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09-24-1991 (City Council) Agenda Packet DATE POSTED 9-20-9 TIME POSTED 5 : 00pm AGENDA REGULAR CITY COUNCIL MEETING CITY Off WYLIE, TEXAS TUESDAY, SEPTEMBER 24, 1991 7:00 P. M. COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 5 Consider approval of the minutes of the July 16th and 23rd City Council meetings 2 6 - 7 Consider approval of a Resolution for Mental Illness Awareness Week - October 6 - 13, 1991 3 8 Discuss and Consider authorizing sealed competitive bids for Employee Group Health and Life Insurance 4 9 - 13 Discuss and Consider Texas Water Commission Letter in Relation to Underground Storage Tanks at City Service Center Site 5 14 - 20 Discuss and Consider selection of Consulting Engineer to prepare Technical Plan to close the Wylie Municipal Landfill in compliance with State Health Department Regulations 6 21 - 34 Discuss and Consider Financial Report Through Eleven (11) Months of FY91 - Period Ending August 31, 1991 7 35 - 41 Discuss and Consider Interlocal Governmental Agreement with Collin County on Armory Project 8 42 Conduct Public Hearing for the Insert purpose of hearing comments from the citizens of Wylie on the FY92 Budget 9 43 Discuss and Consider adoption of an Ordinance putting into effect on October 1, 1991 the FY92 Budget for the City of Wylie 10 44 - 45 Discuss and Consider adoption of an Ordinance for the Tax Rate and Levy upon all taxable properties as a part of the FY92 City Budget ORDER OF PAGE BUSINESS REFERENCE BUSINESS 11 CITIZEN PARTICIPATION In accordance with the Open meeting Act, the City Council will hear comments of public interest from citizens residing within the city limits of the city of Wylie. Any discussion must be limited to placing the item on a future agenda for further consideration. Wylie residents wishing to speak before Council should fill out the form provided at the back of the Chambers and limit remarks to a maximum of five (5) minutes. 12 Adjourn - CITY COUNCIL CALLED MEETING AND WORK SESSION MINUTES JULY 16, 1991 The City of Wylie City Council met in a called meeting and work session on Tuesday, July 16 , 1991 at 6:30 P.M. in the Council Conference Room 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 Mayor John W. Akin , Mayor Pro Tem Jay Davis, City Council Members Percy Simmons, Ortie Messenger , William Martin and Don Hughes, City Manager Bill Dashner , City Attorney Steve Deiter, Secretary Anita Collins, City Secretary Carolyn Jones and members from the Development Corp of Wylie Inc. , Board and the Chamber of Commerce. Councilman Jim Swartz was absent. Mayor Akin called the meting to order , and recessed the open meeting and convened Council at 6 : 32 P.M. into Executive Session under the Authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "e" - Consultation with City Attorney regarding Southfork Mobile Home Park litigations . Mayor Akin reconvened Council into open session at 7 :05 P.M. and called the work session to order. The City Council and Development Corp . of Wylie, Inc. discussed the reporting of the Development Corp. of Wylie to the Council , the official minute book being kept in City Hall . There was discussion that the reports and the budget should be done in a timely manner and the Development Corp . of Wylie, Inc. stated that they were working on the budget and would give it to Council as soon as possible. After some discussion, it was noted that the official minute books would be kept with the official records of the City. Each board represented agreed that everyone needed to work together in order to build a better Wylie. Mayor Akin recessed the open meeting and convened Council back into Executive Session at 9 :55 P.M. under the Authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "e" - to continue discussion with the City Attorney on litigations with Southfork Mobile Home Park. Mayor Akin reconvened Council into open session at 10: 50 P.M. and call for a motion to adjourn . A motion was made and seconded with all in favor . to adjourn. John W. Akin, Mayor ATTEST: Carolyn Jones, City Secretary CITY COUNCIL MEETING MINUTES JULY 23 , 1991 The City of Wylie City Council met in regular session on Tuesday, July 23 , 1991 at 7 :00 P.M. in the Council Chambers of the Municipal Complex . Those present were Mayor John W. Akin, Mayor Pro Tem Jay Davis, Council Members Percy Simmons, William Martin, Don Hughes, Ortie Messenger and Jim Swartz , City Manager Bill Dashner , City Secretary Carolyn Jones, City Attorney Steve Deiter and City Engineer Paul Beaver . Mayor Akin called the meeting to order and Scott Brown of the First Baptist Church gave the invocation, followed with the Pledge of Allegiance. FINANCIAL REPORT THROUGH THE FIRST NINE (9) MONTHS OF FY91 (JUNE 30, 1991) : City Manager Bill Dashner stated that through the first nine months of the fiscal year the City is reflecting a $304,105 positive balance in revenues to date versus expenditures. Total revenues collected for the fiscal year - $4 ,979 , 925 and expenditures - $4 ,675, 820 , for a positive balance of $304 ,105 . To mitigate any shortfall that is possible in the budget I have taken the following action: 1 . Effective immediately there will be" absolutely no more overtime authorized from today, July 15 , 1991 , to october 1, 1991 . 2 . Effective immediately there will be no more capital items authorized for the remaining portion of this fiscal year . 3 . All expenditures in excess of $50 . 00 must be approved in advance by the City Manager . 4 . There can be no exceptions to these rules except as authorized by me personally. The City has $2 ,838,378 in investments as of this date. COMPLIANCE WITH SECTION 4 , ARTICLE D OF THE CITY CHARTER, TRANSFER OF APPROPRIATIONS AND AMENDMENTS TO FY 91 BUDGET: City Manager Bill Dashner stated that the Charter , Article D, Section 4 reads : "At any time during the fiscal year , the City Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Upon written request by the City Manager, the City Council may, by budget amendments, transfer part or all of any unencumbered appropriation balance from one department, office, or agency to another . These budget amendments will be ready for Council to approve on the August 27 , 1991 City Council meeting . CONSIDER JULY 11 , 1991 MEETING BETWEEN CITY OF WYLIE, STATE DEPARTMENT OF TRANSPORTATION , BROOKSHIRES GROCERY, INC. AND PHYSICIANS REGIONAL HOSPITAL: City Manager Bill Dashner stated that after much discussion, conclusion was reached on the final points : 1 . Brookshires and the Hospital will try to negotiate a shared drive. 2 . If Brookshires and the Hospital are successful in negotiating a shared drive the State will design and put in signals at the State' s expense. 3 . Pending no successful conclusion of a shared drive the State and the City of Wylie will allow Brookshires to have their own independent egress and ingress to Highway 78 . This will mean no signals anywhere. 