09-11-1990 (City Council) Agenda Packet AGENDA
REGULAR MEETING, CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, SEPTEMBER 11 , 1990
7 :00 PM COUNCIL CHAMBERS
MUNICIPAL COMPLEX
2000 HIGHWAY 78 NORTH
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
PUBLIC HEARINGS AND READING OF ORDINANCES
1 Conduct Public Hearing on
Budget for FY 90-91 .
2 Consider adoption of Budget
for FY 90-91 .
3 Consider Adoption of Ordinance
Setting Ad Valorem Tax Rate
and Property Tax Levy for
Fiscal Year 1991 in Accordance
with the Proposed City of
Wylie Annual Budget as 11
recommended .
4 Discuss and Consider the 2_. (°
Adoption of an Ordinance
Limiting Citizen Participation /
on enumerated Boards and f�
Commissions . L.
5 Discuss and Consider Approving
an Enabling Resolution Setting
up specific Articles of
Incorporation of the
Development Corporation of
Wylie, Inc . and specific By-
Laws of Development
Corporation of Wylie, Inc . a
Non-Profit Corporation d .b.a .
State of Texas .
NEW BUSINESS
Consider awarding competitive
bid on the Purchase of One (1)
New 1991 Police Patrol Unit . e;"/- A
60) 4 a'
Discuss Consider
Appointment,-- of Construction
Code Board .
Discuss and Consider
Authorizing Competitive
Proposals for Emergency
Medical Services for City of
Wylie and Others .
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
Discuss and Consider New
Contract under Emergency and
Temporary Conditions on
Ambulance Service with Nortex
Emergency Medical Service ,
Inc .
Discuss and Consider
Authorizing Competitive
Proposals for Worker' s
Compensation Coverage for City
Employees .
Authorize Competitive Bids for
Insurance Coverage on City
owned Equipment .
Discuss and Consider Equipment
that is needed on an ongoing
basis for Street and Drainage
Maintenance and Control .
Discuss and Consider Full
Implementation of All Impact
Fee Ordinances .
Dicsuss and Consider amending
FY91 Budget to Finance
Unfunded Liability for Past
and Present Management
Personnel .
CONSENT AGENDA
•= he following ___items are -bo-> be
co - -• as one item The
C'oun ' may move • motion and--
second , • ap. 4 ,e or rejec - all ,
items co : 4 -d within . - y"
Counc ' member -que hat an
iter or items b- •fir -• --fro +-- the
Co sent Ag- ,e and idered
sep. " . el f _ . a. ..reques
made , t •. - it_. s- - sill occur in
numej ---- order order immediately
fa owing the vote on the Consent
agenda .
A . Discuss and consider payment of
i claims as a part of Wylie Service
Center Investigation .
b. Progress report and status of
Sewer Line Project .
c. Progress report and update on
Brown Street & McCreary Road
Program.
,d . Progress report and update on
✓ Street Reconstruction Program,
Financial Report to Date and
Authorize Change Order Number 1 to
continue contract from Park to
Stone Road .
e . Progress and update on Rush
Creek Lift Station Improvements .
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
--f!�Progress Report and Update and
j/ Authorize Legal Expenditures on
Landfill Closure Program.
UNFINISHED BUSINESS
Discuss and Consider Building
Code as it Applies to Wood
Trusses.,
1eDJOURN/
ORDINANCE NO.
WHEREAS, the City Council of the City of Wylie , Texas , has
developed a budget for Fiscal Year 1991 in
compliance with the City Charter , Article 7 .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1 . The City Manager has submitted a budget to the
City Council in compliance with Article 4, Section
E, Subsection 6 .
SECTION 2 . The City Council has reviewed this budget for FY
91 and has determined the appropriation and
expenditure levels.
SECTION 3 . The City Council has determined that the City
Secretary shall cause to be published a summary of
the budget in compliance with Article 7, Section 3
of the City Charter .
SECTION 4. The City Council has determined that a public
hearing will be conducted on the FY 91 budget on
August 28, 1990 .
John Akin, Mayor
ATTEST:
Carolyn Jones, City Secretary
#i.
CITY OF WYLIE
2000 HWY. 78 N. - P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
August 5 , 1990
HONORABLE MAYOR AND CITY COUNCIL:
Mayor John Akin
Mayor Pro-Tem Don Hughes
Councilmember Chuck Wible
Councilmember William Martin
Councilmember Steve Wright
Councilmember Patricia Stemple
Councilmember Percy Simmons
Dear Mayor and City Council ,
In compliance with the City Charter , Article 4 , Section 1,
Subsection E, the City Manager shall prepare and submit to the
City Council the annual budget and capital program and administer
the budget as adopted by the City Council .
Impacting the Fiscal Year 1990-91 Budget is the increase in debt
service. The city debt now takes 22% of all revenue to service.
In FY ' 90 debt service total was $852 ,000 . In FY ' 91 debt
service will total $1,300,000 ; an increase in one year of
$448 ,000 . The appropriation level is recommended at $5 ,930 ,000 .
I have recommended several revenue enhancement measures . Without
these new revenue generators the Budget will have to be set at
$5,346,125 . Of this $5,346,125 , $1,300 ,000 is for debt service.
With no revenue enhancers and after debt service the spendable
Budget would be $4 ,046,125 .
Also impacting the budget is an $85 ,000 increase in sewer plant
operation costs. Therefore, a total of $1,385,000 contract costs
with NTMWD total (water purchases and sewer plant operations)
will have to be generated to pay these entitlement costs. Add
debt service in the Utility Fund of $605 ,750 and total contract
and debt service in the Utility Fund amount to approximately 51%
of the proposed Utility Budget of $2,090 ,000 . Presented to you
is the proposed budget for FY 1991.
The budget is outlined in the following manner :
- List of all revenues by source
- List of all expenditures by department and other sources
- All departments budget. The departmental budgets include
the following specific data:
o Personnel costs--list of personnel by position
o M & 0 and contractual commitment costs-- identified by
item and classification
o Capital budgets--identified by capital item
You have before you a budget that totals $5 ,930 ,000 . This
includes the general fund, utility fund, sanitation operating
fund, and Impact fund as a total budget. In order to finance
this "bareboned" , "standstill" budget the following revenue
enhancement measures are required .
The property tax rate will be set at .6150 rate which will
generate an additional $188,875 over the .555 rate.
Sanitation rates will be set at $10 .80 per account which will
generate $60,000 for debt service and balance the fund.
Interest income will generate $80 ,000 .
Water and sewer rates will be increased by at least $7 .50 per
account which will generate an additional $240 ,000 .
The City Council reserve fund will be reduced by $15,000 to
$73 ,000 .
All these measures totaled together will generate approximately
$583,875; of this amount $448,000 will go for additional debt
service over last year . The $583,875 will balance the budget
which will allow spending authorization at $5, 930 ,000 .
This budget includes seven new personnel :
1 - City Secretary
4 - Street Department
1 - Professional Fire Chief
1 - Professional Parks and Recreation Director
Also recommended is a 3% cost of living increase for all full
time City employees . The 3% cost of living increase will be
applied to the base of the City' s Pay Plan and will be funded as
a part of the City Manager ' s Merit Evaluation Program. The
Budget will fully fund all current fringe benefit programs
currently in place. The pay raise is across the board and
effective October 1, 1990. The 3% pay increase will cost
approximately $40 ,000 per year .
The only capital items included in this budget is three new
police cars and $32 ,000 for Grade-All rental or lease purchase in
order to address street and drainage needs. Maintenance and
operation levels are consistent with last year' s level , not
significantly up or down.
The sanitation rate increase is primarily based on state and *BFI
mandated charges and customer fee service for landfill debt bond
payments . Water and sewer rate increases are mandated by bonds
that have been issued in order to retire debt .
The proposed property tax rate will only generate income levels
to keep us even with last year' s rate and income levels in order
to meet additional debt service requirements .
Without these revenue measures that have been recommended the
City Council will have to consider additional budget reductions
that will have to come out of personnel and maintenance
operations or capital improvements . Further reductions in these
two areas will have significant impact on city services .
Therefore, I would recommend that the City Council hold
appropriate public hearings and consider the adoption of this
proposed budget or change the budget as the City Council may deem
appropriate and necessary. If approved, necessary enabling
ordinances will have to be prepared and approved in order to put
the Budget into force and effect on or before September 27 , 1990 .
ill Dashner
City Manager
Note to City Manager ' s Budget Message: All capital projects
funded by Municipal Bond Fund accounts are not a part of this
Budget since all funds are earmarked for specific projects , i .e.
landfill , public works relocation, pump and haul elimination, and
animal shelter .
MEMORANDUM
DATE: September 5 , 1990
TO: Mayor and City Council
FROM: Bill Dashner, City Manager .144444
RE: Consider Adoption of Ordinance Setting Ad Valorem Tax
Rate and Property Tax Levy for Fiscal Year 1991 in
Accordance with the Proposed City of Wylie Annual
Budget as recommended.
Attached is an ordinance setting the ad valorem tax rate in
accordance with the City budget. The rate as established in
the budget is .6150 on each $100 .00 of assessed valuation of
all said property inside the City Limits of Wylie.
Attachment: Ordinance
•
J
ORDINANCE NO.
AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND
FOR THE CITY OF WYLIE, TEXAS FOR THE YEAR 1990,
UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE,
TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT
EXPENSES OF SAID CITY OF T HE FISCAL YEAR ENDING
SEPTEMBER 30 , 1991 , AND THE FURTHER PURPOSE OF
CREATING A SINKING FUND TO RETIRE AND THE
PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS
OF SAID CITY: PROVIDING FOR A LIEN ON ALL REAL
AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES
DUE THEREON: PROVIDING THAT IN THE EVENT ANY
PROVISIONS OF THIS ORDINANCE BE HELD
UNCONSTITUTIONAL AND THAT SUCH HOLDING SHALL NOT
AFFECT THE REMAINING PROVISIONS HEREOF:
REPEALING ALL ORDINANCES AND PARTS THEREOF IN
CONFLICT HEREWITH AND PROVIDING FOR PUBLICATION:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 There is hereby levied for the fiscal year 1990
upon all real property situated within the
corporate limits of said City of Wylie, Texas , and upon
all personal property which was owned within the
corporate limits of said City of Wylie , Texas , on the
first day of January, A.D. , 1990 , except so much
thereof as may be exempt by the Constitution
of laws of the State of Texas , a total tax of
Sixty-one and one-half cents (0 .6150) , on each One
Hundred ($100 .00) Dollars of assessed valuation on all
of said property which said total tax here now
levied as aforesaid is respectively as follows:
SECTION 2 An ad valorem tax of and at the rate of Forty and
seven hundred and eleven hundredths cents (0.40711) on
each One Hundred Dollars ($100 .00) of assessed
valuation of said taxable property is hereby levied
for the year 1988 , for the general city purposes and
to pay the current operating expenses of said City of
Wylie, Texas, for the fiscal year ending September 30 ,
1990 , which tax , when collected shall be
appropriated to and for the credit of the General Fund
of said City of Wylie, Texas .
SECTION 3 An ad valorem tax of and at the rate of Twenty
and seven hundred eighty-nine thousandth cents ( .20789)
on each One Hundred ($100 .00) of assessed valuation
of said taxable property is hereby levied for the year
of 1990 , for the purpose of creating an Interest and
Sinking Fund with which to pay the interest and
retire the principal of the valid bonded indebtedness,
capital lease payments , and related fees of the City of
Wylie, Texas , now outstanding , and such tax when
collected shall be appropriated and deposited in and to
the credit of the Interest and Sinking Fund of the
said City of Wylie, Texas for the fiscal year ending
September 30, 1991.
SECTION 4 The City of Wylie shall have a lien on all taxable
property located in the City of Wylie to secure the
payment of taxes, penalty interest , and all costs of
collection, assessed, and levied hereby.
SECTION 5 Taxes are payable in Wylie, Texas at the Office of
the Tax-Assessor Collector , Finance Department ,
Municipal Complex . The City shall have available all
the rights and remedies provided by law for the
enforcement of the collection of taxes levied under
this ordinance.
SECTION 6 That the tax roll presented to the City Council ,
together with any supplements thereto, be and same are
hereby accepted . (See attachment A - 1990 Certified Tax
Roll , Attachment B - 1990 Property Tax Rates . )
SECTION 7 In the event any provision of this Ordinance shall
be held unconstitutional and invalid by a court of
competent jurisdiction, the same shall not affect the
remaining provisions thereof .
SECTION 8 All Ordinances and part thereof in conflict with
any of the provisions of this Ordinance are hereby
expressively repealed .
SECTION 9 The caption of this ordinance to be published one
time in a newspaper having general circulation in the
City of Wylie, Texas , and to become effective
immediately upon its passage and publication .
PASSED AND APPROVED, AND ORDERED PUBLISHED BY THE CITY
COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS THE 11TH DAY OF
SEPTEMBER, 1990 .
John W. Akin, Mayor
ATTEST:
Carolyn Jones , City Secretary
7
MEMORANDUM
DATE: September 6 , 1990
TO: Mayor and City Council
FROM: Bill Dashner , City Manager
RE: Discuss and Consider Amend ng Current Year' s Budget
1989/90 FY90 and Approve Supplemental Appropriations
and Amend Proposed FY91 Budget to Increase
Appropriation Levels
In order to finalize City accounting records prior to audit ,
supplemental appropriations and inter-fund transfers are required
in the General fund, Utility fund, Sanitation fund, Impact fund
and Lift Station fund. A supplemental appropriation level is
from $5 ,065 ,000 .00 up to $5 ,175 ,000 .00 . On page two (2) you will
see a compassion between the four (4) major funds of the FY90
budget compared to the proposed FY91 budget and the
increase/decrease levels . Overall the increase is 15%. The
increase is to pay for a full time Parks and Recreation Director
and twelve (12) months for a full time Fire Chief .
Attachment: Report from Finance Director
MEMORANDUM
TO: Bill Dashner, City Manager
FROM: James Johnson, Finance Director
RE: Amended 1989-90 Budget
DATE: 09/05/90
The 1989-90 Budget is proposed to include supplemental
appropriations at the following levels:
FUNDS 1989-90 AMENDED 1989-90
General $2, 950 , 000 $3, 055,000
Utility 1 , 780 , 000 1 , 785,000
Sanitation 275, 000 285,000
Impact 50,000 50, 000
*Lift Station 10 ,000 -0-
TOTAL $5,065 ,000 $5, 175,000
*(Combined into Impact
due to new Impact Fee
ord. -06/26/90- )
The General Fund revenue ($105,000) increases in the current
operating budget come primarily from better than projected
tax collection by some $65,000 and sales tax collections
better than projected by some $40 ,000 . Most revenue
projections remained the same, though some up, some down.
Utility Fund revenue projections up by $5, 000 . Sanitation
Fund revenue projections up $10, 000, primarily due to
increased customers primarily and increased contractor
costs. The Impact Fund now encompasses the old Lift Station
Fund and has been consolidated as one, with a total of
$10 , 000 down (Lift Station) .
9
PAGE--2
Departmental increases reflect the allocation of raises and
salary adjustments since March 1990 . Significant
reallocations in City Secretary (new person) , Police (wages
• and additional patrol unit) and Fire Department and City
Council (legal and settlements) .
The following operating budget is a comparison of the
proposed 1989-90 amended and the proposed 1990-91 operating
budget by fund:
FUND AMENDED 89-90 1990-91 INCREASE/
<DECREASE>
General $3,055, 000 $3 , 460,000 13. 26%
Utility 1 , 785, 000 2, 090,000 17 .09%
Sanitation 285,000 360 , 000 26. 32%
Impact 50 ,000 45,000 <10 . 0%>
TOTAL $5, 175,000 $5, 955,000 15 . 07%
/0
MEMORANDUM
DATE: August 30 , 1990
TO: Mayor and City Council
FROM: Bill Dashner, City Manage 4.0P6.(4-1
4
RE: Discuss and Consider the Adoption of an Ordinance
Limiting Citizen Participation on enumerated Boards
and Commissions .
Attached is a proposed ordinance that was requested for City
Council consideration. The ordinance if adopted would limit
any citizen from serving on more than one (1) major Board or
Commission.
