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03-12-1991 (City Council) Agenda Packet AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, MARCH 12, 1991 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION AC)-60?Z7)Cta PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 19 Consider approval of the minutes of January 8th, 14th and 22, 1991 2 20 - 21 Presentation of Certificate of Appreciation to Robert Stemple for his time and hard work spent in Landscaping the Veterans Courtyard 3 22 - 23 Presentation of Certificate of Appreciation to Don McCarter, Wylie Police Department for outstanding Achievement 4 24 - 25 Presentation of Proclamation Requiring the Downtown Business District, 100 Blocks of North and South Ballard St. to be Established as a Historic Landmark Area 5 26 - 30 Conduct a Public Hearing on the Urgent Need Resolution and on the Urgent Need Grant Application to the Texas Department of Commerce and the Department of Housing and Urban Development for $400,000 in order to conduct an Infiltration and Inflow Analysis of the City's Sanitary Sewer System to Ascertain Problems 6 Discuss and consider adoption of an Urgent Need Resolution and authorizing an Urgent Need Grant Application to the Texas Department of Commerce and the Department of Housing and Urban Development for $400,000 in order to conduct an Infiltration and Inflow Analysis of the City's Sanitary Sewer System to Ascertain Problems and make necessary and needed repairs 7 31 - 32 Discuss and Consider adoption of a Resolution Encouraging and Authorizing the Development Corporation of Wylie to Use all available Sales Tax Receipts for the construction of and completion of State Highway 544 and State Highway 78 ORDER OF PAGE BUSINESS REFERENCE BUSINESS 8 33 - 34 Discuss and Consider Amending FY91 Police Department Budget to Utilize Drug/Seizure Money for Improvements and Enhancements to City Police Department in compliance with Federal Law as a Supplemental Appropriation 9 35 Discuss and Consider Payment of Claim to Contractor for Phase I Capital Improvement Street Program, Chip and Seal, as Bid 10 36 - 44 Discuss and Consider an Ordinance amending Ord. No. 90-18 and Lowering Water and Sewer Rates effective date to be established by the City Council 11 45 - 62 Discuss and Consider Letter to BFI requesting a delay of Sanitation Rate Increase per the Five (5) Year Contract and the Consumer Price Index and Discuss with BFI ways to reduce Residential and Commercial Rates 12 63 - 66 Discuss and Consider Update and Progress Report to Texas Water Commission on Elimination of Pump and Haul Operations 13 67 - 70 Discuss and Consider Update and Progress Report on Landfill Testing and Monitoring and approval from Texas Department of Health on Monitoring Well Extension 14 71 - 76 Discuss and Consider Compliance with Texas Water Commission Requirements to Install one (1) additional Monitoring well at the Wylie Service Center site as a result of the completed Jones and Neuse Report on the Land and amend existing contract 15 77 - 84 Discuss and Consider Final Payment to Pate and Pate on Muddy Creek Sewer Line and accept Project as complete and activate One (1) Year Maintenance Bond 16 85 - 88 Discuss and Consider Payment Request Number. Two to E. L. Dalton on Newport Harbor Sewer Line Project 17 89 - 91 Discuss and Consider Payment of Claim from Shimek, Finklea and Jacobs, Consulting Engineers on Phase II Sewer Interceptor Project 18 92 - 93 Discuss and Consider Payment of Claim to Shimek, Jacobs & Finklea for Engineering work on Newport Harbor Sewer Line Project 19 94 - 95 Discuss and Consider possible Reimbursement to FEMA for Insufficient Reporting and Documentation on Emergency Funds During 1989 City Flood Damage 20 96 - 99 Discuss and Consider Two (2) Residential Water Taps outside the City Limits ORDER OF PAGE BUSINESS REFERENCE BUSINESS 21 100 - 105 Discuss and Consider Final Report and Cost of Acquisition of 18 Sewer Line Easements on Newport Harbor Sewer Line compared with Cost of Sewer Line Easement for Muddy Creek Interceptor and Phase II Interceptor 22 106 - 112 Discuss and Consider acceptance of Sewer Line Easement from C. T. Beckham as previously approved by the City Council and authorize payment as previously approved 23 113 - 114 Discuss and Consider Payment of Invoice from Helmberger Associates for Services Rendered for Preparation of Official Zoning Map 24 115 Discuss and Consider amending Athletic Field Policies and Regulations for Activities on Sunday 25 116 Discuss and Consider Replacements and Reappointments to Master Plan/Goals Committee 26 117 Discuss and Consider Selecting Three (3) Candidates for Appointment to the Collin County Planning Committee 27 Citizen Participation In accordance with the Open meeting Act, the City Council will hear comments of Public Interest from residents of the City of Wylie. Any discussion must be limited to placing the item on a future agenda for further consideration. Wylie Residents wishing to speak before Council should limit their remarks to a maximum of five (5) minutes 28 Recess Open Meeting 29 118 - 119 Convene Council into Executive Session under the Authority of Article 6252-17 V.A.C.S., Section 2 paragraph "g" Personnel Matters: A. Review City Attorney Applicants's Professional Qualifications for the Purpose of Hiring a Full Time City Attorney B. Review City Manager Bill Dashner's Employee Evaluation AFter six (6) months employment 30 Reconvene Council into open session 31 Consider action necessary from Executive Session concerning the Hiring of a Full Time City Attorney ORDER OF PAGE BUSINESS REFERENCE BUSINESS 32 Consider action necessary from Six month Review of City Manager Bill Dashner 33 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 ,0,/, ? day of Dia6&A , 199/ , in the Council Chambers of the Municipal Complex at 2000 Hwy. 78 North in the City of Wylie, Texas, for the purpose of considering the attached agenda. Carolyn es Secretary POSTED THIS THE _ DAY OF . 199 I , AT `3. �.' M. CITY COUNCIL MEETING MINUTES JANUARY 8, 1991 The City of Wylie City Council met in regular session on Tuesday, January 8 , 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, Mayor Pro Tem Don Hughes , Council Members Percy Simmons , Chuck Wible, Steve Wright, William Martin, and Pat Stemple (arrived late) and City Manager Bill Dashner , City Secretary Carolyn Jones, City Engineer Paul Beaver . Mayor Akin called the meeting to order and Rev. Blakey gave the invocation, which was followed by with the Pledge of Allegiance. APPROVAL OF MINUTES OF N_OVEMBER27TH AND DECEMBER 5 , 1990 COUNCIL MEETINGS : There being no corrections or additions to the minutes, a motion was made by Mayor Pro Tem Hughes to approve the minutes of the November 27th and December 5th meetings as submitted . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . UNITED STATES ENVIRONMENTAL ISSUES IN THE CITY OF WYLIE: Mr . Regan Broyles of EPA Regional Office in Dallas, stated that the project of Chemical Recycling Inc. , is in the clean up stage and is being done by companies responsible for the problem. They only site with contamination is on the property site, not on other properties. The studies have not been completed as there will be water test done prior to completion. Mrs . Cheryl Edwards of 613 Andersonville Ln . asked a question regarding the metals in the creek bed that takes water run off from Chemical Recycling . Mr . Broyles replies that as of this date there was no signs of contamination in this area . FINANCIAL REPORT FOR PERIOD ENDING 11/30/90 , SECOND MONTH FY91 : At the end of the second month the City has received $748,585 in revenues. For the same time frame the City has expended $740 ,405 . The City has received 12 .57% of the projected revenues and spent 12 . 43% of the projected budget . Through the first two months the City has collected $8 , 180 more than it has spent . CITY__ OF WYLIE INVESTED FUNDS AS OF NOVEMBER 30 , 1990 AND UNINVESTED BALANCES IN OPERATIONAL ACCOUNTS AS OF DECEMBER 27 , 1990: The City has to date $2 ,626, 332 . 45 in invested funds, of which some are restricted and some unrestricted . The City has $1 ,034 ,241 .59 in uninvested funds (25 operational accounts) . The total of invested and uninvested funds for the City is $3 ,660 ,574 .04 . BONDED INDEBTEDNESS AND DEBT SERVICE REQUIREMENTS BASED ON BONDS AS OF SEPTEMBER 30 , 1990 : The City has a bonded indebtedness of $17 , 579 ,131 as of September 30 , 1990 . This February, the City must make a debt service payment of $680 ,477 . 25 . During this year , the City will make a total debt service payment of $1 ,300 ,000 . The City acquired 50% of this debt 1988 . Of the total amount of debt service, $5 ,375 ,000 occurred from 1988 to 1990 . 1988 CERTIFICATES OF OBLIGATION AND THE ASSESSMENT STREET PROGRAM AND CONSIDER ASSESSMENT LIST OF PAYMENTS AND NONPAYMENTS: In 1988 $1 , 275 ,000 . worth of bonds were issued for major street construction. There were 56 property owners assessed which totaled $198 ,887 .83 . To date only 13 property owners have paid the assessment for a total amount of $83 ,011 .45 leaving a balance to be collected in the amount of $115,876 . 38 . This City is making every effort to collect these assessments , and are not permitting transfer of property till the assessments have been paid . SPECIAL AUDIT REPORT ON 1990 $3 ,500 ,000 CERTIFICATE OF OBLIGATIONS FOR SEWER LINES CONSTRUCTION - LANDFILL CLOSURE - SERVICE CENTER - ANIMAL SHELTER RELOCATION AND AUDITED BALANCE: There was $3 ,500 ,000 Certificate of Obligations issued for three sewer lines estimated cost $2 ,000 ,000 . The cost of sewer line #1 $745 ,374 .25 , sewer line #2 $913 ,653 .32 and sewer line #3 $294 ,000 .00 for a total cost of $1 ,953 ,027 .57 . This leaves a balance as of December 26th of $411 ,000 . The line for Newport Harbor is approximately $294 ,000 , with sewer line #1 & 2 final p ments in the amount of $165 ,000 leaves a pe tiv al nce f $48,000 .00 . v There was $1 ,500 ,000 allocat to ocate the service center and animal shelter ) Balance as of December 26th was $1 ,497 ,113 . taking the negative balance of $48,000 . out will leave a balance of $1 ,449 , 113 .00 . All interest on the original bonds went back into the account . BALANCE IN ACCOUNT FOR 1988 CERTIFICATE OF OBLIGATIONS IN THE AMOUNT OF $1 ,275 ,000 WHICH IS STREET RECONSTRUCTION FUND ACCOUNT: There was approximately $700 ,000 of the $1 ,275 ,000 was used to do Birmingham Street , Ballard Street and Callie Court . These bonds were issued and were suppose to be partially paid back through assessments on the effected property owners. There has been only 13 property owners that have paid their assessments , and there were 56 property owners assessed. The remaining portion of this bond money was used for water and sewer improvements and engineering which was approximately $575 ,000 . Debt service on these bonds has been absorbed by general City revenue . On September 30 , 1990 the City had in the Street Reconstruction Fund account $133 ,553 . This account has absorbed the eight (8) major street programs and as of December 26th there was a balance of $27 ,903 in this account . Also , Akin Lane is being done with $45 ,000 Perimeter Street Funds and the balance in this account. APPEAL REQUESTED BY MR._ GIL_BERT WELCH ON DENIAL OF HIS CLAIM FOR $35, 328 . 00 FOR SEWER LINE EASEMENT SODDING IN 1989 AFTER THE CITY HAD PAID MR. WELCH 4 ,024 .00 FOR EASEMENT RIGHTS: Mr . Welch had originally requested $35 ,328 .00 in a claim against the City . The City Council has approved a $5 ,500 cost figure that will seed the easement area where the sewer line was placed . Mr . Welch was also paid $4 ,024 .00 for this easement. Mr . Gilbert Welch 501 Lake Ranch Lane stated he had problems with the contractor , cut fences and did not replace or repair them. Mr . Don White and Mr . Ray Cory tried to talk with the contractors to get these things taken care of . The contractors left large holes open and this was very dangerous for my horses . Much of this claim is toward the contractor not the City. A motion was made by Councilman Simmons to table this item with instructions for the City Manager to try and work this problem out . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . SPECIAL REPORT FY90 AUDIT ON PERIMETER STREET FUND ACCOUNT: The FY90 audit indicates that at the close of business on September 30 , 1990 the City had a balance of $373 ,601 in the Perimeter Street Fund . As of December 26th there was a balance of $339 ,752 . These monies are earmarked and can only be used for designated streets and areas such as Akin Lane. FUNDING ALTERNATIVE FOR $80 ,000 SHORTFALL OF COLLIN COUNTY ON TOTAL FUNDING FOR BROWN STREET`MCCREARY ROAD PROJECT:) The estimated total of Brown St . and McCreary Road is $911 ,882 . , there is available cash in the amount of $825 ,000 from Collin County 1983 Bond monies, plus a refund from Sanden RR crossing in the amount of $12 ,488 , and estimated contractor Mobilization cost for Brown St . is $6 ,000 . This is a total of $80 , 394 . If Council will approve the moving of $80 , 000 . from the Perimeter Street Fund to Street Reconstruction Fund with the stipulation that this will be paid back within one year , then this project can move forward . A question was brought up concerning the borrowing of funds from one special account for another special account . A motion was made by Councilman Simmons to approve the transfer of funds from Perimeter Street Fund in the amount of $80 , 394 . and to pay this amount back by October 1 , 1991 if approval comes from City Attorney. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with six in favor , and one against . SPECIAL REPORT ON BALANCE OF 1988 $200 ,000 CERTIFICATE OF OBLIGATIONS TO BE USED ON RIGHT OF WAY ACQUISITION FOR THE INSTALLATION OF THREE (3 ) NEW MAJOR SEWER LINES: In 1988 $`200 , 000 worth of Certificates of Obligations were issued to acquire Right of Way for the three (3 ) major sewer lines to get the City off of Pump and Haul process . Of this $200 ,000 , $196 ,000 was used to acquire right of ways for the first two (2 ) major sewer lines. There is approximately $4 ,000 left to acquire all easements on the Newport Harbor Sewer line. WE have 13 easements to acquire on this line. We are currently paying about $500 .00 per easement . The reason there is not enough money for the remaining easements is that payment for the first easements were twice the amount of their appraised value. FINAL ACCEPTANCE OF MUDDY CREEK INTERCEPTOR SEWER LINE CONSTRUCTED BY PATE AND PATE AND AUTHORIZE FINAL PAYMENT PENDING COMPLETION OF FOUR MINOR CLEANUP AREAS : The Consulting Engineer and the City Engineer have stated that this line is complete except for four clean up areas. This will be done when dry weather comes . This contract totaled $745, 374 . 25 . The final payment request is in the amount of $58 ,840 ,43 . The City is holding back $5 ,200 to seed the Welch property in the Spring of 1991 . Staff recommends that Council authorize final payment and direct the City Manager to hold the check until the four minor cleanup problems are finished . A motion was made by Councilman Simmons to table this item. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - J in favor , and Councilman Simmons - in favor. This motion carried with all in favor to table . CONSIDER SCREENING PROCESS FOR THE SELECTION OF A FULL TIME IN-HOUSE CITY ATTORNEY : Staff has published a job announcement for position of City Attorney. The City Charter stipulates that the City Attorney will be hired by the Council in consultation with the City Manager . The City Council needs to decide whether to review and study all resumes or have the City Manager screen to select three or four applicants for face to face interviews . A motion was made by Councilman Simmons to table this item. Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor to table. RENEWAL OF EMPLOYEE GROUP HEALTH/LIFE INSURANCE WITH BLUE CROSS BLUE SHIELD OF TEXAS: The City has received a new rate structure for another year , beginning February 1 , 1991 from Blue Cross Blue Shield of Texas . This rate structure does allow for a 15% increase for employees and for dependent coverage. The City is currently paying for employees insurance and $70 .00 per month for dependent coverage. Staff recommends renewal of the group health/life insurance with Blue Cross Blue Shield, with rate for employee $152 .31 per month ( includes health , dental prescription card and life) and the rate for dependent coverage is $280 .95 includes health, dental and prescription card) per month. This increase is 5% to 10% lower than other cities are getting on their renewals . A motion was made by Mayor Pro Tem Hughes to approve the group health/life insurance with Blue Cross and Blue Shield for period from February 1 , 1991 through January 31 , 1992 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . COMPLETE APPOINTMENTS TO WYLIE MASTER PLAN/GOALS COMMITTEE: Councilwoman Stemple nominated James Deihl , Frances J. Norris , and Jayne Taylor . Councilman Wible nominated Reta Allen. A motion was made by Councilman Martin to appoint the citizens listed above to the Wylie Master Plan/Goals Committee. Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER REGULAR MONTHLY MEETING WITH COLLIN COUNTY COMMISSIONERS COURT (MONTHLY COORDINATION MEETING) : Mr . Jerry Hoagland has called and requested a meeting on January 22 , 1991 at 12: 00 A.M. (noon) at the Steak House . Staff will need to know how many will be attending this meeting in order to make the arrangements . A motion was made by Mayor Pro Tem Hughes to have monthly coordination meetings with Collin County Commissioners Court . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . REPORT ON NEGOTIATIONS WITH TCI CABLEVISION ON NEW FRANCHISE AGREEMENT : Staff has met with Mr . Charles Hembree, State Manager of TCI Cablevision of Texas , Inc. After our discussion , it was decided to draft a new Franchise Agreement that would be in full compliance with Cable Television Communication Act of 1984 . Mr . Hembree has agreed to increase the franchise fee from 3% to 5% and to extend the franchise fee to cover all programs not just basic services. This will generate significantly more revenue from the present . This Franchise Agreement will be presented to Council on January 22 , 1991 and Mr . Hembree will be present for the meeting . DESIGNATION OF AN ACTING CITY MANAGER IN_ COMPLIANCE WITH THE CITY CHARTER: Article 4 , Section 1 , Subsection D of the City Charter stipulates that the City Manager , shall within thirty days of taking office , file with the City Secretary an alternate to perform the duties of the City Manager in the case of his absence or disability. The City Council shall ratify the City Manager' s designated alternate. City Manager Bill Dashner stated his designee is Mrs . Carolyn Jones. A motion was made by Mayor Pro Tem Hughes to approve Carolyn Jones , as the designee of Acting City Manager as addressed in the City Charter . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - against , Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with Five (5 ) in favor and two (2 ) against . APPROVAL OF AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN WYLIE DEVELOPMENT CORPORATION, INC. AND THE CITY OF WYLIE: There are eight (8) different type services to be provided by the City in this agreement . The are as follows : 1 . 20 X 25 office in City Hall and regular janitorial services and utilities at a cost of $50 .00 per month. 2 . Telephone and fax service, cost is whatever the usage is, based on bills remitted from GTE and in house fax fee. 3 . Full time receptionist and full time secretarial services at NO CHARGE. 4 . Conference Room, City Council Chamber usage - NO CHARGE 5 . Accounting Service - fee would be whatever would be charged by City' s accounting firm. 6 . Bookkeeping services provided by City of Wylie, through Finance Director at NO CHARGE. 7 . Purchasing services through the City ' s Purchasing Agent at NO CHARGE. 8 . Mail Services - cost is whatever the mail usage would be. Staff recommends approval . A motion was made Councilman Martin to approve the above Agreement of services. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . Mayor Akin called for a five (5) minute break , and when Mayor Akin reconvened the meeting Citizen Participation was moved forward on the Agenda to this point. CITIZEN PARTICIPATION: Mayor Akin invited the Citizens of Wylie wishing to address the Council to come forward, to state their name and address for the record and to keep their comments to within five (5) minutes. Mr . James Johnson , former Finance Director , spoke to the Council regarding his termination and presented Mayor Akin with a letter requesting a public hearing . Mr . Bud Naish of 516 Rustic Place, addressed the Council concerning Mr . Johnson ' s termination. Mr . Jesse Vance of 502 S. Jackson addressed the Council on items for the Agenda . Councilman Wible requested the following items be on the next agenda , Volunteer Firemen that were dismissed be re- instated and a lease Agreement with WSA for usage of Akin Pavilion for $1 .00 per year . Mr . Glen Edwards of 613 Andersonville addressed the Council regarding City Manager and two Council Members leaving the meeting . Mr . Marvin Carlisle addressed the Council of problems and concerns of the City and WSA. Mr . George Fournier of 53 Gary Way addressed the Council on changing meters out at Southfork Mobile Home Park. Mrs . Wanda Ellis of 511 Hilltop spoke in favor and the City Manager and the work he has done. Mrs . Cheryl Edwards of 613 Andersonville addressed the Council on what she has tried to do for the City of Wylie regarding environmental issues. Mr . Choya Tapp addressed the Council about things he did not approve of . There being no one else wishing to addressed the Council , Mayor Akin closed Citizen Participation and moved back to the regular agenda . STATUS__ REPORT ON INGRESS/EGREE TO HIGHWAY 78 FOR BROOKSHIRE, ECKERD AND THE HOSPITAL: City Manager Bill Dashner stated that negotiations continue on trying to find an equitable solution to this issue . The City has been meeting with the hospital officials and representatives from Brookshire, however , a final agreement has not been met . The hospital has sent an Agreement to Brookshire' s for approval with the following stipulations , but it has not been signed : 1 . Brookshires will commit to expend all monies necessary to grade and widen the hospital ' s existing private road to 70 feet and will construct raised concrete medians along the length of the road in order to separate ingress and egress to both properties . All final plans for this to be approved by the Hospital . 