4 . The Hospital will not dedicate their private drive to the City. The next step is to wait and see if Brookshires and the Hospital can reach an agreement on the shared drive. ADOPTION OF A RESOLUTION ESTABLISHING THE AUTHORITY OF THE MUDDY CREEK ADVISORY BOARD: This Resolution has been approved by Murphy, Rowlett and Sachse which sets up the power and authority of the Board to act on behalf of each member city. A motion was made by Councilman Swartz to approve the resolution establishing the authority of the Muddy Creek Advisory Board. Seconded by Councilman Messenger . The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Davis, Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . ACCEPTANCE OF CERTAIN REAL PROPERTY AS A DONATION FROM THE FEDERAL GOVERNMENT: The Resolution Trust Corporation has donated a tract of land with a house to the City. A title search has been started but is not complete at this date. This tract of land would be used for Park and Recreation facilities. The Council needs to formally accept the deed to the property and approve and sign the indemnification agreement . A motion was made by Councilman Messenger to approve the donation of real property from the Federal Government with the stipulation that a clear title after the title search has been completed . Seconded by Councilman Martin. The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor, Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF E. L. DALTON PAY REQUEST #6 FOR NEWPORT HARBOR SANITARY SEWER PROJECT: The pay request is in the amount of $8,504 . 20 for work accomplished on the Newport Harbor project . Staff recommends approval . A motion was made by Councilman Hughes to approve payment request #6 to E. L. Dalton in the amount of $8 ,504 .20 . Seconded by Mayor Pro Tem Davis. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor, Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF PAYMENT OF CLAIM FOR INVOICE #9111D FROM HELMBERGER ASSOCIATES ON THE OFFICIAL ZONING MAP: This payment of claim is in the amount of $2 ,321 .05. The zoning map is virtually complete with fine tuning being accomplished . Staff recommends payment of this claim. A motion was made by Councilman Martin to approve payment of $2 ,321 .05 to Helmberger and Associates. Seconded by Mayor Pro Tem Davis. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor, Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . APPROVAL OF PAYMENT OF INVOICE 0037275 TO TALEM, INC. FOR LANDFILL MONITORING WELLS QUARTERLY REPORT: This invoice is in the amount of $1,845 .00 and is for State Department of Health required quarterly monitoring well testing and analysis . Staff recommends payment of this invoice. A motion was made by Councilman Hughes to approve payment in the amount of $1,845.00 to Talem, Inc . Seconded by Mayor Pro Tem Davis. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor . This motion carried with all in favor . AWARDING COMPETITIVE BIDS ON UPGRADING POLICE, FIRE AND 911 EMERGENCY COMMUNICATIONS SYSTEM: Staff received two bids for the upgrading of the communication system for police, fire and 911 emergency, they were as follows : Motorola - total bid $44 ,770 .00 - payment plan $10 , 531 .16 Global Electro-Comm - total bid $39 ,989 .35 - no payment plan The bid from Global Electro contains several exceptions and deviations, the most noteworthy of which is the failure to offer the necessary lease/purchase agreement. Staff recommends award. of bid to Motorola for the total system price of $44,770 .00 with annual lease/purchase payment of $10,531 .16 over a five year period. A motion was made by Mayor Pro Tem Davis to award bid to Motorola in the amount of $44,770 .00 with lease purchase agreement in the amount of $10,531 .16 annually for five years . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor, Mayor Pro Tem Davis, Councilman Swartz - against, Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - against, and Councilman Simmons - in favor. This motion carried with five (5) in favor , and two (2) against. CONSIDER COMPUTER EQUIPMENT SOFTWARE AND HARDWARE PROPOSALS AND FUNDING REQUIREMENTS: The City Finance Director stated to Council a few weeks back that he could prepare the Hardware, Software , Financial Management and Date Processing needs for the City of Wylie. There has been two proposals made for Council to look at, one is in the amount of $141 , 108 . 00 , and is a IBM AS400/D06 Computer/CPU and the second proposal is in the amount of $136 ,765 .00 and is a IBM PC Novell 386 Network Server CPU. A motion was made by Mayor Pro Tem Davis to proceed on an itemized computer system breakdown. Seconded by Councilman Messenger . The vote was as follows: Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor , Councilman Martin - in favor, Councilman Hughes - in favor , Councilman Messenger - in favor , and Councilman Simmons - in favor. This motion carried with all in favor . CONSIDER FY91 CITY AUDIT: As of this date an audit firm has not been selected to do the City' s yearly audit. Staff would like some guidance from the Council on the process of selecting an audit firm. A motion was made by Councilman Messenger to authorize City Staff to go out with RFP for FY 91 City Audit . Seconded by Councilman Simmons. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Davis, Councilman Swartz - in favor , Councilman Martin - in favor , Councilman Hughes - in favor , Councilman Messenger - in favor, and Councilman Simmons - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Mayor Akin invited the residents who reside within the City limits of Wylie wishing to address the Council to come forward at this time, to state their name and address for the record and to keep their comments to within five minutes . Pat Stemple of 10 Glen Knoll Dr . - addressed the Council about the plaque that was to be put in the Veterans Court Yard, about the joint meeting with EDC, Chamber and Council and the By-laws of EDC, and the pulling of meters at Southfork Mobile Home Park, and the problem is with owners of Southfork not the residents. Reta Allen of 311 Hilltop - stated that the culvert at the south side entrance to the cemetery has not been put back in and would appreciate this being done. Gary Estes of Southfork Mobile Home Park - has worked with computers for 20 years and he addressed the Council on purchasing and installing piece mill basis. Mayor Akin recessed the open meeting and convened Council into Executive Session at 8 :50 P.M. under the Authority of Article 6252-17 V.A.C.S. , Section 2 paragraph "e" - discuss litigations with City Attorney on Southfork Mobile Home Park, et al v . City of Wylie and Court proceedings as of July 17 , 1991 . Mayor Akin reconvened the Council into open session at 9 : 50 P.M. and called for a motion to adjourn as there was no matters of business from executive session. A motion was made and seconded to adjourn with all in favor. John W. Akin, Mayor ATTEST: Carolyn Jones , City Secretary S MEMORANDUM DATE: September 20 , 1991 TO: City Council FROM: Bill Dashner, City Manage RE: Discuss and Consider Authorizing Sealed Competitive Bids for Employee Group Health and Life Insurance Based on a legal opinion the City must solicit sealed competitive bids on the above referenced subject. The City had solicited competitive proposals . There are only five (5) or so major carriers that will bid on this, in my judgement . The City had solicited three of those. Therefore, authorization is