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03-10-1992 (City Council) Agenda Packet DATE POSTED 5-6-92 TIME POSTED 4:30 P.M. AGENDA RAGULAR MEETING CITY COUNCIL CITY (F WYLIE, TEXAS TUESDAY MARCH 10, 1992 7:00 P. M. COUNCIL NICIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION - Rev. Al Draper, First Baptist Church PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 4 Consider approval of the minutes of the February 25, 1992 Council Meeting 2 5 - 7 Presentation of Appreciation Certificate to Dr. Craig McMullin and Mrs. Gerry Waldo 3 CONSENT AGENDA The following items are to be considered as one item. The Council may move, by motion and second, to approve or reject all items contained within. Any Council member may request that an item or items be pulled from the Consent Agenda and be considered separately. If such a request is made, those items will occur in numerical order immediately following the vote on the Consent Agenda. A. 8 - 9 Consider approval of payment of Invoice No. 9171C from Helmberger Associates in the amount of $6,657.66 for services rendered from 1-13-92 through 2-9-92 regarding closure of Wylie Municipal Landfill B. 10 - 12 Consider approval of payment of Invoice No. 9190-2 and 9207-2 from Helmberger Associates in the amount of $4,224.62 for services rendered from 1-12-92 through 2-23-92 for additional services on closure of Wylie Municipal Landfill C. 13 - 14 Consider approval of payment of Invoice No. 03-028906-02 from Jones & Neuse for services during January, 1992 on groundwater monitor well sampling at Wylie Municipal Landfill D. 15 - 16 Consider approval of payment of Pav Estimate ORDER OF PAGE BUSINESS REFERENCE BUSINESS NEW BUSINESS 4 19 - 21 Consider approval of Resolution for the City of Wylie, establishing a Deferred Compensation Plan under the United States Conference of Mayors Deferred Compensation Program 5 22 - 25 Consider approval of a Special Permit under Section 7.02 of the City Code for the Wylie High School for the purpose of setting up an ,archery range on the school grounds 6 26 - 31 Consider approval of Ordinance adopting certain regulations relating to the Control of Vicious Dogs, defining certain terms used therein, providing requirements for owners of dangerous dogs; declaring certain pets to be unlawful; providing Civil and Criminal Penalties for violations, including destruction of the dangerous dog; providing for repeal of all ordinances in conflict therewith; providing a severability clause; and providing for an effective date OLD BUSINESS 7 32 - 47 Consider approval of two Interlocal Agreements, one with the Lucas Volunteer Fire Department and one with the Branch Volunteer Fire Department for Communications Center and Dispatch Service provided by City of Wylie Police Communications Center 8 48 - 50 Consider approval of recommendation from the Planning and Zoning commission on the Spring Creek Parkway Final Plat 9 51 Presentation of Annual Audit for 1990-91 by Rutledge, Crain & Company, PC 10 CITIZEN PARTICIPATION In accordance with the Open Meeting Act, the City Council will hear comments of Public Interest from citizens residing within the City Limits of Wylie. Any discussion must be limited to placing the item on a future agenda for consideration. Wylie residents wishing to speak before the Council should fill out the form provided at the back of the Chambers and will limit their remarks to a maximum of five (5) minutes. 11 ADJOURN CITY COUNCIL MEETING MINUTES FEBRUARY 25, 1992 The City of Wylie City Council met in regular session on Tuesday, February 25 , 1992 at 7 :00 P.M. in the council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John W. Akin, Mayor Pro Tem Jay Davis , Council Members Jim Swartz , William Martin, Don Hughes, Ortie Messenger and Percy Simmons, City Manager Steve Norwood, City Secretary Carolyn Jones , City Attorney Steve Dieter , City Engineer Paul Beaver, and Finance Director Brady Snellgrove. Mayor Akin called the meeting to order and Rev . Jerry North of the Assembly of God Church gave the invocation with the Pledge of Allegiance led by Councilman Martin. APPROVAL OF MINUTES OF JANUARY 28 , FEBRUARY 4TH AND 11TH, 1992 COUNCIL MEETINGS : A motion was made by Councilman Hughes to approve the minutes of the above Council meetings as submitted . Seconded by Councilman Martin . Councilman Messenger corrected the minutes of February 11 , 1992 as follows : The motion called for the May 2nd election to reflect the election will be for the Mayor and three Council positions and ten (10 ) amendments to the Home Rule Charter . Councilman Messenger also corrected the minutes to reflect the motion on the closure of the alleyway at Butler Circle to reflect the fact that Council want Acting City Manager and staff to go look at this situation and then have a meeting with the citizens in the area to work out this problem. Councilman Hughes amended his motion to approve the minutes with the above corrections . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . PRESENTATION OF PROCLAMATION FOR PUBLIC SCHOOL WEEK - MARCH 2 THRU 6 , 1992 - WYLIE INDEPENDENT SCHOOL DISTRICT : Mayor Akin presented the proclamation for Public School Week to Mrs . Betty Stephens and seven students representing each of the school campuses in Wylie. Mrs . Stephens thanked the Council for the proclamation and for all the support the City has given the school . PRESENTATION OF THE 1990-91 ANNUAL AUDIT: Mr . Lewis Crain of Rutledge Crain & Company, PC, Certified Public Accountants, started auditing the City of Wylie this year . Wylie is in the position to grow and grown if the recession Council , I have noted there are areas where funds should be combined, where the software system is an antiquated data processing system which has several design weaknesses. I do understand that the City is currently seeking information and putting together a software bid package . Sincer the Council did not receive this audit until late Monday afternoon, the Council requested that Mr . Crain come back at another date for another discussion on the audit . PRESENTATION OF THE MONTHLY FINANCIAL REPORT FOR THE MONTH ENDING JANUARY, 1992 : Finance Director Brady Snellgrove stated that this report is through the fourth month of the budget year. The revenues received are $3 ,787 ,596 with expenditures being $3 ,683 ,963 during these four months. Mr . Snellgrove stated that he would write a response to the auditor ' s management letter and also that the RFP ' s for the computer software has been completed and is in the mail to the vendors . REIMBURSEMENT OF OVERPAYMENT OF TAXES: Reimbursement of overpayment of taxes to Commonwealth Land and Title Co . in the amount of $693 .49 and to Waterfield Mortgage Co. in the amount of $666 .56 . A motion was made by Councilman Swartz to approve the overpayment of taxes to Commonwealth Land and Title Company in the amount of $693 .49 and to Waterfield Mortgage Company in the amount of $666 . 56 . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF CONTRACT WITH JONES AND NEUSE, INC. : This contract is for the final landfill monitoring well sampling for the first and second quarters of 1992 . Mr . Paul Beaver , City Engineer , wanted to continue with Jones and Neuse, Inc. for this final two quarters of sampling , as this is the only firm that has been involved in the sampling of the monitoring wells. At the completion of the second quarter , staff will be looking at local firms to handle the sampling of these wells. By continuing to use Jones and Neuse, Inc. if there is a problem, then staff has only one firm to work with in gathering the sampling results and other data to present to State. A motion was made by Councilman Messenger to approve the contract with Jones and Neuse, Inc. for the final landfill monitoring well sampling for the first and second quarter of 1992 . Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - against , Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with six in favor , and one against . UPDATE OF SPRING CREEK PARKWAY AND UTILITY SERVICE AREA AND CLOSURE OF RAILROAD CROSSING: Mr . Paul Beaver, City Engineer , stated that the County has held the pre-bid conference and is anticipating awarding the contract for this job around the first of April , 1992 . The City has year , in 10 years $3 ,500 and in 40 years $13 ,000 2 . trade a portion of the City' s service area in the most northern part of Newport Harbor to Wylie Northeast Water Supply for the area of the Armory 3 . Wylie Northeast Water Supply has put up a new water tower , this has been constructed but not tied into the North Texas Municipal Water District main line - - - this cannot be done until Council grants another delivery point The time frame for getting this resolved is June to July, 1992 . The Armory is to be completed in July, and the City Attorney has given Wylie Northeast Water Supply until late June to come to an agreement with the City. There was some discussion regarding the National Guard going to the Water Commission and getting this resolved. The City Attorney said there was nothing in the Water Code about a state agency being able to do this , but if they have some clout and want to try, it would be up to the National Guard to do so. It was suggested to have a work session on this area, due to the lack of sewer service. This is something that needs to be looked at . A motion was made by Councilman Hughes to table this item until a work session could be called. Seconded by Mayor Pro Tem Davis. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . RECOMMENDATIONS FROM THE PARK BOARD ON CHANGES IN THE MASTER PLAN FOR THE COMMUNITY PARK: Mr . Bill Nelson , Park Director , stated that the Park Board voted unanimously to make two recommendations to the City Council for consideration, they are: 1. to make a change in the Community Park Master Plan to reflect the six playing fields and their location requested by WSA 2 . to match the funds of $5750 pledge by WSA to install sprinkler system on playing fields numbers 1-4 and to do additional dirt work to the fields including fields 5 & 6 . The sprinkler systems are estimated at a cost of $9,000 to $10 ,000 and the additional dirt work is estimated at $1 ,500 . Councilman Messenger thanked Mr. Nelson for his work with WSA and the Park Board for their work. Councilman Messenger made a motion to approve the recommendations for an Ordinance to be prepared amending the Master Plan for the Community Park. Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin discuss with City Attorney a claim against the city by Ida Pearl Scholtz , owner of the B. C. Wood Estate. Mayor Akin reconvened Council into open session at 8 :45 P.M. A motion was made by Mayor Pro Tem Davis to give instruction to City Attorney, Mr . Steve Deiter , to continue the negotiations with Mrs . Scholtz . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. There being no other items of business, a motion was made to adjourn with all in favor. John W. Akin, Mayor ATTEST : Carolyn Jones, City Secretary TO: STEVE NORWOOD, CITY MANAGER • FROM: CAROLYN JONES, CITY SECRETARY DATE: MARCH 4 , 1992 SUBJECT : CERTIFICATES OF APPRECIATION After receiving a phone call from a representative from A-1 Ambulance, Staff felt it appropriate to make a presentation to Dr . McMullin and Mrs . Waldo, for administering life saving CPR on a citizen on February 25 , 1992 . The citizens is recovering because these two people cared enough to help. / \ / , e t `^� Yrlf t j t^..1 .U-�-"N ,-- -+ l �A rt+ r r "�.U, uV j r.,•\ \/ -t; i 7- �, �7,4 y '.fo. 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Apprert`atitomn ,„,. ,,. ..... 4,.•,,, L.,. , r i f: + a r:l 7; )......._.: " ,,,,,,,.....„.,,,..„. ley.• + 4,,,ii,„ ... - i , ,..�� .,....,..,....„. , :,,, .. ..,,.. • . � �hiu �s to certify th i II, >. � .._.„: „..,..,.„.tl:;%-.1•' fj ! ;,, ,,4r,J . ii , K. ,i • I. errjor I, ,. �� . �� Ls herchu recugnt eb for j 17?::).:..';--,••,.:1'.'),` ` I ` •Mth"t5 ter Cft SaIti o 1 y it l h IIrr'�"' •x 7 :,... ,r1:,....,/... ...., . ..., '91 '. -' - , 1 • MEMORANDUM TO: Steve Norwood, City Manager FROM: Paul D. Beaver , Director of Planning & Engineering(E) DATE: February 26, 1992 SUBJECT: Helmberger Associates Invoice No. 9171C Services rendered, from 1-13-92 through 2-9-92 Closure Plan for Wylie Municipal Landfill Attached is pay request #9171C from Helmberger Associates in the amount of $6, 657. 66 related to the City Council approved engineering services contract directly related to the closure of the landfill . The contract is now in the Phase III Construction Supervision Phase with 95% construction project completion estimated to be accomplished by 3/1/92 assuming dry weather . Please place this item on the next Council Agenda. Payment is recommended. h l mbf orm HELMBERGER ASSOCIATES INVO[]CE CIVIL AND ENVIRONMENTAL ENGINEERS P.O. BOX-86'F 51 PLANO.TEXAS-7 508 6z1 3 5 1 (214)442-7459 City of Wylie INVOICE NO. : 9171C 2000 Highway 78 North PN# : 9171 P.O. Box 428 DATE : February 21, 1992 Wylie, Texas 75098 Attn: Mr. Paul Beaver, P. E. , Director of Planning and Engineering Professional services rendered to date for preparation of the closure plan for the Wylie' Municipal Landfill. FOR PROFESSIONAL SERVICES RENDERED FROM 1-13-92 THROUGH 2-9-92 Direct Salary Expense: Technician 36 . 25 Hrs. * $27 . 32/Hr. = $ 990. 35 Clerical 4 . 25 Hrs. * $24 . 32/Hr. = $ 103 . 36 Staff Engineer 88 . 75 Hrs. * $52 . 50/Hr. = $ 4 , 659 . 38 Principal 5. 50 Hrs. * $80. 00/Hr. = $ 440. 00 Total Direct Salary Expense $ 6, 193 . 09 TOTAL ENGINEERING SERVICES CONTRACT AMOUNT $46, 500. 00 TOTAL ENGINEERING SERVICES BILLED PREVIOUSLY 1 . #9171 $19, 182 . 62 2 . #9171A $11, 396. 36 3 . #9171B $ 5, 639 . 59 Subtotal $36, 218 . 57 Direct Costs: Long Distance Phone Calls $ 6. 00 * 1. 15 = $ 6. 90 Office Supplies/Reproduction $397 . 97 * 1. 15 = $ 457 . 67 Total Direct Cost This Invoice $ 464 . 57 DIRECT COST AMOUNT PREVIOUSLY BILLED $ 3 , 990. 21 AMOUNT DUE THIS INVOICE $ 6, 657.66 Inv. #9171C DCH WHITE - ORIGINAL YELLOW REMITTANCE COPY PINK-FILE 1 `1 014 I / ► MEMORANDUM TO: Steve Norwood, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering \ DATE: February 26, 1992 SUBJECT: Helmberger Associates invoice Nos. 9190-2 and 9207-2 Services rendered from 1-12-92 through 2-23-92 Additional Services for Closure of Wylie Municipal Landfill Attached are pay requests #9190-2 and 9207-2 from Helmberger Associates for the total amount of $4, 224. 62 for additional engineering and surveying services relating directly to the closure of the landfill for the cover depth survey for the 2' minimum clay cap and for initial excavation construction staking for Randall and Blake. Please place this item on the next Council Agenda. Payment is recommended. addsery HELMBERGER ASSOCIATES EVOKE CIVIL AND ENVIRONMENTAL ENGINEERS ,nr yr`, It�.•. • ROFir 9Et64t351 ' i4 I I (214)442-7459 City of Wylie INVOICE NO. : 9190-2 2000 Highway 78 North PN# : 9190 P.O. Box 428 DATE : February 24, 1992 Wylie, Texas 75098 Attn: Mr. Paul Beaver, P. E. , Director of Planning and Engineering Additional engineering services to Helmberger Associates, Inc. contract for closure of the Old Wylie Municipal Landfill on Alanis Road for the cover depth survey for the 2 ' minimum clay cap on the landfill . FOR PROFESSIONAL SERVICES RENDERED FROM 1-13-92 TO 2-23-92 Direct Salary Expense: Technician 48 . 00 Hrs. * $27. 32/Hr. = $1, 311. 36 Staff Engineer 22 . 00 Hrs. * $57 . 50/Hr. _ $1, 265. 00 Total Direct Salary Expense $2, 576. 36 Direct Costs: 1. Tractor Rental (JD2350) 4 . 0Hrs * $50. 00 = $ 200. 00 AMOUNT DUE THIS INVOICE $2,776.36 Inv.#9190-2 SAH WHITE-ORIGINAL YELLOW- REMITTANCE COPY PINK-FILE HELMBERGER ASSOCIATES INVOICE CIVIL AND ENVIRONMENTAL ENGINEERS it Pint IIr :I It t,':r1h 1115; P:Or O3 SS14161 I 1 I I": )r1.11 III). (214)442-7459 City of Wylie INVOICE NO. : 9207-2 2000 Highway 78 North PN# : 9207 P.O. Box 428 DATE : February 24, 1992 Wylie, Texas 75098 Attn: Mr. Paul Beaver, P. E. , Director of Planning and Engineering Additional surveying services to Helmberger Associates, Inc. contract for closure of the Old Wylie Municipal Landfill on Alanis Road for rough excavation construction staking for Randall and Blake. FOR PROFESSIONAL SERVICES RENDERED FROM 1-12-92 TO 2-23-92 Direct Salary Expense: Survey Crew 16. 00 Hrs. * $85. 00/Hr. = $1, 360. 00 M Direct Costs: 1. Supplies $76.75 * 1. 15 = $ 88. 26 AMOUNT DUE THIS INVOICE $1,448.26 Inv.19207-2 SAH WHITE-ORIGINAL YELLOW- REMITTANCE COPY PINK-FILE MEMORANDUM TO : Steve Norwood, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering DATE: February 26, 1992 SUBJECT: Jones & Neuse Pay Estimate Invoice No. 03-028906-002 January 1992 Services Groundwater Monitor Well Sampling Attached is a payment request from Jones & Neuse in the amount of $529. 81 for the fourth calendar quarter monitor well testing required by the Texas Department of Health. This testing provides conformation of the data which the landfill closure plan was approved upon. This represents 50% completion by dollar amount of the 11-15-91 approved $5, 700 contract. Please place this item on the next Council Agenda. Payment is recommended. jnpaymen �C)NESANI) Nf:USE, IN(.. February 15, 1992 Invoice No. 03-028906-002 J11811 IH-I0 East, Suite 450 Houston, Texas 77029 713-450-1882 Fourth Cal . Quart. Mon. • Paul Beaver ,� •Director of Planning & Enginee ''�� t 1. } ' , City of Wylie I��I�. L; 2000 Hwy 78N __.._... ._._..........__. Wylie, Texas 75098 • PM146 Period of Service: January 1, 1992 through January 31, 1992 Fourth quarter sampling report preparation. Labor Engineer VI 3 . 000 hr @ $ 90. 00/hr = 270 . 00 Env Specialist VI 1.250 hr @ $ 90 . 00/hr = 112 .50 Technician VII 1. 000 hr @ $ 55 . 00/hr = 55 .00 Clerk III 1. 750 hr @ $ 33 . 00/hr = 57. 75 495 .25 Expenses Computer Charges 10 . 00 Telecommunications 24 .56 34 .56 Amount Due This Invoice $ 529 . 81 PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS . AFTER 30 DAYS, INTEREST OF 1°s PER MONTH WILL BE APPLIED TO AMOUNT DUE. TERMS:Net cash,due on receipt of invoice.Payable in Houston,Harris County,Texas A 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT. OA " r MEMORANDUM11 TO : Steve Norwood, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering VT, DATE: March 2, 1992 SUBJECT: Randall & Blake Pay Estimate No. 2 Landfill Closure, Attached is Pay Estimate No. 2 from Randall & Blake in the amount of $53, 760. 50 for expenses directly related to the $172, 692. 50 approved contract for the closure of the landfill . This represents 51% completion by dollar amount, or 67% by calendar days. Please place this on the next City Council Agenda. Payment is recommended. i !)19AIQ j APPLICATION AID CERTIFICATE FOR PAYIENT PROJECT: Closure of the Old Municipal Wylie Landfill DISTRIBUTION TO: Page 1 of 2 TO: City of Wylie PERIOD TO: February 25, 1992 APPLICATION NO: 2 _a_ Owner .-FAJP1 -R l- andaiad-Blake ia-(Engine) _ &Mine, , : ..