , requires that the Appraisal District submit an appraisal roll to the various taxing units(i.e. , City) and that the chief appraiser certify the roll submitted. I followed with Section 26.04 (Submission of Roll to Governing Body)-Once roll is submitted to the taxing unit,i.e. the City, the tax assessor-collector shall certify the roll to the governing unit and the tax is calculated along with the collection rate based on the preceding year. Section 26.09 (Calculation of Tax) is the section that states that the tax assessor-collector calculates the tax and thereby creates the tax roll, the appraisal roll with the tax amounts (tax rate) as approved by the governing body (Council) shall constitute the unit's tax roll. The most important section dealing with Mr. Ford's compliant is Section 31.01 (Tax Bills)-the taxing unit must send tax statements to the person whose name is on the tax roll or authorized agent. Paragraph g of the section states that "failure to send or receive the tax bill required by this section shall not affect the validity of the tax, penalty, or interest, the due date, existence of the tax lien, or any procedure instituted to collect the tax.' Section 41.41 (Right of Protest)-this section gives the taxpayer the right of protest given the time restrictions of the section. diF SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD ALFRED SALL NGER (Formerly Saner. Jack. Sa'linger& Nichols) JOHN PIERCE GRIFFIN LAWRENCE W.JACKSON Attorneys & Counselors at Law DAVID M BERMAN TIM KIRK 1800 Lincoln Plaza JOHN F ROEHM III ROBERT L.DILLARD III 7� 500 N. Akard BRUCE A.STOCKARD ROBERT D. HEMPHILL D Texas Texas 17201 M i_EWIS KINARD ROBERT E.HAGER PETER G SMITH (214) 954-3333 ROBERT L.DILLARD,JR. Facsimile (214) 904-3:334 H LOUIS NICHOLS OF COUNSEL November 18 , 1988 James Johnson City of Wylie P .O. Box 423 2001 Highway 78 Wylie, Texas 75093 Dear James : Enclosed please find a copy of Ken Ford' s letter that you requested. If I can be of further assistance to you, please do not hesitate to call . SALLINGER, NICHOLS, JACKSON KIRK & DILLARD By /41(.4( san Noel , Tax Manager Encl : CE' FIED RETURN ..c;CEIPT ik REQUESTED am ' Western Auto Associate Home & Auto Supply 12_o 4 KEN & NOREEN FORD 709 N HWY. 78 September 8, 1988 WYLIE. TX. 75098 PHONE 214 442 6556 214.442-6557 Sallinger, Nichols, Jackson, Kirk & Dillard, Attorneys 1800 Lincoln Plaza 500 North Akard Dallas, Tx. 75201 Re: Cause No. 219-1005-88 Norken Investments Corp. 1984 City of Wylie taxes $343.05 CAD#: 146700200401 Enclosed is check No. 2995 in the amount of $343.05 for full payment of 1984 property taxes included in your suit filed on July 20, 1988. We were entitled to be notified of taxes due to the City of Wylie. Due to some unfortunate errors and lack of any diligent effcrt by the City of Wylie, we did not receive tax statements or any of the correspondence on the past due status of 1984 taxes. The first notice of any delinquent taxes was the petition that was delivered to us. Briefly stated for your review are the facts and errors that occurred. 1. The property was not owned by me on the assessment date, January 1, 1984, but was acquired on May 1, 1984. There was no proration of taxes or escrow payments on closing. 2. The Appraisal District recorded as our address 1014 W. Garland Ave. , Garland, Tx. , which happens to be the address of the Southwest Land Title Company which handled the closing on the acquisition of the property. 3. Tax statements and all correspondence were apparently mailed to 1014 W. Garland Ave. , (now Main St.) Garland, Tx. Southwest Land Title admits that they did not forward or return incorrectly addressed mail. 4. The City of Wylie apparently made very little effort, if any, to discover errors in their tax rolls. As evidence of this, and as you know, the taxes for 1985 were included in your petition and we submitted proof of payment for that year. Taxes for all years subsequent to 1984 and, much larger amounts than 1984, have been paid. It seems that with the least bit of effort, the city could have discovered that we were not avoiding .axes and notified us of this unpaid amount for 1984 without resorting to suit. We'll be goo + to(30 For the reasons stated above, we do not feel obligated to pay any amount in excess of the amount of taxes of $343.05 which we have included. It is my opinion that this is a reasonable settlement since we were not notified in almost four years that taxes were owed and we were not respon— sible for the errors that caused a delinquent tax situation. Your favorable consideration is requested. Norken I.vestm- ts Corporation Ar by enneth j Ford, President Copy to: 219th District Court Hannah Kunkle, Clerk McKinney, Tx. 75069 Mr. John Pitstick, City Manager City of Wylie P.O. Box 428 Wylie, Tx. 75098 k.3" • Texas Property Tax 41"-- Code Volume One of a two-volume set of Texas property tax laws published by the State Property Tax Board •e�• T ,- _ �TExP► . ., Members of the Board Ben Munson, Chairman Nicholas V. Lampson 11 George F. Bobbitt Ciro Trevino Marvin L. Jones Gerald (Buddy) Winn i 1- J i- State Property Tax Board Staff Ron Patterson, Executive Director • Bob Carroll, Deputy Director for Operations Sands L. Stiefer, General Counsel Tim Wooten, Deputy Director for Valuations Appraisal and Assessment Sec.-26.01 Sec. 26.01. Submission of Rolls to Taxing Units.(a)By July 25, the chief appraiser shall prepare and certify to the assessor for each taxing unit participating in the district that part of the appraisal roll for the district that lists the property taxable by the unit. The part certified to the assessor is the ap- praisal roll for the unit. The chief appraiser shall consult with the assessor for each taxing unit and notify each unit in writing by April 1 of the form in which the roll will be pro- vided to each unit. (b) When a chief appraiser submits an appraisal roll for county taxes to a county assessor-collector, he also shall cer- tify the roll to the State Property Tax Board. However, the State Property Tax Board by rule may provide for submis- sion of only a summary of the appraisal roll. In that event, the chief appraiser shall certify the summary in the form and manner prescribed by the board's rule. (c) Repealed in 1985. (In 1983, the Legislature passed two Subsections (c). One of these was repealed in 1985.) (c) The chief appraiser shall prepare and certify to the assessor for each taxing unit a listing of those properties which are taxable by that unit but which are under protest and therefore not included on the appraisal roll approved by the appraisal review board and certified by the chief apprais- er. This listing shall include the appraised market value, productivity value (if applicable), and taxable value as de- termined by the appraisal district and shall also include the market value, taxable value, and productivity value (if ap- plicable) as claimed by the property owner filing the protest if available. If the property owner does not claim a value and the appraised value of the property in the current year is equal to or less than its value in the preceding year, the list- ing shall include a reasonable estimate of the market value, taxable value, and productivity value (if applicable) that would be assigned to the property if the taxpayer's claim is upheld. If the property owner does not claim a value and the appraised value of the property is higher than its appraised • value in the preceding year, the listing shall include the ap- praised market value, productivity value (if applicable) and 26-3 Sec. 26.01 Property Tax Code taxable value of the property in the preceding year, except that if there is a reasonable likelihood that the appraisal re- view board will approve a lower appraised value for the prop- erty than its appraised value in the preceding year, the chief appraiser shall make a reasonable estimate of the taxable value that would be assigned to the property if the property owner's claim is upheld. The taxing unit shall use the lower value for calculations as prescribed in Sections 26.04 and 26.041 of this code. • Amended by 1981 Tex. Laws(1st C.S.), p. 162, ch. 13, Sec. 114; amended by 1983 Tex. Laws, p. 4615, ch. 786, Sec. 1; amended by 1983 Tex. Laws, p. 4826, ch. 851, Sec. 17; amended by 1983 Tex. Laws, p.4946,ch.884,Sec. 3;amend- ed by 1985 Tex. Laws, p. 2498, ch. 312, Sec. 6; amended by HB 1866, 70th Leg.,1987,effective January 1, 1988. Cross References: Appraisal roll for appraisal district,see Sec.25.24. Appraisal roll summary to SPTB,see SPTB Rule Sec. 163.6. Adding railroad rolling stock to county appraisal roll, see Sec.24.39. Property still under protest,see Sec.41.12. Adding transportation business intangible value to county appraisal roll,see Sec.24.13. Suit to compel compliance with deadlines,see Sec.43.04. Sec. 26.011. Repealed in 1987. Added by 1981 Tex.Laws(1st C.S.),p.163,ch.13,Sec.115. Notes: Section 26.011 on limited increases in reappraised value is unconstitutional.Op.Tex.Att'y Gen.No.JM-43(1983). Sec. 26.012. Definitions.In this chapter: (1) "Additional sales and use tax" means an addi- tional sales and use tax imposed by a city or county under Section 2A, Local Sales and Use Tax Act (Arti- 26-4 Appraisal and Assessment Sec.26.04 Notes: City and school district illegally assessed taxpayer's property where they assessed it at 90%of its value and assessed other property at about 64%of its value.An`assessment ratio'in- cludes the actual'ratio of assessment'found by the court or jury on level of appraisal"and is not limited to a predeter- mined assessment ratio set by the taxing authority. Moreo- ver,'assessment ratio"is equivalent to'average level of as- sessment"and allows relief from unequal taxation regardless of the use of an assessment ratio established in advance. Fi- nally,the assessment ratio established the taxable value for relief even if the district disregarded the requirement that all property be assessed at full value. City of Dallas v. Union Tower Corporation, 703 S.W.2d 275(Tex.App.—Dallas 1985, writ refd n.r.e.). Sec.26.03. Repealed in 1983. [NOTE: The 70th Legislature enacted numerous amendments to Section 26.04. One bill, HB 1866, rewrote it completely. This section gives the text of Section 26.04 as amended by HB 1866, 70th Leg., 1987, effective January 1, 1988. Language of earli- er amendments made by SB 1420, 70th Leg., 1987, effective June 19, 1987, and by HB 1650, 70th Leg., 1987, effective August 31, 1987, is noted where appropriate.) Sec. 26.04. Submission of Roll to Governing Body.(a) On receipt of the appraisal roll, the assessor for a taxing unit shall determine the total appraised value, the total assessed value, and the total taxable value of property taxable by the unit. He shall also determine, using information provided by the appraisal office, the appraised, assessed, and taxable value of new property. (b) The assessor shall submit the appraisal roll for the unit showing the total appraised, assessed, and taxable val- ues of all property and the total taxable value of new property 26-9 Sec. 26.04 Property Tax Code • to the governing body of the unit by August 1 or as soon there- after as practicable. By August 1, the taxing unit's collector shall certify an estimate of the collection rate for the current year to the governing body. If the collector certified an antic- ipated collection rate in the preceding year and the actual collection rate in that year exceeded the anticipated rate, the collector shall also certify the amount of debt taxes collected in excess of the anticipated amount in the preceding year. (NOTE: Without reference to the amendments to subsection (b) made by HB 1866, SB 1420, 70th Leg., 1987, effective June 19, 1987, amended subsection (b) to read as follows.) (b) By August 1 or as soon thereafter as possible: (1) the assessor shall submit to the governing body of the unit the appraisal roll for the unit showing the to- tal appraised, assessed, and taxable values of all property and the total taxable value of new property; and (2) the collector for the unit shall certify to the gov- erning body: (A) the anticipated collection rate of the unit for the current year; and (B) if the sum of the amount of taxes imposed in the preceding year that is collected before July 1 of the current year and the amount of delinquent taxes imposed in previous years, including any penalties and interest on those taxes, that is col- lected on or after July 1 of the preceding year and before July 1 of the current year exceeds the amount that the collector estimated would be col- lected in calculating the unit's anticipated col- lection rate for the preceding year, the amount calculated by multiplying the difference between those amounts by a fraction, the numerator of which is the rate component adopted by the gov- 26-10 Appraisal and Assessment Sec. 26.09 year in which there was no dedication of local tax funds to the junior college district under Section 20.48(e), Texas Edu- cation Code, the school district may not dedicate any local tax funds to the junior college district in the year to which the election applies. If the proposition is not approved by a ma- jority of the qualified voters voting in the election, the per- centage of the total tax levy dedicated to the junior college district is the percentage adopted by the governing body. Added by 1983 Tex.Laws,p.5374,ch.987,Sec.2. Cross References: Calculation of effective rate,see Sec.26.04(dX3). Sec. 26.09. Calculation of Tax.(a)On receipt of notice of the tax rate for the current tax year, the assessor for a taxing unit other than a county shall calculate the tax imposed on each property included on the appraisal roll for the unit. (b) The county assessor-collector shall add the properties and their values certified to him as provided by Chapter 24 of this code to the appraisal roll for county tax purposes. The county assessor-collector shall use the appraisal roll certi- fied to him as provided by Section 26.01 with the added prop- erties and values to calculate county taxes. (c) The tax is calculated by: (1) subtracting from the appraised value of a property as shown on the appraisal roll for the unit the amount of any partial exemption allowed the property owner that applies to appraised value to determine net ap- praised value; (2) multiplying the net appraised value by the assess- ment ratio to determine assessed value; (3) subtracting from the assessed value the amount of any partial exemption allowed the property downer to determine taxable value; and 26-37 L.37 Sec.26.09 . Property Tax Code (4)multiplying the taxable value by the tax rate. (d) If a property is subject to taxation for a prior year in which it escaped taxation, the assessor shall calculate the tax for each year separately. In calculating the tax, he shall use the assessment ratio and tax rate in effect in the unit for the year for which back taxes are being imposed. To the amount of back taxes due, he shall add interest calculated at the rate provided by Subsection (c) of Section 33.01 of this code from the date the tax would have become delinquent had the tax been imposed in the proper tax year. (e) The assessor shall enter the amount of tax deter- mined as provided by this section in the appraisal roll and submit it to the governing body of the unit for approval. The appraisal roll with amounts of tax entered as approved by the governing body constitutes the unit's tax roll. Amended by 1981 Tex. Laws(1st C.S.), p. 166, ch. 13, Sec. 121;amended by 1983 Tex.Laws,p.4827,ch.851,Sec.19. Cross References: Form of tax roll, see SPTB Rule Sec.155.5. Imposition of tax for transportation business intangibles,see Sec.24.13. Imposition of tax for railroad rolling stock,see Sec.24.39. Assessment ratio abolished,see Sec.26.03. Appraisal roll for taxing unit,see Sec.26.01. Tax rate,see Sec.26.05(a). Prorating taxes for loss of exemption,see Sec.26.10. Prorating taxes for acquisition by government,see Sec. 26.11. Taxation of omitted property,see Sec.25.21 Correction of tax roll,see Sec.26.15. Delinquency date generally,see Sec. 31.02. Postponement of delinquency date,see Sec.31.04. Sec. 26.10. Prorating Taxes—Loss of Exemption.If the appraisal roll shows that a property is eligible for taxation for only part of a year because an exemption, other than a residence homestead exemption, applicable on January 1 of 26-38 • Sec. 31.01 Property Tax Code (7) state the amount of tax due, the due date, and the delinquency date; (8) explain the payment option and discounts provid- ed by Sections 31.03 and 31.05 of this code, if availa- ble to the unit's taxpayers, and state the date on which each of the discount periods provided by Section 31.05 concludes, if the discounts are available; (9) state the rates of penalty and interest imposed for delinquent payment of the tax; and (10) include any other information required by the State Property Tax Board. (d) Each tax bill shall also state the amount of penalty, if any, imposed pursuant to Sections 23.431, 23.54, 23.541, 23.75, 23.751, 23.87, and 23.97 of this code. (e) An assessor may include taxes for more than one tax- ing unit in the same tax bill, but he shall include the infor- mation required by Subsection (c) of this section for the tax imposed by each unit included in the bill. (f) The governing body of a taxing unit may provide in the manner required by law for official action by the body that a tax bill not be sent until the total amount of unpaid tax- es the unit collects on the property is $25 or more. Penalties and interest do not accrue during a period when a bill is not sent because of the provisions of this section. (g) Except as provided by Subsection (f) of this section, failure to send or receive the tax bill required by this section does not affect the validity of the tax, penalty, or interest, the due date, the existence of a tax lien, or any procedure insti- tuted to collect a tax. (h) An assessor who assesses taxes for more than one taxing unit may prepare and deliver separate bills for the taxes of a taxing unit that does not adopt a tax rate for the year before the 60th day after the date the chief appraiser cer- 31-4 • �.J Remedies SeC. 41.41 Subchapter C. Taxpayer Protest Sec. 41.41. Right of Protest.A property owner is entitled to protest before the appraisal review board the following actions: (1) determination of the appraised value of his prop- erty or, in the case of land appraised as provided by Subchapter C, D, or E, Chapter 23 of this code, deter- mination of its appraised or market value; (2) unequal appraisal of his property in comparison to the median level of appraisals of other property in the appraisal district; (3) inclusion of his property on the appraisal records; (4) denial to him in whole or in part of a partial exemption; (5) determination that his land does not qualify for appraisal as provided by Subchapter C, D, or E, Chap- ter 23 of this code; (6) identification of the taxing units in which his property is taxable in the case of the appraisal dis- trict's appraisal roll; (7)determination that he is the owner of property; or (8)any other action that applies to the property owner and adversely affects him. Amended by 1981 Tex. Laws(1st C.S.), p. 170, ch. 13, Sec. 137;amended by 1985 Tex.Laws,p.6149,ch. 823,Sec.3,eff. Jan.1,1986. Cross References: Determination of appraised value,see Sec.23.01. Median level of appraisal,see Sec.1.12. 