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09-10-1991 (City Council) Agenda Packet DATE POSTED 9-06-91 TIME POSTED 5:00 P.M. AGENDA REGULAR MEETING CITY COUNCIL CITY Off WYLIE, TEXAS TUESDAY, SEPTEMBER 10, 1991 7:00 P. M. COUNCIL HERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 6 Consider approval of the minutes from the June 28th, July 9, 1991 Council meetings 2 7 - 11 Discuss and Consider 1,615 City Code Violations at Southfork Mobile Home Park 3 12 - 20 Discuss and Consider Approval or Disapproval of Preliminary Plat for the proposed Oakridge Subdivision Development 4 21 - 31 Discuss and Consider establishment of an Emergency Preparedness Plan of Action in conjunction with Collin County and approve Ordinance, Resolution and Mutual Aid Agreement 5 32 - 35 Discuss and Consider Nominating Candidates to serve on the Collin County Central Appraisal District Board of Directors 6 36 - 37 Discuss and Consider Two (2) Formal Bid Proposals for the City of Wylie Group Health and Life Insurance Coverage 7 38 - 40 Discuss and Consider an Ordinance Establishing a maximum lawful Prima Facie Speed Limit of Forty-Five (45) Miles Per Hour on Sanden Boulevard. in its entirety, within the City, providing for the erection of signs; providing for the repeal of other ordinance in conflict; providing a severability clause, providing for a fine and providing an effective date 8 41 - 43 Discuss and Consider Proposal fran Physicians Regional Hospital on Ingress and Egrees to State Highway 78 9 44 - 45 Discuss and Consider Selection of an Inserts outside Independent Auditing Firm after formal proposals have been analyzed to conduct the FY91 City Audit 10 46 - 50 Discuss and Consider formal Agreement for Services between the City of Wylie and Dennis Hensley d/b/a PC's and More of Wylie for Data Processing and Computer System Technical Assistance ORDER OF PAGE BUSINESS REFERENCE BUSINESS 11 51 Discuss and Consider Update and Progress Report and City's tentative proposals to the Texas Department of Health on City Landfill Closure 12 52 - 58 Discuss and Consider Engineering and Environmental Services Agreement with Jones and Neuse, Inc. 13 59 - 60 Discuss and Consider Impact of House Bill Number Eleven (11) on Solid Waste Disposal Cost 14 61 - 64 Discuss and Consider Formal - Written Legal Opinions related to the Record of proceedings on the Issuance of $3.5 Million of Certificates of Obligation in February of 1990 15 65 - 67 Discuss and Consider Formal - Written Legal Opinions related to the Record of proceedings on the Issuance of $1,275,000 of Certificates of Obligation in May of 1988 16 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 the City of Wylie. Any discussion must be limited to placing the item on a future agenda for further consideration. Wylie residents wishing to speak before Council should fill out the form provided at the back of the chambers and limit remarks to a maximum of five 95) minutes. 17 Recess Regular Business Meeting and Convene City Council into Work Session 18 Discuss the FY92 Budget 19 Adjourn • CALLED CITY COUNCIL MEETING - MINUTES JUNE 28 , 1991 The City of Wylie City Council met in a called emergency meeting on Friday, June 28 , 1991 at 5 :30 P.M. in the Council Conference Room of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Jay Davis, Council members Jim Swartz , Don Hughes, and Percy Simmons, City Manager Bill Dashner , City Secretary Carolyn Jones, and City Attorney Steve Deiter. Council Members William Martin and Ortie Messenger were absent. Mayor Akin called the meeting to order and stated the meeting has been called in order to consider formal response to proposal from Cambridge Income Fund representatives for Southfork Mobile Home Park. City Manager Bill Dashner stated that staff met with Cambridge and it was agreed that Wylie and Cambridge would sign an agreement on the water service. When the agreement came in it was not what was discussed at the meeting. City Attorney, Steve Deiter said the agreement is not totally out of line from what we had discussed, but the main problem is 90 days is to long of a time period to get this completed. City Manager Bill Dashner wanted to know if Council was still in agreement with the following: (1) The City of Wylie will require that Cambridge Income Fund (Southfork Mobile HOme Park) make a decision on how it intends to meter or non-meter the individual units. If Cambridge Income Fund (Southfork Mobile Home Park) desires to purchase all meters in the ground the City of Wylie will sell them for $20 .00 a meter . If a decision is made not to purchase the meters, the City of Wylie will pull all meters . The City of Wylie is requiring official notification on this matter on or before July 8 , 1991 at 5 : 00 P.M. (2) The City of Wylie cannot suspend, waive or fail to enforce all Mobile Home Ordinance and City Code violations pertaining to the Health, Safety and Welfare of the public. All of these code violations will be fully enforced with appropriate citations effective July 8 , 1991 . If Cambridge Income Fund (Southfork Mobile Home Park) cannot determine what it needs to accept and manage its own water system on private property then the City of Wylie will unilaterally take the appropriate action to protect the public on loss of revenue after the date of July 8 , 1991 . A motion was made by Councilman Simmons to authorize the above response to Cambridge Income Fund (Southfork Mobile Home Park) . 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 Hughes - in favor, and Councilman Simmons - in favor. This motion carried with all in favor. There being no other items for discuss, a motion was made and seconded to adjourn with all in favor. John W. Akin, Mayor ATTEST: Carolyn Jones , City Secretary CITY COUNCIL MEETING MINUTES JULY 9 , 1991 The City of Wylie City Council met in regular session on Tuesday, July 9 , 1991 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 Percy Simmons, Don Hughes, William Martin, Ortie Messenger , and Jim Swartz , City Manager Bill Dashner , City Secretary Carolyn Jones, City Attorney Steve Deiter, City Engineer Paul Beaver and Code Enforcement Officer Rick Hertzberger. Mayor Akin called the meeting to order and Rev. Mark Ellis, Shiloh Baptist Church gave the invocation , which was followed with the Pledge of Allegiance. APPROVAL OF THE MINUTES FROM THE JUNE 11TH AND 18TH, 1991 COUNCIL MEETINGS : There being no corrections or additions to the minutes of June llth and 18th, a motion was made by Councilman Hughes to approve as submitted and seconded by Councilman Williams. 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. CALLING A JOINT MEETING OF CITY COUNCIL, DEVELOPMENT CORPORATION OF WYLIE, INC. AND THE WYLIE CHAMBER OF COMMERCE • FOR JULY 16, 1991 : A motion was made by Councilman Swartz to approve the meeting date of July 16, 1991 . Seconded by Councilman Simmons. 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. APPROVING A GRANT APPLICATION TO THE NATIONAL FITNESS CAMPAIGN FOR THE PARK AND RECREATION DEPARTMENT: The City ' s Park and Recreation Director has prepared a grant application in the amount of $16,850. This is to construct a fitness center at the Community Park. If the City is successfully in this grant application the Park and Recreation Department will have to match the grant amount with $2 ,403 . Council authorization is requested to apply for this grant. A motion was made by Councilman Martin to approve the grant application to the National Fitness Campaign for the Park and Recreation Department. 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. CONSIDER PAYMENT OF CLAIM TO GOVERNMENTAL SERVICE AGENCY, INC. FOR WORK DONE ON RECODIFICATION OF CITY CODE OF ORDINANCES: The total cost of this contract is $8 ,500 .00 and this invoice is in the amount of $2 ,550.00 . This contract is 50% completed and staff recommends approval . A motion was made by Councilman Messenger to approve the payment of claim to Governmental Service Agency, Inc. in the amount of $2 ,500 .00 . Seconded by Councilman Hughes. 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 . PAYMENT OF INVOICE NO. 03-028902-011 FROM JONES & NEUSE FOR MAY 1991 SERVICES AT THE WYLIE SERVICE CENTER: This invoice is in the amount of $703 .59 and staff recommends approval . A motion was made by Councilman Hughes to approve payment in the amount of $703. 59 to Jones & Neuse. 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 . PAYMENT OF INVOICE NO. 03-028901-028 FROM JONES & NEUSE FOR MAY, 1991 SERVICES ON THE LANDFILL CLOSURE PROJECT: This invoice is in the amount of $1 ,116.12 for work on the landfill closure. All new monitoring wells are in place and samples have been taken and test results are currently being analyzed by the Consultant. Staff recommends payment. A motion was made by Councilman Simmons to approve payment in the amount of $1 ,116 .12 to Jones & Neuse. Seconded by Councilman Messenger . 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 AMENDMENT TO THE ENGINEERING CONTRACT FOR THE REVISED ZONING MAP IN THE AMOUNT OF $1 ,121 .72 AND PAYMENT OF CLAIM FOR $1 ,121 .72 TO HELMBERGER ASSOCIATES: This is an invoice from Helmberger Associates and a request from the contract amendment in the amount of $1 ,121 .72 to their existing Zoning Map contract . A total of $452 .34 is related to the emergency Martinez Lane Replat, which I approved to be incorporated into the existing contract . The remaining work of $669 .38 is for meeting with attorney and additional status reports, and briefing to update the City Engineer and myself due to a change in management of the Planning Department. The original date of completion for the draft map was June 21 , 1991 which would have produced the final map for Council approval . Since the map has been tabled and additional review necessary, I recommend approval of the addendum so that the original scope of services can be clearly identified and related payments made. A motion was made by Councilman Simmons to approve the contract amendment and to pay the invoice in the amount of $1 ,121 .72 to Helmberger Associates. 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. PAYMENT OF INVOICE FROM SHIMEK, JACOBS & FINLKEA FOR SERVICE ON THE NEWPORT HARBOR PROJECT: This invoice is in the amount of $-1 ,487 .1-9 and payment is recommended . A motion was made by Councilman Martin to approve the payment of $1 ,487 . 19 to Shimek, Jacobs & Finklea. Seconded by Councilman Hughes. 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 . PROPOSAL FROM LONE STAR GAS TO PROVIDE NATURAL GAS TO THE MUNICIPAL BUILDING TO REPLACE THE EXISTING PROPANE SERVICE: Lone Star Gas Company has made a proposal to the City to provide natural gas to the Municipal Building to replace the existing propane service. This proposal is based on the fact that they will also be providing natural gas service to the Texas National Guard Armory. The following is their 3 proposal: Extension of the LSG mainline to the bldg. $28 ,895. (Texas National Guard will also be paying $28 ,895) Service line from HWY 78 to the building $ 280. Conversion of heating units to Natural Gas from Propane $ 3 ,837 . Total cost to the City $33 ,012 . Under average conditions the use of natural gas in lieu of propane would be an approximate average annual savings of $2 ,092 . A motion was made by Councilman Simmons to table this item, 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 - in favor, Councilman Hughes - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor to table. APPROVAL OF MEMORANDUM OF UNDERSTANDING ON THE FINANCING OF TRAFFIC CONTROL SIGNAL ON STATE HIGHWAY 78 : In the event the State Department of Transportation does not fund this project, there is a need for a Memorandum of Understanding Agreement between Brookshires Grocery Co. , Eckerds Drug Co. , and the City of Wylie to share in design and construction work on an equal basis. Project will have to be designed and then competitive bids will have to be sought for the installation. The exact cost will not be known until bids are opened . A motion was made by Councilman Messenger to approve the Memorandum of Understanding with the following added to it, "This agreement is needed in the event the State does not fund the project" . Seconded by Councilman Hughes. 