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06-11-1991 (City Council) Agenda Packet AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, JUNE 11, 1991 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION - REV. DON YEAGER, WYLIE UNITED METHODIST CHURCH PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 8 Consider approval of the minutes of May 28, 1991 City Council Meeting 2 9 - 13 Discuss and consider appointing New Members to the Boards and Commissions to replace those whose appointments are expiring 3 14 Discuss and Consider Appointment of a Municipal Judge 4 15 - 16 Discuss and Consider Adoption of a Resolution in Compliance with EPA Standards on Industrial Pretreatment Program 5 17 - 21 Discuss and Consider Funding Shortfall for Infrastructure Needs for the Texas National Guard Armory 6 22 - 31 Discuss and Consider Special Investigation Report on Southfork Mobile Home Park as it Relates to All City Codes and Mobile Home Ordinance (Provided under separate cover) 7 32 - 35 Discuss and Consider Pay Request #5 from E. L. Dalton for Newport Harbor Sanitary Sewer Project 8 36 - 45 Discuss and Consider Authorizing on Lease/Purchase Basis Low Bid from Houston Galveston Area COG a replacement and upgrade of Police, Fire and 911 Radio Communication System 9 46 - 58 Discuss and Consider Correspondence from Deloitte & Touche on results of Phase I Finance Department Audit and determine appropriate response to Deloitte & Touch and consider City Council Direction to Deloitte & Touche on Phase I Finance Department Audit and determine appropriate course of action ORDER OF PAGE BUSINESS REFERENCE BUSINESS 10 CITIZEN PARTICIPATION In accordance with the Open Meeting Act, the City Council will hear comments of Public interest from citizens residing within the City Limits of the City of Wylie. Any I discussion must be limited to placing the item on a future agenda for further consideration. Wylie residents wishing to speak before Council should limit remarks to a maximum of five (5) minutes. 11 Recess Open Meeting 12 Convene Council into Executive Session under the Authority of Article 6252-17 V.A.C.S., Section 2 paragraph "E" 59 - 72 Discussion to determine appropriate action relative to items of litigation involving the City of Wylie, Inc.: 1. Choya Tapp V. City of Wylie 2. City of Wylie, et al V. Choya Tapp 3. City of Wylie, V. Chemical Recycling, INc. 13 Reconvene Council into Open Meeting 14 Consider any action necessary from Executive Session 15 Adjourn NOTICE OF REGULAR MEETING Notice is hereby given that the governing body of the City of Wylie will meet at 7:00 P. M. on the f 1/ day of , 1991, in the Council Chambers of the icipal Complex at 2000 Hwy. 78 North in the City of Wylie, Texas, for the purpose of considering the attached agenda. Ire Carolyn s,f Secretary POSTED THIS THE /7 DAY OF . 199L , AT J: W. M. CITY COUNCIL MEETING MINUTES MAY 28, 1991 The City of Wylie City Council met in regular session on Tuesday , May 28 , 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 Akin, Council Members Chuck Wible, William Martin, Jay Davis, Pat Stemple and Percy Simmons, City Manager Bill Dashner , City Secretary Carolyn Jones , City Engineer Paul Beaver , Finance Director Curtis Warner and Public Works Director Bill Flowers . Also present were Jim Swartz and Ortie Messenger, Council Members Elect . Mayor Pro Tem Hughes was out of town. Mayor Akin called the meeting to order and Rev. Al Draper of the First Baptist Church gave the invocation which was followed with the Pledge of Allegiance. APPROVAL OF MINUTES OF MAY 14TH AND 20TH, 1991 COUNCIL MEETINGS : There being no corrections or additions to the minutes, a motion was made by Councilman Simmons to approve the minutes of May 14th and 20th as submitted . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Davis - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . OATH OF OFFICE: The City Secretary administered the Oath of Office to newly elected Council Members Jim Swartz and Ortie Messenger. ELECTION OF MAYOR PRO TEM FOR ONE YEAR TERM - MAY, 1991 - MAY, 1992 : A motion was made by Councilman Messenger to elect Jim Swartz as Mayor Pro Tem. Seconded by Mayor Akin. A motion was made by Councilman Martin to elect Don Hughes as Mayor Pro Tem. Seconded by Councilman Simmons. The vote on the first motion to elect Jim Swartz was as follows: Mayor Akin - in favor , Councilman Swartz - in favor , Councilman Martin - against , Councilman Davis - against, Councilman Messenger - in favor , and Councilman Simmons - against. This motion did not pass , with three in favor and three against . The vote on the second motion to elect Don Hughes was as follows : Mayor Akin - against , Councilman Swartz - against, Councilman Martin - in favor, Councilman Davis - in favor , Councilman Messenger - against and Councilman Simmons - in favor. This motion did not pass, with three in favor , and three against . A motion was made by Councilman Swartz to elect Jay Davis as Mayor Pro Tem. Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Davis - against, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with five in favor and one against . CITY FINANCIAL REPORT THROUGH PERIOD ENDING APRIL 30, 1991 , SEVENTH (7TH) MONTH OF FY91 : The total approved budget for FY 91 was $6, 029 , 076 (as amended by the City Council) . The City has taken in total revenues of $4 ,159,025 and expended a total of $3 , 532 ,240 during the first seven months. As of April 30 , 1991 the City is carrying a positive balance of $626,785 . The City also is reporting investments in the amount of $3 , 198 ,667 .23 in invested accounts or operational accounts. It was also noted that the Utility Fund is suffering due to a great deal of rain fall . Through the seventh month, the Utility Fund has received $1 ,134 , 185 and spent $1,038 , 910 . Unless the next few months begin to show better water sales, the Utility Fund could end the year with a deficit. The City Council authorized lowering water and sewer rate and supplanting this revenue loss with $180,000 worth of 1990 bond funds, $80 ,000 of this has already been transferred into the Utility Fund, another $100 ,00 will be transferred in at the end of the fiscal year when we determine the condition of the Utility Fund. Also report that the Wylie Development Corporation balance as of May 15 , 1991 is $136,010 . 53 . DEBT SERVICE PAYMENT FOR FY 91 AND ITS RELATIONSHIP TO CITY BUDGET: The City of Wylie has 21 different debt service payments that have been made and must be made through FY 91 . This year ' s budget as amended was $6,000 ,000 . Of that amount $1 , 325, 000 was to service the City debt . Through today , the City has paid $884 ,000 in debt service and will have to pay another $441 , 000 . during the next five months. All of this money is being used to service City debt of $17 ,600 ,000 . REVENUE REPORT FROM PARK AND RECREATION ON USAGE OF COMMUNITY PARK: Through May 28 , 1991 the City Park and Recreation has collected a total revenue of $6,433 .00 . This revenue has come from Athletic Field Fees, Lighting Fees and Concession split . All of the money received is earmarked for the Parks . It was suggested that the Council look at putting the $1 . 00 donation back on the water bills. DECLARING SURPLUS CITY PROPERTY AND AUTHORIZING A PUBLIC AUCTION WHEREBY ALL SURPLUS CITY PROPERTY CAN BE DISPOSED OF TO THE HIGHEST BIDDER: Each department head has submitted his list of equipment that is no longer in working order or no longer needed by the City. A lot of this equipment is old, outdated and unoperational and can no longer be used without spending more money to fix than the value of the equipment. It is staffs recommendations to Council to declare all this equipment surplus City property so that a Public Auction can be held at the City Service Center to sell it at auction . A motion was made by Councilman Martin to approve a public auction and to declare the list of equipment as surplus property for auction . 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 Messenger - in favor and Councilman Simmons - in favor. This motion carried with all in favor . ACCEPTING COMPETITIVE BID FOR THE PURCHASE AND FINANCING OF ONE (1) NEW 1,250 GALLON PUMPER TRUCK ON LEASE/PURCHASE BASIS : Staff received three bids on this item. One bid from 3-D Manufacturing - Round Rock, Tex . did not meet specifications . Sutphen Corporation of Amlin, Ohio submitted a bid in the amount of $179 ,001 .00 with 100% financing . With 3 year financing at 7 .65% interest and 5 year with 7 .70% interest and 7 year with 7 . 80% interest. Sutphen Corporation also submitted a bid in the amount of $192 ,699. 00 which exceeds our bid specification. Mr . Keith Scott, representative of 3-D Manufacturing was present and spoke with the Council . Fire Chief Lynch stated that there were 12 exceptions to the bid submitted by 3-D Manufacturing . Staff recommends award of bid to Sutphen Corporation in the amount of $179 ,001 .00 . A motion was made by Mayor Pro Tem Davis to award the bid to Sutphen Custom in the amount of $179,001 .00 with a seven year pay out plan. 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 Messenger - in favor , Councilman Simmons - in favor . This motion carried with all in favor . HOUSTON-GALVESTON AREA COOPERATIVE PURCHASING AG_REEMENT: This is an interlocal agreement which will enable the City to purchase certain items through the Houston-Galveston Area Cooperative Purchasing Program. HGAC annually solicits competitive bids on selected big ticket items such as automobiles and high tech equipment. Governmental agencies may purchase equipment under any of the various HGAC contracts and the prices are frequently much lower than we might be able to obtain on our own bidding . The three percent (3%) administrative fee charged by HGAC would be worth it, if the savings are great enough. A motion was made by Councilman Messenger to approve the agreement with Houston-Galveston Area Cooperative Purchase Program. 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 Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor. PURCHASE OF A COMMUNICATION RECORDER FOR CITY POLICE DEPARTMENT: The City Council approved a $50, 000 drug money expenditure for police equipment. One of the items was a 10 channel communication recorder logger for police dispatch . As a part of the bid process the City requested bids on a reconditioned or new unit. The following bids were received : Creative Switching Designs Magnasync TR2000 $8 , 847 .50 Reconditioned Dictaphone Corporation Dictaphone 5000 $11,619 .00 Reconditioned Dictaphone Corporation - Houston-Galveston Area Dictaphone 5000 $14 , 832 .72 New The bid price for the Houston-Galveston Area on the new Dictaphone 5000 series recorder is $14 , 832 .72 and includes the HGAC administrative price. The list price for this piece of equipment is $20 ,437 . Staff recommends that the two reconditioned bids be rejected and the Council award the bid to HGAC for a new Dictaphone 5000 series unit . A motion was made by Councilman Martin to approve the bid award to Houston-Galveston Area for a Dictaphone 5000 (new) in the amount of $14 ,832 .72 . 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 Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . MASTER METER BILLING AT SOUTHFORK MOBILE HOME PARK AND TAKE RESPONSIBLE ACTION TO ELIMINATE WATER SALES LOSS: The City placed a master meter at Southfork Mobile Home Park three months ago. It was the decision of the City Council at that time to convert 460 individual meters to one master meter whereby the owner would pay all water , sewer and sanitation bills . The City would either pull or sell the meters to the owners. It has been documented that the City is losing approximately $85,000 per year on the operation as it exists today. The following is a comparison reading of the master meter with the individual meters for the month of March : Master Meter 4 ,046 ,100 gallons Individual meters 1, 967 ,234 gallons 3 Difference in readings 2,078,866 gallons Loss in Dollar Amount $5 , 304 . 97 Unless changes are made the City will continue to lose on unmetered and unpaid for water . This has been going on for five years with no action and all citizens are suffering this loss of income and the special treatment given the owner of this one mobile home park. Mr . David Blankenship of 216 Sue Ellen requested that someone other than a city employee come in to audit the meter readings . A motion was made by Councilman Simmons to authorize the City to do a complete investigation of Southfork Mobile Home Park on water loss, on all city codes and cablevision and to see if Southfork Mobile Home Park is being treated as the other mobile home parks are. Seconded by Mayor Pro Tem Davis. It was also suggested that the new City Attorney, the City Engineer and a representative from Southfork Mobile Home Park do the investigation. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - in favor , Councilman Martin - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . FIVE MOBILE HOME PARKS DELINQUENT AD-VALOREM TAXES AND AMOUNT OF REVENUE THAT IS BEING LOST TO THE CITY : There are five Mobile Home Parks in the City of Wylie with delinquent taxes as follows: Turner M. H. Pk. 1 lien $ 17 . 93 Lake Ray Hubbard M. H. Pk. 5 liens $ 425.47 Glenn Knoll M. H. Pk. 45 liens $ 4 ,999 . 56 Wylie Butane M. H. Pk. 29 liens $ 1 ,326 .70 Southfork M. H. Pk. 288 liens $24,997 .25 This is a total of $31,766 . 