10-13-1992 (City Council) Agenda Packet AGENDA
REGULAR MEET=NG
WYLIE CITY COUNCIL
OCTOBER 13 , 1992
7:00 P.M.
MUNICIPAL COMPLEX
Call To Order
Invocation - Pastor Jerry North, Assembly of God Church
Pledge of Allegiance
Presentation to Linda Hamar
Consent Agenda
1. Consider Approval of the Minutes of September 21 and
September 22, 1992
2. Consider Approval of a Resolution Designating the City
Secretary as the Records Management Officer
3 . Consider Approval of a Resolution Supporting the Adopt-a
School Program
Action Items
4. Discuss Disannexation Petition Submitted by David and
Glenda Lott and Consider Approval of an Ordinance
Disannexing 2 Acres Located on SH-78
5. Discuss and Consider Approval of a Final Plat for the
Oakridge Subdivision
6. Discuss and Consider Authorizing the City Manager to
Engage the firm of Rutledge & Crane for Audit Services
7. Discuss and Consider Approval of a Replat of the Moss
Plat Addition
8. Discuss and Consider Authorizing Payment to Jeske
Construction for Rustic Oaks Drainage Improvements
9. Discuss and Consider Approval of an Interlocal Street
Maintenance Agreement with Dallas County
Staff Reports
10. City Manager's Report
11. City Engineer's Report
12. City Attorney's Report
Citizen Participation
Executive Session
13. Hold Executive Session Under Article 6252-17 V.A.C.S. to
Discuss Land Acquisition Re: Potential New Business
14. Take Any Necessary Action as a Result of the Executive
Session
Adjournment
l�
Mary A. Ni ols City Secretary
Posted le 9 , 1992 at b:00P.M.
MINUTES OF THE WYLIE CITY COUNCIL
WORKSESSION
SEPTEMBER 21, 1992
CALL TO ORDER
Mayor John Akin called the meeting to order at 7:00 p.m. with
the following Councilmembers present: Ortie Messenger, Jim Swartz,
Reta Allen, and Bud Naish. Jay Davis and Steve Wright were absent.
1992-1993 STREET PROGRAM
City Manager Steve Norwood outlined alternatives for street
improvement projects in the next fiscal year. Council discussion
ended in general agreement that street projects estimated at a
total cost of $180,000 would include:
* Oak from Cottonbelt to Birmingham
* Birmingham from Marble to Hwy 78
* Jackson from Brown to Marble with the option to extend to
Oak if funds allow
Council agreed to schedule a worksession with the Wylie Development
Corporation to discuss industrial roads.
1992 WASTEWATER PROJECTS
City Engineer Paul Beaver updated Council on the status of
wastewater projects within the City and the likelihood of a future
lift station replacement.
CITY NEWSLETTER
Council proposed topics for and discussed the format of an
upcoming quarterly citizen newsletter.
MANAGEMENT UPDATE
Norwood updated Council on the status of various activities at
City Hall and answered questions of Council.
ADJOURNMENT
As there was no further business to come before the Council
for consideration, the meeting adjourned at 8:55 p.m.
APPROVED
ATTEST
MINUTES OF THE WYLIE CITY COUNCIL
SEPTEMBER 22, 1992
5 CALL TO ORDER
Mayor John Akin called the meeting to order with the following
councilmembers present: Jim Swartz, Reta Allen, Jay Davis, Ortie
Messenger, Steve Wright, and Bud Naish. No councilmembers were
10 absent.
CONSENT AGENDA
a) minutes of September 8, 1992
15
b) Resolution 92-10 expressing support for the Meals on
Wheels program involvement in Wylie
A RESOLUTION OF THE CITY OF WYLIE, TEXAS,
20 EXPRESSING SUPPORT FOR AND ENDORSING THE GOALS
AND EFFORTS OF THE MEALS ON WHEELS PROGRAM
After Council discussion regarding the Meals on Wheels Program,
Naish made a motion to approve the Consent Agenda. Messenger
25 seconded the motion. The motion was voted on and passed
unanimously.
PUBLIC HEARING REGARDING 1992-1993 ANNUAL OPERATING BUDGET
30 Mayor Akin opened a public hearing regarding the proposed
operating budget and as there was no one present wishing to address
this issue, the public hearing was closed. City Manager Steve
Norwood outlined the proposed budget, explained projected revenues
and expenditures, discussed property valuation declines over the
35 past three years, explained city staffing and service levels
proposed in the budget, and discussed the proposed tax rate.
ORDINANCE 92-10 ADOPTING THE 1992-1993 PROPERTY TAX RATE
40 Messenger made a motion to approve the ordinance establishing
the tax rate at $.615 per $100 valuation. Naish seconded the
motion. The motion was voted on and passed unanimously.
AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE
45 CITY OF WYLIE, TEXAS FOR THE YEAR 1992, UPON AL TAXABLE
PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF
PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL
YEAR ENDING SEPTEMBER 30, 1993, AND THE FURTHER PURPOSE
OF CREATING A SINKING FUND TO RETIRE AND THE PRINCIPAL
50 AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY:
PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO
SECURE PAYMENT OF TAXES DUE THEREON: PROVIDING THAT IN
1
THE EVENT ANY PROVISIONS OF THIS ORDINANCE BE HELD
UNCONSTITUTIONAL AND THAT SUCH HOLD HOLDING SHALL NOT
55 AFFECT THE REMAINING PROVISIONS HEREOF: REPEALING ALL
ORDINANCE AND PARTS THEREOF IN CONFLICT HEREWITH AND
PROVIDING FOR PUBLICATION
ORDINANCE 92-11 ADOPTING THE 1992-1993 ANNUAL OPERATING BUDGET
60
Messenger made a motion to adopt the ordinance establishing
the operating budget for 1992-1993. Naish seconded the motion.
The motion was voted on and passed unanimously.
65 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A
BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 1993 ,
BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 1993 :
REPEALING ALL CONFLICTING ORDINANCE: CONTAINING A
SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE
70
SPECIAL USE PERMIT FOR FUND-RAISING EVENT AT THE PICNIC PAVILION
Naish made a motion to approve a Special Use Permit for the
Hillcrest Manor Nursing Home to conduct a baby pageant and sell
... 75 special event items at the picnic pavilion. Wright seconded the
motion. The motion was voted on and passed unanimously.
RESOLUTION 92-11 AUTHORIZING THE CITY OF WYLIE TO PARTICIPATE IN
TEXPOOL INVESTMENTS
80
Finance Director Brady Snellgrove explained that Texpool
pools funds from cities, counties, school districts, and other
public entities to invest public funds safely at a higher interest
rate and for a shorter period of time that if the funds were
`" 85 invested individually. He stated that over 600 cities in the state
participate in Texpool and draw an average of 4.5% interest. Naish
made a motion to approve the resolution. Allen seconded the
motion. The motion was voted on and passed unanimously.
90 PAYMENT AUTHORIZATION TO PROCESS CONTROL SYSTEMS, INC. (PCS) FOR
INSTALLATION OF WATER CONTROL SYSTEM IN AMOUNT OF $10,500
City Engineer Paul Beaver explained that PCS had installed a
distributive water control system which used North Texas Municipal
- 95 Water District's telemetry system radio waves to coordinate and
monitor flows at the City's elevate tank, ground storage facility,
and control system located on the NTMWD water treatment site.
Swartz made a motion to approve payment. Naish seconded the
motion. The motion was voted on and passed unanimously.
100
STAFF REPORTS
The City Engineer Paul Beaver reported that the landfill was
filled and that water piping was to be removed in a few weeks.
2
105 City Attorney Steve Deiter updated Council on recently dismissed
claims against the City of Wylie.
EXECUTIVE SESSION
110 Council adjourned into Executive Session under Article 6252-17
V.A.C.S. to discuss potential litigation regarding former employee
William Naylor. No action was taken during Executive Session.
Upon reconvening into regular session, Wright made a motion to deny
a request from Naylor and to instruct the staff to investigate
115 possibility of a counter suit. Naish seconded the motion. The
motion was voted on and passed unanimously.
CITIZEN COMMENT
120 Lois Swartz, 506 W. Jefferson Street, commended the Council
and City Manager on a frugal budget and expressed her appreciation
for the work of the council and staff.
ADJOURNMENT
125
As there was no further business to come before the Council
for consideration, the meeting adjourned at 8:10 p.m.
- 130
APPROVED
ATTEST
3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, DESIGNATING A RECORDS
MANAGEMENT OFFICER TO COORDINATE RECORDS
MANAGEMENT ACTIVITIES FOR THE CITY OF WYLIE IN
ACCORDANCE WITH THE TEXAS LOCAL GOVERNMENT
RECORDS ACT
WHEREAS, the 71st Legislature enacted the Texas Local
Government Records Act of 1989 that governs the destruction,
preservation, microfilming, electronic storage, and other
disposition of the records of all local governments, and
WHEREAS, the City Council of the City of Wylie adopted
Ordinance 91-20 providing for a records management program and
providing that the City Secretary shall serve as the records
management officer, and
WHEREAS, the Texas Local Government Records Act requires that
the name of such Records Management Officer be filed of record with
the Texas State Library
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Wylie that Mary Nichols, City Secretary for the City of Wylie,
Texas, is heretofore named as the Records Management Officer for
said City.
DULY PASSED AND APPROVED this the 13th day of October, 1992.