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 . ACCEPTANCE OF PROPOSAL FROM JBM CONSULTING ENGINEERS TO DESIGN ENGINEERING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNALS ON STATE HIGHWAY 78 : The proposal to engage JBM to prepare plans and specifications for signals in the area of Brookshires Grocery Company , Inc. needs authorization from Council in order to proceed . The cost of this work is $6 ,500 . and is to be shared equally by the City, Brookshires and Eckerds. A motion was made by Mayor Pro Tem Davis to approve the proposal from JBM Consulting Engineers to design the engineering plans and specifications for traffic signals on State Highway 78 in the amount of $6 ,500 . 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 . ACCEPTANCE OF CERTAIN REAL PROPERTY TO BE PERMANENTLY DEDICATED AS CITY OF WYLIE ALLEY PROPERTY AND ACCEPT PERMANENT MAINTENANCE OF THE PROPERTY: This is an alley that is privately owned property , but has been used by the City for many years as an alley. Property owners have transferred this real property to the City by way of title and deed . This transfer had to be done to clear title to the property. Therefore I am recommending that the real property which is dedicated and is located between Marble on the North, Keefer on the East and Cottonbelt on the West be accepted by the City of Wylie as a permanent alleyway. A motion was made by Councilman Simmons to approve, seconded by Councilman Hughes. 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 . THE ADOPTION OF AN ORDINANCE ESTABLISHING THE OFFICIAL ZONING MAP FOR THE CITY OF WYLIE, AND REPEAL ORDINANCE NO. 87-4 WHICH WAS THE OLD OFFICIAL ZONING MAP: For some time the City has been working on updating and correcting the zoning map, and this work has been completed . As soon as the map is completed it will be permanently placed in the Council Chambers. A motion was made by Councilman Hughes to approve the ordinance establishing the official zoning map and repealing Ord. No. 87-4 . Seconded by Councilman Simmons. 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. PUBLIC HEARING ON THE REQUEST FOR A ZONING CHANGE ON TRACTS 20 , 16, 14 , 21 AND 36 OUT OF THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 267 : This property is located off of Martinez Lane and is commonly known as Martinez addition. The zoning request is to change from Single Family 3 to Business 2 . Mayor Akin opened the public hearing and requested those wishing to address the council to come forward at this time and state their name and address for the record. Stoney Watkins stated he is wanting to build on this property and would like to see the zoning change . There being no other comments for or against this zoning change, Mayor Akin closed the public hearing . APPROVAL OF ADOPTION OF AN ORDINANCE CHANGING TRACTS 20 , 16, 14 , 21 , AND 36 OUT OF THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 267 FROM SINGLE FAMILY TO BUSINESS 2 : The Planning and Zoning Commission met in regular session on July 1 , 1991 and voted all in favor to recommend the zoning change from SF - 3 to B-2 . A motion was made by Councilman Hughes to approve the Ordinance which will change the zoning for Tracts 20 , 16, 14 , 21 and 36 out of the E . C. Davidson Survey, Abstract No. 267 from Single Family 3 to Business 2 . 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. PUBLIC HEARING ON THE REQUEST FOR ZONING CHANGE ON LOT 31 OF THE MEADOW ADDITION FROM RETAIL TO BUSINESS 1 : This property is located on the southwest corner of S. Ballard and Stone Road. Mayor Akin opened the public hearing and requested those wishing to address the council on this zoning change to come forward and state their name and address for the record. Mr . Frank Mulder - owner of the property in question stated he would like to build a coin operated car wash on this property. This type of business requires a Business 1 zoning. Mr . Steve Wright 406 E. Stone Rd. wanted to know if this would be spot zoning and addressed the fact that a special use permit is for a short time only and to also consider the children that would be walking by the area. There being no other comments, Mayor Akin closed the public hearing. APPROVAL OF AN ORDINANCE CHANGING LOT 31 OF THE MEADOW ADDITION FROM RETAIL TO BUSINESS 1 : The Planning and Zoning Commission met in regular session on July 1 , 1991 and all voted against recommending the rezoning. The City staff recommends that this rezoning request be approved . A motion was made by Councilman Swartz to table this item and return it to Planning and Zoning for reconsideration or clarification of why they recommended against the zoning change . Seconded by Councilman Simmons. 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 to table. CONSIDER INTERIM AGREEMENT BETWEEN THE CITY OF WYLIE AND REPRESENTATIVE OF SOUTHFORK MOBILE HOME PARK: This agreement would indemnify the City of loss of revenue until owners of Southfork Mobile Home Park could present acceptable permanent agreement. This agreement has set up rules for both parties, the City cannot remove the individuals water meters , and cannot hold Cambridge liable for any alleged damages resulting from the issuance of the restraining order. Cambridge (Southfork Mobile Home Park agrees to let the restraining order expire and to cancel the hearing on July 9 . A motion was made by Councilman Simmons to not accept the Agreement. 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 . CITIZEN PARTICIPATION: Mayor Akin invited citizens residing within the City limits of the City of Wylie wishing to address the Council to come forward at this time, to keep their comments to five minutes. Gary Estes of 518 Miss Ellie Circle - addressed Council about the master metering at Southfork Mobile Home Park and about the codes just now being enforced. Steve Wright - 406 E. Stone Rd. - addressed the Council about a Council member in Sachse passing away and asked Council to consider making a donation to her children. There being no other items for discussion, a motion was made to adjourn with all in favor . John W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary MEMORANDUM DATE: September 5, 1991 TO: City Council FROM: Bill Dashner, City Manager !� RE: Discuss and Consider (1 ,615 City Code Violations at Southfork Mobile Home Park) Attached is a partial list of City code violations at Southfork Mobile Home Park. The City Building Inspector will give a report on this problem. • • • • • • SOUTHFORK MOBILE HOME PARK 1991 ANNUAL INSPECTION PLANNING & ENGINEERING The following occupied lots and associated mobile homes were inspected with violations as noted: Occupied lots - 512 Vacant lots - 234 I . Ground cover and street drainage was in good shape on all occupied and unoccupied mobile home lots. II . Setbacks and accessory buildings - Mobile home setbacks were not measured as this violation is evident on numerous lots and locating the lot boundaries was not feasible for this type of inspection. Accessory buildings were measured for mobile home separation per Ordinance and Uniform Fire and Building Code requirements. Accessory building setbacks from the property lines were not measured because the lot boundaries were not easily located. Dilapidated conditions were also noted. Mobile homes in violation: #' s 10, 13, 17, 19, 23, 28, 31 , 32, 34, 39, 42, 46, 48, 50, 62, 68, 70, 74, 80, 89, 96, 102, 114, 120, 129, 130, 148, 160, 163, 179, 182, 193, 195, 198, 199, 201 , 203, 208, 215, 218, 219, 220, 222, 224, 225, 227, 228, 229, 231 , 232, 236, 238, 241 , 242, 251 , 253, 254, 255, 264, 265, 267, 268, 273, 283, 284, 295, 314, 315, 326, 327, 331 , 332, 333, 336, 337, 341 , 350, 354, 359, 361 , 362, 368, 373, 379, 380, 383, 389, 390, 393, 399, 403, 408, 430, 431, 456, 477, 479, 488, 491 , 518, 528, 529, 534, 544, 547, 563, 564, 584, 585, 586, 604, 606, 613, 618, 620, 625, 638, 641, 650, 652, 655, 676, 703, 717 and 735 = 126 mobile homes. III . Outside Antennas Mobile homes in violation: #' s 1 , 5, 8, 10, 13, 17, 18, 22, 25, 28, 30, 31, 33, 34, 35, 39, 46, 50, 62, 65, 70, 74, 83, 87, 96, 97, 98, 113, 114, 115, 118, 122, 123, 128, 136, 138, 139, 142, 148, 151 , 153, 156, 163, 171, 172, 173, 176, 178, 179, 180, 185, 194, 195, 199, 201 , 202, 203, 204, 206, 208, 209, 217, 218, 219, 222, 227, 228, 231, 232, 237, 238, 239, 242, 245, 251, 253, 254, 255, 260, 272, 273, 277, 279, 280, 281 , 284, 292, 299, 302, 309, 310, 311 , 327, 329, 333, 334, 337, 341 , 343, 346, 347, 348, 350, 352, 354, 359, 361 , 363, 366, 371 , 373, 375, 378, 380, 383, 384, 385, 387, 390, 392, 394, 402, 403, 414, 425, 427, 428, 430, 431 , 436, 486, 487, 488, 491, 510, 518, 526, 535, 539, 544, 545, 546, 547, 548, 549, 551 , 564, 576, 579, 581 , 585, 588, 592, 606, 612, 614, 615, 619, 620, 625, 627, 629, 636, 641, 643, 655, 670, 674, 685, 688, 732, and 738 = 172 mobile homes. IV. HUD Number - The HUD number was not found on the following mobile homes : #s 6, 10, 22, 118, 132, 182, 190, 202, 218, 8 219, 230, 272, 283, 291 , 293, 309, 333, 334, 441 , 483, 528, 548, 576, 613, 689, 697, 699, 728, 739, and 743 = 30 mobile homes. V. Tie-downs and Skirting - Mobile home tie-downs were not inspected as this would require removal of skirting. Skirting was inspected for condition as well as installation requirement. Skirting violations were found on the following mobile homes : # ' s 1 , 55, 76, 88, 98, 107, 113, 120, 139, 141 , 189, 200, 210, 213, 218, 230, 233, 258, 261, 265, 266, 267, 268, 272, 273, 276, 279, 280, 287, 292, 295, 299, 301 , 302, 303, 308, 309, 323, 329, 332, 337, 339, 341, 344, 347, 350, 352, 354, 357, 360, 361 , 366, 371 , 373, 375, 380, 404, 410, 412, 415, 428, 438, 450, 451 , 452, 454, 456, 466, 467, 469, 483, 486, 487, 547, 582, 644, and 722 = 77 mobile homes. VI . Water Service - Only mobile homes with skirting off or with skirting access panels were inspected. Vacant lots were inspected for improper capping and these are underlined below. Mobile homes and lots in violation are as follows : # ' s 4, 5, 9, 25, 56, 57, 58, 59, 60, 63, 66, 71 , 72, 74, 78, 80, 84, 89, 90, 91 , 92, 93, 95, 97, 98, 99, 110, 111, 112, 113, 116, 117, 121 , 123, 124, 127, 130, 131 , 134, 135, 136, 137, 142, 144, 150, 152, 154, 155, 157, 158, 159, 162, 164, 165, 166, 167, 168, 169, 170, 172, 174, 175, 183, 184, 185, 186, 187, 188, 192, 193, 194, 196, 197, 200, 207, 210, 211, 212, 217, 218, 221 , 226, 230, 233, 234, 237, 240, 245, 247, 252, 255, 256, 257, 261 , 262, 263, 266, 267, 268, 273, 274, 276, 279, 280, 281 , 282, 283, 284, 285, 292, 293, 294, 295, 296, 297, 298, 299, 300, 302, 303, 307, 308, 309, 311 , 312, 313, 316, 317, 322, 325, 326, 333, 334, 336, 338, 339, 340, 341 , 344, 346, 347, 349, 350, 351, 353, 354, 356, 357, 358, 360, 362, 364, 365, 367, 368, 369, 371 , 373, 374, 375, 376, 379, 387, 390, 391 , 393, 395, 397, 401 , 403, 407, 409, 410, 411 , 412, 413, 415, 416, 417, 418, 419, 421 , 422, 423, 424, 426, 427, 428, 429, 435, 437, 438, 442, 443, 444, 445, 448, 449, 450, 451 , 453, 455, 457, 458, 459, 460, 461 , 463, 464, 467, 468, 469, 470, 471 , 472, 477, 480, 481 , 482, 483, 486, 490, 491 , 492, 493, 498, 499, 502, 505, 507, 515, 516, 520, 521 , 522, 525, 526, 531 , 536, 538, 540, 542, 543, 545, 546, 556, 557, 559, 561 , 562, 566, 567, 568, 569, 570, 572, 574, 577, 578, 579, 580, 582, 590, 591 , 594, 598, 600, 601 , 602, 610, 613, 615, 616, 621 , 622, 623, 624, 626, 627, 628, 630, 632, 633, 634, 635, 637, 639, 642, 645, 653, 654, 656, 658, 659, 662, 663, 664, 665, 666, 667, 668, 669, 672, 673, 675, 676, 678, 680, 682, 683, 684, 686, 687, 689, 690, 691 , 692. 693, 694, 696, 697, 698, 700, 701 , 702, 703, 704, 705, 706, 707, 708, 709, 714, 715, 716, 719, 720, 721 , 723, 724, 725, 726, 727, 729, 730, 733, 734, 735, 736, 737, 739, 740, 741 . 