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10-13-1987 (City Council) Agenda Packet DATE POSTED 10-9-87 TIME POSTED 5: 30 P.K. AGENDA REGULAR MEETING CITY COUNCIL TUESDAY, OCTOBER 13 , 1987 7 : 00 P. M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1 - 20 Consider approval of minutes for September 1st , 17th , 19th , 21st , 22nd and 25th meetings 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 separately. If such a request is made, those items will occur in numerical order immediately following the vote on the Consent Agenda . A 21 - 22 Consider approval of new schedule for different Board meetings of the City of Wylie B 23 - 27 Consider approval of the final draw from Speed Fab-Crete Draw #12 in the amount of $142 , 230 . 39 for the new Municipal Complex ( except for retainage) C 28 - 29 Consider approval of change order #3 from Speed Fab-Crete for the new Municipal Complex reflecting a credit to the City of Wylie in the amount of $10 ,054 . 00 PUBLIC READINGS OF ORDINANCES AND RESOLUTIONS 3 30 - 33 Consider approval of the Resolution to call for a public hearing to consider implementation of 911 services and the necessary fees 4 34 - 35 Consider approval of ordinance establishing permitted time for placing refuse in right- of-way for pickup ORDER OF PAGE BUSINESS REFERENCE BUSINESS PUBLIC READINGS OF ORDINANCES AND RESOLUTIONS 5 36 - 38 Consider approval of ordinance establishing minimum standards for the installation of bulk refuse receptacles 6 39 - 47 Consider approval of ordinance establishing minimum requirements for keeping and/or maintaining animals within the City of Wylie GENERAL DISCUSSION 7 48 - 51 Presentation from representative of SPS Mann requesting his penalty and interest for 1986 taxes be waived 8 52 Presentation by Mrs . Annette Walsh requesting an election for a rollback on the 1987 tax rate and presenting Council with signed petitions for same 9 Recess Open Meeting 10 53 - 59 Convene Executive Session under the authority of Article 6252-17 V.A.C.S . , Section 2 paragraph "g" personnel matters - regarding 87-88 budget 11 Reconvene open meeting 12 Consider any action to be taken from Executive Session - regarding personnel 13 Oral Consider appointment of City of Wylie representative on the Collin County Central Appraisal Review Board 14 Citizen Participation 15 Council Discusstion 16 Adjourn Staff Report to Mayor and City Council DATE: SUBJECT: NO: / 10-7-87 Minutes The minutes for September 1st, September 17th, September 19th, September 21st, September 22nd and September 25, 1987 meetings are included for Council Approval. These minutes are submitted by Carolyn Jones, City Secretary except for the September 1st meeting and Debbie Peoples was present during my absence. I ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Carolyn Jones FOR ADD.INFO. CONTACT: OTHER: CALLED CITY COUNCIL MEETING - MINUTES SEPTEMBER 1, 1987 6 :30 P. M. The Wylie City Council met in a called session on Tuesday, September 1 , 1987 in the Rita and Truett Smith Library. 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 Calvin Westerhof, Chris DiTota, Kent Crane, John Akin, and Marvin Blakey, Acting City Manager James Johnson, and Debbie Peoples. The meeting was called to order and Councilman DiTota gave the invocation . CONSIDER AWARD OF TELEPHONE EQUIPMENT BID FOR THE NEW MUNICIPAL COMPLEX: Mayor Pro Tem Donovan ask about the drastic price difference in item #7; modification of the existing cabinet and addition of 10 new trunk lines . Staff stated that in Southwest Telecom' s bid, the price was spread out among the components , while GTE' s was all in the cabinet . Staff stated concerning items 3 .14 and 3 .17 GTE has agreed to our exceptions . We will be allowed attachment B which has to do with liability and installation . Staff also stated that by adding approximately $16 ,000 . to the existing system which was purchased for approximately $13,000 . on a five year lease we would be getting over a thirty thousand dollar system if we went out and bought the same system today. Councilman DiTota ask if the bid was subject to increase. Staff stated maintenance warranty period started one year from contract date. After the first year GTE locked into a set price whereas Southwest Telecom did not, they based on the consumer price index . Installation of 30 days from signing of contract . Motion was made by Mayor Pro Tem Donovan to accept GTE' s bid on phone system. Seconded by Councilman Akin. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Westerhof - in favor , Councilman Akin - in favor, Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . Mayor Trimble adjourned the called meeting and convened Council into a work session. DISCUSS THE RATE STUDY BEING PERFORMED BY CHARLES BINFORD: Mr . Binford recapped the August llth meeting by saying the timing of the three bond issues for financing of the additional capital improvements to water and sewer system were very important. All are assumed to be issued at the same time and we would feel major financial impact on the water and sewer customers, the General Fund or both. Alternatives discussed were to delay at least 2 of those bond issues and go head and issue the bonds for the revenue bonds that would allow the City to go ahead and proceed with the improvements to the Waste Water Treatment Plant and put off other 2 issues until later in the fiscal year 87-88 , which would mean the financial impact would not fall until the following year . Councilman Crane stated that the sewer trunk lines need to be addressed immediately, and asked how that would affect their recommendation if Council chose to proceed along those lines. Mr . Binford stated that the financial burden would be felt earlier in the 87-88 year . Then Council would be forced to decide whether to increase water and sewer or supplement with ad valorem tax . Staff stated that the application to the Water Development Board for the $900 ,000 . for the treatment plant has been made and they are waiting for installation sales agreement for the collection lines from CH2M Hill , and they still do not have all the cost involved in doing all that . Staff stated that CH2M Hill has been concentrating on getting design on Waste Water Treatment Plant must be open and operational by September 1 , 1989 . Council instructed staff to immediately instruct CH2M Hill to proceed designing the trunk lines . Staff estimated the engineering cost to be $150 ,000 . for CH2M Hill . Also suggested the monies received from the rate increase could start to pay for the engineering cost . Council asked Mr . Binford if surrounding cities were increasing their tax rates. Mr . Binford stated that of the area cities he had contact with they were proposing approximately 3% to 6% increase. Mr . Binford stated in closing if Council decides to go ahead and increase rates effective September 1 , we would recognize 2 months income in this year . Staff stated that revenue was off this year because of the weather and because of not being able to collect taxes on mobile homes and skip outs , etc. Council stated much concern over having machines for road repair and not using it. Mayor ask if Council would prefer increase to water and sewer customers or a tax increase . After much discussion an 18% increase to water and sewer rates was decided upon . There being no other business or discussion, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Debbie Peoples, Secretary CALLED CITY COUNCIL MEETING - MINUTES SEPTEMBER 17 , 1987 7 :00 P. M. The Wylie City Council met in a called session on Thursday, September 17 , 1987 at 7 : 00 P . M. in the work room of the Rita and Truett Smith Library. 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, Council Members Calvin Westerhof , Chris DiTota, Kent Crane, John Akin, and Marvin Blakey, City Manager John Pitstick, City Secretary Carolyn Jones, Finance Director James Johnson, Chief Abbot , Librarian Beverly Shockley, Code Enforcement Officer Roy Faires. Mayor Pro Tem Donovan was out of town. City Manager John Pitstick stated that staff was recommending to Council a $ .10 increase in taxes, from $ . 