12-12-1989 (City Council) Agenda Packet DATE POSTED 12-8-89
AGENDA TIME POSTED 3:00 P.M.
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
'IUESDAY, DECEMBER 12, 1989
7:00 P. M. COUNCIL CHAMBERS
MUNICIPAL COMPLEX
20/0 HIGHWAY 78 NORTH
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 7 Consider approval of the minutes
of the November 28, 1989 Council
meeting
2 8 Consider appointment of a Records
Management Officer (RMO) to comply
with Texas Local Government Records
Law
3 9 Consider authorization for staff to
seek competitive bids for a side
mount mower for the Street
Department
4 10 - 13 Consider authorization for staff
to seek proposals for Code Book
of Ordinances
5 14 - 15 Consider authorization for staff to
seek bids on Ambulance Contract
PUBLIC READING OF ORDINANCES AND RESOLUTIONS
6 16 - 20 Consider approval of a Resolution
approving and authorizing
publication of notice of intention
to issue certificates of obligation
in the principal amount not to
exceed $3,500,000 for the purpose
of paying contractual obligations
to be incurred for the construction
of public works, to wit:
improvements and extensions to the
City's combined Waterworks and
Sanitary Sewer System, including
the installation of sewer
interceptor lines and related
facilities and capping the City's
landfill to conform to the State's
requirements, purchasing and
acquiring land and a building for
City's utility department and
paying contracts for professional
services, such certificates to be
payable from ad valorem taxes and a
limited pledge of the net revenues
of the City's combined Waterworks
and Sanitary Sewer System
7 21 - 23 Consider approval of a Resolution
allowing the City to tax all
tangible personal property as
defined in said proposed amendment
adding Section 1-J to Article VIII
of the Texas Constitution and in
Section 11.251 Texas Tax Code in
the Tax Year 1990 and each year
thereafter
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
PUBLIC RENDING OF ORDINANCES AND RESOLUTIONS (Cont.)
8 24 - 26 Consider approval of amendment to
Ordinance No. 88-28, Section 3 (d)
(regarding engineer truss)
APPROVAL OF PURCHASES AND PAYMENTS
9 27 - 31 Consider approval of a payment
request from Hunter Associates,
Inc. in the amount of $4,966.25 for
improvements to wastewater collect-
ion system
DEPARTMENTAL REPORTS
10 Status report on Wastewater Col-
lection System Improvements
COIL DISCUSSION
11 Citizen Participation
12 Council Discussion
13 Recess regular meeting and adjourn
Council into Council Conference
Room for work session
14 Convene Council into work session
in Council Conference Room
15 32 - 44 Discussion of proposed personal
policy Section 5 and 6, 7, 8, and 9
16 Adjourn
CITY C7OUNCIL MEETING
MINUTES
NOVEMBER 28, 1989
The City of Wylie City Council met in regular session on Tuesday, November
28, 1989 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 Chuck Trimble, Mayor
Pro Tem Bud Naish, Council Members Ortie Messenger, Jim Swartz, Pat
Stemple, Steve Wright and John Akin, City Manager Charles Norwood, City
Secretary Carolyn Jones, Finance Director James Johnson, Chief of Police
James Gilmore, Public Works Superintendent Don White and Assist. City
Engineer Ron Homeyer.
Mayor Trimble called the meeting to order and Councilwoman Stemple gave the
invocation which was followed by the pledge of allegiance lead by Mayor Pro
Tem Naish.
APPROVAL OF THE MINUTES OF THE NOVEMBER 7TH AND 14TH MEETINGS: Mayor Pro
Tem Naish corrected the minutes of October 17th to reflect his statement
was the City has the equipment if the County would provide the manpower and
materials. Councilman Wright requested that the November 7th tape be
listen to in order to verify his statement about the builders in the City
of Richardson. The tape reflected the following statement: "Councilman
Wright stated that Mr. St. John was able to contact three different
contractors in and around Richardson each one of these contractors said
they built on 16" centers and would not build otherwise". Mayor Pro Tem
Naish corrected the November 14th minutes to reflect Mr. Arp's statement to
read other cities range from 7% t 8% sales tax. There being no other
corrections a motion was made by Councilman Messenger to approve the
minutes of the November 7th and 14th meetings as corrected above. Seconded
by Councilman Wright. The vote was as follows: Mayor Trimble - in favor,
Mayor Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman
Swartz - in favor, Councilman Wright - in favor, Councilman Messenger - in
favor,and Councilwoman Stemple - in favor. This motion carried with all in
favor.
APPROVAL OF PROCLAMATION FOR BLOOD DONOR MONTH, JANUARY, 1990: Mayor
Trimble read the proclamation for the record as follows:
WHEREAS, a genuine concern for others has always distinguished the American
citizens; and
WHEREAS, no manifestation of this generosity of spirit is more priceless in
time of personal crisis than the donation of one's blood; and,
WHEREAS, through the efforts of the American Association of Blood Banks, a
single and efficient program for the collection of blood from the voluntary
blood donor has been instituted;
NOW, THEREFORE, I, CHUCK TRIMBLE, MAYOR OF THE CITY OF WYLIE, TEXAS, do
hereby declare and proclaim the month of January, 1990, as "BLOOD DONOR
MONTH" in the City of Wylie, Texas, and urge all citizens to honor the
outstanding blood donor and to encourage by all appropriate means
additional people to be voluntary blood donors.:
Motion was made by Councilman Akin to approve the proclamation for the
American Association of Blood Banks as January, 1990 being Blood Donor
Month. Seconded by Councilwoman Stemple. The vote was as follows: Mayor
Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in
favor, Councilman Swartz - in favor, Councilman Wright - in favor,
Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This
motion carried with all in favor.
Mayor Trimble presented the proclamation to representatives from the Wadley
Blood Bank and representatives from the Wylie High School.
ACCEPTANCE OF THE RESIGNATION OF JILL TOMEK FROM THE PARK AND RECREATION
BOARD: Mrs. Tomek has resigned from the Park and Recreation Board
effective immediately, as she and her family are moving. Mrs. Tomek's term
expires in July, 1990. Mayor Trimble noted for the record a special thanks
to Mrs. Tomek for all the work she has done in the parks and while serving
on the park board. Motion was made by Mayor Pro Tem Naish to accept the
resignation of Mrs. Tomek. Seconded by Councilman Akin. The vote was as
follows: Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor,
Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright
-in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in
favor. This motion carried with all in favor.
APPOINTMENT TO PARK AND RECREATION BOARD TO REPLACE JILL TOMEK: Councilman
Akin voiced his concern about by passing those citizens who have put their
names on the list wishing to serve on our boards. Councilman Messenger
said that was a good point, but B. J. Upshaw is on the WSA Board and our
intention was to give them representation on the Park Board.
Motion was made by Councilman Messenger to appoint B. J. Upshaw to the Park
Board with his term expiring July, 1990.
Councilman Akin wanted to know why Mr. Upshaw didn't sign up before now.
Mayor Trimble said he felt Mr. Upshaw would give a lot to the Park Board.
Councilman Messenger's motion was seconded by Councilman Wright. The vote
was as follows: Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor,
Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright
- in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in
favor. This motion carried with all in favor.
APPOINTMENT AS ALTERNATE MEMBER TO ZONING BOARD OF ADJUSTMENTS: This
appointment is to replace Richard Eckman, whose term expires July, 1991.
Councilman Wright made a suggestion to appoint Bill Sinsabaugh. Councilman
Messenger said Mr. Spillyard from the Historical Commission has talked with
me about putting Mr. Sinsabaugh on this board. Mayor Pro Tem Naish wanted
to know if anyone had talked with John Mondy, and it was noted that Mr.
Mondy was still interested in serving. Motion was made by Councilman
Messenger to appoint Mr. Mondy as an Alternate Member to Zoning Board of
Adjustments, with his term expiring July, 1991. Seconded by Councilman
Swartz. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem
Naish - in favor, Councilman Akin - in favor, Councilman Swartz - in favor,
Councilman Wright - in favor, Councilman Messenger - in favor, and
Councilwoman Stemple - in favor. This motion carried with all in favor.
APPOINTMENT OF ANTHONY HANKEY TO ADHOC COMMITTEE - IMPACT FEES: Motion
was made by Councilman Akin to appoint Anthony Hankey to the Adhoc
Committee - Impact Fees. Seconded by Mayor Pro Tem Naish. The vote was as
follows: Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor,
Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright
- in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in
favor. This motion carried with all in favor.
APPOINTMENT TO HISTORICAL COMMITTEE TO REPLACE BETH FULTZ: Motion was made
by Councilman Messenger to appoint Mr. Bill Sinsabaugh to the Historical
Committee. Seconded by Councilman Wright. The vote was as follows: Mayor
Trimble - in favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in
favor, Councilman Swartz - in favor, Councilman Wright - in favor,
Councilman Messenger - in favor, and Councilwoman Stemple - in favor. This
motion carried with all in favor.
APPROVAL OF REQUEST FROM CHAMBER OF COMMERCE FOR ANNUAL CHRISTMAS PARADE ON
SATURDAY, DECEMBER 9TH: This request is for the closing of Ballard Street
from 8:00 A.M. until after the parade from Oak Street to just north of
Pizza Plaza. Motion was made by Councilwoman Stemple to approve the
request for the annual Christmas Parade on Saturday, December 9th.
Seconded by Councilman Akin. The vote was as follows: Mayor Trimble - in
favor, Mayor Pro Tem Naish - in favor, Councilman Akin - in favor,
Councilman Swartz - in favor, Councilman Wright - in favor, Councilman
Messenger - in favor, and Councilwoman Stemple - in favor. This motion
carried with all in favor.
PRESENTATION BY BOBBY WILLIAMS, REPRESENTATIVE FROM B. F. I. ON PROPOSED
RATE INCREASE: Mr. Williams stated the rising cost of the charge for using
others landfill and cost of equipment, it is necessary for BFI to come
forward with a proposed rate increase. The landfill charge for 1988 was
$1.40 per cubic yard and for 1990 it will be $1.70 per cubic yard, in
addition to this increase the State of Texas has set a landfill tax of $.12
per residential service and $.10 per cubic yard on all containerized
commercial customers which will be effective January 1, 1990. These
charges have been incorporated in the proposed rate increases.
Councilman Akin wanted BFI to understand he and other was not satisfied
with the service Wylie was getting. Mayor Pro Tem Naish said BFI
advertises a recycling program, why can't Wylie have this program. Mr.
