02-26-1991 (City Council) Agenda Packet Time Posted: 2:00 PM
Date Posted: 2-22-91
AGENDA
REGULAR CITY COUNCIL MEETING
CITY OF WYLIE, TEXAS
TUESDAY, FEBRUARY 26, 1991
7:00 P. M. COUNCIL CHAMBERS
MUNICIPAL COMPLEX
2000 HIGHWAY 78 NORTH
CALL TO ORDER
INVOCATION - DENNIS POLLOCK,
CHRIST COMMUNITY CHURCH
PLEDGE OF ALLEGIANCE
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 Presentation of Proclamation for TEXAS
PUBLIC SCHOOL WEEK - MARCH 4 - 8, 1991
2 2 - 5 Discuss and Consider appointment of
Election Judges for May 4, 1991 Council
Election
3 6 - 10 Discuss and Consider Indemnity Agreement
With Pate and Pate Construction Co. as a
Part of the Gilbert Welch Claim
Reconciliation
4 11 - 21 Discuss and Consider Tort Claim for
Property Damage Against the City and
Authorize Payment and Authorize Seeking
Reimbursement Under the City's Liability
Insurance Carrier
5 22 - 25 Discuss and Review Opinion from First
Southwest Company on 1990 Bond Funds
Interest Earnings and 1988 Bonds for
Possible Lowering of Water and Sewer
Rates as discussed by the City Council
6 26 - 30 Discuss and Consider Payment of Claim
for Purchase of Three (3) New 1991
Police Patrol Units
7 31 - 33 Discuss and Consider Adoption of
Ordinance enabling City Employees on an
as needed Basis to Buy Back into the
Texas Municipal Retirement System
8 34 - 46 Discuss and Consider Financial Report
for Period Ending January 31, 1991,
Fourth Month FY91
9 47 - 51 Discuss and Consider Hiring Full Time
Building Superintendent in Place of
Janitorial Service
10 52 - 54 Discuss and Consider Adoption of a
Resolution to Continue the North East
Area Drug Interdiction Task Force
Program
11 55 - 62 Discuss and Consider Final Claim from
Shipley & Inhofe on Landfill Closure
Activities
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
12 63 - 68 Discuss and Consider Payment of Claim
for Consulting Engineer on Newport
Harbor Sewer Line Engineering
13 69 - 77 Discuss and Consider Repealing
Previously Adopted Ordinance on
Designation of Historical Landmark
Location as it has to do with Wylie
Historical Landmark Preservation Program
14 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 remarks to a
maximum of five (5) minutes.
15 Recess Open Meeting
16 78 Convene Council into Executive Session
under the Authority of Article 6252-17
V.A.C.S., Section 2 paragraph "g"
Personnel - Discuss and Consider
Employment of a Full Time City Attorney
17 Reconven into Open Meeting
18 Consider any action necessary from
Executive Session - City Attorney
19 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 (A?‘ _ day of
, 199/, in the Council Chambers of the
Municipal Canplex 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 et DAY OF � . 199 ) ,
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AT �,OQ/O' M.
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Office of tile mayor
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WHEREAS, Texas has historically been dedicated to a strong system of
education and for 40 years special emphasis has been placed upon
education with the observance of Texas Public Schools Week; and,
WHEREAS, The 1990' s and beyond hold the responsibility for Texans to meet
the opportunities and demands for the future; and,
WHEREAS, A joint effort must be made by parents, schools and the community
working together toward a common commitment for preparing our
children to be tomorrow' s leaders; and
WHEREAS, Parents and taxpayers are encouraged to visit the public schools
the week of March 4 - 8, 1991 , to recognize the impact that our
educational system has on our community; and
NOW THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, DO PROCLAIM
THAT MARCH 4 - 8 , 1991 IS TEXAS PUBLIC SCHOOL WEEK IN THE CITY OF
WYLIE, and that all citizens are urged to take an active interest
in the school system and cooperate with school officials in
preparing tomorrow' s leaders .
fin witness Angel of 11 Iave `ieseunto set my
Ieand and caused gels seat to 6t affixed.
JOHN W. AKIN, MAYOR •
ATTEST:
CAROLYN JONES, CITY SECRETARY
'' DATE: FEBRUARY 26. 1991 0
*4 le
CITY OP' WYLIE
2000 HWY.78 N.•P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
John Akin
Mayor WRIT OF ELECTION
Don Hughes TO THE PRESIDING JUDGE OF PRECINCT NO. 27 56, and 83
Mayor Pro-Tern
YOUR ARE HEREBY ORDERED TO HOLD AN ELECTION AT THE
FOLLOWING POLLING PLACE ON THE DATE STATED BELOW
William Martin BETWEEN THE HOURS OF 7:00 A. M. AND 7 :00 P. M.
City Council
LOCATION OF POLLING PLACE — FIRST UNITED METHODIST CHURCH
FELLOWSHIP HALL
Pat Stemple
City Council
DATE OF ELECTION May 4, 1991
Steve Wright NATURE OF ELECTION General Election for Council Places
City Council 1 3 and 5
NUMBER OF CLERKS APPOINTED FOR THIS ELECTION FOUR (4)
Percy Simmons AND ONE (1) ALTERNATE JUDGE
City Council
CAROLYN JONES
Chuck Wible CITY SECRETARY
City Council ELECT ION ADMINISTRATOR
Bill Dashner
City Manager
_1e
CITY OP' WYLIE
2000 HWY.78 N.-P.O.BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
John Akin
Mayor NOTIFICATION OF APPOINTMENT AS JUDGE
Don Hughes
Mayor Pro-Tem
TO: Helena Isbell
William Martin
City Council Notice is hereby given that you have been appointed
presiding judge for precincts 27 , 56 and 83. The precinct
boundaries for the election precincts are attached .
Your appointment is for the City Elections that will be held
Pat Stemple on Saturday, May 4, 1991 General Election.
City Council
Carolyn Jones, City Secretary
Steve Wright Election Administrator
City Council
Percy Simmons
City Council
Chuck Wible
City Council
Bill Dashner
City Manager
A/f
I
ie
CITY OP' WYLIE
2000 HWY.78 N.-P.O.BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
John Akin
Mayor NOTIFICATION OF APPOINTMENT AS JUDGE
Don Hughes
Mayor Pro-Tern
TO: Barbara Balcom
William Martin Notice is hereby given that you have been appointed
City Council presiding judge for precinct 25 . The precinct boundaries
for the election precincts are attached .
Your appointment is for the City Elections that will be held
Pat Stemple on Saturday, May 4 , 1991 General Election.
City Council
Carolyn Jones, City Secretary
Election Administrator
Steve Wright
City Council
Percy Simmons
City Council
Chuck Wible
City Council
Bill Dashner
City Manager
-ie
CITY OP' V. YLIE
2000 HWY.78 N.-P.O.BOX 428
WYLIE,TEXAS 75098
(214)442.2236 • FAX 442-4302
John Akin
Mayor WRIT OF ELECTION
Don Hughes TO THE PRESIDING JUDGE OF PRECINCT NO. 25 YOUR ARE
Mayor Pro-Tem
HEREBY ORDERED TO HOLD AN ELECTION AT THE FOLLOWING
POLLING PLACE ON THE DATE STATED BELOW BETWEEN
William Martin THE HOURS OF 7:00 A. M. AND 7 :00 P. M.
City Council
LOCATION OF POLLING PLACE — SOUTHFORK MOBILE HOME PARK
Pat Stemple CLUBHOUSE
City Council DATE OF ELECTION May 4, 1991
NATURE OF ELECTION General Election for Council Places
Steve Wright 1 , 3 , and 5
City Council
NUMBER OF CLERKS APPOINTED FOR THIS ELECTION FOUR (4)
AND ONE (1) ALTERNATE JUDGE
Percy Simmons
City Council
CAROLYN JONES
CITY SECRETARY
Chuck Wible ELECTION ADMINISTRATOR
City Council
Bill Dashner
City Manager
MEMORANDUM
DATE: February 18 , 1991
TO: City Council
FROM: Bill Dashner , City Manager •
RE: Discuss and Consider Indemnity Agreement
With Pate and Pate Construction Co.
As a Part of the Gilbert Welch Claim
Reconciliation .
Pate and Pate Construction Co. has proposed that
the City of Wylie withhold $6,000 of the amount of
retainage that is currently being held . This
amount is $35,217 .10. As you know this $6,000 will
go toward the payment to Mr . Gilbert Welch in the
amount of $16,500 . If the City Council agrees to
the agreement I would recommend that you authorize
the City Manager to execute the agreement .
Attachment: Proposed Indemnity Agreement and
Supporting Documentation
MEMORANDUM
TO: Bill Dashner, City Manager
FROM: Paul D. Beaver, Director of Planning & Engineering e
DATE: February 20, 1991
RE: Pate & Pate/City of Wylie Agreement
Gilbert Welch claim
Attached is a proposed agreement between Pate & Pate
Enterprises and the City of Wylie which for a sum of
$6, 000. 00 will :
( 1 ) Release Pate & Pate from any obligation to
Gilbert Welch for right-of-way restoration on
his property (0. 5 acres ) .
(2) Delete their obligation to seed the Soil
Conservation Service property as stated shown
on original plans (2. 5 acres) for the Muddy
Creek Interceptor.
The City would assume the responsibility to re-establisht/A' •
glass cover onn ad the ,SCS_propertx and to make the nominal iVI
fiish rin�u.. to the toe of the SCS dam (Pate & Pate would
then not have to enter into Mr. Welch' s property) .
The $6, 000. 00 will be paid from the existing $35, 217. 10 5%
retainage which is currently being withheld from the
Contractor.
If the proper audit trail is established and signed by all
parties, I see no problem regarding the $6, 000. 00 payment
method.
RATE STAEPATIE
ENTERPRISES, INC.
General Contractors
February 18, 1991
Via - Federal Express
and Fax
Mr. Paul Beaver
City of Wylie
2000 N. Hwy 78
Wylie, Texas 75098
R E: Muddy Creek Interceptor
Dear Paul,
In response to your letter of 2/13/91, and in accordance to our
subsequent conversation, I am enclosing the proposed Indemnity
Agreement that will be necessary to address the Welch Claim and
deletion of the seeding from our contract. Please review the draft and
let me know if it is acceptable. If I do not hear from you today, I will
overnight mail the original for execution.
Thank you for your cooperation in this matter.
Yours very truly,
PATE & PATE ENTERPRISES, INC.
i6AA-C12,
Steve Pate
President
SP:kc
wylie.pau
Huntsville:(409)294-9090 Houston:(713)363-1444
1423 Brazos Drive,Suite D
Huntsville,Texas 77340
INDEMNITY AGREEMENT
THIS INDEMNITY AGREEMENT is made and entered into this 18th
day of February, 1991 by and between the CITY OF WYLIE, TEXAS
(the "City") and PATE & PATE ENTERPRISES, INC. , a Texas
corporation with its principal place of business in Huntsville, Texas
("Pate & Pate") .
W I TNESSETH:
WHEREAS, Pate & Pate and the City and parties to that certain
January 23, 1990 Construction Contract (the "Contract") pursuant to
which Pate & Pate, as General Contractor, has provided certain labor
and materials for the Sanitary Sewer Improvements, Muddy Creek
Interceptor - City of Wylie, Collin County, Texas (the "Project") ; and
WHEREAS, GILBERT L. WELCH ("Welch") , a Collin County
landowner, has asserted against the City and Pate & Pate certain claims
for damages arising out of work performed by Pate 6 Pate upon his
land pursuant to and in furtherance of Pate & Pate's obligations under
the Contract; and
WHEREAS, Pate & Pate has substantially completed its obligations
under the Contract, and the City and Pate & Pate now desire to enter
into an agreement pursuant to which the City shall assume sole and
complete responsibility and liability for and with respect to the claims of
Welch.
NOW, THEREFORE, for the purposes hereinabove recited and in
consideration of the payments, covenants and undertakings hereinafter
set forth, the City and Pate & Pate agree as follows:
1 . Indemnification of Pate & Pate. For and in consideration of
the sum of $6,000.00, same to be paid as a Contract price adjustment as
more particularly provided in Paragraph 4 below, the City does hereby
agree to INDEMNIFY AND HOLD HARMLESS Pate & Pate and all its
past, current and future shareholders, officers, directors, servants,
agents, employees, attorneys, accountants, successors and assigns and
all other persons, natural or corporate, in privity with it or any and
them from and against any and all claims, demands, damages, liabilities,
costs, expenses (including the reasonable fees of counsel of Pate &
Pate's choosing), suits and/or causes of action, at law or in equity, of
whatever kind or nature, and whether sounding in contract, tort or
violation of law, accrued or to accrue, contingent or vested, known or
unknown, running or existing in favor of Welch and/or his successors
or assigns and arising out of or directly or indirectly relating or
attributable to any acts, actions or activities of Pate & Pate in its
performance of the Contract, including, but not limited to, claims for
incidental or consequential damages to property or livestock belonging
to or in the possession of Welch (collectively the "Welch Claims") .
