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12-11-1990 (City Council) Agenda Packet L'w Led: .5:UU 1'P1 Friday, Dec. 7, 1990 REGULAR MEETING CITY COUNCIL - CITY OF WYLIE TUESDAY, DECEMBER 11, 1990 7:00 PM WYLIE MUNICIPAL COMPLEX 2000 SH 78 N CALL TO ORDER INVOCATION: DAVID BLAKEY PLEDGE OF ALLEGIANCE TO THE FLAG ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1-8 Consider Approval of Minutes for Meeting held on November 13, 1990. 2 9 Discuss and Consider Acceptance of Hooper Business Park Final Plat. PUBLIC HEARINGS AND PUBLIC READING OF ORDINANCES 3 10-16 Discuss and Consider Adoption of Two (2) Companion Ordinances: Ordinance 1 is a Repealer Ordinance on Regulations of Food Service Establishments; Ordinance 2, is a new Ordinance Dealing with Retail Food Store Establishments Calling for Regular Inspections in Compliance with Texas Dept. of Health Food Service Health Code Standards and User Fees for Administrative Costs. NEW BUSINESS 4 17 Discuss and Consider Appointment of Ambulance Advisory Committee. 5 18-22 Discuss and Consider 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. 6 23-35 Discuss and Consider Worker' s Compen- sation Bids. 7 36-37 Discuss and Consider Formal Proposal and Presentation from BFI on City of Wylie Municipal Recycling Program. 8 38-49 Discuss and Consider Amendments to the City Charter in Time for May 4, 1991 City Election. 9 50-72 Discuss and Consider 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. 10 73-75 Discuss and Consider Claim from Shipley and Inhofe for Legal Services, CRI Project and Consider $141,299 paid to date on Environmental Issue. UNFINISHED BUSINESS 11 76-85 Discuss and Consider 1989 Easement Acquisition for Muddy Creek Interceptor Sewer Line. 12 86-89 Discuss and Consider Adjusted Estimate Cost Figures to Reconstruct and Construct Drainage Installation for Phase I and Phase II of Akin Lane. 13 90 Discuss and Consider Appointments to the Wylie Master Plan/Goals Committee. 14 91-94 Discuss and Consider Amendments to Newly Adopted Personnel Regulations Manual. STAFF REPORTS AND UPDATES 15 95-96 Discuss and Consider Blair et al v. Crocker, et al, Cause No. 90-03132 and Report from City Attorney on Status. 16 97-99 Progress Report to Texas Water Commission on Action Plan for Underground Storage Tank Testing in Compliance with Federal and State Laws. 17 100-102 Progress Report to Texas Water Commission on Elimination of Lift Stations and Pump and Haul Locations. 18 103-105 Special Report on Funds Expended During 1989/90 Time Frame for Acquisition of Easement for Two Major Sewer Line Installations. CITIZEN PARTICIPATION 19 In accordance with the Open Meeting Act, the City Council will hear comments of Public Interest, however, any discussion must be limited to placing the item on a future agenda for further consideration. Persons wishing to speak before Council should limit remarks to a maximum of five (5) minutes. EXECUTIVE SESSION 20 Recess Open Meeting 21 Convene Council into Executive Session under the authority of Article 6252-17 V.A.C.S., Section 2, paragraph "g" Personnel Matters. 106-112 Discuss and Consider Convening to Executive Session on Recruitment and Possible Seclection of City of Wylie Legal Counsel and Study Credentials for Possible Selection for Interview. 22 Reconvene Open Meeting 23 Consider any action necessary regarding Executive Session. 24 ADJOURN CITY COUNCIL MEETING MINUTES NOVEMBER 13 , 1990 The City of Wylie City Council met in regular session on Tuesday, November 13 , 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 Chuck Wible, Pat Stemple, Percy Simmons, Steve Wright and William Martin, City Manager Bill Dashner , City Secretary Carolyn Jones, Engineer Paul Beaver and Finance Director James Johnson. Mayor Akin called the meeting to order and Rev. Mona Bailey gave the invocation with the pledge of allegiance following . APPROVAL OF MINUTES: The minutes being submitted for approval are for the Council meetings of September 25th, October 9th, 16th and 23rd, 1990 . Councilman Wright corrected the spelling of Mike Kohl to Mike Cole on the October 9th minutes and also under Citizen Participation Councilman Wright requested a current roster of the Fire Department and a list of the personnel who made the last 10 runs. This request was refused by the City Manager . Councilman Wright also corrected the October 23 , minutes to correct his statement under Report from City Manager to City Council dated October 11 , 1990 as follows : Councilman Wright made a presentation on the City Charter and its relationship to the Open Records Act and Open Meetings Act concerning Council Inquiry. Councilman Wright corrected his statement that he objected to the Executive Session because it was nothing more than an attempt to take this behind closed doors . A motion was made by Councilman Simmons to } approve the minutes with 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 . EMPLOYEE OF THE QUARTER: Mayor Akin presented Mr . Jim Holcomb, Purchasing Agent for the City a Certification of Appreciation naming him Employee of the Quarter ending September 30 , 1990 and a Savings Bond . PRESENTATION OF PROCLAMATIONS : Mayor Akin presented a Proclamation to Mr . Bill Lewis , representative for Birmingham Land Board for 50th Anniversary Honoring Family members of F .T. Birmingham and Hattie A. Birmingham. Mayor Akin also presented a Proclamation to Filicia Fitzpatrick, Betty Lutz and Rev . Mona Bailey, representatives from Wylie Community Christian Care Center for 3rd Annual Christian Care Week - November 15th - 22nd, 1990 . CERTIFICATE OF ACHIEVEMENT: Mr . James Johnson, Finance Director has been presented with the Certificate of Achievement for Excellence in Financial Reporting for the City of Wylie by the Government Finance officers Association of the United States and Canada (GFOA) . The Certification of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management . SOLICITATION FOR COMPETITIVE BIDS FOR ASPHALT OVERLAY WORK: This will be for the on going Street Reconstruction Program and will be for a one year period . The City does not have an overlay machine and all of the work has to be contracted out . A motion was made by Councilman Martin to approve the authorization to seek competitive bids for asphalt overlay work for one year . 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 . APPOINTMENT OF ALTERNATE JUDGE OF THE WYLIE MUNICIPAL COURT: As per council request, an opinion from the City Attorney states that there is no conflict of interest or prohibition of hiring a husband and wife team as Judge and Alternate Judge . Staff recommends appointment of Alternate Judge to John Weninger . A motion was made by Mayor Pro Tem Hughes to appoint John Weninger as Alternate Judge . 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 . APPOINTMENT TO THE CONSTRUCTION TRADE BOARD: At a recent meeting, the Council appointed Mr . Ron Heffner to this board, but Mr . Heffner does not reside within the city limits . The ordinance that established this board states that all members must be residents of the City of Wylie. It is necessary to appoint another member to this board . A motion was made by Councilman Wright to appoint Mr . Glenn Ellis . 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. FINAL INDEPENDENT AUDIT REPORT OF WYLIE VOLUNTEER FIRE bEPARTMENT CONDUCTED BY ADAMI , LINDSEY AND COMPANY, P.C. : City Manager Bill Dashner stated the reason this is not in Executive Session is because it is a complete report . This audit has been handled with upmost professionalism. Mr . John Mars of Adami , Lindsey and Company , stated these funds are public funds and you have a responsibility for accounting for these funds. At no time have the funds been over seen like the funds in the other city departments. There is a lot of expenditures with documentation and a lot without documentation. Mr . Mares said he and James Johnson met with Danny Allen and he was able to find a lot of the receipts to track some of the training expenses. Mr . Allen did put forth a good faith effort for trying to find all the documentation needed . Mr . Mares stated that these funds should be audited annually with the other funds of the City. It was noted that this audit was done to bring records up to date and not point out that something was wrong . A motion was made by Councilman Wright to accept the final Audit Report of the Wylie Fire Department . Seconded by Mayor Pro Tem Hughes. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Wible - abstained , Councilman__.M&rtin - in favor , Councilman Wright - in favor , ,-Ciuncilwo Ste - in favor , and Councilman Simmons - abstaine . This' moti n carried with five (5) in favor and two (2) abstention . FINAL RE COMPLET EEFER STREET PROJECT AND FINAL COSTS: The projected expense of completing Keefer Street was $18 ,000 . and the final cost for this street was $17 ,539 .00 . Cost of materials and overlay was $15,907 .75 and labor was $1 ,631 . 25 . Motion was made by Councilman Martin to approve final report and cost of Keefer Street Project . 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 . 1988 COMMITMENT TO CENTURY BUSINESS PARK FOR TIE-IN TO PHASE II SEWER IMPROVEMENTS PROGRAM IN EXCH_ANGE FOR EASEMENTS AS AN ADDENDUM TO NEWPORT HARBOR BID: City Manager Bill Dashner stated that in 1988 the City made a commitment to owners of Century Business Park , if they would give an easement for the lift station and line, the City would tie them into the sewer system. This will cost the City approximately $10,000 .00 today. The City made a good faith commitment and should comply with this . These easements are for McCreary Rd. in exchange for tieing in Century Business Park. City Manager Bill Dashner recommend to the Council to accept the easements and wait until development comes into play then tie-in Century Business Park. A motion was made by Mayor Pro Tem Hughes to accept the easements and wait until development before tieing in Century Business Park. Seconded by Councilwoman Stemple. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor , Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . AWARDING COMPETITIVE BID FOR PHASE III NEWPORT HARBOR SANITARY SEWER IMPROVEMENTS PLUS BASE BID AND CENTURY BUSINESS PARK CONNECTION, ALTERNATE A AND ALTERNATE B: Staff received seven bids as follows : BASE BASE + BASE + ALTERNATE A ALTERNATE B Atkins Bros . Equip. $197 ,871 . $400 ,593 . $421 ,481. E. L. Dalton & Co. $134 ,812 . $304 ,190 . $327 ,149. Dowager Const . $184 ,369 . $330 ,852 . $345 ,104 . Pacer Contracting $186 ,418 . $374 ,382 . $391 ,004 . Rhode Const . Co. $180 ,306 . $417 ,064 . $434 ,316 . Tri-Con Services $164 ,421 . $385 , 837 . $406,465 . City Manager Bill Dashner stated that this project was to be done with bond monies which has a balance of $294 ,000, the staff recommends to take alternate A low bid in the amount of $304 ,190 less Century Business Park $10 ,000 , plus the right-of-way. Staff recommends to take the difference from the Utility Reserve and Utility Cash Flow account, with the full understanding that this would only serve 88 lots . A motion was made by Councilman Wright to award low bid to E. L. Dalton with the-extra -Funds being expended as outlined by the City Manager. ---Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes- in favor , Councilman Wible - in favor , Councilman Martin - in favor , Councilman Wright - in favor, Councilwoman Stemple - in favor , and Councilman Simmons - in favor. This motion carried with all in favor. REPORT FROM TEXAS DEPARTMENT OF HEALTH, CITY OF WYLIE LANDFILL AND AUTHORIZE PHASE II OF TESTING AND MONITORING:+ City Manager Bill Dashner stated that there needs to be a report in by December 1 , 1990 , and must expand and intensify testing and monitoring action. City manager Bill Dashner stated that the landfill is being treated as a landfill closure not a toxic waste problem. A motion was made by Mayor Pro Tem Hughes to approve the expansion of testing and monitoring . Seconded by Councilman Simmons. The vote was 3 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 . AUTHORIZING CONTRACT WITH JONES AND NEUSE, INC. FOR PHASE II , ENVIRONMENTAL ENGINEERING SERVICES FOR COMPLIANCE WITH STATE OF TEXAS HEALTH DEPARTMENT ON LANDFILL: Staff recommends authorizing contract with Jones and Neuse, Inc. for the additional testing and monitoring required by the State of Texas Health Department . The estimated cost of this contract will be $53 ,400 . A motion was made by Councilman Martin to approve the contract with Jones and Neuse, Inc. for Phase II Environmental Engineering Services . Seconded by Councilman Wible. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Wible - in favor, Councilman Martin - in favor, Councilman Wright - in favor , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . SECOND FORMAL REPORT FROM TEXAS WATER COMMISSION LEGAL COUNSEL ON REQUEST FOR REMISSION OF FINES AND PENALTIES: City Manager Bill Dashner stated that the City did agree to accept the fines, but would work on getting out of the pump and haul business. The City has made a good faith effort to get out of the pump and haul . The Commission ' s staff and lawyers appear to be strongly opposed to this issue ever reaching the Commission as a formal agenda item. A motion was made by Councilman Wright to authorize the City Manager to contact Texas Water Commission to renegotiate fines . 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 . AWARDING COMPETITIVE BID FOR THE PURCHASE OF ONE (1 ) USED GRADALL AND ONE (1) USED MOTOR GRADER: Staff received three bids on the Gradall and four bids on the motor grader as follows : AIS Continental Gradall G440 $32 ,000 . North Tex . Const. Equip. Gradall G440-yr .79 $16 , 500 . North Tex . Const. Equip. Gradall G600-yr .66 $14 , 500 . Martin Equipment Badger 300- yr 79 $26 ,900 . Martin Equipment Badger 444 yr . 87 $96 , 500 . Martin Equipment Badger 460 yr . 89 $97 ,900 . North Tex . Const . Equip. Galion 503L yr 74 $12 ,500 . The Council has budgeted $32 ,000 for the purchase of heavy equipment, staff recommends the bids be awarded as follows : North Texas Const . Equip. Gradall $16 ,500 .00 North Texas Const . Equip. Motor Grader $12 ,500 .00 The total bid award would be $29 ,000 .00 . A motion was made by Mayor Pro Tem Hughes to approve the bids to North Texas Construction Equipment for a Gradall in the amount of $16,500 .00 and Motor Grader in the amount of $12 ,500 .00, with a total bid of $29 ,000 .00 . 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 . AWARD BID FOR CITY ' S AMBULANCE SERVICE TO A-1 AMBULANCE SERVICE AND AUTHORIZE THE THE EXECUTION OF A TWO (2) YEAR CONTRACT : Staff recommends A-1 Ambulance Service be awarded the bid in the amount of $128 ,400 . This includes a new ambulance , plus capital improvements to the building, and A- 1 has complied with all stipulations. There were two bids received, A-1 Ambulance in the amount of $128 ,400 and Central Ambulance in the amount of $188 ,000 .00 . A motion was made by Councilman Wright to table until Council can review the bids and specifications. This motion died for lack of second. City Manager Bill Dashner stated the difference of these bids is due to Central Ambulance bidding a higher level of service than the required LAS. A motion- was made by Councilman Wright to award t bid to -A-1 Ambulance Service in the amount of $128 ,400 . econded by Mayor Pro Tem Hughes. The vote was as • ayor 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 . FORMAL RESPONSE FROM STATE DEPARTMENT OF HIGHWAY AND PUBLIC TRANSPORTATION ON ACCESS DRIVEWAY LOCATED 330 FEET AND 580 FEET SOUTHWEST OF FM 544/KIRBY STREET INTERSECTION : Mr . Ed Richie stated that the Highway Department voiced concern over the access for Brookshires and the Hospital and has recommended a joint access . Brookshires and the Hospital are working together to solve this problem and receive their permit . Mr . Richie stated that their building permit was ready and they can pick it up at any time. FORMAL PROPOSAL FOR SECURITY SYSTEM AND FIRE PROTECTION SYSTEM AT THE SMITH PUBLIC LIBRARY : EMNET, Inc . has submitted a proposal in the amount of $990 .00 and has a direct communication link with the Police Department . This system is completely sensored at all strategic locations in the building and also includes smoke detectors . Staff recommends approval . A motion was made by Councilman Wible to accept the proposal of $990 .00 from EMNET, Inc. for security and fire protection system at the Smith Library. Seconded by Councilman Wright. 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, Councilman Simmons - in favor . This motion carried with all in favor . AUTHORIZATION FOR LETTER TO COLLIN COUNTY COMMISSIONERS COURT FOR ASSISTANCE ON THE RECONSTRUCTION AND DRAINAGE IMPROVEMENTS TO KREYMER LANE AS A PART OF COLLIN COUNTY URBAN ARTERIAL ROAD SYSTEM: City Manager Bill Dashner stated that he had a meeting with the Commissioners and they have stated this might be put in their budget . They have requested a letter be sent to them regarding the drainage improvements and reconstruction of Kreymer Lane. A motion was made by Councilman Martin to authorize the City Manager to write a letter to Commissioners Court requesting assistance on the reconstruction and drainage improvements to Kreymer Lane. 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. FEDERAL GOVERNMENT APPROVAL FOR FUNDING OF NATIONAL GUARD ARMORY AND CONTRACT FOR ARCHITECTURAL SERVICES IN ORDER TO START ENGINEERING DESIGN WORK ON THE NEW NATIONAL GUARD `./ ARMORY FACILITY : City Manager Bill Dashner stated that the National Guard Armory has requested a January ground breaking . The City has made a commitment of $160,000 , but Economic Development monies can be used on part of this . This will create approximately 28 jobs when completed and will have a 40 ,000 square foot facility. CONSIDER NORTH TEXAS MUNICIPAL WATER DISTRICT PROPOSAL TO THE CITY OF MURPHY TO USE THE CITY OF WYLIE WASTEWATER TREATMENT FACILITIES : City Manager Bill Dashner stated that Mr . Carl Riehn is setting up a meeting between Wylie and Murphy. This is the first step toward an agreement , I will keep council informed . APPROVAL OF MULTI-JURISDICTIONAL INDUSTRIAL PRE-TREATMENT AGREEMENT WITH NORTH TEXAS MUNICIPAL WATER DISTRICT AND APPROVE PRE-TREATMENT BUDGET AGREEMENT: City Manager Bill Dashner stated that there are two agreements, the first being an agreement between North Texas Municipal Water District and the City for industrial pre-treatment testing and monitoring which will go into effect January 1 , 1991 . The second agreement is for the cost of these services, which will be $16 ,215 annually. A motion was made by Councilman Simmons to approve both agreements with North Texas Municipal Water District relating to Pre-Treatment program. Seconded by Councilman Wright. 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 AUTHORIZATION FOR EXPENDITURES TO CONSTRUCT DECHLORINATION FACILITIES AT WASTEWATER TREATMENT PLANT IN CONJUNCTION WITH NORTH TEXAS MUNICIPAL WATER DISTRICT: City Manager Bill Dashner stated in order to comply with US EPA regulations the City and North Texas Municipal Water District needs to start construction work on the dechlorination facility. The work to be done is estimated at $72 ,000 . NTMWD will solicit competitive bids and oversee the work. The estimated construction completion date is June 1, 1991 . This will be funded out of sewer bond funds if they are available, if not it will have to be funded out of the utility revenue budget. It may be possible to use excess of bond money from landfill by passing a resolution. A motion was made by Councilman Simmons to approve the authorization to construct dechlorination facilities at wastewater treatment plant. 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 . APPOINTMENT OF CITY OF WYLIE MASTER PLAN COMMITTEE: City Manager Bill Dashner stated that it was discussed at a work session that each Council Member would appoint five (5) members to this Master Plan Committee for a total of 35 citizens . Mayor Akin suggested this be tabled until the next work session. A motion was made by Councilman Simmons to table until next work session . 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 . PAYMENT TO PATE & PATE FOR MUDDY CREEK SEWER SYSTEM CONSTRUCTION: This payment is in the amount of $36 , 932 .53 , it has been reviewed by staff and is recommended for approval . A motion was made by Councilman Simmons to approve payment in the amount of $36, 932 .53 to Pate & Pate. 6 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 . CITIZEN PARTICIPATION: Mayor Akin invited those wishing to address the Council to come forward and state their name and address for the record, to keep their comments to within five minutes. In accordance with the Open meeting Act, the City Council will hear comments of public iinterest, but any discussion shall be limited to placing the item on a future agenda for further consideration . Stevens Ahrens, 409 Gaston Dr . North addressed the Council concerning the Fire Department and the protection the City has and also high weeds. Mayor Akin recessed the open meetingLand called for a vote to convene into Executive Session . A motion was made by Mayor Pro Tem Hughes o nvene Co ncil into Executive Session and seconded with the v follows : Mayor Akin - in favor, Mayor Pro Tem Hughes - in favor, Councilman Wible - against , Councilman Martin - in favor , Councilman Wright - against , Councilwoman Stemple - in favor, and Councilman Simmons - in favor . This motion carried with five (5) in favor, and two (2 ) against . Councilman Wright requested that the discussion of Article 3 , Section 8 , be held in open session, as it is his right to request this under the Open Meetings Act Section 2 .23 and that council did not indicate that they would honor that request as stipulated . Mayor Akin convened Council into Executive Session at 10: 00 P.M. under the authority of Article 6252-17 V.A.C .S. , Section 2 paragraph "g" Personnel - report from City Manager to City Council dated October 11 , 1990 , Article 3 , Section 8, Part C of the Wylie City Charter (The City Council Prohibitions) and Employment Recruitment for legal counsel to the City of Wylie. Mayor Akin reconvened the Council into open session at 11: 50 P.M. and called for a motion on the following being upheld from the Charter: "Article IV, Section 7 A. neither the city council no any of its members shall request or direct the appointment of any person to, or his removal from office or employment , by the city manager or any of his subordinates; provided that the appointment or removal from office of department heads shall be subject to approval of the city council . Except for the purposes of inquiry, the city council and its members shall deal with the city' s administrative service solely through the city manager. And , neither the city council nor its members shall give orders to any subordinates of the city manager, either publicly or privately, except as may be provided in this charter . Councilman Wright submitted a letter of protest to the executive session as there was a typo on the face of the agenda , this letter will be attached to official minutes. A motion was made by Mayor Pro Tem Hughes that the council will agree to up hold the above portion of the Charter read by Mayor Akin . 