Williams said Wylie can have the program if they want to pay for it, but
it will not lower your rates and it will cost the City for pick ups. Mayor
Pro Tem Naish wanted to know what BFI would offer during spring clean up,
and also will BFI give us containers during the Christmas season as we will
miss one day of service and this would help BFI out to have the trash taken
to containers. Mr. Williams said we will put the bins out and will only
charge you for the dump fees. City Manager Charles Norwood said if you put
the bins out, it will help your work load later on in the week, surely we
can work out something on the fees. Councilman Akin said it seems we are
going backwards, when Moore Industrial had this contract, they helped with
clean up and they picked up at the door for the senior citizens, but your
company has not done any of this. Mr. Williams said we will do this for
the City. Councilwoman Stemple said as a rule, we have two pickups a
week, if a holiday falls on Monday or Thursday, we go a full week without
service and yet you charge us for this. Mr. Williams said these holidays
are listed in your contract. Mayor Pro Tem Naish asked how many more years
was on this contract. Mr. Johnson said two and one half years. Councilman
Messenger asked Mr. Johnson if he has verified these numbers. Mr. Johnson
said he had not seen the figures yet. Councilman Swartz said that last
year the representative from BFI told us whatever we put out they would
pick up, then BFI begin saying we do not pick up this or that. The
citizens of Wylie need to know what you will and want pick up. Mr.
Williams said he could put out a brochure on this.
PUBLIC HEARING ON THE RE-ZONING REQUEST FOR 300 FEET OF 1.97 ACRES OUT OF
TRACT 29, ATTERBURY SURVEY, ABSTRACT 23: This request has been made by Mr.
Melvin St. John and the property is located on southeast corner of Ballard
and Stone. Mayor Trimble opened the public hearing and requested those
wishing to speak on this matter to come forward and state their name and
address for the record.
City Manager Charles Norwood said in general, Planning and Zoning has heard
this item several months ago and it was turned down. The request went back
to Planning and Zoning with less land. All of this property backs up to
the Church of Christ. Planning and Zoning voted again to recommend denial
of this request to Council. Planning and Zoning was concerned about its
locations being so close to the school and also Business 1 adjacent to
Single Family. They were also concerned about services in B-1 compared to
Retail. City Manager Charles Norwood said that Mr. Melvin St. John is here
tonight to address the matter.
Mr. Bart Peddicord, Vice Chairman of Planning and Zoning, said it was a
unanimous decision to recommend turning this re-zoning down. Planning and
Zoning Commission would zone Retail, but felt this is spot zoning to grant
B-1 Zoning.
Mayor Pro Tem Naish wanted to know how many B-1 zoning backs up to
residential. Mr. Homeyer said there are some, but I do not have that
information with me.
Councilman Akin said he realizes this is a public hearing and council
should get involved later, but in other cities you can see convenient
stores backed up to $100,000. homes. I wish we had a convenient store in
my area.
Councilwoman Stemple said when you have any kind of business you see homes
and traffic, I do not see a problem with this.
Mr. Peddicord said B-1 grants gas pumps and we were concerned. Councilman
Akin said every 7-11 has gas pumps and there were 25 letters sent out, 4 in
favor and 1 against, I usually go with Planning and Zoning, but I do not
understand them going against the citizens.
3
Mr. Bobby Skipwith, member of Planning and Zoning, said if they are making
changes it should go back to Planning and Zoning. City Manager Charles
Norwood said if they cut it back it does not have to go back to Planning
and Zoning.
Mr. Melvin St. John introduced Mr. Steve Grisson who would be representing
him on this zoning case. Mr. Grisson stated that he has visited with Mr.
St. John about this and some of the points that need to be brought out are,
the convenient store on this corner will not add to traffic, traffic is
already there, this is already a truck route, and convenient stores are
located next to residential areas in other cities. In comparing B-1 to
Retail, we need the B-1 for gas pumps. Retail has restaurant with drive-
in, hotel and motel with transit traffic, ect. When Mr. St. John and Mr.
Tibbals bought this in 1976, this portion of the plat was left as one piece
for a business tract. Mr. Grisson also stated that another positive
thought is the revenue from this property would be approximately $15,000
from sales tax and $15,000 for property tax per year. The convenient store
is an Exxon store and the closest one to Wylie is 12 miles away. We
respectfully request you zone this to Business - One.
Mayor Pro Tem Naish wanted to know what happens if the buyer changes his
mind. Mr. Grisson said the contract is signed with this buyer, but retail
will not allow gas/convenient store, it will allow a pet store, fee store
and a garage.
Mayor Pro Tem Naish wanted to know what the zoning was for the Church.
Councilman Akin said a church can go in any type of zoning. Mayor Trimble
said each case is to be looked at separately and not compared to the other
cases. Councilman Akin said this is on FM 544 East and it is a
thoroughfare.
Mayor Trimble asked if any citizens were here that would like to speak on
this matter.
Mrs. Lois Swartz of 506 W. Jefferson, there are my personal feelings and
opinion, I have a great deal of concern about the children crossing this
area. My concern is for ego purposes, Exxon does not have a good name
right now.
Mrs. Jayne Chapman of 311 Woodhollow Court stated she lives in this area of
town, I would like to see more businesses to help with the tax rate.
Mr. Dave Davis said he does not live in Wylie today, I did at one time, but
today I live in Garland, it is a very nice area and we have several
convenient stores. I feel Wylie needs this and needs to move ahead and be
progressive.
There being no other questions or comments, Mayor Trimble closed the public
hearing.
APPROVAL OF ORDINANCE RE-ZONING 300 FEET OF 1.97 ACRES OUT OF TRACT 29,
ATTERBURY SURVEY, ABSTRACT 23: Councilman Akin said $30,000 a year in
revenue, a convenient store would be handy and there are a lot of senior
citizens who have to walk and do not have cars to get them elsewhere.
Council is trying to get more businesses to help with the tax burden.
Mayor Pro Tem Naish said he agrees, but this is against our ordinance to
have B-1 against Residential.
Mayor Trimble asked if Planning and Zoning would look at this different
since it was cut back. Mr. Skipwith said probably not.
Councilman Akin said the citizens are getting is a signal from Council on
turning down $30,000. a year.
Councilman Swartz said no business has been turned down in the city to my
knowledge we have worked and done exceptions and that is our problem, we
need to look at the total picture and totally support the Planning and
Zoning Board.
Councilman Messenger stated in the Planning and Zoning minutes Brian
Chaney, Chairman said if this is zoned B-1 other corners are zoned Retail
I
and we could have a law suit if they were denied. Also Cececlia Wood
brought up a point of referring to the Zoning Ordinance and B-1 being
compatible to residential.
Councilman Akin asked if staff looked at this and did they have a
recommendation. City Manager Charles Norwood said no, but in looking at
the street width, this development might bring the highway department into
play for widening the street. City Manager Charles Norwood said he sees no
problem and feels this is the way to go.
Councilman Wright said we have no reason to believe this to be a major
thoroughfare. Mayor Trimble said it is a major thoroughfare on our maps
and County maps, this is a State Highway and this is a major intersection
for this area.
Councilman Akin said for years we have worked with Dallas County on FM 544
East in working on plans to make improvements. City Manager Charles
Norwood said no matter how this zoning comes out, we need to get with
Dallas County on this highway project.
Councilman Akin wanted to know how much right-of-way. Mr. Homeyer said 90
feet of right-of-way. City Manager Charles Norwood said in looking a the
school crossings, we have a crossing on Highway 78 and it has a larger
traffic problem.
Mayor Trimble called for a motion to accept this zoning. Motion was made
by Councilman Akin to approve the zoning for B-1 for 300 feet of a 1.97
acre tract out of the Atterbury Survey, Abstract 23. Seconded by
Councilwoman Stemple. The vote was as follows: Mayor Trimble - in favor,
Mayor Pro Tem Naish - against, Councilman Akin - in favor, Councilman
Swartz - against, Councilman Wright - against, Councilman Messenger -
against, and Councilwoman Stemple - in favor. This motion failed for re-
zoning with three in favor and four against.
APPROVAL OF RESOLUTION AWARDING BID OF POLICE PATROL VEHICLES: City
Manager Charles Norwood stated there were seven bids received, this was bid
with other cities, there is a total of 16 vehicles, with low bid being
Greenville Ford with a total cost of $24,565.40, this is $50.00 over low
bid due to $25.00 delivery charge. Staff recommends approval. Motion was
made by Councilman Akin to approve the Resolution awarding the bid of
police patrol vehicles to Greenville Ford in the amount of $24,565.40.
Seconded by Councilman Wright.
Councilman Wright also wanted to know what Houston/Galveston bids would
have been. Mr. Johnson said over $13,000. per vehicle.
Mayor Trimble called for a vote on the above motion. The vote was as
follows: Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor,
Councilman Akin - in favor, Councilman Swartz - in favor, Councilman Wright
- in favor, Councilman Messenger - in favor, and Councilwoman Stemple - in
favor. This motion carried with all in favor.
APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 88-28 UNIFORM BUILDING
CODE BY CHANGING THE WORDING OF SECTION 3 (D) : City Manager Charles
Norwood said this has been brought back to Council from a meeting several
weeks ago. Staff has invited an Engineer to make a presentation. Mr.
Randy Cooper from Garland stated that Mr. Homeyer sent him a copy of our
Ordinance that adopted the Uniform Building Codes with amendments. When
you begin amending these types of ordinances, you can run into problems.
Mr. Cooper stated that the code says the building official has the power to
approve a plan with an engineer seal and to deny a company or person who
has hired an engineer, you are trying to do design work and by setting
design like this is questionable. The City of Dallas tried to adopt their
own code and got into a lot of trouble with it and have since come back to
the Uniform Building Code.
Mayor Pro Tem Naish stated he has checked with several builders and there
is a lot of cities that have 24" centers, most of the builder went to 24"
centers.
Councilman Messenger said the Code reads on 24" centers. Mr. Cooper said
the code says minimum standards are 24" centers. Mr. Cooper also stated
S
that what Council is doing is saying we are going to be the designer and
this is the way it is going to be. Mr. Cooper said his personal opinion is
that he fines nothing wrong with 16" centers or with Trusses, 16" centers
gives a better quality product. Professionally you should look at the best
building for what you are doing.
Mayor Trimble asked if Mr. Cooper would recommend a change to our present
ordinance. Mr. Cooper said yes, I would not recommend an ordinance like
this. As long as you allow manufactured trusses you should be okay. Mayor
Trimble said if the building official does not allow this then what. Mr.
Cooper said then you could be questioned and called down on it. Mayor
Trimble asked if the code addresses the quality of wood. Mr. Cooper said
yes it does.
Councilman Akin said he would like to see Mr. Faires and Mr. St. John and
Mr. Cooper get together and work this out.
