10-27-1987 (City Council) Agenda Packet DATE POSTED 10-23-87
TIME POSTED 5:30 P.M.
AGENDA
REGULAR MEETING, CITY COUNCIL
CITY OF WYLIE, TEXAS
OCTOBER 27 , 1987
7: 00 P. M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 7 Consider approval of minutes
for October 13th Council
meeting
2 CONSENT AGENDA
The following items are to be considered as one item.
The council may move, by motion and second, to approve
or reject all items contained within . Any Council
member may request that an item or items be pulled from
the Consent Agenda and considered separeately. If such
a request is made, those items will occur in numerical
order immediately following the vote on the Consent
Agenda .
A. 8 - 9 Consider approval of new
Library hours from 10 A .M.
tnru 7 : 00 P .M. Monday thru
Friday and closed on Saturday
effective Nov . 1, 1987
B. ORAL Consider authorization for
staff to seek bids for two (2 )
police cars
C. 10 - 12 Consider acceptance of Eubanks
Sewer Line Extension
D. 13 Consider approval of Chain of
Command letter in accordance
with Home Rule Charter
E. 14 Consider approval of Ordinance
Repealing Ordinance No . 87-52
School Zone Times
F. 15 - 17 Consider approval of Ordinance
amending Ord . No . 87-20 Sec .
1 (a) , and Ord . Nos . 86-78A,
87-21 , 83-40 and 83-38 to
provide for School Zone Hours
G. 18 - 23 Consider approval of
Resolution supporting
Amendment No. 17 - Tort Reform
on the November 3rd general
election ballot
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
PUBLIC READING OF ORDINANCES AND RESOLUTIONS
3 24 - 26 Consider approval of
Resolution granting
authorization to City Manager
to proceed with reallocation
of 1983 Collin County Bond
Funds and Administration,
Design , and Construction of
Spring Creek Parkway and
Sanden Blvd .
4 27 - 28 Consider approval of
Resolution authorizing City
Manager/Staff to negotiate
leasing of space in the New
Municipal Complex to other
governmental agencies
5 INSERT Consider approval of Amended
87-88 Budget
6 29 - 30 Consider approval of
Resolution validating the tax
rollback petition
7 31 - 33 Consider the approval of the
Call and Order for Election
for January 9 , 1987 for
Reducing Tax Rate
8 34 - 35 Consider approval of
Resolution casting votes for
Board of Directors for Collin
County Central Appraisal
District
9 36 - 39 Consider approval of award of
bid for asphalt overlay for
Cottonbelt and Park road
10 40 Consider approval of replat of
Oaks Retail Addition
GENERAL DISCUSSION
11 Citizen Participation
12 Council Discussion
13 Recess open meeting
CITY COUNCIL MEETING
MINUTES
OCTOBER 13 , 1987
7 :00 P. M.
The Wylie City Council met in regular session on Tuesday,
October 13 , 1987 at 7 : 00 P .M. in the Community Room. A
quorum was present and notice of the meeting had been posted
in the time and manner required by law. Those present were
Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan, Council
Members Chris DiTota, Calvin Westerhof, Marvin Blakey, John
Akin, and Kent Crane, City Manager John Pitstick, City
Secretary Carolyn Jones, Finance Director James Johnson,
Code Enforcement Officer Roy Faires, Public Works
Superintendent Don White and Chief of Police Royce Abbott .
Mayor Trimble called the meeting to order and Mayor Pro Tem
Donovan gave the invocation.
APPROVAL OF MINUTES: The minutes for September 1st , 17th ,
19th, 21st , 22nd, and 25th meetings were submitted for
approval . Motion was made by Councilman Westerhof to
approve the minutes as submitted .
Mayor Pro Tem Donovan pointed out that the ordinance passed
for the school zones had the wrong times in it . City
Secretary Carolyn Jones said Mr . Watkins, Assist .
Superintendent for Wylie I .S .D. called today and told me he
had given me the wrong times. The new times will be sent to
the city attorney for another ordinance which will be back
to Council on the next agenda.
Mayor Pro Tem Donovan seconded the motion made by Councilman
Westerhof to approve the minutes as submitted. The vote was
as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan
- in favor, Councilman Akin - in favor , Councilman Westerhof
- in favor , Councilman DiTota - in favor , Councilman Crane -
in favor , and Councilman Blakey - in favor. This motion
carried with all in favor .
CONSENT AGENDA: The consent agenda consist of the approval
of new schedule for different board meetings of the City,
approval of the final draw for Speed Fab-Crete Draw #12 in
the amount of $142 ,230 .39 and approval of change order #3
from Speed Fab-Crete for the new Municipal Complex
reflecting a credit to the City in the amount of $10 ,054 .00 .
Mayor Trimble stated that the above items are to be
considered as one item. The Council may move, by motion and
second, to approve or reject all items contained within.
Any Council member may request that an item or items be
pulled from the Consent Agenda and be considered separately.
If such a request is made, those items will occur in
numerical order immediately following the vote on the
Consent Agenda .
Motion was made by Councilman Westerhof to approve the
consent agenda. Seconded by Councilman Crane. The vote was
as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan
- in favor, Councilman Akin - in favor , Councilman Westerhof
- in favor , Councilman DiTota - in favor , Councilman Crane -
in favor, and Councilman Blakey - in favor. This motion
carried with al in favor .
APPROVAL OF THE RESOLUTION TO CALL FOR A PUBLIC HEARING TO
CONSIDER IMPLEMENTATION OF 911 SERVICES AND THE NECESSARY
FEES: Motion was made by Mayor Pro Tem Donovan to approve
the resolution to call for a public hearing on November 10 ,
1987 to consider implementation of 911 services and the
necessary fees . Seconded by Councilman Crane. The vote was
as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan
- in favor , Councilman Akin - in favor , Councilman Westerhof
- in favor, Councilman DiTota - in favor, Councilman Crane -
in favor , and Councilman Blakey - in favor . This motion
carried with all in favor .
APPROVAL OF ORDINANCE ESTABLISHING PERMITTED TIME FOR
PLACING REFUSE IN RIGHT-OF-WAY FOR PICKUP: Motion was made
by Councilman DiTota to approve the ordinance establishing
permitted time for placing refuse in right-of-way for
pickup. Seconded by Councilman Blakey. The vote was as
follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan -
in favor , Councilman Akin - in favor , Councilman Westerhof -
in favor, Councilman DiTota - in favor, Councilman Crane -
in favor , and Councilman Blakey - in favor . This motion
carried with all in favor .
APPROVAL OF ORDINANCE ESTABLISHING MINIMUM STANDARDS FOR THE
INSTALLATION OF BULK REFUSE RECEPTACLES: Motion was made by
Councilman Westerhof to approve the ordinance establishing
minimum standards for the installation of bulk refuse
receptacles . Seconded by Councilman DiTota .
Councilman Crane said last meeting it was discussed about
the distance off road and I was under the impression the pad
would be long enough to get the truck on the pad. Mr. Roy
Faires, Code Enforcement Officer , said the pad is designed
to take the front wheels only. Mr . Faires also stated that
in the last meeting it was discussed about getting the front
wheels off the asphalt streets. The trucks are tearing up
the asphalt . There was a figure on the minimum distance and
after the discussion it was decided to get the truck off the
street and right-of-way and the front wheels on the pad .
Councilman Crane wanted to know if the staff had on the
books a figure for new construction. Mr . Faires said there
is nothing to constitute the size of pad or lead to pad .
Mayor Trimble called for a vote on the motion to approve the
ordinance. The vote was as follows: Mayor Trimble - in
favor , Mayor Pro Tem Donovan - in favor , Councilman Akin -
in favor, Councilman Westerhof - in favor, Councilman DiTota
- in favor , Councilman Crane - in favor , and Councilman
Blakey - in favor . This motion carried with all in favor .
APPROVAL OF ORDINANCE ESTABLISHING MINIMUM REQUIREMENTS FOR
KEEPING AND/OR MAINTAINING ANIMALS WITHIN THE CITY OF WYLIE:
Motion was made by Councilman Westerhof to approve the
ordinance establishing minimum requirements for keeping
and/or maintaining animals within the City of Wylie .
Seconded by Mayor Pro Tem Donovan. The vote was as follows :
Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor ,
Councilman Akin - in favor, Councilman Westerhof - in favor,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor. This motion carried with
all in favor .
PRESENTATION FROM REPRESENTATIVE OF SPS MANN REQUESTING HIS
PENALTY AND INTEREST FOR 1986 TAXES BE WAIVED: The
representative for SPS Mann was not present at the meeting .
PRESENTATION BY MRS. ANNETTE NAISH REQUESTING AN ELECTION
FOR A ROLLBACK ON THE 1987 TAX RATE AND PRESENTING COUNCIL
WITH A PETITION FOR THE ROLLBACK: Mrs. Annette Naish of 512
Rustic Place stated she was here to present to Council a
petition for the rollback of the 1987/88 Tax rate of $ .59 .
Carolyn Jones your City Secretary said there are 2 ,628
registered votes within the City Limits of Wylie and we
would need 263 signatures of these votes for this rollback.
I am presenting a petition to you with 781 signatures of
registered voters. Council has 20 days to validate these
signatures . If Council does not do this , the State Property
G7
Tax Board will validate the signatures and call for the
election.
City Secretary Carolyn Jones wanted to correct a statement
that was made. Mrs. Jones said she marked the list of
registered voted as to those who lived within the City, but
as of this date has not counted them or given out any
figures .
Mayor Trimble recessed the open meeting and convened Council
into Executive Session under the Authority of Article 6252-
17 V.A.C.S . , Section 2 paragraph "g" personnel matters -
regarding 87-88 budget at 8 : 14 P .M. .
Mayor Trimble reconvened the open meeting at 8 : 55 P.M.
ACTION TO BE TAKEN FROM EXECUTIVE SESSION REGARDING
PERSONNEL: Motion was made by Councilman DiTota to direct
City Manager to file an amended budget to offset the
$200 ,000 .00 deficit from the previous fiscal year and come
back to the City Council and present this amended budget for
approval . Seconded by Mayor Pro Tem Donovan. The vote was
as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan
- in favor, Councilman Akin - in favor, Councilman Westerhof
- in favor , Councilman DiTota - in favor , Councilman Crane -
in favor , and Councilman Blakey - in favor . This motion
carried with all in favor .
APPOINTMENT BY CITY COUNCIL REPRESENTATIVES TO BE PLACED ON
THE BALLOT FOR THE COLLIN COUNTY CENTRAL APPRAISAL REVIEW
BOARD: Mayor Trimble called for nominations or volunteers .
Mr . Tim Paschall and Mr . Albert Naish volunteered to be
placed on the ballot. Motion was made by Councilman
Westerhof to place Mr . Paschall and Mr . Naish on the ballot
for the Central Appraisal Review Board. Seconded by
Councilman Blakey. The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Donovan - in favor, Councilman
Akin - in favor , Councilman Westerhof - in favor , Councilman
DiTota - in favor, Councilman Crane - in favor , and
Councilman Blakey - in favor . This motion carried with all
in favor .
CITIZEN PARTICIPATION: Mayor Trimble welcomed any of the
citizens to come forward at this time. Please state your
name and address and limit your comments to two (2) minutes .
Mrs . Annette Naish 512 Rustic Place wanted to know what the
amended budget means to the tax increase. Mayor Trimble
said nothing , it was using the money in different ways than
the first budget .
COUNCIL DISCUSSION: Councilman Akin apologized to the
citizens for the poor job of explaining the budget to you on
September 22, 1987 . This is truly a very dark day to our
City. This is the first time in 100 years to have a
rollback. Maybe this could have been avoided if we had let
everyone know what each item was in the budget . I apologize
for this poor job of explaining this budget .
Councilman DiTota said he wanted to thank the citizens that
are participating in the 88 Collin County Bond issues. It
is not to late to get involved in this . I urge the citizens
to come and get involved .
Councilman DiTota also stated that driving down FM544 ,
Murphy has started a clean up campaign and he would like for
staff to look into doing the same for Wylie, and get the
citizens involved .
City Manager John Pitstick said if anyone was interested in
serving on these committees to please contact Carolyn Jones .
The next meeting for the 88 bond issues is Thursday at
McKinney. We will meet in the parking lot at City Hall and
leave around 6 : 30 P.M. for McKinney.
Mayor Pro Tem Donovan apologized for missing these last
meetings . I have kept in touch and have been involved . I
will answer any questions anyone may have.
There being no other business , Mayor Trimble called for a
motion to adjourn. A motion was made to adjourn with all in
favor .
Chuck Trimble, Mayor.
ATTEST:
Carolyn Jones, City Secretary
PLANNING AND ZONING COMMISSION
MEETING - MINUTES
OCTOBER 15, 1987
The City of Wylie Planning and Zoning Commission met in
regular session on Thursday, October 15 , 1987 , in the
Community Room. A quorum was present and notice of the
meeting had been posted in the time and manner required by
law. Those present were Chairman Brian Chaney, Vice-
President Ben Scholz , Marty Stovall , Cecilia Wood, Bart
Peddicord, Bob Skipwith, R. P. Miller, Code Enforcement
Officer Roy Faires and Secretary Karen Blythe.