41-9 ID Collections and Delinquency Sec. 31.01 Sec. 31.01. Tax Bills. (a) Except as provided by Subsec- tion (f) of this section, the assessor for each taxing unit shall prepare and mail a tax bill to each person in whose name the property is listed on the tax roll or to his authorized agent. The assessor shall mail tax bills by October 1 or as soon thereafter as practicable. The assessor shall mail to the state agency or institution the tax bill for any taxable property owned by the agency or institution. The agency or institu- tion shall pay the taxes from funds appropriated for payment of the taxes or, if there are none, from funds appropriated for the administration of the agency or institution. (b) The county assessor-collector shall mail the tax bill for Permanent University Fund land to the comptroller. The comptroller shall pay all county tax bills on Permanent University Fund land with warrants drawn on the General Revenue Fund and mailed to the county assessors-collectors before February 1. (c) The tax bill or a separate statement accompanying the tax bill shall: (1)identify the property subject to the tax; (2) state the appraised value, assessed value, and tax- able value of the property; (3) if the property is land appraised as provided by Subchapter C, D, or E,Chapter 23 of this code, state the market value and the taxable value for purposes of deferred or additional taxation as provided by Sec- tion 23.46, 23.55, or 23.76, as applicable, of this code; (4) state the assessment ratio for the unit; (5) state the type and amount of any partial exemp- tion applicable to the property, indicating whether it applies to appraised or assessed value; (6)state the total tax rate for the unit; 31-3 Collections and Delinquency Sec. 31.01 tifies the appraisal roll for the unit under Section 26:01 of this code or, if the taxing unit participates in more than one ap- praisal district,before the 60th day after the date it receives a certified appraisal roll from any of the appraisal districts in which it participates. If separate tax bills are prepared and delivered under this subsection, the taxing unit or taxing units that failed to adopt the tax rate before the prescribed deadline must pay the additional costs incurred in prepar- ing and mailing the separate bills in addition to any other compensation required or agreed to be paid for the appraisal services rendered. (i) For a city or town that imposes an additional sales and use tax under Section 2A, Local Sales and Use Tax Act (Article 1066c, Vernon's Texas Civil Statutes), or a county that imposes a sales and use tax under the County Sales and Use Tax Act (Article 2353e, Vernon's Texas Civil Statutes), the tax bill shall indicate the amount of additional ad valo- rem taxes, if any, that would have been imposed on the prop- erty if additional ad valorem taxes had been imposed in an amount equal to the amount of revenue estimated to be col- lected from the additional city sales and use tax for the year determined as provided by Section 26.041(c) of this code or from the county sales and use tax for the year determined as provided by Section 26.042(c) of this code, as applicable. Amended by 1981 Tex.Laws,p.2359,ch.581, Sec.3;amend- ed by 1981 Tex. Laws (1st C.S.), p. 166, ch. 13, Sec. 122; amended by 1983 Tex.Laws, p. 15,ch.5, Sec. 1;amended by 1985 Tex. Laws, p. 2961, ch. 429, Sec.1; added Sec. 31.01(i) by SB 299, 70th Leg., 1987,effective April 2, 1987;amended Sec. 31.01(0 by HB 1051, 70th Leg., 1987, effective June 19, 1987. Cross References: Assessors and collectors,generally,see ch. 6,subch.B. Current tax bill,see SPTB Rule Sec.155.38. Delivery of tax bill to fiduciary,see Sec.1.11. Calculation of sales and use tax adjustment,see Sec.26.041. Calculation of tax and omitted property,see Sec.26.09. Corrected and supplemental tax bills due to correction of tax roll,see Secs.26.15(e)&(f). 31-5 Remedies Sec. 41.41 Subchapter C. Taxpayer Protest Sec. 41.41. Right of Protest.A property owner is entitled to protest before the appraisal review board the following actions: (1) determination of the appraised value of his prop- erty or, in the case of land appraised as provided by Subchapter C, D, or E, Chapter 23 of this code, deter- mination of its appraised or market value; (2) unequal appraisal of his property in comparison to the median level of appraisals of other property in the appraisal district; (3) inclusion of his property on the appraisal records; (4) denial to him in whole or in part of a partial exemption; (5) determination that his land does not qualify for appraisal as provided by Subchapter C, D, or E, Chap- ter 23 of this code; (6) identification of the taxing units in which his property is taxable in the case of the appraisal dis- trict's appraisal roll; (7)determination that he is the owner of property; or (8)any other action that applies to the property owner and adversely affects him. Amended by 1981 Tex. Laws (1st C.S.), p. 170, ch. 13, Sec. 137;amended by 1985 Tex.Laws,p.6149,ch. 823,Sec.3,eff. Jan.1,1986. Cross References: Determination of appraised value,see Sec.23.01. Median level of appraisal,see Sec.1.12. 41-9 Sec. 41.41 Property Tax Code Inclusion on appraisal records,see Secs.11.01&21.01. Listing of ownership,see ch.25. Taxing unit situs,see Secs.21.01 &21.02. Remedy for situs protest,see Sec.41.42. Remedy for protest of appraisal inequality,see Sec.41.43. Partial exemptions,see Secs.11.13,11.22,11.24,11.27& 11.28. Productivity appraisal,see ch.23,subchs.C,D&E. Notice and deadline for protest,see Sec.41.44. Right of appeal by property owner,see Sec.42.01. Exclusivity of remedies,see Sec.42.09. Notice of appeal,see Sec.42.06. Notes: Where taxpayer claimed not to be the owner of property upon which delinquent taxes were due and he had not pre- sented this fact before the appraisal review board, he has waived non-ownership as a defense to a delinquent tax suit. A taxpayer must protest the non-ownership issue before the appraisal review board. Anderson v. Robstown Independent School District,706 S.W.2d 952(Tex.1986). A taxpayer seeking correction of a clerical error that affects tax liability must exhaust his administrative remedies by fil- ing a correction motion with the Appraisal Review Board be- fore bringing suit in district court for a refund.Liland v.Dal- las CAD, 731 S.W.2d 109(Tex.App.—Dallas 1987,no writ). Taxpayers who failed to comply with the Tax Code provi- sions for protesting property valuation were preempted from a right to judicial review because of the exclusiveness of the remedies provided by the Tax Code.Adams v.Kendall County Appraisal District, 724 S.W.2d 871 (Tex.App.—San Antonio 1986). Injunctive relief by a taxpayer for protesting valuation of his property is no longer permissible; the legislature has provid- ed a comprehensive plan for appeal of taxing authorities'de- cisions in the Tax Code and has required property owners to follow that plan. Brazoria County Appraisal District v. Not- lef, Inc., 721 S.W.2d 391 (Tex.App.—Corpus Christi 1986, writ ref d n.r.e.). Property owned by a hospital authority with a portion leased to private doctors for their own commercial enterprise was 41-10 • Remedies Sec. 41.411 not used exclusively for the use and benefit of the public and was not exempt as public property.A hospital authority must exhaust its procedural administrative remedies under the Tax Code before-seeking judicial review.Grand Prairie Hos- pital Authority v.Tarrant Appraisal District,707 S.W.2d 281 (TexApp.—Fort Worth 1986, writ refd n.r.e.). The failure of the appraisal district to deliver a notice of ap- praised value denied due process to the taxpayer and de- prived the appraisal review board of jurisdiction to consider any increase in taxpayer's valuation above the amount ren- dered. Because the board did not acquire jurisdiction over • the valuation,the taxpayer was not confined to remedies un- der the Property Tax Code and could challenge the assess- ments through a collateral attack. Garza v. Block Distribut- ing Co., 696 S.W.2d 259 (Tex.App.--San Antonio 1985, writ refd n.r.e.). Property tax statute did not arbitrarily deprive taxpayer of his right to show that taxes assessed on his property were unequal, not uniform, and excessive where the code, which meets due process requirements, affords taxpayers the right to protest a hearing on protests and a determination of a pro- test.Brooks v.Bachus, 661 S.W.2d 288(Tex.App.—Eastland 1983,writ refd n.r.e.). Sec. 41.411. Protest of Failure to Give Notice.(a)A prop- erty owner is entitled to protest before the appraisal review board the failure of the chief appraiser or the appraisal re- view board to provide or deliver any notice to which the prop- erty owner is entitled. (b) If failure to provide or deliver the notice is esta- blished, the appraisal review board shall determine a protest made by the property owner on any other grounds of protest authorized by this title relating to the property to which the notice applies. (c)A property owner who protests as provided by this sec- tion must comply with the payment requirements of Section 42.08 or he forfeits his right to a final determination of his protest. 41-11 MEMORANDUM TO: JOHN P . TSTICK , CITY MANAGER FROM: DAMES JOHNSON, FINANCE DIRECTOR RE: BACKGROUND INFORMATION ON KEN FORD PRESENTATION DATE: NOVEMBER 18 , 1988 Mr . Ford will speak on Tuesday, November 22 , 1388 regarding his 1984 taxes . Originally, Mr . Ford was sued by the city ' s tax attorneys for delinquent taxes for the tax years 1384 & 1985 . Later , we discovered a receipt dated 1 -31 -86 that they ( 1985 taxes) on his business , Western Auto, had been paid . Though this receipt dated 1-86 was prior to finance taking over the tax function (10-87) , I will assume fault for the error , as it was not caught by my people when reviewing these records . However , the 1984 taxes were not paid and the city' s lawsuit for 1985 taxes was being ammended at the time Mr . Ford eventually paid his taxes in full . The issue probably that will be raised tonight is that on May 1 , 1984 , Ken Ford purchased the property ( raw land) from Harold Spence (see purchaser ' s statement) . You will notice that on the " tax proration" from Southwest Title Company, the " tax proration" was to be handled directly between the buyer and seller when the tax information was available. Although this is not the norm, it has and is being done today in some cases . This really means that when the tax rates are set and available, the buyer and seller would sit down and calculate who was responsible for what and how much, based on the number of months each owned the property, and the taxes would be paid accordingly. Normally, at the time of closing , the taxes are pro-rated, the buyer gets the credit and is responsible for all taxes when they become due . Moreover, at the time of closing , the buyer has the responsibility of making sure the address change is acknowledged by the appraisal district ( in our case, the Collin County Central Appraisal District) , which is the custodian of the tax records under current Texas law. In this case, the tax statements in 1984 went repeatedly to the address of Southwest Title Company, and of course, the taxes were not paid (Norken Investments Corporation, 1014 W. Garland, Garland, Texas 75040) . In 1985 , the address was changed on this tax account number (R146700200301) to Norken Investments Corporation, 7$6 E. Hwy 78 , P.O. Box 299 , Wylie , Texas 75098 . As well , in 1986 , 1987 , and 1988 the tax statements were sent to this new address . The tax code states that the city will make a diligent effort ( that means mailing out the statements) to reach the taxpayer by mail . Whether or not he received the 1984 tax statement and subsequent notice, he is still ( the taxpayer ) responsible for the payment . Changes of address are handled by the Central Appraisal District , though on occasion , we make a request to the district for a change at the taxpayer ' s request . Instead of paying the $343 . 05 , which was the original levy in 1984 , Mr . Ford ended up paying $615 . 43 recently to resolve the case . His presentation will probably be centered around the fact that he belives the city was negligent , in his opinion , for not ❑otifying him of his taxes due and feels that he should not have to pay the penalty and interest on the 1984 levy. I called David 3erman , of our tax firm (Sallinger , Nichols , Jackson , Kirk and Dillard) to request his presence on Tuesday evening about this case since he was my contact on it . However , I have been unable to get in touch with him so far , but will try to have him here for the meeting . I also consulted with Susan Noelle, tax manager for the law firm, and her advise on the case , before we proceeded with collecting the penalty and interest , though I remembered that the taxpayer is ultimately responsible for making sure the taxes are paid , whether or not he receives a statement . In fact , if he doesn' t , this should be a red flag that something is wrong . Given the number of address changes on tax accounts we receive each year , I do not believe the City should verify each addresss is correct , as that is the owner ' s responsibility. I will try to have additional information available at the meeting . SALLINGER. NICHOLS. JACKSON. KIRK & DILLARD _ Formerly Saner. bck. SsBinger E Nichols) o,,,• ef� ;,,, ,,. +. au.ss+,c..ws* .Attorneys k Counselors at :1W 3rrp . iprw _,vamEtart at .•GaSOa. i800 Lacotn !?!eta .a...,r •oc,.r .n a,,, 500 N. !Otani s.vc[ sroc.•.O ••r :+•.O•.. EuOAA C •o'E '�� ""� �� Dallas. '.'etas 75201 •OREw- E. -�.E• 214) 354.3333 •o.. 3w:.cc..o •E-Ew s.•.r+• Facsimile '214) 954.3334 .oSESr or =our+SEL Seotemter 23 , 1988 Ken Ford Norken :nvestments c/o Western Auto 709 N . ichway 78 Wylie , Texas 75098 ?e : Del_ncuent Tax Account No . 146700200401 Cause Nc . 219-1)0 -83 Dear Mr . Ford : Enclosed please find your check No. 2995 in the amount of $343 . 05 . Cur office cannot accept this check for an incorrect amount ; this check is for the base tax amount only, and does not include penalty, interest , or collection costs . All property in the State of Texas is taxed every year . Each taxpayer has the responsibility for paying his taxes ever' vear and failure to receive notice of `_axes due does not excuse his co. _cation for taxes , penalties , interest or fees . Failure to receive a tax statement should, if anvthinc , C,ive the taxpayer notice that an error has beer. made . The amount of tax due on this account is $615 . 43 if paid on or before September 30 , 1983 . Please make your check payable to the City of Wylie and forward to our office , address above, to my attention. Should you have any questions , do not hesitate to contact me at ( 214 ) 954-3101 . Sincerely, SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD 4 BY YZ2 /,‘� Susan Noell , Tax Manager cc : City of Wylie Tax Office Enclosure PclL Cacz R DELINQUENT TAX STATEMENT 143--Q1 = 22 ACCOUNT NUMBER !14677c2"'14 -t ! CITY 0' WYLI TAX C CLL EC Tali A9h/A8S OAK RETAIL.