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01-22-1991 (City Council) Agenda Packet AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, JANUARY 22, 1991 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION - ANN JOHNSON, WYLIE UNITED METHODIST CHURCH PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 7 Consider approval of the minutes of December 11, 1990 Council meeting 2 8 Presentation of Proclamation for American History Month - February, 1991 3 9 Discuss and Receive and Acknowledge Under Separate cover FY90 Fiscal Year City Audit 4 10 - 36 Discuss and consider Acquisition of Nine (9) Sewer Line Easements for the Newport Harbor Sewer Line Construction: Federal Deposit Ins. Corp. Holley Development, Inc. (2) Verna Douglas & Bruce McDonald Gerald Lewis (2) Ronald Lewis Bruce Morris A. J. Daugherty, Et Ux 5 37 Discuss and consider Condemnation Action by Right of Eminent Domain in order to acquire Two (2) Newport Harbor Sewer Line Easements to comply with State Mandated requirements: C. T. Beckham Texas Commerce Bank (7 lots) 6 38 - 47 Financial Report for Period Ending December 31, 1990, 3rd Month of Fiscal Year 7 48 - 50 Discuss and Consider City of Wylie Invested Funds as of December 31, 1990 and Uninvested Balances in Operational Accounts as of January 2, 1991 (Provident Bank) 8 51 - 59 Discuss and consider an Ordinance Amending Ordinance No. 90-18 and Lowering Water and Sewer Rates Effective March 1, 1991 9 60 - 73 Discuss and consider awarding Lowest and Most Responsive Bid Proposal for the Preparation of an Updated official Zoning Map as prescribed by the City Charter 10 74 Discuss and consider appointment of Home Rule Charter Revision Committee 11 75 - 76 Discuss and consider Progress Report on Master Metering Southfork Mobile Home Park 12 77 - 79 Discuss and Consider a Resolution to United States Environmental Protection Agency Regional office Inquiring on the Necessity for further Research and Testing on certain areas of the City where Major Studies and Research have already been conducted and inquireis into Funding Sources and Extent of Testing and Research 13 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. 14 Adjourn NOTICE OF REGULAR MEETING Notice is hereby given that the governing body of the City of Wylie will meet at 7:00 P. M. on the 0 day of , 199.1_, in the Council Chambers of the Municipal Complex at 2000 Hwy. 78 North in the City of Wylie, Texas, for the purpose of considering the attached agenda. Carolyn s, i ecretary POSTED THIS THE /1 DAY OF `�� 199/, AT 6? Wd ae. M. CITY COUNCIL MEETING MINUTES DECEMBER 11, 1990 The City of Wylie City Council met in regular session on Tuesday, December 11 , 1990 at 7 :00 P.M. in the Council Chambers of the Municipal Complex . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor John Akin, Mayor Pro Tem Don Hughes, Council Members Percy Simmons , Chuck Wible, Steve Wright , Pat Stemple and William Martin, City Manager Bill Dashner, City Secretary Carolyn Jones, Engineer Paul Beaver, Public Works Director Bill Flowers . Mayor Akin called the meeting to order and Mr . Bill Flowers gave the invocation followed by the Pledge of Allegiance. APPROVAL OF MINUTES FOR NOVEMBER 13 , 1990 MEETING: Councilman Wright corrected the November 13 , 1990 minutes to state that Councilman Simmons abstention vote under Final Independent Audit report of Wylie Volunteer Fire Department be recorded as a yes vote as there is no conflict of interest . Councilman Wright also corrected the November 13 , 1990 minutes under award of bid for Phase III Newport Harbor Sanitary Sewer Improvements to reflect his motion to stated : "A motion was made by Councilman Wright to award low bid to E. L. Dalton with extra fund expenditures coming from the accounts as outlined by the City Manager. Councilman Wright also corrected the minutes under Award of Bid for city ' s Ambulance Service that the award of bid is made with the understanding that we are dispensing with the Council review as outlined in the ARP ' s . Councilman Wright corrected the minutes to reflect a heading for Executive Session right after Citizen Participation. A motion was made by Mayor Pro Tem Hughes to approve the minutes with above corrections. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . ACCEPTANCE OF HOOPER BUSINESS PARK FINAL PLAT: City Manager Bill Dashner stated that all fees including $49, 365 . 44 for perimeter street fees and $13 ,272 .90 pro-rata fees and $600 for street signs have been paid and a 10% maintenance bond of $33 ,960 . posted . Final inspections have been made by the City of Wylie inspector and the As-Built Drawings have been provided by the Consulting Engineer . Staff recommends approval . A motion was made by Councilman Simmons to approve the final plat for Hooper Business Park. Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ADOPTION OF TWO (2 ) COMPANION ORDINANCES: REPEALER ORDINANCE ON REGULATIONS OF FOOD SERVICE ESTABLISHMENTS; AND ONE IS A NEW ORDINANCE DEALING WITH RETAIL FOOD STORE ESTABLISHMENTS CALLING FOR REGULAR INSPECTIONS IN COMPLIANCE WITH TEXAS DEPARTMENT OF HEALTH FOOD SERVICE HEALTH CODE STANDARDS AND USER FEES FOR ADMINISTRATIVE COSTS: City Manager Bill Dashner stated that the City currently utilizes an ordinance based on the 1962 Edition of the "United States Public Health Service Food Service Sanitation ordinance and Code" . Staff is recommending the adoption of these ordinances providing for the permitting and inspection of food sales and food establishments . These ordinance include the adoption of the most recent standards of the Texas Department of Health. The ordinance includes an annual fee of one hundred3d fifty ($150 .00) dollars which will provide quarterly inspections. The City presently has almost forty (40) establishments which will be affected by this ordinance. A motion was made by Councilman Wright to approve the two ordinances dealing with Retail Food Store Establishments calling for regular inspections in compliance with Texas Department of Health Food Service Health Code Standards and User Fees for Administrative Costs . Seconded by Councilman Wible. The vote is as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPOINTMENT OF AMBULANCE ADVISORY COMMITTEE: A motion was made by Mayor Akin to appoint Rita Allen, Dr . Pilkington, and Peggy McCullum with alternate member Dr . Ted Trimble. Councilman Wright stated that Peggy McCullum lives outside the city limits and should go with alternate as member . Mayor Akin amended his motion, to withdraw Peggy McCullum and add Dr . Ted Trimble as a member . Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . SIGN OFF APPROVAL FOR BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION REVENUE BONDS IN ORDER TO MAKE VARIOUS IMPROVEMENTS TO THE HILLCREST MANOR NURSING HOME AND ADOPT ENABLING RESOLUTION: City Manager Bill Dashner stated that Bell County Health Facilities Development Corporation will issue tax exempt revenue bonds to improve Hillcrest Nursing Home located in Wylie. Under Texas State Law and IRS regulations the bond issuer must obtain the consent of each City , County or Hospital District where health facilities are located. These bonds do not in any way obligate, pledge, or risk full faith and credit of the City, Section I of the resolution stipulates "The City hereby consents to the financing by the Issuer of the Project as required by Section 221 . 030 of the Act and approves the financing as required by Section 147 (f) of the Internal Revenue Code of 1986; provided that the City shall have no liability in connection with the financing of the Project and shall not be required to take any further action with respect thereto. Staff recommends approval of the resolution. A motion was made by Councilman Martin to approve the Resolution approving the financing by the Bell County Health Facilities Development Corporation of a health facility located within the City of Wylie. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . CONSIDER WORKER ' S COMPENSATION BIDS : City Manager Bill Dashner stated that during this year ' s budget discussions the City Council authorized seeking some type of self- insurance program. Premiums for FY90/91 will amount to $109 ,000 . The City received two (2) bids on types of self- insurance programs as follows : Texas Municipal League Risk Pool - $99 ,718 per year with the coverage we currently have. Arthur J. Gallagher with a three year premium cost of $690 ,572 with a self-insured retention of $200,000 per accident and $5 ,000 ,000 specific excess insurance and $1 ,000 ,000 of annual aggregate stop loss insurance. Based on bids received and evaluations the staff does not believe, considering the deductible and the limited coverage of self-insurance, that the City should change at this time. A motion was made by Councilman Simmons to table this item. Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor to table. PROPOSAL AND PRESENTATION FROM BFI ON CITY OF WYLIE MUNICIPAL RECYCLING PROGRAM: A representative from BFI stated that they were building a recycling center in Plano on FM 544 and it will be in operation by April 1 , 1991 . BFI recommends curb side recycling with drop off centers to get the program started. BFI would like to start the recycling program in Wylie on April 1 , 1991 if Council would like. BFI can get the contract ready and come back to make a presentation at another Council meeting for formal approval . AMENDMENTS TO THE CITY CHARTER IN TIME FOR MAY 4 , 1991 CITY ELECTION: Mayor Akin suggested Council review the Charter and also have a committee to review the Charter and then both meet together . Mayor Pro Tem Hughes agreed and also made a motion to have this on a work shop the third Tuesday in January. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . TERMINATION OF LEGAL COUNSEL AND CRI PROJECT AND REMAND ISSUE TO U .S. EPA FOR PROPER ADJUDICATION AND CONSIDER $141 ,299 IN LEGAL COSTS TO DATE: City Manager Bill Dashner stated that legal expenses starting in approximately 1986 and have cost approximately $105 ,327 to date which is not recoverable and approximately $32 , 000 in technical studies. The following are critical elements which are all tied together: 1 . Land fill closure connected to drums put there by a company. There has been alleged possible contamination. This has not been proven yet. 2 . Service Center site located next to the company and possible contamination . In a report prepared for the City by Jones and Neuse, Inc. in September of 1990 quoted "The limited data appears to indicate that there is a strong probability that the CRI operations have had an effect on the Cit of Wylie' s Service Center property. The data appears to indicate that soils and possible ground water immediately surrounding the underground storage tanks contain TPH . 3 . Underground gasoline storage tanks . The City is now testing this for possible leakage. The tanks will probably have to be replaced or removed . 4 . There has been a gross misunderstanding on the CRI operations in that no litigation has been filed . All of this time and money has been spent on discovery and negotiations between lawyers representing the City and CRI . 5 . The following state and federal agencies have been involved : EPA, Federal Court, Texas Water Commission, Texas Health Department, Texas Air Control Board . j The City could possibly spend money for an indefinite time frame with no results and no recovery of $141,299 spent on the affair so far . It is possible that bonds were issued that money will not be needed for . City Manger Bill Dashner recommended to Council to take action to wait until Phase II of the testing is complete and orders come from EPA and TWC with instructions on closing the landfill . Chuck Shipley stated that he does not have data that shows the City should abandon Public Works Center . The City may have to do some clean up work but we will have to wait for additional data. EPA ordered CRI to get the barrels out and test the soil . Need to make sure EPA is going to include ground water study in their next report and not only on CRI site but on Public Works sites. David Buchanan said he told Mr . James Johnson in September that the parties did not accept the City' s offer , but said the City did not have enough data to bring them into a settlement . Mr . Buchanan said let EPA stay in the lead of ordering PRP and doing the study and the City monitor EPA to see that all studies are done. A motion was made by Councilman Simmons to stop spending legal fees and that Staff actively pursue EPA to do what we want done through EPA studies. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - against, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with six (6) in favor and one (1) against . PAYMENT OF CLAIM FROM SHIPLEY AND INHOFE FOR LEGAL SERVICES, CRI PROJECT: This claim is in the amount of $5 ,299.25 and if this claim is paid the City will have paid in legal costs a total of $141 , 299 . A motion was made by Councilman Simmons to approve the payment in the amount of $5 ,299 .25 to Shipley and Inhofe for legal services. Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor, Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . 1989 EASEMENT ACQUISITION FOR MUDDY CREEK INTERCEPTOR SEWER LINES : Mr . Gilbert Welch was paid $4 ,024 .00 for an easement for Muddy Creek Interceptor Sewer Line through his property. Today Mr . Welch has filed a claim against the City for $35,328 .00 . Mr . Welch alleges the City agreed to completely re-sod pasture land disrupted by sewer line construction . All bid documents and contract with the contractor stipulates seeding not sodding. The Collin County Conservation Service required that the area be seeded only. Staff recommends to deny the $35,328 . sodding request claim but go ahead and seed the area which is supported by bidding document contracts and agreement with Collin County Conservation Service. The seeding will cost approximately $5 ,500 . 00 . A motion was made by Mayor Pro Tem Hughes to deny the claim in the amount of $35, 328 . but to seed the property in the Spring as agreed to in the contract . Seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . ADJUSTED ESTIMATE COST FIGURES TO RECONSTRUCT AND CONSTRUCT DRAINAGE INSTALLATION FOR PHASE I AND PHASE II OF AKIN LANE: To complete this road project properly will cost an estimated total of $59 ,000 . This includes all materials and rental equipment but does not include city manpower and city owned equipment costs . With the completion of Akin Lane the City will have $20,000 left to do Alanis this summer with the County. A motion was made by Councilman Martin to accept the estimated cost and continue with Akin Lane Project . Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . APPOINTMENT OF THE WYLIE MASTER PLAN/GOALS COMMITTEE: Councilman Simmons recommended the following names: Roland Kreymer , Charles Milkiewicz , Henry Christian , Becky Calverley, and Kyle Craighead . Councilwoman Stemple recommended the following names : Reggie McClosky and Tammy Gibson. Mayor Pro Tem Hughes recommended the following names: Rock King, Robert Arden, Tom Pritzkau, Harvey Miles and Bill Chapman. Councilman Wible recommended the following names : David Watkins , Patty Flint and Pat Miner . Councilman Martin recommended the following names: Gary Black, Sue Nicklas, Pete Tallant , Lester Gayler and Cecilia Wood. Councilman Wright recommended the following names: John Spillyards, Roger Smith, Cheryl Edwards, Raymond Cooper, and Steve Ahrens. Mayor Akin recommended the following names : Jim Bass , Bud Randall , Bill Mills, Scott Brown, and Allan Stroud. A motion was made by Councilman Martin to appoint the above listed people to the Wylie Master Plan/Goals Committee. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . AMENDMENTS TO NEWLY ADOPTED PERSONNEL REGULATIONS MANUAL: The City Attorney has reviewed the entire document for conflicts with federal law and the amendments and or terminology revisions that need to be corrected are in Section 4-5 A, C and D - Overtime Pay and Section 10 - Substance Abuse Policy. Also there are definition being added for Drug, Physician, Reasonable Cause and a correction for Temporary and/or seasonal employees. A motion was made by Councilman Wright to approve the above corrections. Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . STATUS REPORT ON BLAIR ET AL V. CROCKER, ET AL, CAUSE NO. 90-03132 : The City Attorney has informed staff that the Court is currently considering a motion to transfer venue . The City and the Plaintiff have been requested by the Court to file briefs on this matter . This case is about an accident in Collin County where a fatality occurred. REPORT TO TEXAS WATER COMMISSION ON ACTION PLAN FOR UNDERGROUND STORAGE TANK TESTING IN COMPLIANCE WITH FEDERAL AND STATE LAWS: The City staff has sent a report to Texas Water Commission relating the following plan. It has been determined there are four tanks , one 6 ,000 gallon regular gasoline tank, one 8 ,000 gallon unleaded gasoline tank and two 1 ,000 gallon diesel tanks which are joined by a manifold pipe. We have also informed TWC that the City has engaged the services of a certified contractor with licensed personnel who will test the pressurized piping and install S the required leak detection equipment in order to be in compliance with all TWC rules and regulations by December 22 , 1990 . REPORT TO TEXAS WATER COMMISSION ON ELIMINATION OF _LIFE STATIONS AND PUMP AND HAUL LOCATIONS: On December 3 , 1990 a letter was sent to TWC relating to them that four lift stations and three pump and haul locations have been eliminated . The letter also stated that the City had passed a Sewer Ordinance in August, 1990 requiring private citizens tie-ins and a letter has been sent to the Bait House property owner which required his tie-in by December 31 , 1990 which will eliminate this pump and haul location. The City Council on November 13 , 1990 awarded a contract in the amount of $295 ,000 to construct a Lift Station/Force Main/Gravity Line System to eliminate the Newport Harbor pump and haul location. The completion of this line in the Spring of 1991 will have eliminated all pump and haul locations in the City of Wylie per TWC Enforcement order . REPORT ON FUNDS EXPENDED DURING 1989/90 TIME FRAME FOR ACQUISITION OF EASEMENT FOR TWO MAJOR SEWER LINE INSTALLATIONS : Bond funds were allocated in the amount of $2 ,000 ,000 to construct three major sewer lines to help get the City off of pump and haul operations . The City expended $195 ,088 . 65 for 56 sewer easements . CITIZEN PARTICIPATION: Mayor Akin invited the Citizens of Wylie wishing to speak to the Council to come forward at this time, and to state their name and address and keep their comments within five minutes and any discussion must be limited to placing the item on a future agenda for further consideration. David Orr of 109 Windsor , representing WSA, spoke regarding a letter sent to WSA requesting all equipment be removed from Akin Pavilion and concession stand. Bud Naish of 512 Rustic Place spoke regarding the amount of money spent on Easements and it being a mandate. Bob Evans, President of WSA, Mrs. Vardell , Vice President WSA, and Jim Swartz of 506 W. Jefferson spoke regarding WSA. Choa Tapp addressed the Council regarding the Fire Department . Mayor Akin recessed the open meeting and called for a motion to convene Council into Executive Session under the authority of Article 6252-17 V.A.C.S. , Section 2 , paragraph "g" Personnel Matters - selection of Legal Counsel . A motion was made by Councilman Martin to convene Council into Executive Session and seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . Mayor Akin convened Council into Executive Session at 10 :25 P.M. Mayor Akin reconvened the Council into open session and called for a motion for selection of Legal Counsel . A motion was made by Councilman Simmons to authorize City Manager to advertise for position of a full time City Attorney. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . There being no other matters for discussion, a motion was made and seconded to adjourn, with all in favor . -- --- -- -- - -John W. Akin, Mayor ATTEST: Carolyn Jones , City Secretary 7 +.' • ,� � +ba;�,�' Ain<<}�+1y�1r��t '+�''Pt'"i" iTr r1a.7"' ; g+. ece of die mayor 11 itre & aø rottamatton gc=3 :2 AMERICAN HISTORY MONTH WHEREAS: The backbone of this great nation of America is its history, upon which all of our accomplishments are based; and WHEREAS: American History must be preserved and remembered by all, young and old; and WHEREAS: The Daughters of the American Revolution is now and always has been a living history of the growth of our nations, and stresses the importance of remembering American History through such valuable community services as educational programs, essay contest and such; and WHEREAS : Both the importance of remembering American History, and the contributions made to our society by the Daughters of the American Revolution should be duly noted, NOW THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, do hereby proclaim the month of FEBRUARY, 1991 to be AMERICAN HISTORY MONTH IN WYLIE, and I urge all Wylie residents to join with me this month in recognizing the importance of American History in our lives, and in recognizing the community service performed by the Rockwall Chapter, Daughters of the American Revolution, in our area. Lin witness wgettof .0 I ave Ietcunto set my Iand and Caused seat to Lz affixed, JOHN W. AKIN, MAYOR AT TEST: CAROLYN JONES, CITY SECRETARY DATE: January 22, 1991 S MEMORANDUM DATE: January 15, 1991 TO: Mayor and City Council FROM: Bill Dashner, City Manager 4 � 1.1 RE: Discuss and Receive and Acknowledge Under Separate Cover FY90 Fiscal Year City Audit Under separate cover you have been provided with the City Audit. This audit was performed by Brosowske, Mares , Smothermon and Company. MEMORANDUM DATE: January 16 , 1991 TO: Mayor and City Council FROM: Bill Dashner , City Manager y4r RE: Discuss and Consider Acquisition of Nine (9) Sewer Line Easements for the Newport Harbor Sewer Line Construction . The following easements are recommended for acceptance at prices noted . Federal Deposit Insurance Corporation $ 10 .00 Temporary Construction Easement at four locations Holley Development , Inc . $250 .00 Temporary Construction Easement Holley Development , Inc . $250 .00 Temporary Construction Easement Verna Douglas and Bruce Mcdonald $ 5 .00 Temporary Construction Easement Gerald Lewis $100 .00 Temporary Working Easement Tenant Agreement Gerald Lewis $100 .00 Temporary Working Easement Tenant Agreement Ronald Lewis $100 .00 Temporary Working Easement Tenant Agreement Bruce Morris $135 .00 Temporary Working Easement Tenant Agreement A. J. Daugherty, Et Ux $ 10 .00 Temporary Construction Easement TOTAL $960 .00 Attachment: Easement Instruments CITY OF WYLIE TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENT THAT Federal Deposit Insurance Corporation as Liquidator for Commonwealth National Bank of Dallas, hereafter termed GRANTOR, whether one or several , of the County of Collin, State of Texas, for and in consideration of the sum of ten dollars and no cents ( $10. 00) , and other good and valuable consideration to GRANTOR in hand paid by the City of Wylie, the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED and CONVEYED, and do by these presents GRANT and CONVEY unto the City of Wylie the following described tracts or parcels of land situated in Collin County, Texas, for use as a temporary construction easement and being more particularly described as follows : SEE ATTACHED EXHIBIT ' TO HAVE AND TO HOLD unto the said City of Wylie, Texas, its successors and assigns, the above described temporary construction easement and we do hereby bind ourselves, our heirs, executors, and administrators to warrant and defend all and singular the said premises to the City of Wylie, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof herein until such time as the sanitary sewer force main construction is completed and accepted by the City of Wylie. Witnest y hand (s) at u County, % n, this the day of �t�t.c.fL4,c __,4eil. , 19 g / ,� %, 1 \ r r 1 1 Federal Deposit Insurance ( orporatio • STATE OF COUNTY OF ,� BEFORE ME, the undersigned authority, a Notary Public in and for Da..pQra -- County, % ✓ , on this day personally appeared R./A.0• ,..