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the September 17 , 1987 , meeting . Chairman
Brian Chaney asked if there were any corrections to be made.
There were none . A motion was made by Bart Peddicord to
approve the minutes as they were. The motion was seconded
by Cecilia Wood. This motion carried with all in favor.
CONSIDER APPROVAL FOR RECOMMENDATION TO CITY COUNCIL FOR A
REPLAT OF LOTS 2 & 3 IN BLOCK 2 OF OAKS RETAIL: Brian
Chaney asked Roy Faires for some back ground information on
this item. Roy Faires stated that this was a retail area
and that this was a straight forward and simple request to
replat for sale purposes Bik. 2 & 3 . Mr. Faires said they
had checked with engineering and there was no need for any
water or sewer plans and this was simply a dividing of
property into smaller parts so it can be sold. Mr . Faires
said the staff did recommend approval . Brian Chaney asked
Mr . Faires if 3A, B,C,D were new lines being drawn in. Mr .
Faires replied yes. Brian Chaney stated that this was
pretty common request for commercial property. Mr . Chaney
asked if there were any questions and if there weren' t he
would seek a motion on this item. A motion was made by Bob
Skipworth to approve this item. The motion was seconded by
Marty Stovall . This motion carried with all in favor .
CONSIDER APPROVAL FOR RECOMMENDATION TO CITY COUNCIL FOR THE
FINAL PLAT FOR QUAIL HOLLOW ESTATES PHASE 2 FOR STREET
DEDICATIONS: Mr . Faires stated that when the developer had
come forward with Quail Hollow Estates, Phase II subdivision
there was a contract attached thereto which required the
developer to put in access streets prior to the time the
P.M. Akin school would open. Mr . Faires noted that they
have the plot plans to dedicate the additional 25 foot for
those streets that are necessary to the access of the
school . He also stated that the developer did not wish to
replat these lots at this time but that this was strictly
for the approval of street construction and dedication to
attach from the existing Heatherwood Drive, Lanwood Drive to
gain access to Rush Creek and Springwood Lane to gain access
to W. A. Allen Blvd . Brian Chaney asked if this would
cause any hardships as far as developing lots later . Mr .
Faires replied that it wouldn ' t . Mr . Faires noted that the
developer' s representative was here tonight and asked if
there were any questions any one would like to ask. Brian
Chaney asked if the developer' s representative if there was
anything he would like to add. Their representative
introduced himself as Tom Cravens with Lichiter/Jameson &
Associates representing David Griffin owner of the property.
Mr . Craven noted that the engineering plans had been
submitted to the city and approved by the city staff . The
school has dedicated their half and Mr . Griffin has
dedicated his half and will put in the entire street . Mr .
Cravens also added that bids had already been taken and work
would begin within a month. Brian Chaney asked if anyone
had any questions and stated that he felt like this was a
straight forward request and if there were no questions he
would seek a motion for approval . Vice-President Ben Scholz
made the motion to approve the final plat for the street
dedications. The motion was seconded by R.P. Miller . This
motion carried with all in favor .
DISCUSS AND CONSIDER APPROVAL FOR RECOMMENDATION TO CITY
COUNCIL FOR AMENDMENT FOR 84-10A - BUILDING CODES: Chairman
Brian Chaney asked Roy Faires for his oral presentation on
this item. Mr . Faires stated that this ordinance was
approved in 1984 and he felt before going to council that
this issue , which is based on the request of a local
builder , should be brought forth first to Planning and
Zoning. Over the past three years we have caused every
builder in Wylie to comply with this 75% of all vertical
wall are to be bricked as stated in the ordinance exclusive
of openings or other equally fire resistant material . Mr .
Faires went on to say he had a local builder come in who did
not meet the requirements of this ordinance. The builder
was not pleased with this ordinance and said he would like
the process started to amend it to make it only to the eight
foot level . Mr . Faires advised him he felt this would be
unjust for the City to do after everyone else has already
been forced to comply with it . Brian Chaney stated that
what they were doing here with this tonight was to discuss
to send forth to City Council whether or not this ordinance
was too strict, not strict enough, or should stand like it
is . Mr . Chaney noted that he was involved in the
construction business and he felt this ordinance was not
unfair or unjust . He said he felt this was good for the
community 20 to 40 years from now because a lot of homes
with siding people will not take care of them or seek proper
maintenance and if these houses should become rental
property he feels brick homes would stay a lot nicer than
homes with siding . Mr . Chaney stated that these were his
feeling and would like to know the feelings of the other
members. Bob Skipwith asked about his house and stated that
he had a high roof and brick up to the roof line . Mr .
Faires stated that Mr . Skipworth' s house was a single story
house completely brick to the eight foot line and normally
we have no problems with single story homes. Mr. Faires
added the house he was referring to was a two story house
and that you would have to have 100% brick on the first
eight feet in order to get to the 75% minimum. Mr. Faires
called their attention to the part of the ordinance which
says they could use other equally fire resistant material
for structural matter as approved by the building official .
Bob Skipworth stated that he did not feel like the City
should be changing rules in the middle of the stream. He
also said that this ordinance had been good in the past and
felt if the Council started changing ordinances for everyone
the City would have a lot of problems . R.P. Miller asked if
the ordinance required masonary at the ground level as far
as percentage because he felt that if there was not the
house could easily catch fire at the ground level . Mr.
Faires said there was not a requirement for the percentage
of brick at the ground level and he did agree with Mr .
Miller . Mr . Miller went on to say he had rather the
ordinance require all brick at the ground level . Brian
Chaney added if they all agree they should put forth to the
council if anything that this ordinance be strengthen and
not weakened . Mr . Miller commented we need to look at
general interest rather than special interest . Mr . Faires
asked the members to correct him if he was wrong but he felt
they were saying they would like the ordinance to remain as
is but if the Council wishes for you to consider it formally
at your next meeting you will at that time.
ADJOURN: There being no other business , a motion was made
by Ben Scholz to adjourn. The motion was seconded by Bob
Skipworth. This motion carried with all in favor .
Brian Chaney - Chairman
Respectfully submitted
Karen Blythe - Secretary
7
DATE: October 20, 1987
TO: John Pitstick, City Manager
FROM: Beverly Shockley, Librarian �/1
SUBJECT: Library Hours of Service
With the reduction in staff that was made necessary by the budget
considerations, I felt it necessary to review the hours of service of
the library. The staff is now composed of myself and one full time
library aide. It is my recommendation that the library be open from
10:00 A.M. to 7:00 P.M. Monday - Friday and be closed on Saturday.
This will continue to permit patrons time in the evenings to visit the
library. An additional part of my consideration was the fact that
Saturday has consistently been our slowest day of requested service
as far as circulation. This change will permit maximum staff service
to the patrons as well as staff security.
Your review and approval or further recommendations are requested. With
your approval, these new hours of operation for the library will be
instituted October 31, 1987.
Informal Report to Mayor and City Council
- SUBJECT: OATS: - Na
-87
LIBRARY HOURS OF SERVICE 10-2 0
The following circulation statistics reflect the Saturday use of the library
for the past six months.
April 4 - 42* Sept. 5 - Holiday
11 - 85 12 - 48*
18 - 42* 19 - 14*
25 - 59 26 - 75
(2 of 4 lowest with Avg. of 77 daily) (2 of 3 lowest with Avg. of
86 daily)
May 2 - 64
9 - 49* October (to date)
16 - 47 3 - 66
23 - 36* 10 - 68*
30 - Holiday 17 - 46*
(2 of 4 lowest with Avg. of 69 daily) (2 of 3 lowest)
June 6 - 37*
13 - 34*
20 - 44*
27 - 17*
(4 of 4 lowest with Avg. of 92 daily)
July 4 - Holiday
11 - 43*
18 - 43*
25 - 67*
(3 of 3 lowest with Avg. of 102 daily)
Aug. 1 - Closed
8 - 48*
15 - 54*
22 - 38*
29 - 35*
(4 of 4 lowest with Avg. of 86 daily)
With one exception you will note that the Saturday circulation is below the
daily average for each month. The numbers with the asterick indicate the
weeks when Saturday was the lowest day of the week's circulation. You will
again note that these are the lowest daily figures for 19 of 25 weeks for the
period noted.
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
10/221$7 _ Eubanks Lane Sewer Line Extension02.0
TO: JOHN PITSTICK, CITY MANAGER
FROM: RON HOMEYER, P.E. , ASSIST. CITY ENGINEER
DATE: OCTOBER 22 , 1987
RE: EUBANKS SEWER LINE EXTENSION
The above referenced project has been completed
and tested in accordance with the City of Wylie
Subdivision Ordinance and is fully operational and
acceptable. Please submit this item to the
Council on the next agenda so that formal
acceptance of this project can be received .
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
Ron Homeyer
FOR ADD.INFO. CONTACT: OTHER:
Ron Homeyer
0
CITY OF WYLIE
RECOMMENDATION FOR APPROVAL AND ACCEPTANCE
OF SUBDIVISION CONSTRUCTION OF: OTHER CONSTRUCTION
Project Name and Location c/,',4,j/AK e I i Lc//'ET,f LI/J'E
l,erfAi5/(i AI
Date Started: =7 - 7 Date Completed: /C- / 7 - 7
Lab and Other Tests:
Streets:Water Lines:
Sewer Lines: ALL ..._._.1'/4S3CL)
Manholes: ALL_-__f�j
Drainage:
._-...------
- -.. -
Storm Sewer:
Fees Paid:
Maintenance Bonds Filed:
We the under sign recommend the acceptance of the project
construction which has been cone in accordance with the
requirements of the City of Wylie.
Subdivision Inspector - — �
Sign Date
%IA L,f.CityEngineer w lC - g7
Sign Date
Accepted by City Council Date: 19
Final Inspection Prior to ( 1 ) year Date: 19
Signed:
Remarks:
Date of Notification 19
Person or Persons Notified
/!
` CITY OF WYLIE
PLANNING AND ENGINEERING DEPARTMENT
AIR TESTING OF SUBDIVISION SEWER MAINS
SUBDIVISION: ,F,/iSkt/A'S bt/ Test Procedure consists of either an Exfiltration
DEVELOPER: (j'/ty OF 1)01/L/LMethod or an Air Method. The maximum allowance
Exfiltration is 200 gpd/in.dia./mile. The maximum
ENGINEER: Cl7"V OF ILl VL/F
allowable pressure drop is 1.0 psig. at an
CONTRACTOR: ME , Y/C'S average pressure of 3.0 psig. Complete Test
CONTRACTOR'S REP. : \PM y k','VIPP Procedures may be obtained from the City Sub-
division Inspector.
DATE OF TEST: /Q_ / 7- 87
SECTIONS TESTED:
Location Line Pressure (psi ) Pressure Drop or
Water Loss Status
Length Diameter .
I psi or gpd/i n/mi )
Line From To Initial Final
(Feet) ( Inches) Actual Aable
C ' C
Ci Zr (.
, l5 ;cc - 5s / Z 4 - C 4 . 0 ;<
/5f C 4 . C C Ci.
City Inspector Contract r Representative
s
die
CITY OF WYLIE
108 S. JACKSON ST. — P.O. BOX 428
WYLIE, TEXAS 75098
(214)442-2236
October 22 , 1987
TO WHOM IT MAY CONCERN:
In accordance with the requirement of the Home Rule Charter ,
adopted January 19 , 1985 , Article 4 , Section 1D, the
following are designated to perform the duties of the City
Manager in case of his absence or disability:
First : James Johnson - Director of Finance
Second : Roy Faires - Code Enforcement Officer
The above designations are effective upon the date of this
letter and the subsequent ratification by the City Council
as required by the Charter . Such designations shall remain
in effect until there has been a significant change in the
personnel concerned or in their normal organizational
responsibilities .
The above mentioned designees are hereby reminded that such
designation is an acting and temporary assumption of the
authority and responsibilities of the office of City manager
and is granted by the individual holding that office. Any
action taken should be immediately reported to the City
Manager upon his return .
This letter supercedes that written on May 28 , 1986 and
subsequently ratified by the City Council .
J4:-PktilA
John Pitstick,
City Manager
cc : Members of City Council
Designees
RATIFIED BY THE CITY COUNCIL OF THE CITY OF WYLIE, A HOME
RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS ON THE 27TH
DAY OF OCTOBER-, 1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones , City Secretary
/3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO.
87-20, SECTION 1(a), TO PROVIDE SCHOOL ZONE HOURS OF 7:30 A.M. TO 8:30 A.M.
AND 2:30 P.M. TO 4:30 P.M. ON SCHOOL DAYS; AMENDING ORDINANCE NO. 86-78A,
87-21, 83-40, and 83-38 TO PROVIDE SCHOOL ZONE HOURS OF 7:30 A.M. TO 8:30
A.M., 11:00 A.M. TO 12:30 P.M., AND 2:30 P.M. TO 4:30 P.M. ON SCHOOL DAYS;
REPEALING ORDINANCE NO. 87-52 AND ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING
AN EFFECTIVE DATE.