2. Waiver of Bond Claims. The City does further WAIVE,
RELEASE AND FOREGO any and all claims it might have against that
certain Payment and Performance Bond no. 5643122 posted by Pate &
Pate in favor of the City in conjunction with and pursuant to the terms
of the Contract arising out of or relating, directly or indirectly, to the
Welch Claims.
3. Contract Revision. The City hereby RELEASES and
DISCHARGES Pate & Pate from any further or continuing obligations
Pate & Pate might have under the terms and provisions of the Contract
for: (1) seeding, including, but not limited to, any obligation for
seeding the property of the Collin County Soil Conservation Services as
provided in Section SE of the Contract, and (2) further work or
construction on the property of the Collin County Soil Conservation
Services, as provided in or required by Section H.50 of the Contract,
and the City does hereby agree to assume all responsibility and liability
for such seeding and construction.
4. Contract Price Adjustment. For and in consideration of the
indemnifications, waivers and releases specified in Paragraphs 1, 2 and
3 above, Pate & Pate does hereby agree that the City may withhold
from the final payment due or to become due Pate & Pate under the
terms of the contract the sum of $6,000.00 .
5. Merger. This Indemnity Agreement constitutes the entire
agreement between the City and Pate & Pate with respect to the Welch
Claims and no other prior or contemporaneous agreements,
understandings or representations, whether written or oral, shall be
affective or binding upon the parties.
6. Choice of Law. It is the intention of the parties that the laws
of the State of Texas shall govern the validity of this Indemnity
Agreement, the construction of its terms and the interpretation of the
rights and duties of the parties hereunder.
WITNESS our hand the day and year first above written.
CITY OF WYLIE, TEXAS
By:
Bill Dashner, City Manager
By:
Paul D. Beaver, P.E., Director
of Planning and Engineering
PATE & PATE ENT PRISES, INC.
By:
Steve Pate, rest ent
MEMORANDUM
DATE: February 21 , 1991
T0: City Council
FROM: Bill Dashner, City Manage V645...8
RE: Discuss and Consider Tort Claim for Property
Damage Against the City and Authorize
Payment and Authorize Seeking Reimbursement
Under the City' s Liability Insurance Carrier
Presented for your consideration is a tort claim
filed by Mr . Gilbert Lewis Welch in the amount of
$16 ,500 as a part of the settlement on alleged
damage and losses during the construction of and
installation of a sewer line . This claim by law
had to be filed as a tort claim in order for
payment to be made. I will also seek reimbursement
from the City' s public liability insurance carrier .
I don ' t know how successful I will be but the
effort will be made.
Attachment: Tort Claim
NOTICE OF CLAIM
AGAINST THE CITY OF WYLIE, TEXAS
PERSONAL INJURY - PROPERTY DAMAGE
File this claim within 45 days of the injury or property
damage with:
CITY SECRETARY
CITY OF WYLIE, P. 0. BOX 428
WYLIE, TEXAS 75098
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Please pri ..nt full name Telephone Numbers
50 ► Lk14,- -lk'uc u Liu t& tiVi-16 M 1SOGI ?
Mailing Address City, State, Zip
The TOTAL amount of your claim against the city is: ($)
(Use other side for details)
Describe in your own words WHERE, WHEN, and HOW the damage
or injury occurred. Attach additional pages if necessary.
Give names and addresses of others involved if known.
Location:
Date: Approximate Time (AM/PM) :
Va.m4`?"-a 1- i eir-e-etu231, __ & �4e4t-`l
( up �' ze -t) ce e 44 , c,
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Give details of your claim against the City. Attach copies
of any repair estimates, medical reports, etc.
4L i.ee A1Wi/kr
ALL THE STATEMENTS MADE IN THIS CLAIM ARE TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE:
2 - 20 -9 I .Jei4,iil,z
Date Signature of Claimant
Article 10, Section 8 - Damage Suits of the Charter of the
City of Wylie states before the City shall be liable for any
claim for damages for the death or personal injuries of any
person or for damages to property, the complainant or his
authorized representative shall notify the City Secretary.
The notification shall be in writing and shall state
specifically how, when and where the death, injury or damage
occurred; the amount of loss claimed; and the identity of
any witnesses upon whom it is relied to establish the claim.
The notification shall be filed within forty-five (45) days
of the date of injury or damage or , in the case of death,
within forty-five (45) days of the date of death. The
failure to so notify the City within the time and manner
specified shall exonerate, excuse and exempt the City from
any liability whatsoever. No action at law shall be brought
against the City until at least sixty (60) days have elapsed
since the date of notification.
SETTLEMENT RECAP
(Settlement agreement as of February 12, 1991 )
A. Settlement of claim against Pate & Pate : $ 7 , 000. 00
1 . Stable four additional horses for three months :
(4 for 3 mo . @ $250. 00/mo. )
2. Purchase large bales of hay for pasture horses :
(2 @ $35. 00/ea . )
3. Additional construction easement charge for
area outside of the original construction
easement that was used by the contractor , without
owners permission, as thou it were a part of
the original construction easement :
( 1 , 629 l . f . x 15 l . f . wide = 24 , 435 s . f . /
24, 435 s . f . @ $0. 172 - same as original rate)
4. Sod additional construction easement area in the
same manner as required at the original
construction easement and as required by the
original Easement Agreement :
( 24 , 435 s . f . @ $0. 275/s . f . )
B. Payment by City in lieu of performance as required 9, 500. 00
by Easement Agreement :
1 . Sod original construction easement area as
• required by the original Easement Agreement :
(55 , 752 s. f . @ $0. 275/s. f . )
2 . Sod permanent easement area as required by
the original Easement Agreement :
(35 , 587 s . f . @ $0. 275/s . f . )
Not - .
Since this settlement amount with the City is not
adequate to cover the cost of sodding as required
by the Easement Agreement , I plan to sprig or pulg
and then overseed . This amount will also be
sufficient to cover the cost of fertalizing and e
watej3.ng as may be required in the case of dry, ,--
weather„
Total $ 16, 500. 00
page 1
November 27 , 1990
Mr . Paul Beaver
City of Wylie
Engineering Department
P. 0. Box 428
Wylie, Texas 75098
Dear Mr . Beaver :
Thank you for taking the time to talk with me earlier this month. I
very much appreciate you co-ordinating the re-installation of my pasture
fence that had been taken down by the City ' s contractor during the
construction of the new sewer line. The back-filling of the excavated
areas is also appreciated . I as well as city employees other than
yourself have been abject failures at getting this contractor to
accomodate these needs .
The fence was taken down on approximately July 25 , 1990 and was not even
partially re-installed until around October 25 , 1990 and the balance
remained down until about October 31 , 1990. The back-filling of the two
large excavated areas parallels these same dates .
By August 8, 1990, I had personally asked the Contractor ' s jobsite
superintendent (Mr . Buddy Whiteside) on two different occasions to
install temporary gates for his access thru the fences or to put the
fences back up. Also , I asked him to install perimeter protection
around the large deep excavations that were being left open for long
periods of time. I know that fencing requests continued to be made by
city employees after August 8, 1990. In both of my meetings with Mr .
Whiteside , his response was that he didn ' t feel he had any
responsibility to install temporary gates or replace any fences until
the project was completed . His expressed reasoning was that the day he
started construction there were not any horses in this pasture thus , he
didn ' t feel that he needed to accomodate any grazing requirements on my
property even though he was doing so on adjacent property . I explained
to him that two days before he started actual construction on my
property I had talked to his surveyors as the were leaving after staking
the property . At that time my horses were grazing this pasture but I
told his surveyor that I wanted to be a good neighbor and I would take
my horses out of that pasture until construction started so that stakes
wouldn ' t be knocked down before the construction crew was oriented to
their locations. This obviously fell on deaf ears as far as Mr .
Whiteside was concerned .
Also , the grass has been destroyed in the entire permanant and
construction easement areas except for that area across the dam where
the boring took place. In addition, there is approximately 24 , 435 s . f .
of area outside either easement where the grass has been destroyed .
This is an area that was used by the contractor , for his convenience and
without my permission, to transport his equipment from one area of
construction to another .
page 1
•
I met with Mr . Whiteside and two city employees (Don White and Ray
Cory) on August 8, 1990. In that meeting as well as my previous
meeting with him, Mr. Whiteside exhibited an attitude of arrogance and
in the August 8, 1990 meeting specifically stated that he had the right
to destroy anything within the easement that he so desired without any
regard to the desires or rights of the property owner . This attitude
was certainlly obvious during and after the construction activity took
place. A number of trees were destroyed (some unnecessarily) , fences
were cut and left down, and large deep holes were dug without any type
of perimeter protection to prevent horses from falling in. Also ,
numerous tree limbs were literally and unnecessarily torn and broken
from trees, some of which were large pecan trees . It was only after
extended pressure from the city over several weeks that Mr . Whiteside
adequately addressed the tree limb problem.
It is obvious from the above that my back pasture, the vast majority of
which is outside of any city easements , has for three months been
rendered totally unuseable as pasture for my horses . With nine horses
this has forced me to suppliment pasture feeding as well as keep four
additional horses in stalls over and above my stallion which I would
have otherwise kept stalled anyway . This has caused an additional
physical and financial burden which the City ' s contractor should not
have forced us to endure . As a result I am asking the City of Wylie to
withold from the contractors ' payments the following :
A. Items not included in Easement Agreement .
r
1 . Stable four additional horses for three months : $ 3,000. 00
(4 for 3 mo . @ $250. 00/mo . )
2 . Purchase large bales of hay for pasture horses : 70. 00
( 2 @ $35. 00/ea. )
3 . Additional construction easement charge for 420. 00
area outside of the original construction
easement that was used by the contractor , without
owners permission, as thou it were a part of
the original construction easement :
( 1 , 629 l . f . x 15 l . f . wide = 24, 435 s . f . /
24, 435 s . f . @ $0. 172 - same as original rate)
4. Sod additional construction easement area in the 6, 720. 00
same manner as required at the original
construction easement and as required by the
original Easement Agreement:
(24, 435 s . f . @ $0. 275/s. f . )
B. Items included in Easement Agreement .
1 . Sod original construction easement area as 15, 332. 00
required by the original Easement Agreement :
(55, 752 s . f . @ $0. 275/s . f . )
2. Sod permanent easement area as required by 9, 786. 00
the original Easement Agreement :
(35, 587 s . f . @ $0. 275/s. f . )
Total $ 35, 328. 00
page 2
Since I was told by the City two months ago that the Contractor had
agreed to sod the above areas promptly and it still isn ' t done , I do not
feel that I can trust the Contractor to follow-through as he should .
Also, the proper period for sodding has now passed. Therefore , I would
prefer that these funds now be witheld from payments due the contractor .
Thank you for your attention to these matters . Please advise as soon as
possible the status of this situation.
Sincerely ,
Gilbert L. Welch
page 3
January 13, 1991
Gilbert L. Welch
501 Lake Ranch Ln.
Wylie, Texas 75098
Mr . Steve Pate
Pate & Pate Enterprises, Inc .
1423 Brazos Drive , Suite D
Huntsville, Texas 77340
Re: City of Wylie - Muddy Creek Interceptor
Dear Mr . Pate:
I am in receipt of your January 7 , 1991 letter . However, since my
easement agreement is with the City of Wylie, as is your contract, I
request that you direct all correspondence to the City of Wylie and copy
me with that correspondence. I will be glad to respond to any
reasonable request made by the City .
As stated in my letter dated November 27 , 1990 to the City of Wylie , my
efforts to resolve my problems with your jobsite superintendent (Mr .
Buddy Whiteside) were totally fruitless. Also, on December 8, 1990, I
met with Mr . Doug Bisballe of your office for the purpose of resolving
these issues and he promised to be back in touch with me within one
week . As of this date I have still not heard back from Mr . Bisballe.
Obviously, your organization has been less than enthusiastic about
. resolving these issues with me and I trust that the Cities more direct
involvement will result in a more prompt resolution.
Sincerely ,
Gilbert L. Welch
cc : Paul Beaver , City of Wylie
•
)//f45)
INVOICE
From: Gilbert L. Welch Date: Janurary 13, 1991
Range Creek Ranch Arabians
501 Lake Ranch Ln.
Wylie , Texas 75098
To: Pate & Pate Enterprises, Inc .
c/o City of Wylie
2000 Hwy 78N - P. O. Box 428
Wylie , Texas 75098
==-==============
For period from approx. July 25, 1990 to approx . October 31 , 1990.