•
//
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS
REGARDING CITY COUNCIL POLICY ON THE
APPOINTMENT OF BOARDS AND COMMISSIONS
AS PROVIDED FOR IN ARTICLE 8 OF THE
CITY CHARTER.
WHEREAS, it is the desire of the City Council in the
interpretation of Article 8 of the City Charter,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1 . In order to obtain increased citizen participation on
Boards and Commissions the City Council establishes as
policy that citizens shall be appointed to and serve on
only one (1) Board or Commission
SECTION 2 . This policy does not include members of the Governing
Board, the City Manager' s office or staff .
SECTION 3 . As the Charter stipulates individuals may be appointed
to serve on more than one (1) Board, Commission or
Committee. The City Council may by ordinance
consolidate the functions of the various Boards ,
Commissions or Committees enumerated in the Article.
SECTION 4 . The Boards and Commissions this order will apply to
are as follows : Planning and Zoning , Parks and
Recreation, Library Board, Development Board and
NTMWD Board and the Board of Adjustment .
SECTION 5. The Ordinance shall take effect immediately from and
after its passage and the publication of its caption
as the law in such cases provides .
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS
THE 11TH DAY OF SEPTEMBER, 1990 .
John Akin, Mayor
ATTEST:
Carolyn Jones, City Secretary
MEMORANDUM
DATE: August 29, 1990
TO: Mayor and City Council
FROM: Bill Dashner , City Manage ' wlA�
lio
RE: Discuss and Consider Approving an Enabling Resolution
Setting up specific Artlicles of Incorporation of the
Development Corporation of Wylie, Inc . and specific
Bylaws of Development Corporation of Wylie, Inc. a
Non-Profit Corporation dba State of Texas .
Attached for your review and approval are the above
referenced documents . All of these documents have been
prepared in compliance with the Texas Development
Corporation Act, Section 4A and the Wylie City Charter . All
of these documents have been prepared by the City Attorney.
After the City Council adopts the Resolution, the Articles
of Incorporation instrument will have to be executed and
signed by all corporate members and the Bylaws with the
Articles of Incorporation will have to be filed and approved
by the Secretary of State, State of Texas . The board of
directors has reviewed and approved all of these
instruments . After all documents are filed with the
Secretary of State the Board will convene and elect its '
officers .
Attachment 1 - Resolution
Attachment 2 - Articles of Incorporation
Attachment 3 - Bylaws
RESOLUTION NO.
WHEREAS, the City Council of the City of Wylie, Texas, upon
written application so requesting, has authorized and approved
creation of a Corporation to act on behalf of the City for the
purposes set out in the Development Corporation Act of 1979 ; and
WHEREAS, the City Council finds and determines that it is
advisable that the Corporation be authorized and created and
desires to approve the Articles of Incorporation proposed to be
used in organizing the Corporation; and
WHEREAS, the City Council has further determined that the
Corporation should be formed under the provisions of Section 4A of
the Act and that an initial Board of Directors of five (5) members
should be appointed; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1.
That the City Council of the City of Wylie, Texas, hereby
approves for filing the Articles of Incorporation of Development
Corporation of Wylie, Inc. , a true copy of which is attached to
this resolution as Exhibit "A" and made part hereof for all
purposes. The City Council further authorizes Bill Dashner, City
Manager, to execute and file the Articles of Incorporation with the
Secretary of State of Texas in accordance with applicable law.
SECTION 2 .
The City Council hereby appoints an initial Board of Directors
consisting of the following five Directors: Jim Smith, James
Blakey, Barton Peddicord, John Yeager, and Raymond B. Cooper. At
its organizational meeting, the Board of Directors of the
Corporation shall appoint a president, a secretary, and other
officers of the Corporation as provided by the Bylaws approved
herein.
SECTION 3 .
That the approval of the creation of this Corporation by the
City Council is based on the requirement that the Corporation may
further the purposes of the promotion and development of industrial
1
and manufacturing enterprises to promote and encourage employment
and the public welfare in the City of Wylie, provided that the
Corporation may not undertake a project the primary purpose of
which is to provide transportation facilities, sewage or solid
waste disposal facilities, air or water pollution control
facilities, or facilities for furnishing water to the general
public unless the provision of those facilities is to benefit
property acquired for a project having another primary purpose.
SECTION 4 .
That the Bylaws of Development Corporation of Wylie, Inc. ,
attached hereto as Exhibit "B" and made part hereof for all
purposes are hereby approved by the City Council of the City of
Wylie for adoption by the Board of Directors at its organizational
meeting.
DULY RESOLVED by the City Council of the City of Wylie, Texas,
on the day of , 1990.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
ROVED AS TO F RM: a,„(.,4::
6( ' ni
CITY ATTORNEY
/5
ARTICLES OF INCORPORATION
OF
DEVELOPMENT CORPORATION OF WYLIE, INC.
ARTICLE ONE
The name of the Corporation is Development Corporation of
Wylie, Inc.
ARTICLE TWO
The Corporation is a nonprofit corporation.
ARTICLE THREE
The period of its duration is perpetual.
ARTICLE FOUR
The purpose or purposes for which the Corporation is organized
and for which it may issue bonds on behalf of the City of Wylie is
limited to the promotion and development of industrial and
manufacturing enterprises to promote and encourage employment and
the public welfare in the City of Wylie, Texas, provided that the
Corporation may not undertake a project the primary purpose of
which is to provide transportation facilities, sewage, or solid
waste disposal facilities, air or water pollution control
facilities, or facilities for furnishing water to the general
public, except that it may provide those facilities to benefit
property acquired for a project having another primary purpose.
ARTICLE FIVE
The street address of the initial registered office of the
Corporation is 2000 Highway 78 North, Wylie, Texas 75098, and the
name of its initial registered agent at such address is Jim Smith.
ARTICLE SIX
The number of Directors constituting the initial Board of
Directors is five (5) , and the names and addresses of the persons
who are to serve as the initial Directors are:
Name Address
� c
Jim Smith - )e
,
James Blakey o[ •7&0 lx:41
elf
Barton Peddicord
/O Dm(1,4.- -1cS 0(2•
IA1 • /F, 77c,, 7sv98
John Yeager
qo2. oo 4at!)w /o_ .lorg0
eA,LiP for,
Raymond B. Cooper dA,1
ARTICLE SEVEN
The name and street address of the incorporator is: Bill
Dashner, 2000 Highway 78 North, Wylie, Texas 75098 .
ARTICLE EIGHT
The City Council of the City of Wylie, Texas, has specifically
authorized the formation of Development Corporation of Wylie, Inc. ,
a nonprofit corporation, by resolution to act on its behalf to
further the public purposes stated herein and in such resolution
and has approved these Articles of Incorporation.
ARTICLE NINE
That the City of Wylie is located in a county with a
population of five hundred thousand (500, 000) or fewer according to
the most recent Federal Decennial Census and has authorized
creation of this Corporation under the provisions of Section 4A,
Article 5190. 6, the Development Corporation Act of 1979, as
amended, Vernon's Annotated Revised Civil Statutes of the State of
Texas, and the Corporation shall be governed by that section.
Incorporator
STATE OF TEXAS )
COUNTY OF COLLIN )
BEFORE ME, a Notary Public, on this day personally appeared
Bill Dashner, known to me to be the person whose name is subscribed
to the foregoing document and, being by me first duly sworn,
declared that the statements therein contained are true and
correct.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 1990.
Notary Public. State of Texas
My Commission Expires:
-2-
/7
BYLAWS
OF
DEVELOPMENT CORPORATION OF WYLIE, INC.
A NON-PROFIT CORPORATION
WYLIE, TEXAS
SECTION I
OFFICES
1 .01 Registered Office and Registered Agent
The Corporation shall have and continously maintain in
the State of Texas a registered Office, and a registered
agent whose Office is identical with such registered Office,
as required by the Texas Non-Profit Corporation Act . The
Board of Directors may, from time to time, change the
registered agent and/or the address of the registered
office, provided that such change is appropriately reflected
in these Bylaws and in the Articles of Incorporation.
The registered office of the Corporation is located at
2000 Highway 78 North, Wylie, Texas 75098 , and at such
address is the Corporation, whose mailing address is P. 0.
Box 428 , Wylie, Texas 75098 . The registered agent of the
Corporation shall be the President of the Corporation.
1.02 Principal Office
The principal office of the Corporation in the State of
Texas shall be located in the City of Wylie, County of
Collin, and it may be, but need not be, identical with the ,
registered office of the Corporation.
SECTION II
PURPOSES
2 .01 Purposes
The Corporation is a non-profit corporation
specifically governed by the Texas Development Corporation
Act of 1979, Section 4A, as amended. The purpose of the
Development Corporation of Wylie, Inc. , is to promote and
develop industrial and manufacturing enterprises to promote
and encourage employment and the public welfare, in
accordance with the Articles of Incorporation.
1
SECTION III
MEMBERS
3 .01 Members
The Corporation shall have no members .
SECTION IV
BOARD OF DIRECTORS
4 .01 board of Directors
The business and affairs of the Corporation and all
corporate powers shall be execised by or under authority of
the Board of Directors (the "Board") , appointed by the
governing body of the City of Wylie, and subject to
applicable limitations imposed by the Texas Non-Profit
Corporation Act, the Development Corporation Act of 1979 ,
the Articles of Incorporation , or these Bylaws . The Board
may, by contract , resolution, or otherwise, give general or
limited or special power and authority to the officers and
employees of the Corporation to transact the general
business or any special business of the Corporation, and may
give powers of attorney to agents of the Corporation to
transact any special business requiring such authorization.
The Board may plan and direct its work through a
Director of Economic Development, who will be charged with
the responsibility of carrying out the Corporation' s program
as adopted and planned by the Board. The Board may contract
with another entity for the services of a director.
4 .02 Number and Qualifications
The authorized number of Directors of this Board shall
be five (5) .
The Directors of the Corporation shall be appointed by
and serve at the pleasure of the Wylie City Council. The
number of Directors shall be five (5) . Each Director shall
meet at least one (1) of the following qualifications:
(a) serve, or have served, as Chief Executive Officer
of a company; or
(b) serve, or have served, in a position of executive
management of a company; or
2
9
(c) serve, or have served , in a professional capacity;
or
(d) have experience equivalent to any of the above
qualifications.
(e) each Director must have lived in the City Limits
or operated a business in the City Limits for a
minimum of one (1) year .
(f) each Director must live in the City Limits
during the tenure of office.
The City Council shall consider an individual' s
experience accomplishments , and educational background in
appointing members to the Board to ensure that the interests
and concerns of all segments of the community are
considered.
4 .03 Bonds
(1) The President, Vice President and Board Members
shall all give an official Liability Insurance Bond of not
less than one million dollars ($1,000 ,000) . The President,
Vice President, and Board Members shall all give a personal
Fidelity Bond of not less than one million dollars
($1,000.00) . The bonds and insurance referred to in this
section shall be considered for the faithful accounting of
all monies and things of value coming into the hands of the
offices . The bonds and insurance shall be obtained from
accredited, surety, and insurance companies authorized to do
business in the State of Texas.
(2) All premiums for the liability insurance and
fidelity bonds will be maintained and funded at the total
expense of the corporation. Copies of bonds and insurance
policies shall be filed with the City Secretary.
4 .04 General Duties of the Board
1. The Board shall develop an overall economic
developemnt plan for the City which shall include
and set forth intermittent and/or short term goals
which the Board deems necessary to accomplish
compliance with its overall economic development
plan. Such plan shall be approved by the City
Council of the City of Wylie. The overall
development plan developed by the Board shall
be one that includes the following elements :
3
a . An economic development strategy to permanently
bolster the business climate throughout the
city.
b. Strategies to fully utilize the assets of the
city which enhance economic development .
c. Identification of strategies to coordinate
public, private, military and academic
resources to develop and enhance business
opportunities for all citizens of Wylie.
This plan shall include methods to improve
communication and cooperation between the
above mentioned entities .
d. Assurance of accountability of all tax moneys
expended for its implementation of the overall
economic development plan.
e. Identification of strategies and provide for
implementation of identified strategies for
direct economic development as defined in this
Section.
f . An annual work plan outlining the activities ,
tasks , projects and programs to be undertaken
by the Board during the upcoming fiscal year .
g. To assist the Board in the implementation of
the overall economic development plan, the
Board may seek out and employ a Director of
Economic Development. The Director of Economic
Development shall be responsible to the Board
and shall act as the Board' s chief admin-
istrative officer and shall assist the Board in
carrying out the duties of the Board as set
forth in this section. The Board shall , in the
annual budget, make provisions for the Comp-
ensation to be paid to the Director of Economic
Development and such compensation so
established by the Board shall comprise the
salary and benefits paid to the Director of
Economic Development for his/her services .
h. The Director of Economic Development shall
be hired by the Board and may be removed by
a vote of 3 members of the Board.
4
2 . The Board shall review and update its overall
economic development plan from time to time to
ensure that said plan is up to date with the
current economic climate and is capable of
meeting Wylie' s current economic development
needs.
3 . The Board shall expend, in accordance with State
law, the tax funds received by it on direct
economic development where such expenditures will
have a direct beneift to the citizens of Wylie.
As used in the article "direct economic
development" shall mean the expenditure of such
tax funds for programs that directly accomplish
or aid in the accomplishment of creating identi-
fiable new jobs or retaining identifiable existing
jobs including job training and/or planning and
research activities necessary to promote said job
creation. The Corporation' s focus will be
primarily in the areas of :
a. Business retention and expansion
b. Business attraction
4 . The Development Corporatin of Wylie, Inc. shall
make reports to the City Council of the City of
Wylie. The Development Corporation of Wylie, Inc .
shall discharge this requirement by reporting to
the City Council in the following manner:
a . The Development Corporation of Wylie, Inc.
shall make a detailed report to the City
Council once each year . Such report shall
include, but not be limited to, the following:
1. A review of all expenditures made by the
Board in connection with their activities
involving direct economic development as
defined in this article, together with a
report of all other expenditures made by
the Board.
2 . A review of the accomplishments of the
Board in the area of direct economic
development .
3 . The policies and strategy followed by the
Board in relation to direct economic
development together with any proposed
changes in such activities .
5
4 . A review of the activities of the Board in
areas of endeavor other than direct
economic development together with any
proposed changes in such activities .
5 . The annual required report shall be made to
the City Council no later than January 31
of each year .
6 . The annual report shall be considered by
the City Council for its review and accep-
tance.
b. The Board shall be regularly accountable to the
City Council for all activities undertaken by
them or on their behalf, and shall report on
all activites of the Board, whether discharged
directly by the Board or by any person, firm,
corporation, agency, association or other
entity on behalf of the Board. This report
shall be made by the Board to the City Council
semi-annually with the first report being made
June 1, 1991, and a similar report being made
each succeeding six (6) months. The semi-
annual report shall include the following:
1 . Accomplishments to date as compared with
the overall plan or strategy for direct
economic development.
2 . Anticipated short term challenges during
the next semi-annual reporting period
together with recommendations to meet such
short term challenges .
3 . Long term issues to be dealt with over the
succeeding twelve-month period or longer
period of time, together with recommen-
dations to meet such isues with emphasis
to be placed on direct economic develop-
ment .
4 . A recap of all budgeted expenditures to
date, together with a recap of budgeted
funds left unexpended and any commitment
made on said unexpeded funds .
4 .05 Implied Duties
The Development Corporation of Wylie, Inc . is
authorized to do that which the Board deems desirable to
accomplish any of the purposes or duties set out or alluded
to in Section 4 .04 of these Bylaws and in accordance with
State law.
6
4 .06 Tenure
The initial terms of office for the Directors shall be
two (2) Directors with three (3) year terms , two (2)
Directors with two (2) year terms, and one (1) Director with
a one (1) year term, as designated by the Mayor and City
Council . No member of the Board shall serve more than two
(2) consecutive full terms. After the initial term of
office the Directors shall serve for three (3) years .
4.07 Meetings; Notice; Conduct
The Board shall meet at least once each month within
the city of Wylie, at a place and time to be determined by
the President. All meetings of the Board shall provide
notice thereof as provided and set forth in Vernon' s
Annotated Civil Statutes Article 6252-17 , et seq. Any
member of the Board may request that an item be placed on
the agenda by delivering the same in writing to the
secretary of the Board no later than ten (10 ) days prior to
the date of the Board meeting. The President of the Board
shall set regular meeting dates and times at the beginning
of his/her term.