APPROVED
ATTEST
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, ACKNOWLEDGING PARTICIPATION
AND ENCOURAGING DEPARTMENTAL SUPPORT OF THE
PARTNERS IN EDUCATION PROGRAM WITH THE WYLIE
INDEPENDENT SCHOOL DISTRICT
WHEREAS, The City of Wylie has accepted the invitation of the
Wylie Independent School District to participate in a Partners in
Education Program, and
WHEREAS, The City Council of the City of Wylie recognizes the
significance of city government in local government education, and
WHEREAS, The City of Wylie has adopted Wylie High School as
the its partner in education, and
WHEREAS, the City Council of the City of Wylie is anxious to
support community involvement and local government education, share
the City's educational resources, and promote open communication
between the Wylie Independent School District and the City of Wylie
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Wylie that:
SECTION 1. That the City Council of the City of Wylie does hereby
support and encourage participation from all City departments in
the Partners in Education Program with the Wylie Independent School
District.
SECTION 2. That the City of Wylie will make every effort to
increase local government understanding and awareness at Wylie High .
School through educational programs, participation in school
activities and local government official accessibility to the High
School students.
DULY PASSED AND APPROVED this the 13th day of October, 1992.
APPROVED
ATTEST
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STFnFN P_ DgITER
DATE REFERENCE NO. SUBJECT
10-8-92 DISANNEXATION OF LOTT PROPERTY
SUMMARY OF SUBJECT:
The Lotts have requested their property be disannexed from the City since the
the City has not provided sewer and water services to the property. Subsequent
to their last appearance before the council all paper work required for disannexation
has been completed and filed.
T
The actual disannexation is accomplished by ordinance. A proposed ordinance
is submitted herewith for Councils consideration.
ALTERNATIVES:
1. Pass Ordinance as proposed.
2. Make appropriate modifications to proposed Ordinance and then pass it.
3. Deny the request for disannexation and not adopt the Ordinance.
ACTION REOUESTED:
The first alternative of passing the ordinance as proposed is requested, if Council
continues to desire to grant the request for disannexation.
MEMORANDUM
1`TO: City Council
PROM: Steven P. Deiter
SUBJECT: Disannexation of Lott Property
DATE: October 8, 1992
The last time the above issue was before the Council I was
directed by the Council to assist the Lotts in preparing a Petition
for Disannexation of their property from the City for non-provision
of services.
I prepared a sufficient petition, notices and related
documents to accomplish the Lott's request for disannexation. I am
forwarding herewith the Petition, Notices, Affidavit and my letter
describing the disannexation procedure.
I am of the opinion that all prerequisites relative to passage
of an ordinance disannexing the Lott property have been fully
complied with. Therefore I have prepared for the Council's
consideration disannexation ordinance.
Now that all procedural requirements have been met the council
has little discretion, under state law, and must either adopt the
disannexation ordinance or be subject to an order of the District
Court Compelling such disannexation.
I would call your attention to Section 43.141(c) of the LGC,
a copy of which is attached, as it provides that this property may
not be annexed (or re-annexed as the case may be) for five years
after the disannexation. If and when it is re-annexed the service
must be then provided in one year instead of the usual four and
one-half years.
Should any of you have any question on this matter please do
not hesitate to contact me at your convenience.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING LOT 14
OF R.D. NEWMAN SURVEY, ABSTRACT NO. 660, COLLIN COUNTY, TEXAS, AND
CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE
ACCORDINGLY, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City annexed, on an involuntary basis, the
following described property, to wit:
Lot 14 of R.D. Newman Survey, Abstract 660 , Collin County,
Texas (herein referred to as the subject property)
on or about the 13th day of May, 1986 by virtue of Ordinance No 86-
50, which was duly passed and adopted on said date; and,
WHEREAS, the subject property has remained in the city from
and after its annexation thereto, but the City has failed to
provide municipal water and sewer services to the subject property
in the six and one half years following its annexation and such
property continues to be without such service as of this date; and,
WHEREAS, the owners of the subject property have file a valid
petition with the City Secretary requesting disannexation of the
subject property from the City on the basis of the City's having
failed to provide water and sewer services as aforesaid; and,
WHEREAS, whereas all requisites relative to consideration and
granting of such request appear to have been complied with by the
owners, specifically including without limitation publication of
notice of such petition on the subject property and in the official
City Newspaper, all as required by Section 43 . 141 of the Texas
Local Government Code (LGC) ;and,
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF WYLIE, TEXAS, as follows:
SECTION I
That the subject property, as hereinabove described, and
designated on the plat map attached hereto as Exhibit A, should be
and the same hereby is disannexed from the corporate limits of the
City of Wylie, and the City's boundaries are contracted
accordingly.
SECTION II
It is the intent of this ordinance to disannex all the
aforesaid Lot 14 and in the event that said Lot 14 has different
dimensions this date than when annexed this Ordinance shall be
effective as to that property currently described as Lot 14.
ORDINANCE NO. PAGE TWO
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase
or section of this ordinance be adjudged or held to be
unconstitutional, illegal or invalid the same shall not affect the
validity of this ordinance as a whole or any part or provision
thereof, other than the part or parts as declared to be invalid,
illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and
after its adoption by the City Council and publication of its
caption as the law and the City Charter provide in such cases.