1 . Stable four horses for three months : $ 3, 000.00
(3 mo . @ $250. 00 / mo . x 4 horses)
2. Purchase large bales of hay for pasture horses : 70. 00
(2 @ $ 35. 00 / ea . )
3. Additional construction easement charge for 420. 00
area outside of the original construction
easement that was used by Pate & Pate, without
owners permission, as thou it were a part of
the original construction easement :
( 1 , 629 l . f . x 15 l . f . wide = 24 , 435 s . f . -
24 , 435 s . f . @ $0. 172 / s . f . )
4. Sod additional construction easement area in 6, 720. 00
the same manner as required at the original
construction easement and as required by the
original Easement Agreement :
(24, 435 s . f . @ /$0. 275 / s . f . )
$ 10, 210.00
February 7 , 1991
Mr . Paul Beaver
City of Wylie
Engineering Department
P. 0. Box 428
Wylie , Texas 75098
Dear Mr. Beaver :
As a follow up to our meeting on February 4 , 1991 , I regret that we were
unable to reach an agreement with Pate & Pate. I do however appreciate
your and Mr . Dashner ' s efforts and feel that Mr . Dashner conducted the
meeting in a very professional manner .
To recap, my original claim against Pate & Pate totaled $10, 210. This
is as detailed in my letter dated November 27 , 1990 and my invoice dated
Janurary 13, 1991 . In our meeting, Mr . Steve Pate offered to settle for
$5 , 000. I stated that I would accept $7 , 000 if we could settle
immediately and put this issue behind us . Mr . Pate then offered to
settle for $6, 000 but stated that he was not willing to grarantee that
until he had an answer from the city reguarding other unrelated items.
I declined Mr . Pate ' s offer . Mr . Dashner then asked Mr . Pate if he
would settle for $6, 500 and Mr . Pate ' s response was no. After Mr . Pate
said no I was not asked to respond and therefore gave no response.
After failure to reach a settlement , Mr . Dashner asked if Mr . Pate I
would accept arbitration. Mr . Pate ' s response was no. My response was
yes .
Considering their actions , I feel that my original claim was just and
overly fair to Pate & Pate. As you know, it did not reflect several
losses that their actions forced on me. Therefore, in light of Mr.
Pate ' s unwillingness to be reasonable reguarding settlement , I am
enclosing a revised invoice which I feel more accurately reflects the
proper remuneration due from Pate & Pate .
The attached revised invoice totals $17, 633. I will however let my
offer to settle the Janurary 13, 1991 invoice for $7 , 000 stand until
February 12 , 1991 . After this time the attached invoice dated February
7, 1991 is to be considered to have replaced the invoice dated Janurary
13, 1991 amd I respectfully request that the appropriate funds be
witheld from any payments made to Pate & Pate until this issue is
resolved .
Thank you for your attention to this matter .
Sincerely,
Gilbert L. Welch
page 1
INVOICE
From: Gilbert L. Welch Date: February 7 , 1991
Range Creek Ranch Arabians (replaces inv. dated 1-13-91)
501 Lake Ranch Ln.
Wylie, Texas 75098
To: Pate & Pate Enterprises, Inc.
c/o City of Wylie
2000 Hwy 78N - P. O. Box 428
Wylie , Texas 75098
____ ___
For period from approx. July 25, 1990 to approx. October 31 , 1990.
1 . Stable four horses for three months : $ 3 , 190.00
(3 mo. @ $265. 00 / mo. x 4 horses)
NOTE!
Previous invoice reflected an estimate of market
value. This invoice reflects actual rates charged
by Glen Lakes Stables on Parker Road .
2.. Purchase large bales of hay for pasture horses : 70. 00
(2 @ $ 35. 00 / ea. )
NOTE!
Check # 4275 & # 4552
3. Additional construction easement charge for 420. 00
area outside of the original construction
easement that was used by Pate & Pate, without
owners permission, as thou it were a part of
the original construction easement :
( 1 , 629 l . f. x 15 l . f. wide = 24, 435 s . f . -
24, 435 s. f . @ $0. 172 / s . f . )
4. Sod additional construction easement area in 7 , 453. 00
the same manner as required at the original
construction easement and as required fry the
original Easement Agreement :
(24, 435 s. f . @ /$0. 305 / s . f . )
NOTE!
Previous invoice was based on $0. 275/s . f . in
an effort to be overly fair to Pate & Pate .
The lowest bid I received was for $0. 305 / s . f.
and was from Southwest Landscape.
5. Unecessary destruction and removal of trees. 4, 500. 00
(+-30 trees @ +-$150. 00 ea. )
6. Damage to remaining trees by excessive removal 2 , 000. 00
of limbs and elimination of pasture shade .
$ 17 , 633.00
MEMORANDUM
DATE: February 21, 1991
TO: City Council
FROM: Bill Dashner, City Manage
RE: Discuss and Review Opinion From First
Southwest Company on 1990 Bond Funds
Interest Earnings and 1988 Bonds for
Possible Lowering of Water and Sewer
Rates As Discussed by the City Council
I have a written opinion which is attached from
First Southwest Company indicating that :
1 . Interest earnings from the 1990 $3 .5 bond fund
may be used to help lower water and sewer rates .
2 . The trust indenture setting up the 1988 bond
issuance does not stipulate a sewer sur charge,
therefore, the sur charge pass thru of $5 .00 could
be reduced thereby lowering water and sewer bills.
3. To buy back a portion of the 1990 bonds would
not be advisable under existing market conditions .
Attachment: First Southwest Company' s Opinion
FIRST 0911the,aeot COMPANY
INVESTMENT BANKERS
500 FIRST CITY CENTER
1700 PACIFIC AVENUE
DAIIAS, TEXAS 75201
FRANK J. MEDANICH
EXECUTIVE VICE PRESIDENT February 15, 1991 (214)953-4000
Mr. Bill Dashner
City Manager
City of Wylie
2000 Highway 78 North
P.O. Box 428
Wylie, Texas 75098
Dear Bill:
By letter dated January 23, 1991, you have posed certain questions and asked us
to comment on matters pertaining to proposed adjustments to the City's Water and
Sewer System rates. The questions posed are summarized as follows:
1. Can the City Council amend an Ordinance, adopted on October 9, 1990, to
reduce a surcharge fee which was dedicated to the payment of $2,000,000
North Texas Municipal Water District Bonds issued in the City's behalf in
1988?
2. Does the Trust Indenture and the Official Statement of the Bonds stipulate
this surcharge, or does it just indicate that utility revenues and rates
should be sufficient to retire the debt?
In response to these questions, I have reviewed the transcript of proceedings
related to the authorization and issuance of the $2,000,000 North Texas Municipal
Water District Sewage Treatment Services Contract Revenue Bonds, Series 1988 (City
of Wylie Project) and have noted that on January 28, 1988 the District authorized the
issuance, sale and delivery of the $2,000,000 of bonds pursuant to terms and conditions
contained in that certain "North Texas Municipal Water District - City of Wylie
Sewage Treatment Services Contract", dated June 28, 1987. Under terms of this
Contract (particularly Section 7. thereof) the City agrees to make payments to the
District in amounts necessary to pay principal and interest on the bonds, such amounts
as are necessary to make all payments into any debt service reserve fund or other
special fund and such amounts equal to the amount of operation and maintenance
expenses of the District related to the City's expanded wastewater disposal system.
All payments to be made to the District under the Contract are defined to constitute
reasonable and necessary "operating expenses" of the City's combined waterworks and
sewer system. Section 7(e) of the Contract states that "The City agrees to fix and
collect such rates and charges for waterworks and sewer services to be supplied by its
combined waterworks and sewer system as will make possible the prompt payment of
all expenses of operating and maintaining the entire Plant and operating and
maintaining the City's entire combined waterworks and sewer system, including all
•
FIRST egeathWea COMPANY
Mr. Bill Dashner
February 15, 1991
Page 2
payments, obligations, and indemnities contracted hereunder, and the prompt payment
of the principal of and interest on all City bonds or other obligations heretofore and
hereafter issued or incurred to be payable from the net revenues of its combined
waterworks and sewer system".
An amendment, per se, of any ordinance adopted by the City Council should, I
believe, be submitted to your City Attorney for an opinion. However, in reviewing the
Bond Resolution and your contract with the District referred to above, I have found no
reference which would stipulate, dedicate or otherwise pledge the surcharge alluded to
in the City's Ordinance, and referenced in your letter, to payments you have
committed to make to the District.
With regard to investment earnings on the City's $3,500,000 bond issue dated in
1990, I have visited with Bond Counsel and am advised that such earnings may
legitimately and appropriately be used to pay debt service on the bonds.
Lastly, it would be possible to locate and buy back the suggested amount of
$1,000,000 of Series 1990 issue, but it is likely that under existing market conditions
they would have to be purchased at a premium. An alternate course of action would
be to simply deposit the money into the Interest and Sinking Fund to pay the bonds as
they mature.
If we can be of any further service, I trust you will be in touch.
Sin - - y yours,
Mop
licefflattlf,
Fran J. Medanich
F3M:dp
A�
Niglie
CITY OF VVYLIE3
2000 HWY.78 N.-P.O.BOX 428
WYLIE,TEXAS 75098
(214)442-2236 • FAX 442-4302
John Akin
Mayor January 23, 1991
Mr . Frank Medanich
Don Hughes First Southwest Company
MnyorPro-Tem 500 First City Center
1700 Pacific Avenue
Dallas , Texas 75201
William Martin
City Council Dear Frank,
The City Council of Wylie on January 22 , 1991 discussed
lowering water and sewer rates as the attached study
indicates . The City was concerned about one (1 ) area of the
proposed adjustment. This area is the sewer sur charge
Pat Stemple spelled out in the ordinance referenced on page 56 . I have
City Council marked that section for you. The Council' s concern is ,
since the sur charge fee was dedicated to the 1988
$2 ,000,000 North Texas Municipal Water District Bonds on the
sewer plant can the Council now by amending the ordinance
reduce this figure? Does the trust indenture and the
Steve Wright official statement in the bonds stipulate this sur charge or
City Council does it just indicate that utility revenues and rates should
be sufficient to retire debt? I would also like for you to
comment on using interest revenue on the 1990 $3,500,000
bond issuance to help pay debt service thereby reducing
water rates accordingly.
Percy Simmons Also
City Council you need to comment on buyback of approximately
$1,000,000 worth of the 1990 $3,500 ,000 bonds . Would it be
possible to purchase these bonds back?
Sincerely yours,
Chuck Wible il A��/.'�
City Council
B Dashner
City Manager
•
Bill Dashner Attachment: Water and Sewer Reduction Proposal
City Manager
MEMORANDUM
DATE: February 19 , 1991
TO: City Council
FROM: Bill Dashner, City Manager roe
RE: Discuss and Consider Payment of Claim for
Purchase of Three (3) New 1991 Police Patrol
Units
As you know, we have accepted delivery of the three
1991 Chevrolet Caprice patrol vehicles and these
units have now been fully outfitted and placed in
service. All of the cars were delivered from the
dealership equipped as specified in our Bid No. 91-
07 , which was awarded by Council on November 27 ,
1991 .
It is recommended that , upon Council approval ,
payment be made promptly to Ray Chevrolet in the
amount of $44 ,997 . Copies of the purchase order
and invoices are attached .
R4p 2444."' NATIONAL FLEET HEADQUARTER$ IIAII
2 9 JAW 1991
Rcity
• jaejjj"olet
1001 PlannKI(/ OEO Box Bsszsa o�1739
Piano,Texas 75088 EOLD aV
OUR PROFESSIONALISM SHOWS (214)887-4000 ZACCARI,ANTI
solo'ro DoraCE No.
CITY OF WYLIE VEHICLE INVOICE 31149
AODAEEE
P•0 BOX 423 14990.+
FACTORY INVOICE AMOUNT $
CITY ZIP
WYLIE TX 75098 DEALER INSTALLED OPTIONS
P.O.NO. NO.
TITLE INSTRU TIONS r, ;.: r-R.r ael, ;'-``.
'NANO
AOOREEE
ITT STAtS ZIP
VEHICLE DESCRIPTION ' • �,''�•' ';`tit"',°� DEALER MARK UP
Noon MLOR TIAN
CAP 199: 1499°.
YIN LICENSI NO
SUB TOTAL
1 G1 BL5374t 1R119038
LESS- TRADE-IN ALLOWANCE
KEY IGNITION TR{IMII 149°9
NO. TOTAL $
STATE SALES TAX
• DESCRIPTION OF TRADE-IN •:.:*: :: .:r:':; •
•
YEAR MASS MODEL
TITLE FEE
VIN mow No.
