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11-09-1993 (City Council) Agenda Packet WYLIE CITY COUNCIL November 9, 1993 7:00 P.M. MUNICIPAL COMPLEX AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex November 9, 1993 7:00 p.m. CALL TO ORDER INVOCATION - Reverend Don Yeager CONSENT AGENDA 1 . Consider Approval of the Minutes of October 26, 1993 2. Consider Cancelling Second Council Meetings in November and December 3. Consider Approval of a Resolution Authorizing Submission of a Grant Application to the Texas Department of housing and Community Affairs ACTION ITEMS 4. Discuss and Consider Approval of an Ordinance Regulating Basic Cable Rates 5. Discuss and Consider Award of Proposal for Health Insurance Services 6. Discuss and Consider Award of Proposal for Supplemental Life and Accidental Death Insurance Services 7. Discuss and Consider Approval of a Resolution Declaring Expectation to Reimburse Expenditures with Proceeds of Future Debt 8. Discuss and Consider all Matters Incident and Related to Providing for the Execution and Delivery of $400,000 "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 1993", Dated November 1 , 1993, Including the Passage and Adoption of an Ordinance Providing for the Execution and Delivery of such Obligations and Approving and Authorizing the Execution of a Paying Agent/Registrar Agreement 9. Discuss and Consider Approval of a Resolution Casting Votes for Central Appraisal District Board of Directors 10. Discuss and Consider Action Related to Bids on Sewer Jet Machine 11 . Discuss and Consider Approval of an Agreement with Dr. Pepper for Scoreboards EXECUTIVE SESSION 12. Hold Executive Session Under Chapter 551 .071 , Government Code to Discuss Doyle Spurgin vs. City of Wylie 13. Reconvene Into Regular Session and Consider Action Related to Doyle Spurgin vs. City of Wylie ADJOURNMENT Posted this the 5th dby of dvember, 1993 at 5:00 p.m. MINUTES OF THE WYLIE CITY COUNCIL October 26, 1993 CALL TO ORDER 5 Mayor Pro-Tern Jim Swartz called the meeting to order with the following councilmembers present: John Mondy, Reta Allen, Steve Wright, and Ortie Messenger. Mayor John Akin and Councilman Bud Naish were absent. 10 CONSENT AGENDA Council considered approval of the Consent Agenda which consisted of the following items: 15 (1) minutes of October 12, 1993 (2) a contract with Hogan Corporation for engineering services Messenger made a motion to approve the Consent Agenda. Wright seconded the 20 motion. The motion was voted on and passed unanimously. PUBLIC HEARING AND ORDINANCE NO. 93-48 AUTHORIZING A SPECIFIC USE PERMIT FOR ACCESSORY STRUCTURES, SWIMMING POOL, AND PLAY AREA AT REDWOOD ON THE LAKE MOBILE HOME PARK 25 Ken Shouse, manager of Redwood at the Lake Mobile Home Park addressed the Council and outlined the improvements proposed as well as improvements already completed by the new property management. He agreed to the Planning and Zoning Commission's recommendations and accepted that the drainage easement could be 30 accessed with non-compensated damage to any pavement covering the easement. Council discussed the Commission recommendation that requires completion within 24 months and Wright made a motion to approve the ordinance with amendment to require 24 month deadline for completion. Messenger seconded the motion. Upon the reading of the caption, the motion was voted on and passed unanimously. 35 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A PORTION OF PROPERTY PRESENTLY ZONED MH-MOBILE HOME PARK, GENERALLY LOCATED ON COUNTY UNE ROAD AT ITS INTERSECTION WITH THE ROCKWALL-DALLAS COUNTY LINE, AND COMMONLY KNOWN AS REDWOOD ON THE LAKE (f/k/a LAKE RAY 40 HUBBARD MOBILE HOME PARK),BY ALLOWING THE CERTAIN ACCESSORY STRUCTURES, SWIMMING POOL, AND RECREATION AREA ON SAID PREMISES, PLACING CERTAIN CONDITIONS THEREON; AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), AND ORDINANCE AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A 45 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE PUBLIC HEARING ON ORDINANCE NO. 93-49 ADDING AUCTION HOUSES AS A LISTED USE IN THE COMPREHENSIVE ZONING ORDINANCE 1 Norwood explained that auction houses were not currently a permitted use in any 50 of the categories of the Zoning Ordinance. He outlined the Planning and Zoning Commission's recommendations for allowing auction houses as a permitted use in certain zoning classifications and with a specific use permit in others. Doyle and Teresa Spurgin stated their opposition to the proposed amendment and requested that auction houses be allowed in Retail districts. As there was no one else wanting to address this 55 issue, the public hearing was closed. Council discussed the uses allowed in retail zoning and the business proposed by the Spurgins. After Council discussion, Wright made a motion to adopt the ordinance with the amendments recommended by the Planning and Zoning Commission with an additional amendment to allow indoor auction houses with no outside storage or livestock in the retail classification with a specific use 60 permit. Mondy seconded the motion. The motion amended the Zoning Ordinance as follows: Zoning Category Permitted Use Requires Specific Use Permit Retail Indoor Auction House with No Outside Storage or Livestock 65 B-1 Indoor Auction House with No Indoor Auction House with Outside Storage or Livestock Outside Storage B-2 Indoor/Outdoor Auction with No Livestock Industrial Indoor/Outdoor Auction with Livestock Auction Outside Storage Agricultural Livestock Auction 70 Upon the reading of the caption, the motion was voted on and passed with all in favor except Messenger who was opposed. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE,AS 75 CODIFIED IN SECTION 1 OF CHAPTER 12, BY ADDING AUCTION HOUSES AS PERMITTED USES, AND AS SPECIFIC USES IN CERTAIN ZONING DISTRICTS, AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 80 PUBLIC HEARING AND ORDINANCE NO. 93-50 AMENDING ZONING ORDINANCE REGARDING BOWLING ALLEYS AND COMMERCIAL AMUSEMENTS Norwood explained that the Planning and Zoning Commission had recommended 85 amendments to remove bowling alleys as a listed use as they were already included in the Commercial Amusements regulations. As there was no one present wanting to address this issue, the public hearing was closed. Mondy made a motion to approve the ordinance as recommended by the Planning and Zoning Commission. Messenger seconded the motion. The motion was voted on and passed unanimously. 90 2 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY CHANGING THE ZONING DISTRICT CLASSIFICATIONS WHERE COMMERCIAL AMUSEMENT USES, INDOOR AND OUTDOOR, 95 ARE ALLOWED AS PERMITTED USES AND SPECIFIC USES, AND FURTHER AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 24 PARKING REQUIREMENTS AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 100 The approved Ordinance amends the Zoning Ordinance as follows: Indoor Comm.Amusement Outdoor Comm.Amusement Retail Zoning Requires Specific Use Permit Requires Specific Use Permit 105 B-1 Zoning Requires Specific Use Permit Requires Specific Use Permit B-2 Zoning Approved Use Requires Specific Use Permit Industrial Zoning Approved Use Requires Specific Use Permit Commercial Amusement Commercial Amusement- 30 30 spaces plus (1) space for Parking spaces plus (1) space for each each (100) square feet of floor (100) square feet of floor area area over (2000) square feet over (2000) square feet Bowling Alleys - same as commercial amusement OR six spaces for each lane whichever is greater 110 PUBLIC HEARING AND ORDINANCE NO. 93-51 AMENDING ZONING ORDINANCE REGARDING PLANT FARMS AND NURSERIES Norwood explained that the existing requirements in the zoning ordinance didn't 115 allow a nursery in retail to act as a buffer between residential and non-residential zoning and was overly restrictive regarding plant shops and greenhouses. As there was no one present to address this issue, the public hearing was closed. Messenger made a motion to approve the ordinance. Mondy seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. 120 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS, AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12 BY CHANGING THE CLASSIFICATION IN WHICH GARDEN SHOPS,PLANT NURSERIES,GREENHOUSE,GREEN NURSERIES,AND GENERAL 125 GARDENING ACTIVITIES ARE ALLOWABLE USES AND SPECIFIC USES;AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 130 The approved ordinance amends the Zoning Ordinance as follows: 3 Allowed Use Requires Specific Use Permit Retail Garden Shop and Plant Sales in Completely Greenhouse as an Accessory to Enclosed Building Garden Shop B-1 Garden Shop and Plant Sales in Completely Garden Shop with Outside Storage Enclosed Building and Greenhouse as an Accessory to a Garden Shop 135 B-2 Garden Shop with Outside Storage and Greenhouse as an Accessory to a Garden Shop Ag Retail or Wholesale Plant Sales with Outside Storage, Plant Farms, Greenhouses and Gardening Activities PUBLIC HEARING REGARDING PROPOSED AMENDMENTS TO AGRICULTURAL DISTRICT OF THE COMPREHENSIVE ZONING ORDINANCE 140 Mayor Pro Tern Swartz opened the public hearing and as there was no one present to address this issue, the public hearing was closed. Wright made a motion to table action pending final recommendation by the Planning and Zoning Commission. Allen second the motion. The motion was voted on and passed unanimously. 