requested to solicit bids on the following specifications : Comprehensive Health, Life and AD&D for the City of Wylie employees. Approximately 68 employees . City will provide employee census for those wishing to bid . Require: Preventive care plan Prescription co-pay Dental Plan Life/AD&D: Double annual salary Will Consider all types of health care plans . Brokers may present plans from not more than two separate providers . We are looking at an effective date of November 1 and not later than December 1 . MEMORANDUM DATE: September 19 , 1991 TO: City Council FROM: Bill Dashner, City Manage /104*h RE: Discuss and Consider Texas Water Commission Letter in Relation to Underground Storage Tanks at City Service Center Site In the budget I submitted to the City Council I recommended $100,000 to replace these aged tanks in the next fiscal year . However , the City Council at a budget workshop removed the $100,000 . I would seriously suggest that the Council make arrangements to finance the replacement of these tanks within the next fiscal year' s budget for the reasons stipulated in the attached letter . Attachment: Letter from Texas Water Commission • • • • John Hall,Chairman �" ... B.J.Wynne,III,Commissioner e�'� John E.Birdwell,Commissioner 's; '--;z, TEXAS WATER COMMISSION PROTEC77NG TEXANS'HEALTH AND SAFETY BY PREVENT/NG AND REDUCING POLLUTION September 10, 1991 CERTIFIED MAIL Mr. Bill Dashner City Manager • City of Wylie P. 0. Box 428 Wylie, Texas 75098 Re: Subsurface Hydrocarbon Contamination at the City of. Wylie Public Works Facility, Wylie (Collin County) , Texas (LPST ID No. 91227) Dear Mr. Dashner: We have completed our review of the investigation and remedial procedures addressing subsurface hydrocarbon contamination at the above-referenced facility as provided in the report submitted by your letter dated June 19, 1991. After careful review of all the available information provided and pursuant to Title 31, Texas Administrative Code (TAC) , Section 334.78 - 334.81, we conclude the following actions should be pursued in order to further address the contamination at this site: 1. Provide a site map drawn to scale indicating the location of all monitor wells At this site. In addition, provide the following information for each of these monitor wells: • the purpose of the monitor well, i.e. monitoring, disposal, recovery, etc. ; and • the agency requesting or requiring the use of the monitor well, i.e. Texas Department of Health (TDH) , Environmental Protection Agency (EPA) , etc. 2. Since the areal extent of the residual soil and dissolved-phase hydrocarbon plumes have not been fully delineated by the existing borings/monitor wells, you are requested to install a sufficient number of additional monitor wells in appropriate locations to define the full extent of the existing contamination. Soil samples should be collected during the boring process and analyzed for benzene, toluene, ethylbenzene, total xylenes (BTEX) , and total petroleum hydrocarbons (TPH) . There should be at least one uncontaminated upgradient and one uncontaminated downgradient monitor well at this site. If sample analyses indicate any perimeter well is impacted with P.O.Box 13087 Capitol Station • 1700 North Congress Avenue • Austin,Texas 78711-3087 • 512/463-7830 PRINTtD ON RECYCLED PMTR Mr. Bill Dashner Page 2 hydrocarbons, the extent of contamination beyond that well must be determined with additional monitor wells. 3. Following the installation and development of the additional monitor well(s) , groundwater elevation measurements should be collected for all site monitor wells and utilized to prepare an updated groundwater gradient map. Subsequently, representative groundwater samples should be collected from all monitor wells and analyzed for benzene, toluene, ethylbenzene, total xylenes (BTEX) , and total petroleum hydrocarbons (TPH) . 4 . Submit background water quality information for the impacted groundwater. This should include the total dissolved solids (TDS) content of the impacted groundwater. 5. Submit signed laboratory reports providing the results of all sample analyses and a description of sample collection and analytical procedures. Only EPA-approved methods will be accepted for the collection and analysis of samples utilized to determine waste classifications and final cleanup levels.Benzene, toluene, ethylbenzene, and total xylenes (BTEX) in soil and water samples should be quantified using EPA Method 8020 (GC/PID) with EPA Method 5030 (Purge and Trap) . Total Petroleum Hydrocarbons (TPH) in water samples should be quantified using EPA Method 418. 1 (IR) or ASTM D3328-78, Method B (GC/FID, capillary column procedure) . TPH in soil samples should be quantified in the same manner as TPH in water samples except that samples should be prepared with EPA Method 3540 (Soxhlet extraction) or EPA Method 3550 (Sonication extraction) using fluorocarbon 113 as the extraction solvent. 6. Submit copies of the signed State of Texas Water Well Reports (WWD-012) for all additional monitor wells installed at this site. 7. Provide an updated site map drawn to scale indicating the location of all former and current UST systems and any additionally installed borings/monitor wells. 8. Provide an account of the disposition of all contaminated soils and water, recovered product, or any associated wastes including borehole cuttings and groundwater removed during well purging/development procedures. If wastes have been or will be transported off-site for disposal or recycling, copies of signed receipts from the receiving facility as well as any requested uniform hazardous waste manifests must be provided. 9. Finally, based upon the complete definition of the extent of contamination, develop and submit a proposal for the completion of remediation of the existing soil and groundwater contamination at this site. Mr. Bill Dashner Page 3 A written response to this letter that adequately addresses the completion of the aforementioned items should be submitted to this Office within forty-five (45) days from the date of this letter. The LPST ID Number should be included on all correspondence. Please note, if you determine that contamination from the release has migrated off-site you are required, pursuant to 31 TAC Section 334 .82 (b) , to notify the affected landowner(s) . Copies of all correspondence with this Office must be provided to our District 4 Field Office in Duncanville to the attention of Ms. Melissa Tanksley. You are also required to notify Ms. Tanksley at 214/298-6171 at least forty-eight (48) hours in advance of conducting any significant on-site investigation or remediation activities including excavation and/or the installation of soil borings/monitor wells. Should you have any questions regarding this letter, please contact me at 512/371-6283. Your cooperation in this matter will be appreciated. Sincerely, :31444 62/48‘444071.,- Delonda Alexander Responsible Party Remediation Section Petroleum Storage Tank Division 5 DSA/mk 91227.rev cc: Melissa Tanksley, TWC District 4 Field Office (1019 N. Duncanville Road, Duncanville, Texas 75116-2201) • /19 \lglie CITY OP' WYLIE 2000 HWY 78 N - P.O. BOX 428 WYLIE,TEXAS 75098 214.442.2236 • September 