03-14-2000 (City Council) Agenda Packet NOTICE OF MEETING
Wylie City Council Agenda
Tuesday, March 14, 2000
.P/*Itt
7:00 p.m.
Wylie Municipal Complex-Council Chambers
2000 State Highway 78 North
Wylie,Texas 75098
Item No. Agenda Item Action Taken
Call to Order
Invocation & Pledge of Allegiance
Citizens Participation
Consent Agenda
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be
enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that
item will be removed from the consent agenda and will be considered separately.
A. Approval of the Minutes from the February 22,2000 Regular Meeting.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Consider and act upon approval of a Resolution amending the current investment policy as required
by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A -
Authorized Investments for Governmental Entities.
2. Consider and act upon approval of an ordinance amending Ordinance Nos. 92-6,96-14 and 96-22
of the City of Wylie,Texas in regard to regulations for the disposal of sewage and the use of public
sewers in Wylie;regulating the discharge of hazardous metals and chemical or toxic substances into
the sanitary sewer of the City of Wylie,Texas.
Work Session
+ Discussion of the Marketing of the Direct Alarm Monitoring Program
+ Water Systems Update
Executive Session
In accordance with Chapter 551,Government Code,Vernon's Texas Codes Annotated(Open Meeting Law).
Section 551.074 Personnel Matters; to deliberate the appointment of an interim City Manager.
Reconvene into,Open Meeting
Take any action as a result of Executive Session.
Adjournment.
In addition to specifically identified Executive Sessions, Council may convene into Executive Session at any point
during the open meeting to discuss any item posted on this agenda. Specific sections of the Open Meetings Act will
be identified and announced should Council elect to convene into Exe "ve Session.
I certify that this Notice of Meeting was posted on this the/0 day ,WPODat 5:00 p.m.as
requ ylaw7 cordance with Section 551.042 of the Texas Government Code and appropriate news media contacted.
t' Date Notice Removed
/ Vyli Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled
(- a endees. Must be requested 48 hours in advance gy contacting the City Secretary's Office at 972/442-8100 or
TDD 972/442-8170.
MINUTES
Wylie City Council
Tuesday, February 22, 2000 - 7:00 p.m.
Wylie Municipal Complex-Staff Conference Room
2000 State Highway 78 North,Wylie Texas
Call to Order
Mayor Mondy called the City Council Work Session to order,Tuesday,February 22, 2000 at 7:00 p.m. with the
following Councilmembers present: Reta Allen, J.C.Worley, Merrill Young and Chris Trout. Councilmember
Scott was absent. Place 3,is vacant due to the resignation of Councilman Jim Swartz.
Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant City Manager; Brady
Snellgrove,Finance Director; Tobin Maples,Planning Director and Barbara Salinas,City Secretary.
Invocation& Pledge of Allegiance
Reverend Kirk Taylor of the First Baptist Church in Murphy was present to give the invocation.
Proclamations & Presentations
+Recognition of Firefighter Brent Kemp as VFW Fireman of the Year for 1999-2000.
Mr.Roger Tedlock,Commander of VFW Post 2195 was present to honor Firefighter Brent Kemp as the VFW Fireman of
the Year for 1999-2000. Firefighter Kemp will be honored at the VFW State Convention on June 23 in Dallas.
♦Recognition of WISD Teachers of the Year Nominees
Ms.Betty Stephens,Wylie Independent School District Community Relations Director was present and introduced all WISD
campus teachers of the year. Present were the following:Ms.Leigh Spillyards,Wylie High School;Ms.Margaret Clayton,
Wylie Junior High; Mr. Danny Poellot, Wylie Intermediate School; Ms. Tammy Stone, Akin Elementary; Ms.Doris
Creaghead,Birmingham Elementary;Ms. Sherry Betts,Dodd Elementary and Ms. Shannon Souddress,Hartman Elementary.
Ms. Stephens also noted that Ms. Spillyards was selected to represent Wylie the WISD Teacher of the Year.
♦Proclamation of"Texas Public Schools Week"March 6-10,2000.
Ms.Betty Stephens introduced several students from WISD campuses to accept the Proclamation for Texas Public School
Week. She noted that the students were selected as a part of the Character Education Program. Present to accept the
proclamation were the following students:D.J.Nelson,Akin Elementary,Chance Dyson,Birmingham Elementary;Ms.
Soobin Martinez,Dodd Elementary;Cassie Davis and Aaron Long,Wylie High School;Jason Holder and Kelly Moore
Wylie Intermediate School and Amanda Peacock of the Wylie Intermediate School. Also selected but unable to attend was
Katheryn Jacks of Hartman Elementary.
♦Proclamation of March as Red Cross Month
Ms.Leslie Brown of the American Red Cross was present to accept the Proclamation as read by Mayor Pro-Tem Worley.
Wylie Committee Members present were,Mr.Ray Mullins,Ms.Betty Stephens,Lt.Jeff Scribner and Barbara Salinas.
♦Presentation by Mr.Greg Huckaby,TXU Electric Company.
Mr. Greg Huckaby, Manager, TXU Electric and Gas was present to provide information regarding Item No. I on this
evenings agenda. Mr. Huckaby described the intent of the request from Council as well as Senate Bill 7 with regard to
deregulation.
Wylie City Council Minutes
February 22,2000
Page 1
Citizens Participation
The Mayor asked that the record reflect that no one came forward.
Consent Agenda
A. Approval of the Minutes from the Regular Meetings of January 25,2000 and February 8,2000
and February 1,2000 Worksession.
Councilwoman Allen asked for a correction to the Minutes of February 8,2000 within the first paragraph under
Proclamations and Presentation. Change spelling from Monday to Mondy. With this correction Councilwoman
Allen made a motion to approve the minutes from the regular meeting of January 25,February 8 and the February
1 Work Session. Councilman Young seconded the motion. A vote was taken and the motion passed, 5-0.
Councilman Scott absent. Place 3 vacant.
ITEMS FOR INDIVIDUAL CONSIDERATION
1 Consider and act upon approval of a request from TXU Electric to accept the Tariff Filing
pursuant to Substantive Rule 25.241,with revisions effective March 1,2000.
Mr.Greg Huckaby,Manager of TXU Electric and Gas addressed Council to formally ask their consideration in
acceptance of the Tariff Filing pursuant to substantive Rule 25.241. Mr. Huckaby stated that the Tariff filing
does not propose to increase or decrease any existing charge or rate and that TXU Electric does not anticipate
any change in revenues as a result of this proposed tariff revision. He further clarified that the purpose of this
filing is to modify,close or delete certain existing tariffs in order to facilitate the transition to a competitive retail
market as of January 1,2002,pursuant to Senate Bill 7,passed during the 1999 Texas Legislature.
Councilman Trout made a motion to approve the request from TXU Electric to accept the Tariff Filing pursuant
to Substantive Rule 25.241,with revisions effective March 1,2000. Councilman Worley seconded the motion.
A vote was taken and the motion was approved 4-1, Councilman Young voting in opposition; Councilman Scott
absent,Place 3 vacant.
Elections
2. Consider and Act upon official acceptance of the resignation of Mr.Jim Swartz,Council Place 3.
Councilman Worley made a motion to accept the resignation of Mr. Jim Swartz,Council Place 3. Councilwoman
Allen seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Scott absent; Place 3
vacant.
3. Consider and act upon approval of a Resolution ordering a Special Election for the purpose of
filing the Place 3 vacancy,to be held in conjunction with the May 6, 2000 General Municipal
Election.