49 to $ .59 . This budget has been cut as much as I could cut , and yet I believe we can maintain our same level of service. Councilman Akin said he questioned the legality of the budget. According to our City Charter , the budget should have been submitted in August , on or about the 15th day, this is from Article VII Section 2 . Also the Texas Uniform Budget Law, Appendix A, Article 689a-14 stated that a copy of the prepared budget shall be filed with the clerk of such city not less than thirty (30 ) days prior to the time the board of commissioners or council makes its tax levy. City Manager John Pitstick said there was a budget available to the public even though it was not handed out to the Council . Mayor Trimble said that Mr . Johnson had stated earlier that he could not make the deadline of the August date since the Binford Rate Study was not presented to Council until late . Councilman Crane said he had talked with the City Manager about the budget . Instead of rushing through this budget , take the option from the Charter and adopt last years budget and then amend it when we feel comfortable with it . City Manager John Pitstick said the Council has until Tuesday, if they do not feel right with this budget , they do not have to adopt it, but if it is not adopted, then the staff will loose out on the tax revenues for October and may have to borrow more money until these taxes come in . City Manager John Pitstick gave an over view of the 87-88 budget. The schedule of tax bond indebtedness for 87-88 is as follows : City Hall $184 ,610 . 1980 Park Bonds 21,350 . 1986 Public Safety Contract 31 ,825 . Line of Credit Interest 2 ,475 . Paying Agent Fees 740 . Total $241,000 . The estimated revenues for 87-88 budget will total $2,700 ,000 . LIBRARY DEPARTMENT: The 87-88 budget for the Library is proposed at $73 ,000 . This includes the librarian and two full time employees . The part time employee has been taken out of this budget . The capital expenses are for additional card catalogs . Councilman Ditota wanted to know what cutting the part time employee would do . Miss Shockley, Librarian, said not much since the other part time employee has been set in this budget for 40 hours . City Manager John Pitstick stated that the hours of the library needed to be looked at , some cities work Tuesday thru Saturday for operations. Miss . Shockley said that Saturday has less traffic than any other day. Councilman Westerhof said that the postage had been raised over last years budget , why. Finance Director James Johnson said it was due to the library sending out more delinquent notices and the postal rates may be going up. Councilman DiTota suggested to keep in mind the cutting of the hours later in the year if needed, since Miss Shockley has stated that the City of Wylie' s Library stays open more hours than other libraries in our area . POLICE DEPARTMENT: There are several departments that fall under the police . First is Police Administration which is showing a 87-88 budget of $83,000 .00 with capital of $800 .00 which includes desks in the new complex . Police Patrol is showing a 87-88 budget of $463,000 .00 , police investigation 87-88 budget of $63 ,000 .00 , Communications & Records has an 87-88 budget of $129 ,000 .00 . These budgets include three new police cars , three hand held radios , three light bars , three car radios - to replace three thirteen year old radios and upgrading uniforms. There is also a new undercover vehicle and a radio for this vehicle. Chief Abbott stated this would be a close year , but he felt he could maintain the same rate of service as in the past with this budget . FIRE MARSHAL: The total of the 87-88 budget for this department is $13 ,500 .00 . This is the first year for this budget and it was submitted by the fire marshal with a car , this vehicle was cut from the budget . FIRE DEPARTMENT: The total of the 87-88 budget for this department is $69,500 .00 . Of this amount, $30 ,000 .00 is for capital items such as 1300 ft . of 5" hose, 3 smoke fans, 7 approved air packs and 7 replacement bottles . This budget also includes $10 ,000 .00 for building improvements which is to convert part of the station to living quarters for the fireman. It was noted by Council that the gas allowance for heating this building was rather high, Fire Chief Allen said this was because of no installation in the attic. After some discussion , it was noted to put $2 ,000 .00 in building improvements , for installation in the attic, $1 ,000 .00 for 5 uniforms , $1 ,000 .00 into engineering services for a study on Volunteer Dept. VS Paid Dept and to cut the gas to $550 .00 . CODE DEPARTMENT: Code Department is requesting a 35m camera and one new vehicle . The 87-88 budget for Code is $107 ,000 .00 . Councilman DiTota wanted to know if leasing a vehicle would be better than buying . Finance Director James Johnson said it is better to buy than lease, some cities have leased but it has caused some problems . After some discussion, it was requested by the Council to lower capital to $10 ,000 .00 for a medium size car . ENGINEERING DEPARTMENT: This department has budgeted for a desk for the secretary and another plat file . The 87-88 budget for this department is $122,000 .00 . After some discussion , it was requested by Council to transfer Maintenance Contract to equipment repairs and not renew the maintenance contract . CITY MANAGER: The major item budgeted in this department is the 3% salary pool which is to help upgrade the salaries in January after the survey has been completed. The money under capital is for a table. The 87-88 budget for this department is $143,000 .00 . CITY SECRETARY: This department has budgeted for a new desk and computer table . The 87-88 budget for this department is $72,000 .00 . There was no discussion on this department . FINANCE: The budgeted amount for this department is $221 ,000 .00 . This includes the moving of the tax collector and the appraisal services to finance and moving the payroll clerk to a separate department - personnel . The money in capital is for desk in the new building . There being no other discussion, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary CALLED CITY COUNCIL MEETING - MINUTES SEPTEMBER 19 , 1987 2: 30 P. M. The Wylie City Council met in a called session on Saturday, September 19 , 1987 at 2 : 30 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 Council Members Kent Crane, Chris DiTota, John Akin and Marvin Blakey, City Manager John Pitstick, City Secretary Carolyn Jones, Finance Director James Johnson. Those absent, Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan , and Councilman Cal Westerhof . Councilman Akin called the meeting to order and convened Council into executive session at 2: 44 P .M. under the authority of Article 6252-17 of V.A.C.S . , Section2 , paragraph "f" negotiations concerning real property. Councilman Akin reconvened Council into open session at 3 :27 P .M. Councilman Akin called for a motion on the negotiations with East Fork Water Supply. Motion was made by Councilman Crane to direct staff to negotiate with attorneys for East Fork Water Supply to purchase Wyndham, East Ridge and Stone Grove 2 . Seconded by Councilman DiTota. The vote was as follows : Councilman Akin - in favor, Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . There being no other business , a motion was made to adjourn with all in favor . John Akin, Councilman ATTEST: Carolyn Jones, City Secretary CALLED CITY COUNCIL MEETING - MINUTES SEPTEMBER 21, 1987 6: 30 P. M. The Wylie City Council met in a called session on Monday, September 21 , 1987 at 6 : 30 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, Council Members Kent Crane, Chris DiTota, Cal Westerhof , and Marvin Blakey, City Manager John Pitstick, City Secretary Carolyn Jones , Finance Director James Johnson. Mayor Pro Tem Sandra Donovan and John Akin were out of town. City Manager John Pitstick