744, and 746 = 345 mobile homes and lots in violation, with 311 mobile homes skirting having no access for inspection of water connections. VII . Sewer Service - Only mobile homes with skirting off or with skirting access panels were inspected. Vacant lots were inspected for improper capping and these are underlined below. Mobile homes and lots in violation are as follows: #' s 9, 12, 20, 34, 36, 38, 41 , 45, 60, 71 , 74, 84, 90, 91, 110, 112, 117, 120, 121, 124, 131 , 133, 134, 135, 146, 152, 155, 158, 163, 164, 184, 187, 234, 250, 257, 260, 261 , 264, 266, 270, 272, 273, 274, 279, 282, 294, 297, 298, 299, 317, 319, 322, 325, 336, 340, 345, 349, 351 , 353, 370, 376, 412, 416, 417, 419, 423, 437, 457, 459, 460, 464, 468, 471 , 472, 490, 503, 505, 520, 543, 568, 569, 570, 580, 591 , 601 , 604, 607, 666, 680, 682, 683, 684, 687, 692, 694, 696, 701 , 704, 705, 726, 729, 741 , 742, and 744 = 104 mobile homes and lots in violation, with 365 mobile homes skirting having no access for inspection of sewer connections. VIII Gas Service - Only mobile homes with skirting off or with skirting access panels were inspected. Vacant lots were inspected for improper capping and are underlined below. Mobile homes and lots in violation are as follows : # ' s 12, 15, 20, 22, 35, 36, 44, 45, 53, 60, 63, 72, 74, 234, 256, 257, 262, 264, 270, 277, 282, 285, 297, 298, 310, 313, 315, 316, 317, 319, 320, 322, 325, 326, 328, 332, 333, 340, 343, 344, 345, 349, 351 , 355, 359, 360, 361 , 364, 365, 369, 376, 378, 382, 387, 388, 392, 394, 395, 399, 407, 409, 411 , 413, 416, 417, 418, 428, 431 , 435, 438, 451 , 455, 458, 459, 460, 461 , 463, 464, 465, 467, 468. 470, 490, 686, 692, and 737 = 86 mobile homes and lots in violation, with most connections visible without need of access panels or skirting removal . IX. Electrical Service - Inspections were related to the grounding system and safety of service panel . Mobile homes and lots in violation are as follows, with vacant lots underlined : #' s 14, 72, 73, 128, 129, 132, 133, 138, 139, 143, 163, 191 , 210, 217, 219, 220, 222, 228, 230, 241 , 246, 252, 255, 256, 257, 258, 259, 260, 261 , 265, 267, 274, 275, 277, 278, 279, 280, 282, 283, 288, 290, 293, 294, 298, 299, 300, 301 , 302, 303, 305, 306, 307, 308, 309, 311 , 312, 314, 316, 318, 321 , 322, 323, 324, 325, 327, 328, 330, 332, 338, 339, 349, 350, 351 , 353, 354, 356, 359, 360, 364. 365, 366, 368, 370, 371 , 373, 374, 375, 376, 378, 380, 383, 384, 385, 387, 392, 395, 396, 403, 404, 406, 407, 408, 411, 412, 416, 417, 418, 420, 421 , 422, 423, 426, 430, 431 , 432, 433, 434, 437, 439, 442, 443, 444, 445, 446, 448, 449, 451 , 453, 455, 456, 457, 458, 460, 462, 464, 468, 472, 474, 475, 476, 478, 479, 481 , 482, 484, 485, 486, 487, 489, 492, 494, 497, 501, 505, 508, 528, 530, 545, 551 , 575, 583, 584, 604, 611 , 612, 618, 631, 641 , 656, 711 and 712 = 171 mobile homes and lots in violation with most connections visible without need of access panels or skirting removal . X. Comments - The following comments were made by the inspectors relating to Code violations not covered under the above nine categories of inspections : 1 . Several electric service plates missing, thus exposing breaker or disconnect wire to the public or to service personnel . Also, some conduit sections were cracked and ground wires were loose or missing on several service panels. • 2. Some mobile homes were missing outside hot water heater doors, with T & P lines not terminated to the outside. 3. Some porches were poorly constructed with missing railings and one porch was even covering the gas meter. 4. One main concern seemed to be the closeness of the accessory buildings to the mobile homes, with some even touching the mobile homes. 5. Another main concern was the sewer and water connections and how they were either completely exposed and open, or cracked and leaking. MEMORANDUM DATE: September 5, 1991 TO: City Council FROM: Bill Dashner, City Manage RE: Discuss and Consider Appr al or Disapproval of Preliminary Plat for the Proposed Oakridge Subdivison Development This was an agenda item for the August 27 , 1991 Council meeting in which the applicant at the last minute requested removal of . The reason that the applicant requested removal was that concerns and questions had not been solidified on dual access to the development . In the preliminary plat proposal the applicant does not guarantee dual access . Without this guarantee on the preliminary plat the following recommendation is made by the Planning and Zoning Commission and the City Professional Staff . "Some type of dual access must be a part of the preliminary plat and the final plat, the most desirable dual access route is the extension of Fleming Street" . However, Westgate Way could be constructed to provide dual access to the development . Therefore without dual access being provided to the ninety- five (95) unit development it is recommended that the developed preliminary plat be disapproved . MEMORANDUM TO: Bill Dashner, City Manager FROM: Rick Herzberger, Building Official tli .. DATE: August 21 , 1991 SUBJECT: Oakridge Subdivision Preliminary Plat Review Investors Network intends to develop a zero lot line subdivision, as they have already acquired the appropriate zoning district (PD-SF-3) and a City Council Developmental Plan approval . The City Staff and the Planning & Zoning Commission addressed the following items before submitting this Preliminary Plat to the Council regarding: 1 ) Dual access provisions to the subdivisions by extending the proposed Fleming Street east to existing Fleming Street near the Rustic Oaks Apartments (per Planning & Engineering and Fire Department comments ) . Planning & Zoning members discussed all aspects of dual access to this subdivision including Mr. Dwight Scott' s ( Investors Network) comments that Westgate Way and Fleming Street would eventually be completed, based on anticipated investments and growth in both tracts of land adjacent to and south of this project. Mr. Scott stated that the development would not be feasible if dual access was required per the Final Plat. The P & Z members continued the lengthy discussion on fire & safety access, comparative analysis to Point North, future guarantees of Westgate Way and Fleming Street construction, and existing provisions by the developer relating to the traffic flow in this proposed subdivision. The Planning & Zoning Commission and City Statf_j?oth canc1 udgd that the developer needs to provide some type of dual access or at least a dependable guarantee of future dual access to this subdivision. City Staff did ask the developer to provide a cost estimate of the Fleming Street extension for City Council ' s review and subsequent decision regarding dual access to this subdivision. 2) Proper zone districts screening between the PD-SF- 3 and Industrial zone. This screening is required in the Zoning Ordinance but should be added to the Plat approval with a description of the type of screening required (wood or brick fence) . This screening will also enable the subdivision to have some protection from the railroad system (per subdivision and zoning regulations) . The Planning and Zoning Commission and City Staff recommends that this screening does not need to be included on the developmental plan of the Preliminary Plat since both the Zoning and Subdivision Ordinances require this screening. 3) Recognize all building line setbacks and determine if these are appropriate for this PD-SF-3 zero lot line subdivision (per subdivision and zoning regulations ) . The Planning & Zoning Commission and City Staff recommends that the setbacks indicated on all lots be accepted by the City Council . The Zoning Ordinance, Section 24, allows approval of less restrictive building lines in a Planned Development as long as the visibility triangles are not reduced to create a traffic hazard. 4) Identify all necessary easements. The Planning & Zoning Commission and City Staff recommends that the following executed permits, easements or agreements be submitted as part of the Final Plat review : a. DART permits for drainage and utility boring; b. Offsite drainage and sanitary sewer easements at the southeast corner of the property; c. Drainage easement to the east of proposed Fleming Street; d. Storm sewer and open channel drainage easements in the future portion of Westgate Way west of the project; e. R. O. W. for Westgate Way, and Fleming Street connection if required. I have attached a brief subdivision approval procedure for the Oakridge Subdivision that I recently submitted to Investors Network to assist them in their scheduling and fee payments. This will help you better understand the Preliminary to Final Plat procedure. Also, the Preliminary Plat has been reviewed by Consulting Engineer Joe Helmberger, with corrections made by the developer, following Mr . Helmberger' s evaluation. OAKRIDOE SUBDIVISION I . SUBDIVISION APPROVAL PROCEDURE: A. Preliminary Plat - submitted by 8/5/91- Fee = $317 .00 (1) Planning and Zoning meeting 8/19/91 . ( 2) City Council meeting 8/27/91 . Preliminary returned, with revisions , to Oakridge Engineer. B. Final Plat "Approval for construction" submitted by 9/3/91-Fee = $438 .00 . (1) Planning and Zoning meeting - 9/16/91 only one meeting in September . ( 2 ) City Council meeting - 9/24/91 Final approval allows Mayor to sign the Signature Block "approved for construction " and subdivision owner to begin construction of the Public facilities to be dedicated to the City of Wylie upon completion and certification of acceptable construction by the City Staff . (3) Developmental fees - Paid before Mayor signs approved for construction block ( 9/25) . 1% of the cost of improvements for dedication to the City. ex: water and sewer lines , street and drainage improvements . (4) Lift Station District fees - not applicable (5) The following items must also be furnished on same day that the development fee is paid: a . Labor and Materials payment bond equal to 50% of cost public improvements . b. Proof of liability insurance. C. Final Plat - Final acceptance signature by the City Council and Mayor. (1) Oakridge makes application to the City Council for final acceptance of the plat and dedications and easements . This application must be submitted 15 days prior to City Council meeting, in order for City Staff to prepare a subdivision approval letter, addressed to the City Council . (2) Oakridge is required to pay a parkland dedication fee prior to the signing of the final acceptance block by the Mayor. Fee = $225 .00 per unit = $21 , 600 .00 . (3) Construction water fee - Capacity of new lines times 3 times prevailing water rate determined by City Engineer and paid before final Plat approved. II . HOME CONSTRUCTION: A. Building Permit Fee (1) $50 ,000 .00 value and up - $283 .00 for the first $50 ,000 . 00 plus $3 .00 for each additional $1 ,000 ,00 or fraction thereof . (2) Water meter deposit = $60 .00 ( 3) Water tap = $20 .00 (pre-tapped) (4) Sewer tap = $20 .00 ( pre-tapped) B. Impact fee - imposed on each permit for defrayment of the impact burden on the water and sewerage system, per the Capital Improvements Program allowed by Senate Bill 336 and adopted by the Wylie City Council . This fee is currently assessed on each permit and is as follows : (1) Sewer impact = $500 . 00 (2 ) Water impact = S600 .00 (3) $1,100 .00 per building permit This impact fee is evaluated every six months, by the Capital Improvements Advisory Committee, for compliance with the adopted Capital Improvement Program. C. Each separate contractor (plumber, mechanical , Electrical ) must register their license's with the City of Wylie and obtain their permits , after the building contractor. Permit fees and inspection procedures , for each contractor, may be obtained at the Building Inspections Department . 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' ,.r. :1,, 1......11. -----Irsepor-aw....=.........7610# % e it /7 !, • 11I2tI2hui29iI ........j ll 13l.