Councilman Worley made a motion to approve the Resolution ordering a Special Election for the purpose of
filing the Place 3 vacancy, to be held in conjunction with the May 6, 2000 General Municipal Election.
Councilman Trout seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Scott absent,
Place 3 vacant.
Wylie City Council Minutes
February 22,2000
Page 2
Public Hearings
4. Hold a public hearing to consider and act upon a request from Cascade Companies.L.L.C.,for approval
of a zone change from MF(Multi-Family); and B-1(Business)to PD(Planned Development)for a master
planned single family neighborhood for the property generally located along the east side of FM 1378 just
north of the Newport Harbor Development and being all of a certain 50.576 acre tract out of the James
McUlmury Survey,Abstract No.629,and the WM.Burnett Survey,Abstract No.56,City of Wylie,Collin
County,Texas. ZC99-14
This item was tabled at the February 8,2000 regular meeting of the Wylie City Council. Councilman Worley made a motion
to remove Item 4 from the table. Councilman Trout seconded the motion. A vote was taken and the motion passed,5-0.
The developer,Mr. Randy Nolan,Cascade Companies was present to address Council and advise of changes made since
the last meeting. Mr. Nolan address Council concerns regarding lot size. He stated that 72%of the lots are over 8,500
square feet and that the average lot size is 10,600 square feet. He addressed the concerns of the Newport Harbor residents
with regard to the B-1 use and listed the various allowed uses under this zoning. He stated that a hiking trail was eliminated
out of concern for safety and that the existing trail would be concrete. He stated that additional access was added, off street
parking (14 spaces) for the park area was provided and they have increased the easement to 50 feet. With regard to
maintenance,Mr.Nolan stated that any item deemed as an amenity would be maintained by the Home Owners Association
and that drainage system issues such as accommodations to growth and changes to park infrastructure would be the
responsibility of the city.
Council expressed concerns regarding the water supply. Mr.Nolan stated that they would be testing this summer and fall
with regard to fire safety flow requirements. Councilman Worley expressed concerns with the specification regarding the
weight of shingles,listed as 180. He asked that this be amended to 235 to which Mr.Nolan agreed.
Mr.Dubb Douphrate,Engineer from Douphrate and Associates,was present and provided Council with a brief explanation
of the drainage plan. With regard to erosion concerns,Mr.Douphrate explained that the system would allow only one-half
of what is discharged today.
The Mayor then opened the public hearing asking that anyone wishing to speak either in favor of or in opposition of the zone
change request to come forward,stating their name and address for the record and limiting their comments to three minutes.
Katherine Butschek- 1755 F.M. 1378
Ms.Butschek expressed concerns regarding the park area and the original use as Estate Lots set forth in the Comprehensive
Plan. She was concerned of the value of the homes compared to those in the surrounding developments,restroom facilities
in the park area,burden of taxpayers to fund future sidewalks and landscaping on F.M. 1378,the current problems with
water supply and pressure,and what could happen to the ponds with a heavy rain. She concluded by stating that she felt that
this area should be developed as estates lots as the comprehensive plan shows.
Mr.Brent Volks,Anchor Drive
Mr. Volks expressed his concerns with traffic congestion and school overcrowding that apartments would bring. He
concluded by stating that he was in favor of the zone change.
Ms. Julie Schmader,Anchor Drive
Ms.Schmader expressed concerns regarding sidewalks along F.M. 1378 and the need to set up an escrow account to fund
future sidewalks. She also expressed concerns regarding water supply and pressure problems encouraging summer testing
for flow out of fire safety concerns. She also expressed her concerns that she felt she shared with Councilman Scott with
regard to lot size and following the comprehensive plan. She had concerns with street width,access and HOA maintenance
of the ponds,concluding that she hoped that all of the Planning and Zoning Commission concerns were addressed.
The Mayor then closed the public hearing.
Wylie City Council Minutes
February 22,2000
Page 3
Councilman Worley made a motion to approve the request from Cascade Companies.L.L.C.,for approval of a zone change
from MF(Multi-Family);and B-1 (Business)to PD(Planned Development)for a master planned single family neighborhood
for the property generally located along the east side of FM 1378 just north of the Newport Harbor Development and being
all of a certain 50.576 acre tract out of the James McUlmury Survey,Abstract No. 629, and the WM. Burnett Survey,
Abstract No. 56,City of Wylie,Collin County,Texas with the stipulation that an escrow account be established for future
development of sidewalks as set forth with previous developers and the amendment to the roofmg specifications with regard
to changing shingle weight from 180 to 235. Councilman Trout seconded the motion. A vote was taken and the motion
passed,5-0. Councilman Scott absent. Place 3 vacant.
5. Hold a public hearing and act upon a fmal plat for the Rush Creek Estates Phase II, 3rd Revision
Addition,proposed by Jackson &Associates Land Surveyors,Incorporated for the property generally
located along the north side of Rush Creek Drive between John Akin and Pine Ridge,and being all of a
Lots 14 and 15,Block A,of the Rush Creek Estates Phase II,City of Wylie,Collin County,Texas.
The Mayor opened the public hearing and asked that anyone wishing to speak either in favor of or opposition of the fmal Plat
to come forward, stating their name and address for the record and limiting their comments to three minutes. With no
response the Mayor then closed the public hearing.
Councilman Trout made a motion to approve the fmal plat for the Rush Creek Estates Phase II, 3rd Revision Addition,
proposed by Jackson&Associates Land Surveyors,Incorporated for the property generally located along the north side of
Rush Creek Drive between John Akin and Pine Ridge,and being all of a Lots 14 and 15,Block A,of the Rush Creek Estates
Phase II,City of Wylie,Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion
passed,5-0. Councilman Scott absent. Place 3 vacant.
Final Plat
6. Consider and act upon a Final Plat for the Phase II of the Lakeside Estates Addition,proposed by Carter
&Burgess for the property generally located at the northeast corner of FM544 and Springwell Parkway
along the north side of the railroad,and being all of a certain 28.770 acre tract out of the Moses Sparks
Survey,Abstract No.849,City of Wylie,Collin County,Texas.
Councilman Trout made a motion to approve the Final Plat for the Phase II of the Lakeside Estates Addition,proposed by
Carter&Burgess for the property generally located at the northeast corner of FM544 and Springwell Parkway along the
north side of the railroad,and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No. 849,City
of Wylie,Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,5-0.
Councilman Scott absent,Place 3 vacant.
Final Payments
7. Consider and act upon final acceptance of the construction 30" sewer relocation, and authorize final
payment to Mid-Continent Excavation in the amount of$37,426.30 and accept the project as complete.
Councilman Worley made a motion to approve final acceptance of the construction 30"sewer relocation,and authorize final
payment to Mid-Continent Excavation in the amount of$37,426.30 and accept the project as complete. Councilman Trout
seconded the motion. A vote was taken and the motion passed,5-0. Councilman Scott absent,Place 3 vacant.
8. Consider and act upon final payment to Randall & Blake Inc., in the amount of$33,320.35 for the
completion of Phase I of Founder's Park.
This item was tabled at the February 8,2000 meeting. Councilman Young made a motion to remove this item from the table.
Councilman Worley seconded the motion. A vote was taken and the motion passed 5-0. Councilman Scott absent,Place
3 vacant.