91 in delinquent taxes from Mobile Home Parks. Mr . Gary Estes of 518 Miss Ellie Cr . spoke about the delinquent taxes , when he purchased his mobile home he found that there were back taxes due . I had to pay these taxes and the City worked with me. I would suggest to Council that you foreclose or seize these properties, but please do not de-annex this mobile home park. Mr . David Blankenship of 216 Sue Ellen feels that he can help the city collect these delinquent taxes . UPDATE AND PROGRESS REPORT ON LANDFILL CLOSURE ACTION AND RESPONSE FROM TEXAS DEPARTMENT OF HEALTH ON CITY 'S PRELIMINARY PROPOSAL AND REPORT FROM JONES AND NEUSE: The State has agreed to Option 2 and 3 , however, the State rejected construction of the road over the existing landfill . In the next 30 days the City will have enough monitoring data from the landfill monitoring wells to present a closure plan to the State. It is yet to be determined whether Option 2 or Option 3 will be a part of that closure plan. Principal factor of importance is the one that is the most cost effective. The Engineer ' s report will be submitted on June 7 , 1991 on test data from monitoring wells. Mr . David Buchanan of Jones & Neuse, Inc. reported that the State received a report that ground-water in the original well system was measured and sampled , results were reported to TDH , monitoring wells Nos . 7 , 8 , 10 and 11 and piezometers P-1 and P-2 were plugged . Also reported that Piezometer P-3 and P-4 and the three new monitoring wells were installed . One deep boring was completed to investigate the Austin Chalk and was grouted to the surface, also water levels were measured in all wells, new wells were sampled and the bailer test was performed in one well and boring logs for all wells completed during phase I were drafted and submitted to TDH. The Phase II investigation report will be submitted to TDH by June 7 , 1991 and they will probably take one month to evaluate the report and data. After this TDH will require submission of a detailed closure plan . Mr . Buchanan stated Jones and Neuse anticipates TDH will supply final specifications for the landfill closure by July 31 , 1991 . PAYMENT OF CLAIM TO JONES & NEUSE FOR INVOICE NO. 03-028901- 027 , APRIL 1991 SERVICES ON THE LANDFILL CLOSURE: This invoice is in the amount of $3 ,645. 10 for work on the landfill closure. All new monitoring wells are in place and samples have been taken and tests results are currently being analyzed by the consultants . A motion was made by Councilman Martin to approve payment of invoice no. 03- 028901-027 in the amount of $3 , 645 .10 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 Messenger - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . FINAL APPROVAL OF REVISED PLAN FOR BROOKSHIRE ' S INC. TO GAIN ACCESS TO STATE HIGHWAY 78 : After eight months of negotiation the hospital and Brookshire' s cannot agree on joint usage of the hospital driveway. Brookshire' s has submitted a revised plan which calls for their own individual drive next to but separate from the hospital drive, and the State Highway Department has issued Brookshire' s a new permit to proceed. There will be ten ingress/egress points on Highway 78 within approximately 300 yards . Staff has recommended to Brookshire ' s to conduct a traffic study at their expense and present the data to the State highway Department to prove a traffic signal is necessary and required at this location for safety and to move traffic . Brookshire' s has agreed to comply with this at their expense. A motion was made by Councilman Simmons to accept Brookshire' s letter agreeing to a traffic study for signalization at their expense. 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 Messenger - in favor, and Councilman Simmons - in favor. This motion carried with all in favor . PROPOSED CHANGE ORDER NO. 2 , NEWPORT HARBOR F.M./LIFT STATION IN ORDER TO PROVIDE ELECTRIC POWER TO LIFT STATION: The purpose of this change order is to bring 3 phase underground electrical power to the lift station for the pump motors . The proposed change order amount by the existing contractor is $9, 145. TU is agreeable to bring at their own cost, 3 phase power on existing wood poles from FM 1378 1910 feet to a drop point on the alley north of Anchor Drive. The City per its franchise agreement, would have to provide the 700 foot connection between the lift station and the last existing TU wood pole. The contractor has completed laying the force main/gravity pipe and the lift station equipment is in place. All the work remaining is to bring power to the station, activate the electrical equipment and perform the final inspection. A motion was made by Councilman Simmons to approve Change Order #2 in the amount of $9,145 . for electric power to lift station and to enforce pro-rata to owner . 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 Messenger - - against , and Councilman Simmons - in favor. This motion carried with five in favor and one against. REPLACEMENT OF SPEED BUMPS IN ALLEY LOCATED AT BALLARD AND STONEYBROOK , NORTH SIDE: The City of Wylie Street Superintendent distributed 55 survey forms in the area of this alley. The survey forms have been returned and 49 residents want the speed bumps put back in and only one wants them to stay out . Upon Council directions, staff will put the speed bumps back in with the following caution: 1 . the City should be very careful of placing objects in public streets and alleys that cause or could cause damage to vehicles 2 . the City Council authorizes speed bumps in one alley that could set a precedent, it leaves wide open to have to place them in every alley in the City. Mr John Pierrel of 604 Stoneybrook addressed the Council on these speed bumps. Mr . Pierrel was against the speed bumps being installed again . A motion was made by Councilman Messenger to replace the speed bumps in the alley located at Ballard and Stoneybrook. Seconded by Councilman Swartz . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - against, Councilman Swartz - in favor , Councilman Martin - against , Councilman Messenger - in favor , and Councilman Simmons - in favor . PROGRESS REPORT AND UPDATE ON FY91 COMPREHENSIVE STREET IMPROVEMENT PROGRAM: When the entire area in and around Brown Street and Jackson Street are completed the City will have expended approximately $481 ,000 cash expenditures to improve City streets and alleys . There has been a great effort on upgrading the City streets in this years budget. This $481 ,000 represents approximately 14. 7 miles of City streets and alleys that either have been recycled and asphalted or seal coated . MAJOR DRAINAGE PROBLEMS THROUGHOUT THE CITY THAT WERE IDENTIFIED IN AUGUST, 1990 AND PROGRESS REPORT ON PROBLEMS ALREADY CORRECTED: There are 17 major drainage problems that have been identified which are as follows : 1 . Rustic Oaks Subdivision - Drainage channel needs cleared out - city is obtaining easements necessary to do this work and should get started in July, 1991 2 . Kreymer & Brown Street - 54" underground pipe is separating under the road - this problem was corrected when Kreymer Lane was reconstructed 3 . Stonegrove Subdivision - continuous flooding on W. A. Allen - water has been in three houses - staff is working with several parties on this problem 4 . First Street - pipe separation and inlets are too small for the amount of water in the area - this problem has been corrected - cost was $4 ,600 5 . Stone Road at Rush Creek Lift Station - need larger box culvert , water always goes over the road and must be blocked off from a few houses - staff is working with Collin County on this 6 . 301 S. 3rd St. (alley) - alley needs to be reconstructed to correct all drainage 7. Graham Court - water from other areas concentrate in back of one house and has washed down the fence before 8 . Akin Lane (next to Cemetery) - need to divert the water to the other side of the road and go underground down fence line - this problem was corrected with the reconstruction of Akin Lane 9. Memorial Drive - needs larger pipe or new box culvert under the road 10. Need to take inventory of all culvert pipe and driveway approaches - some need replaced and some need cleaned 11 . Skyview Rd . - very bad erosion on curve at East Fork Park 12 . Intersection of State Hwy. 78 and Ballard - southeast corner - this problem has been corrected - joint project with State and City 13. Brown and Eubanks - has been completed 14 . W. A. Allen Area off school property - working with Mr . Whitt and Mr . Tibbals 15. Lake Ray Hubbard Mobile Home Park - the owners are correcting this 16. Birmingham/Jackson - State Highway and Railroad project and it has been completed 17 . 110 Douglas - drainage problem in alley - this has been reviewed by the City Engineer and and there are several ways to correcting this problem - estimated cost is from $2,568 .25 up to $8 , 199 . 00 depending on which way the Council chooses Mr . Joseph Masters of 110 Douglas addressed the Council on this problem. Council gave staff a directive to use the third solution - cost of pipe is $368 .25 plus labor and equipment and to cut estimated 3" V ditch approximately 300 ' total cost of the project will be approximately $2 ,568 .25 and to do the work when possible. ACCEPTANCE OF FORMAL PROPOSAL FROM DELOITTE AND TOUCHE ON COMPREHENSIVE AUDIT OF CITY OF WYLIE FINANCE DEPARTMENT OPERATIONS: The firm of Deloitte and Touche has completed their examination of the weakness and improvements that are needed and necessary in the Finance Department . Their report shows it is necessary for improvement in four fundamental areas : Internal Accounting Controls Utility Billing System Municipal Bond Compliance Accounting Policies and Procedures Deloitte and Touche proposes that the work will take approximately 10 weeks and will have a fee as follows: Internal Accounting Controls $16, 000 - $21,000 Utility Billing System $18 ,000 - $30,000 Municipal Bond Compliance $ 5 ,000 - $ 7 ,500 Accounting Policies and Procedures Documentation $22,000 - $32,000 This is a estimated total of $61 ,000 to $91 ,500 cost to the city. A motion was made by Councilman Martin to table this item at this time. 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 Messenger - against and Councilman Simmons - in favor . This motion carried with five in favor to table and one against. APPROVAL OF CITY MANAGER ATTENDING THE TEXAS CITY MANAGER'S ASSOCIATION ANNUAL MEETING: The Texas City Managers Association will hold it' s annual conference on June 14 - June 18 in Corpus Christi . City Manager Bill Dashner stated he would leave on Saturday, June 15 and return to the office on Wednesday, June 19 , 1991 . A motion was made by Councilman Simmons to approve the City Manager attending the Texas City Manager ' s Association Annual meeting. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis - in favor , Councilman Swartz - against, Councilman Martin - in favor , Councilman Messenger - against, and Councilman Simmons - in favor . This motion carried with four in favor and two against. CITIZEN PARTICIPATION : Mayor Akin invited the citizens wishing to address the Council to come forward at this time and to state their name and address for the record and to keep their comments within five minutes. Any discussion will be limited to placing the item on a future agenda for further consideration. Mr . Joseph Masters - 110 Douglas addressed the Council on the standing water in front of 108 and 110 Douglas Dr. Mr . Steve Wright - 406 Stone St . - addressed the Council on the Finance Report - Audit and Appeal to a law suit . Mr . Gary Estes - 518 Miss Ellie Cr . - addressed the Council about high weeds along FM 544 Mr . John Tobin - 1109 Hughes Ct. - addressed the Council to work together and pull together for the best interest of the City. There being no other items for discussion, a motion was made at 11 :30 P.M. to adjourn with all in favor. John W. AKin, Mayor ATTEST: Caro3yn Jones, City Secretary MEMORANDUM DATE: May 10 , 1991 TO: City Council .14 I FROM: Bill Dashner , City Manage RE: Discuss and Consider Appo nting New Members to the Boards and Commissions to Replace Those Whose Appointments are Expiring Attached is a list of the Boards and Commissions and members names whose term are expiring within the next month or so . You will need to reappoint or select new members for these positions . PLANNING & ZONING Bart Peddicord July 1991 (Also on Wylie Development Board) Cecilia Wood July 1991 Richard Eckman July 1991 Bobby J Jennings July 1991 PARKS AND RECREATION Bryan T Glenn July 1991 Peggy Sewell July 1991 Willie Calverley July 1991 ZONE BOARD OF ADJUSTMENTS Sue Ellen Neal July 1991 Gerald Clark July 1991 Michael Cole July 1991 Fred B Bennett July 1991 LIBRARY BOARD Cathie Upshaw July 1991 Jan Morgan July 1991 Barbara Jennings July 1991 WYLIE DEVELOPMENT CORPORATION Raymond Cooper August 1991 CITY COUNCIL REPRESENTATIVE FOR NTCOG Steve Wright May 1991 A57 TO: BILL DASHNER, CITY MANAGER FROM: CAROLYN JONES , CITY SECRETARY DATE: JUNE 4 , 1991 SUBJECT: BOARDS AND COMMISSIONS TERMS EXPIRING IN JULY There are three activity boards with terms expiring in July, 19 91 . Planning and Zoning - 4 Members whose terms expire in July , 1991 Parks & Recreation - 3 Members whose terms expire in July, 1991 Library Board - 3 Members whose terms expire in July, 1991 There are two boards, Zoning Board of Adjustments and Construction Trade Board that have not held a meeting during the past year , but do have members whose term expires in July, 1991 . The Council may or may not re-appoint these members, or may choose to appoint new persons to the boards. This should be done prior to July 1 , 1991 . In the past I have run an ad in the paper to see if anyone was interested in serving on these boards. If this needs to be done, please let me know so that the ad can run next week. ********** ********************************************************************************************************************* BOARD & TITLE NAME