Motion was made by Mayor Pro Tem Naish to table this item. Seconded by
Councilman Akin. The vote was as follows: Mayor Trimble - in favor, Mayor
Pro Tem Naish - in favor, Councilman Akin - in favor, Councilman Swartz -
in favor, Councilman Wright - in favor, Councilman Messenger - in favor,
and Councilwoman Stemple - in favor. This motion carried with all in
favor.
CITIZEN PARTICIPATION: Mayor Trimble asked those wishing to address the
Council to come forward at this time and to state their name and address
for the record. There were no speakers at this time.
COUNCIL DISCUSSION: Councilman Akin wanted to know if the impact fee study
in accordance with the new senate bill has been started. City Manager
Charles Norwood stated this study has begun. Councilman Akin said our
Library was in need of a new flag, Congressman Hall has sent us another
flag and I have it for the Library. Councilman Akin said he feels Council
should show total support of the one cent sales tax increase by passing a
resolution, and also the Chamber and Economic Development Board should show
their support.
Councilman Messenger said he attended the Chamber Lunch today and Randy Arp
made a presentation on the one cent increase to sales tax. Also City
Manager made some statements to help clear up some questions, and it went
very well.
Councilwoman Stemple would like to see Council do something for the
volunteer firemen, as they are very important to the City. Our Council
should give them some type of recognition.
Mayor Trimble stated that there would be a short recess and then Council
would convene into a work session in the conference room adjacent to the
Chambers, and all of the citizens are invited to come in.
DISCUSSION OF THE REVISED REPORT - AMBULANCE REQUEST FOR PROPOSAL FOR
CONTRACT AMBULANCE SERVICE: Mr. James Johnson recognized Reta Allen, who
was present and severed on this committee. Mr. Johnson also read the names
of the other committee members. The first statement that each bidders has
to complete is a qualification statement, this statement will eliminate a
lot of bidders and this type of statement has been adopted by several
cities. One of the most important thing the Council has to address is if
you want Basic Life Support(BLS) or Advanced Life Support (ALS) service.
If Council makes a decision to go with ALS, it will be much more expensive
and the bids will probably come in between $100,000 to $200,000 subsidy.
Councilman Swartz stated if BLS gives less service, we do not want to go
that route, we do not want to go backwards.
Mr. Johnson stated if these proposals are adopted, the Emergency medical
Services (EMS) Advisory Board would be a very powerful board. One item to
look at is the First Response Providers - this is very important and the
committee felt EMT training is a necessity for the police force and fire
department. Mr. Johnson also stated that the committee spent a lot of time
on the responsibilities of the contractor and their duties. In these
proposals there are twenty three separate listings of responsibilities.
The committee also felt it necessary to address the field personnel other
than the full paramedic personnel. The committee has stated that entry
level or "apprentice" jobs involve a minimum of initial training and that
the City places no restrictions or exceptions upon the Contractor regarding
compensation of field personnel who are not working in the system in a
paramedic capacity. The committee has felt that the dispatch center should
be served by a "911" telephone system. The council may want to look at the
facilities furnished, as the building now being used will need to be
brought up to standard and this proposals reads that Council would have the
responsibility for the upgrading of this building. There will not be any
rate increases unless council approves them.
Councilman Messenger wanted to know if this could be bid for two year and
three year contract. City Manager Charles Norwood said bid it for two
years with option of additional year after council review.
Mr. Johnson stated that under the Quality, Quantity and Replacement of
Equipment that Council could strengthen this by adding ambulances be
equipped with special equipment for children.
Councilman Swartz thanked the Committee for their work and the long hours
spent on this proposal.
PROPOSED PERSONNEL REGULATIONS: It was suggested to change the vacation
proposals for 10 years of service receive 120 hours of vacation per year
and for 15 years of service receive 160 hours per year. Delete Section 5-4
J. altogether and to review the entire section that deals with sick leave.
Under Section 5-15 - Group Insurance to delete the thirty day (30) waiting
period and have the policy effective immediately.
There being no other items for discussion, a motion was made to adjourn
with all in favor.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: CHARLES NORWOOD, CITY MANAGER
SUBJECT: RECORDS MANAGEMENT OFFICER
DATE: DECEMBER 7 , 1989
BACKGROUND INFORMATION
The 71st Legislation passed a law requiring all
municipalities to appoint a staff person as Records
Management Officer . Once this person is appointed , it is
necessary for that person to attend a seminar which details
their responsibilities and activities . It is obvious that
the person selected should be one that is very familiar with
records in general . The City Secretary basically performs
these functions at this time.
RECOMMENDATION .
The recommendation for Records Management Officer is Carolyn
Jones .
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CITY OF WYLIE
PUBLIC WORKS DIVISION
MEMORANDUM
DATE : NOVEMBER 20. 1989
TO : CAROLYN JONES - CITY SECRETARY
FROM : DON WHITE - PUBLIC WORKS SUPERINTENDENTGih----r
RE : BUSINESS FOR CITY COUNCIL AGENDA
I would like to ask for City Councils authorization to seek
bids for a side mount mower for the Parks & Recreation
department at one of the Council meetings in December.
Please insure that this business is placed on their agenda.
DW;' 1k
xc : Philip Bounds , Park Maintenance Foreman
Municipal
Code
Corporation
November 13, 1989
Ms. Carolyn Jones
City Secretary
City of Wylie
Post Office Box 428
Wylie, Texas 75098
Dear Ms. Jones:
Our Vice President of Sales, Dale Barstow, advises he had a pleasant meeting with
you and Mr. Norwood, concerning the codification of the ordinances of the City
of Wylie. In accordance with your discussion, we are pleased to enclose our
professional services proposal which explains in detail the work involved in the
codification project.
Legal Research - The primary concern in codification is the legal research.
One of our staff attorneys, who is experienced in law and codification
work, would analyze all existing ordinances of a general and permanent
nature. The ordinances would be checked against current state statutes
and court decisions and reviewed in detail for the purpose of eliminating
obsolete provisions, duplications or inconsistencies with the state statutes
and within the ordinances. All findings of our attorney would be discussed
in detail at a conference in the City. A resume' of our law editorial staff is
enclosed.
Editorial Conference - Memorandum - After completing the legal research
the attorney assigned to your Code would conduct the editorial conference.
At conference your City Attorney and other interested officials would
review the manuscript and our recommendations. At this time, input from
the City is necessary. Following the conference, a detailed editorial
memorandum would be prepared indicating the substantive changes agreed
upon.
Edi - The ordinances would be classified according to subject matter.
The changes approved at the conference would be implemented by the law
editor by revising and rewriting the necessary provisions of the Code. All
sections of the new Code would cite the ordinances from which they are
derived. Appropriate state statute references, cross references and other
editorial notes would be prepared and appended to the appropriate
Post Office Box 2235 sections. Sample provisions covering specific subjects would be submitted
1700 Capital Circle, S.W. to the City upon request.
Tallahassee, FL 32316
(904)576-3171
1-800-262-CODE (National)
1-800-342-CODE !Florida)
/6°
Ms. Carolyn Jones
November 13, 1989
Page 2
Indexing - MCC utilizes a combination cross reference and direct citation system, single
or double column format with columnar citations, to enhance ease of reference. Please
note the sample pages attached to the proposal. Indexing is performed by specialists, who
devote full-time to indexing our Codes and Supplements, assisted by special computer
software.
Tables - The Table of Contents lists the chapters, articles and divisions of the Code, citing
page numbers. An Ordinance Disposition Table is included to assist in locating the
ordinances set out in the Code. The Statutory Reference Table cites all state law
references in the Code.
Typesetting, Printing and Binding - The format of the page is designed to accommodate
the maximum amount of material. The type is easy-to-read and includes special typefaces
such as boldface and italics to provide eye appeal and readability. All Codes reflect the
professional quality of a legal publication. The entire looseleaf volume is designed for
future expansion and supplementation on a page-for-page basis.
Our three-post looseleaf binder opens easily for insertion of the supplement pages and
provides minimum wear and tear on the pages during use. Chapter divider tabs would be
furnished for all bound volumes to facilitate location of desired material.
Reprints - Extra copies of any portion of the Code can be furnished at such time as
desired. Many cities order these pamphlets for resale to the public. Supplements to the
reprint pamphlets can be furnished at the same time Supplements are published for the
Code.
Looseleaf Supplement Service - An important feature of the long-range service provided
by MCC is the Looseleaf Supplement Service set out in Part Two of the proposal. MCC
would publish Looseleaf Supplements, whereby new ordinances would be incorporated
into the Code. The Index and Tables would also be updated. Our cost for publishing
the Supplements is on a straight per page basis with no minimum charge. Supplements
may be published on a schedule designed to meet your legislative requirements. Please
note the enclosed sample pages from a recently published Supplement.
The end result. A Code of Ordinances tailored to meet your specific requirements for today and
designed for expansion to meet the needs of tomorrow.
The enclosed brochure introduces you to some of our staff and facilities. Please note the
enclosures in the back of the brochure.
7/
Ms. Carolyn Jones
November 14, 1989
Page 3
Under separate cover, we are forwarding one of our sample Codes reflecting our 8-1f2 x 11 inch
double column computerized formatting. If you have any questions concerning our proposal or
desire additional information, please do not hesitate to call us on our toll free number.
We have recently entered into contracts with Killeen, Tomball, Bellmead, and Brazoria, Texas,
and would like the opportunity to be of serivce to you and the City of Wylie. We appreciate
your interest and look forward to hearing from you in the above regard.
Sincerel
A. Lawt Langford/
President
ALL/ssb
enclosures
/2,
d 1.) \fr__ ____,
l/
(. \\d SOLID WASTE § 16-63
Seg . 16-58. Application for license. they apply for a permit between the period of
(a) Any person desiring a license for the collet July first through December thirty-first of a li-
tion, removal and disposal of trash shall make tense year. The one-half-year fee shall be deter-
mined for such license to the community ser- mined by collecting one-half of the fee the appli-
vices director,who shall make or cause to be made cant would have been required to pay under this
such investigation as he may consider necessary article had the fee been for a full year.
in order to determine whether or not public con (Code 1964, § 14-60)
venience and necessity require the letting of such Sec. 16-60. Cancellation for noncompliance.
license.
(b) In making such determination, the commu If any licensed operator violates any of the ordi
nity services director shall determine if the appli nances of the city relative to the collection of
cant is fit and proper to conduct such business. trash, and it should be deemed-a sufficiently seri-
The application shall set forth: ous violation to disqualify the collector from fur-
ther collecting trash in the city, all licenses then
(1) The name and address of the applicant; currently held by the collector shall be forfeited.
(2) The trade name under which the applicant No refunds, rebates or adjustments for cancella
does or proposes to do business; tion of such licenses shall be made.
(Code 1964, § 14-61)
(3) The number of vehicles;
(4) The nature and character of the service the Sec. 16-61. Cancellation if city collection in-
applicant proposes to render; stituted;rebate of fees.