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 - no vote, Councilwoman Stemple - in favor , Councilman Simmons - in favor . This motion carried with six (6 ) in favor, and one (1) no vote. 7 MEMORANDUM DATE: December 5, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager RE: Discuss and Consider Worker ' s Compensation Bids In this year' s budget discussion the City Council authorized seeking some type of self-insurance program. Premiums for FY 90/91 will amount to $109,000 . The City received two (2 ) bids on types of self-insurance programs . The bids were as follows : Texas Municipal League Risk Pool $99 ,718 per year with the coverage we currently have. The other bid was from Arthur J . Gallagher with a three (3) 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 the bids received and evaluations we do not believe, considering the deductible and the limited coverage of self-insurance, that the City should change at this time. Accordingly until the City grows with more employees it is not practical . Attachment : Special Evaluation of Bid Reports From RWL & Associates • • c) There being no other items of business , a motion was made and seconded with all in favor to adjourn. John W. Akin, Mayor ATTEST: Carolyn Jones , City Secretary er ser ©F / -cr-e5"r" ,eecurive Si'ss;FF. /4/d o��1 /3eVe✓r.5r 'r1 r-e i S /Al- rKn Ay cf�ST ro itt'i,-r 17,4tr,Gc'r .Zg" t Ci7-y COQ', / C4-3ehala h(a, J Aletie,ri_g_t_./3,/9,0. 74 lettJt C,' / Arr;c4 izsz- St c r-;cK Z 2 r` ,-E ,l, e " J co �P .3 f �`'�,�" /�ems°r-'7- 1 /-*),4-7 Ci 1-7 /Ya rraye fr._. t� (.4't7 Couh,c,'/ c/ar-e ocra‘e,- // /fo. Arr;c4 3 $CC'r/, r 5 Jrr C rl-re 11-)7 - C City C arr2r ( / C 't fro Q tf e ! T reCruif-/*ierrr 7FOr �egai ceahse /rc Tie Pic. al/y/e, VX4,r 71e c'�t/' Ceichci! Weerr inr'D n x ec ur;iel St-35,W r ¢or i`S „oT ze,14. 7 kicZS 5rQ re� c,4 yhe ajen Gl4 �rGr 2ffrrvrt. bra h h Op,-1CJa eykeyr- thcftr 1-4 en rrteer�h•I �cT 5ecr:o,s 2.23 rep afr r a h d e 4s i-c"if ?tlto/ 7'!Y e c:/- -- / Tloc:.T i f- W�k �c�rcr 7'7-ra'f rPCtctt'y T 425 3 MEMORANDUM DATE: December 5 , 1990 TO: Mayor and City Council 16:1116‘)? FROM: Bill Dashner , City Manager RE: Discuss and Consider Acceptance of Hooper Business Park Final Plat All appropriate fees including $49 ,365 .44 for perimeter streets, $13,272 .90 pro-rata tees and $600 for street signs have been paid and a 10% maintenance bond of $33 ,960 posted (under old ordinance since filing occurred prior to adoption of new ordinance) . Final inspections have been conducted by the City of Wylie inspector and the As-Built Drawings have been provided by the Consulting Engineer . t J MEMORANDUM DATE: November 26 , 1990 TO: Mayor and City Council .4/444(L„„. FROM: Bill Dashner, City Manage RE: Discuss and Consider A option of Two (2) Companion Ordinances, Ordinance Number 1 is A Repealer Ordinance on Regulations of Food Service Establishments , Ordinance Number 2 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 Cost . The City of Wylie currently utilizes an ordinance based on the 1962 Edition of the "United States Public Health Service Food Service Sanitation Ordinance and Code" . The City is behind in this area , since the City has approximately 40 establishments where regular inspections are needed to protect the public health. According to City records very few if any inspections have been conducted in the past . Based on a current need the following recommendation is made: Staff is recommending the adoption of the attached two ordinances providing for the permitting and inspection of food sales and food establishments . These ordinances include the adoption of the most recent standards of the Texas Department of Health. The ordinance includes an annual fee of one hundred fifty ($150 .00) dollars which will provide quarterly inspections . The city presently has almost forty (40) establishments which will be affected by this ordinance. Attachment: Two (2) Ordinances ORDINANCE AN ORDINANCE DEFINING FOOD , POTENTIALLY HAZARDOUS FOOD , FOOD SERVICE ESTABLISHMENT , TEMPORARY FOOD SERVICE ESTABLISHMENT , REGULATORY AUTHORITY , UTENSILS , EQUIPMENT , ETC . ; PROVIDING FOR THE SALE OF ONLY SOUND , PROPERLY LABELED FOOD; REGULATING THE SOURCE OF FOOD ; ESTABLISHING SANITATION STANDARDS FOR FOOD , FOOD PROTECTION , FOOD SERVICE OPERATIONS , FOOD SERVICE PERSONNEL , FOOD STORAGE , FOOD PREPARATION , FOOD DISPLAY , FOOD TRANSPORTATION , FOOD EQUIPMENT AND UTENSILS , SANITARY FACILITIES AND CONTROLS , AND OTHER FACILITIES; ESTABLISHING STANDARDS FOR CLEANING AND SANITIZATION OF EQUIPMENT AND UTENSILS; REQUIRING PERMITS FOR THE OPERATION OF FOOD SERVICE ESTABLISHMENTS; REGULATING THE INSPECTION OF SUCH ESTABLISHMENTS; PROVIDING FOR THE EXAMINATION AND CONDEMNATION OF FOOD; PROVIDING FOR INCORPORATION BY REFERENCE OF THE TEXAS DEPARTMENT OF HEALTH , DIVISION OF FOOD AND DRUGS "RULES ON FOOD SERVICE SANITATION 229 .161-229 . 171 " AND PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE , AND THE FIXING OF PENALTIES; REPEALING ORDINANCE 85-95 OF THE CITY OF WYLIE ; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE . THEREFORE , Be it ordained by the City of Wylie , Texas : SECTION 1 . The definitions; the inspection of food service establishments; the issuance , suspension and revocation of permits to operate food service establishments ; the prohibiting of the sale of unsound or mislabeled food or drink ; and the enforcement of this ordinance shall be regulated in accordance with the Texas Department of Health , Division of Food and Drugs "Rules on Food Service Sanitation 229 . 161-229 . 171 " , three certified copies of which shall be on file in the office of the municipal clerk : Provided , that the words "municipality of Wylie" in said ordinance shall be understood to refer to the City of Wylie and the words "regulatory authority" shall be understood to refer to the Health Officer of the City of Wylie . Texas , and shall be construed to include any of his assistants , deputies , inspectors , sanitarians or any other official representative of the members of the City of Wylie Health Office staff . SECTION 2 , Violation of the Rules on Food Service Sanitation are subject to the penalties and remedies listed in the Compliance Procedures ( Attachment. A ) . ATTACHMENT A COMPLIANCE PROCEDURES ( a ) Permits , Licenses , or Certificates ( 1 ) General . No person shall operate a food service establishment who does not have a valid permit , license , or certificate issued to him by the regulatory authority . Only a person who complies with the requirements of these rules shall be entitled to receive or retain such a permit , license , or certificate . Permits , licenses , or certificates are not transferable . A valid permit , license , or certificate shall be posted in every food service establishment . ( 2 ) Issuance of Permit , License . or Certificate . ( A ) Any person desiring to operate a food service establishment shall make written application for a permit , license , or certificate , on forms provided by the regulatory authority . Such application shall include the name and address of each applicant , the location and type of the proposed food service establishment , and the signature of each applicant . ( B ) Prior to approval of an application for a permit , license , or certificate the regulatory authority shall inspect the proposed food service establishment to determine compliance with the requirements of these rules . ( C ) The regulatory authority shall issue a permit , license , or certificate to the applicant if its inspection reveals that the proposed food service establishment complies with the requirements of these rules . ( 2 .5 ) Permit fee . A permit fee of $150 .00 shall accompany each application . The permit shall be valid for one year , expiring the thirty-first day of December . Upon the expiration of any such permit and within seven ( 7 ) days thereafter , a person conducting or operating such business or vehicle shall apply for and secure renewal thereof in the same manner hereinabove provided for . ( 3 ) Suspension of Permit , License or Certificate . ( A ) The regulatory authority may , without warning , notice , or hearing suspend any permit , license , or certificate to operate a food service establishment if the holder of the permit , license , or certificate does not comply with the requirements of these rules , or if the operation of the establishment does not comply with the requirements of these rules , or if the operation of the food service establishment otherwise constitutes a substantial hazard to public health . Suspension is effective upon service of the notice required by Paragraph ( 3 )( B ) of Subsection ( a ) of this rule . When a permit , license , or certificate is suspended , food service operations shall immediately cease . Whenever a permit , license , or certificate is suspended , the holder of the permit , license , or certificate shall be afforded an opportunity for a hearing within 20 days of receipt of a request for a hearing . ( B ) Whenever a permit . license , or certificate is suspended , the holder of the permit , license , or certificate , or the person in charge shall be notified in writing that the permit . license , or certificate is , upon service of the notice , immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the holder of the permit , license , or certificate within / ten days . If no written request for hearing is filed within ten days , the suspension is sustained . The regulatory authority may end the suspension at any time if reasons for suspension no longer exist . ( 4 ) Revocation of Permit , License , or Certificate . The regulatory authority may , after providing opportunity for a hearing , revoke a permit , license , or certificate for serious or repeated violations of any of the requirements of these rules or for interference with ' the regulatory authority in the performance of its duties . Prior to revocation , the regulatory authority shall notify the holder of the permit , license , or certificate , or the person in charge , in writing of the reason for which the permit , license , or certificate is subject to revocation and that the permit , license , or certificate shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit , license , or certificate within such ten day period . If no request for hearing is filed within the ten day period , the revocation of the permit , license , or certificate becomes final . ( 5 ) Service of Notices . A notice provided for in these rules is properly served when it is delivered to the holder of the permit , license , or certificate , or the person in charge , or when it is sent by registered or . certified mail . return receipt requested , to the last known address of the holder of the permit , license , or certificate . A copy of the notice shall be filed in the records of the regulatory authority . ( 6 ) Hearings . The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it . Based upon the recorded evidence of such hearings , the regulatory authority shall make a final finding , and shall sustain , modify or rescind any notice or order considered in the hearing . A written report of the hearing decision shall be furnished to the holder of the permit , license , or certificate by the regulatory authority . ( 7 ) Application after Revocation . Whenever a revocation of a permit , license , or certificate has become final , the holder of the revoked permit , license , or certificate may make written application for a new permit , license , or certificate . ( b ) Inspections ( 1 ) Inspection Frequency . An inspection of a food service establishment shall be performed at least once every six months . Additional inspections of the food service establishment shall be performed as often as are necessary for the enforcement of these rules . ( 2 ) Access . Agents of the regulatory authority , after proper identification , shall be permitted to enter any food service establishment at any reasonable time , for the purpose of making inspections to determine compliance with these rules . The agents shall be permitted to examine the records of the establishments to obtain information pertaining to food and supplies purchased , received , or used , or to persons employed . ( 3 ) Report of Inspections . Whenever an inspection of a food service establishment or commissary is made , the findings shall be recorded on the inspection report form set out in Paragraph ( 5 ) of Subsection ( b ) of this rule . The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement . Inspectional remarks shall be written to reference , by section number , the section violated shall l state the correction to be made . The rating score of the establishment shall be the total of the weighted point values for all violations , subtracted from 100 . A copy of the inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection . The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law . ( 4 ) Correction of Violations . ( A ) The inspection report form shall specify a reasonable period of time for the correction of the violations found , and correction of the violations shall be accomplished within the period specified , in accordance with the following provisions: ( i ) If an imminent health hazard exists , such as complete lack of refrigeration or sewage backup into the establishment , the establishment shall immediately cease food service operations . Operations ,•hall not be resumed until authorized by the regulatory authority . ( ii ) All violations of 4-• or 5-point weighted items shall be corrected as soon as possible , but in any event , within 10 days following inspection . Within 15 days after the inspection , the holder of the• permit , license , or certificate shall submit a written report to the regulatory authority stating that the 4•- or 5--point violations have been corrected . A follow--up inspection shall be conducted to confirm correction . ( iii ) All 1•- or 2-point weighted items shall be corrected as soon as possible , but in any event , by the time of the next routine inspection . ( iv ) When rating score of an establishment is less than 60 , the establishment shall initiate corrective action on all identified violations within 48 hours . One or more reinspections will be conducted at reasonable time intervals to assure correction . ( v ) In the case of temporary food service establishments , all violations shall be corrected within 24 hours . If violations are not corrected within 24 hours , the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority . ( B ) The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations . An opportunity for appeal from the inspection findings and time limitations will be provided if a written request for a hearing is filed with the regulatory authority within ten days following cessation of operations . If a request for a hearing is received , a hearing shall be held within 20 days of receipt of that request . ( C ) Whenever a food service establishment is required under the provisions of this rule to cease operations , it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exists . Opportunity for reinspection shall be offered within a reasonable time . ( 5 ) Inspection Report Form . An inspection report form based on the requirements of these rules is appended . ( c ) Examination and Condemnation of Food . /c ( 1 ) General . Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of these rules . The regulatory authority may , upon written notice to the owner or person in charge specifying with particularity the reasons therefor , place a hold order in any food which it believes is in violation of Subsection ( a ) of rule .003 . or any other provision of these rules . The regulatory authority shall tag , label , or otherwise identify any food subject to the hold order . No food subject to a hold order shall be used , served , or moved from the establishment . The regulatory authority shall permit storage of the food under conditions specified in the hold order , unless storage is not possible without risk to the public health , in which case immediate destruction shall be ordered and accomplished . The hold order shall state that a request for hearing may be filed within ten clays and if no hearing is requested the food shall be destroyed . A hearing shall be held if so requested , and on the basis of evidence produced at that hearing , the hold order may be vacated , or the owner or the person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of these rules . ( d ) Review of Plans ( 1 ) Submission of Plans . Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment , properly prepared plans and specifications for such construction , remodeling , or conversion shall be submitted to Lhe regulatory authority for review and approval before construction , remodeling , or conversion is begun . The plans and specifications shall indicate the proposed layout , arrangement , mechanical plans , and construction materials of work areas , and the type and model of proposed fixed equipment and facilities . The regulatory authority shall approve the plans and specifications if they meet the requirements of these rules . No food service establishment shall be constructed , extensively remodeled , or converted except in accordance with plans and specifications approved by the regulatory authority . ( 2 ) Pre-operational Inspection . Whenever plans and specifications are required by Paragraph ( 1 ) of Subsection ( d ) of this rule to be submitted to the regulatory authority , the regulatory authority shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of these rules . ( e ) Procedure When Infection is Suspected . When the regulatory authority has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee , it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action . The regulatory authority may require any or all of the following measures : ( 1 ) The immediate exclusion of the employee from all food service establishments ; ( 2 ) The immediate closing of the food service establishment concerned until , in the opinion of the regulatory authority , no further danger of disease outbreak exists; ( 3 ) Restriction of the employee 's services to some area of the establishment where there would be no danger of transmitting disease; • ( 4 ) Adequate medical and laboratory examination of the employee , of other employees and of 'his or their body discharges . ( f ) Remedies ( 1 ) Penalties . Any person who violates a provision of these rules and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the requirements of these rules and any responsible officer of that permit holder or those persons shall be deemed guilty of a misdemeanor and upon conviction thereof , shall be fined a sum not exceeding one thousand dollars ( $1 ,000 .00 ) for each violation . Each day upon which such a violation occurs or continues shall constitute a separate offense punishable under this ordinance . ( 2 ) Injunctions . The regulatory authority may seek to enjoin violations of these rules . ( g ) Severability Clause . Should any section , paragraph , sentence , clause , or phrase of these rules be declared unconstitutional or invalid for any reason , the remainder of said rules shall not be affected thereby . ( h ) Effective Date . This ordinance shall become effective from and after its passage and publication as required by law . Duly passed and approved this , the day of , 1990 . • MEMORANDUM DATE: December 6, 1990 TO: Mayor and City Council II. FROM: Bill Dashner , City Manager RE: Discuss and Consider Appointment of Ambulance Advisory Committee In the contract with A-1 Ambulance Service , the contract stipulates that the City Council will appoint an ambulance advisory committee . The function of this committee will be to advise and recommend policy level recommendations on the operation of the ambulance service. /7 MEMORANDUM DATE: December 5, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager 4/) RE: Discuss and Consider 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 Challenge Ministries, Inc. , project title, pursuant to the Health Facility Development Act , State of Texas statutes thru the Bell County Health Facilities Development Corporation will issue tax exempt revenue bonds to improve Hillcrest Nursing Home located in Wylie, Texas . 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 . The City of Wylie City Council must consent to this proposal . 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 th 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 . Attachment: Resolution LAW OFFICES McCALL, PARKHURST & HORTON 2850 ONE AMERICAN CENTER 717 NORTH HARWOOD 402 ONE RIVERWALK PLACE AUSTIN,TEXAS 78701.3234 NINTH FLOOR SAN ANTONIO,TEXAS 78205-3503 TELEPHONE. 512 478-3805 DALLAS,TEXAS 75 201-6 5 87 TELEPHONE: 512 225-2800 TELECOPY: 512 472-0871 TELEPHONE: 214 220-2800 TELECOPY: 512 225-2984 TELECOPY: 214 953-0736 December 4 , 1990 FEDERAL EXPRESS Mr. John Akin Mr. Bill Dashner Mayor City Manager City of Wylie City of Wylie 2000 Hwy. 78 North 2000 Hwy. 78 North Wylie, Texas 75098 Wylie, Texas 75098 Re: Bell County Health Facilities Development Corporation Revenue Bonds, Series 1991A and Series 1991B (Challenge Ministries, Inc. Project) Dear Mr. Akin and Mr. Dashner: The Bell County Health Facilities Development Corporation (the "Issuer") proposes, on behalf of Bell County, Texas, to issue its Revenue Bonds, Series 1991A and Series 1991B (the "Bonds") (Challenge Ministries, Inc. Project) , pursuant to the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act") , to provide funds to Challenge Ministries, Inc. (the "User") to finance certain specified improvements to the User's existing health facilities in three counties in the Bell County, Texas area. The User is a nonprofit Texas corporation exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code of 1986. Our firm is acting as bond counsel to the Issuer in connection with the issuance of the Bonds. The use of a single issuer will enable the User to achieve significant cost savings with respect to the cost of issuance of the Bonds. Section 221. 030 of the Act requires that for any health facilities to be financed with Bond proceeds which are located outside Bell County, Texas, the Issuer must obtain the consent to such financing of each city, county or hospital district within such health facilities are located. /�, The User has requested the Issuer to finance certain health facilities described in Exhibit A in the enclosed materials (the "Project") which are located within the jurisdiction of the City of Wylie; therefore, pursuant to Section 221. 030 of the Act, the consent of the City of Wylie is required prior to the financing of the Project with Bond proceeds. For your convenience, I have enclosed a proposed form of such consent. This consent is required solely for the purposes of satisfying Section 221. 