SPOUSE ADDRESS P.O. BOX HM. PHONE WK. PHONE DATE APPT. TERM EXP. ******************************************************************************************************************************** CITY COUNCIL MAYOR JOHN W. AKIN PAULINE 303 N. KEEFER 903 442-5091 MAY 90 MAY 92 COUNCIL PL. #1 JIM SWARTZ LOIS 506 W. JEFFERSON 442-5583 278-8546 MAY 91 MAY 93 COUNCIL PL. #2 WILLIAM MARTIN ANN 402 HILLTOP 175 442-5328 368-5865 MAY 90 MAY 92 COUNCIL PL. #3 JAY D. DAVIS SANDRA 102 W. BROWN 442-3278 442-1904 MAY 91 MAY 93 COUNCIL PL. #4 DON HUGHES GENENE 408 HILLTOP 1329 442-1166 442-3131 MAY 90 MAY 92 COUNCIL PL. #5 ORTIE MESSENGER IRENE 504 RUSTIC PL. 442-2172 414-8228 MAY 91 MAY 93 COUNCIL PL. #6 PERCY SIMMONS GRACIE 200 RUSH CREEK 442-3629 442-3595 MAY 90 MAY 92 PLANNING & ZONING CHAIRMAN BART PEDDICORD BETTY 104 DOUGLAS DR. 442-3723 JULY 87 JULY 91 VICE CHAIRMAN CECILIA WOOD 515 WOODHOLLOW DR. 638 442-5144 JULY 87 JULY 91 MEMBER GEORGE FOURNIER 53 GARY WAY 442-4320 442-6779 SEPT. 90 JULY 92 MEMBER CLEO ADAMS JOANNE 403 DUNCANWAY 442-2589 JULY 90 JULY 92 MEMBER RICHARD ECKMAN 427 GASTON DR. NORTH 442-3276 OCT. 89 JULY 91 MEMBER BOBBY J. JENNINGS BARBARA 501 GASTON DR. NORTH 442-0102 JUNE 89 JULY 91 MEMBER ROBERT FLINT PATTI 408 GASTON DR. EAST 442-7030 JULY 90 JULY 92 PARKS & RECREATION ZI4' CHAIRMAN BRYAN T . GLENN 1205 SHEPPARD 442-3760 480-2752 JULY 89 JULY 91 _ VICE CHAIRMAN B. J. UPSHAW 101 N . FIRST 442-6220 NOV. 89 JULY 92 NMEMBER PEGGY SEWELL 511 WOODHOLLOW 442-2450 SEPT. 90 JULY 91 MEMBER WILLIE CALVERLEY 300 S. SECOND 442-6320 SEPT. 90 JULY 91 MEMBER JOHN BURNS 505 STONEYBROOK 442-1943 942-2340 MAY 90 JULY 92 MEMBER SCOTT BROWN 308 MEMORIAL 442-9223 SEPT. 90 JULY 92 MEMBER CHARLES STETLER 1110 HUGHES CT. 442-2515 MAY 90 JULY 92 ZONE BOARD OF ADJ. MEMBER MARILYN HERRERA 503 DOGWOOD 442-1688 JULY 90 JULY 92 MEMBER ROBIN MESSER 1305 SHEPPARD LN. 442-5181 JULY 90 JULY 92 MEMBER SUE ELLEN NEAL DAVID 509 GRAHAM LN. 442-7587 AUG. 88 JULY 91 MEMBER GERALD CLARK JOAN 505 QUAIL CREEK 442-6072 234-7457 JULY 88 JULY 91 MEMBER WHITMAN WARD 1401 SHEPPARD LN . 442-7157 JULY 90 JULY 92 ALTERNATE MICHAEL COLE 114 PULLMAN PL. 442-3355 JULY 90 JULY 91 ALTERNATE FRED B. BENNETT 203 LIBERTY DR. 442-3276 JULY 89 JULY 91 *****v***************************************************t****,****************************************************************** BOARD & TITLE NAME SPOUSE ADDRESS P.O. BOX HM. PHONE WK. PHONE DATE APPT. TERM EXP. ******************************************************************************************************************************** CONSTRUCTION CODE CHAIRMAN KEVIN ST. JOHN PAM 304 BRIARWOOD 442-1041 442-3544 JULY 88 JULY 92 MEMBER JOHN SEELEY 1507 SCHOONER BAY 442-3898 680-0602 JULY 88 JULY 92 MEMBER FRANK SPINGOLA MARY LOU 508 RUSTIC PL. 442-6909 JULY 88 JULY 92 MEMBER BRIAN CHANEY 306 BRIARWOOD 442-6458 SEPT. 90 JULY 92 MEMBER MIKE HAWKINS 404 HILLTOP 442-4099 SEPT. 90 JULY 91 MEMBER JULY 91 MEMBER MARK STAFFORD 418 ELLOIT ST. 442-7206 JULY 87 JULY 91 MEMBER KEVIN ALTIMIER 510 RUSTIC PLACE 442-7397 JULY 88 JULY 91 LIBRARY BOARD CHAIRMAN MARY JO SMITH 406 BRIARWOOD 442-2413 APRIL 83 JULY 92 MEMBER SHIRLEY BURNETT 327 S. FOURTH 442-5767 JULY 90 JULY 92 MEMBER BETTY STEPHENS DAVID 1006 FOXWOOD LANE 442-1874 442-5444 JULY 88 JULY 92 MEMBER CATHIE UPSHAW 101 N . FIRST 442-6220 NOV. 88 JULY 91 MEMBER RETHA TIBBALS HARRY 407 HILLTOP 442-5795 JULY 90 JULY 92 MEMBER JAN MORGAN 306 DOGWOOD CT. 442-2794 JULY 89 JULY 91 MEMBER BARBARA JENNINGS BOBBY 501 GASTON DR. NORTH 442-0102 JULY 89 JULY 91 W CITY STAFF CITY MANAGER BILL DASHNER 401 FLEMING #907 442-7579 442-2236 JULY 90 CITY SECRETARY CAROLYN JONES 1504 ANCHOR DR. 825 442-3776 442-2236 MAY 81 PUB. WKS. & ENG. PAUL BEAVERS 2111 CORNELL , RICHARSON 690-8656 442-2236 JUNE 90 PUB . WORKS. DIR. BILL FLOWERS 302 WOODHOLLOW CT. 442-4400 442-7588 SEPT. 90 FINANCE DIR. CURTIS WARNER CODE ENF. OFF . RICK HERTZBERGER LIBRARY DIR. PHYLLIS FLOYD CHIEF OF POLICE MEMORANDUM DATE: June 5, 1991 TO: City Council 14 FROM: Bill Dashner, City Manage L. RE: Discuss and Consider the ppointment of a Municipal Judge In December of 1990 the City Council appointed Pam Eudaric as Municipal Court Judge. The Council also appointed John Weninger as alternate judge. Pam Eudaric has not appeared for Municipal Court for the last several months, the alternate judge has been filling in . Written contact was made with the Judge (Pam Eudaric) in May and no response has been received by the Municipal Court Administrator . Therefore, it is my recommendation that the City Council remove Pam Eudaric as Municiapl Judge for reasons stipulated and appoint John Weninger as Municipal Judge. A recommendation will be forthcoming as soon as some names surface on an appointment of an alternate judge. MEMORANDUM DATE: June 5, 1991 TO: City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider Adoption of a Resolution in Compliance With EPA Standards on Industrial Pretreatment Program According to EPA regulations the City of Wylie must adopt a formal resolution on the City' s Industrial Pretreatment Program. In January the City went under contract with North Texas Municipal Water District to monitor and run necessary tests on the City' s Industrial Pretreatment Program. The City now has eight (8) industries on this particular program which has to be monitored and tested as required by EPA regulations . Since the North Texas Municipal Water District is doing this by contract a resolution is required . You will recall that the City was using a private consulting firm which helped put this program in place . The City is trying to recover administrative cost through recoverable user fees . I have attached a copy of that resolution for adoption . RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE , WYLIE, TEXAS ENDORSING AN INDUSTRIAL PRETREATMENT PROGRAM IN CONFORMANCE WITH NATIONAL INDUSTRIAL PRETREATMENT REGULATIONS FOR THE WYLIE WASTEWATER SYSTEM. WHEREAS, the City of Wylie desires that no industry discharge wastes into the city' s collection system that can damage the system, upset the wastewater treatment plant , or pass through the plant to harm the environment ; WHEREAS, in pursuit thereof , industries that could contribute such harmful wastes must be monitored and regulated in a fair and equitable manner; WHEREAS, the Congress of the United States has enacted legislation and the United States Environmental Protection Agency has promulgated regulations and issued a permit that requires an Industrial Pretreatment Program for the City of Wylie with certain uniform standards; WHEREAS, pursuant thereto, the City of Wylie and the North Texas Municipal Water District have entered into a Multijurisdictional Pretreatment Agreement that delineates the duties and responsibilities of each governing body in carrying out an EPA-approved Industrial Pretreatment Program; Now Therefore, Be It Resolved By The City Council , City of Wylie, Texas that SECTION I , The City Council of the City of Wylie hereby endorses the Industrial Pretreatment Program in cooperation with the North Texas Municipal Water District to protect the Wylie Wastewater System in conformance with applicable local , state and federal laws and regulations . SECTION II The City Council of the City of Wylie instructs the City Manager to set aside the needed funding to monitor and regulate industries adequately so as to conform to the requirements of the National Industrial Pretreatment Program. DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THE DAY OF , 1991 . John Akin , Mayor ATTEST: Carolyn Jones, City Secretary 6 MEMORANDUM DATE: June 6 , 1991 TO: City Council FROM: Bill Dashner, City Manager "m....mo RE: Discuss and Consider Funding Shortfall for Infrastructure Needs for the Texas National Guard Armory When this project was formulated several years ago written agreements were not obtained. The commitments that were made but not in writing are as follows : Collin County Commissioners Court $150 ,000 Texas National Guard 50 ,000 Centennial Homes 69 ,405 City of Wylie 10 ,000 $279 ,405 Construction is suppose to start in August , however, in my professional opinion Centennial Homes does not intend to keep this commitment . Therefore, an additional $69 ,405 is needed prior to bidding water , sewer , street and railroad crossing improvements. 1 have attached some of the most recent work that I have done in an earnest effort to follow • through on this project . 4°- e CITY OF WYLIE 2000 HWY, 78 N. - P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 June 6 , 1991 Texas National Guard Armory Board Bill Beaty Bldg . 64-Camp Mabry P. 0. Box 5426 Austin , Texas 78763 Dear Mr . Beaty, After our meeting yesterday June 5 , 1991 on infrastructure needs for the National Guard Armory I faxed the funding package requirements to Mr . Nick Serris of Centennial Homes , Inc. I also followed up with a telephone call today, June 6 , 1991 . In my discussion with Mr . Serris of Centennial he indicated several factors that concern me very much about whether Centennial is going to live up to their agreement to contribute their share which is $69 , 000 . He stipulated that this would all have to be cleared with his boss and that he was concerned about who would be the custodian of the funds . He also mentioned that Centennial will probably require the draw down concept or letter of credit concept . Another words Centennial will not transmit the $69 ,000 up front . It would possibly be transmitted on an as need basis . In my opinion this concept cannot be used because all the money has to be up front prior to competitive bidding and awarding of a contract . In my opinion governmental units , whether it be Collin County or the City of Wylie, cannot award a bid based on promises of payment which is the case with Centennial Homes , Inc. In closing , I am very concerned about Centennial Homes , Inc . commitment , therefore, I suggest that you look for other funding sources to replace the $69 ,000 committed by Centennial Homes , Inc . I don ' t believe its the City of Wylie' s responsibility to fund the $69 ,000 . The City of Wylie is already putting up $10 ,000 cash. I am glad that Collin County has tentatively agreed • 8 PAGE 2 of 2 to be the project manager . I believe that the City of Wylie has kept its commitment on this project . It is very unfortunate that firm written agreements were not obtained when this project started several years ago . Sincerely, 41441 Bill ashner City Manager cc: Ruben Delgado , Collin County Paul Beaver , City Engineer • lvt lie CITY OF W YLIlia 2000 HWY. 78 N. - PO BOX 428 WYL.IE. TEXAS 75098 (214) 442-2236 June 5 , 1991 Nick Serris Centennial Homes , Inc . 5720 LBJ Suite 610 Dallas, Texas 75098 Dear Mr . Serris , The Texas National Guard Armory Board , the Collin County Commissioners Court and the Wylie City Council are ready to go out for competitive bids on the water line extension , sewer line extension, Springcreek Parkway extension construction and installation of the railroad crossings fur the construction of the new National Guard Armory. Therefore, we are officially requesting that you transmit to the City of Wylie your share of the original agreed upon package for this major development . The cost share is as follows : Collin County Commissioners Court $150 ,000 Texas National Guard $ 50 ,000 Centennial Homes $ 69 ,405 City of Wylie $ 10 , 000 $279 , 405 We are requesting that the funds be transmitted as soon as possible since we will not be permitted to go out for competitive bids until all the money is in hand. Texas National Guard , Collin County and the City have already transmitted their share of this packaged project . Thank you very much for your cooperation in this very important matter . Sincerely, 1/4444f --E.2.1:._ E„ i 1 B at 11 Dashner B (77-; eAkff. .401 / - • 1B 1 e y ?ben Delga• s City Manager Texas National Guard Collin County (27 ° /; p}• t I r • • : , / . 1 •• j' i •:.;11141ki S ....- ... 1 14. • • • • r' 41 . \'\k , k ve • • 104.. . :;" 1 ` r t4}r1• Y ' .4-4 J..: . . • V' . \\ :' a II ��.. ... • :� ;. ;�• s l ., � �;,:�;.. ; \ t i.r ;11.r. . . I' , , a /V rP.►i; e z ;`� Ice i. , II ' 'd i.• -ET '— I .,r,,,,r,i 1:01.H.,% •• ; ., 4: ,' i (k -Y1 -1P,111,i , J � r '�l "ui .ilrNriI .4.iIi : cc - • � /. . Q \ .\,,, r 'i 1 i �•'j�} i I ' 1 111 +j. r • .. \ 1 n , I ;), 1 o '1. 11 1 '. 1 ' i' , voi Of:64tipsjtijA,1 ' 1 ' ' :lir ! 1, I I 1 '. , ... 1.1:t." \ $ . ' 1.1r• , „ , , , ! ()kil --, ,,, t. , 'll i'•":•,I/ ‘1114Pi , . , il ,1 `lr�L Z • IitielAttk.I I , , . j4b, ,.j'.� \ vs itoA ,. /e, 1 Q y • • \ .1.41T N : • sst, \ i.,,)e, • . S .