(5) The experience the applicant has had in If the city desires to enter into the business of
rendering such service; collecting and disposing of trash, it may cancel
any license in effect for the collection of trash
(6) The patrons for whom the applicant pro- within the city, provided it cancels all such licen-
poses to render the services; and ses then current in the city, makes a rebate on a
(7) Such other information as the community pro rata basis for the amount of the licenses then
services director may require. used, and gives a six-month notice of its intent to
cancel all licenses to each holder of a license to
(c) The applicant shall further file with his ap- collect trash in the city.
plication the following: (Code 1964, § 14-62)
(1) Certificates of ownership in name of the
applicant of vehicles to be licensed; Sec. 16-62. Vehicles subject to regulation.
(2) Current Florida registration in name of the All vehicles licensed to collect trash shall be
applicant of vehicles to be licensed. subject to the rules,regulations and ordinances of
(Code 1964, § 14-59) the city governing the collection and disposal of
trash.
Sec. 16-59. License fee,duration. (Code 1964, § 14-65)
(a) Licenses to collect trash shall be issued to Sec. 16-63. Information to be painted on
the qualified applicant for a period of one(1)year vehicle.
provided, however, that the applicants or holders Each truck licensed pursuant to the provisions
of a license shall pay to the city the annual fee
of this article shall have painted on its sides, in
which is on file in the city clerk's office.
letters of sufficient size so that the same are read-
(b) The license period will be from January first ily visible, the name of the licensee, the address
through December thirty-first of each year. Qual- of the licensee, the telephone number of the li-
ified applicants may pay a one-half-year fee for censee, and the city license number.
each truck to be used to collect trash in the city, if (Code 1964, § 14-67)
Supp. No. 2
965
/3
TO: CHARLES E. NORWOOD, CITY MANAGER ,>
FROM: JAMES JOHNSON, FINANCE DIRECTO12"✓ -L /�b �.�
DATE: DECEMBER 8, 1989
SUBJECT: AMBULANCE COMMITTEE REPORT
Approximately 10 days ago, I made a presentation on the amended
Ambulance Committee Report. In light of the existing ambulance
contract expiration date at the end of this month, several decisions
have to be made by by the Council before staff can draft the final RFP
(Request for Proposal) and advertise for sealed bids. Moreover, an
ordinance regulating ambulance operations will need to be presented to
the Council for consideration. So as to quickly review points made at
the Nov. 28th meeting, staff needs direction in some of the following
areas:
1. Does the Council want to specify a minimum of ALS (Advanced Life
Support) service in the contract? An alternative would be the request
in the proposal as BLS (Basic Life Support) service as an alternate
bid. The Committee recommends at least ALS service levels.
2. An approval of the qualification statement at the front of the
report. This qualification statement will on its face eliminate some
potential bidders. However, the "Committee" felt that minimum
qualification criteria was needed so as to attract potential ambulance
contractors of a proven and known quality. Secondly, the Committee
was divided over whether to add a section to this area requiring
potential bidders to tell in the statement about any quality assurance
programs in effect for their service. Council may also want to
require financial statements from bidders.
3. On page 7, (C-2) the Committee proposes a powerful board of
citizens that reports to the City Manager and Council on emergency
medical service matters. This Emergency Medical Services Advisory
Board (EMSAB) may on occasion, as in other cities were used, be
required to travel or incur expenses (seminars and training because of
the field's technical nature) on the City's behalf.
4. On page 8 (C-4) , the report designates the Wylie Fire Department
(or it can be the Police Department) as first responders - training as
EMT's a minimum for these personnel.
5. Page 8 (C-5) - calls for radio - control physicians to go along
with the ALS level of service. This will involve some expenditure of
funds for radios though Physician Regional is already set up for this
communication procedure. This is essential for some emergency cases.
6. On page 9, the General Performance Requirements section (D) and
(Dl) Performance Required stipulates that any contract with the City
is on a performance basis (including equipment, maintenance, training
and so forth) . These sections are some of the most important in the
report and are explained further in the pages that follow (Pages 10,
11, 12, 13, etc.) . On page 11, the primary responsibilities section
of the contract provisions are detailed and identified. On page 17
the report details the qualifications of ambulance field personnel and
is essentially structured for an ALS level of service with a para-
medic supervisor.
7. Page 18 - Dispatch Center Operations sets forth requirements to
continue City's 911 approach to Emergency - Public Safety Operations -
and speaks to the issue discussed before as to ambulance contractor
dispatching.
8. Page 20 - Regarding Unit Hour Coverage - establishes reference
points and requirements for contractor coverage - this is continued
with the Committee's "Response Time Requirements". A critical issue
in this contract proposal - page 22 - "First Responder Alert" and use
of Mutual Aid Providers - this will assure us of coverage in
/1
fulfilling response time and protection for city if both ambulance
stationed in City are out - a critical provision.
9. Page 31 (23) Most Favored Customer - actually is a section that I
want Council to be sure and read and understand as it establishes the
City of Wylie as the contractor's primary concern, as well as, noting
the subsidy paid by the City is not intended to enhance contractor's
marginal cots by establishing that contractor has responsibility to
operate effectively and efficiently and operate so as to reduce City's
subsidy share of operational expenditures.
10. Page 32 - Medical Control (#25) - an area where some problems have
developed in past, hopefully this section will clear this up - any
loss of medical control will cancel contract.
11. Page 35 - Insurance and Indemnification - a critical and extremely
important section - see page 55 (bottom) #26 and page 56 for actual
coverage amounts - rather than go into detail on these areas - a
review by Council of the Committee's recommendations would be the best
approach - of concern and some debate was the medical malpractice
insurance requirement of $500,000 - this is probably low but was an
issue compromised by the Committee - the $1,000,000 umbrella liability
policy is 10 times the existing requirement. The Committee actually
felt these sections are minimal at best and should be strengthen and
increased in the future.
12. Page 38 - Facilities - the existing facility will need some work -
probably the City will need to dress the place up and repair it to do
nothing actually jeopardizes a city building (though old) and fire
equipment also housed there. ON pages 38 & 39, provisions and
penalties are recommended for chronic abuses ($200.00 fine) - after
four warnings - you may want to reduce the number of warnings.
13. Transfer Permits (K) on page 46 is also an issue of some debate -
Conmittee sought to remedy problem and enhance provider's ability to
serve area with this permitting process.
14. On page 61 - the Committer to establish some criteria for bid
evaluation - council may want to establish a different criteria
ratings process.
In closing, special thanks go to Committee Members, without whose
service and commitment to the City of Wylie would have made this
report impossible and to Barbara Salinas, of the Police Department for
acting as Secretary and minutes writer allowed the Committee the
opportunity to review its work in a timely fashion.
Dr. Ron Pilkington - Physician
Peggy McCollum - Physician Regional Hospital
Ed Snead - Wylie Police Department
James Johnson - City of Wylie Finance Director
Cal Westerhof - Former Council Member
Reta Allen - Former Ambulance Company Owner
W. C. Allen - Former Ambulance Company Owner
/r
/- 3 6 ey
1 _ , •
:the c741_4"-
CITY OP' WYLIE
2000 HWY 78 N - P.O. BOX 428
WYLIE,TEXAS 75098
TO: Charles Norwood, City Manager
Carolyn Jones , City Secretary
FROM: James Johnson , Finance
RE: December 12 , 1989 Agenda
DATE: 11/30/89
After conversations yesterday and today, with David Medanich
of 1ST Southwest Co. , it appears that the City needs to give
notice on the bonds to be issued for the sewage collection
project mandated by the State of Texas and upcoming landfill
closure . Additionally, approximately $150 , 000 will be
proposed to be issued for the acquisition of property for
the P. W. facility and relocation. The agenda item will
need to be titled "Consider Resolution Giving Notice of
Intention to Issue Certificates of Obligation and All Other
Matters Related Thereto . "
The issue will be in the range of $3 . 5 million with $2 . 0
million for the collection system $1 . 35 million for the
landfill closure and $150 , 000 for the P. W. facility
acquisition.
FULBRIGHT & JAWORSKI
2200 Ross AVENUE
SUITE 2800 HOUSTON
WASHINGTON.D.C.
DALLAS,TEXAS 75201 AUSTIN
SAN ANTONIO
TELEPHONE 214/855-8000 DALLASLONDON
TELECOPIER:214/85S-8200 ZURICH
FULBRIGHT JAWORSKI &
REAvis MCGRATH
NEW YORK
LOS ANGELES
December 4, 1989
Ms . Carolyn Jones
City Secretary
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
Re: City of Wylie, Texas, Certificates of Obligation
Dear Ms . Jones :
Enclosed herewith is a notice of meeting to be posted in
accordance with the attached memorandum. Said notice pertains
to the meeting of the City Council to be held on December 12 ,
1989, and is concerned with the action to be taken by the
Council with respect to approving and authorizing publication
of notice of intention to issue certificates of obligation.
If a notice of meeting has already been posted for such
meeting and said notice includes the subject matter mentioned
above, the enclosed notice may be discarded.
Also enclosed is a draft of the resolution approving and
authorizing publication of notice of intention to issue
certificates of obligation for review by the appropriate City
officials and distribution to councilmembers prior to the
meeting to be held December 12 , 1989 .
Should you have any questions, please advise .
Sincerely,
e7:2//
Ed H. E5A.di
EHE:dfc
Enclosures
cc : Mr . David Medanich
A RESOLUTION approving and authorizing publication
of notice of intention to issue certificates
of obligation.
WHEREAS, the City Council of the City of Wylie, Texas,
has determined that certificates of obligation should be issued
under and pursuant to the provisions of V.T.C.A. , Local
Government Code, Subchapter C of Chapter 271 , for the purpose
of ( 1) paying contractual obligations to be incurred for the
construction of public works , to wit : ( i) improvements and
extensions to the City' s combined Waterworks and Sanitary Sewer
System, including the installation of sewer interceptor lines
and related facilities and (ii ) capping the City' s landfill to
conform to the State' s requirements, (2) purchasing and
acquiring a building for the City' s utility department and (3)
paying contracts for professional services ; and
WHEREAS, prior to the issuance of such certificates, the
City Council is required to publish notice of its intention to
issue the same in a newspaper of general circulation in the
City, said notice stating ( i) the time and place the Council
tentatively proposes to pass the ordinance authorizing the
issuance of the certificates, ( ii) the maximum amount proposed
to be issued, (iii) the purposes for which the certificates are
to be issued and ( iv) the manner in which the Council proposes
to pay the certificates ; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1 : That the City Secretary is hereby authorized
and directed to cause notice to be published of the Council ' s
intention to issue certificates of obligation in the principal
amount not to exceed $3 , 500 ,000 for the purpose of (1) paying
contractual obligations to be incurred for the construction of
public works, to wit : (i) improvements and extensions to the
City' s combined Waterworks and Sanitary Sewer System, including
the installation of sewer interceptor lines and related
facilities and ( ii) capping the City' s landfill to conform to
the State ' s requirements , (2) purchasing and acquiring a
building for the City' s utility department and (3) paying
contracts for professional services, such certificates to be
payable from ad valorem taxes and a limited pledge of the net
revenues of the City' s combined Waterworks and Sanitary Sewer
System. The notice hereby approved and authorized to be
published shall read substantially in the form and content of
Exhibit A hereto attached and incorporated herein by reference
as a part of this resolution for all purposes .