2 . Brookshires will commit in writing to fully support the hospital ' s need for an I-78 curb cut and stacking lanes at its main entrance just south of the private road entrance to handle at least three (3) cars and this support will include, at a minimum, written correspondence supporting the hospital ' s need for the I-78 curb cut and stacking lands and trip(s) to the local and state offices and hearings by an officer of Brookshires whenever reasonably requested by the Administrator of the hospital . 3 . Brookshires will commit to paying monetary penalties if any Brookshires employees are vendors/suppliers use any of the hospitals driveways or parking lots for ingress and egress. As stated before, this agreement has not been signed . TEXAS DEPARTMENT OF HEALTH RESPONSE TO PHASE II TESTING AND MONITORING AT LANDFILL LOCATION : Mr . David Bauchanan from the State Health Department reported on October 17 , 1990 Texas Health Department requested a number of items to be done at the Landfill . All of these things have been taken care of and has given the okay to plug several wells and drill the new wells . City Manager Bill Dashner stated that the response received from the Texas Health Department on our progress in testing and monitoring the landfill site, is a very positive report and State Department has stated "appreciates the diligent with which the City and consultants have pursued this requirement . PAYMENT OF CLAIM FOR NOVEMBER SERVICES TO JONES & NEUSE FOR PHASE II LANDFILL TESTING AND MONITORING: This claim is in the amount of $5 ,611 . 13 and is for services performed at the landfill as a part of the closing procedures required by the State Health Department and State Water Commission. A motion was made by Councilman Martin to approve the payment request for Jones & Neuse for Phase II Landfill testing and monitoring in the amount of $5 ,611 .13 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes- in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER SELECTION OF OPTIONS PRESENTED BY NORTH TEXAS MUNICIPAL WATER DISTRICT ON CONSTRUCTION OF REGIONAL WASTEWATER TREATMENT PROGRAM: North Texas Municipal Water - - -- - - - - - - - - District has requested the City to select a program for the construction of a Regional Wastewater Treatment Plant construction program. There are four options available for Wylie, Murphy, Sachse, Rowlett and Garland. There are two phases, Option One- A. is to work only as an advisor to all cities in developing an acceptable new contract for service with Garland; B. work with Muddy Creek Steering Committee on an organization and contract for construction and operation of a plant on Muddy Creek to serve Wylie, Murphy, Sachse and Rowlett ; C. work with Sachse and Rowlett for construction and operation of a plant on Muddy Creek; D. work only with the cities of Wylie and Murphy for a future plan on Muddy Creek and Option two - funding - A. pro-ration based on 1990 census population; B. pro-ration based on wastewater flows ; and C. equal percentage based on number of participating cities . A motion was made by Councilman Wright to approve Option One, Item B - to work with Muddy Creek Steering Committee on an organization and contract for construction and operation of a plan on Muddy Creek to serve Wylie , Murphy, Sachse, and Rowlett and Option Two Item B - pro-ration based on wastewater flows . This motion died for lack of a second . A motion was made by Councilman Simmons to approve Option One, Item B - to work with the Muddy Creek Steering Committee on an organization and contract for construction and operation of a plant on Muddy Creek to serve Wylie, Murphy, Sachse, and Rowlett and Option Two , Item A Pro- ration based on 1990 census population . Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with six (6 ) in favor , and one (1) against . CONSIDER INSTALLATION OF STOP SIGNS ON WINDING OAKS AT ANN STREET AND WINDING OAKS AT KATHY STREET: The City staff 'has received formal request from citizens in the above referenced area . The citizens have requested that the City consider installation of stop signs at the above referenced intersections . A study has been done by the Police Department and Public Works Department and results are that these two intersections should have stops signs installed. This would be beneficial and would help slow traffic to the 30 miles per hour speed limit . Staff recommends approval in compliance with Section 17 . 13 of the City of Wylie Ordinances . A motion was made by Councilman Martin to approve the installation of stop signs on Winding Oaks at Ann Street and Winding Oaks at Kathy Street . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER FINAL PAYMENT AFTER TERMINATION TO SHIPLEY AND INHOFE : This final pay request is in the amount of $2 , 501 .38 . A motion was made by Mayor Pro Tem Hughes to approve the final payment request in the amount of $2 ,501 .38 to Shipley and Inhofe. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER CONTRACT FOR AMBULANCE SERVICE BETWEEN CITY OF WYLIE AND A-1 AMBULANCE SERVICE INC. : This contract has been reviewed by the City Attorney and calls for $128 ,400 subsidy per year . The term of this contract is from December 15, 1990 to December 15, 1992 . All provisions have been complied with by A-1 Ambulance Service, Inc . Staff recommends approval . A representative from Central Ambulance requested to address the Council . It was stated that the Council did not interpret the Central Ambulance bid as it should have been. This bid was on a higher grade level than what you have accepted and therefore was a large subsidy. It was noted for record that the bid award has already been made and this was action to finalize the contract with the ambulance service that was awarded the bid. A motion was made by Mayor Pro Tem Hughes to approve the contract with A-1 Ambulance Service, Inc . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - against , Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor and Councilman Simmons - in favor . This motion carried with five (5) in favor , and two (2 ) against . ACQUISITION OF THREE (3) CONSTRUCTION EASEMENTS FOR THE SANITARY SEWER LINE TO NEWPORT HARBOR ESTATES AND .PROGRESS REPORT ON THE REMAINING TEN (10) : The City to date has acquired thirteen construction easements in order to lay the sewer line to Newport Harbor Estates. The three easements before Council today are: 1 . Mr . Bob McBride - $650 .00 2 . Mr . Dean Raynor - $500 . 00 3 . Mr . Terie Jones - $500 .00 This leaves the City with ten more easements to acquire. Of these ten (10) , seven (7 ) are out for signatures, two (2) are still working with tenants . One (1 ) easement is presenting problems that is the one controlled by Mr . C. T. Beckham and Michael Singletary. A motion was made by Councilman Simmons to accept the three easements listed for construction of the sewer line to Newport Harbor . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . METHOD OF FUNDING FOR WASTEWATER TREATMENT PLANT IMPROVEMENTS IN COMPLIANCE WITH THE AGREEMENT WITH NORTH TEXAS lkUNICIF4L WATER DISTRICT: The City Council authorized improvements to the wastewater treatment plant operated by North Texas Municipal Water District . At the time the Council approved this expense of $72 , 100 no funding source had been identified . North Texas Municipal Water District is requesting that these funds be transferred as soon as possible . After discussion with the City' s financial advisor , First Southwest Co . , staff is recommending this sewer system improvement be paid for out of funds available in the 1990 $3 . 5 million issuance. There is currently a balance in this account of $1 .5 million. Motion was made by Councilman Simmons to approve the funding of $72 ,100 to North Texas Municipal Water District for sewer improvement out of the funds from the $3 . 5 million issuance. Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - against, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with six (6 ) in favor and one (1 ) against . APPROVAL_ OF PHASE 1 CAPITAL STREET IMPROVEMENT PROGRAM AND AUTHORIZE SEAL COATING BASED ON ANNUAL BID COST AND APPROVE INVENTORY OF STREETS TO BE IMPROVED: In the FY91 budget the Council allocated $55 ,000 for asphalt and $31 ,940 for emulsion. Staff is recommending to Council , authorization for $40 ,000 from asphalt account and $30 ,000 from emulsion account in order to do $70 , 000 worth of seal coating of streets. The annual asphalt bid the City received was from Bolin Construction Company at $2 . 50 per square yard. There is a schedule that will be followed on the streets to have seal coating which was based on usage and condition. A motion was made by Councilman Simmons to approve the Phase 1 Capital Street Improvement Program. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with six (6 ) in favor , and one (1 ) against . RESULTS OF TESTS CONDUCTED ON SERVICE CENTER UNDERGROUND STORAGE TESTS : On December 17th Petro/Chem Environmental Services tested all the piping on the underground gasoline storage tanks . The test results indicated there is no leakage. This positive result means that the City is in compliance with State and Federal laws until October 26 , 1991 in which financial responsibility regulations which apply to the City' s four tanks goes into effect . The cost of this testing was $600 .00 . CONSIDER WATER CONSUMPTION AT SOUTHFORK MOBILE HOME PARK AND AVERAGE MONTHLY BILLING AND CONSIDER AUTHORIZING_ PLACEMENT OF TWO (2 ) MASTER METERS: The previous twelve (12) months showed a total water consumption for Southfork Mobile Home Park of 30 ,852 ,847 gallons . For water only we billed $94 ,337 .91 with a total water/sewer/trash bill of $254 ,562 .49 . Based on 780 trailers , the average water usage (monthly) per trailer 3 , 296 gallons with average monthly bill per trailer of $10 .08 for water only and average monthly bill per trailer of $27 . 20 for water/sewer/trash. After reviewing all the files and the problems that have been brought before Council , staff recommends the following : "The owner of the Park be notified that two (2) four inch (4) master meters will be installed and that he will be responsible for payment of all metered water to the Park. The owner can purchase the 780 meters from the City or have the option to purchase and install his own meters . The owner will be responsible for collection of all water bills not the City. All individual meter deposits should be returned to residents. It is estimated that the City is losing approximately $85 ,000 per year in unrecorded water loss, data processing time, manpower , materials and effort and distance from the City dedicated to these 780 meters located on private property. The City should have a consistent policy on Mobile Home Parks , not make an exception for Southfork Mobile Home Park" . A motion was made by Councilwoman Stemple to approve the two (2 ) four (4 ) inch master meters at Southfork Mobile Home Park and give the owner the option of buying the meters from the City or purchasing new meters elsewhere. Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER SEALED BIDS ON PURCHASE OF LAND FOR FUTURE SITE FOR CITY ' S SERVICE CENTER: A motion was made by Councilman Wible to table this item. Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor to table . There being no other items of business , a motion was made to adjourn at 11:55 P.M. John W. Akin , Mayor ATTEST: Carolyn Jones , City Secretary It, CITY COUNCIL SPECIAL MEETING - MINUTES JANUARY 14 , 1991 The City of Wylie City Council met in a Special Called Meeting on Monday, January 14 , 1991 in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John W. Akin, Mayor Pro Tem Don Hughes , Council Members Percy Simmons, Pat Stemple, Steve Wright , Chuck Wible and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones , City Engineer Paul Beaver . Mayor Akin called the meeting to order and gave the invocation . CONSIDER REINSTATEMENT OF TERMINATED FIRE FIGHTERS: City Secretary Carolyn Jones was instructed to a letter from the City Attorney regarding the Fire fighters , this letter is to be attached to the minutes of this meeting . Steve Bisbee - 301 W. Kirby - resigned from the Fire Department, was not terminated , but spoke in favor of reinstatement of the Fire fighters terminated . Choya Tapp - 2250 Sachse Road - was terminated from the Fire Department and spoke in favor of reinstatement of the Fire fighters terminated . Helen Reiter - 109 N . Carriage House Way - voiced concern about not having a fire department . Fire Chief Jim Lynch stated that there are four (4) certified fireman out of 28 Volunteers today. A motion was made by Councilman Wright to recommend to City Manager the re-hiring of all terminated Volunteer Fire fighters . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - against, Councilman Wible - in favor , Councilman Martin - against , Councilman Wright - in favor , Councilwoman Stemple - against , and Councilman Simmons - against . This motion was denied with three (3 ) in favor , and four (4) against the reinstatement of terminated fire fighters . CONSIDER REINSTATEMENT OF FORMER FINANCE DIRECTOR, JAMES JOHNSON : Mr . James Johnson of 1404 Wyndham requested a public hearing before the Council for reinstatement as Finance Director and to be given reasons for his termination. A motion was made by Mayor Pro Tem Hughes to deny request for reinstatement as Finance Director . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - against, Mayor Pro Tem Hughes - in favor , Councilman Wible - against , Councilman Martin - in favor, Councilman Wright - against , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with four (4 ) in favor of the denial of reinstatement of Finance Director and three (3 ) against . CONSIDER LEASE AGREEMENT BETWEEN THE CITY OF WYLIE AND WSA FOR $1 .00 FOR AKIN PAVILION : Staff received a letter from Texas Wildlife Department on conversion of Community Park facilities to a private organization. This process is known as conversion. There are certain steps necessary if the City Council converts Akin Pavilion from public use to private use. The City of Wylie received a 50/50 matching grant to construct these facilities . The State has stated // that it is possible with State approval to turn public facilities over to private use if exact same facilities are constructed to served the same purpose. All of this must be approved prior to turning over the facilities. If the City goes ahead without State approval the State can ask for 100% reimbursement on the original grant . Mrs . Oveta Vardell , Vice President of WSA, addressed the Council regarding the use of Akin Pavilion . Mayor Pro Tem Hughes suggested that WSA set a portable building up in the Park for storage . A motion was made by Councilman Simmons to allow WSA to use the back of the Community Room for storage for a period of one year with out charge and during this time period should find a portable building for their storage at the Park. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ACCEPTANCE OF CITY MANAGER ' S RESIGNATION: Tina Sorrells - 204 S. 4th; Robert Flint - 408 E. Gaston spoke in favor of the City Manager and the things that have been done for Wylie since his employment . Joe Masters - 110 Douglas; Helen Reiter - 109 N . Carriage House Way; John Spillyards - 301 N. Jackson; Jesse Vance - 502 S. Jackson; Choya Tapp - 2250 Sachse and Lela Pendergrass - 309 Hilltop Lane spoke against the City Manager and asked the Council to accept his resignation. A Council Member stated that six months ago these seven members hired the City Manager and gave him priorities and he has been doing exactly what the Council has told him to do. A motion was made by Councilman Martin to deny letter of resignation and to schedule a work session for Council to work out the problems . Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - against , Mayor Pro Tem Hughes - in favor , Councilman Wible - against , Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with four (4) in favor . of denial of letter of resignation and three (3) against . ALTERNATE FUNDING SOURCE FOR MCCREARY ROAD/BROWN STREET PROJECT BASED ON CITY ATTORNEY OPINION: The City Attorney has advised that the Perimeter Street Fund Account is a restricted fund and thus money should not be borrowed from this account . The City Auditor advised me that it would be appropriate but since we have a legal opinion I am compelled to recommend another funding source which is: The City Audit FY90 in the General Fund carried over $390 ,425 as a fund balance as of September 30 , 1990 . The City Auditor has recommended $80 ,300 of this money be used. This money was not earmarked as a line item allocation. It was money carried over to help fund City operations for FY91 . A motion was made by Councilman Simmons to approve the $80 , 300 from General Fund monies carried over from FY90 Audit. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . There being no other matters for discussion, a motion made to adjourn at 9 :25 P.M. with all in favor . John W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary CITY COUNCIL MEETING MINUTES JANUARY 22 , 1991 The City of Wylie City Council met in regular session on Tuesday, January 22 , 1991 at 7 : 00 P.M. in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John W. Akin, Mayor Pro Tem Don Hughes , Council Members Chuck Wible, William Martin and Pat Stemple, City Manager Bill Dashner, City Secretary Carolyn Jones , City Engineer Paul Beaver , Acting Finance Director Prudence Kling , Code Enforcement Officer Ed Richie. Two council members were absent, Councilman Percy Simmons was out due to illness and Councilman Steve Wright was called to his Navy Reserve Unit . Mayor Akin called the meeting to order and Ann Johnson, Intern Pastor of Wylie United Methodist Church gave the invocation, which was followed with the Pledge of Allegiance. APPROVAL OF MINUTES OF DECEMBER 11 , 1990 COUNCIL MEETING: There being no corrections or addition to the minutes, a motion was made by Mayor Pro Tem Hughes to approve as submitted . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . PRESENTATION OF PROCLAMATION FOR AMERICAN HISTORY __M_ONTH - FEBRUARY, 1991 : Mayor Akin read the Proclamation into the record as follows : WHEREAS, The backbone of this great nation of America is its history , upon which all of our accomplishments are abased; and WHEREAS, American History must be preserved and remembered by all , young and old; and WHEREAS, The Daughters of the American Revolution is now and always has been a living history of the growth of our nations, and stresses the importance of remembering American History through such valuable community services as educational programs , essay contest and such; and WHEREAS, Both the importance of remembering American History, and the contributions made to our society by the Daughters of the American Revolution should be duly noted , NOW THEREFORE, I , JOHN W. AKIN , MAYOR OF THE CITY OF WYLIE, TEXAS do hereby proclaim the month of FEBRUARY, 1991 to be AMERICAN HISTORY MONTH IN WYLIE, AND I urge all Wylie residents to join with me this month in recognizing the importance of American History in our lives, and in recognizing the community service performed by the Rockwall Chapter , Daughters of the American Revolution, in our area. Mayor Akin presented the proclamation to Mrs . Agnes Dempsey. RECEIVE AND ACKNOWLEDGE UNDER SEPARATE COVER FY 90 FISCAL YEAR CITY AUDIT: John Mares of Brosowske , Mares , Smothermon and Company gave a presentation on the FY 90 Fiscal Year City Audit . Mr . Mares stated that the City should be proud of the Certificate of Achievement for Excellence in /2 Financial Reporting . This was received by the staff doing a lot of hard work. Mr . Mares stated that the staff was very helpful during the audit and thanked everyone for their help. Mr . Mares stated that during the year of 1991 there will be a large increase in debt service, over last years debt service. There was a study done on water and sewer rates at the time the bonds were issued and it was recommended to Council to increase these rates to take care of the debt of the bonds . Mr . Mares said there was no rate increase at that time. Over all the financial records are in very good shape and your budget reflects that . CONSIDER ACQUISITION OF NINE (9) SEWER LINE EASEMENTS FOR THE NEWPORT HARBOR SEWER LINE CONSTRUCTION: These easements are as follows: Federal Deposit Inc. Corp . Holley Development , Inc . (2) Verna Douglas & Bruce McDonald Gerald Lewis (2) Ronald Lewis Bruce Morris A. J . Daugherty , Et Ux The total cost of these nines easements is $960 .00 . Staff recommends acceptance of the easements . A motion was made by Mayor Pro Tem Hughes to accept the nine easements as listed above. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . CONSIDER CONDEMNATION ACTION BY RIGHT OF EMINENT DOMAIN IN ORDER TO ACQUIRE TWO (2 ) NEWPORT HARBOR SEWER LINE EASEMENTS: These easements are from Mr . C. T. Beckham and Texas Commerce Bank (7 lots) and are needed to comply with the State Mandated requirements . Staff is still working with these property owners in trying to come to an agreement for these easements . Staff would recommend the approve for condemnation action by right of eminent domain in order to acquire these easements . A motion was made by Councilman Martin to approve condemnation of two easements and to continue to negotiate for these easements . Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . FINANCIAL REPORT FOR PERIOD ENDING DECEMBER 31 , 1990 - 3RD MONTH OF FISCAL YEAR: The City has received in revenues $1 ,725 ,784 which is 28 .98% of the budget , and has expended $1 ,110 , 332 or 18 .65% of the budget . The City is showing a positive balance of $615, 452 . REPORT ON CITY OF WYLIE INVESTED FUNDS AS OF DECEMBER 31 , 1990 AND UNINVESTED BALANCES IN OPERATIONAL ACCOUNTS AS OF JANUARY 2 , 1991 : The City has a total of $3 ,120 ,000 . funds invested and $668 ,846 . 80 in uninvested funds (operational accounts) The uninvested funds or operational accounts are in NOW accounts and are drawing 5% interest . AN ORDINANCE AMENDING ORDINANCE NO. 90-18 AND LOWERING WATER AND SEWER RATES EFFECTIVE MARCH 1 , 1991 : Staff has consulted with Frank Medanich of First Southwest and the City can do the following to reduce water rates. Of the 1990 $3 ,5000 ,000 bond fund , place $1 ,000 ,000 in the interest and sinking fund account to draw interest at an annual rate of 8% per year . This would generate $80 ,000 per year . The $80,000 divided by 2 ,884 (number of meters billed) divided by 12 billings per year equals $2 .31 per /1 bill per month. The present minimum monthly water bill (water only) is $7 .15 if reduced by the $2 .31 the minimum monthly water bill would be $4 .84 per month (water only) . The sewer bills could be reduced by lowering the pass thru sur charge of $2 .00 , $5 .00 , or $7 . 50 depending on residential usage or commercial . Water consumption 0 to 2 ,000 gallons at no charge , from 2 ,000 plus gallons to be reduced by $2 .69 for residential and commercial . This would mean the pass thru sur charge would be $2 . 31 residential and commercial would be $4 . 81 . This would be a total savings per monthly bill of $5 .00 . At the time the last Certificate of Obligations were issued , Mr . Binford recommended a rate increase and Council approved $6 .50 up to $7 . 15 on water . A motion was made by Councilman Wible to table until 1st meeting in April . Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor to table. AWARDING LOWEST AND MOST RESPONSIVE BID PROPOSAL FOR THE PREPARATION OF AN UPDATED OFFICIAL ZONING MAP AS PRESCRIBED BY THE CITY CHARTER : Staff received two bid proposals as follows : Helmberger Associates bid not to exceed $10 ,134 .66 J . T. Duncan & Assoc . bid not to exceed $12 ,405 .00 Staff recommends bid award to Helmberger in the amount of $10 , 134 .66 . Since this is not a budgeted item, staff recommends funding as follows : Community Development Budget City Attorney $ 892 .00 Contractual Employment 1 ,000 .00 Travel & Training 2 , 000 .00 Data Processing 750 .00 $ 4 ,642 .00 City Manager Budget Office Equipment $ 1 ,000 .00 $ 1 ,000 .00 Engineering & Planning Budget Engineering Services $ 4 ,492 . 66 $ 4 ,492 .66 Total $10 ,134 .66 A motion was made by Mayor Pro Tem Hughes to award bid to Helmberger & Associates in an amount not to exceed $10 , 134 .66 . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , and Councilwoman Stemple - in favor . This motion carried with al in favor . APPOINTMENT OF HOME RULE CHARTER REVISION COMMITTEE: As discussed at an earlier meeting , the following members constituted the 1st Charter Committee: C. Truett Smith, Chairman James Blakey Carol Barry Judy Trimble John Seeley Jayne Chapman Perry Robinson Carey Gooch Roy Randolph Dennis Kauffman A motion was made by Councilman Martin to have staff contact these ten citizens and appoint them to the committee if they are willing to serve . Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . PROGRESS REPORT ON MASTER METERING SOUTHFORK MOBILE HOME PARK: City Manager Bill Dashner stated that a letter was sent out twice to the owners of record of Southfork Mobile Home Park. These letters were sent by registered mail but as of this date staff has had no response. Staff is sending out letters to all Southfork Mobile Home Park water customers . A RESOLUTION TO UNITED STATE ENVIRONMENTAL PROTECTION AGENCY REGIONAL OFFICE: This resolution is inquiring on the necessity for further research and testing on certain areas of the City where major studies and research have already been conducted and inquiries into funding sources and extent of testing and research . Mayor Akin requested the City Secretary to read the Resolution into the records. A copy of this resolution will be attached to these minutes in the official minute books . A motion was made by Councilman Martin to approve the resolution as read . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , and Councilwoman Stemple - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Akin invited residents of the City of Wylie wishing to address the Council to come forward at this time, to state their name and address for the record and to keep their comments with in five minutes. Any discussion must be limited to placing the item on a future agenda for further consideration. Mayor Akin read a letter received from Crisis Center in Plano thanking Council for their contributions. Jim Swartz of 506 W. Jefferson addressed the Council on the Audit and Finance Director . Mrs . Choya Tapp of 2250 Sachse Road , addressed the Council on what her husband has done for the City of Wylie . There being no other matters of business, a motion was made to adjourn at 8 :43 P.M. with all in favor . John W. Akin , Mayor ATTEST : Carolyn Jones , City Secretary I' PARK BOARD MEETING MINUTES JANUARY 28 , 1991 The City of Wylie Park Board met in regular session at 7 : 00 p .m. on Monday , January 28 , 1991 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 . Members present were Chairman Bryan Glenn , Vice Chairman B . J . Upshaw , Members Peggy Sewell , Willie Calverley , Charles Stetler , and John Burns . Staff members present were Parks and Recreation Director Bill Nelson and Secretary Sandy Stevens . Scott Brown was absent . CONSIDER APPROVAL OF MINUTES FROM THE JANUARY 14 , 1991 WORK SESSION. Vice Chairman B . J . Upshaw made a motion for the minutes to be approved as they 7_ Land . Charles Stetler seconded the motion . Motion carried with all in favor . STATUS REPORT: A) KIRBY PARK IMPROVEMENTS . Director Bill Nelson stated that the swings are on order and expected to arrive soon, wood chips were being put under thy, playground equipment the following morning , the merry-go-round and picnic tables have had been repaired and painted , the volleyball poles have been welded in place and the drinking fountain is to be picked up in Garland this week . Headed that four Crepe Myrtles have been transplanted from City Hall , the flower bed has been cleaned out and the sprinkler system has been drawn up and almost ready for bids . Mr . Nelson said the grass will be planted after the sprinkler installation . B) WOMEN ' S LEAGUE TREE DONATIONS . Mi: . Nelson said that he received $195 . 00 for: the purchase of three trees . He said he bought a Live Oak and a Red Oak for Community Park and a Yaupon Holly tree for Kirby Park . C) HWY . 78 TREE INSTALLATION. Mr . Nelson said that 46 Bradford Pears , 3 Live Oaks and 13 Crepe Myrtles haves been delivered to Public Works . He added that. 48 more Crepe Myrtles are due to be received soon . D) COMMUNITY CENTER AND LIBRARY IMPROVEMENTS. Director Nelson stated that the shrubs and trees had been removed from the library bed and the bed had been tilled . He added that Public Works :i.nstA led 2" ::leove under the sidewalks for waterlines and lighting lines to be fed through the conduit . E)AKIN ROAD PROJECT. Mr . Nelson said that this project is on hold until the street department completes their work . F)VALENTINE PARK - LETTER MAIL OUT. Mr . Nelson explained that he is working on a l ettei to he mailed out to the perimeter residents of Valentine Park , addressing their opinions of making it a passive playground and park . /7 . G) W. S.A. 1) AKIN PAVILLION, COMMUNITY CENTER, CONCESSION STAND. Mr . Nelson said that all of the equipment is to be moved out of the Akin Pavillion by Monday , February 4th and will be stored in the Community Center storage area . He said that the main items to be moved from the Concession Stand are 2 refrigerators , 1 ice machine and some miscellaneous things , but there is no set date yet . 2 ) FENCE INSTALLATIONS . Mr . Nelson said he is waiting to hear from the W . S . A . as to when they will be installing the fence . He added that he told them they need to talk to the Code Enforcement. Dept . for specifics on the fence . 3 )BACKSTOPS (COMMUNITY PARK MASTER PLAN) . Mr . Nelson said he will discuss this with 1110 community Park Master Plan discussion because it overlaps . H) PROPOSAL FOR ATHLETIC FIELD USAGE. Mr . Nelson stated that he had turned a proposal in for Mi . Dashner ' s approval earlier that. clay . He added that U. 6.=ti ri goal is to be fair for everyone using the f i el ds . The question was asked if the fee would be retreact i_ve and i i the W . S . A. would be allowed to trade equipment for the fee . I ) RECYCLING PROGRAM FOR CITY . Director Nelson said that the City has BFI working on a curbside recycling ing program. He added that he will continue researching various such projects . DISCUSS POSSIBLE USAGE OF PROPERTY DONATED BY SANDEN . Director Nelson said someone needs to meet with a Sanden Representative to try to get more uphill land , east of the flood area already donated , before developing it . He added that it would be good for nature trails and picnic tables , but the top of the hill would be needed for a parking lot . It was stated that the most expensive part of the project would be the parking area , but the trails and tables would be inexpensive to develop . The suggestion was made that a member be present at the meeting with the Sanden Representative . Chairman Bryan Glenn volunteered to attend the meeting with Bill Nelson . DISCUSS LAKE LAVON PARKS. Mr . Nelson said he feels this should be postponed until other points of interest are met . He sa.icl he is unsure of any of f.ei of something for Si. a year and then the city becomes responsible for the maintenance . The board agreed that much more research needs to be done into the maintenance costs , the budget proposed for it and possible uses of the parks . DISCUSS COMMUNITY PARK MASTER PLANS. Mr . Nelson said that the map was drawn in June 1979 . He added that it doesn ' t serve the need as an athletic facility . Mrs . Peggy Sewell stated that when the map was drawn , Wylie wasn' t as large as it is presently and it met the needs for that time . Vice Chairman Upshaw said that the park needs more parking lots , accesses and soccer fields . Mr . Nelson stated that he would work with the High School and determine if possibly their parking lot could join the park ' s , allowing for more parking area . The question was raised if the City would be held liable if emergency equipment were unable to get through the roads . The members agreed that the roads and accesses needed to be worked out before starting the soccer fields . Vice Chairman Upshaw said a water system and seeding is needed to make the fields playable at the present time . He suggested using volunteers to save money . Chairman Glenn said to get the fields playable until the roads are decided upon . Mr . Nelson suggested using temporary or portable backstops . Chairman Glenn said they are too small and inadequate for anything besides tee-ball . Mr . Nelson stated that Mr . Flowers had drawn some that would be foldable , movable and could be anchored down . He added that they would cost several hundred dollars to construct each one . Vice-chairman Upshaw suggested wrapping net around the soccer goals for backstops for the tee-ballers . ADJOURN. Mrs . Sewell made a motion to adjourn . Vice- chairman Upshaw seconded the motion . Motion carried with all in favor . .-" � Bryan Glenn, Chairman Respectfully submitted, (;C �` ' L ` • � Sa4dy Stevens , Secretary MEMORANDUM DATE: February 28 , 1991 TO: City Council FROM: Bill Dashner , City Manage414,4,..w RE: Presentation of Certificate of Appreciation To Robert B. Stemple for His Time and Hardwork Spent in Landscaping The Veterans Courtyard Jo I• Titu ni i; I. gift (llutifitate Apprectatuin ,f ( dlhis iB to certifu tt1ot I lk),GGert 6tinyCe io tiercbn recognt3eb for Work, came IA tat, ' htrct5 Court arc tittitr404 rWtiCALttiV�ticti MAYORJohn .arc1>< 1 19,1 t MEMORANDUM DATE: March 4 , 1991 TO: City Council FROM: Bill Dashner , City Manage RE: Special Recognition for Officer Don McCarter , Wylie Police Department for Outstanding Achievement In January of 1990 , Officer Don McCarter , in a routine traffic stop showed outstanding performance . His diligence led to the arrest and apprehension of individuals involved in illegal narcotic trafficking . Through Officer Don McCarter' s outstanding law enforcement procedures the City Police Department ' s budget has been enriched by $49,500 to be spent on much needed department capital items . G2a 1 I 4 }} • 1(gitU ni ' ' iijIti (1ertiftcate ,„ • , Apprectatkvn „ , • „ . aa,,„ is to certify that f • • rckoilaCcCE}/,,c „ . io t�erebn recogni3eb for • j� yrfl ,pcttoiiv Gn ti recover of forf & �GCriA r S �for I� ¶oCt,ce d)cycirtiticnt. rcq 1991 . • MAYOR J04,14, ,,ti 1'ti DATE 073 MEMORANDUM DATE: March 6 , 1991 TO: City Council FROM: Bill Dashner , City Manager114441146 RE: Discuss and Consider Approval of the Proclamation Requiring the Downtown Business District , 100 Blocks of North and South Ballard St . to be Established as a Historic Landmark Area See Attached H Office of the Mayor IIiIir, *rxati x Ltt : Icr29 WHEREAS, Downtown Wylie (what is now designated as the 100 blocks of North and South Ballard Street) best represents the legacy of the commercial center of Wylie; and WHEREAS, City fathers Brown and Burns established their Grocery and Dry Goods store on the northwest corner of Ballard and Oak approximately concurrently with the November 8 , 1987 Incorporation of the City of Wylie, and Downtown was born; and WHEREAS, In the last decade of the 19th Century , a visitor to Downtown Wylie would have seen dirt streets , boardwalks , four saloons, a livery stable , a harness shop, a barber shop, a large hotel , an implement store, a dry goods store and a furniture store; and WHEREAS, By approximately 1910. a thriving Wylie had grown , and the first old wooden buildings had given way to much of what we see today; and NOW THEREFORE, I , JOHN W. AKIN , MAYOR OF THE CITY OF WYLIE, TEXAS, DC PROCLAIM THE 100 BLOCKS OF NORTH AND SOUTH BALLARD STREET A WYLIE HISTORIC LANDMARK and hereafter to be referred to as HISTORIC DOWNTOWN WYLIE and should be designated with an appropriate marker . J►: cvitnesi wIereof fiave Ieztunto set my Iand and cauied staf to be affixed. JOHN W. AKIN, MAYOR ATTEST: CAROLYN JONES, CITY SECRETARY DATE: MARCH 12. 1991 • ` , t; f JV J 1 „ 1� • �� ,1^? ' p�L. `� t ti �� , r w 7 i !I rN'; / f til ! ► ieE t '. ♦ T, -, I ~r ; , t �5 1 , 't!3 , •r�1 ,( � t 1 � .� �r tGf��C �� 'n " t �'•"1:I. �� t ,t` � �''► IA u t�r• t' i �t 1 L�<f 'C,} �J1c 0'6 A J"°Iif TO✓44, ,_, .. {^ a ,, r4t i it a ., �, X�• i 1 " r 'y � 4+ '�• i S �j,'�4��•�it l� •rN! tip. + �Y z x �t i ��ti �. r A d CMG' T pk t t `: �`"�.•: Wk; i ;? x Y:, ,.. , tt i( r t �yy r $ ! t' .G;�w,JM .� .1r .}.rn..,.nr 1�+• R9r r l ..1• ,.y�r.r.t.lU,a'`l'+:.ILf.y�A.ai'7�i�:�r5.�3 �r, d1r � ...r„..�r'gTj ar MEMORANDUM DATE: March 5 , 1991 TO: City Council FROM: Bill Dashner , City ManagerA risg RE: Conduct a Public Hearing aid Adopt an Urgent Need Resolution and Discuss and Consider Authorizing an Urgent Need Grant Application To the Texas Department of Commerce and the Department of Housing and Urban Development For $400 ,000 In Order to Conduct an Infiltration and Inflow Analysis of the City ' s Sanitary Sewer System to Ascertain Problems and Make Necessary and Needed Repairs The City of Wylie for sometime has been experiencing a great deal of infiltration and inflow of storm water and ground water into the City' s underground sanitary sewer system and overloading the sewer treatment plant . The City needs to locate infiltration and inflow points in order to bring about much needed and necessary repairs . The City is being fined for overflow and bypass violations as well as other overflows of the system throughout the City. Funds are available at this time to conduct this study which will include underground televising of lines and smoke tests for City lines and private lines Authorization is requested for the City to submit an application for $400 ,000 which carries no local match . RESOLUTION NO. A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT ASSISTANCE UNDER THE 1990 TEXAS COMMUNITY DEVELOPMENT PROGRAM (TCDP) -URGENT NEED FUND AND DESIGNATING THE CITY MANAGER TO ACT AS THE CITY' S REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY ' S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City of Wylie desires to develop a viable community, including decent housing , a suitable living environment , and/or expanding economic opportunities , principally for persons of low to moderate income; and WHEREAS, certain conditions exist in the City of Wylie which represent an imminent threat to the public health , safety, or welfare as documented by the Texas Department of Health ; and WHEREAS, the City of Wylie has an urgent need to correct the existing health problems in the community; and WHEREAS, funds are available through the 1990 Texas Community Development Program (TCDP) - Urgent Need Fund to alleviate such conditions and to meet community development objectives ; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF WYLIE, TEXAS: 1) That a 1990 Texas Community Development Program (TCDP) grant application is hereby authorized to be filed with the Texas Department of Commerce (TDOC) under the Urgent Need Fund for the following described project : To Conduct an Infiltration and Inflow Analysis of the City ' s Sanitary Sewer System to Ascertain Problems and Make Necessary and Needed Repairs . The City is presently being fined for overflow and bypass violations at the sewer treatment plant and other areas of the City where the City sewer system has defects . 2) That City of Wylie will not contribute matching funds to the project due to a lack of finances and hereby requests the Texas Department of Commerce to fund the project in full . 3) That the City Manager is hereby authorized to act as the City' s representative in all matters in connection with the application and to execute documents in conjunction with the application . APPROVED AND DULY RESOLVED by the City Council of the City of Wylie, Texas on the day of 1991 . APPROVED: Mayor (as authorized by the City Council) ATTEST: Carolyn Jones, City Secretary a$ MEMORANDUM TO: Bill Dashner, City Manager FROM: Paul D. Beaver , Director of Planning & Engineering DATE: March 6, 1991 RE: Urgent Need Application Flow Chart ( Infiltration/ Inflow Problem) Attached is a flow chart for the Urgent Need Application for a grant through the Texas Department of Commerce to accomplish an I / I Survey and related rehabilitation work. URGENT NEED APPLICATION FLOW CHART Tue - 3/12/91 Hold 1st Public Hearing Pass Resolution (Mail out decline letters & obtain data from Engineering) Analyze data. Wed - 3/13/91 Request Tx. Dept Health & Tx. Water Commission to complete Health Evaluation Form. Tue - 3/26/91 Hold 2nd Public Hearing Obtain decline letters. Obtain flow data from Engineering. April - May Complete Application Document 1991 April - May Submit Application to Texas 1991 Department of Commerce (TDOC) 30 MEMORANDUM DATE: March 5 , 1991 TO: City Council FROM: Bill Dashner , City Manage RE: Discuss and Consider Adoption of A Resolution Encouraging and Authoring the Development Corporation of Wylie to Use All Available Sales Tax Receipts for the Construction of And Completion of State Highway 544 and State Highway 78 . Attached is a resolution to the Development Corporation of Wylie encouraging and authorizing the use of sales tax money for acquisition of easements and other costs related to the extension and widening of the two highways . 3 / RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE , WYLIE, TEXAS ENCOURAGING THE CITY OF WYLIE DEVELOPMENT CORPORATION TO USE ALL AVAILABLE SALES TAX RECEIPTS TO PROMOTE AND BRING ABOUT THE CONSTRUCTION OF TEXAS STATE HIGHWAY 544 AND TEXAS STATE HIGHWAY 78 . WHEREAS, the future economic growth of the City of Wylie is directly tied to the widening and extension of State Highway 544 and State Highway 78 and WHEREAS, the City of Wylie Development Corporation was established with the primary goal of supporting and funding economic development in Wylie and WHEREAS, the City of Wylies voted sales tax receipts to be used for economic development . 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 recommends and encourages that the City of Wylie Development Corporation use all available sales tax receipts for the promotion and completion of State Highway 544 and State Highway 78 . SECTION II the City Council of the City of Wylie recommends that in accordance with the Texas Department of Transportation and Collin County Commissioners Court that sales tax receipts received by the Development Corporation could be used for acquisition of needed and necessary highway right-of-way that would speed up and enhance construction of the two major transportation links to Wylie . DULY RESOLVED by the City Council of the City of Wylie, Texas on the day of , 1990 . APPROVED: John Akin , Mayor ATTEST: Carolyn Jones , City Secretary Jot MEMORANDUM DATE: February 28 , 1991 TO: City Council 1111 FROM: Bill Dashner, City Manager L RE: Discuss and Consider Amending FY91 Police Department Budget to Utilize Drug/Seizure Money for Improvements and Enhancements to City Police Department in Compliance With Federal Law as a Supplemental Appropriation In January of 1990 a City Police Officer made a routine traffic stop which lead to the seizure of $55 ,000 worth of assets directly connected to illicit narcotics activities . Under federal law the City receives 90% of this $55 , 000 . A check for $49 , 500 was presented to the City by the U . S . Marshall . Since federal guidelines stipulate the money has to be used within one year and must be used for law enforcement , Chief Gilmore has presented me his request for the use of this money this fiscal year . Therefore, listed below is a budget which calls for expending $43 ,481 of the $49 , 500 for equipment that the department needs but has been unable to acquire in the regular police department budget . I have done an analysis and review of all these capital items and everyone of them are capital items that will carry no ongoing recurring expenses . Therefore, it is my recommendation that the City Council consider approving these expenditures with the remaining portion being placed in the Police Department budget to be used in next year ' s budget during the first four months . ESTIMATED COST EQUIPMENT OR ITEM $ 2 ,000 .00 Convert police radios to their own frequency 3 ,800 .00 Change from present gray uniforms to the traditional police blue uniform 145 .00 Storage lockers for prisoner' s 33 personal possessions . 