Wylie City Council Minutes
February 22,2000
Page 4
Ms.Mindy Manson,Assistant City Manager provided Council with a brief history of this item. There was some discussion
among Council with regard to the cracking in the batting cage area. Ms.Manson stated that the Inspector from the Hogan
Corporation did inspect this area and stated that this cracking did not effect the strength of the concrete. Some work was
done to eliminate some of the cracking. The Mayor asked that we revisit this area before the 90 day warranty expires and
see if it is acceptable. He also noted that city staff needs to appoint appropriate personnel to ensure that work is inspected
before warranties expire and establish a procedure to track those expiration dates.
Councilman Young made a motion to approve final payment to Randall&Blake Inc.,in the amount of$33,320.35 for the
completion of Phase I of Founder's Park,with the stipulation to retain$5,000 to reseed. Councilman Trout seconded the
motion. A vote was taken and the motion passed 5-0. Councilman Scott absent,Place 3 vacant.
Contracts&Bids
9. Consider and act upon authorizing the City Manager to enter into a contract with R.J.Enterprise for the
operation of the concession stand at Community Park.
Ms. Mindy Manson,Assistant City Manager addressed this item. She provided Council with a brief history of this item
stating that this contract is identical to the previous with the exception of some menu changes as suggested by the Parks
Board.
Councilman Trout made a motion to approve the authorization of the City Manager to enter into a contract with R.J.
Enterprise for the operation of the concession stand at Community Park. Councilwoman Allen seconded the motion. A vote
was taken and the motion passed 5-0. Councilman Scott absent,Place 3 vacant.
The Mayor then called for a five minute recess at 8:45 p.m.before adjourning into Work Session.
Work Session
♦ Proposed Animal Shelter
Mr.Ed Rawls,Rawls,Jones Architects was present to provide Council alternatives to the proposed animal shelter.
Mr.Rawls provided Council with several alternate bids so that Council would have the options to construct within
the allowed budget. His changes also incorporated setting the facility back in line with the Service Center,
alternate bid for brick and a metal siding option. The interior suggestions were to cut drainage to the minimum,
sheet rock wall with washable interior panels. Mr. Rawls stated that it was their intent to allow Council a variety
of options,that would allow Council to compare costs.
♦ 1999 Bond Program-Capital Projects Update
Mr. Stanton Forester provided Council with an update on the Kirby Street project. He stated that they have some
issues with regard to obtaining the required right of entry to certain properties. He explained options to Council
as constructing one half of the roadway and the possibility of a condemnation process,which could involve a
lengthy time frame. Mr. Collins expressed the interest and need to progress with Kirby in a timely manner and
that we needed to resolve this issue within the next few weeks.
The Mayor then adjourned the Work Session and reconvened into Regular Session
10. Consider and act upon revised architectural plans for an animal shelter facility and the solicitation of bids
for construction.
Councilman Worley made a motion to authorize the solicitation of bids for construction of the animal shelter
facility. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-0. Councilman
Scott absent,Place 3 vacant.
Wylie City Council Minutes
February 22,2000
Page 5
Adjournment.
With no further business to come before Council,the meeting was adjourned at 10:03 p.m.
John Mondy,Mayor
Attest:
Barbara A. Salinas,City Secretary
Wylie City Council Minutes
February 22,2000
Page 6
WYLIE CITY COUNCIL
AGENDA ITEM NO. 1.
March 14, 2000
Issue
Consider and act upon a resolution amending the current investment policy as required by the Texas
Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized
Investments for Governmental Entities
Background
The City Council approved the revisions to the City's Investment Policy at its October 26, 1999,regular
meeting. In a third-party safekeeping agreement, the City arranges for someone other than the party
who sold the investment to provide for the transfer and safekeeping of the security. This practice
ensures that no funds are at risk in an investment transaction as funds are not released until securities
are delivered. Section XIII, Safekeeping and Custody, states that the City may not designate its
depository bank as its safekeeping institution. However, the Finance staff has found that most banks
in Texas that offer safekeeping services also require that the customer requesting these services either
maintain a depository account with the bank or pay very high safekeeping fees. American National
Bank, the City's depository bank, offers safekeeping services. These services are performed by its trust
department and are separate from depository services. The Finance staff is recommending that the
City's Investment Policy be amended to allow the City's depository bank to serve as custodian of its
investments. In addition, the policy is being amended to state that if the City's depository bank also
provides custodial and safekeeping services, the City may not place the bank on its approved list of
brokers/dealers. This is being added to ensure that all transactions are maintained at arm's length.
Financial Considerations
Safekeeping fees charged by the City's depository bank are less than those that would be charged by
a non-depository bank.
Staff Recommendation
The Staff recommends that the Council adopt the amended resolution.
Attachments
Resolution amending the Investment Policy
Section XI, Selection of Brokers/Dealers
Section XIII, Safekeeping and Custody, City of Wylie Investment Policy
et-psta Revie d by finance City Manager Approval
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Wylie, Texas, amending the
current investment policy,providing for safekeeping and custody.
WHEREAS,the Public Funds Investment Act, as amended, requires the City of
adopt an investment policy by rule, order, ordinance or resolution; and
WHEREAS, the City Council desires that Section Xl, Selection of
Brokers/Dealers, be amended to prohibit the City from adding its depository bank to its
list of brokers/dealers if the depository bank is also providing custodial and safekeeping
services; and
WHEREAS, the City Council desires that Section X1E, Safekeeping and
Custody, be amended to allow the City's depository bank to perform safekeeping and
custody services for the City; and
WHEREAS,the attached amendment to Section XIII, Safekeeping and Custody,
complies with the Texas Government Code, Chapter 2256, Public Funds Investment Act,
Subchapter A — Authorized Investments for Governmental Entities and Subchapter B —
Miscellaneous Provisions as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WYLIE, THAT the City of Wylie has complied with the requirements
of the Public Funds Investment Act and the Investment Policy, as amended and attached
hereto,is hereby adopted as the investment policy of the City effective March 14, 2000.
PASSED AND ADOPTED this 14th day of March, 2000.
CITY OF WYLIE, TEXAS
Mayor
ATTEST:
City Secretary
CITY OF WYLIE,TEXAS
INVESTMENT POLICY
(For the purpose of this investment policy, investment policy,written acknowledgment per above
Broker/dealer will be used to refer to any brokerage guidelines, executed master repurchase agreement, if
firm, bank, investment pool, or financial institution applicable, and current financial information on file.
with whom the City does investment business). Certification language should be mutually acceptable
Securities may only be purchased from those to both parties. An investment officer of the City may
authorized institutions and firms. The authorized not buy any securities from a person who has not
broker/dealers will be reviewed at least annually. To delivered to the City an instrument substantially in the
be eligible, a broker/dealer must meet at least one of form provided by this policy.
the following criteria: 1)be recognized as a Primary
Dealer as defined by the New York Federal Reserve The Director shall review the quality of service and
Market Reports Division; or 2)comply with Securities financial stability of each broker/dealer and financial
and Exchange Commission Rule 15C3-1,the Uniform institution approved under this Section at least
Net Capital Requirement Rule. If the City's depository annually. Any approved broker/dealer or financial
bank also provides custodial and safekeeping services institution may be removed from the list of approved
for the City, the bank may not be included as an broker/dealers with the approval of the Director, if in
authorized broker/dealer for the City. the opinion of the Director,the firm has not performed
adequately or its financial position is considered
Broker/dealers will be selected and recommended to inadequate.
the investment committee by the Director on the basis
of their financial stability, expertise in cash XII. SELECTION OF DEPOSITORIES
management and their ability to service the City's
account. Each broker/dealer that has been authorized The City shall maintain a list of authorized banks and
by the City shall be required to submit and annually savings and loans which are approved to provide
update a Broker/Dealer Information Request form Certificates of Deposit. To be eligible for
which includes the firm's most recent financial authorization, a bank or savings and loan must be
statements. The Director shall maintain a file which members of the FDIC and meet the minimum credit
includes the most recent Broker/Dealer Information criteria(described below)of a credit analysis provided
Request forms submitted by each firm approved for by a commercially available bank rating service such
investment purposes. A copy of the submitted as Prudent Man Analysis, Inc., or Sheshunoff Public
Broker/Dealer Information Request forms as well as a Finance Bank Rating Service. Banks or savings and
list of those broker/dealers approved by the City shall loans failing to meet the minimum criteria or, in the
be maintained by the Director(See Appendix A). judgement of the Director, no longer offer adequate
safety for the City will be removed from the list.