145 REPLAT OF LOTS 19, 20, AND 21, BLOCK A, RUSH CREEK ESTATES Norwood explained that the Planning and Zoning Commission had recommended approval of the combination of three lots into two larger lots subject to the removal or 150 relocation of the electric easement in the center of the new lot 19A. Harry Tibbals, the applicant, explained that TU had written a letter consenting to move the easement or abandon it. Allen made a motion to approve the replat subject to the relocation or removal of the easement. Messenger second the motion. The motion was voted on and passed unanimously. 155 DISCUSSION REGARDING HEALTH INSURANCE Norwood explained that while the City had received a fair to moderate level of service from Cigna, the current provider, Cigna had opted not to resubmit a proposal to 160 renew their contract with the City of Wylie for health care insurance. He stated that six companies had submitted 20 proposals that fell within the City's $185,000 health insurance budget. Norwood stated that the staff would be looking for a workable and convenient program for all employees, preferably giving the employee the ability choose between using a personal doctor under a P.P.O. plan with fewer benefits or a receive 165 enhanced benefits under the regular plan. He stated that the staff was hoping to include Wylie doctors on the plan but wanted to also accommodate the 50% of City employees who live outside of city. He concluded by noting that Council action was required by November 9th as the current contract expires December 1. 170 4 CITIZEN PARTICIPATION REGARDING TERMINATION OF FIRE CHIEF Rick Scarmardo, 1306 Devonshire, stated that he was speaking on behalf of 175 volunteer fireman and asked for re-instatement of Jim Lynch, former Fire Chief who was recently dismissed by the City Manger. He cited many improvements in the Fire Department in the three years the Jim Lynch was Fire Chief and stated that budget restraints were responsible for any fire protection deficiencies. 180 Tommy Nicholson, 1050 E. Oak, also objected to the termination of the former Fire Chief and stated that fire calls had decreased due to fire prevention programs. He questioned the City Manager's objectives for the department stated concern for the safety of the citizens in Wylie. 185 Don McCarter, 109 N. Winding Oaks, stated that the City Manager served at the pleasure of the Council and the Council served at the pleasure of the citizen. He urged the Council to re-instate the Fire Chief immediately. Bob Hise, 513 E. Stone Circle, told the Council that he believed the termination 190 of the Fire Chief was politically motivated. City Manager Steve Norwood told the audience in rebuttal that his decision to terminate the Fire Chief was based on failure to meet certain performance objectives and that the decision was neither hastily made or politically motivated. He stated that the 195 current make-up of the Fire Department was not in jeopardy but that he would be searching for a highly motivated, well-qualified replacement who would initiate actions, work on emergency management, and implement civil defense procedures. He stated that he would not embarrass a present or former employee by discussing performance deficiencies in a public forum. 200 ADJOURNMENT As there was no further business to come before the Council for consideration, the meeting adjourned at 8:45 p.m. 205 APPROVED 210 ATTEST 5 City of Wylie AGENDA COMMUNICATION City Manager Harvey Hightower - ACM SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 11/5/93 a Consider Cancellation of Second November Council Meeting SUMMARY OF SUBJECT: In the recent past the Council has foregone the holding of a second Council meeting in the months of November and December. The item before the Council for consideration is cancellation of the second November meeting, which would normally be held on November 23, the Tuesday before the Thanksgiving Holiday. The City manager will advise the Council as to whether there appears to be a necessity for such meeting. ALTERNATIVES: (1) Cancel second November Council meeting (2) Take no action and hold second November Council meeting on November 23, 1993 ACTION REQUESTED: Staff recommends cancellation of second meeting in November unless pressing matters arise which need to be addressed before scheduled December 14 Council Meeting. City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 11/4/93 3 Resolution Authorizing Submission of Application for Disaster Relief Grant SUMMARY OF SUBJECT: The City is seeking to obtain assistance from the Texas Department of Housing and Community Affairs in the amount of$350,000 by way of disaster relief for damages occasioned by the May 9 tornado. Governmental Services Agency has prepared the application (which is available for review in the City Secretary's office but not included in packet) and the proposed resolution gives council authorization for the signing and submission of the application. ALTERNATIVES: (1) Pass resolution authorizing execution and submission of application for assistance (2) Decline to take action on resolution and not pursue assistance ACTION REQUESTED: Staff recommends passage of resolution authorizing execution and submission of application for disaster relief assistance to Texas Community Development Program. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL 0 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 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 11.ld�j It4 �r 4od CITY A ER CITY OF WYLIE,TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR A DISASTER RELIEF GRANT; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Wylie desires to maintain affordable and decent housing and a suitable living environment for persons affected by the May 9, 1993 tornado; and WHEREAS, certain still conditions exist which have limited the recovery of tornado victims and still represent a danger to the public health and safety; WHEREAS,the Governor has declared Wylie a Disaster Area under state law; and WHEREAS, it is necessary and in the best interests of the City of Wylie to apply for funding under the 1993 Texas Community Development Program for disaster relief assistance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 1. That a Texas Community Development Program application for the disaster relief assistance is hereby authorized to be filed on behalf of the City of Wylie with the Texas Department of Housing and Community Affairs (TDCHA). 2. That the application provide for the request of $350,000.00 in grant funds from TDCHA's Diaster Relief Fund to provided housing assistance for tornado victims and demolition/clearance activities. 3. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and authorized representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program. Passed and approved this day of , 1992. John W. Akin, Mayor City of Wylie, Texas Attest: Mary Nichols City Secretary City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter SUBMITTED BY: DIRECTOR: Nordik, DATE REFERENCE NO. SUBJECT 11/4/93 L.f- Adoption of Ordinance for Local Regulation of Cable Company SUMMARY OF SUBJECT: The City has received authority from the FCC to undertake regulation of local cable companies, as to basic rates and charges for equipment. In order to implement the authority the City now needs to adopt local regulations defining how the local regulation will be accomplished in accordance with FCC guidelines. The proposed ordinance adopts such regulations by amending the existing franchise agreement. ALTERNATIVES: (1) Adopt ordinance establishing procedures for local regulation of cable company, as presented (2) Adoption of ordinance for local regulation of cable companies, as modified (3) Take no action on adoption of local rules and not undertake local regulation of cable company ACTION REQUESTED: Staff is recommending that Council approve the ordinance establishing local regulation of cable companies as presented. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY 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 ru /CITY A ER MEMORANDUM TO: City Council FROM: Steve Deiter .! SUBJECT: Ordinance Adopting R lations For Local Regulation of TCI DATE: November 4, 1993 The 1992 Cable Act gives Cities the right to regulate a cable company's charges for basic services and equipment. In order to actually get the authority and undertake the regulation a City must first be certified to regulate by the FCC. The Council has previously approved the application for regulation which was filed with the FCC, and received by them on the 5th day of October, 1993. Under the FCC regulations a City becomes certified 30 days after receipt of the application, unless the FCC advises the City that they are not certified. The City has received no such notification (virtually none will as FCC wants to give as much as it can to Cities) and therefore it is now certified by default. The second step in undertaking the regulation is to pass an ordinance which provides for the local regulation of the cable company. I have prepared such an ordinance for your review and passage at the November 9, 1993 Council meeting and forward the same herewith. The ordinance is relatively simple and merely provides that the City will undertake regulation in accordance with FCC regulations. It does so by amending the existing franchise agreement which gives the City no regulatory authority. This ordinance (or another providing for local regulations) must be passed within 120 days after becoming certified, which in the City's case would be around March 1. However, the sooner the ordinance is passed the sooner the City may begin regulation and I am suggesting passage at this time, if the ordinance is acceptable to the Council. The next step after passage of the ordinance is for TCI to file a form with the City which justifies its current rates in accordance with the FCC guidelines. I am suggesting that the City retain someone with expertise in the cable field to review this filing, as and when it comes in. TCI is obviously an expert in the area and they could successfully "manipulate" the information on the filing in a fashion that would appear legitimate to the untrained observer. I would also note that when the application for certification was sent to the FCC I sent 1 (as required by FCC regulations) a copy of the application to the TCI office in Allen and their legal department in Denver, both by certified mail, return receipt requested. The one to the Allen office was never signed for and eventually was returned to me. JoAnn Holtzclaw called the City on October 25 to request a copy of the application. All of which is rather typical for their operations and dealings with Wylie. I am attaching a copy of my September 24, 1993 Memo on this same subject for background and review. Should you have any question prior to the meeting please do not hesitate to contact me. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 91-4 THE CABLE TELEVISION FRANCHISE AGREEMENT WITH COMMUNICATIONS SERVICES, INC. d/b/a/ TCI CABLEVISION OF TEXAS, INC. TO PROVIDE FOR LOCAL REGULATION OF CABLE SERVICES AND RATES; REPEALING ALL CONFLICTING ORDINANCES OR PORTIONS THEREOF; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City entered into a cable franchise agreement (Agreement) with Communications Services, Inc. d/b/a TCI Cablevision of Texas, Inc. (TCI) on the 12th day of February, 1993, by virtue of Ordinance 91-4 (Ordinance) which was duly adopted and passed on said date, which said ordinance and franchise agreement remain in full force and effect; and, WHEREAS, the City has not heretofore had authority under the agreement nor Federal Communications Commission regulations, to regulate the rates and service of TCI; and, WHEREAS, recent Federal legislation entitled The 1992 Cable Act(Act) contains provisions whereby Cities may gain regulatory authority over the rates for basic service and equipment charged by cable companies in their jurisdiction; and, WHEREAS, the City Council has determined, in its legislative capacity, that it would be in the best interests of the citizens of Wylie for the City have and undertake such regulatory authority and has made application for certification with the FCC, which said application has been approved as of the 5th day of November, 1993; and, WHEREAS, the Council desires to adopt rules and regulations to enable the City to undertake such regulatory authority in compliance with applicable portions of the Act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Ordinance 91-4, containing and being the Cable Television Franchise Agreement between the City and TCI be, and it hereby is, amended as follows: 1. That Section 1.1 Terms is amended by addition of the following term and meaning: "1992 Act" means the 1992 Cable Television Act as amended." 2. That Section 4.2 Rates and Charges is deleted in its entirety and the following substituted therefore: "4.2 Rates and Charges. A. The City may adopt rules consistent with the 1992 Act. B. Basic Cable Rate Review Rules and Regulations 1) Initial Basic Rate Review a) City will review rate documentation submitted by Grantee within 30 days of the date of submission. b)Rate regulation and orders in connection therewith will be in accordance with FCC's Rules and Regulations. 2) Basic Rate Increase Requests a) Cable customers and City must be notified in writing at least 30 days before any change in the Basic Rate or equipment charges for servicing Basic Rate customers. b)The City's notification shall include documentation consistent with FCC rules and regulations. c) Rate review procedures and analysis will follow the review procedure of Article III, Section 5a(1) and (2) of the 1992 Act. 3) Public Notice a) Public notice regarding rate change public hearings and orders will be consistent with Article I, Section 18 of the 1992 Act. b) Within 30 days of the filing of a rate change notification, the City shall hold a public hearing to consider the proposed rate change, at which hearing all persons desiring to be heard, including the Grantee, shall be heard on any matter, including but not limited to, the performance of this franchise, the Grantee's services, and the proposed new rates. c) City will also accept written and verbal comments from the public and interested parties regarding the Grantee's proposed new rates during the City's rate review process. These comments will be compiled and submitted to the City Council prior to adoption of rate orders. 4) Confidentiality of Information Any documentation submitted by the Company is subject to the Freedom of Information Act. Prior to the City releasing any documentation submitted by the Grantee, the Grantee has 5 days to appeal release of the information to the FCC. SECTION II 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 III 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 IV That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION V The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of November, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney MEMORANDUM TO:City Council FROM: Steve Deiter SUBJECT: Local Regulation of Cable Companies !' C toy DATE: September 24, 1993 �J As the Council is well aware the City's present Cable franchise gives the City NO authority or control whatsoever over the rates which TCI charges its customers in the City. However recent federal legislation, the 1992 Cable Act, gives cities the right to regulate the rates for basic service (not expanded basic or premium channels)provided by the local cable company. This right may be obtained by the City in spite of the fact that an existing franchise agreement provides otherwise, as is the case with the City. In order to gain the right to regulate the City must pass apply for and receive certification from the FCC. The application is made by filing Form 328, see attached copy. Once the form is filed it is considered approved after the passage of 30 days unless the City hears otherwise from the FCC (which is not likely). If the City does not get authority to regulate the rates for basic service will be unregulated as the FCC will not assume any jurisdiction. Consequently, the City probably should get certification unless it is persuaded that the cable company will keep its rates reasonable even when not forced to do so. There is currently a price freeze on basic rates, but the freeze expires on November 15, 1993. If the City hasn't been certified by November 15, the company will be free to make an unregulated increase in its basic rates. The Council can from it own opinion as to what our company would do if it could increase rates without restriction. In addition to the certification the City must pass an ordinance amending the franchise agreement which provides procedures for local regulation of the rates. I have attached such an ordinance for your review. However, I am not recommending passage of the Ordinance until the October Council meeting. The delay will allow me to collect sample regulations from other Cities to use in further defining our own regulations. The only time restriction in passage of the ordinance is that the regulations must be in place within 120 days after becoming certified. I would suggest that the regulations (via adoption of an ordinance) be put into place as soon as possible following certification (or even slightly before). The possible down side to undertaking the regulation is there will be some administration 1 involved such as auditing rates, expenses, capital costs, etc.. This is