SECTION V
That all other ordinances and code provisions in conflict
herewith are hereby repealed to the extent of any such conflict or
consistency, the above referenced Ordinances No. 86-50 and the
territory annexed thereby shall be unaffected by the provisions
hereof except as to the subject property herein described.
DULY PASSED AND APPROVED by the City Council of the City of
Wylie, Texas, this 13th day of October, 1992.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
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PETITION FOR DISANNEXATION
COMES NOW David Mark Lott and Glenda Faye Lott and for
their petition for disannexation from the City of Wylie allege and
state as follows:
1. That the petitioners residence and address is 2501 S. Hwy
78 , in the City of Wylie, Collin County, Texas 75098 .
2 . That these petitioners are qualified voters of the 56th
Precinct in the City of Wylie , Collin County, Texas , whose voter
registration numbers are indicated below opposite their signatures.
3 . That these petitioners constitute all of the residents and
property owners within the area hereinafter described .
4. That these petitioners request disannexation of the
following described real estate, to wit:
Lot 14 (as the same now exits) of R.D. Newman Survey,
Abstract 660, Collin County , Texas (herein referred to
as the subject tract)
from the City , pursuant to Section 43. 141 of the Texas Local
Government Code.
5. The Petitioners submit herewith, as Exhibit A, and
incorporate herein by reference, a copy of the plat of the subject
tract .
6. That the subject tract was involuntarily annexed into the
City of Wylie (City) on or about the 13th day of May, 1986 by
Ordinance No. 86-50.
7. That the City has failed or refused to provide, or cause to
be provided, water and sanitary sewer services to the subject
tract in the period following such annexation, nor have actions to
provide such services been commenced as of the date of this
petition.
8. That by reason of such failure to provide the aforesaid
municipal services the Petitioners have a right under the above
referenced section of the Texas Local Government Code to request
disannexation and have the same granted by the Governing Body of
the City.
9. That Petitioners have given all required notices and attach
hereto as Exhibits B and C, respectively, the Affidavit concerning
posting and the Affidavit concerning publishing .
PETITION FOR DISANNEXATION PAGE TWO
WHEREFORE, the Petitioners respectfully request the governing
body of the City of Wylie to disannex the subject tract from the
City according to law. '
4IBy ,2 Voter Registration No. 176150
David Mark Lott
By Voter Registration No.181334
lends Faye Lott
VERIFICATION
The undersigned David Mark Lott and Glenda Faye Lott, both
being of lawful age and each being duly sworn, on their respective
oaths allege and state as follows:
That they are the Petitioners above named , that they have read
and are personally familiar with the statements made in the above
and foregoing Petition and that all statements are true and correct
to the best of their knowledge and belief .
David Mark Lott
Glenda Faye Lott
SUBSCRIBED�AND SWORN TO before me the undersigned notary
public this ' day of September, 1992 .
Notary Public
176-50-tt •dx3 •ww03
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(S Ab¢exal;o a;e;S xis"
(19f1d AaylON o r
SNITi00 bi1Nd �� �,�` ,
AFFIDAVIT
STATE OF TEXAS )
SS:
COUNTY OF COLLIN)
The undersigned Glenda Faye Lott , of lawful age on being first
duly sworn, on her oath alleges and states as follows:
1 . That she is one of the voters who signed the Petition for
Disannexation from the City of Wylie, Texas for the area described
as Lot 14 of R. D. Newman Survey, Abstract No. 660, Collin County ,
Texas (said area bering herein referred to as the subject area) .
_., 2. That before circulation of the Petition for Disannexation
this affiant posted a copy of the Petition in three public places
in the subject area, to wit: along the Northern boundary as the
same faces State Highway 78 on the gate entrance to the property
and one at or near the East and West boundaries to along said
highway.
3. This affiant personally caused the same to be posted for a
period of ten days commencing on the 3 — day of September, 1992
and ending on the �-g - day of September, 1992, inclusive .
4 . That this affidavit is given pursuant to Sec. 43 . 141 of the
Local Government and may be attached to any Petition filed pursuant
to said section in relation to the disannexation of the subject
area.
FURTHER AFFIANT SAYETH NOT.
By C7A"
Glenda Faye of
SUBSCRIBED AND SWORN TO before me the undersigned Notary
Public this 4---day of {e,et , 1992 .
• !�!* '^�; ANRA COLLINS
a NOTARY PUBLIC Notary Public
[S ,f State of Texas
,,,,. :scum:flips 1341944
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEVEN P. DEITER
DATE REFERENCE NO. SUBJECT
10-8-92 CONSIDERATION OF FINAL PLAT FOR OAKRIDGE SUBDIVISION
SUMMARY OF SUBJECT:
This matter placed on the agenda at the request of the developer, Dwight Scott.