\ • APPLICATION DATE: February 25, 1992 0O1TRA:T DATE: December 311, 1991 _x_ Contractor I A B C D E F 6 1 H I J K f---F-- - 1--- -1 1 ---(---- (COMPLETED WOIi((COMPLETED THIS PERIOD MATERIALS TOTAL COMPLETED BALANCE TO ITTE ICM DESCRIPTION OF ITEMS CONTRACT UNIT UNIT PRICE SOEDULEO FROM PREVIOUS PRESENTLY STORED &STORED TO I % FINISH _ NO. QUANTITY VOLE APPLICATION O51*TITY f ATOM I(NOT IN 6 OR H) DATE (HOOD COMMIE (F-J) 1 CLEARING AND GRUBBING 46.116 AC $45.011 $1,800.011 f91f.al 20.0a AC SSW 0a fi).60 f1,81a.0a 160.611t WOO i, 2 EICAVATION AM)GRADING 57100.Be CY S1.52 016,640.0a f3a,4/0.0a 321M.00 CY 148,646.0a f0.00 f79,a40.0a 91.23% ST,601L 0I 3 BERMUDA GRASSING 46.116 AC S575.80 123,000.00 was 0.00 AC *ENO f0.00 Si).00 0.N% 123,800.B0 -4--FRBOYEr-DISPOSE,-INSTALL 6L+6i-A$L-BASE1 .RO--4-CACII S385.00 I 1385.00-I f0.00-1 0.00-EACH1- 10.a0=1 AL60 I i0.i0J Lite `3pias 5 9 6A 6' IEAVY DUTY CHAIN LINK FETCE 6000.00 LF $7.39 $44,340.00 SLAB 1,al LF f0.0a SS.al 01.(111 LOW f44,340.0a •' 6 EROSION CONTROL.HAY BALES 650.00 EACH $7.35 $4,777.50 Mao LSO EACH f0.as W.0e f0.al 0.0a% 14,777.50 7 LOAD. HAUL, SPREAD OFF-SITE CLAY FILL 5800.0a CY $2.35 S11,750.011 f0.as 3810.al CY 17,650.B0 W.al $7,OB.0a WANK $4,700.0S I. 1- .,) I TOTALS S172,692.50I 631,310.011 1.56,590.01) A).al f87,896.Be $2.51 f84,8a2.511 1 TOTAL CURRRCT CALENDAR DAYS 6a 5A11 Page 2 of 2 %%l3 fAt EIOAR DAYS-TO OATC swirl COMPLETE %. i CEED NOTICE ID PRO 1-06-92 . CONTRACT START DATE 1-16-92 The undersigned Contractor certifies that to the best of the Contractor's r; knowledge, information and belief the Work co*ered by this Application for ;.. Pa feted-ie-accordance-with►-the-Contract-Doc, nterthat all amounts have been paid by the Contractor for Work for chide previous Iy ) , Cart:ficat Payment were issued and payments received from the anti and that payment shown herein is now due. I. CONTRACTED): : n r Z . " 9z- j I. ) ' . 'orrwitfrthe-Contract. BReItEER'S-CERFIFICATE-FOF PAYMENT . In accordance with the Contract Documents, based on on-site observations and ' 1. ORISI? .CONTRACT SUM $172,692.51) the data comprising the above application, the Engineer certifies to the .2. Net Change by Change Orders Mal Deter that to the best of the Engineer's knowledge, information and belief 1;, 3.-EENTRACT-SU-TO-DATE-itinE-t-+/-2) 61-72,692.al the-Work-has-progressed-as-indicated.--the-quality-of-the-Work-in accordance '4. TOTAL COALETED i STONED TO DATE f87,890.00 with tthe Contract Documents, and the Contractor is entitled to payment of ) " (Column J Above) S. RETAINA6E 76 Q 6.0 feted 6orA 44ti394.50 A11O �IFlt MTIFFlD � r---- (5%of Column 6+H) (Attach explanation if amount certified differs from y 0•' b. 5%of Stored Material $I.al the amount applied for.) . 15%of Column I) Tufal Retainagre-(53'r-5b) f4�390k 59 DV 1'6. TOTAL EARNED LESS SETAE/SCE f83,495.511 ©-L i. (Line 4 less Lin 5 Total) By: ' _7. LESS PREVIOUS CERTIFICATES FOR PWYIENT $29,735.911 i_. (Line 6 frarprior cerlifi,de) • 'catersnot ,ego iable he-AMOMFCERTIFIID}-is-payable-anit-to 1.. : '8. CURRENT PAYMENT DLE $53,760.50 ;the Con actor named herein. Issuance, payment and acceptance of payment are I"' .j'-9. MAKE TO FINISH, PLUS AETAINABE a84,197.0a ;without prejudice to any rights of the Derr or Contractor under this Contract. `. -iL. I"1 i - G .I k .. -- .... -. -• _. -- - --ter__ _ - -- ?�"'. - -- - - - _ MEMORANDUM DATE : March 4 , 1992 TO : Mayor and City Council �%r FROM: Steve Norwood , City Mana : 1 RE: Designation of an Acting City Manager in Compliance With The City Charter Article 4 , Section 1 , Subsection D of the City Charter stipulates that the City Manager , shall within thirty ( 30) days of taking office , file with the City Secretary an alternate to perform the duties of the City Manager in the case of his absence or disability. The City Council shall ratify the City Manager's designated alternate . Accordingly, my designee is Mrs . Carolyn Jones V4110 CITY OP' WYLIE 2000 HWY. 78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 March 4 , 1992 Carolyn Jones , City Secretary City of Wylie P. 0. Box 428 Wylie , Texas 75098 Dear Ms . Jones : In compliance with Article 4 of the City Charter , you are hereby informed that you will be the Acting City Manager in the event of my absence or disability . t Sincerely, -, 44erphi - Steven P. Norwood City Manager SPN/ac TO: STEVE NORWOOD, CITY MANAGER FROM: CAROLYN JONES, CITY SECRETARY DATE: MARCH 4 , 1992 SUBJECT: DEFERRED COMPENSATION PLAN The attached Resolution for the City of Wylie is establishing a deferred compensation plan , which will be in addition to the Texas Municipal Retirement Plan that the City has today. The additional plan is at no cost to the City, and is not mandatory for any of the employees. It is strictly on a volunteer basis, and is done through payroll deduction. This plan will be administrated by PEBSCO, and has over 1,277 cities currently under this plan. There are no annual fees on this plan like other deferred plans. Staff has discussed this plan and would recommend approval . RESOLUTION NO. A RESOLUTION FOR THE CITY OF WYLIE, TEXAS ESTABLISHING A DEFERRED COMPENSATION PLAN UNDER THE UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM WHEREAS, the City has considered the establishment of a Deferred Compensation Plan to be made available to all eligible city employees, elected officials and independent contractors pursuant to Federal legislation permitting such Plans; and WHEREAS, certain substantial tax benefits could accrue to employees, elected officials , and independent contractors participating in said Deferred Compensation Plans; and WHEREAS, such benefits will act as incentives to City employees to voluntarily set aside and invest portions of the current income to meet their future financial requirements and supplement their City retirement and Social Security ( if applicable) , at no cost to the City; and WHEREAS, The U. S. Conference of mayors has established a master prototype deferred compensation program for cities and political subdivisions permitting its member cities and their employees to enjoy the advantages of this program; and WHEREAS, The U . S. Conference of Mayors, as Plan Administrator, agrees to hold harmless and indemnify the City, its appointed and elected officers and participating employees from any loss resulting from the U. S. Conference of Mayors or its Agent' s failure to perform its duties and services pursuant to the U . S. Conference of Mayors Program; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 The City Council hereby adopts the U . S. Conference of Mayors Deferred Compensation Program and its attendant investment options and hereby established the City of Wylie Deferred Compensation Plan for the voluntary participation of all eligible city employees, elected officials and independent contractors . SECTION 2 The City Secretary/Personnel Director is hereby authorized to execute for the City , individual participation agreements with each said employee requesting same, and to act as the "Administrator" of the Plan representing the City, and to execute PASSED, ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE 10TH DAY OF MARCH, 1992. John W. Akin, Mayor ATTEST: Carolyn Jones, City Secre . ry APPROVE') T�` • ' ' oor , / it Atte e = De.4iA - , Ci i : tt. rney i I , Carolyn Jones, City Secretary of the City of Wylie, State of Texas , do hereby certify that the above resolution, proposed by Councilmember , seconded by Councilmember , was duly passed and adopted by the Council of the City of Wylie, Texas at a regular meeting thereof assembled this the 10th day of March, 1992 , by the following vote, to wit: AYES : COUNCILMEMBERS : NOES: COUNCILMEMBERS: ABSENT : COUNCILMEMBERS: Carolyn Jones , City Secretary City of Wylie, Texas MEMORANDUM)/ DATE: February 27, 1992 TO: Steve Norwood, City Manager FROM: Harvey M. Hightower, Chief of Police ,44/ SUBJECT: Recommendation to City Council I am requesting that a recommendation be made to the City Council to approve a special permit under Section 7 . 02 of the Wylie City Code for the Wylie High School via Mr . John Hartley, Agriculture Science Teacher at Wylie High School, for the purpose of setting up an archery range on the school grounds . Please see the attached memorandum from Mr . Dieter and the letter from Mr . Hartley. Thank you for your consideration . krh MEMORANDUM DATE : February 26 , 1992 ` TO : Chief Harvey Hightower FROM: Steve Deiter , City A torney RE: Use/Construction of Archery Range on School Property This is in response to the request of John Hartley to establish and use an archery range , for school purposes , behind the high school in the City of Wylie . The letter forwarded to you requested assurance that no City Ordinances or other laws would be violated by this activity and further requested your personal approval , represented by your signature on the letter , for the activity . Section 7 . 01 of the Wylie City Code makes it unlawful for any person to discharge or cause to be discharged a bow and arrow within the City limits of Wylie . Section 7 . 02 of the same chapter sets forth exceptions to the above stated general rule . Subsection B of section 7 . 