DULY PASSED by the City Council of the City of Wylie, Texas, on the
day of , 1987.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO.
87-20, SECTION 1(a), TO PROVIDE SCHOOL ZONE HOURS OF 7:30 A.M. TO 8:30 A.M.
AND 2:30 P.M. TO 4:30 P.M. ON SCHOOL DAYS; AMENDING ORDINANCE NO. 86-78A,
87-21, 83-40, and 83-38 TO PROVIDE SCHOOL ZONE HOURS OF 7:30 A.M. TO 8:30
A.M., 11:00 A.M. TO 12:30 P.M., AND 2:30 P.M. TO 4:30 P.M. ON SCHOOL DAYS;
REPEALING ORDINANCE NO. 87-52 AND ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1.
That Ordinance No. 87-20 be, and the same is hereby, amended by adding Section
1(b) thereto to read as follows:
"SECTION 1.
(b) That the specified hours for the school location shown above as F.M. 544
South and East of S.H. 78 (Station 2+00 to Station 17+00) shall be from
7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 4:30 p.m. on school days."
SECTION 2.
That Ordinance No. 86-78A be, and the same is hereby, amended by adding Section
1B thereto to read as follows:
"SECTION 1.
B. That the school location and school speed limit of 20 miles per hour listed
above for F.M. 3412 (Brown Street) shall be effective from 7:30 a.m. to
8:30 a.m., 11:00 a.m. to 12:30 p.m., and 2:30 p.m. to 4:30 p.m. on school
days."
SECTION 3.
That Ordinance No. 87-21 be, and the same is hereby, amended by adding Section
1B thereto to read as follows:
"SECTION 1.
B. That the speed limit for the school location listed above in Section 1A1(c)
shall be effective from 7:30 a.m. to 8:30 a.m., 11:00 a.m. to 12:30 p.m.,
and 2:30 p.m. to 4:30 p.m. on school days."
/
SECTION 4.
That Ordinance No. 83-40 be, and the same is hereby, amended by amending
Section la and Section lc to read as follows:
"SECTION 1.
a. Beginning at the south right-of-way line of S.H. 78 in the City of Wylie,
thence in a southerly direction along Birmingham Street for a distance of
approximately 0.53 miles, to said streets junction with South Ballard Street -
a maximum speed of 30 miles per hour except between the hours of 7:30
a.m. and 8:30 a.m., 11:00 a.m. and 12:30 p.m., and 2:30 p.m. and 4:30 p.m.
on school days, when the maximum speed shall be 20 miles per hour.
c. Beginning at the south right-of-way line of S.H. 78 in the City of Wylie,
thence easterly along Kirby Street for a distance of appoximately 0.27
miles, to said streets junction with Birmingham Street - a maximum of 30
miles per hour except between the hours of 7:30 a.m. and 8:30 a.m., 11:00
a.m. and 12:30 p.m., and 2:30 p.m. and 4:30 p.m. on school days when the
maximum speed limit shall be 20 miles per hour."
SECTION 5.
That Ordinance No. 83-38 be, and the same is hereby, amended by adding Section
1B thereto to read as follows:
"SECTION 1.
B. That the 25 miles per hour speed limit for the school location listed in
subparagraph (c) above shall be in effect from 7:30 a.m. to 8:30 a.m.,
11:00 a.m. to 12:30 p.m., and 2:30 p.m. to 4:30 p.m. on school days."
SECTION 6.
That Ordinance No. 87-52 and all ordinances in conflict are hereby repealed.
SECTION 7.
Should any paragraph, sentence, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect the validity of this ordinance as a whole or any part or provision thereof,
other than the part so declared to be invalid, illegal or unconstitutional.
SECTION 8.
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court
of the City of Wylie, Texas, shall be punished by a fine not to exceed the sum of Two
Hundred Dollars ($200.00) for each offense, and each and every day any such violation
shall continue shall be deemed to constitute a separate offense.
/ICJ
SECTION 9.
This ordinance shall take effect immediately from and after its passage and the
publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Wylie, Texas, on the
day of , 1987.
APPROVED:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
111042,1u
CITY ATTORNEY
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
10/22/87 AMENDMENT NO. 17 TORT REFORM_
TO: Mayor and City Council
FROM: Carolyn Jones, City Secretary
The Texas Municipal League has requested all
cities to back Amendment No. 17 on the
November 3rd, general election.
This amendment is explained in detail on the
following pages and will be of great help
to cities.
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
Carolyn Jones
FOR ADD.INFO. CONTACT: OTHER:
RESOLUTION NO. 87-10-27-87
A RESOLUTION SUPPORTING AMENDMENT NO. 17 ON THE
NOVEMBER 3, 1987 GENERAL ELECTION BALLOT
WHEREAS , the Texas Legislature has passed and the Governor
has signed historic tort reform measures ; and
WHEREAS, those tort reform measures are highly advantageous
for Texas cities and will provide a large measure
of predictability and stability with regard to
municipal liability; and
WHEREAS, one of those tort reform measures has caused the
following proposed Constitutional amendment to be
placed on the November 3, 1987 general election
ballot :
"The Constitutional amendment authorizing the
legislature to define for all purposes the
governmental and proprietary functions of a
municipality; " and,
WHEREAS, such proposed amendment shall appear on the ballot
as Amendment No. 17 ; and
WHEREAS, the passage of Amendment No. 17 is needed to
ensure meaningful and lasting tort reform for
Texas cities; and
WHEREAS, the Texas Municipal League has endorsed passage of
Amendment 17 ;
NOW, THEREFORE, BE IT RESOLVED BY THE WYLIE CITY COUNCIL
that the Council vigorously support the passage of
Amendment No. 17 .
Chuck Trimble, Mayor
ATTEST :
Carolyn Jones, City Secretary
TEXASTM L
MUNICIPAL LEAGUE
OCT 2 2 i90
October 20, 1987
MEMORANDUM
TO: TML Member Cities
FROM: TML Staff
SUBJECT: Enclosed Material
As you may know, the membership of the Texas Municipal League has endorsed
the passage of Amendment 17 on the November 3 general election ballot. This
action was taken at the League's annual business meeting on October 10, 1987
in Fort Worth. The membership also voted to: ( 1) encourage each member city
to pass a resolution supporting Amendment 17; and (2) to ask each city to
issue a press release to its local newspaper(s).
Accordingly, we have enclosed the following material :
1. A background paper about Amendment 17;
2. A sample resolution; and
3. A sample, fill-in-the-blank press release.
We ask that your council adopt the resolution and issue the press release to
your local newspaper along with a copy of the approved resolution. We addi-
tionally ask that you encourage your entire staff to vote on November 3 and to
support Amendment 17. You may want to consider initiating the following
actions:
1. Hold staff memetings or employee orientation sessions for all
employees concerning the importance of Amendment 17 to cities.
Remind them that if city liability costs continue to escalate
there will be less funds available for employee benefits,
equipment, etc. Thus, it is in all employees' best interest to
support Amendment 17.
2. Reproduce the enclosed "background paper" for all employees.
3. Encourage all employees to vote on November 3 and ask that they
in turn urge their friends, relatives, and neighbors to vote and
support Amendment 17. In many areas of the state a Tight voter
turnout is expected. Thus, if a substantial number of municipal
employees vote, the chances of Amendment 17 being adopted are
enhanced.
If you have any questions or if we can help you in any way, please call.
Thank you for your assistance.
211 East Seventh, Suite 1020 • Austin, Texas 78701-3283 • (512) 478-6601
Amendment Number 17 -
Tort Reform
When Texas voters go to the polls on November 3, they will face twenty-five
proposed amendments to the Texas Constitution, as well as two referenda.
Several of the 25 proposed amendments, particularly Amendment 17, are extremely
important to Texas cities.
Amendment 17 was placed on the ballot when Senate Joint Resolution 26 was
passed by the 70th regular session of the Texas legislature. S.J.R. 26 was an
integral part of the TML-backed tort reform package.
Amendment 17 would authorize the legislature--not the courts--to define the
"governmental" and "proprietary" functions of Texas cities. The distinction
between these two kinds of municipal functions is important from the standpoint
of municipal liability exposure.
A governmental function is generally understood to be one which a city performs
as a political subdivision of the state and which benefits, directly or
indirectly, all citizens of the state. A proprietary function, on the other
hand, is one which a city undertakes purely for the benefit of its municipal
citizens.
When a city is engaged in a governmental function, its potential liability is
limited. When it is engaged in a proprietary function, however, there are no
limits to its potential liability. The distinction between the two kinds of
functions, then, is a key determinant of a city's potential exposure to
liability claims.
Until the 1987 session of the legislature, state law did not provide lists of
governmental and proprietary functions. As a result, the courts have decided,
on a case-by-case basis, which municipal functions are proprietary and which
are governmental. These court decisions have resulted in a crazyquilt of
municipal liability. For example, proprietary functions--according to the
courts--include street and sidewalk construction and maintenance, storm sewers,
provision of water and electricity, parks and recreation activities, and more.
In other words, the courts had found that these functions were not governmental
functions, and limited liability did not apply to them.
To add to the confusion, maintenance of traffic signals has been held to be a
governmental function, though street maintenance is proprietary. Provision of
wastewater service is governmental, though water service is proprietary.
Sanitary sewers are governmental, but storm sewers are proprietary. The
operation of garbage trucks is governmental, but the repair of garbage trucks is
proprietary. The examples go on and on.
Tort reform measures passed this year will change that. S.B. 5, First Called
Session, actually lists governmental and proprietary functions. What's more,
many functions which S.B. 5 lists as governmental had previously been classified
by the courts as proprietary. In fact, the list of proprietary functions, for
which a city has unlimited liability, includes only three activities:
o Operation and maintenance of a public utility (but not water or
sewer systems, which are classified as governmental) ;
o Municipally owned and operated amusements (but not swimming pools,
beaches, marinas, or fireworks displays, which are classified as
governmental) ; and
o Abnormally dangerous or ultrahazardous activities.
Further, the law specifies that the three proprietary functions do not include
any of the listed governmental functions.
All other municipal activities are classified by S.B . 5 as governmental and are
subjected to a limited waiver of immunity and to liability limits: $250,000
per person/$500,000 per occurrence for bodily injury or death/$100,000 per
occurrence for property damage.
But S.B. 5 may very well be held to be unconstitutional unless Amendment 17 is
passed. This is because Article I , Section 13 of the Texas Constitution, known
as the "open courts" article, declares that "all courts shall be open, and
every person for an injury done him, in his lands, goods, person or reputation,
shall have remedy by due course of law."
That provision has been broadly interpreted to mean that the legislature cannot
limit access to the courts or to judicial remedies. Amendment 17, however,
makes it clear that legislation which classifies municipal functions as govern-
mental or proprietary is constitutional. Without the passage of Amendment 17,
though, the structure of tort reform for Texas cities can be undone.
/
NEWS RELEASE
OCTOBER 27, 1987
Mayor Trimble of City of Wylie today expressed support for
Amendment Number 17 on the November 3 general election
ballot . The Mayor said that Amendment 17 must pass if Texas
cities are to successfully face the liability insurance
crisis which has plagued municipal government for several
years .
Amendment 17 would empower the state legislature, and not
the courts, to determine how much liability a city has for
each of its activities . Some municipal activities , known as
"governmental" activities , are subject to limits of
liability. For other activities , known as "proprietary"
activities, the city faces unlimited liability.
"The amendment will finally bring some predictability to the
municipal insurance marketplace," the Mayor said, "because
it will allow the legislature to specifically determine
which activities are governmental and which are proprietary.
I believe that with predictability will come stabilized
insurance costs ."
Historically in Texas, the courts have decided whether a
municipal function was governmental or proprietary. "Each
court decision changed the playing field" , and insurance
premiums continued to climb, if coverage was available at
all .
The Mayor noted that premiums for municipal liability
insurance have skyrocketed in recent years, and pointed out
that taxpayers suffer when municipal insurance rates
increase, because taxpayers ultimately pay the premiums .
"We believe that over the long term, Amendment 17 will helpCs)?
hold costs down, " the Mayor said .
"Amendment 17 will not allow any city to avoid liability
lawsuits, but it will allow us to plan better for them and
to better predict our losses ."
The Texas Municipal League, of which the City of Wylie is a
member , resoundingly endorsed passage of Amendment 17 at the
League' s Annual Conference in Fort Worth on October 10 .
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
10/22/87 SPRING CREEK PARKWAY AND SANDEN BLVD.
TO: MAYOR AND CITY COUNCIL
FROM: JOHN PITSTICK, CITY MANAGER
DATE: OCTOBER 22, 1987
SUBJECT: AUTHORIZATION TO PROCEED WITH REALLOCATION OF 1983
COLLIN COUNTY BOND FUNDS AND ADMINISTRATION DESIGN
AND CONSTRUCTION OF SPRING CREEK PARKWAY AND
SANDEN BLVD.