As of this date he has not satisfied the requirments for a suitable drainage easement
which the City has requested. In the event he would come forward with the requested
documents prior to the meeting staff will provide Council further updated information
on the subject at the time of the meeting.
Obviously the council will need to act on this matter by way of approval or
disapproval in the near future.
ALTERNATIVES:
The possible alternatives will be effected by what, if any, further documentation
the developer is able to come up with prior to the meeting. Assuming he has not
satisfied all requirements by the meeting Council could once again table the matter
for later consideration at the October 27 meeting.
The council could also take action to disapprove, of not approve, the final plat.
ACTION REQUESTED:
Staff recommendation is for the matter to be tabled to the October 27
meeting at which time the final plat would be considered on its merits and
appropriate action taken by the council. A significant factor in making this
request is that 'even if the required documents come in before the meeting,'_-
there will not be sufficient time to reveiw them and make appropriate
recommendations to Council
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO — xx MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
xx CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF „CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
£qCIRTY MANA
G CITY MAN GER
ITEM NO. 3 - DISCUSS AND CONSIDER APPROVING INTERLOCL
AGREEMENT WITH FARMERSVILLE FOR DISPATCH SERVICE: In answer
to a question from the Council , City Manager Steve Norwood
stated that Chief Hightower recommends that if this
agreement is approved, the City not enter into any more
agreements of this nature until hisdepartment has had time
to evaluate their ability to handle the additional work load
without adding personnel. Following---the_.__iscussion, a
motion was made by Councilmember Reta Allen to approve the
interlocal agreement with Farmersville for Dispatch Service
to be provided by City of Wylie for Farmersville, seconded
by Councilmember Wright. Vote as follows: Mayor Akin -
yes; Mayor Pro Tem Swartz - yes; Councilmember Allen - yes;
Councilmember Wright - yes; Councilmember Messenger - yes;
Councilmember Naish - yes. Motion carried 6-0.
ITEM NO. 4 - DISCUSS AND CONSIDER APPROVING THE FINAL PLAT
FOR OA RIDGE SUBDIVISION: City Engineer Paul Beaver stated
that the required easements had not yet been received and
was therefore recommending the tabling of this item.
Dwight Scott, developer oL Oakidge-ubdivision stated that
the easement was a",-formality and- 'asked the Council to
approve the plat. Councilmember Naish expressed a concern
over the lack of dual access into the subdivision. Mr.
Scott stated there would be dual access and possibly triple
access; however, it would not be available until after the
50th lot had been built. oakridge Subdivision will have a
total of 89 building lots. A motion was made by
Councilmember Wright to table "-this item, seconded by
Councilmember Allen. Vote-as--follows: Mayor Akin - yes;
Mayor Pro Tem Swartz - yes; Councilmember Allen - yes;
Councilmember Wright - yes; Councilmember-Messenger - yes;
Councilmember Naish - yes. Motion carried 6-0._
ITEM NO. 5 - DISCUSS AND CONSIDER APPROVING INVOICE 1917E
FROK HEIMBERGER ASSOCIATES. INC. IN THE AMOUNT OF $8.853.51
FOR ADDITIONAL SERVICES FOR LANDFILL CLOSURE: In response
to a question from the Council, y-Engiae r Paul Beaver
stated that this amount i d ate-ove th�c contracted
figure for the landfill closure. However, fiis expenditure
was _, that was not expected and resulted from a change
ordere by the State for closure. A motion was made by
' Councilmember Naish to approve payment of Invoice 1917E from
Helmberger Associates, Inc. in the amount of $8,853.51 for
additional services related to the landfill closure.
Seconded by Mayor Pro Tem Swartz. Vote as follows: Mayor
Akin - yes; Mayor Pro Tem Swartz - yes; Councilmember Allen
- yes; Councilmember Wright - yes; Councilmember Messenger -
yes; Councilmember Naish - yes. Motion carried 6-0.
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: FINANCE DEPARTMENT DIRECTOR: BRADY SNELLGROVE
DATE REFERENCE NO. SUBJECT
10/08/92 AUDIT SERVICES FOR FISCAL YEAR ENDING 09/30/92
SUMMARY OF SUBJECT:
The staff is recommending the audit firm of Rutledge Crain & Company be
engaged (renewal) to perform the outside audit for the Fiscal Year ending
September 30, 1992. According to the bid proposal, renewal options are
subject to review by the City Council. This firm did an excellent job
"' for the City last year. The projected cost for all services (audit,
CAFR, copies) is $10,775.
ALTERNATIVES:
1) Engage Rutledge Crain & Company for the 1992 audit.
2) Solicit .bids for a new audit firm.