4 ,000 .00 CCTV cameras and installation for jail area . 350 .00 Microwave to heat food for prisoners , present microwave is too small and worn out 300 .00 Small refrigerator for police break room so personnel can bring lunches . Also evidence use on perishable items . 700 .00 To replace uniform police badges with requested larger size. Present badges are too small and are showing wear . 400 .00 Mug shot camera needed for prisoners . 14 ,000 .00 Recorder for dispatch (used price , if one can be located) . 600 .00 Punch time clock for dispatch indicating day, time received , time arrived , and time cleared automatically 36 .00 1 , 000 cards for use with time clock 200 .00 Portable light for VCR camera for use in crime scenes . 800 .00 One additional police hand- held radio. 300 .00 Shelving for police property room 7 ,900 . 00 Hardware and software, computer , two printers , police records , etc . 5, 000 .00 Purchase used vehicle for CID. Present 1983 Chevrolet has *94 ,000 miles $43 ,481 .00 TOTAL ESTIMATED COSTS MEMORANDUM DATE: March 6 , 1991 TO: City Council 4( FROM: Bill Dashner , City Manage .m0000— RE: Discuss and Consider Pa ment of Claim to Contractor for Phase I Capital Improvement Street Program, Chip and Seal , as Bid Recommended for payment is a claim in the amount of $15 ,766 .08 to Bolin Construction Co . for Phase I , chip and seal , seal coat for Capital Street Improvement Program. The City Council has authorized a program totaling $70 , 000 . This is Phase I which includes the following streets which have been finished with drainage improvements . 1 . Butler - 78 to Ballard $ 2 ,887 .50 2 . Jackson - Butler to College $ 4 , 705 .00 3 . Calloway - Birmingham to Ballard $ 4 , 537 . 50 4 . College - Birmingham to Ballard $ 3 ,636 . 08 $15 ,766 .08 I recommend that this payment be made upon receipt of proper invoice . if MEMORANDUM DATE: March 6 , 1991 TO: City Council FROM: Bill Dashner, City Manage �� RE: Discuss and Consider an Or inance Amending Ordinance No . 90-18 and Lowering Water and Sewer Rates Effective Date To Be Established by the City Council According to Frank Medanich of First Southwest the City of Wylie could do the following to reduce water rates . Of the 1990 $3 , 500 , 000 bond fund , place $1 ,000 ,000 in the Interest and Sinking Fund Account to draw interest at an annual rate of 8% per year . This would generate $80 , 000 per year. The other option available would be to use certain amounts of the principal which is $1 , 000 ,000 . $175 ,000 annually could be transferred into the Utility Fund out of the prinicipal bond amount to offset the loss of revenue by lowering all water and sewer bills by $5 . 00 per month . $80 ,000 applied to debt service thereby reducing the need for revenue out of the utility fund for debt service . $80 ,000 divided by 2 , 884 (number of meters billed) divided by 12 billings per year equals $2 . 31 per bill per month . Present minimum monthly water bill (water only) is $7 . 15 , if reduced by $2 . 31 the new minimum would be $4 . 84 per month . Sewage collection and treatment rates can also be reduced in the following manner . There is a sewer pass thru sur charge of $2 .00 , $5 . 00 or $7 . 50 depending on residential usage or commercial . Water consumption 0 to 2 , 000 no change is recommended , however water consumption exceeding 2 , 000 gallons should be reduced by $2 . 69 per month and commercial accounts by $2 . 69 per month. This would mean a total savings to the rate payers of sewer charges of $93 ,095 .52 annually or $2 . 69 per month for a total savings to the rate payer of $5 .00 per month on sewer and water bills . 36 This $93 ,095 . 52 could be made up by the savings the City will see on an annual basis when Southfork Mobile Home Park is master metered . We have also seen a reduction in water loss from 22% per year down to 15% per year . This is a total of $173 , 095 . 52 in annual water and sewer reductions for the utility customers of the City of Wylie . POSSIBLE REDUCTION FORMULA WATER Monthly minimum charge for the first 1 ,000 gallons of metered water consumption $7 . 15 From: $7 . 15 To: $4 . 84 $2 . 31 (Reduction) SEWER Water consumption exceeding 2 , 000 gallons - residential $5 .00 Nonresidential $7 .50 From: $5 .00 $7 .50 To: $2 . 31 $4 . 81 $2 .69 $2 . 69 (Reduction) Attached is an enabling ordinance 7 ORDINANCE NO. AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS; AMENDING ORDINANCE NO. 90-18; ADJUSTING WATER AND SEWER RATES FOR THE CITY OF WYLIE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL, CITY OF WYLIE, TEXAS: SECTION 1. That Ordinance 90-18 be and the same is hereby, amended by amending Section 1, Subsection B and C as follows: SECTION 1 - WATER AND SEWER A. . . . B. Water Rates 1. . . . . a. Monthly minimum charge for the $ 4.84 first 1,000 gallons of metered water consumption C. Sewage Collection and Treatment Rates 1. . . . . 2. . . 3. . . . . 4. . . . . a. . . . b. Water consumption exceeding 2,000 gallons $2.31 c. Nonresidential customers $4.81 SECTION 6. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. r SECTION 7 . This ordinance shall take effect on the day of , 1991 . DULY PASSED by the City Council of the City of Wylie , Texas , on the day of , 1991 . APPROVED: John W. Akin, Mayor ATTEST: Carolyn Jones , City Secretary ORDINANCE NO. 90 • S/ AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS, ESTABLISHING WATER AND SEWER RATES FOR THE CITY OF WYLIE; AMENDING ORDINANCE NO. 84- 12; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 88-24 AND ALL OTHER ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Ordinance No. 84-12 be, and the same is hereby, amended by amending Section 1, Subsections B and C as follows: "SECTION 1 - WATER AND SEWER A. . . . B. Water Rates 1. The following monthly water rates shall apply to all customers within the corporate limits of the City of Wylie, to wit: a. Monthly minimum charge for the first 1, 000 gallons of metered water consumption $ 7.15 b. Volume charge for all consumption exceeding 1, 000 gallons (per 1, 000 gallons) (1) 1, 001 to 2, 000 gallons (per 11000 gallons) $ 1.82 (2) Over 2, 000 gallons (per 1, 000 gallons) $ 2.55 2 . The monthly water rate charge and sewer rate charge for residential and commercial customers located outside the corporate limits of the City of Wylie shall be at a rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. C. Sewage Collection and Treatment Rates 1. The following monthly sewage collection and treatment rates shall apply to all residential customers of the city, with a maximum charge of Thirty and 30/100 Dollars ($30. 30) per month: a. Monthly minimum charge (first 1, 000 gallons of metered consumption) $10.00 b. Volume charge for all consumption exceeding 1, 000 gallons (per 1, 000 gallons) $ 1.45 2 . A fourteen dollar ($14 . 00) minimum monthly sewage collection and treatment charge for all 1D nonresidential customers shall be in accordance with the above waste surcharge and shall be in addition to the above schedule and in accordance with the details of the industrial waste ordinance. 3 . A sewer fee of eighteen dollars ($18 .00) shall be charged for each apartment unit, multiple family unit or mobile home space in special areas such as washaterias, swimming pools, etc. , where the apartment, multiple family development or mobile home park is on a master meter with the City of Wylie. 4 . In addition to the charges listed above for sewage collection and treatment services, a flat rate pass-through charge shall be applied monthly to each customer account in order to recover the protected annual increase in costs related to debt service requirements for expansion of the City's wastewater treatment plant. In fiscal year 1990- 91, this pass-through charge shall be applied as follows: Residential customers, including each apartment unit, multiple family unit, or occupied mobile home space and special areas such as washaterias, swimming pools, etc. where the apartment, multiple family development, or mobile home park is on a master meter with the City of Wylie shall be subject to a per month charge as follows: a. Water consumption of 0 to 2 , 000 gallons $2 .00 W b. Water consumption exceeding 2, 000 gallons $5.00 c. Nonresidential customers $7.50" SECTION 2. That Ordinance No. 84-12 be, and the same is hereby, further amended by amending Section 1, Subsection G, as follows: "G. Past Due Account Penalty 1. The charges for water and/or sewer service shall be billed and collected monthly as a utility charge payable to the City of Wylie. All charges not paid within sixteen (16) days from the date that the bill is rendered shall be delinquent, except when the sixteenth (16th) day falls on Saturday, Sunday, or legal holiday under which condition such bill shall be due by 5: 00 p.m. , central time, on the next working day following such Saturday, Sunday, or legal holiday. 2 . All payments made after the sixteenth (16th) day will bear a late charge of penalty of one dollar ($1. 00) or five percent (5%) , whichever is larger, on such monthly charge. 3 . A customer's utility service may be disconnected if a bill has not been paid or a deferred payment agreement entered into within twenty-six (26) days from the date of issuance of a bill and if proper notice has been given. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days' prior to a stated date of disconnection, with the words "termination notice" or similar language prominently displayed on the notice. The It/ information included in the notice shall be provided in English and Spanish as necessary to adequately inform the customer. Attached to or on the face of the termination notice shall appear a statement notifying the customer that if they are in need of assistance with payment of their bill, they may be eligible for alternative payment programs, such as deferred payment plans, and to contact the Water Department of the City of Wylie _ for more information. If mailed, the cutoff day may not fall on a holiday or weekend, but will be on the next working day after the tenth (10th) day. Service may not be discontinued to a delinquent residential customer permanently residing in an individually metered dwelling unit when that customer establishes that discontinuance of service will result in some person residing at that residence becoming seriously ill or more seriously ill if service is discontinued. If a customer seeks to avoid termination on this basis, the customer must have the attending physician call or contact the Water Department within sixteen (16) days of the issuance of the bill. A written statement must be received by the Water Department from the physician within twenty-six (26) days of the issuance of the bill . The limit on termination shall last sixty-three (63) days from the issuance of the bill or a lesser period if agreed by the parties. The customer who makes such request shall enter into a deferred payment plan to accomplish payment of bill. 4 . If it is necessary to terminate water service for nonpayment, a charge of thirty dollars ($30.00) shall be paid prior to restoration of the service if the service is restored between the hours of 8 : 00 a.m. and 5: 00 p.m. , central time, on weekdays. At other times, the restoration charge shall be forty-five dollars ($45. 00) . 5. If the water service is terminated by the customer's request, the charge for restoring the service shall be ten dollars ($10.00) and shall be added to the next months' bill. " SECTION 3 . That any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to him shall make a deposit for bulk water service with the City of Wylie in the amount of fifty dollars ($50. 00) , the customer shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges shall be set in minimums of twenty-five (25) gallon increments and are established as follows: 1. 0 to 1, 000 gallons $7 .15 2 . 1, 0001 to 2, 000 gallons $1.82 3 . Over 2, 000 gallons (per 1, 000) $2.55 SECTION 4 . When any utility customer is of the opinion that a water meter is registering incorrectly, the customer may make a request to the city for testing of the meter. A field test will be provided for the customer's meter without charge once every two (2) years. If the customer desires a calibration and certification test, then at the time such request is made, the customer shall make a twenty dollar ($20. 00) deposit with the City. If the test shows that the meter is registering consumption in excess of actual flow by more than two percent (2%) , the meter shall be replaced with an accurate one at the expense of the City, and the twenty dollar ($20.00) deposit shall be returned to the customer. If the test shows that the meter is registering consumption at less than actual flow or in excess of actual flow by two percent (2%) or less, the twenty dollar ($20.00) deposit shall be retained by the City to defer the cost of such test. SECTION 5. That Ordinance No. 88-24 is hereby repealed and that all ordinances or parts of ordinances otherwise in conflict with the provisions of this ordinance are hereby repealed, and all other ordinances or parts of ordinances not in conflict with the provisions of this ordinance or specifically amended hereby shall remain in full force and effect. SECTION 6. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 7. . This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. 413 DULY PASSED by the City Coun it of the City of Wylie, Texas, on the 9 day of , 1990. APPROVED: 17,16 2//c .kn. / (0.0.) YOR ATTEST: ///II11111111111110 � CITY SE ARY PPROVED AS TO FORM: W1 CITY ATTORNEY RLD/sb 10/8/90 MEMORANDUM DATE: March 5 , 1991 TO: City Council FROM: Bill Dashner , City g Mana e RE: Discuss and Consider Le ter to BFI Requesting a Delay of Sanitation Rate Increase Per the Five (5 ) Year Contract And the Consumer Price Index and Discuss With BFI Ways to Reduce Residential and Commercial Rates See attached letter mailed to BFI and BFI contract . f Viie CITY OF' WYLIF 2000 HWY.78 N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor March 5 , 1991 Browning Ferris Industries Don Hughes Leonda Whitlow Mayor Pro-TernP. 0. Box 14 Allen, Texas 75002 Dear Ms . Whitlow, William Martin It has been called to my attention that Browning Ferris City Council Industries has under consideration a rate increase to sanitation customers of the City effective April 1 , 1991 . Not withstanding the fact that this rate increase is a contract provision , Consumer Price Index Pass-Thru, as City Manager I have grave concern over another rate increase to Pat Stemple all customers in this City . As you know the current rates City Council in my judgement are extremely high, i . e. $10 . 80 per residential unit and commercial rates that are very competitive with other surrounding cities . Therefore, on behalf of the City Council who will discuss this matter at the City Council meeting on March 12 , 1991 we are asking that this proposed Consumer Price Index increase in Steve Wright compliance with existing contract be delayed until the City Council following action can be taken . The City Council is currently considering going to once a week pickup for all residential units and some commercial units . As you know our contract with Browning Ferris expires in April of 1992 . This has been a five (5) year contract with your company. Percy Simmons The City Council and I believe we need a meeting to discuss City Council ways and means of reducing residential and commercial sanitation rates in this City. Therefore, I am requesting that Browning Ferris Industries have a representative at the City Council meeting on March 12 , 1991 at 7 : 00 P .M. to discuss this formal agenda item. Chuck Wible nce ely, City Council oko, Bi 1 Dashner City Manager Bill Dashner City Manager cc: City Council SEWER SERVICE -- MASTER METERS - A sewer fee of tlS. 00 per month shall be charged for each apartment unit , multi -family unit or mobile home space when development is serviced by a water peter . The old rate was 113. 00 / ,r/ /@) ) ei•bb r f SANITATION FATES OLG RATE NEW RATE INCREASE Residential Rates $ 8. 05 $ 10. 80 �.. 75/34% 4 (per month) ',Ski . ( Includes duplexes , Multifamily - & Mobil Home Park per unit) fp' Commerical H rd Collect — S Less than 5,41.10jper week $15. 25 $15.90 $ 4.65/30. 5%1,-5 5-e .daps per weep. 28. 30 3/.60' 8. 70/30.87.d-j2,_'> - t A 9-12 de.ys per week 41 . 3554. 00 12.65/30. 67 / r/y: ,S6 / Commercial Dumpsters (Ny Contract w.i`th Dumpster rates also increased. A copy of the rates regarding size and times per week is available at City Hall . The followino table illustrates the impact of the new rates on monthly water and sewer bills for residential customers (including sewer plant pass-thru) : MONTHLI WATER/SEWER USAGE (GALLONSF OLD RATE . - NEW RATE INCREASE;:,! . :�,:':;'. 2,000 1 18. 52 $ 22. 42 21 . 06% 5,000 32. 32 37. 42 15.78% 10,000 50.32 57.42 14. 11% 15,000 68. 32 77. 42 13.32% 20,000 80. 32 90. 17 12.26 30,000 104.32 115. 67 10.88% The average utility customer in Wylie uses approximately 123,000 gallons on an annual basis. Using the 10,000 gallons per month as an average water and sewer service would increase $85. 20 annually or 17. 10 per month. ( 14. 11% increase) . The sewer pass-thru charge you see on your monthly bills is tied strictly to the debt service of the sewer treatment plant and can be used only for the retirement of the 20 year bonds issued for the plant ' s renovation and expansion. Though the Council looked at several options for the utility fund, they felt the increases should be borne by the sewer charges where the majority of the increased debt service was incurred. If you wish additional information concerning the rate increase and/or the capital improvements to the collection system, please call us at 442-2236 and we will respond to your questions. The City thanks you for your understanding of this situation. City of Wylie Utilities November- 15, 1 $0 10: City of Wylie - Utility Customers Effective November 1 , i990, rates for water and sewer service were increased in accordance with ordinance 90-18. Additionally, sanitation (garbage pick-up ) rates were also increased in accordance with ordinance v0-19. Both ordinances were approved by the Council on October 19;0 and were necessary because of additional debt service requirements to meet State of Teas mandates. The increases were discussed as a part of the annual budgetary proces_ and at a public hearing held on September- 11 , 1'i'i0. Debt service increased in the Utility Fund about $261 ,000 as a result of the le: as slater Commission Enforcement order for $2.:000,0u0 in sewage collection improvements. ih_ s is the last Chas= (Phase 111 of these improvements which began with he 1987 order. Additic,nally, there was a dabt service increase in the General Fund) of approximately $159,000, attributable to closing of the landfill , which was the major reason that trash rates were increased. Moreover , increases in landfill rates were the result of higher disposal fees imposed by the State of Texas for ail landfills. Overall , trash rates went up an average of The City remains optimistic about reducing the costs of the landfill closure, however , the State has not made a final determination. Meanwhile, the Cit - i = proceeding with the closure steps as iegJirt.d, ii sumhiar y of the new rates is as follows: WATER SERVICE (ALL CUSrOMEFS: : OLD MALE NEW RATE Monthly minimum bi l l $ 6. 50 $ 7. 15 (first 1 ,000 gallons o+ metered consumption) 1 ,00i to 2 ,00i) gallons 1 . 82 1. 82 (per 1 ,01)0 gallons } Over 2,+000 gallons 2. 40 2. 55 (per 1 ,000 gallons) SEWER SERVICE (RESIDENTIAL CUSTOMERS) : OLD RATE NEW RATE Monthly minimum (first 1 ,000 gallons $ 7.00 $10. 00 of metered water consumption) Volume charge for consumption exceeding 1 . 20 1 . 45 1 ,000 gallons (per 1 ,000 gallons) SEWER SERVICE: maximum for residential customers (first 15,000 gallons) per month 23.80 30. 30 SEWER PLANT PASS - THROUGH CHARGE: (R-Residential ) per month Water Consumption of 0 to 2,000 gallons 2.00 No change Water Consumption exceeding 2,000 gallons - 5.00 No change SEWER PLANT PASS - THROUGH CHARGES: (C-Commerical /Industrial per month) 7.50 No change —. EXHIBIT F • H CONTRACT THIS CONTRACT, made and entered into thisl. day of Ce , 1987, by and between the City of Wylie, Texas, a Municipal Corpora{' n of Collin County, Texas. (hereinafter called the "City") and Moore Industrial Disposal, Incorporated, a wholely owned subsidiary of Browning-Ferris, Inc., (said corporations hereinafter called "Contractor"). WITNESSETH: WHEREAS, the parties hereto desire for Contractor to provide Refuse collection within the City and to perform such work as may be incidental thereto in accordance with the. terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT The Contractor is hereby granted a franchise, license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to provide Refuse collection, removal and disposal services as specified and to perform all of the work called for and described in the Contract. 