\ i it _ a , , / \ ,Y • • to .,,V,.. •• UJ ,, '1,;?..'1:fi. p lit it MEMORANDUM DATE: June 3 , 1991 TO: City Council FROM: Bill Dashner, City Manager RE: Discuss and Consider Special Investigation Report On Southfork Mobile Home Park as it Relates to All City Codes and Mobile Home Ordinance (Provided Under Separate Cover) Attached to this transmittal is the special report from the City Code Enforcement Officer as it relates to Southfork Mobile Home Park. The Code Enforcement Officer has outlined in this report violations of code and or the Mobile Home Ordinance . Also , attached is a report from the Director of Finance on verification of the master meter reading for March unaccounted for water . as MEMORANDUM TO : Bill Dashner, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering fa DATE: June 4, 1991 SUBJECT: Southfork Mobile Home Park inspection Report June 3, 1991 2:00-3 :30 p. m. The violation items listed below are the results of my inspection of 35 lots at the Southfork Mobile Home Park. Trailer No. #393 - Occupied No underpinning Water - Check valve but no back flow preventer. No pipe weather protection. Cable TV - Line not buried Sewer riser not adequate height (4"-6" required) #394 - Occupied Outside Antenna (Not supposed to have) #234 - Occupied Water - No back flow prevention Sewer riser not adequate height (4"-6" ) #257 - Occupied No underpinning #314 - Occupied Access Building too close to Mobile Home ( 15' min. ) 0?3 #274 - No Trailer Water line not capped #561 - No Trailer No Water line cap #563 - Occupied Abutting store room #564 - Occupied Abutting store room #535 - Occupied Abutting store room #534 - Occupied Abutting store room Setback violation ( 15' ) with #523 #527 - Occupied Satellite Dish not in code #650 - Occupied Abutment of building Sitting on top of gas line $431 - Occupied Abutment of building #609 - Occupied #608 - Occupied Front Setbacks #607 - Occupied Setbacks 10' #603 - Occupied Note : Front yard setbacks throughout are numerous violations Lots undersized. Estimated 50% of all buildings have setback violations. (Check plan and Mobile Home Subdivision Ordinance for variances ) #2 - Occupied Front porch screened (possible permit violation) #118 - Occupied Possible numerous porch additions #98 - No Trailer Gas line not capped Water line not capped #116 - No Trailer Gas line not capped #66 - No Trailer Gas line not capped #57 - No Trailer Water line not capped #56 - No Trailer Water line not capped #327 - Occupied Two accessory buildings too close #326 - Occupied In process construction of accessory building (No permit) S a #371 - Occupied No underpinning #369 - No Trailer Gas line not capped Water line not capped #505 - No Trailer Junk and debris Gas line not capped #508 - No Trailer Gas line not capped #503 - Occupied No underpinning Junk and debris #406 - No Trailer Gas line not capped #722 - Occupied Junk and debris After surveying 50% of the Park, approximately 100 TV Antenna violations. Please note that a comprehensive inspection of the approximate 700 lots would take 2-3 weeks, but can be accomplished upon your direction. MOBILE HOME PARK INSPECTIONS - CODE ENFORCEMENT DEPARTMENT SOUTHFORK MOBILE HOME PARK A. Current violations per MHP ordinance 85-5 (1) Section 14 . 09 - Transfer of Licensee - Code Enforcement has not received a 30 day notice of transfer of license for recent transfer of interest in or control of park. (Refer to May 26 conversation with Reggie, who informed me that Holgian has sold his interest in SFMHP) The MHP license can be transferred only if the park is in compliance with the adopted MHP ordinance. (2) Current inspection procedure is as follows : a. Plumbing - permit and inspection when gas meter is removed , allows the inspection of gas line from meter to the mobile home connection (15 psi minimum) . Notes of Interest : Some gas hookups have been found with a low pressure appliance connector in use from gas outlet to mobile home (2-4 ' maximum) . This is commonly a plumbing error on rehook-up, and red tagged immediately. b. Electric - permit and inspection when meter is removed, allows the inspection of grounding system at mobile home meter riser , as well as inspection for proper ground clearance and disconnect covers . c. Water - no periodic inspection , since all water lines were inspected on initial installation. See semi-annual inspection sheet for detail of other inspections . d . Sewer - no periodic inspection , since all sewer lines were inspected on initial installation . See semi-annual inspection sheet for detail of other inspections . B. Possible violations in existence - to be determined after inspection . (1) Improper back flow assembly on reservoir intake pipe, and on individual mobile homes , which is a common problem with mobile homes that are frequently moved , due to improper installations . (2) An electric contractor has brought to my attention that there may exist , in some mobile homes , an improper overcurrent protection situation from the service pole to the mobile home connection . This problem has evolved from the frequent change of mobile home placement , per lot , from a 100 amp home to a 200 amp total electric system. I will have an outside electric company respond to this , since this could be very dangerous , and will need immediate expert attention . (3) The City of Wylie MHP ordinance does not clearly define the setbacks on accessory buildings , so the zoning ordinance must take precedent . This means all accessory buildings must be in the rear yard (very hard to determine on mobile homes) , 6 ' from side lot line, 10 ' from rear lot line, and 15 ' from the mobile home. This situation will result in numerous violations , so I suggest an amendment to the MHP ordinance to better adapt to the mobile home arrangements . This accessory building ordinance is also under review for other related zoning districts . (4) Gas/Electric service - during the course of our departments regular electric and gas inspections , we have red-tagged several illegal connections that were previously approved (1986-1989 ) or possibly changed after inspection . These will be called out during the regular semi-annual inspection , and on a continual basis , per new installations or change of service. (5) Antennas - one central antenna is allowed , yet numerous mobile homes have outside antennas . C. Comments on past inspection history of SFMH Park: (1) From 02/13/86 to 07/29/87 , gas and electric inspection permits were issued for 639 lots . I am assuming that Roy Faires subsequently inspected the installation of "lot perimeter" , water , sewer , gas and electric installations , but his record keeping did not show actual mobile home inspections for setbaks and anchoring. I am again assuming that Roy trusted the SFMH Park installers to follow the City of Wylie Mobile Home Park ordinance per setbacks and anchoring since his department was very busy during that time period . Even so, the mobile home park was still responsible for proper mobile home placement as well as complying with other provisions of the mobile home park ordinance. (2) Ordinance 85-5 requires a park inspection every 6 months and I have found only one inspection dated 8 December of 1986 . Several violations were recorded, but I assume no action was taken due to workload at that time. My opinion is that if the prior code enforcement department (1985-1989) had been able to actively conduct a semi-annual inspection of the Park, with violation enforcement , then 70% - 90% of the current violations would not be currently in existence. Of course, this still does release SFMH Park from full compliance with our Mobile Home Park and Zoning ordinance. Also, I find no record of the "required" quarterly register inspection by the code officer, for tax reporting purposes . (3) Ordinance 86-39 amends section 7 . 01 paragraph L. relating to age of mobile homes (4 years) . The change is to a requirement for a H .U.D. approved label . State law prohibits Municipalities from enacting ordinances concerning mobile homes that would be more stringent than H.U.D. requirements. Roy Faires did try to enforce the four (4) year requirement in 1986 , but was court ordered to remove or change this paragraph. D. Future Mobile Home Park Inspections by Code Enforcement will inspect for the following : UPC= Uniform Plumbing Code 1988 (1) Water Connections - backflow preventers, 3/4" lines , proper freeze protection , proper riser heights and vacant lot water line capping . (UPC) (2 ) Sewer Connections - 4" sewer riser at least 4" high with adaptable 3" connection to mobile home. (UPC) (3) Gas Connections - already periodic inspection , but will check for proper riser height and connection arm. (UPC) (4) Electric Connections - already periodic inspection , but will check for proper grounding and meter placement . (National Electric Code - 1987) (5) Setbacks - front=20 ' , back=10 ' , 20 ' minimum separation between homes , 20 ' wide parking and 5 ' side setbacks (6) Accessory buildings - to be individually determined due to inaccurate description in MHP and Zoning Ordinance . (7) Proper fencing on lot perimeter as well as Park perimeter fence condition . (8) HUD labels - proper identification and dates . (9) Ground Cover - lot landscaping and drainage as well as junk and debris (10) Illegal antenna placement (11 ) Insect and Rodent control (12) Street condition - 27 ' wide minimum - no on street parking unless a 16 'W X 10 ' L parallel space is provided outside of 27 ' width In conclusion , the parks recreation and business facilities will be inspected per City of Wylie adopted Uniform Codes . This semi-annual inspection will average a "minimum" of 15 minutes per mobile home with a maximum of 25 inspections a day,due to workload from other areas of code enforcement . Depending on the number of available and qualified inspectors , my prediction is at least 30 working days for SFMH park inspections , Jo N �yliie CITY OF WYLIE 2000 HWY. 78 N. - P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor MEMORANDUM TO: Bill Dashner, City Manager Don Hughes FROM: Curtis Warner, Finance Director Mayor Pro-Tern RE: Southfork Water Consumption Report DATE: 06/04/91 William Martin By your request, we have completed the internal audit for City Council the Southfork Water Consumption Report. The results are as follows: MARCH'S CONSUMPTION Pat Stemple City Council Master Meter Reading 4 ,046, 100 Billed Amount 1,967,234 Difference 2,078,866 The daily average loss for March equaled to 82,573 and when Steve Wright converted into dollar amounts is $ 214 .43 for water and City Council $128.28 for sewage. That gives a grand total of $ 342.71 loss per day at the Southfork MHP. Although the amounts will vary from month to month due to people moving in and out, most of the loss is caused by Percy Simmons people moving out and not paying their final billing. City Council If you need any additional information concerning this water usage, we will be happy to furnish you with what you might need. Chuck Wible Thank II-�' City Council Curtis Warner, Finance Director Bill Dashner City Manager • MEMORANDUM DATE: June 4 , 1991 TO: City Council 4P) FROM: Bill Dashner, City Manage , RE: Discuss and Consider Pay Request #5 from E. L. Dalton For Newport Harbor Sanitary Sewer Project Attached is the E. L. Dalton Pay Request #5 in the amount of $28, 840 .59 for work accomplished on the Newport Harbor project . With this payment a total amount of $304 ,710 .62 of work has been accomplished to date on the $319 ,731 . 53 revised contract which represents 95% completion for dollar amount , while approximately 82% of the contract time has been used . The Consulting Engineer , the City Inspector and the City Engineer have reviewed the pay request . Payment is recommended . The City is holding 5% retainage plus maintenance and performance bonds . l.c,11 if t'-I SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361.7900 Ross 1.KACOH,P.E. I.C.FINKIEA,P.E. June 4, 1991 - JAMES E.LAUGHLIN,P.E. RONALD V.CONWIY,Pt. IOHN W.eIRKHOFF,P.E. MATT ARMSTRONG,P.E. JOE R.CARTER,RE. GARY C.HENDRKKS,RE, C.1,SHIMEK,P.E. Mr. Paul Beaver, P.E. Director of Planning/Engineering City of Wylie Post Office Box 428 Wylie, Texas 75098 Re: Newport Harbor Estates Sanitary Sewer Improvements Dear Mr. Beaver; We are enclosing three (3) copies of Estimate No. 5 in the amount of 828,840.59 for work performed by E. L. Dalton & Company, Inc. , on the Newport Harbor Estates Sanitary Sewer Improvements project from April 30, 1991 through May 31, 1991. This project is approximately 95t complete, while approximately 82• of the contract time has been used. If you concur with this estimate, please have it executed for the City of Wylie and forward one copy along with the payment due to E. L. Dalton & Company, Inc. Sincerely yours, Joe R. Carter, P.E. Enclosures cc; E. L. Dalton & Company, Inc. K• ;/1. s� 3,3 . CONSTRUCTION ESTIMATE 04 iiitsITio _ . OWNER: City of Wylie, Texas ESTIMATE N / PROJECT: Newport Harbor Estates CONTRACT DATE: No ember 27, Sanitary Sewer Improvements ORIGINAL CONTRACT AMOUNT: 294,190.00 REVISED FROM: April 30, 1991 TO: May 31, 1991 CONTRACT AMOUNT: $ 319,731.53 CONTRACTOR: E. L. Dalton & Company, Inc. CONSTRUCTION TIME: Calendar Days -ADDRESS: 2351 West N.W. Highway, Suite 3320 Dallas, Texas 75220 ALLOTTED: 157 USED: 129 *e***********************************************e******************************************** Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount ********************************************************************************************** BASE $ID 1 8" Sani. Sewer (Gravity Pipe) w/Type II Embedment L.F. 1,505 1,505 18.50 27,842.50 2 8" Sani, Sewer (Pressure Pipe) w/Type I Embedment, L.F. 2,318 2,318 22,75 52,734.50 3 8" Sani. Sewer by other than Open Cut, w/Pressure Grout L.F. 318 318 55.00 17,490.00 4 4.0' Dia. Standard S.S. Manhole Ea. 5 5 1,690.00 8,450.00 5 4.0' Die Type "S" Sani Sewer MN Ea. 4 4 2,200.00 8,800.00 6 Connect to Exist Sani Sewer MN Ea. 2 2 350.00 700.00 7 Remove & Replace Existing Reinforced Concrete Pavement S.Y. 39 39 30.00 1,170.00 8 Saw Cut Exist Reinf. Conc Pvmt L.F, 58 58 3,00 174.00 9. . Cement Stabilized Backfill C.Y. 53 53 40.00 2,120.00 10 2" Combination Sewage Air and . Vacuum Release Valve Ea. 2 2 3,100.00 6,200,00 11 Remove & Replace Rock or Gravel Road or Drive L.F. 45 45 8.00 360.00 12 Extrg Crushed Stone for Embed. C.Y. 20 25.00 13 Trench Safety Systems L.F. 3,823 3,823 0.30 1,146.90 14 DELETED (C,O. #1) 0 0 0.00 0,00 GuNSTKUc'TION RST1MATE V''4 v 4-4,1 OWNER: City of Wylie, Texas ESTIMATE NO: 5 .lOket t 4,./3 PROJECT: Newport Harbor Estates CONTRACT DATE: November 27, 1991 Sanitary Sewer Improvements ORIGINAL CONTRACT AMOUNT. $ 294,190.00 REVISED FROM: April 30, 1991 TO: May 31, 1991 CONTRACT AMOUNT; $ 319,731,53 CONTRACTOR: E. L. Dalton & Company, Inc. CONSTRUCTION