- ACTION REQUESTED:
_... Authorize the City Manager to sign the attached audit engagement
letter from Rutledge Crain & Company, which is for the Fiscal
Year ending 09/30/92 _
B. • A
'..1 1 ',YAM z'T.3
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
10-131-56510-0000 - General Fund
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
- SUPPORTING DOCUMENTS:
X BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS X OTHER
MINUTES LEGAL
REVIEWED BY:
X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
x DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
TING a GER
MEMORANDUM
DATE: October 8 , 1992
TO: Steve Norwood, City Manager
FROM: Brady Sneligrove, Finance Director
SUBJECT: Audit Services for Fiscal Year Ending September 30 , 1992
The City of Wylie selected Rutledge Crain & Company, PC (Auditors)
as our outside independent auditors last year . The bid proposal
specified that the engagement is subject to renewal for up to three
additional years , based on review by the City Council of the firm' s
performance and projected costs . The Finance staff is pleased with
the quality of the work performed and the excellent working
relationship with the Auditors . The Auditors have a good
understanding of our current accounting system and will work
closely with us as we convert the year end data to the new
accounting structure. It is my recommendation that the City engage
Rutledge Crain & Company for the Fiscal Year ending September 30 ,
1992 . Listed below is a schedule of the proposed audit fees .
1992 Proposed 1991 Actual
Audit Fee $8 ,775 $8 ,500
CAFR Preparation 1 , 550 1, 500
CAFR Copies (50) 450 494
Total $10 , 775 $10 , 494
Enclosed is a copy of the audit engagement letter from Rutledge
Crain & Company.
RUTLEDGE CRAIN & COMPANY, PC
CERTIFIED PUBLIC ACCOUNTANTS
1601 E. Lamar, Suite 109
Arlington,Texas 76011
Metro(817)265-9989 Fax(817)861-9623
August 11, 1992 •
City of Wylie
do Mr. Brady E. Snellgrove, Director of Finance
2000 Hwy. 78N.
Wylie, Texas 75098
We are pleased to confirm our understanding of the services we are to provide for the City of
Wylie, Texas for the year ended September 30, 1992. We will audit the general purpose financial
statements of the City of Wylie, Texas as of and for the year ended September 30, 1992.
Our audit will be made in accordance with generally accepted auditing standards and will include
tests of the accounting records of the City of Wylie, Texas and other procedures we consider
necessary to enable us to express an unqualified opinion that the financial statements are fairly
presented, in all material respects, in conformity with generally accepted accounting principles. If
our opinion is other than unqualified, we will fully discuss the reasons with you in advance.
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may include tests of the physical existence of inventories, and direct
confirmation of receivables and certain other assets and liabilities by correspondence with selected
individuals, creditors, and financial institutions. We will request written representations from your
attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the
conclusion of our audit, we will also request certain written representations from you about the
financial statements and related matters. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the financial statements; therefore, our audit will
involve judgment about the number of transactions to be examined and the areas to be tested.
Also, we will plan and perform the audit to obtain reasonable assurance about whether the
financial statements are free of misstatement. However, because of the concept of reasonable
assurance and because we will not perform a detailed examination of all transactions, there is a
risk that material errors irregularities, or illegal acts, including fraud or defalcations, may exist and
not be detected by us. We will advise you, however, of any matters of that nature that come to
our attention. Our responsibility as auditors is limited to the period covered by our audit and does
not extend to matters that might arise during any later periods for which we are not engaged as
auditors.
We understand that your employees will prepare all confirmations we request and will locate any
invoices selected by us for testing.
Our audit is not specifically designed and cannot be relied on to disclose reportable conditions,
that is, significant deficiencies in the design or operation of the internal control structure.
However, during the audit, if we become aware of such reportable conditions or ways that we
Members:
Christian A.Rutledge,CPA American Institute of Certified Public Accountants Lewis Crain,CPA
Texas Society of Certified Public Accountants
believe management practices can be improved, we will communicate them to you in a separate
letter.
We expect to follow the work schedule as detailed in our proposal dated August 28, 1991
(adjusted for dates in current year). We will observe the requirements of the City's RFP entitled
General Conditions - Scope of Audit and the Proposed Fee and Term subsections of Instructions
for Submitting Proposal.
Our fees for these services will be based on the actual time spent at our standard hourly rates for
audit engagements, plus out-of-pocket costs such as typing and postage, etc. Our invoices for
these fees will be rendered each month as work progresses and are payable on presentation.
Based on our preliminary estimates, the fee should approximate $8,775. If the City elects to
engage us to assist in the preparation of the City's CAFR, our additional fees will be
approximately $1,550 for preparation of the Introductory and Statistical sections and $450 for 50
bound copies of the CAFR. This estimate is based on anticipated cooperation from your
personnel and the assumption that unexpected circumstances will not be encountered during the
audit. If significant additional time is necessary, we will discuss it with you and arrive at a new
fee estimate before we incur the additional cost.
We appreciate the opportunity to be service to the City of Wylie, Texas and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please
let us know. If you agree with the terms of our engagement as described in this letter, please sign
the enclosed copy and return it to us.