02 states that the prohibition shall not apply when "a special permit application describing in detail the request of the application has been filed with the City Secretary, reviewed by the Chief of Police , and approved by the City Council ." It is my opinion that compliance with this exception would be necessary to allow Mr . Hartley to lawfully conduct bow and arrow shooting in the City limits . I am of the further opinion that the letter which Mr . Hartley has already submitted is sufficient to constitute an application , with sufficient detail , for the special permit . I would suggest that the original of this letter which I am returning with this memorandum be filed with the City Secretary , as required by the City Code . I would further suggest that you make a recommendation concerning this request and direct such recommendation to the City Council . Once this recommendation is made the Council could consider granting of the permit at its next meeting . In the event they would approve the request I think the archery range could be constructed and used without further official action on the part of the City. You may want to provide Mr . Hartley with a copy of this memorandum , or call him at the number listed in the letter , so that he might be apprised of the City's position . It might also be appropriate to advise him of your opinion on this matter so as to give him an idea of whether or not it might be ultimately be approved by the Council . In making this recommendation I assuming the Council will go along with whatever recommendation you may have in regard to this issue . If you require further follow up from me on this issue please advise . cc : Steve Norwood , City Manager Carolyn Jones , City Secretary a WYLIE INDEPENDENT SCHOOL DISTRICT Don E.Whitt Robert Shirley.Principal Superintendent Wylie High School John Hartley Ag. Science Instructor Wylie High School Box 490 Wylie, Texas 75098 Chief Harvey Hightower Wylie Police Department P. 0. Box 1062 Wylie, Texas 75098 Dear Chief Hightower, My name is John Hartley and I am the Vocational Agriculture Science teacher at Wylie High School. In the Ag. Science program, I teach a semester course in cooperation with the Texas Parks and Wildlife Department entitled "Wildlife Management and Hunter Education". In this class, the students earn their mandatory Hunter Education certificate which is now required of all young people born after 1972 before they can hunt in Texas. Portions of this class deal with firearm and archery equipment safety. I would like to give these students hands-on-experience with archery equipment. I propose to construct a small archery range on school property located behind the Ag. Science department. This range would be used during the archery segment of the class. The range would be constructed with an adequate backstop of hay bales or similar material with a shooting range of 5, 10, 15, and 20 yards. Arrows would be fitted only with field tips. Since both hunter ethics and responsibility are stressed in this class, I wanted to make sure that no laws or city ordinances would be violated during this instructional segment of the class. If this proposal meets with your approval, please sign and return this letter to me. If you have any questions, please call me at 442-3610 after 1:00 p.m. Thank you, "11/1544 dtley 41N Robert Shirley, High School Principal Harvey Hightower, Chief of Police P.O.Box 490•Wylie,Texas 75098-0490•(214)442-2218 1 MEMORANDUM DATE : February 20, 1992 TO: City Council ‘1111111kVIP‘ FROM: Steve Deiter , City • ttorney RE : Vicious Dog Ord nance In its last session the State Legislature passed a bill reworking state law regabding vicious dogs . The City does not have to adopt the state law concerning vicious dogs . However , our current vicious dog ordinance is probably suspect , at best , regarding its constitutionality . Therefore I would recommend some changes be made , whether the state law is adopted or not . Kevin Mathews has suggested that we enact the state version and I agree with his recommendation . I have drafted such an ordinance for your review and consideration and attach the same herewith . The ordinance , for the most part , is a restatement of the "new" state law. I have , however , retained limited portions of the old ordinance . These retained portions are acceptable from constitutional perspective and useful from a local enforcement perspective . Those portions of the ordinance which have a line in the right margin came directly from state law. The balance is retained or verbiage for enactment . Kevin Mathews has reviewed the ordinance and is satisfied with its provisions . Should any of you have any questions on this matter or require further information or background please advise . cc : Steve Norwood , City Manager Kevin Mathews , Animal Control ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS , ADOPTING CERTAIN REGULATIONS RELATING TO THE CONTROL OF VICIOUS DOGS , DEFINING CERTAIN TERMS USED THEREIN, PROVIDING REQUIREMENTS FOR OWNERS OF DANGEROUS DOGS ; DECLARING CERTAIN PETS TO BE UNLAWFUL; PROVIDING CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS , INCLUDING DESTRUCTION OF THE DANGEROUS DOG; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE ; AND PROVIDING FOR AN EFFECTIVE DATE . WHEREAS , the City of Wylie has an inherent interest and power to protect its citizens from dangerous conditions within the City and incident thereto to regulate such dangers and provide remedies for abatement of such dangers as well as penalties for violations of such regulations ; and , WHEREAS , Subchapter D, to Chapter 822 of the State Health and Safety Code provides for regulation of dangerous dogs allows cities to adopt such regulations ; and , WHEREAS , the City Council has , in its legislative discretion , determined that the aforesaid state law ( Section 822 . 041 through 822 . 047 , inclusive) more fairly and effectively regulates dangerous animals than does the City' s existing laws , as set forth in Section 15 of Chapter 2 of the Wylie City Code ; and , WHEREAS , the City Council desires to adopt the aforesaid state Jaw, with certain amendments and additions , as a local law for the City of Wylie , NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE .. CITY OF WYLIE , TEXAS , as follows : Section 1 . That Section 15 of Chapter 2 of the Wylie City Code is hereby deleted in its entirety and the following is substituted therefore : Section 15 DANGEROUS DOGS Sec . 15 . 01 DEFINITIONS ( a ) "Animal Control Authority" means the City of Wylie animal control officer as defined and appointed under Section 1 of Chapter 2 of the Wylie City Code . ( b) "Dangerous Dog" means a dog that : ( 1 ) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was nna that was reasonably certain to ( c) "Dog" means a domesticated animal that is a member of the canine family . ( d) "Secure enclosure" means a fenced area or structure that is : ( 1 ) locked ; ( 2 ) capable of preventing the entry of the general public , including children ; ( 3 ) capable of preventing the escape or release of a dog ; ( 4 ) clearly marked as containing a dangerous dog; , and ( 5 ) if on a porch , patio or any part of a house or structure , secured in such a fashion to prevent the dog from exiting the structure , of its own volition , through open windows , screen windows , screen doors or other means . ( e) "Owner" means a person who owns "or has custody o control of the dog . Sec . 15 . 02 REQUIREMENTS FOR OWNER OF DANGEROUS DOG ( a ) Not later than the 30th day after a person learns that the person is the owner of a dangerous dog ,1 the person shall : ( 1 ) register the dangerous dog with the animal control authority for the City ; ( 2 ) at all times keep the dog in a secure structure , or if not in a secure structure on leash , not exceeding six feet in length , in the immediate control of a person and muzzled by a muzzling device sufficient to prevent the dog from biting persons . ( 3 ) obtain liability insurance coverage or show financial responsibility in an amount of at least $ 100 , 000 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person . ( 4 ) All owners of dangerous dogs shall provide to the City two color photographs , at the time of registration , of the dog in two different poses showing the color and approximate size of the animal . ( b) For purposes of this section , a person learns that' the person is the owner of a dangerous dog when : ( d) An owner , not later than the 30th day after the date the owner is notified that a dog owne by the owner is a dangerous dog , may appeal th determination of the animal control authority to justice or municipal court of competent juris diction . An owner may appeal the decision of th justice or municipal court in the same manner as appeal for other civil cases . Sec . 15 . 03 REGISTRATION ( a) The animal control authority for the City shall annually register a dangerous dog if the owner : ( 1 ) presents proof of : ( A) liability insurance or financial responsi—I bility , as required by Section 15 . 02( a) ( 3 ) ( B) current rabies vaccination of the \'I dangerous dogs , and ( C) the secure enclosure in which the dangerous dog will be kept ; and ( 2 ) pays an annual registration -fee of $50 . 00 ( b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag . The owner must place the tag on the dog' s collar . ( c) If an owner of a registered dangerous dog sells or' moves the dog to a new address , the owner , _not later than the 14th day after the date of the sale or move , shall notify the animal control authority of such move and new address . On presentation by the current owner of the dangerous dogs prior registration tag and payment of a fee of $25 . 