TIME: Calendar Days ADDRESS: 2351 West N.W. Highway, Suite 3320 Dallas, Texas 75220 ALLOTTED: 157 USED: 129 *********************************************************************w************************ Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount ********************************************************************************************** CHANGE ORDEp NO, 14 15 Extra Depth 4.0' Dia. Type "S" Sanitary Sewer Manhole V.F, 4 4 78.78 315.12 SUBTOTAL: BASE BID 127,503.02 ALTERNATE "A" 1A 6" Force Main w/Type I Embed. L.F. 6,917 6,917 17.20 118,972.40 2A 6" Force Main, by other than Open Cut, w/Pressure Grout L.F. 40 40 55,00 2,200.00 3A 6" Force Main in 12" Steel Encase Pipe other than Open Cut L.F. 70 70 79,50 5,565.00 4A Newport Harbor Estates Lift Station, for Alternate "A" L.S. 1 95% 46,500.00 44,175.00 5A Trench Safety Systems L.F. 6,917 6,917 0.30 2,075.10 CHANGE ORD R NO. 1A 6A Pig Launcher Assembly L.S. 1 1 4,220,10 4,220,10 7A Crushed Stone Access Road S.Y. 311 9.81 SUBTOTAL: ALTERNATE "A" 177,207.60 CHANGE ORDER NO. a 16 Underground 3 Phase Power Cond. L.S. 1 9,145.00 Prepared and Submitted by: SHIMER, JACOBS & FINKLEA Total Amount $ 304,710.62 Consultin Engineers, Dallas, Texas Less Amount Retained (10%) $ 30,471.06 By / Joe R. Carter, P.E. Total Amount Payable . . . . $ 274,239.56 Date June 4 19_ 91 - Approved for Owner Less Previous Payments $ 245,398.97 By Date , 19 Amount Due This Estimate $ 28,840,59 1 MEMORANDUM DATE: June 4 , 1991 TO: City Council ./ FROM: Bill Dashner , City Manage N�•,,' RE: Discuss and Consider Authorizing on Lease/Purchase Basis Low Bid From Houston Galveston Area COG a Replacement and Upgrade of Police, Fire and 911 Radio Communication System. I don' t believe the City Council has been aware of the condition of the City' s emergency communication system. The current emergency communication system for Police , Fire and 911 is 20 years old and major repair and replacement is needed but replacement parts are no longer available . Recent electrical storms knocked out the system for extended periods of time, another words the City was completely blacked out outside of Wylie . We recently spent $3 ,000 to keep the system in tack, however , the system is really beyond repair . Through the Houston Galveston Area COG through a bid price the City can replace and upgrade the total system. There are seven (7 ) options available . The best option will cost approximately $90 ,000 , however the company representative from Motorola has presented Option Plan B which completely replaces and upgrades the old existing system. The base of the plan involves having the Police and Fire Department on one repeater frequency and switching the Public Works, Code Enforcement and Meter Readers to the current Fire Department system and moving the Fire Department system to the Police, another words the Police and Fire would be removed from the Public Works ban . Proposal B will cost a total of $46 ,087 . I am recommending the five (5) year payment plan which is five (5 ) payments of $10 , 840 . 95 each with the first payment being due upon delivery and installation of the equipment . Motorola will finance this lease/purchase at an interest rate of 8 .5% . Lease-Purchase Options* Annual Payment with Order : Annual Payment in Arrears : 2 payments of $24 , 018. 79 2 payments of $26, 141. 88 3 payments of $16 , 680 . 31 3 payments of $18 ,154 .68 4 payments of $13, 024 . 19 4 payments of $14 , 175. 39 5 payments of $10 , 840 .95 5 payments of $11 .779 .19 The City Council really needs to address this problem since it has reached a critical situation . Of the $49 ,500 drug seizure money there is approximately $8 ,500 left. This would almost make the first year ' s payment. Most of the items approved by the Council on March 12 , 1991 have been purchased for the Police Department . Attachments : Recommendation from Police Chief and Fire Chief Detailed Proposal B WYL1E POLICE DEPARTMENT TO: BILL DASHNER , CITY MANAGER FROM: JUHMNY HOLLEY , ACTING CHIEF OF POLICE , JIM LYNCH , FIRE CHIEF REY REPLACEMENT AND UPGRADE OF POLICE AND FIRE RADIO SYSTEM DATE: 06-03-91 ' ---- : AS YOU ARE AWARE OUR PRESENT RADIO SYSTEM IS VERY UNRELIABLE ' THE SYSTEM IS 18 YEARS OLD AND SOME REPAIR PARTS NEEDED FOR THE SYSTEM ARE NOT AVAILABLE . THE RECENT LIGHTNING STRIKE ON THE SYSTEM CAUSED APPROXIMATELY $3000 .00 IN DAMAGE AND PAR19 OF THE SYSTEM CANNOT BE REPAIRED AT ALL . WE HAVE BEEN MEETING WITH MOT0HULA REPRESENTATIVES HAY HARlY , ACL0UN| EXECUTIVE , GOVERNMENT MARKETS DIVISION , AND BOBBY 7HOMP50M , MONA6E|< OF M0 [UR0LA5 NORTH DALLAS SERVICE CENTER AND HAVE UISCUSSM) | HE OPT10NK 10 REPLACE AND UPGRADE THE RADIO SYSTEM . THE ATTACHED OPTION B PLAN OUTL1NE5 ALL REPLACEMENTS AND UPGRADES WHICH SHOULD BE SA[ISFACTORY FOR } HP NEXT 5 YEAHS UH LONGER . THF PLAN INVOLVES HAVING THE POLICE AND FIKE i/LpAKTMEN |5 UPEHATE ON l HEPEA | FH FHEUUENCY AND SWITCHING THE PUBLIC WORKS , [/.DL FNF0RCEMENT , AND METER READERS TO THE CURRENT FIRE DEPARTMENT FREQUENCY . THE 0EPARlMEN|5 WOULD STILL BE ABLE TO COMMUNICATE WITH EACH OTHER VIA A PATCH SYSTEM lN | HE NEW CONSOLE . ONE ITEM THAT IS NO[ COVERED IN M0TUROLA6 PROPOSAL THAT WE WOULD LIKE TO INCORPORATE IS NLW COMPUTER FURNITURE FOR THE DISPATCH OFFICE SO THE NEW SYSTEM COULD BE SET UP MORE EFFICIENTLY FOR THE DISPATCHERS . THIS FURNITURE WOULD COST APPROXIMATELY $2000 '0() AND GIVE V6 SPACE FOR THE 911 SYSTEM , CLOSED CIRCUIT TELEVISION EQUIPMENT , AND COMPUTERS AND TELEPHONES , ^ ' ~ , ' ^ ` ` ' CITY OF WYLIE, TEXAS MOTOROLA'S PROPOSAL FOR UPGRADING EXISTING RADIO SYSTEMS PROPOSAL B 1. Modify existing Motorola MSR 2000 VHF Base Station for repeater operation to be shared by Police & Fire Depts. using a pair of frequencies subject to approval by the FCC. . .price includes parts, labor, and duplexer $ 4,248.00 2. Replace existing Midland & RCA low band base stations with a Desk- trac Base Station to operate on 37.180 MHz. . .the station will be used by the Public Works Dept $ 2,004,00 3. Provide and Install a Command Series Desk Set at the Public Works Dept. office. . .City will be required to lease the necessary remote control wireline circuit from the telephone company $ 679.00 4, Set levels and make adjustments to existing desk sets in the Finance • . and Code Enforcement offices $ 252.00 5. Replace existing Motorola Motrac Base Station used for Police Inter- agency communications with a MSR 2000 Base Station. . .existing station is approx. 18 years old and some replacement parts are no longer available $ 4,972.00 6. Replace existing dispatch console with a state-of-the-art DISPATCHER Console. .see attached features and description $ 13,806.00 • 39 7. Provide four (4) HT600 VHF Port- able Radios for the Fire Dept. . .2 channels, rapid-rate battery char- gers, 2,712.00 and belt clip 8. Provide thirty (30) MINITOR II Alert Monitor Receivers for the Fire Department. . .will operate on the VHF frequency and will include single call capability, battery charger, 5 year warranty and spare batteries 11,070.00 9. Reprogram and change frequencies In three (3) HT600 and three (3) MT1000 Portables, four (4) Syntor X, five (5) Syntor X9000, and (1) Meratrac Mobiles $ 1,300.00 Note: frequency reprogramming for the existing VHF radios used by the Public Works Dept. will be the responsibility of the City. 10. Remove and re-install existing mobile radios currently being used by the Public Works, Fire, and Code Enforcement Departments (based on removing a total of 18 radios and re-installing 16 radios) $ 2,742.00 Note: replacement of detective antennas, cabling, and/or connectors is not included in the above price. 11. Provide four (4) mobile antennas for Fire Department mobiles $ 206.00 12. Provide and install two (2) MAXTRAC 100 low band mobile radios for Code Enforcement vehicles $ 1,396.00 13, Provide Proper wounding of all radio and console equipment $ 700.00 TOTAL SYSTEM PRICE $ 46,087.00 • gquipmgnt Oouone`_ One (1) Single Deekstand Enclosure with side panels, foot supports, vertical mounting rails, and • writing surface (drop-downs for keyboards not included) $ 1,985.00 One (1) Triple Deskatand Enclosure with side panels, foot supports, vertical mounting rails, and writing surface (drop-downs for keyboards not included) $ 4,932.00 "Deskstand Enclosures are not available in 45 or 90 degrees angle configurations; Installation is not included in the above pricing. .requires special quote. Eauipment Delivery Upon receipt of your purchase order, the approximate shipping schedule of the equipment is as follows: • Duplexer - 4 weeks • Desktrac Base Station • 3 weeks • Desk Set - 2 weeks • Console - 6 weeks • HT600 Portables - 2 weeks " MINITOH II Receivers - 4 weeks • MSR2000 intercity Base Station - 4 weeks • MAXTRAC 100 Mobiles - 2 weeks • Installation installation and optimization of the equipment will be performed by Motorola's North Dallas Service Center under the direction of Bobby Thompson, Manager. To assist the City during the installation of the new console, Motorola will provide the dispatchers with a remote desk set to control the current Police/Public works Base Station and a desk set to control the Fire Department Base Station. Radio communications on other channels from the dispatch center will not be possible during this equipment "cutover" period. AOA\ EQulpment farm Ali equipment (except MINITOR II Receivers) provided will be warranted for a period of _ one (1) year for parts and four (4) months for labor. The warranty period will begin upon installation. Lease-Purchase Options'_ Annual Payment with Order: Annual Payment in Arrears: 2 payments of $24,018.79 2 payments of $26,141 .88 3 payments of $16,680.31 3 payments of $18,154.68 4 payments of $13,024.19 4 payments of $14,175.39 5 payments of $10,840.95 5 payments of $11,779.19 All lease-purchase rates are quoted at a current interest rate of 8.5% APR and this rate Is subject to change. Proposal submitted by: Motorola, Inc. Ray Harty, Account Executive Government Markets Division May 28, 1991 Proposal accepted by: Title: Date: Payment Terms Selected: #Yz CITY OF WYLIE BUDGETARY PROPOSALS FOR UPGRADING EXISTING RADIO COMMUNICATIONS SYSTEMS Fxisting System Overview The Police and Public Works Departments currently share the VHF frequency of 153. 980 MHz . The Fire Department operates on the low band frequency of 37 . 180 MHz . The Police Department also uses the Collin County Sheriff 's Department channel and the state-wide Intercity channel for secondary law enforcement communications . Centralized dispatching is handled from the City ' s Municipal Building. Much of the mobile and portable radio equipment is relatively new and in good condition, however, most of the base station equipment is old, outdated, and unreliable . Replacement parts are not available for some of the equipment . Existing Identified Problems The Police and Fire Departments each have communications problems . They are as follows : 1 . the departments operate on separate frequency bands and are unable to communicate with each other during emergency situations . 2 . neither department has reliable portable to portable radio range due to the lack of a repeater system. 3 . the fire department base station does not operate reliably. '4 . the existing dispatch console is outdated and cannot be maintained reliably . 5 . the shared frequency operation between Police and Public Works Departments has caused channel congestion. . . this could cause serious problems during emergency situations . 6 . the shared VHF radio system also currently has no interference protection. Recommended Solutions * apply to the FCC for a VHF repeater channel using the frequencies of 153 . 980/156 . 240 MHz. . . this channel will then be shared by the police and fire departments . . 'problems 1, 2, 5, and 6 will t . then be resolved. M * transfer all fire department low band radio equipment to the public works department and vice versa . . . the public works department will begin operating on the 37 . 180 MHz frequency . . . replace the existing base station. . . problems 3 and 5 will then be resolved . * replace the existing radio dispatch console new, state-of-the-art console . . . problem 4 will then be resolved. 61. 8 Y1 L r .. F 1 _ A/ L f..t j (� \ t '" '' '/ - ` V J�/ !J , ¢a� `tea �� / '// /// y5(/� 14 ,y�{``1 ,r--/''yjyj"" r 2 , •r ` 1,, /IA`�;1 _ iT •'fl+,u.:\1)ri,l ti .s3. 0/,\, ,ire��f,. T t 4,4)i,{• ..•fi Fi 'KI\+�, + • Fy I+ --`� \ ! 