Investment Policy Acknowledgment. The City of Wylie
will provide all approved securities dealers with a copy Bank rating guidelines will be calculated using
of the City's Investment Policy. A principal in the firm publicly available information obtained from the
must execute a written statement acknowledging Federal Reserve, the Comptroller of the Currency, or
receipt and review of the policy and a statement the banking institution itself. Data obtained from bank
acknowledging that reasonable procedures and controls rating services will include factors covering the
have been implemented to preclude imprudent following: overall rating, liquidity policy, credit risk
investment activities being conducted between the policy, interest rate policy, profitability and capital
entity and the securities firm (See Appendix B). policy. Financial institutions selected to issue
certificates of deposit to the City in excess of$100,000
All approved broker/dealer firms must have a or that are selected as Safekeeping or Custodial agents
completed City of Wylie broker/dealer questionnaire, for the City shall meet the following criteria: 1)have
City of Wylie Investment Policy
(As Revised March 14,2000)
Page 7
CITY OF WYLIE,TEXAS
INVESTMENT POLICY
selection or 2) have a Prudent Man Express Analysis The City must approve release of securities in writing
overall rating of three or better on a scale of one to five prior to their removal from the custodial account. A
with one being the highest quality for the most recent telephone facsimile of a written authorization shall be
reporting quarter before the time of selection, and 3) sufficient if the custodian orally confirms receipt of the
qualify as a depository of public funds in the State of transmission and an exact copy of the document is
Texas. retained in the City's files. In no event shall the
custodial bank be an authorized depository bank,issuer
The Director shall maintain a file of the credit rating of repurchase agreements in which the City invests or
analysis reports performed for each approved firm. broker/dealer of securities on behalf of the City.
In addition to the foregoing requirements, with respect All securities shall be confirmed in the name of the
to bond proceeds and reserves or other funds City and delivered to an approved custodial bank or
maintained for debt service purposes, a depository of carried at a Federal Reserve Bank in the name of the
such funds must be selected by competitive bidding by City. The Custodian shall not otherwise deposit
two banks located within the boundaries of the City or purchased or pledged securities. All book entry
if there are not two banks available within the City's securities owned by the City shall be evidenced by a
boundaries that are willing and able to accept such safekeeping receipt issued to the City and signed by the
deposits,then at least three bids must be obtained from appropriate officer at the custodian bank stating that
banks situated in Collin County that are willing and the securities are held in the Federal Reserve system in
able to accept such deposits. a CUSTOMER ACCOUNT naming the City as the
"customer." In addition,the custodian bank will,when
XIII. SAFEKEEPING AND CUSTODY requested, furnish a copy of the delivery advice
received by the custodian bank from the Federal
Investment securities purchased for the City will be Reserve Bank.
delivered by either book entry or physical delivery and
shall be held in third-party safekeeping by a Federal All certificated securities(those transferred by physical
Reserve Member financial institution designated as the delivery) shall: 1) be held by an approved custodian
City's safekeeping and custodian bank. The City may bank or any correspondent bank in New York City
designate more than one custodian bank, but tilt- approved by the Director; and 2) the correspondent
safekeeping banks shall riot be a depusituiybauk. The bank or the City's safekeeping bank shall issue a
City shall execute a Safekeeping Agreement with each safekeeping receipt to the City evidencing that the
bank prior to utilizing the custodian's safekeeping securities are held by the correspondent bank for the
services. Only a state or national bank located within City.
the State of Texas may be utilized as a custodian of
securities pledged to secure certificates of deposit. The The original safekeeping receipt for each transaction
safekeeping agreement must provide that the including purchased securities under a repurchase
safekeeping bank will immediately record and agreement and collateral securing deposits will be
promptly issue and deliver a signed safekeeping receipt forwarded to the Director or his designee and held in a
showing the receipt and the identification of the secured file by the City.
security, as well as the City's interest.
XIV. RECORD KEEPING AND REPORTING
The Director shall maintain a list of designated
custodian banks and a copy of the Safekeeping A record shall be maintained of all bids and offerings
Agreement executed with each custodian bank. for securities transactions in order to ensure that the
City receives competitive pricing. All transactions
City of Wylie Investment Policy
(As Revised October 26, 1999)
Page 8
WYLIE CITY COUNCIL
AGENDA ITEM NO. .
March 14, 2000
Issue
Consider and act upon approval of an ordinance amending Ordinance Nos. 92-6, 96-14 and 96-22 of the
City of Wylie, Texas in regard to regulations for the disposal of sewage and the use of public sewers in
Wylie; regulating the discharge of hazardous metals and chemical or toxic substances into the sanitary
sewer of the City of Wylie, Texas.
Background
City of Wylie Wastewater Treatment Plants Industrial Pretreatment Program became effective on
December 5, 1992.
Purpose of revising the technically based local limits (TBLL) is threefold:
• To insure pollutants will not interfere with operations of publicly owned treatment works.
• To prevent pass through of pollutants so that exceedance of state water quality standards
might not occur.
• To insure pollutants such as hazardous metals, chemicals and toxic substances are regulated
before entering public wastewater and treatment facilities.
Financial Considerations
At present, we have 3 industries in our 1999-2000 Industrial Wastewater Pretreatment Program. Each
industry share cost of pretreatment is $3,870.96 per year set by North Texas Municipal Water District.
Costs will fluctuate each year due to participating industries in the pretreatment program.
Other Consideration
Acceptance by City Council will insure local limits will not be so restrictive as to unduly burden
contributing industries by setting limits that are not achievable by available technology. Because of these
goals, EPA allows permittee considerable latitude in developing local limits on a site-specific basis.
This is in accordance with National Pollutants Discharge Elimination System (NPDES)
Permit no. TX 0025950.
Board/Commission Recommendation EPA Pretreatment Coordinator has reviewed response and
revisions and determined they are approveable.
Staff Recommendations
City of Wylie attorney and City of Wylie staff recommends City Council to approve revision of Wylie
Industrial Pretreatment Ordinance No. (96-22).
Attachments
Attorneys Opinion
Amendment to Wylie Ordinance 92-6
North Texas Municipal Water Districts Communication to City Manager
EPA review response communication to N.T.M.W.D.
N.T.M.W.D. Annual Pretreatment Budget
/_4/
•
01) A
IPreparef.y Re 0 ed by Financ- Ci Manager Approval
Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 01 /20/00 2:44PM;jetrax #95; Page 1 /5
ABERNATHY
ROEDER
BOYD
J O PLI N • 1700 Redbud Blvd., Suite 300•P.O.Box 1210• McKinney,TX 75069-1210
• • Metro 214.544.4000•Fax 214.544.4040
ATTORNEYS AT LAW
TO: Jackie L. Jones TELEFAX NO.:972.442.4302
FIRM: City of Wylie TELEPHONE NO.: 972.442.8106
FROM: Rebecca Brewer TOTAL PAGES:5
(Including This Cover Page)
RE: Attorney's statement re: Wylie's wastewater treatment facility
ADDITIONAL MESSAGE:
NOTICE: The following material is intended only for the use of the individual or entity to which it is addressed.