Very truly yours,
RESPONSE:
This letter correctly sets forth the understanding of the City of Wylie, Texas.
By:
Title:
Date:
City of Wylie
•
AGENDA COMMUNICATION
SUBMITTED BY: Mi rhaal Rrhmi rlt DIRECTOR: Pa„1 n RPavpr
DATE REFERENCE NO. SUBJECT
October 7, 1992 Moss Addition Plat
SUMMARY OF SUBJECT:
Division of 7.68 acres into two lots:
Lot one (1) 3.6 acres
Lot two (2) 4E6 acres
3ik
ALTERNATIVES:
ACTION REQUESTED:
Consent Agenda Item. Recommend that the Preliminary Plat be approved for construction.
•
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REVENUE SOURCES: EXPENDITURE ACCOUNTS:
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ElOVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • S
CAPITAL ❑ RECURRING 0 OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE x DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MAN GER
ACTING CITY MANAGER •
MEMORANDUM
TO: THE CITY COUNCIL
FROM: MICHAEL SCHMIDT, BUILDING OFFICIA
DATE: OCTOBER 8 , 1992
SUBJECT: MOSS ADDITION PLAT
An investigation and review of the proposed Moss Addition
Preliminary Plat by my office shows the following:
1 . Proposed division of 7 . 6068 acres .
(a . ) Lot 1 , 3 . 614 acres (East lot)
-... (b. ) Lot 2 , 3 . 644 acres (West lot )
2 . Preliminary proposal of improvements to Lot 1 meet
zoning requirements (B-2 ) .
3 . All shown easements , water lines , future water lines ,
fire hydrants , approaches are per City specifications .
4 . The required dedication easement for FM 544 widening is
shown.
5 . The legal description as prescribed by ordinance is
provided.
I recommend that the Preliminary Plat as submitted be approved.
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City of Wylie
•
AGENDA COMMUNICATION
- SUBMITTED BY: Pa.. I Aaavar DIRECTOR: Fngi nPPring (6)
DATE REFERENCE NO. SUBJECT
9/28/92 Jeske Construction Company
Pay Estimate No. 1
Rustic Oaks Drainage Ditch
SUMMARY OF SUBJECT:
Attached is Pay Estimate No. 1 from Jeske Construction Company in the
amount of $20, 196. 00 for work accomplished on the Rustic Oaks Drainage
Ditch, including loading, hauling, and filling clay, installing 12" rock
rip rap, bermuda grassing and removal /installation of 6' wood fence.
This payment represents 39% completion of the City Council approved
$51, 842 contract amount.
ALTERNATIVES:
_,. No alternative is recommended.
ACTION REQUESTED:
Payment is recommended. -
- -
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A Rustic 0aka Drainage Ditch
BUDGETED FISCAL YEAR(s):
N/A
ESTIMATED EXPENDITURE:
$ t70 1 QR cm
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS 0 ONE-TIME 0 • S
CAPITAL 0 RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET LIE CODE OTHER
MAP. PLAN. SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
— POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. -
FIRE CHIEF . - DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
• APPROVED FOR SUBMISSION TO CITY COUNCIL
_- _ --
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' CITY MANAGER
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II, uNTY OF
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..15Y �tie;7 ` 4''' DALLAS COUNTY
`'�. ,ice
'°Tf of j'.} COMMISSIONER DISTRICT 2
NANCY E.JUDY
September 18 , 1992
TO: City of Wylie
Attn: Paul Beaver
FROM: Raymond Morgan, SuperintendenA
hleN
SUBJECT: MASTER INTERLOCAL AGREEMENTS
Attached is a "Master" interlocal agreement for execution by the
City of Wylie for Road and Bridge work. This revised agreement
should be formally reviewed and executed by your City Council if
you desire work to be performed under Dallas County' s current Road
and Bridge Policy. Two aspects of this agreement are different
from previous agreements :
1 . Reference is now made to "Chapter 791 of the Texas
Government Code" instead of VACS , Article 4413 (32c) .
2 . The "master" agreement is intended to be automatically
renewed each year until superseded or terminated.
Additionally Section 791 .014 of Chapter 791 requires specific
written approval by the Dallas County Commissioners Court for any
_,. Road and Bridge project . The required approval must :
1) be given in a document other than this master agreement;
2) describe the type of project to be undertaken; and
3) identify the project location.
The current interlocal agreement expires on September 31 , 1992. In
order for our office to perform any work in your city after this
date the interlocal agreement must be approved by your City Council
and by the Commissioners Court.
Your assistance in expediting this agreement would be beneficial to
both the City of Wylie and Dallas County.
Thank you.