This item is brought forward to Council to allow
the City Manager to proceed with the allocation
and funding of Spring Creek Parkway and Sanden
Blvd. . Our current 1983 Collin County Bond
funding is as follows :
Spring Creek Parkway $1 ,080 ,000 .
Plano Parkway $ 747 ,500 .
Highway 78 $ 100 ,000 .
It is my understanding that Council would like to
reallocate the Plano Parkway and Highway 78 monies
to build Sanden Blvd . between FM 544 and Highway
78 .
The new allocation would be as follows :
Spring Creek Parkway $1,080,000 .
Sanden Blvd. $ 847, 500 .
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
John Pitstick
FOR ADD.INFO. CONTACT: OTHER:
John Pitstick
DATE: SUBJECT: - NO: PAGE
10/22/87 SPRING CREEK PARKWAY AND SANDEN BLVD _2_.OF_2_.
Given City Council authorization I will proceed
with the reallocation of funds and work with
Collin County officials for rights-of-way, design
and construction. In my opinion the Collin County
Public Works Department Staff should be designated
for administrative and inspection of both projects
with direction from the City of Wylie.
Following reallocation of funds at the county
level , we will proceed with hiring an engineer to
design the projects and hope to go out for
construction bids in a few months .
Our concern is the amount of funding for Sanden
Blvd. considering a major railroad and bridge
crossing .
If these funds are not sufficient we may have to
build Sanden Blvd . in two phases.
Possible phasing of Sanden Blvd. :
Phase 1 - 1983 Bond Funds FM544 to Bridge
Phase 2 - 1988 Bond Funds Bridge to
Highway 78
City Council will be kept up to date at each phase
of operation.
RESOLUTION NO. 87-10-27-83-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS TO AUTHORIZE THE CITY MANAGER TO REPRESENT THE
CITY OF WYLIE FOR ALLOCATION OF 1983 COLLIN COUNTY BOND
FUNDS AND ADMINISTRATION DESIGN AND CONSTRUCTION OF
SPRING CREEK PARKWAY AND SANDEN BLVD:
WHEREAS, The voters of Collin County approved the 1983 Bond
Program which included funds for the Spring Creek
Parkway and Plano Parkway and Highway 78 ;
WHEREAS, The City Council/City Staff and Collin County
Commissioners and Staff have met and discussed the
reallocation of these funds so as to complete the
Spring Creek Parkway and Sanden Blvd . in an
expedient manner;
WHEREAS, it is the desire of the Wylie Council to proceed
with these projects without further delay and
wishes to allow the City Manager to proceed with
this reallocation so that Spring Creek Parkway and
Sanden Blvd. can be proceeded with at the earliest
possible date;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 : That the City Manager be authorized to represent
the City in the use of 1983 County Bond Fund
allocated for public road improvements . That the
City Manager is authorized to proceed with these
funds in the administration, design and
construction of these public roadway
improvements .
SECTION 2 : That the Plano Parkway funds ($747 ,500 . )
allocation and the Highway 78 allocation
($100 ,000. ) be reallocated to the Sanden Blvd .
construction project and Spring Creek Parkway
project remains as same.
SECTION 3: That the funds will be used for the design,
right-of-way acquisition and construction of
these projects with Collin County Public Works
Staff designated for the administration and
inspection of both projects and the City hiring
an engineering firm to design the projects .
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
ON THE 27TH DAY OF OCTOBER, 1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
C21
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
10/22/87 NEGOTIATE LEASING OF SPACE IN THE NEW COMPLEX
TO: JOHN PITSTICK, CITY MANAGER
FROM: JAMES JOHNSON, FINANCE DIRECTOR
DATE: OCTOBER 22 , 1987
RE: SQUARE FOOTAGE PRICE - NEW MUNICIPAL COMPLEX
The $10 . 19 per square foot figure is based on
26, 600 usable space and according to the following
estimated break down for 1987-88 :
Debt Service $185 ,000 .
Janitorial Service $ 20,000 .
Insurance $ 9.000 .
Operations and
Maintenance $ 15 ,000 .
Utilities $ 42,000 .
Total $271,000 .
$271 ,000 . divided by 26 ,600 = $10 .19 per square foot
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
John Pitstick
FOR ADD.INFO. CONTACT: OTHER:
John Pitstick
RESOLUTION NO. 87-10-27-87-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS AUTHORIZING THE CITY MANAGER/STAFF TO NEGOTIATE
LEASING OF SPACE IN THE NEW MUNICIPAL COMPLEX AND
ESTABLISHING A SQUARE FOOTAGE PRICE:
WHEREAS, the City of Wylie has recently accepted the new
Municipal Complex; and
WHEREAS, the space usage for City functions will not
completely utilize all the space available;
WHEREAS, it is the desire of the City Council to lease
unused space to other governmental units and other
public services concerns at a price to offset
debt, operation and maintenance, janitorial ,
insurance and utility costs;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS;
SECTION 1 : That the City Manager and Staff are authorized to
negotiate with other governmental units, public
service agencies and other public service
concerns for leasing available space in the new
Municipal Complex at 2001 Highway 78 N. That any
leases will be subject to the final approval of
the Council .
SECTION 2 : That the square footage lease costs shall be set
at lease annually by the City Council based on
true operational costs of the building . The
square footage lease costs for FY 87-88 is
established at $10 .19 per square foot based on
debt, janitorial , operations and maintenance,
utilities (water , sewer , gas and electric) .
SECTION 3: That the lessee shall be responsible for their
own telephone equipment and monthly service
billings .
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
ON TH 27TH DAY OF OCTOBER, 1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
10/22/87 VALIDATION OF TAX ROLLBACK PETITION
TO: Mayor and City Council
FROM: Carolyn Jones, City Secretary
The rollback petition was given to me at the October 13th
meeting and I was asked by the Mayor to check each of
the signatures.
There were a number of signatures that I marked
off as not being correct.
I have found 586 signatures to be true and
correct to the voters registers list.
ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL
Carolyn Jones
FOR ADD.INFO. CONTACT: OTHER:
Carolyn Jones
O
RESOLUTION NO. 87-10-27-87-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS VALIDATING THE TAX ROLLBACK PETITION IN
ACCORDANCE WITH SECTION 26.07 OF THE TEXAS PROPERTY
TAX CODE:
WHEREAS, a tax rollback petition was presented to the City
Council at a regular meeting on October 13, 1987 ;
WHEREAS, the petition was found to contain Five Hundred
Eighty-six (586) valid voter signatures;
WHEREAS, Two Hundred Sixty-three valid voter signatures
were required for the petition to be validated;
WHEREAS, the petition was found to be in conformance with
the Taxes Property Tax Code, Section 26 .07 ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 : That the City Council hereby resolves that the
petition presented on October 13, 1987 is hereby
validated and contains Five Hundred Eighty-six
(586) valid voter signatures.
SECTION 2 : That the City Council will act shortly to set the
tax rollback election date.
SECTION 3: That the Council validates the petition within
the Twenty (20) days required by law.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
ON THIS THE 27TH DAY OF OCTOBER, 1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
349
NOTICE OF GENERAL ELECTION
(AVISO DE ELECCION GENERAL)
To the Registered Voters of the City of Wylie, Texas :
(A los votantes registrados del Cuidad de Wylie, Texas: )
Notice is hereby given that the polling places listed below
will be open from 7 : 00 A. M. to 7 : 00 P . M. on January 9 ,
1988 for voting in a general election for reducing the tax
rate in the City of Wylie.
(Notifiquese, por las presente , que las casillas electroales
sitados abajo se abriran desde las 7 : 00 A.M. hasta las 7 : 00
P . M. el 9th de January, 1988 para votar en la Eleccion
General para reduccion el Porcentaje Impuesto de para del
Cuidad de Wylie, Texas) .
LOCATION OF POLLING PLACE: First United Methodist Church
Fellowship Hall
(DIRECCION DE LAS CASILLAS ELECTROALE) : Uno Unidad Iglesia
Methodist Felofip
Hol
Absentee voting by personal appearance will be conducted
each weekday at 2001 Highway 78 , City Hall in the City
Secretary' s Office between the hours of 8 : 00 A. M. and 5 : 00
P. M. beginning on December 21 , 1987 and ending on January
5 , 1988 .
(La votacion en ausencia en persona se llevara a cabo de
lunes a viernes en 2001 Highway 78 , Ciudad Hol , Ciudad
Secretario ' s Oficio , entre las 8 : 00 de la manana y las 5 : 00
de la tarde empezando el December 21 , 1987 terminado el
January 5, 1988) .
Applications for ballot by mail shall be mailed to:
(Las solicitudes para boletas que se votaran en ausencia por
correo deberan enviarse a : )
Carolyn Jones, City Secretary
Absentee Voting Clerk
P 0 Box 428
Wylie , Texas 75098
Applications for ballots by mail must be received no later
than the close of business on December 31 , 1987 .
(La solicitudes para boletas que se votaran en ausencia por
correo deberan recibirse para el fin de las horas de negocio
el December 31 , 1987 . )
Issued this the 27th day of October, 1987 .
(Emitada este dia 27th de October , 1987 .
Chuck Trimble, Mayor
Chuck Trimble, Alcalde
ORDER OF ELECTION FOR MUNICIPALITIES
An election is hereby order to be held on January 9 , 1988
for the purpose of :
REDUCING THE TAX RATE IN THE CITY OF WYLIE
Absentee voting by personal appearance will be conducted
each weekday at 2001 Highway 78 , Wylie, Texas , between the
hours of 8 : 00 A. M. and 5 : 00 P . M. beginning on December 21 ,
1987 and ending on January 5 , 1988 .
Applications for ballot by mail shall be mailed to :
Carolyn Jones , City Secretary
Absentee Voting Clerk
P 0 Box 428
Wylie, Texas 75098
Applications for ballots by mail must be received no later
than the close of business on December 31 , 1987 .
Issued this the 27th day of October , 1987 .
Chuck Trimble, Mayor
ORDEN DE ELECCION PARA MUNICIPIOS
Por la presente se ordena que se llevara a cabo una eleccion
el January 9 , 1987 con el proposito de :
REDUCCION EL PORCENTAJE IMPUESTO DE PARA DEL CUIDAD DE
WYLIE , TEXAS
La votacion en ausencia en persona se llevara a cabo de
lunes a viernes en 2001 Highway 78 , entre las 8 : 00 de la
manana y las 5 : 00 de la trade empezando el December 21 , 1987
y terminando el January 5 , 1988 .
Las solicitudes para boletas que se votaran en ausencia por
correo deberan enivarse a :
Carolyn Jones , Ciudad Secretario
Votacion En Ausencia
P 0 Box 428
Wylie, Texas 75098
Las solicitudes para boletas que se votaran en ausencia por
correo deberan recibirse para el fin de las horas de negocio
el December 31 , 1987 .
Emitida este dia 27th de October, 1987 .
Chuck Trimble, Alcalde
RESOLUTION NO. 87-10-27-87-4
A RESOLUTION OF THE CITY OF WYLIE, TEXAS VOTING ON THE
CANDIDATES FOR THE BOARD OF DIRECTOR FOR COLLIN COUNTY
CENTRAL APPRAISAL DISTRICT
WHEREAS, The City of Wylie has 27 votes to cast on the
ballot for the candidates for the Board of
Directors for Collin County Central Appraisal
District .
WHEREAS, The City Council of the City of Wylie must cast
these 27 votes in an open meeting ,
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 did
cast their 27 votes during the regular Council
meeting on October 27 , 1987
SECTION 2 The 27 votes were cast as follows:
DR. LEO FITZGERALD VOTES
ANTHONY GEER VOTES
TONY GIST VOTES
DON HIGGINS VOTES
LARRY JACKSON VOTES
BOB KING VOTES
ALBERT NAISH VOTES
TIM PASCHALL VOTES
JACK SCOTT, JR. VOTES
HOWARD THORNTON VOTES
GEORGE WEBB VOTES
DULY PASSED ON THE 27TH DAY OF OCTOBER, 1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
�1�
•
ij
oct 2 01187 I
CENTRAL APPRAISAL DISTRIC 1.A\I 1_J
OF
BOARD OF DIRECTORS COLLIN COUNTY CHIEF APPRAISER
Dr. Leo Fitzgerald,Chairman Jimmie C.Honea,CTA,RPA
Anthony Geer,Secretary 1201 W. 15th Street, Room 136
Don Higgins Plano, Texas 75075
Larry Jackson
Jack Scott.Jr. 214/423-8802 October 19, 1987
214/542-0306
John Pitstick, City Manager
City of Wylie
P. O. Box 428
Wylie, Texas 75098
Dear James:
Enclosed you will find the ballot listing the nominees for the Board of Director positions
for the Central Appraisal District of Collin County. The candidates are listed
alphabetically by their last name.
Each voting unit must vote in open meeting, report its vote by written resolution, and
submit it to the Chief Appraiser by November 16, 1987. Each unit may cast all its
votes for one candidate or distribute the votes among any number of the candidates
listed. Since their is no provision for write-in candidates, the Chief Appraiser may
not count votes for someone not listed on the official ballot.