LICENSE FEE
aIOCkE DOCUMENTARY FEE
LIEN INFORMATION; STATE INSPECTION
Loin NOLDIR
DELIVERY EXPENSE
BRIDGE AND ROAD TAX
TOTAL DUE
ORAUT AMOUNT DATE Cl LIEN
UNAPT TNAU•
TERMS:
NET DUE 10 DAYS
GIVEN EV
DISCLAIMER OF WARRANTIES A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCU-
Any warranties on the products sold hereby are those made MENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
PER-
by the manufacturer. seller herebyexpressly disclaims FORMINGFORRGED O BUYERS SERVICESRELATING FOR HANDLINGTHE CLOSING OSF
AND IE SALE.
all warranties, either express or implied p 9any MAYVOI TOF FEE TOOG THE A LR
p pl eC, including im- BUYERS AVOID PAYMENT OF THE FEE SELLER
plied warranty of merchantability or fitness for a particulpr BY HANDLING THE DOCUMENTS AND PERFORMING THE SER-
purpose, and the seller neither assumes nor authorizes any VICES RE
OF
THE S SALE.
NOT IS -DOCU-
other to assume for it any liability in connection with the MENT FEE MAY NOT EXCEED =6
D BY LAW.
sale of said products. .
A a 0 PRINTING■214/98e-1
R410 W llsts NATIONAL FLEET HEADOUARTER7 DATE
29 JAPI 1901
•' 4 chevroiet OEO low Colt Road at Plano Parkway woes w.
Box esszse 601140
Plano.Texas 75086 Lola EY
OUR PROFESSIONALISM SHOWS (214)867-4000
SOLD TO INVOKE NO.
CITY OF WYLIE VEHICLE INVOICE 31148
ADDRESS
P. 0 BOX 428 14999.1
FACTORY INVOICE AMOUNT $
CITY ZIP
WYLIE TX 75098
PO.NO. FLEET NO. DEALER INSTALLED OPTIONS
013550 704622
TITLE INSTRUCTIONS u= 1- ;,:•
:r
NAME
ADORERS
CITY STATE ZIP
• • VEHICLE DESCRIPTION` ' ''•"y''"' �' ': =" DEALER MARK UP
MODEL COLOR YEAR
CAP WHITE 1991 14999.
SUB TOTAL
vMI mess NO.
1G13L5371MR119109
IGNITION TRUNKLESS — TRADE-IN ALLOWANCE
KEY L05 L05 1d999.
NO. TOTAL •
DESCRIPTION OF TRADE-IN STATE SALES TAX
YEAR MAKE ••. MOOIL
TITLE FEE
YIN LICENSE NO.
LICENSE FEE
Stock E A.C.V. DOCUMENTARY FEE
LIEN INFORMATION.a::•-;4:;,.;••••;,,Lt Rtt •. STATE INSPECTION
LIEN MOLDER
DELIVERY EXPENSE
BRIDGE AND ROAD TAX
TOTAL DUE $ 14999.
DRAFT AMOUNT OATS OF LIEN
DRAFT UMW
TERMS:
NET DUE 10 DAYS
DIVER sr
DISCLAIMER OF WARRANTIES A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCU-
Any warranties on the roducts sold herebyare those'made MENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
CHARGED TO BUYERS FOR HANDLING DOCUMENTS AND PER-
by the manufacturer. The seller hereby expressly disclaims FORMING SERVICES RELATING TO THE CLOSING OF A SALE.
all warranties, either express or implied, including any im- BUYERS MAY AVOID PAYMENT OF THE FEE TO THE SELLER
plied warranty of merchantability or fitness for a particulpr BY HANDLING THE DOCUMENTS AND PERFORMING THE SER-
purpose, and the seller neither assumes nor authorizes any VICES RE
MAY NOT EXCEEDi 6 ATIICLOSING
OF THIS THE
SALE.
NOT IS -DOCU-
other to assume for it any liability in connection with the MENTARY UIRED BY LAW.
sale of said products.
A&D PRINTING a 214/361.
R'W W #ru NATIONAL FLEET HEADQUARTER OATS
29 JAN 1991
• cc12P' i lowColt Road at Plano Parkway•
Ray - QED Box 869269 601757
Plano,Texas 75086 sow
OUR PROFESSIONALISM SHOWS (214)867-4000 ZACCARI,ANTI
.oLO'ro INVOKE NO.
CITY OF WYLIE VEHICLE INVOICE 31147
ADDRESS
PO BOX 428 (
FACTORY INVOICE AMOUNT $ 14999.
City ZIP
!WYLIE TX 75093
DEALER INSTALLED OPTIONS
P.O.NO. -FLEET NO.
013550 704622
TITLE INSTRUCTIONS +1i •9'z"";?;5"
NAME . .
ADORERS
CITY STATE ZIP
VEHICLE DESCRIPTIO(d ? '��:
COLON YEAR
MODEL DEALER MARK UP
CAP 14.g9,
1991
SUB TOTAL $
VIN LICENSE NO.
1G1BL5373MR119662
LESS— TRADE-IN ALLOWANCE
KEY IGNITION TRUNK
NO. TOTAL ____ $ 14993.'
DESCRIPTION OF TRADE-IN STATE SALES TAX
YEAR MAKE MODEL
TITLE FEE
VIM LICENSE NO.
LICENSE FEE
mocks A.C.V. DOCUMENTARY FEE
—
• LIEN INFORMATION • ' +aq*=t
STATE INSPECTION
LIEN MOLDER
DELIVERY EXPENSE
BRIDGE AND ROAD TAX
TOTAL DUE $ 14999.
GRAPY AMOUNT OATS OF LIEN
ONAPT MOW
TERMS:
NET DUE 10 DAYS
GIVEN SY
DISCLAIMER OF WARRANTIES A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCU-
Any warranties on the products sold hereby are those made MENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
the manufacturer. seller here expressly disclaims FORMINGRGED EO BUYERS RELATING FOR HANDLING CLOSING OF
AND PER-
by �y P Y FORMING SERVICES TO THE CLOSING OF A SALE.
all warranties, either express or implied, including any Im- BUYERS MAY AVOID PAYMENT OF THE FEE TO THE SELLER
plied warranty of merchantability or fitness for a particulpr BY HANDLING THE DOCUMENTS ANO PERFORMING THE SER-
purpose, and the seller neither assumes nor authorizes any VICES RELATING TO THE CLOSING OF THE SALE. A DOCU-
other to assume for it any liability in connection with the MENTARY FEE MAY NOT EXCEED $28. THIS NOTICE IS RE-
sale of said products. , QUIRED BY LAW.
A&D PRINTING a 214/3694:
�.. PURCHASE OHDER
CITY OF WYLIE
CONFIRMATION ONLY la Wl(LIE, TEXAS 75098 VENDOR NUMBER
ORIGINAL ORDER 013550
REVISED LJrrLL P.O.NUMBER
Phone N Uo1•'40DO
RAY CHEVROLET THISQ P.O. NUMBER MUST APPEAR ON ALL
v E 1001 COLT RD. ACKAGESBA D CORRESPONDENCE.ILLS OF PACKING USTS
Salesperson
N PLANO
D TEXAS ALL FREIGHT F.O.B.
0 75086 WYLIE, PREPAY AND
R ADD TO INVOICE.
202-04540 44997.00
ACCT.it TRIPLICATE
IN
TRIPLICATE TO:
CITY OF WYLIE
PURCHASING
P.O. BOX 428
N. HWY
Date Required 2000
WYLIE, TEXAS78 75098
o Ship Date 214-442-2236'
H TAX EXEMPTION I 1-756000719
PLEASE SHIP THE FOLLOWING MERCHANDISE SUBJECT TO THE CONDITIONS
(DATE REQUISITION NO. BID NO. DATE REQUIRED TERMS
11/29/90 00/00/00 NET 30 DAYS
No. • QUANTITY. . CATALOG OR PART i . ~"'DESCRIPTION' 1 '`? UNIT PRICE DISCOUNT SUBTOTAL/NET PR
3 1991 CHEV. CAPRICE 14999.00 44997.00
POLICE PACKAGE!
AS SPECIFIED IN BID
NO. 91-07
AWARDED BY COUNCIL 11/Z1
DELIVERY WITHIN 120 DAy$
•
SHIPPING COSTS •00
TOTAL 44997.00
i4 €ASE ACKNOWLEDGE IMMEDIATELY AND STATE WHEN SHIPMENT \
WILL BE MADE. AUTHORIZED
DEPARTMENT
SHIP DATE: : . BY:
PURCHAS
AUTHORIZED SIGNATURE: APPROVED A Ai ./
TITLE: FURCNASING A
DATE: BY: B>ri/daiN�`
DIRECTOR OF RN
FINANCE COPY
MEMORANDUM
DATE: February 19 , 1991
TO: City Council
14446°.....1
FROM: Bill Dashner , City Manage
RE: Discuss and Consider Adop ion of Ordinance
Enabling City Employees on an as Needed
Basis to Buy Back Into the TMRS
Attached is an ordinance that if adopted by the
City Council will allow City Employees that leave
Municipal Government and at a later date come back
into Municipal Government an opportunity to
contribute to the fund the amount they would have
contributed with continuous service in order to
qualify for retirement longevity benefits .
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, WYLIE, TEXAS;
ENABLING CITY EMPLOYEES TO BUY BACK INTO THE TEXAS MUNICIPAL
RETIREMENT SYSTEM IN ACCORDANCE WITH SECTION 63.003 OF TITLE
110B REVISED CIVIL STATUES OF THE STATE OF TEXAS.
WHEREAS, the City Council of the City of Wylie, Texas
has determined that City Employees should be able
to qualify for Texas Municipal Retirement System
buy back certification .
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF
WYLIE, TEXAS:
SECTION 1: This ordinance enables City of Wylie Employees
to buy back into the Texas Municipal Retirement System as
long as City Employees fully comply with certification
requirements as stipulated by state law and regulations of
Texas Municipal Retirement System.
SECTION 2: The City of Wylie official designated by this
ordinance for official certification purposes is Personnel
Director, Carolyn Jones.
DULY PASSED by the City Council of the City of Wylie,
Texas, on the day of , 1991
John Akin, Mayor
ATTEST:
Carolyn Jones, City Secretary
♦.•rv. 1/04)
•
if:Mr
/\ w
1�
irw.wr
TEXAS MUNICIPAL RETIREMENT SYSTEM
BUY-BACK CERTIFICATION
In accordance with Section 63.003 of Title 110B, Revised Civil Statutes of Texas, 1925,
as amended. I, Carolyn Jones , City Secretary
(Name) (Title) '
being the official designated by ordinance to make this certification, do hereby certify
that the attached Former Membership Questionnaires show all employees who have had
former service with this or any other member city.
Given under my hand and seal of the City of Wylie , Texas,
this the 26 day of February , 19 91 .
(Signature)
City Secretary
(Title)
J3
MEMORANDUM
DATE: February 19 , 1991
TO: City Council
1111111 .
FROM: Bill Dashner, City Manage
RE: Discuss and Consider Financial Report for
Period Ending January 31, 1991, Fourth
Month of FY91
Through the first four (4) months of this fiscal
year the City has received overall revenue of
$2 ,685 ,000 . During this same period of time the
City has expended $1,557 ,690 with a positive
balance of $1 ,127 ,000 . It is very important to
note that this report does not reflect a $680,000
debt service payment made on February 15 , 1991 . If
that is factored in the City' s current balance is
$447 ,000 . Therefore, the City is 33% through the
budget year and not counting debt service payment
which will reflect in the February report the City
has expended 26% of total projected budget
revenues . The City has received 45% of projected
budgetary revenue. The City' s budget for this year
is $5 ,955 ,000 . Attached you will find major
operational accounts , departmental accounts ,
revenues , expenditures and funds expended toward
the budget and the investment report which does not
reflect the $680 ,000 debt service payment . One
note to the financial report in Street
Reconstruction and Streets and Drainage--this is
due to all the street work and overtime work.
BUDGET SUMMARY 1990-91 FISCAL YEAR
PRINCIPAL OPERATING FUNDS:
BUDGET ELAPSED TIME: 33 . 33%
PERIOD ENDING 01/31/91 : 4TH MONTH
BUDGET REVENUES EXPENDITURES
FUND REVISED AMOUNT % RECEIVED AMOUNT
BUDGET RECEIVED OF BUDGET EXPENDED EXPENDED
GENERAL 3, 460 , 000 1 , 844 , 785 53 . 32% 943, 760 27 . 28%
101-450
UTILITY 2, 090 , 000 707 , 000 33 . 83% 544 , 570 26 . 06%
501 -521
SANITATION/OP 360 , 000 116 , 685 32. 41% 55, 720 15. 48%
651
*IMPACT 45, 000 16 , 715 37 . 14% 13 , 640 30. 31%
901
TOTAL OPERATING
BUDGETS 5, 955 , 000 2, 685 , 185 45 . 09% 1 , 557 , 690 26 . 16%
*IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE
TO NEW ORDINANCE. ACCOUNT FUNDS USED FROM PREVIOUS YEAR TO
ACCOUNT FOR DEFICIT FUNDING. ALSO CAUSED BY IMPLEMENTATION
OF NEW IMPACT ORDINANCE.