The notice shall contain information regarding the
particular time, date, and location of the meeting and the
agenda to be considered . All meetings shall be conducted in
accordance with the Texas Open Meetings Act .
The annual meeting of the Board of Directors shall be
the second Tuesday in January of each year, at 9: 00 a.m.
The Board may retain the services of a recording
secretary if required.
4.09 Attendance; Vacancy
Regular attendance of the Board meetings is required of
all Members. The following number of absences may require
replacement of a member: three (3) consecutive absences , or
attendance reflecting absences constituting 50% of the
meetings over a 12-month period. In the event replacement
is indicated, the member will be counseled by the President
and, subsequently, the President shall submit in writing to
the City Secretary the need to replace the Board member in
question . Any vacancy on the Board shall be filled by
appointment by the City Council of a new member or members
meeting the qualifications set out in Section 4 .02 above.
4 .10 Quorum
A majority of the entire membership of the Board of
Directors shall constitute a quorum. If there is an
7
insufficient number of Directors present to convene the
meeting , the presiding officer shall adjourn the meeting .
4 .11 Compensation
The duly appointed meembers of the Board shall serve
without compensation, but shall be reimbursed for actual or
commensurate cost of travel , lodging and incidental expense
while on official business of the Board in accordane with
State law.
4 .12 Voting; Action of the Board of Directors
Directors must be present in order to vote at any
meeting. Unless otherwise provided in these Bylaws or in
the Articles of Incorporation or as required by law, the act
of a simple majority present shall be the act of the Board
of Directors . In the event that a Director is aware of a
conflict of interest or potential conflict of interest , with
regard to any particular vote, the Director shall bring the
same to the attention of the meeting and shall abstain from
the vote, unless the Board determines that no conflict of
interest exists . Any Director may bring to the attention of
the meeting any apparent conflict of interest or potential
conflict of interest of any other Director, in which case
the Board shall determine whether a true conflict of
interest exists before any vote shall be taken regarding
that particular matter . The Director as to whom a question
of interest has been raised shall refrain from voting with
regard to the determination as to whether a true conflict
exists .
4 .13 Boards' s Relationship with City Council
In accordance with State law, the City Council shall
require that the Development Corporation of Wylie, Inc. be
responsible to it for the proper discharge of its duties
assigned in this article. The Board shall determine its
policies and direction within the limitations of the duties
herein imposed by applicable laws , the Articles of
Incorporation, these Bylaws , contracts entered into with the
City, and budget and fiduciary responsibilities.
4 .14 Boards' s Relationship with Administrative
Departments of the City
Any request for services made to the administrative
departments of the City shall be made by the Board of its
designee in writing to the City Manager . The City Manager
may approve such request for assistance from the Board when
he finds such requested services are available within the
administrative departments of the City and that the Board
has agreed to reimburse the administrative department' s
budget for the costs of such services so provided.
8
c2lc&---
SECTION V
OFFICERS
5 .01 Officers of the Corporation
The elected officers of the Corporation shall be a
President, Vice President, Secretary, and Treasurer. The
Board may resolve to elect one or more Assistant Secretaries
or one or more Assistant Treasurers as it may consider
desirable. Such officers shall have the authority and
perform the duties of the office as the Board may from time
to time prescribe or as the Secreatary or Treasurer may from
time to time delegate to his or her respective Assistant.
Any two (2) or more offices may be held by the same person,
except the office of President .
5 .02 Selection of Officers
The initial President and Vice President shall be
elected by the Board and shall serve a term of one (1) year .
On the expiration of the term of office of the original
President and Vice President , the Board shall select from
among its Members individuals to hold such office. The term
of office of the President and Vice President shall always
be for a period of one year ; provided , however , that the
President and Vice President continue to serve until the
election of their successors .
The Secretary and Treasurer shall be selected by the
members of the Board and shall hold office for a period of
one (1) year; provided, however , that they shall continue
to serve until the election of their successors. Elections
shall be held at the annual meeting of the Board.
Any officer meeting the qualifications of these Bylaws
may be elected to succeeed himself or to assume any other
office of the Corporation.
5 .03 Vacancies
Vacancies in any office which occur by reason of
death, resignation, disqualification, removal, or otherwise,
shall be filled by the Board of Directors for the unexpired
portion of the term of that office in the same manner as
other officers are elected to office.
5.04 President
The following shall be the presiding officer of the
Board with the following authority:
1 . Shall preside over all meetings of the Board.
9
2 . Shall have the right to vote on all matters coming
before the Board.
3 . Shall have the authority, upon notice to the
members of the Board, to call a special meeting
of the Board when in his judgment such meeting is
required .
4 . Shall have the authority to appoint standing commit-
tees to aid and assist the Board in its business
undertakings or other matters incidental to the
operation and functions of the Board .
5 . Shall have the authority to appoint ad hoc
commitees which may address issues of a temporary
nature of concern or which have a temporary affect
on the business of the Board.
In addition to the above mentioned duties , the
President shall sign with the Secretary of the Board any
deed, mortgage, bonds , contracts , or other instruments which
the Board of Directors has approved and unless the execution
of said document has been expressly delegated to some other
officer or agent of the Corporation by appropriate Board
resolution, by a specific provision of these Bylaws , or by
statute. In general , the President shall perform all duties
incident to the office, and such other duties as shall be
prescribed from time to time by the Board of Directors.
5.05 Vice President
In the absence of the President, or in the event of his
or her inability to act , the Vice President shall perform
the duties of the President. When so acting , the Vice
President shall have all power of and be subject to all the
same restrictions as upon the President. The Vice President
shall also perform other duties as from time to time may be
assigned to him or by the President.
5 .07 Treasurer
The Treasurer shall be bonded for the faithful
discharge of his/her duties with such surety or sureties and
in such sum as the Board of Directors shall determine by
Board resolution, but in no event shall the amount of such
bond be less than an amount equal to the average of the sums
which the Treasurer has access to and the ability to convert
during a twelve (12) month period of time. The Treasurer
shall have charge and custody of and be responsible for all
funds and securities of the Corporation. The Treasurer
shall receive and give receipt for money due and payable to
the Corporation from any source whatsover, and shall deposit
all such moneys in the name of the Corporation in such bank,
10
trust corporation, and/or other depositories as shall be
specified in accordance with Article seven of these Bylaws .
The treasurer shall , in general , perform all the duties
incident to that office, and such other duties as from time
to time assigned to him by the President of the Board.
5.08 Assistant Secretaries and Assistant Treasurers
The Assistant Secretaries and Assistant Treasurers , if
any, shall in general , perform such duties as may be
assigned to them by the Secretary or the Treasurer , or by
the President of the Board of Directors .
5 .09 Director of Economic Development
The Corporation may employ a Director of Economic
Development. The Director of Economic Development shall
serve as the Chief Executive Officer of the Corporation and
shall oversee all administrative functions of the
Corporation. The Director shall develop policies and
procedures for the Corporation including financial ,
accounting , and purchasing policies and procedures to be
approved by the Board and City Council .
5 .10 Other Employees
The Corporation may employ such full or part-time
employees as needed to carry out the programs of the
Corporation.
5 .11 Contracts for Service
The Corporation may, with approval of the City Council ,
contract with any qualified and appropriate person,
association, corporation or governmental entity to perform
and discharge designated tasks which will aid or assist the
Board in the performance of its duties . However , no such
contract shall ever be approved or entered into which seeks
or attempts to divest the Board of Directors of its
discretion and policy-making functions in discharging the
duties herein above set forth in this section.
SECTION VI
COMMITTEES
6 .01 Qualifications for Committee Membership
Members of committees shall be appointed by the
President , and approved by the Board. Committee members
need not be members of the Development Corporation of Wylie,
Inc . unless required by these Bylaws or Board resolution.
11
6 .02 Standing Committees
The President shall have authority to appoint the
following standing committees of the Board and such other
committees as the Board may deem appropriate in the future:
1. Budget, Finance and Audit Committee: This committee
shall have the responsibility of working with the Director,
or the contractual entity performing as a Director as the
case may be, in the formation and promotion of the annual
budget of the Board. The Committee shall present such
budget to the Board and, upon approval , shall present, in
accordance with these Bylaws, said budget to the City
Council . In addition to the preparation of the expenditures
of the Board and keep the Board avised in such matters. The
Committee shall further have the responsibility to oversee
and work with auditors of the City or outside auditors when
audits of the Board are being performed .
2 . Committee for Business Retention and Expansion: This
committee shall work with the Director of Econoomic
Development and shall keep the Board informed of all
development and activities concerning business retention and
expansion.
3 . Committee for New Business Attraction and Recruitment:
This committee shall work with the Director of Economic
Development and shall keep the Board informed of all
developments and activities concerning business attraction
and recruitment.
6.03 Special Committees
The President may determine from time to time that
other committees are necessary or appropriate to assist the
Board of Directors , and shall designate, subject to Board
approval , the members of the respective committees.
No such committee shall have independent authority to
act for or in stead of the Board of Directors with regard to
the following manners: amending , altering , or repealing the
Bylaws; electing, appointing, or removing any member of any
such committee or any Director or Officer , of the
Corporation; amending the Articles of Incorporation;
adopting a plan of merger or adopting a plan of
consolidation with another corporation; authorizing the
sale, lease, exchange, or mortgate of all or substantially
all of the property and assets of the Corporation;
authorizing the voluntary dissolution of the Corporation or
revoking the proceedings thereof; adopting a plan for the
distribution of the assets of the Corporation; or amending
altering, or repealing any resolution of the Board of
12
Directors which by its terms provides that it shall not be
amended, altered, or repealed by such committee.
The designation and appointment of any such committee
and delegation to that committee of authority shall not
operate to relieve the Board of Directors, or any individual
Director , of any responsibility imposed on it or on him/her
by law.
6 .04 Term of Office of Committee Members
Each member of a committee shall continue as such
until the next appointment of the Board of Directors and
until his or her successor on the committee is appointed,
unless the committee shall be sooner terminated or unless
such member has ceased to serve on the Board of Directors ,
or unless such member be removed from such committee.
Any committee member may be removed from committee
membership by the President , with Board approval , whenever
in their judgement the best interests of the Corporation
would be served by such removal .
6 .05 Vacancies on Committees
Vacancies in the membership of any committee may be
filled in the same manner as provided with regard to the
original appointments to that committee.
6 .6 Ex-Officio Members
The City Manager or his designee and the Mayor or his
designee may attend all meetings of the Board of Directors
or Committees. These representatives shall not have the
power to vote in the meetings they attend. Their attendance
shall be for the purpose of ensuring that information about
the meeting is accurately communicated to the City Council
and to satisfy the City Council obligation to control the
powers of the Corporation.
SECTION VII
FINANCIAL ADMINISTRATION
The Corporation may contract with the City for
financial and accounting services. The Corporation' s
financing and accounting records shall be maintained
according to the following guidelines.
13
7 .01 Fiscal Year
The fiscal year of Corporation shall begin on October 1
and end on September 30 of the following year .
7 .02 Budget
A budget for the forthcoming fiscal year shall be
submitted to, and approved by, the Board of Directors, and
the City Council of the City of Wylie. In submitting the
budget to the City Council, the Board of Directors shall
submit the budget on forms prescribed by the City Manager
and in accordance with the annual budget preparation
schedule as set forth by the City Manager . The budget shall
be submitted to the City Manager for inclusion of it in the
annual budget presentation to the City Council .
7 .03 Contracts
As provided in Article V above, The President and
Secretary shall execute any contracts or other instruments
which the Board has approved and authorized to be executed ,
provided, however , that the Board may by appropriate
resolution authorize any other officer or officers or any
other agent or agents, including the Director of Economic
Development , to enter into contracts or execute and deliver
any instrument in the name and on behalf of the Corporation.
Such authority may be confined to specific instances or
defined in general terms. When appropriate, the Board may
grant a specific or general power of attorney to carry out
some action on behalf of the Board, provided, however that
no such power of attorney may be granted unless an
appropriate resolution of the Board authorizes the same to
be done.
7 .04 Checks and Drafts
All checks , drafts , or orders for the payment of money,
notes, or other evidences of indebtedness issued in the name
of the Corporation shall be signed or bear the facsimile of
the President or the Treasurer, or such other person as
designated by the Board.
7 .05 Deposits
All funds of the Development Corporation of Wylie, Inc.
shall be deposited on a regular basis to the credit of the
Corporation in a local bank which shall be federally
insured.
14
7.06 Gifts
The Development Corporation of Wylie, Inc . may accept
on behalf of the Corporation any contribution, gift ,
bequest , or device for the general purpose or for any
special purposes of the Corporation.
7.07 Purchasing
All purchases made and contracts executed by the
Corporation shall be made in accordance with the
requirements of the Texas Constitution and statutes of the
State of Texas.
7.08 investments
Temporary and idle funds which are not needed for
immediate obligations of the Corporation may be invested in
any legal manner provided in Tex . Rev. Civ. Stat . Ann. Art ,
842a-2 (Public Funds Investment Act) .
7 .09 Bonds
Any bonds issued by the Corporation shall be in
accordance with the statute governing this corporation but
in any event, no bonds shall be issued without approval of
the City Council after review and comment by the city' s bond
counsel and financial advisor .
7 .10 Uncommitted Funds
Any uncommitted funds of the Corporation at the end of
the fiscal year shall be considered a part of the Fund
Balance.
The Undesignated Fund Balance may be committed for any
legal purpose provided the Corporation' s Board of Directors
and the City Council both approve such commitment. This may
include the establishment of a Permanent Reserve Fund which
shall be accumulated for the purpose of using the interest
earnings of such fund to finance the operation of the
Corporation.
SECTION VIII
BOOKS AND RECORDS
8 .01 BOOKS AND RECORDS
The Corporation shall keep correct and complete books
and records of all actions of the Corporation, including
books and records of account and the minutes of meeting of
the Board of Directors and of any committee having any
15
authority of the Board and to the City Council . All books
and records of the Corporation may be inspected by Directors
of the Corporation or his/her agent or attorney at any
reasonable time; and any information which may be designated
as public information by law shall be open to public
inspection at any reasonable time. The Texas Open Records
Act and Open Meetings Act shall apply to disclosure of
public information. The Board of Directors shall provide
for an annual financial audit to be performed by a competent
independent audit firm.
8 .02 Monthly Reports
The Corporation shall provide monthly summaries of
proposed dispersal of funds for anticipated projects , and
funds that are dispersed over $50 ,000 .00 .
SECTION IX
SEAL
9 .01 Seal
The Board of Directors shall obtain a corporate seal
which shall bear the words "Corporate Seal of Development
Corporation of Wylie, Inc. " ; the Board may thereafter use
the corporate seal and may later alter the seal as necessary
without changing the corporate name; but these Bylaws shall
not be construed to require the use of the corporate seal .
SECTION X
PROGRAM
10 .01 Authorization
The Corporation shall carry out its program subject to
its Articles of Incorporation and these Bylaws , and such
resolutions as the the Board may from time to time
authorize.
10 .02 Program
The program of the Development Corporation of Wylie,
Inc. shall be to assist , stimulate, and enhance economic
development in Wylie, Texas, subject to applicable State and
Federal law, these Bylaws, and the Articles of
Incorporation.
16
SECTION XI
PARLIAMENTARY AUTHORITY
11 .01 Amendments to Bylaws
These Bylaws may be amended or repealed and new Bylaws
may be adopted by an affirmative vote of four (4) of the
authorized Directors serving on the Board, at a special
meeting of the Directors held for such specific purpose, and
the notice requirements stated hereinabove regarding special
meetings shall apply. The Directors of the Corporation
present at an annual meeting of the Board may, by a vote of
four (4) , in accord with the requirements of Article IV
hereinabove, amend or repeal and institute new Bylaws ,
provided that at least ten (10) days prior to the annual
meeting , written notice setting forth the proposed action
shall have been given to the directors, and public notice
regarding such action given according the requirements of
the Texas Open Meetings Act and Open Records Act .
Notwithstanding the foregoing, no amendment shall
become effective unless the City Council approves the
amendment .