030 of the Act and to enable the Issuer to proceed with the proposed financing of the Project with Bond proceeds; such consent in no way imposes any payment or other obligations on the City of Wylie in connection with the financing. Therefore, on behalf of the Issuer and the User we respect- fully request that consideration of adoption of the enclosed consent be placed on the agenda of the City Council at its next available meeting, and that the City Council approve and adopt such consent. Upon such approval, I would also very much appreciate it if you would return three completed, originally executed and sealed consents to me in the self-addressed, stamped envelope enclosed for your convenience. If you have any questions please do not hesitate to contact Ted Brizzolara of our Dallas office. Thank you very much for your cooperation and assistance. Sincerely, McCall, Parkhurst & Horton leg L. E. (Ted) Brizzolara, III LEB:bc Enclosures 2 RESOLUTION APPROVING THE FINANCING BY THE BELL COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION OF A HEALTH FACILITY LOCATED WITHIN THE CITY OF WYLIE, TEXAS WHEREAS, the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code (the "Act") , authorizes and empowers Bell County Texas Health Facilities Development Corporation (the "Issuer") to issue revenue bonds on behalf of Bell County, Texas (the "Issuing Unit") , to finance the costs of health facilities found by the Board of Directors of the Issuer to be required, necessary or convenient for health care, research and education, any one or more, within the State of Texas and in furtherance of the public purposes of the Act; and WHEREAS, Section 221.030 of the Act provides that the Issuer may provide for the financing of one or more health facilities located outside the limits of the Issuing Unit with the consent of every other city, county or hospital district within which such health facility is or is to be located; and WHEREAS, Challenge Ministries, Inc. (the "User") proposes to obtain financing from the Issuer from a portion of the proceeds of the Issuer's bonds issued pursuant to the Act for the costs of the health facility described in Exhibit A hereto (the "Project") ; and WHEREAS, the Project is or is to be located within the City of Wylie (the "City") and outside the limits of the Issuing Unit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WYLIE, TEXAS THAT: Section 1. 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. Section 2. This Resolution shall take effect immediately from and after its adoption and it is accordingly so ordered. PASSED AND APPROVED, this the day of 1990. Mayor EXHIBIT A DESCRIPTION OF THE PROJECT The Project consists of various improvements to the Hillcrest Manor Nursing Home facility owned and operated by Challenge Ministries, Inc. which is located at 300 East Brown in Wylie, Texas. MEMORANDUM DATE: December 5 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager RE: Discuss and Consider Worker ' s Compensation Bids In this year' s budget discussion the City Council authorized seeking some type of self-insurance program. Premiums for FY 90/91 will amount to $109 , 000 . The City received two (2) bids on types of self-insurance programs . The bids were as follows : Texas Municipal League Risk Pool $99 ,718 per year with the coverage we currently have. The other bid was from Arthur J . Gallagher with a three (3) 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 the bids received and evaluations we do not believe, considering the deductible and the limited coverage of self-insurance, that the City should change at this time. Accordingly until the City grows with more employees it is not practical . Attachment : Special Evaluation of Bid Reports From RWL & Associates :)) -r---_—(r----7c_RM YLI M �. ; Associates DEC 1990 1 =rt Risk Managewent, Insurance, and Ewployee Benefits Consultants 101�lest Renner Road, Suite 240, Richardson, Texas 75082-2003 Phone: 214-907-9095 FAX: 214-907-9198 December 4, 1990 Mr. James Johnson Budget Director City of Wylie P. 0. Box 428 Wylie, Texas 75098 RE: Workers Compensation Bids Dear Jim: We have received three proposals from the Texas Municipal League and one proposal from Arthur J. Gallagher & Co. for your Workers Compensation program. The TML has offered a guaranteed cost proposal as well as alternate self- insured retention proposals at optional per-accident deductibles of $25,000 and $50,000. The proposals from the TML are for a one-year program. They provide statutory Excess and Aggregate Stop-Loss protection. The proposal from Arthur J. Gallagher is a three-year cumulative program based on a self-insured retention of $200,000 per accident and $5,000,000 of specific Excess insurance and $1,000,000 of annual aggregate Stop-Loss insurance. Exhibit I (enclosed) summarizes the quotations for the proposals submitted. This exhibit outlines our estimated annual and three-year costs for each of the proposals. It also outlines coverage features for each of the proposed programs. Exhibit II shows our projected losses for a $200,000 self-insured retention. Exhibit III shows our projected losses for a $50,000 self-insured retention. Exhibit IV is our projection of losses for a $25,000 self-insured retention. Each of these exhibits contains appropriate modification to actual losses based on adjustment for benefit levels (social inflation) , loss development (incurred-but-not-reported factors and changes in reserve levels) , and inflation factors for changes in payroll. Exhibits V, VI, and VII show what the results would have been for years 1987, 1988, and 1989 had you been a self-insurer with Arthur J. Gallagher or the TML, based on the following criteria: Mr. James Johnson December 4, 1990 Page Two of Two RE: Wbrkers Compensation Bids 1. Actual losses incurred for each of those years 2. Developed losses for each of those years The actual and developed losses indicated in Exhibits V, VI, and VII have been extracted from Exhibits II, III, and IV. Based on the enclosed exhibits, we have carefully evaluated self-insured retention options for costs, risk, and coverage criteria. It is clear from these exhibits that self-insurance would riot be a viable option at this time. We strongly urge the City of Wylie to continue with a guaranteed-cost program. It is, however, our recommendation that you place serious emphasis on reinforcing your safety policy, procedures, and programs with a view toward mitigating the frequency and severity of loss over the following years. We believe self-insurance could potentially be a viable option if the City is formally committed to a loss control program which, is firmly entrenched and firmly supported by the administration and City Council. We recommend that priority attention be given to this recommendation with a view toward re- evaluating the self-insurance option next year, or later, depending on your actual situation. We are prepared to discuss this report in detail with the administration and council at your convenience. Please call me in you have any questions in the meantime. Thank you for the opportunity to be of service to the City of Wylie. Very truly yours, WicfLAJ . Robert W. Lazarus, A.R.M. Senior Consultant RWL:jt c-" CITY OF WYLIE Exhibit I WORKERS COMPENSATION BIDS (Estimated Costs) A76 * THL Tit Tit Administrative Fee t 3,043 - - - Claims Adjustment 6,700 $ 8,815 $ 9,067 - Claims 72,933 54,508 67,137 - Excess Insurance 26,135 62,503 41,862 - Primary Insurance - - - $ 99,718 Aggregate Included Included Included - Total $108,811 8125,826 $118,066 $ 99,718 Retention $ 200,000 $ 25,000 $ 50,000 0 Stop Loss Attachment Point $ 582,938 $100,000 $175,000 - Aggregate Limit $1,000,000 $500,000 $500,000 - Specific Excess Limit $5,000,000 Statutory Statutory - Stop Loss Agg Limit $1,000,000 Not Limited Not Limited - 3 Year Program Estimated Maximum Cost $ 690,572 $225,826 t293,066 t 99,718 of Program (3 Years) (1 Year) (1 Year) (1 Year) $299,154 (3 Years) The three year estimate assumes no changes in rates, payrolls, losses, etc. wylie90 Exhibit II WORKERS COMPENSATION Wylie LOSS PROJECTION $200,000 SIR Nov. 20,1990 INFLATED 1 OF INCURRED BENEFIT DEVEL. DEVEL. INFLATION DEVEL. POLICY YEAR LOSSES LOSSES ADJUST. FACTOR LOSSES FACTOR LOSSES $ PAYROLL 1989 15 £32,044 1 1.313 $43,124 1.090 $47,005 $0 1988 25 $75,787 0.9766 1.008 $80,477 1.108 £95,593 $0 1987 25 $40,704 0.984 1.03 $41,335 1.295 $53,531 $0 1986 56 $98,864 0.993 1.021 $100,234 1.412 $141,488 $0 1985 42 $17,048 1.012 1.019 $17,580 1.539 $27,050 £0 TOTAL 163 $265,327 $282,751 $364,666 $0 INFLATION = aX CURRENT EXPOSURE $0 $ PER LOSS (NOMINAL) $1,628 LOSS RATE 0.000 (TRENDED) £1,735 (+INFLATION) $2,237 LOSS PROJECTION $72,933 (RATExCURRENT EXP. LOSS PER $ PAYROLL OR LOSSES/YEARS) (NOMINAL) ERR (TRENDED) ERR INFLATED PROJ. $79,497 (+INFLATION) ERR ' STANDARD DEVIATION $0 STATISTICAL STANDARD DEVIATION $45,736 Exhibit III WORKERS COMPENSATION ,ylie LOSS PROJECTION ;v. 20,1990 $50,000 SIR INFLATED # OF INCURRED BENEFIT DEVEL. DEVEL. INFLATION DEVEL. POLICY YEAR LOSSES LOSSES ADJUST. FACTOR LOSSES FACTOR LOSSES $ PAYROLL 1939 15 $32,844 1 1.313 $43,124 1.090 $47,005 $0 1338 25 $75,787 0.976 1.088 $80,477 1.188 $95,593 $0 1337 25 $40,784 0.984 1.03 $41,335 1.295 $53,531 $0 :36 56 $78,615 0.993 1.021 $79,704 1.412 $112,509 $0 1985 42 $17,048 1.012 1.019 $17,580 1.539 $27,050 $0 TOTAL 163 S245,078 $262,221 $335,687 $0 TION 9$ =;PENT EXPOSURE $0 3 PER LOSS (NOMINAL) $1,504 RATE 0.000 (WENDED) $1,609 (+INFLATION) $2,059 _:SS PROJECTION $67,137 ;ATExCU'RRENT EXP. LOSS PER $ PAYROLL :9 LOSSES/YEARS) (NOMINAL) ERR (TRENDED) ERR :vFLATED PROJ. $73,180 (+INFLATION) ERR -:;NDARD DEVIATION $0 STATISTICAL STANDARD DEVIATION $35,587 CITY OF YYLIE Exhibit V ARTHUR J. GALLAGHER i COMPANY ($200,000 PLAN) ACTUAL LOSSES YEAR LOSSES ADJ. FEES EXCESS FEES COST ACTUAL TML PREMIUM 1989 $32,844 $9,743 $26,135 $ 68,722 $88,382 1988 75,787 9,743 26,135 111,665 73,438 1987 40,784 9,743 26,135 76,662 59,591 DEVELOPED LOSSES YEAR LOSSES ADJ. FEES EXCESS FEES COST ACTUAL TML PREMIUM \3\ 1989 $47,005 $9,743 $26,135 $ 82,886 $88,382 1988 95,593 9,743 26,135 131,471 73,438 1987 53,531 9,743 26,135 89,409 59,591 wylie90 Exhibit IV WORKERS COMPENSATION w1ie LOSS PROJECTION $25,000 SIR •Dv. 20,1990 INFLATED OF INCURRED BENEFIT DEVEL. DEVEL. INFLATION DEVEL. POLICY YEAR LOSSES LOSSES ADJUST. FACTOR LOSSES FACTOR LOSSES $ PAYROLL 1989 15 $32,844 1 1.313 $43,124 1.090 $47,005 $0 1988 25 $54,088 0.976 1.088 $57,435 1.188 $68,223 $0 1987 25 $40,754 0.984 1.03 $41,335 1.295 $53,531 $0 1986 56 $53,615 0.993 1.021 $54,358 1.412 $76,730 $0 1985 42 $17,048 1.012 1.019 $17,580 1.539 $27,050 $0 TOTAL 163 $198,379 $213,833 $272,539 $0 :SFLATION = 9% :LJRRENT EXPOSURE $0 $ PER LOSS (NOMINAL) $1,217 _OSS RATE 0.000 (TRENDED) $1,312 (+INFLATION) $1,672 _OSS PROJECTION $54,508 RATExCURRENT EXP. LOSS PER $ PAYROLL :% LOSSES/YEARS) (NOMINAL) ERR (TRENDED) ERR :N LATED PROJ. $59,413 (+INFLATION) ERR :'ANDASD DEVIATION $0 STATISTICAL STANDARD DEVIATION $19,321 CITY OF YYLIE Exhibit VI TEXAS MUNICIPAL LEAGUE ($50,000 PLAN) DEVELOPED LOSSES YEAR LOSSES ADJ. FEES EXCESS FEES COST ACTUAL TML PREMIUM 1989 247,005 $8,665 $41,862 $ 97,532 $88,322 1988 95,593 9,636 41,862 147,091 73,438 1987 53,531 8,795 41,862 104,18E 59,591 CITY OF WYLIE TEXAS MUNICIPAL LEAGUE ($25,000 PLAN) DEVELOPED LOSSES YEAR LOSSES ADJ_ FEES EXCESS FEES COST ACTUAL TML PREMIUM 1989 $47,005 $8,665 $62,503 $118,173 $88,382 1988 68,223 9,089 62,503 139,815 73,438 1987 53,531 8,795 62,503 124,829 59,591 sylie90 CITY OF YYLIE Exhibit VII • TEXAS MUNICIPAL LEAGUE ($50,000 PLAN) ACTUAL LOSSES YEAR LOSSES ADJ_ FEES EXCESS FEES COST ACTUAL TML PREMIUM 1989 $32,844 $8,381 $41,862 t 83,087 $88,382 1988 75,787 9,240 41,862 126,889 73,438 1987 40,784 8,540 41,862 91,186 59,591 CITY OF WYLIE TEXAS MUNICIPAL LEAGUE _ ($25,000 PLAN) ACTUAL LOSSES YEAR LOSSES ADJ. FEES EXCESS FEES COST ACTUAL TML PREMIUM 1989 $32,844 $8,382 $62,503 $103,729 $88,382 1988 54,088 8,806 62,503 125,397 73,438 1987 40,784 8,540 62,503 111,827 59,591 wylie90 81RRWL Associates Independent Risk Management, Insurance, and Employee Benefits Consultants 101 West Renner Road, Suite 240, Richardson, Texas 75082-2003 Phone: 214-907-9095 FAX: 214-907-9198 December 4 , 1990 Mr. Charles Norwood City Manager City of Ruidoso Ruiodoso, New Mexico Dear Charles : This is just a short note to wish you the best of luck and success in your new position . I trust all is well with you and that you have settled into your new community . You are still young enough to enjoy the great skiing New Mexico has to offer . Is Ruidoso really as pretty as my secretary tells me? Please feel free to let me know if we can be of any service to you. Have a great holiday season and a prosperous new year . Sincerely, itt Pif • Robert W. Lazarus , A.R.M. Senior Consultant RWL : jt l&RWL Associates Independent Risk Management, Insurance, and Employee Benefits Consultants 101 West Renner Road, Suite 240, Richardson, Texas 75082-2003 Phone: 214-907-9095 FAX: 214-907-9198 December 4 , 1990 Ms . Gloria M. Eddy Commercial Accounts Arthur J. Gallagher & Company 12221 Merit Drive, Suite 670 Dallas , Texas 75251 RE : Town of Addison (Airport Liability) Dear Gloria : Pursuant to Bill Fraley' s letter of November 28, 1990 , this is to advise that Addison Airport of Texas, Inc . should be named as an additional insured in the policy in caption, but only for any claims which, either directly or indirectly, arise out of the Dallas Grand Prix in Addison . I hope this clarifies our intent . Thank you for your cooperation and assistance . Very truly yours, ItA ----- Robert W. La arus , A.R .M. Senior Consultant RWL : jt cc : Ms . Cheryl Milam lo_RW11 4 OL Associates I Independent Risk Management, Insurance, and Employee Benefits Consultants 101 West Renner Road, Suite 240, Richardson, Texas 75082-2003 Phone: 214-907-9095 FAX: 214-907-9198 December 4 , 1990 Ms . Susan Page Querbes & Nelson, Inc . P. 0. Box 5 Shreveport , Louisiana 71161 RE: ATCO Investment Company Et Al - Owners of Bayou Camitte Lands Dear Susan: Pursuant to our telephone conversation on November 28 , 1990 , this will confirm that you have added the owners of Bayou Camitte Lands as additional named insureds in the General and Umbrella Liability policies . Would you please send me written confirmation to that effect, as well as what the additional premium will be for this coverage change . Thank you. Very truly ours , ilittil W. Robert W. Lazarus, A.R .M. Senior Consultant RWL : jt cc : Mr. Mark Morgan . sJ MEMORANDUM DATE: December 5, 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage ' *b_Ir imm RE: Discuss and Consider Formal Proposal and Presentation From BFI on City of Wylie Municipal Recycling Program BFI will make a formal proposal outlining the Recycling Program that they would like to implement for the City of Wylie. The program will contain recycling of glass , paper , aluminum and mulching . Attachment: Letter from BFI 'IF, Recycled paperWaste Systems- (�`� BROWNING FERRIS INDUSTRIE McKinney District December 3, 1990 oEli — 51990 Bill Dashner City Manager Wylie, Texas Re: Solid Waste Service for 1991 Municipal Recycling XMAS Tree Mulching Dear Bill, Rate Increase--- The Farmers Branch Landfill will increase their rate January 1, 1991 from $2.00/yd to $2. 15/yd. With this landfill increase and the long distance to the Farmers Branch Landfill, coupled with the major rise in the cost of fuel, the use of the NTMWD landfill for the City of Wylie becomes practical. Additionally, BFI will be moving their base of operation to the southeast corner of Plano in March 1991. Because of these moves and the resulting savings in transportation costs, BFI will not be requesting the landfill rate increase for January 1991, even though the rate of disposal at NTMWD is about double the Farmers Branch rate. We will be able to maintain both the current residential and commercial rates as they are until the CPI increase in April 1991. At that time, we will need the residential CPI rate increase, but the good news ---unless the fuel prices continue to soar, you can expect a decrease in your commercial rates. Municipal Recycling--- BFI will have its Municipal Recycling Facility (MRF) operating the 1st of April. If you desire we can make a presentation to your city council on the llth of December. At that time we will be able to describe our curbside recycle program and also offer an interim drop off program if the council decides they would like to start recycling before the 1st of April. XMAS Tree Mulching--- We no longer have a tree shredder at our disposal. The city can rent a mulcher and BFI will provide a receiving container for the shredded material. We have located a shredder at Strawn Rental in Dallas at a cost of $150.00 per 8 hr (metered time) . We will haul the shredded material to a city site for city use or to the landfill. If you select not to use the shredding machine we will pick up the XMAS Trees on our normal pickup days. Sincerely, Tom Replogle cc: James Johnson Jerry Cain P.O. BOX 14 • ALLEN, TEXAS 75002 • (214) 548-1545 • METRO 248-1800 MEMORANDUM DATE: December 3, 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager ..r RE: Discuss and Consider Amendments To The City Charter In Time For May 4 , 1991 City Election Section 26 of the City Charter stipulates amendments to the Charter may be framed and submitted to voters in the manner provided for in Chapter 13 , Title 28 and Title 2 of Revised Civil Statues , State of Texas . If the City Council wants to consider amendments to the City Charter for the May 4 , 1991 City Election and follow the guidelines set out by state law which are as follows : The governing body of a municipality, on its own motion, may submit a proposed charter amendment to the municipality' s qualified voters for their approval at an election . The Charter is a 59 page document . Attachment: State Law on Amending City Charter �0 �7d�r TYPES OF MUNICIPALITIES ' ,, ,n § 9.003 t,.$; ,. Title 2 ,�'� Library References Kt,� Municipal Corporations '45. E yir;: C.J.S. Municipal Corporations § 93. '14314;i.,; Notes of Decisions f.` f before voting, election was valid. England v. 5 .�t' Ballots 2 !:' . s,t Notice 1 McCoy (Civ.App.1954) 269 S.W.2d 913, error dismissed. •, i;: • ;. 1. Notice 2. Ballots ;{ ": Where ordinance calling election, notice of ,, Under Vernon's Ann.Civ.St. arts. 1167 and election,and ballot used, simply stated issue to 1169 (repealed; see, now, this section and '' be whether "proposed charter" should be ac- " '`" cepted or rejected but voters of city had been § 9.005, respectively) city could not submit to furnished copies of a proposed city charter and voters alternative ballot propositions which re- had ample opportunity to familiarize them- quire(' voters to accept one of the alternatives :>,-, , selves with proposed charter and to become and did not allow voters to reject both. Elec- "; informed as to the merits and demerits of it tion Law Opinion No. JWF-17 (1983). ..7. ' § 9.004. Charter Amendments 'ass a ' (a) The governing body of a municipality on its own motion may submit a :�'f,.'. � proposed charter amendment to the municipality's qualified voters for their '' .' approval at an election. The governing body shall submit a proposed charter 1 amendment to the voters for their approval at an election if the submission 1s - i supported by a petition signed by a number of qualified voters of the municipality equal to at least five percent of the number of qualified voters of ,.. the municipality or 20,000, whichever number is the smaller. (b) The ordinance ordering the election shall provide for the election to be •••. ; held on the first authorized uniform election date prescribed by the Election :c �, • Code that allows sufficient time to comply with other requirements of law and that occurs on or after the 30th day after the date the ordinance is adopted. (c) Notice of the election shall be published in a newspaper of general circulation published in the municipality. The notice must: (1) include a substantial copy of the proposed amendment; and (2) be published on the same day in each of two successive weeks, with I the first publication occurring before the 14th day before the date of the election. (d) An amendment may not contain more than one subject. (e) The ballot shall be prepared so that a voter may approve or disapprove any one or more amendments without having to approve or disapprove all of the amendments. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Revisor's Note • (1) The election dates established by V.A.C.S. Article 1170 of the source law have been superseded by Section 41.001, Election Code. That section of the ' 62 .. 1• ` § 9.004 , r,i. UUOME_RULE „ " s^ Note 2 lit. ;,1' j ,!t . ..1, Ch. 9 ;1i'•:, • Election Code establishes uniform dates for state and local elections. Subsec- I - '4, tion (b) of the revised law is drafted accordingly. '° r'' ' (2) The source law provision relating to the form of the election notice has p , ''; been superseded by Section 4.004, Election Code, and therefore has been #, ..', ..?... omitted from the revised law. s itr' x Historical Note ti • Prior Law: Acts 1961, 57th Leg., p. 1108, ch. 500, § 1. 4 Acts 1913, 33rd Leg., p. 307. Acts 1973, 63rd Leg., p. 146, ch. 77, § 1. 4 i Rev.Civ.St.1911, art. 1096b. Vernon's Ann.Civ.St. art. 1170. •, Cross References ! •, Elected officers, salaries and expenses set by ordinance adopted as provided by this section, see § 141.005. }, Law Review Commentaries • i` Annual survey of Texas law: Election law. : , 1) Charles L. Babcock and Michael H. Collins, 35 ;I; ' o Southwestern L.J. (Tex.) 422 (1981). 1:i '1 j Library References Ii + ' I S! ':• Municipal Corporations a46. fE ' • C.J.S. Municipal Corporations § 88 et seq. j'11 4I}. WESTLAW Electronic Research i See WESTLAW Electronic Research Guide following the Preface. ti ' t : , Notes of Decisions I • ' fi` t Ballots 9, 10 Validity of amendments, initiative process 5 t1 i ,i ,, A: Segregation of amendments 10 j r r Sufficiency 9 i'; r Declaratory Judgment 13 1. Power to amend ;,1 i' ''. Duty to call election, initiative process 4 Charter amendments submitted by city goy- • Initiative process 3-5 erning body were validly adopted, though not 'G ; Duty to call election 4 drawn by charter committee. Yett v. Cook t" ii 1 Petition 3 (1926) 115 T. 205, 281 S.W. 837. ' 1 Validity of amendments 5 Home rule city can amend charter as it ,' Judicial regulation 12 pleases,so long as charter accords with Consti- }andamus 14, 15 tution and general laws. Municipal Gas Co. v. • 1. Compelling submission of amendment City of Sherman (Civ.App.1936) 89 S.W.2d 436, i f"• 14 affirmed 133 T. 324, 127 S.W.2d 193. iv Parties 15 City which operates under home rule amend- ment (Const. Art. 11, § 5) is empowered to F ,,'•:ff 1. Notice 6, 7 adopt or amend its charter in any manner in which it may desire, consistent and in accord- ii 4 ,' 4! Publication 7Sufficiency6 of ance state., hBurch v. of San Antoniol(Su . 1 ''.-4, City p' , Y;.1-,4 Parties, mandamus 15 1975) 518 S.W.2d 540. t :3 Power to amend 1 �. SE• `� • Prohibition for two years 11 2. New charter distinguished j D, .r},.'(a Publication, notice 7 Record established that amendments to the ,. .4' •.