If any questions should arise prior to your voting, please feel free to contact me.
Sincerely,
i
•
mmie C. Honea,
Chief Appraiser
JCH/dlw
Enclosure
Staff Report to Mayor and City Council
DATE: SUBJECT: NO: 7
10/22/87 _ Bids for Paving of Cottonbelt & Park Rd.
TO: JOHN PITSTICK, CITY MANAGER
FROM: JAMES JOHNSON, DIRECTOR OF FINANCE
DATE: OCTOBER 22 , 1987
RE: COTTONBELT AND PARK ROAD - PAVING BIDS
The attached sheet shows four (4) bids received on
the paving of Cottonbelt and Park Road - a recap
of them:
Hasty Brothers $15 ,000 .
Marriott Construction $12 , 255 .
Austin Paving $12 ,573 .
APAC Texas Bitulithic $11,232
Given the City costs of purchasing materials
(asphalt only) is $7,000 .00 . Staff recommends the
bid award to to low bid .
APAC TEXAS BITULITHIC $11,232 . 00
Adequate funds are available in Depart 420 -
asphalt budget item.
ORIGINATING DEPT AD DISPOSITION BY COUNCIL
FOR ADD.INFO. CONTA . OTHER:
t
Staff Report to Mayor and City Council
DATE: SUBJECT: NO:
10/21/87 Paving of Cottonbelt & Thomas
TO: JOHN PITSTICK, CITY MANAGER
FROM: DON WHITE, PUBLIC WORKS SUPT.
DATE: OCTOBER 21, 1987
RE: THOMAS AND COTTONBELT STREETS
Bids for overlay on Thomas and Cottonbelt were
opened on October 21 , 1987 with the lowest bid
being $11 ,2232 ,00 and was submitted by APAC Texas
Bitulithic Division . After reviewing cost
estimates for City crews to do the work, it would
entail purchasing asphalt at a cost of $7 ,000 . 00 ,
MC-30 prime coat $1 ,500 .00 and labor at $1,280 .00,
bring the total cost to $9 ,780 .00 . I feel it
would be in the best interest of citizens tax
dollars to accept the lowest bid . The difference
in cost is relatively small ($1 ,452 .00) compared
to the quality of the finished product,
considering the equipment and man power that the
City has to work with.
,
ORIGINA' t DEPT.HEA DISPOSITION BY COUNCIL
ov A(
FOR AD a.INFO. CONTACT: OTHER:
TALLY SHEET
BID ITEM: Paving of Thomas Street & Cottonbelt Avenue DATE: October 21, 1987
BID NO. : 88-01
TIME: 2:08 P.M.
BID GOOD BID ITEM/ COMMENTS/DELETIONS/ADDITIONS
VENDOR THROUGH ITEM NUMBER / DITIONS
AMOUNT TO ORIGINAL BID
HASTY BROTHERS Thomas Str./Cottonbelt Ave.
$15,000.00 total
MARIOTT CONSTRUCTION 30 days Thomas Str./Cottonbelt Ave.
$12,255.00 total
AUSTIN PAVING 30 days Thomas Str./ Cottonbelt Ave.
$12,573.00 total
APAC 30 days Thomas Str./Cotton elt Ave. total*
b $11 ,232.00
Public Notice
Invitation To Bid
Sealed Bids will be received by the City of Wylie, Finance Department,
Purchasing Agent, at 108 S. Jackson, P.O. Box 428, Wylie, Texas 75098,
until 2:00 P.M. , October 21, 1987.
At said time and place, and promptly thereafter, all bids that have
been duly received will be publicly opened and read aloud.
The proposed work is for contract paving of Thomas Stree and Cottonbelt
Avenue in Wylie, Texas. Contract work will also include all necessary
barricading and traffic re-routing signs and necessary personnel to
insure public saftey at all times. Preparation work will be done by
the City of Wylie. The portion of Thomas Street to be paved will be
approximately 860 linear feet in length and 18 ft. in width. The portion
of Cottonbelt to be paved is approximately 700 L.F. in length and
18 ft. in width.
Bids will be received on a lump sum basis. The successful bidder
will be required. to furnish a Performance Bond and a Labor
and Materials Payment Bond acceptable to the City of Wylie for
one hundred percent (1002) of the contract guaranteeing faithful
performance and payment of all bills and obligations arising from the
contract. The successful bidder will be required to conform to the
local labor standards. The City reserves the right to reject all bids,
waive informalities, and to reject nonconfroming, nonresponsive, or
conditional bids.
Specifications for the hot-mix asphaltic concrete pavement on Thomas
Street and Cottonbelt Avenue are detailed on a specification sheet
that can be picked up at City Hall or forwarded to intrrested bidders.
MEMORANDUM
DATE: ?
7
TO: John Pitstick. City Manager
FROM: Ron Homever. Asst. City Engineer
SUBJECT: Flat and/or Plans Approval
ZW/(/5.
The materli od DV the Engineering
Department as being complete and acceptable for placement on
the next approPriate agenda.
C] Preliminary Flat to Planning and 'Zoning
CD Preliminary Plat to City Council
CD Final Flat to Planning and Zoning
E: Final Flat to City Council
C:onstruction Plans to
con'atructifDh
tc Ciy Council +c subdivision
-7-74i7t5 /6' 4
_ _
i/v 4/
REpa ,srs
Informal Report to Mayor and City Council
SUBJECT: °ATE: NO:
RECIPROCAL AGREEMENT 10-21-87
We have attended the meeting of the Dallas County Electrical
Advisory Board, applied for membership and have been
accepted.
We are now in the process of completing and sending proposed
contracts to various cities as previously directed by
Council.
Informal Report to Mayor and City Council
SUBJECT: _DATE: NO:
DEPARTMENTAL ACTIVITY 10-21-87
The department presently has two vacant substandard
buildings in the final sixty days of the process.
We also are in the process of causing one broken sewer line
to be repaired.
R"41
Informal Report to Mayor and City Council
SUBJEu j: DATE: NO:
P & Z DISCUSSION 10-21-87 ---5
As reflected by the P & Z Minutes in this packet, a request
was made by a local builder for an informal discussion in
regards to the 75% brick requirement of the local ordinance.
The tone of the discussion indicated that rather than lower
or weaken the ordinance we should in fact increase or make
more stringent the requirements of this ordinance.
Unless directed differently by the Council it is the
intention of this department not to pursue this matter any
further.
Publish Times. •
Date. •
OCT 191987
1\1 1.}
NOTICE OF REGULAR MEETING
OF THE BOARD OF DIRECTORS
of the
CENTRAL APPRAISAL DISTRICT
of
COLLIN COUNTY
Notice is hereby given that on the 22nd day of October, 1987, the Board
of Directors of the Central Appraisal District of Collin County will hold
a regular meeting in the Central Appraisal District Office, 1201 West 15th
Street, First Floor Conference Room, Plano, Texas. The subjects to be
discussed are listed on the agenda which is attached to and made a part
of this notice. The Board will be in executive session from 7:00 o'clock
until 7:30 o'clock, P.M., and the regular session will begin at 7:30 o'clock,
P.M.
On this 16th day of October, 1987, this notice was filed with the County
Clerk of Collin County, Texas, and an original copy was,,po ed on a
bulletin board in the Collin County Court House at . O b ,
on said date.
•WL;;;:oz..
Jimmie C. Honea
Chief Appraiser
Phone 423-8802
evcy/
AGENDA
BOARD OF DIRECTORS
CENTRAL APPRAISAL DISTRICT
of
COLLIN COUNTY
REGULAR MEETING - THURSDAY OCTOBER 22, 1987
CENTRAL APPRAISAL DISTRICT OFFICE
1201 West 15th Street, First Floor Conference Room
Plano, Texas
L EXECUTIVE SESSION
A. Personnel Matters
B. Litigation
II. REGULAR SESSION - (7:30 P.M.)
A. Call to Order: Announcement by chairman whether a quorum
is present and that notice of the meeting has
been posted for the time and manner required
by law.
B. Approval of Minutes from September Regular Meeting
C. Review of September Bills
D. September Financial Reports
E. Approval of Purchases Funded in Budget
F. Bid on Copy Machine
G. Appraisal for J. C. Penney
H. November and December Meeting Dates
L Chief Appraisers Report
IV. AUDIENCE
Hear persons wishing to address the Board.
V. ADJOURNMENT
Issued by Secretary of State
9/87
FILING SCHEDULE OF CONTRIBUTION AND EXPENDITURE REPORTS
FOR THE 1988 UNIFORM ELECTION DATES
The following schedule applies to persons (other than monthly filing committees)
involved in municipal, school board, and other political subdivision elections held
on the four uniform election dates and to persons required to file semi-annual
reports. Persons involved in the primary election or elections held on other dates
should consult Chapter 254 of the Election Code, or contact the Elections Division
at 1-800-252-VOTE (8683) or the Disclosure Filings Section at (512) 463-5704.
Filing deadline a Persons required to file Period covered
SEMIANNUAL REPORTb,c
January 15, 198E All candidates, all From the date of ap-
specific-purpose pointment of campaign
committees, all general- treasurer or end of the
purpose committees not last period reported, as
filing monthly, and applicable, through
certain officeholders December 31, 1987
JANUARY 16, 1988 ELECTIONd,e,f,g,h,i
December 17, 1987 Opposed candidates, certain From the date of ap-
(30th day before the specific-purpose committees, pointment of campaign
election) and all general-purpose treasurer or end of the
committees not filing last period reported, as
monthly involved in the applicable, through
election December 7, 1987
January 8, 1988 Opposed candidates, certain From December 8, 1987,
(8th day before the specific-purpose committees, through January 6, 1988
election) and all general-purpose
committees not filing
monthly involved in the
election
MAY 7, 1988 ELECTIONd,e,f,g,h,i
April 7, 1988 Opposed candidates, certain From the date of ap-
(30th day before the specific-purpose committees, pointment of campaign
election) and all general-purpose treasurer or end of the
committees not filing last period reported, as
monthly involved in the applicable, through
election March 28, 1988
FOR FOOTNOTES SEE PAGE 3
-1-
April 29, 1988 Opposed candidates, certain From March 29, 1988,
(8th day before specific-purpose committees, through April 27, 1988
the election) and all general-purpose
committees not filing
monthly involved in the
election
SEMIANNUAL REPORTb
July 15, 1988 All candidates, all specific- From the date of ap-
purpose committees, all pointment of campaign
general-purpose committees treasurer or end of the
not filing monthly, and last period reported, as
certain officeholders applicable, through
June 30, 1988
AUGUST 13, 1988 EI.ECTIONd,e,f,g,h,i
July 14, 1988 Opposed candidates, certain From the date of ap-
(30th day before the specific-purpose committees, pointment of campaign
election) and all general-purpose treasurer or end of the
committees not filing last period reported, as
monthly involved in the applicable, through
election July 4, 1988
August 5, 1988 Opposed candidates, certain From July 5, 1988,
(8th day before the specific-purpose committees, through August 3, 1988
election) and all general-purpose
committees not filing
monthly involved in the
election
NOVEMBER 8, 1988 ELECTIONd,e,f,g,h,i,j
October 11, 1988k Opposed candidates, certain From the date of ap-
(30th day before the specific-purpose committees, pointment of campaign
election) and all general-purpose treasurer or end of the
committees not filing last period reported, as
monthly involved in the applicable, through
election September 29, 1988
October 31, 1988 Opposed candidates, certain From September 30, 1988,
(8th day before the specific-purpose committees, through October 29, 1988
election) and all general-purpose
committees not filing
monthly involved in the
election
SEMIANNUAL REPORTb,c
January 17, 1989k All candidates, all specific- From the date of ap-
purpose committees, all pointment of campaign
general-purpose committees treasurer or end of the
not filing monthly, and last period reported, as
certain officeholders applicable, through
December 31, 1988
FOR FOOTNOTES SEE PAGE 3
-2-
FOOTNOTES
a The deadline for filing a statement is 5 p.m. on the designated date. Tex. Elec.
Code Ann. sec. 254.037.
b Persons who hold county or political subdivision offices are not required to file
semiannual reports as officeholders if they have not accepted more than $500 in po-
litical contributions or made more than $500 in political expenditures during the
period governed by this report. Sec. 254.095. However, note that if they are also
candidates, they will be required to file semiannual reports as candidates. See
secs. 254.063, 254. 184.
A monthly filing general-purpose committee that reverts to filing reports in re-
latior to its involvement in an election by properly filing its intent to do so
must also file this report to cover the previously unreported period. Sec.
254. 155(c) .
d In the event a political committee becomes involved in an election after the
close of any period covered by the regular reports otherwise required, the commit-
tee's first report regarding that election is due at the next regularly scheduled
deadline and must include all activity since the appointment of campaign treasurer
or the day after the last period reported, as applicable. Secs. 254.124(d) ,
254. 154(d) .
e A political committee that becomes involved in an election so that it must file
the 30th day before election report also must file the 8th day before election re-
port, even if the committee has no further contribution or expenditure activity to
report.