especially true of the initial go round which will result from the City filing for certification. Once the City is certified the cable company will have to file a report justifying their rates, in accordance with FCC justification guidelines. Accuracy in this initial report is critical since it will set a base line for charges and changes in future years. Since the cable company has a vested interest in the matter and they are somewhat expert at filing out the form they will likely take every opportunity to use the numbers most beneficial to them. The City staff probably could not catch all of the grey areas or fluff which the company would put in. Therefore the Council may want to consider using someone with expertise in the area to audit the justification report (Form 393). A representative of First Southwest Company (this is the same company who has acted as the City's financial advisor in bond matters) has contacted me with the request that they be allowed to provide the required review for an estimated fee of$2,000 to 3,000. This seems a little high for a small system such as Wylie's. If council wants to give further consideration to hiring an outside "reviewer" the staff can obtain other prices and bring something back to Council. It would not be necessary for the Council to make a decision on hiring someone until sometime after the receipt of certification. I have also attached a copy of my prior memo to the City Manger (which you should have received a copy of) for further background on the subject. I am no longer recommending the engagement of outside counsel to act on the City's behalf in this matter (as is stated in the last paragraph of the Memo) as I attended a TML seminar in Dallas yesterday and now have the information to competently handle the matter myself. Should any of you have any questions on this matter please do not hesitate to contact me a your convenience. cc: Steve Norwood 2 ORDINANCE NO. 93-43 ADOPTING 1993-1994 ANNUAL OPERATING BUDGET Messenger made a motion to approve the budget. Swartz seconded the motion. The motion was voted on and passed unanimously. 50 AN ORDINANCE OF THE CITY OF WYUE, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 1994, BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1994; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 55 ORDINANCE NO. 93-44 ADOPTING 1993-1994 TAX RATE Naish made a motion to approve the ordinance adopting a $0.635 tax rate. Mondy seconded the motion. The motion was voted on and passed unanimously. 60 AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS, UPON ALL 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 30,1 994, AND FOR THE FURTHER PURPOSE OF CREATING A 65 SINKING FUND TO RETIRE THE PRINCIPAL 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; CONTAINING A SEVERABILITY CLAUSE; REPEAUNG ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE 70 AUTHORIZATION FOR CITY OF WYLIE TO REGULATE CERTAIN CABLE RATES Norwood explained that under the 1992 Cable Act, cities could receive FCC authority to regulate local cable companies through annual review of basic cable 75 rates. Wright made a motion to authorize the City Manager to submit the application to FCC on behalf of the City of Wylie. Mondy seconded the motion. The motion was voted on and passed unanimously. HOUSING DEMOLITION APPEALS BOARD 80 Norwood explained that the Uniform Code for the Abatement of Dangerous Buildings adopting by the City of Wylie provided for a Housing Demolition Appeals Board. He recommended that the Planning and Zoning Commission be assigned the role of the Board as opposed to appointing a separate board. Naish questioned if the 85 appointment would conflict with a charter requirement regarding limitations of number of boards individuals could serve one. City Attorney Steve Deiter stated the members were not be appointed to serve on additional boards, the Council was expanding the scope of a board already in place. Swartz made a motion to assign the task of the Housing Demolition Appeals Board to the Planning and Zoning Commission. 90 Messenger seconded the motion. The motion was voted on and passed unanimously. 2 City of Wylie AGENDA COMMUNICATION FINANCE DEPARTMENT BRADY SNELLGROVE SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT Enter into Contract with TML for Health/Dental/Life/AD&D for the period 11/01/93 12/01/93 thru 11/30/94 SUMMARY OF SUBJECT: • Staff Recommends entering into a contract with TML to provide Health/Dental and Life/Accidental. Death and Dismemberment insurance coverage. The City received proposals from ten vendors representing more than 20 different plans. After careful consideration, three plans, TML, Blue Choice(Blue Cross)and Sanus were selected for further in depth study. That study led staff to the unanimous decision to recommend TML as the City's health care and life insurance provider. TML's plan(s)receive high marks from area member cities;they have a recent history of low or no increases for renewal and costs are within budgeted range for the City and drop slightly for the employee with dependent coverage. Further details are provided on the attached fact sheet. ALTERNATIVES: No alternatives are recommended. ACTION REQUESTED: Authorize the City Manager to enter into a contract with TML to provide Health/Dental/Life/Accidental Death and Dismemberment coverage for the period of 12/01/93 thru 11/30/94. HEALTH INSURANCE PROPOSAL ANALYSIS - CITY OF WYLIE CITY FUNDING COMPANY MO PRM BUDGET EMP.PART OVR(SHRT) COMMENTS TMUEMP ONLY 195.69 190.24 0.00 (5.45) PPO$10 COPAY/90/70 TMUDEP 304.83 126.68 187.59 9.44 In/out of network rcvs benefits TOTAL FAMILY 500.52 316.92 187.59 3.99 Does not req.PCP designation No referrals needed for specialist care REFERENCES: Excellent Annual increases low. BLUE CHOICE/EM 176.80 190.24 0.00 13.44 PPO PLAN$10 COPAY/90/70 BLUE CHOICE/DEF 320.70 126.68 187.59 (6.43) Benefits comp to TML TOTAL FAMILY 497.50 316.92 187.59 7.01 Requires PCP designation Requires referrals for specialist REFERENCES: Mixed,bad to soso Annual increases/no specific info past exp bid low/high raises SANUS/EMP ONLY 165.85 190.24 0.00 24.39 HMO PLAN$7 COPAY 275 HOS/650 STOP SANUS/EMP 336.33 126.88 187.59 (21.86) Few providers in Wylie TOTAL FAMILY 502.18 317.12 187.59 2.53 REFERENCES: Fair/increases high DEPENDENT COVERAGE 126.68 City Share 187.59 Emp Share 314.27 Total CITY/EMP CONTRIBUTIONS: 316.92 City 187.59 Employee 504.51 Total City/Emp Contributions(monthly) PROPOSED COSTS: 195.69 City pay for employee 126.68 City pay for dependent 178.15 Employee pay for dependent 500.52 Total family cost This represents an approximate 5% savings for employees City costs stay at the budgeted figures. HLTHPRO/10.26.93 City of Wylie AGENDA COMMUNICATION FINANCE DEPARTMENT BRADY SNELLGROVE SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT Contract with American United Life(AUL)for supplemental Life 11/01/93 and Accidental Death and Dismemberment Insurance coverage for City of Wylie Employees. Period 12/01/93 thru 11/30/94 SUMMARY OF SUBJECT: The staff is recommending the City enter into a contract with AUL for Life and Accidental Death and Dismemberment coverage. We have studied our options for this area of our benefit package and find that the City can save approximately$4,000 per year by choosing this option. The offering is independent of any health and/or dental coverage. Our contract with TML (assuming that is the decision of the Council)requires a minimum of$3,000 Life/AD&D coverage per employee. Taking this into account and the total cost of the AUL the City savings would be approximately$4,000. ALTERNATIVES: None Recommended. ACTION REQUESTED: Authorize the City Manager to sign a contract with American United Life for Life and Accidental Death&Dismemberment insurance coverage for City Employees. Period 12/01/93 thru 11/30/93. City of Wylie AGENDA COMMUNICATION FINANCE DEPARTMENT BRADY SNELLGROVE SUBMITTED BY: DIRECTOR: • DATE REFERENCE NO. SUBJECT 11/01/93 7 A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. SUMMARY OF SUBJECT: The City is issuing$400,000 in Public Property Finance Contractual Obligation(at 4%plus)in November. $250,000 of these monies is to be used to refinance existing lease purchses (at 9%plus)and$150,000 is to be used for new equipment. This resolution is needed to protect the tax exempt status of this debt in case the City would pay for the new equipment prior to receiving the new monies. ALTERNATIVES: No alternatives are recommended. ACTION REQUESTED: The staff is recommending that this resolution be adopted. FULBRIGHT & JAWORSKI L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP HOUSTON 2200 Ross AVENUE WASHINGTON, D.C. AUSTIN SUITE 2800 SAN ANTONIO DALLAS TELEPHONE: 214/855-8000 DALLAS, TEXAS 75201 NEW YORK FACSIMILE: 214/855-8200 LOS ANGELES LONDON WRITERS DIRECT DIAL NUMBER: ZURIC H 214/855-8013 HONG KONG October 22, 1993 Mr. Steven Norwood City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Dear Mr. Norwood: Enclosed herewith are two copies of a resolution declaring expectation to reimburse expenditures with proceeds of future debt which we understand is to be adopted by the City Council on Tuesday, October 26, 1993. When adopted and executed, one copy is to be retained for the City's records and one copy is to be returned to us. Sincerely, Ed H. Esquivel EHE:dfc Enclosures 0065299 RESOLUTION NO. A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Wylie, Texas (the "Issuer") intends to issue debt for the purpose of purchasing personal property (the "Projects") and further intends to make certain capital expenditures for the Projects and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. § 1. 