/5.
SECTION 2 : That the City Secretary shall cause the
aforesaid notice to be published in a newspaper of general
circulation in the City, once a week for two consecutive weeks,
the date of the first publication to be at least fifteen ( 15)
days prior to the date stated therein for the passage of the
ordinance authorizing the issuance of the certificates of
obligation.
PASSED AND ADOPTED, this the 12th day of December, 1989 .
Mayor, City of Wylie, Texas
ATTEST:
City Secretary, City of
Wylie, Texas
(City Seal)
3 9 3 8 s
-2-
EXHIBIT A
NOTICE OF INTENTION TO ISSUE CITY OF
WYLIE, TEXAS, CERTIFICATES OF OBLIGATION
TAKE NOTICE that the City Council of the City of Wylie,
Texas, shall convene at 7 : 00 o ' clock P.M. on the 23rd day of
January, 1990, at its regular meeting place in the City Hall ,
2000 Highway 78 North, Wylie, Texas , and, during such meeting,
the City Council will consider the passage of an ordinance
authorizing the issuance of certificates of obligation in an
amount not to exceed $3 , 500, 000 for the purpose of (1) paying
contractual obligations to be incurred for the construction of
public works, to wit : ( i) improvements and extensions to the
City' s combined Waterworks and Sanitary Sewer System, including
the installation of sewer interceptor lines and related
facilities and (ii) capping the City' s landfill to conform to
the State ' s requirements , (2) purchasing and acquiring a
building for the City' s utility department and (3 ) paying
contracts for professional services , such certificates to be
payable from ad valorem taxes and a limited pledge of the net
revenues of the City' s combined Waterworks and Sanitary Sewer
System. The certificates are to be issued, and this notice is
given, under and pursuant to the provisions of V.T.C.A. , Local
Government Code, Subchapter C of Chapter 271 .
City Secretary, City of
Wylie, Texas
3 9 3 9 s
as
CENTRAL APPRAISAL DISTRICT
OF
COLLIN COUNTY
FAX 1201 W. 15th Street, Room 136 214/423-8802
424-9778 Plano, Texas 75075-7261 214/542-0306
November 16, 1989
Chuck Trimble, Mayor
City of Wylie - r _
P. O. Box 428 I('�
Wylie, TX 75098
NOV20
Dear Mayor Trimble:
Due to the passage of the Freeport Amendment which was
Proposition 5 on the ballot of the November 7, 1989 election,
certain goods, wares, merchandise and other tangible personal
property will be exempt from ad valorem taxes effective January
1, 1990 unless an ordinance or resolution is adopted by the
governing body prior to this date.
Since it is virtually impossible at this time to identify the
property involved and what effect it would have on your tax roll,
you might possibly want to continue taxing the property. This
would allow my office enough time to determine the potential loss
of value on your roll for 1991.
Enclosed you will find a sample resolution that must be passed by
your governing body before January 1, 1990, if you wish to
continue to tax this property.
Sincerely,
Jimmie C. Honea
Chief Appraiser
JCH/dlw
02/
RESOLUTION NO.
RESOLUTION OF THE CITY OF WYLIE, TEXAS
ALLOWING THE CITY TO TAX ALL TANGIBLE
PERSONAL PROPERTY AS DEFINED IN SAID
PROPOSED AMENDMENT ADDING SECTION 1-J
TO ARTICLE VIII OF THE TEXAS
CONSTITUTION AND IN SECTION 11.251
TEXAS TAX CODE IN THE TAX YEAR 1990
AND EACH YEAR THEREAFTER
WHEREAS, the seventy-first Texas Legislature in its regular
session, enacted a proposed constitutional
amendment that was submitted to the voters and
approved on November 7 , 1989 , for the purpose of
exempting certain tangible personal property from
ad valorem taxation; and,
WHEREAS, the exempt personal property unless otherwise
taxed on a local option basis, is defined in the
amendment and includes, but is not limited to,
good , wares, ores, and merchandise, other than
oil , gas and other petroleum products , acquired in
or imported into this State for assembling,
storing , manufacturing , processing , or fabricating
purposes and transported outside of the State
within 175 days ; and,
WHEREAS, said constitutional amendment , as adopted by the
voters , requires that official actions by county,
common, or independent school districts , junior
college districts, or municipalities, including
home-rule cities , must be taken within certain
time periods in order to tax this otherwise exempt
personal property; and,
WHEREAS, any official action to tax such otherwise exempt
property in the future must be taken before April
1, 1990 , and must be taken before January 1 , 1990 ,
in order to tax such property for Tax Year 1990 ;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Wylie, Texas shall tax all tangible
personal property as defined in said proposed
amendment adding Section 1-j to Article VIII of
the Texas Constitution and in Section 11 . 251 ,
Texas Tax Code, in Tax Year 1990 and each year
thereafter .
0?A
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS in a public meeting on this the 12th
day of December, 1989 .
Chuck Trimble, Mayor
FOR AGAINST
Mayor Trimble
Mayor Pro Tem Naish
Councilman Akin
Councilman Swartz
Councilman Wright
Councilman Messenger
Councilwoman Stemple
ATTEST :
Carolyn Jones , City Secretary
MEMORANDUM
TO : Charles Norwood, City Manager
dr"
FROM: Ron Homeyer, P. E. , Staff Engineer
Roy Faires, Code Enforcement Offic=
DATE: December 8, 1989
RE: Ordinance No. 88-28, Section 3(d)
in regards to Engineered Wooden Trusses
The City Staff has continued its investigation into the
issue of engineered wooden roof trusses as directed by the
City Council at their last regularly scheduled meeting.
After extensive research and discussion, it has been
determined by the staff that there are several more factors
involved with the use of engineered wood trusses, in
addition to the issue of maximum spacing requirements. A
synopsis of some of these items is as follows :
1 . Manufacturers of engineered wooden trusses are required
by the Uniform Building Code (UBC) , 1988 edition to
have their plant and operation inspected by a
financially independent organization on a random basis.
The Rushin Truss Company in Wylie has indicated that to
this date they have not had their facility inspected.
2. Engineered wooden trusses often times specify different
grades of lumber within the same truss. This is an
area that can be very difficult to verify since only
one place is grade stamped on a piece of lumber, no
matter what length it is ; therefore, when the piece of
lumber is cut into the shorter components of an
engineered wooden truss, there is no grade mark
available for verifying that a truss has been
manufactured according to the engineered design. The
above referenced inspections would help to alleviate
this concern, but we also feel that an inspection by
the City' s Building Official during the manufacture of
trusses used in Wylie would still be necessary. This
would probably require an additional inspector in the
future should rapid growth return to Wylie.
3. The use of Engineered wooden trusses on a wooden framed
house needs to have the remaining portion of the
structure (mainly the supporting walls) engineered as
well , in order to assure that the truss is properly
supported and braced so that the minimum safety
standards of the UBC are met.
This problem becomes critical when a truss is designed
for a 24 inch spacing and the wall studs are required
to have a 16 inch spacing. Under this scenario, every
other truss is supported by the top-plate of the wall
(horizontal member ) only, not by a wall stud (vertical
members ) . An engineer must provide a structural
analysis of the framing in this circumstance in order
to determine whether the truss can be supported by the
top-plate. If the top-plate cannot support the truss,
then the engineer must make a recommendation to provide
the necessary strength in the top-plate.
4. Engineered wooden trusses also are required to have
additional blocking between the trusses inorder to
prevent lateral movement of the trusses. This UBC
requirement is for all instances where trusses are
used, no matter what the spacing is on the trusses. It
would be necessary in this instance as well for a
structural engineer to provide a recommendation to
insure compliance with the Code.
After consideration of the previously noted concerns, the
City Staff recommends that the Ordinance No. 88-28, Section
3(d ) remain as amended in order to provide the best
assurance for the health, safety and welfare of the citizens
of Wylie.
V
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE BUILDING CODE ORDINANCE NO.
88-28 BY CHANGING THE WORDING IN SECTION
3 (D) , CONTAINING A PENALTY CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS :
SECTION 1 That Section 3 (d) of Ordinance 88-28 be, and it
is hereby amended by the insertion of the
following in section 2309:
(d) . All wood ceiling joists shall have a
minimum nominal dimension of 2 inches by 6 inches
(unless part of an Engineer Truss) and they shall
have a maximum spacing of 16 inches on centers
SECTION 2 PENALTY CLAUSE - Any person firm or corporation
violating any of the provisions or terms of this
ordinance shall be subject to a fine not to
exceed the sum of Five Hundred ($500 . 00 ) for each
offense, and each day such violation shall
continue to exist shall constitute a separate
offense.
SECTION 3 SEVERABILITY CLAUSE - Should any paragraph,
sentence, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be
unconstitutional , illegal or invalid, the same
shall not affect the validity of this ordinance
as whole or any part so decided to be invalid,
illegal or unconstitutional and shall not affect
the validity of the remaining portions of this
ordinance.
SECTION 4 EFFECTIVE DATE - This ordinance shall take effect
immediately from and after its passage and
publication of its caption, as law in such cases
provides .
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS ON THIS THE 7TH DAY OF NOVEMBER, ,y89 .
Chuck Trimb e, Mayor
ATTEST :
Carolyn ne ity Secretary
SEAL
1111. nits n�u�`I3\\�����
MEMORANDUM
TO : Charles Norwood, City Manager /
FROM: Ron Homeyer, P. E. , Staff Engineer O�t
DATE: December 4, 1989 �"
RE: Wastewater Collection System Improvements
Payment Request - Hunter Associates , Inc.
I have reviewed the attached invoices from Hunter
Associates, Inc. The amounts requested are within the
contract amounts as shown by the attached invoices and
contract summary. Also, all of the work indicated in the
invoices has been performed within the time frame stated.
Therefore, I recommend the payment of $4, 966. 25 to Hunter
Associates, Inc.
-773 ;
Pyrf'Te-1
Hunter A =_ = ==> c i ales t 1 r <=, .