# Charter of the City of Orange constituted in ,, f " '.'4; Segregation of amendments, ballots 10 fact amendment, as distinguished from a new i�}``, �i Subject matter limitation 8 1 1 charter, not required to be prepared and sub- Two year prohibition 11 mitted to the voters, where the principal : to ;7 • i 63 ' '�� ,.t1 i t • 11 1c • .31, i� `.'I I 11 i, 1,,; 7� =t ,,.4¢:. ;;a ti' , ,y ?t, t- ti `,x § 9.004 TYPES OF MUNICIPALITIES .i, .,-,"': Note 2 Title 2 change would be adoption of Commission- City council had no clear legal duty to call Manager form of city government, and power an election on proposed city charter amend- ,v,p '; ',: to enact ordinances was not changed, and ment within two years of special election .?2; . none of the legistive functions of the city gov- which eliminated legal obstacles to such an ; 'Y' erning body,was changed. State ex rel.City of election existing by reason of provision of the West Orange v. City of Orange (Civ.App.1957) Voting Rights Act (42 U.S.C.A. § 1971 et seq.). ' {{.? 300 S.W.2d 705, ref. n.r.c. Taxpayers' Political Action Committee v. City 4.0.' of Houston (Civ.App.1979) 596 S.W.2d 147. ,si),, , 3. Initiative process—Petition Where all conditions precedent to requiring ,} Where petition requesting that accompany- an election on proposed charter amendment y'. ing proposed legislation be submitted to vote were complied with, parties seeking to have + ';..ati't, of people, if not passed by city council, con- election called could not be defeated unless it •( -t tained reference to petition as a petition for appeared that the subject matter of the pro- city charter amendment seven times, and oth- posed charter amendment was not legislative ,, ,t,, ' erwise referred to city charter throughout, peti- in character or that the subject matter had tion would be construed so as to reconcile any been withdrawn from the field in which initia- , ,.P , repugnancies and to give effect to whole and tory process is operative, and the validity of ,f!' every part of petition, and petition, bearing the amendment, if adopted, was not at issue. '' signatures of ten per cent of voters, would be Jones v. International Assn of Firefighters, Lo- cal Union No. 936 (Civ.App.1980) 601 S.W.2d 1, and not petition for proposed ordinance. Ed- 454, ref. n.r.c. wards v. Murphy (Civ.App.1953) 256 S.W.2d 't 470, error dismissed. Where petition seeking amendment of city charter had been certified as being in proper .. Fact that initiative petition to amend city form and in compliance with local state laws, charter met strict charter requirements as to contained number of valid signatures required affidavit to and formalization of ordinance ini- and there was nothing else that petitioners tiative petitions and that such formalities were could do, except request that city council sub- not required of inititated petitions to amend mit proposed amendment to vote of people, • city charter did not establish that petition was city council's duty was clear and its compli an ordinance initiative petition and not peti- mice with law was ministerial in nature, and, tion for city charter amendment. Id. therefore, mandamus was proper remedy to order city council to submit proposed charter 4. — Duty to call election, Initiative pro- amendment to public for vote. Coalson v.City cess Council of Victoria(Sup.1980) 610 S.W.2d 744. Where petition for city charter amendment 5 _ Validity of amendments, initiative; � to limit firemen's hours of labor and to estab- lish minimum wages complied with statutory process law, members of city council as ministerial City council has no discretionary authority officers were required to perform duties im- to determine validity of proposed initiated , posed upon them incidental to carrying out the charter amendments, and even if city council initiative procedure, to proceed to take neces- has authority, validity of petition will be decid- sary prescribed action to hold election, and to cd in favor of people who signed it rather than submit proper proposed legislation as amend- in favor of city, unless it appears that subject- ment to city charter to vote of electorate. Ed- matter of proposed amendment has been with- wards v. Murphy (Civ.App.1953) 256 S.W.2d drawn from field in which initiatory process is 470, error dismissed. operative. Edwards v. Murphy (Civ.App.1953) 256 S.W.2d 470, error dismissed. In proceeding wherein a petitioner for sub- Election on proposed charter amendment '` mission to voters of a proposed charter amend- limiting property tax levies would determine ment concerning election of counsel members whether there was justiciable issue as to wheth• reby districts applied for writ of mandamus to er proposed charter amendment violated Con- require home rule city, members of city coun- F: cil and city secretary to submit such proposed stitution, as election could result in disapprov- amendment to voters, evidence failed to estab• al of proposed amendment; therefore, city lish that council, which failed to complete its council's complaints against validity of initiato- T. , •• own verification of petition within 16 days ry process could be determined by trial court , after filing of petition and deputy county clerk after election. Coalson v. City Council of Vic- l and county tax officer's verification of signa- toria (Sup.1980) 610 S.W.2d 744. • tures on petition and number of required sign- Home rule city was required to submit to 'X ers, had clear statutory duty to call election. electorate amendments to its charter proposed I Bozarth v. City of Denison (Civ.App.1977) 559 by initiative before it could ask courts to deter- S.W.2d 378. mine whether amendments were legislative in 64 4 r.. -i i 4 • / qq � , . .r 3l+ h:4•1'1 /.y fppfj `.1, a .•, I., �, .1r, HOME—RULE § 9.004 , ; - :i � Ya � Ch. 9 Note 10 I ji ; .. character and were not withdrawn from field (repealed; see, now, §§ 141.031 et seq., , v ,} , in which initiatory process was operative. 142.001) and subject-matter of proposed t ,•s Green v. City of Lubbock (App.1982) 627 S.W. amendment was same as statute, proposed t r o es 2d 868, ref. n.r.e. charter amendment was not invalid on ground 1 1 that it contained more than one subject. Ed- f 6. Notice--Sufficiency wards v. Murphy (Civ.App.1953) 256 S.W.2d ` 3r,} '. Notice of special election, stating that pro- 470, error dismissed. i • posed amendment to city charter would Proposition on ballot submitting to voters ' o change the city government from a city manag- question whether certain article of city charter ` er form of government to"aldermanic form of should be repealed and whether five other arti• i • - city government" and would make other cles should be amended, in order to create t t j r changes in the charter to conform thereto was office of city manager and make city manager 1' t insufficient, in that it did not apprise the voters chief executive officer of city instead of mayor, 1 ., y ` of the nature of such proposed amendment, did not submit more than one subject in viola- I and hence subsequent election was invalid. lion of Vernon's Ann.Civ.St. art. 1170 (re- Turner v. Lewie (Civ.App.1947) 201 S.W.2d 86, pealed; now this section). Gibson y. City of error dismissed. Orange (Civ.App.1954) 272 S.W.2d 789, error 7. — Publication, notice refused. �i In mandamus proceeding to compel city offi- The word "amendment" in provision of Ver- cials to call election to amend charter, election non's Ann.Civ.St. art. 1170 (repealed; now this ?'I c , • held within preceding two years which was section) that every "amendment" of city char- 11, alleged to have resulted in amendment of char- ter submitted to voters must contain only one , ter could not be questioned on ground that subject, could be broadly construed as mean- • `. notices thereof had not been published and ing a change accomplished by several amend• ( sent to voters prior to such election, since such ments of as many charter provisions, and need `` matters were mere irregularities which could not have been limited to a change in a word, "+( be determined in contest of election but not in sentence, or paragraph, and therefore statute t '. collateral proceeding. State v. City Commis- authorized several amendments in one propo- ;) ) sion of San Angelo (Civ.App.1937) 101 S.W.2d sition where all amendments were connected. t` . 360. Id. t' ` ; Even if proper notice of intention of city Amendment to the Charter of the City of Sir S- council to pass an ordinance calling an dice- Orange, wherein the principal change was the ( ! ¢/1 i i lion to amend city charter had been given and adoption of the Commission-Manager form of qualified voters had received a copy of the city government, was not invalid on the i' t ro osed amendment, requirement of statu- ground that the charter amendment election t ,', } proposed 9 tory procedure for charter amendment had not submitted to the voters issues so framed as not I .; ,. been met where no notice had been given by to give the voters a clear idea of the scope and ', publication in newspaper of the ordinance call- character of the amendment in violation of (y e. ing the election as had been required by Ver- Vernon's Ann.Civ.St. art. 1170 (repealed; now ! °'"'. ' non's Ann.Civ.St. art. 1170 (repealed; now this this section) which provided that every amend- i ";. section). Turner v. Lewie (Civ.App.1947) 201 ment submitted must contain only one subject. I •y•T. S.W.2d 86, error dismissed. State ex rel. City of West Orange v. City of 1 Orange(Civ.App.1957)300 S.W.2d 705, ref. n.r. i 8. Subject matter limitation e Ordinance of city of Corsicana submitting in ' one ballot amendment of sections 41 and 45 of 9. Ballots—Sufficiency ; city charter, so as to authorize city to levy tax Official ballot in a special election for city to full constitutional limit, of which certain charter amendment, merely containing the ti ' amount should be for support of public words "for and against amendment" but not , schools, and certain amount for establishment containing a description of proposed amend- ' ;{ and support of public library was not subject ment, was insufficient, and hence election )�• r to the objection that it required the voters in based thereon was invalid, notwithstanding •,•,'? ,+ casting their ballots to vote "Yes," or "No" on that the result of the election would not have (' . `, more than one subject, sections to be amended 'ri' "• been different had a proper ballot been used. rt. dealing with subject of taxation, and amend- Turner v. Lewie (Civ.App.1947) 201 S.W.2d 86, : ment relatingto apportioning moneyrealized I ,• '-` ''' Pp K error dismissed- b taxation. Garitty v. Halbert (Civ.App.1922) et -;,t 235 S.W. 231. 10. — Segregation of amendments, ballots -' Where all subjects contained in proposed The ballots must be prepared so that the 1, `' ; rt; city charter amendment were contained in la- voters may vote for or against any amendment 'l` bor statute, Vernon's Ann.P.C. art. 1583 et seq. without in so doing at the same time voting for . t )'L,, 65 i �, F: s„ . 'I i ' 7` c:::;) k , ... k 1I:' 1r• ','•," ;:.' § 9.004 TYPES OF MUNICIPALITIES '4. • Note 10 -'+ ;.r'' Title 2 ', or against all the amendments. Garitty v. Hal- ments to the city charter after city was en- „.;*- bert (Civ.App.1920) 225 S.W. 196. joined, as result of action brought under the Where ordinance submitting amendment to Voting Rights Act (42 U.S.C.A. § 1971 et seq.) x"t ' from submittingthe remaining , .,�;,; city charter included unrelated amendments, proposed {"w' but amendments contained only one subject amendments to the voters was not arbitrary ''y . and ballot permitted voters to vote "yes" or and capricious even though it had practical ',` , "no" on each amendment without voting "yes" effect of denying petitioner's right to an elec- e�" lion of one of the remaining proposals within .�� or "no" on all, amendment was valid. City of }''4.:1' • Lubbock v. Geo. L. Simpson & Co. (Civ.App. two years of such election. Taxpayers' Politi- •'t ' ' 1930) 31 S.W.2d 665. cal Action Committee v. City of Houston (Civ. '14,1 ,'ii App.1979) 596 S.W.2d 147. ,.;r.:. 11. Two year prohibition 12. Judicial regulation Election under Rev.Civ.St.1911, arts. 1096a, Where the power of amendment of the Char- ' 'f`r" 1096b (see, now, § 9.001 et seq.) which ter of the City of Orange is vested in the will of "4 I changed city charter by adopting a new one, the voters and they express themselves as fa- was not invalidated, under inhibition of Const. voring an amendment in the Charter, a court i•:< Art. 11, § 5, forbidding alteration,amendment, has no power to override a clearly expressed �{t' or repeal of a city charter oftener than every desire of the people for such amendment, ex- two years, by attempted charter amendments cept upon a clear showing, that such action z within two years previous thereto, where such does violence to some Constitutional provision. attempted amendments were invalid because State ex rel. City of West Orange v. City of they followed the procedure prescribed by city Orange(Civ.App.1957)300 S.W.2d 705, ref. n.r. charter as to amendments which had been e• superseded by provisions of such article as to • city charter amendments. Steinhagen v. East- 13. Declaratory Judgment ham(Civ.App.1921)233 S.W. 660,affirmed 1 I Declaratory judgment action filed by city T. 597, 243 S.W. 457. seeking adjudication that proposed city charter o u- amendment limiting tax levy violated provi- Provision adopted at city election for p p sions of Const. Art. 8, § 21, Art. 11, § 5, and lar election of board of education members Vernon's Ann.Civ.St. arts. 689a-15 (repealed; who had theretofore been appointed by city see, now, §§ 102.006 to 102.009), and 7244c commission was"amendment" to charter so as (repealed; see, now, V.T.C.A. Tax Code, to preclude for two years the calling of an §§ 26.04 to 26.06), which governed taxation, election to amend charter to provide for civil was prematurely filed where election process service system and for city commission of five had been lawfully put in motion and declarato- members and mayor, notwithstanding that ry judgment action was improperly used as city's strictly municipal powers were derived vehicle to frustrate process. Coalson v. City from provisions of Constitution relating to mu- Council of Victoria (Sup.1980) 610 S.W.2d 744. nicipal corporations and that city's power to Home rule city's declaratory•• control schools was derived from provisions ofseekingy judgment suit , Constitution relating to education. State v. charter determinepropos byw initiativether amendments l gs to a- City Commission of San Angelo (Civ.App.1937) itsincharacter and were were withdrawn 101 S.W.2d 360. g five in and were not from field in which initiatory process was operative In proceeding wherein a petitioner for sub- was premature and sought advisory opinion mission to voters of a proposed charter amend- where amendments had not been submitted to ment concerning election of counsel members electorate before suit was filed. Green v. City • applied for mandamus to require submission of Lubbock (App.1982) 627 S.W.2d 868, ref. of such proposed amendment and sought to n.r.c. ' have city officials restrained from submitting 14. Mandamus—Compelling submission of different amendment concerning same subject, • evidence failed to establish that city council's amendment Saction, in enacting ordinance providing for for secondon ctof onforcharte oaffice of cityt providing • submission of such different amendment, election for office le in event if approved before petitioner's proposed man three weeks after regular election in event prevent that no candidate received majority vote in amendment could be submitted,would submission of petitioner's proposed amend- regular whoelect en f was nott charter by amendmentmn ment for two years, was arbitraryaction done damns, where effect of charter r would extend term of councilman holding over in bad faith for purpose of defeating petition- until second election beyond constitutional er's rights. Bozarth v. City of Denison (Civ. limit of two years on term of office. McCarthy App.1977) 559 S.W.2d 378. v. Jarvis (Civ.App.1936) 96 S.W.2d 564. Action of city council in calling special elec- Mandamus to compel the governing body of tion for only one of several proposed amend- city to call election to amend charter relating 66 $ , i1. ':'d�4 ,ff �'.1'•.,, � • ,4,�'/,d yv,l.• • l ftiytti HOME—RULE § 9.005 J Ch. 9 { t to recall of city officers, after petition of ten charter amendment providing for election of ' , i • per cent of the qualified voters should be de- councilmen by majority vote. McCarty v. Jar- ',` 1 nied, unless such governing body, which is vis (Civ.App.1936) 96 S.W.2d 564. : '' ‘estcd with discretion in deciding who are l 'iliqualified voters, had absolutely denied petition Qualified voters of city were without justicia- . and in so doing acted arbitrarily, unreason- ble interest in submission of proposed charter i'' able, capriciously, or fraudulently. Black v. amendment to voters of city, and hence not rQ Coons (Civ.App.1922) 244 S.W. 1080. entitled to maintain mandamus proceeding to • „�'r compel citycouncil to submit amendment to 'x 15, — Parties, mandamus P ', 1 City was necessary party defendant in man- vote in absence of showing of further interest. 1 s damns suit to compel city council to submit Id. f t ? :t, 4 lit; { § 9.005. Adoption of Charter or Amendment Ifi Y. (a) A proposed charter for a municipality or a proposed amendment to a ;r ;' ' municipality's charter is adopted if it is approved by a majority of the . t qualified voters of the municipality who vote at an election held for that 1% purpose. ;• • (b) A charter or an amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality 1 •, ',1 s declaring that the charter or amendment is adopted. f;, y ,' i : Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Revisor's Note ,,I ' t The source law provision that the adopted charter is the charter of the . municipality until it is amended or repealed is omitted from revision as unnecessary. The same result occurs without this provision. I 'j ► . Historical Note 1 ;' ; ' I. Prior Law: Acts 1961, 57th Leg., p. 1108, ch. 500, § 1. f r,` ' Acts 1913, 33rd Leg., p. 307. Acts 1973, 63rd Leg., p. 146, ch. 77, § 1. 4• '.'; Rev.Civ.St.1911, arts. 1096a, 1096b. Vernon's Ann.Civ.St. arts. 1165, 1169, 1170. • '$ M Cross References + :�•, Qualified voter, see V.T.C.A. Election Code, § 11.002. t' I G �l Law Review Commentaries f ; ;. Annual survey of Texas law: Election law. I 1 • , Charles L. Babcock and Michael H. Collins, 35 . • 1 Southwestern L.J. (Tex.) 422 (1981). • ' Library References Pi I' ` '•.'l Municipal Corporations a46, 48(1). It '' ijl, ' C.J.S. Municipal Corporations § 88 et seq. t WESTLAW Electronic Research (t: '. See WESTLAW Electronic Research Guide following the Preface. ii';' •"tr.•, M 67 • .4;, it 1 , li,)i /-s 787 CITIES, TOWNS AND VILLAGES Art,. 974d-13 7 to be incorporated under the general laws of Sec. 2. That each charter, and amendment the State of Texas, whether under the alder- to a charter'adopted by any city of more than ,,;uric or commission form of government, and 5,000 inhabitants in this state, or where such .,hick have functioned or attempted to func- city has amended or attempted to amend or 3 .;,,n-as incorporated cities ortowns since the adopt such charter, since the enactment of i d.ite of such incorporation or attempted incor- Chapter 147, Acts of the Regular Session of ;oration, are hereby in all respects validated the 33rd Legislature of the State of Texas, ,• of the slate of such incorporation or at- 191:3, and as thereafter amended, relating to ;erupted incorporation; and the incorporation home rule, and all of the amendments and pro- of such cities and towns shall not be held in- ceedings had under same, that all bonds issued talid by reason of the fact that the election under any amendment where said bonds issued proceedings or incorporation proceedings may under any amendment have been approved by rot have been in accordance with law. the attorney general and registered with the Sec. 2. The boundary lines of all such cities comptroller of public accounts, are hereby ful- :,nd towns, including both the boundary lines ly validated, ratified and confirmed and are covered by the original incorporation proceed- hereby declared to be in full force and effect rags and any subsequent extensions thereof, as if adopted in strict compliance with all of are hereby in all things validated. No bounda- the requirements of said Chapter 147, Acts of / 1 ry extension of any kind shall be deemed inval- the 33rd Legislature and as thereafter amend- rd by failure to comply with requirements of ed and the general laws of Texas relating t publication, whether such requirements are im- thereto. i; posed by statute, general law or charter, and Sec. 3. The boundary lines of all such cities , , .uch extensions are hereby in all things vali- and towns, including both the boundary lines darted. In the event of multiple annexations covered by the original incorporation , : i proceed- � covering the same territory, the proceedings ings and any subsequent extensions thereof are i t prior in time shall prevail despite any irregu- hereby in all things validated. i ; larities hereby validated. Sec. 4. All governmental proceedings per- I i !' Sec. 3. All governmental proceedings per- formed by the governing bodies of all such cit- y formed by the governing bodies of all such cit- ies and towns and all officers thereof since •I's and towns and all officers thereof since their incorporation or attempted incorporation their incorporation or attempted incorporation are hereby in all respects validated as of the Arc hereby in all respects validated as of the date of such proceedings. date of such proceedings. � ' , E. l ` Sec. 5. Where any city in the state which Sec. 4. The provisions of this Act shall not operated under the general law or pursuant to 3;Tly to any city or town now involved in liti- a home rule charter has heretofore at an elec- r' c.rtion questioning the legality of the incorpo- tion submitted to the qualified electors who ration or extension of boundaries or any of the own taxable property in said city and who have • 1.' t is or proceedings hereby validated if such duly rendered the same for taxation proposi- itigation is ultimately determined against the tions for the issuance of the bonds of such city '•i, -cality thereof; nor shall this Act be con- for the purposes st ated in such propositions, rj i; �;F , ; •'rued as validating any proceeding which may such bonds being payable from the revenues . •:,' -T 1'', Live been nullified by a final judgment of a stated in such propositions or payable 'i p from ad ;,;e .3. .h,'''• . . ,'rrt of competent jurisdiction. valorem taxes to be levied therefor, and such .I '%.r. )9G7, 60th Leg., p. 2023. eh. 747. eff. .Tune t8. propositions having carried by the vote of a 1 r ' tt •;' majority of the persons voting in such election, ; • . lrt. 974d-13. Validation of Incorporation; all of the proceedings heretofore had by such �i t c city, including all proceedings had and acts u ;1 r'':`.; t Charters and Amendments of Cities of done in connection with the calling and hold- t' More Than 5,000; Boundary Lines; Gov- ernmental Proceedings; Revenue Bonds; ing of the election, despite any failure with fail- "+ Exceptions g ures in such proceedings to comply the . . .. a I ,: tt r: �,v 1. pertinent statutes and all proceedings hereto- s •- tu v The incorporation proceedings of fore had by any such city to authorize the issu- } " ` and towns (including home rule cities) ance of revenue bonds under the provisions of i r i. :•:etnfore incorporated or attempted to be in- Section 11 of Article 2368a, Vernon's Texas'ivrated under p the general laws of the State Civil Statutes s. Texas, whether uder the aldermanic or the improvements(irrespective becconstructed or acquired `•7"rnission, form of government, and which with bond proceeds) are hereby ratified, vali- t Iv►'!4 a functioned or attempted to function as in- dated, and confirmed. The governing body of ii,. '•c+.horated cities or towns since the date of each such city is authorized to adopt all pro- incor hereby or attempted incorporation, ceedings necessary or desirable to complete the +•� of S y in all respects validated as of the issuance of such bonds. All of such proceed- uch incorporation or attempted incor- ings relating to the authorization of bonds :• ration; and the incorporation of such cities shall be submitted to the Attorney General of e .ns shall not be held invalid by reason Texas, and when such bonds have been or are th`• fact that the election proceedings or in- hereafter approved by the Attorney General of ••;oration gmay .