recapped the last few meetings on the 87-88 budget . In the Fire Department building materials from $10 ,000 .00 to $2 ,000 .00 , Utility - gas , from $1,200 .00 to $550 .00 and added $1 ,000 .00 to engineering services for a rate study on Paid Fire Department VS Volunteer Fire Department and cut the fans out of the special equipment . In Code cut the cost of vehicle from $12 ,250 to $10 ,000 .00 . PARKS DEPARTMENT: The 87-88 budget for Parks is in the amount of $131 ,000 .00 . After some discussion it was requested to added $4 ,000 .00 to sod and seed for the new complex , fuel and lube add $1 ,000 .00 an increase of $5 ,000 .00 to the Park budget . STREETS AND DRAINAGE: The 87-88 budget for this department is in the amount of $419 ,000 .00 . After some discussion, it was suggested that we may add to asphalt and signs the money cut from other areas . LANDFILL: This is a new department and has been set up in order to keep up with the improvements we are going to have to do at this site. There is a total of $22 ,000 .00 set up in this budget . This will get us through about six weeks and then Council needs to look at issuing C 0 for this fund . GARAGE: The 87-88 budget for this department is $27 ,000 .00 . This is a new department, with one employee and he will do preventive maintenance on all equipment and vehicles . There is $3, 600 .00 in capital for some basic tools that will be needed . ANIMAL CONTROL: The 87-88 budget for this department is $39 ,000 .00 . There is in this budget new cages for the animal control truck. There is a place for tools and equipment under the cages , $2 ,000 .00 for cat cages and traps . Council has coming before them a new animal control ordinance which will help offset some of the cost in this department . PUBLIC WORKS ADMINISTRATION: The 87-88 budget for this department is in the amount of $208 ,000 .00 . This budget reflects a Public Works Director and assistant Public Works Director . WATER DEPARTMENT: The budget for this department is in the amount of $538 ,500 .00 . The largest increase is in the payment to North Texas Municipal Water District for the city' s water . After some discussion, it was requested to lower over time to $3,500 .00 and move $1 ,000 .00 to Heavy Equipment Rental and $1 ,000 .00 to Fire Hydrants . Under special purpose equipment there is shoring equipment which is in compliance with the new State Law and new tapping _y, machine and pipe saw cutter. Move another $1 ,500 .00 into special equipment for the shoring equipment . SEWER DEPARTMENT: The 87-88 budget for this department is in the amount of $259 ,000 .00 . The largest item under this department is the contract sewer service with North Texas Municipal Water District . There is under special equipment the lease purchase of a new backhoe. UTILITY BILLING: The 87-88 budget for this department is in the amount of $209 ,500 .00 . This includes another meter reader and cashier to work the drive thru window. City Manager John Pitstick said he would like to come back in mid year with an amended budget and Council could see where the City was at that time. Under the utility debt service there is $235,000 .00 budgeted and this is for the bonds for the treatment plant improvements . City Manager John Pitstick said staff could check into granting a larger over 65 discount and keep the tax rate at ten cent increase. Mayor Trimble requested a called meeting on Friday, September 25 , 1987 at 5: 30 P. M. There being no other discussion, a motion was made with all in favor , to adjourn . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary CITY COUNCIL MEETING MINUTES SEPTEMBER 22, 1987 7 : 00 P. M. The Wylie City Council met in regular session on Tuesday, September 22, 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, Council Members Cal Westerhof , Chris DiTota, John Akin, Kent Crane, and Marvin Blakey, City Manager John Pitstick, City Secretary Carolyn Jones , Finance Director James Johnson, Code Enforcement Officer Roy Faires , Acting Public Works Director Don White . Mayor Trimble stated that Mayor Pro Tem Donovan was absent due to illness in her family. Mayor Trimble called the meeting to order and Councilman Akin gave the invocation. APPROVAL OF MINUTES: The minutes submitted were for the September 8th, September llth and September 14th meetings . There being no corrections or additions to the minutes , a motion was made by Councilman Westerhof to approve as submitted. Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - 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 includs amendment to Task Order No . 2 from CH2M Hill Engineering Consultants and Mutual Aid in Disaster Assistance with City of Parker, Lucas, Plano, Neveda , Murphy, Sachse, and Allen, and authorization to seek bids for contract paving for 1 1/2" asphalt overlay for Park Road and Cottonbelt Street . The items on the consent agenda are to be considered as one item. The Council may move, by a motion and a 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 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 . Councilman Akin wanted to know if the money was available for the asphalt overlay, and why was this done. City Manger John Pitstick said it would come out of the new budget . Acting Public Works Director Don White stated that there has been so many complaints about Cottonbelt that he talked with staff and decided to take the Bomag out and redo the street . It will be a good street with 1 1/2" asphalt overlay. Councilman Akin said he was under the impression this would have a tac coat instead of an overlay. Acting Public Works Director Don White said the street would not last as long with the tac coat . Councilman Crane wanted to know if we have abandoned laying the asphalt with the motor grader . Mr . White said this could be done . City Manager John Pitstick said Council could decided to do this if the bids come in to high. This overlay needs to be done before the bad weather comes in. Councilman Westerhof ' s motion was seconded by Councilman Crane. The vote was as follows: Mayor Trimble - in favor , Councilman Akin - against , Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with five (5) in favor and one (1) against . / APPROVAL OF FINAL PLAT FOR APPROVED FOR CONSTRUCTION FOR WESTGATE INDUSTRIAL PARK: This item was pulled from the agenda . PUBLIC HEARING ON THE PROPOSAL FOR INCREASE IN WATER/SEWER RATES FOR THE CITY OF WYLIE: Mayor Trimble invited anyone there to come forward, to state their name and address and keep their comments to within two (2) minutes . Mayor Trimble also stated that the citizens participation was left off the agenda in error and during the next two items which are public hearings we welcome any citizen to come forward. Mayor Trimble opened the public hearing. Finance Director James Johnson said the ordinance before you is the result of the Binford Rate Study and the Enforcement Order from Texas Water Commission Board . This is an 18% increase to the water and sewer bills. The yearly pay out for the bonds for improvements to the treatment plant for 87-88 are $135,179 .00 which increases to $192,000 .00 in 88- 89 budget year . Councilman Crane wanted to know if this increase included trunk line and improvements . Finance Director James Johnson said no , just improvements to the sewer treatment plant. Councilman Crane said to help the public better understand, this is under direct orders from the Texas Water Commission Board. Mr . Johnson said yes , this was correct . Councilman Akin said we put 12% increase in February and now we are putting 18% increase, we need $135 ,000 .00 this year . Mr . Johnson said this rate design was built on the growth rate of 15% annually over the next three (3) years . Councilman Crane asked how long would we pay on this bond. Mr . Johnson said 20 years . This plant was built in 1960 and does not meet the Texas Water Commission Board rules for emptying into Dallas water . Mayor Trimble asked if there were any citizens wishing to comment . Mr . Morris Housewright of 303 Jefferson stated