�` -9170 %53LQ w 7' 1 se•l9' Jfi' w ^' 7JS.J • ' RAILROAD Low, dl JOUTHWESTERN • • ao • . . MEMORANDUM DATE: September 4 , 1991 TO: City Council FROM: Bill Dashner, City Manage RE: Discuss and Consider Establishment of an Emergency Preparedness Plan of Action in Conjunction With Collin County and Approve Ordinance, Resolution and Mutual Aid Agreement It is hereby recommended that the City of Wylie join Collin County in the Emergency Management and Emergency Preparedness Program. In order for the City to do this the City Council will need to take the following action: Adopt an Enabling Ordinance Adopt a Resolution Approve a Mutual Aid Agreement with Collin County Also, attached is a letter to be signed by the Mayor which appoints Mr . Jim Lynch, Fire Chief , as the Emergency Management Coordinator for the City of Wylie. ORDINANCE NO. AN ORDINANCE ESTABLISHING A PROGRAM INCLUDING MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MANAGEMENT; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING • FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF WYLIE ; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED WARNING AND ALL-CLEAR SIGNALS AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE WHEREAS, the City Council of the City of Wylie finds that the identification of potential hazards and the prevention or mitigation of their effects must be an on-going concern of the City if the lives and property of the populace are to be protected; and WHEREAS, the City Council hereby declares that the preparation of a Comprehensive Emergency Management plan, and the means for its implementation, for the protection of lives and property in the City of Wylie from natural or man- caused disasters or treat thereof is immediately essential; and WHEREAS, the City Council further finds that in times of disasters which may imperil the safety of the inhabitants of the City, or their property, it becomes necessary to effectuate and place into operation the preconceived plans and preparations with a minimum of delay; and WHEREAS, the City Council finds, therefore, that the preparation, and implementation of such plans are now imperative; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 ORGANIZATION There exists the office of Emergency Management Director of the City of Wylie, which shall be held by the Mayor in accordance with State Law. (a) An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director ; (b) The Director shall be responsible for a program of comprehensive emergency management within the City and for carrying out the duties and responsibilities set forth in this ordinance. He/she may delegate authority for execution of these duties to the Coordinator , but ultimate responsibility for such execution shall remain with the Director (c) The operational Emergency Management organization of the City of Wylie shall consist of the officers and employees the City so designated by the Director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan. SECTION 2 EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES The duties and responsibilities of the Emergency Management Director shall include the following: (a) Conduct an on-going survey of actual or potential hazards which threaten life and property within the City and an on-going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. (b) Supervision of the development and approval of an emergency management plan for the City of Wylie, and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan. (c) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the City Council . Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. (d) Issuance of necessary proclamations, regulations, or directives which are necessary for carrying out the purposes of this ordinance. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary. (e) Direction and control of the operations of the Wylie Emergency Management organization as well as the training of Emergency Management personnel . (f) Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City. (g) Maintenance of liaison with other Municipal , County , District, State, Regional or Federal Emergency Management organizations. (h) Marshaling of all necessary personnel , equipment, or supplies from any department of the City to aid in the carrying out of the pro-visions of the emergency management plan. (i) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the State and of other local political subdivisions of the State, and the drafting and execution, if deemed desirable, of an agreement with the county in which said City is located and with other municipalities within the County, for the County-wide coordination of Emergency Management efforts . (j) Supervision of , and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City. (k) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. (1) Survey of the availability of existing personnel , equipment, and services which could be used during a disaster, as provided for herein. (m) Other requirements as specified in the Texas Disaster Act of 1975, Vernon' s Texas Codes Annotated , Government Code Chapter 418 . SECTION 3 - EMERGENCY MANAGEMENT PLAN A Comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this ordinance. As provided by State law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas . Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved , it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this ordinance and have the effect of law during the time of a disaster . SECTION 4 - INTERJURISDICTIONAL PROGRAM The Mayor is hereby authorized to join with the County Judge of the County of Collin and the mayors of the other cities in said County in the formation of an interjurisdictional emergency management program for the County of Collin, and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a County-wide program of emergency management insofar as said program may affect the City of Wylie. SECTION 5 - OVERRIDE At all times when the orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders , rules and regulations insofar as the latter may be inconsistent therewith. SECTION 6 - LIABILITY This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of Wylie, the agents and representatives of said City, nor any individual , receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof , in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Wylie a license of privilege, or otherwise permits the City to inspect , designate, and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual , impending or practice enemy attack or natural or man-made disaster shall , together with his successors in interest, if any not be civilly liable for the death of , or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of , or damage to, the property of such person. SECTION 7 - COMMITMENT OF FUNDS No person shall have the right to expend any public funds of the City in carrying out any Emergency Management activity authorized by this ordinance without prior approval by the City Council , nor shall any person have any right to bind the City by contract , agreement, or otherwise without prior and specific approval of the City Council unless during a declared disaster. During a declared disaster, the Mayor may expend and or commit public funds of the City when deemed prudent and necessary for the protection of health, life or property. SECTION 8 - OFFENSES; PENALTIES (a) It shall be unlawful for any person willfully to obstruct , hinder, or delay any member of the Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance. (b) It shall likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or any other means of identification as a member of the Emergency Management organization of the City of Wylie, unless authority to do so has been granted to such person by the proper officials. (c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal , or the termination of a warning shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance. (d) Convictions for violations of the provisions of this ordinance shall be punishable by fine not to exceed One Thousand Dollars ($1 ,000) . SECTION 9 - SEVERABILITY If any portion of this ordinance shall , for any reason, be declared invalid such, invalidity shall not affect the remaining provisions thereof. SECTION 10 - LIMITATIONS This ordinance shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regulation. SECTION 11 - REPEALER All ordinances, parts of ordinances, or resolutions in conflict wherewith are expressly repealed . DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS this the 10th day of September, 1991 . John W. Akin, Mayor City of Wylie, Texas ATTEST: Carolyn Jo es, ity Secre ary APPROV io S " i 1;000000' St e P. 'eite Ci torney RESOLUTION NO. WHEREAS, The City of Wylie, by City Ordinance No. and Collin County by Commissioners Court Order dated , have established similar programs of comprehensive emergency management which includes the mitigation, preparedness response and recovery phases of emergency management; and WHEREAS, the City and County find that vulnerability to many potential hazards is shared by residents of Wylie and the unincorporated portions of Collin County; and WHEREAS, the City and County further finds that the common goal of emergency management can best be achieved through an organization which shares the combined resources of the City and the County; and NOW, THEREFORE, BE IT RESOLVED that there is hereby established the Collin County Emergency Management organization which shall consist of the officers and employees of the City and of the County as designated in a interjurisdictional emergency management plan, together with such organized volunteer groups as that plan may specify; and BE IT FURTHER RESOLVED that the Mayor of Wylie and the County Judge shall mutually appoint an Emergency Management Coordinator to coordinate all aspects of the Wylie/Collin County program of comprehensive emergency management, including the preparation and maintenance of a interjurisdictional emergency management plan for Wylie and Collin County in accordance with this resolution. Resolved by the City of Wylie City Council on this the 10th day of September, 1991. Resolved by the County Commissioners Court on this the day of , 1991. John W. Akin, Mayor County Judge, Collin County ATTEST: Carolyn Jones, City Secretary County Clerk MUTUAL AID AGREEMENT The contracting City of Wylie and Collin County solemnly agree: SECTION 1 - PURPOSE The purpose of this agreement is to provide mutual aid among the City of Wylie and Collin County in meeting any emergency or disaster from enemy attach or other cause, natural or otherwise. This agreement is made pursuant to the interlocal Cooperation Act, Vernon' s Texas Civil Statutes, Article 4413 (32c) , and Vernon' s Texas Codes Annotated, Government Code Chapter 418 , commonly referred to as the Texas Disaster Act of 1975. This agreement recognizes that the prompt, full and effective utilization of the resources of the respective cities and counties is essential to the safety, care and welfare of the people thereof in the event of a major emergency or disaster . The Directors or Coordinators of Emergency Management of all parties in the City of Wylie and Collin County shall constitute a committee to formulate plans and take all necessary steps for the implementation of this agreement. Such planning shall incorporate the use of resources, including personnel, equipment, and supplies necessary to provide mutual aid . SECTION 2 - RESPONSIBILITIES It shall be the duty of each party City or County to formulate emergency management plans and programs for application within such city or county. There shall be frequent consultation between the representatives of the City and County with the State of Texas and the free exchange of information and services . In carrying out such emergency management plans and programs, the party City and County shall , so far as possible, provide and follow uniform standards, practices and rules and regulations including : (a) Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith (b) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services; (c) Selection of all materials or equipment used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party city or county; (d) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to exercises or disasters . (e) The safety of public meetings or gatherings. Any party City or County requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof ; provided that it is understood that the city or county rendering aid may withhold resources to the extent necessary to provide reasonable protection for such city or county. Each party city or county while operating within its city or county limits under the terms and conditions of this agreement, and shall have the same powers (except that of arrest unless specifically authorized by the receiving city or county) , duties, rights, privileges and immunities as if they were performing their duties in the city or county in which normally employed or rendering services. Emergency management forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency management authorities of the city or county receiving assistance. All requests for mutual aid under this agreement shall be made through the State Disaster District organization and that organization will serve as a channel through which outside aid will be dispatched. SECTION 3 - LIABILITY No party city or county or its officers or employees rendering aid in another city or county pursuant to this agreement shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. SECTION 4 - SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the arrangements for mutual aid among two (2) or more cities or counties may differ from that appropriate among other cities or counties party hereto, this instrument contains elements of a broad base common to all cities and counties, and nothing herein contained shall preclude any city or county from entering into supplementary agreements with another city or county or cities or counties. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical care, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel , equipment and supplies. SECTION 5 - COMPENSATION Each party city or county shall provide for the payment of compensation and death benefits to injured members of the emergency management forces of that city or county and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this agreement, in the same manner and on the same terms as if the injury or death were sustained within such city or county. SECTION 6 - FINANCE Any party city or county rendering aid in another city or county pursuant to this agreement shall be reimbursed by the party city or county receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided , that any aiding party city or county may assume in whole or in part such loss damage expense, or other cost, and provided further that any two (2) or more party cities or counties may enter into supplementary agreements establishing a different allocation of costs as among those cities or counties. SECTION 7 - SEVERABILITY This agreement shall continue in force and remain binding on each party city and county until the City Council or Commissioner ' s Court of such party city or county takes action to withdraw therefrom. Such action shall not be effective until 90 days after notice thereof has been sent by the Emergency management Director of the party city or county desiring to withdraw to the Emergency management Director of all other party cities or counties. This agreement shall be construed to effectuate the purpose stated in Section 1, hereof . If any provision of this agreement is declared unconstitutional , or the applicability thereof to any persons or circumstances is held invalid , the constitutionality of the remainder of this agreement and the applicability thereof to other persons and circumstances shall not be affected thereby. SECTION 8 - APPLICABILITY This agreement shall become operative immediately upon its approval by any city or county as between it and any other city or county or cities or counties so ratifying. Duly authenticated copies of this agreement and of such supplementary agreements as may be entered into shall, at the time of their approval , be deposited with each of the party cities and counties and with the Division of Emergency Management and other appropriate agencies of the State of Texas . This agreement shall become binding and obligatory when it shall have been signed by the Mayor and County Judge of the respective city and county enumerated in this agreement; when it shall have been approved by the City Council and Commissioners ' Court of each city and county. John W. Akin, Mayor Collin Judge City of Wylie, Texas Collin County, Texas DATE DATE J19 1e CITY OP' WYLIE 2000 HWY.78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor September 10, 1991 Jay Davis Mayor Pro-Tem State Coordinator Jim Swartz Division of Emergency Management City Council Texas Department of Public Safety P 0 Box 4087 Austin , Texas 78773-0001 Dear sir : William Martin As Mayor of the City of Wylie , I am advising you that Fire City Council Chief Jim Lynch has been appointed Emergency Management Coordinator for the City of Wylie effective September 10 , 1991 . All future correspondence and Emergency Management Don Hughes publications should be directed to : City Council • Mr . Jim Lynch Fire Chief City of Wylie P 0 Box 428 C+rtie Messenger Wylie , Texas 75098 City Council ( 214) 442-1803 Sincerely, Percy Simmons City Council John W. Akin , Mayor - City of Wylie Bid Dashner J WA:c j City Manager MEMORANDUM DATE: August 26 , 1991 TO: City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider Nominating Candidates to Serve On the Collin County Central Appraisal District Board Of Directors The City Council needs to nominate from one (1) to five (5) candidates to serve on the Central Appraisal District Board. Attached is a resolution that will transmit these nominees to the Central Appraisal District prior to the election. • • • • . . ,• • RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, WYLIE, TEXAS NOMINATING CANDIDATES FOR THE BOARD OF DIRECTORS FOR COLLIN COUNTY CENTRAL APPRAISAL DISTRICT. WHEREAS, the City of Wylie has 40 votes to cast on the ballot for the candidates for the Board of Directors for Collin County Central Appraisal District; and, WHEREAS, the City Council of the City of Wylie must nominate these candidates in an open meeting; and, 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 will nominate from one (1) to five (5) candidates to serve a two year term term beginning on January 1, 1992 . SECTION 2 The candidates are as follows; DULY PASSED AND APPROVED ON THE DAY OF SEPTEMBER 1991 . APPROVED: John Akin, Mayor ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM: Steven441:5 P. Deiter , City Attorney CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY 1024 S. Greenville #120 Allen, Texas 75002 214/390-7990 FAX 214/390-7498 214/542-0306 August 21, 1991 John Akin, Mayor City of Wylie P. O. Box 428 Wylie, TX 75098 RE: Election of Central Appraisal District of Collin County Board of Directors. Dear Mayor Akin: Please be advised that City of Wylie will have 40 votes to cast in the election of the Board of Directors for the Central Appraisal District of Collin County. The terms will be for two years beginning January 1, 1992 . Each voting unit may nominate from one to five candidates. Nominations must be made in an open meeting. A written resolution from the presiding officer should include the name and address of each candidate nominated. The resolution must be delivered to the Chief Appraiser by October 15, 1991. Sincerely, Jimmie Honea Chief Appraiser JCH/dlw Enclosure CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY 1024 S. Greenville #120 Allen, Texas 75002 214/390-7990 FAX 214/390-7498 214/542-0306 DIRECTOR QUALIFICATIONS An appraisal district director must reside in the appraisal district for at least two years immediately preceding the date he or she takes office. A person may serve on the governing body of a taxing unit in the appraisal district that is; a city councilman, school board trustee, county commissioner, or other board member, and still be eligible to serve as a director. The commom- law doctrine of incompatibility (holding offices that have conflicting demands on the holder) does not prohibit the same person from holding both offices. There is no limit to the number of elected officials that may serve on the board. An employee of a taxing unit within the appraisal district may not serve as a director. The only time that a taxing unit's employee may serve is if that employee is also an elected official or member of the governing body. For example, a city councilman who is employed as the school business manager may serve as a director. A person may not serve as a director if he or she is related to someone who appraises property for use in proceedings before the appraisal review board or in subsequent court proceedings, or represents .property owners in such proceedings. A person may not serve on the board of directors if that person has a substantial interest in a business entity which has a contract with the appraisal district or, in the case of a taxing unit, has a contract related to the performance of an activity governed by the Tax Code. (Example- a partner in a law firm engaged in collecting delinquent taxes for a taxing unit. ) In considering individuals to serve as directors, taxing units should look for expertise in such areas as accounting, finance, management, personnel administration, contracts, computers, real estate, or taxation. MEMORANDUM DATE: August 28 , 1991 TO: City Council too' FROM: Bill Dashner , City Manage RE: Discuss and Consider Two (2) Formal Bid Proposals for the City of Wylie Group Health and Life Insurance Coverage Blue Cross/Blue Shield currently is the City' s health and life insurance provider . We anticipate another 15% to 20% increase in premiums in February of 1992. This increase is happening every year . With this in mind the City solicited two (2) proposals. The figures on the attached sheet are for HMO plans (CIGNA and SANUS) as opposed to the Blue Cross/Blue Shield plan we have currently. You will note the costs are significantly lower both for the City and for the City employees . Therefore, it is clear that the City of Wylie can save money by accepting the CIGNA proposal. The City saves on the amount it pays and the Employees save on the amount they pay for dependent coverage. All benefits are comparable or better. My recommendation is as follows : That the City of Wylie notify Blue Cross/ Blue Shield with the 30 day notice required in the contract and terminate the agreement and start new coverage with CIGNA on October 1, 1991. This will get this major budgeted item on our fiscal year . Our plan renewal with Blue Cross/Blue Shield is not until February of 1992 , at which time we can expect an increase in premiums. I think, for budgeting reasons , it would be in the City' s best interest to consider putting our Health/Life insurance plan on the fiscal year; and based on these attached figures , it is my strong recommendation that we consider the CIGNA proposal . The bottom line is , changing from Blue Cross/ Blue Shield will save the City an estimated $19 ,000 based upon the current Blue Cross/Blue Shield rates . MEMORANDUM TO. Bill Dashner , City Manager a/ I ` FROM: Barbara LeCocq , Personnel Dept . DATE: August 28 , 1991 REF : Health Insurance Comparisons Recently two health and life insurance providers have offered the City quotes for group insurance . The figures following are for HMO plans (CIGNA and SANUS ) as opposed to the Blue Cross/Blue Shield plan we have currently . You will note the costs are significantly lower both for the City and for the City employees . COVERAGE BC/BS SANUS CIGNA Life Insurance (per $ 1000 coverage ) $ . 37 $ . 28 $ .40 AD&D (per $1000) .06 .06 .05 HEALTH: Employee (mo . ) $ 152 . 31 $137 . 55 $130 .55 (includes dental , prescriptions ) Dependent Prem . $209 . 95 $ 192 . 39 $ 187 .59 Annual Cost to City Life/AD&D (est ) $ 15722 $ 12431 $16453 (Volume $3 ,046 , 856) Annual Cost to City $ 122 , 457 $110 , 590 $ 104 , 692 Employee Health (est ) Annual Cost to City Part . in Dep . Cov . $1260 $ 1260 $ 1260 ( $ 70 per employee ) TOTAL ANNUAL COST $ 139 , 439 $ 124, 280 $ 122 , 405 TO CITY Dependent Premium *$96490 *$88 .80 (per pay period) *This is paid by the employee . 