00 the animal control authority shall issue a new registration tag to be placed on the dangerous dog' s collar . ( d) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people . Sec . 15 . 04 ATTACK BY DANGEROUS DOG ( a) A person commits an offense if the person is th owner of a dangerous dog and the dog makes a unprovoked attack on another person outside th dog' s secure enclosure and causes bodily injury to the other person . ( b) An offense under this section is a Class C misde— meanor , unless the attack causes serious bodily A_ _tit. : .,1,; ,.i, o„e„ r rhn of fpnaP is a ( d) In addition to criminal prosecution , a person who commits an offense under this section is liable for a civil penalty not to exceed $ 10 , 000. 00 . The City Attorney may file suit in a court of competent jurisdiction to collect the penalty . Penalties collected under this subsection shall be retained by the City . Sec . 15 . 05 VIOLATIONS (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if person fails to comply with anythe Section 15 . 02 . provisions of ( b) An offense under this section is a Class C misde- meanor . Sec . 15 . 06 DEFENSE (a) It is a defense to prosecution under Section 15 . 04 or Section 15 . 05 that the person is a veterinarian , peace officer , a person employed by a recognized animal shelter , or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership , custody , or control of the dog in connection with that position . ( b) It is a defense to prosecution under Section 15 . 04 or Section 15 . 05 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes . ( c) It is a defense to prosecution under Section 15 . 04 or Section 15 . 05 that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act ( Article 4413( 29bb) , Vernon' s Texas Civil Statutes . Section 2 . That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any conflict or any inconsistency . Section 3 . Should any paragraph , sentence , sub-division clause section of this ordinanceadjudged ' , phrase or unconstitutional , illegal or invalid thesameorshall dnottaffect the validity of this ordinance as a whole or any part or provision thereof , other than the part so declared to be invalid , illegal , or unconstitutional . DULY PASSED AND APPROVED by the City Council of the City of Wylie , Texas , this day of , 1992 . City of Wylie , Texas BY John W. Akin , Mayor ATTEST : Carolyn Jones , City Secretary APPROVED AS TO FORM: Steven P . Deiter , City Attorney " MEMORANDUM DATE: February 18, 1992 TO: Steve Norwood, City Manager FROM: Harvey M. HightOwer, Chief of Police //O SUBJECT: Figures for Charging Other Area Fire Departments for Communication Services We would recommend that a $1 . 2185 per capita be charged to other area fire departments that our Communications Division provides services to. This figure is derived by taking the total cost of running the Communications division and dividing that dollar amount by the number of minutes in a year, giving a per minute cost breakdown . $114, 853 . 00/525, 600 = $ . 2185 per minute . An administrative fee of $1 . 00 per capita is then added making the total amount charged per capita $1 . 2185 . This would mean a one year charge of $1, 584 . 05 for the Branch Fire Department . ( 1300 people in the fire district X $1 . 2185 = $1, 584 . 05 ) . For the Lucas Fire Department, the one year charge would be $3, 046 . 25 . ( 2500 people in the fire district X $1. 2185 = $3, 046 . 25) . Of course, these figures reflect the rate for this budget year . The amounts would have to be prorated for the remainder of this fiscal year . For example, Branch would pay 924 . 03 if their service began March 1, 1992 . There is another option of charging only a flat $500 . 00 administrative fee on top of the . 2185 per capita . The amount for Branch would be $784 . 05 for this fiscal year ( $500 . 00 + $284 . 05 = $784 . 05) . Lucas would pay $1, 046 . 25 for this fiscal year ( $500 . 00 + $546 . 25 = $1, 046 . 25) . Again, these figures would have to be prorated . These methods are based upon the possibility that each person in each fire district will use at least one minute of service in the year . The cost per minute will change each fiscal year according to the appropriated budget for communications . The administrative fees can be justified by the number of personnel throughout the city that will work on the contracts each year, the proposals to City Council, maintaining communications with the other fire departments, etc. There has already been a substantial amount of manhours utilized in setting up this proposal . Communications equipment has had to be SURROUNDING CITIES BEING CHARGED FOR COMMUNICATIONS SERVICES PER CAPITA CITY Der year YEARLY CHARGE POPULATION Farmersville $ . 91 $2, 400 . 00 2649 Branch" $1 . 2185 $1, 584 . 00 1300 Lucas* $1 . 2185 $3, 056 . 00 2500 Celina $1 . 38 , $2, 400 . 00 1737 Prosper $1 . 75 $1, 500 . 00• 1029 Fairview $2 . 45 $3, 850 . 00 1571 Weston $2 . 48 $ 900 . 00 362 *Proposed figures . •Prosper is charged between $100 . 00 to $150 . 00 a month . This figured was based on the average ( $125 . 00 ) per month . We would recommend that a $1 . 2185 per capita be charged to other area fire departments that our Communications Division provides services to. This figure is derived by taking the total cost of running the Communications division and dividing that dollar amount by the number of minutes in a year, giving a per minute cost breakdown . $114, 853 . 00/525, 600 = $ . 2185 per minute . An administrative fee of $1 . 00 per capita is then added making the total amount charged per capita $1 . 2185 . This would mean a one year charge of $1, 584 . 05 for the Branch Fire Department . (1300 people in the fire district X $1 . 2185 = $1, 584 . 05 ) . For the Lucas Fire Department, the one year charge would be $3, 046 . 25 . ( 2500 people in the fire district X $1. 2185 = $3, 046 . 25) . Of course, these figures reflect the rate for this budget year . The amounts would have to be prorated for the remainder of this fiscal year . For example, Branch would pay $924 . 03 if their service began March 1, 1992, and Lucas would pay $1, 776 . 95 for the same period . INTERLOCAL AGREEMENT FOR COMMUNICATIONS CENTER AND DISPATCH SERVICE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS : COUNTY OF COLLIN THIS AGREEMENT is by and between the CITY OF WYLIE , TEXAS , a municipal corporation, 2000 Hwy 78 N . , P. 0 . Box 428 , Wylie , Texas 75098 (hereinafter referred to as "CITY" ) and the BRANCH VOLUNTEER FIRE DEPARTMENT , a VOLUNTEER FIRE ASSOCIATION hereinafter referred to as "Branch Fire Department" . WITNESSETH: WHEREAS , the CITY deems establishment and development of a comprehensive Regional Public Safety and Public Service Communications and Dispatch Center a desirable objective ; and , WHEREAS , CITY has in place a communication center equipped with radio , telephone , and data equipment and is designated as a 911 Emergency Communications Public Safety Answering Point (PSAP) ; and , WHEREAS , CITY currently has equipment and operator availability above and beyond the immediate needs of the CITY and available to address the regional communications/dispatch needs for the purpose of local government/agency communications ; and , WHEREAS , CITY has determined it to be in the best interest of the public to share its communication facility , equipment and personnel capabilities with cities , towns , fire departments , emergency medical care providers and other governmental entities in order to facilitate more effective and efficient use of the communications center ; and , WHEREAS , the I•nterlocal Cooperation Act , Article 4413 ( 32c) Vernon's Annotated Civil Statutes provides the authority to political subdivisons for contracts by and between each other to facilitate the governmental functions and services of said political subdivisions under the terms of the Act ; NOW, THEREFORE , in consideration of the above premises and the promises and agreements hereafter between set forth the parties hereby agree and covenant by and between themselves as follows : 1 . CITY does hereby agree to provide on a non-exclusive basis , communication and dispatch services through its communications/dispatch center to Branch Fire Department . 2 . This agreement and all privileges granted thereby shall be in full force and effect from and after the day of , 1992 at 12 : 01 a .m . 3. Branch Fire Department shall bear , pay and discharge any and all obligations , costs , fees or expenses incurred by CITY or Branch Fire Department for Branch Fire Department' s initial start-up and accessing of the communications/dispatch center including the costs of acquiring its required radio and/or telephone equipment . All such charges shall be paid directly by Branch Fire Department and in no event shall any charges be made or accrued to CITY. 4 . Branch Fire Department shall indemnify and hold harmless CITY of and from any and all claims , suits , actions or judgments , including all expenses , attorney fees , witness fees , cost of defending any such action or claims , or appeals therefrom , or resulting from Branch Fire Department' s sole or joint negligence incident to Branch Fire Department's use of said communications/dispatch center or occurring because of Branch Fire Department' s use of the communications/dispatch center as a 911 PSAP . 