•+ir:P P. O. 80X 428 3LK/siiT 8 riL i El, Tx 75Cg8 LOT/TR 4 9WCNE 442-22 36 I O(^.0C353CSIC e ? )02'7 C4;.I NURX.7N IhYES P4ENT; (CRP )7/25/3F 1.)14 M GARLANC C2,1q1..ANC Tx t r� 2 :CVv 7,.G4) READ .,'ATE ANC DR ERc`NAi PROPFR•v -a■ RETURN THIS FORM INITH PAYMENT PENA_'• aNC NrEaE; :AR N c ap, 7E_Eo, AUGUST SEPTEIMEER OCaTCP►" k t 5 'i772' i 72q.75 , 443/4 C 2'3C4.E': Z.6 :o .Ac 1494, 143 .r5 ott 44 5j 5.43 1J I TOTAL AMOUNT DUE 345b.3y 346 =.23 35�+. .: 7 T 11 CALE iNCLU 2�Y_'-LitiLgU5 N 1 C:I LIC T 7(7 N r.-c T • . .1. • • 1 • • • • 'Flay 1, 1984 - . Re: Lai' 4, BLCCK 2, Replat of OAKS RETAIL, Wylie, Texas _ We, the undersigned Seller and Buyer of the above property hereby acknowledge that tax bills for 1984 have not as yet been issued, and at the time the amount of taxes for 1984 are known, the • • Buyer and Seller agree to prorate and pay the taxes directly with each other. • SFf;.F.R: .�` , .ti' PURCHASER a; • [VORKEN ilWF,S ME.T'S CORP('RATION J 4P: a'.: Harold Spence • -, :c Ken ord, ident .-'• ,�,- .�: . ._ � �I - , F , . fit, i > • {.. - • cjoe T� t.,� i •^+r :.4'1y!s." - lei: - r!`. .R• . .�4r . + ti .� . ,, if" r r _• .4 �, . i-r� v y 4- 1. „ -tee ' r. Ljr'+� 4.4 '44 `'* �� I `• r am+ - [i .�,'' 4. , 2te'Jr 5;-.` ,y. •'•• •� • �l 'T • ♦ ." ;;• •:� •• n ,'t- yam.t' .� r !h., n ' �r •,. L5D f ► ,,11 1 ("' 1'I' , . ,, YUI.JI 1I x tiI Al FMEN111tlfl 1'1 • 11AS UEINSENI I lb Vflllfl MOAVOAOl CO r•1 �r r I J. ' 1 •AOraw•♦ TV PU l.a•V 1� a'11 Tt.t cr.1 1 or 1 ,f.' LAAPO 7�.r.l1 1�`r.>2 -•m,�- — =r Jl Roy. ti 1' 1.wNO (AGM. Uaa) 1 41(' „ r ,�tll rrrwOva••ar••• 'f1 :(I/I11 :t.)4�,► ' Y • .. •U AL •Ua TOTAL 1•01101111111 AO 1' OA *$COUNT NUMUE 1, J117��►'!__. Ir I1 Arrw, TOTAL 11�CR1•T NUM•R11 1 1 •••NT 10117 n •• I v ,1, T SCIl L gt nl•wa•ao Weir. 1 /I� 11115 I ,1'/� St -EMENT 1 14 f• 71 1►'!OLIG r'1 --- V Awa J . -moo,ry A tst 041v 2 R R ------- _-_—._ 1 OR V01.191RF rOA4S(d14LV mire Coos LOAN NUM•[11 I i 11 , I OCT1677.05 1 ( Rark•n It vn�fr�« ,t9 ('I,rpt�r,lr IuI, 706 R. iv) 7N NOV1617.OS 'Wylie. To-•nr 75001, F►h(' 1627,05 JAB 1627.05 .._ , '11 111.89 1740.94 , !.A r' 14 s,•4 ) 773. 4 L..._,..._.. , _y/ 6 11 TAXES BECOME OEUNOUENt FEB I _____ 1...c i / '... •I• ,. •••111D%ADD 1•.•Iw MP JU1r•nn -�- � ""-- T\ ADO r\rlR Mn r,r.w w 1114144416 \411) ' 1 II I 1 II . I! i , /i • z ) 41.-v(4-e ).-./.^ _.--- -• ;Ci /i, ___,,, i d / -",--- y i , . .,. , 7 -.- r, .- \V '' --.t ' '....7 •-•-.-(_- -. 1z11. 1 II / , , GL 2 . , 7? , i k--(---.1 ,--- i ! • ___.. .._;_- . , IV 4rt-4'. i . Ki i i • cf,ti /1JAt ,7147 iheiwz, 2-z7-- N./4d - -- 4e'Le. /t - i ,d_, „_, 6,,,,,,, 1,_1_7/7 el 10. 2,4: 5_, ----/, ee.--- -,,--L2 c ---e c-/ ,_ —2-ir , , 5 -4,7 -__e_, f' ‘ . OaL�� /- ,.,..z_i.Lt.",L,,, ,,, ,:r.:v s 7 _4/4-,/,-, - ci „2, , _// 5e-- -----i4------, - -zc--- `-` - - -- 7 .ciliz,,,(( e/iii64 t,-, 7L,_1----,--7k., __c„,„//_) _____ /, ,,,(_,. &&776-7- ---/f _,. ,,,._ , vi--7 _ i= ):.-6 / -14/ } 4-;-4. ' ‘ 11 4 Ai-&-(-‘ `e • - , _ _ „,x4c/ t),6,4, 611 -17‘fL- �%di; , - di, r e4., - L � 0 V a,a) L,--Lee 4,4J, l i . _ r A o G • CAUSE NO.dt1 -!Op S- CITY OF WYLIE ) IN THE DISTRICT COURT Plaintiff ) VS. , r1 ) (:>Z! SUDICIAL DISTRICT NORKEN INVESTMENTS CORP ) ) Defendant COLL/N COUNTY PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE COURT: The City of Wylie, a municipal corporation in Collin County, Texas, ("Plaintiff"), complain of the following Defendant: Norken investments Corp. upon whom service may be had by serving its President, Kenneth A. Ford, at: Kenneth A. Ford 1419 Wood Hollow Drive Wylie, Texas 75098 Plaintiff impleads the County of Collin, Texas, in rem only, upon whom no service is necessary at this time. 2. As to each property separately described in the attached Exhibit "A", which is incorporated by reference, there are delinquent taxes, penalties, interest and costs justly due and unpaid for the years and in the amounts listed. 3. Plaintiff is duly authorized to levy and co112ct ad valorem property taxes. The person or persons listed on Exhibit "A" were the owners of the property as described on January 1 of each year for which the taxes were imposed and the same persons or their successors or assigns owned thepersong or this suit. All of the describedlocatedproperty at the time of the filing of and in Dallas County on January 1 of each year.to Alll conditions thin the opr precedent have of l Plaintiff fulfilled. 4. Plaintiff asserts a superior lien as provided by law to secure the payment of all delinquent taxes, penalties, interest and costs. 5. The attorney whose name appears below is legally authorized to bring this suit on behalf of Plaintiff and is entitled to reasonable attorney's fees allowed by law for doing so. 6. Plaintiff further alleges that its taxes are levied and collected annually and that, before a judgment may be rendered ana.a sale held, other taxes may become due. In case any additional taxes, pgnalties?. interest and costs become due, Plaintiff is entitled to include such amoiied i t}»s s'urt without further amendment and, should Lv.a S;_f- PLAINTIFF'S ORIGINAL P Page � V Crr- C\' ' • they become due after judgment is rendered, the properties may be sold subject to any amounts not included in the judgment. WHEREFORE, Plaintiff requests that the parties take notice of the filing of this suit and that on final hearing Plaintiffs have judgment against all Defendant for all taxes, ?enalties, interest, costs and attorney's fees as provided by law that are or may become due on the described property; that Plaintiff's lien on the described property be judicially determined and foreclosed; and that Plaintiff be entitled to an order of sale and such other processes and relief to which it may be entitled. Respectfully submitted, S.ALLINGER, NICHOLS, JACKSON, KIRK & DILLARD • By: )-/ David M. Berman Texas Bar Card No. 02206990 M. Lewis Kinard Texas Bar Card No. 11428420 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214) 954-3101 ATTORNEYS FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION - Page 2 t • _ t EXHIBIT "A' • - _ Property Description: ADM/ABS OAK RETAIL - REP BLK/SHT B LOT/TR 4 COLLIN COUNTY, TEXAS CAD #: 146700200401 CITY OF WYLIE DELINQUENT TAX STATEMENT YEARS TAX AMT P 3 I ATT FEE TOTAL 1984 343.05 185.25 79.25 $607.55 1985 1729.95 726.58 368.48 $28.,5.01 TOTAL: $3432.56 Penalty, Interest and Collection Cost valid for July 1988 only. Court Costs are now due in addition to the Taxes, Penalty, Interest and Attorney's Fees. Please contact Sallinger, Nichols, Jackson, Kirk & Dillard for current amount due. f: • • • /I �� Attorney r pu_t I- tx • • ' Dsvird,'M. Berman /OI1M 311 CITATION TAX SUIT 1800 Lincoln Plaza Tile STATE OF TEXAS: TO: NOrken Investments Corp. 500 AMAktsrd Dallas,upon idiom service may be had by serving its President. T 75201 Kenneth A. Ford est/mos:1419 Wood Hollows Drive, Wylie, Telots75098 CITATION TOO have been sued.You may employ an attorney.If you or your attorney do not file a written_ spsw,n{ with the 0.4 w hewed this citation before the No 11 1 Court, 2]. l Judicial District,l.0 •11 Cowhounty, Twee,el Oho Courthouse of said Countyin t • on or before 10 o'clock a.m.of the Monday neat alter the •spiraWen el twenty t�days ltfrom p�the date of Service of this citation,a default Iudgment may be taken against you in �7 1AA�� Cavite No. 4 ...199a i on the docket of said Court In which _DY�_of__ ttlie No.,Yf� F.�Yr-W ere ►Isir►IW • Canty of cot fit, . are Misr ener ere impieaded Party Defendant and Norkenv Inveatmenta Corp are Defendant, City of Wylie • Med hi Meld CODA on the _lath_ day of July 19 _811., and the nature of which demand Is a suit to collect ad valorem taxes on the following described property, to wit: �.. f Plaintiff's Original Petition v' sleet attached ,�-- r The amount of taxes due each plaintiff, exclusive of Interest, penalties and costs, is as follows: • W attt CO y Of P1A{N-jf'g origuma_pauticcis Nork+elt s Tn"ps°nla'ra Corp. S ISSUED ► The names el aM haing units which assess and collect taxes on said property not made party to this suit are: th %V I7 • This 20th day of .-, 19811%. ••+i i PtofnWI end all other taxing units who may set up their lax claims herein seek recovery of delinquent ad valorem HAI1NAH K NKLE texas en the property heretnabove described,and In addition to the texas all Interest, penalties,and costs allowed43 by tea thereon up to end Including the day of Judgmen$ herein, and the establishment and foreclosure of liens Clerk, Dl C , 1XIBy viewing the payment of same, as provided by law. Collins Courtlunt y, Texaexass. Al pestles to this suit Including plaintiff, defendants, Intervenors, shall take notice that claims not only for any taxes which are delinquent on said property at the lime this suit was filed,but all faxes becoming delinquent thereon �'' • ti any lime Mtereafler up to the day of judgment.Including aN Interest penalties,and costs allowed by law thereon, e '/9 r�„• Deputy et may upon request therefor,be recovered herein without further Citation or Notice to any parties herein and all said ponies herein,and ell said parties shall take notice of and plead and answer to all claims and pleadings now on lite and witch may hereafter be filed in this cause by all other parties hereto,and by all those taxing units above named. who mey InNrvene herein and set up their respective lax claims against said property. If Oils Maven to not served within 90 days after the dale of its issuance, It shall be returned unserved. The Piggy esetuling this return shall promptly serve the same according to the requirements of law and the mandates Awed and make due return es the law directs, McKinney Issued end given under my hand and seal of said Court at i, •, Texas, this 20th day of -may A.D. 19 _88 Atty. lot JIANNAH KUNK rr�� Clerk el the Wbiel Courts oP'o1lieouny, Texas • Q.Ct U Deputy s I .. • . • 0• • • RETURN • Cana, Eo and on fieay �.: a ' EXeCutedat' • _air » �.,,�. at_ d'� � . - � within the County of = -. at _,___ o'clock _ 1N. on the ` day of . 19 by delivering to the within named each, in person. a true copy of this Citation together with the accompanying copy of this petition. havingfirst on same the date of delivery. indorsed The distance traveled by me in serving such process wa fees are as follows: To certify which witness my hand. miles and my For serving Citation ' $ • • For mileage S --'O County, For Notary S By Total Fees Deputy. S - - (Must be verified if served outside the State of Texas.)• Signed and sworn to by the said efore me this day of to certify which wi ss my hand a d seal of office. a Notary public, • • - • • • • • • Lcg) 0 • . � ill 7 Southwest land Title Co_ I-2 (B) PURCHASER'S STATEMENT DATE: ,May 1, L984 GF NO.: G-216995 SALE FROM: 5/0,.•c_4- ^O: 4/611 r',.r _Z/si`��trE.✓4S PROPERTY Lot +, 3lock 2, Oaks Retail, Wylie, Collin County, Texas I PURCHASE PRICE S PLUS: CHARGES oy o • Filing fees to Co.auv Cleric: r D ,j DT l f D U... . Other S /4 .so : _„- Loan charges and fees due •o • ntf- -wilt P ee fort Phct Js Amort. A r fir. Sr6ted. S Loan transfer lee or assur,ct:cn fee S Fees to SOUTHWEST LAND TITLE :o Titre Pour;: Owner ,1crtgagee Binder Sp.to Escrow ,?S,45 j Restrictions Copies S S S DO `,.._ ..A Tax S:ate C t-. i $ Certificates: Sc. County Schooi C:':er Survey fee to S Attome-'s fe s for preparation of papers to $ /2S.64 �/Q //eye C D $ S . O O F: urance premium :o S Hazard insurance premium S Tax and insurance escrov.ed with S mos. tax deposit _ per mo. mos. hazard Insurance per mo. nos. :rood insurance : per mo. . - mos. mortgage insurance y per trio. S - -?- Interes: from to S S Proration of hazard insurance from to S Proration of flood insurance from to S Maintenance charge prorat:on from to $ '6i Tax proration from to S S - Escrowed accounts with ':ender purchased from Seller S S TOTAL CHARGES S -7 S1, lib - GROSS AMOUNT DUE BY PURCHASER S 65.2S/.Oa LESS: CREDITS Down payment or earnest money paid to S Loan from 4 &i.r a-✓ .Z, L4Ams#4,ts 149, 0,✓/J sS ZS GOO. Qa • Note assumed $ Interest proration from to S / Tax pr ration from r0 Se �,s-/LD ta7;.L. -or91s�t �, Rent proration from to S Other Credit S S TOTAL CREDITS S O%.)'\ .r' BALANCE DUE BY/ PURCHASER S 14O 2 Sl-DO Purchaser understands the Closing or Escrow Agent has assembled this information representing the trans- . action from the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this Statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others ur estimates for current year, and in the event of any change for current year, all neces- sary adjustments must be made between Purchaser and Seller direct. The undersigned hereby ..uthorizes SOUTHWEST LAND TITLE CO. to make expenditures and disbursements as shown above and approves same :,,r -eayment. The undersigned also acknowledges receipt of Loan Funds, if ..l.i.licable, in the amount shown above and a receipt of a copy of this Statement. A NORKEN TS CORPORATION s BYil V , SIDIIaT 5CLOSING OR ESCROW AGENT ADDRESS Viel; TEXAS 2CC0 HVVY '8 N ?0 BCX 428 AN LE TEXAS -5098 ADDRESS CORRECTION REQUESTED Y/ NOR>KEM INVESTMENTS CORP 1014 W GARLAND GARLAND TX 0030 75040 RE, AP die CITY OF WYLIE 2001 HWY 78 N—P O.BOX 428 WYLIE,TEXAS 75098 To: John W. Akin, Acting City Manager From: James Johnson, Finance Director (W Re: Discussion of Delinquent Accounts Receivable and Possible Contract With Outside Collection Agency Date: December 8, 1988 The following is a breakdown of the delinquent tax accounts (roll) by year from 1982-1987. A complete print-out of the delinquent tax roll by property owner and address, account #, description of property, assessment and taxes due. Remember the tax rate and valuation (assessment) may differ from year to year, i.e. 1987-$50,000 at the .50 tax rate, 1986- $52,100 valuation at the .49 tax rate and so forth. (as of 12/01/88) 1987 $131,710.01 1986 $42,211.56 1985 $8,759.69 1984 $3,388.50 1983 $2,810.80 1982 $402.06 82-87 $189,282.62 Also in your hand-outs is an update on the litigation by the City's tax attorneys. Most of the cases filed have or in the process of being resolved-although another twenty-five (25) cases are scheduled to be filed on/about the 15th of the month (December) . Additionally, there is an update on the City's bankruptcy cases. The City has $6,132.09 of previous street assessments currently outstanding. Of the twenty owners/persons responsible on this list, only two are making payments to the City. Most of these accounts stopped making payments to the City some time ago. In the matter of outstanding warrants from the City's Municipal Court, there are a total of 624 outstanding warrants from the fiscal years (Oct 1-Sept 30) 1986-88 and the total due the City is $62,070, of that amount, $10,237.50 is due the State of Texas for their share and $51,832.50 (fines and warrant fees) is due the City. For the years 1981-85, there remains 122 outstanding warrants totalling $6717.50 due, of that about 16% is due the State of Texas, the remainder the City. Total outstanding collectables from warrant cases- $68,787.50 (all of this is probably is not collectable-but a good share of it is, I believe) . 41110 e CITY OF WYLIE 2001 HWY 78 N—P.O.BOX 428 WYLIE,TEXAS 75098 Page 2 Memo to John W. Akin, Acting City Manager-Delinquent Accounts Judge Lemley has suggested that we might consider setting aside several days on a week-end, including Friday night, and he would stand-by at City Hall to arraign any persons arrested when the warrants are served, if funds are not immediately collected. By making a concentrated effort, Judge Lemley believes that headway could be made. Furthermore, Judge Lemley stated that he would not recommend that the $25.00 warrant fee (assessed for each warrant) not be given to the serving officer but that the regular hourly wage be paid. City Attorney Dillard agreed stating that it was illegal to offer a fee or "bounty" for the warrants served since the warrant comes from the court. Rob also suggested that the City do a press release about the round-up when the City concentrates and do so just immediately prior to the warrant servicing. City Attorney Dillard also stated that only the hourly wage or time and a half be paid for the warrant service, failure for an officer to do so would constitute insubordination once an order was given to do warrant service. Mr. Dillard also suggested that the Council might want to establish a warrant officer position and there could be a different rate of pay-depending on what the Council wants or assign a current officer to be warrant officer. Moreover, there remains approximately $46, 916.76 in ambulance billings (out- standing receivables) from the City's foray into the ambulance business. Some of this is Medicare and Medicaid and is probably not totally collectable; other accounts are for services rendered to persons/individuals now in places unknown and this may hold down the collection rate. Every person on the ambulance billings list has been mailed at least two statements from the City, the most recent being in August or September of this year. Street assessments receivables were also sent statements in August. Tax accounts were referred to our tax attorneys. The warrants have been worked as manpower permits and catch can. In the Utility Fund, we show approximately $13,531 in bad debt expense for the fiscal year 1987-88 (ending September 30, 1988) . This amount is after any deposit has been taken and a subsequent final billing sent to the forwarding address, if known. There are some current accounts that are delinquent and they are worked when possible. In this case, having the person responsible for the bill driver's license, social security # and other data taken in the application process could be used by a collection agency. If an agency was hired, accounts could be worked much, much more thoroughly and sooner. However, in the past, the Council has discussed this issue, about this time last year this issue was discussed and the Council decided not to contract with a collection agency to assist the City in collection of its accounts. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING INHABITANTS BY ALL THE ACTS, ORDINANCES AND REGULATIONS OF SAID CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, after development and presentation of a service plan for said territory and after holding public hearings required under the provisions of Chapter 43 of the Local Government Code of the State of Texas; and, WHEREAS, the following described territory is land adjoining the present City limits of the City of Wylie, and the members of the City Council of the City of Wylie have concluded that said area should be annexed and made a part of the City of Wylie, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed to the City of Wylie, Texas, and the boundary limits of the City of Wylie be, and the same are hereby, extended to include the following described territory within the City limits, and the same hereafter shall be included within the territorial limits of said City, and the inhabitants thereof hereafter shall be entitled to all rights and privileges of other citizens of the City and shall be bound by all the acts, ordinances and regulations of said City. That the territory annexed hereby is more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That it is not the intention of the City of Wylie to annex any territory not legally subject to being annexed by said City, and should a:ag portion of the territory not be subject to legal annexation of the City of Wylie, such fact will not prevent the City from annexing said territory which is described in Exhibit "A" and is subject to legal annexation, it being the intention of the City of Wylie to annex only such territory as may be legally annexed by it within the limits of such area. SECTION 3. That the approved Service Plan is attached hereto as Exhibit "B" and is approved as a part hereof. SECTION 4. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1988. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY E�/1z8j FRANCISCO DE LA PINA SURVEY, ABSTRACT 688 , TRACTS 53, 54 , 58 , 58-9, 63 AND 67 (9 . 1010 Acres - Kathy Hummel, 15.6400 Acres Nolan Eubanks, and 14 . 9200 - Archie Eubanks) All that certain lot, tract or parcel of land out of the Francisco De La Pina Survey, Abstract 688 described as follows : FIRST TRACT: Situated in the County of Collin and State of Texas, a part of the Francisco de la Pina Survey, Patent No. 465 , volume 4 , about 2 miles North 65 degrees East from the Town of Wylie and described as follows : Being lot number seven (7) of the First Numbers and being the land set out to G. W. Housewright out of the E. A. Housewright , deceased Estate and being the indentical tract conveyed by W. M. Groves and wife, S. B. Groves to Ernest Housewright by deed dated November 1 , 1937 and recorded in Volume 316 , page 284 , Deed Records , Collin County, Texas , to which reference is here now made; and Beginning at the northwest corner of said tract in middle of public road ; Thence East with fence 1582 feet to large post for corner; Thence South 1143 1/2 feet to stake for corner; Thence West 1588 feet to corner in fence line on west side of road (this last corner is 1146 feet South and 6 feet West from the beginning corner) ; Thence South 1/2 degree West with fence and West side of road 509 feet to corner of fence; Thence South 87 1/4 degrees West with fence 287 1/2 feet to corner of fence in branch; Thence up said branch as follows : North 9 deg . East 198 feet; North 15 1/2 degrees East 103 feet; North 1 degree West 210 feet; North 27 1/4 degrees East 442 feet; North 9 degrees East 85 feet; North 37 3/4 degrees East 46 1/2 feet to corner in middle of public road ; Thence North with middle of said road 651 feet to the fplace of beginning , and containing 45 . 75 acrs of land , of which 41 .60 acres are on the east side of road and 4 .15 acres are on the west side of said road . Being the same and identical tract of land surveyed and measured by John S. Mason, State Licensed Surveyor of Rockwall County, Texas on the 30th day of September 1938 and conveyed by Ernest Housewright and wife to H R Winn by deed dated July 7 , 1944 and recorded in Volume 346 , page 268, Deed Records, Collin County Texas. SECOND TRACT: Situated in Collin County, Texas, in the Francisco de la Pina Survey , Abstract No. 688 and beig out of the Southwest corner of 41 .88 Acres described in a deed from Sallie Walters and husband, G. C. Walters to H R Winn, dated July 7 , 1944 and recorded in Volume 346 , page 261 , Deed Records , Collin County, Texas : Beginning at the Southwest corner of said 41 .88 Acres in center of asphalt highway and in middle of concrete culvert under said highway; -) Thence in a Northeasterly direction with center of branch as follows : North 15 1/2 degrees East 192 .06 Feet; North 7 3/4 degrees East 109. 56 feet a stake at fence corner in branch; Thence North 87 degrees East 287 . 76 feet to stake in west edge of dirt road , at most westerly northwest corner of said 41 .88 acres; Thence South 623 .04 feet to stake in south line of said 41 .88 Acres; Thence West 393 . 36 feet to the place of beginning , containing 4 .60 acres of land; being described in volume 353 , page 315 in the Deed of Records, Collin County , Texas. FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 , TRACTS 92, 93 , AND 93-9 (Ladylike Shop (storage binds and barn and land) ) A part of the Francisco de la Pina Survey of land, Pat . No . 465, Volume 4 , Abstract No. 688 , and described by metes and bounds as follows : Beginning at a stake in a branch in the North line of a 700 acre tract sold out of same survey to John Serbourn; Thence up said branch with a meanders to a stake in said branch in the East line of an 80 acre tract sold to Wm. Housewright, from which Bois d' Acr 24 inches in diameter marked X bears South 5 1/2 degrees West 283 feet; Thence North with said line 1032.90 feet a stake the Southeast corner of Bill Bennett ' s land; Thence West with said Bill Bennett' s South line 1324 .62 feet , a stake; Thence South 1/2 degrees East 1980 feet North to a stake in the North line of said 700 acres; Thence East to the place of beginning and containg 28 .39 acres of land less land sold to the G.C. & S. F. Railroad, as recorded in Volume 646 , page 631 & 632 of Deed of Records, Collin County, Texas . r FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 , TRACTS 77 AND 81 (60 . 40 Acres - A. D. Boyd and 1 .235 Texas Power and Light) Being a part of the F. De La Pina Survey of 3454 acres, Abstract No. 688 , and Beginning at a stake in branch the same being the S.W.C. of Lot No. 8 set apart to Marvin Housewright in the partition of the estate of E. A. Housewright, deceased , in Cause No. 6517 , G. W. Housewright VS Lydia Housewright , et al , in the District Court of Collin County, Texas, as shown by Report of Commissioners of partition, recorded in Vol . S, page 175 , etc . District Court Minutes of Collin County, Texas; Thence in a Northwesterly direction wiht the meanderings of said branch 1430 feet to a stake in the S. Boundary line of the right of way of the G. C. & S. F. RR; Thence in a Northeasterly direction with the right of way of the G. C. & S. F . RR 2408 feet to a stake in the East Boundary line of ifot 5 , set apart in said partition hereinabove referred to Sylvester Housewright; Thence South with the East Boundary Line of said Lot No. 5 to where the same intersects Crumes Branch as stake; Thence in a Southwesterly direction with said branch to the S. E. corner of Lot No. 5; Thence West with the South lines of said Lots #5 and 6; 981 feet to the place of beginning containing 76 .03 acres of land, consisting of all of Lot #5 in said partition set apart to Sylvester Housewright , less 14 . 15 acres out of said Lot No. 5 conveyed by Sylvester Housewright and wife to marvin Housewright on the 1st day of April , 1913 , and that portion of Lot No. 6 , conveyed by Marvin Housewright to Sylvester Housewright on the 1st day of April , 1913, by deed recorded in Vol . 179, page 332, Deed Records of Collin County, Texas, and the land herein conveyed being all of said Lots 5 and 6 lying South of the GC & SF RR Right-of- way, and being 76 .03 acres of land described in a Deed of Trust from S. Housewright, et ux , to Land BankCommissioner dated June 11 , 1934 , and recorded in Vol . 91 , page 407 of the Trust Deed Records of Collin County , Texas, Less 2 . 17 acres of land acquired by the USA as Tract B-161 in Judgement on Amendment to Declaration ofTaking dated January 17, 1952 , a certified copy of which is recorded in Vol . 444 , page 356 of the Collin County Deed Records . And Less and subject to Right of Way Deed to 7 .335 acres of land to the State of Texas from Sylvester Housewright to the State of Texas dated June 9, 1950, and recorded in Vol . 418 , page 433 of the Collin County Deed Records; and being 66 . 525 acres of land more or less. SAVE AND EXCEPT 1 . Acre - Hometown Furniture, 1. 93 Acres - Wylie Glass and 1 . 193 Acres Alpha Omega Floors leaves a net of 62 .402 Acres. 69 R. D. NEWMAN SURVEY, ABSTRACT 660 , TRACT 7 (10 .85 acres - Perry Easterling) and TRACT 8 (10.85 acres - Nelsyn W. Mitchell) All that certain tract of land situated in Collin County , Texas being a called 86 .806 acres out of the Richard D. Newman Survey, Abstract No. 660, and these acres being divided into six tracts, two tracts described as follows: Beginning at the NW corner of tract no. 3 ; Thence N 87 deg. 37 min W along North line of Newman Survey and center line of abandoned road a distance of 355 .24 feet to corner; Thence South a distance of 1335 .13 feet to corner in the south line of 87 .42 acre tract; Thence S 88 deg . 45 min E along Southline of 87 .42 acre tract a distance of 355 .01 feet to corner; Thence North a distance of 1328 . 10 feet to corner , the place of beginning and containing 10 .85 acres of land . Beginning at the NW corner of Tract No. 4 (new Tract 7 ) ; Thence N. 87 deg 37 min . W along North line of Newman Survey and center line of abandoned road a distance of 353 .37 feet to corner; Thence South a distance of 1342 .18 feet to corner in the south line of 87 .42 acre tract; Thence S 88 deg. 45 min E along south line of 87 .42 acre tract a distance of 353 .15 feet to corner ; Thence North a distance of 1335 . 13 feet to corner , the place of beginning and containing 10 .85 acres of land. As being described in Volume 1056 Page 542 & 543 , Deed of Records, Collin County, Texas. D;D_..._ �I. NEWMAN SURVEY, ABSTR: CT 660 , TRACT 36 (4 . 95 ac--s - inyar`�3c `an °"ii-Tre-= ° .-, i-e an Minyard) All th- certain lot, tract or parcel of land •'-'S"crabed as follows Situat0--iff ollin County, Texas, and be ' D. wman Su -y, and bei g part of the R. to g out of 7 .70 acre tract • .nve y e Knight : s recorded vol . 18 , Page 226 4 .,- te_M nut .s-" -Call-fm- -County,— ''-xas and being more particularly descri . as fellows : .., Beginning at the most \orther corner of a 0. 4 acre tract, said point being \ il t e Southeast R.O.W.Highway 78; f State _.��._�..._------ Thence North 5a-•—g.-45 n. ast with the Southeast R.O.W. of State hway, 707. • - f¢et t: an iron stake for corner; \ The a South 22 de! . 47 mi` . East `r th old fence line 578 .80 fe t to iron sta - set_ at- k2ois d' arc post; ID Thenc orth 88 de g 41 min. West w� h o'l established fence, 630 6 feet to i on stake set at ase ,f large tree for corn - ; The " e North 64 deg. 15 min W with new en'.. N• hest _ 1 iJ _ QL$a id 0 164 acres, line and �' - = 15 3 f e= to Place • beginning and contains -§ :,9t res of land. H. L. DOUGLAS SURVEY, ABSTRACT 292 , TRACTS 1, 1-9 AND 6 (6 . 324 acres - Peter L. Micklace) Situated in Collin County , Texas in the Henry L. Douglas Survey , Abstract No. 292 and being a resurvey of a called 3.6 Acre tract of land described in a deed from Delaney Development Corporation to Gary K . Goll , et ux , as recorded in Volume 1184 , ?age 893 , and being more particularly described as follows : Tracts 1 & 1-9: Beginning at an iron rod set at a fence corner post at the Southeast corner of the said called 3 .6 acre tract, said point being in the South line of a called 27 .644 acre tract ; Thence N 88 degs, 34 min, 00 sec. W 733 . 92 feet along an established fence on the South line of the said called 3 . 6 acre tract and the said 27 .644 acre tract to an iron rod found at the Southwest corner thereof ; Thence N 01 deg. 44 min 01 sec. E, 213 .08 feet along the west line of the said called 3 . 6 acre tract to an iron rod set at the Northwest corner thereof ; Thence S 88 deg . 34 min. 00 sec. E, 733 .92 feet along North line of the said called 3 .6 acre tract to an iron rod found at the Northeast corner thereof ; Thence S 01 deg . 44 min 01 sec W, 213 .08 feet along the east line of the said called 3 .6 acre tract to the place of beginning and containing 3 .5900 acres of land together with an easement for ingress and egress that is more particularly described as follows : Beginning at the Northeast corner of the above described 3 . 6 acre tract; Thence N 88 deg 34 min W 30 .0 feet to a point for corner; Thence N 1 deg 47 min. 42 sec. E, 145 . 48 feet to a point for corner; Thence N. 16 deg 06 min E, 126. 3 feet to a point for corner Thence N 1 deg. 46 min E, 232 .62 feet to a point for corner ; Thence S 88 degs 34 min E, 30 .0 feet to a point for corner in the center of a 30 ft . wide lane; "Thence S 1 deg 46 min W, 232 .62 feet to a point for corner; Thence S 16 deg 06 min W 126 .3 feet to a point for corner ; Thence S 1 deg 47 min 42 sec W, 145 .48 feet to the place of beginning, as described in Volume 1996 , page 217 of the Deed of Records, Collin County, Texas. Tract 6 Situated in Collin County, Texas, in the Henry L. Douglas Survey , Abstract No. 292 , and being a part of a called 4 .52 Acre tract out of a 27 .644 acre tract described in a deed from J .D. Houston, to W. W. Housewright as recorded in Volume 773 , Page 291 of the Collin County Deed Records said part being more particularly described as follows : Beginning at an iron rod set at the Southwest corner of the said called 4 .52 Acre tract in the West line of the said 27.644 acre tract, said point bears N 1 deg. 44 min. 01 sec. B, 213.08 feet form the Southwest corner thereof; Thence N 01 deg . 44 min. 01 sec. B, 163.91 feet along the West line of the said 27 .644 acre tract to an iron rod set therein; Thence S 88 deg . 34 min. el sec. E. , 736.46 feet to an iron rod set in the East line of the said called 4.52 acre tract : Thence S •9 deg. •9 min. Of sec, W, 18 .49 feet along the East line of the said called 4 .52 acre tract to an iron rod found therein; Thence S 01 deg. 47 min. 42 sec. W. , 145.48 feet along the East line of the said called 4 .52 acre tract to an iron rod found at the Southeast corner thereof ; Thence N 88 deg. 34 min. W. , 733 . 92 feet along the South line of the said called 4 . 52 acre tract to the place of beginning and containing 2 . 7624 Acres of land, as being described in Volume 1996 , page 204 of the Deed of Records, Collin County, Texas . R. L. DOUGLAS SVRviy, ABSTRACT 292, TRACT 7 (Timothy Tye) al that certain lot, tract or parcel Douglas Abe of land STIWED in AlinComity, -- , SAY tract #292, and being a p� 27.644a tractof the recorded L. in Volume 773, Page 291, and being more as as follows: $pG�G at a I/2 iron bounds Lane whence the Southeast/ Dower rod Located in the center of a 30 foot distance of 413.59 feet and of said 27.644 acre bears South 89.58' Eastpublic South I.0o West a di South 1'00' West a distance of 738. East a North 1'00' stance of 368.62 feet to a l�2 iron sod r feet; West a distance of 358.79 feet a •North 1.00• �• ��"E Fist a distance of 359.85 feet to as / a ° :located in the center of said 30 foot iron rod for a _ the center of said 30 foot Public Iatnec �' E c � 89'S8' East with BEGIWING AND CCNK G 3.0 acres of �a distanae of 358.83 feet to the pq, H. L. DOUGLAS SURVEY, ABSTRACT 292 , TRACT 8 (Marvin Blak ey) BEGINNING at a 1/2 inch iron rod located in the center of a 30 ft. public lane from whence the Southeast corner of said 27.644 acre tract bears South 89 deg. 58 min. East a distance of 200 feet and South 1 deg. West a distance of 738.20 feet; THENCE South 1 deg. West a distance of 373.84 feet to a 1/2 inch iron rod for corner; THENCE North 88 deg. 34 min. West a distance of 213.56 feet to a 1/2 inch iron rod for corner; THENCE North 1 deg. 00 min. East with the East line of a 3.00 acre tract a distance of 368.62 feet to a 1/2 inch iron rod for corner being located in center of a 30 ft. public lane; THENCE South 89 deg. 58 min. East with the center of said public lane a distance of 213.59 feet to the PLACE OF BEGINNING and containing 1.82 acres of land. And also being a part of a 6.82 acres described as Tract No. 4 in Warranty • Deed to Delaney Development Corporation. recorded in Volume 1148. Page 625, Deed Records, Collin County, Texas. H. L. DOUGLAS SURVEY, ABSTRACT 292, TRACT 9 (Sammy Sharp) SITUATED in Collin County, Texas out of the HENRY L. DOUGLAS SURVEY, . ABSTRACT #292 and being a part of a 27.644 acre tract as recorded in Volume 773, Page 291 and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod located in the center of a 30 foot public lane from whence the Southeast corner of said 27.644 acre tract bears South 89. 