It may contain information that is privileged,confidential and exempt from disclosure under applicable
law. If you are not the intended recipient, you should not read or otherwise review this material. Any
use, dissemination or copying of this material is strictly prohibited. If you have received this
communication in error,please notify us immediately by telephone and return this original message to
us at the above address via the U.S. Postal Service. Thank you.
TRANSM.rrTlcD: Date: 01/20/0 Operator:Angie
Client Account No.:940272.0202
?nt by: Abernathy Roeder Boyd Joplin 214 544 4040; 01 /20/00 2:45PM;J #95; Page 2/5
ABERNATHY
ROEDER
BOYD
l O.l 'I'i�� *J)♦(♦ 1700 Feoo C Boulever4,Suite 300•P_O-Box 1210•McKinney,Texa3 75070-1210
Metro 214,544 4000•Fax 214 544 4040
ATTORNEYS AT LAW
REBfCCA H.BRC:wER rbrewcrt abernethy-l4w.uom
Direct Dial 214 544 4008
January 20,2000
Mr. Jackie L. Jones
Capital Project Coordinator
2000 Highway 78 North
Wylie,Texas 75098
RE: Attorney's statement regarding Wylie's wastewater treatment facility required by 40
CFR §403.9(bX l) (the"Statement")
Dear Mr. Jones:
Pursuant to our conversation this afternoon, enclosed please find the above-referenced
original Statement for your review and consideration.
It is my understanding that you need the Statement to draft the ordinance. Pursuant to your
request,the Statement provides that the ordinance amending Ordinance No. 96-22 is included with
the Statement. Since the ordinance amending Ordinance 96-22 has not been drafted, I have not
reviewed the same;therefore,as you indicated,we are relying on you to include the ordinance when
you forward the Statement to the recipients listed therein. Also,it is my further understanding that
you will forward the original Statement to the appropriate authorities once the ordinance is
completed.
If we need to review the ordinance and/or assist you in any other way, please contact me.
I am happy to assist the City of Wylie in this matter.
ry truly yo s,
Rebecca Brewer
end.
RHB
xc: Mr. Jackie L. Jones (via facsimile 972.442.4302)
1:\rnbox4\wylie\jackiejonesltr
Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 02/15/00 4:00PM;f, #779;Page 1 /6
ABERNATHY
ROEDER
BOYD
JOPLIN•P 11700 Redbud Blvd., Suite 300 P.O. Box 1210 McKinney,TX 7S069-
10
Metro 214.544.4000 Fax 214.544.4040
ATTORNEYS AT LAW
TO: Jackie L. Jones TELEFAX NO.: 972.442.4302
FIRM: Capital Project Coordinatore TELEPHONE NO.:
FROM: Rebecca Brewer TOTAL PAGES: 6
(Including This Cover Page)
RE: Amendment to Wylie Ordinance No. 92-6
ADDITIONAL MESSAGE:
NOTICE: The following material is intended only for the use of the individual or entity to
which it is addressed. It may contain information that is privileged,confidential and
exempt from disclosure under applicable law. If you are not the intended recipient,
you should not read or otherwise review this material. Any use,dissemination or
copying of this material is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone and return this
original message to us at the above address via the U.S.Postal Service. Thank you.
TRANSMITTED: Date: 02/15/0 Operator:Angie
Client Account No.:940272.0202
ent by: Abernathy Roeder Boyd Joplin 214 544 4040; 02/15/00 4:00PM;JJ¢{X #779;Page 2/6
ABERNATHY
ROEDER
BOYD '
J pj_j [.J. ♦ ♦ 1700 Redoutl Boulevard,Sulte 300•P.O.Box 1210•McKinney,Texas 750 70-1 21 0
Metro 214.544,4000•Fax 214,544,4040
ATTORNEYS AT LAW
RL.Bi"sCCA H.BREWER rtmwertgaernattty-law.com
Direct Dial 214.544-400i
February 15, 2000
Mr.Jackie L. Jones VIA FACSIMILE 972A42.4302
Capital Project Coordinator
2000 Highway 78 North
Wylie, Texas 75098
RE: Amendment to Wylie Ordinance No. 92-6 regarding the disposal of sewer in Wylie
(the "Ordinance")
Dear Mr. Jones:
Attached please find a copy of the proposed above-referenced Ordinance. 1 have also
provided Ms. Salinas with a copy of the same to be included in the City Council packet.
If you have any questions and/or comments,please feel free to contact me. I am happy to
assist the City of Wylie in this matter.
Very truly yours,
Rebecca Brewer
encl.
RHB
I:lmbox4\wylie\j ackiejonesltr2
Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 02/15/00 4:00PM;JX #779;Page 3/6
CITY OF WYLIE,TEXAS ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NOS. 92-6,96-14 AND 96-22 OF
THE CITY OF WYLIE, TEXAS IN REGARD TO REGULATIONS FOR THE
DISPOSAL OF SEWAGE AND THE USE OF PUBLIC SEWERS IN WYLIE;
REGULATING THE DISCHARGE OF HAZARDOUS METALS AND
CHEMICAL OR TOXIC SUBSTANCES INTO THE SANITARY SEWER OF
THE CITY OF WYLIE, TEXAS; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS,the City Council of the City of Wylie,Texas("City Council")has previously
adopted Ordinance No. 92-6 of the City of Wylie, Texas ("Wylie"), which has been amended by
Wylie Ordinance Nos. 96-14 and 96-22,establishing regulations for the disposal of sewage and the
use of public sewers, regulations for the discharge of industrial wastes into the sanitary sewer of
Wylie, regulations of unsewered and miscellaneous discharges and providing for a permit system
with denial, suspension,revocation and an appeal process.
WHEREAS, the City Council has investigated and determined that it would be in the best
interests of Wylie and its inhabitants to amend the limitation of hazardous metals and chemical or
toxic substances discharged into the sewer system of Wylie under Ordinance No.92-6 of Wylie,as
amended by Ordinance Nos, 96-14 and 96-22; and
WHEREAS,the City Council finds that it is in the best interest of Wylie and its inhabitants
to amend Wylie Ordinance Nos.92-6(Section 3(A)(1)),96-14(Section 1)and 96-22(Section I)as
provided herein.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
ORDINANCE AMENDING WYLIE ORDINANCE NOS.92-6,96-14 AND 96-22
REGARDING REGULATIONS FOR THE DISPOSAL OF SEWAGE AND USE OF PUBLIC SEWERS.Paso 1
1.1mhox4\wyl t ewwhazardchcmord/2/15/OU
3ent by: Abernathy Roeder Boyd Joplin 214 544 4040; 02/15/00 4:01PM;Je #779;Page 4/6
SECTION 2: Amendments to Wylie Ordinance Nos. 92-6, 96-14 and 96-22. Wylie
Ordinance Nos.92-6(Section 3(A)(I)),96-14(Section 1)and 96-22(Section 1)are hereby amended
to read as follows:
HAZARDOUS METALS AND CHEMICAL OR TOXIC SUBSTANCES.