2.00 DEFINITIONS 2.01 Bags - Plastic sacks designed to store Refuse with sufficient wall strenth to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 35 lbs. 2.02 Bin - Metal receptacle designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. • 2.03 Bulky Waste - Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than Construction Debris, Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Bins or Containers, as the case may be. 2.04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding three feet in length or 35 lbs. in weight. 2.05 City - City of Wylie, Texas. 2.06 Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07 Commercial and Industrial Unit - All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City not a Residential Unit. 2.08 Construction Debris - Waste building materials resulting from construction, remodeling, repair or demolition operations. • 2.09 Container - A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 60 lbs. 2.10 Contractor - Moore Industrial Disposal Incorporated. 2.11 Dead Animals - Animals or portions thereof equal to or greater than 10 lbs. in weight that have expired from any cause, except those slaughtered or killed for human use. 2.12 Disposal Site - A Refuse depository, physically located in the City or in close proximity thereto, including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive for processing or final disposal of Refuse and Dead Animals. 2.13 Garbage - Any and all dead animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning,• storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. 2.14 Hazardous Waste - Waste, in any amount, which is'defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also • include motor oil, gasoline, paint and paint cans. • 2.15 Producer - An occupant of a Commercial and Industrial Unit or a Residential Unit who generates Refuse. 2.16 Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.17 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit. -2- ccO • 2.18 Residential Unit - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. 2.19 Rubbish - All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweeping, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.20 Stable Matter - All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock. 3.00 SCOPE OF WORK The work under this Contract shall consist of the items contained In the performance standards, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract. A copy of said performance standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 4.00 COLLECTION OPERATION 4.01 Service Provided (a) Contractor shall provide curbside collection service for the collection of Residential Refuse to each Residential Unit 2 times per week. Containers, Bags and Bundles shall be placed at curbside by 7:00 a.m. on the designated collection day. (b) Contractor shall provide Bin Collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. (c) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter. Also, the Contractor may from time to time provide for the special collection of Dead Animals at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (d) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contract has no -3- (5/ control. In the event of such a flood, tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor, if the Contractor and the City agree that such increased volume is to be handled by the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the City Manager. 4.02 Location of Bins, Containers, Bags and Bundles for Collection (a) Each Container, Bag and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled City Roadways (including alleys). Containers, Bags and Bundles shall be placed as close' to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers, Bags and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Container, Bag and Bundle not so placed or any Residential Refuse not in a Bag. (b) Contractor shall provide Bins for Commercial and Industrial Units whenever customers request their use. Each Bin shall be placed in an accessible, outside location on a hard surface according to individual agreement. Contractor may decline to collect Refuse in Bins not so placed. 5.00 COLLECTION OPERATION 5.01 Hours of Operation (a) Collection of Residential Refuse shall not start before 7:00 a.m. or . continue after 6:00 p.m. on the same day. Exceptions to collection hours shall be effected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. 5.02 Routes of Collection • (a) Residential Unit collection routes shall be established 'by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for their approval, which approval shall not be unreasonably withheld. City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in the newspapers published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to City for approval changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. -4- (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. (c) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03 Holidays - The following shall be holidays for purposes of this Contract: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday, but such decision in no manner relieves Contractor of his obligation to provide collection service at Residential Units at least once per week. 5.04 Complaints - All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of the Refuse not collected within 48 hours after the complaint is received. 5.05 Collection Equipment - The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, Bins and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor. 5.06 Office - The Contractor shall maintain an office or such other facilities within close proximity to the City through which he can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 4:30 p.m. on regular collection days. 5.07 Hauling - All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are prevented. 5.08 Disposal - All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. Contractor shall be responsible for furnishing or providing for an adequate disposal site sufficient to receive all Refuse or other waste generated by the City and required to be collected and disposed of by this Contract and all Refuse required to be collected under this Contract shall be disposed of by Contractor at such disposal site. The charge for disposal shall be included in the rates set forth in the Proposal for each Commercial and Industrial Unit and Residential Unit serviced by the Contractor. 5.09 Notification - The City shall notify all Producers at Residential Units about complaint procedures, rates, regulations, and day(s) for scheduled Refuse collection. -5- 53 5.10 Point of Contract - All dealings, contacts, etc., between the Contractor and the City shall be directed by the Contractor to The City Manager and by the City to Contractor's District Manager. 6.00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting regulations of the City on the subject. 7.00 EFFECTIVE DATE This Contract shall be effective upon the execution of the contract and performance of such Contract shall begin on �, / `/7c, • 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. 9.00 INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, ' legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees or arising out of a claim that the City was not authorized to award this Contract or such was in conflict with the terms of a prior Contract executed by the City. 10.00 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. • 11.00 TERM • The Contract shall be for a five (5) year Deri d beginning upon the execution of the Contract and ending five 51 years thereafter. The initial five (5) year term of this Contract shall automatically be extended for successive additional five (5) year terms, unless either party notifies the other party in writing, not less than sixty (60) days prior to the expiration of the initial five (5) year term or of any successive five (5) year term, of its intentions to terminate this Contract. Any such written notice shall be served by certified or registered mail, return receipt requested. • -6- 12.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force end effect Employer's liability, Workmen's Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. All insurance shall be by insurers and for policy limits acceptable to the City and before commencement of work hereunder the Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder." For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: Coverages Workmen's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Liability • Excess Umbrella Liability $5,000,000 each occurrence As an alternative to the above, Contractor may insure the above public liability and property coverages under a plan of self-insurance. The coverages may be provided by the Contractor's parent corporation. Contractor agrees to furnish the City with certificates•satisfactory to the City evidencing such plan of self-insurance. • 13.00 BASIS AND METHOD OF PAYMENT 13.01 Collection and Disposal Rates (a) The rate for collection services required to be performed pursuant to Section 4.01 (a) shall be the rate set forth in Exhibit "A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 13.02. (b) For collection services required to be performed pursuant to Section 4.01 (b), the charges shall not exceed the rates set forth in Exhibit -7- "A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 13.02. (c) For special collection provided by the Contractor pursuant to Section 4.01 (c), the charges are to be negotiated between the Contractor and Producer prior to collection. If agreement cannot be reached, the matter may be submitted to the City for determination of a reasonable fee. (d) The Refuse collection charges provided by Sections 13.01 (a)-(b)• shall include all disposal costs. (e) Contractor may, at its option, elect to acquire Bags from a supplier of its choice and attempt to market such Bags' to Residential Units; however, this option in no way interferes with the right of each owner or occupant of a Residential Unit to obtain Bags from another source. 13.02 Modification to Rates • (a) The fees which may be charged by the Contractor for the second and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected • by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) and the Consumer Price Index for Urban Wage Earners and Clerical Workers, Expenditures Category "Gasoline," both as published by the U.S. Department of Labor, Bureau of Labor Statistics. As of the last month of the first year of the Contract and every twelve (12) months thereafter (the "Rate Modification Date") the fees shall be increased or decreased for the ensuing twelve (12) month period in a percentage amount equal to the net percentage change of the All Items Index plus the net ` percentage change of the Gasoline Index. All percentage changes are to be computed as the difference between the Index value for the first full month prior to the commencement of the Contract and the index value for the Rate Modification Date divided by the index value for the first full month prior to the commencement of the Contract. (b) As soon as possible after a Rate Modification Date, Contractor shall send to City a comparative statement setting out for both the All Items Index and the Gasoline Index. (i) the index value on the first full month prior to the commencement of the Contract; (ii) the index value on the Rate Modification Date preceding the date of the statement; (iii) the net percentage change; (iv) the composite percentage change equal to the net percentage change in the All Items Index plus the net percentage,change in the Gasoline Index; and -8- u�6 (v) the increase or decrease in the fees which may be charged by the Contractor. • On the next billing date after the receipt of the comparative statement, the City shall pay to the Contractor or the Contractor shall credit to the City, as the case may be, a lump sum equal to any increase or decrease applicable to that portion of the current period which has elapsed and, thereafter, the fees charged by the Contractor shall be modified to reflect any change until a different comparative statement is received by the City. (c) Notwithstanding the above, if the increase in fees for any twelve (12) month period exceeds eight percent (8%), then the City may within ninety (90) days after Contractor's Provision of the aforesaid comparative statement showing such increase terminate this Contract; provided, however, the City may so terminate this Contract effective only upon not less than forty-five (45) days prior written notice to Contractor and the provisions sections of 13.02 (a) and (b) shall apply until the effective date of termination. (d) In addition to the above, the fees which may be charged by the Contractor hereunder shall be increased to cover increases In disposal costs at the Disposal Site. Provided, however, the City shall have • the right to terminate this Contract if, after hearing, the City Council determines that disposal site fees have become excessive. (e) In addition to the above, the Contractor may petition the City at . any time for additional rate and price adjustments at reasonable times on the basis of unusual changes in its cost of operations, such as revised laws, ordinances or regulations, changes in location of disposal sites, an increase in the number of Residentail Units and for other reasons. 13.03 Contractor to Act as Collector - The Contractor shall submit statements to and collect from all Bin Type Commercial and Industrial Units and Residential Units for services provided pursuant to Sections 4.01 (b)-(c). 13.04 Delinquent and Closed Accounts (a) The Contractor shall discontinue Refuse collection service at any • Residential or Hand Commercial Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume Refuse collection on the next regularly scheduled collection day. The City shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the Contractor's discontinuing service at any location at the direction of the City. (b) The Contractor shall have the right to discontinue Refuse collection service at any Commercial and Industrial Unit delinquent in its payments. -9- 13.05 Contractor Billings to City - The Contractor shall bill the City for service rendered to Residential and Hand Commercial Units within ten (10) days following the end of the month and the City shall pay the Contractor,on or before the 15th day following the end of such month. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. 14.00 TRANSFERABILITY OF CONTRACT Other than by operation of law, no assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which . consent shall not be unreasonably withheld; ,in the event of any assignment, the assignee shall assume the liability of the Contractor. 15.00 CONTRACT The Contractor, having been granted a franchise, license and privilege to provide Refuse collection, removal and disposal services within the corporate limits of the City, shall at all times have the right of first ,refusal for the collection of Dead Animals from Residential Units and from Commercial and Industrial Units. 16.00 OWNERSHIP Title to Refuse and Dead Animals shall pass to the Contractor when placed in Contractor's collection vehicle, removed by Contractor from a Bin or Container, or removed by Contractor from the customer's premises, whichever last occurs. 17.00 FRANCHISE FEE • The Contractor shall pay to the City fifteen percent (15%) of all amounts • received by the Contractor for Bin Type Commercial and Industrial Refuse collection and disposal services provided pursuant to this Contract. Such payment shall be made to the City on or before the 25th day of each month for amounts received by the Contractor for the performance of services during the immediately preceding month. 18.00 BOOKS AND RECORDS The City and the Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the Inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 13.02 (d) and (e). -10- 19.00 TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. The aforesaid hearing shall not be held until notice of same has been given to the Contractor by registered or certified mail addressed to the Contractor at the address set forth herein, and a period of at least ten (10) days has elapsed since the receipt of such notice by Contractor. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. The hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given full oportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate Refuse collection service for the City, the City Council may by two-thirds vote terminate this Contract. 20.00 NOTICES . Any notice required or permitted to .be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: if to the City, at: P.O. Box 428 Wiley, Texas 75098 Attn: City Secretary if to the Contractor, at: P.O. Drawer M • East Cleveland Road Hutchins, Texas 75141 Attn: District Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. 21.00 APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the Contractor, the Mayor and the City Secretary of the City. 22.00 AM ENDM ENT All provisions of this Contract shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. -11- 23.00 FORCE MAJEURE Notwithstanding anything herein to the contrary, the Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of the Contractor. 24.00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The Invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 25.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. IN WITNESS WHEREOF, We, the contracting parties, by our duly authorized agent, • hereto affix our signatures and seals at � ,,/# 124,„egg) as of this of( day of 7722 ,) , 1987. 011111111111114/ Y CITY OF W Y LI E, TEXAS ` A Municipal Cot. ration of Collin C SEAL SEAL of Ve ity of Wylie, Texi£; lLy[rE TE.�P \`.\\`�� Mayor kinrunniinma00�� • and ty ary MOORE INDUSTRIAL DISPOSAL, ATTEST: INCORPORATED and BROWNING-FERRIS, INC. By • r r. -12- ,,; iI<` , EXHIBIT F Li CONTRACT AMENDMENT • This Contract Amendment is made and entered into this / 476 day of , 1988, by and between the City of Wylie, Texas, hereinafter called "City," and Moore Industrial Disposal, Incorporated, a wholly owned subsidiary of Browning-Ferris, Inc., (hereinafter called "Contractor"). WITNESSETH: WHEREAS, the parties hereto entered into a Contract on March 24, 1987, for Contractor to provide refuse collection services within the CIty in accordance with the terms of the Contract; and WHEREAS, the parties have agreed that it is necessary and desirable to amend said Contract in certain particulars. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, the parties hereto agree as follows: 1. This Amendment is entered into by and between the parties under the provisions of Section 22.00 of the original Contract, and no provision hereof shall release either party from any obligation under the original Contract, except as specifically provided for herein. 2. That Section 13.02, "Modification to Rates," Subsection (a), is amended to read as follows: "(a) The fees which may be charged by the Contractor for the years beginning April 1, 1989, and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items), Dallas-Fort Worth area, and the Consumer Price Index for Urban Wage Earners and Clerical Workers, Expenditure Category "Gasoline," Dallas-Fort Worth area, both as published by the U. S. Department of Labor, Bureau of Labor Statistics. As of the year ending March 30, 1989, and every twelve (12) months thereafter (the "Rate Modification Date"), the fees shall be increased or decreased for the ensuing twelve (12) month period in a percentage amount equal to the net percentage change of the All Items Index plus the net percentage change of the Gasoline Index. All percentage changes are to be computed as the difference between the Index Value for the month of March, 1988, 61 and the Index Value for the Rate Modification Date divided by the Index Value for the month of March, 1988." 3. That Section 13.02(b)(i) is amended to read as follows: "(i) The index value on the end of March, 1988." 4. That although the original Contract provides, in Section 13.02(c), that an increase in fee exceeding 8% shall cause termination of the Contract and the calculation of the increase based on the first years' figures equals 10.56%, Contractor has agreed to and does hereby waive the difference between the calculated increase of 10.56% and 7.9%, and the City agrees to Increase the fees accordingly in the amount of 7.9% in the manner provided by the Contract. The parties agree that this waiver is permanent, that no attempt will be made by Contractor in the future to include or ask for the percentage increase waived hereby, and the parties further agree that this waiver is one time only and shall not otherwise affect the validity or applicability of Section 13.02(c) of the original Contract. IN WITNESS WHEREOF, the contracting parties have executed this Contract Amendment in duplicate on the date first written above. CITY OF . - TEXAS r$="117794\ =t Mayor AL ATTEST: Secretary MOORE INDUSTRIAL DISPOSAL INCORPORATED, A WHOLLY OWNED SUBSIDIARY OF BROWNING-FERRIS, INC. By - 'D\-r-7) Vice President ATT ecretary 411 .2.) MEMORANDUM DATE: March 4 , 1991 TO: City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider Updat d Progress Report To Texas Water Commission on Elimination of Pump and Haul Operations Attached are reports that the City has submitted to Texas Water Commission keeping them fully advised of our major progress to get off pump and haul . In this report you will find lift stations that have been eliminated and pump and haul locations eliminated . We have also advised the Commission of the City' s new mandatory sewer connection ordinance . We believe that with the completion of Muddy Creek Interceptor, Phase II Interceptor , and Newport Harbor Interceptor the City will be off pump and haul and will submit a formal request to the Commission that will lift the Texas Water Commission enforcement order and close out this long ordeal . Attachments 6 ,3 Vire CITY OF WYLIE 2000 HWY 78 N - P.O. BOX 428 March 4, 1991 WYLIE,TEXAS 75098 214.442.2236 Ms. Claudia Chaffin Enforcement Division Texas Water Commission P. O. Box 13087, Capitol Station Austin, Texas 78711 Re: Elimination of Lift Stations and Pump and Haul Locations Dear Ms. Chaffin: The purpose of this letter is to update the Texas Water Commission on the City of Wylie' s progress in the elimination of existing lift stations and pump and haul locations. The TWC had issued on June 24, 1987 an order mandating improvements to the wastewater system in Wylie, Texas. With reference to my attached letter of 12/3/90, all itemized lift stations and pump and haul locations ( including the Bait Shop) have been eliminated. The one remaining active pump and haul location is the Newport Harbor subdivision manhole. Both the Phase II Interceptor and the Muddy Creek Interceptor have been completed. Seeding/ sodding will be accomplished during March or April under the supervision of the Soil Conservation Service for two easement locations. In late January 1991 , the City began the construction of a Lift Station/Force Main/Gravity Line System in order to eliminate the Newport Harbor pump and haul site. The estimated completion date for this project is mid-May 1991 . Please contact me if you have any questions. Sincerely yours, Paul D. Beaver, P. E. Director of Planning & Engineering PDB/ Ip xc: Bill Dashner, City Manager Charles D. Gill , TWC Duncanville �'lle.19 CITY OF WYLIL 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214.442.2236 RETURN RECEIPT NO. 