SECTION XII
DISSOLUTION
12 .01 Dissolution
On petition of ten (10) percent or more of the
registered voters of the City of Wylie requesting an
election on the dissolution of the Corporation , the City
Council shall order an election on the issue. The election
must be conducted according to the applicable provision of
the Election Code. The ballot for the election shall be
printed to provide for voting for or against the
proposition:
"Dissolution of the Development Corporation of Wylie, Inc."
If a majority of voters voting on the issue approve the
dissolution, the Corporation shall continue operations only
as necessary to pay the principal of and interest on its
bonds and to meet obligations incurred before the date of
the election and, to the extent practicable, shall dispose
of its assets and apply the proceeds to satisfy those
obligations. When the last of the obligations is satisfied ,
any remaining assets of the Corporation shall be tramsferred
to the City, and and the Corporation is dissolved.
17
gx
SECTION XIII
INDEMNITY
13 .01 Indemnity
The Board of Directors shall authorize the Corporation
to pay or reimburse any current or former Director or
Officer of the Corporation for any costs , expenses , fines ,
settlements, judgments, and other amounts, actually and
reasonable incurred by such person in any action, suit, or
proceeding to which he or she is made a party by reason of
holding such position as Officer or Director; provided ,
however , that such Officer or Director shall not receive
such indemnification if he/she be finally adjudicated in
such instance to be guilty of negligence or misconduct in
office. The indemnification herein provided shall also
extend to good faith expenditures incurrred in anticipation
of , or preparation for , threatened or proposed litigation.
The Board of Directors may, in proper cases, extend the
indemnification to cover the good faith settlement of any
such action, suit , or proceedings , whether formally
instituted or not .
SECTION XIV
MISCELLANEOUS
14 .01 Relation to Articles of Incorporation
These Bylaws are subject to, and governed by, the
Articles of Incorporation and applicable State statutes
under which the Corporation is organized .
18
MEMORANDUM
DATE: September 6 , 1990
TO: Mayor and City Council pei...............FROM: Bill Dashner , City Manage .
RE: Consider Awarding Competitive Bid on the Purchase
of One (1) New 1991 Police Patrol Unit
As authorized the City has been through the competive bid
process. Three competive bids were received. They are as
follows :
Prestige Ford - Garland $12 ,430 .00 (delivery 60-120 days)
Bob Tomes Ford - McKinney $12,649 .00 (delivery 120 days)
Greenville Ford - Greenville $13 ,222 .00 (delivery Sept . 15 )
Based on all three (3) bids received and based on the published
specifications it is recommended that Prestige Ford of Garland be
awarded the bid in the amount of $12 ,430.00 . With delivery time
as stipulated .
Attachment: Specifications for 1991 Crown Victoria Police
Package
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paw odty oin fi '° ,, ^ !_
ESP. lindefblo ;read ,, .,�•.:,,�,.,'a�- „',';' �F,: I,"� w, 'drive, ' : 1,,> , ,. � , , � �!
r x ' • d internal 13E 11 a �w ,i..j-.I,:,• i II , ' t '.'.�,,,,a .4 . , i :
' BASE x
$ ' _ 'land
InleC t t ���g r t �:r�4 i � ! , � !� . 4`Y� ,z 1
f fix u a d.lines'' A :•" D I '
�j� r
Kiit b' {+ t •. A y � .1M ! -•W/d ",{IMI r[i, 4 R
q ,•til , ' RANSMISSION _ , ' tt tl
�,,�, "� � ���u ta- 'o • �,aridrlin•��. jot, '•`
` •' �;. t'f'"�'A ransmission case an' •k r PO "St�in01�!.I'• ' p :. ' ' t ' 1,
ie e h ".v Y sk.t )-r i�n ' fit, k ° !' '• 1'' ' CIR930' !.',. !1 i_'ti a:t ,y , • a
S'rel •a +?/ � t•rw sy* x I 'tr ,f '" Y.
t >.t'.. � .. t.�., .own •.u•...u, � ... .. s
FORD FRONT SUSPENSION ;' BRAKES OTHER HIGH-TECH FEATURES ''" r',
Electronic air suspension Anti-lock brake module , Power seat motors,r al ^ Speed control ,rl ts , `y ..
(selected components) and sensor ,g r ,): _is power window -, Keyless entry system r,.�, -,,i
ESP motors,power (except door handles) ' ' ;, 1 -,
AIR CONDITIONING ENGINE' antenna,power . lnsta-Clear•windshield ;, "�
Automatic temperature Radiator door locks (electrical only—not ter" '
pLUS control Distributor cap and rotor Electronic •instrument ,• glass damage or' " -
Heater blower motor and • Fuel tank and lines r* "+,cluster(excluding , y,r. breakage) a 'W 1�' - ,
core assembly r •; •A; a dash pad,clock, ,• ,F r ,f T t. t
radio and equalizer) _ , 1
FORD ESP TOTAL Covers virtually all vehicle components,including all R M i
those shown above plus hundreds more.See list of exceptions. n( 6-D-,
FPS-11614 COctober 1989 Ford Motor Company
MEMORANDUM
DATE: August 31, 1990
TO: Mayor and City Council
Ns
FROM: Bill Dashner, City Manager
RE: Discuss and Consider Autho izing Competitive
Proposals for Emergency Medical Services for
City of Wylie and Others
The Emergency Medical Services Committee has worked for
sometime now and has produced an RFP which will serve as
detail specifications for bidders to bid on the service.
The City Council has been provided the document. I have
reviewed the document and believe that it protects the
City' s interest in trying to get a quality provider . The
following action is needed:
1 . The City Council needs to approve specification
document so that all vendors will be bidding on
the same criteria .
2 . Solicit bids beginning on September 14 , 1990 .
3 . Accept and reveiw all bids around mid October and
take a recommendation to the City Council at the
last meeting in October, 1990 .
4 . City Council will award the bid and authorize
execution of a contract .
5 . New provider will assume all responsibilities for
the service around mid November 1990 .
-�4
MEMORANDUM
DATE: September 4, 1990
TO: Mayor and City Council
FROM: Bill Dashner, City Manager t4a)L01/mm
RE: Discuss and Consider New Contract under Emergency
and Temporary Conditions on Ambulance Service with
Nortex Emergency Medical Service, Inc .
At the present time the City is under contract with Lifeline
Christian Care Ambulance, Inc . This company based in Dallas
has filed for Chapter 7 Bankrupcty. They are out of
business . They have relinquished all responsibilities in
the contract . This company did not give the City 90 days
notice as provided by the contract. At the present time the
service is being managed and run by Mr. John Lemley.
Walter C. Crocker is the individual the City is under
contract with but he has relinquished all responsibilities
and is now in Chapter 7 Bankrupcty. I would recommed that
the City Council execute a new contract under emergency
conditions with Mr . John Lemley, President and General
Manager of Nortex Emergency Medical Service, Inc. This will
be only temporary until new bids can be received and
awarded . Mr. Lemley advises me that he will comply with
all terms and conditions of the old contract which is
attached as amended. I see no other way to do this since we
have to have a responsible party. You may also want to
consider legal action against Walter C. Crocker for
violating the contract . This will not be very fruitful
since he has already declared bankrupcty.
Attachment - Old Contract which could be rewritten between
City and Mr. Lemley.
CONTRACT FOR PROVISION OF
ADVANCED LIFE SUPPORT AMBULANCE SERVICE
This contract is entered into by and between the City of Wylie, Texas ("City"),
and Lifeline Christian Care Ambulances, Inc. ("Lifeline"), on the /7ki day of
December, 1987, and is to witness the following:
WHEREAS, the City currently operates an emergency ambulance service providing
basic life support; and
WHEREAS, the City desires to upgrade the current service level to advanced
life support; and
WHEREAS, the City Council has determined that it is in the best interests of
the City to contract with Lifeline for provision of such service; and
WHEREAS, Lifeline has agreed to provide such service on the following terms
and conditions.
NOW, THEREFORE, in consideration of the premises and the mutual promises and
obligations of the parties as recited herein, City and Lifeline agree as follows:
1. Scope of Service
A. Lifeline agrees, during the term of this contract, to provide advanced life
support (ALS) emergency ambulance service to all areas within the corporate limits of
the City.
B. The ALS service to be provided by Lifeline shall include an emergency
ambulance that carries the drugs, equipment, and telemetry of vital signs to a qualified •
doctor as well as any and all other equipment or supplies required by law to provide
ALS service. Lifeline agrees to man such ambulance with fully trained paramedics
and/or emergency medical technicians who are authorized and qualified to administer
ALS.
C. City agrees to dispatch all E9-1-1 calls for emergency ambulance service
within the corporate limits of the City to Lifeline/Methodist-Dispatch during the term
of this contract or any renewal hereof.
D. This contract is based on t:,e premise that Lifeline has a contract with
Methodist Hospitals of Dallas to provide all medical control and dispatch services,
including telemetry to a qualified doctor for stabilization of a patient at the scene, to
meet the minimum standards for ALS as required by state law. Such services are more
fully set out in the agreement for ambulance support services provided by Methodist
to Lifeline, which agreement is incorporated herein by reference and made a part hereof
for all purposes. This contract will terminate automatically and immediately in the
event such contract between Methodist and Lifeline is terminated for any reason and
no substitute contract is entered into of a like nature and on a basis acceptable to
the City.
2. Term
A. This contract shall be effective from December 15, 1987, through
December 31, 1989, unless sooner terminated as provided herein.
B. The parties have agreed that the first year service shall be subsidized in
part by the City as provided in Paragrah 3 below. The parties have not agreed on
the amount of subsidy for the second year of this contract, but have agreed to negotiate
the amount of such subsidy and to agree on the amount of the same or to agree to
terminate this contract. The parties agree to negotiate such term and reach a decision
on or before September 1, 1988, so that the amount of any subsidy agreed upon can
be included within the City's budget for the succeeding fiscal year.
3. Subsidy
A. The parties agree that the subsidy to Lifeline from the City for the first
year of this contract shall consist of two (2) existing ambulances and related equipment
owned by the City. City agrees to convey title to the two (2) ambulances and related
equipment to Lifeline in the manner provided by law, conditioned on other terms of
this contract stated below.
B. The parties agree that the subsidy for the second year of this contract
shall not exceed the sum of Fifty Thousand Dollars ($50,000.00) cash, subject to the
negotiations provided in Paragraph 2 above. The parties agree that if the subsidy for
the second year of this contract, beginning January 1, 1989, is not funded by appropriate
budget action of the City, this contract shall terminate on December 31, 1988.
4. Conditions of Service
A. Lifeline agrees to:
(1) Provide immediate ALS service for all emergency calls dispatched
to it within the corporate limits of the City for the term of this
contract.
(2) Be responsible for all hiring of employees, dispatching, billing and
collections.
(3) Save, indemnify, and hold harmless the City, its officers, agents and
employees from any claim, suit, damage, judgment, or attorney's
-2-
-7//
fees arising out of or in any way related to any claim of negligence
by third parties against any employee of Lifeline as a result of
providing the ambulance services outlined in this contract.
(4) To provide ALS emergency service to any location within the
corporate limits of the City in a time of eight (8) minutes or less
from dispatch time to arrival at the scene in not less than ninety
percent (90%) of all dispatches within the City.
(5) To provide nonemergency response within fifteen (15) minutes of
any dispatch within the City in ninety percent (90%) of nonemergency
dispatch runs.
(6) To provide such services at a reasonable cost to the citizens of
the City. The initial approved fee schedule for such services is
attached hereto as Exhibit "A" and made a part hereof for all
purposes.
(7) To provide monthly run statements to the City, including the type
of run, response time, disposition of patients, and any unusual
circumstances.
(8) To provide an annual financial statement of Lifeline to the City.
(9) To notify the Police Department of the City immediately upon
observance of any unusual circumstance in conducting an ambulance
run, either emergency or nonemergency.
(10) To receive and respond accordingly to City dispatches directly from
the emergency number system or to citizens referred by the City
directly in the manner required by this contract.
B. The City agrees to:
(1) Call Lifeline directly when a call is received for emergency
ambulance service through the City's E9-1-1 emergency service
number system and to give nonemergency callers Lifeline's direct
telephone number upon request to the City for nonemergency
ambulance service.
(2) To dispatch emergency and nonemergency ambulance service calls
exclusively to Lifeline during the term of this contract.
-3-
(3) To convey two (2) ambulances currently owned by the City and any
other personal property or equipment related thereto in the manner
provided by law, subject to the terms and conditions of this contract.
(4) To provide liaison by the City Manager or his representative between
the City and Lifeline.
(5) To review and approve all reasonable requests by Lifeline for
increases in fees for services rendered in connection with the
ambulance service.
5. Insurance
Lifeline agrees to maintain comprehensive general liability insurance to
cover all insurable risks arising out of or in any way connected with the provision of
ambulance services in accordance with this contract, including emergency or
nonemergency services, ALS services, vehicle operations, and any and all personnel of
Lifeline while acting within the course and scope of their employment in providing any
of the services covered by this contract. Lifeline agrees to furnish such insurance in
accordance with the schedule attached hereto as Exhibit "B" and to show the City as
an additional named insured therein as its interest may appear. Lifeline agrees to
furnish the City a certified copy of any and all policies of insurance held by Lifeline
pursuant to and required by this section on or before the effective date of this contract.
6. Termination
A. Either party to this contract may terminate the contract upon the giving
of ninety (90) days written notice, such notice to be given by certified mail, return
receipt requested, or by hand delivery to:
Lifeline Christian Care Ambulances, Inc.
5353 Maple, Suite 200
P. O. Box 35033
Dallas, Texas 75235
City of Wylie, Texas
Attn: City Manager
P. O. Box 428
Wylie, Texas 75098
B. In the event Lifeline terminates this contract before the expiration of six
(6) months from the effective date hereof, it agrees to transfer title to the two (2)
ambulances to be conveyed hereunder back to the City on or before such termination
date. In the event Lifeline terminates this contract before the expiration of one (1)
year from the effective date hereof, it agrees to convey one (1) of the two (2) ambulances
-4-
back to the City, the choice of which ambulance to be conveyed to be within the
discretion of the City. If necessary, Lifeline may sell either or both ambulances prior
to the end of the first year of this contract. If it does and the contract is then
terminated as provided in this section, Lifeline agrees to reimburse the City an amount
equivalent to the sale price of the ambulance(s). If improvements or additions are made
to the ambulance(s), they may be removed if the ambulance(s) is returned to the City
pursuant to this section.
C. As provided above, if the subsidy to be provided by the City to Lifeline
during the second year of this contract is not budgeted during the required fiscal year
by the appropriate legal process, this contract shall terminate and be of no further
force or effect after December 31, 1988.
7. Performance Guaranty
Lifeline agrees that it will maintain its qualifications as a provider of ALS
in accordance with all requirements of state law and appropriate agency regulations.
Lifeline agrees that its personnel providing ALS services will be fully trained and
qualified as paramedics and/or emergency medical technicians as may be required for
giving the level of service they are providing and that such personnel will accomplish
all of continuing education requirements of the state or its agencies or as required by
the ambulance support services agreement with Methodist Hospital.
8. Miscellaneous Provisions
A. This contract is performable in the City of Wylie, Collin County, Texas.
B. Venue of any cause of action with regard hereto shall be in Collin County,
Texas.
C. This contract contains all the agreements of the parties, and no prior or
contemporaneous oral agreements shall modify any term or provision hereof. No
amendment of any provision hereof shall be effective unless and until executed in writing
by the parties hereto.
D. Amendments hereto on behalf of the City of Wylie shall not be effective
unless and until such amendment has been approved by appropriate resolution of the
City Council.
E. This contract shall be governed by the laws of the State of Texas.
-5-
EXECUTED in duplicate originals on the date first written above.
CITY OF Yin, TEXAS
(Ow
OF wY By:
lest* ayor
EAATTES
Secretary
/E, TE.I'P\il (....-C--/-1 i
nuiummo0
LIFELI HRISTIAN CAft MB NCFS, I .
By:
Pr ide t
By: g'?(/IGC.C. fittilir-
Executive Vice Preside
Administration
ATTEST:
..fr-e,, L,,t z
Secretary
-$-
�` � INSURANCE PROFESSIONAL LIABILITY POLICY
ADMIRAL I% COMPANY (CLAIMS-MADE FORM)
A STOCK COMPANY A87 MP
1191
ineretn called -tne Company`)
DECLARATIO
LIFELINE CHRISTIAN CARE �t
1NSURts.