A) It shall be unlawful to discharge into the sewer system any hazardous metals
and chemical or toxic substances in excess of the following concentration
limits:
1) The following heavy metals and toxic materials in the form of
compounds or elements in solution or suspension in
concentrations exceeding these limits:
MONTHLY AVERAGE
PARAMETER LIMIT IN mg/l
Arsenic(Total) 1.11
Cadmium(Total) 0.15
Chromium(Total) 1.05
Copper(Total) 2.18
Cyanide (Total) 0.26
Lead(Total) 0.66
Mercury(Total) 0.002
Nickel(Total) 2.65
Silver(Total) 0.5
Zinc(Total) 3.54
*Biochemical oxygen 3989.2
demand(BOD)
*Total suspended solid (TSS) 5434.69
*Ammonia(NH3) 103.98
*Maximum Daily Average Limit
For purposes of this section, the maximum daily
average limit includes any consecutive 24-hour
period.
SECTION 3: Penalty Provision. Any person,fine,corporation or business entity violating
this Ordinance or any provision of Wylie Ordinance No.92-6,or as amended,shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand
ORDINANCE AMENDING WYLIE ORDINANCE NOS.92.6.96-14 AND 96.22
REGARDING REGULATIONS FOR THE DISPOSAL OF SEWAGE AND USE OF PUBLIC SEWERS-Page 2
I'\mbox4\wylie\wwhazardchcmo rdi2/15/00
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Dollars($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing
suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to
local, state and federal law.
SECTION 4: Savings/Repealing Clause. Wylie Ordinance No. 92-6 shall remain in full
force and effect,save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but
such repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor shall
the repeal prevent a prosecution from being commenced for any violation if occurring prior to the
repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and
effect.
SECTION 5: Severability. Should any section, subsection, sentence,clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences,clauses and phrases be declared unconstitutional or invalid.
SECTION 6: effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
ORDINANCE AMENDING WYLIE ORDINANCE NOS.92-6.96.14 AND 96-22
REGARDING REGULATIONS FOR THE DISPOSAL OF SEWAGE AND USE OF PUBLIC SEWERS-Pxgr 3
i:'n box41wyiie\wwhazaidchenwrdt2/15/00
;ent by: Abernathy Roeder Boyd Joplin 214 544 4040; 02/15/00 4:02PM;J #779;Page 6/6
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this day of 2000.
JOHN MONDY, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY: APPROVED AS TO FORM:
fthltkakatiL
BARBARA SALINAS RICHARD M. ABERNATHY
City Secretary ABERNATHY, ROEDER, BOYD
& JOPLIN, P.C.
City Attorneys
Date of Publication: ,in the
ORDINANCE AMENDING WYLIE ORDINANCE NOS.92-6,96-14 AND 96-22
REGARDING REGULATIONS FOR THE DISPOSAL OF SEWAGE AND USE OF PUBLIC SEWERS•Page 4
1:Unbox41wyliclwwhaza nishemord/2!15/O0
i 1
•
Our Mission..
...to be responsible stewards of the public trust, r~ ,
to strive for excellence in public service,and r' ,
to enhance the quality of life for all. r'
June 29,2000
Mr. James M. Parks
Mr. M. Dolan McKnight
North Texas Municipal Water District
505 E Brown Street •
Wylie,Texas 75098
Mr. Alfonso A Hernandez
United States Environmental Protection Agency
Region 6
1445 Ross Avenue -
Dallas, Texas 75202-2733
RE: Wylie's Wastewater Treatment Facility
Enclosed please fmd a copy of the letter from our City Attorney, Mr. Richard Abernathy, with
regard to the amendment of City of Wylie Ordinance 96-22 and a certified copy of said amendment,
Ordinance Number 2000-03.
I apologize for the delay in providing you said documents. Please let me know if your office
requires any additional information with regard to the above.
Barbara Salinas
City Secretary
/bas
Enclosures(2)
P •
2000 Highway 78 North•Wylie,Texas 75098•(972)442-8100•Fax(972)442-4302
t�
taw
t
,_......._i_. _.,,.... _ .
pilm
Our Mission.. i...__.r114, 1.................
...to be of the responsible stewards public trust,
Pr.'_ Aii alF..j�
to strive for excellence in public service,and _.. a
to enhance the qualityoflife or all. ' }tllel
f 1 ' "`
June 29,2000
Mr. James M. Parks
Mr. M. Dolan McKnight
North Texas Municipal Water District
505 E Brown Street •
Wylie,Texas 75098
Mr. Alfonso A Hernandez
United States Environmental Protection Agency
Region 6
1445 Ross Avenue
Dallas, Texas 75202-2733
RE: Wylie's Wastewater Treatment Facility
Enclosed please find a copy of the letter from our City Attorney, Mr. Richard Abernathy, with
regard to the amendment of City of Wylie Ordinance 96-22 and a certified copy of said amendment,
Ordinance Number 2000-03.
I apologize for the delay in providing you said documents. Please let me know if your office
requires any additional information with regard to the above.
Barbara Salinas
City Secretary
/bas
Enclosures (2)
2000 Highway 78 North•Wylie,Texas 75098•(972)442-8100•Fax(972)442-4302
ta
ABERNATHY
ROEDER
BOYD
JO.1 .1-i P•C• Metro214.544.4000le Fax 21te 300 40 P.O.
Box 1210•McKinney.Texas 76070.1210
ATTORNEYS AT LAW
RICHARD M.ABERNATHY raboraadry@abetnetny-law.vum
Board Ccrtiticd-Civil Trial Law Direct Dial 214.544.4002
Texas Board la/Legal Spauializxtioo
QoiliAce M1icdiator
January 20,2000
Mr.James M.Parks
Mr. M. Dolan McKnight
North Texas Municipal Water District
505 E, Brown Street
P.O. Box 2408
Wylie,Texas 75098-2408
Mr. Alfonso A. Hernandez
United States Environmental Protection Agency
Region 6
1445 Ross Avenue
Dallas,Texas 75202-2733
RE: Wylie's wastewater treatment facility
Dear Gentlemen:
This firm represents the City of Wylie, Texas ("Wylie") and the following statement is
submitted pursuant to the requirements contained in the Code of Federal Regulations (CFR),
§403.9(b)(1), regarding legal authority for Wylie to implement the its wastewater pretreatment
program.
It is my opinion that Wylie has adequate authority to carry out the program described in 40
CRF 403.8,based on the authority granted by:
1. Wylie is a home rule city under the provisions of Article 11, Sec. 5 of the
Constitution of the State of Texas, and as such it has the power of local self-
government as long as its actions are not inconsistent with the Constitution and laws
of the State of Texas.
Gentlemen
January 20, 2000
Page 2
2. Under the provisions of§402.001,Texas Local Government Code(``LGC"),a home
rule city is authorized to own and operate a sewer utility system.
3. Under the provisions of§402.002, LGC, a home rule city is authorized to own and
operate a sewage plant.
4. Section 217.042, LGC, specifically authorizes Wylie to define and. prohibjt any
nuisance within the limits of Wylie and within 5,000 feet outside the limits of Wylie.
Section 217.042, LGC further authorizes Wylie to enforce all ordinances necessary
to prevent and summarily abate and remove a nuisance.
5. Section 54.004,LGC,authorize Wylie to enforce all ordinances necessary to protect
health, life and property.
b. Section 341.001 et. seq.,Texas Health and Safety Code,setting minimum standards
of sanitation and health protection measures,specifically authorizes home rule cities
to enact more stringent ordinances pertaining to matters referred to in said act.