• r • <ordx ion �pthceedin s not have been in Texas and registered by the Comptroller of ' Public Accounts, they shall be incontestable. CITIES, TOWNS ANDVILLAGES An . 974d-18 ,....a., for general state and local governmen- ings and by any subsequent extension thereof, .,t urposes, I II are hereby in all things validated. ,.,. 1971. 62nd Leg., p. 945, eh. 157, eff. May 11. Sec. 3. All governmental proceedings per- i ,:i I formed by the governing bodies of such cities ; II and towns and all officers thereof since their ' art; t,7 td-16. Validation of Incorporation, incorporation, or attempted incorporation, are Boundary Lines and Governmental Pro- hereby in all respects validated as of the re- ccedings; Cities and Towns of 1,500 to 1,- spective date of such proceedings. ' Sec. 4. The provisions of this Act shall not sec. ;. All cities and towns in Texas of ...,re than one thousand five hundred (1,500) apply to any city or town now involved in liti- , ,••I less than one thousand eight hundred (1,- rgation ation questioning the legality of the incorpo- 1 : ...1) inhabitants, heretofore incorporated or at- ration 1971, 62nd Leg., p. 2941, cb. !172, eff. June 15, � ' • .;�tcd to be incorporated under the general 19i1.1 .... of Texas, under the Commission form of r..,,•rnment, and which have functioned as in- Art. 974d-18. Validation of Incor oration, !; • •rporrated cities and towns since the date of p ;: BoundaryLines and Governmental Pro- I ",h incorporation, and where there was an ceedings; Cities and Towns of 1,000 or ,crlapping of territory with another city or Less • N II at the time of such incorporation and 9 •►rch overlapping of territory has been cor- Sec. 1. All cities and towns in Texas of 1,- t, 19 •.,till by an ordinance of either of such cities 000 inhabitants or less, heretofore it incorporat- e towns, are hereby in all respects validated, ed, or attempted to be incorporated under the • of the date of such incorporation or at- terms and provisions of the general laws of the ' 1 •,-;pted incorporation; and the incorporation State of Texas under the aldermanic form of i i i arch cities and towns shall not be held in- government, and which are now functioning or •,I,d on account of such overlapping of territo- to function as incorporated cities or •, at the time of such original incorporation. towns, are hereby in all respects validated as f i't of the date of such incorporation, or attempted !zee. 2. That the boundary lines of all such incorporation; and the incorporation of those '1 1 •:!ir4 and towns, including both the boundary cities and towns shall not be held invalid by ', .•:I•: covered by the original incorporation pro- reason of the fact that the election proceedings s,, •.-dings, as corrected by such city ordinance, or other incorporation proceedings may not a r by any subsequent extension thereof, are in have been in accordance with law, or by reason j 3 i . 1 things validated. t i of a failure to properly define the limits of the 1 Sec. 3. All governmental proceedings per- city or town. 1 • .' t ',magi by the governing bodies of such cities Sec. 2. The areas and boundary lines of all 'I .-d towns and all officers thereof since their cities and towns affected by this Act, including i •rorporation, or attempted incorporation, are both the boundary lines covered by the original I' a t• :. '-r,•by in all respects validated as of the re- incorporation proceedings and by any subse- = ' l'• •••,live date of such proceedings. quent extension thereof are in all things vali ; f .`.•` ttr71. 62nd Leg., p• 25S1. eh. 846, eff. Aug. 30, dated, and the incorporation of the cities and • !:� ., ,4 i ' towns or any subsequent extension of the cor- ... , ; porate limits of the cities and towns shall not ''� `` i'a • ' trt• 97td-17. Validation of Incorporation, be held invalid because of the inclusion in the , JJ1"' ' • Boundary Lines and Governmental Pro- limits of more territory than is expressly au- ' ,t ; k• �'�.', ceedings; Exceptions; Cities and Towns thorized in Article 971 of the Revised Civil t' : • . ,,! ; • of 300 to 750 a.,;', Statutes of the State of Texas of 1925. , 11• ''.*'' re. 1. 4'tr,'. All cities and towns in this state Sec. 3. All governmental proceedings and I :,:: • th not more than 750 inhabitants, nor less acts performed by the governing bodies of such , »t' ..•471 .lo0 inhabitants, heretofore incorporated cities and towns and all officers thereof since 1 : S`':4 r attempted to be incorporated under the Gen- their incorporation, or attempted incorporation, t •• ' . ''al Laws of Texas, whether under the alder- are hereby in all respects validated as of the , ? r 1� ' .r,ic form of govrnment or the commission respective date of the proceedings and acts. I •of government, and which have func- i },1 i as incorporated cities and towns since Sec. 4. The provisions of this Act shall not I , i :ate of such incorporation or attempted in- apply to any city or town now involved in quo ”c.iration, are hereby in all respects validat- warranto questioning the legality of the incor- , = as of the date of such incorporation or at- poration or extension of boundaries or any of ;red incorporation; and the incorporation the acts or proceedings hereby validated if ' rb cities and towns shall not be held in- such litigation is ultimately determined against ' , y reason of the fact that the election the legality thereof. ,, rcdinfisb or other incorporation proceedings ' o • ��'not have been in accordance with law. Sec. 5. If any word, phrase, clause, sen- scc• 2 tence, paragraph, or provision of this Act is • 4" towns, The boundary lines of all such cities declared unconstitutional, it is the intention of x t0`.ns, including both the boundary lines the legislature that the remaining provisions '•"tred by the original incorporation proceed- thereof shall be effective, and that such re- i • • • • �i Art. 974d-13 TITLE 28 Sec. 6. The provisions of this Act shall not said cities or towns may not have ow apply to any city or town incorporated or at- pliance with the law. been In cow tempted to be incorporated from and after Au- gust 23, 1963, which is situated in whole or in Sec. 2. All governmental proceedings part within the extraterritorial jurisdiction of formed by the governing bodies of suchcc n another city or town, unless consent or permis- and towns and all officers thereof sinceht• sion to incorporate was obtained in the manner incorporation and the adoption or I o B+tir prescribed by Chapter 160, Article I, Acts of adoption of the provisions of Chapter jt��. the 58th Legislature, Regular Session, 1963, 23 of the Revised Civil Statutes of Texas, lira — are Municipal Annexation Act, compiled as Ar- res ecti respectivehereby dateof suchects validated as of ►)I„; title 970a, Vernon's Texas Civil Statutes. pproceedings. Sec. 7. The provisions of this Act shall not Sec. 3. All cities and towns in Texas hai, apply to any city or town now involved in liti- ing a population of not less than 215 nor gation questioning the legality of the incorpo- than 217, according to the last fed er;il cena ration or extension of boundaries hereby vali- and heretofore incorporated under a `iK•cuai dated if suchx litigation is ultimately deter- Act of the Legislature and thereafter adze mined against the legality thereof; nor shall teror attempting to adopt the provision, of (u this Act be construed as validating any pro- of 1 of Title 28 of the Revised Civil Statutes ceedings which may have been nullified by a of Texas, 1925, which have extended or at• final judgment of a court of competent jur•is_ tempted to extend the territory,limits of stick diction. city or town to include the majony [Acts 1969, 61st Leg., p. 44, ch. 15, eff. March 13, 1969.1 votf e foe r members of the State of said rLegilatu a qualified4 ing voted in favor of becoming a part of sa id Art. 974d-14. Validation of Boundary Lines; town or city, are hereby in all respects ratif Cities and Towns of 5,270 to 5,350 validated and confirmed as of the date of anti Sec. 1. This Act applies to cities and towns annexation or attempted annexation, as fully incorporated under the general laws of this and completely as if said action had been tales state and having a population of not less than and happened under legislative authority pry.. 5,270 and not more than 5,350 inhabitants and viously given, and such extension of bounds. being situated in a county having a population ries and all proceedings had in connection less than 50,000 inhabitants, according to the therewith shall not be held invalid by reason of last preceding federal census. the fact that the election proceedings or otbrt Sec. 2. The boundary lines of the cities and proceedings had in connection with such ar• towns, including the boundary lines covered by vexation may not of thee inclusionn in accordance with m1 the original incorporation proceedings and by ola`v norbecause in such Hired subsequent extensions of the boundaries, are in Articlec territory97 , Revisedthan Civil Statutes authorized Tema. validated. in 971, Statutes of Tew� Sec. 3. No boundary extension is invalid porate area ofason ter•itory other than thatof the inclusion inhwhi ch for failure to comply with the provisions and is intended to be used for strictly town pun requirements of the Municipal Annexation Act. poses, provided, however, that• the annexed (Acts 1969, 61st Leg., p. 1021, ch. 331, eff. May 27, area does not include any area that was validly 1969.] within the extraterritorial jurisdiction of ace orArt. 974d-15. Validation of Incorporation, suchr arnnexati rated city or town at the time 4 Boundary Lines, and Governmental Pro- ceedings; Exceptions; Cities and Towns Sec. 4. The validation provisions of au of 215 to 217 Act shall not apply to litigation pending in aal court of competent jurisdiction in this state as Sec. 1. All cities and towns in Texas hav- the effective date of this Act which litigation ing a population of not less than 215 nor more questions the legality of any of the mantis than 217 according to the last federal census, which would otherwise be validated by the pr► heretofore incorporated under a special Act of visions hereof, if such litigation ultimately rv.► the Legislature and thereafter adopting or at- sults in holdings or holding that the matter tempting to adopt the provisions of Chapter 1 questioned thereby are invalid. of Title 28 of the Revised Civil Statutes of Tex- as, 1925, as provided in Article 961, thereof, Sec. 5. If any part or provision of this Ad and which have functioned as incorporated cit- or the application thereof to any person or tit• ies or towns since the adoption or attempted cumstance shall be held invalid, it is herrtQ declared to be the intention of the LegislataA adoption of the said provisions of Title 28 ei- ther under the aldermanic, commission, or that the remainder hereof and the applicatiM► council form of government, are hereby in all of such part or provision to other person K respects validated, ratified and confirmed as of circumstances shall not be affected thertdOr� the date of such adoption or attempted adop- Sec. 6. As used in this Act, ''the last fcder' tion of the said provisions of Title 28; and the al census" means the 1970 census. This is e" adoption of said provisions of Title 28 shall not spite any legislation that has been or ma7 M be held invalid by reason of the fact the pro- enacted during any session of the 62nd I�efL" ceedings or findings of the governing bodies of lature delaying the effectiveness of the PIT i;;`, stalk' • HOME-RI Ch. 9 CHAPTER 9. HOME—RULE MUNICIPALITY interest there, at least two further, that Section 9.001. Adoption or Amendment of Home-Rule Charter. 9.002. Selection of Charter Commission. Cities with lc 9.003. Vote on Charter. § 253.( 9.004. Charter Amendments. 9.005. Adoption of Charter or Amendment. 9.006. Concurrent Elections. Annual sur 9.007. Certification of Charter or Amendment. porations. C 9.008. Registration of Charter or Amendment; Effect. WESTLAW Electronic Research Municipal • See WESTLAW Electronic Research Guide following the Preface. C.J.S. Mun 89. Library References Tex.Prac., Municipal Law& Practice, Chs. 2, § 9.002. 4, 14. (a) The § 9.001. Adoption or Amendment of Home-Rule Charter by at least of the mu] This chapter applies to the adoption or amendment of a municipal charter a new cha by a municipality authorized to do so by Article XI, Section 5, of the Texas presented Constitution. of the mu Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. (b) The date of th Revisor's Note but on o: The source law permits municipalities with more than 5,000 inhabitants to However, adopt or amend their charters subject to limitations prescribed by the legisla- sufficient ture. The source law is lifted verbatim from Article XI, Section 5, of the ordered f Texas Constitution and is not repeated here because doing so is not only Election unnecessary but could create the false impression that the substance of the of law at constitutional provision is merely statutory and subject to amendment by bill. adopted a Instead of repeating constitutional language, the revised law merely indicates (c) The that this chapter implements the constitutional authorization. shall also commissi Historical Note the quest Prior Law: Rev.Civ.St.1911, arts. 1096a, 1096b. commissi Acts 1913, 33rd Leg., p. 307. Vernon's Ann.Civ.St. art. 1165. members Constitutional Provisions of the rr Article 11, § 5 provides: the general laws enacted by the Legislature of (d) The "Cities having more than five thousand this State; said cities may levy, assess and a charter (5000) inhabitants may, by a majority vote of collect such taxes as may be authorized by law the qualified voters of said city, at an election or by their charters; but no tax for any pun, icy if: held for that purpose, adopt or amend their Pose shall ever be lawful for any one year, (1)(A charters, subject to such limitations as may be which shall exceed two and one-half per cent. prescribed by the Legislature, and providing of the taxable property of such city, and no 510n; that no charter or any ordinance passed under debt shall ever be created by any city,unless at (B: said charter shall contain any provision incon- the same time provision be made to assess and sistent with the Constitution of the State, or of collect annually a sufficient sum to pay the (C) 58 -4 /tom c U- _ i 4 i § 9.002 HOME--RULE - ^� ; Ch. 9 r '( interest thereon and creating a sinking fund of amended or repealed oftener than every two 4. at least two per ,r further, that nocent. thereon; citycharter shall be years." altered, x ;x Cross References ; Cities with less than 10,000 population, purchase of real estate from federal government, see ' § 253.003. Ij Law Review Commentaries j r ` :' Annual survey ies Texas aWlaw:ebsternand cor- FitzGerald,6 21 Southwestern L.J. (Tex.) 222 , porations. Charles Library References • Municipal Corporations¢=Y44, 48(1). C.J.S. Municipal Corporations §§ 88 et seq., , 89. § 9.002. Selection of Charter Commission a byan ordinance adopted (a) The governing body of the municipality may, byof least atwo-thirds municipality i on vote of its question: "Shall a commission be chosenmbership, order an election by lto frame of the municipality on theq • irter a new charter?" The governing d by dy atshall leastl 0 percent y nance order of the qualified election ' • presented with a petition g exas , of the municipality. (b) The election ordinance hall provide eneral election scheduled after the election to rethe130th day date of the municipality's nextg • but on or before the 90th day after the date the is scheduled during thatinance is period that allows However, if no general election ; � - with other requirements of law, the election shall be e sufficient time to comply i { ordered for the first authorized uniform election date other requirements 1 1e Election Code that allows sufficient time to after ly the date the ordinance is } of law and that occurs after the 30th day in the municipality. `i adopted and published in a newspaperpublished _s (c) The ballot at the election on the question ecriblity dat y Suge bs a Sucbsection nr(a) , shall also provide for the election from thester commission to draft a charter if a majority of the q i he qvoter s votin The the question of choosing a charter commission approve commission must consist of at least 15 members, but if it has more than 15 members it may not have more than one member for r each 000dinhabitants of the municipality. The ballot may not containany party dare of (d) The provisions of Subsections (a), (b), and (c) regarding the selection of ; ss andlaw a charter commission do not apply to the first charter election in a municipal by law ny pur- ity if: re year, (1)(A) the governing body of the municipality selects a charter commis- er cent.and no sion; lng; or 1, t a ass • pay nless at (B) a charter commission is selected ana chartercommission; and and (C) the mayor of the municipality appoints pay the 59 l; : i , �� MEMORANDUM CONFIDENTIAL DATE: December 7, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manage1/ RE: Discuss and Consider Termination of Legal Counsel on CRI Project and Remand Issue to U . S . EPA For Proper Adjudication And Consider $141 , 299 In Legal Cost To Date I believe that it is time for the City Council to take a long hard look at continuing to pursue possible damages in the case where I see no end in sight . It appears to me that the only people benefiting are lawyers. The City has incurred legal expenses starting in approximately 1986 . My best estimate of legal expenses to date is $105 , 327 which is not recoverable and approximately $32 ,000 in technical studies . There are six (6) critical elements which are all tied together . They are as follows : 1 ) Landfill 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 CR1 operations have had an effect on the City of Wylie' s Service Center property. In addition , the data appears to indicate that soils and possibly 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 . Therefore the City could possibly spend money for an indefinite time frame with no results and no recovery of $141 , 299 spent on the affair . GDNF1BETtI\L On September 6 , 1990 the City Council authorized our attorneys, Shipley and Inhofe , to offer a settlement of $559 ,000 . It is now December 11 , 1990 and we have heard zero from our lawyers . I have come to the conclusion that the lawyers will continue this as long as they can and the final outcome will depend upon EPA action . j o F} r e try ' it .: t��rrlr r r ' r sty}•..g. f , S �� • ba47„r ttt { y W - t�: ,1 ki"' fir f' X �ti 4i tl 13,St r%r J 5 4 'i{,r, - .cy1 4tL'1 4t"y* ,.. 'r'� ,'r SOIL AND GROUND WATER INVESTIGATION SUMMARY CITY OF WYLIE SERVICE CENTER • t' 4 ( 1 r r, t ,.rtl t { ; I �� ,1 �� E ' 1 {• ,1 l t V: .i! jig fit %4t I "'tl tt t. 33 i' ,, V , � �kr)r`q .vy ! i Sa ' ',' ' k ti S L ! J I ; t 3 T 1. 4 5 t tp y ;.t y ht _ HI I � �� �t. far ip 4 C tti !d :ti 'I ! 4t 3 t ,; i ^ b ;11i� r f �r�ttE#!j '.1 r ; t t tr i #tt�4 �; • , I •, L. { rr;V• jd r r r '• . 1,74.} }a:� t j. ,t N 1 I�t � 1 1 , , 1 ' (� 1 a v( I, 3 i tt iitltis pC �tl: +� Sri 1r , t t .rr 1.:.. • kt ft ;b 13 �:t , r tt ,. @ fY1�7 1;, r�G\i ,f ,, � a 4 „. Y u 7 •fe. • a•�`. I`Yjl ,�1 l. q 7 r ; s t °��f fi ?r�a�{, 4.a .� • -.4.. $rfi.' �t4a rg!i'C{ 1 4K'?.i' 't i4:i F;V it 2 ' -�,r, • Ai. yi yy yy.� 4 I � M'Cri ./4..".i,'�rl"* .•t 'Yt t '� a;4 i < 1,� .�94 T�, Hfi�' ti� ,r, .il �p� I 5.0 SUMMARY OF FINDINGS 0%-\10% ' - The intent of the site investigation was to develop preliminary information which might indicate if the City of Wylie's Service Center ' property has been effected by chemical releases from operations conducted on the CRI property. In addition, the investigation plan was to develop sufficient information to indicate if the City of Wylie's Service Center underground storage tank system had impacted soils or ' ground water in the area. In order to determine if the operations at the CRI property have impacted the City of Wylie's Service Center property, JN installed borings along the City of Wylie west property boundary as well as in various other locations throughout the site (see Figure 2). During the drilling of boring B-2, located at the southwest corner of the property, soils containing solvents were noted olfactorily and via the OVM. In order to determine the constituents present and quantify the level of Icontamination, JN collected soil samples from borings B-2 (12-13 feet) and B-7 (10-12 feet). The samples were analyzed for the priority ' pollutant volatile organics and the priority pollutant base/neutral/acid extractables. The sample from boring B-2 was found to contain the I following constituents: 1,4-Dichlorobenzene, 1,2,4-Trichlorobenzene, acenaphthalene, phenanthrene, dibutyl phthalate, butyl benzyl phthalate, bis (2-ethylhexyl) phthalate, di-n-octylphthalate, tri-chlorofluoro- methane, acetone, chloroform, trichloroethene, ethyl benzene, m & p-xylenes, and o-xylene. The sample from boring B-7 was found to contain the following constituents: butyl benzyl phthalate, bis (2-ethylhexyl) phthalate, trichiorofluoromethane, acetone, chloroform, and ethyl benzene. In addition to the soil borings, JN installed one monitor well (MW-2) in the southwest corner of the property and one monitor well (MW-1) in an area that appears to be up-gradient of the tank system. Monitor well IMW-2 was completed with stainless steel casing. The water samples collected indicate that solvents have entered the ground water. The Iconstituents present in the ground water samples include the following: JONES Q NEUSE I18 ( \ °�`' coy 1 ,1 ,1-tricholorethane, dichloroethene, trichloroethene, tetrachloro- Iethene, toluene, xylenes, and minimal levels of TPH. Monitor Well (MW-1) was completed with PVC casing to a depth of 18 feet below ground. The results of the site investigation indicate hydrocarbon constituents are present in the soils in the area of the underground storage tanks at the City of Wylie's Service Center. Based on the data collected from the remaining borings throughout the facility, the TPH levels are below the laboratory detection limit. The hydrocarbon contamination therefore appears to be localized in the area of the tanks. In addition to the soils data, the ground-water analytical results indicate minimal levels of petroleum. The limited data appears to indicate that there is a strongprobability P Y that the CRI operations have had an effect on the City of Wylie's Service Center property. In addition, the data appears to indicate that soils and possibly ground water immediately surrounding the underground storage tanks contain TPH. JONES & NEUSE 19 \ify 0 c)0.6-\\\ CITY OF Vcr'YLIE 2000 HWY. 78 N. - P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 September 6 , 1990 Mr . Charles W. Shipley Shipley & Inhofe Attorneys at Law 3401 First National Tower Tulsa, Oklahoma 74103 Dear Mr . Shipley, The City of Wylie has received your proposed settlement offer against customers of Chemical Recycling, Inc. Since the City staff supplied the estimate values that have been applied to the cost items , with this letter you are authorized to proceed with the initial settlement offer . The City Council authorized this process at our last joint meeting . In my opinion if the City can get $559 ,000 , . 