16, 1991 • Ms. Delonda Alexander Responsible Party Remediation Section Petroleum Storage Tank Division Texas Water Commission P. 0. Box 13087, Capitol Station Austin, Texas 78711-3087 Re: Subsurface Hydrocarbon Contamination at the City of Wylie Public Works Facility, Wylie (Collin County) , Texas (LPST ID No. 91227) Dear Ms. Alexander: In response to your letter dated September 10, 1991, attached is a copy of a report prepared by Jones & Neuse concerning ' the Wylie Service Center. This report shows the location of additional monitoring wells which were installed to evaluate the Chemical Recyclers Inc. (now an EPA managed closing project) which is next to Wylie Service Center. Until approximately one year ago, the City of Wylie was involved in potential legal action against CRI. The EPA now handles the case. Please evaluate this report with respect to your September 10, 1991 letter and inform me if this answers any of your questions. I believe the City could use these existing monitoring wells if additional testing is necessary. Please contact me as soon as possible. Sincerely yours, P c. Paul D. Beaver, P.E. City Engineer PDB/ms Enclosure MEMORANDUM DATE: September 19 , 1991 TO: City Council FROM: Bill Dashner , City Manage dibletim•ft.... RE: Discuss and Consider election of Consulting Engineer to Prepare Technical Plan to Close the Wylie Municipal Landfill In Compliance with State Health Department Regulations . The City Engineer, Mr. Paul Beaver solicited competitive proposals for this project . The four (4) ' companies who submitted proposals are as follows: A) Jones & Neuse, Inc. (Houston/Austin) B) Helmberger Associates (Wylie) C) HDR Engineering , • Inc . (Dallas) D) Team Consultants (Arlington/Dallas) I have analyzed the four (4) proposals and I am recommending that Helmberger Associates be selected. I am basing my recommendation on the following factors : A) A local firm with a proven track record, familiar with the problems . B) Trust accountability C) Technically competent D) City of Wylie has a history of being ripped off by high powered consultants and lawyers who fly in and out of the City. • • • • • • /02 MEMORANDUM TO: Bill Dashner, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering 1:)13 DATE: September 18, 1991 SUBJECT: Closure Plan Consultant Evaluation The City of Wylie has now completed the necessary September 1991 monitoring well testing and the Texas Department of Health will analyze the split samples and our related results. Typical Type II Municipal Landfill test results are expected. A TDH directive to the City is expected in early October which will require a completed Landfill Closure Plan to be submitted to the State within 45 days of the directive' s date ( i . e. , approximately November 15, 1991 ) . In order to expedite this project, aerial surveying will be accomplished during the week of September 16-20, 1991 and a topographic map with one foot contours will be prepared. This information will be available for use in the Landfill Closure Plan. The City now needs to select a consulting engineering firm to prepare the Landfill Closure Plan. Once the landfill closure plan is approved by the State of Texas, the City will develop plans and specifications and initiate the required closure construction. Four environmental engineering companies were requested to submit a Statement of Qualifications. These companies were as follows : A. Jones & Neuse, Inc. (Houston/Austin) B. Helmberger Associates (Wylie) C. HDR Engineering, Inc. (Dallas) D. Team Consultants, Inc. (Arlington/Dallas) My analysis of similar closure plans indicates that the document consists of ( 1 ) regulatory requirements ; (2) construction sequences, i . e. , what actually has to be accomplished ; (3) cost estimates and (4) closure calendar schedule. For the typical Type II Municipal Landfill this document is not extremely complex, although it is very important that the closure plan addresses and solves all TDH mandated requirements. There will be no time or additional monies available to correct any oversights. • • • • /V Parameters that I feel important in the selection process are as follows : 1 . Demonstrated experience to do the job. 2. Available manpower for a fast track project. 3. Working relationships with TDH/EPA officials. 4. Capability to interpret monitoring well data. 5. Area office for immediate response to City requests. Listed below is a brief analysis of the environmental engineering consultants : JONES & NEUSE, INC. This company is currently under contract with the City to perform monitoring well construction and data analysis at the landfill and the Wylie Service Center . Technical skills are excellent and response time to City requests has been above average. The firm has offices in both Houston and in Austin, with many of their employees possessing applicable State Agency experience. This company has greater than 50 landfill closure, geotechnical and landfill operational projects. Seven extremely qualified individuals in the area of landfill closure are available for the project team. HELMBERGER ASSOCIATES This Wylie based company is currently under contract with the City to perform topographic mapping related to the closure plan, has developed the official Wylie Zoning Map and has provided engineering services related to plat review and utility designs. Civil technical skills are excellent and response time to City requests has been excellent with demonstrated dedication to quality projects. This company has been locally owned since 1988. The chief engineer is licensed in both Texas and Oklahoma, with over 35 years of experience in design, construction management, water resources systems analysis, long range planning, and management of environmental compliance efforts spanning the complete spectrum of environmental law. Direct experience in 50 landfills has been demonstrated. This company has a professional working relationship with the TDH environmental staff . Besides the chief engineer, an additional 2 professional environmental engineers and 1 environmental technician will comprise the project team. HDR ENGINEERING, INC. This company is national in nature with 23 business offices and 6 project offices. State offices in Texas include Dallas and Houston. They are not under contract with the City at this time. An analysis of their Statement of Qualifications indicates excellent technical skills in the areas of landfill closures. Their project list demonstrates over 50 landfill closures and related planning, permitting design, and monitoring etc. Four extremely qualified individuals consisting of a project manager, hydrologist, project engineer and regulatory engineer will consist of the project team. TEAM CONSULTANTS, INC. This company is regional in nature with offices in Arlington and Dallas. They are not under contract with the City at this time. , An analysis of their Statement of Qualifications indicates excellent technical skills in the areas of landfill closures. Their project list demonstrates 20 landfill related projects plus 8 underground storage tank remediations. Their project team consists of 7 individuals in the field of environmental engineering, geotechnical engineering, and