. CAPITAL PROJECTS FUNDS
FUND TOTAL AMOUNT % RECEIVED AMOUNT
APPROPRIATION RECEIVED OF BUDGET EXPENDED EXPENDED
74
STREET 115,000 46 , 205 40 . 18% 72 , 200 62. 78%
RECONSTRUCTION
i74 FUND - BALANCE OF FUNDS TO BE USED ARE FROM 1988 C.O. 'S
AND ASSESSMENTS COLLECTED)
91
UTILITY CONST 650 , 000 9, 920 1 . 53% 191 , 885 29. 52%
ENGINEER
TOTAL CAPITAL 765, 000 56 , 125 7 . 34% 264 , 085 34 . 52%
PROJECT BUDGET
DEPARTMENTAL EXPENDITURE SUMMARY BY FUND
BUDGET YEAR TIME ELASPED: 33. 33% - 4TH MONTH
PERIOD ENDING JANUARY 31 , 1991
FUND 10 GENERAL REVISED EXPENDITURE % EXPENDED
BUDGET TO DATE
101 COUNCIL 91 , 250 33, 720 36. 95%
102 CITY MANAGER 153 , 500 31 , 510 20. 53%
103 CITY SECRETARY 92, 000 29, 095 31 . 63%
105 CODE ENFORCEMENT 99 , 000 32, 560 32. 89%
107 ENGINEERING 79 , 500 25, 475 32. 04%
110 FINANCIAL SERVICES 245, 500 102, 705 41 . 84%
120 MUNICIPAL COURT 50 , 750 14, 475 28 . 52%
130 DEBT SERVICE 692 , 500 1 , 275 . 18%
140 BLDG. SERV. /M. COMPLEX 183 , 000 44, 435 24 . 28%
141 BLDG. SERV. /LIBRARY 19, 250 5 , 265 27 . 35%
142 BLDG. SERV. /FIRE 20 , 250 6, 775 33. 46%
143 BLDG. SERV. /P. WORKS 26, 500 9, 155 34 . 55%
144 BLDG. SERV. /PARKS 13 , 000 3, 695 28. 42%
201 POLICE ADMINISTRATION 80, 000 27 , 210 34 . 01%
202 POLICE PATROL 521 , 250 149, 710 28 . 72%
203 POLICE INV. 58 , 750 16, 245 27. 65%
204 POLICE REC. /COMMO. 110 , 250 35, 110 31 . 85%
205 METRO WARRANT OFFICER 40 , 250 11 , 940 29. 66%
220 FIRE DEPT. 100, 250 30 , 380 30. 30%
230 E.M. S. 116 , 250 38, 735 33 . 32%
301 LIBRARY 62 ,000 19, 625 31 . 65%
310 PARKS 93, 000 20, 990 22. 57%
420 STREETS/DRAINAGE 432, 500 228,060 52. 73%
440 GARAGE 41 , 500 10, 965 26 . 42%
450 ANIMAL CONTROL 38, 000 14 , 650 38. 55%
TOTALS 3 , 460, 000 943, 760 27 . 28%
FIGURES ROUNDED TO NEAREST HIGHEST OR LOWEST NUMBER
ON ALL SUMMARIES
38°
DEPARTMENTAL EXPENDITURE SUMMARY BY FUND
BUDGET YEAR TIME ELASPED: 33 . 33% 4TH MONTH
PERIOD ENDING JANUARY 31 , 1991
FUND 2u UTILITY EXPENDITURE % EXPENDED
BUDGET TO DATE
501 UTILITY ADMIN. 339 , 250 21 , 955 6 . 47%
502 WATER 510 , 000 159, 605 31 . 30%
503 WASTEWATER 394 , 000 139, 195 35 . 33%
510 UTILITY BILLING 199 , 50U 69 , 555 34 . 66%
515 DEBT SERVICE 605 , '/5u 150 , 900 24 . 91%
520 IiLDG. SERV . IM. COMPLEX 15 , 500 298 1 . 92%
521 BLDG. SERV. /P. WORKS 26 , 000 3 , 065 11 . 'I9%
TOTALS 2, 090 , 000 544, 570 26. 06%
DEPARTMENTAL EXPENDITURE SUMMARY BY FUND
BUDGET YEAR TIME ELASPED: 33 . 33% - 4TH MONTH
PERIOD ENDING JANUARY 31 , 1991
FUND 65 SANITATION/OP. REVISED EXPENDITURE % EXPENDED
BUDGET TO DATE
651 SANITATION 360 , 000 55, 720 15. 48%
149
DEPARTMENTAL EXPENDITURE SUMMARY BY FUND
BUDGET YEAR TIME ELASPED: 33 . 33% 4TH MONTH
PERIOD ENDING JANUARY 31 , 1991
FUND') 74 STREET RECONSTRUCTION BUDGET EXPENDITURE % EXPENDED
TO DATE
741 STREET RECONSTRUCTION 11b, 000 72, 20U 62. 78%
DEPARTMENTAL EXPENDITURE SUMMARY BY FUND
BUDGET YEAR TIME ELASPED: 33 . 33% 4TH MONTH
PERIOD ENDING JANUARY 31 , 1991
FUND 9U IMPACT/LIF"i' BUDGET EXPENDITURE % EXPENDED
TO DATE
*901 IMPACT/LIFT 45 , 000 13, 640 30. 31%
gTHE IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE TO
NEW ORDINANCE.
DEPARTMENTAL EXPENDITURE SUMMARY BY FUND
BUDGET YEAR TIME ELASPED: 33 . 33% - 4TH MONTH
PERIOD ENDING JANUARY 31 , 1991
FUND 91 UTILITY CONSTRUCTION BUDGET EXPENDITURE % EXPENDED
& ENGINEERING TO DATE
911 UTILITY CONSTRUCTION 650 , Ou0 191 , 885 29. 52%
& ENGINEERING
MEMORANDUM
DATE: February 12, 1991
TO: City Council
)111111
FROM: Bill Dashner, City Manager • ��
RE: Discuss and Consider Cit of Wylie
Invested Funds As of February 5, 1991
And Uninvested Balances in Operational
Accounts as of January 31, 1991 .
(Provident Bank)
The following is the amount of money that the City of Wylie had
invested as of January 31, 1991 .
Provident Bank CD#016601* $ 98 ,844 .02 General Fund
$ 98 ,844 .02 UNRESTRICTED FUNDS
Provident Bank CD#016517* 68,802 .37 Perimeter Street
Provident Bank CD#016602* 81,202 .41 Perimeter Street
Provident Bank CD#016620* 87,059.66 Utility Deposit Reserve
Provident Bank CD#016621* 98 ,000 .00 Utility Deposit Reserve
Provident Bank CD#016619* 95,556 .45 Utility Bond Reserve
$430 ,620 .89 TOTAL RESTRICTED FUNDS
Freddie Mac' s $1,908, 129.06 TOTAL BOND FUNDS INVEST
U. S. Government
$2 ,437 ,593 .97 TOTAL ALL FUNDS
*All funds backed up by U. S. Government Securities
($100 ,000 ceiling , FDIC not applicable)
The following is a list of the uninvested balance
in each fund as of January 31, 1991 .
General Fund $ 536 ,193 .21
Utility Fund 266,674.41
Utility Refund 13 ,141 .22
Municipal Court 14,696 .55
Payroll 44 ,525 .05
Utility Deposit 21,840.53
General Interest & Sinking 493 ,824 .71
Utility Interest & Sinking 8,557 .33
Perimeter Street 150 ,171 .48
Utility Bond Reserve 6,726.80
Impact 19 ,750 .11
State Court 22,851.68
Community Room 2,395 .00
Sanitation Operating 39 ,493.30
Return Check Fund 445 .09
Street Reconstruction 49,322 .72
Landfill 1,193 .89
Sales Tax 2,837 .56
Library 1,145.27
Police Training 83 .53
Park Contributions 15,558.25
Utility Construction 92 ,936 .03
Economic Development 0.00
Landfill Closure 3 ,149.36
Service Center/Animal Shelter 83.70
UNINVESTED FUNDS AS OF 01/02/91 $1,807,596.78
TOTAL INVESTED FUNDS $2,437 ,593.97
TOTAL UNINVESTED FUNDS 1,807,596.78
TOTAL ALL FUNDS $4 ,245,190.75**
**This amount will be significantly reduced by the
debt service payment of $680 ,477 .25 which has to
be made on February 15, 1991 .
MEMORANDUM
DATE: February 14 , 1991
TO: City Council
FROM: Bill Dashner , City Manage 414500.1.10.
RE: Discuss and Consider Hiri Full Time
Building Superintendent in Place of
Janitorial Service.
The City currently has a contract for janitorial
service which expires on March 31, 1991. This
contract is costing the City $23 ,000 per year . I
am not at all satisfied with the frequency and
quality of service provided for City Hall , the
Library and the Public Works Complex. I have
evaluated the situation and believe that a full
time janitor or building superintendent could do a
much better job and take care of maintenance in the
complex where we are currently using other City
Employees or outside contractors . Therefore, I
would recommend that the City Council approve a new
position entitled Building Superintendent to take
care of all the areas contained in this contract .
I would recommend that the salary be based at
around $22,000 or $23,000 per year, the same as the
service cost .
Attachment
SPECIFICATION AND REQUIREMENTS
JANITORIAL SERVICE AND MAINTENANCE CONTRACT
CONTRACTOR WILL FURNISH:
1 . All restroom supplies - Soap and towel dispensers, as
needed, toilet paper, toilet seat liners, paper towels
sanitary products, soaps for dispensers, deodorants,
disinfectants , cleaners, and so forth. Time release
air-.freshner/deodorizer units will be provided for each
restroom.
2. Trash can liners for various sized trash cans.
3 . All light bulbs for various sized light fixtures,
including exit lights .
4. All cleaning supplies, waxes, polishes, mops, dust
mops brushes , buffers, vacuum cleaners and any other
materials and equipment necessary for the proper
cleaning and maintenance of the buildings.
CONTRACTOR WILL:
1 . Dust/clean all furniture, desks , window sills ,
bookcases , computer terminals , file cabinets , counters
and entry doors daily; mini blinds weekly. Window
cleaning ( interior and exterior) will be performed
on a bi-weekly schedule.
2 . Sweep and mop floors daily.
3. Vacuum carpets daily.
4 . Empty all trash cans daily.
b. Clean and disinfect all restrooms daily, replace
paper towels, restroom deodorants, toilet paper,
toilet seat liners, and soap as required . Extra
toilet rolls should be left out for use if needed.
6. Buff all floors as required to maintain high gloss
finish, at .least once per week.
7 . Strip and rewax floors at least three times annually.
8 . Carpet cleaning extractions in heavy traffic areas once
per quarter, spot clean carpet daily.
9. Shampoo carpets in Library and Municipal Complex at
Least three times annually, Public Works Building at
least twice a year.
10 . Sweep and/or clean sidewalks and entrances to buildings
daily; shake out/sweep entrance mats as required to
maintain a clean , professional appearance.
11 . Clean ashtrays daily, and replace sand as required in
designated smoking areas, dispose of all paper in ash-
trays and entrance ways.
12. Clean and dust .light fixture lenses and return air
ducts once per month.
13 . Lock all offices and buildings before leaving, making
sure all doors are secure. Only at the Municipal
Building, Police entrance (North side entrance) will
doors he left unlocked.
14 . All mirrors in restrooms, toilets , lavatories, and
urinals shall be cleaned daily. Shower stalls shall
be cleaned at least weekly. All water fountains shall
be cleaned daily.
15 . Will pick up and dispose of all paper, trash and debris
( including cigarette butt accumulation) in and around
city facilities and parking areas.
16 . Clean jail facility daily, sweep and mop floors,
dispose of any trash and debris . (Security arrange-
ments and procedures will be provided to successful
bidder) . jail is a thirteen cell facility with one
common shower area. Present facility has an average of
two to three persons per week in detention.
17 . Special cleaning of certain facilities ( i. e. Community
Room) , when requested, shall be performed and billed
at an established hourly rate.
18. Established a per square foot cleaning cost of Public
Works Building. This is being done as the City
anticipates building a new facility this year.
The per square foot cost will be used to increase cost
of contract on an additional square foot basis only.
19. Currently only 29 , 000 sq. ft. of Municipal Complex is
being used out of 33 , 600 total . The City may expand
it' s use of the building during the term of the
contract; therefore, the City requests a per sq. ft.
costs on the Municipal Complex, which we will use to
calculate any increases in costs based on additional
space utilized.
FACILITIES TO BE MAINTAINED:
/1 . Municipal Complex, 2000 Hwy. 78 N . , Wylie, Tx. , 75098 .
Approximately 29, 000 square feet including jail
(detention facility) .
J 2. Rita & Truett Smith Library and Community Room, 800
Thomas Street, Wylie, Tx. , 75098. Approximately
7 , 475 square feet.
3 . Public Works Building, 800 W. Kirby, Wylie, Tx. , 75098.
i/ Approximately 1 , 860 square feet.