150-2 (the "Regulation") , to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the Expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $400,000. PASSED AND ADOPTED this October 26, 1993 . CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary 0126261 City of Wylie AGENDA COMMUNICATION ,at Legal Steven P. Deiter SUBMITTED BY: DIRE'TOR: DATE REFERENCE NO. SUBJECT 11/4/93 Adoption of Ordinance Authorizing Issuance of $400,000 in Contractual Obligations Debt SUMMARY OF SUBJECT: The City is in the process issuing $400,000 in contractual indebtedness to pay off approximately $250,000 in existing lease purchase agreements and purchase an additional $150,000 in new equipment. The method of using contractual obligations as a means of financing is provided for in the Local Government Code and is a less complex method than that of traditional bonds or certificates of obligation. The ordinance authorizes creation of the debt and governs the issuance and repayment of the debt, much the same as an ordinance on a bond issue. Passage of the ordinance, or one substantially similar, is necessary to effect the transaction. ALTERNATIVES: (1) Adopt ordinance providing for issuance of $400,000 in contractual obligations, Series 1993 (2) Take no action not undertake issuance of contractual obligations ACTION REQUESTED: Staff is recommending that Council approve the ordinance authorizing issuance of $400,000 in contractual obligations, as presented. MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Ordinance Providing or Issuance of $400,000 in Contractual Obligations DATE: November 4, 1993 The staff is undertaking a refinance of the City's outstanding lease purchase agreements (fire truck, communications equipment etc.) which are at a significantly higher rate of interest than can now be obtained. The refinanced debt is approximately $250,000. In addition to the refinanced debt the City will be issuing approximately $150,000 in new debt for equipment purchases. The means used to finance the $400,000 will be an issuance of contractual obligations. This method of financing is authorized in the Local Government Code as a less complicated means to finance certain purchases. Although the paper work is significantly more complicated it amounts to issuance of a promissory note by the City. The ordinance which is offered authorizes issuance of the debt and further provides in great detail the means of issuance and repayment of the debt, much the same as a bond ordinance. I have read the entire ordinance (35 pages including exhibits), which was prepared by bond counsel Ed Esquivel, and find the same to be in order and acceptable. I have not included the entire ordinance in the agenda packet as I assumed Council would not have the opportunity or inclination to read the same over the weekend. I have included pages 1,2,3, and Exhibit A which contain the general information concerning the issue. Should any of you desire a complete copy of the ordinance please let me know and I will get it to you over the weekend. The resolution pertaining to expectation to reimburse expenditures, which is on the agenda as a separate item, relates to this same issuance. Should the Council have any questions on the ordinance or its effect pleas let me know. Question concerning the details of equipment purchased, financing, etc. should be directed to Steve or Brady. cc: Steve Norwood Brady Snellgrove 1 ORDINANCE NO. AN ORDINANCE approving and authorizing the execution and delivery of "CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 1993" ; specifying the terms of such contracts; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contracts, including the approval and execution of a Paying Agent/Registrar Agreement and the approval of an Offering Memorandum; and providing an effective date. WHEREAS, pursuant to V.T.C.A. , Local Government Code, Subchapter A of Chapter 271 (the Public Property Finance Act) , the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property; and WHEREAS, in accordance with the provisions of the Public Property Finance Act, the City Council hereby finds and determines that the acquisition, use or purchase of certain items of personal property identified in Exhibit A attached hereto, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City, should be financed under and pursuant to one " •• "' al obligations to be executed and delivered on ste • - � V the form hereinafter prescribed; now, therefore, �✓ I i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Contract Authorization - Contract Amount - Property Identification. Contracts, aggregating in amount $400,000 (the "Aggregate Contract Amount") and entitled "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 1993" (the "Contractual Obligations" or the "Contracts") shall be and are hereby authorized to be executed and delivered with the Initial Contracting Party (hereinafter identified in Section 15 hereof) , and the assigns thereof, to finance the use or the purchase or other acquisition of personal property identified in Exhibit A attached hereto and incorporated herein by reference as a part of this Ordinance for all purposes, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful and/or appropriate for purposes of the City (the "Property") ; all in 0128539 accordance with and pursuant to authority conferred by the laws of the State of Texas, particularly the Public Property Finance Act. SECTION 2 : Fully Registered Form - Contract Date - Authorized Amounts-Installment Payments-Interest Rates. The Contracts shall be made, executed and delivered in fully registered form, bear a date of November 1, 1993 (the "Contract Date") , and, except for the Initial Contracts authorized in Section 7 hereof, shall be in authorized amounts of $5,000 or any integral multiple thereof (not to exceed an Installment Amount) , and the Aggregate Contract Amount shall be payable in annual installments (the "Installment Amounts") on August 15 in the amounts and interest shall accrue on such Installment Amounts at per annum rate(s) as follows: Interest Payment Date Installment Amount Rate(s) 1994 $100,000 1995 95, 000 1996 100, 000 1997 105, 000 Interest on the unpaid Installment Amounts shall accrue from the Contract Date (calculated on the basis of a 360-day year of twelve 30-day months) and such interest shall be payable on February 15 and August 15 in each year, commencing August 15, 1994. SECTION 3: Terms of Payment-Paving Agent/Registrar. The Installment Amounts on each Contract and the interest thereon shall be payable only to the registered contracting party or person (hereinafter called the "Contracting Party") appearing on the registration and transfer books maintained by the Paying Agent/Registrar and such Installment Amounts and the interest payable thereon shall be payable in coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and without exchange or collection charges to the Contracting Party. The selection and appointment of Texas Commerce Trust Company, National Association to serve as Paying Agent/Registrar for the Contracts is hereby approved and confirmed. Books and records relating to the registration, payment, exchange and transfer of the Contracts (the "Contract Register") shall at all times be kept and maintained on behalf of the City by the Paying Agent/Registrar, all as provided herein, in accordance with the terms and provisions of a "Paying Agent/Registrar Agreement" , substantially in the form attached hereto as Exhibit B, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Mayor and City Secretary are hereby authorized to 0128539 -2- SECTION 27: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 30: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A. , Local Government Code, Chapter 551. SECTION 31: Effective Date. This Ordinance shall take effect and be in force immediately from and after its passage, and it is so ordained. PASSED AND ADOPTED, this November 9, 1993 . CITY OF WYLIE, TEXAS Mayor ATTEST: City Secretary (City Seal) 0128539 -23- EXHIBIT A Description of Estimated Estimated Acquisition Property Cost Date Radio System* $ Pumper Truck* Computer System* Backhoe Mini Pumper 1 Ton Dump Truck *existing leases 0128592 FULBRIGHT & JAWORSKI L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP HOUSTON 2200 Ross AVENUE WASHINGTON, D.C. AUSTIN SUITE 2800 SAN ANTONIO DALLAS TELEPHONE: 214/855-8000 DALLAS, TEXAS 75201 NEW YORK FACSIMILE: 214/855-8200 LOS ANGELES LONDON ZURICH WRITER'S DIRECT DIAL NUMBER: HONG KONG 214/855-8013 November 2, 1993 VIA FEDERAL EXPRESS COD Mr. Steven Norwood CO City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: $400,000 "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 1993", dated November 1, 1993 Dear Mr. Norwood: Enclosed herewith is a notice of meeting to be posted in accordance with the attached memorandum. Said notice pertains to the meeting of the City Council to be held on November 9, 1993 and is concerned with the action to be taken by the Council with respect to providing for the execution and delivery of the above described contractual obligations. If a notice of meeting has already been posted for such meeting and said notice includes the subject matter mentioned above, the enclosed notice may be discarded. Also enclosed is a draft of the ordinance providing for the execution and delivery of the subject contracts for review by appropriate officials of the City and distribution to councilmembers prior to the meeting to be held November 9, 1993. 