'degrees 58 min.. East a distance of 772.42 feet and South 1 degree West a distance of 738. 20 feet: THENCE South 1 deg. West a distance of 359. 85 feet to a 1/2 inch rod for corner; THENCE North 88 deg 34' West a distance of 252. 34 feet to a 1/2 inch iron rod for corner, said corner being located in the East line of a 30 foot road easement; THENCE North 9 deg. - 9 ' East a distance of 122. 66 feet to a 1/2 inch iron rod for corner, said corner being located in the center of said 30 foot road easement; THENCE North 1 deg. 44' East with the center of said 30 foot road easement a distance of 232. 62 feet to a 1/2 inch iron rod for corner, said corner being located in the center of a 30 foot public lane* THENCE South 89 deg. 58' East with the center of said public lane a distance of 231. 96 feet to the PLACE OF BEGINNING AND CONTAINING 2.0 acres of land. H. L. DOUGLAS SURVEY, ABSTRACT 292 , TRACT 3 (Foster Justus) AND TRACT 19 (lames Blakey) BEING a tract out of the HENRY L. DOUGLAS SURVEY, ABSTRACT 110. 292 sad the WILLIUI SUTTON SURVEY ABSTRACT N0. 860,. and being pert of a 27.644 acre tract conveyed to W. W. Housewright in deed recorded in Volume 773, Page 291 and Seing all of a 0.689 acre tract conveyed to W. W. HousewrigM in deed recorded in Volume 836, Page 623, and being sore particularly des- cribed as follows: BEGINNING at an iron stake on the West line of Old Highway No. 78, located North 01 deg. 00 min. East 359.47 feet from the Southeast corner of said 27.644 acre tract; THENCE North 88 deg. 34 min. West, parallel to the South line of said 27.644 acre tract, 200.00 feet to an iron stake for corner; • THENCE North 01 deg. 00 min. East parallel to the West line of Old Highway No. 78, 373.84 feet to an iron stake on the center of a 30 foot wide land, for corner; THENCE South 89 deg. 58 min. East, with the center of said lane, 200.00 feet to an iron stake on the West line of said Old Highway No. 78, for corner; THENCE South 01 deg. 00 min. West, with said West line, 378.73 feet to the Place of Beeinninp, and containing 1.72 acre of land. H. L. DOUGLAS SURVEY, ABSTRACT NO. 292, TRACT 5 (Melvin Delaney) All that tract of land situated in Collin County, being a part of a 27. 644 acre tract out of the HenrSurvey, y Texas, Abstract No. 292 and the William Sutton Survey, AbstL. ract No. 980, conveyed to W.W. y, Abstract . ranty deed duly recorded ino Volume g773, Pht by agen291 Houston Records of Collin Count by war- follows: Y. Texas, and more fully described as BEGINNING at the NW corner of the said 27. 644 acre tract in the center of a 30 ' wide lane, the same being corner of the Henry � � ry L. Douglas Survey; the Northwest THENCE South 1° 46' West along acre tract a distance of 150.00 ' o coe West line of the 27.644 orne ' THENCE South 89° 58 ' East a distancerof 700.00 THENCE North 1° 46 ' East a distance of 150.00 ' ' oo oonnrr; the North line of the 27.644 acre tract in in Henry L. Douglas Survey; the of theTHENCE North 89° of Westalong the North line of the 27.644 acre tract and North line of 700. 00 ' to the place of beginning HenryL' Douglas Survey a distance 2.4094 acres of land . and containing a total of H. L. DOUGLAS 3URVET. ABSTRACT S0. 292 TRACT 1S (Bennie Blakey) NE1NC located on Old No. 78, Sachse-W3+s load d is Collin Canty. Texas, and being a tract out�of HENRY L.DOCC AS SURVEY, ABSTRACT ND. 294 and being out of a 27.644 acre tract and being a part of a 4.0 acre tract and a 4.50 acre tract out of said 27.644 acre tract conveyed to 0. V. Justus by Warranty Deed recorded in Vol. 1148, Page 632, Deed Records, Collin County, Texas, and being more particularly described as follows: • COMMENCEgG at an iron stake located in the West R.O.W. of said Old Highway No. 78, at the Southeast corner of said 27.644 acre tract and at the Southeast corner of said 4.0 acre tract said point being located in the William Sutton Survey, Abstract No. 980; thence North 01 deg. 00 min. East withthe R.O.W. of said Old Highway No. 78. 188.25 feet to iron stake and Place of Beginnim: • THENCE North 88 deg. 34 min. West parallel to the South line of said 27.644 acre tract and parallel to the North line of said 4.0 acre tract 268.00 feet to iron stake for corner; THENCE South 01 deg. 00 min. West parallel to Old No. 78, 188.25 feet to iron stake set for corner in fence line on the Sine of said 27.644 acre tract and an the South line of said 4.0 acre tract; THENCE North 88 deg. 34 min. West with fence and South line of said 27.644 acre tract and South line of 4.0 acre tract 762.00 feet to iron stake located for corner; THENCE North 01 deg. 46 min. East with fence and the West line of said 4.0 acre tract and 4.5 acre tract 359.47 feet to iron stake located for corner; ' THENCE South 88 deg. 34 min. East parallel to the South line of said 27.644 acre tract and with fence and the North line of said 4.5 acre tract, 1025.20 feet to iron stake located for corner in R.O.W. of Old Highway No. 78; THENCE South 01 deg. 00 min. West with the West R.O.W. of Old Highway No. 78, 171.22 feet to the Place of Beginning and containing 7.32 acres of land, more or less. E. C. DAVIDSON SURVEY, ABSTRACT 267 , TRACTS 8 AND 8-9 (40.62 acres - Virginia Foote and Catharine Frey) All that certain lot , tract or parcel of land, Situated in Collin County , Texas , about one mile S 25 deg. W from the Town of Wylie, It being a part of the E.C. Davidson Survey , Abst . No. 267 , and described by metes and bounds as follows : Beginning at a point in the middle of piked road from Wylie to Garland where it is intersected by a road leading West , being the NE corner of Geo. Rogers tract; (said point being the SE corner of said E. C. Davidson Survey) ; Thence North 1 deg E with middle of piked road, 1482 feet to corner in road , at Loy Neilon ' s SE corner; Thence West 1207 feet , with Neilon ' s S line, to a stake for corner on Smithwichs E line; Thence South, with Smithwichs line, 1482 feet to a stake in the middle of land and on the N line of the Geo. Rogers tract; Thence East , with lane, 1181 feet to the place of beginning , containing 40 5/8 acres of land . E. C. DAVIDSON SURVEY, ABSTRACT 267, TRACT 9 (Melvin St. John) BEING situated in the E. C. DAVIDSON SURVEY, ABSTRACT NO. 267, -- Collin County, ' Texas, and being a part of a 55 acre tract, and part also of a 10 & 1/S acre tract as described in Deed from B. N. Gayler, et ux, to L. M. Taylor et al, dated December 15, 1952, recorded in Volume 453, Page 331 of the Deed Records of Collin County, Texas described as follows: COMMENCING at a stake set as the West R. 0. W. of Old Highway No. 78, on the North line of Lottie Stone 40 & 5/8 acre tract as described in deed filed in Volume 281, Page 465 and being on the South line of Taylor 19. 5 acre tract as described in Volume 449, Page 465 of the Deed Records of Collin County, Texas; thence West with the North line of said Stone tract and the South line of said 19. 5 acre tract and being the South line of Westwind Meadows , an addition to the City of Wylie, Collin County, Texas, as filed at the County Clerk's Office of Collin County, Texas, 1186.80 feet to stake for corner, said point being the Southwest corner of said Westwind Meadows Addi- tion; thence South 0 deg. 40 min. East with the fence line and West line of Lottie Stone tract and East line of 55 acre tract, 961. 61 feet to stake and Place of Beginning; THENCE South 0 deg. 40 min. East with said East line of Lottie Stone tract 525. 00 feet to iron stake for corner, said point set in center of existing roadway; THENCE South 88 deg. 30 min. West with North line of H. L. Douglas Survey, Abstract No. 292 and the North line of R. D. Newman tract (Abstract 660) 854. 00 feet to iron stake for corner; THENCE North 0 deg. 90 min. West parallel with the East line of said 55 acre tract 525.00 feet to iron stake set for corner: THENCE North 88 deg. 30 min. East parallel with the South line of said 55 acre tract 854.00 feet to Place of Beginning and contain- ing 10.2 acres of land, more or less. AP, E. C. DAVIDSON SURVEY, ABSTRACT 267, TRACT 39 (14.40 Acres - McTvin St. John) Being a tract of land located near Wylie, Collin County Texas off Old Highway No. 78, and being out of thee. C. Davidson Survey, Abstract No . 267 , Collin County, Texas, and being a part of a 55 acre tract and part also of a 10 1/8 acre tract as described in Deed from B. N. Gayler et ux , to L. M. Taylor et al , dated December 15, 1952, recorded in Volum 463 , Page 331 of the Deed Records of Collin County, Texas, and also a 19 . 5 acre tract described in Deed from L. D. Pearce, to Barbara E. Taylor , dated April 1 , 1952, recorded in Volume 449, Page 465 of the Deed Records ofCollin County, Texas, and being more particularly described as follows : Commencing at a stake set in the west R.O.W. of Old Highway No. 78 , on the North line of Lottie Stone 40 5/8 acre tract as described in deed filed in Volume 281 , page 465 and being on the South line of said Taylor 10 . 5 acre tract ; Thence West with the North line of said Stone tract and the South line of said 19 .5 acre tract and being theSouth line of Westwind Medows , an addition to the City of Wylie, Collin County, Texas , as filed at the jCounty Clerks office of Collin County, Texas 1186 . 80 feet to Place of Beginning , said beginning point being the Southwest corner of said Westwind Meadows Addition: Thence North 0 degrees 39 minutes 09 seconds West with the west line of said Westwind Meadows 750 . 44 feet to stake for corner; Thence North 89 degrees 16 minutes West with the North line of said 19 . 5 acre tract and 10 1/8 acre tract 1028 .64 feet to stake for corner; Thence South 4 degrees 43 minutes West with fence line and West line of said 10 1/8 acre tract 414 . 79 feet to iron stake for corner; Thence South 89 degrees 34 minutes West with fence and North line of said 35 acre tract 227 .46 feet to take for corner; Thence South 0 degrees 39 minutes East with fence line and West line of said 55 acre tract 1173 . 26 feet to stake in fence for corner; Thence South 0 degrees 44 minutes East with fence and West line of said 55 acre tract 695 . 72 feet to iron stake set for corner; Thence North 88 degrees 30 minutes East with terrance and South line of said 55 acre tract 440 . 20 feet to iron stake for corner; Thence North 0 degrees 40 secondes West with West line of approximately 10 .2 acre tract as reserved by Melvin H. Delaney et ux, 525.00 feet to stake for corner; Thence North 88 degrees 30 minutes East with North line of said 10 .2 acre tract 854.00 feet to iron stake for corner; Thence North 0 degrees 40 minutes West with fence line and West line of Lottie Stone tract and East line of 55 acre tract, 961 .61 feet to Place of Beginning and containing 54.59 acres of land, more or less. SAVE AND EXCEPT Westwind Meadows II and Westwind Meadows III - 40.18 Acres leaves a net of 14 .41 Acres, as recorded in Volume 1515 page 4 Deed of Records in Collin County, Texas. /77 1 EXHIBIT "B" ANNEXATION SERVICE PLAN Within sixty (60) days after the effective date of the annexation of the area described herein, the City of Wylie will provide the following services to the extent they are applicable in such area, to wit: 1. Police protection; 2. Fire protection; 3. Solid waste collection; 4. Maintenance of water and wastewater facilities which become the responsibility of the City of Wylie; 5. Maintenance of public roads and streets, including public road and street lighting; 6. Maintenance of public parks, playgrounds, and swimming pools for which the City of Wylie becomes responsible by law; 7. Maintenance of any other publicly owned facility, building or service for which the City, as a matter of law, becomes responsible by virtue of such annexation; and 8. On the effective date of the annexation, all areas annexed by this ordinance shall become subject to all the codes and ordinances of the City of Wylie, including the Comprehensive Zoning Ordinance, the Uniform Building Code, and all other Codes relative to construction, electrical appurtenances, plumbing and mechanical appurtenances, nuisance ordinances, and so forth. Upon the effective date of the annexation, any residents of the property annexed by this ordinance shall be entitled to the use of all City facilities on an equal basis with any other resident of the City of Wylie. The City of Wylie provides potable water service to many residents within the City limits. In certain areas, the residents of the City may be served by previously existing water supply corporations or other retail suppliers of water. The City of Wylie operates its own sewage treatment facility and is currently in the process of expanding it. The City is divided into several large lift station districts to provide for the transport of sewage to the treatment plant. The property covered by this annexation } will be in one of the lift station districts. Whether or not sewer service is available to the property annexed by this ordinance may be determined by the residents contacting the Public Works Department of the City. To connect to either water or sewer service, when it is available, will require the payment of fees and costs associated with the provision of the service as well as impact fees and lift station fees as may be required by applicable ordinances at the time such service is requested. The City of Wylie does not currently have any plan to acquire or construct any capital improvements to provide such services in the area being annexed by this ordinance. Acquisition or construction of capital facilities may be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a private supplier as authorized or required by law. If, as and when funds become available through the sale of bonds or otherwise to provide such services to areas of the City which are similar to the area of annexation in terms of topography, land use, and population density, the area being annexed by this ordinance shall be considered for the extension of such services on an equal basis with current areas of the City. Upon completion of the public hearings, this Service Plan shall be attached to the annexation ordinance and approved as a part of that ordinance unless revised or amended during the public hearing process. Upon approval of the annexation and this Service Plan, it becomes a contractual obligation that is not subject to amendment or repeal unless the City Council determines at a public hearing that changed conditions or subsequent occurrences make the Service Plan unworkable or obsolete. This Service Plan shall be valid for ten (10) years from the effective date of this annexation, and its renewal shall be at the discretion of the City Council at the end of such term. l/frci y /L, e ie / Xi -75Ll / jr z-z/!i iC� r �w�� y e is C 773'-5/✓.t./ /d. dl- �.c�.. T�L C J 4 wrvv� Ario�/ L �urre..i lL ei '✓'� ' c:e rfrJ�-�c vev cLs,ot N rv,'c e_ rrc�, l-4f G_'-/ t �/t CGu s,l�e,) �cL EJr lh �^CSi:�Pit1c� r�� ,/L.� L r14 I J J/ AA/Ai eic0.7i_b'"1 bcy / a}, L! c //VCre se_ l y+. ( TF�rcN_ GZ 1r17. �t�a(C� + e5 �1 rC1,9-.5 a� /�^� r E?S�GfC'" �2-J- 71�s t =ljft / L u:.�l� reef. vL / r r Ce //eyerec.l( v j r /L'G %amay _✓/fL i � G✓i l/� /rje, ,cJ4i C.) eu''r dZ r . rrv % r /N/�rA Q 11. O ,r g Z. 6t L✓wzr I��G�%i� S , i' .f— s roar.-I L /S A.-5 VA-Ira t7 �z Gt-3 a_ . �" ��. c v �' / 1 dp, r7 KJiv e✓'S i/v //l,/-S G? cr. D G lJ ) G4 4i -177, g-0 ORDINANCE NO. BEING AN ORDINANCE OF THE CITY OF WYLIE A HOME RULE SUBDIVISION OF THE STATE OF TEXAS. AMENDING ORDINANCE 83-18 BY ADDING TO SECTION 6 PARAGRAPH 6. 02 SUB PARAGRAPH B A NEW NUMBER 4 PERMITTING THE COLLECTION OF PERIMETER STREET FEES ON NEW LOTS ON AN INDIVIDUAL BASIS. PROVIDING SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500. 00) FOR EACH OFFENSE, PROVIDING A PUBLICATION CLAUSE AND DECLARING AN EFFECTIVE DATE: WHEREAS: There are certain subdivisions in the City that were approved prior to the enactment of the perimeter street fee requirements and: WHEREAS: These areas are subject to additional subdivision thus being subject to the perimeter street fee requirements and: WHEREAS: The City Council realizes that in certain cases the collection of the full fee at the time of such subdivision would be financially prohibitive therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT SECTION 1. Ordinance 83-18 Section 6 Paragraph 6. 