- ,,,, , known to me to be the person whose ame is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity therein stated. GIVEN under my hand and seal of office, this the 9 day o f ()... ‘„0 .r . , 19 q i coot:✓:c)000cnr.w_,c.•:Je.,. ... ,. .•.). 5...� `°' Notary Pub 1 ic, a...._- Count 8 ..-,. :-1.) r2 ct.t�.r f'i G t;,.'.t,: l:f[5 _ '�' Y, %- ^--ate c; ��i t t.,('.Nm,:l ,..1:;r:;�u'7�'.;2 zi K ;• '•4,.•, '' $ My commission expires the o�y7 dayof oo✓�oocoaocomao oix>c000cvaXr000 A is 9D-,. // ACCEPTED FOR THE CITY OF WYLIE THIS the day of , 19 CITY OF WYLIE John Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date Revised: 01/08/91 CITY OF WYLIE COLLIN COUNTY, TEXAS FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT FEDERAL DEPOSIT INSURANCE CORPORATION EXHIBIT 1 BEING a strip of land for temporary construction easement generally 15 feet in width and being over and across Lots 1 through 5, Block G in the Presidential Estates Subdivision in the G. W. Gunnel Survey, Abstract No. 351, the final plat of which being as recorded in Cabinet G, Drawer 174 of the Plat Records of Collin County, Texas and as conveyed to F.D.I.C. as liquidator for Common- wealth National Bank of Dallas tract, said 15-foot temporary construction •easement being parallel with and adjacent to the west line of an existing 15- foot utility easement along the west right-of-way of F.M. 1378, and the east property line of said Lots 1 - 5, Block G for a distance of 436.4 feet and containing 6,546 square feet of land, more or less. Revised: 05/09/89 01/08/91 CITY OF WYLIE COLLIN COUNTY, TEXAS FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT FEDERAL DEPOSIT INSURANCE CORPORATION EXHIBIT 2 BEING a strip of land for temporary construction easement generally 20.00 feet in width, located in the G. W. Gunnell Survey, Abstract No. 351, Collin 'County, Texas, and being over, under and across Lot 1, Block A, out of a 29.958-acre tract of land conveyed to Donald P. Kreymer as recorded in Cabinet G, Drawer 174 of the Plat Records of Collin County, Texas, said 20.00-foot wide temporary construction easement being parallel with, immediately adjacent to and north of an existing 15.00-foot permanent utility easement along the south property of line of said F.D.I.C. as liquidator for Commonwealth National Bank of Dallas tract, a total distance of 153.44 feet and containing 3,068.8 square feet of land, more or less. Revised: 05/09/89 11/08/90 01/08/91 CITY OF WYLIE COLLIN COUNTY, TEXAS FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT FEDERAL DEPOSIT INSURANCE CORPORATION EXHIBIT 3 BEING a strip of land for temporary construction easement generally 20 feet in width and being over and across Lots 1 through 7, Block H in the Presidential Estates Subdivision in the G. W. Gunnel Survey, Abstract No. 351, the final plat of which being as recorded in Cabinet G, Drawer 174 of the Plat Records of Collin County, Texas and as conveyed to F.D.I.C. as liquidator for Common- wealth National Bank of Dallas tract, said 20-foot temporary construction easement being parallel with and adjacent to the north line of an existing 15- foot utility easement along the south property line of said Lots 1 - 7, Block H, for a total distance of 600.00 feet and containing 12,000 square feet, more or less. Revised: 01/08/91 CITY OF WYLIE COLLIN COUNTY, TEXAS FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT FEDERAL DEPOSIT INSURANCE CORPORATION EXHIBIT 4 BEING a strip of land for temporary construction easement generally 30 feet in width and being over and across Lot 9, Block I in the Presidential Estates Subdivision in the G. W. Gunnel Survey, Abstract No. 351, the final plat of which being as recorded in Cabinet G, Drawer 174 of the Plat Records of Collin County, Texas and as conveyed to F.D.I.C. as liquidator for Commonwealth National Bank of Dallas tract, said 30-foot temporary construction easement being parallel with and adjacent to the west right-of-way line of F.M. 1378 and the east property line of said Lot 9, Block I, for a distance of 135.00 feet and containing 4,050 square feet of land, more or less. CITY OF WYLIE TEMPORARY CONSTRUCTION EASEMENT • STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENT THAT Holley Development, Inc., hereafter termed GRANTOR, whether one or several, of the County of Collin, State of Texas, for and in consideration of the sum of five dollars and no cents ($5.00), and other good and valuable consideration to GRANTOR in hand paid by the City of Wylie, the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED and CONVEYED, and do by these presents GRANT and CONVEY unto the City of Wylie the following described tracts or parcels of land situated in Collin County, Texas, for use as a temporary construction easement and being more particularly described as follows: SEE ATTACHED EXHIBIT TO HAVE AND TO HOLD unto the said City of Wylie, Texas, its successors and assigns, the above described temporary construction easement and we do hereby bind ourselves, our heirs, executors, and administrators to warrant • and defend all and singular the said premises to the City of Wylie, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to clain the same or any part thereof herein until such time as the sanitary sewer force main construction is completed and accepted by the City of Wylie. Witness hand(s) at f County, /)4L.LA5 , this the day of c, . A,4 1),43 1Qy , 19 471. 2 � Holle D Io m y p ent, Inc. STATE OF __ �,Y/ - COUNTY OF ; L 4 BEFORE ME, the undersigned authority, a Notary Public in and for County, , on this day personally appeared A�'�-11 Ai ( K. } �, , known to me to be the person whose namy is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity therein • stated. GIVEN. and r my hand and seal of office, this the t f}- day of .1 4 V +RY , 19' ). Notary Public, County, commission expires the j 7-- day of M6-Fi)r7 , 197 - , Revised 5/9/89 CITY OF WYLIE COLLIN COUNTY, TEXAS FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT HOLLEY DEVELOPMENT, INC. BEING a strip of land for temporary construction easement generally 20.00 feet in width, located in the G. W. Gunnell Survey, Abstract No. 351, Collin County, Texas, and being over, under and across Lot 5, Block I,, out of a 29.958 acre tract of land conveyed to Donald P. Kreymer as recorded in Cabinet G, Drawer 174 of the Plat Records of Collin County, Texas, said 20.00 foot wide temporary construction easement being parallel with, immedi- ately adjacent to and north of an existing 15.00 foot permanent utility ease- ment along the south property line of said Donald P. Kreymer tract, a distance of 83.34 feet from the east property line of said lot to the west property line of said Lot 5, Block I and containing 1,666.8 square feet of land, more or less. /1 ACCEPTED FOR THE CITY OF WYLIE THIS the day of , 19 CITY OF WYLIE John Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date r DATE: } - T-' / I It is agreed on this date for the consideration of - i have signed an easement for pi.) SZ,square feet permanen easement and ?e4A‘. square feet temporary easement for Wylie Sanitary Sewer Improvement System. Easement will be left in as good or better condition as it was before construction. OWNER: 3I ACCEPTED: eon Hurse, RWA Agent • • go CITY OF WYLIE TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENT THAT Holley Development, Inc., hereafter termed GRANTOR, whether one or several, of the County of Collin, State of Texas, for and in consideration of the sum of five dollars and no cents ($5.00), and other good and valuable consideration to GRANTOR in hand paid by the City of Wylie, the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED and CONVEYED, and do by these presents GRANT and CONVEY unto the City of Wylie the following described tracts or parcels of land situated in Collin County, Texas, for use as a temporary construction easement and being more particularly described as follows: SEE ATTACHED EXHIBIT TO HAVE AND TO HOLD unto the said City of Wylie, Texas, its successors and assigns, the above described temporary construction easement and we do hereby bind ourselves, our heirs, executors, and administrators to warrant and defend all and singular the said premises to the City of Wylie, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to clain the same or any part thereof herein until such time as the sanitary sewer force main construction is completed and accepted by the City of Wylie. Witness hand(s) at County, this the c"7— )14 day of i 4-� C' l�..�{,y , I9 ) . Holley De lopmen , nc. STATE OF )--- A/At.__g COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for County on this day personally appeared , � ! D .Z , known to me o e the p rson whose name is subs ibed to the foregoing instrument and acknowledged to me that he executed the same in the capacity therein stated. GIVEN wder my hand and seal of office, this the 17> f4 day of X) 0 4- iLy Notary Public, )5�County, My commission expires the ) --- day of 5 , 1�-,y a Revised 5/9/89 • CITY OF WYLIE COLLIN COUNTY, TEXAS FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT HOLLEY DEVELOPMENT, INC. BEING a strip of land for temporary construction easement generally 20.00 feet in width, located in the G. W. Gunnell Survey, Abstract No. 351, Collin County, Texas, and being over, under and across Lot 6, Block I, out of a 29.958 acre tract of land conveyed to Donald P. Kreymer as recorded in Cabinet G, Drawer 174 of the Plat Records of Collin County, Texas, said 20.00 foot wide temporary construction easement being parallel with, immedi- ately adjacent to and north of an existing 15.00 foot permanent utility ease- ment along the south property line of said Donald P. Kreymer tract, a distance of 83.34 feet from the east property line of said lot to the west property line of said Lot 6, Block I and containing 1,666.8 square feet of land, more or less. ACCEPTED FOR THE CITY OF WYLIE THIS the day of , 19 CITY OF WYLIE John Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date CITY OF WYLIE TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENT THAT Verna M. Douglas and Bruce McDonald, hereafter termed GRANTOR, whether one or several, of the County of Collin, State of Texas, for and in consideration of the sum of five dollars and no cents ($5.00), and other good and valuable consideration to GRANTOR in hand paid by the City of Wylie, the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED and CONVEYED, and do by these presents GRANT and CONVEY unto the City of Wylie the following described tracts or parcels of land situated in Collin County, Texas, for use as a temporary construction easement and being more particularly described as follows: SEE ATTACHED EXHIBIT TO HAVE AND TO HOLD unto the said City of Wylie, Texas, its successors and assigns, the above described temporary construction easement and we do hereby bind ourselves, our heirs, executors, and administrators to warrant and defend all and singular the said premises to the City of Wylie, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof herein until such time as the sanitary sewer force main construction is completed and accepted by the City of Wylie. Witness `Ili(, tt.i• OZIOi , hand(s) at ` ^j ,�. �i i.c.'' County, (�4 �,;� � this the /i day of ,‘ri,t ` / Verna M. Douglas Q ; ,C9) 411( • Bruce McDonald STATE OF COUNTY OF('rj1\�,n BEFORE ME, the undersigned authority, a Notary Public in and for County, \ �, �5 , on this day personally appeared ye r bou (a