0128584 Mr. Steven Norwood November 2, 1993 Page 2 Should you have any questions, please advise. Sincerely, Ed H. Esquivel EHE:dfc Enclosures cc: Mr. David Medanich 0128564 City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 11/4/93 Votes for Nomination to Central Appraisal Board SUMMARY OF SUBJECT: The City has 32 votes to cast in voting to appoint board members to the Collin County Central Appraisal Board of Directors. The votes must be cast for the persons whose names appear on the official ballot. The ballot contains the names of Bart Peddicord and Richard Parker whom the Council appointed at its last meeting. The City may cast all of its votes for one candidate or among two or more candidates. Once the Council determines how it desires to allocate its 32 votes a resolution must be passed indicating the number of votes cast for the person(s) they were cast for. ALTERNATIVES: Determine who to cast votes for and pass resolution indicating vote. With the exception of not voting no alternatives exist ACTION REQUESTED: Passage of resolution casting City's 32 votes for Director of the Collin County Central Appraisal District, for the candidate(s) determined by the council. / i 1 CENTRA i APPRAISAL DISTRICT OF COLLIN COUNTY ticrriL , � J IL. October 18, 1993 Steve Norwood, City Manager City of Wylie P. O. Box 428 Wylie, TX 75098 Dear Mr. Norwood: Enclosed you will find the ballot listing the nominees for the Board Of Director positions for the Central Appraisal District of Collin County. The candidates are listed alphabetically by their last name. Each voting unit must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser by November 15, 1993. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the Chief Appraiser may not count votes for someone not listed on the official ballot. Sincerely, mmie C. Honea ,Chief Appraiser JCH/mlr Enclosure F 1024 S.Greenville Avenue,#120•Allen,Texas 75002•(214)390-7990•(214)542-0306•FAX(214)390-7498 FORM#203.05.92 A 1111111//1111/1111,14 7777 CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY OFFICIAL BALLOT ISSUED TO: City of Wylie NUMBER OF VOTES: 32 FOR: BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. RAY BODENSTEINER VOTES RONALD CARLISLE VOTES TED DICKEY VOTES LINDA K. ENGLE VOTES DR. LEO FITZGERALD VOTES ANTHONY GEER VOTES BRUCE HOPEWELL VOTES OLIN JAYE VOTES JIM OWENS VOTES RICHARD PARKER VOTES BART PEDDICORD VOTES DONALD P. RODENBAUGH VOTES BOB SHINN VOTES OCTOBER 18, 1993 Jimmie C. Honea, Chief Appraiser Section 6 . 03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore, please attach a copy of the resolution to this ballot and return to the Chief Appraiser, at 1024 S . Greenville Ave. #120, Allen, Texas 76002, no later than November 15, 1993. 1024 S. Greenville Avenue,#120•Allen,Texas 75002•(214)390-7990•(214)542-0306•FAX(214)390-7498 FORM#203.05.92 A RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, CASTING VOTES FOR THE COLLIN COUNTY CENTRAL APPRAISAL DISTRICT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the City Council of the City of Wylie does hereby cast all 32 of their eligible votes for NAME: SECTION 2. That the City Secretary of the City of Wylie is hereby directed to notify the Chief Appraiser of the Central Appraisal District of the City Council's decision. DULY PASSED AND APPROVED this the 9th day of November 1993. APPROVED ATTEST 214 390 749e 10-13-93 02: 40?M FROM CADET TO 44 ?3, : RESOLUTION NO. 1.206-10-93 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION DONALD P. RODENBAUGR OF 609 BUSH DRIVE, ALLEN, TEXAS FOR A POSITION ON THE BOARD OF DIRECTORS OF THE CENTRAL APPRAISAL, DISTRICT OF COLLIN COUNTY, TEXAS. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN. COLLIN COUNTY, TEXAS THAT: SECTION 1: The Council places in nomination Donald P. Rodenbaugh of 609 Bush Drive, Allen, 'rexa: to be a member of the Board of Directors of the Central Appraisal District of Collin County. SECTION 2: The City Secretary is hereby directed to notify the Chief Appraiser of the Central Appraisa? District of this nomination. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS 7TH DAY OF OCTOBER, 1993. APPROVED J6e Farmer, MAYOR ATTEST; dy IV rison, CITY SECRETARY Post-It'"brand fax transmittal mama 7671 fiat pap.*• tirsro D Dept. ( � % Phone ��1�►_r�_7C1� FnxM '�.Q " gt.3C Pax# 143 1U 4H RESOLUTION NO 'Oo 10-93 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PLACING IN NOMINATION DONALD P. RODENBAUGH OF 609 BUSH DRIVE, ALLEN, TEXAS FOR A POSITION ON TIrE BOARD OF DIRECTORS OF THE CENTRAL APPRAISAL, DISTRICT OF COLLIN COUNTY, 1'EXAS. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: The Council places in nomination Donald P. Rodenbaugh of 609 Bush Drive, Alien, Texas to be a member of the Board of Directors of the Central Appraisal District of Collin County. SECTION 2: The City Secretary is hereby directed to notify the Chief Appra;:, r of the Central Appraisal District of this nomination. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN. COLLIN COUNTY, TEXAS, ON THIS 7TH DAY OF OCTOBER, 1993. APPROVED .1 e Fanner, MAYOR ATTEST: dy V riison, CITY SECRETARY Post-It""brand fax transmittal rr,amn 7671 rot pe�ae . To /° Frem ! r. jicicaLize Dept, Phone H !! FaxW Fax City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Finance Dept.- Purchasing Div. DIRECTOR: Brady Sneligrove DATE REFERENCE NO. SUBJECT 11/5/93 Bids for Sewer Jetting Machine SUMMARY OF SUBJECT: The City's ten year old Aquatech sewer jetting machine is inoperable and repairs are no longer feasible or cost effective. Bids have been solicited for a new trailer mounted sewer jetter (bid tabulation follows) . Purchase is to be funded by the Capital (Fleet) Replacement Fund. The bid specifications were based on a high pressure (4000 psi)-low water volume type of jetter which City staff had inspected and approved as the most desirable type of jetting machine. Prior to the bid solici- tation, a 4000 psi jetting unit was placed on rental and has been in use for a period of one month. Based on this hands-on experience, the Utility Foreman and the Wastewater Crew Chief have reconsidered their original assessment of this piece of equipment and would now prefer to replace the Aquatech jetter with a similar low pressure-high water volume machine. Bids were received for this type machine but they don't meet spec's. ALTERNATIVES: 1. Purchase machine as specified, awarding to lowest responsive bidder. 2. Reject all bids and solicit new bids based on revised specifications. ACTION REQUESTED: Staff recommends that Council reject all bids and authorize solicitation of new bids with revised specifications for a low pressure/high volume sewer jetting machine. BID TABULATION: BID 94-01, TRAILER MOUNTED SEWER JETTER October 20, 1993 Bidder Name Make/Model Base Bid (New) Alternate (Demo) Trade-In Conley-Lott, U.S. Jetting 4014-300 32,000.00 26,430.00 Nichols Sreco Flexible Sreco HP4030 27,500.00 Industrial Shamrock SPT 4000 24,000.00 Disposal Supply Industrial Shamrock SPT 650 17,500.00 Disposal Supply Texas Harben 4014 29,765.00 3,680.00 Underground Texas Underground SR 325 26,580.00 3,680.00 Underground Naylor Supply Sniper 747-4000 28,000.00 950.00 Montgomery Shamrock SPT 4000 23,800.00 5,200.00 Municipal Supply Shamrock Shamrock SPT 650 21,700.00 4,900.00 Pipe Tools Shamrock Shamrock SPT 650 38,500.00 5,200.00 Pipe Tools Truck Mounted I , City of Wylie AGENDA COMMUNICATION SUBMITTED BY: PARKS & RECREATION DEPT.DIRECTOR: BILL NELSON • DATE REFERENCE NO. SUBJECT 10/09/93 THREE (3) NEW SOFTBALL AND ONE (1) REFURBISHED 11 FOOTBALL SCOREBOARDS AT COMMUNITY PARK SUMMARY OF SUBJECT: There have been requests on several occasions for the installation of scoreboards at Community Park. After discussions with three (3) softdrink vendors about providing scoreboards; Dr. Pepper offered the best contract. The three (3) softball field scoreboards will consist of one (1) each for; Eldridge, Cooper and Tibbals fields. The one (1) football scoreboard will be for the field on the southeast side of the park. A five (5) year contract with Dr. Pepper will provide these scoreboards. This proposal has been approved by the Parks & Recreation Board. ALTERNATIVES: 1.) Approve the five (5) year contract with Dr. Pepper. 