if we do not have 15% growth, will there be more increases . Why do we keep getting increase after increase. Have we grown by 15% . Mr . Johnson said 7 .5% growth. Mr . Housewright said if Council keeps going like this the City is going to be going the other way. Mr . Jack Mote of 409 Hilltop stated that he works with Federal and State and something should have been done over a year ago . This should have been done back in the late 1970 ' s . This is the last order from the TWC. Mr. Art Brumfield 412 Elliott wanted to know if the treatment plant supplied more than Wylie. Mayor Trimble said no . Mr . Brumfield wanted to know why we had to build it so large. City Manager John Pitstick said when you build a treatment plant you have to do it for the future. Finance Director Mr . Johnson said the Texas Water Commission would only approve a 2M per day. Councilman Crane said there is a problem with infiltration. When it rains there is a lot of old pipes that let the rain leak in and it goes through our treatment plant . Mrs . Jill Tomek of 511 Rustic Place, stated I understand we need to adjust for the new water for the new subdivision. Mayor Trimble said this is not connecting them to our system. Mrs . Tomek asked if the citizens were paying for this sewer or was the developer . Councilman Crane said we provide the facility for sewer , but the developer does pay for connecting it to the system. Councilman Crane also said we have an Impact Fee that does help pay for this system. The new people pay their own way and this has come to us from State on how to figure this fee. Every house that is occupied has help to pay for development . // Mr . Michael Turner of 201 N . Keefer wanted to know when the survey was done and if the 12% was included . Finance Director Mr . Johnson said yes the 12% was included on this report . Mr . Turner said people are not going to water their lawns next summer if this keeps going up. City Manager John Pitstick said staff has been encouraged from TWC to help people conserve water . Council will see an ordinance on this soon. Mr . David Brundidge 109 N. Keefer said it seems like a lot of this is on projected growth and over the last few years , we have grown, but if you are watching , people are not moving in like they were a few years ago. I am all for paying what we have to but it seems we are over projecting and spending it. There are elderly people here that can not afford this . I love Wylie, it is my home. Wylie is now a place where you wonder how long you can stay. This growth has become a burden. Mr . Kevin Altimier of 510 Rustic Place said I do not mind paying for water or sewer but when you have to wait a year to get a pump built it is bad . There is a water tank about one mile from my house and they have been building on this for a year . Is it on line. Finance Director James Johnson said no, we are waiting for North Texas Municipal Water District to connect a telemeter . Mr . Altimier said in looking at the budget you have a lot of people in administration, is this necessary, maybe we need more workers . Mr . Wayne Clark of Briarwood said on the same line of management or lack of it , myself and other citizens watched two (2) men supervise four (4) men . Need to get one man to supervise four (4) men. Mr . Craig Swaner 511 Jefferson said some of the problems are the fact the streets are not up to standard like in Garland . When I ask about it , it is said Wylie does not want to burden the citizens yet all I see are higher taxes . Mr . Steve Winters 123 Windsor Dr . how many employees does the City have. Mayor Trimble said 72 . Mr . Winters said in the past two years I have seen no work done on streets . Do you have a street sweeper. I have never seen it go down my street . How much did it cost . Mayor Trimble asked Councilman Akin about the cost. Councilman Akin said approximately $60 ,000 . Mr . Winters said there were to many people on the payroll . When you build the new City Hall taxes were not to go up. Where is the money going . Councilman Akin said when the City Hall was started the work force than put $100 ,000 . up for this new complex and we had 42 employees . Mr . Brad McDonald 706 Norfork said I have heard all the complaints , what are we going to do about it. Mayor Trimble said these orders were coming from the Texas Water Commission Board and the City has no choice but to raise the water/sewer bills . Mrs . David Brundidge 109 N. Keefer wanted to know why there was a little ad in the paper on the tax hearing and no one reads the Wylie News . City Secretary Carolyn Jones said there was a fourth page ad in the paper on the tax hearing . Mrs . Brundidge said she hears this , but if Council does not do something , we will go door to door and get a recall . Mr . Jerry McMahan 311 Briarwood, the statement about no choice of building this plant. Why don' t we sue the State. Mayor Trimble said several hours have been spent over several months about these issues . We have gotten the Water Commission to come off what they originally asked for . The Council and staff have until 1989 and yet they first wanted it done sooner . Mr . McMahan said there are all kinds of decision that come out of the courts and I suggest we sue the state. We may loose but at least we tried . Mr . Dillard, City Attorney, said he was not at the hearings , but he does know it would not be good to go to Court and speed money for legal obligations. The State has given you more time than when you first started with them. Mr . Brad Nash 512 Rustic Place said I moved to Wylie in March, because it was a small town and I liked it . Have we thought of getting a Federal Grant . Mrs . Bobby Curtis of 506 W. Oak said I came in June to talk with you about taxes and water and Richardson was the closest us and yet Wylie was higher . I had everything in black and white and proved Wylie was higher than Plano, Richard, Garland, are the Mobile Home Parks not paying their way. I heard Mr . Gus Pappas made a deal with them. Councilman DiTota said there is a Mobile Home Park but they have to put in their own sewer lines . Mrs . Curtis wanted to know about Southfork, will they have to put in their lines . Mayor Trimble said yes, Southfork has put in a temporary line and will have to put in the permanent lines . Mrs . Curtis also said I want to tell you about growth in Wylie. On my street there are three houses being foreclosed and we will not grow if this keeps happening. There was an article down grading Wylie in the paper , if this keeps up I will have to move. Mrs . Thelma Upshaw 425 Woodhollow Dr , stated her taxes went up $100 .00 this year. The valuation is at $93,000 . and we cannot sell it because of taxes . There is something wrong somewhere. Mrs . Gayle Yeager of 508 Willow Way said we are looking at 30% increase this year, there is a lot of people without jobs and we should consider the human side of this . Mr . Allen Nosar of 505 Rustic Place wanted to know how long the City has known about the treatment plant . If we had been expedient could we have saved. Mayor Trimble said it might have been a little cheaper in 1985 , this is an old plant . Mr . Nosar said when did the State come to us. Finance Director James Johnson said it started in 1983-84 but the major problems came in 1985 . Mr. Nosar said when did the State condemn the plant . Mayor Trimble said the State did not condemn the plant, they issued an Enforcement Order in June, 1987 . Mayor Trimble said no we did not apply for a Federal Grant . Mrs . Nash of 512 Rustic Place said Collin County raised appraised values , you received an increase base from $207 ,000 ,000 . to $270 ,000 ,000 . and you have $63 ,000 ,000 . and this will not help us . City Manager John Pitstick asked Mr . Johnson how much this would bring us . Mr . Johnson said $275,000 .00 . Mrs . Nash said $275 ,000 . and this is not enough, plus water/sewer increase. Why do we need so much more. Why did no one apply for a Federal Grant . Mayor Trimble said there was no money available for Federal Grant money