construction material testing, with special interests in solid waste disposal , storage, and containment facilities ( 139 years combined experience) . I have analyzed the above consultants and feel that any one of the four would perform an outstanding job. The key issues are cost, time, TDH professional relationships and availability to the job site. Helmberger Associates best meet all of this criteria in relation to the status of the City of Wylie' s financial and technical capabilities. My recommendation is to receive approval from the City Council to solicit a cost proposal from Helmberger Associates related to the Landfill Closure Plan and continue with Jones & Neuse, Inc. to provide the necessary landfill monitoring well analysis over the next three calendar quarters. Please place this on the next Council Agenda for authorization to negotiate a contract with Helmberger Associates. • I:6r HELMBERGER ASSOCIATES, INC. CIVIL ENGINEERING ' CONSTRUCTION MANAGEMENT ENVIRONMENTAL ENGINEERING HELMBERGER ASSOCIATES, INC. STATEMENT OF QUALIFICATIONS ENVIRONMENTAL ENGINEERING PROJECTS INVOLVING CLOSURE PLANS Helmberger Associates, Inc. is a family owned and operated private consulting engineering firm located at 124 Hooper Road, Wylie, Collin County, Texas, specializing in Civil and Environ- mental Engineering. Helmberger Associates is headed by Mr. Duane C. Helmberger, P.E. , licensed in both Texas and Oklahoma, with over 35 years of experience in design, construction management, water resources systems analysis, long-range planning, and management of environ- mental compliance efforts spanning the complete spectrum of environmental law. Mr. Helmberger is joined in this family venture by three of his sons: o Stephen A. Helmberger, P.E. , licensed in both Arizona and Texas, with over 8 years of civil and environmental engi- neering design and plan preparation, o Joseph E. Helmberger , P. E. , licensed in Texas , with an additional 7 years of civil and environmental engineering design and plan preparation, and o David Alan Helmberger, Environmental Technician, with three years of drilling, sampling, and documenting experience. Helmberger Associates has extensive expertise in environmental engineering including not only closure plans but also hazardous materials management, consultation, and plan formulation, per- mits, underground storage tank (UST) management and removal, installation and sampling of groundwater monitoring wells, NPDES permits, waste stream quality and flow studies, environmental audits, asbestos abatement plans, and Superfund studies including remedial investigation/feasibility studies, remediation plans, and surveillance of remediation. 124 HOOPER ROAD • WYLIE,TEXAS 75098 • 214/442-7459 Helmberger Associates has a reputation for responsibility with client satisfaction our top priority. We strive for engineering excellence in the designed and constructed project. We are a client-oriented firm, organized to provide careful attention to each client's needs. We offer the technical expertise, support services, and hands on management needed to meet the challenges of any project on time and within budget. Helmberger Associates, Inc. ' s office is fully computerized with state of the art computer hardware and software. Most drawings and report exhibits are prepared using Intergraph Mi- crostation Version 3 . 3 Computer Aided Design and Drafting (CADD) software. Drawings can be downloaded, if necessary, in DXF format enabling uploading and use by AutoCad users. Helmberger Associates carries extensive liability and errors and omissions insurance coverage and we are Registered Environ- mental Contractors with both the Resolution Trust Corporation (RTC) and the Federal Deposit Insurance Corporation (FDIC) as well as scores of other financial institutions and private compa- nies. Helmberger Associates, Inc . personnel have experience in closure of not only landfills but also hazardous waste and under- ground storage tank sites. Some representative projects are as follows: Landfill Closure - Cannon AFB. New Mexico. This project involved overview and coordination of work by another consultant in writ- ing the closure plan and in preparation of the plans and specifi- cations for the closure. The project involved installing an impervious liner and a clay cap quite similar to what will be required to close the Wylie landfill. Specific tasks involved verification testing of the permeability of proposed clay capping material, leachate control, run-on/run-off protection, erosion control and post closure actions, inter alia. Detailed coordina- tion was maintained with the State of New Mexico so that the project proceeded to fruition in a timely manner. Lagoon Closure - Reese AFB. Texas. This project involved writing a closure plan for lagoons into which hazardous industrial wastes had been disposed. Major work items included waste source analy- sis, installation of groundwater monitoring wells and determina- tion of direction and velocity of groundwater movement through a regular testing program, formulation of various closure options from leaving sludges in-place to removal and retro-fitting with appropriate liners . All actions were fully coordinated with Federal EPA and the State of Texas. /7 Heavy Metals - Boulder Wyoming. This project included the inves- tigation, remediation, closure and post closure monitoring of a site contaminated with heavy metals. The project from start to finish was handled personally by Duane C. Helmberger, P.E. . It involved determining the extent of contamination, negotiation of a satisfactory clean-up level, installation and subsequent .remov- al of groundwater monitoring wells, a closure plan involving removal of core pollution, capping and revegetation of the site. The entire project was accomplished in a 2 year time span, l 'year of which involved post closure quarterly monitoring. Cyanide Remediation - Dallas. Texas. This project accomplished through Helmberger Associates, Inc. 's Environmental Site Assess- ment Program involved discovery of the cyanide residue in Phase I, determining severity and lateral extent in Phase II, designing remediation measures and site closure in Phase III , and site clean-up in Phase IV. Upon completion, a written endorsement that clean-up was satisfactory was obtained from the State De- partment of Health. Underground Storage Tanks - Dallas. Texas. This project was originally for removal of several underground storage tanks (UST's) . Contamination was detected during the removal operation and the project was expanded to include remediation and site closure. Intensive soil sampling and analysis was involved as was on-site treatment of wastes to remove pollutants to below state action levels. The project was a model closure and pro- ceeded from discovery to final closure and obtaining written concurrence from the Texas Water Commission in a 6 month period. Numerous other examples and/or verification references can be furnished upon request. / IF AMICCO Resolution for Mental Illness Awareness Week Whereas , The Two Houses of Congress of the United States have for the past 8 years designated the first week of October as " Mental Illness Awareness