8140 Walnut Hill Lane, Suite 500
Dallas , Texas 75231
( 214 ) 369-9171
Date: 11 /28/89
City of Wylie
P . O. Box 428 C/C Number : 3 8
Wylie, TX 75098
Attn : Charles Norwood
Materr,•=- r, - c• f Ac c• ur, t
-DATE- -JOB NO- - INV . NO- -AMOUNT-
Previous Unpaid BiIings :
10/ 13/89 D89012 22186 4 , 200 . 00
Total 4 , 200 . 00
Current Month Bi ' I : ng_s :
11 / 17/89 D89012 22214 7 , 160 . 00
1 1 / 13/83 0890 12S: 22215 2 , 806 . 25
Total 4 , 966 . 25
PREVIOUS DUE 4 , 200 , 00
CURRENT BILLINGS + 4 , 966 . 25
TOTAL CURRENT DUE = 9 , 166 . 25
PLEASE REMIT AMOUNT DUE TO: HUNTER ASSOCIATES, INC.
8140 WALNUT HILL LANE , SUITE 500
DALLAS, TEXAS 75231
Please disregard if payment has been made .
f„\ 7 /�, r
Pay This INVOICE NOV 2 11989
HUNTER ASSOC I ATES, I NC . Page 1 of 1 . " -` "_"'
' ENG I NEERS/PLANNERS/SURVEYORS
DALLAS AUST I N Invoice No. 22214
a14-368-9171 512-4S4-8716
Date Nov 17, 19 8 9
To: City of Wylie
P.O. Box 428 Your Job No.
Wylie, Texas 75098
Our Job No. D 8 9 012
C\C 38-TWS
For professional and technical services as required for the design
of a sanitary sewer trunk main to be constructed in the Muddy Creek
drainage basin. The trunk main will commence at a stub-out to the
existing lift station located along S .H. 78 and extend northerly
to service South Fork Mobile Home Park and Presidential Estates .
This work includes the preparation of a preliminary design report,
right-of-way descriptions, construction plans and specifications,
and construction management. The technical services were supplied
during the payroll period as indicated and are part of the Basic
Services as defined in the Contract For Professional Services
executed on July 25, 1989 by Charles Norwood, City Manager.
PAY PERIOD DESCRIPTION
11-17-89
Preliminary Design Report $2, 400 x 100%= $ 2 , 400 . 00
Right-Of-Way and Easement
Description Preparation $9 , 600 x 100%= $ 9 , 600 . 00
Final Design and
Construction Plans $28, 000 x 100%= $28 , 000 . 00
Construction Administration $ 7 , 200 x 30%= $ 2 , 160 . 00
SUBTOTAL $42 , 160 . 00
LESS PREVIOUS INVOICE # 22153 - 9 , 600 . 00
LESS PREVIOUS INVOICE # 22168 26, 200 . 00
LESS PREVIOUS INVOICE # 22186 4, 200 . 00
TOTAL $ 2, 160 . 00
TOTAL AMOUNT DUE THIS INVOICE . . . . $ 2, 160 . 00
Please Return Enclosed Copy With Remittance To:
HUNTER ASSOCIATES, INC.
8140 WALNUT HILL LANE
SUITE 500
DALLAS, TEXAS 75231-4350 Total This Invoice $ 2 , 160 . 00
Pay This INVOICE
HUNTER ASSOCIATES, I NC . Page 1 of 1
' ENG I NEERS/PLANNERS/SURVEYORS
DAU-A5 AUST IN Invoice No. 2 2 215
214-389-9171 512-454-8719
Date Nov. 13, 1989
To: City of Wylie
P.O. Box 428 Your Job No.
Wylie, Texas 75098
Our Job No. D8 9 012 S
Attn: Charles Norwood
C\C 38-TWS
For technical and professional services as required for field
topographic surveying for the design of a sanitary sewer trunk main
to be constructed in the Muddy Creek drainage basin. The trunk
main will commence at a stub-out to the existing lift station
located at S.H. 78 and extend northerly to service South Fork
Mobile Home Park and Presidential Estates . This work includes the
construction layout staking. The technical services were supplied
during the payroll period as indicated and are part of the
Additional Services as defined in the Contract for Professional
Services executed on July 25, 1989 by Charles Norwood, City
Manager.
CONTRACT LABOR
PAY PERIOD DESCRIPTION MATERIAL COST
09-31-89 Field Surveying $ 2 , 005 . 00
Survey Mileage 240 . 00
Direct Cost $ 2 , 245 . 00
Indirect Cost 561 . 25
Total $ 2, 806 . 25
TOTAL AMOUNT DUE THIS INVOICE . . . . . $ 2, 806 . 25
Please Return Enclosed Copy With Remittance To:
HUNTER ASSOCIATES, INC.
8140 WALNUT HILL LANE
SUITE 500
DALLAS, TEXAS 75231-4350 Total This Invoice $ 2, 806 . 25
20
HUNTER ASSOCIATES CONTRACT & INVOICE SUMMARY
Invoice Date Survey Preliminary ROW & Esmt Final Construction
Number Services Design Description Design Administration
22153 8-31-89 $2,400.00 $7,200.00
22156 8-31-89 $6,449.38
22168 9-19-89 $2,400.00 $23,800.00
22169 9-19-89 $2,487.50
22186 10-13-89 $4,200.00
22214 11-17-89 $2, 160.00
22215 11-13-89 $2,806.25
TOTALS $11,743. 13 $2,400.00 $9,600.00 $28,000.00 $2, 160.00
CONTRACT AMOUNTS $12,000.00 $2,400.00 $9,600.00 $28,000.00 $7,200.00
c3/
SECTION 5
ATTENDANCE/LEAVE/BENEFITS
SECTION 5-1 : Hours of Work
The hours during which city offices and departments are open
for business will be determined by the City Manager. Being
late to a specified duty station may be grounds for
dismissal (see section 6-6) .
SECTION 5-2 : Attendance
Employees will be required to be at their places of work in
accordance with the hours established by the City Manager
and department regulations . All departments will maintain
attendance records of employees . Poor work attendance,
without excuse, may be grounds for dismissal , or employee
may be subject to a watch program for one year . (See
section 6-6 ) .
SECTION 5-3 : Holidays
A. The following holidays are declared official
holidays for city employees . If the holiday falls
on Saturday, it will be observed on the preceding
Friday. If the holiday falls on Sunday, it will
be observes on the following Monday. Paid
holidays include:
1 . New Year ' s Day January 1
2 . Memorial Day Last Monday in May
3 . Independence Day July 4
4 . Labor Day 1st Monday in Sept .
5 . Thanksgiving Day 4th Thursday in Nov.
6 . Friday following Thanksgiving
7 . Christmas Eve December 24
8 . Christmas Day December 25
9 . 3 Personal holidays to be taken after the
completion of one year continuous service and
only with prior approval of department head .
B. Temporary and/or seasonal employees , or employees
who nave not completed tneir probationary period
will not be eligible for paid holidays .
C. An employee who is absent without authorized sick
or vacation leave on the working day immediately
preceding or following a holiday will lose pay for
the holiday as well as pay for that day.
D. An employee who is required to work on a holiday
will be given an alternate day off or will be paid
2 . 5 times his regular rate for the time worked.
E . All employees in the city' s service, except
temporary, seasonal and part-time employees, will
be granted one additional vacation day (8 hours) ,
except for police department who will be granted
one addition vacation day of 12 hours , if the
employee has not used any sick leave or injury
leave benefits in a one year period .
F. Employees will have the option to use vacation or
comp time for sick time where applicable .
SECTION 5-4 : Vacation
A. All employees in the city' s service, except
temporary, seasonal and part-time employees will
be allowed vacation leave with pay after the
completion of one year of employment , at the rate
of eighty (80 ) hours per year , except police
department which will be at the rate of eighty
four (84 ) hours per year .
B. Employees who have completed years of
continuous service with the city will be granted
one hundred twenty (120) hours of paid vacation
per year , except police department which will be
at the rate of one hundred twenty six (126) hours
per year .
C. Employees who have completed .4en-11t) years of
continuous service with the city will be granted
one hundred sixty (160) hours of paid vacation per
year , except police department which will be at
the rate of one hundred sixty eight (168) hours
per year .
D. Employees who have completed twenty (20 ) years of
continuous service with the city will be granted
two hundred (200) hours of paid vacation per
year , except police department which will be at
the rate of two hundred ten (210 ) hours per year .
E. Absence due to sickness, injury or disability in
excess of that hereinafter authorized for such
purpose may , at the request of employee and at the
discretion of the department head , be charged
against vacation leave or comp time .
F. Each department or division head will schedule
individual vacation leaves at the request of the
employee insofar as is possible , taking into
consideration the employee' s seniority and the
operating requirements of the department .
G. During the vacation herein provided for, the
employee will be entitled to full pay for such
period at his regular rate of compensation .
H . In the event that one or more paid legal holidays ,
as set forth in section 5-3 falls during the
vacation period herein provided , then and in that
event , the vacation period will be extended one
work day for each holiday .
I . Vacation time earned during one anniversary year
must be taken during the following year . Under
special circumstances , permission may be granted
by the City Manager to carry over vacation time
from one year to the following year , but such
carry over vacation may not be in excess of forty
(40) hours .
J . sen an employee ' s rvice wit:, the city is
to •' inated in good stan following a m . nimum of
one ,ar ' s employment,,, mpl.o.ye -- , aII receive
compens: tion fore-i'nused v4o-a n leave accrued at
a rate b.. sed- on years -tif servi and work week
‘‘I° standards . When su:eh termination i voluntary
resignation o ,Afie employee , the emplo shall
give the ci - least two (2) weeks ' itten
-'not ice .
Ca3
K. If , in the opinion of the department head, an
employee' s attendance on the job is necessary or
beneficial to city service, the employee may, upon
approval of the City Manager , receive compensation
in lieu of vacation leave time.
SECTION 5-5: Sick Leave
A. All employees in the city' s service, except
temporary, part-time and seasonal employees will
be entitled to sick leave after satisfactory
completion of the probationary period following
\ itial employment . Employees will not eceive
Oainy for the first day of absence due to - llness .
Hoover , they shall have the option • use a
pers' nal holiday credit or vacation edit , if
eligible for such credit , for the f st day of
absenc . Sick leave credit will accr - , from date
of employment , at the rate of eig (8) hours
leave with, pay for each completed m• th of service
upon satisfactory completion of probationary
period .
B. Unused sick leave credit may be accumulated up to
a maximum of nine hundred sixty (960) hours .
r7C. Employees absent from work rn legal holidays ,
during sick leave , vacation , for disability
arising from injuries susta ' ed in the course of
their employment , for ',all authorized leaves of
absence with pay and for au horized leaves without
‘ ‘\\\
pay for not over ten (10) ays in any one calendar
year shall continue to cumulate sick leave at
' the regularly prescribed rate during such absence
as though they were o, duty, subject to the
maximum limitation herein provided.