02 sub paragraph (B) is hereby amended by added thereto a number 4 to read as follows: 4. When the City Council determines after recommendation by the Planning & Zoning Commission, that the collection of the full perimeter street fee would create a prohibitive financial hardship, the amount due shall be collected as a condition of the Building Permit on each lot when that lot is improved by the addition of a structure. SECTION 2. REPEALING CLAUSE - That all ordinances of the city in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. SEVERABILITY CLAUSE - Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid, the same shall not affect the validity of this ordinance as whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. V SECTION 4. PENALTY - Any person firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred ($500. 00) for each day such violation shall continue to exist shall constitute a separate offense. SECTION 5. PUBLICATION CLAUSE - This ordinance shall take immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS DAY OF , 1988. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary RESOLUTION NO. 88-12-13-88-1 RESOLUTION FOR THE CITY OF WYLIE, TEXAS SUPPORTING THE LOCATION OF BROOKSHIRES WITHIN THE CITY OF WYLIE, TEXAS WHEREAS, the City Council has recognized for several months the desire of Brookshires to build in the City of Wylie, and; WHEREAS, the expectations of the Citizens of Wylie have risen each time there is a renewed effort on the part of Brookshires locating within the City of Wylie, and; WHEREAS, the City Council wishes to show their support and appreciation for the desire of Brookshires to locate in the City of Wylie, and; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, SECTION 1 The City Council strongly supports the Brookshires organization in their effort to locate in the City of Wylie and will make every effort to assist such location within the limits of their ability. SECTION 2 The City Council will recommend to the State Highway Department a left turn lane to serve the Brookshire Grocery Store, Martinez Property and Wylie Shopping Village. The Council also recognizes that the final approval of a turn lane will be made by the State Highway Department. SECTION 3 The City Council request the support and cooperation of the Wylie Community Hospital in helping and working with securing the new Brookshire' s location. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE ON THIS THE 13TH DAY OF DECEMBER, 1988. Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary RESOLUTION NO. 88-12-12-88-2 RESOLUTION FOR THE CITY OF WYLIE, TEXAS SUPPORTING THE DEADLINE TIMES AND DATES FOR AGENDA ITEMS AND AGENDA BACKUP INFORMATION FOR CITY COUNCIL, PLANNING AND ZONING, ZONING BOARD OF ADJUSTMENTS, LIBRARY BOARD AND PARK BOARD MEETINGS AND FOR AGENDA PREPARATION AND CONSENT AGENDA AND CITIZEN PARTICIPATION: WHEREAS, The City Council does agree that it is in the best interest of all concerned to establish guidelines for the preparation of an agenda for City Council and other Board meetings; and, WHEREAS, the City Council does agree that a consent agenda would expedite the business matters of the Council; and, WHEREAS, the City Council feels that citizens do have a right to be heard at Public Meetings and a procedure to insure this right should be established; and, WHEREAS, the Home Rule Charter does not provide a procedure for the agenda preparation or for Citizen Participation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 AGENDA PREPARATION 1. Regular Council meetings are held on the Second and Fourth Tuesdays of each month 2. Special Sessions are meetings called on dates other than the Second and Fourth Tuesdays of each month and shall be posted seventy-two (72 ) hours prior to the meeting time in accordance with the Texas Open Meetings Act . 3 . The deadline for the posting of a Regular City Council meeting to be held on a Tuesday evening shall be Friday before said meeting, at 5:00 P. M. The back up information for the Council and interested parties shall also be completed by this time. The deadline for posting of other board meetings shall be the Friday before the said meeting, at 5 :00 P.M. 4 . The deadline for placing an item on the agenda is the Wednesday before said meeting at 12 : 00 Noon. Items placed on the agenda must be of sufficient clarity to enable the general public to determine the nature of the issue for consideration and the type of action required . Compliance with the provisions of the Open Meetings Act is required in the preparation of the agenda . 84( SECTION 2 PROCEDURE FOR REMOVAL OF ITEMS FROM AGENDA 1 . A written request to the City Secretary signed by any four Council Members to remove an item from the agenda can prohibit the discussion and action on such item. The Council can exercise this power for two consecutive meetings. 2. The Mayor can verbally advise the City Secretary to remove an item from the agenda . He shall be able to exercise this power for one meeting. SECTION 3 CONSENT AGENDA Those items on the Council Agenda which are considered routine by the Mayor , City Manager and City Secretary, i . e. , grant deeds, grant of easements , request to seek bids , reports of administrative actions and proposals, leases, and agreements previously approved in principle, etc. , shall appear under the "Consent Agenda" . Unless the Mayor or a Council Member specifically requests that item(s) be removed therefrom and Council action taken separately on said item(s) , all items appearing under the "Consent Agenda" shall be approved, adopted, accepted, etc. by one motion of the Council and a roll call vote. Such action will appear in the Council minutes in their proper form. Those items specifically requested to be removed from the "Consent Agenda" and acted on separately shall be approved , adopted , accepted, etc. , by separate motions of the Council and separate roll call vote. SECTION 4 GENERAL CITIZENS PARTICIPATION 1 . During each Regular Session of the City Council , held on the Second and Fourth Tuesdays of each month, citizens wishing to inform the City Council of problems or concerns will be given the opportunity to do so under the heading of "Citizens Participation" . Items posted on the agenda, may not be discussed during "Citizen Participation" . 2. A sign up sheet will be provided for citizens to sign prior to the meeting. 3. Each speaker must stand, come to the front, identify himself , and limit his presentation to five minutes. 4 . The Mayor does have the responsibility and the right to rule a citizen out of order and ask that he relinquish the floor. 5 . The Council cannot take action on a subject brought up during "Citizen Participation" , but may direct staff to place the item on the next agenda for action or may refer it to the proper City Department . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE 13th DAY OF DECEMBER, 1988 . Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary • 1. - may s - . . ti : -:._ _ _ _ .._ ,,. .6' _ -- 4.re lit.0.- te . 411P9 °4. - CITY 0361 VVYLIE 108 S. JACKSON — P.O. 80X 428 WYLIE. TEXAS 75098 - . (214) 442-2236 - • • =--- PAYMENT APPROVAL FORM • FROM: e-S -'L____ -� DATE // J • TO : FINANCE DEPARTMENT PAY TO: _ � e.: - �> . • ---':' f2,.....--,:..„--"--t_e_ir-,./„.::E'__e&_72,-2r_:__----7..c---? �/ 3) AMOUNT: v'Z /. / • CHARGE TO: Fund Code Sub-account Dept. no. Account code AMOUNT _/ / / 1.) 7 6d.$' .-SJ /,/ • • • MCPLANATION: (Please attach necessary supporting data) I 7-s---z-7 4-i i 6 r4.,,..,-_,'^-,_, - • - . - , :CUD AND APPROVED BY: - COMMENDED. FOR PAYBENT BY: . I • 411,041 .. _ Finance•Dep f "�J Department Head "" • 0 ? NOTICE Ol CLAIM AGAINST THE CITY Ol WYLIE, TEXAS PERSONAL INJURY - PROPERTY DAMAGE File this claim within 45 days of the injury or property damage with: CITY SECRETARY CITY OF WYLIE, P. 0. BOX 428 WYLIE, TEXAS 75098 \tti r r�1 ELF 1 i�, Ei ) r'YtPease print full name Telephone Numbe rs Mailing Address `� City, State, Zip The TOTAL amount of your claim against the city is: ($) (Use other side for details) Describe in your own words WHERE, WHEN, and HOW the damage or injury occurred. Attach additional pages if necessary. Give names and addresses of others involved if known. x =========Z======Z==========z=== Location: C • Dater / ('7 r - 8pproximate Time (AM PM) ,�y� U J i r �l a/opfui a'oco Pir (br Z-6/A/ h C!.i ea) 4, vL . (110DA: J/,e/Y 0.6i22p/e x & / ,V f b �1 3i1)(e, {te 0 i ( Wa 1/ 2!, 77wg ,/)ri t/e.hilly ,� p& oP' p/n,j fl, pi,* £ , 74 11 Lv i ,071 9 / -b'a (72./?e 2 3/ z/fir q ,-64'''9" /a'd 717 r.��'" �C�� ?A' L/ '77 37G90/2-) ryfrip- :Q3NDIS • -Wyk/itf/$' 09rn(1 (. f Siej? ,r ,7d / (Jo tvw V/ / C) /O �U '� 1 ../C77Gv ,-W(/Y7/J ' / 7L1 ' m A./c.).4 iThz/ 1-7 57 c_i/Div,.?/7 1/4,/ 0-2 2/7tiv, 77---iy76Th 77:72/ P-Pd-/-c rov wct(it,' '/1 6cf(16 7�j, '�v°b' �`' /W >� y '/y// f c7h y 5,/1 y3 dt7 ucu 7`t'9 J t2 '►%b' 3:79-t<' 7 5i/rr 4/t) j" I 7LQA' 9 y/ ��WF ' oc1y� YP/ i/ N r9v/2y .Jo J 364,0c 0"--3(7,:i/V (1 ./ fiv9 -94Atz,47 (:?/ply 42c,5.-yey v 571/0a/cvt / /Y, (747i&/--c") OP./ -7-?-6/(7 -) , /ciJ !w q f.3?#.2- 971 _6/ _710 9-e./c A-wady 7(Li,2q. .6*/.(3,--)yro iGvio Yi' ! yr'.'? I / ' / ' riY W 0/ ill 979 ./V tea/ w f ?c 7 I ' 9.Y -01 94 `7f/7 -/,V/D Vb/' ' u/ ,2 ,/ a7it().\ 0 (-1727/ "i/ (-)ii(//Y 7,J 7>c,7Ay /37 vzle7 07 ' r' ' rD/jam C j Q 21N6/7 4(' / // ,r6/0 I 9•c `. O7 ( MV(77/W? / 4477 �� - rv9v / q 97)/YV "3/ T717')) 7?//'D HOEFT'S CLASSIC CARS PAINT & BODY 302 Wilson Road • Wylie, TX 75098 • (214) 442-3261 INSURANCE/APPRAISAL CO. CLAIM NO. INSURED/CLAIMANT RO. NO. VEHICLE ,;_ INSPECTION DATE APPRAISER ADJUSTER APPROVED BY___ DATE PH. NO. SUBMITTED BY DATE WHO TO PAY CODES: 1. ADDITIONAL PARTS/LABOR, 2. PART PRICE INCREASES, 3. SHOP RATE ADJUSTMENT, 4. OTHER c 0 LABOR HOURS PARTS/MATERIALS OTHER o DESCRIPTION "LIVIDAcruAi ESTIMATED ACTUAL ADDITIONAL "LIVID COST{ S O ; ' I TOTALS SUMMARY LABOR a J HRS. @ $ $ ri PARTS/MATLS. EST. $ MINUS ACTUAL$ = WRECKER STORAGE SUBTOTAL $ TAX --�� GRAND TOTAL $ Give details of your claim against the City. Attach copies of any repair estimates, medical reports, etc. /41e0,/g , 5/1 A-7/912' ckvr -` , 4X- /2 AC42' IIiA/z c am ALL THE STATEMENTS MADE IN THIS CLAIM ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE: • 7)7-7 /cefi/ Dat Signature of Claimant Article 10, Section 8 - Damage Suits of the Charter of the City of Wylie states before the City shall be liable for any claim for damages for the death or personal injuries of any person or for damages to property, the complainant or his authorized representative shall notify the City Secretary. The notification shall be in writing and shall state specifically how, when and where the death, injury or damage occurred; the amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the claim. The notification shall be filed within forty-five (45) days of the date of injury or damage or , in the case of death, within forty-five (45) days of the date of death. The failure to so notify the City within the time and manner specified shall exonerate, excuse and exempt the City from any liability whatsoever . No action at law shall be brought against the City until at least sixty (60) days have elapsed since the date of notification. 140 'villa CITY OF WYLIE 2001 HWY 78 N—P.O.BOX 428 WYLIE.TEXAS 75098 To: John Akin, Acting City Manager o�: 9/`yy From: James Johnson, Finance Direct � Re: Motor Grader Bids Date: December 8, 1988 Budgeted Amount: $35,000.00 Funds: General Obligation Equipment Notes 1988 (Personal Property Finance Contract) Availability- $100,630.68 $100,000 invested in Treasury Bills (30day) that will mature on December 15, 1988 Original Issue-$375,000 Funds Previously Expended- (1. ) Purchase Sewer Pump Truck from Control Sewer- $28,950.00 (2. ) Refinance/Pay-Off Bomag& Street Equipment Lease-$274,133.29 Funds Obligated- Rubber Tire Back-Hoe JCB Model-Bid Awarded to Mahanay International of McKinney but Equipment Not Received Yet Obligation- $31,397.00 Expect Delivery On/About January 1, 1989 Legal, Issuance and other costs not paid Recommendation: I concur with Don White's recommendation that the low bid in this case does not meet specs, especially since machine bid was not fully assembled and available for inspection. Public Works has utilized the G. May bid on the 1981 Galion A550 Motor Grader and believes that it is a suitable piece of equipment-some repair work (blade edges, filters, tires and perhaps minor engine work may be necessay-nothing major noted at this time) ----Galion (1981) A550 is the best bid CITY OF WYLIE PUBLIC WORKS DIVISION MEMORANDUM DATE : NOVEMBER 28. 1988 TO : DAMES JOHNSON - FINANCE DIRECTOR LG/// FROM : DON WHITE - PUBLIC WORKS SUPERINTENDENT 4) RE : MOTOR GRADER After looking over the bid specifications for the Motor Grader it is apparent to me that the low bidder does not meet required specifications . My recommendation is to accept the second low bidder . Please take necessary action to get Council approval and issue a purchase order number to George May for the SSOA Galion Motor Grader. DW f" I k xc: John Pitstick BID TA '1 LATION BID NO./DESCRIPTION: $q -03 MOTOR L RFO)ER DATE: II 3 /66 r c BIDDER MAKE/MODEL BID 1 (NEI.u> BID 2 (05Ee ) COMMENTS 15FU— UAL FN'C CAT IZF Z(,eDD Lv �'� —r MC 0P C N T ,- oil) , (-)o r71 100., °') — -- — ---- � MCI r.1-A l 1 i--,RtN\AT'L Nu 6 , 1) No B.k i) iy —__—_-_____ , -.._ I---- .______-._.----"�-- Mirrint A Momentum Company T1T1 : CJIV or WYLIE PPFC., CORTRACTUAI 1.1ATF : 1. 1. /1.7/08 OF.d.JOATXONS 1:.:SCROW Drn 3/15/88 , Atst UNT NUMBER : 3855880508 CI 11 OF 1011 IF DIRE ClOR OF FINANCE 1-1642852 P , ‘1 ii(OX 428 .1 gtisf iFr *IX 75098 14 101 • , • . H.! BOO MATURITY OM 100 ,000 ONfTS U IRF.ASURY BILL 8.7/ /2/CS NET AMOUNT CC:EDI-H-7D co .' P Mt1111;.(ER 9127/940111 $ 99 765:..i > 56 f MC.f.PAL. We 1. . executed this trLoisactioh per your instructions. Kindly acknowledge your iind return this advic , soon as practice I will nuti4 ' (5) orking days prioi to investment inatutit'y. with ins uctions conci ig the disposi Age rid Dated • - r ' ` $ CITY OF VV.YLIL 108 S. JACKSON — P.O. BOX 428 WYUE, TEXAS 75098 (214) 442-2236 To: John W. Akin, Acting City Manager From: James Johnson, Finance Director Date: December 9, 1988 Re: Bid Award-Police Cars Funding: Budgeted Item-Capital (Account # 10-200-202-04540) 1988-89 fiscal year Amount: $28,000 -2 automobiles Police Patrol Attached is the bid tabulation sheet on the police patrol units (Bid #89-02) , opened on November 6, 1988. This bid was held up to some discussions about the patrol units and whether or not a recommendation was to be made as to one vehicle, two and/or one vehicle and one additional patrol officer and the subsequent discussions about utilizing some of the capital funds budgeted for police equipment for salary increases. These discussions went on between Mr. Pitstick and Det. Snead & Sgts. Holley and Casler. As you know these issues were discussed earlier this week with you, Det. Snead and myself in attendance at the meeting and the decision was bring it to Council. Also attached is a sheet from the Police Department listing the City's current police vehicles by unit #, make/model/year, mileage and condition. The mileage figures are as of November 16, 1988. Presently, the principal patrol vehicles averages between 25,000 to 30,000 miles per year. Patrol units are usually ordered in the Fall and received in the Spring (April/May) of the year. Units I 14, 15, 16 & 17 are the current units used for the patrol shifts-units 14 & 15 on one shift and units 16 & 17 on the other. Units # 7,8, and 9 are used as back-up to the regular units(shifts) , reserve patrol duty and lake patrol. Utilizing a 30,000 mile add-on gives you the approximate mileage figure for the principal units one year from now. As you can readily ascertain, the future does not look good. Moreover, it has been the City's experience that as the mileage on the vehicle increases, especially above the 50,000 mark, the maintenance costs go up rapidly. Next year, given the worst case scenario, the Council could be looking at a substantial capital investment in patrol units for next year's budget. Furthermore, units 8,& 9 are not good units for the City retain ,in my opinion-excessive maintenance costs & repair. Insofar as the bids, the 1989 Ford Crown Victoria at $12,728.00 does not meet specifications, in order to meet specs it would be higher the figure would be $13,269.30 (Bob Tomes Ford) . The 1988 Chevrolet bid from Patlan Chevrolet of $13,051.43 is the low bid and meets specs and there are 3 of those units available as of this writing. The 1989 Chevrolet Caprice bid from Steakley Chevrolet of $13, 108.30 is also a good bid, in that this vehicle is fuel-injected and would provide better power, Chevrolet states that because of the fuel-injection its gas mileage is 3-4 miles per gallon better than last year(1988) and it has a 50,000 mile or 3-year warranty. �e CITY OF' WYLIL 108 S. JACKSON — P O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 Page 2 Memo on Police Cars to John W. Akin-12/09/88 The warranty for the 1989 Chevrolet Caprice patrol unit from Steakley consists of a powertrain, engine, brakes,body-bumper to bumper with a $100.00 deductible whereas the 1988 model from Patlan has a 12,000 mile or one year warranty basically the same type just a shorter time period-tires are excluded on both. The other difference is availabilty- the one from Patlan-immediately, the 1989 from Steakley has a 90-120 delivery after the order is received. Considering the approximate $57 difference in price, if availabilty is not a key factor, the 1989 bid from Steakley is the best bid from staff's standpoint. As to whether one car or two, that's a recommendation I don't have- if you purchase one rather than two, you free up approximately $14,900 that could be utilized for bringing on another police officer-that would make that officer avilable (at current compensation levels) anytime after February 15th with a budget amendment-because you would be adding another person (police officer)-Article V11, Section 4 &10 (Municipal Finance) . Finally, apparently there has weeks of discussion between Mr. Pitstick and the Police Department over levels of pay and methods to attempt such for the City's officers and to use budgeted capital funds in Dept. 202, i.e. , the Communications Equipment ( 4710)-$6200.00 or Special Equipment (04950) of $3500.00 for an increase in the compensation rate for the patrol officers. . . The information provided to me by the police department has officers in Sachse at 9.95 entry level/$10.45 average hourly wage paid to officers, Frisco-8.79 entry/10.57 average; Rowlett,-$10. 