Week"and have in joint resolutions , proclaimed it so; and Whereas , The Two Legislative Bodies of the State of Texas have issued like Proclamations; and Whereas , The goal of these resolutions is to educate the American people and the Texas public about the stigma surrounding mental illnesses ; and Whereas, According to a recent report published by the '...Archives of General Psychiatry", one in five Americans suffers from a psychiatric problem, and between 800 and 900 thousand Texans suffer from serious mental illness , which include between 8 and 10 thousand persons from Collin County, making it more common than cancer, • diabetes , heart disease or arthritis; and Whereas, Serious mental illnesses are biologically-based brain diseases that can severely disturb a person's ability to think, feel , and relate to other people and the environment; and Whereas , Persons with mental illnesses are feared or stereotyped as irrational , aggressive, and violent-when, in fact , they are more likely to be isolated, passive, withdrawn and, or blamed for falling victim to an illness that is clearly biologically-based; and Whereas, They are denied the opportunity to rebuild their lives in the community because of discrimination in housing, employment, access to treatment and insurance coverage; and Whereas , Research is bringing new insights into the causes and response to treatments that provide hope to persons with mental illness and their families ; and Whereas, The two groups in Collin County that have led the efforts to educate the public and have worked without ceasing to obtain better services have been the Alliance for the Mentally Ill of Collin County and the North Texas Chapter of the Society of Psychiatric Physicians Therefore be it Resolved, That the Mayor and Council of the City of Wylie, Collin County, Texas , hereby recognize the week of October 6 through 13, 1991 as "Mental Illness Awareness Week" as a means to educate our citizens and to eliminate the myths associated with mental illness; and Therefore Commend the agencies of the North Texas Chapter of Psychiatric Physicians and the Alliance for the Mentally Ill of Collin County for their endeavors to address public apathy and misunderstanding surrounding the seriousness of mental illness; to educate the public about symptoms and treatment of the disorders; to improve treatment and access to appropriate medical care and services; and to increase scientific research in treatment approaches; and to reduce the stigma of mental illness Now Therefore I , iohn W- Akin , Mayor of Wylie, Texas do hereby proclaim October 6-13, 1991 as Mental Illness Awareness Week and urge the people of this city to note this designation. In witness thereof , I have hereunto set my hand and caused the Seal of the city of Wylie to be affixed this day of , 1991 John W. Akin , Mayor ATTEST Carolyn Jones , City Secretary • • • all MEMORANDUM DATE: September 18 , 1991 TO: City Council FROM: Bill Dashner , City Manage 144k RE: Discuss and Consider Financial Report Through Eleven (11 ) Months of FY91 - Period Ending August 31 , 1991 As City Manager I am very happy to report that through eleven (11) months the City is showing a positive balance in revenue over expenditures of $228,425 . The budget as amended of $6,034,460 shows total revenue through eleven (11 ) months of $5,743 ,705 and expenitures of $5 ,515 ,280 . In other words with 91. 67% of budget time elapsed the City has collected 95 . 18% of budgeted revenues . There are two (2) factors in my judgment that account for the good financial position which are due to management action: 1) Significant reduction in spending ,, for the months of June, July and August 2) Southfork Mobile Home Park revenues I feel real good that we paid for all the improvements and still will carry-over money into FY92 . I hope the City Council will continue to get monthly understandable financial reports . Attachment: Supporting Documentation BUDGET SUMMARY 1990-91 FISCAL YEAR PRINCIPAL OPERATING FUNDS: BUDGET ELAPSED TIME: 91 . 67% PERIOD ENDING AUG. 31 , 1991 - 11TH MONTH BUDGET REVENUES EXPENDITURES FUND REVISED AMOUNT % RECEIVED AMOUNT BUDGET RECEIVED Of BUDGET EXPENDED EXPENDED GENERAL 3, 671 , 380 3, 525, 715 96 . 03% 3 , 473 , 335 94. 61% 101-450 UTILITY 1 , 958, 080 1 , 841 , 300 94 . 04% 1 , 700 , 430 86. 84% 501-521 SANITATION/OP 360, 000 335, 735 93 . 26% 303, 955 84. 43% 651 IMPACT/LIFT 45, 000 40 , 955 91 . 01% 37 , 560 83. 47% 901 F' TOTAL OPERATING BUDGETS 6 , 034 , 460 5, 743, 705 95. 18% 5 , 515, 280 91 . 40% *IMPACT FUND AND LIFT STATION FUND HAVE BEEN COMBINED DUE TO NEW ORDINANCE. ACCOUNT FUNDS USED FROM PREVIOUS YEAR TO ACCOUNT FOR DEFICIT FUNDING. ALSO CAUSED BY IMPLEMENTATION OF NEW IMPACT ORDINANCE. • • as DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 91 . 67% •-• 11TH MONTH PERIOD ENDING AUG. 31 , 1991 FUND 10 GENERAL REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 101 COUNCIL 78 , 000 71 , 950 92 . 24% 102 CITY MANAGER 10:3 , 415 92, 8'75 89. 81% 103 CITY SECRETARY 102 , 190 93 , 190 91 . 19% 104 CITY ATTORNEY 17 , 665 13 , 360 75. 63% 105 CODE ENFORCEMENT 106 , 66U 99, 135 92. 94% 107 ENGINEERING 83, 140 73, 070 87. 89% 110 FINANCIAL SERVICES 278 , 000 257 , 165 92. 51% 120 MUNICIPAL COURT 46 , 400 39, 130 84 . 33% 130 DEBT SERVICE 692 , 5U0 4692, 500 100. 00% 140 BLDG. SERV. /M. COMPLEX 175, 650 183, 030 104 . 20% 141 BLDG. SERV. /LIBRARY 19, 380 21 , 555 111 . 22% 142 BLDG. SERV . /FIRE 19, 000 16 , 890 88. 89% 143 BLDG. SERV. /P. WORKS 27 , 200 27 , 145 99. 80% 144 BLDG. SERV . /PARKS 11 , 000 12, 715 115. 59% 201 POLICE ADMINISTRATION 81 , 000 72, 820 89. 90% 202 POLICE PATROL 568 , 290 502 , 505 88 . 42% 203 POLICE INV. 38 , 680 39, 570 102. 30% 204 POLICE REC. /COMMO. 104 , 815 92, 465 88. 22% 205 METRO WARRANT OFFICER 40 , 500 37 , 865 93 . 49% 220 FIRE DEPT. 90 , 000 81 , 525 90. 58% 230 E.M. S. 133, 700 122, 995 91 . 99% 301 LIBRARY 69 , 270 65, 840 95. 05% a.t 310 PARKS 106, 635 98 , 290 92 . 17% 420 STREETS/DRAINAGE 590 , 000 584, 105 99. 00% 440 GARAGE 39 , 500 35 , 690 90 . 1.0% 450 ANIMAL CONTROL 48 , 790 46, 055 94. 39% TOTALS 3, 671 , 380 3, 473, 335 94 . 61% FIGURES ROUNDED TO NEAREST HIGHEST OR LOWEST NUMBER ON ALL SUMMARIES • al/f DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 91 . 67% - 11TH MONTH PERIOD ENDING AUG. 31 , 1991 " FUND 20 UTILITY REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 501 UTILITY ADMIN. 380 , 560 273, 400 71 . 84% 502 WATER 495 , 000 421 , 945 85. 24% 503 WASTEWATER 428, 210 369, 825 86. 37% 510 UTILITY BILLING 1.96, 495 178 , O65 90. 62% 515 DEBT SERVICE 425 , 750 427, 715 100 . 46% 520 BLDG. SERV. /M. COMPLEX 11 , 520 10 , 490 91 . 06% 521 BLDG. SERV. /P. WORKS 20 , 545 18, 990 92. 43% TOTALS 1 , 958, 080 1 , 700 , 430 86. 84% 01#4°. . DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 91 . 67% - 11TH MONTH PERIOD ENDING AUG. 31 , 1991 FUND 65 SANITATION/OP. REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 651 SANITATION 360 , 000 303 , 955 84 . 43% 152C , DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPEI): 91 . 76% - 11TII MONTH PERIOD ENDING AUG. 31 , 1991 FUND 90 IMPACT/LIFT REVISED EXPENDITURE % EXPENDED BUDGET TO DATE *901 IMPACT/LIFT 45, 000 37 , 560 83. 