An employee eligible f/or sick leave with pay may
use such sick leav#, upon approval of his
l department or office head, for ' absence due to
l' i\ ': :t . personal illness , do6tor or dentist appointments .
` Sick leave may not <' be used by the employee to
attend to personal business or for family members '
illness . Any employee on sick leave will inform
his immediate supervisor of the fact and the
reason therefor s soon as possible and failure to
do so within a reasonable time may be cause for
denial of pay or the period of absence . The
department hea may require a doctor ' s certificate
before approv ng sick leave with pay.
E . Administrat ve leave of up to three days will be
granted for death in employees ' immediate family.
(Spouse, ' mother , father , sister , brother,
grandparents , or in-laws) . In special cases ,
extra time can be granted, if necessary, 'upon
approval by the City Manager .
F . Absenc s for a fraction or part of a day that are
charge ble to sick leave in accordance with these
provi ions will be charged proportionately in an
amo t not smaller than four (4 ) hours . Absences
fo a fraction or part of a day that are in an
,mount smaller than four (4) hours may be made up
' on another day with approval of the department
/ head .
G . Sick leave credits may not be transferred from one
employee to another .
SECTION 5-6 : Leave for Hazardous Weather Conditions
An employee who fails to report to work for scheduled work
hours during hazardous weather conditions , such as icy
roads, may at his option use vacation time credit , comp time
credit , or personal holiday, if eligible for such time, in
order to receive payment for that time. Sick time credit
shall not be used .
SECTION 5-7; Occupational Disability or Injury Leave
(Worker ' s Compensation)
A. An employee disabled as a result of an injury on
the job which is covered by Worker ' s Compensation
shall be granted injury leave with pay at his
regular salary for seven (7) working days . This
injury leave shall not be charged to sick or
vacation leave.
B. After the aforementioned seven ( 7) days , the
employee shall be paid the difference between his
regular salary and any Worker ' s Compensation
payments received for such injury for the first
thirteen weeks of such leave. The employee shall
be paid an amount equal to the Workman ' s
Compensation allowance, less deductions , for
twenty six weeks following the initial thirteen
weeks . The employee will receive Worker ' s
Compensation payments only thereafter until the
employee has been on such leave for a total of
three years. After three years , the employee must
return to work or shall be replaced and will
receive no further compensation or benefits from
the City. This injured leave status is subject to
review and medical opinion at any time. And its
status may be changed subject to the decision of
the City Manager .
1 . An employee , while on occupational disability
injury leave, shall continue to earn vacation
and sick leave at the regular rate for the
first thirteen (13 ) weeks of such leave.
Thereafter , the employee will no longer earn
vacation and sick leave credits , and after
three years of such leave, will be required
to return to work after the approval of
attending physician or be terminated .
2 . An employee shall report injuries incurred in
the line of duty immediately to his foreman
or supervisor .
3 . When an employee suffers injury or death on
the job, the Personnel Director shall
complete an accident report immediately on
forms provided by Worker ' s Compensation and
submit it to Worker ' s Compensation as
directed, and retain one copy in the
personnel files .
C. Any exceptions to this policy must be approved by
the City Manager and City Council .
SECTION 5-8 : Jury Service or Court Leave
Employees who are required by due process of law to render
jury service or court service will be expected to perform
these duties and will be paid in full for days in which they
are in court . Court service does not apply to personal
court dates .
SECTION 5-9 : Military Lea .e
Employees will be allowed leave for military duties upon
presentation of military orders in accordance with federal
and state statutes . See Exhibit "A" .
SECTION 5-10: Travel Expenses
Travel policy has been established by resolution . Please
see Exhibit "B" .
SECTION 5-11 : Leave of Absence
The City Manager may grant a permanent employee leave
without pay when requested by the employee's department head
for a period not to exceed one (1 ) year when such leave will
not adversely affect the city. A leave of absence does not
obligate the city to guarantee re-employment at the same or
similar level as prior to the leave. Approved leave of
absence will not constitute a break in service; however , the
time off will not be accrued time toward longevity or
promotion and no sick or vacation time will be earned during
this period .
SECTION 5-12 : Effect of Leave
When any leave of absence without pay exceeds two (2 ) weeks
in any month, service credit for all employment privileges
will cease until active employment is resumed .
SECTION 5-13 : Voting Privileges
All employees entitled and registered to vote in national ,
state, county or municipal elections shall be allowed
sufficient time off with pay to exercise this privilege , as
determined by individual department heads .
SECTION 5-14 : Social Security Coverage
The Social Security Act provides a plan for benefits to
workers and their survivors . In accordance with this plan ,
the city contributes an amount equal to that paid by each
employee . The contributions are made to a federal fund from
which benefits are paid in the event of the employee' s
death , retirement or disability .
SECTION 5-15 : Group Insurance
In order to encourage an employee to provide greater
security for the entire family (as well as the employee) in
time of sickness , the city sponsors a group life and health
insurance plan. The city pays for the portion of the health
and life insurance premium required to cover the employee
and the employee, at his option , pays for the portion of the
health premium required to cover the dependents . There is .a4
waiting period for each employee before the
policy is effectiveC' rn,. 1/ , L€ /
-y
SECTION 5-16 : Retirement System
/C�
A . All regular full -time employees with the City of
Wylie are required to enroll in the Texas
Municipal Retirement System as a condition of
their employment if they meet TARS guidelines for
(.1/5)6
B. Each ■ember will deposit (by payroll deduction)
with TMRS approximately five percent (5%) of his
monthly salary. The city will deposit in the
system an amount that shall be allocated each year
by the budget .
C. Any member who served in the Armed Forces of the
United States may purchase Military Service
Credit , when meeting the following conditions:
(1 ) The member must have at least ten years of
creditable TMRS service and have been
employed by a participating city or cities
for ten or more years .
(2) The military service being purchased must
have been performed as active duty in the
Armed Forces of the United States (or its
auxiliaries) or in the Armed Forces Reserve
of the United States (or its auxiliaries)
during a period of organized conflict or
crisis . Military service performed between
April 6 , 1917 and November 11 , 1919 , or
between October 16 , 1940 and October 31 , 1974
shall be recognized as military service
performed during period of organized conflict
or crisis under this provision .
( 3) The employee' s release from active duty must
have been upon terms other than dishonorable .
An employee who is, or will be, eligible to
receive any retirement pay or pension from
the United States based upon twenty (20) or
more years of active duty or equivalent will
not be eligible for Military Service Credit .
Likewise, any employee who has been granted
military service credit by any other public
retirement system or program under the laws
of the State of Texas, shall not be eligible
for Military Service Credit in TMRS .
(4 ) A member must apply for Military Service
Credit and make the required deposits to the
System within one year after the effective
date of adoption of the ordinance allowing
such credit , or within one year after the
date of the person making such application
first becomes eligible for such credit ,
whichever date is later . A member with
qualified military service who cannot
purchase Military Service Credit within one
year of the city ' s adoption (because he does
not yet have 10 years of creditable TMRS
service) , will have to purchase his Military
Service Credit within one year of the time he
completes ten years of creditable service, or
lose his eligibility to do so .
(5) A member who meets all of the qualifications
for Military Service Credit receives such
credit by making application to the System on
form TMRS-34 , Application for Military
Service Credit . A photocopy of the member ' s
military service record and discharge status ,
certified by the city official designated by
ordinance to certify official TMRS forms ,
must be submitted with the Application for
Military Service Credit .
(37
(6) Along with the Application for Military
Service Credit , the member must submit a
deposit equal to $15 .00 for each month of
military service being purchased . The city
will also submit a deposit, depending on the
city' s matching ratio in effect at that time,
equal to (100% , 150% , or 200%) of the deposit
made by the member . A qualified member may
purchase any amount of Military Service
Credit he is entitled to receive, up to a
maximum of five years (60 months) . If a
member elects to purchase less than the full
amount of Military Service Credit he is
entitled to, he may not purchase any
additional Military Service Credit at a
future date.
(7) The number of months of Military Service
Credit purchased by a member is used to
satisfy the vesting and/or retirement
eligibility provisions of the TMRS Act .
However , Military Service Credit is not
included in the calculation of Update Service
Credit .
D. If an employee leaves the service of the city,
whether by resignation or dismissal , before
reaching the date of his retirement , he may
withdraw the amount of deposits he has made to the
TMRS plus credited interest , subject to the
prevailing rules of the Texas Municipal Retirement
System.
SECTION 5-17 : Retirement Date
All employees must retire no later than age seventy (70 )
except that the City Manager , after consultation with the
City Council , may approve year to year extensions of
mandatory retirement upon presentation of the department
head ' s recommendation and a doctor ' s certificate of physical
fitness .
3 &
SECTION 6
RESPONSIBILITY, DISCIPLINE, AND GRIEVANCE PROCEDURE
GENERAL POLICY STATEMENT
WHEN PERFORMANCE, ATTITUDE, PRODUCTION OR PERSONAL CONDUCT
OF AN EMPLOYEE FALLS BELOW AN ACCEPTABLE STANDARD,
SUPERVISORS SHOULD POINT OUT, IN WRITING, THE DEFICIENCIES
AT THE TIME THEY ARE OBSERVED. WARNING IN SUFFICIENT TIME
FOR IMPROVEMENT WILL PRECEDE FORMAL DISCIPLINE, BUT NOTHING
IN THIS SECTION WILL PREVENT IMMEDIATE FORMAL ACTION
WHENEVER SUCH ACTION IS IN THE BEST INTEREST OF THE CITY.
SECTION 6-1 : Working Relationships
It will be the duty of each employee to maintain high
standards of cooperation , efficiency and economy in his work
for the City of Wylie. Department heads and supervisors
will organize and direct the work of their units to achieve
these objectives .
SECTION 6-2 : Outside Employment
An employee of the City of Wylie will not be permitted to
engage in outside employment where such employment conflicts
or interferes with the performance of duties with the city.
An employee shall inform his department head of such outside
employment prior to accepting the position .
SECTION 6-3 : Political Activity
A. Political Activities Limited - Employees are
encouraged to exercise their legal right to vote
but shall refrain from publicly using their
positions as a public employee to influence for or
against any candidate for public office.
B. Any employee choosing to become a candidate for
the City Council of the City of Wylie shall leave
the service of the city on an extended leave of
absence. The employee must leave the position
immediately upon formally filing as a candidate
for that office. On that date, the employee will
be allowed to draw vacation pay for so long as the
employee has vacation leave; thereafter , the
employee will be on leave of absence without pay.