s IA known to me to be the person whose name is subscribed to the foregoing instrument . and acknowledged to me that he executed the same in the capacity therein stated. GIVEN under my hand and seal of office, this the day of49/M 19 CI( • -`VY)IA UI" eS-ti Notary Public, (•f21,jy,,,, County, c:�16.4.4 J M commissio9n expires the I(3-, day of ) , 19 q� . IW CITY OF WYLIE COLLIN COUNTY, TEXAS FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT VERNA M. DOUGLAS and BRUCE McDONALD BEING a strip of land for temporary construction easement generally 30.00 feet in width, located in the W.M. Patterson Survey, Abstract No. 716-1, Collin County, Texas, and being over, under and across a 157.53 acre tract of land conveyed to J.W. McDonald and Edna May McDonald as recorded in Volume 254, Page 563 of the Deed Records of Collin County, Texas, said 30.00 foot wide temporary construction easement being parallel with, immediately adjacent to and west of the east line of said J.W. McDonald and Edna May McDonald tract and the west rightOof-way line of F.M. 1378, a distance of 820.00 feet from the south property line of said tract to the north property line of said tract and containing 24,600.0 square feet of land, more or less. ACCEPTED FOR THE CITY OF WYLIE THIS the day of , 19 CITY OF WYLIE John Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date 4R6 AGREEMENT FOR TEMPORARY WORKING EASEMENT This is to acknowledge receipt of $ 100.00 from the City of Wylie for the right to enter on the property described in Exhibit "A" attached and perform work as granted by fee owner in attached easement. Upon acceptance of this agreement by the City of Wylie, it is understood that the City and/or its contractor will return the described area to as good or better condition as it was before this agreement. All surface rock will be removed from easement at the completion of work. The City and/or its contractor will also secure the area in the event livestock are present during construction. Signed ) L! cJJ to1.4rcqJ IN WITNESS WHEREOF, the said &'4/AD 4 4r / S has hereunto set his hand and seal. Subscribed and sworn to before me this 7ay of 19gj . tart' Public r --,� County, Texas My Commission Expires: - / Z - 7 2i- ,f--6---,...... --- 3 Y70-7(f ( 2_3-no o? 7 ACCEPTED FOR THE CITY OF WYLIE THIS the day of , 19 CITY OF WYLIE John Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date AGREEMENT FOR TEMPORARY WORKING EASEMENT This Is to acknowledge receipt of $/36� from the City of Wylie for the right to enter on the property described In Exhibit "A" attached and perform work as granted by fee owner in attached easement. Upon acceptance of this agreement by the City of Wylie, it Is understood that the City and/or its contractor will return the described area to as good or better condition as It was before this agreement. All surface rock will be removed from easement at the completion of work. The City and/or its contractor will also secure the area In the event livestock are present during construction. ` . Signed I J o yq,et,, IN WITNESS WHEREOF, the said a-4-A , Lcp h1'Ct' /S has hereunto set his hand and seal. Subscribed and sworn to before me this/2 2Aday of �-- 19 /. tart' Public E County, Texas My Commission Expires; "��-� 2� ACCEPTED FOR THE CITY OF WYLIE THIS the day of , 19 CITY OF WYLIE John Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date JO AGREEMENT FOR TEMPORARY WORKING EASEMENT This is to acknowledge receipt of $ 100.00 from the City of Wylie for the right to enter on the property described in Exhibit "A" attached and perform work as granted by fee owner in attached easement. Upon acceptance of this agreement by the City of Wylie, It Is understood that the City and/or Its contractor will return the described area to as good or better condition as It was before this agreement. All surface rock will be removed from easement at the completion of work. The City and/or Its contractor will also secure the area In the event livestock are present during construction. Signed E IN WITNESS WHEREOF, the said JO/t,, 40 E /y'w J( has hereunto set his hand and seal. Subscribed and sworn to before me this le gIay o Notary Public County, Texas My Commission Expires: 3 I ACCEPTED FOR THE CITY OF WYLIE THIS the day of , 19 CITY OF WYLIE John Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date 292) ACCEPTED FOR THE CITY OF WYLIE THIS the day of , 19 CITY OF WYLIE John Akin, Mayor ATTESTED: Carolyn Jones, City Secretary Date • AGREEMENT FOR TEMPORARY WORKING EASEMENT This Is to acknowledge receipt of $ 135.00 from the City of Wylie for the right to enter on the property described in Exhibit "A" attached and perform work as granted by fee owner in attached easement. Upon acceptance of this agreement by the City of Wylie, It is understood that . the CIty and/or Its contractor will return the described area to as good or better condition as It was before this agreement. All surface rock will be removed from easement at the completi n of wo . The City and/or Its contractor will also secure the area In the event vestock prese uring construction. Signed IN WITNESS WHEREOF, the said /3/?(. c /'Yo A./,..c has hereunto set his hand and seal. Subscribed and sworn to before me this 14-i y of )4( 1917/ . • Notary Public G 1 /L) County, Texas My Commission Expires: 9 - / .-- "' L— STATE OF TEXAS ) TEMPORARY CONSTRUCTION EASEMENT COUNTY OF COLLIN ) AND AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That Mrs. A.J. Daugherty, an unremarried widow, herein GRANTOR, of the County of Collin, State of Texas, for and in consideration of the sum of FIVE and No/100 ($5.00) DOLLARS and of the "Agreements and Conditions" contained in Exhibit "B" attached hereto to GRANTOR in hand paid and agreed to by the City of Wylie, Collin County, Texas, herein GRANTEE, the receipt and sufficiency of which is hereby acknowledged, have GRANTED and CONVEYED, and does by these presents GRANT and CONVEY unto GRANTEE the tract or parcel of land situated in Collin County, Texas, for use as a temporary construction easement in accordance with and pursuant to those terms, agreements and conditions contained in Exhibit "B" as such tract or parcel is more particularly described in Exhibit "A" attached hereto. TO HAVE AND TO HOLD unto the said GRANTEE, its successors and assigns, the herein described temporary construction easement under the terms, conditions and agreement herein contained against every person whom- soever lawfully claiming or to claim the same or any part thereof, by, through or under me, but not otherwise. EXECUTED at Wylie, Texas, this jp7J- day of �,4/VU/9R y ,19 lt)) ��p g t / Mrs. A. J. IIau herty ‘e This EASEMENT and its TERMS, CONDITIONS AND AGREEMENTS are ACCEPTED for the City of Wylie, Texas, this day of 19 CITY OF WYLIE JOHN AKIN, Mayor ATTESTED: Carolyn Jones, City Secretary Date STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, a Notary Public for the State of • • Texas, on this day personally appeared Mrs. A.J. Daugherty, known to me • to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consider- ation therein expressed. IVEN under my hand and seal of office, this 1day of T/ • ,19 Nota y Public for t e State of Texas �. et, /U - Name Printed My Commission expires: /2 EXHIBIT "B" AGREEMENTS AND CONDITIONS TO TEMPORARY CONSTRUCTIN EASEMENT City of Wylie, Texas, GRANTEE, in consideration ,for the grant of the tem- porary construction easement, agrees to the following: 1) Prior to the removal of the barbed wire fencing presently in place, GRANTEE, shall erect and maintain a fence sufficient to turn cattle to be located along the west line of the temporary easement during the construction period; 2) GRANTEE shall be responsible for any losses of cattle due to any failure of the temporary fence to retain such cattle within the Daugherty tract, including not only the value of the cattle so lost, but also reasonable attorneys' fees to enforce this and all provisions of this Exhibit "B"; 3) GRANTEE shall replace the soil in a good and workmanlike manner to prevent erosion and shall replace any grasses presently located in the con- struction area; 4) GRANTEE shall notify GRANTOR'S tenants (i.e., the tenant at the rent house and pasture tenant) of the commencement date of such construc- tion and as to the approximate times when the drive way shall be impassable due to such work; 5) GRANTEE shall replace GRANTOR'S permanent fence upon her east property line in a good and workmanlike manner sufficient to turn cattle; and 6) This temporary easement grant shall cease and determine eight (8) months from date of grant. It is further understood that this temporary easement grant and agreement shall be applicable only to the six (6") inch sewer line, but shall not be applic- able to any larger or additional sewer lines. This temporary construction easement grant is being granted as an accomodation to the City of Wylie, and any larger sewer or other line shall be the subject of further agreements and easement grants. INITIALS: 712e, 1 -1 Mrs. J. A. D. J. A. EXHIBIT "A" FIELD NOTE DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT MRS. A. 1. DAUGHERTY BEING a strip of land for temporary construction easement generally 30.00 feet in width, located in the W.M. Patterson Survey, Abstract No. 716-2, Collin County, Texas, and being over, under and across the south one-half of a 199.22 acre tract of land conveyed to A.J. Daugherty, et ux, as originally recorded in Volume 555, Page 68 of the Deed Records of Collin County, Texas, said 30.00 foot wide temporary construction easement being parallel with, immediately adjacent to and west of the east line of said A.J. Daugherty tract and the west right-of-way line of F.M. 1378, a distance of 826.00 feet from the south property line of said tract to the north property line of said tract and containing 24,807.0 square feet of land, more or less. INITIALS: Mrs. A. J. D. J. A. 3(0 MEMORANDUM DATE: January 16 , 1991 TO: Mayor and City Council 4411011111. FROM: Bill Dashner , City Manager RE: Discuss and Consider Condemnation Action By Right of Eminent Domain in Order to Acquire Two (2) Newport Harbor Sewer Line Easements To Comply With State Mandated Requirements . There are two (2) easements on the Newport Harbor sewer line that City Staff has been unable to acquire after long protracted negotiations . They are as follows : 1 . Easement runs east-west along the south edge of Newport Harbor Phase I and would also involve the Lift Station site. This is Mr . C. T. Beckham' s property. 2 . The second location involves seven (7) lots in Presidential Estates and is owned by Texas Commerce Bank. Six (6) lots are in the southeast quadrant of the subdivision and another lot is at the northeast corner on F.M. 1378 . The City has the right after condemnation act has been filed to proceed with the sewer line construction . This is known as "right-of-entry" . Therefore, I am recommending that the City Council authorize the City Manager through the City Attorney to file condemnation proceedings as soon as possible. MEMORANDUM DATE: January 16, 1991 TO: Mayor and City Council 44 FROM: Bill Dashner, City Manager 10.11, RE: Financial Report for Period Ending December 31, 1990, 3rd Month of Fiscal Year After three (3) months of FY91 the ending balance of the four (4) major operational accounts shows the City has received in revenue $1 ,725 ,784 , 28 .98% of the budget . During that same time frame the City has expended $1 ,110 , 332 or 18 .65% of the budget. Based on the financial condition of the City through the first three (3) months as of December 31, 1990 the City is showing a positive balance of $615 ,452 . Attachment: Supporting Documentation Departmental Reports Investment Report r 4fr id r . i } _ fIn\V, f J� / V V • Or BUDGET SUMMARY 1990-91 FISCAL YEAR PRINCIPAL OPERATING FUNDS: BUDGET ELAPSED TIME: 25 . 0% PERIOD ENDING 12/31/90 : 3RD MONTH BUDGET REVENUES EXPENDITURES FUND REVISED AMOUNT % RECEIVED AMOUNT BUDGET RECEIVED OF BUDGET EXPENDED EXPENDED GENERAL 3 , 460, 000 1 , 082, 865 31 . 