An "opposed" candidate for purposes of this filing schedule is a candidate who
has an opponent whose name is printed on the ballot. Sec. 254.064(a) .
g Opposed candidates and specific-purpose committees that have properly designated
the modified reporting procedure and that do not exceed $500 in contribution and
expenditure activity are not required to file the reports due before the election.
The only reports they are required to file are the semiannual reports. Sec.
254.184(b) .
h A specific-purpose committee that only supports unopposed candidates is not
required to file the two pre-election reports. H.B. 1608, 70th Leg. , Reg. Sess.
(1987) .
A general-purpose committee involved in a candidate election may be required to
file special telegram or hand-delivered reports with the secretary of state, in ad-
dition to any other reports that it is required to file. Consult section 254.039
of the Election Code.
Opposed candidates and specific-purpose committees involved in an election for
legislative office may have to file special telegram or hand-delivered reports in
addition to any other reports that they are required to file. If involved in an
election for legislative office, consult section 254.038 of the Election Code.
k Deadline has been extended because regular deadline falls on a Saturday, Sunday,
or legal state or national holiday. Sec. 1 .006.
For forms or further information regarding Title 15 filings, contact the Disclosure
Filings Section at 512-463-5704. For legal assistance, contact the Elections Divi-
sion at 1-800-252-VOTE or 1-800-252-8683.
-3-
4j1101 Office of the
0
SECRETARY OF STATE
Jack M. Rains
SECRETARY OF STATE
EXECUTIVE DIVISION SUMMARY OF CHANGES TO TITLE 15, ELECTION CODE
P.O.Box I2697 70th Legislature, RegularSession,
Austin, rexas78nl lature,g' 1987
Publications
12 463x13824
5 -5561 H.B. 1818: Effective date 9/1/87
512 63
ELECTIONS DIVISION H.B. 1818 completely reorganizes Title 15 into a more
P.O. Box 12060
512463-5650 coherent, comprehensible statute. It also revises the
law: (1) to eliminate inconsistencies; (2) to conform the
Disclosure Filings Section statute to relevant court decisions; (3) to address
P.O.Box 12070
512463-5704 administrative concerns of the secretary of state in
fulfilling his duties under the statute; (4) to clarify
DATA SERVICES improve the
vagueprovisions in current law; and (5) to
DIVISION g
P.O.Box 12887 regulation and enforcement of political funds -disclosure.
512463-5609 The following summary of the significant, substantive
SUPPORT SERVICES changes to Title 15 organizes these revisions by subject
DIVISION matter.
Financial Management
P.O.Box 12887 (1) Filing Schedule
512 463-5600
Staff Services The bill eliminates much of the uncertainty inherent with
P.O.Box 12887 the current reporting schedule of Title 15 by standardiz-
512463-5600 ing and simplifying the schedule. Every person (including
STATUTORY FILINGS general purpose political committees) must file semi-
DIVISION annual statements; in addition, opposed candidates and
political committees involved in an election must file 2
Corporations Box 13697 pre-election reports (30 days and 8 days before the
512463-5555 election) . The current 30-day-after-election report has
Statutory Documents been eliminated as unnecessary in light of the semi-annual
P.O.Box 12887 report. See Chapter 254. Filers who follow the modified
512463-5654 reporting procedure will file semi-annual statements as
Uniform Commercial Code opposed to the current 30-day-after statement, since the
P.O.Box 13193 30-day-after statement will no longer exist. Sec.
512 462-1155 254 . 181 .
The bill clarifies that the modified reporting procedure
only applies to opposed candidates and specific purpose
committees, since these are the only filing entities that
could benefit from following the optional procedure.
Sec. 254.181.
The bill relieves local officeholders (as opposed to state
and district officeholders) from filing semi-annual
officeholder reports if they do not exceed $500 in
An Equal Opportunity Employer
a
d��
r
SUMMARY
Page 2
contributions or $500 in expenditures during that report-
ing period. Sec. 254 . 095.
The bill provides that a newly-formed, monthly-filing
committee that does not appoint its campaign treasurer
until the 25th day of the month is not required to file
the report normally due by the first day of the following
month. Sec. 254. 158 . Current law requires the committee
to file this report, even though it would only cover one
day.
The bill allows candidates for federal offices in Texas to
file copies of their federal reports with the secretary of
state within the federal reporting period; current law
requires the filing of such copies on the same day as the
reports are filed with federal authorities.
Sec. 251 . 006 (b) .
(2) General Purpose Political Committees
The bill places several new disclosure requirements and
restrictions on general purpose political committees. It
expands the filing of special telegram reports by requir-
ing general purpose committees to also file these reports
if they make direct campaign expenditures (not contribu-
tions) supporting or opposing candidates in excess of
certain amounts during the period beginning the 9th day
and ending at noon on the 2nd day before the election.
Sec. 254 .039. Current law already requires opposed
candidates for legislative office and specific purpose
political committees supporting or opposing candidates for
such office to file telegram reports during this pre-
election period if they accept contributions in excess of
certain amounts%
To discourage the last-minute creation of sham political
committees, the bill prohibits a general purpose political
committee from making expenditures unless: (1) it has
filed its campaign treasurer designation at least 60 days
before making the expenditure; and (2) it has accepted
contributions from at least 10 persons. Sec. 253 . 037.
(Note that this applies only to general purpose committees
and not candidate or officeholder committees. ) To contin-
ue to allow federal committees to establish state commit-
tees easily in Texas, those general purpose committees
that accept contributions from a federal political commit-
tee are exempt from this prohibition .
It prohibits a general purpose committee from contributing
to another general purpose committee unless that committee
is identified in the campaign treasurer appointment of the
SUMMARY
Page 3
contributor committee (a general purpose committee must
identify each general purpose committee to which it
intends to make contributions) . Secs. 252. 003 , 253.037.
The bill requires a general purpose political committee
that uses an acronym as its name to spell out that acronym
on its campaign treasurer appointment. The bill also
provides a means to enforce the current prohibition placed
on general purpose political committees against using
deceptively similar names. Sec. 252.003 (a) , (c) .
(3) Disclosure and Record-keeping Requirements
The bill amends the definition of "contribution" to
clarify that loans made in the due course of business by
certain financial institutions do not constitute "contri-
butions" (current law) but nevertheless requires the
reporting of loans obtained for campaign or officeholder
purposes. Secs. 251 . 001 (2) , 254 . 031 (a) (2) . (Current law
does not require the disclosure of the source of bank
loans unless obtained as a result of guarantors. ) Reports
must disclose the amount of loans that exceed $50 , the
date the loans are made, the name of persons making the
loans and of persons guaranteeing the loans, and the'
interest rate of the loans if the interest rate is below
prime. Sec. 254.031 (a) (2) .
The bill deletes the current requirement to disclose the
total of unexpended contributions or outstanding indebted-
ness , as applicable. The secretary of state had recom-
mended either the clarification or the deletion of this
requirement, since the current provision is confusing and
does not result in meaningful, accurate disclosure.
The bill provides a penalty for the failure to maintain
proper records. Sec. 254 .001 (e) . Section 12.22 of the
Texas Penal Code provides that the penalty for a Class B
misdemeanor is:
(1) a fine not to exceed $1 ,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both such fine and imprisonment.
Computer printouts filed as Title 15 reports must comply
with the same format and paper size of the officially
prescribed form. Sec. 254. 036 (a) . This is necessary to
ensure proper storage and security of those computer
printouts.
SUMMARY
Page 4
Candidates or officeholders who receive notice that a
political committee is operating on their behalf must
disclose on their reports whether that committee is a
specific purpose or general purpose committee. Secs .
254. 061 (3) , 254 .091 (2) . (Committee must inform the
candidate or officeholder whether it is a specific purpose
committee. Secs. 254 . 128 , 254 . 161 . )
Specific and general purpose committees must disclose on
their reports the names of candidates and measures they
are supporting or opposing; general purpose committees
(which include political party committees) have the option
of identifying the candidates ' party instead of listing
the name of each candidate. Secs. 254 . 121 (4) , 254. 151 (4) .
(4) Restrictions on Accepting/Using/Retaining Contribu-
tions
The bill clarifies current law regarding the prohibition
against cash contributions (i.e. , currency) of more than
$100. It specifies that this prohibition refers -to the
aggregate amount of cash contributions that is accepted
during the reporting period from a contributor. Sec.
253 . 033 .
The bill allows legislators and state officeholders to
accept contributions during the period beginning 30 days
before the regular legislative session for the limited
purpose of defraying expenses of an election contest. It
also exempts officeholders who were defeated in the
general election from the prohibition against accepting
contributions during the period beginning 30 days before
the regular legislative session. Sec. 253 . 034 (c) .
The bill incorporates the interpretations made by the
secretary of state and the State Ethics Advisory Commis-
sion that assets purchased by contributions and income
earned on contributions may not be converted to personal
use and may not be retained indefinitely. Secs.
253 .035 (c) , 254 . 203.
The bill provides a criminal penalty for the retention of
contributions , assets purchased by contributions, and
income earned on contributions for a period longer than
the statutorily allowable six-year period.
Sec. 254 .203 (c) . No criminal penalty exists under current
law for violating this prohibition.
The bill clarifies that a candidate or officeholder may
reimburse himself from political contributions for his use
of personal funds for campaign or officeholder purposes.
„5"
41f
SUMMARY
Page 5
Sec. 253. 035 (h) . The bill clearly allows candidates and
officeholders to use contributions to defray federal
income taxes that accrue on contributions (thereby con-
firming a previous opinion of the secretary of state on
the issue) . Sec. 253. 035 (d) .
The bill specifically prohibits specific purpose political
committees from converting contributions accepted on or
after September 1 , 1987 to the personal use of candidates,
officeholders , and former candidates and officeholders .
Sec. 253 . 035 (b) .
The bill allows candidates and officeholders to use
political funds to participate in election contests or
civil actions to determine eligibility to hold public
office and to defend criminal or civil actions brought
against them in their capacity as candidates or office-
holders. However, the bill provides that if the candi-
dates or officeholders do not finally prevail in the civil
or criminal action filed against them as officeholders,
they must reimburse those political funds used in defend-
ing the action within two years after the date final
judgment is rendered; failure to do so results in civil
liability for the conversion of contributions to personal
use. Reimbursement is not required as a result of in-
volvement in an election contest or civil action to
determine candidate eligibility; in addition, expenses
incurred in defending a civil action that results in
settlement are not required to be reimbursed. Sec.
253 . 035 (i) , (j ) , (k) .
(5) Corporations and Labor Organizations
The bill prohibits corporations and labor organizations
(but not their political committees) from making contribu-
tions or expenditures in connection with recall elections.
(Current law already prohibits them from getting involved
in candidate elections and from assisting officeholders. )
The bill makes no other substantive change relating to
corporations and labor organizations. However, it does
clarify that Texas professional corporations and Texas
professional associations are not subject to the corporate
prohibitions of Title 15. Sec. 253. 091 .
The bill eliminates the provision that prevents a corpora-
tion or union political committee from using "monies
obtained in a commercial transaction. " Sec. 253. 101 (a) .
SUMMARY
Page 6
(6) Political Advertising
The bill replaces the current statutory language governing
broadcast rates for political advertising with the applic-
able federal law; federal law pre-exempts state law in
this area, as held by the 5th Circuit in the RVUE, Inc. v.
Austin Broadcasting Corp. , 709 F.2d 922 (5th Cir. 1983) ,
aff'd, 465 U.S. 1092 (1983) . The penalty for receiving
payment in excess of that allowed by law has been in-
creased from a $100 fine to a possible Class C misdemeanor
(a fine not to exceed $200. Tex. Penal Code Ann.
5 12.23. ) . Sec. 255.002 (f) .
Violation of the current law requiring disclaimers on
political advertising could result in either a Class A
misdemeanor (generally) or a felony of the third degree
(when misrepresentation of the source of the advertising
is also involved) ; this bill eliminates the possibility of
a third degree felony for this violation. Secs. 255. 001 ,
255.004.
[Under the Texas Penal Code, a Class A misdemeanor results
in:
(1) a fine not to exceed $2,000;
(2) confinement in jail for a term not to exceed one
year; or
(3) both such fine and imprisonment.
A third degree felony results in confinement of not more
than 10 years and not less than two years and a possible
fine not to exceed $5,000. Texas Penal Code, Secs. 12.21 ,
12.34. ]
The bill specifies that the unlawful use of political
subdivision funds for political advertising constitutes a
Class A misdemeanor. Sec. 255.003.
The bill revises the current law prohibiting the misuse of
an office title in political advertising to impose more
clearly the reasonable person standard. This amendment
was instigated in response to the 1982 holding in Meier v.
Mattox, No. 82-9, 702-J (Dist. Ct. of Dallas County, 191st
Judicial Dist. of Texas, Sept. 19, 1982) , in which a
Dallas district court held that the current language was
unconstitutionally vague. Sec. 255. 006.