1�11f+ Qommcrciat Iljarrantp �11? ii '� 1 .. (STANDARD) :i`iii (ii�\+ Motorola radio communications products are warranted to be free from defects in material .' ;jtt 1i#1.111)• " and workmanship for a period of ONE (1) YEAR, except for crystal devices and channel I` tW '„. �r elements which are warranted for aperiod of ten (10) from the date of shipment. Years, P 1$ r Parts, including crystals and channel elements,will be replaced free of charge for the full - ' , , I ii warranty period but the labor to replace defective parts within the original shipped pro- �k\ _ 1 = '" �� ducts plus travel costs for work on non-movable installed equipment will only be provided i W,, i for One Hundred Twenty(120)days from the date of shipment. After said 120 days, Buyer t } , ��, must pay for the labor involved in repairing the product or replacing the parts at the ` -{' y prevailing rates together with any travel or transportation charges to or from the place I J ':;_ ; 1�t��,y-• where warranty service is provided. This express warranty is extended by Motorola Corn- 1 410,5 munications and Electronics. Inc., 1301 E. Algonquin Road, Schaumburg, Illinois 60196, '' � � 001))> to the original buyer only, and only to those purchasing for purpose of leasing or solely for ((�t}�'� commercial, industrial, or governmental use. ' +� iN(, THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES P' "tik EXPRESS OR IMPLIED WHICH ARE SPECIFICALLY EXCLUDED, • e0 Gt�,� INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR - fly" • ' i i ., A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE if- '' LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE �ill� yi i FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. i In the event of a defect, malfunction or failure to conform to specifications established by �v lid Seller, or if appropriate, to specifications accepted by Seller in writing, during the `�11 °"``� i. ,4'�,.' applicable periods stated above, Seller, at its option, will either repair or replace the pro- •'`,? "RtA duct or refund the purchase price thereof, and such action on the part of Seller shall be bh ;m 1, the full extent of Seller's liability hereunder, and Buyer's exclusive remedy.This warranty '+�tl)~ I;, o shall automatically terminate if: I r �. #�`°" a. the product is used in other than its normal and customary manner; I ` - '" li i b. the product has been subject to misuse, accident, neglect or damage; •'; f, 1 ' f c. improper alterations or repairs have been made, or if nonconformingparts i• �}tt;; ice.. are used in the product unless done by a service facility authorized by Seller tit, IC to perform warranty service. " Q{, This warranty extends only to individual products; frequency sensitive components, ifs j. raj. •;;;! 4t ��� 4 towers, vidicon tubes, test equipment, and batteries are excluded but carry their own *,04 ` separate limited warranty. Because each radio system is unique,Seller disclaims liability >1 ;'gli�j}I • for range,coverage,or operation of the system as a whole under this warranty except by a ; j}') I ,',„ All separate written agreement signed by an officer of Seller. r'\t I: 1 Non-Motorola manufactured products are excluded from this warranty(unless bearing a ti "„ + � ' Motorola Part Number in the form of an "alpha-numeric number";i.e.TDE6030B)but such ' "'' &, products are subject to the warranty provided by their manufacturers,a copy of which will -a '°11111V.,- be supplied to Buyer on specific written request. xii/}� ,' .t :: Q Any claim for breach of this warranty shall be waived unless Buyer notifies Seller's 4. ''4i1})'`-. salesperson or Seller at the above address, Attention: Quality Assurance Department, i j+'"'R 1 •i# within the applicable warranty .•,kt PP period. rI . �i This warranty applies only within the 50 United States. i , k"?. CM) MOTOROLA .., ' t•` Revised date:fi11188 a, • RO.O-tOB R0•0-10B Communications and Electronics Inc. y ��l��,f '-" �, 1'{`��'f})Slim a=�:�,�•;n r t �eWe�y"fil.' ~raid'`�., ��' fi\ �ii 'Z�-��: S } t� `k\ 14 �• '� i• IM ns."�%1:�;iiil , ui•"^"tG �IF M1 M ,„_......+f w..... 1: M+M i i'�„r.r�, t+�.�; " /II ' ..�,. , ; / 41 t h'a i��c 1 r 't--tti i h�? P i` 0_ !ti < '.m^i— - ,r s i 4 n� Art' r.7..��,,f* "our* •�a it C-"T'r. 'i :At =yi 'Ji• Lt u•L�.•,: Y'L %7f(1;.V :C7t. fir. .^i�:. .a C t•/:: i �i nit{'"". .iti.�{(�.i",�q�j�v '.�„ ,�yi,:± ajr��N„�1. i'i. i t* t 1 :L- rS fr-�18 '.ate.cL ,. ... h., Si',.. 4, MEMORANDUM DATE: June 4 , 1991 TO: City Council 4r FROM: Bill Dashner, City Manager RE: Discuss and Consider Correspondence from Deloitte & Touche on Results of Phase I Finance Department Audit And Determine Appropriate Response to Deloitte & Touche and Consider City Council Direction to Deloitte & Touche on Phase I Finance Department Audit And Determine Appropriate Course of Action Attachment 1 - Official City Council Minutes , Phase I Proposal , Phase I Report Attachment 2 - Letter from Deloitte & Touche Requesting a Meeting to Discuss the Issue. 44; Deloitte & Touche /\ Suite 1400 ITT Telex:4995628 Lincoln Plaza 500 N.Akard Street I [ Dallas,Texas 75201-3302 C- ( i; i s June 3, 1991 Telephone:(214)720-8100 • I i li To the Members of the City Council City of Wylie, Wylie, Texas: Thank you for the opportunity to present our Phase I report to the City Council on May 28. On May 30, I met with Bill Dashner, City Manager, and Curtis Warner, Finance Director, to discuss the scope and objectives of our Phase I project. The conclusion of this meeting was agreement among the parties that we had performed all Phase I procedures as requested. Our proposed services for Phase II were outlined in our letter to you dated May 22, 1991. It is our continuing belief that there are significant opportunities to improve the control environment and efficiency of the finance function and related departments at the City. I suggest you consider meeting with us in a special session of the City Council to refine further the scope of our services. Our approach so far has been to suggest projects which would have primary benefits to current and future operations. If there are particular analyses of past transactions or funds of interest to the Council, we will be happy to submit a proposal addressing those specific services. Thank you for the opportunity to be of assistance to the City. We hope our association will be a long and pleasant one. Very truly yours, �itww„ E• L a. .J Thomas E. Larson Audit Director np cc: Bill Dashner Curtis Warner Member :International MEMORANDUM DATE: May 29 , 1991 TO: City Council %4141464.1" FROM: Bill Dashner , City Manager RE: Instructions from City Council to Three (3) Finalist For Audit Work on Finance Department Attached are the minutes from the April 4 , 1991 special City Council meeting where the three (3) finalist for City audit were interviewed. Please note in the official meeting the instructions given to all three (3) finalist . Deloitte and Touche was selected because their proposal was for $2,500 . Peat Marwick was $18 ,000 and Ernst & Young $8 ,000 . According to the City Secretary these minutes reflect the exact instructions given by several councilmembers . One can only conclude that the proposal prepared by Deloitte & Touche did not follow these instructions . I have also attached their proposal stating what work they would do. I believe they did the work they said they would do but failed to follow the instruction intent of the City Council . I will be meeting with Deloitte & Touche tomorrow (May 29 , 1991) to discuss this and see why there was this misunderstanding . The City has not paid Deloitte & Touche any money for their effort . . Ic? CITY COUNCIL SPECIAL MEETING - MINUTES APRIL 4 , 1991 THe City of Wylie City Council met in a special called meeting on Thursday , April 4 , 1991 at 7 :00 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 W. Akin, Mayor Pro Tem Don Hughes , Council Members Percy Simmons, William Martin, Chuck Wible, Pat Stemple and Steve Wright , City Manager Bill Dashner , City Secretary Carolyn Jones, and Finance Director Curtis Warner . Mayor Akin called the meeting to order . INTERVIEWS WITH INDEPENDENT AUDITORS: The City Council interviewed- the following firms : Deloitte & Touche - Dallas KMPG Peat Marwick - Dallas Ernst & Young - Dallas Council stressed to these firms that an in-depth audit of all fund accounts be done. Instructions were given to each of the firms to bring back to the Council a proposal on what it would be for a two week review of the City accounts and an analysis on the problems that needed to be looked into further , and to have the proposals back to the City Manager in time for the April 23rd Agenda . There being no other matters of discussion , a motion was made to adjourn at 9 : 50 P.M. John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary '/ Deloitte & Touche /\ Suite 1400 ITT Telex.4995628 Lincoln Plaza 500 N.Akard Street Dallas,Texas 75201-3302 Telephone 1214)720-8100 April 9, 1991 To the Members of the City Council and Bill Dashner, City Manager, City of Wylie: Thank you for the opportunity to present our credentials to provide professional services to the City of Wylie and for the opportunity to meet with you in person to discuss the scope of services you are requesting. Based on that conversation, we are submitting this letter proposal which outlines our plan to provide services to the City. PHASE I APPROACH The comments and concerns shared with us at the meeting on April 4, 1991, indicate the need for further analysis of the City's accounting and internal control systems. We believe Deloitte & Touche is uniquely suited to provide the professional services you require. Our Statement of Qualifications demonstrates our commitment to the public sector and, in particular, to cities comparable to the City of Wylie. In response to your request for further analysis, we have developed a planned Phase I of the comprehensive workplan. We envision Phase I to consist of the following: • Meeting with the city manager, finance director and other key members of the staff of the City as necessary. The purpose of these meetings will be to develop an initial understanding of the current state of the accounting records, data processing hardware and software capabilities, and the accounting documentation and support for • transactions and accounts • Preliminary analysis of written documentation of transactions and other accounting • records to develop further insight into the existing systems • Preparing a detailed workplan for Phase II of the project, including identification of the systems or accounts to be analyzed, the time frame the analysis will cover, and the specific timetable for the completion • Preparing an estimate of time to be spent by area identified and the related estimated fees to be charged • Identifying the Deloitte & Touche personnel to be assigned to Phase II of the project • Reporting on the status and completion of Phase I to the members of the city council STAFFING FOR PHASE I Our fieldwork for Phase I of the engagement will be performed by management-level professionals in order to bring the highest level of analysis of the current operations and systems of the City. All such professionals have significant public sector experience serving cities of the size and complexity comparable to that of the City. We believe this plan represents the most timely and cost-effective response to your needs. The anticipated staffing for Phase I will consist of the following: • George Scott, lead client partner, will be responsible for all professional services provided to the City. He will draw upon the significant number of available public sector professionals within the Firm to meet the needs of the City in this project. • Tom Larson, audit director, will have direct responsibility for the overall planning and management of the Phase I engagement and for the reporting of results to the city council. • Jay Riley, senior consulting manager, will be responsible for coordinating our analysis and recommendations related to operations and automated systems. • Craig Milacek, senior audit manager, and Carol Soegaard, audit manager, will perform substantially all of the fieldwork associated with Phase I of the engagement. TIMING We are prepared to commence our Phase I activities within two days after notification of our engagement. We believe all Phase I activities can be completed within two weeks from commencement of fieldwork. At that time, we will deliver a written report in draft form on our findings and meet with you as necessary to discuss the results. APPROACH TO FEES Our fees for Phase I of our engagement to serve the City of Wylie will be. based on the anticipated level of experience required at our discounted standard public sector billing rates. We are very much interested in building a long-term relationship with the City and are prepared to make substantial concessions in fees to establish this relationship. Consistent with the above, we estimate the total fees for Phase I of the engagement to be $2,500, exclusive of out-of-pocket expenses. We believe the quoted fee is both fair and reasonable. CONCLUSION We believe we are the firm best suited to meet your professional service needs now and in the future. Our large and growing public sector practice is evidence of our concern and Deloitte& Touche • understanding of the issues confronting the City. The City of Wylie would be a significant and valued client of Deloitte & Touche, and we believe we have the resources to make a difference in the future of the City. If you have any questions relating to the foregoing matters or wish clarification on any aspects of this proposal, please call Tom Larson at (214) 720-8178. Yours truly, i Deloitte& Touche 0 Jot Deloitte & Touche /\ Suite 1400 ITT Telex:4995628 Lincoln Plaza 500 North Akard Street Dallas,Texas 75201-3302 Telephone:(214)720-8100 May 22, 1991 To the Members of the City Council and Bill Dashner, City Manager, City of Wylie: This letter summarizes the results of our Phase I consultation services to the City of Wylie (the "City") . We have completed the procedures outlined in our letter to you dated April 9, 1991, which is attached as an exhibit. Such procedures were intended to gather sufficient information about the accounting systems and management information systems at the City to permit the identification of specific consultation services to be performed in Phase II of the engagement. We believe each of the four segments of Phase II procedures identified below will be of significance to the City Council. We recognize you must evaluate the costs versus the expected benefits of each procedure. Therefore, prior to beginning our engagement for performance of Phase II procedures, we will issue an engagement letter to the City Council which describes those procedures you wish performed and which includes the final estimated fees associated therewith. The analysis below lists the particular internal control segment we would analyze and describes the significance of that segment