2.) Modify the contract with Dr. Pepper. 3.) Deny the proposed contract with Dr. Pepper. ACTION REQUESTED: 1.) Approve the five (5) year contract with Dr. Pepper. MINUTES Parks & Recreation Advisory Board October 25, 1993 The Parks & Recreation Advisory Board met in regular session on Monday, October 25, 1993 at 7:00 PM in the Council Chambers of the Municipal Complex located at 2000 SH 78 N. A quorum was present and notice had been posted in the time and manner required by law. Members present were Chairman John Burns, Vice- Chairman Jerry Smith and members Willie Calverley, Janice Neely, Aubrey Burroughs, Mark Jenneman and Dan Chestnut. City staff members present were Bill Nelson, Supt. of Parks and Barbara LeCocq, Secretary. The meeting was called to order at 7:00 PM by Chairman Burns. ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES FROM MEETINGS HELD ON AUGUST 23. 1993 AND SEPTEMBER 27. 1993 - Bill Nelson corrected the minutes as follows: July meeting, Jerry Smith was nominated for Vice-Chairman by Willie Calverley; August meeting item number 3 - should read "crushed limestone"; September meeting item #2, "decided to go with crushed lime and with gravel and lime at entrance and parking lot; September meeting item# 3, typo - line of"drinks" rather than "drains". A motion was made by Aubrey Burroughs to approve the minutes as corrected. Seconded by Willie Calverley - all in favor, motion carried. ITEM NO. 2 - DISCUSS AND CONSIDER COMMUNITY PARK SCOREBOARDS - Mr. Nelson stated he had conversations with several drink vendors regarding the provision of new scoreboards for three softball fields at Community Park. Mr. Nelson's opinion is that Dr. Pepper's offer would be best for the park. Dr. Pepper's proposal included exclusive rights to sales at the Park concession stand, City Hall and the Public Works vending machines with a five year contract. The cost to the City would be approximately $6,125 for the installation of the scoreboards. City staff would do the actual installation with an electrician doing the wiring and hook-up at an approximate cost of$5500. Mr. Nelson also spoke to the Dr. Pepper representative about a scoreboard for the football field. This would be a refurbished board with the same requirements for City installation. Board members expressed a desire for Mr. Nelson to inquire about the possibility of a scoreboard for a 4th field. A motion was made by Willie Calverley to recommend to the City Council that the City accept the proposal made by Dr. Pepper for three new scoreboards on softball fields at Community Park. Seconded by Jerry Smith. All in favor - motion carried. ITEM NO. 3 - DISCUSS AND CONSIDER WSA REQUESTS - Dan Chestnut asked about dugout covers to be installed properly. Items discussed for Community Park were bulletin board near concession stand, new bleachers, concrete around backstops, more diamond clay on infields, doors for stalls in women's restrooms, cover expanded metal over restrooms, laborer to service restrooms/litter on Saturdays, flat fee for light usage, upkeep of fields by City, scoreboards, dugout covers installed properly, back screens, proper equipment to drag the fields, more than one portable toilet for T-Ball fields, elevated scorekeeper table, temporary fence around fields #5 and #6, water faucets near the infields, permanent fence around Rowell field, grass infield on Eldridge field, sell advertising on fences as a fund raiser. Also on the WSA list of requests was what has the City done for the baseball park in the past other than upkeep. This was answered by Mr. Nelson with general maintenance has been provided as well as clay, lights, sprinkler system. Mr. Nelson stated that most items on this list have been addressed by the City through budgetary or other P&R.102593 budget combined with the Community Park fund is capable of funding all these items; however, asked that the Board prioritize the items in order to create a reserve in case of cost over-runs and to provide start-up funds for the next year. Mr. Burns asked Tommy Pulliam, Baseball Commissioner what he would consider to be priority items. Priority items included concrete or similar material around backstops to stop soil/clay washing during rainy season. Dugout covers, water faucets near the infields, additional portable toilet(s), fence around Rowell Field, grass on Eldridge Field infields, advertising on fences and temporary fencing around fields 5 &6 during T-ball season also were included on the priority list. Dan Chestnut asked David Orr of WSA to speak to the Board about some of his concerns. Mr. On stated that his primary concern was the allocation of field usage. He feels the City needs a written policy concerning field usage to set priority claims on fields. Orr stated that he feels City residents and residents of the WISD should have priority over those outside this area for field usage. He would also like to see youth activities take precedence over adult activities. The number of young people participating in the baseball/softball programs is so great that scheduling fields for games and practice is a problem. He is asking that the City establish a written policy with guidelines. Jerry Smith made a motion that-tt two small bleachers at a cost of$2200 be deleted from the list of things to be done, also delete the grass infield at a cost of$2100 and add $500 for diamond clay. Motion, seconded by Aubrey Burroughs, all in favor, motion carried. ITEM NO. 4 - DISCUSS AND CONSIDER NOVEMBER 22, 1993 MEETING - A discussion was held on whether or not to hold the regular meeting due to the Thanksgiving Holiday. The consensus was to hold the meeting as regularly scheduled. ITEM NO. 5 - CITY COUNCIL/PARKS & RECREATION ADVISORY BOARD JOINT MEETING - Bill Nelson stated that Steve Norwood, City Manager had tentatively set November 11, 1993 at 7 PM for this joint meeting. Notices confirming this date will be sent to members of the Council and the Advisory Board. CITIZEN PARTICIPATION - None ADJOURNMENT - There being no further business, a motion was made by Dan Chestnut, seconded by Willie Calverley to adjourn. Meeting adjourned by Chairman Burns. John Burns, Chairman Submitted by: Barbara LeCocq, Secretary P&R.102593 MEMO TO: Steve Norwood FROM: Bill Nelson DATE: October 21 , 1993 SUBJECT: Scoreboards After many discussions with representatives from Coca-Cola, Dr . Pepper and Pepsi , the following offers for providing three (3) softball field scoreboards at Community Park were made : Coca-Cola - 8 year contract Dr . Pepper - 5 year contract Pepsi - 10 year contract All three ( 3) companies own the scoreboards for the contract term; require exclusive rights to sales at the concession stand, City Hall/Public Works vending machines ; they provide new scoreboards with remote controls and cable ; City installs scoreboards ( except for Pepsi - they will install ) ; City provides electrical hookups and maintains scoreboards . Installation cost estimates Electrical Contractor ( including wiring for possible future fourth scoreboard) $ 5 , 500 . 00 Support Beams $ 350 . 00 Concrete $ 175 . 00 Miscellaneous Hardware $ 100 . 00 TOTAL $ 6 , 125 . 00 The City of Wylie and Allen Weiss Enterprises have a lease agreement until March 1 , 1996 for Weiss to operate the concession stand . Also , Weiss ' primary provider of fountain drinks is Dr . Pepper . In my discussions with all three ( 3) companies , Dr . Pepper was the company who really seemed interested in this project . In addition, they have offered to provide a refurbished scoreboard for the football field under the terms of the original offer . (This installation cost estimate forthcoming) AaL. 0O,Oo - voci Aa.,_ 1 c-'tv,�a% I believe that the costs for three ( 3 ) scoreboards and possibly the 90 football scoreboard can be paid from the Community Park Fund. Therefore , I am recommending that the City of Wylie go with Dr . Pepper on this project . `y44 •3..Siel H.t0 ti ELE C1ilil. ICS 14rA9.1111. • , 41-'''. Ilk r.' j w P� Low Voltage _ �,� Control, Power • - • hook-up is not reauired at the I rut Control point. .- I F - . i III Z I• Plug-in, Removable. Solld•State Electronics Package controls all as 10,_ functions on scorebocrc. • Model BA400 ,...:2 ...... e .,...„ , 7.- Specifications Cabi;aet Size: Control: 8' W:de by •_a•. ` `v:da 3' 5 y„ ::h Sian'. Low voltage control has push button switches to ad- AIl Alu:n:a :crs .ic cn R„ e:ed and reinforced at Vance Score, Inning, Ball. Strike and Out circuits. No corners and poi.... ..,:a st-_ - power is needed at the control location. Finish: Remote Control Cable: One -:oat of high :ade p:: Ole coat of epoxy Multi conductor ena„«;i wa� a oiast:c::e:;.