Under this bill, only officeholders may use a representa-
tion of the Great Seal of Texas in their political adver-
tising. Sec. 255.006 .
SUMMARY
Page 7
(7) Enforcement
The bill clarifies that persons may file Title 15 com-
plaints with the secretary of state only when the accused
is a person that is required to file reports with this
office. Sec. 256 . 001 . Current law appears to require the
secretary of state to wait 25 days from notifying the
accused that a complaint has been filed against him before
the secretary may review the complaint for reasonable
cause and refer the complaint to the appropriate prosecu-
tors; this bill eliminates the 25-day waiting period.
Secs. 256 . 004 , 256 .005 .
The bill amends the periodic review procedure conducted by
the secretary of state to authorize the secretary to
distinguish between significant noncompliance that re-
quires corrective action on the part of the filer and
insignificant noncompliance. It requires the secretary to
adopt rules defining what constitutes significant noncom-
pliance for purposes of this administrative review and to
make them available on request. The bill provides_ for a
$100 civil penalty when a person fails to correct correct-
able noncompliance within 30 days of the date notice was
mailed. In addition, a filer who submits an amended
report to correct noncompliance must pay a $10 filing fee
to the secretary of state. These penalty monies and fees
are deposited in the state ' s general revenue fund. Sec .
251 .034.
The bill authorizes a court to award the defendant attor-
ney fees when judgement is rendered in his favor in a
civil suit concerning unlawful or undisclosed contribu-
tions or expenditures. Secs. 253.131 (e) , 253. 132 (c) ,
253. 231 (d) . Current law already allows the court to award
a successful plaintiff reasonable attorney fees.
The bill eliminates the unnecessary early notification of
the attorney general concerning a determination of late
filing made by the secretary of state; under this bill,
the secretary of state will wait to notify the attorney
general to proceed with a civil suit against the late
filer until after the statutory 10-day grace period for
voluntary payment of the civil penalty. Sec. 254 .042.
(8) Miscellaneous Provisions
The bill broadens the definition of "measure" to include
the circulation of a petition to require the calling of a
measure election. Therefore, persons involved in such a
petition drive may be subject to Title 15 political
committee disclosure requirements. Sec. 251 .001 (19) .
SUMMARY
Page 8
The bill makes specific provision regarding where campaign
treasurer appointments are filed when the governing body
of the political subdivision has not yet formed. Secs.
252. 005 , 252. 007. It allows a multi-purpose committee to
file with the secretary of state (as opposed to each
political subdivision) . Sec. 252.008.
The bill provides a procedure for transferring the cam-
paign treasurer appointment to the proper filing authority
if the candidate' s decision to seek a different office
requires him to file reports with a different authority
under the Act. Sec. 252.010.
Current law makes reference to two types of assistant
campaign treasurer. While one type of assistant has
authority to act in the absence of the campaign treasurer
in performing statutory duties, the other type has no such
power. This bill deletes this other type of assistant
campaign treasurer.
Current law requires filing authorities to maintain filed
reports for two years; this bill also requires the mainte-
nance of campaign treasurer appointments for this time
period. Sec. 252.014 .
The bill requires the departing campaign treasurer of a
political committee filed with the secretary of state to
immediately notify the secretary of his termination as
treasurer. The bill also requires each political commit-
tee filed with the secretary of state to notify the
secretary of any change in the address of its campaign
treasurer. Secs. 252.013 (c) , 252.012 (c) , 252.002 (b) . The
purpose of these provisions is to ensure the secretary of
state will be able to effectively fulfill his duty to
notify campaign treasurers of approaching filing dead-
lines.
The bill provides the secretary of state more flexibility
regarding when he must notify filers of approaching
deadlines and deletes his requirement to notify committees
of those deadlines that result from involvement in local
and special elections. It also excuses the secretary from
his continuing duty to notify a filer of approaching
deadlines after two unsuccessful attempts to do so, until
the filer provides him with a current address. Sec.
251 .033.
s‘
SUMMARY
Page 9
H.B. 1608: Effective date 9/1/87
H.B. 1608 revises the filing schedule for those specific
purpose committees that support only unopposed candidates.
The bill provides that such committees must follow the
same semi-annual reporting schedule as the unopposed
candidates they support; the law will no longer require
these committees to file the series of reports relating to
the election.
The bill also requires specific purpose committees that
file with the secretary of state to identify on their
campaign treasurer appointments the names of the candi-
dates they support or oppose and the offices sought by
those candidates.
S.B. 933: Effective date 8/30/87
While S.B. 933 basically revises the state nepotism law,
it also amends the Election Code to require candidate
applications and campaign treasurer appointments to
include a brief summary of the nepotism prohibition and a
list of relatives that are included within the prohibi-
tion. The campaign treasurer appointment form prescribed
by the secretary of state must contain a statement that
the candidate is aware of the nepotism law; the candidate
must sign that statement. If a candidate uses the pre-
scribed form to appoint his campaign treasurer and fails
to sign the nepotism statement, his campaign treasurer
appointment is considered legally invalid.
Title 15 Summary/blmemq
a
November 3 Ballot Includes
Key Municipal Issues
■ By Frank Sturzl, Assistant Director, Texas Municipal League
When Texas voters go to the polls which municipal functions are pro- Further, the law specifies that the
on November 3, they will face prietary and which are governmental. three proprietary functions do not
twenty-five proposed amendments to These court decisions have resulted in include any of the listed governmental
the Texas Constitution, as well as two a crazyquilt of municipal liability. For functions.
referenda. Several of the 25 proposed example, proprietary functions— All other municipal activities are
amendments, particularly Amend- according to the courts—include classified by S.B. 5 as governmental
ment 17, are extremely important to street and sidewalk construction and and are subjected to a limited waiver
Texas cities. maintenance, storm sewers, provision of immunity and to liability limits:
of water and electricity, parks and $250,000 per person/$500,000 per
Amendment Number 17— recreation activities, and more. In occurrence for bodily injury or
Tort Reform other words, the courts had found death/$100,000 per occurrence for
This amendment was placed on the that these functions were not property damage.
ballot when Senate Joint Resolution governmental functions, and limited But S.B. 5 may very well be held to
26 was passed by the 70th regular liability did not apply to them. be unconstitutional unless Amend-
session of the Texas legislature. S.J.R. To add to the confusion, mainten- ment 17 is passed. This is because
ance of traffic signals has been held to Article I, Section 13 of the Texas
26 was an integral part of the TML-
backed tort reform package. be a governmental function, though Constitution, known as the "open
Amendment 17 would authorize street maintenance is proprietary. courts" article, declares that "all
the legislature—not the courts—to Provision of wastewater service is courts shall be open, and every per-
define the"governmental" and governmental, though water service is son for an injury done him, in his
functions of Texas
proprietary. Sanitary sewers are lands, goods, person or reputation,
proprietary
cities. The distinction between these governmental, but storm sewers are shall have remedy by due course of
two kinds of municipal functions is proprietary. The operation of garbage law."
important from the standpoint of trucks is governmental, but the repair That provision has been broadly
municipal liability exposure. of garbage trucks is proprietary. The interpreted to mean that the legisla- 1
A governmental function is gener- examples go on and on. ture cannot limit access to the courts
ally understood to be one which a Tort reform measures passed this or to judicial remedies. Amendment
year will change that. S.B. 5, First 17, however, makes it clear that legis-
city performs as a political subdivi-
sion of the state and which benefits, Called Session, actually lists govern- lation which classifies municipal func-
directly or indirectly, all citizens of mental and proprietary functions. tions as governmental or proprietary
What's more, many functions which is constitutional. Without the passage
the state. A proprietary function, on
S.B. 5 lists as governmental had pre- of Amendment 17, though, the struc-
the other hand, is one which a city
viously been classified by the courts ture of tort reform for Texas cities
undertakes purely for the benefit of
as proprietary. In fact, the list of can be undone.
its municipal citizens.
When a city is engaged in a proprietary functions, for which a Amendment Number 7—
governmental function, its potential city has unlimited liability, includes State Bonds For
liability is limited. When it is engaged only three activities: Local Public Works
in a proprietary function, however, • Operation and maintenance of a .
there are no limits to its potential lia- public utility (but not water or sewer Amendment 7 is part of the"Build
bility. The distinction between the systems, which are classified as Texas" program, which TML strongly
two kinds of functions, then, is a key governmental); supports. For Texas cities, Amend-
determinant of a city's potential • Municipally owned and operated ment 7 is the most important part of
exposure to liability claims. amusements(but not swimming the program. The amendment would
Until the 1987 session of the legis- pools, beaches, marinas, or fireworks provide for issuance of general obliga-
lature, state law did not provide lists displays, which are classified as tion bonds to finance such local pub-
of governmental and proprietary governmental); and lic facilities as airports, parks,
functions. As a result, the courts have • Abnormally dangerous or ultra- libraries, convention centers, and
decided, on a case-by-case basis, hazardous activities. jails.
Texas Town&City • 4
?
Amendment 7 is essentially an ments in metropolitan areas to con-
economic development measure tribute funds, including funds derived
which is designed to stimulate the from local ad valorem taxes imposed ReplaceTexas economy and provide for that specific purpose, to the Texas
employment opportunities with the Turnpike Authority to pay for turn-
additional advantage of financing pikes, toll roads, or toll bridges built oldpipeslocal public works. by the authority.
If the amendment is passed, the The amendment would create an state will be authorized to sell$400 exception to the broad constitutional without
million in state general obligation prohibition against lending of state or
bonds to establish a fund for local political subdivision credit. Only local . g
public facilities projects. The fund governments in counties of more than digging.will be made up of proceeds from the 400,000 population or in adjoiningbond sales, investment income, counties could participate. Those eig-
amounts received as repayments of ible local governments would be
loans to local governments, and any authorized to impose, collect, and
other money as may be authorized by pledge to the Texas Turnpike Author-
• ••_
"`•.
the legislature. ity an ad valorem tax for Authority -4,
The funds can be used for: (1) projects located within the county or �. II 4,
grants for planning and designing counties. The rate of the tax would
public works projects; and (2) loans not be limited, but the imposition of .4
to finance the costs of acquisition, the tax would have to be approved by
construction, repair, renovation, and voters.
equipping of public facilities. '
The newly created Department of Amendment Number nt Commerce will issue the bonds andDevelo ent i ?jii1
administer the program. The newly Amendment Number 4 would
created Bond Review Board would authorize the legislature to use public
_
approve the bond issuances. funds for economic development Oil
Amendment Number 23— purposes. Many proposals designed
Additional Water to promote economic development , '
andunemployment call for I
to reduce t
Development Bonds ,
the use of state funds to attract new
This amendment, also a part of the business and assist in building existing
"Build Texas" program, would autho- businesses. To use state funds in this
rize the issuance of an additional way, however, appears to violate the
$400 million in state bonds to constitution's prohibition against •'z ): `Y ''.
finance the construction of water making ' 'grants and loans of public I' �'>:�:-,-s•:'-+'
supply, water quality, and flood con- money to individuals,groups, or
trol projects. corporations.
In 1985, Texas voters approved This amendment would resolve
two constitutional amendments autho- this constitutional question by allow-
rizing water bonds and expanding the ing the use of public funds for grants
purposes for which the bonds can be and loans to private businesses for discovering
galtl OaerAmerieaare
used. The 1987 session of the legisla- economic development purposes. a s wer t i d that deteriorating
pipe is the
ture, recognizing the severe shortage
answertodeteriorating
of operating revenue at the state and Amendment Number 6— problemS.ln Detroit,St.Louis,
local levels as well as the ever de- Development of Texas Washington,D.C.,Baltimore,New
creasing level of federal involvement Products and Businesses Orleans,Seattle,Jacksonville,
in-
in water projects, passed the bill and dozens of other cities,water
projects,
placed Amendmentd2 on the This amendment would authorize dustries have used the Insituform
ballot. the legislature to issue up to$125 process to reconstruct crumbling
Of the$400 million in bond pro- million in general obligation bonds to sewers and other pipeline systems
ceeds, he million would used assist in (1) the development and without excavation.Insituform
for water0 supplyproduction of new or improved pro- is non-disruptive,cost-effective,
projects, $150 mil- ducts, (2)the development of small clean,fast,and in many cases,
lion for water quality, and$50 mil- businesses, and (3)the development stronger than the original pipe.
lion for flood control. of production by small agricultural For more information,write or
The bonds would be issued by the businesses.
Texas Water Development Board. call today.
A red because
ofnal amendment a iflSiLU
rn
Amendment Number 5— required because constitutional
prohibitions on state debt and grants/ TEXARK, INC.
Local Participation in
Turnpike Projects loans to private entities. •■ 9330 LBJ Freeway
This amendment would authorize Suite 900
the state and certain local govern- Dallas, TX 75243 (214) 228 8888
5 • October 1987
SUMMARY OF CONSTITUTIONAL AMENDMENTS
AMENDMENT 1: "The constitutional amendment to provide for the surety of a
grain warehouse fund to be established by the grain industry for the
protection of farmers and depositors of grain in public warehouse facilities."