NAMED AMBULANCE, INC . W�I�I�A[n�
INSuREO 5353 MAPLE AVE . , SUITE 200
DALLAS, TEXAS 75235 DWYER
MAILING CO-
AOORESS
POLICY PERIOD: From . 06-18-87 To 06-18-88
At 12:01 A.M. Standard Time at the address or the Named Insured as stated herein.)
40
In consiaer:tton of the payment of premium, in reliance upon the statements herein or attached hereto, and subject to all of the terms of this policy, the
Company agrees with the Named Insured as follows:
NOTICE
Except to such extent as may otherwise be
I. NAMED INSUREDS BUSINESS: AMBULANCE SER'LFLG ded herein, the coverage cf this policy is
lim'ted generally to liability for only those claims
tLat are first made against the insured while tl-
2. LIMITS OF LIABILITY: S 100, 000 . each clain{�F'Ol:Cy is in force. please review the policy care-
aggregate
S 100, 000 . fwiiy and discuss the coverage thereunder with
your insurance agent or broker.
3. DEDUCTIBLE (Including Expenses(: $2, 5 0 0 . 0 0 PER CLAIM
4. CLAIMS EXTENSION PERIOD: (APPLIES ONLY IF THE COMPANY CANCELS OR REFUSES TO
RENEW) : 6 MONTHS FROM THE CANCELLATION OR EXPIR—
ATION OF THIS POLICY .
5. RETROACTIVE DATE 0 6—18—8 7
6. PREMIUM: PROFESSIONAL LIABILITY — $3, 500 . 00 FLAT CHARGE
EXTENDED DISCOVERY PERIOD — $ 1, 000 . 00 FLAT CHARGE, FULLY
EARNED AT INCEPTION
CGL — $500 . 00 (TOTAL: $5, 000 . 00)
7. FORMS AND ENDORSEMENTS ATTACHED AT INCEPTION:
JC-0076, JC-0078, ENDORSEMENTS # 1, #2, #3, #4, #5, #6
A SIGNED COPY OF THE NAMED INSUREDS APPLICATION FOR THIS POLICY IS
ATTACHED HERETO. AND MADE A PART HEREOF. AT INCEPTION.
Countersigned On-
09-04-87/SSG
At: AU-ST-I•N TEXAS By:
Authorized Representative
J0-3026 011$3)
�� g 15
LIFELINE CHRISTIAN CARE AMBULANCE , INC .
5353 MAPLE , SUITE 200
DALLAS , TEXAS 75235
DATE : NOVEMBER 15 , 1987
:0 : CITY OF WYLIE , TEXAS
SUBJECT : EMERGENCY MEDICAL SUPPORT SERVICE
ADVANCED LIFE SUPPORT A . L . S .
FEE : $ 157 . 00 pick-up
$ 15 . 00 oxygen
$ 25 . 00 lifepack 5 E . C . G . monitor
$ 35 . 00 telementry EMlink DRUGS
$232 . 00 TOTAL
EMERGENCY MEDICAL SUPPORT
IV FLUIDS AS PROTOCALS
EOA/ ET TUBES WITH LARYNGOSCOPE BLADES
DEMAND VALVE OXYGEN UNIT
IV CAYHETERS BUTTERFLIES AS PROTOCAL PRESCRIBES
50: DEXTROSE
E . C . G . MONITOR DIFIBRILLATOR
DRUGS MEDICAL TREATMENT PROTOCAL
TELEMENTRY
$3 . 00 PER MILE
NON-EMERGENCY BASIC LIFE SUPPORT
FEE : $ 120 . 00 pick-up
$ 15 . 00 oxygen
$ 135 . 00 TOTAL
MILAGE $3 . 00 a mile
ROUTINE TRANSFER FOR WYLIE HILLCREAST NURSING HOME
$ 110 . 00 flat rate to Wylie Community Hospital
$ 110 . 00 $2 . 00 a mile any other facility
"Exhibit A"
LIFELINE CHRiSTIAN CARE AMBULANCE , INC .
5353 MAPLE , SUITE 200
DALLAS , TEXAS 75235
DATE : NOVEMBER 15 , 1987
TO : CITY OF WYLIE , TEXAS
SUBJECT : EMERGENCY MEDICAL SUPPORT SERVICE
ADVANCED LIFE SUPPORT A . L . S .
FEE : $157 . 00 pick-up
$ 15 . 00 oxygen
$ 25 . 00 lifepack 5 E . K .G . monitor
$ 35 . 00 telementry EMlink DRUGS
$232 . 00 TOTAL
EMERGENCY MEDICAL SUPPORT
IV FLUIDS AS PROTOCALS
EOA/ET TUBES WITH LARYNGOSCOPE BLADES
DEMAND VALVE OXYGEN UNIT
IV CAYHETERS BUTTERFLIES AS PROTOCAL PRESCRIBES
50t DEXTROSE
E . C .G . MONITOR DIFIBRILLATOR
DRUGS MEDICAL TREATMENT PROTOCAL
TELEMENTRY
$3 . 00 PER MILE
NON-EMERGENCY BASIC LIFE SUPPORT
FEE : $120 . 00 pick-up
$ 15 . 00 oxygen
$135 . 00 TOTAL
MILAGE $3 . 00 a mile
ROUTINE TRANSFER FOR WYLIE HILLCREAST NURSING HOME
$ 110 . 00 flat rate to Wylie Community Hospital
$110 . 00 $2 . 00 a mile any other facility
"Exhibit A"
•—.—• xx i miry universal insurance Company -
Mc. iC 6 13 34 9 Security National Insurance Company d 'e` ' s '"j T
DECLARATIONS—PART I '
NSW:., -- ��t:r,.:....a.�
"'"-"" _� Trinity Universal Insurance Company •
news of Kansas, Inc.
(.(Grin O..Kta-ON,... Tt. *
L Named (awned and Address:
• Lifeline Christian Care Ambulance, Inc .
5353 Maple, Suite 200
Dallas,TX 75235 The earned m is:L' individual; ❑ partnership; ` _corporation: _ iont venture;
2. Policy Period: ,Mo. Day rr.) Other
From 4-10-87 to 4-10-88 Business of the named tossed is
12:01 A.M..standard time at the address of the named inured as stated herein.
1. Schedule as of Effective Date of this Insurance—As to: is, Sections A, 8 3 C—Owned Automobiles; 1bf Section 0—Covered Automobiles (including newly accurate
+ehrctes, subject to the provisions of paragraph Ihi of the "covered automooile" definition,
i i 1 Description: Purpose of Use iP & 81 = Pleasure aria nosiness; C = Commercial,
AUTO Year ir-- Naas lady Type—Capacity 'Triad Load. Gaaaeage. Bus Seating,: IdeatjNeao.. us. Pneapad Pummelsar
y Garaged ►u Cla -
w- Modal semi rSi. Mir till No.; Cinders 'Ms.': Midst ITaw State' et Use flcawe
li 1980 Chevrolet type 1 Ambulance 1 T. #7251 Terr:02 7931(3.00)+15%
12) Facts Respecting Purchase As to Section 0. any toss under Coverages other than Towingis a able as
Auto List Actual Pus CUSS d Rabat; e p Y
no. Pr Cast Mo. & yr.—ae. a, ,: Used .u1 Symbol
interest may appear to the named insured and the Loss Payee named below
ra
2
ici Automobile Medical Payments Coverage: Designated Person Insured Designation of Automobiles—Divlsioo I
__ AUTO Nu.
1o' Uninsured/Underinsured Motorists Coverage: Designated Person Insured Insured Motor Vehicles
AUTO No.
1 _vie insurance arterded is only with respect to such of the fnucwmv_ coverages. and under eacn sucn Section D coverage to such covered automobiles oes:ripen in the
_,:nodule or Covered Automobiles. as are moicatee ov speciiic premium charge or charges The limit of the company s liability against each Such coverage shall be as statec
ierein. subject re all the terms of this insurance having reference thereto
SECTION j • COVERAGES UMITS OF UABILITY PREMIUMS • ,
I ACV means Actuar Cash Value Auto No 1 I Auto No 2 i
20 000 A A. Bodily Injury Liability * 1 S , each person
S 40,000 each occurrence S 714 S
B. Property Damage Liability it I S 15,000 each occurrence S
722 S
B . C. Automobile Medical Payments I S each person S S
CD Uninsured/Underinsured
C Motorists Coverage S 20,000 each person S S
Bodily Injury s 40.000 each occurrence 13
Property Damage s 15,000 each occurrence S 10 , S
E. Comprehensive (RATE) j Auto No. 1 (RATE) Auto No 2
ACV unless otherwise stated i I IS S
less deductible i 15 S S S
F. Collision
D ACV less deductible i I S S S S
G. Fire, Lightning or Transportation I
1
ACV unless otherwise staled + IS S $ S
H. Theft
ACV unless otherwise stated 4.I S S S S
I. Combined Additional
ACV unless otherwise stated ++ S S S S
J. Towing Sao for each disablement S S I
( Personal Injury Protection S 2 5nn per End. No. Attached 941 b s 49 S
Endorsement Identification TOTAL PREMIUM BY AUTO NO $ 1,508 S
TX0613 ,TX1069B,TX1097 Premium for Endorsements S f
TX1007 ,241b TOTAL POLICY PREMIUMS 1,508. 1
I
5 _r.ept with respect to Dallment lease.conditional sale. purchase agreement, mortgage or other encumbrance, the named insured is the sole owner of every vehicle describes
n Item 3 above. unless otherwise stated herein.
-
`J ,c
Cownterslgned. 6-10-87 Dallas,TX 8A4? ,c�,r/,1 >�i
Authoraz Representative
Foam NO 32-J454 THIS DECLARATIONS PACE;PART Bi WITH"POLICY PROVISIONS—PART A".AND ENDORSEMENTS. JDLdOS11O)-u-E
IF ANY. ISSUED TO FORM A PART THEREOF COMPLETES THE ABOVE NUMBERED POLICY. (REV 9-da1
*UNLESS A SPECIFIC PREMIUM CHARGE IS MADE FOR SECTION A COVERAGES, THIS POLICY DOES NOT PROVIDE BODILY INJURY OR PROPERTY DAMAGE
LIABILITY INSURANCE AND DOES NOT COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW.
•
FELTS, SKEELS, MULLENS & FUOS
• 750 N. St. Paul, Suite 520 Tel: (214)953-0707•Fax: (214)953-1487•TELEX 535212 SKEELS
Dallas, Texas 75201
BINDER NO: A87MP1191
DATE. 6l211/87 TO: Williams-Dwyer Co.
Drawer 270
ASSURED: LIFF1 INF CHRISTIAN CARE Wichita Falls, TX 76108
AMRIll ANICF_ INC..
5353 Maela Avp_ Stuffs 70A
()alias. Tevac 75735 ATTN: Frank la Wno tpr
THIS IS TO CERTIFY THAT THE FOLLOWING INSURANCE HAS BEEN EFFECTED FOR YOUR ACCOUNT SUBJECT TO THE TERMS AND
CONDITIONS CONTAINED HEREIN.
BINDER TERM: 6/18/87 to 8/18/87
COVERAGE. CGL/Ambulance Attendants E & 0
POLICY PERIOD: 6/18/87 to 6/18/88
LIMITS: $100,000 each claim/aggregate - defense costs included
within limits
FORM: Claims Made - Retroactive Date: 6/18/87
CONDITIONS. Includes 6 month discovery clause
Excludes: prior acts
THE ;K%�WITH AN SU •tN RCR NOT
IFi�i;;,'•i:Cf;D�T.i..' ,c
Lla;•.:n = . ._ . ,. ;1',U'rLUS LILIES
-
Ci.?i :..tit tl�t:u..•'l �J .:::•� 'yJUhn?lt,. SIit in S
;R,'IL 1.1t2_ Ir t2i5iiSl'.NCE CODE.REQUIRES
PAYMENT OF 3.85'ib TAX ON GROSS PREMIUM'
DEDUCTIBLE: $2. 500 Par claim incl LAE COMPANY: Admiral Insurance Co.
PREMIUM: $5,000_00
POLICY FEE: [FULLY EARNED) $150_00 INSPECTION FEE: --- TAX: $198_28
$2,200• MINIMUM EARNED APPUES:NO FLAT CANCELLATIONS ALLOWED.
This binder is based on cable and/or mail and/or telephone adv)ces from the above wwar(s)and is subject to policy conditions when,as and if issued and is issued by the
undersigned without any liability whatsoever as insurer,being solely tor the convenience of the insured and is to be automatically cancelled and superceded by the policy upon
issuance.
Cancellation This binder may be cancelled by either the insured or the insurer by wntten notice to the other.In the event of Ca Nation,the earned premium will be computed
short rate if cancelled by the insured unless subject to minimum premium ano pro rata if cancelled by the insurer. i7-,o:
IMPORTANT (- ZO-Ze
THIS INSURANCE CANNOT BE AUTHORIZED REPRESENTATIVE
CANCELLED FLAT. EARNED JS/jjs
PREMIUM MUST BE PAID FOR FELTS, SKEELS, MULLENS & FUOS
THE TIME INSURANCE HAS
BEEN IN FORCE.
APPLICATION FOR AUTOMOBILE LIABILITY INSURANCE
e wtee obe
4111:( PutAii `texasutomo6ile Insurance Plan
708 Cel n ie.Seize 404.404*ewe S- I•Aussie.Texas 78701.$12/477-s322
Checks Amount $
(FOR INSURANCE PLAN OFFICE USE ONLY)
IMF ORTANT—(1)This application must he submitted ie 4rprtcote member with this ep.apriws premiawt fur this ieswewce 441016441 fur.(2)Rem+fewce he she pnmirm mist
Ire eeyeW o.Iy to Twee Automobile leswewee Mew.(MN this eplicatioe is assigned to ee Mower eperahog wrier Ch.19,Times Itsstwewea Cede(Reciprocals),eplicewr accepts
ell firms required by law to he made with the State lewd el lwsuraace.
TICS A? UCATION MUST K MINTED OR TYPED.
ApplI fullnKonrtes Lifeline Christian Care Ambulance. Inc..treet.F.. 0. Box 35033 No.
No.
Dallas Dallas_ Texas 752_35 L214 ) 630-4555
City County State Zip Code Morse Telephone(Area Code) Business(Area Code)
2 _ Nc n-Fmer gent y Ambnlanr•p SPrvicP
Occupation Employers Name& Address
Spouse's Occupation
2a Is applicant a resident of Texas? YP c If not, give permanent home address
3 OPERATOR INFORMATION
Apdicont's former addresses post 3 years
fRelationship Principal driver Birth date Sea I Driver's
Applicant and other drivers to applicant No; Yes; Veh. No. Mot Day Yr M-F MIS•1 License No. State
APPLICANT f Applicant ; I I J
Conn i p C'on tey F1Pming V-Pres _ 1 ' x 1 107 ,01 52 IF 1 M ! 06126608 TX
Ffan l
T� y Michell Murray IV-Pies_ � : x T 2 �04 �06 j 68 I F I S I 01934088 TX
Larry James McVey ;Driver Lx H 3 i01 08 144 M S 101692222 TX�
•M!S=Mammal status. S=Single M=Monied W=Widowed D=Divorced Sep=Seporor
• DESCRIPTION& USE OF VEHICLE(s): This information must be furnished for each motor vehicle to be insured.
YEAR AND MAKE BODY TYPE V.I.N. STATE UC.PLT.NO. PP CLASSIFICATION
No. 1 1980 Chc.vrolt Type 1 Amhulanr-p 1 Tnn_ crW3'1AV157291_ TX 185-778
No. 2 1984 Ford XL Dpsipl Ambulance, 1FIIKF37111EKA9OO12 TX 59Ci SCT.
No. 3 1985 Ford XL Desiel Ambulance, 1FIIX_F37111.FXA7595R Tx 591 Sir.
No. 4
No S
Is vehicle registered in name of applicant?YPS If "No"give name and relationship
MOTE It application is for commercial vehicles, list the vehicle(s)above, complete oral otruch TAIP 1000 C for rating purposes.
S. Motor vehicles)will be principally ganged or kept in: W 1 i e Collin C o. 28 Texas County Territory State
If militay,give name of base and store
6. Named non-owner policy. Will the occupational, professional, or business duties other than driving to and from work require or involve the use of motor vehicles?