to the functioning of the City's internal control system. There may be additional areas of concern to the City Council which could be included within the scope of our Phase II procedures at your request. PHASE II PROCEDURES A. Internal Accounting Controls Discussion: The internal accounting control structure of the City provides the framework for the operations of the finance department. The structure includes the processing and recording of all financial transactions to which the City is a party. The systems identified in the internal accounting control structure are as follows: - Cash receipts - Purchasing and cash disbursements - Payroll and personnel - Utility cash receipts and disbursements Member Ph"sir I i I International - Fixed assets - Investments - General ledger and financial reporting - Information system general controls - Financial reporting to the City Council Significance: An effective internal accounting control structure for a city government is designed to provide management and the City Council with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorization and recorded properly. There is a cost/benefit relationship with any internal control. The City Council must determine if the cost of implementing and complying with a control is worth the benefit obtained from it. Procedures: Our procedures to be performed for each of the significant internal control systems listed above are as follows: - Obtain, read, and analyze the City's written internal accounting control policies and the related documentation, if any, from the prior auditors' working papers - Conduct detailed interviews with the finance director and other finance and City personnel to document their daily functions and other duties involving the processing and recording of transactions - Prepare a comprehensive analysis in narrative or flowchart form of the current internal accounting control structure, identifying significant strengths and weaknesses - Prepare a written report to the City Council containing detailed comments, analyses, and recommendations for improvements in the current internal accounting control structure in each system analyzed B. Utility Billing System Discussion: The City's utility billing system should contain all information related to the City's utility customers and permit City management to access and monitor such information. A comprehensive utility billing system should include all billing and collection amounts, life-to-date and year-to-date history, account inquiry, utility receivables, and various other information related to the utility operations. Deloitte& - 2 - Touche Significance: An adequate utility billing system is required for accurate recording of transactions and reporting on the results of the utility operations in conformity with generally accepted accounting principles. In addition, an adequate utility billing system is required as a component of a good internal accounting control structure. Procedures: - Interview the utility department personnel about their need for information related to the utility operations - Discuss with finance department personnel their need for information related to recording and reporting utility operations - Incorporate the recommendations from the internal control analysis in Section A above, related to the utility billing system - Analyze the needs documented above and make a recommendation regarding a new utility billing system. This recommendation will contain several potential software packages to allow the City the opportunity to analyze the cost/benefit of each system in relation to the above needs. (Note: As a matter of policy, Deloitte & Touche does not market any of its own software. As a result, we can provide an independent and completely objective evaluation of software alternatives) - Assist with the implementation of the new utility billing system C. Bond Compliance Discussion: The proceeds from bond issues must be used for their intended purpose. This purpose is included in the prospectus related to the bond offering and details the specific allocation which must be followed. In addition, complex arbitrage regulation applies to bond issuance. Significance: Misapplication of bond proceeds may be a violation of the bond indenture and may expose the City to legal action. Procedures: - Interview the City Council and City management to determine whether there are any specific bond issues that raise concern over compliance matters Deloitte& - 3 - Touche 0 LcS - For each bond issue determined to have concern, obtain and read all relevant bond documents - Prepare an analysis of actual sources and uses of proceeds - On a test basis, examine supporting documentation relating to the uses of the proceeds (i.e. , disbursements) and investigate as necessary - Based on the intended use of proceeds, determine the appropriateness of the actual uses - Prepare a written report to City Council based on our findings D. Accounting Policies and Procedures Documentation Discussion: Comprehensive documentation of accounting policies and procedures is an important element of the internal control structure of a city. The information contained in such documentation is helpful in determining whether employees are performing all the tasks that are required of them and is a key element in training a new employee. Significance: Considering the potential changes to the operations of the finance department from the performance of other procedures in this proposal, comprehensive documentation of accounting policies and procedures would help ensure that all persons understand their responsibilities within the revised internal control structure. Procedures: - Develop an understanding of existing policies, procedures, and practices; and key organizational, operational, and staffing information - Supplement the information obtained above with any changes resulting from the implementation of recommendations developed in Section A of this report - Conduct management interviews to further gather information and verify our preliminary understanding of the policies and procedures - Develop the policies and procedures documentation. Specific areas for which policies and procedures will be developed include: . Cash receipts . Cash disbursements . Payroll . Utility operations Deloitte& - 4 - Touche cc6 . Month-end closing . Year-end closing . Fixed assets . Investments . Purchasing - Meet with management to review the preliminary policies and procedures documentation, receive feedback, and follow-up on specific questions and comments - Finalize and issue the documentation in final form PROFESSIONAL FEES Our fees for Phase II of our engagement to serve the City of Wylie will be based on the anticipated level of experience required at our discounted standard public sector billing rates. Based on our assessment of the staffing levels required for each segment of the proposed consultation services , our estimated fees are as follows: Internal accounting controls $16,000 - $21,000 Utility billing system $18,000 - $30,000 Bond compliance per bond issue $5,000 - $7,500 Accounting policies and procedures documentation $22,000 - $32,000 TIMETABLE FOR COMPLETION We are prepared to begin work on Phase II of this project within ten days of notification of our engagement. We anticipate the activities relating to internal accounting controls, bond compliance, financial reporting to the City Council, and the accounting policies and procedures documentation can be completed within eight to ten weeks after commencement of work. The exact timing is dependent on the degree of assistance provided by the finance director and other members of the finance department and City staff. The project related to the utility billing system is dependent on a number of external variables and also the degree of priority established by the City Council and finance director as to software selection, evaluation, and implementation. The details of our workplan with respect to the utility billing system will be furnished separately to you in the early phases of that engagement, after initial discussions with management. Deloitte& - 5 - Touche 7 5 STAFFING The anticipated staffing for Phase II will consist of the following: - George Scott, lead client partner, will continue to be responsible for all professional services provided to the City. He will draw upon experienced public sector professionals within the Firm to meet the needs of the City in this phase of the project - Tom Larson, audit director, will continue to direct the planning and management of the Phase II engagement and will report the results to City management and to City Council as may be requested - Craig Milacek, senior audit manager, will have day-to-day field supervision responsibilities and will perform the detail planning for Phase II - Jay Riley, senior consulting manager, will be responsible for coordinating and managing the utility billing system segment of the proj ect - Other public sector audit managers, seniors and staff will assist on Phase II as necessary. Once the timing and scope of the Phase II procedures are determined, an experienced public sector senior auditor will be assigned as lead senior All staff and management assigned to phase II will have significant prior public sector experience. CONCLUSION We believe we are the firm best suited to meet your professional service needs and have demonstrated that ability in the performance of Phase I. If you have any questions related to the foregoing matters or wish • clarification on any aspects of the information contained in this summary, please call Tom Larson at (214) 720-8178. Yours truly, Se,14)VA, Adt Deloitte& - 6 - Touche 0 681 MEMORANDUM DATE: May 16, 1991 TO: City Council FROM: Bill Dashner, City Manager `..,,. RE: Discuss and Consider Convening to Executive Session To Determine Appropriate Action Relative to Items of Ligation Involving the City of Wylie , Inc . I am requesting an executive session to discuss the details and solicit guidelines from the City Council on the following two (2) lawsuits : 1 . Choya Tapp v. City of Wylie, exparte Bill Dashner and other unnamed City Officials . 2 . City of Wylie, et al v . Choya Tapp 3 . City of Wylie, v. Chemical Recycling, Inc, et al S / 7 ie CITY OF' WYLI 2000 HWY.78 N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor May 16, 1991 Boyd , Veigel & Hance Don Hughes P. 0. Drawer B Mayor Pro-Tem McKinney, Texas 75069 William Martin Dear Mr . Boyd, City Council Pursuant to our conversation today I am sending you a copy of the lawsuit Mr. Tapp filed against me and the City. Apparently he filed the papers himself . You will also notice a letter that I wrote to our Public PatStemple Liability Insurance Carrier notifying them of the lawsuit City Council since the City carries liability insurance. They will probably want to furnish attorneys but we would rather have you. You may want to call our liability insurance carrier on this . I have attached a copy of the letter I received from our insurance agent this morning . Steve Wright City Council Now on the other case , City of Wylie v . Choya Tapp on the theft of public property, we lost in the first round at the Collin County JP ' s court yesterday. Mr . Chris Houssiere is suppose to file the appeal notice tomorrow, May 17, 1991 . Please contact me as soon as possible on this very important Percy Simmons matter . City Council Sin rely, 41/\• Chuck Wible Bill Dashner City Council City Manager encl Bill Dashner City Manager 6O 'is CITY OF WYLIE 2000 HWY.78 N.- P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor May 15 , 1991 Wylie Insurance Agency Don Hughes 201 Calloway Mayor Pro-Tem Wylie, Texas 75098 Dear Mr. Yeager, William Martin Under the terms and conditions of the City' s Public Official City Council Liability policy and the Tudor Insurance Co. of Keene, New Hampshire as City Manager of the City of Wylie I am official and formally requesting that you file this claim for legal representation for the City of Wylie and its Public Officials. The attached lawsuit styled "Choya Tapp, Pat Stemple Plaintiff , v. City of Wylie, Defendant" was filed in Collin City Council County District Court on May 1 , 1991 . Please contact me as soon as possible so that this can be discussed . incerel , Steve Wright L� City Council aI Bill Dashner City Manager cc: Wylie City Council Percy Simmons City Secretary City Council City Attorney City Finance Director Chuck Wible City Council Bill Dashner City Manager H I r \ I • v0V'1 I ( �/(rypKr�/�OlNT vas 1..°,1 WYLIE INSURANCE AGENCY, INC. "Serving You Since 1898" JOHN YEAGER, CIC May 15, 1991 Mr. Bill Dashner City Manager City of Wylie P.O. Box 428 Wylie, Texas 75098 Re: Legal Action-Choya Tapp vs. City of Wylie Dear Mr. Dashner: We have faxed the above notice today to Montgomery & Collins, Inc. , Dallas, Texas the local insurance representative for Tudor Insurance Company that carries the Public Officials Liability policy for the city. Additionally, since there could possibly be coverage under the General Liability policy, we have also sent the same notice to Trinity Universal Insurance Company, Dallas, Texas. A represenative from each of these companies should be in contact with you shortly to discuss the situation. In the meantime, please call me should you have any questions. Sincerely, // 1-/ ag/John er, CIC JY/lap 201 CALLOWAY • P.O. BOX 40 • WYLIE, TEXAS 75098 • 442-3505 6QZJ April 30, 1991 Mr. William Dashner City of Wylie Wylie City Hall Wylie, Texas RE: False Statements Made About Choya Tapp Dear Sir: Please be advised that I am taking legal action against the City of Wylie for statements made by individuals employed by the City, which were false, malicious and defamatory. The City has publically humiliated me and maligned me and I will seek redress in order to clear my good name. Yours, Choya p Via Hand Delivery CAUSE NO. , 79 -S Ys ( CHOYA TAPP, § IN THE DISTRICT COURT Plaintiff, § v. § COLLIN COUNTY, TEXAS CITY OF WYLIE Defendant § '��§ o / TH JUDICIAL DISTRICT PLAINTIFF' S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT COMES NOW CHOYA TAPP, hereinafter "Plaintiff" , complaining of CITY OF WYLIE, hereinafter "Defendant" , and for cause of action would show the court as follows: 1. Plaintiff, CHOYA TAPP, is an individual residing in Collin County, Texas. 