5 . CITY shall indemnify and hold Branch Fire Department harmless of and from any and all claims , suits , actions or judgments , including all expenses , attorney fees , witness fees , cost of defending any such action or claims , or appeals therefrom , resulting from CITY'S sole or joint negligence incident to CITY'S use of said communications/dispatch center or occurring on the premises where said communications/dispatch center is located . 6. It is the responsibility of Branch Fire Department to ensure that its use of the communications/dispatch center conforms to all Federal Communications Commission rules and regulations . 7 . Branch Fire Department agrees to provide complete and adequate ongoing training to personnel selected by Branch Fire Department in the use of the communications/dispatch center . 8 . It is specifically agreed and understood by the parties hereto that this agreement is permissive only and no property rights are granted hereunder . 9 . It is understood by Branch Fire Department that in times of disasters or unusual events , service under this agreement may be interrupted through no fault of CITY . In such event , no credit or rebate shall be earned for such interruption of service , unless Branch Fire Department's use of the communications/dispatch center is continuously interrupted for a period of seven ( 7 ) consecutive days , in which event Branch Fire Department shall receive a credit or rebate on a pro rata basis beginning with the eighth day of continuous interruption . 10 . Branch Fire Department shall be authorized to activate the telephone lines , telephone equipment , radio equipment (mobile , portable , or desk type ) , and other communication or data equipment listed and described in Exhibit "C" attached hereto upon execution of this agreement . Additional equipment , up to a 100% increase in the number of units in any category of equipment , may be added upon written request . Such maximum may be adjusted by amendment of this agreement . 11 . Branch Fire Department shall pay CITY at the standard rates described in Exhibit "A" . Branch Fire Department shall be billed for and pay an annual service fee for each service provided by the communications/dispatch center based on the population served . For example if Branch Fire Department contracts for police , fire and public works dispatch services , the total annual service fee paid by Branch Fire Department would be 3 times the annual service fee rate given in Exhibit "A" times the population served by Branch Fire Department . The form attached as exhibit "B" shall be used to determine annually the type. service to be provided for Branch Fire Department by the CITY and to calculate the annual service fee . This form shall be completed and executed annually, on behalf of the parties to this agreement , by the persons designated to receive notices and correspondence relating to this agreement and , once executed , shall become a part of this agreement . The annual service fee shall be due and payable annually, in advance , with payment due each year on the anniversary date of the start of service through the communications/dispatch center for Branch Fire Department . Payment of all annual service fees due to CITY shall be made within thirty ( 30) days of the anniversary date of this agreement . 12 . Should Branch Fire Department elect to request that a type of service available through the CITY be provided on a less than full time basis , the annual service fee for that service shall be calculated , billed and paid on a pro-rata basis . The fee in such instance shall be calculated as a percentage of the fee that would be due if the service were to be provided on a full time basis . The percentage of time the service is to be provided shall be used to calculate the annual service fee . 13 . The annual population estimates available from the North Central Texas Council of Governments (NCTCOG) shall be used to calculate the annual service fee . If all or part of Branch Fire Department's service area is outside an area for which NCTCOG makes an annual population calculation , the population for that area shall be determined annually by adding or subtracting the annual growth rate for Collin County , as determined by NCTCOG , from the population estimate used to calculate the annual service fee for this area in the preceding year . 14. In addition to the annual service fee , Branch Fire Department shall pay a fee for each call or call for service handled through the communications/dispatch center . This fee shall be charged and paid based on the charges for calls , by type of call , described in Exhibit "A" . Each type call shall be billed based on the standard fee for that type call as described in Exhibit "A" . These charges shall be billed and paid monthly with a bill for services provided being furnished within fifteen ( 15) days after the last day of the month during which services were rendered . This bill for services shall be due and payable within thirty ( 30) days of receipt . 15 . Failure to pay any bill for annual service fees or call for service fees within thirty ( 30) days of the due date thereof may be considered sufficient reason to temporarily suspend services furnished by CITY under this agreement . If such suspension of services becomes necessary , CITY will furnish Branch Fire Department notice of such suspension and the effective date and time thereof in accordance with the procedures for revocation of services stated herein above . 16 . So that CITY and all entities or agencies participating in the regional communications/dispatch center may have projected cost estimates in advance of the normal municipal budgeting cycle , CITY shall evaluate and determine the estimated annual costs for operating the communications/dispatch center prior to July 1 of each year . Based on this determination of costs , each participating entity shall be furnished an estimated cost for participation for the next fiscal year with this estimate to include the annual service fees and the call for service fees . This estimate will be furnished on or before July 15 of each year . Rate increases , based on this annual review, shall be determined by CITY prior to September 1 of each year and shall be effective for services received after October 1 , the beginning of a new fiscal year for CITY , of each year , CITY shall notify each participant in the regional communications/dispatch center of any rate increases for services performed or in the annual service fee by certified mail , mailed to the person designated in this agreement to receive such notices , mailed on or before September 1 of each year . 17 . CITY shall provide the equipment , all necessary maintenance , supplies , personnel , and all other expenses necessary for the operation of the regional communications/dispatch center . Branch Fire Department shall pay the fees assessed for Branch Fire Department's portion of the costs of operating the communications/dispatch center . 18 . Branch Fire Department shall pay all expenses for operation and maintenance of any equipment or facilities installed and operated at the regional communications/dispatch center for the exclusive use of Branch Fire Department . Radio equipment transmitting on frequencies used only by Branch Fire Department or special telephone equipment to terminate lines for the exclusive use of Branch Fire Department , or its service area , are examples of the types of equipment or facilities that fall into this category for determination of costs and who is responsible for payment of related expenses . 19 . Branch Fire Department' s rights under this agreement may not be assigned to its successors in interest without the written consent of CITY . 20 . In the event Branch Fire Department shall fail to fulfill any of its obligations hereunder or shall violate ( as determined by City in its sole discretion) any municipal , county , state or Federal law, City shall have the option of revoking this agreement by giving written notice of such violation and intent 30 days in advance of the effective date of the termination . 21 . Branch Fire Department may terminate their agreement , with 60 days prior written notice to CITY for following circumstances ; a) Within 120 days of proposed rate increase , or b) If CITY has failed for 30 days to remedy breach of any of its obligation hereunder . 22 . Any notice , payment , statement , demand or correspondence required or permitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail . Notices of rate adjustments , notices of termination of this agreement , and notices of address changes shall be delivered by certified mail . Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section . If intended for CITY , to : Mail address Steven P. Norwood City Manager City of Wylie Box 428 Wylie , Texas 75098-0428 Physical address Steven P. Norwood City Manager City of Wylie 2000 Hwy 78 North Wylie , Texas If intended for Branch Fire Department , to: Mail address ( name) ( title) ( entity) (mail address ) ( city/state/ZIP ) Physical address (name) ( title) ( entity) (mail address ) ( city/state/ZIP ) 23 . Correspondence , comments , requests , and complaints regarding services rendered under this .agreement shall be reduced to writing and forwarded to the persons designated above . In no case shall any person make any complaint , request , comment or demand , other than those that would be considered normal business transaction under this agreement , to on duty personnel or to any person other that the persons designated in paragraph 22 above . Failure to properly forward comments , requests , demands , and complaints may be considered as sufficient cause to revoke this agreement under the provisions of paragraph 20 and 21 hereof . 