15 entry,$10.67 entry w/5 yrs. experience/$10.99 average, Rockwall-$10. 19 entry/$11.44 average, Allen- $10.64 entry/$12. 14 average-Wylie-$8.72 entry/8.84 average- Apparently, Mr. Pitstick was to make a presentation to the Council about his plan to upgrade Police Patrol salaries by about $10,000 for the remainder of this year. The plan would also be geared to the number of months of experience from under 12 months , 12 months+, 24 months +, 36 months +, 48 months + and 60 months+. the raises as I understand it would go into effect on/about January 1st, 1989. Mauri, for example would go from his $8.78 at the time of this discussion to $10.65 (he has 95 months experience)-Allison (56 mos.) 8.94 to $10.34, Magnuson & Thornhill (43 & 40 mos.) from 9.06 to 10.04; 8.78 to 9.74, Simmons/Patterson (21 mos./18 mos.) Simmons 8.72 to 9.46, Patterson-8.89 to 9.46. If there was an attempt to bring Wylie officers into the average of surrounding cities- even this appears to fall short- Council by a budget amendment could restructure these salaries by reallocating funds for budgeted capital items---hand held radioes and etc. C.q s cry' 4/c, /N/ /!` ,0 UNIT YEAR MAKE MODEL MILEAGE CONDITION 14 1987 CHEVROLET CAPRICE 51293 GOOD 15 1987 CHEVROLET CAPRICE 35025 GOOD 16 1988 PLYMOUTH FURY 18387 GOOD 17 1988 PLYMOUTH FURY 16268 GOOD 7 1986 CHEVROLET IMPALA 86065 FAIR TO GOOD 8 1986 CHEVROLET IMPALA 70367 POOR 9 1986 CHEVROLET IMPALA 77601 FAIR BID TABULATION BID NO./DESCRIPTION: 'SG-OL - 0OLI(,(1, i !1TRoL ())�i�C, DATE: 11/I; /S6 BIDDER MAKE/MODEL ' BID 1 (0`d4) BID 2 (1°M ) COMMENTS DOS-TD� /S FOR1,j L°R-ow��yic-10Al,A )3 R Hi � Z0 ° u Nb g + b C15 - IDU PA'rL,AN eoEvRcLk.'1 . /AP6k (,(-, i3 , (S9 - 05 ) 3ib51 -'-i 1ZUr/'1N - S-OC(G NE wmA N C ►-\€ b 1,i,1" -43 .S i--. ' - 1 3 ' ) K S-Coc 1 . Cl-16,V - E l �Po Roc b C -\6\I Ro t G_ r (2, 1 Q(� k C.,� 1 .3 I ts c5., 1 c, N, P.:) , D -__ - � nkLEy Co€4R l,f-r cAPA ,cq, 13, )00. 3u ND g l 64 - 1 Z4) - _....______...__ _.__T . _ .___Y 13 10-200-202-03560 VEHICLE I NSP. , L I C. &FEES 250. 00 . 00 . 00 250. 00 . 00 250. Q 0 m 10-200-202-03830 COMM. EQUIPMENT PARTS .00 . 00 . 00 . 00 . 00 . 2 ,s 10--e01 -2 02-03850 SIGN/SIGN MA TER I AL 300.00 . 00 321. 75— 621. 75 321. 75 300. 2 IC 10-200-202-0392 0 PHOTOGRAPHIC SUPPLIES 75. 00 14. 45 . 00 75. 00 ------ . 00 75. Q 0 17 10-20 ►-202-039...50 FIRST A ID SUPPL I ES . 00 . 00 117. 36— 117. 36 117. 36 . 12 181 10-200-202-03990 M I SC. SUPPLIES 125. 00 . 00 . 00 125. 00 . 00 125. Q 119, .120, SUPPLIES 18, 680. 00 1, 027. 21 2, 136. 60— 20, 816. 60 2, 974. 17 17, 842. ti l 0-200-202-04 =10 BUILDING IMP. . 00 . 00 . 00 . 00 00 . 2 r Li, 10-200-202-04540 AUTOMOBILES 28, 000. 00 . 00 . 00 28, 000. 00 . 00 28, 000. 2 241 10-200-202-04710 COMMUNICATION EQUIPMENT 6, 200. 00 . 00 . 00 6, 200. 00 . 00 6, 200. 2 251 10-2 00-202-04810 OFFICE EQUIPMENT 00 . 00 . 00 . 00 . 00 2 c64, 26 10-200-202-04820 OFFICE FURNITURE . 00 . 00 . 00 . 00 . 00 . 2 N 27, 10-200-202-04830 JAIL FURNISHINGS . 00 . 00 . 00 .00 . 00 . 12 a 2P; 10-200-202-04950 SPECIAL PURPOSE EQUIP. 3, 500. 00 . 00 . 1210 3, 500. 00 . 00 3, 500. 2 11311 CAPITAL OUTLAY 137s ,33 DEPARTMENT TOTALS 363 000. 00 12, 565. 53 7, 444. 18 355, 555._82 5, 285. 96 35O 269. 8 35i 36: S 8; 391 -- - — — 0L 0 r „Sj • r ,9. 49! Hi • 60 51 CITY OF WYLIE 2001 HWY 78 N-P.O.BOX 428 WYLIE,TEXAS 75098 To: John Pitstick, City Manager Fran: Janes JbYnson, Finance Direct Re: Bids-Police Cars Date: November 18, 1988 Attached is a bid tabulation sheet on the patrol units (Bid #89-02) , opened on November 16, 1988. Also attached is a sheet from the P.D. listing the City's current police vehicles by unit#, make/model/year, mileage and condition. The mileage figures ar as of November 16, 1988. Presently, we are still examining the bids to determine their compliance with bid specifications, warranty and so forth. No recommendation is currently available from the staff. Vehicles // 14,15, 16 & 17 are the units used for the patrol shifts presently, units 14 & 15 on one shift and 16 & 17 on the other. Additionally, units 7,8, and 9 are used for back-up for the regular shifts, reserve patrol duty and lake patrol. The principal shift vehicles average about 25,000 miles per year. The patrol units are usually ordered in the Fall of each year and received each Spring, in the April/May timeframe. Using that scenario, you can add 25,000± miles to current mileage figures and that will give you a ballpark number for units 14-17 this time next year, if no vehicles are ordered. Moreover, maintenance costs have been increasing, as expected for the older units. We have begun to identify those costs as part of the bid review process so as try to determine the true worth of the older units. My concern is that if not this year, then next year, more than two (2) police patrol units will need to be purchased so as to catch the City up. UNIT YEAR MAKE MODEL MILEAGE CONDITION 14 1987 CHEVROLET CAPRICE 51293 GOOD 15 1987 CHEVROLET CAPRICE 35025 GOOD 16 1988 PLYMOUTH FURY 18387 LOWBID PLYMOUTH 17 1988 PLYMOUTH FURY 16268 LOWBID PLYMOUTH 7 1986 .CHEVROLET IMPALA 86065 FAIR TO GOOD 8 1986 CHEVROLET IMPALA 70367 POOR 9 1986 CHEVROLET IMPALA 77601 FAIR ‘41441;1 SI � BID TABULATION BID N�' /DE�CRlpTlUN' D/�'A7 F'^| \/ � � ��»ul U��\7� Q�TE` -' ' '�� ' - ~ .'._�- ' BID l � �/ BlD 2L/qA� \ COMMENTS BIDDER ==`= _-_-_- _ . MAKE/MODEL - ��-�- -- / b [l�� A �� +` D �� /^� ` `� * ' � °/ / �� ' �']� `��.� VU hA�` ' ` 7A� ' ' - - �} l>[7(�AI�� /» u4JD^ 8 C Y- '� � ;' /! �/� / � )A�j ------'-- - - '-------- ---� ---- ------------ ----'---- 0 --------------' -------- - ------------- ----- ----- ' �n�� Staff Report to Mayor and City Council DATE: SUBJECT: Payment Request - XIT Paving NO: 12-07-88 and Construction, Inc. I have received and reviewed the attached invoices for the Birmingham and Stone street reconstruction project and the Ballard asphalt overlay project and found them to be appropriate. The payment of $6, 401 . 60 on Ballard is the final payment ( 10% retainage) and will finalize this contract. The payment of $41 , 136. 30 is payment no. two to XIT for the Birmingham and Stone reconstruction. The work completed with this estimate no. two is the underground storm drainage work. Having found both of these pay requests to be appropriate, I recommend the payment to XIT Paving and Construction, Inc. in the amount of $47, 537. 90. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Ron Homeyer, P. E. , Staff Engineer FOR ADD.INFO. CONTACT: OTHER: Ron Homeyer, P. E. , Staff Engineer iol IT PAVING & CONSTRUCTION. INC. P.O. BOX 4757,37 GARLAND. TEXAS '5047 MONTHLY ESTIMATE JOB # 795 �..— PROJECT NAME: CITY OF WYLIE ESTIMATE NUMBER: 7 AND PINA TYPE OF WORK: PRIME COAT AND *MAC OVERLAY ,8 CONTRACT NUMBER: ESTIMATE PERIOD: NOVEMBER C,,. i988 (O,Y'• Inv'7 CONTRACT DATE: 08-1'-SE CONTRACT AMOUNT:$70..?00. y0 INVOICE # 1707 CONTRACT : COMPLETE ; WORK THIS TOTAL WORK: CONTRACT , ITEM DESCRIPTION ;UNITS JUANTITY : TO-DATE PERIOD COMPLETED , AMOUNT AMOUNT ONE F'RIME COAT AND TWO INCH HMAC ; S' 17.575,':0 7.700.330 3.154.00 15.554.)n 4.00 07.416._jt; :TWO ADDITIONAL PRIME COAT SAL 700.00 . 7700.00 2. • XIT PAiING & TRUCTION. INC. TOTAL AMOUNT WORD:: DONE: $64.016.00 APP ED SY: RETAINAGE ;10% ).00 • OTHER 0.00 ESiD AMOUNT PAYABLE 64.016.00 LESS PREVIOUS PAIMENTS 57.014.40 DATE: I- a3 DUE THIS ESTIMATE $6.401.60 3 Ir?^Q /D5 XIT PAVING& & CONSTRUCTION. INC. P.O. BOX 475337 p t'� GARLAND. TEXAS 75047 .. W' $$ tZ" MONTHLY ESTIMATE , 8 PROJECT NAME: BIRMINGHA[M « STONE ESTIMATE '$JNBER: TWO TYPE OF WORK: EXCAVATION. LIME STAB.. CONCRETE PAVING. UTILITIES; \\, A CONTRACT NUMBER: ESTIMATE PERIOD: NOVEMBER 1. 1 3B TO NOVEMBERCO. !9x r A Q. ,N) CONTRACT D TE:,_ ,� CONTRACT AMO;;NT:$ 469i :v INVOICE * :709 CONTRACT COMPLETE ETE WORK IS TOTAL WORK CONTRACT ITEM DESCRIPTION NITS UANT:T" , TO-DATE PERIOD COMPLETED : AMOUNT : AMOUNT SIr.M NCHAM STREET -x. :AMA_ :E1C'.AL & :... _J L ..J. -. : ,i.. {i , 0.00 7.75 ; 0.0 r . .- REINFORCED CONCRETE_ P ,M .: - - - b __ME S UBGR.nr = - r1P:L. _ _ =^.ttirC _. ._... _ .._. : 0.00 _.-1_: 2._.. ..air • iC ,..r n _ r L a'�F 22N �� 'iLL:T .� '1 0.00 : 0,00 MO O - 17.00 : 1T EXISTING - M RR: ht REPLACE MAILBOX. , rt JO. i_ if j' _ 0.00 ;ADJUST ;ATE `,';_; . -.:j _FA-- EACH ...i {_,)�. - i; _ '� .1 - MANHOLES -.- n- .. HP. 1 1 :REMOVE __ . ANC SUTTER: _ 2.41,8 ;a: 0,00 : u.00 ..5 - C i ,REMOVE OSE CJL ERPIPE ; 0.00 0.:c. :r.13 _E C4E CONCRETE PAVEMENT _. 921 0,00 . 0.00 0.00 MONOLITHIC F.-- CLASS . PCF, INC EMBED .- 1 150.00` 150 i_ _ ._l0 _.. 3 1_ CLASS II: RCP. INC EMBED :c c :F 1 :_ CLASS III RC'. INC EMBED 2_. : 210.00 210.00 03 ASS :t- RCP, INCEMBED _. C J - i�. - 11 J..i4: �fi. .. -. 5.520.)0- _ - ,21 TST N _ _r: ;2_,_itl ._. 230 ; _4,.:(! c_+_ C R EXISTING xF '; r _ � ,_-_� .22 _:PIPE : CONNECT .Or RCP EACH : S yVi �8.00 6.00 { i... tf yif: 1)., !fi .;j CURB INLET EACH . P. 'CURB P: 23 i- CURB :r-LE- WITH ' EXTEN EACH ; i ,1s; 'T 4INO & C-AR;RUCTICN. INC. TOTAL AMOUNT WORK DONE:: F^n,'_,j , i(: PETAINAGE '10 8.B31.=. OTHERAy AMOUNT PAYABLE 79.487.10 DATE DUE THIS ESTIMATE .ivlJ13/4'�1 ._. A9 X T 1:AVING & CONSTRUCTION. INC. BIRM{NGHAM �D STONE OAGErWO F NO �TRACT . TE � WORK THlS� ]�PLE TOTAL WURK| CONTRACT . � I�Em DESCRIPT:ON JNITS | Q0ANTlTY PERIOD | COMPLETED | AMUUNT AMO�NT �P.-'l IEADWALL F 0 R 30" RCF |HEADWALL -OF HEADWAL� 400.J0 CONCRE� RlP-�� SY � �5 0.�� C.0O | �.00 30.3V '6" DIAM ��lTARY SEWE� PIpE L� � ^V � �0.%} � 3O. .00 OIAM SANITARY SEWER VNHOL�� EACH | � ' 0.00 � l.O0 | �.00 | 1.-O0.0C �LOWER 8^ WTRMN-FIT/EMBE� �u LF � 10V | �.S0 1z5.00 | 1�5.O0 . . . P.2 7" pE�NFCRC[D CO�CRE�E F«Mr �y 3.�49 }.38 � 3.V0 �.30 S7-A8 UDGR�DE 0.00 �yISrING REMOVE & RESET MAI-0X WATE:::, �L�,lEH, TD SR DE �P.9 |'EMOVE EXIST CONC C & G LF DISPOSE CULVEPr pIPE � LF ' 62 | 0.�� O.00 | 0,00 � 5.O; EXIST CONCR[TE P"MT C�ASS 7II lLr� CLASS LF I�LET EACH | l 0.S0 INLE7/5 EXTENrION CONCRETE SIP'F-F0.0O ' �CHANGE ORDER #2 . PVC -F | .4 MANHOLE2.150,00 ' �CLEANOUT | EACH . |LA TER AL RECONNECT0 | |TRENCH SAFETY _ 107 ' / CI?! COOOCIL ISQ011? Talton Ey: John Pitstick COUNCIL MEMBER: Messenger DATE: l 1-22-88 LOCATION: Extention of Library Hours NATURE OF INQUIRY : as soon as the new Library Director is on board, city council is interested in seeing more appropriate hours of operating Such as Saturdays, etc. Please bring forward a recommendation to the Library Board and City Council DEPARTMENT CONTACTED: Library INVESTIGATING OFFICIAL: Rosanne Burgess PLEASE RESPOND BY : 12-9-88 ********************** ************************* ** ** *** ** * *** DEPARTMENTAL RESPONSE DATE RECEIVED: 11-28-88 REMARKS: Per our conversation this A.M. , I will have a report to present to City Council on January 10, 1989 concerning current affairs. Pending approval of the Library Board at the December 12th meeting, I plan to extend the open hours to include Saturday, 11 a.m. to 5 p.m. to better serve the citizens of Wylie. We will continue to be open on Tuesday nights until 8:00 p.m. , also for students and adults who prefer evening hours. Rosanne Burgess -%' DATE CITY COUNCIL NOTIFIED OF DISPOSITION: w<—� f2f STATUS : DATE OF FINAL DISPOSITION: CITY COUICIL MOIST Tak.n By: John Pitstick COUNCIL MEMBER: Messenger OATS: 11-22-88 LOCATION: School Zones on HWY 78 NATURE OLD INQUIRY: We need to better identify the school zones and resume speed limits on HWY 78 at Jackson St. and near Sonic Drive-In. Please get with the state to find out what can be done to better sign these school zones. DEPARTMENT CONTACTED: Engineering INVESTIGATING OFFICIAL: Ron Homeyer PLEASE RESPOND BY: 12-9-88 ******************************************************* ** ** * DEPARTMENTAL RESPONSE DATE RECEIVED: 11-24-88 REMARKS: Currently working w/Hwy Dept. to resolve this matter and several other issues. DATE CITY COUNCIL NOTIFIED OF DISPOSITION: /„ -/_3 -if STATUS : DATE OF FINAL DISPOSITION: CITY CODICIL I/QUIBY Taken By: JP COUNCILMEMBER: Pritzkau DATE: 11-22-88 LOCATION: Renumbering of E & N Gaston NATURE OF INQUIRY : Please look at complete new numbers on E & N Gaston so there won' t be any confusion with new addressess. DEPARTMENT CONTACTED: Engineering INVESTIGATING OFFICIAL: Ron Homeyer PLEASE RESPOND BY : 12-9-88 ********************************* ►******** r ******•*t******* * DEPARTMENTAL RESPONSE DATE RECEIVED: 11-24-88 REMARKS: Renumbering w/new numbers through whole streets may create greater confusion. I will look at further options. DATE CITY COUNCIL NOTIFIED OF DISPOSITION: J, ' —22? STATUS : DATE OF FINAL DISPOSITION: C I TT COMM I MQO I ST Taken Sy: JP COUNCIL MEMBER: Pritzkau DATE: 11-22-88 LOCATION Sanden Blvd plans and alignment NATURE OF INQUIRY• Please get a set of alignment and full plans to to Councilman Pritzkau on Sanden Blvd. DEPARTMENT CONTACTED: Engineering INVESTIGATING OFFICIAL: Ron Homeyer PLEASE RESPOND BY: 12-9-88 ***** ** ***********************t************•*************** • DEPARTMENTAL RESPONSE DATE RECEIVED: 11-24-88 REMARKS: Delivered, Tues. 11-29-88. DATE CITY COUNCIL NOTIFIED OF DISPOSITION: 102-13-O6 STATUS : DATE OF FINAL DISPOSITION: CITY COGsCIL IBQ01UY ?akin By: JP COUNCIL MEMBER: Pritzkau DATE: 11-22-88 LOCATION: Twin Lakes subdivision test results NATURE OF INQUIRY: Please provide test results to city council from all streets and alleys in Twin Lakes. DEPARTMENT CONTACTED: Engineering INVESTIGATING OFFICIAL: Ron Homeyer PLEASE RESPOND BY: 12-9-88 *************************** ************t***************** ** * DEPARTMENTAL RESPONSE DATE RECEIVED: 11-24-88 REMARKS: provided copy of all results except core results to T. Pritzkau 11-29-88. DATE CITY COUNCIL NOTIFIED OF DISPOSITION: /2 -13 61/ STATUS : DATE OF FINAL DISPOSITION: CITY COUNCIL MOIST Taken By: John Pitstick COUNCIL MEMBER: Pritzkau DATE: 11-22-88 LOCATION: Public Works work order system NATURE OF INQUIRY: Please provide a list of all equipment and appropriate cost to city council. DEPARTMENT CONTACTED: Public Works INVESTIGATING OFFICIAL: Don White PLEASE RESPOND BY: 12-9-88 ************************************************* ********** * DEPARTMENTAL RESPONSE DATE RECEIVED: 11-28-88 REMARKS: A list was put in City Councils box at the Municipal Complex on 11-28-88, addressed to Councilman Pritzkau. DATE CITY COUNCIL NOTIFIED OF DISPOSITION: / 4 -,(J 8 ) STATUS : DATE OF FINAL DISPOSITION: CITY CODICIL IEQOIUT Taken By: Jihn Pitstick COUNCIL MEMBER: Pritzkau DATE: 11-22-88 LOCATION: Crack Sealing in Pointe North area NATURE OF INQUIRY: Please make sure our •,crews are not crack sealing during cold or wet weather. Also please check some of the alleys in the Pointe North area for needed crack sealing. DEPARTMENT CONTACTED: Public Works INVESTIGATING OFFICIAL: Don White PLEASE RESPOND BY: 12-9-88 ************** *************************** *tit************** * DEPARTMENTAL RESPONSE DATE RECEIVED: 11-28-88 REMARKS: Because of the wet weather and the cold weather coming, we have stopped our crack seal program at this time and will resume when the weather is warmer. We are aware of the cracks in the existing alleys at Pointe North. It is on our Work Order list to be done and will get to it as soon as the weather prevails. DATE CITY COUNCIL NOTIFIED OF DISPOSITION: /1 ? - f4e STATUS : DATE OF FINAL DISPOSITION: THE MEADOWS FOUNDATION W/LSON HIS TOPIC BLOCK 2922 SWISS AVENUE DALLAS, TEXAS 75204 SALLY R. LANCASTER. PH.D. EXECUTIVE VICE PRESIDENT (214) 826-9431 AND GRANTS ADMINISTRATOR December 9, 1988 Mr. John Pitstick Wylie City Manager 2001 Hwy 78 N P. 0. Box 428 Wylie, Texas 75098 Dear Mr. Pitstick: We are pleased to transmit our check for $13,910, made to the City of Wylie, Texas, representing the second installment on our pledge number 88060137. So that we will be able to substantiate our gift to you during 1988, it is important to us that you deposit our check promptly. We would also appreciate it if you would acknowledge receipt of this payment by signing the enclosed copy of this letter and returning it to our office. Best wishes for a joyous holiday season! Since ely, al y . ancaster SRL:os Enclosures The grant payment described above was received by me on �.2-'�-,,Z. (Date) r • D // City Manager r hh , -Xn, fief;1,5 CITY COUNCIL INQUIRIES NOVEMBER 1988 MAYOR TRIMBLE 2 COUNCILMAN AKIN 4 COUNCILMAN SWARTZ 3 COUNCILMAN PRITZKAU 6 COUNCILMAN MESSENGER 6 COUNCILMAN BLAKEY 1 COUNCILMAN NAISH 5 ALL COUNCILMEMBERS 2 TOTAL 29 UPDATE - CITY COUNCIL INQUIRIES DATE NAME NATURE STATUS REMARKS 6-14-88 Naish BFI Brochure Open 6-28-88 Naish Community Services Open in lieu of court fines . 