30% 641 , 546 18 . 54% 101-450 UTILITY 2 , 090 , 000 543 , 370 26 . 0% 403, 878 19 . 32% 501-521 SANITATION/OP 360 , 000 83 , 429 23 . 18% 54, 677 15. 19% 651 *IMPACT 45 , 000 16 , 120 35 . 82% 10 , 231 22. 74% 901 TOTAL OPERATING BUDGETS 5, 955, 000 1 , 725 , 784 28. 98% 1 , 110, 332 18. 65% *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 , 000 973 . 846% 45 , 643 39. 69% RECONSTRUCTION (74 FUND - BALANCE OF FUNDS TO BE USED ARE FROM 1988 C.O. ' S AND ASSESSMENTS COLLECTED) 91 • UTILITY CONST 650 , 000 7 , 282 1 . 12% 116 , 524 17 . 93% ENGINEER TOTAL CAPITAL ' 765, 000 8 , 255 1 . 08% 162, 167 21 . 20% PROJECT BUDGET DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 25. 0% - 3RD MONTH PERIOD ENDING DECEMBER 31 , 1990 FUND 10 GENERAL REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 101 COUNCIL 91 , 250 27 , 642 30 . 29% 102 CITY MANAGER 153 , 500 22, 870 14 . 90% 103 CITY SECRETARY 92 , 000 21 , 071 22. 90% 105 CODE ENFORCEMENT 99, 000 24 , 617 24 . 87% 107 ENGINEERING 79 , 500 19, 518 24 . 55% 110 FINANCIAL SERVICES 245 , 500 80 , 142 32. 64% 120 MUNICIPAL COURT 50 , 750 10 , 485 20 . 66% 130 DEBT SERVICE 692 , 500 -0- 0 . 00% 140 BLDG. SERV. /M. COMPLEX 183 , 000 37 , 081 20 . 26% 141 BLDG. SERV. /LIBRARY 19 , 250 4 , 611 23 . 95% 142 BLDG. SERV. /FIRE 20 , 250 5, 702 28. 16% 143 BLDG. SERV. /P. WORKS 26 , 500 7 , 924 29. 90% 144 BLDG. SERV. /PARKS 13 , 000 3, 416 26. 28% 201 POLICE ADMINISTRATION 80 , 000 20 , 742 25. 93% 202 POLICE PATROL 521 , 250 107, 371 20 . 60% 203 POLICE INV. 58 , 750 11 , 899 20. 25% 204 POLICE REC. /COMMO. 110 , 250 25, 912 23. 50% 205 METRO WARRANT OFFICER 40 , 250 8, 384 20 . 83% 220 FIRE DEPT. 100 , 250 15, 084 15.05% 230 E.M. S. 116, 250 29, 050 , 24 . 99% 301 LIBRARY 62 , 000 14 , 692 23 . 70% 310 PARKS 93 , 000 12 , 707 13 . 66% 420 STREETS/DRAINAGE 432 , 500 112, 492 26 . 01% 440 GARAGE 41 , 500 7 , 828 18. 86% 450 ANIMAL CONTROL 38 , 000 10 , 306 27 . 12% TOTALS 3 , 460 , 000 641 , 546 18 . 54% FIGURES ROUNDED TO NEAREST HIGHEST OR LOWEST NUMBER ON ALL SUMMARIES DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 25 . 0% 3RD MONTH PERIOD ENDING DECEMBER 31 , 1990 FUND 20 UTILITY EXPENDITURE % EXPENDED BUDGET TO DATE 501 UTILITY ADMIN . 339 , 250 16 , 881 4 . 98% 502 WATER 510 , 000 115 , 153 22. 58% 503 WASTEWATER 394 , 000 92, 220 23 . 41% 510 UTILITY BILLING 199 , 500 46 , 263 23. 19% 515 DEBT SERVICE 605, 750 130 , 523 21 . 55% 520 BLDG. SERV. /M. COMPLEX 15, 500 298 1 . 92% 521 BLDG. SERV. /P. WORKS 26 , 000 2 , 540 9 . 77% TOTALS 2 , 090 , 000 403 , 878 19 . 32% DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 25 . 0% - 3RD MONTH PERIOD ENDING DECEMBER 31 , 1990 • FUND 65 SANITATION/OP. REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 651 SANITATION 360 , 000 54, 677 15. 19% /4/ DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 25. 0% 3RD MONTH PERIOD ENDING DECEMBER 31 , 1990 FUND 90 IMPACT/LIFT BUDGET EXPENDITURE % EXPENDED TO DATE *901 IMPACT/LIFT 45, 000 10 , 231 22 . 74% *THE IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE TO NEW ORDINANCE. ;6' DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 25. 0% - 3RD MONTH PERIOD ENDING DECEMBER 31 , 1990 FUND 74 STREET RECONSTRUCPION BUDGET EXPENDITURE EXPENDED TO DATE 741 STREET RECONSTRUCTION 115 , 000 45 , 643 U . 00% DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 25 . 0% - 3rd MONTH PERIOD ENDING DECEMBER 31 , 1990 FUND 91 UTILITY CONSTRUCTION BUDGET EXPENDITURE % EXPENDED & ENGINEERING TO DATE 911 UTILITY CONSTRUCTION 650 , uuu 116, 524 17 . 93% & ENGINEERING 117 MEMORANDUM DATE: January 16 , 1991 TO: Mayor and City Council FROM: Bill Dashner, City Manager4.11.1:00* RE: Discuss and Consider Cit of Wylie Invested Funds As of December 31 , 1990 And Uninvested Balances in Operational Accounts as of January 2, 1991 (Provident Bank) The following is the amount of money that the City of Wylie had invested as of December 31, 1990 . Treasury Bonds Invested To $1 , 198 ,500 .00 RESTRICTED FUNDS Mature On 01/04/91 For $1,200,000 .00 RESTRICTED FUNDS Freddie Mac' s $1,920,000 .00 TOTAL BOND FUNDS U . S . Government INVESTED $3 ,120 ,000 .00 TOTAL INVESTED 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 2 , 1991. General Fund $ 132 ,690 .53 Utility Fund 106 ,100 .99 Utility Refund 11,348 .92 Municipal Court 9 ,133 .75 Payroll 19, 059. 36 Utility Deposit 19 ,559 .32 General Interest & Sinking 60, 828 .02 Utility Interest & Sinking 8 ,557 .33 Perimeter Street 38,941.97 Utility Bond Reserve 6 ,726 . 80 Impact 22 ,660.35 State Court 27 ,779 .99 Community Room 2,255 .00 Sanitation Operating 30 ,675 .79 Return Check Fund 524 .00 Street Reconstruction 37 ,237 .45 Landfill 1, 193 .89 • Sales Tax 4 ,591 .55 Library 1,145 .27 Police Training 83 .53 Park Contributions 15,558 .25 Utility Construction 46 ,212 .60 Economic Development 61,910. 70 Landfill Closure 3 ,917 .51 Service Center/Animal Shelter 153 . 93 UNINVESTED FUNDS AS OF 01/02/91 $ 668 ,846 .80 TOTAL INVESTED FUNDS $3,120,000.00 TOTAL UNINVESTED FUNDS 668 ,846 .80 TOTAL ALL FUNDS $3,788 ,846 .80 do MEMORANDUM DATE: January 8, 1991 TO: Mayor and City Council 4 /004 FROM: Bill Dashner , City Manage RE: Discuss and Consider an Ordinance Amending Ordinance No . 90-18 and Lowering Water and Sewer Rates Effective March 1, 1991 According to Frank Medanich of First Southwest the City of Wylie could do the following to reduce water rates . Of the 1990 $3 , 500 ,000 bond fund, place $1,000 ,000 in the Interest and Sinking Fund Account to draw interest at an annual rate of 8% per year . This would generate $80,000 per year. $80 ,000 applied to debt service thereby reducing the need for revenue out of the utility fund for debt service . $80 ,000 divided by 2, 884 (number of meters billed) divided by 12 billings per year equals $2 . 31 per bill per month. Present minimum monthly water bill (water only) is $7 .15 , if reduced by $2. 31 the new minimum would be $4 .84 per month. Sewage collection and treatment rates can also be reduced in the following manner. There is a sewer pass thru sur charge of $2 .00 , $5 .00 or $7 .50 depending on residential usage or commercial . Water consumption 0 to 2 ,000 no change is recommended , however water consumption exceeding 2 ,000 gallons should be reduced by $2 .69 per month and commercial accounts by $2 . 69 per month. This would mean a total savings to the rate payers of sewer charges of $93, 095 .52 annually or $2 .69 per month for a total savings to the rate payer of $5 .00 per month on sewer and water bills . This $93 ,095 .52 could be made up by the savings the City will see on an annual basis when Southfork Mobile Home Park is master metered . We have also seen a reduction in water loss from 22% per year down to 15% per year. This is a total of $173 ,095 .52 in annual water and sewer reductions for the utility customers of the City of Wylie. POSSIBLE REDUCTION FORMULA WATER Monthly minimum charge for the first 1,000 gallons of metered water consumption $7 .15 From: $7 .15 To: $4 . 84 $2 .31 (Reduction) SEWER Water consumption exceeding 2 ,000 gallons - residential $5 .00 Nonresidential $7 .50 From: $5 .00 $7 .50 To: $2 .31 $4 . 81 $2 .69 $2 .69 (Reduction) Attached is an enabling ordinance ORDINANCE NO. AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS; AMENDING ORDINANCE NO. 90-18; ADJUSTING WATER AND SEWER RATES FOR THE CITY OF WYLIE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL, CITY OF WYLIE, TEXAS: SECTION 1. That Ordinance 90-18 be and the same is hereby, amended by amending Section 1, Subsection B and C as follows: SECTION 1 - WATER AND SEWER A. . . . B. Water Rates 1. . . . . a. Monthly minimum charge for the $ 4.84 first 1,000 gallons of metered water consumption b. . . . C. Sewage Collection and Treatment Rates 1. . . . . 2. . . . 3. . . . . 4. . . . a. . . . b. Water consumption exceeding 2,000 gallons $2.31 c. Nonresidential customers $4.81 SECTION 6. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. Si SECTION 7. This ordinance shall take effect March 1, 1991. 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 ORDINANCE NO. 90 ,'r' AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS, ESTABLISHING WATER AND SEWER RATES FOR THE CITY OF WYLIE; AMENDING ORDINANCE NO. 84- 12 ; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 88-24 AND ALL OTHER ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Ordinance No. 84-12 be, and the same is hereby, amended by amending Section 1, Subsections B and C as follows: "SECTION 1 - WATER AND SEWER A. . . . . B. Water Rates 1. The following monthly water rates shall apply to all customers within the corporate limits of the City of Wylie, to wit: a. Monthly minimum charge for the first 1, 000 gallons of metered water consumption $ 7.15 b. Volume charge for all consumption exceeding 1, 000 gallons (per 1,000 gallons) (1) 1, 001 to 2, 000 gallons (per 1, 000 gallons) $ 1.82 (2) Over 2,000 gallons (per 1, 000 gallons) $ 2.55 2 . The monthly water rate charge and sewer rate charge for residential and commercial customers located outside the corporate limits of the City of Wylie shall be at a rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. C. Sewage Collection and Treatment Rates 1. The following monthly sewage collection and treatment rates shall apply to all residential customers of the city, with a maximum charge of Thirty and 30/100 Dollars ($30. 30) per month: a. Monthly minimum charge (first 1, 000 gallons of metered consumption) $10.00 b. Volume charge for all consumption exceeding 1, 000 gallons (per 1, 000 gallons) $ 1.45 2 . A fourteen dollar ($14 . 00) minimum monthly sewage collection and treatment charge for all £5- nonresidential customers shall be in accordance with the above waste surcharge and shall be in addition to the above schedule and in accordance with the details of the industrial waste ordinance. 3 . A sewer fee of eighteen dollars ($18. 00) shall be charged for each apartment unit, multiple family unit or mobile home space in special areas such as washaterias, swimming pools, etc. , where the apartment, multiple family development or mobile home park is on a master meter with the City of Wylie. 4 . In addition to the charges listed above for sewage collection and treatment services, a flat rate pass-through charge shall be applied monthly to each customer account in order to recover the protected annual increase in costs related to debt service requirements for expansion of the City's wastewater treatment plant. In fiscal year 1990- 91, this pass-through charge shall be applied as follows: Residential customers, including each apartment unit, multiple family unit, or occupied mobile home space and special areas such as washaterias, swimming pools, etc. where the apartment, multiple family development, or mobile home park is on a master meter with the City of Wylie shall be subject to a per month charge as follows: a. Water consumption of 0 to 2,000 gallons $2.00 b. Water consumption exceeding 2,000 gallons $5.00 c. Nonresidential customers $7.50" SECTION 2. That Ordinance No. 84-12 be, and the same is hereby, further amended by amending Section 1, Subsection G, as follows: "G. Past Due Account Penalty 1. The charges for water and/or sewer service shall be billed and collected monthly as a utility charge payable to the City of Wylie. All charges not paid within sixteen (16) days from the date that the bill is rendered shall be delinquent, except when the sixteenth (16th) day falls on Saturday, Sunday, or legal holiday under which condition such bill shall be due by 5: 00 p.m. , central time, on the next working day following such Saturday, Sunday, or legal holiday. 2 . All payments made after the sixteenth (16th) day will bear a late charge of penalty of one dollar ($1.00) or five percent (5%) , whichever is larger, on such monthly charge. 