24 . Unless otherwise designated in writing and made a part of this agreement , the persons designated in paragraph 22 above are hereby designated as the agent for the parties to this agreement and as such are designated and authorized to make decisions and determinations as may be authorized in this agreement or as may be necessary for the effective , efficient providing of service under this agreement . Such decisions , once made shall be final and binding under the terms of this agreement . 25 . This agreement shall expire three ( 3) years ( thirty six ( 36 ) months) after the effective date hereof . This agreement may be extended by written agreement of both parties and it may be terminated in accordance herewith . IN WITNESS WHEREOF , the parties have executed this agreement on the dates set forth below. CITY OF WYLIE, TEXAS , a municipal corporation BY: John W. Akin Mayor ATTEST: Carolyn Jones City Secretary DATE : APPROVED: Steven P. Deiter City Attorney BRANCH VOLUNTEER FIRE DEPARTMENT a VOLUNTEER FIRE ASSOCIATION By : (name ) ( title ) ATTEST: (name ) ( title ) DATE : APPROVED: (name ) ( title ) INTERLOCAL AGREEMENT FOR COMMUNICATIONS CENTER AND DISPATCH SERVICE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS : COUNTY OF COLLIN THIS AGREEMENT is by and between the CITY OF WYLIE , TEXAS , a municipal corporation , 2000 Hwy 78 N . , P. 0. Box 428 , Wylie , Texas 75098 (hereinafter referred to as "CITY" ) and the LUCAS VOLUNTEER FIRE DEPARTMENT , a VOLUNTEER FIRE ASSOCIATION hereinafter referred to as "Lucas Fire Department" . WITNESSETH: WHEREAS , the CITY deems establishment and development of a comprehensive Regional Public Safety and Public Service Communications and Dispatch Center a desirable objective ; and , WHEREAS , CITY has in place a communication center equipped with radio , telephone , and data equipment and is designated as a 911 Emergency Communications Public Safety Answering Point (PSAP) ; and , WHEREAS , CITY currently has equipment and operator availability above and beyond the immediate needs of the CITY and available to address the regional communications/dispatch needs for the purpose of local government/agency communications ; and , WHEREAS , CITY has determined it to be in the best interest of the public to share its communication facility, equipment and personnel capabilities with cities , towns , fire departments , emergency medical care providers and other governmental entities in order to facilitate more effective and efficient use of the communications center ; and , WHEREAS , the Interlocal Cooperation Act , Article 4413 ( 32c ) Vernon' s Annotated Civil Statutes provides the authority to political subdivisons for contracts by and between each other to facilitate the governmental functions and services of said political subdivisions under the terms of the Act ; NOW, THEREFORE , in consideration of the above premises and the promises and agreements hereafter between set forth the parties hereby agree and covenant by and between themselves as follows : 1 . CITY does hereby agree to provide on a non-exclusive basis , communication and dispatch services through its communications/dispatch center to Lucas Fire Department . 2 . This agreement and all privileges granted thereby shall be in full force and effect from and after the day of , 1992 at 12 : 01 a .m . 3. Lucas Fire Department shall bear , pay and discharge any and all obligations , costs , fees or expenses incurred by CITY or Lucas Fire Department for Lucas Fire Department's initial start-up and accessing of the communications/dispatch center including the costs of acquiring its required radio and/or telephone equipment . All such charges shall be paid directly by Lucas Fire Department and in no event shall any charges be made or accrued to CITY . 4 . Lucas Fire Department shall indemnify and hold harmless CITY of and from any and all claims , suits , actions or judgments , including all expenses , attorney fees , witness fees , cost of defending any such action or claims , or appeals therefrom , or resulting from Lucas Fire Department's sole or joint negligence incident to Lucas Fire Department's use of said communications/dispatch center or occurring because of Lucas Fire Department's use of the communications/dispatch center as a 911 PSAP. 5 . CITY shall indemnify and hold Lucas Fire Department harmless of and from any and all claims , suits , actions or judgments , including all expenses , attorney fees , witness fees , cost of defending any such action or claims , or appeals therefrom, resulting from CITY'S sole or joint negligence incident to CITY'S use of said communications/dispatch center or occurring on the premises where said communications/dispatch center is located . 6 . It is the responsibility of Lucas Fire Department to ensure that its use of the communications/dispatch center conforms to all Federal Communications Commission rules and regulations . 7 . Lucas Fire Department agrees to provide complete and adequate ongoing training to personnel selected by Lucas Fire Department in the use of the communications/dispatch center . 8 . It is specifically agreed and understood by the parties hereto that this agreement is permissive only and no property rights are granted hereunder . 9 . It is understood by Lucas Fire Department that in times of disasters or unusual events , service under this agreement may be interrupted through no fault of CITY . In such event , no credit or rebate shall be earned for such interruption of service , unless Lucas Fire Department' s use of the communications/dispatch center is continuously interrupted for a period of seven ( 7 ) consecutive days , in which event Lucas Fire Department shall receive a credit or rebate on a pro rata basis beginning with the eighth day of continuous interruption . 10 . Lucas Fire Department shall be authorized to activate the telephone lines , telephone equipment , radio equipment ( mobile , portable , or desk type ) , and other communication or data equipment listed and described in Exhibit "C" attached hereto upon execution of this agreement . Additional equipment , up to a 100% increase in the number of units in any category of equipment , may be added upon written request . Such maximum may be adjusted by amendment of this agreement . 11 . Lucas Fire Department shall pay CITY at the standard rates described in Exhibit "A" . Lucas Fire Department shall be billed for and pay an annual service fee for each service provided by the communications/dispatch center based on the population served . For example if Lucas Fire Department contracts for police , fire and public works dispatch services , the total annual service fee paid by Lucas Fire Department would be 3 times the annual service fee rate given in Exhibit "A" times the population served by Lucas Fire Department . The form attached as exhibit "B" shall be used to determine annually the type service to be provided for Lucas Fire Department by the CITY and to calculate the annual service fee . This form shall be completed and executed annually , on behalf of the parties to this agreement , by the persons designated to receive notices and correspondence relating to this agreement and , once executed , shall become a part of this agreement . The annual service fee shall be due and payable annually , in advance , with payment due each year on the anniversary date of the start of service through the communications/dispatch center for Lucas Fire Department . Payment of all annual service fees due to CITY shall be made within thirty ( 30) days of the anniversary date of this agreement . 12 . Should Lucas Fire Department elect to request that a type of service available through the CITY be provided on a less than full time basis , the annual service fee for that service shall be calculated , billed and paid on a pro-rata basis . The fee in such instance shall be calculated as a percentage of the fee that would be due if the service were to be provided on a full time basis . The percentage of time the service is to be provided shall be used to calculate the annual service fee . 13 . The annual population estimates available from the North Central Texas Council of Governments (NCTCOG) shall be used to calculate the annual service fee . If all or part of Lucas Fire Department's service area is outside an area for which NCTCOG makes an annual population calculation , the population for that area shall be determined annually by adding or subtracting the annual growth rate for Collin County , as determined by NCTCOG , from the population estimate used to calculate the annual service fee for this area in the preceding year . 14 . In addition to the annual service fee , Lucas Fire Department shall pay a fee for each call or call for service handled through the communications/dispatch center . This fee shall be charged and paid based on the charges for calls , by type of call , described in Exhibit "A" . Each type call shall be billed based on the standard fee for that type call as described in Exhibit "A" . These charges shall be billed and paid monthly with a bill for services provided being furnished within fifteen ( 15) days after the last day of the month during which services were rendered . This bill for services shall be due and payable within thirty ( 30) days of receipt . 