NO If"YES"state type of such vehicles .Give named non-owner premium classification Give name of insurance company
presently insuring vehicle
7 IMPORTANT.Is applicant or spouse required to file or maintain proof of financial responsibility(SR22)with any state? No If"YES"give the following information
in full: Name Relationship to Applicant
State Requiring SR-22 Give reason for suspension or required filing Dote occurred
T.D.PS. File Number
I- Is a filing rag-tired to comply with(a)Any other storey NO (b)Local ordinance? If"YES"list states and cities requiring such filings,and limits of liability
required by each
9 The applicant's present automobile liability policy on all vehicles listed in Item 4 terminates or will be cancelled on 12-16-8 7 Previous insurance
(Month)(Day)(Yea)
campa,yTrinity Universal Ins . C(�,k Na TC 6 13 34 90
TAIP 1000-Rev.7-1-86
•Ir.—w.r—j ,v, r+rr. • 'WIN, -0•010•11,rr. 110 . rv.• vr. a,rsrmrr"I1t •Vs VI' Pli IIV/V1VPIL.i
r,,, e„ ieme„t forma gaol of Poi<y No, _.1C---6.33490 issued to Lifeline Christian Care_ Ambulance
Inc .
by Trinity Universal Insurance Company • Oft ,n, ,may
(Nome of Insurance Company)
located (city and state) Dallas., -'�eXas_ -- and is effective frown .--_. -9-8-8?
(12:0) A.M. Standard Time)
(Tie iefenwahiM aims is required stay when tins tadsrsemseet is issued subsequent to preparation of the Policy.)
This endorsement forms a port of the policy to which attached, effective from its dote of issue unless otherwise stated herein
This endorsement modifies such insurance as is afforded by the provisions of the policy relating
to the following:
COMPREHENSIVE AUTOMOBILE UARIUTY INSURANCE
BASIC AUTOMOBILE UABIUTY INSURANCE
AUTOMOBILE MEDICAL PAYMENTS INSURANCE
PERSONAL INJURY PROTECTION
UNINSURED/UNDERINSURED MOTORISTS COVERAGE
AUTOMOBILE PHYSICAL DAMAGE INSURANCE (Fleet Automatic)
AUTOMOBILE PHYSICAL DAMAGE INSURANCE (Noe-Fleet)
In consideration of .... Additional . premium of S_.._.1`542.. .___ it is agreed that os of the effective dote
(Additional—Return)
hereof the policy is hereby amended in the following porticulors: ..Amending Clas.s. .on. unit.-.#1 to._79.13
no change in premium
Aatomo►il Added
Divisies I
To afford insurance with respect to the automobile described in this Division, subject to oll the terms of the policy except as
specifically amended herein:
Description of the Automobile and Facts Respecting its Purchase by the Named Insured.
Yesr of Trade Model Body Type; Truck Size; Teak Identification Number y; of Number of
Nome
Gsllenege Capacity; Bus et Serial Number
Morel Hae Seating Capacity Meter Number CCylinders
#2 1984 Ford XL Desiel Ambulp.nce 0012
#3 1985 Ford XL pesiel Ambulance 5958
Any loss under Coverages other then
List Actual Pwebtssd Rating Towing is psychic es interest may
Price Cost Symbol appear to the named insured and the
Me.&Yr.—New(N); Used(U) Lass Payee mimed below:
S S
The automobile will be principally garaged in the Town, County and State shown in the address of the insured in the policy.
unless otherwise stated herein _....._.--_-
The purposes for which the automobile is to be used are ?313—(3.00)
The following endorsements attached to this policy ore applicable to this endorsement-.
Divisisa II Automobile Eliminated
To discontinue insurance with respect to the automobile described in this Division:
beer ef Trade Nerve Morel Identification Serial Meter
Model Number Number Number
Division III
The insurance afforded for the added automobile is only with respect to such and so many of the following ccvcrcges as are
indicated by on additional or return premium or the words "no charge" in the premium column. The limit of the company's lia-
bility against each such coverage shall be as stored herein, subject to all of the terms of this policy having reference thereto
Y/R .586
PREMIUMS
COVERAGES LIMITS OF UABIUTY
2 Annual3 2 Additionel3 l Retire
S 20,000 each person r j
Bodily Injury Liability S 40,000 each occurrence i s621 621J5364 364 is
Property Damage Liability s 15,000 each occurrence 1 628 6281 368 368 ' _
Automobile Medical Payments S each person
Personal Injury Protection $ each person
2 .500 43 43 25 25
Uninsured/Underinsured Motorists Coverage + j
Bodily Injury $ 20,000 eoch person I i
s 40,000 each occurrence 13 13! 8 8
Property Damage . S 15,000 each occurrence I 10 10 6 6
Comprehensive Deductible
f S '
ACV
Collision S Deductible l j
Fire, Lightning and Transportation S '
Theft S
Windstorm, Hail,
Eorthauoke or Explosion b � ,
Combined Additional Coverage $
Towing S for each disablement
Special CFtarpt for ........._.. .. .........~ - ------ --` -�__,
os per endorsement attached ' �
Totals ,$ - 1$ 1, 42 is
Nets: If automobile is eliminated and no automobile is substituted therefor in Division I return premiums for the automobile
summated ore to be stated in the premiums column.
.y � ._. _ .
. .. . v ..vas mart rfDa t,VI I rlssignea KIs1C Pool
280 One La Costa • 1016 La Posodo Drive • Austin. Texas 78752 • (512) 458-9181
APPLICATION FOR INSURANCE (File in TRIPLICATE with Pool Manager)
Ti the above designated Peel: As an employer entitled in good faith to workers'
in-
surance ,n accordance with theComTexas hand erse Twat, the undersigned hereby such makes insurance
for such io
prm�sgrts of Article 5.76 u1 the Insurance Code of Texas. The undersigned recognises and agrees that htwrancs as is applied for
herewith, is subject to such rates. premium modifications and surcharges as are now or may hereafter be approved by the Texas Slate Board of Insurance. The under
signed further agrees that the Producer of Record hereto shown acts soleey as the agent of the undersigned and is not an agent of or for the Texas Workers' Compensation
Assigned Risk Pool or of the company assigned to issue and service such Mirada.
1. The Insurance herewith applied for has been tendered to and refected, this refection being a condition precedent to applying to the Pool for Insurance.
Name of rejecting Insurance Company Aetna Ca S It a 1 r y A c n r p r y C n _
Date of rejection 4-6-8 7 --
L Applicant's official Trade flame: Life 1 iIl e C h r i c t i a n far P A mh n 1 am P v _Tine
Wading address.5 3 5 3 Maple . S u i t e 200 D a 1 1 a c, T,gx a.s__ 75215
'elephone Number 6 3 0-0 0 0 8 area code 214 The street address, city and state where payroll books and records will be maintained for audit is
5353 Maple. Suite 200. Dallas . Texac 75235
3. A. Name of owner if individual
is coverage to be provided for the owner? O Yes [] No. If Yes, show classification code and remuneration in Item 6 below.
B. Names of partners and percentage ownership of each if partnership
Is coverage to be provided for the partners?a Yes o No. If yes, give name of each partner to be covered; also, show classification code and remuneration of each
in Item 6 below.
C. Name and title of executive officers, it a corporation and percentage of stock each owns plus the remaining distribution of stock to equal 100% Wa 1 ter C
Crocker III, President 51X:Con.nie 5,_ Fleming. V-Pres . 5�}Tiffany M. Murray-V-Pres
__
Is coverage to be provided for executive officers?)Q(yes u rho. If yes, check appropriate block to indicate basis of coverage desire 1. 0 Workers' Compensation is elected for all executive officers. Secretary 5 X;Joan Rae Murray,
;Julia Trea a Feria,
2)C.ZNVorkers' Compensation is elected for the following executive officers only: 3 4% of stock unsold surer 0 X;
Show names :,nd titles; also, show classification code and remuneration of each in Item G below.
_Cnnale_s_F1 emi ng - Ambr,lan.ce Servi.c-e=-Dio- tor T i f f an y M_ Mils r a y - Arab,�1 a_n_r -�-@sil-D i r Q c-tor - -7720
—
__ . a Seruir� - N.ot FuaPral Director - 7720
D. Name of trustee or administrator if trust or estate
NO WORKERS' COMPENSATION ACT COVERAGE WILL BE PROVIDED UNDER THE POLICY FOR INDIVIDUALS, PARTNERS, OR EXECUTIVE OFFICERS UNLESS REQUESTED
ABOVE AND ENDORSED ON POUCY.
location of all factories, shops. yards, buildings, premises or other work places of applicant, by town or city, with street and number
535� Ma
Detailed description of operations and number of employees at each location-
Non—EmPr gear y Transfer Ambulance Service — 5
IF MORE THAN ONE NAMED INSURED OR LOCATION,IDENTIFY CLASSIFICATIONS APPUCABLE TO EACH
. Code NOT Classification of Operations
7720 l Ambulance Service - Not Funeral No.Emp. Remuneration Rate Est Premium
Director 5_ A7 ,2 00. 00 5. 74 2 ,100 , 00
•
I _ • . .
I '
below name, code and remuneration of each individual OWNER. PARTNER or EXECUTIVE OFFICER to be covered.
7720 Connie S . Fleming
7720 Tiffany M. Murray
.xposure and each premium item shall be shown to the nearest dollar. counting
ruts and over as an extra A^nar. Loss Constant(it applicable)$
Premium S Expense Constant(if applicable)$ 85 . 00
2 , 10 8 . 04-- Minimum Premium $ 296 n O Total Est.Annual Premium s
NO U. S. LONGSHOREMEN'S AND HARBOR WORKERS' ACT COVERAGE WILL BE PROVIDED UNDER THE POLICY UNLESS REQUESTED AND ENDORSED ON P0OLLICY
U. S. Longshoremen's and Harbor Workers' Coverage requested. p Yes gh(ffo. Loading 96
NO COVERAGE WILL BE PROVIDED FOR EXPOSURES IN OTHER STATES. UNLESS THE ASSIGNED RISK POOL—SPECIAL ALL STATES ENDORSEMENT—TEXAS IS ATTACHED
TO THE POLICY AND THEN ONLY FOR INCIDENTAL EXPOSURES. Assigned Risk Pool—Special MI States Endor ement—Teltas is requested. 0 Yes Jac No
tIMUM DEPOSIT PREMIUM REQUIRED: (Not to be less than the MINIMUM PREMIUM.)
'% of Estimated Annual Premium on Risks under $500.00. Interim reporting may be required due to the nature of the risk.
6 of Estimated Annual Premium on$ of Estimated Annual Premium on Risks between $500.00 and $1.000.00 Semi-Annual reporting usually required.
b of Estimated Annual Premium on Risksf between over. d Monthly reportingreporting usually required.
po g required.
;ilk Rev.) 1145 (Continued on reverse side)
AMENDMENT TO CONTRACT FOR PROVISION OF
ADVANCED LIFE SUPPORT AMBULANCE SERVICE
WHEREAS, the City of Wylie, Texas ("City"), and Lifeline Christian Care
Ambulances, Inc. ("Lifeline"), entered into a contract for provision of advanced life
support ambulance service on December 14, 1987; and •
WHEREAS, that contract automatically terminated on or about February 3, 1989,
upon the termination of the medical control contract between Lifeline and Methodist
Hospital of Dallas; and
WHEREAS, the +parties wish to amend the original contract and continue such
service under the contract as amended hereby;
NOW, THEREFORE, in consideration of the premises and the mutual promises and
obligations of the parties as recited herein, the City and Lifeline agree as follows:
1. That except as amended hereby, all the provisions of the contract for
provision of advanced life support ambulance service entered into between the parties
on December 14, 1987, are hereby ratified and continued in full force and effect unless
hereafter terminated as provided herein.
2. Lifeline agrees to abide by all the requirements and standards of the
Emergency Medical Services Act, Article 4447o, Vernon's Texas Civil Statutes, as
amended, insofar as the same is applicable to advanced life support ambulance services
to be provided by Lifeline to the City under the provisions of this contract, as amended.
3. Lifeline agrees to permit a full inspection of all equipment, trucks, and
facilities presently used in its operations on behalf of the City by the appropriate
officer of the Texas Department of Health, such inspection being presently scheduled
for March 8, 1989, at 112 South Ballard, Wylie, Texas.
4. Lifeline agrees to abide by the terms of a letter of agreement entered
into between it and Methodist Hospitals of Dallas on February 21, 1989, including, but
not limited to, the obligation to pay Methodist Hospitals of Dallas, EMS Resources, the
full amount of fees due for the provision of the medical control services to Lifeline.
5. Lifeline agrees to abide by the applicable rules of the Texas Department
of Health with regard to medical direction/supervision of pre-hospital care and advanced
life support vehicle requirements, together with the medical control protocols promulgated
by Methodist Hospital of Dallas at all times when rendering basic or advanced life
support service.
6. Paragraph 6A of the contract is amended to provide that in the event
Lifeline fails to meet any of the provisions of the contract, as amended, it may be
terminated upon ten (10) days' written notice from the City to Lifeline unless Lifeline
can, within such ten (10) days, correct such failure to the satisfaction of the City and
the City so acknowledges its satisfaction in writing.
7. The Lease Agreement between Lifeline and the City for the City's premises
at the old police/fire station at 112 South Ballard is amended to provide that Lifeline
will reserve one (1) stall for a fire truck and and will during the remainder of the term
of the contract be responsible for all utilities to the building and general routine
maintenance of the building.
8. That Paragraph 4A(8) of the contract is amended to add the requirement
that Lifeline furnish monthly financial and operations statements to the City by the
15th of the month following each month of operation, said financial statements to
consist of a profit and loss statement and balance sheet, together with cumulative
figures to that point of the year, and such operation statements to include the number
of runs, patients, response times, and other data from September 30 of the preceding
year to the date of the report.
9. The City agrees to continue to pay the subsidy heretofore agreed to in
the sum of Forty Thousand Dollars ($40,000.00) for the year ending December 31, 1989,
payable in equal monthly installments, unless sooner terminated, in which event such
monthly payment will be prorated to the date of termination and any excess refunded
to the City by Lifeline.
This Amendment is entered into and executed in duplicate originals by the parties
hereto on the NM day of0i4 , 1989.
oli Fume ,,, CITY WYL -XAS
Yc<< B .
4 V Mayor
SEAL = ATTES
E ,--,Lf)0
ecretary
LIFELINE CHRISTIAN CARE AMBULANCES, INC.
By:
Presiden
ATTEST:
&,f‘
Secretary
MEMORANDUM
DATE: August 30 , 1990
TO: Mayor and City Council
FROM: Bill Dashner , City Managep. / ,,a.i
RE: Discuss and Consider Authorizing Competitive
Proposals for Worker ' s Compensation Coverage
for City Employees.
The new premium costs for FY91 from the Texas Municipal
League Risk Pool is $103,873 .00 . This figure for current
year is $88 ,382 .00 which is an increase of 17 .5% . In my
opinion this cost far exceeds what is justified for a 62
person work force especially since the City contracts out
some of the high risk areas. I believe the City should
solicit private insurance companies to cover this state
mandated coverage. With City Council authorization we will
solicit competitive proposals for the coverage that is
required by law. We will also solicit various options that
may be available to the City.
MEMORANDUM
DATE: September 4 , 1990
TO: Mayor and City Council
.4014,1,000.
FROM: Bill Dashner , City Manage
RE: Authorize Competitive Bid for Insurance
Coverage on City Owned Equipment
The present policy on City equipment expires in October .
This comprehensive insurance coverage covers all City
equipment not considered a vehicle such as cars and trucks .
This is figured as off-the-road Public Works equipment such
as tractors , backhoes, mowers, etc. The present premium
cost for this insurance coverage is $3 , 784 .00 annually.
Therefore, I am asking authorization to solicit competitve
bids for this insurance coverage to be brought back to the
City Council for awarding prior to expiration of current
coverage.
MEMORANDUM
DATE: September 5, 1990
TO: Mayor and City Council
FROM: Bill Dashner, City Manage 4 /I"
RE: Discuss and Consider Equipment that is needed on an
Ongoing basis for Street and Drainage Maintenance
and Control
At the present the City has serious problems in ongoing
street maintenance and drainage improvements and control .