'S P 548 120 425 & P 548 120 424 December 3, 1990 Ms. Claudia Chafin • Enforcement Division Texas Water Commission P. O. Box 13087, Capitol Station Austin, Texas 78711 Re: Elimination of Lift Stations and Pump and Haul Locations Dear Ms. Chafin: The purpose of this letter is to update the Texas Water Commission on the City of Wylie' s progress in the elimination of existing lift stations and pump and haul locations. The TWC had issued on June 24, 1987 an order mandating improvements to the wastewater system in Wylie, Texas. In the Spring of 1990 the Phase II Interceptor and the Muddy Creek Interceptor were contracted for a total amount of $ 1 , 650, 000 and construction began. As of December 1 , 1990 the two projects are considered 98% complete with cleanup, manhole tie- ins and final punchlist items to be accomplished during December, 1990. All interceptor pipes have been installed and tested. The Soil Conservation Service will allow the seeding/sodding at two easement locations to be accomplished in February, 1991 when the new growing season begins. Therefore, the City of Wylie wishes to report the following lift stations and pump and haul locations will have been eliminated by December 15, 1990 through interceptor tie-ins : LIFT STATIONS a) Southfork L. S. #1 b) Southfork L. S. #2 c) Southfork L. S. #3 (Hensley Road L. S. ) d) Community Park L. S. PUMP AND HAUL a) Presidential Estates M. H. b) Steel Road M. H. c) Hooper Business Park M. H. 6 �' Ms. Claudia Chafin Page 2 December 3, 1990 The City of Wylie enacted a Sewer Ordinance in August 1990 requiring private citizen tie-ins. A City Sewer Ordinance Enforcement letter has been sent to the Bait House property owner which requires his tie-in by December 31, 1990 which will eliminate this pump and haul location. In conclusion, on November 13, 1990 the City of Wylie City Council authorized award of a contract in the amount of $295, 000 to construct a Lift Station/Force Main/Gravity Line System to eliminate the Newport Harbor pump and haul location. The completion of this line in the Spring of 1991 will have eliminated all pump and haul locations in the City of Wylie per TWC Enforcement Order. Sincerely, Paul D. Beaver, P. E. Director of Planning & Engineering PDB/ lp xc: Bill Dashner, City Manager Charles Gill , TWC Duncanville MEMORANDUM DATE: March 4 , 1991 TO: City Council FROM: Bill Dashner , City Manager RE: Discuss and Consider Update and Progress Report on Landfill Testing and Monitoring And Approval From Texas Department of Health On Monitoring Well Extension . Attached is a letter from Texas Department of Health approving an extension on well installation due to rains . I will have a complete update and progress report or► this process . JN) ZONES AND NEUSE, INC. Engineering and Environmental Consultants March 5, 1991 Mr. Paul Beaver City Engineer 2000 Highway 78 North Wylie, Texas 75098 Res City of Wylie Phase II Hydrogeologic Investigation JNO3028901.2 Dear Mr. Beaver: The Texas Department of Health (TDH) outlined specific actions to be taken at the City landfill in a letter dated October 17, 1990. The actions included additional sampling and water level measurements of existing wells, removing certain wells and piezometers and installing additional wells and piezometers . All sampling and water level measurements of the existing well system has been completed. Analytical results have been submitted to the TDH and have been accepted. The TDH did question the method by which Talem Inc. laboratory determined and reported the detection limits for certain analytes . Both Talem, Inc. and TDH have been contacted several times by Jones and Neuse, Inc (JN) in an effort to ameliorate the problem. JN has also notified TDH that use of Talem Inc. laboratory for this project has been suspended until the issue is resolved to the satisfaction of the City of Wylie and the TDH. Concerning removal of certain wells and piezometers and installation of the new wells and piezometers, JN mobilized to the site in January 1991 , however rainfall prevented completion of that phase of the project. The TDH was notified of the rain-out by JN through an extension request, which was subsequently granted. The new deadline for installation and abandonment of the wells and piezometers is March 15, 1991 . Mr. Dick Smith with the TDH indicated the agency would grant additional extension requests due to inclement weather or accessibility problems, as needed. JN' s Geotechnical Division has monitored the weather and conditions for drilling each week to determine when it will be feasible to complete the landfill investigation. As soon as landfill conditions allow access, JN will mobilize. If conditions are not adequate prior to the March 15, 1991 deadline, JN will request the TDH approve another deadline extension. 11811 IH-10 East, Suite 275 Houston,Texas 77029 713.450.1882 Mr. Paul Beaver City of Wylie March 5, 1991 Page 2 If you have any questions regarding this matter please don't hesitate to contact me at (713) 450-1882 . Sincerely, JONES AND NEUSE, INC. 11/1:".d(A4144--.. J. David Buchanan Environmental Services Manager Gulf Coast Region JDB/jdb WYLIE8.LTR. 11 • 7( j {4.4M Texas Department of Health �' "� p Robert Bernstein,M.D., F.A.C.P. 1100 West 49th Street Robert A. MacLean,M.D. Commissioner Austin,Texas 78756-3199 Deputy Commissioner (512)458-7111 FEB. 2 7 1991 Honorable John Akin Mayor of Wylie P.O. Box 428 Wylie, Texas 75098 Subject: Solid Waste - Collin County City of Wylie - Permit No. 712 Hydrogeologic Investigation Dear Mayor Akin: On February 15,. 1991, we received a letter from Mr. J. David Buchanan, Jones and Neuse, Inc. , describing the difficulties encountered at the subject site while attempting to pursue the second phase of the investigation. Jones and Neuse, Inc. , asked on behalf of the city for an extension of the monitoring-well installation deadline to March 15, 1991. Mr. Buchanan has kept the Department fully apprised of the conditions at the site, and we agree to the extension. If you have any questions concerning this letter, you may contact Mr. A. R. (Dick) Smith, Staff Geologist, Ground Water Protection Branch, Surveillance and Enforcement Division, Bureau of Solid Waste Management, at telephone number (512) 458-7271. Sincerely, Hans J. 14 eller, P.E. , Director Surveillance and Enforcement Division Bureau of Solid Waste Management ARS/mr cc: Region 5, TDH, Arlington Collin County Health apartment Wylie City Manager'' Mr. David Buchanan, Jones and Neuse, Inc. 70 MEMORANDUM DATE: March 6, 1991 TO: City Council ' FROM: Bill Dashner, City Manager ' / RE: Discuss and Consider Comp fiance with Texas Water Commission Requirement to Install One (1 ) Additional Monitoring well at the Wylie Service Center Site as a Result of the Completed Jones and Neuse Report on the Land And Amend Existing Contract As a result of the Jones and Neuse study which was submitted to the Texas Water Commission , the Texas Water Commission is only requiring the installation of one (1) additional monitoring well . Please see letter attached . The estimated cost on the installation of this well is $6 , 000 . Since we have an existing contract with Jones and Neuse I would recommend that the contract be amended to include this work. If this is not done the City will have to solicit proposals and hire another environmental consulting firm. I would recommend this amendment to the contract very strongly since time is important . Attachment TEXAS WATER COMMISSION B.J.Wynne,Ill,Chairman John J.Vay,General Counsel r, John E. Birdwell,Commissioner Michael E.Field,Chief Hearings Examiner Cliff Johnson,Commissioner "" Brenda W. Foster,Chief Clerk Allen Beinke,Executive Director February 18, 1991 \, ; CERTIFIED MAIL N.\ , `: L .3• . -_ ---'I ! f \l ; Mr. Bill Dashner City Manager City of Wylie P. O. Box 428 ._. - Wylie,Texas 75098 Re: Subsurface Hydrocarbon Contamination at the City of Wylie Public Works Facility, Wylie (Collin County), Texas (LPST ID No. 91227) Dear Mr. Dashner: We have completed our review of the investigation and remedial procedures addressing subsurface hydrocarbon contamination at the above-referenced facility as you have previously provided. After careful review of all the available information provided and pursuant to Title 31, Texas Administrative Code (TAC), Section 334.78-334.81, we conclude the following actions should be pursued in order to further assess subsurface conditions and possible contamination at this site. 1. Install one monitor well to a hicall down adient and adjacent to the on ' al excavation and t o t is im dant t at a momtor_we ri a an costae a licens d water well drill r tat t e screene intervalset at a su tctent epth a ve the top of the water table to allow for any seasonal fluctuations of the table and at a jispth no more than ten feet below the lowest an4iate�d _r 'cfMwewL•y.•au:+eJdrwb�+�YW,Y+4wecw,.•..w.w...a.ur:erw.• _. .:.Yts.'_.�aSJ91'Ya-tYl-tJtlul�lYtiMI.�Y1 2. When advancing the boring for the installation of the monitor well, a minimum of two soil samples should be collected and submitted for laboratory analysis. One sample should be collected from the zone of highest contamination as indicated by field screening instrumentation and one sample should be collected from immediately above the saturated zone. 3. Also, while drilling the borehole, discrete soil samples should be collected to adequately evaluate subsurface conditions. Subsequently, a boring log should be constructed which includes the total depth, field screening readings, location of samples submitted for laboratory analysis, and a complete description of soil types and lithologies encountered. 4. Subsequent to purging the monitor well, groundwater samples should be collected after the groundwater returns to its static level. Provide a description of well development and the depth to groundwater measurement. 5. All samples should be analyzed for the presence of benzene, toluene, ethylbenzene, total xylenes (BTEX), and total petroleum hydrocarbons (TPH). Benzene, toluene, ethylbenzene, and total xylenes (BTEX) in soil and water samples should be quantified using EPA Method 8020 (GC/PID) with EPA Method 5030 (Purge and Trap). Total Petroleum Hydrocarbons (TPH) in water samples should be quantified using EPA Method 418.1 (IR) or ASTM D3328-78, Method B (GC/FID, capillary column procedure). TPH in P.O.Box 13087 Capitol Station • 1700 North Congress Ave. • Austin,Texas 78711-3087 • Area Code 512/463.7830 PRINTED ON RECYCI ED PAPER Mr. Bill Dashner Page 2 soil samples should be quantified in the same manner as TPH in water samples except that samples should be prepared with EPA Method 3540 (Soxhlet extraction) or EPA Method 3550 (Sonication extraction) using fluorocarbon 113 as the extraction solvent. 6. Submit signed laboratory reports providing the results of all sample analyses and a description of sample collection and analytical procedures. Only EPA-approved methods will be accepted for the collection and analysis of samples utilized to determine waste classifications and final cleanup levels. 7. Submit copies of the signed State of Texas Water Well Report (Form No. WWD-012) for the monitor well to this Office. 8. Provide a site map drawn to scale indicating the location of the UST system, excavated areas and the ig monitor well. Upon completion of the aforementioned items, we will review the conditions at this site to determine if additional action is necessary_ A written res nse to this letter that ade uatel addresses these items should be submitted to this Office within forty-five (45) days from the ate o t i etter. Copies of all correspondence with this Office must be provided to our District 4 Field Office in Duncanville to the attention of Mr. Sid Slocum. You are also required to notify Mr. Slocum at 214/298-6171 at least forty-eight (48) hours in advance of conducting any significant on-site remediation activities including excavation and/or the installation of soil borings/monitor wells. Should you have any questions regarding this letter, please contact me at 512/371-6283. Your cooperation in this matter will be appreciated. Sincerely, , .t/err7 qoa,,,/„.... Delonda Alexander Responsible Party Remediation Section Petroleum Storage Tank Division DSA/ca 91227.rev cc: Sid Slocum,TWC District 4 Field Office (1019 N. Duncanville Road, Duncanville,Texas 75116-2201) 73 ZONES AND NEUSE, INC. 3 .14 ntal Consultants Engineering and Environmental V-11jj March 2, 1990 Mr. James Johnson Finance Director 2000 Hwy. 78 N. P.O. Box 428 Wylie, Texas 75098 Re: Proposal and Authorization for Engineering and Environmental Services P900194 Dear Mr. Johnson: Jones and Neuse, Inc. (JN) Is pleased to have the opportunity to provide the City of Wylie with additional engineering and environmental services related to implementation of the City of Wylie Service Center Investigation Plan as prepared for Shipley and Schneider and dated January 25, 1990. Mr. Charles Shipley approved the plan in a telephone conversation with me on February 26, 1990. I previously forwarded a partial listing of similar projects undertaken by JN. If you require further information concerning our qualifications, please let me know. We have evaluated the information obtained during our preliminary site investigations. After reviewing this information, we have prepared the attached proposal which we feel will meet your objectives. As stated in our letter to Shipley and Schneider on November 8, 1989, we believe this project can be completed within the range of $25,000 to $50,000. The preliminary investigation described in the investigation plan can be • completed for approximately $32,050 within four weeks from the date of authorization. I have enclosed two copies of a work order for this project. If you desire to proceed with the work and concur with the scope provided in the work order, please sign this contract document and return one executed copy to us. If you have any questions or comments, please do not hesitate to call. We look forward to continuing our work with you in the future. Sincerely, JON'ES AND NEUSE, INC. • _..._. .._. . . David uchanan Branch Manager JDBljdb P900194.cnt Enclosures cc: Charles Shipley Ron Homeyer 11811 IH-10 East, Suite 275 Houston,Yexas 77029 713-450-1882 WORK ORDER FOR PROFESSIONAL SERVICES SUBSURFACE INVESTIGATION AT THE CITY OF WYLIE sERanc8 CENTKi - WYLIE, TEXAS This work order constitutes authorization b for Jones and Neuse, Inc. (J proceed N) to y the City of Wylie (Client) services as required by the Client: with the following scope of SCOPE This work order will provide for a subsurface investigation if hydrocarbon contamination is on-site, to determine t existences of shallow ground water and its direction of flow. Services provided by JN will Include the following; 1. Complete up to twelve borings with collection of to a depth of up to 30 feet p The samples wills bes�scples reened for o for volatile descriptions. hydrocarbons in the field immediatelyupon removaltale sampler using a photoionizaban detecto . pfrom the 2. Complete up to eight of the borings as 2" diamer ground-water monitoring wells of stainless steel, if required, locking metal covers, and 4'x4' concrete Pad. Wells will be fully developed and purged prior to sampling. 3. Collect up to twelve soil samples for analysis of total • petroleum hydrocarbons in all samples and benzene, toluene, ethyl benzene, and xylene (BTEX) in four samples. 4. Collect up to eight water samples for analis of petroleum hydrocarbons in eight samples and analysis total BTEX in four samples. of 5. Survey the wells to determine their reletive elevation and determine the elevation of ground water in each well as well as the direction of ground-water flow. 6. Prepare a final report which describes hydrogeology at the service center and the general__ chemical analysesthe results of _.�`- and provides conclusions concerning the existence of contamination associated with the underground storage tank system and subsurface con from migration of contaminants from Chemicalesourctaminaon es Inc. onto the service center. The Client will provide the following: 1 . Access to property and buildings at the service center. JONEB 4 ',Muse 2. Utilities including electricity, water, etc. 3. Storage of soil cuttings from borings and water from well development. This scope does not include the following services. If required, these services would be performed at additional cost: 1. Additional borings, drilling footage in excess of 360 feet, or additional monitoring wells. 2. Chemical analyses of samples in addition to that specified above. 3. Remediation of contaminated soil or ground water 4. Meetings other than a preliminary site meeting 5. Disposal of water or soil generated during the investigation TERMS AND COMPENSATION Work shall be performed under the terms and conditions in the March 2, 1990 Professional Services Agreement between Client and JN. Compensation for services described in the scope shall be on a time and materials basis in accordance with the flat rate schedule of fees dated February 1, 1990. The estimated cost for these services is $32,030. AUTHORIZED: ACCEPTED; CITY OF PIE JONES AND NEUSE, INC. BY • BY Date Date Purchase Order No. Proposal No. P900194 (if applicable) Work Order No. _ (to be assigned after authorbatIon) • JoNes s roust • • MEMORANDUM DATE: March 6 , 1991 TO: City Council FROM: Bill Dashner, City Manage JAPA/"°.°. RE: Discuss and Consider Fin 1 Payment to Pate And Pate on Muddy Creek Sewer Line and Accept Project as Complete and Activate One Year Maintenance Bond . Attached is the Pate & Pate pay request #5 in the amount of $29 ,217 . 10 which is for final payment on this project . The total amount of work accomplished was $704 ,342 . 18 which is $41, 030 .07 less than the Contract amount of $745 , 374 . 25 . Per an Indemnity Agreement between the City and pate & Pate, $6 ,000 . . 00 will be withheld from the final payment to be used for the Gilbert Welch damage claim. Therefore, the total amount paid after final payment is made will be ,T698 ,342 . 18 . A one year maintenance bond has been posted . The contractor has settled with all property owners , and the the seeding/sprigging of the SCS/Gilbert Welch property will he accomplished by alternate means . The Consulting Engineer , the City Inspector and the City Engineer reviewed the payment request . Payment is recommended by the City Manager . Attachment : Claim lje" 1) J / J 7 J � 7 PATE &TATE ENTERPRISES, INC. General Contractors February 28 , 1991 Via - Federal Express Mr . Travis Roberts Hunter & Associates 8140 Walnut Hill Lane Dallas , Texas 75231 RE : City of Wylie Muddy Creek Interceptor Sanitary Sewer Improvements Dear Mr . Roberts : Please find attached four copies of our Revised Estimate No. 5 on the referenced project in the amount of $29 , 217 . 10. Your prompt attention and approval would be appreciated. Yours very truly , PATE & PAT ENTERPRISES , INC. (7/ 1 llPag4::--- eG� � President SP : kc Attachments ctywylie. white cc: Paul Beaver Huntsville: (409)294-9090 Houston:(713)353-1444 1423 Brazos Drive,Suite D Huntsville,Texas 77340 78 G.FAG ■ HUNTER ASSOCIATES, INC. VISROBERTS, ..P.E. J.TRAMS ROBRTS,JR.,P.E. I PAUL S.BOEDEKER,P.E. .11 ENGINEERS/PLANNERS/SURVEYORS HALB.JONES.P.E. 8140 WALNUT HILL LANE ONEGLENLAKES SUITE 500 DALL AS,TX 75231.0.350 2I4,3699171 SAM C.MCKENZIE,JR.,P.E. 1106 CLAYTON LANE SUITE 410E AUSTIN TEXAS 78723-1033 517 454-8716 JOHN D.FRIEBELE,P.E. DAVID J.PREWETT,P.E. CHARLES W.SCHELER,P.E. RICHARD K.ST.JOHN,P.E. March 4 , 1991 CHARLES A.DAVIS,P.E. JOHN L.MEARS,P.E. Mr. Paul Beavers, P.E. City Engineer City of Wylie 2000 Hwy 7011 Wylie, Texas 75098 RE: Muddy Creek Interceptor Job No. D89012 Dear Mr. Boevers: Enclosed are five (5) copies of Pay Estimate No. 5 which have been submitted as Final. The total amount of work completed was $704, 342 . 18 which is $41, 032 . 07 less than the Contract amount of $745, 374 .25 Pate & Pate Enterprises, Inc. have credit $6, 000. 00 for Welch Settlement Agreement making the total amount requested $698, 342 . 18. The amount due for final payment is $29, 217 . 