7. Wylie's City Charter grants to Wylie the following authority which pertains to the
owning and operating of a sanitary sewer system:
a. Article II, Section 1 provides that the city: "shall have all powers and rights
self government in home rule that exists now or may be granted to
municipalities by the constitution and laws of the State of Texas. These
• powers and rights, whether expressed or implied shall be exercised,
administered and enforced in the interest and welfare of the individuals and
corporations residing in or owning property within the boundaries of the city
as prescribed by this Charter, or in such manner as may be provided by
resolution or ordinance of the city council.
The powers hereby conferred upon the city shall include,but not be restricted
to the powers expressly conferred and permitted by Vernon's Ann. Civ. St.
art. 1175,as now or hereafter amended."
b. Article II,Section 1 of the Charter provides,and enumerates specific powers,
as follows: "The city shall have the power: To enact, establish and enforce
codes and ordinances providing for planning and zoning within the city and
provide for ordinances and codes dealing with the construction of
improvements within the city."
Gentlemen
January 20, 2000
Page 3
Wylie is in the process of revising its Technically Based Local Limits as it relates to Wylie's
wastewater treatment facility; therefore, Wylie will be amending its Ordinance No. 96-22 to
incorporate the revisions. A copy of the proposed ordinance amending Ordinance No. 96-22 is
enclosed for your review and consideration. Wylie is prepared to enforce all provisions of its
ordinance amending Ordinance No.96-22,including,but not limited to,the enforcement ofpenalties
and court action where necessary to enforce compliance with the ordinance,permits or orders.
You are respectfully referred to the proposed ordinance with regard to the various details as
to the standards, conditions, prohibitions, penalties and enforcement mechanisms to ensure
compliance with 40 CFR 403.8.
If you have any questions, please contact me.
Very truly yours,
/Zol-tic P.--
Richard M. Abernathy
enc 1.
RAirb
xc: Mr. Jackie L. Jones(Capital Project Coordinator)
1:\mbox4lwylie\ntmwd.ltr!#940272.0202
Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 01/20/00 2:45PM;J #95; Page 3/5
ABERNATHY
ROEDER
BOYD ''
JoJoDT PT.J) [ 1700 Redbud Boulevard,Sude 300•P.O.Box 1210.McKinney.Texas 76070-1210
& 1-�lj 1� •\,,r• Meuo 214.544.4000•Fax 214 644.4040
ATTORNEYS AT LAW
RICHARD M.ABERNATHY rebentatby(aebemo0tylaw,vor
Board Cmitied•Civil Trial Law Direct Otal 214.544.40022
1'exaa Board of Legal Speciakution
(1uklificg Mcdiator
January 20,2000
Mr. James M. Parks
Mr. M. Dolan McKnight
North Texas Municipal Water District
505 E, Brown Street
P.O. Box 2408
Wylie, Texas 75098-2408
Mr. Alfonso A. Hernandez
United States Environmental Protection Agency
Region 6
1445 Ross Avenue
Dallas,Texas 75202-2733
RE: Wylie's wastewater treatment facility
Dear Gentlemen:
This firm represents the City of Wylie, Texas ("Wylie") and the following statement is
submitted pursuant to the requirements contained in the Code of Federal Regulations (CFR),
§403.9(b)(1), regarding legal authority for Wylie to implement the its wastewater pretreatment
program.
It is my opinion that Wylie has adequate authority to carry out the program described in 40
CRF 403.8,based on the authority granted by:
1. Wylie is a home rule city under the provisions of Article 11, Sec. 5 of the
Constitution of the State of Texas, and as such it has the power of local self-
government as long as its actions are not inconsistent with the Constitution and laws
of the State of Texas.
?nt by: Abernathy Roeder Boyd Joplin 214 544 4040; 01 /20/00 2:45PM;J #95; Page 4/5
Gentlemen
January 20, 2000
Page 2
2. Under the provisions of*402.001,Texas Local Government Code{"LGC"),a home
rule city is authorized to own and operate a sewer utility system.
3. Under the provisions of§402.002, LGC, a home rule city is authorized to own and
operate a sewage plant.
4. Section 217.042, LGC, specifically authorizes Wylie to define and prohibit any
nuisance within the limits of Wylie and within 5,000 feet outside the limits of Wylie.
Section 217.042, LGC further authorizes Wylie to enforce all ordinances necessary
to prevent and summarily abate and remove a nuisance.
5. Section 54.004,LGC,authorize Wylie to enforce all ordinances necessary to protect
health, life and property.
6. Section 341.001 et. seq.,Texas Health and Safety Code,setting minimum standards
of sanitation and health protection measures,specifically authorizes home rule cities
to enact more stringent ordinances pertaining to matters referred to in said act.
7. Wylie's City Charter grants to Wylie the following authority which pertains to the
owning and operating of a sanitary sewer system:
a. Article II, Section 1 provides that the city: "shall have all powers and rights
self government in home rule that exists now or may be granted to
municipalities by the constitution and laws of the State of Texas. These
powers and rights, whether expressed or implied shall be exercised,
administered and enforced in the interest and welfare of the individuals and
corporations residing in or owning property within the boundaries of the city
as prescribed by this Charter, or in such manner as may be provided by
resolution or ordinance of the city council.
The powers hereby conferred upon the city shall include,but not be restricted
to the powers expressly conferred and permitted by Vernon's Ann. Civ. St.
art. 1175,as now or hereafter amended."
b. Article II,Section 1 of the Charter provides,arid enumerates specific powers,
as follows: "The city shall have the power: To enact, establish and enforce
codes and ordinances providing for planning and zoning within the city and
provide for ordinances and codes dealing with the construction of
improvements within the city."
?nt by: Abernathy Roeder Boyd Joplin 214 544 4040; 01 /20/00 2:46PM; #95; Page 5/5
Gentlemen
January 20, 2000
Page 3
Wylie is in the process of revising its Technically Based Local Limits as it relates to Wylie's
wastewater treatment facility; therefore, Wylie will be amending its Ordinance No. 96-22 to
incorporate the revisions. A copy of the proposed ordinance amending Ordinance No. 96-22 is
enclosed for your review and consideration. Wylie is prepared to enforce all provisions of its
ordinance amending Ordinance No.96-22,including,but not limited to,the enforcement of penalties
and court action where necessary to enforce compliance with the ordinance,permits or orders.
You are respectfully referred to the proposed ordinance with regard to the various details as
to the standards, conditions, prohibitions, penalties and enforcement mechanisms to ensure
compliance with.40 CFR 403.8.
If you have any questions, please contact me.
Very truly yours,
/(44144c/X
Richard M. Abernathy
enc I.
RAirb
xc: Mr. Jackie L. Jones(Capital Project Coordinator)
l:\nib ox4lwylielntmwd.ltr/#940272.0202
NORTH TEXAS MUNICIPAL
WATER DISTRICT
Regional Service Through Unity
July 21, 1999
Mr. Mike Collins
City Manager
City of Wylie
2000 Hwy 78 North
Wylie,Texas 75098
RE: Ordinance No. 96-22
Dear Mr. Collins:
Enclosed, in Attachment A,is the EPA's response to the revision of the City of Wylie's Technically
Based Local Limits (1BLL), submitted on November 10, 1997. A copy of the submittal is included
in Attachment B.
As stated in the response, the TBLL will be approved following the completion of the requested
changes. As per the requirements of the response,Ordinance No. 96-22 must be amended to reflect
the revised limits. Please refer to Attachment C for a copy of the pages from Ordinance No. 96-22
that require changes.
Also, as requested in the response letter, an attorney's statement must be submitted to the EPA,
along with the revised ordinance, to complete the approval process. A copy of the attorney's
statement for Ordinance No. 92-6 has been provided in Attachment D.