47% CAPITAL PROJECTS FUNDS FUND TOTAL AMOUNT % RECEIVED AMOUNT % APPROPRIATION RECEIVED OF BUDGET EXPENDED EXPENDED 74 STREET 115, 000 114 , 965 99. 97% 112, 740 98. 03% RECONSTRUCTION 91 UTILITY CONST 650, 000 582,065 89 . 55% 616, 310 94 . 82% ENGINEER 92 SERVICE 300 , 000 316, 740 105. 58% 10, 725 3. 58% CENTER ANIMAL SHELTER TOTAL CAPITAL 1 ,065 , 000 1 ,013, 770 95. 19% 739, 775 69. 46% PROJECT BUDGET • • • DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 91 . 67% - 11TH MONTH PERIOD ENDING AUG. 31 , 1991 FUND 74 STREET RECONSTRUCTION REVISED EXPENDITURE % EXPENDED BUDGET TO DATE 741 STREET RECONSTRUCTION 115, 000 112 , 740 98 .03% • • a DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPED: 91 . 67% - 11TH MONTH PERIOD ENDING AUG. 31. , 1991 FUND 91. UTILITY CONSTRUCTION REVISED EXPENDITURE % EXPENDED & ENGINEERING BUDGET TO DATE 911. UTILITY CONSTRUCTION 650 , 0U0 61E3, 31U 94 . 82% & ENGINEERING 3 49 DEPARTMENTAL EXPENDITURE SUMMARY BY FUND BUDGET YEAR TIME ELASPE:D: 91 . 67% -• 11TH MONTH THRU AUG. 31 , 199.1 FUND 92 SERVICE CENTER/ REVISED EXPENDITURE % EXPENDED ANIMAL SHELTER BUDGET TO DATE 921 SER C'TR/ANIM SHELTER 300 , 000 10, 725 3. 58% CASH BALANCES The following is a list of the uninvested balance in each fund as of August 31 , 1991 . General Fund $ 288, 120 . 79 Utility Fund 1.99 , 427 . 96 Utility Refund 21 , 721 . 44 Municipal Court. 20 , 466. 78 Payroll. 13, 597 . 18 Utility Deposit 61 , 113. 14 ** General Interest & Sinking 31 , 151 . 40 Utility Interest & Sinking 10 , 147 . 49 Perimeter Street 28 , 529 . 29 ** Utility Bond Reserve 6, 955. 53 ** Impact 10 , 080. 84 State Court 5, 194 . 03 Community Room 988. 00 Sanitation Operating 33, 975 . 09 Return Cheek Fund 729 . 71 Street Reconstruction 12, 725 . 76 Landfill 698. 29 Police Drug/Crime 17 , 379 . 16 Sales Tax 2, 956. 38 Library 88 . 47 Police Training 83. 53 Jai Page--2 Park Contributions 1 , 242. 63 • Utility Construction 1 , 824 . 67** Landfill Closure 61 , 369. 43 Service Center/Animal Shelter 1 , 273. 73 Partial Payments Municipal Court _ 6 . 365,$9 UNINVESTED FUNDS AS OF 08/31/91 $ 838, 206. 61 TOTAL INVESTED FUNDS $1,600, 909. 31 TOTAL UNINVESTED FUNDS n 838.206.61 TOTAL ALL FUNDS $2, 439, 115. 92 ** These funds have Certificates of Deposit 3 CITY INVESTMENTS AUGUST 31 , 1991 INVESTMENTS ANNUAL AMOUNT MATURED : MATURITY PER FUND INTEREST DEPOSITED AMOUNT DATE . RATE PERIMETER • STREET • .• • CD# 017104 5. 50% $97 , 320 . 68 : : 9/18/91 PROVIDENT BANK : CD# 017105 5. 50% $97 , 320 . 68 : : 9/18/91 PROVIDENT BANK : CD# 017109 5. 50% $98, 000 . 00 : : 9/26/91 PROVIDENT BANK. : TOTAL PERIMETER: $292 , 641 . 36 : • UTILITY DEPOSIT: • RESERVE • CIA 017126 5. 40% $98 , 447 . 04 : : 9/27/91 PROVIDENT BANK : . TOTAL UTILITY DEPOSIT RESERVE: ,$98, 447 . 04 ^,. • • • UTILITY BOND .• RESERVE FUND : • CD# 017125 5 . 40% $99, 820 . 91 : : 9/27/91 PROVIDENT BANK : : TOTAL UTILITY BOND RESERVE $99, 820 . 91 : • TOTAL RESTRICTED FUNDS $490 , 909 . 31 : • 1990 BOND FUNDS: .• • 3. 5MM •• • • FEDERAL FARM : 5. 504% : $1 , 104 , 339 .00 : 1 , 110 , 000 .00 : 9/16/91 CREDIT BANK : : TOTAL BOND FUNDS INVESTED : $1 , 104 , 339 .00 : $1 , 110 , 000 . 00 : MEMORANDUM DATE: September 20, 1991 TO: City Council FROM: Bill Dashner, City Manage tom" RE: Discuss and Consider In erlocal Governmental Agreement with Collin County on Armory Project Collin County Commissioner ' s Court did not approve the City Council amendments to this agreement. The Commissioner' s Court in turn sent back the same original agreement which leaves the City of Wylie completely responsible for all costs beyond $150 ,000 . There is only approximately $279 ,000 to do the following: 1) Construct the Railroad Crossing 2) Extend Springcreek Parkway 3) Extend Water and Sewer Lines I don' t believe the City Council should agree to this , not knowing what the cost will be since the bids are not in yet . Therefore I am recommending that this agreement be rejected. • 35 MEMORANDUM TO: Bill Dashner, City Manager FROM: Paul D. Beaver, Director of Planning & Engineering PI~1 DATE: September 19, 1991 SUBJECT: Proposed Springcreek Parkway Extension (Armory Project) Interlocal Agreement City of Wylie and Collin County Attached is a proposed lnterlocal Agreement regarding the construction of Springcreek Parkway Extension (Armory Project) which was passed by the Collin County Commissioners Court on September 17, 1991 . The key issue in this agreement is that Collin County will only commit to $150, 000 for the construction of a railroad crossing for the proposed Texas National Guard Armory. Since the other parties involved in this overall project (Centennial and the Texas Army National Guard) have also limited their contributions, this Interlocal Agreement as written would cause the City of Wylie to bear all cost over runs above the $279, 000 estimated project cost. This item should be placed on the agenda for discussion purposes. Due to Wylie' s budgetary constraints at this time, the logical source of additional funds for this project is the Texas Army National Guard since the project is being constructed to provide access to their building. (36 Court Order No, —1\y '1`15"cA-- THE STATE OF TEXAS ) COUNTY OF COLLIN ) INTERLOCAL AGREEMENT CITY OF WYLIE & COLLIN COUNTY Spring Creek Parkway Extension From the AT&SF Railroad to the St . Louis SW Railroad Texas National Guard Armory WHEREAS, the County of Collin, Texas, hereinafter called "County" , and the City of Wylie, hereinafter called "City" , want to enter into an agreement for the construction of the extension of Spring Creek Parkway, City of Wylie, from and including the Atchinson, Topeka & Santa Fe Railroad Crossing north for a total project distance of 700 feet, hereinafter called the "Project" see attached location map; and WHEREAS, Commissioners Court, at the request of the City of Wylie, agreed to allocate $150,000 for the construc- tion of a railroad crossing for the proposed Texas National Guard Armory; and WHEREAS, the Interlocal Cooperation Act, Article 4413 ( 32c) Vernon' s Annotated Civil Statutes provides authoriza- tion for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act . NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by County and City upon and for the mutual consideration stated herein: 1 37 WITNESSET H: Article I The County hereby agrees to provide project management and contract administration for the design and construction of the project . Article II County hereby agrees to provide for the services described above in Article I as follows : 1 . Complete the plans and specifications and advertise for construction bids . 2 . Award the construction contract to the lowest qualified bidder. The City shall review the bids and approve award of the contract . 3 . Provide construction contract administration. 4 . Provide construction inspection jointly with the City. 5. Provide for geotechnical services required for construction inspection. 