- � ,. �• �;' 18 gauge. 300 volt insulated. w dce :a^it in Black with Warranty: 'hire trim Only. :- �T,`_ .t,: : wee and vinyl iet- terin;e Fu.O:snea ;:. , ns, -racket_ et- One year warranty on parts and workmanship. Lamps dated at Tn nt Co_ excluded. Replacement parts in stock for exchange or v - repair. Numerals: Recessed , ti' .a;n a- screens in PRICES F.O.B. OKLAHOMA CITY. OK. ciudirg the Bail, St: t;e anc. O...: a7Ca. Lamps are Stan- DISTRIBUTED BY. dard Base Watt. _ v..: E__n. ._.. is encased in a high i.:11)ac: plastic _.. Electronics: •,• Eiect-rrics ate ,f -..- _lse f a Soi:d State. - r. _ _.. ,1; . . - . ;�. awe - enc?used r�� 0 m a n11/1.1 N m 11 fd -r '7 In i •' • ' HOME .• . , G .. . � z0 ' • . . ,r , , • -% i i • • • . # Ii .i1, i :116 • 0 ili • ,1. 4 . 0 0 t% IN • # • • •I fib . . .. 0 0.) 4,.. 0 INN I0 ,d 0 • • . . . 1 • I .. ,, I' . BALL ., STRIKE OUT ,... . II 1, • • ,p) . '74 3 .-r-1-10 .al u OLEN WILLIAMS, INC. Sales & Service a 1123 South Airport Circle Euless. 1 exas 76040 Metro (817) 267.3741 i • • 1To Owner's ' - • f�2O Volt SO Hz. Power Supply F-10"-•l . y . .•� 2160 Watt. Max Demaid. 1 r,-. - -. r _r r 8A-100 t .....• p'-0" i I s 1I 1 I3')we r ,1 . 1 k 1 { ' Control Cable e• ; ilti • Owner's Raintight • Fused Safety S�'it '• I ` 1 Owners i" wf 10 1 I Column f - 4'-0" 3-0" End tlevation 411 1 ; 16'-0" acle r ( , Li;i ; • 1 I :ontrol 'able1 I 1 f-1 1 r 1 1" cond iit where .1 ! .I,• 1 I�� I 1 a 4'_o•' 1.1r1... 1 .to clamor • f�9 ?n�9� 1 •fir, nI FM 11111 I T G11S INC R 17 AR9 0671 001 _ _ r./ A RI' r ---1 �„_, C.. ^ I- 17" l BA 1Oo--41 s u. F T i 1 t t B 8 N F D i 4' 0" ON CENTER T 1 M L . N A • T I _„ .a 0 4 . . >air c!?6. s 4 N 1) fi F ' °` 0 T — • 18" DIJ M!ru fl. FYGGESTED CTflUOTQRAL MP.MBtz VR MOUNTING THIS SCOREBOARD. 10 LB. W 8 WIDE FLANGE BEAMS 4 IN. O.D. SCHEDULE 40 PIPE 10.79 LBS. PER FOOT. ELECTRICAL REQUIREMENT: 120 VOLT 60 HZ.VOWER SUPPLY IO:MR. BILL NELSON FAX#214 442-4302 • i••i • i••• some HOME1..1 _•• .•• G U EST r'�.c • •••8 .•• ... 0.. ,.,.!.:. 1.r f • HH „ PERIOD FAIR.PLAY 8f1. center to center Foot•• coreboard 14ft. by 3ff. •vertising panel 14ff. by 18 in. ELECTRICAL REQUIREMENT: 166 LAMPS 25 WATT TOTAL DEMAND 4,150 WATTS. /r r City of Wylie AGENDA COMMUNICATION Legal Steven P. De' SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 11/4/93 Filing of Lawsuit by Doyle and Patti Spurgin For Damages Sustained in a June 21, 1993 fire at 1956 N. HWY 78 SUMMARY OF SUBJECT: The Spurgin's have filed an action against the City for damages they sustained in the fire on their premises located at 1956 N Hwy 78, in Wylie on June 21, 1993. The petition alleges that the City was negligent in that it failed to have sufficient amounts of water available to effectively fight the fire and as a consequence of the alleged negligence they suffered actual and special damages. Although the petition does not specify the amount of the damages, the Spurgin's have previously notified the City that the amount of their demand was $750,000. ALTERNATIVES: No alternatives are stated as this matter is in litigation and there is no alternative to dealing with it. The alternative ways of proceeding at this point may be addressed in executive session. ACTION REQUESTED: Staff recommendation is that council consider the content of the suit and appropriate responses and strategies, all in executive session, and take appropriate action, if any, following the executive session. ` J CAUSE � NO. I 1 3g „ DOYLE SPURGIN AND § IN THE DISTRICTT ti O PATTI SPURGIN § / § Aur VS. § OF DALLAS COUNTY § " fi THE CITY OF WYLIE, TEXAS § JNDICIAt, DISTRICT PLAINTIFFS ' ORIGINAL PETITION S TO THE HONORABLE JUDGE OF SAID COURT: &ly COMES NOW, DOYLE SPURGIN AND PATTI SPURGIN, Plaintiffs herein, and complain of The City of Wylie, Texas, Defendant in this action, and for cause of action shows the following: I. A. Plaintiff Doyle Spurgin is an individual residing in Dallas County, Texas. B. Plaintiff Patti Spurgin is an individual residing in Dallas County, Texas. C. Defendant is a municipality situated in Dallas County, Texas. Defendant may be served with process by serving the Honorable John Akin, Mayor fo R ie, Texas, at 2000 2 North Highway 78, Wylie, Dallas County, Texas. II. Venue is proper in this court because the events which are the basis of this suit occurred, at least at part, in Dallas County, Texas. III. Plaintiffs have suffered personal injuries when on June 21, 1993, Plaintiffs were unable to obtain water with which to PLAINTIFFS' ORIGINAL PETITION - PAGE 1 G:\WPOOC\JTJ\198\00859\PLEADINGS\ORIGINAL.PP extinguish a fire which ultimately destroyed their business premises at 1956 Highway 78. A citywide loss of water pressure was proximately caused by the negligence of The City of Wylie and/or its employees and agents who failed to activate and/or properly maintain city water pumps that were necessary to supply the city with adequate water pressure. IV. Defendant, The City of Wylie, Texas may be held to answer in a court of law because, this claim arises from the use of tangible personal property by Defendant, so that sovereign immunity is waived under the Texas Tort Claims Act. V. At all times material, all of the agents, servants, and employees of the Defendant who were in any way connected with the occurrence or acting within the course and scope of their employment or official duties and in the furtherance of the duties of their office or employment. VI. The occurrence described in this petition is a direct and proximate result of the negligence of The City of Wylie, Texas and its agents, servants and officers who negligently failed to activate and/or properly maintain city water pumps that were necessary to supply the city with adequate water pressure. . PLAINTIFFS' ORIGINAL PETITION - PAGE 2 G:\NP000 JTJ\198\00859\PLEADINGS\ORIGINAL.PP VII. As the direct and proximate result of the negligence of the Defendant, Plaintiffs have suffered mental anguish and emotional distress. Plaintiffs have been damaged in excess of the minimum jurisdictional limits of this court. VIII. Prior to the filing of this lawsuit, and within six months from the date of the occurrence described in this petition, Plaintiffs presented notice of their claim to Steve Deider, City Attorney for The City of Wylie, Texas, as prescribed by the Texas Torts Claims Act. A true copy of the notices are attached as Exhibit "A" and incorporated by reference herein as if set out in full for all purposes. WHEREFORE, Plaintiffs pray that Defendant be cited to appear and answer, and that upon final trial Plaintiffs have: 1. Judgment against Defendant for the actual and special damages suffered by Plaintiffs as a result of Defendant's conduct, in an amount within the jurisdictional limits of this court. 2 . Costs of suit. 3 . Pre-judgment and Post-judgment interest as provided by law. 4. Such other and further relief to which Plaintiffs may be justly entitled. PLAINTIFFS' ORIGINAL PETITION - PAGE 3 G:VR000\JTJ\198\00859\PLEADINGS\ORIGINAL.PP Respectfully submitted, FOWLER, WILES, NORTON & KEITH, L.L.P. BY a 91 a i J. kr' SCOTT JONES State Bar No. 10911600 JOEL T. GOMEZ State Bar No. 00784142 1900 Cityplace Center 2711 North Haskell Dallas, Texas 75204 214/841-3000 Telephone 214/841-3099 Telecopier ATTORNEY FOR PLAINTIFFS PLAINTIFFS' ORIGINAL PETITION - PAGE 4 G:\WPDOC\JTJ\198\00859\PLEADINGS\ORIGINAL.PP Atty FORM NO. 353-3 — CITATION THE STATE OF TEXAS CITATION THE crrY OF WYLIE, TEXAS r , by serving the Mszior, Jc n Akin 3- /0 - (32 - 93 TO 2000 North Highway 78 • � /J Wylie, TX ; /Y/J�)4 ft/-`f� /7/ el m/ No. 93-11138-E IS • Ibyle Spurgin, Etal You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the vs. expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you. Your answer should be addressed to the clerk of the 101st Judicial District Court at the George L. Allen, Sr. Courts Building, 600 Commerce Street, Dallas,Texas ' cur OF WYLIE, TEXAS 75202-4606. Said Plaintiff being tbyle Spuugin and Patti Spuxgin ISSUED Filed in said Court on the 21st day of- October 19 93 against This 22nd day of Cctnber 19 93 THE cur OF WYLIE, TEXAS BILL LONG Clerk, District Courts, For suit, said suit being numbered 93-11138-E , the nature of which demand Dallas County, Texas s as follows: By CarO Dpree Deputy SUIT ON nAMACES, E1U. is shown on said petition, a copy of which accompanies this citation. Atty for Plaintiff ',f this citation is not served, it shall be returned unexecuted. Joel T. 0anez 1900 CityPlace Center WITNESS: BILL LONG. Clerk of the District Courts of Dallas, County Texas. Dallas, 'rx 75204 3iven under my name and the Seal of said Court at office this the 22ni day of 214-841-3000 October 19 9'5 ATTEST: BILL LONG 'Jerk of the District Courts of Dallas County, Texas 3y Deputy