at this time. Mrs . Nash said small towns can get Federal Grant money. Councilman Crane said the grant money has been looked into and it had expired. There is a new block but it is too late for us to apply. Mayor Trimble said that no one here has been here long enough to answer you. Councilman DiTota said there is an 88 Bond issue from Collin County and the more citizens that become involved , will help Wylie get funds for us . Mr . Bobby Skipwith 315 Hilltop said I understand the problem this Council has, most of you come into these problems . There is going to have to be a stopping place somewhere. I hope this Council will not keep going out getting more growth for our City. I just cannot see why Wylie has done these things in the past . When most Cities were trying to get rid of Mobile HOmes , Wylie was taking them in. When Dallas and these larger cities tried to sue the TWC, they lost and I do not see us spending money to sue the State. There being no other comments Mayor Trimble closed the public hearing . PUBLIC HEARING ON THE 1987-88 PROPOSED BUDGET: City Manager John Pitstick said we are hearing some comments tonight in regard to the budget and tax rate and one concern is that last year the revenues did not come in. In this next year we are going in with a deficit. We are moving into the new City Hall and it brings a large debt of $184 ,610 . The staff has tried to look at the revenues and looked at growth and we have cut revenues but at the same time we are bring in a ten cent tax increase. This will not bring us up todate, but we are going to bring better service with less money. One concern about taxes are our senior citizens . Our current ordinance discounts $15 ,000 .00 and the new ordinance will grant $30 ,000 .00 exemption which will exempt over half our senior citizens . City Manager John Pitstick said his concern was we were bring forward a deficit and this ten cents will not take care of it . If we get good growth, it might possible help us . The city staff has concerns on upgrading our departments . City Manager John Pitstick said I know there are citizens going through hard times , just as the City is having . We had the first hearing last week and only one person came. Without raising the tax rate, we will have to cut services . If we severely cut back you will have more problems . Mr . Michael Turner 201 N . Keefer , going into this year in the hole, why hasn' t any thing been done. All you did was borrow money. Mayor Trimble said no , there were a lot of meetings and work session. Mr . Turner said but nothing was cut . Mayor Trimble said no, we could not decide which staff to cut. Mr . Turner said tonight there are 5 cars at the police station why. Shouldn ' t they all be on the road . My wife was in City Hall last week and it took her five minutes to be waited on . Mr . Jim Howell of Rustic Place going into the year with $175 ,000 . short fall , how much will this increase lessen this year . Mayor Trimble said none , it would take another ten cents on your taxes . Mr. Howell said where did most of this debt come from. City Manager John Pitstick said it came from the revenues not coming in. Mr . Howell said he moved into Wylie a year ago and at that time he was at the end of the growth period. Mayor Trimble said it happened everywhere. Mrs . Sherry Bacher of 401 Briarwood said most of us would like to hear that you cut the budget and yet you said you have not cut this budget . I do not want to see anyone loose their job but you need to make a commitment . Mr. Gerri Schneller of 302 W. Marble the last few years our taxes have gone up. You have not done anything in these years what is going on. Taxes have gone up every year . What is going on. Mrs . Nash of 512 Rustic Place wanted to know how much tax money goes to pay for city services like for Presidential Estates . I am talking about water/sewer services . Mayor Trimble said the City will not pay for putting in the sewer lines . Mrs . Nash said people here now are not paying for more services for new people. Mayor Trimble said this is for debt service . Mrs . Nash said a few months ago there were three councilmen voted on paying their attorney fees . Isn' t this a conflict . Mayor Trimble said no legal advice said it was not a conflict. Mrs . Nash said anything over 8% increase in taxes the citizens can get together and ask for a roll back. Mrs . Bobby Curtis 506 W. Oak said all we have heard about is growth and revenues . It would be nice to have a good grocery store, what can we do to bring revenues into Wylie . Most people go to Garland and Plano for shopping . Mrs. Curtis also asked why Wylie did not have a swimming pool . I was told it was due to the insurance being to high. Why not have a swimming pool and bring in some revenues . We have nothing for our children. Mayor Trimble said a swimming pool is not a revenue source. Mr . Joe Tomek of 511 Rustic Place said on this new company coming in how much will it help us. Mayor Trimble said it will help a lot . We will be deemed their point of sale and we will get 1% of their sales tax . Mayor Trimble said it will not come in this year . City Manager John Pitstick said the City does not receive tax revenues for approximately 18 months after move in, yet we have to give fire, police, water and sewer services. Mayor Trimble said one thing, Sanden is giving us land and putting in a park. Councilman Blakey said Central Appraisal comes by the 1st of January and appraises my land and I may not build until mid Jan . , yet I do not pay taxes until next year. Mr . Tomek wanted to know if anyone could run the Bomag. Mayor Trimble said one mistake about this Bomag is the materials that go into it cost a lot , yes , we do have someone to run it . City Manager John Pitstick said we hope to rebuild some streets in the Spring . Mr . Tomek said we should look at what we have because the citizens do not like this . Mr . Gerrie Schneller 302 W. Marble stated I have called six (6) times in eight (8) weeks to have pot holes fixed. They dug up the whole street , why did they do this . Mayor Trimble said it was to help the street, and to prepare it for an overlay. Acting Public Works Director Don White said there were so many pot holes they could not fix them right and to do the whole street was the best thing . Mr . Jerry McMahan 311 Briarwood stated that he had one comment on Sanden Inc . They are one of my customers , one of your analysis of sale tax is unlikely. Because they do air conditioning for foreign cars . You will not receive sales tax . Most of their parts will go out of State. In the past two years I have had no pay raises and I feel we should take a large knife to the budget and spend no more money than in the past . Department No . 102 - City Manager Reserve of $35 ,000 .00 - salary pool for employees . Councilman DiTota said this is not for the City Manager , but it is for the city employees for those who are grossly underpaid . Councilman DiTota said we are not giving raises only if they are underpaid give a raise to help keep them. Mr . McMahan said today nearly all companies have fewer employees than last year. Councilman DiTota asked what happens when you loose an employee, you loose history. Mr . McMahan said this figure is very high. Mayor Trimble said over 72 employees , it is not very much. Mr . McMahan said do we need 72 employees . Mr . McMahan said in Department 105 $94,000 to $107 ,000 , why. City Manager John Pitstick said it was to replace a vehicle. Mr . McMahan said in Department 110 - Finance, contractual from $45 ,000 . to $68 ,000 . My point is I truly feel the Council needs to take some long strong looks at this budget . Mr . Steve Winters 123 Windsor how many in the street department . City Manager John Pitstick said six (6) in street department and four (4) in parks. The street department people are doing the work we are just contracting the asphalt overlay. Mr . Winters said that each person on Memorial and Mardi Gras paid to have their street done . I can not see giving any employee a