4 . Tile in square feet in buildings: Municipal Complex -
8450 , Community Room - 1860, Library - 240 .
ADDITIONAL CONTRACT REQUIREMENTS
1 . FUNDING: Funds for payment have been provided through
the budget approved by the Wylie City Council for this
fiscal year only. State of Texas statues prohibit the
obligation and expenditure of public funds beyond the
fiscal year for which a budget has been approved.
Therefore, anticipated orders or other obligations that
may arise past the end of the current fiscal year shall
be subject to budget approval .
2. Contract will begin on April 1 , 1990 and terminate on
March 31 , 1991 . Contract can be cancelled by either
party giving thirty ( 30 ) days notice of termination.
Successful vendor will be required to furnish at least
three (3) references where work of similar nature has
been performed within the past 18 months .
3 . Contractor will supply the names and drivers licenses
of the employees who will be maintaining the facilities
and update any changes to personnel within three (3 )
working days of change.
4 . Contractor/employee must be in company uniform, or
acceptable attire to City, while working in or around
the facilities .
5. Contractor must provide proof of workmans compensation
insurance ( standard coverage) .
6. Contractor must provide proof of automobile insurance
‘51..0
for vehicle driven to and from the facilities (standard
coverage) .
7 . Successful bidder will :furnish proof of insurance of
$25,000 security bond, liability insurance in amounts
of $100,000 - $300 , 000 - $100 , 000 .
8 . Contractor will be paid on a monthly basis on/about the
15Th of the month for previous month' s work.
9. Contractor will maintain updated personnel list at all
times with City , listing persons employed by name,
date of birth, and drivers license number or Department
of Public Safety I .D. number.
10 . All employees of contractor will wear I .D. size colored
picture ( 1" X 2 X 1/2" ) of employee, with name of
contractor and name of employee easily readable and
worn by employee at all times while in City buildings.
11 . A complaint/comment log will be maintained by the City
to monitor substandard performance or non-compliance
with contract: . Contractor .is required to respond to
complaints within 48 hours.
12. Contractor will state written price of annual contract:
Annual rate:
Additional Cost Poor
Sq. Ft. For Municipal
Complex Expansion:
Additional Cost Per Sq.
Ft. for Public Works
Expansion:
(Hourly rate for special
cleaning and related serv. ) :____
Contractor Name/Address:
Contractor Signature:
Date:
•
MEMORANDUM
DATE: February 14 , 1991
TO: City Council
FROM: Bill Dashner , City Managl :
.�
RE: Discuss and Consider doption of a
Resolution to Continue the North East
Area Drug Interdiction Task Force
Program
Attached is a resolution for continued
participation in the North East Area Drug
Interdiction Task Force, which includes the cities
of Rockwall, Greenville, Wylie, Rowlett, and
Commerce, also Kaufman , Rockwall , and Hunt
Counties .
The attached Resolution is being submitted for
approval of the City Council and signature of the
Mayor .
The Task Force consists of one sergeant, four
investigators (undercover) , and one secretary.
Various type of equipment is also included .
During the last two quarters of operations, the
Task Force has seized $108 ,058 in street value
narcotics, $41,260 in currency, $300 in weapons ,
and $18 ,900 in asset forfeitures .
It is recommended that the Resolution be approved .
The Rockwall City Manager , Bill Eisen, who is
submitting the grant application to the Office of
the Governor , Texas narcotic Control Program,
requests that the Resolution be returned to his
office no later than March 1 , 1991.
Attachment: Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF WYLIE AUTHORIZING THE
SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL
JUSTICE DIVISION FOR THE FORMATION OF A JOINT DRUG
INTERDICTION TASK FORCE BY THE CITIES OF ROCKWALL,
GREENVILLE, WYLIE, ROWLETT, AND COMMERCE AND THE
COUNTIES OF ROCKWALL, HUNT AND KAUFMAN. AUTHORIZING
THE CITY MANAGER TO EXECUTE THE SAME AND DESIGNATING
THE CHIEF OR POLICE OF ROCKWALL TO BE THE ADMINISTRATOR
OF THE NORTH-EAST AREA DRUG INTERDICTION DRUG FORCE.
WHEREAS, the detection and apprehension of individuals
operating in the field of using, producing, processing and
transporting illegal controlled substances is often hindered
because the range of operations of the criminal offender is
greater than the jurisdiction of the peace officers called upon
to investigate the crime; and,
WHEREAS, individuals engaged in using, producing, processing
and transporting illegal controlled substances often commit
criminal offenses in numerous counties and cities during a brief
period of time in a continuing scheme of criminal conduct; and,
WHEREAS, individuals engaged in using, producing, processing
and transporting illegal controlled substances are often involved
in other criminal activity; and,
WHEREAS, the North East Texas area is so structured that the
efforts of a single law enforcement agency are often inadequate
to detect and apprehend individuals committing criminal acts in
numerous counties and cities; and,
WHEREAS, past experience in the North East Texas area has
indicated that a cooperative effort between cities and counties
in the area has been effective in detecting and deterring the
activities of individuals engaged in illegal activities to the
mutual benefit of all the cities and counties in the North East
Texas area; and,
WHEREAS, the Texas Legislature has enacted V.T.C.A. Local
Government Code Sec. 362. 002 to encourage the formation of mutual
aid law enforcement task forces to cooperate in the investigation
of criminal activity and enforcement of the laws of this state;
and,
WHEREAS, THE City of Wylie and other approving law
enforcement agencies have indicated their desire to participate
in and be a part of a cooperative investigative effort to be
known as and designated as the North-East Area Drug Interdiction
Program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WYLIE,
TEXAS, THAT:
Section 1. The submission of the grant application for the
North-East Area Drug Task Force is supported and authorized.
Section 2. The City of Wylie hereby joins, supports, and
will help fund the North-East Area Drug Task Force.
Section 3: The Chief of Police of the City of Rockwall is
hereby designated as the project administrator of the North-East
Area Drug Interdiction Task Force.
Section 4 : The City Manager of the City of Rockwall is
hereby authorized to execute and submit the above referenced
application of the Office of the Governor, Texas Narcotic Control
Program.
DULY PASSED by the City Council of the City of Wylie on the
day of 1991.
APPROVED:
Mayor
ATTEST:
a MEMORANDUM
DATE: February 11 , 1991
TO: City Council
FROM: Bill Dashner , City Manage 46
.lOW
RE: Discuss and Consider Fina Claim From
Shipley & Inhofe on Landfill Closure
Activities
I received the attached bill on February 8, 1991.
This bill is for $2,501 .38. As you know this law
firm was terminated by the City Council in late
December 1990 . I would request your direction on
payment of these charges .
Attachments
S5
SHIPLEY & INHOFE
ATTORNEYS AT LAW
3401 FIRST NATIONAL TOWER•TULSA.OKLAHOMA 74103
CHARLES W. SHIPLEY TELEPHONE (918) 582-1720
DOUGLAS L. INHOFE
MARK B. JENNINGS TELECOPIER 19181 684-7681
BLAKE K. CHAMPLIN
LESLIE C. RINN
JAMIE TAYLOR BOYD February 8, 1991
Mr. Bill Dashner
City Manager
City of Wylie
2000 Highway 78 North
Wylie, TX 75098
Dear Bill:
Enclosed is our most recent statement indicating that
we have absorbed all of the copying costs associated with
providing you the files that you requested and have also
absorbed all the paralegal fees for arranging those files
for you. Enclosed is a copy of the invoice which we sent
you for our December time up through the time that we were
notified of our dismissal. If you have any questions
regarding that bill, please do not hesitate to contact me.
Very truly yours,
Charles W. Shipley
kJ
CWS:kss
Enclosure
617
SHIPLEY & INHOFE
ATTORNEYS AT LAW
3401 FIRST NATIONAL TOWER•TULSA,OKLAHOMA 74103
CHARLES W. SHIPLEY TELEPHONE (918) 562-1720
DOUGLAS L. INHOFE
MARK B. JENNINGS TELECOPIER (918) 584-7681
BLAKE K. CHAMPLIN
LESLIE C. RINN
„ JAMIE TAYLOR BOYD
Mr. Bill Dashner Statement # 1444
City Manager January 31, 1991
City of Wylie 238000-0001
2000 Hwy 78 North
Wylie, TX 75098
Page 1
Accounts Receivable Balance Forward $2,501.38
Payments Received $0.00
Credits or Adjustments $0.00
Re: City Landfill
PROFESSIONAL SERVICES RENDERED
01/09/91 DLH reorganize and review files (NO CHARGE) 4.00 100.00
**
01/16/91 DLH preparation of files for return to City 3.00 75.00
of Wylie (NO CHARGE) **
01/17/91 DLH prepare files (NO CHARGE) ** 3 . 50 87.50
ADJUSTMENT FOR "NO CHARGE" ITEMS 262. 50
Hubbartt, Dawn L. 10. 50 0.00
Total Hours 10.50
Total For The Above Services 0.00
EXPENSES
12/31/90 Photocopies 12.20
01/31/91 Postage 0.25
01/31/91 Photocopies 353.85
01/31/91 Long Distance 6.64
ADJUSTMENT FOR EXPENSES 372.94
Total Expenses 372.94
Total Statement $0. 00
TOTAL AMOUNT DUE $2,501.38
Continu
Mr. Bill Dashner Statement # 1444
City Manager January 31, 1991
City of Wylie 238000-0001
2800 Hwy 78 North
Wylie, TX 75098
Page 2
This statement may not contain all costs
incurred for which we have not yet
been billed.
POS
SHIPLEY8c INHOFE
ATTORNEYS AT LAW
3401 FIRST NATIONAL TOWER•TULSA,OKLAHOMA 74103
CHARLES W. SHIPLEY TELEPHONE 19113) 5E12•I720
DOUGLAS L. INHOFE
MARK B. JENNINGS TELECOPIER 19181 584-7681
BLAKE K. CHAMPLIN.
LESLIE C. RINN
JAMIE TAYLOR BOYD
City of Wylie Statement * 1360
Attn: James Johnson, Finance Director December 11, 1990
P.O. Box 428 238000-0001
Wylie, TX 75098
Page 1
Accounts Receivable Balance Forward $5,299.25
Payments Received $5,299.25-
Credits or Adjustments $0.00
Re: City Landfill
PROFESSIONAL SERVICES RENDERED
12/04/90 CWS t/c w/Carl Boldon re status of PRP' s 0.25 38.75
reports on CRI site (NO CHARGE) **
12/06/90 BKC conf w/CWS re status (NO CHARGE) ** 0.25 26.25
12/06/90 CWS review Executive Summary of PRPs' Soil 0.75 116.25
Report and do letter to Johnson re same;
t/c w/Buchanan re report
12/07/90 CWS review files and t/c w/Civins; t/c 0.50 77.50
w/Buchanan; t/c w/Dashner
12/10/90 DLH organize correspondence files 1.00 25.00
12/11/90 BKC t/c w/CWS re NCP issue 0.50 52. 50
12/11/90 CWS review PRP report on soils and travel to 9.50 1,472. 50
Dallas for Wylie meeting; t/c w/BKC re
NCP issue; review files at EPA offices
for any update, conf w/Carl Bolden of
EPA re status of PRP reports; meeting
w/Buchanan to discuss PRPs' Soils
Report and status of landfill ground
water sampling, attend council meeting
and return to Tulsa
ADJUSTMENT FOR "NO CHARGE" ITEMS 65.00-
Hubbartt, Dawn L. 1.00 25.00
Shipley, Charles W. 11. 00 1,666. 25
Champlin, Blake K. 0.75 52. 50
Total Hours 12.75
Total For The Above Services 1,743.75
Continued
City of Wylie Statement # 1360
Attn: James Johnson, Finance Director December 11, 1990
P.O. Box 428 238000-0001
Wylie, TX 75098
Page 2
EXPENSES
12/06/90 Copies of exhibits in CRI PRPs' Report 229.36
12/06/90 Photocopies of text of CRI PRPs' Report 255.98
12/10/90 Long Distance 15.43
12/10/90 Faxes 56.00
12/11/90 CWS trip to Wylie:
12/11/90 ---Air fare 125.00
12/11/90 ---Meals - 11.00
12/11/90 ---Car rental 53.86
12/11/90 ---Parking & mileage 11.00
Total Expenses 757.63
Total Statement $2,501.38
TOTAL AMOUNT DUE $2,501.38
This statement may not contain all costs
incurred for which we have not yet
been billed.