There are several pieces of equipment that must be acquired
if the City is to do the job that has to be done. We do not
have the following equipment to control these problems.
1 . A GRADUAL for bar ditch and drainage ditch
clearance. Streets wear out when the water
has no place to go.
2 . A ROADGRADER is needed to properly repair streets .
A roaagrader and blade is needed to properly spread
asphalt and sub-base material when repairing
stretches of street . Potholes are treated
differently than large stretches of road that
have deteriorated .
3 . A BULLDOZER - In order to clear overgrown and
unmaintained drainage canals throughout the
City a bulldozer will be needed . It will be
impossible in my judgement to clear all drainage
canals such as Rush Creek without this equipment.
4. A SMALL FLAT BED DUMP TRUCK to get in and out of
drainage canals and low areas to haul off debris .
We have budgeted in the new budget $32,000 .00 for heavy
equipment. I believe on a lease purchase option all the
above equipment used could be obtained under a two and one-
half (2 1/2) year payout . Approximate cost $80 ,000 .00 .
MEMORANDUM
DATE: September 4 , 1990
TO: Mayor and City Council
FROM: Bill Dashner , City Manage 4
RE: Discuss and Consider Full mplementation of
All Impact Fee Ordinances .
According to City Attorneys and the attorney' s written
opinion the City of Wylie can now without any problems fully
collect all impact fees on all land platted prior to the
adoption of ordinance 90-10 which was June 26 , 1990 . All
this land and fees would fall under the old fee schedule
ordinances 87-40 and 84-12 . All land platted after June 26 ,
1990 would fall under the new impact fee schedule which was
ordinance 90-10 . With your authorization we will proceed
with all fees that are due and payable to the City of Wylie
under the provisions spelled out in the City Attorney' s
opinion. It is my understanding that the City Council has
been waiting on this ruling .
Attachment: Legal Opinion
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
ALFRED SALLINGER (Formerly Saner,Jack, Sallinger& Nichols) ROBERT D.HEMPHILL
LAWRENCE W.JACKSON Attorneys & Counselors at Law ROBERT E.HAGER
TIM KIRK 1800 Lincoln Plaza PETER G.SMITH
ROBERT L.DILLARD III JOHN PIERCE GRIFFIN
500 N. Akard DAVID M.BERMAN
ROBERT L.DILLARD.JR. Dallas,Texas 75201 JOHN F.ROEHM III
H.LOUIS NICHOLS (214)954-3333 BRUCE A.STOCKARD
OF COUNSEL Facsimile(214)954-3334
August 31, 1990
`cr!) ,
Mr. James Johnson ,,JUL
Finance Director �-
City of Wylie -._"
P. O. Box 428 --
Wylie, Texas 75098
Dear James:
At your request, I reviewed the provisions of Ordinance No.
90-10, Ordinance No. 84-12, and Ordinance No. 87-40.
Ordinance No. 90-10, the impact fee ordinance, was passed
pursuant to the requirements of Section 395 of the Texas Local
Government Code. Under Section 395.016(c) of the Code and Section
5b of the ordinance, an impact fee under the ordinance may not be
collected for a period of one year from the date of its adoption
for new development platted prior to the ordinance. However, under
Section 395.016(b) , the city may assess the impact fees adopted
before June 20, 1987, for land platted after that date and may
collect such impact fees for land platted before that date under
Subdivision (a) of Section 395.016. Furthermore, Section 8 of the
ordinance provides that it shall not operate to repeal or affect
any of the other ordinances of the city except insofar as they are
inconsistent with this ordinance (Ordinance No. 90-10) . Therefore,
an impact fee adopted before June 20, 1987, remains enforceable
under its own provisions through June 25, 1991. On that date, such
impact fees will be and become inconsistent and in conflict with
Ordinance No. 90-10 and will, at that time, no longer be effective.
Although Ordinance No. 84-12 is in slightly incorrect form, it
appears to be an ordinance imposing an impact fee. It is in
incorrect form for an ordinance since it starts "Be It Resolved .
" rather than "Be It Ordained . . . " Section 3 of the
ordinance imposes impact fees for the extension of water and sewer
services in the city. Equivalent residential units are defined in
Sections A and B. Fees of $225.00 and $275. 00 for sewer service
are imposed by Subsection C. Subsection D provides that fees are
to be paid on the issuance of a building permit or at the time of
service. Subsection F provides for additional or subsequent impact
fees due to higher volume usages. Subsection G provides that the
impact fees are to placed in a special fund for the improvement of
the systems as a result of the new development. Subsection H
Mr. Leland D. Nelson
August 31, 1990
Page 2
authorizes credits for other improvements installed by the property
owner.
Ordinance No. 87-40 amends Section G of Ordinance No. 84-12 so
as to specifically identify the fund and provide how it may be
used.
These ordinances of the city are presumed to be valid and
should be enforced in accordance with their terms until they have
been repealed or held by a court of competent juridiction to be
invalid for some reason. Although I have some concerns about
Ordinance No. 84-12, it is my understanding that both you and the
City Manager wish to enforce that ordinance, if possible.
Therefore, I recommend that you do so in accordance with its terms
through June 25, 1991. Remember, it only applies to subdivisions
platted before June 26, 1990. Subdivisions platted after that date
are subject to the provisions of Ordinance No. 90-10. This letter
is intended to discuss these three ordinances only and does not
include any opinion as to the lift station ordinances or other
ordinances of the city which might be classed as impact fee
ordinances.
Should you have any further questions on this subject, please
let me know.
Very truly yours,
SALLINGER, NICHOLS, JACKSON
K & DILLARD
By
Robert L. Dillard III
RLD/sb
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: BILL DASHNER, CITY MANAGE 44,6%° —
DATE: AUGUST 28 , 1990
REF: DISCUSS AND CONSIDER AMENDING FY91 BUDGET TO
FINANCE UNFUNDED LIABILITY FOR PAST AND PRESENT
MANAGEMENT PERSONNEL.
As discussed , there is a $166 ,000 unfunded liability for
past and present management personnel . These personnel were
exempt from the FSLA.
Adopted personnel policies capped comp time at four hundred
(400) hours . Since 1986 this policy has been ignored in
direct violation of adopted policy. After discussing this
with legal counsel , there are no easy options . I believe
City government has a legal responsibility to recognize a
four hundred (400) hour limit on each employee. All hours
accumulated beyond 400 were unathorized . This affects eight
(8) department heads .
A settlement of each of these employees and recognition of
400 hours would cost the City approximately $39 ,000 . By
taking this option, individual civil action is possible, so
you may want to consider amending the new budget to fund
these settlements as described . I need authorization for
these expenditures .
If something is not done now, the statute of limitations
will run out four (4) years from May 11 , 1986 when the first
incident occured . However , these dates will vary depending
on the case. In time, the statute of limitations will
eliminate all obligations . I think the employees should
receive up to 400 hours .
BD/bl
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: BILL DASHNER, CITY MANAG R •
DATE: AUGUST 24 , 1990
REF: DISCUSS AND CONSIDER UNFUNDED LIABILITY OF
ACCUMULATED COMPENSATORY TIME OF CITY EMPLOYEES
If recognized by the City Council as a legal obligation
under the Federal Labor Standards Act (FLSA) , the total
unfunded balance, as of July 31 , 1990 , is $168 ,134 .99 .
In my professional opinion, the City of Wylie has a legal
obligation of $2 ,146 .24 . The $2 ,146 .24 is for comp time to
employees that are covered by the Act . The $165,988 .75 is
for management personnel not covered by the Act . The FLSA
and the Garcia opinion out of San Antonio, a Supreme Court
case , determined that management personnel in a supervisory
capacity, controlling three or more people, are considered
management.
The City Council has a dilemma. They are as follows :
- 1 . Because of precedent and written policies , the
City Council has recognized comp time to
management personnel. Therefore, you have a moral
and ethical obligation to recognize it .
- 2 . It is questionable as to whether public funds can
be used to pay comp time not covered by federal
law.
- 3 . Allow all affected management personnel to use
comp time. This creates an operational problem
because all personnel are key personnel , i .e. , one
department head would have to take a year off .
- 4 . Direct the City Manager to negotiate fair and
equitable financial settlements and clear the
record of all comp time and immediately implement
a policy eliminating comp time completely for all
management personnel .
- 5 . Immediately implement a policy to stop all comp
time for management personnel and/or all
employees , regardless of the final resolution of
1 ., problem. __._ �, -
Attachment: Supporting document.
MEMORANDUM
TO: BILL DASHNER, CITY MANAGER
FROM: CAROLYN JONES, DIRECTOR OF PERSONNEL
REF: COMPENSATORY TIME
DATE: AUGUST 24 , 1990
Following is an account of comp time liability for the City
through July 31 , 1990 .
- 1 . CITY SECRETARY: D.O.H. 2/2/81
2391 . 00 hrs comp credit
475 .50 hrs . used
1915 .50 hrs . credit @ $15 .05 per hour
Value: $28 , 828 .28
- 2 DIRECTOR OF FINANCE: D.O.H. 7/29/85
4587 .725 hrs . credit*
101 .000 hrs. used
4496 .725 hrs . credit @ $20. 18 per hour
Value: $90,743 .91
*This figure includes 1000 hours estimated by J.J.
for 1988 that are undocumented . (184 .75 hours
documented Sep-Dec . 1988 .)
- 3 . LIBRARY DIRECTOR: D.O.H. 11/28/88
799 .5 hrs . credit
49 .5 hrs. used
750.0 hrs . credit @ $12 .75 per hour
Value: $9 ,562 .50
- 4 . ACCTG. SUPERVISOR/TAX ASSESSOR-COLLECTOR:
D.O.H. 5/2/83
606 .75 hrs . credit
74 .25 hrs . used
532 .50 hrs . credit @ $14 .88 per hour
Value: $7,923 .60
- 5 . CHIEF OF POLICE: D.O.H. 2/13/89
346 .125 hrs . credit
8 .000 hrs . used
338.125 hrs . credit @ $18 .78 per hour
Value: $6 ,349 .99
- 6 . PUBLIC WORKS SUPERINTENDENT: D.O. H. 9/16/85
1626.374 hrs . credit
217 .750 hrs. used
1408.625 hrs. credit @ 0.5 .4i per hour
Value: $21 ,791 .43
- 7 . CITY ENGINEER: D.O.H. 6/18/90
30 hrs . credit
8 hrs . used
22 hrs. credit @ $19 .375 per hour
Value: $426 .25
- 8 . CODE ENFORCEMENT OFFICER/BLDG OFFICIAL:
D.O.H. 1/9/90
33 hrs . credit
4 hrs . used
29 hrs . credit @ $12 .51 per hour
Value: $362 .79
TOTAL CITY LIABILITY (salaried personnel) : $165 ,988 .75
The following list is by department , including the number of
individuals represented in each total .
- 1 . POLICE DEPARTMENT:
Total value : $4 ,130 . 10
ten (10) indv . accts.
- 2 . PUBLIC WORKS:
Meter Readers : $ 150 .44
Water Dept . 1,243 .40
Sewer Dept . 118 .22
Fleet Maintenance 8 .03
Streets 14 .50
Animal Control 233 .16
Parks & Recreation 206 .44
Total $1 ,974.19
eleven (11) indv. accts.
3 MUNICIAPL COURT:
Total Value: $ 172 .05
one (1) indv. acct.
CITY' S TOTAL LIABILITY - COMP TIME:
$168,134 .99
We feel this figure is accurate as of July 31 , 1990 .
/bl
MEMORANDUM
DATE: September 5, 1990
TO: Mayor and City Council
FROM: Bill Dashner, City Manager ^' 4,f�.w4
/ jl
RE: Discuss and Consider Payment of Claim as a Part of
Wylie Service Center Investigation
Attached is claim in the amount of $824 .38 to Jones and
Neuse for necessary investigation on soil and ground water
at the service center site . With this payment the City will
have spent $31,000 .00 on the area of the litigation. We are
hopeful that this money will be recoverable.
Attachment: Claim and Supporting Documentation
COS`
MEMORANDUM
TO: BILL DASHNER, CITY MANAGER
FROM: JAMES JOHNSON, DIRECTOR OF FINANCE
DATE: SEPTEMBER 5, 1990
RE: AGENDA ITEM SEPTEMBER 11 , 1990
WYLIE SERVICE CENTER INVESTIGATION
DUNES do NEUSE - $824 . 38
Appropriation - $32 , 500 . 00
Account - Landfill Fund 72-700-721-02935
Expenditures to date - $30 , 206. 60
Scope: Council authorized (March 1990 ) investigation( soils
and groundwater) of Service Center by Jones and
Neuse, Environmental Engineers
Expenditure level after payment - $31 , 030 . 98
Investigation complete - report generated for City' s legal
counsel .
Z7
r„
riv\r7
J N
)ONES AND NEUSE, INC.
11811 IH-10 East, Suite 275 August 15, 199 -E� Iivo1Ce No. 328902-005
Houston, Texas 77029 713-450-1882 i I �� 2 3 •Wylie Service Center
Mr. James Johnson ( ___
Finance Director
City of Wylie
2000 Hwy 78N
Wylie, TX 75098
PM146
Period of Service: July 1, 1990 through July 31, 1990
Preparation of draft report to Shiply and Inhofe and discussion with attorneys
and city's representatives.
Task 1 -
Labor
Geologist IV 4 .750 hr @ $ 75.00/hr = 356.25
Clerk II 5.750 hr @ $ 30.00/hr = 172 . 50
528.75
Expenses
Mail/Shipping 5. 52
Telecommunications 11. 01
Reproduction 279. 10
295. 63
Labor
No Labor Costs Incurred This Billing Period
Expenses
Amount Due This Invoice $ 824. 38
PAYMENT OF THIS INVOICE IS DUE WITHIN 30 DAYS. AFTER 30 DAYS, INTEREST OF 1%
PER MONTH WILL BE APPLIED TO AMOUNT DUE.
TERMS:Net cash,due on receipt of invoice.Payable in Houston,Harris County,Texas
A 1%MONTHLY SERVICE CHARGE(12%per annum)WILL BE ADDED TO SUBSEQUENT STATEMENTS. PLEASE RETURN ONE COPY WITH PAYMENT.
MEMORANDUM
DATE: September 5 , 1990
TO: Mayor and City Council
FROM: Bill Dashner , City Manage ....
RE: Progress Report and Status of Sewer Line Project
MUDDY CREEK INTERCEPTOR
This project is approximately 80% complete on the
$745,374 .25 contract. Pay estimate #2 for work through
August 28 , 1990 has been submitted and is under review by
the Consulting Engineer and City Staff. Payment of the
claim is targeted for the second council meeting in
September.
During our testing of the line, 420 feet of 21" pipe failed
due to bad gaskets. This pipe will be replaced from Sta.
No. 114 + 76 ' to Sta. No. 118 + 96 ' . An additional joint
will be saw cut and repaired by sleeve.
A material change order may be required for substituting
steel cylinder pipe in lieu of PVC on the bore through the
dam.
Remaining work consists of:
a) The Tie-in of the South Fork Lift Station;
b) The Tie-in of the 8" line at Presidential Estates;
c) Construction of one Manhole on the 21" line.
PHASE II
As of 8/1/90 this portion of the sewer project was 86%
complete on the $905,513.98 contract. No new payment
requests have been received to date .
All pipe is in the ground, . Testing has been completed.
Punch lists and walk throughs have been accomplished on two
small segments of line.
The remaining work is to finish tying in the pipe to
manholes where required.
The contractor is targeting to be through by late November
on this segment.
•
C0 ?
MEMORANDUM
DATE: September 5 , 1990
TO : Mayor and City Council
FROM: Bill Dashner , City Manager
RE: Progress Report and Update on Brown Street
& McCreary Road Program
BROWN STREET
On August 23 , 1990 , the NTMWD Board authorized an easement
along Brown Street which completes the easement process .
TU Electric has the final plans and will begin relocations
as soon as possible.
Revised plans have been sent to the railroad and the permit
review process continues.
Final plans have been furnished to the Highway Department
for their final review.
McCREARY ROAD
On Thursday, August 30 , 1990 , Boyle Engineering provided
revised plans reflecting Collin County' s drainage changes
from pipe to open channel along the proposed road . These
changes will require the acquisition of drainage easements .