3 . A customer's utility service may be disconnected if a bill has not been paid or a deferred payment agreement entered into within twenty-six (26) days from the date of issuance of a bill and if proper notice has been given. Proper notice shall consist of a separate mailing or hand delivery at least ten (10) days' prior to a stated date of disconnection, with the words "termination notice" or similar language prominently displayed on the notice. The information included in the notice shall be provided in English and Spanish as necessary to adequately inform the customer. Attached to or on the face of the termination notice shall appear a statement notifying the customer that if they are in need of assistance with payment of their bill, they may be eligible for alternative payment programs, such as deferred payment plans, and to contact the Water Department of the City of Wylie for more information. If mailed, the cutoff day may not fall on a holiday or weekend, but will be on the next working day after the tenth (10th) day. Service may not be discontinued to a delinquent residential customer permanently residing in an individually metered dwelling unit when that customer establishes that discontinuance of service will result in some person residing at that residence becoming seriously ill or more seriously ill if service is discontinued. If a customer seeks to avoid termination on this basis, the customer must have the attending physician call or contact the Water Department within sixteen (16) days of the issuance of the bill. A written statement must be received by the Water Department from the physician within twenty-six (26) days of the issuance of the bill . The limit on termination shall last sixty-three (63) days from the issuance of the bill or a lesser period if agreed by the parties. The customer who makes such request shall enter into a deferred payment plan to accomplish payment of bill. 4 . If it is necessary to terminate water service for nonpayment, a charge of thirty dollars ($30. 00) shall be paid prior to restoration of the service if the service is restored between the hours of 8: 00 a.m. and 5:00 p.m. , central time, on weekdays. At other times, the restoration charge shall be forty-five dollars ($45. 00) . 5. If the water service is terminated by the customer's request, the charge for restoring the service shall be ten dollars ($10. 00) and shall be added to the next months' bill. " SECTION 3 . That any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to him shall make a deposit for bulk water service with the City of Wylie in the amount of fifty dollars ($50.00) , the customer shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges shall be set in minimums of twenty-five (25) gallon increments and are established as follows: 1. 0 to 1, 000 gallons $7. 15 2. 1,0001 to 2,000 gallons $1.82 3 . Over 2,000 gallons (per 1, 000) $2.55 SECTION 4 . When any utility customer is of the opinion that a water meter is registering incorrectly, the customer may make a request to the city for testing of the meter. A field test will be provided for the customer's meter without charge once every two (2) years. If the customer desires a calibration and certification test, then at the time such request is made, the customer shall make a twenty dollar ($20.00) deposit with the City. If the test shows that the meter is registering consumption in excess of actual flow by more than two percent (2%) , the meter shall be replaced with an accurate one at the expense of the City, and the twenty dollar ($20.00) deposit shall be returned to the customer. If the test shows that the meter is registering consumption at less than actual flow or in excess of actual flow by two percent (2%) or less, the twenty dollar ($20.00) deposit shall be retained by the City to defer the cost of such test. SECTION 5. That Ordinance No. 88-24 is hereby repealed and that all ordinances or parts of ordinances otherwise in conflict with the provisions of this ordinance are hereby repealed, and all other ordinances or parts of ordinances not in conflict with the provisions of this ordinance or specifically amended hereby shall remain in full force and effect. SECTION 6. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 7. . This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. Jr DULY PASSED by the City Coun it of the City of Wylie, Texas, on the 9 day of , 1990. APPROVED: (tC=111) y�a0i nun �,Y��� %/oe1.2 YOR L ATTEST: ornimmintiO CITY SE ARY i ; 11"121 .-/1 PPROVED AS TO FORM: WI CITY ATTORNEY RLD/sb 10/8/90 V MEMORANDUM DATE: January 16 , 1991 TO: Mayor and City Council FROM: Bill Dashner , City Manage •••.° RE: Discuss and Consider Awarding Lowest and Most Responsive Bid Proposal for the Preparation of an Updated Official Zoning Map as Prescribed by the City Charter It is my understanding that the official zoning map has not been updated in several years. Accordingly the City Staff has experienced some difficulty. As previously authorized by the City Council two (2) bid proposals were received . They are as follows : Helmberger Associates A bid not to exceed $10 ,134 .66 J. T. Duncan & Associates , Inc. A bid not to exceed $12 ,405 .00 Based on the staff review it is recommended that Helmberger Associates be awarded the bid in the amount not to exceed $10 ,134 .66 . Since this was not a budgeted item I am recommending the following funding source. Community Development City Attorney $ 892 .00 Contractual Employment 1, 000 . 00 Travel & Training 2 ,000 .00 Data Processing 750 .00 $ 4 ,642 .00 City Manager Office Equipment 1,000 .00 $ 1,000 .00 Engineering & Planning Engineering Services 4 ,492 .66 $ 4 ,492 .66 $10 , 134 .66 $10 ,134 . 66 HELMBERGER ASSOCIATES • CIVIL ENGINEERING CONSTRUCTION MANAGEMENT ENVIRONMENTAL ENGINEERING January 2, 1991 Mr. Jim Holcomb, Purchasing Agent City of Wylie Financial Services Department 2000 Highway 78 North P.O. Box 428 Wylie, Texas 75098 Re: Priced Proposal for the Development, Design and Completion of an Official Zoning Map for the City of Wylie Corporate Limits Dear Mr. Holcomb, Helmberger Associates is pleased to provide this priced pro- posal for the above work. In order to facilitate your decision and to give you a platform from which to judge each submittal independently, we have divided this proposal into eight catego- ries: (1) Statement of Project Understanding, • • (2) Consultant Work Scope, (3) Proposed Work Plan, (4) Cost Breakdown, Hourly Rates and Proposed Not-To-Exceed Budget, (5) Firm History, • (6) Staff Qualifications, (7) Office Location, and (8) Summary. STATEMENT OF PROJECT UNDERSTANDING The City of Wylie has requested a priced proposal for the development, design and completion of an Official Zoning Map of • all land within its corporate limits. The proposed Official Zoning map will be used as a guide by both the City Council and City Staff to facilitate answering questions concerning existing zoning in the city and as a base for mapping future zoning changes. The existing zoning maps, dated 1972 and 1978 , are obsolete. From January 12 , 1971 , to September 27 , 1977 , (from a list of ordinances provided to Helmberger Associates by Mr. Ed Richie, • • 214/442-7459 City of Wylie January 2 , 1991 Page 2 Director of Community Development and Planning - See Appendix A) , there were 15 annexation ordinances and 14 zoning ordinances approved by the city council . From April 11, 1978 , to November 14 , 1989 , (information compiled from same list) 149 annexation ordinances and 162 zoning ordinances were approved by city coun- cil. At present the city has no accurate, official map showing existing zoning. Helmberger Associates proposes to prepare the Official Zoning Map using Computer Aided Design and Drafting (CADD) technology. The final map will be available to the city on both reproducible media and 51/4" or 31/2" diskettes. The diskette version of the map will be available in either Intergraph or AutoCad format and Helmberger Associates personnel will be available to teach city staff on company software until such time as the City purchases the necessary equipment and software to run the program. To produce the base map to lot and block accuracy as request- ed, Helmberger Associates proposes digitizing the existing City of Wylie base maps into the CADD system and then creating a zoning overlay. This is accomplished with Intergraph Microsta- tion CADD software. Once the existing city base maps are entered into the CADD system, the zoning overlay is complete and city personnel are trained, all updates to the overlay and base maps can be made by computer, saving the city a substantial amount of manpower manu- ally updating the zoning overlay and base maps. Another advan- tage to having the base maps in the computer is that any specific area of town can be loaded and drawings of any scale can be plotted for design or exhibit purposes. City utilities can be added at a later date to further compliment the database. Included at Appendix B are December 1990, costs for computer software and hardware for an Intergraph Microstation CADD system. At present, the city does not own the necessary hardware to run the Intergraph Version 4 . 0 software. CONSULTANT WORK SCOPE As stated in a Memorandum to Mr. James Johnson, Director of Finance from Mr. Ed Richie, Director of Community Development and Planning, dated November 9 , 1990, the proposed consultant work scope is as follows: 1 . Develop a computer generated base map for the City of Wylie to lot and block accuracy with zoning overlay. J City of Wylie • January 2 , 1991 jPage 3 ` 2 . Research and note zoning ordinance numbers on map. 3 . Provide one reproducible mylar at a scale of 1 inch = 500 feet and one reproducible mylar at 1 inch = 1000 feet. 4 . Provide a mounted presentation map at a scale of 1 inch = 500 feet for Council Chamber. 5. As an addendum, provide a chronological listing of zoning changes and annexations. See Appendix A. J In order to proceed with the above tasks, Helmberger Associ- ates will need the following information: o Vacuum frame reproductions of the existing City of Wylie 1" = 200 ' base maps (Vacuum frame reproductions are neces- sary to reduce stretch associated with normal reproduction techniques) , o Vacuum frame reproductions of the existing City of Wylie 1" = 500 ' base maps, o 1972 and 1978 Zoning Maps, o Copies of the Zoning Ordinances listed in Appendix A, o Copies of the Annexation Ordinances listed in Appendix A, o Copies of both Zoning and Annexation Ordinances for the year 1990, o Copies of plats (where necessary) showing lot and block numbers, and o City Staff input throughout the duration of the project. PROPOSED WORK PLAN Helmberger Associates proposes to complete tasks 1 through 5 using the following work plan provided the above mentioned infor- - mation is available: 1. Obtain Central Appraisal District (CAD) 1" = 400 ' prints of the incorporated areas of Wylie and input the surveys and city limit lines into the computer. The CAD prints were updated in May, 1990, and should show current city limits. The prints will also be used to check city base maps. 1 City of Wylie January 2, 1991 Page 4 I 2 . Digitize the streets and subdivisions inside the corpo- rate city limits from City of Wylie 1" = 200' base maps. 3 . Add Lot and Block numbers as labeled by the City Engi- 1 neering Department. Check as necessary and research filed plats and city files for any missing lot and block designa- tions. 4 . Plot draft copy of the computer generated base maps and meet with City Staff to discuss changes, additions or dele- tions as necessary. 5. Input zoning as shown on the 1972 edition of the Official Zoning Map. Based on conversations with Mr. Richie, Helm- ] berger Associates will assume that pre-1972 zoning is shown correctly on the 1972 Zoning Map. 6. Check (by Lot and Block number) the existing 1978 Zoning Map by referencing zoning ordinances from 1972 - 1978. Make changes as necessary and digitize 1972 - 1978 zoning changes into the CADD system. 