6-28-88 Naish Turn lanes at Hwy Open 78 and FM 544 Intersection 7-19-88 Naish Street numbering Open on Gaston St . 8-23-88 Akin Hwy Beautification Open Grant 9-12-88 Akin McCreary Rd . Open Railroad Crossing 9-27-88 Akin P .M. Akin Elementary Open 10-25-88 Naish Use of Impact Fees Open 11-8-88 Akin Handicapped Garbage Open Pickup 11-9-88 Messenger City Wide Insurance Open 11-8-88 Naish Minutes from Open Advisory Boards to City Council 11-8-88 All Street Assess- Open ments on Callie & Ballard 11-8-88 Akin Prorata Ordinance Open 11-8-88 Naish 17% Water Loss Open 11-16-88 Messenger Delinquent Taxes Open 11-22-88 Messenger School Zones on Open Hwy 78 11-22-88 Pritzkau Renumbering of Open E & N Gaston 11-22-88 Swartz Resolution Open Supporting Brookshires 11-22-88 Naish Delinquent Taxes Open 11-22-88 Swartz Construction of Open Birmingham St . (Newsletter) 11-22-88 Akin Accidents on Hwy 78 Open 11-22-88 Pritzkau Crack Sealing in Open Point North Area '/ 7 Page No. 1 12/06/88 PUBLIC WORKS WORK ORDER REPORT NOVEMBER 1988 WORK ORDER WORK DONE DEPT MATERIALS LABOR EQUIPMENT DATE NUMBER MENT COST COST COST ** DEPARTMENT 310 11874 PICK UP TRASH - HELP JAYCEES 310 0.00 50. 00 65. 50 11/07/88 11927 PER CODE ENFORCEMENT MOWED LOT 310 0.00 25. 00 50.00 11/15/88 ** Subtotal ** 0.00 75. 00 115. 50 ** DEPARTMENT 420 11853 PICKED UP CULVERTS 420 0.00 25. 00 25.00 11/02/88 11855 SUNK WHERE SEWER LINE WAS REPLACED - 420 0.00 50. 00 200.00 11/02/88 REPAIRED 11843 CLEAN-UP PUT ROCK ON SHOULDER AT MAIL 420 0.00 50. 00 125.00 11/03/88 BOXES 11823 WATER STANDS IN DRIVEWAY - FIXED 420 0.00 12. 50 50.00 11/04/88 11824 RELOCATED SCHOOL ZONE SIGN 420 0.00 25. 00 25.00 11/04/88 11867 REMOVED TREE LIMBS FROM THE STREET 420 0.00 12.50 32. 50 11/04/88 11882 DIRT WORK IN ALLEY 420 0.00 75.00 187.50 11/07/88 11821 PATCHED POT HOLES 420 0.00 25.00 32. 50 11/07/88 11670 GROUTED MANHOLE AT BALLARD & BIRMINGHAM 420 0.00 25. 00 12.50 11/09/88 11922 ASPHALTED DIG-UP 420 0.00 25.00 62.50 11/14/88 11774 REMOVE BRUSH 420 0.00 25.00 82.50 11/14/88 11877 RESET SPEED LIMIT SIGN 420 0.00 12.50 12.50 11/11/88 11648 DIRT WORK ON PAUL WILSON RD. 420 0.00 37.50 150.00 11/14/88 11930 SPREAD ROCK IN ALLEY 420 0.00 12. 50 50.00 11/15/88 11926 INSTALLED STREET SIGN AND POLE 420 0.00 12.50 12. 50 11/15/88 11752 CURB REPAIR 420 0.00 25.00 25.00 11/14/88 11696 PATCHED POT HOLES 420 0.00 50. 00 100.00 11/14/88 11785 PATCHED POT HOLES 420 0.00 25.00 100.00 11/14/88 11934 INVESTIGATED NEEDS FOR TRUCK ROUTE 420 0.00 12.50 12.50 11/17/88 12022 INSTALLED RESUME SPEED SIGN AT 420 0.00 12.50 12.50 11/27/88 HEATHERWOOD & BENTWOOD 11822 TRIMMED TREES THAT WERE BLOCKING 420 0.00 12.50 12.50 11/28/88 MOTORISTS VIEW,COLLEGE&JCKN 11965 REPLACED STOP SIGN & SECURED SIGN POLE 420 0.00 12.50 12.50 11/23/88 AT PINERIDGE &TNGLEWD 11984 STOP SIGN WAS DOWN AT MARTINEZ AT GKMHP 420 0.00 12.50 12.50 11/23/88 ENTRANCE 11969 PATCHED POT HOLES & ALLEVIATED STANDING 420 0.00 75.00 165.00 11/22/88 WATER PROBLEM 11970 PATCHED POT HOLES AT B'HAM & OAK 420 0.00 75.00 165.00 11/22/88 11966 P!CKED UP REBAR THAT ROY FAIRES DONATED 420 0.00 37. 50 12.50 11/21/88 TO THE CITY 11964 REPAIRED STOP SIGN THAT WAS KNOCKED DOWN 420 0.00 12. 50 12.50 11/21/88 AT AKIN & HTHRWOOD 11963 SECURED STOP SIGN POLE AT MASTERS & 4TH 420 0.00 12.50 12.50 11/21/88 ST. 11975 POT HOLE PREP DOWNTOWN AREA 420 ' 0.00 100.00 90.00 11/21/88 12044 STOP SIGN WAS DOWN ON COTTON BELT 420 0.00 12.50 12.50 11/29/88 12046 STOP SIGN WAS DOWN AT BROWN & SH78 420 0.00 12.50 12.50 11/29/88 12047 CITY LIMIT SIGN WAS DOWN ON SH544 420 0.00 12.50 12.50 11/29/c Page No. 2 12/06/88 PUBLIC WORKS WORK ORDER REPORT NOVEMBER 1988 WORK ORDER WORK DONE DEPT MATERIALS LABOR EQUIPMENT DATE NUMBER MENT COST COST COST 12059 STREET AND CURB REPAIR AT OAK & 3RD ST. 420 0.00 50.00 250.00 11/30/88 ** Subtotal ** 0.00 987.50 2092. 50 ** DEPARTMENT 450 0430 SPANIEL TEARING UP TRASH - WAS UNABLE TO 450 0. 00 6. 25 6.25 11/03/88 LOCATE 0429 PICKED UP AND EMPOUNDED ABANDONED CANINE 450 0. 00 6. 25 6.25 11/03/88 0437 PICKED UP AND DISPOSED OF 10-45 CANINE 450 0.00 6. 25 6.25 11/07/88 0426 PICKED UP AND EMPOUNDED TWO AT LARGE 450 0.00 6.25 6.25 11/03/88 CANINE 0448 EMPOUNDEDE STRAY KITTEN - TOOK TO VET 450 0.00 6.25 6.25 11/10/88 0449 COMPLAINT-LEFT WARNING 2 CANINE AT LARGE 450 0.00 6.25 6. 25 11/10/88 CONTINUOUSLY 0468 ASSISTED OWNERS IN CORRALING LOOSE 450 0.00 12.50 12. 50 11/15/88 CATTLE 0469 FED AND WATERED ANIMALS 450 0.00 6.25 6.25 11/16/88 0470 INVESTIGATED COMPLAINT OF CANINE 450 0.00 6.25 6.25 11/16/88 DEPOSITING IN YARD 0463 FED AND WATERED ANIMALS 450 0.00 12.50 12.50 11/15/88 0462 PICKED UP AND DISPOSED OF 10-45 CANINE 450 0.00 6.25 6.25 11/15/88 0458 PICKED UP AND DISPOSED OF 10-45 FELINE 450 0.00 6.25 6.25 11/14/88 0459 REMOVED WILD FELINE FROM TRUCK AND 450 0.00 6.25 6. 25 11/14/88 IMPOUNDED 0466 IMPOUNDED CANINE AT LARGE 450 0.00 6.25 6.25 11/15/88 11281 COMPLAINT-NGHBRS DOG JUMPS HER FENCE-NO 450 0.00 0.00 0. 00 11/28/88 ONE HOME-DOG ON CHAN 11282 DOG AT LARGE - UNABLE TO LOCATE 450 0.00 0.00 0.00 11/28/88 11283 DELIVERED PARK BOARD PACKETS 450 0.00 0.00 0.00 11/28/88 11284 PICKED UP AND DISPOSED OF 10-45 450 0.00 0.00 0.00 11/28/88 11231 PICKED UP WINDOW FOR KENNEL 450 0.00 0.00 0.00 11/23/88 11232 CLEANED AND REPAIRED KENNEL WINDOW 450 0.00 0.00 0.00 11/23/88 11233 IMPOUNDED STRAY FELINE 450 0.00 0.00 0.00 11/23/88 11234 STRAY DOG - UNABLE TO LOCATE 450 0.00 0.00 0.00 11/23/88 11221 PICKED UP ANIMAL SUPPLIES 450 0.00 0.00 0.00 11/22/88 11222 FEED AND WATER ANIMALS 450 0.00 0.00 0.00 11/22/88 11223 TRANSPORTED ANIMALS TO GARLAND HUMANE 450 0.00 0.00 0.00 11/22/88 SOCIETY 11211 STRAY DOG AT LARGE - UNABLE TO LOCATE 450 0.00 0.00 0.00 11/21/88 11212 PICKED UP AND IMPOUNDED CANINE 450 0.00 0.00 0.00 11/21/88 11181 ATTEMPTED TO DELIVER ANIMAL TRAP - NO 450 0.00 0.00 0.00 11/18/88 ONE HOME 11182 PICKED UP AND DISPOSED OF 10-45 450 0.00 0.00 0.00 11/18/88 11183 INVESTIGATED COMPLAINT OF NOISY CHICKENS 450 0.00 0.00 0.00 11/18/88 11184 PICKED UP ANIMAL TRAP 450 0.00 0.00 0.00 11/18/88 11291 IMPOUNDED FELINE 450 0.00 0.00 •0.00 11/29/88 11292 DELIVERED LIVE ANIMAL TRAP 450 . 0.00 0.00 0.00 11/29/88 11293 IMPOUNDED ONE CANINE, CITATION ON 1 450 0.00 0.00 0. 00 11/29/88 CANINE Page No. 3 12/06/88 PUBLIC WORKS WORK ORDER REPORT NOVEMBER 1988 WORK ORDER WORK DONE DEPT MATERIALS LABOR EQUIPMENT DATE NUMBER MENT COST COST COST 11294 DUG ESCAPED FROM BACK YARD ASSISTED IN 450 0.00 0.00 0.00 11/29/88 PUTTING UP 11295 FED AND WATERED ANIMALS IN KENNEL 450 0.00 0.00 0.00 11/29/88 11301 TOOK ANIMALS TO GARLAND HUMANE SOCIETY 450 0.00 0.00 0.00 11/30/88 11302 PICKED UP LIVE ANIMAL TRAP 450 0.00 0.00 0.00 11/30/88 11303 ATTEMPTED TO DELIVER LIVE ANIMAL TRAP-NO 450 0.00 0.00 0.00 11/30/88 ONE HOME 11304 ASSISTED WATER DEPT BLEED AIR FROM WATER 450 0.00 0.00 0.00 11/30/88 LINES 11305 FED AND WATERED ANIMALS IN KENNEL 450 0.00 0.00 0.00 11/30/88 ** Subtotal ** 0.00 100.00 100.00 ** DEPARTMENT 501 11880 MOVE EMPTY CARD CATALOGS AT THE LIBRARY 501 0.00 25.00 12.50 11/08/88 11925 DISPOSED OF BOOKS & INSTALLED BOOK DROP 501 0.00 12.50 12. 50 11/16/88 AT THE LIBRARY 12045 INVESTIGATED TOILET STOPPAGE AT 501 0.00 12.50 12.50 11/29/88 P. D. -ADVISED TO CALL PLUMBER 12048 DELIVERED TRAILER TO PARKER RD TO 501 0.00 12.50 12. 50 11/29/88 DECORATE FOR PARADE 11943 REMOVED & DISPOSED OF WALL ST. JOURNAL 501 0.00 12.50 12.50 11/17/88 RACK AT P.D. ** Subtotal ** 0.00 75.00 62. 50 ** DEPARTMENT 502 11854 TUNE-UP ON UNIT *136 502 0.00 25.00 0.00 11/02/88 11711 REPAIRED WATER LEAK . 502 0.00 75.00 160.00 11/03/88 11889 REPAIRED WATER LEAK 502 0.00 162.50 312.50 11/08/88 11868 INSTALLED WATER METER 502 0.00 25.00 62. 50 11/08/88 11881 REPAIRED WATER LEAK 502 0.00 37.50 75.00 11/07/88 11878 LINE LOCATION FOR SABER 502 0.00 12.50 12.50 11/07/88 DEVELOPMENT-INSTALLING SEWER LINE 11895 LINE LOCATION -FARMERS ELECTRIC CO-OP 502 0.00 12.50 12.50 11/09/88 11866 LINE LOCATION FOR T.P. & L. 502 0.00 12.50 12.50 11/07/88 11904 REPAIRED WATER LEAK 502 0.00 75.00 125.00 11/10/88 11908 REPAIRED METER LEAK 502 0.00 25.00 25.00 11/10/88 11944 WINTERIZED PIPING AT THE CONCESSION 502 0.00 75.00 37.50 11/17/88 STAND CITY PARK 11937 REPAIRED WATER LEAK 502 0.00 12.50 12.50 11/16/88 11902 INVESTIGATED WATER METER LEAK - FOUND 502 0.00 12.50 12.50 11/15/68 NONE 11933 SET METER BOX 502 0.00 25.00 12.50 11/15/88 11957 SERVICED PUMPS AT NTMWD - ADDED OIL AND 502 0.00 12.50 12.50 11/18/88 SWITCHED TO AUTO 11985 REPAIRED WATER LEAK AT 3RD & OAK 502 0.00 123.00 510.00 11/22/88 11968 REPAIRED METER LEAK AT 203 COTTON BELT 502 0.00 12.50 12. 50 11/20/8- 12060 REPAIRED WATER MAIN BREAK AT SH 544 & 502 0.00 750.00 1261.00 11/30/ AV) Page No. 4 12/06/88 PUBLIC WORKS WORK ORDER REPORT NOVEMBER 1988 WORK ORDER WORK DONE DEPT MATERIALS LABOR EQUIPMENT DATE NUMBER MENT COST COST COST ** Subtotal ** 0.00 1485.50 2668.50 ** DEPARTMENT 503 11851 DAILY ROUNDS 503 0.00 25.00 25.00 11/02/88 11852 DAILY MOBIL COLLECTION 503 0.00 50.00 300.00 11/02/88 11847 DAILY ROUNDS 503 0.00 25.00 25.00 11/01/88 11839 SEWER DIG-UP - JETTED MAIN AND YARD LINE 503 0.00 200.00 327.50 11/01/88 11848 DAILY MOBIL COLLECTION 503 0.00 37.50 225.00 11/01/88 11849 CLEARED SEWER STOPPAGE - JETTED THE MAIN 503 0.00 25.00 52. 50 11/01/88 11850 TOOK UNIT *160 TO GOODYEAR IN PLANO FOR 503 0.00 25.00 25.00 11/01/88 NEW TIRES 11857 DAILY ROUNDS 503 0.00 25.00 25.00 11/03/88 11810 REPORT OF SEWER STOPPAGE - ON CUSTOMER 503 0.00 12.50 12.50 11/03/88 SERVICE LINE 11860 REPAIRED SEWER MAIN BREAK - 45 DEGREE 503 0.00 112.50 206.50 11/03/88 ELBOW 11861 CLEARED SEWER STOPPAGE-JETTED YARD LINE 503 0.00 25.00 52.50 11/04/88 11858 DAILY MOBIL COLLECTION 503 0.00 37.50 225. 00 11/03/88 11862 DAILY ROUNDS 503 0.00 25.00 25.00 11/04/88 11884 DAILY ROUNDS 503 0.00 25.00 25. 00 11/08/88 11886 CLEARED SEWER STOPPAGE - JETTED YARD 503 0.00 25.00 52.50 11/08/88 LINE 11885 DAILY MOBIL COLLECTION 503 0.00 50.00 300.00 11/08/88 11888 INVESTIGATED SEWER STOPPAGE-ON SVC LINE 503 0.00 12.50 12. 50 11/08/88 CLEANOUT CLEAR 11887 CLEARED SEWER STOPPAGE 503 0.00 50.00 90.00 11/08/88 11893 GROUTED MANHOLE BEHIND HOSPITAL 503 0.00 25.00 12.50 11/09/88 11891 DAILY ROUNDS _ 503 0.00 25.00 25.00 11/09/88 11901 CLEARED SEWER STOPPAGE-JETTED YARD LINE 503 0.00 25.00 52.50 11/09/88 LAKEWAY II 11892 DAILY MOBIL COLLECTION 503 0.00 37.50 225.00 11/09/88 11879 INVESTIGATED SEWER BACK UP-WAS WATER 503 0.00 12.50 12.50 11/07/88 LEAK ON SVC LINE 11863 INVESTIGATED SEWER STOPPAGE-MAIN 503 0.00 12.50 12.50 11/04/88 FLOWING-CLEANOUT CLEAR 11837 SEWER DIG-UP INSTALLED CLEAN OUT 503 0.00 175.00 275.00 11/07/88 11876 DAILY MOBIL COLLECTION 503 0.00 37.50 225.00 11/07/88 11871 DAILY MOBIL COLLECTION 503 0.00 43. 75 262.50 11/05/88 11872 DAILY MOBIL COLLECTION 503 0.00 56.25 332.50 11/06/88 11869 DAILY ROUNDS 503 0.00 37.50 37.50 11/05/88 11873 CLEARED SEWER STOPPAGE 503 0.00 12.50 52.50 11/05/88 11856 SEWER DIG-UP INSTALLED CLEAN OUT AND 7 503 0.00 250.00 375.00 11/04/88 FT YARD LINE 11870 DAILY, ROUNDS 503 0.00 37.50 37.50 11/06/88 11875 DAILY ROUNDS 503 - 0.00 25.00 25.00 11/07/88 11864 DAILY MOBIL COLLECTION 503 ; 0.00 37.50 225.00 11/04/88 11890 CAP MISSING ON CLEAN OUT 503 0.00 25.00 12.50 11/11/88 11911 DAILY MOBIL COLLECTION 503 0.00 37.50 225.00 11/11/'-'3 Page No. 5 12/06/88 PUBLIC WORKS WORK ORDER REPORT NOVEMBER 1988 WORK ORDER WORK DONE DEPT MATERIALS LABOR EQUIPMENT DATE NUMBER MENT COST COST COST 11910 DAILY ROUNDS 503 0.00 25.00 25.00 11/11/38 11905 DAILY ROUNDS 503 0.00 25.00 25.00 11/10/88 11909 CLEARED SEWER STOPPAGE 503 0.00 25. 00 52.50 11/10/58 11906 DAILY MOBIL COLLECTION 503 0.00 37. 50 225.00 11/10/88 11916 DAILY ROUNDS 503 0.00 25.00 25.00 11/14/88 11923 INVESTIGATED SEWER BACK-UP FOUND NONE 503 0.00 12.50 12. 50 11/14/88 11914 DAILY ROUNDS 503 0.00 37.50 37. 50 11/14/88 11915 DAILY ROUNDS 503 0.00 37. 50 37. 50 11/14/83 11917 DAILY MOBIL COLLECTION 503 0.00 62.50 375.00 11/12/68 11918 DAILY MOBIL COLLECTION 503 0.00 62.50 375.00 11/13/88 11942 INVESTIGATED SEWER STOPPAGE - FOUND ON 503 0.00 12.50 12. 50 11/17/88 SERVICE LINE 11940 DAILY ROUNDS 503 0. 00 25.00 25.00 11/17/88 11938 INVESTIGATED SEWER STOPPAGE- WATER LEAK 503 0.00 25.00 12. 50 11/16/88 ON SERVICE LINE 11935 DAILY ROUNDS 503 0.00 25.00 25.00 11/16/88 11929 DAILY MOBIL COLLECTION 503 0.00 37.50 225. 00 11/16/88 11928 DAILY ROUNDS 503 0. 00 25. 00 25. 00 11/15/88 11907 CHECKED BACK FLOW PREVENTER - CITIZEN 503 0.00 25.00 12. 50 11/10/88 WILL HANDLE 11924 SEWER DIG-UP 503 0.00 475.00 820.00 11/15/88 11919 DAILY MOBIL COLLECTION 503 0.00 37.50 225. 00 11/14/88 11920 CLEARED SEWER STOPPAGE - JETTED YARD 503 0.00 25. 00 52. 50 11/14/88 LINE 11921 INVESTIGATED SEWER STOPPAGE-FOUND WATER 503 0.00 25.00 12.50 11/14/86 LEAK ON SVC LINE 11947 CLEARED SEWER STOPPAGE AT 304 S. COTTON 503 0. 00 37.50 65.00 11/17/88 BELT 11959 CLEARED SEWER STOPPAGE ON DUNCANWAY 503 0.00 75.00 157.50 11/20/88 11941 DAILY MOBIL COLLECTION 503 0.00 25.00 150. 00 11/17/88 11955 DAILY ROUNDS 503 0.00 37. 50 37.50 11/20/88 11953 DAILY ROUNDS 503 0.00 37.50 37.50 11/19/88 11956 DAILY MOBIL COLLECTION 503 0. 00 50.00 300.00 11/20/88 11958 CLEARED SEWER STOPPAGE - JETTED MAIN 312 503 0.00 25.00 52.50 11/20/88 S. 1ST ST. 11954 MOBIL COLLECTION 503 0.00 50.00 300. 00 11/19/88 11936 DAILY MOBIL COLLECTION 503 0.00 37.50 225.00 11/16/88 11948 DAILY ROUNDS 503 0.00 25.00 25.00 11/18/88 11949 DAILY MOBIL COLLECTION 503 0.00 37.50 225.00 11/18/88 11951 CLEARED SEWER STOPPAGE - JETTED MAIN AT 503 0. 00 25.00 52.50 11/18/88 WBMHP 11952 CLEARED SEWER STOPPAGE - JETTED MAIN AT 503 0.00 25. 00 52.50 11/18/88 312 S. FIRST ST. 12024 INVESTIGATED SEWER STOPPAGE-ON CUSTOMERS 503 0.00 25.00 52.50 11/23/88 SERVICE LINE 12023 REPAIRED SEWER LINE THAT CONSTRUCTION 503 0.00 100.00 150.00 11/23/88 CREW DAMAGED BRN&78 12025 CLEARED SEWER STOPPAGE - JETTED YARD 503 0.00 25.00 52.50 11/23/88 LINE - 805 S. B'HAM Page No. 6 12/06/88 PUBLIC WORKS WORK ORDER REPORT NOVEMBER 1988 WORK ORDER WORK DONE DEPT MATERIALS LABOR EQUIPMENT DATE NUMBER MENT COST COST COST 12026 DAILY ROUNDS 503 0.00 37.50 37. 50 11/24/88 12040 CLEARED SEWER STOPPAGE AT ROADSIDE. HWY 503 0.00 100.00 210.00 11/28/88 78 & KIRBY 12027 DAILY ROUNDS 503 0.00 37. 50 37.50 11/25/88 12028 DAILY ROUNDS 503 0.00 37.50 37.50 11/26/88 12029 DAILY ROUNDS 503 0.00 37.50 37.50 11/27/88 12032 DAILY MOBIL COLLECTION 503 0.00 75. 00 390.00 11/26/88 12031 DAILY MOBIL COLLECTION 503 0.00 67. 75 412.50 11/25/88 12030 DAILY MOBIL COLLECTION 503 0.00 75.00 390. 00 11/24/88 12020 DAILY MOBIL COLLECTION 503 0.00 50. 00 300. 00 11/23/88 12033 DAILY MOBIL COLLECTION 503 0.00 62. 50 375. 00 11/27/88 12036 INVESTIGATED SEWER STOPPAGE-ON CUSTOMER 503 0.00 31. 25 131.25 11/27/88 SVC LINE 321 S. 4TH 12035 CLEARED SEWER STOPPAGE AT 209 E. STONE 503 0.00 50. 00 105.00 11/25/88 12037 CLEARED SEWER STOPPAGE AT 407 E. MASTERS 503 0.00 25.00 52. 50 11/24/88 12038 DAILY ROUNDS 503 0.00 50.00 25.00 11/28/88 11987 DAILY ROUNDS 503 0.00 25.00 25.00 11/23/88 11982 DAILY MOBIL COLLECTION 503 0.00 37. 50 225.00 11/22/88 11981 DAILY ROUNDS 503 0.00 25. 00 25.00 11/22/88 11983 INVESTIGATED SEWER STOPAGE-IS ON 503 0.00 12. 50 52. 50 11/22/88 CUSTOMERS SVC LINE.211 4TH 11960 DAILY ROUNDS 503 0.00 25.00 25.00 11/21/88 11967 CLEARED SEWER STOPPAGE-JETTED YARD LINE 503 0.00 12. 50 52. 50 11/21/88 AT 421 DOGWOOD 11961 DAILY MOBIL COLLECTION 503 0.00 37. 50 225.00 11/21/88 11980 CLEARED SEWER STOPPAGE AT 312 S. 1ST ST. 503 0.00 32. 50 52.50 11/21/88 12052 DAILY ROUNDS 503 0.00 25.00 25.00 11/30/88 12039 DAILY MOBIL COLLECTION 503 0.00 37.50 225.00 11/28/88 12043 DAILY MOBIL COLLECTION 503 0.00 50.00 300.00 11/29/88 12042 DAILY ROUNDS 503 0.00 37.50 37. 50 11/29/88 12053 DAILY MOBIL COLLECTION 503 0.00 37.50 225.00 11/30/88 ** Subtotal ** 0.00 4556. 50 13040.25 *** Total *** 0.00 7279.50 18079.25 /Q3 CITY COMM MOIST ?aka° Sy: John Pitstick COUNCIL MEMBER: Pritzkau DATE: 11-22-88 LOCATION: Public Works work order system NATURE OF I NQO IRT : ?lease provide a list of all equipment and appropriate cost to city council. DEPARTMENT CONTACTED: Public Works INVESTIGATING OFFICIAL: Don White PLEASE RESPOND BY: 12-9-88 *** **** ** t*t******* *** ***** **** ****************** * ** ** *** ** * DEPARTMENTAL RESPONSE DATE RECEIVED: REMARKS: List was given to Mr. Pritzkau on 11-30-88. DATE CITY COUNCIL NOTIFIED OF DISPOSITION: /22 -/3-61227 STATUS : DATE OF FINAL DISPOSITION: Date: December 1, 1988 To : Acting City Manager From: Kay Daniel - Librarian Re: Library Statistics for Month of November 1988 CIRCULATION: Date November 1988 Total 2117 ( Average 111 per day) Adult Circulation 634 Juvenile Circulation 805 Large Print 31 Paper Backs 243 Inter Library Loan 12 7-Day Reserve Books 18 Videos 381 Reference Questions 113 REGISTRATION: New Cards Issued 59 Total cards to date ; 6622 Respectifull Kay Da el - Librarian . • , ' . . • /014 • „ • ; . • , . , ; . • -• ; ' • • ' . ; . . • ' ; - ' . ; ' . . • ; • . , . . . . ; . . ' • ; • . •,;-:. , ; • . I . • . ' •. . ' al 'ow . , • . .'. .1 E I . . • • . • A)0 •,• . • , . . • . ' , ..• . , . . . , . . ; • . ; . ;• : • . . .., . • . A/1 /