10. Hunter Associates recommends that the amount above be paid in full providing that all cleanup items have been completed and that the City has made some type of satisfactory arrangement to seed the . Soil Conservation easement. Also, the City needs a response from Soil Conservation Office in reference to Hunter's letter dated February 11, 1991, on the use of P303 pipe. Sincerely, HUNTER ASSOCIATES, INC. Hal B. Jones, P.E. , R.P.L.S. Sr. Vice President HPJ:sp enclosure ESTIMATE FOR PAYMENT PATE & PATE ENTERPRISES INC. Contract For: CITY OP WYLIE - SANITARY SEWER Page 1 Revised IMPROVEMENTS, RUDDY CREEK Estimate No: 5 Date: 02-22-91 INTERCEPTOR Estimate Period 12-01-90 to 02-22-91 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: ,Item ; Description 'Unit; < , Quantities ) ,i Unit Price , Amount Planned ; Prev. Est. ; This Est. ; To Date I 1 , ' I 1 001 ; 36" CONCRETE PIPE, 20-22' IF ; 250. 200. 200.00 11.50 ; 9,500.00 1 , , . I 1 I I I 002 36" CONCRETE PIPE, 18-20' LF ; 300. 300. 300.00 43.06 12,918.00 1 , , 003 36" CONCRETE PIPE, 11-18' LF ; 1,800. 1,000. 1,000.00 40.57 ; 40,570.00 001 36" CONCRETE PIPE 10-11' LF ; 1,200. 1,600. ; 1,600.00 39.37 ; 62,992.00 I I I ' I 1 I 005 30" CONCRETE PIPE, 14-18' LF ; 1,850, 1,800. 1,800.00 31.36 56,448.00 ' I 1 , 006. 30" CONCRETE PIPE, 10-11' LF ; 875. 800. 800.00 30.21 24,168.00 I , 1 , 1 , 007 24" CONCRETE PIPE, 10-14' LF 2,050. 1,600. 1,600.00 24.83 39,728.00 008 24" CONCRETE PIPE, 0-10' LF 1,200. 1,500. 1,500.00 23.91 35,865.00 009 21' PVC ASTN F794 OR F679 LF 450. 700. 700.00 30.93 ; 21,651.00 20-22' INCL EXCAVATION CL. B-1 FMB, TESTING AND HACKFILL 010 21" PVC ASTN F794 OR F679 LF 350. 300. 300.00 26.51 7,953.00 18-20' INCL EXCAVATION, CL B-1 EMB, TESTING A BACKFILL 011 21' PVC ASTM F794 OR F679 LF 1,500. 1,500. 1,500.00 23.97 35,955.00 14-18' INCL EXCAVATION, CL B-1 ERB, TESTING A BACKFILI, go ESTIMATE FOR PAYMENT PATE 1 PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEWER Page 2 IMPROVEMENTS, MUDDY CREEK Estimate No: 5 Date: 02-22-91 INTERCEPTOR Estimate Period 12-01-90 to 02-22-91 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 18 N Contract Time : 210 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: . Item Description :Unit: ( Quantities > ; Unit Price : Amount Planned ' Prev. Est. ; This Est. ; To Date ; ' I I I I I I I 012 21" PVC ASTN F794 OR F619 ; LF ' 2,900. 2,800. . ; 2,800.00 ; 22.10 ; 63,560.00 10-14' [NU EXCAVATION, CL B-I; BNB, TESTING 1 BACKFILI, 013 21' PVC ASTN F194 OR F679 IS 2,000. 1,400. 1,400.00 21.90 30,660.00 0-10' INCL EXCAVATION, CL B-I EMB, TESTING & BACKFILL 014 12" PVC ASTN D3034 SDR35 OR LF 500. 800. 800.00 18.09 14,412.00 ASTN F789 10-14 INCLUDING EXCAVATION, CL B-I ENB, TESTING & BACKFILL ; 015 12" PVC ASTN 08034 SDR35 OR LF 1,900. 1,470. 1,170.00 ; 17.04 25 048.80 ASTN F189 0-10', INCLUDING I I ' EXCAVATION, CL B-I, TESTING AND BACKFILL ' I 1 016 8" PVC ASTN D3034 SDR35 OR LF 850. 800. 800.00 ; 15.06 12,048.00 ASTN F789 0-10', INCLUDING I 1 , CL B-1 BNB, TESTING 1 BACKFILL I I I I I 1 017 16" DIP CI,50 0-14' INCLUDING LF 500. 500. 500.00 ; 35,33 17,665.00 EXCAVATION, CL B-I END, TESTING 1 BACRFILL 018 ; 5' DIAN NH 0-10' W/SEALED EA 20. 22. 22.00 1,830.00 40,260.00 RING, COVERS 1 STUB OUT 019 4' DIAN NH 0-10' W/SEALED RING BA 10. 9, 9.00 1,139,00 10,251.00 COVERS & STUB OUT 020 4' DIAN MN 0-10' W/STD RING, EA 2. 2, 2.00 1,038.00 2,076.00 COVERS & STUB OUT 021 4' DIAN NH 0-10' W/STD RING, BA 2, 3, 3.00 1,402.00 4,206.00 COVERS AND STUB OUT 022 4' DIAN NH 0-10 W/SEALED RING, EA I. I. COVERS 1 STUB OUT 1.00 I,5O4.00 1,504.00 023 5' DIAN NH >10' VF 10. 68. 68.00 99.75 6,783.00 024 4' DIAN NH AND 4' DIAN DROP VF 70. 65. 65.00 52.50 3,412.50 NH > 10' ESTIMATE FOR PAYMENT PATE 1 PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEVER Page 3 IMPROVEMENTS, RUDDY CREEK Estimate No: 5 Date: 02-22-91 INTERCEPTOR Estimate Period 12-01-90 to 02-22-91 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Work Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: -Item ; Description :Unit: ( Quantities ) ; Unit Price ; Amount Planned ; Prev. Est. ; This Est, ' To Date ; ; 025 STAINLESS STEEL TURBINE MH EA 8. 8, VENT W/6-5/8" OD GALV PIPE 8.00 793.00 6,344.00 026 BORE 1 STEEL ENCASE STATE HWYS LF 500, 506. 506.00 180.18 91,171.08 DRIVEWAYS l RAILROADS 027 CONCRETE F/PIPE ENCASEMENT CY 150, 150, 150,00 60.00 ; 9,000.00 AND PIERS INCL 2-NO. 5 VERTICAL BARS PER PIER 028 CONNECT TO EXISTING NH, STUB EA 3, 3. OUT OR LIFT STATION 3.00 159.60 , 478.80 029 CMT STAB HACXFILL IN TRENCH AT EA 5. 5. ; 5.00 2,150.00 ; 12,250.00 CREEK CROSSINGS, INCLUDING EXCAVATION, CMT, MIXING l COMPACTING 030 REMOVE 2 EXISTING PUMPS 1 LS 1. 1, 1,00 2,579.00 2,579.00 APPURTENANCES IN EXISTING 4' DIAN WET WELL 031 12" THICK CRUSHED LIMESTONE SY 100. 100. 100.00 7.98 798.00 FLEXIBLE BASE 032 SHEETING, SHORING, BRACING OR LF 20,375. 19,070. 19'070.00 .10 1,907.00 OTHER MAILS F/CONSTRUCTION OF SEVER PIPE IN TRENCHES 5'f 033 4" SS SVCS EXTENDING TO EDGE RA 10. OF EASEMENT 0.00 150.00 0.00 034 BROADCAST SEEDING AC 4. 0.00 1,300.00 . 0.00 035 FURNISH 1 CONSTRUCT NH MARKERS EA 5, 2, 2.00 60.00 120.00 036 WELCH SETTLEMENT AGREEMENT LS I, 1. 1.00 -6,000.00 -6,000.00 ESTIMATE FOR PAYMENT PATE l PATE ENTERPRISES INC. Contract For: CITY OF WYLIE - SANITARY SEVER Final Page. IMPROVEMENTS, MUDDY CREEK Estimate No: 5 Date: 02-22-91 INTERCEPTOR Estimate Period 12-01-90 to 02-22-91 Contract Dated : 01-23-90 Owner: CITY OF WYLIE Bork Order Dated: 03-01-90 2000 HIGHWAY 78 N Contract Time : 270 CALENDAR DAYS WYLIE, TEXAS 75098 Original Contract Total: ,745,374.25 Revised Contract Total: tea ; Description 'Unit; ( , Quantities > , Unit Price , Amount ' Est.' Planned ; Prev. Est. ; This ; To Date 1 1 TOTAL WORK TO DATE 698,342.18 PLUS MATERIAL ON HAND 0.00 TOTAL AMOUNT TO DATE 698,312.18 LESS 0.00% RETAINAGE 0.00 LESS PREVIOUS PAYMENTS 669,125.08 TOTAL AMOUNT DUE THIS ESTIMATE ' 29,217.10 SUBMITTED BY: PATE A P ERPS NC. f I. APPROVED BY: I 1 I I I I RECOMMENDED FOR APPROVAL: H ER. ASSOCIATES CONSULTING ENaINEEA3 DATE I�',��¢LTr-� APPROVED: DATE 3 AFFIDAVIT OF BILLS PAID STATE OF TEXAS: COUNTY OF WALKER: BEFORE ME, the undersigned authority, on this day personally appeared Steve Pate, President of Pate & Pate Enterprises, Inc. party to that certain Contract entered into on the 23rd day of January , 19 90 , between Pate & Pate Enterprises, Inc. and City of Wylie for the erection, construction, and completion of certain improve- ments and/or additions upon the following described premises to wit: Sanitary Sewer Improvements - Muddy Creek Interceptor Said party being by me duly sworn upon oath that the said improvements have been erected and completed in full compliance with the above referred to Contract and the agreed plans and specifications therefor. Deponent further states that he has paid all bills and claims for materials furnished and labor performed on said Contract and that there are no outstanding unpaid bills or legal claims for labor performed or materials furnished upon said job. This affidavit is being made by the undersigned realizing that it is in reliance upon the truthfulness of the statements contained herein that final and full settlement of the balance due on said Contract is being made, and in consideration of the disbursement of funds by City of Wylie , deponent expressly waives and releases all liens, claims and rights to assert a lien on said premises and agrees to indemnify and hold City of Wylie safe and harmless from and against all losses, damages, costs and expenses of any character whatsoever specifically including court costs, bonding fees and attorney fees, arising out of or in any way relating to claims for unpaid labor or material used or associated with construction of improvements on the above described premises. Pate & Pat E e prises, Inc. )4 y ;:::--- 4, '! By: Steve Pate, President Subscribed and sworn to before me, the undersigned authority, on this the 25th day of Febr ary 19 91 4. e e4".. ".1 0[ TTMYPuauc No ary Picinandforer County, Texas ��o�t�+� Comm.Exp. 10-10-94 MEMORANDUM DATE: March 6 , 1991 TO: City Council i r FROM: Bill Dashner , City Manage RE: Discuss and Consider Payment Request Number Two to E. L. Dalton on Newport Harbor Sewer Line Project Attached is the E. L. Dalton pay request #2 in the amount of $59 ,833 . 89 for work accomplished on the Newport Harbor project . A total amount of $88 ,222 .60 of work has been accomplished to date on the $294 , 190 .00 contract which represents 300 completion for dollar amount or 22% by contract time. The Consulting Engineer , the City Inspector and the City Engineer have reviewed the payment request . Payment is recommended by the City Manager . Sc SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 ROSS L.JACOBS,P.E. I.C.FINKLEA,PE. February 26, 1991 LAMES E.LAUGHLIN,P.E. RONALD V.CONWAY,P.E. JOHN W.BIRKHOFF,P.E. MATT ARMSTRONG,P.E. JOE R.CARTER,P.E. GARY C.HENDRICKS,P.E. • j • C.L.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. 2 in the amount of $59,833.89 for work performed by E. L. Dalton & Company, Inc. , on the Newport Harbor Estates Sanitary Sewer Improvements project from January 29, 1991 through February 25, 1991. This project is approximately 30% complete, while approximately 22% 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, de-67 oe R. Carter, P.E. Enclosures cc: E. L. Dalton & Company, Inc. CONSTRUCTION ESTIMATE OWNER: City of Wylie, Texas ESTIMATE NO: 2 PAGE: 1 PROJECT: Newport Harbor Estates CONTRACT DATE: November 27, 1990 Sanitary Sewer Improvements ORIGINAL CONTRACT AMOUNT: $ 294,190.00 REVISED FROM: January 29, 1991 TO: February 25, 1991 CONTRACT AMOUNT: $ CONTRACTOR: E. L. Dalton & Company, Inc. CONSTRUCTION TIME: Calendar Days ADDRESS: 2351 West N.W. Highway, Suite 3320 Dallas, Texas 75220 ALLOTTED: 150 USED: 33 ********************************************************************************************** Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount ********************************************************************************************** BASE BID 1 8" Sani. Sewer (Gravity Pipe) w/Type II Embedment L.F. 1,251 1,251 18.50 23,143.50 2 8" Sani. Sewer (Pressure Pipe) w/Type I Embedment, L.F. 2,406 1,516 22.75 34,489.00 3 8" Sani. Sewer by other than Open Cut, w/Pressure Grout L.F. 273 310 55.00 17,050.00 4 4.0' Dia. Standard Sanitary Sewer Manhole Ea. 5 4 1,690.00 6,760.00 5 4.0' Dia. Type "S" Sanitary Sewer Manhole Ea. 3 2 2,200.00 4,400.00 q6 Connect to Existing Sanitary Sewer Manhole Ea. 2 1 350.00 350.00 7 Remove & Replace Existing Reinforced Concrete Pavement S.Y. 39 30.00 8 Saw Cut Existing Reinforced Concrete Pavement L.F. 58 3.00 9 Cement Stabilized Backfill C.Y. 164 30 40.00 1,200.00 10 2" Combination Sewage Air and Vacuum Release Valve Ea. 2 3,100.00 87 CONSTRUCTION ESTIMATE OWNER: City of Wylie, Texas ESTIMATE NO: 2 PAGE: 2 PROJECT: Newport Harbor Estates CONTRACT DATE: November 27, 1990 Sanitary Sewer Improvements ORIGINAL CONTRACT AMOUNT: $ 294,190.00 REVISED FROM: January 29, 1991 TO: February 25, 1991 CONTRACT AMOUNT: $ CONTRACTOR: E. L. Dalton & Company, Inc. CONSTRUCTION TIME: Calendar Days ADDRESS: 2351 West N.W. Highway, Suite 3320 Dallas, Texas 75220 ALLOTTED: 150 USED: 33 ********************************************************************************************** Item < Description > Unit Quantity in Total Work Contract Extended Proposal Completed Price Amount ********************************************************************************************** 11 Remove & Replace Rock or Gravel Road or Drive L.F. 45 8.00 12 Extra Crushed Stone for Embed. C.Y. 20 25.00 13 Trench Safety Systems L.F. 4,010 2,767 0.30 830.10 14 DELETED (C.O. #1) 0 0.00 0.00 SUBTOTAL: BASE BID 88.222.60 ALTERNATE "A" lA 6" Force Main w/Type I Embed. L.F. 6,576 17.20 2A 6" Force Main, by other than Open Cut, w/Pressure Grout L.F. 40 55.00 3A 6" Force Main in 12" Steel Encase Pipe other than Open Cut L.F. 70 79.50 4A Newport Harbor Estates Lift Station, for Alternate "A" L.S. 1 46,500.00 5A Trench Safety Systems L.F. 6,686 0.30 SUBTOTAL: ALTERNATE "A" 0.00 Prepared and Submitted by: SHIMEK. JACOBS & FINKLEA Total Amount $ 88,222.60 Consulting gineers, Dallas, Texas e5;) By de— Less Amount Retained (108) $ 8,822.26 Joe R. Carter. P.E. Total Amount Payable $ 79,400.34 Date February 26 , 19 91 Approijd for Owne Less Previous Payments $ 19 566.45 By 1 6-0... , ', (1s .1)....�-4-e- Date L / , 19 j i Amount Due This Estimate $ 59,833.89 8 g MEMORANDUM DATE: March 4 , 1991 TO: City Council ` FROM: Bill Dashner, City Manage „�..- RE: Discuss and Consider Paym nt of Claim from Shimek, Finklea and Jacobs , Consulting Engineers on Phase II Sewer Interceptor Project . This claim was submitted to the City in June of 1990 . This was during the time there was no City Manager or City Engineer so the claim was not paid and was probably misplaced. The claim was checked out and it is legitimate . It is for $1 , 567 . 77 for services rendered thru May of 1990 . Payment of this claim would bring the "not to exceed" contract to its maximum allowable of $33 ,735 . Please note that since June 1990 the Consulting Engineer has carried forth in a professional manner to finalize the Phase II Interceptor and has responded to all City requests in a timely manner . Therefore , the claim should be paid . Attachments SHIMEK, jACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue, 0820 Dallas, Texas 75225 (214) 361• I To: Cityof Wylie Date y June 15 , 1990 Post Office Box 428 Wylie , Texas 75098 •tementNo. 89124 (22 COPY Services through May 31 , 1990, in connection with Phase II - Wastewater System • General Administration of Construction Time of Personnel $1 , 468 . 81* Expense: Automobile $ 86. 93 Printing 6 . 27 Telephone 5.76 98 . 96 $1 , 567 .77 * Month of May Final Billing of Maximum Compensation Engineer 26.25 hrs. $1,468.81 0 SHIMEK, JACOBS & FINKLEA D CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 ROSS L.JACOBS,PE. I.C.FINKLEA,P.E. February 1, 1991 !AMES E.LAUGHLIN,PE. RONALD V.CONWAY,P.E. JOHN W.BIRKHOFF,PE. MATT ARMSTRONG,P.E. 10E R.CARTER,PE. GARY C.HENDRICKS,P.E. C.L.SHIMEK,P.E. Mr. Paul Beaver, P.E. Director of Engineering and Planning City of Wylie Post Office Box 428 Wylie, Texas 75098 Re: Invoice #90131(454) Invoice #90131(399) Invoice #90131(026) Invoice #89124(223 Dear Mr. Beaver: In accordance with your letter dated January 26, 1991 regarding some of our invoices, we are enclosing the breakdowns of our fees in these invoices as you requested. Invoice #90131(454) does not include the costs shown on the October 17, 1990 Invoice #90131(399) . Also enclosed is a copy of Invoice No. 89124(223) dated June 15, 1990 on the Phase II Wastewater Projects which has not been paid. Please check on this invoice. Sincerely, kletk (/Ross L. Jacob , P.E. Enclosures MEMORANDUM DATE: March 6, 1991 TO: City Council FROM: Bill Dashner, City Manage e,' RE: Discuss and Consider Payment of Claim to Shimek, Jacobs & Finklea for Engineering Work on Newport Harbor Sewer Line Project Attached is a claim in the amount of $2 ,373 . 93 for engineering services through January 1991 on the above referenced project . This contract was not to exceed $22 ,000 . This payment will bring the total amount paid to $19 ,329 . 12 which is 88% of the total . I recommend that this claim be paid . SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900 To. City of Wylie Date February 26 , 1991 Post Office Box 428 Wylie , Texas 75098 Statement No. 90131 (065) Services through January 31 , 1991 , in connection with Lift Station, Force Main and Gravity Sewer to Serve Newport Harbor Estates Time of Personnel $2 , 335 . 51 (Itemized Below) Expense: Automobile $29 . 29 Printing 9 . 13 38 . 42 $2 , 373. 93 Contract Administration related to TWC Regulation Discussions and Right-of-Way Acquisition Meetings , Processing of Field Notes , Contract Documents and Bid Schedule Engineer 3 . 0 hrs . $ 233 . 43 Engineer 30 . 5 hrs . 1 , 707 . 39 Drafting 1 . 0 hr. 29 . 66 Drafting . 5 hr. 18 . 67 Drafting 1 . 5 hrs . 34 . 43 Secretary 6 . 5 hrs . 311 . 93 $2, 335 . 51 MEMORANDUM DATE: February 28 , 1991 TO: City Council FROM: Bill Dashner , City Manager • RE: Discuss and Consider Pos ible Reimbursement To FEMA for Insufficient Reporting and Documentation on Emergency Funds During 1989 City Flood Damage We have received a $13 ,652 bill from the Federal Emergency Management Agency requesting reimbursement because the City failed to properly comply with guidelines in order to acquire the funds . We have discussed this issue and believe that if we can sufficiently audit and find records the City will not have to pay the money back. Therefore, we have asked FEMA for an extension of 60 days to put together a report for this which they have already approved . Vgi;e CITY OF' WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214.442.2236 February 28, 1991 Mr. Ed Laundy State Coordinator Division of Emergency Management Texas Department of Public Safety 5805 North Lamar Blvd. Austin, Texas 78773-0001 Re : FEMA 828 DR Certification of Project Completion Wylie, Texas Dear Mr . Laundy: This letter is to request a sixty day time extension in order to properly compile the P. 4 completion documentation for the seven projects ( total $13, 652) related to Spring 1989 flood damage. The City of Wylie has had recent personnel changes in the positions of Public Works Director, City Engineer and Finance Director which has made the documentation process difficult. Please contact me at (214) 442--2236 if you have any questions. Thank you for your cooperation. Sincerely yours, Paul D. Beaver, P. E. Director of Planning & Engineering PDB/ lp c: Bill Dashner, City Manager 95 MEMORANDUM DATE: March 4 , 1991 TO: City Council FROM: Bill Dashner , City Manager 114104i09 RE: Discuss and Consider Two 2 ) Residential Water Taps Outside the City Limits There has been a request from Mr . Odell Justus for two (2) residential water taps located at 1504 and 1505 Ballard Avenue just outside the City Limits . The estimated cost for the two (2 ) taps would range upwards to $700 per tap for a total estimated cost of $1 ,400 , all costs to be paid by owner . There is a 14 " main available for a connection , pressure and capacity is not a problem, however , this is outside the City Limits . Based on my research the City has not made residential unit connections outside the City Limits since the only service provided would be water . The City does sell water to outside City Limit customers on a bulk basis . Here you have the issue of providing water where the property owners pay no other City service taxes . I don ' t have any strong feelings against setting the two (2 ) water taps whenever Public Works crews can get the time . 6 MEMORANDUM TO: Bill Dashner, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering 1 4 DATE: March 5, 1991 RE: Location of Odell Justus' Property For your information, attached is a water and a sewer map showing the location of the two proposed Odell Justus taps . The existing 14" water is in front of the property. If at a later date the properties are annexed, then the property owner (s ) will be required to tie into sewer lines which are approximately 250 feet away. I 1r. . 0 ........._ P I �I . I I I 1 I I I I I I I - I I I I I o I I . S ; 1e PVC 14' PVC i I : I CITY1ao SAC NSE ROAD! SOI4M BALLARO STREET 1 14' PVC • -------- JT" G►t_ESMT -----_----- 11111; N D a a °D 2 9 y 01 u f N D Z_• 31 m 0, N I U �Th v 1 Q E bODD DRIVE 0' w , I T • 0o v o U. a w N - I s 0 ALANIS 12" F.M. LANE 13' 60' • R. O. W - ----- -- �,�'a------ _------ 1S. 4 FORCE MAIN . i 1 T 14 I I r .._ l W 1 'al I.. A H I 1 13 2 in � Mi "0"l604 -I � I g <"i li CI lVC s I 12 �I O. .31JG15 V I 11 , 4 Fe-Teri-I .1_ ai � Q 01 n 10 W J J Q CO9 6 i 8 7 . 16o5 ; / \ I 11 2 3 4 5 6 0. -�11V`, _ i 7 C.O. 6 F fIL'e AI M p C.O. 8• M3.,,,1'Ir4K DRIVE v) I il p 48 47 46 43 42 44 40 39 38 i , iiiip 10 49 — I ix Uf S V Q N 0 8 F- V fewer MEMORANDUM DATE: February 28 , 1991 TO: City Council Of FROM: Bill Dashner , City Manager RE: Discuss and Consider Final Report and Cost On Acquisition of 18 Sewer Line Easements on Newport Harbor Sewer Line Compared With Cost Of Sewer Line Easement for Muddy Creek Interceptor and Phase II Interceptor The total amount for acquisition for 17 easements on the Newport Harbor Sewer Line is $2, 670 . If you include Sparky Beckman ' s easement of $9 ,500 the total amount for 18 easements is $12 , 170 . Compare this with the 54 easements acquired on the Muddy Creek Interceptor and Phase II sewer line which was $202 ,448 . The average cost per easement on the Newport Harbor sewer line was $676 , the average cost per easement on the Muddy Creek Interceptor and Phase II Interceptor was $3 ,749 , an increase of over 450% per easement . I realize that nothing can be done about this at this point but in my professional opinion predecessors paid far , far too much for these easements . Attachments /00 MEMORANDUM TO: Bill Dashner, City Manager41111 /(1 FROM: Lisa Price, Draftsperson 1 DATE: March 1 , 1991 RE: Newport Harbor Sewer Line Easements Per your request, the following is a list of the Newport Harbor Sewer line easements and the dollar amount for each one : 1 . MRS. A. J . DAUGHERTY $ 5. 00 2. RANDOLPH, STRICKLAND & VENINGA $ 5. 00 3. DOUGLAS/McDONALD $ 5. 00 4. SUNBELT SAVINGS $ 10. 00 5. TEXAS COMMERCE BANK $ 10. 00 6. TEXAS COMMERCE BANK $ 10. 00 7. F. D. 1 . C. $ 10. 00 8. RONALD LEWIS $ 100. 00 9. GERALD LEWIS $ 100. 00 10. GERALD LEWIS $ 130. 00 11 . BRUCE MORRIS $ 135. 00 12. WAYNE WOODARD $ 250. 00 13. TERRI JONES $ 250. 00 14. HOLLEY DEVELOPMENT $ 250. 00 15. HOLLEY DEVELOPMENT $ 250. 00 16. H. DEAN RAYNOR $ 500. 00 17. BOB McBRIDE $ 650. 00 TOTAL $2670. 00 There is one remaining unsigned easement ($9500. 00) for C. T. Beckham/Michael Singletary, but is expected soon. With this last easement added, the GRAND TOTAL is $12. 170. 