The employee may return only after being defeated
in the election . If the employee wins the
election, the employee must resign immediately.
C. Under no circumstances will any city employee be
allowed to campaign for any candidate, even
himself , during normal work hours or at any City
of Wylie place of work, whether he is on or off
duty at the time. Nor will any employee be
allowed to represent themselves , using their city
employment , title , uniform or authority as
supporting any candidate tor political office .
Violation of this provision will be sufficient
grounds for immediate dismissal .
SECTION 6-4 : Disciplinary Procedure; Appeal
A. Supervisors , or the appropriate level of
departmental authority, will , with the approval of
the personnel director , notify an employee in
writing of :
1 . The reason (s) for any disciplinary action
proposed to be taken against the employee;
2 . The type of action being proposed , i .e.
suspension , dismissal , etc. ;
3 . The rules (s) or regulation (s) allegedly
violated, i .e. Personnel Policy section 6-7 B
9 ;
4 . The date, time, and place of a hearing of the
evidence of violation and the employee' s
response by the department head ;
5 . The employee ' s right to appeal the department
head ' s decision , if necessary within five
days , to the City Manager; and
6 . The finality of the department head ' s
decision if not appealed .
B. If the disciplinary action is sustained , the
written decision of the department head or City
Manager , whichever is final , shall be placed in
the employee' s permanent personnel file.
C. If appealed, the decision of the Grievance Board
shall be presented to the City Manager for final
review and approval . All employees of the city,
including police officers , shall serve at the
pleasure of the City Manager .
SECTION 6-5 : Suspension
A. In the interest of good discipline , a department
head may, for any of the reasons set out in
Section 6-7 B, recommend suspension of an employee
without pay for any length of time up to a maximum
of ten (10 ) days .
B. During investigation , hearing or trial of an
employee on any criminal charge , when suspension
would be in the best interest of the city, an
employee may be suspended , with pay, at the
recommendation of his department head and with
approval of the City Manager .
SECTION 6-6 : Demotion
A. An employee of the city may be demoted for one of
the grounds for dismissal set out in Section 6-7B,
in the interest of good discipline . An employee
who is so demoted shall be given notice in writing
by the department head and all demotions shall be
approved by the City Manager .
B. An employee may request or accept voluntary
demotion when assignment to a less difficult or
responsible work would be to the employee ' s
advantage and in the interest of the city.
SECTION 6-7 : Dismissal
A. A department head may dismiss an employee, at any
time, for just cause ascertained after careful and
factual consideration . A regular employee shall
be given two weeks written notice before dismissal
if the facts of the case allow this transition
period to be extended. All reasons for dismissal
shall be explained to the employee. A terminated
employee may appeal the dismissal to the Board of
Appeals , and then may appeal to the City Manager .
B. Grounds for dismissal for an employee may include
but are not limited to:
1 . Use of intoxicants while on duty, or
reporting for duty while under the influence
of intoxicants .
2 . Abuse of controlled substance while on duty,
or reporting for duty while under the
influence of a controlled substance.
3 . Conviction of a felony (a plea of Nolo
Contendere will be considered a conviction
for the purpose of this section) ; or crimes
involving moral turpitude which would
include , but not be limited to such
misdemeanors as public intoxication and
disorderly conduct .
4 . Absence without leave for three (3)
consecutive working days or more;
5 . Refusal to obey a just order ;
6 . Willful or reckless misuse, destruction,
theft , or conversion of city property,
whether on or off duty;
7 . Falsification of official documents or
records;
8 . Habitual absenteeism;
9 . Substandard performance or unwillingness to
perform the duties of the position;
10 . Violation of the ordinances of the City of
Wylie or of these rules ;
11 . Non-compliance to the "GENERAL POLICY
STATEMENT" ( refer to section 6) ;
12 . Non-compliance with any written or
established departmental policy;
13 . Repeated or habitual tardiness .
SECTION 6-8 : Grievance Procedure
A. Employees who have any complaint or grievance
shall have the right to appeal to their immediate
supervisor , to their department head and to the
City Manager . In presenting complaints or
grievances , employees will go through the normal
chain of command from lowest to highest .
B. Should an employee desire to formally appeal a
grievance decision , the aggrieved party shall
submit to the Personnel Director , a written
request for the convening of a Board of Appeal .
The employee must specify if he/she will be
represented by legal counsel . Upon receipt of
this request , the Personnel Director will notify
the city' s legal counsel and shall assemble, as
quickly as practicable, a boars to be convened at
a time and date convenient to all parties. This
board shall be made up of three (3) members . One
member is to be selected by the employee convening
the board , another member is to be selected by the
Personnel Director and shall as close as is
practical be currently employed by the city in a
capacity similar to that of the aggrieved party.
If possible , this selection should be from a
different department and a volunteer . The third
member will preside over the grievance procedure
and shall be a department or division head (other
than the concerned party) whose name shall come
from an alphabetical listing on a rotation basis .
C. The decision of this appeal board shall be
presented in a sealed envelope to the City Manager
for his review and final approval .
SECTION 7
MISCELLANEOUS PROVISIONS
SECTION 7-1 : Operation of Motorized Equipment
A. All drivers of motorized vehicles and equipment
owned by or used by the City of Wylie shall be
responsible for maintaining the standards of
operation of such motor vehicles and shall be
required to obey all traffic rules and regulations
prescribed by law. All drivers must have a
current valid driver ' s license, and should use
every safety measure to prevent accidents .
B. It shall be the duty and responsibility of all
operators of motor equipment to report to the
supervisor any defect in the mechanical equipment
when same occurs and to use every precaution to
prevent additional property loss expense, or
recurrence of such condition .
C. The use of city vehicles is to be limited to city
business only unless otherwise designated by the
City Manager . Under no circumstance should anyone
except city employees and individuals involved in
the conduct of normal Police Department operations
be a passenger in city owned vehicles , except in
accordance with Police Department Operational
Policy #2-1 and approval from the Chief of Police.
Should any city employee be involved in special
circumstances that he feels should be excepted to
the non-passenger rule, said employee shall
request consideration by the City Manager , in
writing , prior to violating this provision . This
exception , if granted , shall be retained in the
personnel file of the concerned employee until
such time as the matter is reviewed or no longer
necessary.
D. An operator of motorized equipment used in the
service of the city who becomes involved in any
accident shall be subject to a hearing before the
accident review board for an investigation into
such accident .
E. An operator of motorized equipment used in the
service of the city who violates these regulations
or becomes involved in any accident shall be
subject to suspension or other disciplinary action
if, upon investigation, it is determined that the
employee is responsible for such action or through
carelessness or recklessness , the employee
contributed to the cause of the accident . Any
accident involving a city owned vehicle should be
reported immediately to the office of the City
Manager on the appropriate form.
SECTION 7-2: Departmental Policies
Each department may establish policy governing policies and
procedures within the department that do no conflict with
the intent of these policies , except Police Department and
Fire Department . See section 7-3 .
SECTION 7-3: Police and Fire Department Policies
It is hereby recognized that the hiring and departmental
policies of these two (2 ) departments are covered by special
regulations. Inasmuch as possible, the policies of these
departments should conform to these personnel regulations .
In those cases where conformity to these policies differs
within the police and fire department , it shall be the
responsibility of those department heads to notify the
Personnel Director of relevant discrepancies and their
justification .
SECTION 8
EMPLOYEE ' S RIGHTS
SECTION 8-1 : Employee ' s Rights
A. Employees have the right to state grievances to
their supervisors without fear of reprisal .
B. Employees have the right to review the contents of
their own personnel file.
C. Employees have the right to make application for
other jobs in the city as the position becomes
available .
D. Employees have the right to review under
supervision , their own payroll records .
E. Employees have the right and are encouraged to
make suggestions to their supervisors on ways and
means to improve city functions .
F. Employees have the right to participate in
political activities subject to the guidelines
specified in Section 6-3 of the Personnel
Regulations .
G. No rule contained herein or adopted pursuant
hereto shall cause to be created for any employee
of the city a property right to continued
employment .
SECTION 9
EMPLOYEE EVALUATION
SECTION 9-1 : Employee Evaluation
In accordance with Article IV, Section 7 C (5) , of the City
Charter , an oral and written evaluation will be completed on
an annual basis for all city employees by their immediate
supervisor , including evaluation of the city manager by the
city council .
InfoRmqL
REpoRrs
DATE: DECEMBER 1, 1989
TO: MR. CHARLES NORWOOD - CITY MANAGER
FROM: KAY DANIEL - LIBRARY ASSISTANT
RE: LIBRARY ,STATISTICS FOR THE MONTH OF NOVEMBER 1989
CIRCULATION:
ADULT 657
JUVENILE 1121
LARGE PRINT 42
PAPERBACKS 41
INTERLIBRARY LOAN 51
CASSETTES 15
VIDEOS 792
7-DAY RESERVE 14
TYPEWRITER 6
TOTAL 2739 (Average 119 per day)
REGISTRATION:
NEW CARDS ISSUED 150
CARDS ISSUED TO DATE 7626
REFERENCE 69
RESPECTFULLY,
KA�IE4.Th LIBRARY ASSISTANT
ROSA BURGESS - DIRECTO
'a..
ANIMAL CONTROL MONTHLY REPORT
TtG
T VEMBElI[R_� 9-- :SAME MO. : ! : THIS YR. :LAST YR. Z
:MONTH MONTH : +/- :LAST YR. : +/- :T0 DATE :T0 DATE : +/-
1 , 1 : 1
TOTAL CALLS
213 i
ANIMALS PICKED UP LIVE :
(IMPOUNDED)
34 , 83 ; ; ; 117 1 ,,.a _ ___
1
ANIMALS DIED IN KENNEL Q p •
- : 1
ANIMALS PICKED UP DEAD
.4 24 i
1 1
ANIMAL BITE REPORTS
a
2 '
ANIMAL OBSERVATIONS p 2 2
-.
1 1
ANIMALS TAKEN TO
GARLAND HUMANE SOCIETY 38 55 93 i
ANIMALS CLAIMED BY OWNER : : : : :
1 '* k 1 _8 12 i
•.N%,N) ANIMALS ADOPTED
Q ; 1Q
CASH RECEIPTS $ 111 . 00 $447 . 00 $ 558 . 00 ;
REGISTRATIONS
4 p 7 a a a s ii ;
CITATIONS ISSUED
0 5 I I I 5 ,
CITATION AMOUNT (APPX. ) : _--$Q�44 - ���J9� - $157 . 00
MILES TRAVELED .
9-64 ' 1310 -Z223
ANIMALS EUTHANIZED •
- - - - -
PREPARED BY: Kenneth Payne DATE:DECEMBER 11 1989