SHIPLEY & INHOFE
ATTORNEYS AT LAW
3401 FIRST NATIONAL TOWER•TULSA,OKLAHOMA 74103
CHARLES W. SHIPLEY TELEPHONE (918) 582-1720
DOUGLAS L. INHOFE
MARK B. JENNINGS TELECOPIER 1918) 584-7681
BLAKE K. CHAMPLIN
LESLIE C. RINN December 24, 1990
JAMIE TAYLOR BOYD
•
Bill Dashner
City Manager
City of Wylie
P. 0. Box 428
Wylie, Texas 75098
Dear Mr. Dashner:
Today I received your letter of December 19, 1990 as
well as a copy of the enclosed letter from Prudence Kling
dated December 18, 1990. In light of your City Council' s
decision on December 11th, I presume you do not wish for me
to respond to Ms. Kling' s letter. If I misperceive please
advise me.
Pursuant to your request I will ask our paralegal on
Wednesday when she returns from Christmas vacation to begin
copying all of the files which we have produced while in
your employ, as well as those files which were transferred
to us from Gardere & Wynne regarding your case. Even with
the holiday season, I believe that we can complete this
process no later than the first week in January. We are
making a copy of the files, at our own expense, and as a
matter of course when we return files at the client' s
request.
Enclosed is our final bill for the City of Wylie
through the evening of December 11, 1990. You may recall
that Councilman Percy Simmons made the point that while the
City' s engineering and testing expenses were recoverable
under the Comprehensive Environmental Response Compensation
and Liability Act (Superfund) , that it was his understanding
that attorneys fees were not. You may recall that I
responded that the law has been changing in that area. I
enclose for your review a case that was decided the day
after my appearance at your public meeting, General Electric
Co. v. Litton Industrial Automation Systems, Inc. et al. ,
which holds that attorneys fees are also recoverable under
Superfund. By copy of this letter I am sending a copy of
this case to Councilman Simmons since he is interested in
this issue.
In the public meeting on the evening of December 11th,
Mayor Akin suggested that perhaps I should have reviewed the
law applicable to hazardous waste more carefully before I
had approached the chemical recycling PRPs with the City' s
settlement offer on the Service Center. While I did not
Page 2
respond directly to that observation at the time it was
made, I wanted to remind the Mayor and those council members
who were involved in this firm' s being hired that one of the
principal reasons we were selected is that we are
specialists in the environmental area. I have an LLM in
environmental law and at the time of our being hired, our
firm was one of four or five in the nation who had
successfully handled private cost recovery actions under
Superfund which had been reported in the trade journals.
The fact that we were not successful with our initial
settlement proposal to the CRI PRPs was not a surprise to me
and should not have been a surprise to anyone under the
circumstances. However, it was certainly worth the effort
in an attempt to avoid the City incurring further expense in
testing and legal fees.
I do hope that the City Council keeps in mind my
recommendation that they not place themselves in the
position of relying on the Environmental Protection Agency
to protect the City' s interests. At a minimum you must work
closely with David Buchanan of Jones & Neuse to allow him to
monitor the EPA' s actions. If there comes a time in the
future where the City desires to resume our representation
we would be pleased to hear from you.
Very truly yours,
Charles W. Shipley
CWS:kss
Enclosure
cc: Mayor John Akin
Councilman Percy Simmons (w/encl. )
MEMORANDUM
DATE: February 18, 1991
TO: City Council
FROM: Bill Dashner, City Manage % tom
RE: Discuss and Consider Payment of Claim For
Consulting Engineer on Newport Harbor
Sewer Line Engineering
Attached are three invoices for the months of
September 1990 , October/November 1990, December
1990 for design and project management services
provided by Shimek, Jacobs & Finklea . The total is
$16,955 .19 which represents 77% of the original
$22,000 not to exceed contract .
September, 1990 $ 446.62
October/November , 1990 16 ,128.59
December, 1990 379 .98
$16,955 .19
SHIMEK, JACOBS & FINKLEA
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900
ROSS L.JACOBS,PE. February1, 1991
I.C.FINKLEA,P.E.
LAMES E.LAUGHLIN,P.E.
RONALD V.CON WAY,P.E.
JOHN W.BIRKHOFF,P.E.
MATT ARMSTRONG,P.E.
JOE R.CARTER,P.E.
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,
(;;;;I:i'la
Ross L. Jacob , P.E.
Enclosures
`/
SHIMEK, JACOBS & FINKLEA
CONSULTING ENGINEERS
8333 Douglas Avenue, 0820 Dallas, Texas 75225 (214) 361.7900
To: City of Wylie Date October 17 , 1990
Post Office Box 428
Wylie, Texas 75098 Statement No. 90131 (399)
COPY
Services through September 30, 1990 ,
in connection with Lift Station, Force
Main and Gravity Sewer to Serve Newport
Harbor Estates
Time of Personnel $440 . 56
Expense: Automobile 6 . 06
$446 .62
Month of September
Attendance at Meetings and Conceptual Planning
Engineer 2.0 hrs. $216.64
Engineer 4.0 hrs. 223.92
$440.56
SHIMEK, JACOBS & FINKLEA
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas,Texas 75225 (214) 361-7900
To: City of Wylie Date December 26 , 1990
Post Office Box 428
Wylie, Texas 75098 Statement No. 90131 (454)
COPY
Services through November 30, 1990,
in connection with Lift Station, Force
Main and Gravity Sewer to Serve Newport
Harbor Estates
Time of Personnel $14 , 400. 50
Expense: Printing $1, 302. 61
Computer 146 . 00
Automobile 277 . 83
Telephone 1 . 65
_1 , 728,09
$16, 128 . 59
Months of October and November
Engineering Design and Attendance at Meetings; Drafting and Field Note
Processing; Secretarial relating to Specifications, Bids and Estimates;
General Administration of Construction; Design Surveying and Cons'.:ruction
Staking.
Engineer 7.0 hrs. $ 758.24
Engineer 89.5 hrs. 5,010.21
Egnineer 13.0 hrs. 1,011.53
Engineer .5 hrs. 28.90
Drafting 41.0 hrs. 1,552.68
Drafting .5 hrs. 14.83
Drafting 46.5 hrs. 1,735.85
Drafting .5 hrs. 114.75
Drafting 5.0 hrs. 277.20
Secretarial 16.25 hrs. 779.84
Secretarial 12.0 hrs. 575.88
Survey 16.0 hrs. 895.68
Survey 21.0 hrs. 676.62
Survey 21.0 hrs. 363.93
Survey 21.0 hrs. 604.36
$14,400.50
SHIMEK, JACOBS & FINKLEA
CONSULTING ENGINEERS
8333 Douglas Avenue, 0820 Dallas, Texas 75225 (214) 361-7900
To: City of Wylie Date January 24 , 1991
Post Office Box 428
Wylie, Texas 75098 Statement No. 90131 (026)
COPY
Services through December 31, 1990,
in connection with Lift Station, Force
Main and Gravity Sewer to Serve Newport
Harbor Estates
Time of Personnel $359. 88
Expense: Automobile 20.10
$379.98
Month of December
General Administration of Construction
Engineer 6.0 hrs. $335.88
Secretarial .5 hrs. 24.00
$359.88
SHIMEK, JACOBS & FINKLEA
CONSULTING ENGINEERS
8333 Douglas Avenue, #820 Dallas, Texas 75225 (214) 361-7900
To: City of Wylie Date January 24, 1991
Post Office Box 428
Wylie, Texas 75098 Statement No. 90131 (026)
Services through December 31 , 1990,
in connection with Lift Station, Force
Main and Gravity Sewer to Serve Newport
Harbor Estates
Time of Personnel $359. 88
Expense: Automobile 20. 10
$379.98
MEMORANDUM
DATE: February 19, 1991
TO: City Council
FROM: Bill Dashner, City Manage 1414-0,
RE: Discuss and Consider Repealing Previously
Adopted Ordinance on Designation of
Historical Landmark Location as it Has
To do With Wylie Historical Landmark
Preservation Program
At the City Council Meeting on February 12, 1991
the City Council adopted the attached ordinance.
Since that time I have done some research on this
ordinance and present the following :
According to Texas Historical Commission and
guidelines for drafting Historical Preservation
Ordinances and in my opinion the City failed to
take the following steps :
1 . In the selection of the designation of the 100
blocks of North and South Ballard Street the
City of Wylie did not conduct a public
hearing .
2 . In the selection of the district as noted
above the property owners of record were not
notified .
3. Since this is considered overlay zoning the
Planning and Zoning Commission should be
consulted .
Please see attachment , Section II , Guidelines for
Drafting Historic Preservation Ordinances .
Attachments : Guidelines for the Texas Historical
Commission, Recently Adopted Ordinance
amd Repealing Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, WYLIE, TEXAS;
DESIGNATING AN HISTORICAL LANDMARK LOCATION ACCORDING TO THE
WYLIE HISTORIC LANDMARK PRESERVATION PROGRAM ENACTED BY THE
CITY COUNCIL, CITY OF WYLIE, TEXAS, ON AUGUST 28 , 1990 .
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, 1887
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
WHEREAS, still another moment of fame came in the 1980 ' s
when Ballard Street became "Braddock" of TV show
"Dallas" fame.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL , CITY OF
WYLIE, TEXAS:
SECTION 1: Now therefore, in recognition of the need to
protect , preserve and promote the existing Town Center, the
City Council of Wylie does now designate the 100 Blocks of
North and South Ballard Street a Wylie Historic Landmark
location , hereafter to be referred to as Historic Downtown
Wylie.
SECTION 2: Historic Downtown Wylie should be designated
with an appropriate marker, the City Council does now
request that the Historical Society of Wylie take steps to
coordinate design construction and installation of such a
marker , and does now request cooperation of City
Maintenance Personnel with installation of this marker.
SECTION 3: Whereas the historical integrity of Historical
Downtown Wylie is significant to the appearance of our City,
the City Council when considering normal city improvements
such as lighting, pavement or landscaping shall make every
effort to ensure that said improvements are in keeping with
and enhance the appearance of the location.
0
SECTION 4: Whereas the City Council has previously enacted
an ordinance instructing the City Manager to contact and
cooperate with the Wylie Chamber of Commerce and the
Historical Society of Wylie to present a plan to the Texas
Main Street Center for consideration in inclusion of the
Texas Main Street Program, the City Council does request a
progress report and expediting of the process .
DULY PASSED by the City Council of the City of Wylie,
Texas , on the day of , 1991
John Akin , Mayor
ATTEST:
Carolyn Jones, City Secretary
1
14
Part
Guidelines for Drafting
` Historic Preservation Ordinances
41
Section 1: Steps in Drafting an Ordinance
;,,.
1.0 Introduction
`' After the initial decision is made to prepare an ordinance, the leaders must begin their work. The
following are typical steps taken in drafting an ordinance.
"' 1.1 Outlined Steps
(A)Organize a Task Force.A small number of interested citizens should be organized to work on the
'` proposed ordinance. It may be useful to include lawyers,planners,or architects when available.
'' You may choose to contact your city legal and planning staff for assistance at this time.
(B) Collect Sample Ordinances. Write to several nearby cities that are known to have preservation
ordinances and request copies of their ordinances.The Texas Historical Commission maintains a
file of ordinances from many cities in Texas. Copies may be provided upon request.
(C) Visit Other Communities with Ordinances. It may be beneficial to visit nearby communities with
ordinances to better understand their review process and implications of their ordinance.
,r
(D)Attend a Commission Meeting. If possible,one or two members of the task force should attend a
', commission meeting in a nearby community to observe the process for reviewing applications by
' the commission.
1; (E)Determine Possible Landmarks/Districts.A working list of possible landmarks or districts should be
I.*;# prepared for further study.Commercial or residential areas may be different in regards to review
{,;fi' and designation.
A47�
3~> (F) Determine Significance of the Landmarks/Districts. Some preliminary research should be
" i'' conducted on the possible landmarks and districts to assess historic or architectural significance.
ii
This will be useful before designation.
(G)Prepare a List of Property Owners. Develop a working list of property owners with addresses for
each landmark and district determined significant. This will be useful in contacting property '
owners for support.
(H)Gauge the Political Setting. Always be aware of the political environment in your community for
land use regulation.This is an essential factor in implementation of a design review process.If you
feel an elected official is supportive,it may be helpful to include him or her in your planning.
(I)Draft an Ordinance. A rough draft of an ordinance is useful for formal discussion of the legislation.
Such a document should be sent to selected individuals outside of the community for review and
comment.
i (1)Sponsor an Informal Public Meeting. It is essential to gauge the public sentiment toward such an
+' ordinance.An informal meeting of property owners of landmarks and proposed districts may be
*helpful in developing broader support for the ordinance.
(K)Revise the Draft of the Ordinance.After soliciting comments from various individuals and groups,a
revised draft should be prepared incorporating appropriate suggestions.This should reflect the
broad sentiment of the property owners and task force as much as possible. ,
(L)Prepare for Delivery to the City Staff and Council. If contact was not established early in the work
with the city staff,such should be done at this point.The appropriate individual or department will '
differ from community to community.Be sure the municipal process that allows for consideration
of your ordinance is clear and understood by your task force. You should always follow up after
delivering the ordinance to ensure that it travels through the correct city channels.