00 with an amount of 18 total easements for this project. /0/ January 1991 Internal Audit of Use of 1988 Certificates of Obligation $200 ,000 . Acquisition of Easements $ 146 , 398 .65 F. As-.J.8 Engineering Services - Hunter & Associates 16,049.38 Appraisal Services - Lane & Associates 15 ,000 .00 /0_ fly Appraisal Services - Lane & Associates 8,500 .00 TOTAL $185 ,948.03 GILBERT WELCH EASEMENT SETTLEMENT CLAIM 16,500.00 $202,448.03 /02' f Description Parcel Address Pertinent Teayorary Location Phone t Appraised Value Purchase Amount Parcel 1 Robert V. Thurmond 20' x 2555.8' 2 - 30' x 2555.8' S.F.M.H.P. 341-9300 (vk) $4,745.07 $13,500.00 Parcel 2 J.B. Prince 20' x 631.8' 2 - 30' x 631.8' S.F.M.H.P. $ 648.23 $ 650.00 Parcel 3 Sunbelt Savings & Loan 20' x 1759.9' 2 - 30' x 1759.9' S.F.M.H.P. 701-3333 $3,611.31 $ 10.00 Parcel 4 Valter D. Dahlberg 20' x 207.3' 2 - 30' x 207.3' S.F.M.H.P. 373-6303 (hm) s 304.00 $ 600.00 Parcel 5 Vatter D. Dahlberg 20' x 296.9' 2 - 30' x 296.9' S.F.M.H.P. 373-6303 (ha) s 437.00 $ 650.00 Parcel 6 Gene V. New Parcel : 331.1' 2 - 30' x 331.1' S.F.M.H.P. 596-0382 (vk) $ 487.00 $ 708.00 Parcel 7 Michael Babus 20' x 259.6' 2 - 30' x 259.6' S.F.M.H.P. 238-1700 (vk) $ 381.00 s 457.00 O Parcel 8. Richard Glangiullo 20' x 522.6' 2 - 30' x 522.6' S.F.M.H.P. 328-7386 (hm) $1,152.00 $1,152.00 Parcel 9 Jim Martin 20' x 389.4' 2 - 30' x 389.4' S.F.M.H.P. 699-1651 $ 859.00 $1,100.00 Parcel 10 Lake Ranch Partnership 20' a 362.0' 2 - 30' x 362.0' S.F.M.H.P. 596-0382 (vk) $ 798.00 s 798.00 Parcel 11 Jo Jagoda 20' x 273.9' 2 - 30' x 273.9' S.F.M.H.P. 369-5276 $ 603.00 s 750.00 Parcel 12 Gilbert Velch 20' x 1650.54' & 2 - 30' x 1650.54' & S.F.M.H.P. 494-3353 (vk) $4,024.00 $4,024.00 20' x 128.8' 2 - 30' x 128.8' Parcel 13 J.L. Brand 20' x 1609.30' 2 - 30' x 1609.30' S.F.M.H.P. 997-5443 (vk) $1,470.90 S2,750.00 2 Parcel 14 Clarinda Mathews 20' x 1482.9' 2 - 30' x 1482.9' S.F.M.H.P. 969-7422 $5,984.98 $6,250.00 Parcel 15 Clarinda Mathews 20' x 766.4' 2 - 30' x 766.4' S.F.M.H.P. 969-7422 $2,817.35 86,250.00 Parcel 16 TU Electric 20' x 56.0' 2 - 30' x 56.0' S.F.M.H.P. $ 143.28 s 10.00 Parcel 17 B.C. Vood Estate 20' x 925.0' 2 - 30' x 925.0' S.F.M.H.P. 442-2530 $3,733.30 s3,733.30 I Parcel 18 B.C. Vood Estate 20' x 3226.3' 2 - 30' x 3226.3' S.F.M.H.P. 442-2530 $13,021.35 S13,021.35 I Parcel 19 Jack Harvard and 20' x 1340.9' 2 - 30' x 1340.9' S.F.M.H.P. 985-8500 $ 5411.87 S9,700.00 Jerry Rutland, Trustees (J. Harvard) f Yylie wastewater Collection System Iaprovesents Sanitary Sewer Easements Suumary Permanent Construction Easements Owner Description Location Appraised Value Purchase A.ount Per anent Teeporary O SH78 Extension $3,757.00 $4,500.00 '1.ik Sherwood E. Blount, Jr. 5': 417.0' 15'x 417.0'3. Archie Eubanks. 5': 208.7' 00.00 f5, 6 2. Ray Miller 5'x 298.7' 15'x 298.7' SH78 Extension $2,091.00 $5, 00.00 15'x 208.7' SH78 Extension 11,461.00 N Ray Miller 5'x 236.5' 15'x 236.5' SH78 Extension f1,656.00 /A 4. Clyde R. Martin 5': 208.7' $1,461.00/A 15'x 208.7' SH78 Extension 81,461.00 A 5. Lowry G. Kinzer 5': 180.0' N Archie Eubanks 5'x 208.7' 15'x 208.7 SH78 Extension $1,461.00 /fl 4A.00 15'x 180.0' SH78 Extension $1,261.00 10.00 30'x 1,065.13' St! Rd/Regency BP Ext $8,000.00 � 6.+J. Harvard >r J. Hoagland, Tr. ZO': 1,065.13' 30'x 736.5, St' Rd/Regency BP Ext f21,699.00 7. SIngletary Corporation 20'x 736.50' 10.00 2-30'x 106.00' Stl Rd/Regency BP Ext i8. John Bernard Robinson 20'x 212.00' 2-30'x 212.00' Stl Rd/Regency BP Ext $ 10 2-30x � 320.00' 9. John Bernard Robinson 20'x 106.00' St' Rd/Regency BP Ext $ 705.00 $ 845.00 10. Robert L. Joslyn 20'x 320.00' f 498.00 Conde�n 20'x 278.00' 2-30'x 278.00' St! Rd/Regency BP Ext 11. Jerry C. Caldwell f2 250.00 12. Brownie Thomas Bradshaw 20'x 910.45' 2-30'x 910.45' St! Rd/Regency BP Ext $2,�.0 Condemn, 5 .0 1-20' L 1-30'x 432.00' Stl Rd/Regency BP Ext $ 387.00 i3. Ronald franklia Miller 20'x 432.00' f 329.00 f 329.00 14. Worth Montyque Speed _ 20'x 238.00' 1-20' & 1-30'x 238.00' St! Rd/Regency BP Ext $15,169.00$ 3 $15,000.00$ 15. Wiley Housewright 15'x 2,302.53' 2-30'x 2,302.53' St' Rd/Regency BP Ext -0- + 16.+Texas Power & Light 15'x 505.00' 1-12.5' & 1-30'x 505.00' Stl Rd/Regency BP Ext -0- s 10'x 150.00' 30'x 150.00' Stl Rd/Regency BP Ext (:t!‘ 17.+Texas Pover & Light s 10.00 i18.iJohn P. Pennington 10'x 523.75' i 10'x 200.00' 30'1 523.75' i 30'x 200' Stl Rd/Regency BP Ext sll 083.00 s4,500.00 10'x 111.00' 15•1 111.00' Stl Rd/Regency BP Ext . 9. V. L. Brown $2,569.00 s1,800.00 20. Juan C. Diu 10'x 428.18' 30'x 428.18' Stl Rd/Regency BP Ext s 10.00 y21. M-Y Properties 10'x 140.00' 30'x 140.00' Stl Rd/Regency BP Ext 22. Ms. Patsy Sue Flanigan 20'x 455.00' & 7.5'1 46.00' 30'z 501.00' Stl Rd/Regency BP Ext $12,451.00 $12,000.00 123.IThirsk Corporation 15'x 1,325.85' 30'x 2,119.78' Tvin Lakes Lift Sta $ 10.00 $1,70.00 30'x 793.88' Twin Lakes Lift Sta s1,435.00 24.+Richard Parker 15'x 793.88' $1,590.00 $1,900.00 $1,900.00 25. M. St. John & H.F. Tibbals, Jr. 15'x 370.00' 30'x 370.00' Tvin Lakes Lift Sta 30'x 440.00' Tvin Lakes Lift Sta s1,337.00 26. M. St. John & H.F. Tibbals, Jr. 15'z 440.00' Twin Lakes Lift Sta s1,296.00 s1,250.00 27. City Contractors Service 15'x 209.00' 2-30'x 209.00' s 10.00 City 30'x 65' Infrastructure Prll' Infrastructure Prll s 828.00 10'x 222.31' $1,250.00 2B.+ E. Hutson30'x 300 29. City Contractors Service 10'x 141.5' Infrastructure Pill s 10.00 • 30.IRaynor Manufacturing 10'1 333.50' 30'x 333.50' s 10.00 3 s 10.00 31.*Holland Hitch of Texas 10'x 864.81' 0'x 864.81' Infrastructure Prll 30'x 1,180.96' Infrastructure Pill 32. Wylie Couvnity Hospital 10'x 1,180.96' Infrastructure Prll $8,426.00 $10,000.00 33. Henry Martinez 10'x 383.00' 30'x 383.00' $2,016.00 Relocate 34. J.A. Sietoneit (Cheaical Recycling) 20'1 66' (0.0302 Ac) 0'x 990.41' Infrastructure Prll Infrastructure Prll s 10.00 35. Donald P. Kreyaer 10'1 990.41' rJ----.- ` I - - MEMORANDUM DATE: March 6, 1991 TO: City Council FROM: Bill Dashner , City Manage 0444 RE: Discuss and Consider Acceptance of Sewer Line Easement from Mr . Sparky Beckham As Previously Approved by the City Council And Authorize Payment As Previously Approved Authorization is requested to pay Sparky Beckham $9 ,500 for the last remaining easement in the Newport Harbor Sewer Line project . You also need to formally accept this easement . Attachment : Easement foC 4110 ' d 11e CITY OF WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE, TEXAS 75098 March 6, 1991 214-442-2236 Mr . C. T. Beckham 5949 Sherry Lane, Suite 620 Dallas, Texas 75225 Dear Mr. Beckham: This letter is to clarify the purpose of Resolution 91-2-12- 91 passed on February 12, 1991 by the Wylie City Council which requires the owners of proposed Newport Harbor Phase II to remit to the City $150, 000 prior to any hookup to the transmission line during initial development. The primary purpose of the project is to eliminate a pump & haul situation from 88 Phase 1 lots and is mandated by the Texas Water Commission. The proposed 177 Phase II lots will provide 2/3 of the total design flow and was requested to be included in the design by the developer which required relocation of the lift station, plus incidentals. Since Phase II is unplatted, this project is unique in the application of the existing Pro-Rata Ordinance 90-5 which would have required donation of an easement as designated by the City Engineer and reimbursement of funds on a pro-rata basis to the owner (City) who installed the sewerage improvements. In order to apply the intent of the Pro-Rata Ordinance 90-5 and consider pro-ration of flows being conveyed, the remittance of $150, 000 was derived. Please be assured that the City will not apply both the Resolution amount of $150, 000 and the Pro-Rata Ordinance 90-5 either now, or in a future date. Since ely yours, it( it Dashner City Manager BD/ 1p xc: Paul Beaver, Director of Planning & Engineering CITY OF WYLIE PERMANENT UTILITY EASEMENT STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENT THAT C. T. Beckham and Michael Singletary hereafter termed GRANTOR, whether one or several , of the County of Collin, State of Texas, for and in consideration of nine thousand, five hundred dollars ( $9, 500. 00) and other good and valuable consideration to GRANTOR in hand paid by the City of Wylie, the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED and CONVEYED, and do by these presents GRANT and CONVEY unto the City of Wylie the following described tracts or parcels of land situated in Collin County, Texas, for use as permanent utility easements upon/or in which water mains, sanitary sewers, or storm sewers may be constructed and being more particularly described as follows : BEING a tract of land described in two parts for permanent utility easement located in the James C. McUlmurry Survey, Abstract No. 629, Collin County, Texas and being over, under and across a 70. 157 acre tract of land conveyed to C. T. Beckham and Michael Singletary as recorded in Volume 1901 , Page 545 of the Deed Records of Collin County, Texas, said permanent utility easement being more particularly described as follows : PART 1 : BEGINNING at a point for corner, said point being the southwest corner of Newport Harbor Phase One as recorded in Cabinet G, Drawer 224 of the Plat Records of Collin County, Texas and being a point in the east right-of-way line of F. M. 1378 (a 90. 00 foot right-of-way) , said point also being in the south right-of-way of a dedicated 15. 00 foot alley; 1 ) THENCE South 89 degrees 56 minutes 02 seconds East, leaving the east right-of-way line of F. M. 1378 and along the south property line of said Newport Harbor tract, a distance of 772. 34 feet to a point of curvature of a curve to the left ; 2) THENCE along the south property line of said Newport Harbor tract and being along said curve to the left having a central angle of 29 degrees 34 minutes 07 seconds, and a radius of 529. 11 feet, a chord bearing North 75 degrees 16 minutes 54. 5 seconds East, a length of 270. 04 feet, an arc distance of 273. 06 feet to the point of tangency; 3) THENCE North 60 degrees 29 minutes 51 seconds East, along the south property line of said Newport Harbor tract, a distance of 50. 00 feet to a point of curvature of a curve to the right ; 4) THENCE along the south property line of said Newport Harbor tract and being along said curve to the right having a central angle of 29 degrees 34 minutes 07 seconds, and a radius of 1, 393. 97 feet, a chord bearing North 75 degrees 16 minutes 54. 5 seconds East, a length of 711 . 43 feet, an arc distance of 719. 39 feet to the point of tangency ; g 5) THENCE South 89 degrees 56 minutes 02 seconds East, along the south property line of said Newport Harbor tract, a distance of 274. 42 feet to a point of curvature of a curve to the left ; 6) THENCE along the south property line of said Newport Harbor tract and being along said curve to the left having a central angle of 28 degrees 43 minutes 46 seconds, and a radius of 67. 50 feet, a chord bearing North 75 degrees 42 minutes 05 seconds East, a length of 33. 49 feet, an arc length of 33. 85 feet to the point of curvature of a curve to the left ; 7) THENCE along the south property line of said Newport Harbor tract and being along said curve to the left having a central angle of 06 degrees 20 minutes 44 seconds, and a radius of 250. 00 feet, a chord bearing South 33 degrees 33 minutes 18 seconds East, a length of 27. 67 feet, an arc length of 27. 69 feet to the point of tangency; 8) THENCE South 36 degrees 43 minutes 40 seconds East, along the south property line of said Newport Harbor tract, a distance of 50. 04 feet to an angle point ; 9) THENCE North 53 degrees 16 minutes 20 seconds East, along the south property line of said Newport Harbor tract, a distance of 20. 00 feet to an angle point ; 10) THENCE South 25 degrees 25 minutes 04 seconds East, leaving the south property line of said Newport Harbor tract, a distance of 50. 99 feet to an angle point ; • 11 ) THENCE South 36 degrees 43 minutes 40 seconds East, a distance of 238. 13 feet to a point for corner ; 12) THENCE North 89 degrees 56 minutes 02 seconds West, a distance of 35. 59 feet to a point for corner ; 13) THENCE North 36 degrees 43 minutes 40 seconds West, a distance of 20. 66 feet to an angle point ; 14) THENCE North 53 degrees 16 minutes 20 seconds East, a distance of 8. 50 feet to an angle point ; 15) THENCE North 36 degrees 43 minutes 40 seconds West, a distance of 309. 59 feet to an angle point ; 16) THENCE North 89 degrees 56 minutes 02 seconds West, a distance of 306. 16 feet to a point of curvature of a curve to the left ; 17) THENCE being at all times parallel with the south property line of said Newport Harbor tract and 10. 00 feet perpendicularly distant, and being along said curve to the left having a central angle of 29 degrees 34 minutes 07 seconds, and a radius of 1 , 383. 97 feet, a chord bearing South 75 degrees 16 minutes 54. 5 seconds West, a length of 706. 33 feet, an arc distance of 714. 23 feet to the point of tangency; 18) THENCE South 60 degrees 29 minutes 51 seconds West, a distance of 50. 00 feet to the point of curvature of a curve to the right ; 19) THENCE along said curve to the right having a central angle of 29 degrees 34 minutes 07 seconds and a radius of 539. 11 feet, a chord bearing South 75 degrees 16 minutes 54. 5 seconds West, a length of 275. 14 feet, an arc distance of 278. 22 feet to the point of tangency; /0? 20) THENCE North 89 degrees 56 minutes 02 seconds West, a distance of 772. 55 feet to a point for corner , said point being in the east right-of-way line of F. M. 1378; 21 ) THENCE North 01 degrees 15 minutes 51 seconds East, a distance of 10. 00 feet to the POINT OF BEGINNING and containing 0. 6441 acres (28, 059 square feet) of land, more or less. PART 2: BEING a strip of land for permanent easement ten ( 10. 00) feet in width and being over, under and across said C. T. Beckham and Michael Singletary 70. 157 acre tract, said permanent easement being more particularly described as follows : BEGINNING at a point for corner, said point bears North 36 degrees 43 minutes 40 seconds West, a distance of 26. 98 feet from the southeast corner of the permanent easement described in PART 1 : THENCE North 53 degrees 16 minutes 20 seconds East, a distance of 30. 00 feet to an angle point ; THENCE North 36 degrees 43 minutes 40 seconds West, a distance of 165. 00 feet to a point for corner ; THENCE North 53 degrees 16 minutes 20 seconds East, a distance of 10. 00 feet to a point for corner ; THENCE South 36 degrees 43 minutes 40 seconds East, a distance of 175. 00 feet to an angle point ; THENCE South 53 degrees 16 minutes 20 seconds West, a distance of 40. 00 feet to a point for corner, said point being in the east line of the permanent easement described in PART 1 ; THENCE North 36 degrees 43 minutes 40 seconds West, a distance of 10. 00 feet to the POINT OF BEGINNING and containing 0. 0471 acres (2, 050 square feet) of land, more or less. THE TWO PARTS of the above described permanent easement containing 0. 6912 acres (30, 109 square feet) of land, more or less. Also a temporary construction easement in three parts . Part ONE being 30 feet in width and being adjacent to and parallel with calls 16 through 20. Part TWO being 15 feet in width and being adjacent to and parallel with calls 10 through 15. Part THREE being 15 feet in width and being adjacent to and parallel with PART 2 of the above described permanent easement. The three parts of this temporary construction easement containing 1 . 85 acres, more or less . (EASEMENT EXHIBIT ATTACHED) TO HAVE AND TO HOLD the above described permanent easement, together with all and singular the rights and hereditaments thereunto in anywise belonging unto the said City of Wylie, its successors and assigns; I/o and GRANTOR hereby binds himself , his successors, assigns, and administrators to warrant and defend the rights and title to said easements unto the said City of Wylie against every person whomsoever lawfully claiming or to claim the same or any part thereof . Witness my hand, this the 4 day of �"�' A. D. , C. T. er < am 1l Michae i etary STATE OF Te x4S COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared vttiC.l4 iocv q ,� known to me to be the person whose name is sul,scrlibed to the foregoing instrument and acknowledged to me that he executed the same in the capacity therein dated. GIVEN undA4 my ha, and seal 8f office, this the /l day of _ / 19 ll• • (I? Npitary Public in au for the State of Texas ALA) , 17 -S STATE OF 7'e xg COUNTY OF �j �� 5 __ BEFORE ME, the undersigned authority, a Notary Public in and for saidC unty and State, on this day personally appeared ee �t'°r"-� known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity thel ein stated . GIVEN and my han# and seal 1f office, this the day of _- - - , 197/. Nbt ry c P4 �bli i ► and f the State of Texas \7g�-4/ ; or ACCEPTED FOR THE CITY OF WYLIE THIS the day of , 19 _ CITY OF WYLIE John Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date -- -R N 53°I6'20" E NEWPORT HARBOR 10.00' PHASE I S 36°43'40" E p 175.00' va'C C.T. BECKHAM AND MICHAEL SINGLETARY N 36°43 40 W pe��9� VOL 1901,PG.545 165.00' ,:p�' \1116". . Q p,'l\ pp{ JAMES C. McULMURRY SURVEY N 53°16'20" E �O� PHASE ABSTRACT NO. 629 30.00'SCALE= 1":100' POINT OF BEGINNING k c.° s�' PART IC \ tfti:%iimmak S53°I6'20"W N 36°43'40" W 40.00' 10.00' e--•••k A=6°20'44" SCALE: r=600' 1 iiNk • =28°43'46' R=250.00' T=13.86' A = 29°34'OT" R=67.50' L=27.69' R = 1393.97' T=17.29' \ T = 367.89' L=33.85' \ S 36°43'40' E I L = 719.39' S 89°56'02"E 50.04' PERMANENT = 29°34'07" • 274.42' N 53°16'20" E 1 1 EASEMENT R =13 9.1 I' (0.6441 ACRES) �� 20.00' T= 139.64'� N 60°29 51 E • •� 1 1 90' R.O.W. " L = 273.0625° 50.00 N 89°56'02" W -'S 25'04 E POINT OF BEGINNING 306.16' 50.99' I°15'S1"E PART I =29°34'07" N 36°43'40" W ° „ ° R=1383.97' 309.59' S 36 43 40 E 10.00'1. S 89°56'02" E - 772.34' S 60 29'51"W T=365.26' 238.13 50.00' L=714.23' N 53°16'20" E `N 89°56'02" W --- 772.55' A = 29°34'07" 8.50' N 89°56'02" W R = 539.11' N 36°43'40" W 3559' T = 142.28 30' TEMPORARY L = 278.22' 20.66' (. CONSTRUCTION I M EASEMENT 1 - 1 I e: 1 , TEXAS C.T. BECKHAM ML SINGLETARY PERMANENTCITYOF EASEMENT EXHIBIT R VOL. 1901 , PGICHAE. 545 C T. BECKHAM JAMES C. McULMURRY SURVEY MICHAEL ASINGLETARY SCALE: I"=200. ABSTRACT NO. 629 SHIMEK,JACOBS&FINKLEA CONSULTING ENGINEERS FEBRUARY, 1991 MEMORANDUM DATE: February 25 , 1991 TO: City Council 1411411 FROM: Bill Dashner , City Manage RE: Discuss and Consider Paym nt of Invoice From Helmberger Associate for Services Rendered For Preparation of Official Zoning Map This bid was awarded by the City Council to Helmberger Associates on January 22 , 1991 in an amount not to exceed $10 , 134 . 66 . Attached is their first invoice for services performed on this contract through February 24 , 1991 . I would recommend payment of this invoice in the amount of $2 ,447 . 60 I/i HELMBERGER ASSOCIATES 11[IVOl© CIVIL AND ENVIRONMENTAL ENGINEERS HELMUF1 FR f2nC f ,; 1 12.1 110OPE=1i I L. 51 WY! II:, ix 7 Ot.w (214)442-7459 City of Wylie INVOICE NO. : 9111A 2000 Highway 78 North PN# : 9111 P.O. Box 428 DATE : February 25, 1991 Wylie, Texas 75098 Attn: Mr. Ed Richie, Director of Community Development and Plan- ning Professional Engineering Services rendered for Preparation of the Official Zoning Map of the City of Wylie. FOR PROFESSIONAL SERVICES RENDERED THROUGH 2-24-91 Direct Salary Expense Project Manager 7 .25 Hrs. * $57 .50/Hr. = $ 416.88 Technician 83 . 50 Hrs. * $24. 32/Hr. = $2, 030.72 Amount Due This Invoice $2,447.60 In .#9111A J w44t / I , ,i I WHITE -ORIGINAL YELLOW- REMITTANCE COPY PINK-FILE MEMORANDUM DATE: February 27 , 1991 TO: City Council FROM: Bill Dashner, City Manager 444(tow" RE: Discuss and Consider Amend . ng Athletic Field Policies and Regulations for Activities on Sunday I would recommend that the City Council approve amending the Athletic Field Policies and Regulations to allow Sunday activities to begin at 12 : 00 N and continue until 11 : 00 P .M. i/s MEMORANDUM DATE: March 6 , 1991 TO: City Council FROM: Bill Dashner , City Manage ...... RE: Discuss and Consider Replacements and Reappointments to Master Plan/Goals Committee The Master Plan Committee for the third time failed to have a quorum of appointed members present . The list indicated only 33 valid members have been appointed. Of those, three have declined to serve. They are: 1 . Kyle Craighead - 702 Flagstone Way 2 . Billy Mills - 603 S . Jackson 3 . Rock King - 707 Stoneybrook 4 . Pete Tallant - 509 Dogwood Of the remaining members , eight have not attended any of the three meetings . They are: 1 . Scott Brown - 307 Briarwood 2 . Lester Gayler - 412 Dogwood 3 . Roland Kreymer - 302 N . Second 4 . Becky Calverley - 300 S . Second 5 . Reggie McClosky - 203 Cliff Barnes 6 . Frances J . Norris - 18 Lucy Lane 7 . Tom Pritzkau - 400 Gaston Drive E. 8 . Bill Chapman - P . O. Box 268 I recommend that these indiviudals be replaced on the committee. MEMORANDUM DATE: February 28 , 1991 TO: City Council FROM: Bill Dashner , City Manage 10RE: Discuss and Consider Selecting Three (3) Candidates for Appointment To the Collin County Planning Committee Commissioner Hoagland has requested that we provide him with three (3) names to be candidates for appointment to the Collin County Planning Committee . He recommended that someone with some knowledge and background in regional sewer systems be recommended . Commissioner Hoagland will be making the appointment . 1/7 MEMORANDUM DATE: March 6 , 1991 TO: City Council FROM: Bill Dashner , City Manager 0101, 40. RE: Discuss and Consider Convening to Executive Session to Review City Attorney Applicants ' Professional Qualifications for the Purpose Of Hiring a Full Time City Attorney As you know Mr . Keith Stretcher accepted the job and then called me back and informed me he could not accept because of a severe loss of money on his home. //8 MEMORANDUM DATE: February 25, 1991 TO: City Council wgFROM: Bill Dashner , City Manage 44 RE: Discuss and Consider Convening to Executive Session to Review City Manager, Bill Dashner ' s Employee Evaluation After Six (6) Months Employment And Consider Appropriate Remuneration Bill Dashner was appointed as City Manager by the City Council on July 20 , 1990 . With the 3% across the board salary increase as of October 1 , 1990 his base salary is $51, 500 per year and a $3 ,600 per year car allowance for a total of $55 , 100 .