2 ARTICLE III City hereby agrees to acquire all the right-of-way and easements necessary for the construction of the project . City agrees that the project shall be advertised for bids only after the right-of-way easements have been acquired. ARTICLE IV County hereby agrees to provide $150,000 for the construction of one railroad crossing. ARTICLE V City hereby agrees to provide and bear all project costs in excess of $150,000 including but not limited to construction, engineering, surveying, geotechnical inspec- tion and materials testing, and construction change orders . City hereby agrees to forward to the County all funds to cover costs exceeding $150,000 fourteen ( 14) days prior to construction bid award. ARTICLE VI County hereby agrees to defend, indemnify and save harmless the City from any claims, demands, costs, or judgments against the City arising out of any negligent act or omission of the County or its agents or contractor(s) in the performance of work and services under this Agreement . 3 • Executed this _ day of , 19_, by the County of Collin, pursuant to Commissioners Court Order No. and by City of Wylie pursuant to City Council Resolution . COUNTY 7)COLL , TEXAS .........2(Ron Harris County Judge CITY OF WYLIE, TEXAS Bill Dashner City Manager 4 41° . COURT ORDER NO. 90- 090-01-29 THE STATE OF TEXAS ) ROADS: RAILROADS RAILROAD CROSSING TEXAS NATIONAL GUARD ARMORY COUNTY OF COLLIN ) PUBLIC WORKS On January 29, 1990, the Commissioners ' Court of Collin County, Texas, met in special session with the following members present and partici- pating, to wit: William J. Roberts County Judge, Presiding Howard Thornton Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 John Witherspoon Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session, the court considered a request from the City of Wylie to allocate $150, 000 of 1983 bond funds for construction of a railroad crossing on the grounds of the proposed Texas National Guard Armory Facility in Wylie. Thereupon, a motion was made, seconded and carried with a majority vote of the court to authorize reallocation of $150, 000 from underruns of 1983 bond projects to allow for the construction noted above, and same is hereby approved in accordance with the documentation attached hereto. Ordered and dated this the 0%'7 day of January, 1990 . c?.st 'S'wed" Wil iam J. Rerts, County Judge Collin County, TEXAS ATTEST: He en Starnes, Ex-0 .ttcio C erk Commissioners • ourt •`` COLLo Collin County, EXAS . 1 �. 11/, �4104.4N111N00 MEMORANDUM DATE: September 20 , 1991 TO: The Honorable Council FROM: Bill Dashner , City Manager RE: Discuss and Consider Ad ption of FY92 Budget as Proposed by the City Manager and As Amended by the City Council . Attached are the following documents for your consideration: 1) FY92 Budget 2) Tax Levy Ordinance 3) Budget Ordinance ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR THE BUDGET YEAR BEGINNING OCTOBER 1, 1991 , AND ENDING SEPTEMBER 30 , 1992 . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS; SECTION 1. That the budget estimate of the revenues and expenditures for the City of Wylie, Texas, as prepared by the City Manager and appropriated by the City Council for the fiscal year beginning October 1, 1991 , and ending September 30 , 1992 , be hereby adopted and approved as the budget for such fiscal year: SECTION 2 . That the sum of Six Million , Two Hundred Eighty Five Thousand and One Hundred and Eighty Two Dollars ($6 ,285 , 182 .00 ) is hereby appropriated out of the General Fund and Utility Fund Revenues for payment of Operating Expenses and Capital Outlay of the City Government, as set forth in detail in the budget: SECTION 3. The Sanitation and Impact Funds become a part of the FY92 Budget and have received an appropriation level to operate on for one (1) year . SECTION 4 . That this Ordinance be in full force and effect from and after its adoption . PASSED AND APPROVED THIS THE DAY OF SEPTEMBER 1991 . John W. Akin , Mayor ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM: Steven P. Deiter , City Attorney ORDINANCE NO. AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS FOR THE YEAR 1991, UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1992, AND THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE AND THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY: PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON: PROVIDING THAT IN THE EVENT ANY PROVISIONS OF THIS ORDINANCE BE HELD UNCONSTITUTIONAL AND THAT SUCH HOLDING SHALL NOT AFFECT THE REMAINING PROVISIONS HEREOF: REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH AND PROVIDING FOR PUBLICATION: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 There is hereby levied for the fiscal year 1991 upon all real property situated within the corporate limits of said City of Wylie, Texas , and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas , on the first day of January, A.D . , 1991 , except so much thereof as may be exempt by the Constitution of laws of the State of Texas , a total tax of Sixty-one and one-halfcents (0 .6150) , on each One Hundred ($100 .00) Dollars of assessed valuation on all of said property which said total tax here now levied as aforesaid is respectively as follows : SECTION 2 An ad valorem tax of and at the rate of Forty-four and four hundred and twenty five hundredths cents (0 .44425) on each One Hundred Dollars ($100 .00 ) of assessed valuation of said taxable property is hereby levied for the year 1991 , for the general city purposes and to pay the current operating expenses of said City of Wylie, Texas , for the fiscal year ending September 30 , 1992 , which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas . SECTION 3 An ad valorem tax of and at the rate of Seveteen and seventy five thousandth cents (0.17075) on each One Hundred ($100 .00 ) of assessed valuation of said taxable property is hereby levied for the year of 1991, for the purpose of creating an Interest and Sinking Fund with which to pay the interest and retire the principal of the valid bonded indebtedness , capital lease payments, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the Interest and Sinking Fund of the said City of Wylie, Texas for the fiscal year ending September 30 , 1992 . SECTION 4 The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty interest, and all costs of collection , assessed , and levied hereby. SECTION 5 Taxes are payable in Wylie, Texas at the Office of the Tax-Assessor Collector , Finance Department, Municipal Complex. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance . SECTION 6 That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted . (See attachment - effective Rate for 1991) SECTION 7 In the event any provision of this Ordinance shall be held unconstitutional and invalid by a court of competent jurisdiction , the same shall not affect the remaining provisions thereof . SECTION 8 All Ordinances and part thereof in conflict with any of the provisions of this Ordinance are hereby expressively repealed . SECTION 9 The caption of this ordinance to be published one time in a newspaper having general circulation in the City of Wylie, Texas , and to become effective immediately upon its passage and publication . PASSED AND APPROVED, AND ORDERED PUBLISHED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS THE DAY OF SEPTEMBER, 1991 . John Alcin, Mayor ATTEST: Carolyn Jones, City Secretary APPROVED AS TO FORM: Steven P. Deiter, City Attorney