7 . Research the approximately 165 additional zoning ordi- nances approved by the City of Wylie after 1978 and plot the 1 zoning changes by lot and block number. Label area covered J by each zoning ordinance on base map. 8 . Plot draft copy of the new zoning base map and meet with Jcity staff to discuss final map characteristics and symbolo- gy. 9 . Revise as necessary and plot final mylar copies of map at 1" = 500 ' and 1" = 1000 ' . 10. Prepare presentation map at 1" = 500 ' for Council Cham- ber. r Helmberger Associates anticipates that with current staffing the zoning map can be ready for City approval and use two (2) months after execution of a contract. COST BREAKDOWN, HOURLY RATES AND PROPOSED NOT-TO-EXCEED BUDGET Helmberger Associates proposes performing this project on a Not-To-Exceed basis outlined as follows: City of Wylie January 2 , 1991 Page 5 Task No. 1 - Obtain prints of the incorporated area of Wylie from the Central Appraisal District and digitize abstract and survey lines. $486.40 Task No. 2 - Digitize streets and subdivisions from city base maps. $1,945.60 Task No. 3 - Add Lot and Block numbers. Task No. 4 - Plot draft copy and meet with City Staff . $230.00 Task No. 5 - Digitize 1972 Zoning. $194.56 Task No . 6 - Check 1978 Zoning Map and make necessary changes to zoning base map. $389.12 Task No. 7 - Reference the 165 zoning ordinances and input by lot and block. $2,887.50 Task No. 8 - Plot draft copy and meet with City Staff. Task No. 9 - Revise and plot final mylar copies. $583.68 Task No. 10 - Prepare 1" = 500 ' mounted 8 ' tall by 9 ' wide presentation map for Council Chambers. $972.80 Project Coordination. $920.00 Direct Costs. $1525.00 Total Not-To-Exceed Budget - $10, 134.66 This budget is conservative and will not be billed in its entirety if the actual time and direct costs spent on the project are less than anticipated. Any additions to the Scope of Serv- ices above will be billed at the following hourly rates. Costs will be carefully monitored during the progress of the project and the above estimated Not-To-Exceed budget will not be exceeded without city authorization. Services will be billed at the following rates per hour for each applicable service category and direct costs will be invoiced at cost times 1 . 15 . Direct costs include computer time, reproduction, printing, copies, etc. . City of Wylie January 2, 1991 Page 6 I - TABLE OF HOURLY RATES Draftsman/Technician $24 . 32/hr. Clerical $24 . 32/hr. Staff Engineer $52 . 50/hr. Project Manager $57 . 50/hr. Quality Control Engineer $69 . 00/hr. Principal $69. 00/hr. Computer Programmer $35. 67/hr. If any payment due the Engineer for services and expenses invoiced in accordance with this Agreement is not received within thirty (30) days after receipt of the invoice, the amount due the Engineer will be increased at the rate of 1. 5% per month for each month beyond the thirty (30) day period. In addition, the Engi- neer may withhold design drawings, documents , specifications, reports, or any other tangible items produced under the terms of this agreement until outstanding invoices are paid. FIRM HISTORY • Helmberger Associates is a family owned and operated private consulting engineering firm located at 124 Hooper Road, Wylie, . • Collin County, Texas, specializing in Civil and Environmental Engineering. Helmberger Associates is headed by Mr. Duane C. Helmberger, P.E. , licensed in both Texas and Oklahoma, with over 31 years of experience in design, construction management, water resources systems analysis, long-range planning, and management of environ- mental compliance efforts spanning the complete spectrum of environmental law. He is completely conversant with The Resource Conservation and Recovery Act (RCRA) , The Comprehensive Environ- mental Response Compensation and Liability Act (CERCLA) , The Clean Water Act (CWA) , The Clean Air Act (CAA) , The Toxic Sub- stances Control Act (TSCA) , The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) , and The Occupational Safety and Health Act (OSHA) . His background includes design of navigation • works , 50-year planning studies, and from 1977 to 1988 he was responsible for management of the Air Force Environmental Compli- ance Program in a twenty-one state area. His responsibilities with the Air Force included management of the Installation Resto- ration Program (IRP) and the Hazardous Waste Management Program for some 30 major Air Force bases . In this capacity he was involved in working level formulation and review of all documents paralleling the Environmental Protection Agency' s Remedial Inves- tigation, Feasibility Study, Remediation, and Monitoring process. City of Wylie January 2, 1991 Page 7 7w 7 Mr. Helmberger is joined in this family venture by two of his sons: o Stephen A. Helmberger, P. E. , licensed in both Arizona and J Texas, with over 8 years of engineering design and plan preparation of airports, industrial subdivisions, municipal and county roads, drainage improvements, levee improvements, 7 channelization projects, stormwater pump stations, hydrolog- ic studies and construction management. o Joseph E . Helmberger, P. E. , licensed in Texas , with an additional 7 years of engineering design and plan prepara- tion of industrial, business, and residential subdivisions, interstate highway frontage road planning and design, build- ] ing site feasibility studies and development, design of improvements and utility relocations for upgrading streets and construction management. 7 The Helmberger ' s have been an integral part of the Wylie and Collin County area for over 13 years with both Stephen and Joseph graduating from Wylie High School in 1979 and 1980 respectively and the University of Texas at Arlington in 1983 and 1984 respec- tively. Helmberger Associates has extensive expertise in environmental engineering including hazardous materials management, consulta- tion, and plan formulation, Resource Conversation and Recovery Act plan formulation, permits and closure plans, underground storage tank (UST) management and removal plans, environmental audits, asbestos abatement plans, and Superfund studies including remedial investigation/feasibility studies, remediation plans, and surveillance of remediation. We also offer extensive expertise in storm drainage system i analysis and design, sanitary sewer collection system analysis and design, water distribution system analysis and design, rural and urban street design, residential, commercial, and industrial subdivision feasibility studies and design, building site devel- opment and feasibility studies, land reclamation and levee sys- tems including all necessary State and Federal permits, and construction management. We have a reputation for responsibility with client satisfac- tion our top priority. We strive for engineering excellence in the designed and constructed project. We are a client-oriented firm, organized to provide careful attention to each client ' s needs. 1 City of Wylie January 2 , 1991 Page 8 7 We offer the technical expertise, support services, and hands on management needed to meet the challenges of any project on time and within budget. STAFF QUALIFICATIONS 7 Helmberger Associates ' effort on this project will be headed by Mr. Joseph E. Helmberger, P. E. , Vice President, as Project Manager. The Assistant Project Manager will be Mr. Stephen A. Helmberger, P. E. , Vice President, and Quality Control will be provided by both Joseph and Stephen as well as Duane C. Helmber- ger, P. E. , President. Computer programming, as necessary, will J be provided by Peter John Dunlop, Software Engineer. J Joseph E. Helmberger has extensive knowledge and working 7 experience using Intergraph Microstation Software having managed the following projects from initial surveys to final design using the software: ] o Preparation and coordination of a watershed management plan for the South Branch of Fish Creek, City of Arlington, Texas . This project entailed every aspect of the 9-1-1 1 study less addressing structures. We digitized the City of Arlington tax maps, water and sewer locator maps, topograph- ic maps, thoroughfare plan, Fema maps and every subdivision in the watershed into Intergraph CADD software and used this information to produce every map for the study. Study Fee - $150, 000. 00 o Design and preparation of approximately one mile of paving and drainage improvements for a three and four lane frontage road for Interstate Highway 635 between MacArthur Boulevard and Valley View Lane in Dallas, Texas for the State Depart- ment of Highways and Public Transportation. Construction Cost - $1, 700, 000. 00 o Preliminary design and plan preparation of approximately one and a quarter miles of paving and drainage improvements for a looped three and four lane frontage road for Interstate Highway 635 between Luna Road and the Elm Fork of the Trini- ty River in Dallas, Texas for the State Department of High- ways and Public Transportation . Construction Cost - - $2, 300, 000. 00 o Design and preparation of plans and specifications for the freshwater wetland impoundments adjacent to the Gulf Intra- 7 City of Wylie January 2, 1991 Page 9 coastal Waterway near Matagorda, Texas for Ducks Unlimited, Inc. - $250, 000. 00 o Preparation of plans, specifications and estimates for Allen Avenue from Arbrook Boulevard to Maybrook Court in Arling- ton, Texas. This project consisted of grading, storm sewer 1 cast in place box culverts, concrete pavement, and utility relocation. Construction Cost - $700, 000. 00 OFFICE LOCATION All work performed by Helmberger Associates while completing this assignment will be accomplished at Helmberger Associates sole office located at 124 Hooper Road, Wylie, Collin County, 1 Texas. CONCLUSION Helmberger Associates is dedicated to providing continued low 1 cost and efficient engineering and technical services for the 1 City of Wylie. Not only will we provide an Official Zoning Map to lot and block accuracy, we will also provide computerized base maps of the entire city. When the project is complete we will tutor city staff on company equipment, teaching them how to use and update the computerized zoning overlay and base maps. This will ultimately lead to savings in both manhours and salary cost per task when the city purchases a CADD system and the zoning overlay or base maps need to be updated or base sheets need to be 1 created for specific design or exhibition purposes. I We trust you will find the above satisfactory. We appreciate the opportunity to submit this proposal to the City of Wylie and trust that our association on this project will be mutually beneficial. Please call if I may answer any questions or provide additional information about our outlook or plan of action for this project. Sincerely, HELMBERGER ASSOCIATES geoultet E• 119.4"M a Joseph E. Helmberger, P. Vice President J wylzon.pro J. T. Dunkin & Associates, Inc. • • Urban Planning and Landscape Architecture • January 3, 1991 • City of Wylie • =- Financial Services Department 200 Highway 78 N 11 P.O. Box 428 Wylie, Texas 75098 Gentlemen: This proposal is submitted in response to RFP #91-09, Official Zoning Map. The proposal Is 13' presented in three sections: (I) Base Map; (II) Zoning; and (III) the option to create an official annexation map. I. BASE MAP A computer generated base map will be prepared and will serve as a base map for the !: Zoning Map base. The computerized map will be prepared using AutoCAD software and (disk(s) will be furnished to the City for the completed map). Data to be used from which the map is to be digitized is the City's current base map and material the Consultant currently has on file. For extension northerly above the limits of •the current city base map, but within the city limits, U.S.G.S. data will be used for control with other data taken from plat and map records which are to be secured from the Central Appraisal District and County. The completed base map will include all areas presently within the Wylie City Limits. The base map will have the following data for display and will be digitized in the following layers. This will permit printing of data from any combination of layers. Layers will be: (1) street and highway rights-of-way; (2) lot lines and major property lines other than platted subdivisions; (3) alley rights-of-way; (4) city limit boundary; (5) easements; (6) lake lines; (7) creek lines; (8) railroad rights-of-way and track alignments; (9) lot and block numbers; (10) addition names; (11) text for street names; and (12) text for map name, scale, north arrow, and prominent features such as schools, churches, or other desired information. A layer for Zoning Districts will be prepared as set forth below. 