Please review the enclosed documents, and provide the NTMWD with a copy of the attorney's
statement and amended ordinance. All applicable information will then be submitted to the EPA
for final approval. If you have any questions, please contact John Montgomery, Pretreatment
Coordinator,or my office at (972) 442-5405.
Sincerely, Sincerely,
M. DOLAN MCKNIGI-T, • 4 ES M. PARKS
Environmental Officer : utive Director
Enclosures:
JMP:MDM:JM
505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405
J�oleo srATFS UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 6
`4410Y 1445 ROSS AVENUE
0�
DALLAS TEXAS -2733
oi J IJN 2 1 1
YTq�PRO<e°�
CERTIFIED MAIL: RETURN RECEIPT REQUESTED (P 005 011 344)
REPLY TO: 6WQ-PO
Mr. James M. Parks, P.E.
Executive Director
North Texas Municipal District
505 E. Brown Street
P.O. Box 2408
Wylie, Texas 75098-2408
Re: Revised Technically-Based Local Limits Reevaluation
Wylie Industrial Pretreatment Program for the
City of Wylie Wastewater Treatment Plant- TX0025950
Dear Mr. Parks:
I am in receipt of your June 7, 1999, letter to this office regarding the technically-based
local limits (TBLLs) for the city of Wylie's wastewater treatment facility. Your letter provided
additional revisions and responses to my March 24, 1999, review of Wylie's TBLLs.
I have reviewed your responses and revisions and determined that they are
approvable for purposes of the pretreatment program for the above referenced NPDES
permits.
Per your letter, please have the city of Wylie amend it's current pretreatment ordinance
and submit it to this office, along with the attorney's statement, for our review and approval and
to complete our records.
Should you have any questions, please feel free to contact me at the above address or call
me at (214) 665-7522.
Sincerely yours,
Alfonso A. Hernandez
Pretreatment Coordinator
Oversight Team Unit (6WQ-PO)
2
Re: Revised Technically-Based Local Limits Reevaluation
Wylie Industrial Pretreatment Program for the
City of Wylie Wastewater Treatment Plant - TX0025950
cc: Ms. Jill Russell
Pretreatment Team Leader
Permitting Section(MC-148)
Water Quality Division
Texas Natural Resource Conservation Commission
P. O. Box 13087, Capitol Station
Austin, Texas 78711-3087
/Mr. Dolan McKnight
Environmental Officer
North Texas Municipal District
505 E. Brown Street
P.O. Box 2408
Wylie, Texas 75098-2408
Mr. John Montgomery
Pretreatment Coordinator
North Texas Municipal District
505 E. Brown Street
P.O. Box 2408
Wylie, Texas 75098-2408
NORTH TEXAS MUNICIPAL
WATER DISTRICT
Regional Service Through Unity
September 24, 1999
Mr. Mike Collins
City Manager
City of Wylie
2000 Hwy. 78 N.
Wylie, Texas 75098
RE: Wastewater Pretreatment Program
1999-00 Budget
Dear Mr. Collins:
The 1999-00 Annual Budget for the Wastewater Pretreatment Program
was approved by the NTMWD Board of Directors at the September
1999 Board Meeting.
The 1999-00 Annual Budget amounts to $212, 903 which is an increase
of $23, 970 over the 1998-99 budget. This increase is primarily
due to increased laboratory services ($16, 067) and personal
services ($7, 942) cost. Two cities, Forney and Murphy do not
have any industries in the program. However, the number of
industries remains the same at 55. The cost per industry for
1999-00 is budgeted at $3, 870. 96. Costs are allocated to each
Member City based upon the number of industries and the number
of months each industry is in the program. The following schedule
sets out the charges for 1999-00. Attached are the 1999-00
Annual Budget Expenditure Summary and 1999-00 Billing Schedule.
User 1999-00
M9A11$ AU0g4t)-011
Allen 72 $ 23,226
Frisco 36 11,613
McKinney 72 23,226
Mesquite 168 54, 193
Plano 132 42, 580
Rockwall 60 19, 355
Terrell 84 27,097
Wylie 36 11.61;
Total 660 $212, 903
505 E.Brown Sr.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405
Mr. Mike Collins
City Manager
City of Wylie
2000 Hwy. 78 N.
Wylie, Texas 75098
Se�t�gml�er �4, 1999. ,Pgae Two
The 1999-00 Annual Budget has been prepared to meet the goals
of providing an effective, responsible level of service at a
minimum cost. Should you wish additional information or desire
to request other consideration, please contact Bill Avery,
Director of Finance, or my office.
Sincerely,
,\ ES M. PARKS
•cutive Director
JMP/BA/skh
Encl.
BILLING SCHEDULE
WASTEWATER PRETREATMENT PROGRAM
1999-00 ANNUAL BUDGET
ALLEN FRISCO MCKINNEY MESQUITE PLANO ROCKWALL TERRELL WYLIE TOTAL
OCTOBER $ 3,866 $ 1,933 $ 3,866 $ 9,033 $ 7,100 $ 3,225 $ 4,517 $ 1,933 $ 35,473
NOVEMBER 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
DECEMBER 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
JANUARY 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
FEBRUARY 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
MARCH 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
APRIL 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
MAY 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
JUNE 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
JULY 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
AUGUST 1,936 968 1,936 4,516 3,548 1,613 2,258 968 17,743
TOTAL $23,226 $11,613 $23,226 $54,193 $42,580 $19,355 $27,097 $11,613 $212,903
1999-00 ANNUAL BUDGET
SEWER SYSTEM
. _EXPENDITURE SUMMARY
87 SEWER PRETREATMENT PROGRAM
1996-97 1997-98 1998-99 1999-00
ACTUAL ACTUAL AMENDED PROPOSED
PERSONAL SERVICES 76,789 $ 84,856 $ 104,227 $ 117,621
SUPPLIES 1,865 1,849 2,837 2,307
CONTRACTUAL SERVICES 51,412 55,092 65,960 92,730
TOTAL EXPENSE: 130,066 141,797 173,024 212,658
CAPITAL OUTLAY: 581 15,118 3,634 245
TOTAL OPERATING
EXPENDITURES: 130,647 $ 156,915 $ 176,658 $ 212,903
FUNCTION
The Pretreatment Function provides for the Cities of Allen, Frisco, McKinney, Mesquite, Murphy, Plano,
Rockwall, Terrell, and Wylie all EPA-required pretreatment regulations of the industries that discharge
significant quantities of wastewater. Included under the general guidelines is the evaluation of all industries that
have the potential to interfere with the normal operation of wastewater treatment facilities that receive
wastewater from the affected cities. The industries are evaluated and assessed using the following methods:
annual detailed inspections and quarterly visits, quarterly sampling and analytical monitoring, demand sampling
and analytical monitoring, and renewable permits.
Industries are informed of all violations of permit conditions and issued notices accordingly. The function also
maintains all records and reports from each industry in inspection-ready format, along with applicable
wastewater treatment plant files as required by NPDES permit. In addition, the function provides for the
development and evaluation updates of Technically Based Local Limits included in pretreatment ordinances.
Personnel consists of a Pretreatment Coordinator (60%), one Pretreatment Inspector, and a Pretreatment
Sampler and is supervised by the Environmental Officer.
PROGRAM
The current number of industries regulated under the eight Pretreatment Programs administered by the
NTMWD is fifty-eight, with additions expected during the fiscal year. The program costs are paid for by the
participating cities in proportion to the number of industries regulated in the city.
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