15 . Failure to pay any bill for annual service fees or call for service fees within thirty ( 30) days of the due date thereof may be considered sufficient reason to temporarily suspend services furnished by CITY under this agreement . If such suspension of services becomes necessary, CITY will furnish Lucas Fire Department notice of such suspension and the effective date and time thereof in accordance with the procedures for revocation of services stated herein above . 16 . So that CITY and all entities or agencies participating in the regional communications/dispatch center may have projected cost estimates in advance of the normal municipal budgeting cycle , CITY shall evaluate and determine the estimated annual costs for operating the communications/dispatch , center prior to July 1 of each year . Based on this determination of costs , each participating entity shall be furnished an estimated cost for participation for the next fiscal year with this estimate to include the annual service fees and the call for service fees . This estimate will be furnished on or before July 15 of each year . Rate increases , based on this annual review, shall be determined by CITY prior to September 1 of each year and shall be effective for services received after October 1 , the beginning of a new fiscal year for CITY , of each year , CITY shall notify each participant in the regional communications/dispatch center of any rate increases for services performed or in the annual service fee by certified mail , mailed to the person designated in this agreement to receive such notices , mailed on or before September 1 of each year . 17 . CITY shall provide the equipment , all necessary maintenance , supplies , personnel , and all other expenses necessary for the operation of the regional communications/dispatch center . Lucas Fire Department shall pay the fees assessed for Lucas Fire Department's portion of the costs of operating the communications/dispatch center . 18 . Lucas Fire Department shall pay all expenses for operation and maintenance of any equipment or facilities installed and operated at the regional communications/dispatch center for the exclusive use of Lucas Fire Department . Radio equipment transmitting on frequencies used only by Lucas Fire Department or special telephone equipment to terminate lines for the exclusive use of Lucas Fire Department , or its service area , are examples of the types of equipment or facilities that fall into this category for determination of costs and who is responsible for payment of related expenses . 19 . Lucas Fire Department's rights under this agreement may not be assigned to its successors in interest without the written consent of CITY . 20 . In the event Lucas Fire Department shall fail to fulfill any of its obligations hereunder or shall violate ( as determined by City in its sole discretion) any municipal , county , state or Federal law, City shall have the option of revoking this agreement by giving written notice of such violation and intent 30 days in advance of the effective date of the termination . 21 . Lucas Fire Department may terminate their agreement , with 60 days prior written notice to CITY for following circumstances ; a) Within 120 days of proposed rate increase , or b) If CITY has failed for 30 days to remedy breach of any of its obligation hereunder . 22 . Any notice , payment , statement , demand or correspondence required or permitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail . Notices of rate adjustments , notices of termination of this agreement , and notices of address changes shall be delivered by certified mail . Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section . If intended for CITY , to : Mail address Steven P. Norwood City Manager City of Wylie Box 428 Wylie , Texas 75098-0428 Physical address Steven P. Norwood City Manager City of Wylie 2000 Hwy 78 North Wylie , Texas If intended for Lucas Fire Department , to : Mail address ( name) ( title) ( entity) (mail address ) ( city/state/ZIP ) Physical address ( name) ( title) ( entity) (mail address ) ( city/state/ZIP ) 23 . Correspondence , comments , requests , and complaints regarding services rendered under this . agreement shall be reduced to writing and forwarded to the persons designated above . In no case shall any person make any complaint , request , comment or demand , other than those that would be considered normal business transaction under this agreement , to on duty personnel or to any person other that the persons designated in paragraph 22 above . Failure to properly forward comments , requests , demands , and complaints may be considered as sufficient cause to revoke this agreement under the provisions of paragraph 20 and 21 hereof . 24 . Unless otherwise designated in writing and made a part of this agreement , the persons designated in paragraph 22 above are hereby designated as the agent for the parties to this agreement and as such are designated and authorized to make decisions and determinations as may be authorized in this agreement or as may be necessary for the effective , efficient providing of service under this agreement . Such decisions , once made shall be final and binding under the terms of this agreement . 25 . This agreement shall expire three ( 3) years ( thirty six ( 36 ) months) after the effective date hereof . This agreement may be extended by written agreement of both parties and it may be terminated in accordance herewith . IN WITNESS WHEREOF , the parties have executed this agreement on the dates set forth below. CITY OF WYLIE , TEXAS , a municipal corporation BY: John W. Akin Mayor ATTEST: Carolyn Jones City Secretary DATE : APPROVED: Steven P. Deiter City Attorney LUCAS VOLUNTEER FIRE DEPARTMENT a VOLUNTEER FIRE ASSOCIATION By: (name ) ( title ) ATTEST: (name) ( title ) DATE : APPROVED: (name ) ( title ) l % I 1 MEMORANDUM TO: Steve Norwood, City Manager 0(‘°.)FROM: Rick Herzberger, Building Official DATE: March 4, 1992 SUBJECT: Spring Creek Parkway Final Plat Council Agenda - 3/10/92 On Tuesday, March 3, 1992, the Planning and Zoning Commission recommended approval of the Spring Creek Parkway Final Plat. Attached is the Memorandum to the Commission from Paul Beaver as well as a condensed copy of the Final Plat. Please place this item on the March 10, 1992 City Council Agenda. MEMORANDUM TO: Rick Herzberger, Building Official FROM: Paul D. Beaver, Director of Planning & Engineering DATE: February 26, 1992 SUBJECT: Final Plat Spring Creek Parkway Please place on the next available Planning & Zoning Agenda for the review and approval of the Spring Creek Parkway Final Plat. This Plat will dedicate a 50' right-of-way for the extension of Spring Creek Parkway from the AT & SF Railroad on the south to the DART railroad tracks on the north a distance of approximately 495' . The total acreage involved is 0. 56 acres. This 50' right-of-way is necessary in order to extend Spring Creek Parkway to provide access to the new National Guard Armory which is under construction at this time. Additional slope, construction, and utility easements will be dedicated to allow necessary construction to take place. This project is on the approved Thoroughfare Plan and will extend a 23' wide section of pavement ( 1/2 of the ultimate road width) from the existing pavement to the south side of the DART tracks. Water and sewer will be provided to the Armory site. The bid opening for this project will be March 5, 1992. The estimated award date is April 1 , 1992, with construction to begin shortly thereafter. In order to meet the above time schedules, it is imperative that P & Z review and approval is accomplished. Thank you for your cooperation. III C v 5°' \ O ��0/ - \• ��\� i" Q \<,,: u ' ,, 2.79' i 57'46'28" E. / >P -- 4c� 5" 56' � ' ,OP .fit / a s\- ,-ice / .,` , 8' I�UBLI(, . 0 `1 ? 79' `\ ' e \ /' -GD` V Vol. •'f1.�, I'c3. ' 0 ( \ (, IN i I� 15' �\ \�,J \• • V ().1“. C. F. ir'1 0 , "` �.''\ .. 15' DRAINAGEcr_ '>.\X \\ '/9-' �, 'VI EASEMENT ' ( C�\_.: ` ('�(,~ , / 1 / ,Fe.: z(l, i `' �. CENT O V"- -''- (2 6 ;:• -' 20' SLOPE EASEMENT •<\ <1,\, '' ( 10' TEMPORARY / CONSTRUCTION EASEMENT .2- ./.' U/K)% ;.;)C \\, '>, >.,, A = 18°56 08 �, % `'5�/ a•a\ \'‘ R = 1500.00' •k) i�i \18' PUf31iC; ,�'22 \'. ' L = 495.73' ROAD s \ z.z CB = S. 36'37'51 " E. Vol. 2 O - c) , Pq ., ,- L:<\\ \`' / CL = 493.48' • 10' UTILITY 6, = 18'56'51 " sip �\ • \ � EASEMENT K) �• ' C� S 76'23'11" W L = 479.51 ' .pFiL �.\,\ % 51.. of`{ CB = N. 37'06'48" W. ♦ '�' •��\ ,'/ 14\ ..)(",S ''‘c)>-\ \ / -b.?5 ------ t C \ R• S\`''' \\\ \ ____ _ __ ___.,--- II \ 1 F e R. . to--- __ >-\ 1 & Sdn =-- POINT 0F\ �pekU oF-..\110v) C GA./- S 76'23'11 " W `BEGINNING R•,9r,t- D --:--- („),3 ' 2E0 — 51 .48' 445, P9�:----'- o in 1< -- 1 ri\Unrc( cam-ple•\I 3 LOT 1 BLOCK B MEMORANDUM DATE: February 20 , 1992 TO: Steve Norwood, City Manager FROM: Brady Snellgrove, Finance Director SUBJECT: Annual Financial Report for Fiscal Year Ending September 30 , 1991 The City's outside audit firm, Rutledge Crain & Company, PC, will be presenting the year end financial reports at the February 25, 1992 Council meeting. The reports being presented to the City Council will consist of the Independent Auditor's Report, the General Purpose Financial Statements(Combined Statements with footnotes) , and the auditor's Management Letter to the City Council . The bound copies of the reports should be available from the auditor's on Monday February 24th and will be distributed to the Council on that day.