0" Office Visit $ 150 ded . $5 .00 $5 .00 Hospital Admission $200 $100 no charge Prescription Co-pay $8/5 $7/2 $ 10/6 ($ 50 . ded) I hope these figures will give you a brief overview of the proposals that have been made . Please remember that the figures reflected in the BC/ BS column are the costs the City is paying at this time . Our plan renewal with BC/BS is not until February, at which time we can expect an increase in premiums . I think, for budgeting reasons , it would be in the City' s best interest to consider putting our Health/Life insurance plan on the fiscal year ; and based on these figures , it is my recommendation that we consider the CIGNA proposal . copy : Carolyn Jones MEMORANDUM DATE: September 4, 1991 TO: City Council FROM: Bill Dashner, City Manage �.. RE: Discuss and Consider an Ordinance Establishing Speed Limits on Sanden Boulevard Within the Corporate Limits of the City of Wylie Apparently when Sanden Boulevard was opened an ordinance was never officially passed establishing a speed limit . In order for the Police Department to enforce speed limit regulations on Sanden Boulevard, within the corporate limits , an ordinance must be adopted by the City Council . Therefore, it is hereby recommended that the maximum speed limit on Sanden Boulevard be established at 45 miles per hour . Attached is a ordinance that will put this law in place. • • • • • Jr• • • :I' ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A MAXIMUM LAWFUL PRIMA FACIE SPEED LIMIT OF FORTY-FIVE (45) MILES PER HOUR ON SANDEN BOULEVARD, IN ITS ENTIRETY, WITHIN THE CITY , PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF OTHER ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200 .00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the basis of a traffic investigation, the City Council of the City of Wylie has determined that the prima facie maximum speed limit on Sanden Boulevard is greater than is reasonable or safe under the conditions found to exist thereat , taking into consideration the width and condition of the street and other circumstances , as well as the usual traffic thereon; and, WHEREAS, the City Council has determined to declare a reasonable and prudent prima facie maximum speed limit for Sanden Boulevard and to direct the City Manager to give notice thereof by the posting of appropriate signs and markings; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1 . A prima facie maximum speed limit of forty-five (45) miles per hour for motor vehicles is hereby determined and declared to be reasonable and safe, and such maximum speed limit is hereby fixed as the maximum rate of speed indicated for motor vehicles traveling upon the said Sanden Boulevard (from inception/termination at State Highway 78 through and including its termination/inception at FM544) , or parts thereof, and no motor vehicle shall be operated along or upon said portions of said Sanden Boulevard within the corporate limits of the City of Wylie in excess of the aforesaid maximum speed. SECTION 2 . The speed limits contained herein shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices promulgated by the State Department of Highways and Public Transportation of the State of Texas , and the City Manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs . SECTION 3 . That all other ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect . SECTION 4 . Should any paragraph, sentence, subdivision , clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof , other than the part so declared to be invalid, illegal or unconstitutional . SECTION 5 . Any person violating any of the provisions of this ordinance or the speed limits established hereby shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of Wylie, Texas , shall be fined in an amount not to exceed the sum of Two Hundred Dollars ($200 .00 ) for each offense. SECTION 6 . • This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide . DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 1991 . City of Wylie, Texas APPROVED: John Akin, Mayor ATTEST: Carolyn Jones, City Secretary APPROVE AS F . t en eater , CI y torney MEMORANDUM DATE: August 26, 1991 TO: City Council FROM: Bill Dashner, City Manage 14,00000 RE: Discuss and Consider Proposal from Physicans Regional Hospital on Ingress and Egress to State Highway 78 Attached is a proposal from Physicians Regional Hospital outlining certain requests and requirements that the hospital wants from the City of Wylie. It is my recommendation that number two (2) of the proposal can be granted but number one (1) should be rejected for the following reasons : I believe that the traffic study prepared by Dannie Cummings, P.E. of JBM Consulting Engineers indicates that a traffic light is warranted somehwere in that general area, especially when making a left hand turn into the Brookshire' s parking lot . This has been the City' s position for almost one year . I do not believe that we should dictate to the State of Texas and their traffic engineers the timing for installation of this light if continual delay of the Brookshire' s opening occurs. The City continues to lose potentially thousands of dollars in sales tax revenue. My recommendation is to develop a proposal to the State based upon Item No. 2 regarding curbs, necessary striping , median placement; and by our non-action on Item No. 1 , let the state assume any legal liability regarding personal injury and install the light when they feel it is necessary. Attachment: Formal Proposal from Hospital •. 14?PHYSICIANS REGIONAL HOSPITAL 801 SOUTH HWY. 78 • P.O. BOX 1500 • WYLIE, TEXAS 75098 • (214) 442-5414 August 21, 1991 Bill Dashner, City Manager 2000 N. Hwy 78 Wylie, Texas 75098 Dear Mr. Dashner : Thank you for meeting with me yesterday afternoon on the Brookshire' s joint access easement issue. As we discussed, the . hospital will grant a joint access easement to Brookshires if written agreement is received by the hospital from Brookshires and the City of Wylie relative to the design, construction and maintenance of the joint access easement and the following conditions: 1 . The city council and state highway department agree in writing that a traffic signal light is not needed and will not be placed at the joint access easement intersection with SH 78 until such time as traffic volume on the widened (4-6 lanes) SH 78 dictates the necessity of the aforementioned traffic signal light. If at some time in the future following the widening of SH 78, a traffic signal light is deemed to be necessary, the city and the state agree that serious consideration shall be given to the location of such light at the hospital ' s main emergency entrance. 2. The city agrees to formally recommend that the state highway department construct a curb cut and minimal stacking lane at the hospital ' s main/emergency entrance upon the widening of SH 78 . If the state highway department is unable to comply with this city recommendation, then the city will agree to take a very strong stance on requiring that a striped left turn lane be placed where a raised division median would otherwise be constructed at the hospital ' s main/entrance so that southbound emergency and hospital traffic can take an unimpeded left turn into the hospital property. I will be available at 442-5414, ext . 300 to answer any questions you may have. If I am not available, Peggy McCollum is authorized to represent the hospital and myself. Thank you for your consideration. Sincerely, wrence J. Wedekind Administrator LJW/sa cc: Brad Brookshire Robert Dubbs Stuart Kalb Peggy McCollum Mark Liston MEMORANDUM DATE: August 28 , 1991 TO: City Council FROM: Bill Dashner, City Manage woo RE: Discuss and Consider S ection of an Outside Independent Auditing Firm fter Formal Proposals Have Been Analyzed to Conduct the FY91 City Audit The City solicited formal bid proposal from accounting firms in the Metroplex area . On August 27 , 1991 the City received three (3) formal proposals . All of the proposals met the general standards set out in the request for proposal . The principle outlined in the bid proposal was to conduct an audit of all City financial activities for FY91 and prepare an audit to meet or exceed general acceptable accounting principles . Listed below are the three (3) firms and their quoted cost for the audit . AUDIT PRINTING COMPANY PRICE CAFR* REPORTS Doll, Karahal $15,000 $3, 000 $150 & Company, P. C. Dallas, Texas Brosowske, Mares , $13 ,000 $ 750 $500 Smothermon & Co. Dallas, Texas Rutledge, Crain & $ 8 ,500 $1 ,500 $450 & Company, PC Arlington, Texas My recommendation is a follows: Since all three (3) firms complied with audit proposal specifications I recommend that the firm of Rutledge Crain & Company, PC of Arlington, Texas be selected by the City Council for a fee not to exceed $8,950. The firm is well qualified and conducts Municipal and County audits annually. If the City Council selects this firm a contract can be prepared to be executed by the City as soon as possible. In the same envelope with your agenda packet you will find the formal proposals from all three firms . *I have not recommended that we go for the CAFR (Certified Accounting Financial Reports) , these are not required and thus I do not believe are needed at this time. • • • • • • • MEMORANDUM DATE: September 4 , 1991 TO: City Council FROM: Bill Dashner , City Manage . • RE: Discuss and Consider Formal Agreement for Services Between City of Wylie and Dennis Hensley d/b/a PC' S And More of Wylie for Data Processing and Computer System Technical Assistance Attached is an agreement for services which outlines fifteen (15 ) areas for the scope of computer services . This service agreement has been approved by Mr. Dennis Hensley. It is my recommendation that the City Council authorize the City Manager to sign this agreement and engage Mr. Hensley immediately. AGREEMENT FOR SERVICES This agreement is between the City of Wylie herein referred to as Customer and Dennis Hensley d/b/a PC' s and More of Wylie, Texas herein referred to as Hensley. This service agreement is for computer services . Section 1 . Hensley is employed by the Customer to provide a broad range of computer services which include but are not limited to the following Installation of Software Systems Maintenance, Repair and Training Section 2 . Hensley is engaged for an indefinite period and will provide services on a demand as need basis . All services will be provided for $19. 00 per hour which includes labor and technical assistance. Software and parts will be paid for separately. Section 3. Hensley will be engaged on a hourly basis that will not exceed twenty (20) hours per week without prior written authorization of the City Manager. The service agreement and engagement agreement will not exceed six (6) months and at the end of the initial six (6) month engagement reconsideration will be giving to continuation of the agreement . Section 4 . All cards, tapes , disks , and other media, processes , reports , and information of any nature that are made available by customer or that become available to Hensley company by virtue of this agreement , or the relationship created by this agreement, shall be held in strict confidence by Hensley. Such confidential disclosures that are made or such confidential information that is made or becomes available to service company is made in reliance on this promise. Section 5. Information given by Hensley to customer will not be of a confidential nature, regardless of how designated . Customer will be required to hold confidential only such of Hensley information as customer may from time to time agree in writing to so hold. Hensley shall designate in writing all information transferred pursuant to such agreement that Hensley believes to be proprietary, and customer shall protect such information in the same manner as customer protects customer ' s own proprietary information. All restrictions and obligations on customer under this section PAGE 2 shall terminate three (3) years from the expiration of this agreement . Section 6 . Information will not be considered proprietary (a) to the extent that it is or becomes public knowledge through no fault or negligence of the party receiving such information, (b) that is rightfully disclosed by some third party, or (c) that is already known to the receiving party and has not been obtained in confidence from the other party prior to the date of this agreement . Section 7 . All systems, computer programs, operating instructions , and all other documentation developed for or specifically relating to customer' s information processing, and all customer source documents , stored data and other information of any kind, and reports prepared by Hensley, will be the property of customer . All cards, magnetic tapes , disk packs or other storage media, temporary and permanent, containing customer ' s programs or other information of any kind will be available for inspection by customer' s personnel or customer ' s designees at any time, and all information thereon shall belong to customer, and will be delivered to customer on customer ' s request . Section 8 . Hensley shall not perform any program modification services on any new or existing routines unless he shall have received written authorization to do so from customer . Section 9 . Hensley shall maintain all critical master programs and master data files in a completely secure manner, either by storing such programs and files , if magnetically recorded , in vaults approved for storage of magnetically recorded data and having an Underwriter' s Laboratory rating approved , or if recorded in card form, in any vault with an Underwriter' s Laboratory rating of two hours or higher, or by duplicating such programs and files and storing the duplicates in a secure location remote from the data processing center and the original programs and files , all in a manner satisfactory to customer . Section 10 . (a) In the event of a breach of this agreement by either party that is not remedied within ten (10) days after delivery of written notice of such breach, the aggrieved party may terminate this agreement by written notice to the other . t PAGE 3 (b) On expiration or termination of this agreement, for any cause, Hensley, without additional cost to customer, shall provide all reasonable assistance and devote his best efforts to returning to customer, or customer' s designees, in an orderly and expeditious manner , all data , records, and documentation belonging to customer . Customer, by written notice to Hensley, may defer the actual termination date of this agreement up to one (1) month to enable customer to make appropriate provision for the handling of the functions performed by Hensley without loss of performance time. Any such extension shall be on the terms and conditions contained in this agreement . Section 11 . In addition to any other remedy to which customer may be entitled Hensley will be responsible for correcting all errors , and responsible for their cost, caused by machine or software malfunction or service company' s operational errors of any kind. Such correction shall include complete reruns and restoration of programs and data files ; however , customer may elect to receive the equivalent value based on cost of reruns and restoration of programs and data files at Hensley' s then current rates . Customer will provide back-up data for reruns and restoration of programs and data files , except for data covered by Section Nine (9) of this agreement. Reruns shall be run as expeditiously as possible to minimize delay in performance. Operational errors include, but are not limited to, the following : (a) Failure of computer or software while receiving , transmitting, or processing customer' s data; (b) Incorrect labeling or filing of data; (c) Failure to properly store programs or data files; (d) Failure to follow prescribed documented procedures; (e) Failure to provide satisfactory reports from successful processing run; and (f) Failure of programs provided or maintained by service company. Section 12 . A waiver by either party of any provision of this agreement shall not imply a subsequent waiver of that or any other provision . PAGE 4 Section 13 . Payment shall be on a bi-weekly basis and shall be due and owing to Hensley on completion of the work specified for that period, or the receipt by customer of a true and correct invoice, whichever is later . Section 14. The parties acknowledge and agree that all services provided hereunder shall be on the basis of Hensley' s being an independent contractor of Customer and not as an employee . Section 15 . (a) This agreement contains the binding agreement between the parties and supersedes all other agreements and representations, written or oral, on the subject matter, including any statements in referenced exhibits or attachments that may be in conflict with statements in this agreement. (b) This agreement shall be governed by the law of the State of Texas and the Wylie City Charter . • (c) Hensley shall not be responsible for consequential damages except as to such damages as may arise from the following: (1) willful acts ; (2) gross or continuing negligence on service company' s part; (3) failure to comply with the provisions of Section Nine (9) ; and (4 ) failure to maintain personnel , facilities, and procedures adequate to fulfill his obligations under the contract during its term. (d) Any customer purchase order issued pursuant to this agreement shall be for customer ' s internal purposes only, and the preprinted terms and conditions of such order shall not be of any force or effect with regard to this agreement . Dennis Hensley, PC' S and More, P. 0. Box 997 , Wylie, Tx . 75098 Bill Dashner, City Manager , City of Wylie, 2000 Hwy. 78 N. Wylie, Texas 75098 As Authorized by the City Council ‘257i57 MEMORANDUM DATE: September 5, 1991 TO: City Council rr FROM: Bill Dashner, City Manage Z.--. RE: Discuss and Consider Update and Progress Report and City' s Tentative Proposal to the Texas Department of Health on City Landfill Closure On September 5, 1991, City Engineer, Paul Beaver, met with the Health Department on the City' s plan to close the landfill . Mr . Beaver will report to the City Council on the results of this meeting . • 5 MEMORANDUM DATE: September 4 , 1991 TO: City Council FROM: Bill Dashner, City Manage `La RE: Discuss and Consider Engineering and Environmental Services Agreement with Jones and Neuse, Inc. The City of Wylie never had a direct , written contract with Jones and Neuse . Jones and Neuse had a contract with Shipley & Inhofe. The first contract called for $56 ,500 to Shipley and Inhofe, all of that work has been done and the contract has expired. Two additional agreements , approved by the City, has paid Jones and Neuse $58,100, for a total to date of $114 ,600 (since February 1988) . In order to continue the engineering services and environmental services of Jones and Neuse and to get the City up to September 30 , 1991 State Department of Health requirements, attached is a proposed agreement for engineering services as required by the State Health Department on the landfill . This engineering and environmental service agreement outlines the scope of work to be done which is six areas at a projected cost of $14 ,525 . It is my recommendation that the City Council approve the service agreement so that the City can continue this project by the deadline of September 30 , 1991 . To do otherwise would require soliciting proposals and selecting new environmental engineers . ENVIRONMENTAL AND ENGINEERING SERVICE AGREEMENT QUARTERLY SAMPLING FOR THE THIRD CALENDAR QUARTER WYLIE LANDFILL MONITOR WELLS This work order addendum constitutes authorization by the City of Wylie (Client) for Jones and Neuse, Inc. (JN) to proceed with the following scope of services as required by the Client: SCOPE OF WORK This scope of work will provide for third calendar quarter sampling of monitor wells at the City of Wylie landfill in Wylie, Texas. Services provided by JN will include the following: 1 . Third calendar quarter sampling during 1991 for monitoring wells numbers MW-2, MW-5, MW-6, MW-9, MW-12, MW-13, and MW-14, and piezometers P-3 and P-4. Ground-water elevations will be determined for all wells and piezometers on site. 2. Analysis of third calendar quarter samples and one field blank ( ten samples total ) for volatile organics in accordance with EPA Method 624, and TDH groups I , II , III , IV as indicated on TDH ground water monitoring report form SE65. 3. Prepare a ground-water sampling report to detail the site sampling activities for the third quarter and report results of sample analyses. 4. Complete monitor well data sheets for MW-5, MW-6, MW-9, MW-12, MW-13, and MW-14. 5. Arrange and attend a meeting with TDH to discuss closure of the landfill . 6. As requested by the City Manager, attend one meeting in Wylie to discuss this project. The Client will provide the following: 1 . Access to the site. This scope does not include the following services. If required, these services would be performed at additional cost : 1 . Disposal of water produced from the wells during sampling. 2. Additional sampling of monitoring wells during subsequent calendar quarters. 3. Analysis of additional samples and/or analysis of additional parameters. 4. Preparation of the landfill closure plan. TERMS AND COMPENSATION Work shall be performed under the terms and conditions in the October 30, 1990 Professional Services Agreement between Client and JN, pending JN credit approval . Compensation for services described in the scope shall be on a time and materials basis in accordance with the flat rate schedule of fees dated March 1 , 1991 . The estimated cost for these additional services is $14, 525. AUTHORIZED: ACCEPTED CITY OF WYLIE JONES AND NEUSE, INC. 8Y BY Date Date Purchase Order No. Proposal No. P910 A ( if applicable) Work Order No. LINE ITEM COST ESTIMATE Third Calendar Quarter Sampling, Completion of Data Sheets, Arrange and Attend Closure Meeting with TDH, Attend City Council Meeting. Project Items A. Subcontractor Testing $ 5, 828 B. Technical Evaluation $ 5, 395 C. Project Management $ 270 D. Travel and Per Diem $ 880 E. Incidentals $ 250 Subtotal $12, 623 Contingency 15% $ 1 , 894 Total $14, 516 Profit 20% on JN labor $ 2, 230. 7 Overhead rate 186% Nifij- pie CITY OF WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214-442-2236 August 30, 1991 David Buchanan Jones & Neuse, Inc. 11811 IH-10 East, Suite 275 Houston, Texas 77029 Re : Proposed Engineering & Environmental Services TDH Landfill Monitoring Requirements (9-30-91 ) Wylie, Texas Dear David : I am in receipt of your draft proposal to accomplish the. necessary environmental investigation, analysis, and engineering report in order to meet the Texas Department of Health 9-30-91 deadline. I appreciate your efforts on the breakdown of the estimated costs. I believe all items that I requested in my letter of August 27, 1991 were covered and I will have a recommendation to the City Manager very soon. In order to properly budget our expenditures on the landfill closure, I need to fully understand the amount remaining in the existing Phase II Hydrogeologic Investigation of the Landfill Contract, most recently amended by City Manager' s signature on April 8, 1991 . Our records show that an amount of $51 , 387. 51 has been recommended for payment on the $58, 100 amended contract. This amount of billing is through June 30, 1991 . Therefore, $6, 712. 49 should be left to possibly be utilized on your referenced proposal to meet the TDH 9-30-91 deadline. On August 20, 1991 1 requested for the Jones & Neuse accounting department to audit the Phase II H contract to verify as that date, the amount remaining in that contract. It is very critical that this information is provided to me by close of business on Tuesday, 9-3-91 , so that I can make a final decision on your proposal . Thank you for your cooperation. Sincerely yours, Paul D. Beaver, P. E. Director of Planning & Engineering xc : Bill Dashner, City Manager • 66 POst•It"'brand twx iranwnun.►i jur i V v.v.- - 10NES AND NEUSE, INC. 1' 4 $APNE.- b « V4 N C . Engineering and Environmental Consultants D.pO. Pbone (51 i4s043P1- Fax Fax Ql� 414 .. 430L.. • • 't ,q August 28, 1991 1.) Mr. Bill Dashner • City Manager City of Wylie F.O. Box 428 Wylie, Texas 75098 Attention: Mr. Paul Beaver Re: Proposal and Authorization for Engineering and Environmental Services P910 A Dear Mr. Dashner: Jones and Neuse, Inc. (JN) is pleased to have the opportunity to submit this. proposal to the City of Wylie for performing engineering and environmental services related to addressing tlrequirements fore Septemberp30,g1991iltasing itemizels at the City of Wylie landfill required of lie dated A theTexas I previously Health's J Qualifitcation Statement the and a partial August 15, 1991 . I pre y listing of similar projects undertaken sbye know.require further information concerning our qualifications, please let m I evaluated information in the letter from TDH to the City of Wylie dated August 15, 1991 and have prepared the attached proposal to address TDH's requests for sampling in the third calendar quarter of 1991 . The scope of work required includes collecting quarterly groundwater samples for the third calendar quarter prior to September 30, 1991. As indicated on page 2, paragraph 2 of TDH'S letter, we may have to wait up to 72 hours to collect samples from some monitoring wells after they have been purged. I have ect, however, we will use actored this requirement into ducine cost of the the time and oexpense of completing the every available means of g sampling. As indicated in the TD}i's letter, specific wells must be samne, tpledwo during andurin he third calendar quarter for volatile organics and groups four on TDH's monitor well report form EBalso includetson to completiontor of new sampling, the scope of work for thisproject monitor well data sheets for wells at the landfill and time to arrange and attend a meeting with TDH to disouusoth��ea CitylCouncil iWe wY1ie aalso y your request.ed time to attend a meeting with yo The estimated cost to address the items discussed above is approximately $14 525. I have attached a line item cost estimate as requested in your letter a e ugust 27, 1rs1after pur The cost ng the the monitori g ect wells to collectbe reduced f we do not samples. have to wait 72 hours p � I have enclosed two copies of a work order for this project. If you desire to +y01i Ih1.111 Fact_Suite 275 Houston,Texas 77029 713-450-11 Mr. Bill Dashner /%4 City of Wylie ? 