9876 Plano Road Dallas, Texas 75238 214-553-5778 • 704 • Page 2 II. ZONING DISTRICTING A Zoning District layer will be prepared and generated for displaying the official boundaries for all approved zoning districts. This layer, when printed with the base map data, will produce the Official Zoning District Map. The following outlines the proposed sequence of tasks to be performed by the Consultant in creating the layer for zoning districting. A. Zoning Ordinance amendments from City Secretary records will be researched by the Consultant. It is intended all amendments.since 1971, and earlier if records are available, will be researched. All district data will be mapped to assure there is no duplicate or overlapping.data Zoning District categories from Ordinances repealed when a revised Ordinance was adopted will be* established for comparison of their nomenclature to similar existing District categories now set forth in the current Zoning Ordinance. .' Research and mapping will be done for the time period: (1) from 1971 (or earlier if records are available) to March 26, 1981; and (2) from March, 1981 to May 7, 1985; and (3) from May, 1985 to present. March, 1981 and May, 1985 are dates on which new Ordinances were adopted and it is likely district nomenclature changed and additional districts were added to the new Ordinance. If it is possible to find in the City Secretary records Zoning Ordinance Maps for those Zoning Ordinances previously adopted,considerable time would be saved and not require the amount of research time contemplated. Once a complete listing of Zoning Ordinances has been compiled, their adoption sequence will be tabulated in chronological order. A similar listing will be'made for annexation ordinances. Any differences, peculiarities, or other conditions found in the above work to show cause for questions to the results of work done by the Consultant will be noted -with explanation. The product of this phase of work will be the mapping of all ordinance amend- ments researched with their category, date, and number. B. From the above work, the Zoning Districting considered correct and valid at this time will be compiled and presented for discussion and comment. The current Zoning Map will be compared to the recommended Map,and where discrepancies • are shown, an explanation will be made to accompany the recommended Districting. Following staff review,the Official Zoning District Map will be prepared consisting of the base map with appropriate layers with the Zoning District layer. On this Map, there will be shown for each District, the correct zoning category name and the number of the Ordinance which was approved zoning the tract or tracts. • •''• • Page 3 C. It is recommended the Zoning District map developed from research then be considered for adoption as the Official Zoning District Map, The following are suggested as steps to accomplish this action: • 1. Develop and publish a Public Notice of the process,used to create the new map and indicate where it can be viewed and questions asked (City Hall). • % 2. Set a joint Public Hearing for the Commission and Council to hear any • Input concerning correctness to the map. 3. After Commission recommendation,City Council will adopt the Map as the Official Map by a resolution or ordinance document as may be recom- r mended by the City's Attorney. .• . FEES FOR ITEMS I AND II I. BASE MAP sE -s; A. Preparation of computer base map $ 3,000 • II. ZONING DISTRICTING A. Research approximately 40 Ordinances, 1971 to 1981; 65 Ordinances, 1981-1985; and 75 Ordinances 1975 to Present 1. Principal time, 8 hrs. @ $95 760 • 2. Technical time, 120 hrs. @ $45 5,400 3. Principal time for staff meetings, Planning Commission, City Council Public Hearings 16 hrs. @ $95 1,520 • B. Printing and display map 1. Printing and furnishing 1 each mylar map of official Zoning District Map at scales of 1" = 1000' and 1" - 500' 175 2. Preparation of presentation Zoning Map at scale of 1"-500'. Material will be pantone applied to print of base map. Material and labor. (Cost for this item can be reduced using color markers, if desired) 1,550 • ,tl _)J 70t Page 4 The above number of hours for research and labor to perform the work outlined are estimates of time expected to be needed to accomplish each task. i The Consultant is submitting these hours as estimates with their dollar extensions as an amount which the work (as outlined herein) will not exceed as a cost to the City. The Consultant will submit his invoice for Items I and II above when his work is completed ;. for each item. A listing of the number hours spent by individual (principal or technical) will be submitted with the hourly rates shown. In no case will the total cost be exceeded above the amount shown for each item, unless mutually agreed to by the City and Consultant. OPTION1. III. ANNEXATION In the Local Government Code under Chapter 41,Municipal Boundaries,paragraph 41.001 states "a municipality shall prepare a map that shows the boundaries of the municipali- ty The map shall be annotated to indicate: . (1) date of annexation (2) the number of the annexation ordinance, if any, and • (3) a reference to the minutes in which the ordinance is recorded in full." - If the City does not have this map in the format required, it may be an appropriate time to prepare the map with the'present research work. The annexation map would provide an • accurate boundary for the base map. There have been approximately 192 annexation ordinances passed since 1971. The above ordinances can be researched, checked, and plotted on a mylar copy of the base map. The date and ordinance number would be tabulated on the map within the boundaries of the area annexed. This can be computer generated and done in a reproducible form and at a scale which allows all data to be legible. It is estimated approximately 175 to 200 man hours would be required to complete this work. The work would be done at technical rate of$45.00 per hour. Sincerely, Se-LC— .,:, J.T. Dunkin - ;.. :4'k. MEMORANDUM DATE: January 16 , 1991 TO: Mayor and City Council , ,,," ," FROM: Bill Dashner , City Manager . RE: Discuss and Consider Appointment of Home Rule Charter Revision Committee As discussed by the City Council at the meeting on January 15 , 1991 the following members constituted the 1st Charter Revision Committee in 1989 . Those members were as follows : C. Truett Smith, Chairman James Blakey Carol Barry Judy Trimble John Seeley Jayne Chapman Perry Robinson Carey Gooch Roy Randolph Dennis Kauffman MEMORANDUM DATE: January 15, 1991 TO: Mayor and City Council • FROM: Bill Dashner, City Manager „r RE: Discuss and Consider Progress Report on Master Metering Southfork Mobile Home Park. Attached is a letter that I transmitted by registered mail to the owner of record of Southfork Mobile Home Park which is the Cambridge Income Fund Organization . CITY OF WYLIB] 2000 HWY.78 N.-P.O.BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 John Akin Mayor January 10 , 1991 Cambridge Income Fund Don Hughes South Tower 800 Mayor Pro-Tem 8585 Stemmons Frwy. Dallas , Texas 75248 William Martin Dear Sir, City Council On January 8 , 1991 the Wylie City Council authorized me to place two (2) 4" master meters vaulted at the Southfork Mobile Home Park. From now on all water metered to the Southfork Mobile Home Park will be the responsibility of the Rat Stemple owner of record . The City will no longer read and bill all City Council of the individual water meters within the private property. According to the City' s policy the owner of the Mobile Home Park must pay for the master meters and the vault. You will be billed this amount . The City Council also authorized me to sell the 780 meters in the Park if you want to purchase them. If you do not wish to purchase the 780 meters the Steve Wright City will pull the meters. The City will sell you these City Council meters for $20 a meter for a total of $15 ,600 . I have authorized the City' s Public Works Director to order the two (2) master meters according to City specifications and put the meters on line in a vault no later than March 1 , 1991 . Sewer discharge fees will be based on the City' s Mobile Home Percy Simmons Ordinance which is the number of occupants reported to our City Council Utility Department on a monthly basis . The City Council took this action based on an in-depth special study conducted by the City Manager which also included an analysis of the 1985 formal agreement . If you have any questions or concerns please do not hesitate to contact me. Chuck Wible Sincerely, City Council r • tseliwit 444 Bill eshner City Manager Bill Dashner City Manager MEMORANDUM DATE: January 18 , 1991 TO: Mayor and City Council 4/14 FROM: Bill Dashner , City Manager RE: Discuss and Consider a Resolution to United States Environmental Protection Agency Regional Office Inquiring on the Necessity For Further Research and Testing on Certain Areas of the City Where Major Studies and Research Have Already Been Conducted and Inquiries into Funding Sources and Extent Of Testing and Research. See attached Resolution . RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE , WYLIE, TEXAS TO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, DALLAS REGIONAL OFFICE WHEREAS, the City of Wylie, Texas and the United States Environmental Protection Agency have worked together for the past several years in order to scientifically ascertain environmental pollution and contamination on certain private and public property in Wylie , Texas and WHEREAS, the taxpayers of Wylie, Texas on one major scientific study have spent $42 ,000 on a major scientific study to ascertain the extent if any of environmental contamination and pollution on certain public property and WHEREAS, the CRI Steering Committee and Responsible Parties have spent $200 ,000 on a major scientific study to ascertain the extent if any of environmental contamination and pollution on certain private property in the City of Wylie and WHEREAS, the City of Wylie , Texas City Council believes a good faith effort has been pursued in order to fully protect the public' s health and safety. Now Therefore, Be It Resolved By The City Council , City of Wylie, Texas that SECTION I , the City of Wylie , Texas City Council does hereby request that the United States Environmental Protection Agency officially and formally advise the City of Wylie , Texas , if after research that has been done, if in their judgment and analysis of referenced research more in-depth investigations are warranted and justified and based on the body of knowledge already accumulated and SECTION II if in the judgment of the United States Environmental Protection Agency more research and testing is necessary who will be responsible for funding the effort and what will be the projected cost and SECTION III if in the judgment of the United States Environmental Protection Agency further research and testing is necessary what would be the nature of the testing and the estimated time frame for finalizing the investigation . DULY RESOLVED by the City Council of the City of Wylie, Texas on the day of , 199f . APPROVED: John Akin , Mayor ATTEST: Carolyn Jones, City Secretary