00 then we should have no trouble in relocation of the Service Center and all ancillary activities associated with that operation. Sincerely, 1iiiaite`is Bill Dashner B City Manager cc: City Council City Secretary City Finance Director SHIPLEY & INTIOII' E �\ � ATTORNEYS AT LAW 3401 FIRST NATIONAL TOWER•TULSA,OKLAHOMA 74103 \�`� CHARLES W. SHIPLEY \E E H NE (918) 582-1720 DOUGLAS L. INHOFE ELECOPIER (918) 584-7681 MARK B. JENNINGS .SLAKE K. CHAMPLIN LESLIE C. RINN JAMIE TAYLOR BOYD September 5, 1990 BY FEDERAL EXPRESS Mr. James Johnson Director of Finance Wylie City Hall 1143 N. Ballard Street Wylie, TX 75098 Re: Settlement Dear James: My understanding from my having met with the City Council of Wylie on the evening of August 21st is that I am authorized to offer to settle all of the City's claims arising out of the Service Center against the customers of the Chemical Recycling, Inc. enterprise, as well as Chemical Recycling, Inc. itself, and its owner, Mr. Siemoneit, in return for the following: Item Value Service Center Site Market Value $ 120, 000 Investigation of Contamination on Service Center Site 42 , 600 Improvements to the Service Center Site Since Its Last Appraisal 10, 600 Sewer Line Relocation 285, 500 (est. ) Easements for New Sewer Line Location 25, 000 (est. ) Moving and Relocation of Service Center Operation and Inventory 75, 000 (est. ) $ 558, 700 Page 2 !1,!c\1 1\A4-\\\A .• My understanding is that I am to make this first offer to the PRP Group. If this is my authorization, I ask that you, or your City Manager, Mr. Dashner, confirm this to me in writing. I presently intend to meet with the representatives of the Chemical Recycling, Inc. PRP Group in Dallas on the 12th or 13th of September prior to their meeting in Dallas on September 13th. Please advise. Ve y yo rs, r es W. Shipley CWS: sab The Material Contained in this Report Should be Considered CONFIDENTIAL and NOT FOR PUBLIC INFORMATION , 010J1; 11#°4144 6 TO: MAYOR AND CITY COUNCIL FROM: BILL DASHNER, CITY MANAGER, DATE: DECEMBER 6 , 1990 1 SUBJECT: FAXED REPORT FROM SHIPLEY & INHOFE ON C5( ,ITE - SOIL INVESTIGATION - RECEIVED ON DECEMQFi'•o6, 1990 I received the attached FAXED report from S• �j y & Inhofe on the study conducted by Golder Asso '. s, Inc. of Houston. This is an executive summary o he full blown report , however the conclusions on the investigation on soil conditions is found on page 5 . I think the conclusions speak for themselves . ��y SHIPLEY & INTTOFE ATTORNEYS AT L A W 3401 FIAST NATIONAL_TOWER'TULSA,OKLAHOMA 74103 'CMARLES W SHIPLEY TELEPHONE (9161 58a-1720 DOUGLAS L. INHOFE TELECOPIER (916) 564-76B1 MARK B. JENNINGS BLAKE K. CHAMPLIN -LFSLIf. C. RIMN JAMIE TAYLOR BOYD December 6, 1990 CONFIDENTIAL( ATTOR.�IEY/CLIENT PRIVILEGED TRANSMITTED VIA FACSIMILE Mr. James Johnson Director of Finance City of Wylie Wylie, Texas 75098 Re: city of Wylie La:Kifi/1 Dear James: I was told \ . CRI PRP Group weeks ago that around the end of Novem • -�� hey expected to receive the soil investigation report • . ch their contractor, Golder & Associates, was working on. They also told me that as soon as they received the document and had a chance to read through it they would forward it to me. I called in the last week of November and was told that the report had not yet come. I called again last week and was told that it was expected soon and that I should be able to have a copy shortly. I informed the PRP Group that I was going to be in Dallas on another matter on Monday and Tuesday, December 3rd and 4th and would like to pick it up if I could. I was told it was not ready yet. While in Dallas, I attempted to reach the project officer on the CRI Project only to find that he had been detailed to New Mexico for a couple of weeks. He is, however, due back next week. I have a call into him to discuss the results of the soil investigation report which I received by Federal Express this morning. I have also attempted to reach David Buchanan this morning to inform him that I have received the soil investigation report and am Federal Expressing it down to him for his review and comment. This report consists of three volumes totalling roughly 8 inches in thickness including all the tables and drawings, etc. Nonetheless, I have copied the table of contents on Volume 1 as well as the Executive Summary for your review. The Executive Summary appears to point the finger at both the old municipal dump on the north end of the CRI property, as well as spillage from the operations at the CRI. I have not yet looked at the data from Page 2 which these conclusions are made, nor has David Buchanan. If you concur and if David's schedule would allow, I believe it would be appropriate for us to come to Wylie the week of December 17th to report to you, your City Manager and your council . As I recall, your council meetings are on Tuesday night to give you, the City Manager, and the council a review of where we are. In essence, the data that was turned up by Jones & Neuse in their borings showed such minimal levels of contamination that we have not yet been able to seriously threaten the CRI PRP's for contamination of the City of W ie's mainteralC.e prnnerty. Since we have been attempting to avoid spending a great deal of our own money testing this property, I decided we should wait until we saw what the results were from these studies. I am also aware that the CRI PRP Group is preparing a study regarding the contents of the barrels at the CRI site. I have been promised a copy of that study in the near future as well. However, it appears at this point the CRI PRPs are attempting to avoid doing studies of the ground water itself. I believe we should call cause them to do that, either by persuasion or by threat of uit. Ver Alb y yo s, c‘,:e4v(,(1, arles W. Shipley cWS:sab Enclosures cc: William Dashner, City Manager, w/o enclosures David Buchanan, w/o enclosures �/ 2../L� Golder Associates Inc. V } CONSULTING ENGINEERS REPORT ON SOIL INVESTIGATION CHEMICAL RECYCLING INC. , SITE WYLIE, TEXAS VOLUME I \�� TEXT, TABLES AND�{ C GURES w,� 4 �\ Q . Pre red by: Golder Associates Inc, Houston, Texas DISTRIBUTIONS . 7 Copies - Chemical Recycling Inc. Steering Committee 2 Copies - U. S. E. P. A. Region VI 1 Copy - City of Wylie, Texas 2 Copies - Golder Associates Inc. , Houston, Texas November 1990 893-4005 GOLDER ASSOCIATES INC.•15803 W HARDY DRIVE,SUITE JIS,HOUSTON,TEXAS,U.S.A.77080•TEL.17131931.8871•FACSIMILE 17131 231.3148 OFFICES IN UNITED STATES•CANADA•UNITED KINGDOM•SWEDEN•ITALY•Au9TRALIA 6c L� Golder GINEER$Associates Inc. J CONSULTING EN November 30, 1990 Project No. 893-4005 Mr. Robert R. Kovalak The Glidden Company Environmental Affairs Department 925 Euclid Avenue Cleveland, OH 44115 , RE: REPORT ON SOIL INVEMGAION CHEMICAL RECYCLING, 2iC SITE Dear Sir: Please find accompanying this letter the report on the Soil Investigation conducted at the Chemical Recycling, Inc. site in Wylie, Texas. This report is comprised of three volumes with Volume I containing the text, tables and figures and Volume II and III containing the appendices. The distribution to the CRI Steering Committee is as follows: • 1 . Mr. Robert Kovalak The Glidden Company Environmental Affairs Department 925 Euclid Avenue Cleveland, OH 44115 2. Mr. Charles Jordan Carrington, Coleman, Sloman & Blumenthal 200 Crescent Court, Suite 1500 Dallas, TX 75201 3. Mr. Jeff Civins Kelly, Hart & Hallman 301 Congress, Suite 2000 Austin, TX 78701 4. Mr. Howard L. Gilberg Thompson & Knight 3300 First City Center 1700 Pacific Avenue Dallas, TX 75201 GOLDER ASSOCIATES INC.•15603 W.HARDY ORIYE.SUITE 315.HOUSTON,TEXAS.U.S A.77060•TEL.(7131 931.6674•FACSIMILE(713)9314216 OFFICES IN UNITED SPATES•CANADA.UNITED KINGDOM•SWEDEN•ITALY•AUSTRALIA The Glidden Company -2- Attention: Mr. Robert R. Kovalak 89 990 November 30, 1990 5. Mr. Paul Parker Middleton, Burns & Davis 3500 Oaklawn, Suite 600 Dallas, TX 75219 It has been a pleasure working with the CRI Steering Committee on this project. If you have any questions regarding a report of if we can be any further assistance, please do not hesitate to call. ours ,C\;-N/ Very truly yours, f . ' GOLDER ASSOCIATES INC. '.%§ )V /�. 1,42,. .4- r. ''. . Sh awn McKeown, kE, Associate ::: GSM/lw IN 4 1 II 11 II /I 11 to . July 1990 -i- 893-4005 TABLE OF CONTENTS Cover Letter Table of Contents i Executive Summary I SECTION p /11 1 .0 INTRODUCTION 1 II 2. 0 SITE CONDITIONS ,,•'\ \.,, 3 PR 2.1 Site Description . . .• ;\ 3 2.2 Geology 0 c� �{c�• 5 2.3 Soil 4 ) 5 2.4 Site Drainage t 6 2.5 Site History : .° ; 7 2.6 Review of Histo*ical Aerial Photographs 9 ri 2.7 Waste Area Delineation 11 2.7.1 Buried Wastes Prior to Operation of CRI Facility 11 • 11 2.7.2 Possible Areas of Buried Wastes After Operation 12 2.7.3 Possible Surface Spill Areas and Site P 2.7.4 Road sSurfaces 14 14 3.0 PRELIMINARY .TANK AND DRUM CONSTITUENT ANALYSIS 15 II - 4.0 DESCRIPTION OF SITE ASSESSMENT FIELD ACTIVI TIES 17 illI 5.0 PRELIMINARY ACTIVITIES 19 5. 1 Subcontractors 19 5.2 Sample Numbering System 19 5.3 Preliminary Activities and Decontamination 21 II 5.4 Task 301 - Preparation of Site Survey Network 22 6.0 TASK 302 - SURFICIAL SOIL SCREENING WITH PHOTOIONIZATION II DETECTOR 24 6. 1 Surficial Soil Screening Field Activities 24 6.2 Surficial Soil Screening Results 24 II7.0 TASK 303 - GEOPHYSICAL SCREENING WITH EM-31 26 7.1 EM-31 Geophysical Screening Field Activities 26 II 7.2 EM-31 Geophysical Screening Results 26 8.0 TASK 304 - SURFICIAL SOIL SAMPLING 27 8. 1 Sampling for Priority Pollutant Metal - Field IIActivities 27 II Golder Associates July 1990 -ii- 693-4005 TABLE OF CONTENTS continued II 8.2 Sampling for Volatile Organic Compounds / PCB / Pesticide - Field Activities 29 8.3 Surficial Soil Sampling VOC Headspace Analysis - II Results 30 8.4 Surficial Soil Sampling Metals Analysis - Results 31 8.5 Surficial Soil Sampling Volatile Organic Compound I Analysis - Results . . . . . 35 8.6 Surficial Soil Sampling Pesticides and PCBs Analysis - Results 36 8.7 Surficial Soil Sampling Semivolatile Organic IICompound Analysis - Results 36 9.0 TASK 305 - SUBSURFACE SOIL ,SAMPLING 38 II 9 . 1 Soil Boring Location$ 38 9.2 Subsurface Soil Sampling - Field Activities 42 9.3 On-Site Gas Chromatography - Field Activities 45 I 9.4 On-Site Gas Chromatography - Results 47 9.5 Soil Boring Laboratory Volatiles Analysis - Results . . 49 II10.0 TASK 400 - WASTE PIT SAMPLING 52 10.1 Waste Pit Boring Locations 52 10.2 Waste Pit Sampling - Field Activities 55 II 10.3 Waste Pit Boring Laboratory VOC Analysis Results 57 10.4 Waste Pit Borings Metals Analysis - Results 58 II ' 11 .0 SITE STRATIGRAPHY 59 12.0 QUALITY ASSURANCE RESULTS 61 12.1 Rinse and Trip Blank Analysis 62 12.2 Method Blank Analysis 63 12. 3 OVM Calibration 63 /I 12.4 Field GC Calibration 64 12.5 Duplicate Analysis 64 12.6 Matrix and Matrix Spike Duplicate Analysis 64 II13.0 SUMMARY 65 14.0 REFERENCES 68 II In Order Following /I Page 68 II IIGolder Associates November, 1990 -I- 893-4005 EXECUTIVE SUMMARY The Chemical Recycling Inc. , (CRI) site encompasses five acres in Wylie, Texas. Between 1976 and 1988, the CRI facility recycled various solvents for resale. Both processed and unprocessed materials were stored on site for various lengths of time in both tanks and drums. PI This report on the soil investigation at the CRI site is pursuant 111 to an administrative order on consent dated August, 1989 between the United States Environmental Protection Agency (Region VI) and potentially responsible parties who 'are listed as respondents to • • this order. The soil investigation was conducted in accordance 1111 with the USEPA approved Work ;Plan', Health and Safety Plan and Quality Assurance Project P]an',and consisted of six major field11 tasks (preparation of site':.survey network, site screening for volatile Organic Compounds (VOCs) , conducting a geophysical survey, surficial soil sampling, soil borings and waste pit borings) . The soil investigation was carried out between April 9 and June 3, 1990 and utilized a phased approach such that the results of earlier phases were used' to optimize the information that was obtained in latter phases. The preparation of the site survey network consisted of dividing the site into 20 grids with each one divided into four quadrants. Eighteen of the grids were 100 x 100 feet square and two grid units were irregularly shaped. The grid system was surveyed into the USGS coordinate system with the corner of each grid quadrant staked. Permanent survey monuments were placed at two locations. I The surficial soil screening consisted of removing the top two inches of soil at the corners of each grid quadrant and screening the freshly exposed surface with a portable photoionization detector (PID) to measure the amount of total volatile organic Golder Associates 67 November, 1990 -II- 893-4005 compounds in the air above the exposed soil surface. Detectible amounts of VOCs were observed at five of the 96 screening locations with a maximum reading of 181 ppm. 1:: The geophysical survey consisted of obtaining conductivity readings with a non-contacting conductivity meter to identify buried 111 materials that exhibit high conductivity contrasts. Conductivity readings were obtained at the corners of each grid quadrant and 10 continuous readings monitored during East-West and North-South traverses between the grid corners. Three conductivity anomalies not attributable to cultural (fences, buildings, powerlines, etc. ) 1111 influences were identified and staked in the field. Each of the anomalies were subsequently investigated with a waste pit boring. The surficial soil sampling consisted of two parts: sampling for metals and sampling for organic$:."Sampling for metals consisted of obtaining 18-inch shelby tube')`samples in each grid quadrant with the exception of areas covered by concrete or buildings. Composite samples were prepared for each 6-inch increment for each grid and were analyzed at an off-site laboratory for 13 priority pollutant metals and barium. The metals analysis results were compared to background levels determined from published literature and areas that did not appear to be impacted by plant operations. The analytical results indicate that the number of grids with metal concentrations above background appear to decrease with depth. However, metals concentrations above background were highly variable and high concentrations were generally associated with stilibottoms and paint debris which were visible in the soil samples. The metals most commonly detected above background levels were lead, zinc, copper and chromium. In addition to acquiring samples for metals analysis, the headspace of each 6 inch depth increment from each sample was screened for Golder Associates November, 1990 -III- 893-4005 VOCs with a P10. The interval from each grid with the highest VOC concentration was resampled by driving a shelby tube adjacent to the previous location. Grids with no significant VOCs were resampled from the center of the grid. A grab sample from the depth interval with the highest PID reading was obtained from each of the 20 grids. This sample was sent for off-site laboratory analysis for 35 volatile organic compounds. Thirteen of the 20 samples analyzed for VOCs contained detectible quantities, with the highest maximum total concentration being 383,000 ug/kg. The most commonly detected VOCs were acetone, toluene and xylene. Headspace analysis indicates that samples witi;detectible VOC concentrations were approximately equally distributed within the upper 18-inches of soil but the concentrations'did not appear to decrease with depth in this surficial interval. Samples from the four' intervals with the highest PID readings on the site were also analyzed for 19 organochlorine pesticides, 8 PCB compounds and 66 semivolatile organic compounds. There were no detectible PCBs or pesticides in any of the four samples. Two of the four samples .had detectible semivolatile organic compounds with the highest maximum total concentration being 2,800 ug/kg. The two semivolatile organic compounds detected were naphthalene and di-n- octylphthlate. The soil boring program consisted of obtaining split spoon samples from 2.0 to 3.5 ft. , 3.5 to 5.0 f t. and 8.5 to 10.0 ft from each of the 20 grids using a mobile drilling rig. The borings were located in the quadrant with the highest VOC content based on the surficial soil samples. In grid units where no significant VOCs were detected, borings were drilled in the center of the grid. Samples from each depth interval were analyzed for 6 target VOCs with an on site gas chromatograph (GC) . Detectible VOC concentrations were found in approximately one-half of all samples from each depth Golder Associates November, 1990 -IV- 893-4005 interval with the highest maximum total concentration being 927,700 ug/kg in a sample from the 3.5 to 5.0 ft. depth interval of grid quadrant 11-D. Samples obtained from grids 1-6 (in the back portion of the site) were found to contain no detectible VOCs. Samples from the split spoon sample with the highest VOCs at each boring location were analyzed at an off-site laboratory for VOCs to quantify additional compounds not detected on the field GC and to provide a comparison with the field GC. The most commonly detected field GC target compounds were 2-butanone, toluene and trichloro- 111 ethene. The most commonly detected laboratory VOCs (not attribu- table to laboratory artifacts) were xylene, toluene and ethyl- benzene. The waste pit boring program consisted of 14 continuously sampled borings located in areas of reported pits and spills, geophysical anomalies and disturbed areas identified from historical aerial photographs. Thirteen of the borings,were drilled to a depth of 10 ft. and one was drilled to 15 ft.,cvThe samples from each boring H were photographed and screened w th;'a PID. The interval with the highest VOC content was sent off,site for laboratory VOC and metals analysis. Of the 14 samples;' ient for off-site laboratory analysis, two contained no detectible VOCs. Total VOC concentrations ranged up to 1 , 008,330 ug/kg. Seven of the 14 samples contained metals above background concentrations. The site screening, surficial soil sampling, soil borings and waste pit borings indicate that the upper portion of the soil has been altered in three major ways. The first is that apparent • stillbottom material and paint debris have been deposited in the upper 18-inches of soil resulting in local areas of high metals and VOC concentrations. The second is that debris consisting of wood, Plastic, glass and paper has been deposited at a depth of from 4 to 6 feet in two areas previously identified in historical aerial Golder Associates II J November, 1990 -V- 893-4005 P . photographs as disturbed areas. The larger of these two areas corresponds to the area suspected of being an old landfill. The Ithird is that soil in the area surrounding the concrete pad and drying basins exhibited VOCs at elevated concentrations to depths IIwhich, at some locations, were deeper than the scope of this investigation. 11 In conclusion, the soil investig ation at the Chemical Recycling, II Inc. site in Wylie, Texas has yielded the following observations: 1 ) The soil in rear portion of the site (quadrants 1-6) was 1: found to be generally lack4ng, detectible quantities of VOCs; and metal concentrations were generally below background levels. ��e , 2) No evidence was found andicati.ng the presence of reported 4 buried drums. \.;` 3) Buried debris was found at a depth of between 4 and 6 feet in the area delineated as a possible municipal landfill which was operated prior to initiation of CRI activities. This debris layer was found to have elevated metal and VOC concentrations. 4) Buried debris was also identified in a limited portion of the "disturbed area" in quadrants 7-10. This area appears to be separate from the possible municipal landfill area. 5) Elevated metal and VOC concentrations in the surficial soil sampling program (surface to 18 inches) appeared to be associated primarily with discolored soil zones apparently associated with buried paint debris and stillbottom materials. Golder Associates 7/ November, 1990 -VI-- 893-4005 6) Elevated VOC concentrations were observed in the soil at depths up to 15 feet in the area surrounding the former location of process facilities. ,.Since VOC concentrations were observed in the soil to "the bottom of a 15 feet deep boring, it is possible, thab these concentrations extended deeper in certain ares6;\ ' 4 . Golder Associates MEMORANDUM DATE: December 7 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage 4� � RE: Discuss and Consider Claim From Shipley and Inhofe For Legal Services , CRI Project and Consider $141 ,299 Paid To Date On Environmental Issue Attached is a claim that I received on December 7 , 1990 . This claim is in the amount of $5 , 299 .25 . If this claim is paid the City will have paid in legal costs a total of $141,299 . Attachment : Claim from Shipley and Inhofe i SHI ,P, T EY & INHOFE ATT \R EYS AT LAW 3401 FIRST NATI0 WER•TULSA,OKLAHOMA 74103 CHARLES W. SHIPLEY -.,`\:,,1 rt TELEPHONE 19181 582-1720 DOUGLAS L. INHOFE ( ��\1 TELECOPIER 19181 584-7681 MARK B. JENNINGS , 1\\J �\ \ BLSLI K. CHAMPLIN \;'��•. \') ' LESLIE C. RINN JAMIE TAYLOR BOYD ,;\ 'yr. City of Wylie Statement # 1312 Attn: James Johnson, Finance Director November 30, 1990 P.O. Box 428 238000-0001 Wylie, TX 75098 Page 1 Accounts Receivable Balance Forward $10,957 .19 Payments Received $5,890. 47- Credits or Adjustments $0.00 Re: City Landfill PROFESSIONAL SERVICES RENDERED 11/01/90 CWS t/c w/Civins 0.25 38.75 11/08/90 CWS t/c w/Jeff Civins 0. 25 38.75 11/26/90 BKC conf w/JTB 0. 25 26. 25 11/26/90 DLI conf w/JTB 0.25 38.75 1,1/26/90 JTB conf w/DLH and BKC re filing system 0. 25 20. 00 11/28/90 DLH file maintenance and organization 0. 50 12. 50 11/29/90 CWS t/c w/Civins 0. 25 38.75 Shipley, Charles W. 0.75 116. 25 Champlin, Blake K. 0. 25 26. 25 Boyd, Jamie T. 0. 25 20.00 Hubbartt, Dawn L. 0. 50 12. 50 Inhofe, Douglas L. 0.25 38 .75 Total Hours 2.00 Total For The Above Services 213 .75 EXPENSES 11/30/90 Long Distance 18. 38 11/30/90 Photocopies 0. 40 Total Expenses 18.78 Total Statement $232. 