1'. August 28, 1991 ~ . Page 2 proceed with the work and concur with the terms and conditions of the agreement and with the scope provided in the work order, please sign the contract documents and return one executed copy of each to us. If you have any questions or comments, please do not hesitate to call. We look forward to a successful and lasting relationship. Sincerely, JONES AND NEUSE, INC. • J. David Buchanan Environmental Services Manager Gulf Coast Region JDB/jdb Wylie2.pro.16 Enclosures • • • MEMORANDUM DATE: September 3, 1991 • TO: City Council FROM: Bill Dashner, City Manage r RE: Discuss and Consider Impact of House Bill Number Eleven (11) on Solid Waste Disposal Cost On the last couple of days, while they were in session, the Texas Legislature passed and the Governor signed House Bill Number Eleven (11 ) , which imposed a significant increase on Landfill operations throughout Texas. The increase is from . 17 per cubic year of compacted waste up to .50 a cubic yard of compacted waste. The City provider Browning Ferris Industries has indicated that this state mandated increase must be passed on to the City retroactive as of September 1 , 1991 . I am unable at this point and time to determine what the cost increase will be. As soon as I know the cost I will let the City Council know. This will directly affect very heavily all commercial units throughout the City. This is the second year in a row the Texas Legislature has done this. This was not contemplated when the City Budget was written . Attachment: House Bill No. 11 • • • • • • • • Recycled paper :- Waste EIF11 Sy stems- BROWNING-FERRIS INDUSTRIES North Dallas District Dear Valued Customer: As you may already be aware, the 72nd Texas Legislature passed House Bill #11 which increases the solid waste disposal tax from $.17 to $.50 a yard an compacted waste that is brought into a landfill. This increase will be effective 9/1/91 . You may notice a slight increase 'on you next invoice that will reflect this increase in disposal cost. We have enclosed a copy of bill #11 for further explanation. 11 PART C. SOLID wASDE 12 SECTION 9. 13. Section 361 .013(a) , Health and Safety Code, as 13 ,amended by Section 2, chapter 303, and Section 2, Chapter 370, Aces 14 of, the 72nd Legislature, Regular Session, 1991 , is amended. to read 1 S as follows: Y't ;� , 16 •. (a) Except as provided by Subsection (e) , the department 17 shall charge a fee on solid waste that •is' disposed of within this le state.• The fee is t,hg,,,,_g_reaker of • 50`• cents per ton or, b r _ r 19 compacted solid waste, •'50 • t}7l cents per cubic yard or, for. 20 uncomoacted solid waste, (of•eerapacted-eelid-waste-end1 10 cent' 21' • 'per cubip yard tof-eneompecaed-selid-+►sstel received for disposal 22 at a landfill. The departmept shall set the .fee for sludge or 23 siraila►r" haste applied to the land. .for . beneficial use on a . dry 24 weight ..basip and for• solid waste received at an incinerator or a 25 shredding and composting facility at Malt the fee set for solid 26 waste • received .for disposal at a landfill. The department may 27 charge comparable fees for other means of solid waste disposal, that are used. • 91 • 4200 EAST 14TH STREET • PLANO, TEXAS 75074 • (214)422-2341 • FAX: (214)881.0077 MEMORANDUM DATE: August 30, 1991 TO: Steven P. Deiter , City Attorney FROM: Bill Dashner, City Manager and City Council Members RE: Request for Legal Opinions 1990 Certificate of Obligation OPINION #1 According to the official "RECORD OF PROCEEDINGS" dated February 15 , 1990 the City of Wylie issued $3,500 ,000 of "Tax and Waterworks and Sewer System Limited Pledge Revenue Certificates of Obligations" . The City Charter states on page thirty-seven (37) "The city shall have the power to borrow money on the credit of the city and to issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by law and this charter , and to issue refunding bonds to refund outstanding bonds previously issued. All such bonds or certificates of obligation shall be issued in conformity with the laws of the State of Texas and shall be used only for purposes for which they were issued. Any bonds to be issued under the provisions of this section shall not be issued without an election ." . Will you please deliver a formal opinion on whether the issuance of the certificates of obligation were in compliance with or was the issuance repugnant to the City Charter . I have read the legal opinion issued by Fulbright & Jaworski and it does stipulate that the issuance was in compliance with State Law but makes no reference to the City Charter. The fundamental premises in my judgment is that these were Certificates of Obligations . Question: Was the City Charter violated in issuing $3 .5 Million in Certificates of Obligations without an election? ************************************************************ OPINION #2 On page nineteen (19 ) of the "RECORD OF PROCEEDINGS" Ordinance No. 90-2, Section 10 stipulates the establishment of a Certificate Fund . Will you please indicate in your opinion if Section 10 was complied with when the bonds were issued? It is my personal belief that Section 10 was never complied with and this is why the City is having difficulty finding the money to meet debt service. Also, please make a part of your opinion , whether or not Section 13 , page twenty (20) of Ordinance 90-2 was ever complied with in establishing a "System Fund" . Question: Was the Ordinance violated by not setting up these two funds? ************************************************************ OPINION #3 According to the "RECORD OF PROCEEDINGS" and Ordinance 90-2 the City issued Certificates of Obligations to do several things , one of which was "Purchasing and Acquiring a Building for the City' s Utility Department, including the acquisition of land" . Since the Certificate of Obligation stipulated this would be done shouldn' t it be done and if this is not done what happens to the money allocated for this specific item? If this is not done it appears to me that the City is in violation of the ordinance issuing the Certificates of Obligation . Question: Will the ordinance be violated if the "Utility Department" is not moved to other land? ********************************************************** OPINION #4 On page nineteen (19 ) of the "RECORD OF PROCEEDINGS" the Ordinance No. 90-2, Section 11 : Tax Levy, a tax was supposed to be placed on property within the City to "pay such debt service requirements" . The taxes were supposed to be levied and applied to the payment of the Debt Service Requirements . Records indicate this was never done. Another reason for lack of money to meet debt service requirement . Does this not call into serious question the whole issuance? Question: Was the ordinance violated by not imposing this property tax to help defer debt service? ************************************************************ CONCLUSION: The questions posed are of a serious nature and call into question the proceedings and actions of a City Council that was in office in January 1990 . Should any or all of the legal opinion results requested conflict with the City Charter or the Ordinance that authorized this debt , a decision will have to be made on how, if possible, the action of the City Council of January 1990 can be corrected in order to comply with all relevant statutes , the City Charter and Ordinance #90-2 . Depending on your opinions it has become necessary, in my judgment as City Manager, for the City Council to comply with Section 15 of the City Charter which is : " INVESTIGATIONS BY THE CITY COUNCIL The city council shall have the power to inquire into the official conduct of any department, agency, office, officer , or employee of the city, and for that purpose shall have the power to administer oaths, subpoena witnesses , and compel the production of books , papers , and other evidence material to the inquiry. The city council shall provide, by ordinance, penalties for contempt for failing or refusing to obey any such subpoena or to produce any such books , papers or other evidence, and shall have the power to punish any such contempt in the manner provided by such ordinance. I have other concerns about full compliance with Ordinance 90-2 but will await your opinion on the above referenced items prior to submitting other requests for legal opinions . . P 1 ashner, ' ty Manager ' /p May Jo n Akin Cou ilman Percy Simmons —.( L.Ae7 ------ Co Gilman Do ghes Co __ ma y Davis &iaL £ tira ,-.." % Councilman William Mar in Councilman Jim Swartz Councilman Ortie Messenger MEMORANDUM DATE: September 4 1991 TO: City Council FROM: Bill Dashner, City Manage RE: Discuss and Consider Formal - Written Legal Opinions Related to the Record of Proceedings on the Issuance Of $1,275, 000 of Certificates of Obligation in May Of 1988 Attached are four (4) legal questions that need to be responded to by the City Attorney' s Office. MEMORANDUM DATE: September 3, 1991 TO: Steven P. Deiter, City Attorney FROM: Bill Dashner , City Manager and City Council Members RE: Discuss and Consider Formal Written Legal Opinion Related to the "RECORDS OF PROCEEDINGS" on the Issuance of $1,275 ,000 of Certificates of Obligations in May of 1988 According to the official "RECORD OF PROCEEDINGS" and Ordinance No. 88-13 the City Council in May of 1988 issued $1, 275 ,000 of Tax and Water Works and Sewer Limited Pledge Revenue Certificates of Obligation. You are requested to deliver a formal written legal opinion on whether this issuance of Certificates of Obligation is in conflict with page thirty-seven (37 ) of the City Charter which stipulates Certificates of Obligations cannot be issued without an election . Also , the following other legal opinions are requested on the 1988 issuance. 1 . Ordinance No. 88-13 stipulated the establishment of a certificate fund, a system fund and a tax levy in order to pay debt service. Please indicate your written opinion if the City Council in 1988 followed up on these ordinance requirements . 2 . Approximately 80% of the $1 ,275 ,000 went for road construction. Please give a written opinion as to the propriety of issuing Certificates of Obligations for road construction. 3 . Please give a general legal opinion on this issuance since public records indicate assessments were imposed on the effective property owners and approximately one-third (1/3) of the property owners paid assessments and the remaining have not paid anything . Question : Can the City legally collect the money from the two-thirds (2/3) that have not paid or should the City refund assessments collected? A legal opinion is also requested on whether the assessment ordinance was legally constructed . MEMORANDUM DATE: September 3, 1991 TO: City Council FROM: Bill Dashner , City Manage attiL RE: Discuss and Consider Formal - Written Legal Opinions Related to the Record of Proceedings on the Issuance Of $3 .5 Million of Certificates of Obligation in February of 1990 Attached are four (4) legal questions that need to be responded to by the City Attorney' s Office. PAGE 2 of 2 411 ashner, City Manager Mayor John Akin C un�� an Percy Simmons 4/11, 400 Councilman Don Hu. . Ov- Co ncima — Jay Davis • hiia....- ' .a.fx_g__- Counci man William Martin Councilman Jim Swartz Councilman Ortie Messenger