The existing easements are now being reviewed for proper
filing and the required new drainage easements will be drawn
up. Negotiations with the property owners will then need to
be accomplished.
gQ
MEMORANDUM
DATE: September 7 , 1990
TO: Mayor and City Council d
FROM: Bill Dashner, City Manager ' '—'
RE: Progress Report and Update on 1990 Street
Reconstruction Program, Financial Report
To Date and Authorize Change Order Number 1
To Accomodate Supplemental Cost of $6 ,029.63
The following report shows all of the receipted invoices
that the City has paid or payments that are classified as
pending . This should be all the bills that were received .
The following is a break out of all those costs which do not
include City force labor and other City incidental costs .
ASPHALT - GLEN THURMAN (BID #90-11)
$18 ,944 .00 Bid - with Hilltop to Park
(per sq.yd . )
(Glenn Thurman) 20 ,771 .10 X 3 .30 $68 ,544 .63*
(Based on Thurman Delivery Receipts) (pending)
9 .64% Over-run on Bid Contract
Tops -- 18 ,944 X 1 .15% = (21,785 max . sq. yd. or $71,890 .50)
(with 15% change order)
LIME (CHEMLIME) BID #90-10) $24,042 .36*
(paid)
319 tons billed to date (319 tons used)
500 tons - 37 ,665 max
$ 4 ,324 .90
(pending)
SIGNS (VULCAN SIGNS) $ 1 ,232 .67
(paid)
REEDER DISTRIBUTORS (BID #89-05) $ 799.57*
(paid)
(Diesel Fuel) $ 842 .28
(pending)
7
ATL LABS $ 2,500 .00*
(pending)
(Analysis)
Page 2
HELMBERGER & ASSOC. $ 1,200 .00*
(paid)
(Engineering)
$ 225 .00
(pending)
EQUIPMENT RENTAL (BID #90-12) $12,512 .33
(paid)
$ 8,517 .00
(pending)
DALLAS LITE & BARRICADE $ 528 .00
(paid)
$ 818.40
(pending)
CLARK TRANSPORT $ 222 .00
(paid)
(Bomag)
TOTAL (Accounts Payable Pending &
Encumbered) $ 85 ,772 .21
TOTAL (Paid to Date) $ 40,536 . 93
GRAND TOTAL $126,309 .14
Page 3
I know the City Council wanted to continue this project to
Stone Rd , however , that cannot be done. That would exceed
the 15% rule on change orders. The action that is needed is
to approve change order #1 authorizing the payment of the
difference between bid price and the completed contract work
price. If Hilltop is continued it will have to be under a
new bid contract . The following are Petromat costs :
$250 .00 a roll A roll is 12 1/2 feet by 360 feet.
Petromat should be used when you are putting overlay on a
concrete street .
MEMORANDUM
DATE: September 4 , 1990
TO: Mayor and City Council
4014,,41140.
FROM: Bill Dashner , City Manager
RE: Progress and Update on Rush Creek Lift Station
Improvements
The status of improvements to Rush Creek lift station are as
follows: Dug out berm edges. Installed drain from
retention pond to sump hole. Building up dirt so water will
drain back toward sump pit. Built up area from edge of road
to fence. Cut down tree for added visibility from road . So
far a total of 35 loads of dirt have been spread around and
inside Rush Creek lift station.
Work needed to complete consists of :
1 . Raise manholes inside fence.
2 . Build stack for gate valve and check valve on bypass
system and fabricate lid for same.
3 . Build up road near gate and close to wet well .
4 . Rock road to station from Stone Road to wet well .
5 . Set two new fence posts and raise fence to level .
6 . Backfill up to fence and around manholes and valve box .
Warranty work on pump for station should be completed this
week. Dirt work and improvements should be completed by the
end of September.
1 V
MEMORANDUM
DATE: September 4 , 1990
TO: Mayor and City Council
FROM: Bill Dashner , City Manager/
anager of
RE: Progress Report Update and Authorize Legal
Expenditures on Landfill Closure Program
The current state of the progress is a follows: Shipley &
Inhofe, attorneys representing the City in this case are
proceeding as instructed by the City Council at the most
recent meeting . We expect within the next week or so to
have the final report from the State. This report will
inform the City on the engineering that will have to be done
and the method of close on the landifll . There are two (2)
ways that we can expect to go . They are as follows :
1 . Treat the landfill as a regular muncipal landfill
and cap and seal .
2 . Treat the landfill as a toxic waste dump with
additional enviromental procedures and controls .
Attached is a claim for Shipley & Inhofe in the amount of
$5 , 825 .39 for work performed. I would ask your
authorization to pay this claim. I have attached the claim
and supporting documentation.
*' 08
CITY OF WYLIE
2000 HWY 78 N - P.O. BOX 428
WYLIE,TEXAS 75098
214-442-2236
MEMORANDUM
TO: Bill Dashner, City Manager
FROM: James Johnson, Finance Director
RE: Agenda Item - 09/11/90
Legal Expenses - Shipley & Inhofe
$5, 825 . 39
(Landfill Closure )
DATE: 09/03/90
The attached invoice is for legal expenses thru 07/31/90 for
and is in association with the closure of the landfill .
Prior to this expenditure - the City has incurred $14, 651 . 05
this fiscal year (9 prior invoices ) with firm on said
subject.
Recommend: Approval
SHIPLEY & INHOFE
ATTORNEYS AT LAW
3401 FIRST NATIONAL TOWER•TULSA.OKLAHOMA 74103
TELEPHONE IS1S1 582.1720
t HARltf W.iNIPL[Y
DOUGLAS L.INHOFE TELECOPIER 18181 584-7881
MARK i JENNINGS Q
f LAKE f CHAM►LIN r- �� ''1 1 ,`\
L[SLI[C RINN \1` ` QQv^�
JAMIE TAYLOR BOYD 1,, 03
�' \; �'\ po6 \ A
t'1 t� 1
\.
,1` \ Statement # 1143
City of Wylie '� _ _-�'"
Attn: James Johnson, Finance Director July 31, 1990
P.O. Box 428 238000-0001
Wylie, TX 75098
Page 1
Accounts Receivable Balance Forward $5,764.77
Payments Received $370.15-
Credits or Adjustments $0.00
Re: City Landfill
PROFESSIONAL SERVICES RENDERED
07/11/90 BKC conf w/CWS 0.25 26.25
07/11/90 CWS conf w/BKC re status and strategy 0. 25 38.75
07/13/90 BKC draft letter to D. Buchanan; conf w/JTB 0.25 26.25
and DLI re interview
07/13/90 DLI conf w/BKC (NO CHARGE) ** 0.25 38.75
07/13/90 JTB conf w/BKC (NO CHARGE) ** 0.25 20.00
07/16/90 BKC review report on Maintenance Center 1.00 105.00
07/17/90 BKC t/c w/D. Buchanan; review documents; 0. 50 52.50
draft letter to Buchanan
07/27/90 BKC conf w/CWS re CRI facility; revise 0.25 26.25
letter
07/27/90 CWS t/c w/BKC re report on maintenance 0.25 38.75
center
07/29/90 CWS review Jones & Neuse report and revise 0.50 77 .50
letter to Buchanan
07/30/90 DLI conf w/JTB re interview of Mr. Eubanks 0.25 38.75
(TWC) in Duncanville
07/30/90 JTB conf w/DLI (NO CHARGE) ** 0.25 20.00
ADJUSTMENT FOR "NO CHARGE" ITEMS 78.75-
Champlin, Blake K. 2.25 236.25
Shipley, Charles W. 1.00 155.00
Douglas L. Inhofe 0.50 38.75
Jamie T. Boyd 0.50 0.00
Total Hours 4.25
Continued
�7
City of Wylie Statement # 1143
Attn: James Johnson, Finance Director July 31, 1990
P.O. Box 428 238000-0001
Wylie, TX 75098
Page 2
PROFESSIONAL SERVICES RENDERED
Total For The Above Services 430.00
EXPENSES
07/31/90 Long Distance 0.77
Total Expenses 0.77
Total Statement $430.77
TOTAL AMOUNT DUE $5,825.39
This statement may not contain all costs
incurred for which we have not yet
been billed.
f7
MEMORANDUM
DATE: August 31, 1990
TO: Mayor and City Council �/►�
Dashner, CityMana �r
FROM: Bill er �YB�9
RE: Discuss and Consider Building Code as it Applies to
Wood Trusses
Attached is a report pointing out the pertinent facts on
this issue. The Director of Community Development has made
his recommendations in number six (6) . The City Council may
want to reter this item to the Building Trades Committee.
Attachment: Report on Wood Trusses
MEMORANDUM
TO: Bill Dashner ,, City Manager
FROM: Ed Richie , Dir . of Community Dev . & Planning
SUBJECT: Wood Truss Construction
DATE: August 30 , 1990
The following is a review of the wood truss problem .
i . Ordinance 88-28 adopts the "Uniform Building Code" with
amendments requiring all ceiling joists shall have a minimum
nominal dimension of 2 inches by 6 inches and shall have a
maximum spacing of 16 inches on centers .
2 . Ordinance 89-21 amends Ordinance 88-28 to read "( 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 .
3 . In January 1990 . Council approved the repeal of Ordinance
89-21 . ( At the same meeting , they tabled amendments to
Ordinance 88-28 . )
4 . From a structural view , trusses are designed to span
longer distances and this is not a problem as long as the
truss company provides verification of engineering and
inspections . Although , there have been numerous incidents
where homeowners wishing to use attic space for storage have
removed parts of the truss thus destroying its ability to
work .
5 . The placement of trusses on 24" centers does cause
numerous difficulties . Our Code requies all studs be placed
on 16" centers . Trusses cannot be placed on 24" centers
while the load bearing wall they are resting on is 16" on
center . In addition , studs on 24" centers have problems with
sheetrock , exterior siding and stud grades .
6 . It is my recommendation , that if trusses are allowed ,
they continue to be required on 16" centers in light frame
construction and proper engineering specifications and
inspection reports be submitted when permitting .
7 . The Fire Department had additional concerns in regard to
the burn time of trusses .
MEMORANDUM
DATE: August 31 , 1990
TO: Mayor and City Council
♦�`
FROM: Bill Dashner, City Manager . shim*
RE: Discuss and Consider Appoi tment of Construction
Code Board
It is my understanding that the various fees and charges for
construction permits and inspections has not been updated
for some time now. This Board was active in the past but
has not been active in several years. The Director of
Community Development tells me that all the City' s fee
structure should be updated, therefore, I am recommending
that the City Council appoint a seven (7) member Board
to work with the Director of Community Development and go
over all the various building permits and inspection
charges. Now is a good time to do this prior to the next
building boom. After this Board develops recommendations ,
they will be brought back to the City Council for
consideration. I would recommend that this Board consist of
seven (7) members.
Attachment: Ordinance that created the original Board
MEMORANDUM
TO: Bill Dashner , City Manager
FROM: 6 /Ed Richie , Dir . of Community Dev . & Planning
SUBJECT: Construction Code Board
Date: September 4 , 1990
The Construction Code Board has not been active recently and
according to the most recent list of Board members , all
terms are expired .
I would like to have Council consider appointing this board
for review of building codes and appeals . They could be
helpful to Council on the upcoming truss question and the
review and adoption of the 1991 Uniform Codes next year .
I have attached a copy of Ordinance 84-11 creating the
Construction Board . The Ordinance needs to be updated . We
are presently operating under the 1988 Uniform Building Code
which does not have a Board of Adjustment and Appeals . It is
called the Board of Appeals .
►********.•**********************************************************************************************************4**********
BOARD & TITLE NAME SPOUSE ADDRESS P.O. BOX HM. PHONE WK. PHONE DATE APPT. 1ERM EXP.
M******************************************************************************************************* **Q*'******* 1y *N***
INSTRUCTION CODE 442-1041 442-3544 JULY 88 JULY 90
CHAIRMAN KEVIN ST. JOHN PAM 304 BRIARWOOD 90
MEMBER JOHN SEELEY 600 VALENTINE 372 442-3898 680-0602 JULY 88 88 JULY
MEMBER Y
� FRANK SPINGOLA MARY LOU RUSTIC PL. 442-6909
MEMBER RAYMOND SWEENEY 101 RUSHCREEK DR. 442-1469 MARCH 86 JUL:: 90
Mt
MIKE WORTHINGTON 113 SPENCE DR. 442-3283 MARCH 86 JULY 89
MEMBER DEREK AMMERMAN JAN 102 FAIRMONT 483 442-6338 442-2242 JULYMYA 87 JULY 89
87 JULY 89
MEMBER MARK ST�ORD 418 ELLOIT ST. 442-7206
MEMBER KEVIN ALTIMIER
510 RUSTIC PLACE 442-7397 JULY 88 JULY 89
IBRARY BOARD 406 BRIARWOO�D 442-2413 APRIL 83 JULY 90
CHAIRMAN MARY JO SMITH MEMBER SHIRLEY BURNETT 327 S. FOURTH 442-5767 JULY 90 JULY 92
442-5444 JULY 88 JG['t 92
MEMBER BETTY STEPHENS DAVID 1006 FOXWOOD LANE 442-442-1874220 NOV.ULY 88 JUIN 912
MEMBER CATHIE UPSHAW 101 N. FIRST JULY 90 JULY 92
RETHA TIBBALS HARRY 407 HILLTOP 442-5795
MEMBER MEMBER JAN MORGAN 306 DOGWOOD CT. 442-2794 JULY 89 JULY 91 MEMBER BARBARA JENNINGS RICHARD 501 GASTON DR. NORTH 442-0102 JULY 89 JULY 91
LU ITT STAFF 401 FEEDING 11907 442-7579 442-2236 JULY 90
CITY MANAGER BILL DASHNER 1504 ANCHOR DR. 825 442-3776 442-2236 MAY 81
CITY & EN CAROLYN BEAVERSJONES 2111 CORNELL, RICHARSON 690-8656 442-2236 JUNE 90
PUB. WKS. & KS. DONNE WHITE 401 FLEMMING *601 442-7056 442-7588 MAY 87
SUPT. PUB.DIR. A 1404 WYNDHAM 442-5186 442-2236 JULY 85
FINANCE JADES JOHNSON 1309 IROQUOIS DR. GARLAND 271-0735 442-2236 JAN. 90
CODE ENE. OFF. ED RICHIE 3432 SACHSE RD. 530-6635 442-7566 NOV. 88
LIBRARY DIR. ROSANNE BURGESS CHIEF OF POLICE JADES GILlrIORE 123 FAIRMONT 442-5077 442-2222 FEB. 89
ORDINANCE NO. 84-11
AN ORDINANCE CREATING THE CONSTRUCTION CODE
BOARD: SETTING FORTH THE POWERS AND DUTIES
OF THE BOARD: PROVIDING FOR PUBLICATION:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
SECTION 1 : This ordinance shall be known as "Construction Code
Board Ordinance" .
SECTION 1-1 : CONSTRUCTION CODE BOARD CREATED:
There is hereby created the Construction Code Board (hereafter called
Board) consisting of seven (7) persons who shall be appointed by the
City Council . Said Board shall replace but retain the authorities
granted the Board of Adjustments and appeals in the 1982 Uniform
Building Code as adopted. Save and except Section 111 of said
Building Code.
SECTION 1-2: QUALIFICATIONS: Persons who serve on the Board as
members shall be qualified as follows:
(a. ) One designated member who shall be taxpaying
resident elector of the City.
(b. ) Two designated members shall be taxpaying resident
building contractors,
(c. ) Two designated members shall be taxpaying resident
Plumbers
(d. ) Two designated members shall be taxpaying resident
electricians (one Masters & one Journeyman) .
(e. ) One designated staff member to act as secretary of
the board.
(f. ) Staff representative will be the City Building Official
(g. ) In the event that volunteer members in the (b) , (c) , or
(d) categories are not available one of the two
designated tradesmen may be replaced with a member in
the (a) category.
SECTION 1-3: TENURE OF OFFICE: Three (3) members of the Board shall
be appointed for the balance of the calendar year. Four (4) members of the
Board shall be appointed for the balance of the calendar year following the
date of adoption of this ordinance plus one full year. After the expiration
of the terms of the first appointees members shall continue until their
successor is appointed. Any member of the Board may be removed by the City
Council for cause. Vacancies within the Board shall be filled by appointment
for the unexpired term.