53 TOTAL AMOUNT DUE $5,299.25 Continued City of Wylie Statement # 1312 -Attn: James Johnson, Finance Director November 30, 1990 P.O. Box 428 238000-0001 Wylie, TX 75098 Page 2 This statement may not contain all costs incurred for which we have not yet been billed. MEMORANDUM DATE: December 3 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manage 44 RE: Discuss and Consider 1989 Easement Acquisition For Muddy Creek Interceptor Sewer Line In 1989 the City paid Mr . Gilbert welch $4 , 024 .00 for a sewer line easement across his property. On November 30 , 1990 Mr . Welch filed a claim against the City for $35 ,328 .00 . Mr . Welch alleges the City agreed to completely resod pasture land disrupted by sewer line construction . The official easement document had an amendment attached which was after the fact initialed by Mr . and Mrs . Welch but nobody representing the City . All bid documents and the contract with the contractor stipulates seeding not sodding . The Collin County Conservation Service requires that the area be seeded only. I have a very serious problem recommending approval especially when a great deal of money was paid for the original easement and the sewer line will enhance the value of this land a great deal . I also have a very serious problem with the procedure used on amending an original easement document . Moreover there is insufficient funds left in the project to pay this $35 ,328 unsupported claim. It cannot be proven by Public Records that this transaction was properly executed . Recommendation: 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 . Attachment : Welch Claim Easement Document with after the fact amendments . MEMORANDUM TO : Bill Dashner, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering t Q DATE: November 30, 1990 RE: Gilbert Welch Easement Muddy Creek Interceptor I have recently received a letter from Mr. Gilbert Welch regarding restoration of his property when the Muddy Creek Interceptor is completed. Two issues are critical to this claim : a) The attached easement included an amendment which stated sod will be used to restore the areas. Seed was the bid item which was used in the contract and was originally approved by the Soil Conservation Service as a minimum requirement. Neither the SCS nor Hunter Associates, Inc. knew of this easement agreement condition which was negotiated and approved by City personnel in September of 1989. (Please note that the Phase II Interceptor with Shimek, Jacobs & Finklea as Engineer does include the use of sod in the contract) . b) There is disagreement concerning whether the Contractor stayed within his construction easement. This potentially disturbed area is requested to be sodded also. The amount of the total claim presented by Mr. Welch of which the City may be directly responsible for under the easement agreement is $25, 118. 00. The Contractor is being charged by Mr. Welch for $3, 490. 00. The remaining $6, 720. 00 is related to disturbance outside the construction easement and must be substantiated. It is my understanding that this property has been up for sale for a substantial length of time. Hal Jones (Engineer) , Ray Cory and myself will meet with Mr. Welch on Monday, December 3, 1990 at 8:30 a. m. to resolve this issue. Please note that the initialed word "Ammendment" is misspelled which could make all items under that section null and void including the requirement for sod. November 27 , 1990 Mr . Paul Beaver City of Wylie Engineering Department P. 0. Box 428 Wylie , Texas 75098 Dear Mr . Beaver : Thank you for taking the time to talk with me earlier this month. I very much appreciate you co-ordinating the re-installation of my pasture fence that had been taken down by the City ' s contractor during the construction of the new sewer line. The back-filling of the excavated areas is also appreciated . I as well as city employees other than yourself have been abject failures at getting this contractor to accomodate these needs . The fence was taken down on approximately July 25 , 1990 and was not even partially re-installed until around October 25 , 1990 and the balance remained down until about October 31 , 1990. The back-filling of the two large excavated areas parallels these same dates . By August 8 , 1990, I had personally asked the Contractor ' s jobsite superintendent (Mr . Buddy Whiteside) on two different occasions to install temporary gates for his access thru the fences or to put the fences back up . Also , I asked him to install perimeter protection around the large deep excavations that were being left open for long periods of time . I know that fencing requests continued to be made by city employees after August 8, 1990. In both of my meetings with Mr . Whiteside , his response was that he didn ' t feel he had any responsibility to install temporary gates or replace any fences until the project was completed . His expressed reasoning was that the day he started construction there were not any horses in this pasture thus , he didn ' t feel that he needed to accomodate any grazing requirements on my property even though he was doing so on adjacent property . I explained to him that two days before he started actual construction on my property I had talked to his surveyors as the were leaving after staking the property . At that time my horses were grazing this pasture but I told his surveyor that I wanted to be a good neighbor and I would take my horses out of that pasture until construction started so that stakes wouldn ' t be knocked down before the construction crew was oriented to their locations . This obviously fell on deaf ears as far as Mr . Whiteside was concerned . Also , the grass has been destroyed in the entire permanant and construction easement areas except for that area across the dam where the boring took place . In addition , there is approximately 24 , 435 s . f . of area outside either easement where the grass has been destroyed . This is an area that was used by the contractor , for his convenience and without my permission , to transport his equipment from one area of construction to another . page 1 • �9 I met with Mr . Wh.I LeriIde find I.wu CI. t y c'ml' loyeen ( I)on WhI I p find Ilny Cory ) on August. 8 , 1990. In that. meeting as well as my previous meeting with him, Mr . Whiteside exhibited an attitude of arrogance and in the August 8 , 1990 meeting specifically stated that he had the right to destroy anything within the easement that he so desired without any regard to the desires or rights of the property owner . This attitude was certainlly obvious during and after the construction activity took place . A number of trees were destroyed (some unnecessarily) , fences were cut and left down , and large deep holes were dug without any type of perimeter protection to prevent horses from falling in . Also , numerous tree limbs were literally and unnecessarily torn and broken from trees , some of which were large pecan trees . It was only after extended pressure from the city over several weeks that Mr . Whiteside adequately addressed the tree limb problem. It is obvious from the above that my back pasture , the vast majority of which is outside of any city easements , has for three months been rendered totally unuseable as pasture for my horses . With nine horses this has forced me to suppliment pasture feeding as well as keep four additional horses in stalls over and above my stallion which I would have otherwise kept stalled anyway . This has caused an additional physical and financial burden which the City ' s contractor should not have forced us to endure . As a result I am asking the City of Wylie to withold from the contractors ' payments the following : A . Items not included in Easement Agreement . 1 . Stable four additional horses for three months : $ 3 , 000. 00 (4 for 3 mo . @ $250. 00/mo. ) 2 . Purchase large bales of hay for pasture horses : 70. 00 ( 2 @ $35 . 00/ea . ) 3 . Additional construction easement charge for 420. 00 area outside of the original construction easement that was used by the contractor , without owners permission , as thou it were a part of the original construction easement : ( 1 , 629 l . f . x 15 1 . f . wide = 24 , 435 s . f . / 24 , 435 s . f . @ $0. 172 - same as original rate) B. Items included in Easement Agreement . 1 . Sod additional construction easement area in the 6, 720. 00 same manner as required at the original construction easement and as required by the original Easement Agreement : ( 24 , 435 s . f . @ $0. 275/s. f . ) 2 . Sod original construction easement area as 15 , 332 . 00 required by the original Easement Agreement : ( 55 , 752 s . f . @ $0. 275/s . f . ) 3 . Sod permanent easement area as required by 9, 786. 00 the original Easement Agreement : (35 , 587 s . f . @ $0. 275/s . f . ) Total $ 35 , 328. 00 page 2 8O • Since I was told by the City two months ago that the Contractor had agreed to sod the above areas promptly and it still isn ' t done, I do not feel that I can trust the Contractor to follow-through as he should . Also , the proper period for sodding has now passed . Therefore, I would prefer that these funds now be witheld from payments due the contractor . Thank you for your attention to these matters . Please advise as soon as possible the status of this situation . Sincerely , Gilbert L. Welch page 3 • t D iVI r Parcel 12 THE STATE OF TEXAS S ' s'J ' ? • COUNTY OF COL /3 4r1 3 LIN S 44 'l r .; five Gilbert L Welch & Wanda Sue Welch J /13 ation of sum of $A.O74.nn Dollar(s) cash to meo in hann pa:11,0y the Citythe of Wylie, Texas, and other valuable considerations, receipt of which is acknowledged, do hereby give and grant to the City of Wylie, the right to construct, reconstruct, and perpetually maintain a sanitary sewer upon and across the following described property: BEING a 20 foot wide strip of land in the G.W. Gunnell Survey, Abstract No. 351,across that certain 11 . 903 acre tract of land identified as Lot 5 in the Final Plat of Lake Ranch Estates as recorded in the Deed Records of Collin County, Texas, and said 20 foot wide strip of land being more particularly described as follows : BEGINNING at a point in the east line of said Lot 5, said point bears South, 25 feet, South 01°14' 13" West, 788.4 feet more or less from the northeast corner of said Lot 5, said northeast corner being in the center of Lake Ranch Lane; THENCE South 01°14 ' 13" West, along said east line, 204 .7 feet more or less to a point; . THENCE South 01°03'37" West, along said east line, 1445.84 feet more or less to the southeast corner of said Lot 5; THENCE North 89°58 ' 17" West, along the south line of Lot 5, 20 feet to a point; THENCE North 01°03'37" East, 20 feet from and parallel to said east line, 843.7 feet to a point; THENCE North 86°38'47" West, 130. 8 feet more or less to a point in a west line of said Lot 5; THENCE North 04°53 '53" East, along said west line, 20 feet to a point; THENCE South 86°38'47" East, 128.8 feet to a point; THENCE North 01°03'37" East, 20 feet from and parallel to said east line, 582.4 feet to a point; THENCE North 01°14 ' 13" East, 20 feet from and parallel to said east line, 204.7 feet to a point; THENCE South 88°45 '47" East, 20 feet to the PLACE OF BEGINNING and containing 0.8 acres of land, more or less. IN ADDITION to said 20 foot wide permanent easement, there shall be a temporary 30 foot wide construction easement along the north, south and west sides of said permanent easement, to expire upon the completion of the construction of said sanitary sewer. TO HAVE AND TO HOLD the same perpetually to the City of Wylie, Texas, and its successors, together with the right and privilege at any and all times to •...per said premises, or any part thereof for the purpose of constructing, reconstructing, and maintaining the said sanitary sewer, on the condition that the City of Wylie, Texas, and its successors will at all times, after doing any work in connection with construction, reconstruction, and repairing of said sanitary sewer, restore said 'remises to the condition in wlict same were found before such work was un•er a en an. a .n le u9$7 o sal. ri s • n granted, the said City o_ Wylie, Texas, and its successors ewillsre nol create a nuisance or do any act that will be detrimental to said premises. AO WITNESS MY HAND THIS the day of 44.4 ,.r , 19L '. N/Ammendment Notes 1 , 2 & 3 as they appear ,Von the reverse side of this agreement , ���t�r�l � �` • 0 are hereby made as much a part of this agreement as if they had appeared in its -- M (, original draft . ACKNOWLEDGEMENT THE STATE OF TEXAS ) COUNTY OF ) BEFORE ME, a Notary Public in and for oGC�k_-e-e;��-% a County, Texas, on this day personally appeared ,r2 �r 1 lv�2c. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me t)at� • :.. 442 - executed the same fors;;:'` the: : purpose and consideration therein expressed. � • 4. GIVEN D R MY HAND AND SEAL OF OFFICE THI:S.Lhe7/ ,1).° �i dayof ___,. /c tr_.2._.4.4-c-' , 3.9/ , ,...r (-->(.. ,44 5*-1440." Notar Public, , , ;�.�� �=cd }�ty, Texas %.jujl flu,fh L. Thon+sen ACKNOWLEDGEMENT THE STATE OF TEXAS ) COUNTY OF ) BEFORE ME, a Notary Public in and for County, Texas, on this day personally appeared ,Z. •244-1) known to me to be the person whose name is subscrib d to the foregoing instrument, and acknowledged to me that0,,,, executed the same for ,p .. H 'Pt3'r'pose and consideration therein expressed. ,.�, •••.• fa; x ,`� `� O ay of GIVEN UDER//--MY HAND AND SEAL OF OFFIC�j,. THIS ��e' •,•�:5.- . '. Not ry Public, ;� � C;q b�' ;' Texas AMMENDMENT NOTES �.•-+h /-. rhvn.so r) w5W 1) All construction for a complete installation to be completed within 18 months of this date . If work is not completed by this date , a new construction easement must be negotiated with current property Owner . 2) All areas where top soil may become disturbed, as a result of . construction, reconstruction or maintenance , inside or outside of the easement , shall be fine graded to the original grades and completely s o...�.:.e.� JmIt shall be the complete and total responsibility of the City of Wylie to resolve any conflict of interest that may come about as a result of any easements that may currently exist on this same property . If conflicts occur that can not be resolved through negotiation with property Owner and existing easement holder, then this easement shall be considered secondary to any existing easements . AC EPTED�THE CITY OF YLIE THIS the �� , 19 yo. day of CITY YI, ck Trimble for ATTESTED: oF ,)os Carolyn s, C Secretary SEAL - /3 i DateyC 1 E T EY' O ftiI.c4gIIIlII1m0 1 ` • ► ► 1 . . IMPROVEMENTS . a 1 a►• 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINI 'ARCEL 1 SUR ..4 : G. W. GUNN :S ' • CT NO. 351 EXHIBIT A I LOT 3 LOT 4 N. CORM\\C�� �\ TM N 61'00.00. E I \ • 60.00' _ — — — LOT 5 LOT 10 PRESIDENTIAL N 07 w r, 11.903 Ac. ESTA_ __ 1 N 7730' w TES 65' 9 // \,�'( // �� // % / 11230' / �� / ^ / CO S AQ'46'47. E / / O // / 2ao�— P.O.B. I, // / / / / O . s oar w / / /N °t27 E JICK DRAIN / / / / ► _ - - _ --- G. -W. GUNNELL SURVEY / ABST. NO. 351 T. PAUL WITHERSPOON ED- • •- W —— CURVE DATA CURVE NO. n R S 6; � E JAMES PELL 29'1)0'00` San n,• 9at a�� B 68�D'DO' 2m an' •+.e . __ftau,'00' N 043Y83. E k20' _" ._ —, — D 9A 177 16 t A'1 a 20.0' • 1 . 93.4S• _ BILLIE JONES W _320' _N 6636'47'' 130.0 : n s O. W. HAMPTON N W — ---- - - THIS IS A DRAWN OF THE DEED OF A PORTION OF THE FINAL PLAT OF LAKE KENNETH BEVIS RANCH AS RECORDED IN THE DEED RECORDS `• . S OF COWN COUNTY, TEXAS, AND IS NOT, IN ANY WAY. TO BE CONSTRUED AS AN • N _ ACTUAL SURVEY MADE ON THE GROUND. 41 — — — . . M. McANALLY 1, . J. L. BRAND N 010 w NHUNTER ASSOCIATES, INC. ENGINEERS/PLANNERS/SURVEYORS r4- hr AMIN eta- r7111 �6- o� MDHS 1"�=300' CAD Et APPROVICD ELAKE5 III LAKE RANCH JON PUMA DAM D89012 8 89 arrr 1 or 1 MEMORANDUM DATE: December 3 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager ' RE: Discuss and Consider Adjusted Estimate Cost Figures To Reconstruct and Construct Drainage Installation For Phase I and Phase II of Akin Lane. Attached are revised cost estimates for Akin Lane , Phase I and Phase II . To complete this road properly will cost an estimated total of $59 ,000 . This includes asphalt overlay work , purchase of asphalt , tack, all underground pipes and fittings , three (3) drain basins , restoration of all driveways and driveway tie-ins , replatting cost , rental of sheep foot roller , heavy duty front end loader and other incidental costs . This $59 ,000 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 . All the $200 ,000 plus $45 ,000 Perimeter Street Funds will have been expended . Masters, Fifth, Hilltop, $123 ,000 Second, Martinez Keefer 17 ,000 Cottonbelt 26,000 Phase I , Akin Lane 29 ,000* Phase II , Akin Lane 30 ,000* $225,000 Alanis 20 ,000 TOTAL $245 ,000 Original Capital Street Program Funds $200,000 Perimeter Street Funds 45 ,000 TOTAL $245,000 * $2 ,200 included for engineering cost to plat and file this street - no plat was ever finalized and filed on this major street right-of-way. S ' ' CITY OF WYLIE PUBLIC WORKS DIVISION ` DATE: DECEMBER 4, 1990 TO: BILL DASHNER, CITY MANAGER FROM: BILL FLOWERS, DIRECTOR/P(JBLIC WOHKS 13F RE: PHASE 2 - AKIN LANE See the following sketch for drainage along Akin St. and the cemetery, also the following cost projection for drainage, base preparationpasphalt and overlay from 5th street beginning at Masters, 1500 feet to completed section at Quail Hollow sub-division and Rush Creek sub-division. Also included is the final projection on Phase I . PHASE 2 1 ) Drainage according to sketch $ 5, 000. 00 2> Rip rap according to sketch 2, 000. 00 _ 3) Equipment rental (sheep foot ro1ler & 955 Loader) 1 , 550. 00 4) Base material 2, 000. 00 5) Asphalt 550 ton @ 24. 00 ton 13v200. 00 6) Overlay contract @ 10. 00 ton 5, 500. 00 Projected total cost 9, 250. 00 PHAOE,.1 Drainage Drainage pipe along 544 or Stone Fb/. We furnish pipe only $ 495. 00 Asphalt 14, 100.00 Overlay 5, 900. 00 Conc. washout base material 4, 970.00 Rental 9055 Loader - Sheep foot roller 1 , 385. 00 Projected total --.---------- on Phase 1 $26, 850. 00 = �Ced &BF/db ^ �' �� t 9 6 l • • ..b. • ! •b 41. • •3 • • •ai 14 2 1 0cn 50 D AINAGE 3 3 ESM IT. i ® 2'x 2` X 4' Pee? CA-ctn w eja,11,1 64% raies 4 Cfraree, — w w ® IS" X 6951 X. Y2° C . P. Mine cc I— • cr, 12 11 10 9 8 7 6 5 4 F- © lb" x Qoo ' t2ourO Cov► re�e Fire L ,I ® Con&r&fie t4i vt5 Walt a ® eiQ- A4outder at ovtJJ (ewe-rerl.•...ProrerV 4414e MA 'f M`9 avid czar ViA'a4 . . • .•• •• ••S . • • . • ••• •• • • • • •S. • •• ••• �� ••..• • •••• :•.• • • ••••••••• •• .•• • III 9 8 7 6 5 4 3 2 1 A © • • • • O • •••. `. . • • ••• • 910' • • • ...., 1#1 .... ...........: •• •• 28 10 17 ■ �� - ��-^r� '�.�, i ,4 � -( C - ` _y / ct n II 16 `� _8I G.TE. &_UTIL. ESM`f. _-- AKI LANE 1 ; \— — _ . . — — - --- (/' __ 15 TP. & L. ESMT. _ \ \ 15 T. P. 6L. ESM _ ___ ___ 12 15 10 9 8(.7.... // 7 6 e \ . 5 vki 4, . , 13 14 251 D UA NAGE & fti/ MEMORANDUM DATE: November 30, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager RE: Discuss and Consider Appointments to the Wylie Master Plan/Goals Committee If the City Council is ready to start making these appointments the City Staff would like to initiate this work at the beginning of 1991 . MEMORANDUM DATE: December 6 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager / Aki4A RE: Discuss and Consider Amend ents to Newly Adopted Personnel Regulations Manual Several months ago the City Council adopted a revised and updated personnel manual . However , the City Attorney reviewed the entire document for conflicts with federal law. The following are amendments and or terminology revisions that need to be done. 1 . Section 4-5 A,C and D - Overtime Pay 2 . Section 10 - Substance Abuse Policy The recommended change is on the attached pages . These changes will bring the City in to compliance with the Fair Labor Standard Act having to do with non-exempt employees . "Drug" is defined as any substance other than alcohol that is a controlled substance. "Physician" means a licensed doctor of medicine or osteopathy or a doctor of dental surgery authorized to practice in the State of Texas . "Reasonable Cause" means that the Department Head with approval of the City Manager believes that the actions , appearance or conduct of an employee on duty is defined as indicative of the use of controlled substances . "Temporary and/or seasonal employees will not be eligible for paid holidays" . Therefore, it is recommended that the City Council approve these changes to the personnel manual . 