The amendment would permit the legislature to use public money to provide
for the guarantee of a grain warehouse self-insurance fund, to be financed by
the grain warehouse facilities. When the assets of the fund reach $5 million,
the guarantee provided by public money will cease and the entire provision
will expire.
AMENDMENT 2: "The constitutional amendment to raise the maximum property tax
rate that may be adopted by certain rural fire prevention districts, but only
if approved by the districts' residents."
The main duty of a rural fire prevention district is to provide fire
prevention and fire-fighting services to areas not served by city fire
departments. The amendment would authorize districts located wholly or partly
in a county with a population of more than 400,000, to increase the maximum
tax it may levy from 3 cents to 6 cents on each $100 valuation of taxable
property if approved by the voters in the district.
AMENDMENT 3: "The constitutional amendment to limit school tax increases on
the residence homestead of the surviving spouse of an elderly person if the
surviving spouse is at least 55 years of age."
In 1978, the Texas constitution was amended to allow the exemption of a
portion of the value of the homestead of a person who is 65 years of age or
older from the taxes levied against the person's homestead for primary and
secondary public school purposes and to prohibit any increase in the amount of
those taxes as long as the property remains the person's homestead. The
proposed amendment would, on the death of a person who is 65 or older, extend
the freeze that had been placed on the person's school district taxes to that
person's surviving spouse if the spouse is at least 55 years of age.
AMENDMENT 4: "The constitutional amendment authorizing the legislature to
provide assistance to encourage economic development in the state."
The proposed amendment would provide that public funds could be used to
make grants and loans to private businesses, both new and existing, to aid
economic development in the state, including development of agriculture.
AMENDMENT 5: "The constitutional amendment authorizing agreements between the
State Department of Highways and Public Transportation and the Texas Turnpike
Authority and the governing bodies of counties with a population of more than
400,000, adjoining counties, and cities and districts located in those
counties to aid turnpikes, toll roads, and toll bridges by guaranteeing bonds
issued by the Texas Turnpike Authority."
The amendment would allow the state to construct joint projects with the
Texas Turnpike Authority and to contribute money to the authority to pay costs
of the authority's turnpikes, toll roads, or toll bridges. It also would allow
local governments in counties of more than 400,000 population or adjoining
counties to impose, collect, and pledge, for the benefit of Texas Turnpike
Authority projects located in the local unit, an ad valorem tax on all taxable
property in the local unit of government. The tax rate would not be limited by
the constitution, but would have to be approved by a majority of qualified
voters.
AMENDMENT 6: "The constitutional amendment authorizing the legislature to
provide for state financing of the development and production of Texas
products and businesses."
First, the amendment authorizes the issuance of $15 million of general
obligation bonds to finance the development of new or improved products in the
state. The program would include loans, loan guarantees, and equity
investments to assist private businesses in developing or improving products.
Second, it provides for $10 million in general obligation bonds for a program
of assistance to small business incubators (facilities within which small
businesses share common space, equipment, and support personnel.) Third, it
authorizes $100 million of general obligation bonds for financial assistance
for agriculturial development, including the marketing of agricultural crops
and products grown or produced by small Texas agricultural businesses.
— AMENDMENT 7: "The constitutional amendment providing for the issuance of
general obligation bonds to finance certain local public facilities."
The amendment would authorize up to $400 million in general obligation
bonds to establish a local project fund for public facilities. It is designed
to stimulate the state's economy and provide employment for the citizens of
the state while also providing support for local public works such as
airports, parks, libraries, convention centers, and jails.
AMENDMENT 8: "The constitutional amendment authorizing the issuance of general
obligation bonds for projects relating to corrections institutions and mental
health and mental retardation facilities."
The current facilities of the Texas prison system, youth corrections
institutions, and mental health and mental retardation institutions are far
below most projections of future needs. Additionally the Texas Department of
Corrections and the Texas Department of Mental Health and Mental Retardation
have been monitored by the federal courts since 1974. The proposed amendment
authorizes up to $500 million in general obligation bonds, the proceeds of
which will be used to provide new facilities and rehabilitate existing
facilities of corrections institutions and of mental health and mental
retardation institutions.
AMENDMENT 9: "The constitutional amendment to provide that a member of the
legislature is eligible to be elected or appointed and to serve in a different
state office but may not receive an increase in compensation granted to that
office during the legislative term to which he was elected."
The proposed amendment would provide that a member of the legislature may
be eligible to another civil office of profit even though the compensation for
that office was increased during the legislative term to which the member was
elected. However, the person may not receive the increase in compensation
granted to that office during the legislative term to which he was elected.
AMENDMENT 10: "The constitutional amendment to allow the legislature to exempt
from ad valorem taxation certain personal property not held or used for the
production of income."
The proposed amendment would allow the legislature to exempt from
taxation any tangible personal property not held or used for the production of
income, other than residential structures such as mobile homes, that may be
personal property. The amendment would allow a political subdivision to
override the exemption adopted by the legislature.
AMENDMENT 11: "The constitutional amendment providing for the exemption from
ad valorem taxation of certain property that is located in the state for only
a temporary period of time."
In order to encourage manufacturing and related commercial activities,
most states have enacted "free port" laws, exempting from ad valorem or other
taxes raw materials, parts, finished goods, and other property that is
destined for shipment out of state. Texas has such a statute but the Texas
Court of Appeals has held that the statute is ineffective to exempt property
if the property is not actually in interstate commerce as defined by federal
case law. The proposed constitutional amendment would have the effect of
restoring the "free port" exemption. It would also allow the major local
taxing jurisdictions to tax the property by local option.
AMENDMENT 12: "The constitutional amendment permitting spouses to hold
community property with right of survivorship."
On the death of a spouse, community property in Texas does not
automatically become the property of the surviving spouse; instead, it passes
by will, or, if there is no will, by the statutory rules of intestacy. The
proposed amendment would allow spouses to agree in writing that all or part of
their community property becomes, on the death of a spouse, the property of
the surviving spouse.
AMENDMENT 13: "The constitutional amendment to allow for the creation and
establishment, by law, of special districts to provide emergency services."
The proposed amendment would authorize the legislature to provide for the
establishment of special districts to provide emergency medical services,
emergency ambulance services, rural fire prevention and control services, or
other emergency services authorized by the legislature. It would also
authorize the commissioners courts of participating counties to levy an ad
valorem tax on property located in the district in an amount not to exceed 10
cents per $100 valuation, subject to voter approval.
AMENDMENT 14: "The constitutional amendment giving the state a limited right
to appeal in criminal cases."
The prohibition against all appeals by the state in criminal cases
prohibits the state from appealing a decision by the trial court that
dismisses an indictment, grants a new trial, suppresses evidence or a
confession, or in any other way makes a ruling favorable to the defendant.
Texas is currently the only state that completely prohibits appeals by the
state in criminal cases. The proposed constitutional amendment would remove
this prohibition and authorize the legislature to determine which decisions
made by the trial court may be appealed by the state.
AMENDMENT 15: "The constitutional amendment to provide for the abolition of
the office of county treasurer in Gregg, Fayette, and Nueces counties."
The proposed amendment would allow for the elimination of the office of
county treasurer in Gregg, Fayette, and Nueces Counties.
AMENDMENT 16: "The constitutional amendment providing that certain justice
precincts may contain more than one justice of the peace court."
The Texas Constitution has a very complicated set of requirements for how
many justice of the peace and constable precincts may exist in each county and
whether there may be one or two justices of the peace in each precinct. No
county may have more than eight precincts and no precinct may have two
justices of the peace unless a city of 18,000 people or more is wholly
contained within that precinct. Some counties have few, if any, cities of
18,000 wholly within the county. A case in point is Dallas County, which has
at least four cities that cross county lines. The result is that some of the
most densely populated counties could have as few as four justice courts while
a county with a population of 60,000 that contains three cities of 18,000
population could have as many as 11 justice courts. The amendment would allow
counties with a population of 150,000 or more to have more than one justice
court in any precinct in the county.
AMENDMENT 17: "The constitutional amendment authorizing the legislature to
define for all purposes the governmental and proprietary functions of a
municipality."
A "proprietary function" is performed by a municipality in its corporate
capacity for the benefit of only its municipal citizens. A "governmental
function" is performed by a municipality as an agent of the state for the
benefit, direct or indirect, of all the state's citizens. A municipality
performing a proprietary function is liable for damages arising out of
negligence. A municipality performing a governmental function, however, is
liable only to the extent provided by the Texas Tort Claims Act. The proposed
amendment authorizes the legislature to define which functions of a
municipality are to be considered proprietary, and which functions are to be
considered governmental. The legislature may reclassify functions in a manner
different from the way the courts have traditionally classified them.
AMENDMENT 18: "The constitutional amendment relating to the creation,
operation, and financing of jail districts."
The proposed amendment permits the creation, operation, and financing of
jail districts to construct and improve correctional facilities on a local
basis. To finance those activities, the jail districts are authorized, with
voter approval, to issue bonds backed by money collected from property owners
in the district as additional ad valorem taxes.
AMENDMENT 19: "The constitutional amendment authorizing the issuance of
general obligation bonds to fund undertakings related to a superconducting
super collider research facility sponsored or authorized by the United States
government, and to make appropriate grants for such undertakings."
The Government is sponsoring the construction of the Super Collider, the
world's largest and most advanced atom smasher. Construction of the super
collider is estimated to create over 3,000 jobs, and operation of the facility
following construction would require approximately 2,500 employees. The
facility is expected to be a large benefit to the economy of the area of the
state where it is located. The proposed amendment would allow Texas, which is
one of the states competing for the super collider, to issue up to $500
million of general obligation bonds to finance eligible undertakings related
to the super collider.
AMENDMENT 20: "The constitutional amendment to authorize the legislature to
provide ad valorem tax relief for certain offshore drilling equipment that is
not in use."
When offshore oil and gas drilling activity is low, many offshore
drilling rigs are idle. The rigs are generally stored at port facilities where
they can be properly maintained and protected. The proposed constitutional
amendment would authorize the legislature to exempt from ad valorem taxation
idle offshore drilling equipment that is being stored on or near the Gulf
Coast.
AMENDMENT 21: "The constitutional amendment permitting the legislature to
include the speaker of the house of representatives or the speaker's appointee
in the membership of an executive agency or committee."
The Texas Constitution establishes the principle of separate departments
of state government and prohibits a person exercising power in one of the
three established departments, executive, legislative, and judicial, from
exercising power in another department of state government, except as
expressly permitted by the constitution. Without a stated exception, the
constitution may prohibit the speaker of the house of representatives, a
member of the legislative department, from serving as a member of an executive
agency or committee. Note-- although the ballot would indicate that a designee
of the speaker may serve on an executive agency, the amendment limits
eligibility to the speaker himself. The ballot proposition reflects the text
of an earlier version of the resolution and through oversight was not changed
to reflect the final text.
AMENDMENT 22: "The constitutional amendment to allow the legislature to limit
the authority of a governor to fill vacancies in state and district offices
during the end of the governor's term if the governor is not reelected."
The proposed amendment authorizes the legislature to limit the term
of a gubernatorial appointee to a vacancy in a state or district office to a
partial, temporary term if the appointment is made on or after November 1 of
the last year of the governor's term and the governor is not reelected.
AMENDMENT 23: "The constitutional amendment to authorize the issuance of an
additional $400 million of Texas Water Development Bonds for water supply,
water quality, and flood control purposes."
This amendment authorizes the Texas Water Development Board to issue
an additional $400 million in Texas Water Development Bonds. From the proceeds
of the sale of those bonds, $200 million would be used to fund water supply
projects, $150 million would be used to fund water quality projects, and $50
million would be used to fund flood control projects. The legislature would
maintain control and oversight over the issuance and use of proceeds of the
bonds through the creation of a special committee designated by the
legislature to review and approve bond activities.
AMENDMENT 24: "The constitutional amendment to permit a county to perform
work, without compensation, for another governmental entitiy."
The proposed amendment would authorize a county to use equipment and
personnel to perform work, without charge, for other governmental entities in
the county if the commissioners court of the county at an open meeting
approves the performance of the work. At the meeting, the commissioners court
must have determined that the performance of the work will not interfere with
any work scheduled to be performed or reasonably expected to be performed by
the county and must have determined the costs the county will incur in
performing the work.
AMENDMENT 25: "The constitutional amendment authorizing the legislature to
permit the Amarillo Hospital District to serve certain residents of Randall
County, to authorize Randall County to provide financial assistance to the
district, and to authorize certain hospital districts to change their
boundaries or jurisdiction with voter approval."
The amendment would authorize the legislature to permit Randall County to
render financial assistance to the Amarillo Hospital District and to permit
the Amarillo Hospital District to serve Randall County residents who are not
served by another district. The amendment also provides that if a hospital
district was created or authorized under a constitutional amendment that
includes a description of the district's boundaries or jurisdiction, the
legislature, with the approval of the district's voters, may change a
district's boundaries or jurisdiction without the necessity of another
constitutional amendment.