raise. Mrs . Bobi Curtis 506 Oak Street said how much is owed in back taxes . Mayor Trimble said less than $100 ,000 .00 . Councilman DiTota ask how much money on delinquent taxes . Finance Director James Johnson said $30 ,000 .00 but most of these from builders who are in bankruptcy. Mr. Johnson also stated that demand letters have gone out. Mrs . Curtis said by having a tax person will we not have to pay for an attorney. Mr . Johnson said we are just moving the tax person from one department to another , and this does not replace an attorney. Mr . Bobby Skipwith 315 Hilltop said he is not always around Wylie to see what the employees are doing , but every time I go by the police station, there are always about seven (7) cars there. Let them take them home. I called other cities - Rowlett has 132 employees , Rockwall 8900 population with 79 employees, Forney 3200 population with 25 employees , Frisco 5050 population with 50 employees , Faires 2400 population with 19 employees , Watauga 8500 population with 65 employees , Seagoville 9500 population with 75 employees , Wylie 7800 population with 65 employees . As far as employees with other cities I feel we are a little heavy on employees. Maybe we have overloaded on supervisors . Councilman Akin said looking back at 87-85 budget $1 ,840 ,000 . , three years later $4 ,750 ,000 . with 43 employees in 84-85 and today a total of 93 employees . I feel we need to look into the budget and do something. I was told we have more important things to do . I feel this short fall could have been corrected. I feel we are getting out of the ball park in this tax rate . Revenues have been based on growth. It is frightening to increase our taxes . I for one cannot support this tax rate increase. Mr . David Brundidge 109 Keefer on the budget there is a lot of personnel , I work for a large company, we have cut out all assistant supervisors and have one mechanic for 93 trucks . What do we do in the Parks Department during the winter . There is no drainage on my street. The police station has anywhere from four (4) to six (6) cars there day and night. I know you are good people and you are trying to do things right , but do not tax us to death. There being no other comments , Mayor Trimble closed the public hearing . APPROVAL OF ORDINANCE ADOPTING THE NEW WATER/SEWER RATES: Finance Director James Johnson said these rates have been presented to Council from the Binford Rate Study and is what is needed in order to satisfy Texas Water Commission Enforcement Order. Motion was made by Councilman Westerhof to adopt the new water and sewer rates as presented . Seconded by Councilman Crane. Councilman Crane made the following statement he has been involved with this study and I have been to Austin and the one thing I have found is under this order from TWC there is nothing we can do but do the improvements . The type of plant could be done for less money if we had the time, but we do not have the time and we are out of options. I asked a former council member how this happened . He said the council was trying to protect the citizens and it looks like we have hurt them. Mayor Trimble called for a vote on the motion and second. The vote was as follows: Mayor Trimble - 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 ADOPTING THE 87-88 BUDGET: Motion was made by Councilman DiTota to approve and adopt the 87-88 budget as presented. Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor , Councilman Akin - against , Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - against , and Councilman Blakey - in favor . This motion carried with four (4) in favor and two (2) against . APPROVAL OF ORDINANCE ADOPTING THE 1987 TAX RATE: The tax rate of fifty-nine cents per one hundred dollars of valuation has been recommended to Council . Motion was made by Councilman Blakey to approve and adopt the 1987 tax rate of fifty-nine cents . Seconded by Councilman DiTota . Councilman DiTota made the following statement, I made a vow to the citizens to help pull out all the skeletons and we have inherited a lot of problems . Mayor Trimble called for a vote on the motion and second. The vote was as follows: Mayor Trimble - in favor , Councilman Akin - against , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - against , and Councilman Blakey - in favor . This motion carried with four (4) in favor and two (2) against . APPROVE AND ADOPT AN ORDINANCE ESTABLISHING CERTAIN TIME FOR SCHOOL ZONES FOR THE CITY OF WYLIE: In checking with the School District , it was suggested to use the following times for school zones : MIDDLE SCHOOL AND HIGH SCHOOL 7 : 30 A. M. - 8 : 30 A. M. 2 : 30 P. M. - 4 :30 P. M. ELEMENTARY SCHOOLS 7 : 30 A. M. - 8 : 30 A. M. 11: 00 A. M. - 12 : 30 P. M. 2 :30 P. M. - 4 : 30 P. M. Motion was made by Councilman Westerhof to approve the above times for school zones times . Seconded by Councilman DiTota. The vote was as follows: Mayor Trimble - 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 ADOPTING THE TAXATION OF TELECOMMUNICATIONS SERVICES: Finance Director James Johnson stated this ordinance authorizes a 1% sales tax on telecommunications services within the City of Wylie. Estimated revenues for this fiscal year , with the tax effective date of January 1, 1988 will be approximately $2 ,000 .00 . Motion was made by Councilman Westerhof to approve the ordinance adopting the taxation of Telecommunications Services . Seconded by Councilman Crane . The vote was as follows: Mayor Trimble - 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 . DISCUSSION OF ORDINANCE ESTABLISHING PERMITTED TIMES FOR PLACING REFUSE IN RIGHT-OF-WAY FOR PICKUP: Councilman Akin wanted to know if BFI assumed responsibility to build these concrete pads . Finance Director James Johnson said Moore Industrial had the clause in their contract to build these pads , but BFI does not have the clause in their contract . The property owner will have the responsibility. Councilman DiTota said in the refuse ordinance it states five (5) hours prior to pick up that you can set your trash out . Can this be changed to the day before. Councilman Crane said sometimes BFI does not pick up all the trash and staff has said it would be difficult to enforce it. Councilman Crane said we work hard to pass these Ordinances and then we see they can' t be enforced or see select enforcement and I feel we do not need any more unenforced ordinances . Councilman DiTota said the purpose of this ordinance was if there was a lot of complaints because of trash going out on Friday for Monday pickup. Councilman Crane said he would support this if he had input from Mr . Faires . City Manager John Pitstick said Mr . Faires could enforce it , but not actively go out looking , but enforce it from complaints . Mr . Faires , Code Enforcement Officer , said this ordinance came about because a council member ask if other cities have this type of ordinance. Plano and Richardson have this ordinance. Mr . Faires said it would be a difficult ordinance to enforce. We do not have the staff to just roam the City and look for violators . I feel it can be enforced when necessary. Councilman Crane wanted to know if Councilman DiTota would be satisfied with the day before pickup being in the ordinance. Councilman DiTota said yes , the concerns from the citizens were for people who put their trash out several days before pickup. Mayor Trimble wanted to know if Council wanted this to be brought back for a vote. City Manager John Pitstick said staff would talk to the person violating the ordinance and then enforce penalty if they continued . Mayor Trimble called for a ten minute break. DISCUSSION OF ORDINANCE ESTABLISHING MINIMUM STANDARDS FOR THE INSTALLATION OF BULK REFUSE RECEPTACLES: Mr . Faires stated this ordinance was requested by Council and is before you for discussion. The engineering staff has drawn the diagram for these pads and has set the setbacks . Councilman Crane said he disagrees with the setback and size of pad. It looks like it could place a hardship on our businesses . Mr . Faires said the trucks are 40 ' long. Crane said the pad wasn' t the problem it was the setback. City Manager John Pitstick said to make the pad long enough for the truck to be off the street . Councilman Westerhof said some places do not have any room at all . City Manager John Pitstick said it can be set up for new construction . Mr . Faires said the pad should be 10X20 . Mayor Trimble said this should be for all new construction to comply with and existing just to place the concrete pad. Councilman Crane said he still has a problem with the 20 ' setback even in the new construction. Mr . Faires said it is from the trucks being in the streets and tearing up the asphalt . City Manager John Pitstick said the pad has to be set in such a manner that the truck has to be off the road . DISCUSSION OF ORDINANCE ESTABLISHING MINIMUM REQUIREMENTS FOR KEEPING AND/OR MAINTAINING ANIMALS WITHIN THE CITY LIMITS OF WYLIE: Mr . Faires stated this has been discussed over the last four (4) years . The City' s current ordinances are not up to standard for today. This ordinance has come from ordinances from Plano and Garland and Allen. The staff has put these three ordinances together to make our ordinance more modern. This is for discussion and for your opinion and to check out the wording. Councilman DiTota said in Section 18 A & B is this going to be a problem, I know there are some people who do have chickens in their back yards . Mr . Faires said this is what he was talking / about in the wording. Councilman Akin said has something come up, this has been talked about several times . Councilman DiTota wanted to know how you would enforce a barking noise . Shouldn' t there be something about a number of complaints prior to going out on call. Acting Public Works Director Don White said he was trying to recover some of his revenues with the repeat offenders. We charge $10 .00 when we pickup a dog. If we keep it five (5) days , then we have been out $50 .00 and the owner says to keep it. In this ordinance we can file on the owners . The staff has talked about the cat traps, having a deposit put on them or a release signed to the customer that they are responsible for the loss or damage to the traps. City Manager John Pitstick said this is a good ordinance and the Animal Control Warden is going to enforce it, but the Council will be the one to get the complaints . Councilman Crane said he has a problem with agricultural use in the City and telling the people they can not keep animals . Mr . Faires said it could be broken down to one (1) acre or more. ADOPTION OF TEXAS MUNICIPAL RETIREMENT SYSTEM UPDATED SERVICE CREDIT PLAN: City Manager John Pitstick said the City has to approve, at the time of budget , the Updated Service Credit. This allows an employee to get more retirement at little cost to the City. Staff recommends Plan 1. Motion was made by Councilman DiTota to approve the Updated Service Credit Plan 1 . Seconded by Councilman Crane. The vote was as follows: Mayor Trimble - 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 . Mayor Trimble recessed the open meeting and convened Council into executive session at 10 : 15 P .M. under the authority of Article 6252-17 V.A.C.S . , Section 2 , paragraph "f" real property to consider and authorize execution of settlement agreement with East Fork Water Supply Corp and necessary documents . Mayor reconvened the open meeting at 10 :40 P. M. AUTHORIZATION OF SETTLEMENT AGREEMENT WITH EAST FORK WATER SUPPLY CORP AND NECESSARY DOCUMENTS: Motion was made by Councilman DiTota to approve the settlement agreement with East Fork Water Supply Corp and necessary documents . Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - 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. There being no other business , Mayor Trimble called for a motion to adjourn. Motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary 1/?l C CALLED CITY COUNCIL MEETING - MINUTES SEPTEMBER 25 , 1987 5: 30 P. M. The Wylie City Council met in a called session on Friday, September 25 , 1987 at 5: 30 P . M. in the conference room at City Hall . 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, Council Members Calvin Westerhof, Marvin Blakey and Kent Crane, City Manager John Pitstick, City Secretary Carolyn Jones . Those absent were Mayor Pro Tem Sandra Donovan, Council Members John Akin , and Chris DiTota who were out of town. Mayor Trimble called the meeting to order . APPROVAL OF ORDINANCE AMENDING ORDINANCE 86-38A TO PROVIDE FOR $30 ,000 .00 OF THE ASSESSED VALUATION OF RESIDENCE HOMESTEADS BE EXEMPT FROM AD VALOREM TAXES FOR ALL PROPERTY OWNERS SIXTY-FIVE (65) YEARS OF AGE AND OLDER: Motion was made by Councilman Westerhof to approve the ordinance amending Ordinance #86-38A to provide for $30 ,000 .00 of the assessed valuation of residence homesteads be exempt from Ad Valorem Taxes for all property owners sixty-five (65) years of age and older . Seconded by Councilman Blakey. The vote was as follows: Mayor Trimble - in favor, Councilman Westerhof - in favor , Councilman Blakey - in favor , and Councilman Crane - in favor . This motion carried with all in favor . There being no other business , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary Staff Report to Dilatui- and City Council DATE: SUBJECT: NO: of, 10-7-87 Various Board Meetings for the City of Wylie The present schedule for some of the various boards is creating problems with getting the information to Council Agenda in a timely manner. Plus with the growth of Wylie, the new Municipal Judge has requested two (2) court dates each month. With these two things in mind, the attached schedule is being presented to Council for your approval. The effective date of this new schedule will be November 1, 1987. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Carolyn Jones FOR ADD.INFO. CONTACT: OTHER: (.771 ***************************************************************** BOARD MEETING SCHEDULE ***************************************************************** BOARD AGENDA DEAD LINE MEETING DATES ***************************************************************** PLANNING AND ZONING OCTOBER 28 , 1987 NOVEMBER 2 , 1987 1ST & 3RD MONDAY NOVEMBER 11 , 1987 NOVEMBER 16 , 1987 DECEMBER 2 , 1987 DECEMBER 7 , 1987 DECEMBER 16 , 1987 DECEMBER 21 , 1987 DECEMBER 30 , 1987 JANUARY 4 , 1988 JANUARY 13 , 1988 JANUARY 18 , 1988 JANUARY 27 , 1988 FEBRUARY 1 , 1988 FEBRUARY 10 , 1988 FEBRUARY 15 , 1988 MARCH 2 , 1988 MARCH 7 , 1988 MARCH 16 , 1988 MARCH 21 , 1988 MARCH 30 , 1988 APRIL 4 , 1988 APRIL 13 , 1988 APRIL 18 , 1988 APRIL 27 , 1988 MAY 2 , 1988 MAY 11 , 1988 MAY 16 , 1988 JUNE 1, 1988 JUNE 6 , 1988 JUNE 15 , 1988 JUNE 20 , 1988 JULY 4 , 1988 HOLIDAY JULY 13 , 1988 JULY 18 , 1988 JULY 27 , 1988 AUGUST 1, 1988 AUGUST 10 , 1988 AUGUST 15 , 1988 SEPTEMBER 5, 1988 HO SEPTEMBER 14 , 1988 SEPTEMBER 19 , 1988 ***************************************************************** CITY COUNCIL NOVEMBER 4 , 1987 NOVEMBER 10 , 1987 2ND & 4TH TUESDAY NOVEMBER 18 , 1987 NOVEMBER 24 , 1987 DECEMBER 2, 1987 DECEMBER 8 , 1987 DECEMBER 16 , 1987 DECEMBER 22 , 1987 JANUARY 6 , 1988 JANUARY 12 , 1988 JANUARY 20 , 1988 JANUARY 26 , 1988 FEBRUARY 3 , 1988 FEBRUARY 9 , 1988 FEBRUARY 17 , 1988 FEBRUARY 23 , 1988 MARCH 2 , 1988 MARCH 8 , 1988 MARCH 16 , 1988 MARCH 22 , 1988 APRIL 6 , 1988 APRIL 12 , 1988 APRIL 20 , 1988 APRIL 26 , 1988 MAY 4 , 1988 MAY 10 , 1988 MAY 18 , 1988 MAY 24 , 1988 JUNE 8 , 1988 JUNE 14 , 1988 JUNE 22 , 1988 JUNE 28 , 1988 JULY 6 , 1988 JULY 12 , 1988 JULY 20 , 1988 JULY 26 , 1988 AUGUST 3 , 1988 AUGUST 9 , 1988 AUGUST 17 , 1988 AUGUST 23 , 1988 SEPTEMBER 7 , 1988 SEPTEMBER 13 , 1988 SEPTEMBER 21 , 1988 SEPTEMBER 27 , 1988 ***************************************************************** PARK & REC. BOARD OCTOBER 28 , 1987 NOVEMBER 5, 1987 1ST THURSDAY NOVEMBER 25 , 1987 DECEMBER 3 , 1987 DECEMBER 30 , 1987 JANUARY 7 , 1988 JANUARY 27 , 1988 FEBRUARY 4 , 1988 FEBRUARY 24 , 1988 MARCH 3 , 1988 MARCH 30 , 1988 APRIL 7 , 1988 APRIL 27 , 1988 MAY 5, 1988 MAY 25 , 1988 JUNE 2 , 1988 JUNE 29 , 1988 JULY 7 , 1988 JULY 27 , 1988 AUGUST 4 , 1988 AUGUST 31 , 1988 SEPTEMBER 2 , 1988 ***************************************************************** LIBRARY BOARD NOVEMBER 4 , 1987 NOVEMBER 9 , 1987 2ND MONDAY DECEMBER 9 , 1987 DECEMBER14 , 1987 JANUARY 6 , 1988 JANUARY 11 , 1988 FEBRUARY 3 , 1988 FEBRUARY 8 , 1988 MARCH 9 , 1988 MARCH 14 , 1988 APRIL 6 , 1988 APRIL 11 , 1988 MAY 4 , 1988 MAY 9 , 1988 JUNE 8 , 1988 JUNE 13 , 1988 JULY 6 , 1988 JULY 11 , 1988 AUGUST 3, 1988 AUGUST 8 , 1988 SEPTEMBER 7 , 1988 SEPTEMBER 12 , 1988 ***************************************************************** MUNICIPAL COURT 1ST & 3RD TUESDAY ZONING BOARD OF ADJUST. MEET ON A CALL BASIS CONSTRUCTION TRADE BOARD MEET ON A CALL BASIS ***************************************************************** Staff Report to Mayor and City Council DATE: SUBJECT: NO: 10-9-87 Speed Fab-Crete Draw #12 This is for draw #12 from Speed Fab-Crete and is in the amount of $142 , 230 . 