2
,1;
fiction 22 Background for Drafting an Ordinance
•
r`` L introduction
lor most people this will be the first effort to draft a preservation ordinance.Unless you are a lawyer,
planner, or professional familiar with ordinances, the exercise may be especially challenging. The
r following information is provided for those needing an introduction to legislative activities involving
preservation and land use.
2.1 Legislative Considerations
A.Police Power
The legal authority for preservation ordinances begins with the United States Constitution which
tiY• t: allows state and local governments to protect the"health,safety,morals,and welfare"of the general
public through the enactment of laws. This basic tenet,called police power, is the authority from
which all land use ordinances extend (e.g., zoning, historic preservation,aesthetic). Municipalities
refer to this authority when enacting preservation ordinances that allow design review of designated
! historic landmarks and districts. Because of this underlying authority, challenged ordinances have
- '` been consistently upheld by courts as constitutionally sound.
8. Enabling Legislation
The State of Texas through its legislature establishes the parameters for local governments when
individual property rights,such as land use controls in ordinances,are addressed.This legal document
or enabling legislation allows a local government to enact laws that restrict some property rights. It
? 4' becomes statutory law. In Texas, the enabling legislation is given in Chapter 211 of the Texas Local
Government Code, Municipal Zoning Authority. (Note: Counties in Texas have not been granted
similar authority through enabling legislation.)
yi
The provisions that specifically pertain to historic preservation in Chapter 211 are:
Section 211.001. Zoning powers granted are for the purpose of promoting the public health,
safety,morals,or general welfare and protecting and preserving places and areas of historical,
cultural,or architectural importance and significance.
Section 211.003.In the case of designated places and areas of historical,cultural,or architectural
importance and significance,the governing body of a municipality may regulate the construc-
t'� Lion,reconstruction,alteration,or razing of buildings and other structures.
Section 211.005.The governing body of a municipality may divide the municipality into districts of
a number,shape,and size the governing body considers best.Within each district,the governing
t4 body may regulate the creation, construction, reconstruction, alteration, repair, or use of
buildings,other structures,or land.Zoning regulations must be uniform for each class or kind of
building in a district,but the regulations may vary from district to district.
Although there are only three references to historic zoning in the Municipal Zoning Authority Code,
r; the entire legislation must be considered when adopting an ordinance. The most important
consideration is not to exceed the authority granted by the Act.
C. Classification of Municipalities
The State of Texas recognizes two types of municipalities in statutory law: general law cities (under
5,000 in population) and home rule cities (over 5,000 in population that adopt a city charter). Both
general law and home rule cities may adopt zoning laws and therefore preservation ordinances.
However,there is more flexibility allowed for home rule cities.
D. Special Districts and Overlay Zones
Historic zoning establishes special districts and works as an overlay zone.This means that the zoning
does not affect the land use restrictions set by a broader comprehensive land use plan,but instead,the
historic significance overlays the existing use and is an additional regulation on property.For example,
a land use zone may require single-family houses on 50,000-square-foot lots in a particular
neighborhood.The overlay of a historic district on that street will not affect the single-family houses on
50,000-square-foot lots,but does mean the owners of the houses must apply to the local preservation
commission before making exterior alterations to their homes.Therefore,before a historic zoning
3
overlay may be adopted either as an individual landmark or district, the municipality must have a
comprehensive plan. This requirement is outlined in Section 211.004 in the Municipal Zoning
Authority of the Texas Local Government Code.
Section 3: Legal Background for Drafting an Ordinance
3.0 Introduction
In addition to the statutory law derived from legislative activities,there is case law.This body of law is
established through judicial cases and court decisions.The results of these cases hold equal weight in
the eyes of the courts. Below are important cases that should be considered when drafting an
ordinance.
3.1 United States Supreme Court Decisions and Preservation Ordinances
A. Penn Central Transportation Co. v. New York City,98 S.Ct 2646(1978).
Penn Central argued that New York City's denial of a building permit constituted a taking without
compensation and that New York City's ordinance was unconstitutionally discriminatory against Penn
Central by designating the terminal as an individual historic landmark.The United States Supreme
Court held that:
(1)No taking occurred because Penn Central was not denied all reasonable economic use of the
property. A mere showing of a negative economic impact does not constitute a taking. Penn
Central is still able to operate as a terminal and to receive an appropriate return for its operations.
(2) Although the zoning ordinance applies to individual parcels, this does not constitute •
discriminatory spot zoning since the ordinance embodies a comprehensive plan to preserve
structures of historic or aesthetic interest.
B.First English Evangelical Lutheran Church of Glendale v.County of Los Angeles,107 S.Ct.2378(1987).
A flash flood destroyed the Church's buildings used for a camp. The county enacted an interim
ordinance which effectively prohibited the Church from rebuilding. The Church asserted that this
constituted a taking since it was denied all use of Lutherglen.
(1) Once the court determines that a taking has occurred,the government retains a range of
available options such as the amendment or withdrawal of the regulation or the exercise of
eminent domain.However,where government activities have already worked a taking of all use
of property, no subsequent action by the government can relieve it of duty to provide
compensation for the period during which the taking was effective.
(2)This holding is limited to the facts presented but the highest court realized that its decision will
limit the freedom and flexibility of land use planners and governing bodies of municipal
corporations when enacting land use regulations.
3.2 Texas Courts and Preservation Ordinances
A. Connor v. City of University Park,142 S.W. 2d 706(Tex.Civ. App.—Dallas 1940,writ ref'd)
The court recognized that "aesthetic considerations" in land use regulation is a matter of general
welfare.This case was decided prior to the amendments to the Municipal Zoning Authority which
provides for historic preservation.
B. City of Dallas v. Crownrich, 506 S.W.2d,654(Tex.Civ.App.—Tyler 1974,writ ref'd n.r.e.)
The City denied Crownrich's application to build a high rise apartment building within an area which
was merely proposed as a historic district.The trial court ordered the permit issued since the historic
zoning ordinance had not been adopted.The Tyler Court of Civil Appeals reversed the lower court
and held that Dallas'broad police power enabled it to protect property affected by impending zoning
regulation.
C.Southern National Bank of Houston v.City of Austin,582 S.W.2d 229(Tex.Civ.App.—Tyler 1979,writ
ref'd n.r.e.)
•
71
The historic zoning ordinance at issue provided that the moment a building was placed on the agenda
for historic designation consideration by the Landmark Commission, certain restrictions such as
prohibitions against demolition and exterior change immediately attached.This zoning provision was
struck down for several reasons.
(1)First,the court held at 238,that this provision amounted to a servitude on the owner's property
with no provision for any compensation,thus,constituting a violation of Article 1,Section 17 of
the Texas Constitution.
(2)The court held that the enactment of a zoning ordinance and the historic zoning powers of
historic designation, regulation, and restriction are nondelegable powers which can be
performed only by the local legislative body. The court viewed the Landmark Commission's
consideration(and not the City Council's consideration)and the causing of restriction to attach
as tantamount to a temporary historic designation and as an usurpation of the legislative
authority of the City Council.
(3)The court found this ordinance to deprive the owner of equal protection of the law because it
did not provide a time limit for the City Council's final consideration once the Landmark
Commission recommended historic designation.(See page 239.)This could cause the restrictions
to attach for possibly an indefinite period of time.
(4) The court held this provision to be unconstitutionally vague since it was totally void of
certainty. (See page 239.)
Section 4: Questions for Preparing an Ordinance
4.0 Introduction
The basic purpose of an ordinance is to establish a process for protecting historic resources. This
process is set up by answering the questions given in the next section.
4.1 Questions
Why are you drafting this ordinance?This is answered in the"purpose"clause of an ordinance. For
example,the purposes may include fostering civic pride,attracting visitors,and generating economic
prosperity for the community. The "purpose" clause is an important part of any ordinance for it
explains the advantages to enacting this land use control.
Who enforces the ordinance? Every ordinance sets up a preservation commission to oversee the
enforcement of the ordinance and assigns it responsibilities or powers.Some ordinances will specify
the qualifications of its members while others simply state that a certain number is required but that all
members must have an interest.
What resources does the ordinance protect? All ordinances should state the criteria to be used in
designating resources,both individual landmarks(buildings,structures,objects)and districts(districts,
sites).This often corresponds to the National Register of Historic Places criteria,but may deviate as
determined by the local government.
How do you designate properties under the ordinance?Every ordinance should clearly spell out the
process for designating landmarks and districts. This includes recommendations for designation,
notification of property owners,commissions,or boards reviewing it,and the final decision-making
and designation process.
When and how does a property owner apply for review?This is one of the most fundamental parts of
the ordinance and should be clear and direct so that the property owner understands.Exceptions from
the review process(economic hardship,ordinary maintenance)must be stated as must the criteria for
review and application procedure. It is this question that must clearly address the demolition of
properties either willfully or by neglect.
How do you insure compliance?All ordinances should include a penalty clause that states what the
procedure is for noncompliance.This is usually the final clause in the ordinance and is identical to the
penalty for non-compliance with the overall zoning ordinance.
5
Section 5: Checklist for Reviewing an Ordinance
5.0 Introduction
After you have drafted an ordinance,check it for the following items:
5.1 Checklist
(1)Are specific criteria spelled out in the ordinance concerning the designation of historic landmarks
and districts as well as the issuance or denial of certificates of appropriateness?
(2)Does the ordinance provide for a due process hearing when designating a property or appealing a
decision on a certificate of appropriateness? Because historic overlay zoning involves a property
interest,a property owner is entitled to a hearing.A record should be made and retained in case it is
appealed to the judicial system.
(3)Does the ordinance include a hardship clause?This is essential in order to withstand a constitutional
challenge.
(4) Is the city council/commission ultimately responsible for designating properties?The ordinance
itself and any designations of landmarks or districts in subsequent ordinances must be passed by the
city council or commission.This is because they are zoning functions that according to the Tyler Court
of Appeals is a non-delegable duty which must be ultimately exercised by the governing body.Refer to
the Southern National Bank case given earlier.
(5)Are specific time limits given for the appeals process and for rendering a decision by the landmark
commission and city council/commission?Again,refer to the Southern National Bank case described
earlier. `
Section 6: Administration of an Ordinance
6.0 Introduction
Although the ordinance sets up the process for protecting historic resources, it remains with the
elected officials,preservation commission,and municipal staff to administer the ordinance as passed.
To meet this end,it may be necessary for additional items to be prepared to assist in the administration.
6.1 Additional Administrative Concerns
(1) Design review guidelines that specifically address local issues and properties should be prepared
and used by the landmark commission.Such guidelines are an important tool for communicating to
property owners and helpful to the commissioners in their decision-making.The failure to prepare
and distribute such guidelines may be construed by a court as not allowing due process.
(2) Another administrative task may be to conduct an intensive survey of your designated historic
districts so that all primary and secondary buildings,structures,and landscape features are recorded
for the inventory.Included in this may be additional photography work(black and white photographs,
color slides) as well as thorough property descriptions.
(3) If not already in place,an area or city-wide comprehensive historic preservation plan that outlines
specific goals and objectives may be important to guide the work of the elected officials and the
preservation commission.
(4)Another administrative task may be to design incentive programs for property owners in designated
districts and individual landmarks.Some incentives may include local marker,tax abatement,or grant
and loan programs.Incentives are popular and often considered essential to building a successful local
preservation program.
(5) An early and repeated effort to coordinate with other administrative offices within the city
government should be made. Special attention should be given to the building inspection and
community development departments because of the frequent interaction of programs. Building a
support network within your local government is essential for the success of any ordinance.
6
ORDINANCE NO .
AN ORDINANCE OF THE CITY OF WYLIE, WYLIE, TEXAS;
REPEALING ORDINANCE NO. 91-3 AN ORDINANCE DESIGNATING AN
HISTORICAL LANDMARK LOCATION ACCORDING TO THE WYLIE HISTORIC
LANDMARK PRESERVATION PROGRAM ENACTED BY THE CITY COUNCIL ,
CITY OF WYLIE, TEXAS ON AUGUST 28, 1990 , WHICH WAS ENACTED
ON FEBRUARY 12 , 1991.
WHEREAS, the City Council of the City of Wylie, Texas
finds it necessary, after further study and
research to repeal in its entirety Ordinance
No. 91-3
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF
WYLIE, TEXAS:
That Ordinance No. 91-3 is repealed in its ' entirety until
further research and revisions can be done in order to
reconsider a comprehensive ordinance in compliance with
state laws at a later date.
DULY PASSED by the City Council of the City of Wylie,
Texas , on the day of , 1991
John Akin, Mayor
ATTEST:
Carolyn Jones, City Secretary
MEMORANDUM
DATE: February 19 , 1991
TO: City Council
FROM: Bill Dashner, City Manage L 1114
RE: Discuss and Consider Convening to Executive
Session for the Purpose of Considering the
Employment of a Full Time City Attorney