2 . Defendant, CITY OF WYLIE, may be served with process by serving its City Secretary, Carolyn Jones Wylie City Hall, Wylie, Texas wherever she may be found or its City Manager, William Dashner, wherever he may be found. 3 . This cause of action is for personal injuries which arose in Collin County, Texas. 4 . Whenever in this Petition it is alleged that Defendant did any act or thing, it is meant that Defendant' s officer' s, agents, servants, employees, or representatives did such act or thing. At the time such act or thing was done, it was done in the full, normal and routine course and scope of Defendant' s business by it' s - officers, agents servants, employees, or representatives. - 5. Plaintiff would show that he was a Volunteer Fireman with the Fire Department servicing the City of Wylie. Plaintiff and William Dashner - City of Wylie City Manager - got at odds because Mr. Dashner wanted to formalize the Volunteer Fire Department as a City of Wylie Department, even though it has never been part of the official City of Wylie Departments in it' s 60+ year history. 6. Plaintiff would show that Mr. Dashner and the other defendants have libeled and/or slandered plaintiff through written and spoken statements alleging tiat ,he stole"money and property from the City and/or the Fire Department. YPi4itiff states this is completely false and defendants' knew 'or •shoul'd have known about this fact. 7 . Specifically, 'e2�IAY TdpPlwZu3a show that in September 1990, William Dashner, in his official capacity as a City of Wylie employee and CityMana�� �' � to James Johnson, "I 'm going to ��Rr������ COLLIN 'OUHTY, TEYAS fire these people as they are all a bunch of thieves. " Plaintiff would further show that this statement reflects the fact that he was defamed and this slander per se is actionable. Plaintiff would show at the time of the publication of said statement, it was quite clear to Mr. James Johnson that he (Choya Tapp] , among others, was identified and was being called a thief. 8 . Plaintiff would further show the jury that on February 13, 1991, in the Wylie News, Percy Simmons, William Martin, Pat Stemple, Don Hughes city councilmen caused to be published a libelous statement to wit: "All volunteer fire fighters that were discharged or resigned did so after an outside audit revealed $11, 000. 00 of misappropriated funds and $13 , 000. 00 worth of missing supplies and equipment for the fire department" signed City of Wylie. Plaintiff would show that the statement was false, and that the defendant knew or should have known it was false and it is libel per se because it implies theft of property. 9 . Plaintiff would further show the jury that on or about November 1990, Jeff Scribner and Lewis Barber, acting in their official capacities as Acting Fire Chief and Acting Assistant Fire Chief for the City of Wylie, wrote letters to Wylie News and the Wylie Sentinel newspapers stating "It has now come to light, as the result of an audit, that a very large sum of money is unaccounted for over the last few years that Mr. Allen and Mr. Tapp and Mr. Bisbee were in charge of the Wylie Fire Department financial affairs. " Plaintiff would show that the statement was false, and that the defendant knew or should have known it was false and it is libel per se because it implies theft of property. Plaintiff would further show that he never had signatory powers on the Fire Department bank account and that prior to August 1990 he was not in charge of the fire department - a fact known to defendant. Choya Tapp would show the jury that he is a law abiding citizen, who tirelessly has devoted countless man hours in protecting the lives and homes of the citizens of the City of Wylie in Collin County. Defendant instead of recognizing his numerous unpaid years of service has chosen for reasons known only to themselves to maliciously mistreat this good samaritan. 10. Plaintiff would show the jury that the statements of the defendant as set forth in this petition were patently untrue and that he has never stolen any money or property from the Fire Department and that defendant knew or should have known that the publishing of said statements was reckless, defamatory and malicious. 6.5" • C rl 11. Plaintiff would further show that these statements by the defendant were done in their official capacities and that they are outrageous in nature and have publically humiliated him. 12 . Alternatively, plaintiff would show that the actions of the defendant as set forth above constitute intentional infliction of emotional distress which has proximately caused injury to him. 13 . Alternatively, plaintiff would show that the actions of the defendant as set forth above constitute negligent infliction of emotional distress which has proximately caused injury to him. 14 . Plaintiff would show that defendant intentionally or negligently inflicted emotional distress upon the plaintiff and that he has suffered great mental anguish as a result of defendant's actions. 15. Each and every of the foregoing acts and omissions in this petition, taken separately and collectively constitute a direct and proximate cause of the injuries and damages set forth herein. Plaintiff would further show that the actions of defendant were a producing cause of his injuries. 16. Notice was given to the Wylie City Secretary/City Manager prior to the filing of this lawsuit for relief under the Texas Tort Claims Act. 17 . As a result of defendant's actions, Choya Tapp sues for damages from the actions of defendant in an amount far in excess of the jurisdictional limits of this court which are incapable of exact calculation but believed to reasonably be at least One Hundred Thousand Dollars ($100, 000. 00) . 18 . Plaintiff demands a jury trial in order to clear his good name. WHEREFORE, CHOYA TAPP, plaintiff requests that Defendant be cited to appear and answer, and that on final trial Plaintiff have judgment against Defendant, for an amount far in excess of the minimum jurisdictional limits of the Court of at least $100, 000.00, punitive damages, together with prejudgment interest, post- judgement interest and costs of court, and for such other and further relief to which Plaintiff may be justly entitled. Respectfu s ted, CHOYA TAPP 2250 Sachse Road Sachse, Texas 442-0211 Plaintiff - Pro Se 4Tudor Insurance Company 48 South Franklin Turnpike • Ramsey, New Jersey 07446-0504 �*'*. 1 lephone (201) 825-3300 •• Telex 130-324 •• FAX (201) 825-1052/(201) 825-9013 May 29, 1991 , \ \ I City of Wylie ',\ '\ 2000 Highway 78 �\` Box 428 \ Wylie, TX 75098 Attn: James Johnson Director of Finance/Designee RE: Choya Tapp vs. City of Wylie Policy No.: PE 57494 Dear Mr. Johnson: Tudor Insurance Company acknowledges receipt of a Petition pending in the Collin County District Court, Texas regarding the above captioned matter. Pleadings bear docket number 219-595-91. A review of the Petition indicates that this matter emanates and flows from liable and slander. The Complaint seeks both compensatory and punitive damages. Tudor Insurance Company is the Public Officials Liability insurance carrier for the City of Wylie, under policy number 57494 issued for a policy period 7/11/90 through 7/11/91 subject to the provisions and exclusions of said policy. The policy has a limit of liability of $1 million and a retention of $5,000 per loss. The retention applies to defense expenses, costs, damages, judgments and settlements. I refer you to III. DEFINITIONS ... . "(d) "Loss" shall mean any amount which the Insureds are legally obligated to pay or which the Public Entity shall be required by law to pay as indemnity to the Insureds, for any claim or claims made against them, for Wrongful Acts and shall include but not be limited to damages,judgments, settlements and costs, cost of investigation and defense of legal actions (excluding from such costs the salaries of officials or employees of the Public Entity or any other governmental body), claims or proceedings and appeals therefrom, cost of attachment or similar bonds; provided always, however, such subject of loss shall not include fines or penalties imposed by law, or matters which may be deemed uninsurable under the law pursuant to which this Policy shall be construed." I refer you to IV. EXCLUSIONS ... "The Company shall not be liable to make payment for Loss in connection with any claim made against the Insureds allegedly, based upon or arising out of one or more of the following: A Member Company of Western World Insurance Group 6 7 . Mr. Johnson Page 2 May 29, 1991 (5) (a) any damages, whether direct, indirect or consequential, arising from, or caused by, bodily injury, personal injury, sickness, disease or death; (6) (b) defamation, including, but not limited to libel or slander;, (7) the willful violation of statute or ordinance committed by or with the knowledge or consent of an Insured;" I refer you to Tudor Endorsement TU PE 88 ... PUNITIVE DAMAGE EXCLUSION "In consideration of the premium charged, it is understood and agreed that this policy excludes any claims for punitive or exemplary damages whether arising out of acts of Insureds, Insureds' employees, or any other person." Tudor Insurance Company must hereby deny coverage to you in the above captioned matter. This denial is predicated upon the exclusions and endprsemepts cited above. I sugges you notify your General Liability carrier..- 71,��' e llr�e jr PY.PeW., , /y1 4,24 Tudor Insurance Company will not be responsible for any costs of defense, defense judgment or verdict that may be rendered against you. If you have any questions or need further clarifications, please do not hesitate to contact the undersigned. Very truly yours, ‘").--)EY\ Peter I •ne Suit Exa finer PML/bi 10523 cc: Agent #5907 - Montgomery & Collins, Inc. MY DIRECT DIAL NUMBER IS (201) 934-2851, EXT. 851 CJ � 1l 1\{ GARDERE & WYNNE Illi ATTORNEYS AND COUNSELORS iI'.,' 3000 THANKSGIVING TOWER t` j� DALLAS, TEXAS 7 5201 TELECOPIER 214-999.4667 WRITER'S DIRECT DIAL NUMBER 214-999-3000 CABLE:GARWYN TELEX 73-0197 214/999-4885 June 3 , 1991 Mr. Bill Dashner City Manager City of Wylie 108 South Jackson P.O. Box 428 Wylie, Texas 75098 Re: Cause No. S-89-94-CA; The City of Wylie v. Chemical Recycling, Inc. , et al Dear Mr. Dashner: Enclosed please find a copy of our Motion to Withdraw and proposed Order. If you have any questions, please don't hesitate to contact me at the above-referenced number. Very truly you s, Kim S. Peters, Legal Assistant to Jay A. Brandt KSP:lh Enclosure 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS i SHERMAN DIVISION �i �� , II THE CITY OF WYLIE, l § 1 Plaintiff, § v. § Cause No. S-89-94-CA § CHEMICAL RECYCLING, INC. , and § JAMES SIEMONEIT, Defendant. § MOTION FOR WITHDRAWAL OF COUNSEL Movants, Jay A. Brandt and the law firm of Gardere & Wynne hereby move to withdraw as counsel of record for Plaintiff, the City of Wylie, in this cause, and show: 1. Movants desire to withdraw from any further representation of Plaintiff, the City of Wylie, in this cause. 2. In August 1989, the City of Wylie retained the firm of Shipley and Schneider in Tulsa, Oklahoma to represent the City in this matter. At that time, Movants were requested to discontinue representation. 3 . Recently, a representative for the United States District Clerk informed the Movants that they were still counsel of record. Movants transmitted this information to Bill Dashner, City Manager of the City of Wylie. Dashner stated that the City of Wylie had terminated Shipley and Schneider's representation a few months ago. Dashner refused to permit Movants to do anything regarding this MOTION TO WITHDRAW AS COUNSEL OF RECORD - Page 1 7O matter. Copies of this motion and proposed order were sent to Dashner. WHEREFORE, Movants request that the Court grant them leave to withdraw as counsel of record for the City of Wylie and that the Court enter the proposed Order filed herewith granting such relief. Respectfully submitted, GARDERE & WYNNE By: Ai L- 41 . '- V - 4 A Brandt •te Bar No. 02882100 •1 • im Street, Suite 3000 Dallas, Texas 75201 214-999-3000 FAX 214-999-4828 The court file indicates that no entry of appearance was made for any other counsel of record. GW04:66594 MOTION TO WITHDRAW AS COUNSEL OF RECORD - Page 2 7/ IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION THE CITY OF WYLIE, § § Plaintiff, § v. § Cause No. S-89-94-CA CHEMICAL RECYCLING, INC. , and § JAMES SIEMONEIT, § § Defendant. § ORDER GRANTING LEAVE TO WITHDRAW AS COUNSEL OF RECORD This case is before the Court upon the Motion of Jay A. Brandt and the firm of Gardere & Wynne to withdraw as counsel of record for Plaintiff, the City of Wylie, in this cause. The Court, having reviewed the Motion, finds that the Motion should be granted in its entirety. IT IS, THEREFORE, ORDERED that Jay A. Brandt and the firm of Gardere & Wynne are hereby granted leave to withdraw as counsel of record for Plaintiff, the City of Wylie, in this cause and they shall have no further responsibility for the further conduct of the case. SIGNED this day of , 1991. Judge Presiding GW04:66600 ORDER GRANTING LEAVE TO WITHDRAW AS COUNSEL OF RECORD - Page 1 • 79t