2li "SECTION 4-5: Overtime Pay A. For nonexempt employees other than law enforcement or fire protection personnel, a workweek of one hundred sixty-eight (168) hours or seven (7) consecutive twenty-four (24) hour periods is hereby established. The workweek is from 1: 00 a.m. Monday through 12: 59 a.m. the following Monday. An employee who is required by his supervisor to work in excess of forty (40) hours in a workweek shall receive compensation for all hours actually worked in excess of forty (40) in one (1) workweek at the rate of one and one-half (1 1/2) times the regular hourly rate of pay at which he is employed. For law enforcement and fire protection personnel, a work period of two (2) weeks (fourteen (14) days) is established and shall run from 12 : 01 a.m. Monday through 12 : 00 midnight of the second Sunday thereafter. A law enforcement employee who is required by his supervisor to work in excess of eighty-six (86) hours during a work period or fire protection employee who is required by his supervisor to work in excess of one hundred six (106) hours during a work period shall receive compensation for all hours actually worked in excess of those hours in one (1) work period at the rate of one and one-half (1 1/2) times the regular hourly rate of pay at which he is employed. B. . . . . C. A nonexempt employee who is required by his supervisor to wear a pager in excess of the maximum hours set out in Paragraph A above for call-out duty, where the employee can come and go freely while on call, will be compensated for a minimum of eight (8) hours at regular pay whether he is actually called to work or not. Any nonexempt employee called to work and working in excess of the maxiumum hours provided in Paragraph A above shall be compensated as provided in Paragraph A above. If the employee must remain on or close to the City's premises where he is employed and cannot use the time freely while wearing the pager, such time is considered working time and is compensable as provided in this section. A law enforcement or fire protection employee who is required to wear a pager but who can come and go freely and who is not required to remain on or close to the City's premises and can use the time freely shall not be compensated for the minimum eight (8) hours regular pay for wearing the pager. D. Department heads listed in Section 1-2 above are considered exempt for purposes of this section and will not be compensated for overtime nor be allowed compensatory time off. " 9.9? Under FLSA, the mere requirement of wearing a pager does not mean that the employee will be entitled to overtime. If he is not required to remain within a short distance of his work station and is allowed to come and go freely, he will not be entitled to overtime. This is so even if he is required to leave a telephone number where he can be reached, such as the number to activate the pager. It seems inconsistent to pay some employees and not others for wearing a pager during their off-duty hours. There is no requirement under FLSA to compensate an employee simply for wearing a pager so long as you have not unduly restricted his freedom of movement during his off-duty hours or required him to be within a certain distance from his work station at all times. If he can wear the pager and go fishing in Arkansas, you have not restricted his movement, and there is no requirement to compensate him for the time. At your request, we have reviewed Section 10 with regard to the Substance Abuse Policy and wish to offer the following changes. The first suggestion we have is that you add a Definitions section. For that purpose, I am enclosing a copy of some definitions we used in another policy written for a city in this area. Secondly, I suggest that the first sentence of Section 10-1 be rewritten to read: It is the policy of the City of Wylie to maintain a work environment free from the use, possession, and effect of controlled substances and alcoholic beverages. Thirdly, I suggest that the first sentence of Section 10-2 be rewritten to read: In order to maintain a safe and drug free work environment for all its employees, the City of Wylie will not hire applicants for employment who are involved in abuse of controlled substances or alcoholic beverages. Next, I suggest that the fourth sentence of Section 10-2 be rewritten to read: This testing will be done by the City's designated physician at the time a preemployment physical is given. In the sixth sentence of Section 10-2, the word "requested" should be deleted and the word "required" inserted instead. The last sentence of Section 10-2 should be rewritten to read: After the twelve (12) month period, the applicant may reapply, but will again be required to submit to the normal selection process, including testing for controlled substances and alcoholic beverages. Next, the first sentence of Section 10-3 should be rewritten to read: The sale or unlawful manufacture, possession, distribution, and/or use of controlled substances or alcoholic beverages by an employee while on duty or during lunch and other breaks or at any time while the employee is on a City work site or on duty is absolutely prohibited and constitutes cause for discipline in accordance with Section 6, including dismissal. The next sentence of Section 10-3 should begin a new paragraph, still under Section 10-3, and should read: Any employee who is arrested for a drug related crime under a state or federal criminal drug statute for violations occurring on or off duty must report the arrest within three (3) days. The fourth sentence of Section 10-4 should be rewritten to read: Employees who need to enter a substance abuse treatment program will be allowed to choose their own program, provided it is submitted to the Personnel Director for review, approval and monitoring. The tenth sentence of that section should read: Any employee who has participated in an approved treatment program will be tested on an unannounced basis during the twelve (12) month period following the employee's return to work. A positive test, admission of current alcohol or illegal drug use or dependency, refusal to consent to a test, or nonparticipation in the approved aftercare program will result in discipline in accordance with Section 6. The title of Section 10-5 should be changed to "Alcohol and Substance Testing - Procedural Requirements. " The first sentence of Section 10-5 should read: The City may conduct unannounced searches or inspections of City owned property where there is reasonable suspicion of the presence of alcohol or controlled substances. The next sentence in Section 10-5 should read: These may include, but are not limited to, lockers, offices, tool chests, and desks located on said City property, work sites, and City owned vehicles. The last sentence of the first paragraph of Section 10-5 should be stricken. The first sentence of the second paragraph of Section 10-5 should be rewritten to read: When the City Manager or Personnel Director has a reasonable suspicion that an employee, at work or when reporting to work, is under the influence of alcohol or a controlled substance, or is abusing alcohol or a controlled substance, and appears to be impaired or unfit for duty, he shall require the employee to submit to a drug/alcohol test. The first sentence of the third paragraph of Section 10-5 should be rewritten to read: The department head or supervisor will submit information to the City Manager or Personnel Director which describes the incident, in writing, documenting the circumstances leading to the conclusion that a drug test is necessary. The sixth sentence of the third paragraph of Section 10-5 should be rewritten to read: The type of drug/alcohol test may be based on a urine, blood, or other type of sample as appropriate and which is medically accepted and reliable. The last sentence of the third paragraph of Section 10-5 should be deleted. MEMORANDUM DATE: December 5 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager • `M. RE: Discuss and Consider Blai , et al v. Crocker , et al , Cause No . 90-03132 and Report From City Attorney on Status Attached is a letter from the City' s legal counsel on the status of the above referenced case. 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. The City Ambulance Service (Crocker) brought the City in as a defendant . Attachment : City Attorney' s Letter l SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD • ALFRED SALLINGER (Formerly Saner,Jack, Sallinger & Nichols) ROBERT D.HEMPHILL LAWRENCE W.JACKSON Attorneys& Counselors at Law ROBERT E.HAGER TIM KIRK_' -" `\y-, 1800 Lincoln Plaza PETER G.SMITH ;ROBERT L: L itIC �} / JOHN PIERCE GRIFFIN ,°�j (!� I ; �_� i 600 N. Akard DAVID M.BERMAN ROBERT L DILLARD.JR. Dallas,Texas 75201 JOHN F.ROEHM III -H,LOUIS NICHOLS k (214)969.3333 BRUCE A.STOCKARD le- - 51990 Facsimile(214)954-3334 1 November 30, 1990 DOILY Mr. James Johnson Y Finance Director ty '/ City of Wylie i & P.O. Box 428 v fr;1;iri Wylie, Texas 75098 Re: Blair, et al v. Crocker, et al; Cause No. 90-03132 Dear James: This letter is to inform you that the Court took under advisement our Motion to Transfer Venue and in the Alternative Sever in the above-referenced cause which was set for hearing today. The Court has requested the parties to file letter briefs concerning the applicability of transferring the case to Collin County under the venue statute and the Texas Tort Claims Act when Plaintiffs have numerous causes of action against other defendants all arising in Dallas County. The letter briefs are due at the Court by December 7, 1990. I will keep you informed of the Court's ruling. If you have any questions, please feel free to call. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD By: • i __n_r_ ohn F. Roehm III JFR/gh cc: Mr. Bill Dasher City Manger . %lp MEMORANDUM DATE: December 3 , 1990 TO: Mayor and City Council FROM: Bill Dashner , City Manager • RE: Progress Report to Texas Water Commission on Action Plan for Underground Storage Tank Testing In Compliance With Federal and State Laws . The City has filed the attached report to keep them fully informed of the City' s actions on these underground storage tanks at the Service Center . • 97 NAr _As pie CITY _14p OP' WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214-442-2236 December 3, 1990 Mr. Bill Koger Texas Water Commission Petroleum Storage Tank Division P. O. Box 13087 Austin, Texas 78711-3087 Re: Underground Storage Tanks City of Wylie Dear Mr. Koger: Thank you very much for your help in the City of Wylie' s efforts to stay in compliance with all rules and regulations concerning the Underground Storage Tanks at the Public Works Building. I have recently audited the City' s records and determined that the correct number of Underground Storage Tanks to be four and consist of a 6000 gallon regular gasoline tank, an 8000 gallon unleaded gasoline tank and two 1000 gallon diesel tanks which are joined by a manifold pipe. The City correctly has reported this amount of four since 1987 and has recently notified the TWC Fee Department as such and paid the correct fees (see attached letter dated November 26, 1990) . Once the correct number of tanks ( four) had been established, I have proceeded to determine that these tanks were installed in 1984. Two of the tanks have pressurized piping (unleaded and regular gasoline tanks) with the two diesel tanks using suction type piping system. The City of Wylie on November 29, 1990 engaged the services of a certified contractor with licensed personnel who will test the pressurized piping and install the required leak detection equipment in order to be in compliance with all TWC rules and regulations by December 22, 1990. 95' Mr. Bill Koger Page 2 December 3, 1990 Per our telephone conversation on November 30, 1990 I requested permission to submit the TWC Underground Storage Tank Registration Amendment Form for release detection (see August 24, 1990 TWC letter to City of Wylie) in January 1991 so that I can review with the contractor his findings on our tanks and I can more accurately complete the form regarding material types and other technical matters. Thank you for your cooperation. Sincerely, 4 P !�-�� t Paul D. Beaver, P. E. Director of Planning & Engineering PDB/ lp xc: Bill Dashner, City Manager Sid Slocum, TWC Duncanville MEMORANDUM DATE: December 3, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Managellik, RE: Progress Report to Texas Water Commission on Elimination of Lift Stations and Pump and Haul Locations In accordance with the enforcement order the City has to notify the Texas Water Commission when lift stations are put out of order and sewer line hookups are made . Attached is a copy of that enforcement order report . /O0 .02 yte CITY OF' WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214.442.2236 December 3, 1990 Ms. Claudia Chafin Enforcement Division Texas Water Commission P. O. Box 13087, Capitol Station Austin, Texas 78711 Re: Elimination of Lift Stations and Pump and Haul Locations Dear Ms. Chafin: The purpose of this letter is to update the Texas Water Commission on the City of Wylie' s progress in the elimination of existing lift stations and pump and haul locations. The TWC had issued on June 24, 1987 an order mandating improvements to the wastewater system in Wylie, Texas. In the Spring of 1990 the Phase II Interceptor and the Muddy Creek Interceptor were contracted for a total amount of $1 , 650, 000 and construction began. As of December 1 , 1990 the two projects are considered 98% complete with cleanup, manhole tie-ins and final punchlist items to be accomplished during December, 1990. All interceptor pipes have been installed and tested. The Soil Conservation Service will allow the seeding/sodding at two easement locations to be accomplished in February, 1991 when the new growing season begins. Therefore, the City of Wylie wishes to report the following lift stations and pump and haul locations will have been eliminated by December 15, 1990 through interceptor tie-ins : LIFT STATIONS a) Southfork L. S. #1 b) Southfork L. S. #2 c) Southfork L. S. #3 (Hensley Road L. S. ) d) Community Park L. S. PUMP AND HAUL a) Presidential Estates M. H. b) Steel Road M. H. c) Hooper Business Park M. H. /0/ Ms. Claudia Chafin Page 2 December 3, 1990 The City of Wylie enacted a Sewer Ordinance in August 1990 requiring private citizen tie-ins. A City Sewer Ordinance Enforcement letter has been sent to the Bait House property owner which requires his tie-in by December 31 , 1990 which will eliminate this pump and haul location. In conclusion, on November 13, 1990 the City of Wylie City Council authorized award of a contract in the amount of $295, 000 to construct a Lift Station/Force Main/Gravity Line System to eliminate the Newport Harbor pump and haul location. The completion of this line in the Spring of 1991 will have eliminated all pump and haul locations in the City of Wylie per TWC Enforcement Order. Sincerely, Paul D. Beaver, P. E. Director of Planning & Engineering PDB/ lp xc: Bill Dashner, City Manager Charles Gill , TWC Duncanville /67' MEMORANDUM DATE: December 4 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager • " .— RE: Special Report on Funds Ex ended 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 (3) major sewer lines to help get the City off of pump and haul operations . First being the Muddy Creek Contract at a cost of $745 ,374 .25 and the second being Phase II Interceptor Contract (with change order) for $913 ,653 . 32 for a total of $1 , 659 ,027 .57 . During 1989/90 time frame the City of Wylie expended $195,088 . 65 for 56 sewer easements . This represents 9 . 75% of the total $2 ,000 ,000 to construct the two (2) sewer mains . Attachment: Detailed Documentation • /d MEMORANDUM DATE: November 8, 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager 441 RE: Phase II of Sewer Collecti n Improvements Costs to Date Revenue (as of 09/30/90) 1989 Certificates of Obligation 200 ,000 1990 Certificates of Obligation $2,000,000 (Portion Dedicated to Sewer- Sytem Improvements) Interest Earning 79 ,477 TOTAL $2,279 ,477 Expenditures to Date By Class (10/31/90 ) Total Contract Costs with Pate & Pate Muddy Creek Interceptor & $745 ,374 .25 Sanitary Sewer Systems Improvements 913 ,653.32 Phase II $1,659 ,027 .57 ry�Y R-O-W and Easements 167 ,738 . 65 Engineering 131 ,808 .28 143q Property, R-O-W and Easement 26,600 .00 Appraisal Reports Legal & Postage 600 .50 Wages, Inspection 19 ,625.76 Bond Issuance Costs - Bond, Attorney, 44 ,685 .07 Fiscal Agent & Printing (Both Issues) Payments to Pate & Pate Contractors 1,423 ,131 .32 $1,814 ,189 .58 /a 44 Contract - Pate & Pate Accounts Payable Muddy Creek Interceptor 93 ,891 .22 Sanitary Sewer System Improvements 142,005.03 Phase II Anticipated Credit for Phase II 39 ,000 .00 $196 ,896 .25 Engineering Accounts Payable Shimek, Jacobs & Finklea 2,240 .00 Hunter & Associates 400 .00 SUB-TOTAL 2,640.00 Wages 1,000.00 11Qf-( Miscellaneous ( Easement, R-O-W, Repairs) 750 .00 Aguis TOTAL PROJECTED ACCOUNTS PAYABLE $201, 286 .25 RECAP: Expenditures to Date $1,814 ,190 .58 Projected Accounts Payable 201,286.25 $2,015,475.83 Funds Available for Newport 264,001.17 Harbor Project Transfer from Impact Fund 16 ,780 .00 ($15,000 from 88 Lots to 165 plus interest Lift Station Fees) Interest Earning Through 06/30/91 12 ,200 .00 TOTAL FUNDS AVAILABLE FOR NEWPORT HARBOR $292,981.17 /G �`J MEMORANDUM DATE: November 30 , 1990 TO: Mayor and City Council FROM: Bill Dashner, City Manager • RE: Discuss and Consider Convening To Executive Session on Recruitment and Possible Selection of City of Wylie Legal Counsel and Study Credentials For Possible Selection For Interview In light of increasing legal costs the City is experiencing , the City Council may want to consider recruitment and advertising for legal counsel . If the City Council desires this I need direction on the following : 1. Full time staff attorney with office in City Hall . 2 . Part time retainer, pay on as needed as used basis . 3 . Straight fixed fee annual contract basis. When the City Council decides the type of arrangement , I can solicit employment notices and receive resumes for the City Council to consider . I received the following credentials statement from Strasser and Houssiere on December 5 , 1990 , you may want to consider it . Attachment /Oh STRASSER & HOUSSIERE Attorneys and Counselors at Law 700 East Highway 78, Suite E Post Office Box 958 Wylie, Texas 75098 Phone (214) 442-3546 Fax (214) 442-1882 December 4, 1990 Mr. Bill Dashner City Manager City of Wylie 2000 N. Highway 78 Wylie, Texas 75098 Re: Representation Proposal City Attorney City of Wylie, Texas Dear Mr. Dashner: Please accept this letter and enclosed firm resume' and service proposal as this firm's bid for consideration as City Attorney for Wylie, Texas. While satisfactory legal representation may be currently furnished to the City, our firm's local presence and competent staff can provide the City with cost-saving effective legal representation as to both expenses incurred (Fax, Federal Express, etc. ) , as well as attorney's hourly fee rate. Our service proposal is designed to service the City at a cost-savings of at least 25% under current market rate for Attorney fees. Our firm consists of two attorneys of 15 years combined experience, two permanent legal secretaries, and two contract legal assistants. Our firm resume' highlights a competent legal background for general litigation and business law representation. Mr. Houssiere and myself have developed a successful practice in the last three years due to our complementary experience. Mr. Houssiere gained experience in Federal Court litigation during his service as a Staff Attorney in the Eastern District Federal Court in Beaumont, Texas. During his service as Assistant County Attorney for Hunt County, Mr. Houssiere represented the County in civil litigation in State and Federal Court; as well as in an advisory capacity as Attorney for the Hunt County Commissioner's Court, relative to competitive bidding, governmental contracts, condemnation, roads and parks development, and federal employment issues. Having had the opportunity to represent a major oil company for six years, I have experience in real estate, oil and gas, regulatory agency representation, and complex litigation in federal and state court. Serving as Assistant District Attorney in Hunt County provided me with extensive Texas State Court procedural experience. Our resume' indicates a commitment to the City of Wylie and Collin County, both socially and legally. We sincerely appreciate your consideration of our firm and would be glad to provide additional information or personally meet with the City Council in this regard. Very trul yours, Michael L. Strasser MLS;M ENC. STRASSER & HOUSSIERE Attorneys and Counselors at Law 700 East Highway 78, Suite E Post Office Box 958 Wylie, Texas 75098 Phone (214) 442-3546 Fax (214) 442-1882 PRACTICE General Civil and Criminal Trial and Appellate Practice. Environmental, Casualty Insurance, Personal Injury, and and Business Law. Neither Attorney is Board Certified as to any area of Legal Specialization. MEMBERS MICHAEL L. STRASSER, born New Orleans, La. , September 6, 1955. Admitted to practice in Louisiana, 1981; Texas, 1987; Washington, D. C. , 1987 ; Federal Courts for the Eastern District of Louisiana, Eastern, Northern and Southern Districts of Texas. Preparatory Education, Louisiana State University (B.S. 1977) ; Legal Education, Louisiana State University (J.D. 1980) . Member State Bars of Texas, Louisiana, Washington, D.C. , American Bar Association, Collin County and Dallas County Bar Associations, Board of Director - Wylie Chamber of Commerce, Board of Director - Collin County Foster Parents Association, Mock Trial Coach for Wylie High School and Wylie Middle School. Trial Experience, twenty-three jury trials in State and Federal Courts; Appellate Experience, ten Appeals in State and Federal Court. Formerly Assistant District Attorney, Hunt County ( 1987-1988) ; Litigation Attorney for Chevron U.S.A. , Inc. ( 1981-1987 ) ; uniformed police officer, New Orleans area Law Enforcement agencies ( 1976-1978) . STEVEN C. HOUSSIERE, Born New Braunfels, Texas September 20, 1956. Admitted to practice in Texas, 1985; Federal Courts, Northern District of Texas, 1987, Fifth Circuit Court of Appeals, 1987 . Preparatory Education, University of Texas, (B.B.A. 1978) ; Legal Education, Southern Methodist University (J.D. 1984 ) . Member State Bar of Texas. Assistant County Attorny, Hunt County ( 1987-1989) ; Briefing Attorney to the Honorable Joe J. Fisher, Senior U. S. District Judge, Eastern District of Texas ( 1984-1985) . REPRESENTATIVE CLIENTS Beresford-Mocatta, Ltd. Underwriters, Lloyds of London, London, England. National Truck Underwriting Managers, Inc. , Minneapolis, Minnesota. Southeastern Paralegal Institute, Dallas, Texas Helmberger Associates, Wylie, Texas. Wallhill & Sturne, Inc. , Wylie, Texas. M.B. Structures, Wylie, Texas. Southwest Starter Drive, Inc. , Wylie, Texas. Eagle's Nest Cathedral, W. V. Grant Ministries, Dallas, Texas. Tyler Firefighters Association, Tyler, Texas. Texas Conference on Police Societies, Houston, Texas. //6 STRASSER & HOUSSIERE Attorneys and Counselors at Law 700 East Highway 78, Suite E Post Office Box 958 Wylie, Texas 75098 Phone (214) 442-3546 December 4 , 1990 Fax (214) 442-1882 Mr. Bill Dashner City Manager City of Wylie Wylie, Texas 75098 SERVICE PROPOSAL The following fees and associated services are provided as a proposal with regards to legal representation offered to the City of Wylie. I. Attorney services offered at an hourly rate of $65.00 per hour: A) Legal/Letter opinions; B) Legal Research, C) General Consultation, in person, by telephone, or otherwise; D) Attendance at all Council Meetings; E) Representation during any non-litigation matter, ie. Administrative hearings, Real Estate (RTC) negotiations, Contract review, Contract or Real Estate closings, F) Travel time to any representative location; G) Tax collection lawsuits, including court- appearances and trial (if needed) ; H) Any other service not involving Litigation listed in part III of this proposal. This rate of $65.00 per hour shall be paid as a monthly retainer in advance of legal services rendered. This rate contemplates a minimum monthly hourly demand for services of 80 hours (20 hours weekly) ; with a minimum monthly retainer of $5,200.00. This rate will be limited to a maximum monthly hourly demand of 100 hours (25 hours weekly) . II. Attorney services offered at an hourly rate of $85.00 per hour: A) Those services listed in Part I above which exceed either 25 hours in one week, or 100 hours monthly. B) Post-litigation matters, such as execution of Judgments, Post-Judgment Discovery, and levy of execution. III. Attorney services offered at an hourly rate of $125.00 per hour: A) Any matter involving litigation initiated by a formal Petition or defended by a formal Answer, excluding tax collection lawsuits and post-litigation matters. B) Apellate matters; C) Matters involving extraordinary writs, or expedited judicial relief, such as injunctions, temporary restraining orders, Habeas Writs, Mandamus Applications, writs of sequestration or attachment. IV. Services provided by Certified Legal Assistants at an hourly rate of $40.00 per hour. If any service is completed with the assistance of a certified legal assistant in lieu of any attorney performing same, such service shall be at the rate of $40.00 per hour. V. Expenses to be billed at actual costs; included, but not limited to, travel expenses, mileage at 25 cents per mile, photocopies, Long Distance telephone, courier, etc. VI. A monthly billing shall be provided the City for fees and expenses. The deposit of a monthly retainer shall be due upon an agreed date of each month, and not be conditioned payable upon receipt of the monthly billing. Expenses billed shall be paid within ten ( 10) days of receipt of such bill. The above proposal generally outlines our submitted fee structure. It is anticipated that most services will be provided at the hourly rate of $65.00 per hour. A formal agreement would be submitted upon request. Very truly yours, /gd Michael L St sser MLS:M //p1