Attachment
715 Rowlett Road Garland, Texas 75043 240-1740
411 Elm Street Dallas, Texas 75202 749-8361
State of Texas S
County of Dallas S
CITY/COUNTY AGREEMENT
WHEREAS, the City of Wylie , hereinafter
called "City, " and the County of Dallas, hereinafter
called "County, " desire to enter into an annual agreement
for maintenance and improvement of city streets by the
County;
WHEREAS, Chapter 791 of the Texas Government Code, as amended,
provides authorization for local governments to enter
into interlocal contracts;
WHEREAS, the Dallas County Commissioners Court has adopted Order
No. 84-659, establishing the County Road and Bridge
Policy and Order No. 92-1254 amending the official County
Road List;
NOW, THEREFORE, THIS MEMORANDUM OF AGREEMENT is hereby made and
entered into by the City and the County upon and for the mutual
consideration stated herein:
PURPOSE:
The terms and conditions set forth within this Agreement provide
the cooperative framework for the City and the County to undertake
a variety of transportation planning, engineering, design,
construction, and maintenance functions, services and activities.
Unless specifically delineated and defined herein, all such
functions, services and activities must be approved in advance of
project initiation by the Commissioners Court of Dallas County.
Such approval will require, at a minimum, project definition of
scope, type, location and estimated resources required by the City
and by the County.
WITNESSETH:
I.
The City may request the County to perform services on the City's
street system during the period from October 1, 1992 through
September 30, 1993 . This Master Agreement shall thereafter be
automatically renewed each year for the same period of time until
superseded by a supplemental agreement or earlier terminated as
provided by this agreement. Services may include improvements and
maintenance of thoroughfares and bridges of major cross-county
importance which are either existing or proposed or improvements
and maintenance of minor (local) streets, roads, bridges and
drainage facilities for a governmental entity as defined under
Page 1 of 3
Chapter 791, Texas Government Code, Interlocal Cooperation Act.
Such work may include scarifying, stabilizing, grading, patching,
seal coating, signing, pavement marking, mowing, widening, re-
sectioning, overlaying and other repair or improvement projects.
II.
The City agrees to reimburse to the County the total cost of all
work performed (including labor, equipment, materials and
administrative costs) on Type "E" streets on a monthly basis upon
billing by the County. The City agrees to reimburse the County 50%
of the total cost of work performed on Type "B" and Type "C"
streets, as outlined in the current Dallas County Road and Bridge
Policy.
III.
The City agrees to indemnify and save harmless the County from any
liability or damages the County may suffer as a result of claims,
demands, costs or judgements against the County arising out of the
performance of the work and services under this agreement or
arising from any accident, injury to damage whatsoever, to any
person or persons, or to the property of any person(s) or
corporation(s) occurring during the performance of this agreement
and on or about this project, except for any liability or damages
caused by the negligence of the County, it's agents, officers
and/or employees.
IV.
The City agrees to allow the County to make routine special studies
of traffic conditions within the City. These studies may include
traffic counts, and measurements of speed, delay and other factors.
Any such studies conducted for County purposes and not specifically
requested by the City will be at County expense.
V.
The City agrees to notify the County Department of Public Works
within 30 days of any annexations or de-annexations to allow the
County to accurately maintain the Official Road List.
VI.
Specific projects to be undertaken by the terms and conditions of
this agreement must be defined and clearly detailed in scope, type,
location and party or parties performing the governmental functions
or services. All payments must be in amounts that fairly
compensate the performing party for the services or functions
performed and shall be made from current revenues available to the
paying party. Specific project detail must be documented and
supplied for individual project approval before the project is
Page 2 of 3
begun. Pavement marking projects performed by the County for the
City will require the City to provide appropriate traffic control.
Such control may include, as traffic volume and conditions warrant,
flagging, cones, barricades, shadow vehicles, arrow boards, signs
and other desirable actions specified by the Texas Manual on
Uniform Traffic Control Devices (MUTCD) .
VII.
Either City or County may terminate this agreement by providing the
other party thirty (30) days written notice of its intent to
terminate. The written notice of the intent to terminate shall be
delivered to the following:
City Manager Director of Public Works
City of Dallas County
411 Elm Street, 4th Floor
Dallas, TX 75202
BILLING:
All work will be billed within the first five (5) working days
after the end of the month in which it was performed. All invoices
are due upon receipt. Escrowed funds are to be paid over to the
County on a monthly basis under the same terms. A copy of each
invoice is to be sent to the County Auditor as it is prepared for
accounts receivable control.
MISCELLANEOUS:
City and County certify that this interlocal contract is executed
in accordance with the governing provisions of the Texas Interlocal
Cooperation Act, as amended, and that any required separate
documented approval by the County will be accomplished as a
condition precedent to the execution of this agreement.
The City of , has executed this Agreement
pursuant to duly authorized City Council Resolution No.
dated . The County of Dallas has executed
this Agreement pursuant to Commissioners Court Order No.
on this day of , 1992 .
CITY OF COUNTY OF DALLAS
_ex By: By:
County Judge
APPROVED AS TO FORM:
_ h. Civil District Attorney
Page 3 of 3