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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 ) , i i�c7 AT �,OQ/O' M. • K lPb i Office of tile mayor • I; I. gut, 7. xaø 4 it rottamatton Ic=f2.9 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 $16 ,500 as a part of the settlement on alleged damage and losses during the construction of and installation of a sewer line . This claim by law had to be filed as a tort claim in order for payment to be made. I will also seek reimbursement from the City' s public liability insurance carrier . I don ' t know how successful I will be but the effort will be made. Attachment: Tort Claim NOTICE OF CLAIM AGAINST THE CITY OF WYLIE, TEXAS PERSONAL INJURY - PROPERTY DAMAGE File this claim within 45 days of the injury or property damage with: CITY SECRETARY CITY OF WYLIE, P. 0. BOX 428 WYLIE, TEXAS 75098 '' 11 Off lLA �43-1 k4-1 G6I(.D e .EL)►% L.1k�c,N 4 6�442.-1z4di Please pri ..nt full name Telephone Numbers 50 ► Lk14,- -lk'uc u Liu t& tiVi-16 M 1SOGI ? Mailing Address City, State, Zip The TOTAL amount of your claim against the city is: ($) (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, egA,Off, ���; f 64 it- -X-16/ 1 el , eo,../yprea_ce, bv -db .6, linuflez- li--6 lej4..awueite: • 70-if yrt-ett, ,44-4/1.3,1e/417A-4 d(' /7116144-‘146 A-Zret"4-4. : L. �. v44ultL�x,� cam ,cur 191 d, ,{ I) ��• e/ 0,^ -t (' a 13, / moo d 3 , 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