39 . The attached draw has been reviewed by city staff and we recommend payment . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL ROY FAIRES FOR ADD.INFO. CONTACT: OTHER: ROY FAIRES 1 ?!!!), Cittcber 1, 1981 j. CORPORATION INTUWNATIONAL UCEobei 1, 1987 w.nonuu.Dery P. 0. Box 15580 FORT WORTH, TEXAS 76119 Local 478-1137 Metro 572-0351 CITY OF iiYLIE 114 N. BALLARD P.U. BOX 428 CUST#6b2 WYLIE, TX 75098 PLEASE DETACH AND RETURN WITH YOUR REMITTANCE. NET 10 DAYS S DESCRIPTION RE: CITY OF iYYLIE MUNICIPAL CO FLEi; ,IU$#b090S DRAW 112 10;h SILLI!S LEES FETAINASE SEE SPREAD SHEET: ,. HL g3Ji1T L..E DRi,* / NE .i SPEED FAB-CRETE ���_ _L *OrdIN THIS COLUMN PAY LAST AMOUNT f�� CORPORATION INTERNATIONAL CUSTOMER COPY APPLICATION AND CERTIFICATE FOR PAYMENT A:,, `']L. E''` "L TO(OWNER): ,i ; ;,LIE PROJECT: GIT' OF 1L1L ML.+1 '.371'LE;; APPLICATION NO: 4;12 Distribution to: ❑ OWNER ;L EL ;: 'U1/'87 ❑ ARCHITECT ', ` y}i i`; 'y PERIOD TO: ❑ CONTRACTOR FROM(CONTRACTOR): ti,'r: r I -. VIA(ARCHITECT): LEE .'44RI i :KLI ;i=; ARCHITECT'S ❑ PROJECT NO: t, CONTRACT FOR: L i �util�t CONTRACT DATE: ' ,;; IL Ll, I �.... Application is made for Payment, as shown below, in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ I ',`�' � � �,:i ii„ Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ [i,19u.'J,u previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ i,14 ,514.Oi1 TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ 1,e 44,514.u;% Approved this Month 5. RETAINAGE: Number Date Approved a. ij1% of Completed Work $ 1;4,•:`a .4J; k 1;. 112 .:r b.,8 i ;i b. % of Stored Material $ Total Retainage(Line 5a + 5b or TOTALS ,;;;. Total in Column 1 $ I 4,6rii7 du Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 1,571,.:i6.6G The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total) information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 1,4 ;,a'36.L1 I paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE $ 14Z,23.39 issued and payments received from the Owner, and that current payment shown 9. BALANCE TO FINISH, PLUS RETAINAGE $ Irt,tdl. herein is now due. (Line 3 less Line 6) SHED FHB '"E�'ETE 0 ;141,tT ..ki, 1"`.'L State of: Texas County of: Tarr--:t CONTRACTOR: Qt,�,� ` Subscribed and sw rn to before me this 3�Cl-C� day of '- % ,1977 Notary Public: 4 C te: My Commission expires: j� \r"7 AMOUNT CERTIFIEDI ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation ' amoun ertifie differs from the amount applied for.) ARCHITECT: In accordance with the Contract Documents, based on on-site observations and the z 41,4 �� data comprising the above application, the Architect certifies to the Owner that to the / — Date: /143 best of the Architect's knowledge, information and belief the Work has progressed as B This ertific is not negotiable. T AMOUNT CERTIFIED is payable only to the indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. I ' I ...0:::i CONTINUATION SHEET 1 h L'r '41'._it PAGE I OF ; PAGES APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: :,Hus'03 WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No VALUE Previous This MATERIALS STORED TO DATE 0, TO FINISH A B C Applications Application F G(D+E+F) '° H(C—G) I D E 1 ,„-2. EMF 8EF,VILES -.-tJ., 4,e: 5.1.P., 45A ,,, lç . 0.u1.1 .1,A1 15,Y.0).u0 15,5.1':j.'„- L,,A 0.Qv E!.'J. '31 AMP 0.06 1,0 .[.,. IA% 1301D‘'d l'", ',•,Icl, 1 ,7,..S4 1!,17,54 .t-)0 u. f'•-1';,RS -,.:`,..L4r,-;.r.: :,--J,245.;,N ,...;..i1.1 25,245,..,,... l',.)0% UNLkEIE 'il,]Si. 71 •.4 .'11.i 22::,tit .14 113,365.P.,'., ,--;3,4,.i,k..,. 1(;4. P P,E.t..,:./S I 140P,i ,',.'.,.M.QU . O,u 21 ,I.;:.:,•. 4.-;.1_1E FilLti d,51ALL. 1REATNENI 11 ..6P.,,. ,;‘) ,.,, , .. , ,, . ,,,,,,,,. I:.57.3.,,y -2,'L C:. ,1; ;,W,I.O!.j. 0.'.!.; Lill_r iiP POOF c:5 ,1[,-.:1.ui) 35,4U3.61": 0.i.iu 85,4H.ki 1!.'.:. J1,,1*.LF SlSVi.t,. .:.;9,1 .i , : .. ...: tPlvE THK!..V1.! W1N'L'4 1,9 18.*.v . ,i Id.Uk; (J., :i NERIDR:w1L rjOR8 :L,8.)4.1,6 .,:,.,E.,4. i ou CE.10::', 14::.211.iii.. l'1;:. '.,9. IL . :', .;'..:'3 14.:,.2-i 4.(....:. 10J`,1 : .J.: L,L38.00 5,EL,J.'..., 1. A ,Pi, 0.ou :',-;;FIP:',...:',9 ,i1,!,..1:. 4,,::,: ....;.i li.Ai; .;•:I,_. , .. ,- 1,.....i.;', E1.Er i:.1UL 1,.,:.-;o,.Lz; r, L.,H,1-..f0 H-',.. ' ) , UUUUU ' 1 1. .': 16:: . :)..A: 11;.- 1. ',..;',IF.i11ir:! ,..,51 ,;.. L,1,5 !...,.,.:Y i:, !LA.! iLLESSL 1E:L. i I,'T. ,1... 15'.., 11,.30,i.' ! 1 ,,;% LLEh, ii SUB TOTAL OR TOTAL I I CONTINUATION SHEET PAGE OF PAGES APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH % A B C Applications Application F G(D+E+F) H(C—G) I D E LL,44v. ik,C, 4 . _ SUB TOTAL OR TOTAL i.i .'.','.. 1,t:EE.'S AL :..6,.;,L',,'36 !,746,574.;.;, Staff Report to Mayor and City Council DATE: SUBJECT: NO: 10-9-87 Change Order ?#3 - Reflect Credit This change order reflects a credit due the City from Speed Fab-Crete in the amount of $10,054.00. This is for the deletion of crubs, credit to electrical primary & secondary reduction in length of service connection and to shorten cabinet in room 125 and add cabinet to lunchroom, room 114, including sink and necessary plumbing and electrical for undercounter water heater and add change in floor tile to 1/8" from 3/32". ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Roy Faires FOR ADD.INFO. CONTACT: OTHER: Roy Faires CHANGE ORDER Distribution to: OWNER ❑ AIA DOCUMENT G701 ARCHITECT ❑ — CONTRACTOR ❑ FIELD 0 OTHER ❑ ' PROJECT: Attn: James Johnson CHANGE ORDER NUMBER: Three (3) (name, address) City of Wylie P.O. Box 428 INITIATION DATE: TO (Contractor): Wylie, Texas 75098 Speed Fab—Crete Corp. , Int'l ARCHITECT'S PROJECT NO: P.O. Box 15580 CONTRACT FOR: Wylie City Complex f Fort Worth, Texas 76119 L� CONTRACT DATE: July 8, 1986 You are directed to make the following changes in this Contract: 1. Credit for deletion of curbs Credit: ($ 11,088.00) 2. Shorten cabinet in Room 125, add cabinet to lunchroom, Room 114, including sink and necessary plumbing and electrical for undercounter water heater Add: 325.00 3. Change floor tile to 1/8" from 3/32" throughout building Add: 1,885.00 4 . Credit electrical primary & secondary reduction in length of service connection Credit: (1,646.00) 5. Add three electric locks to jail safety vestibule, delete three series 80 manual locks n/c 6. Cut pass through on windows per Roy Faires Add: w44 7l�,° Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was $ 1,734,838.00 Net change by previously authorized Change Orders The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was $ 1,756,628.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) !v by this Change Order $ ' t 4',Ib The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be $ / bC7 T The Contract Time will be (increased) (decreased) (unchanged) by li /��' The Date of Substantial Completion as of the date of this Change Order therefore is `�(�� ) Days. Lee Stuart & Associates Speed Fab—Crete Corp. uthorized: A HlTE�T P• , Int'1. 'City of Wylie �.U. Box 15580 CQNOTRACTOR 15580 OWNSt� Address r B Y.O. Box 428 Address Address Fort Worth, Texas 76119 Fort Worth, Texas 76119 Wylie, Texas 75098 BY BY BY DATE D /, DATE MA G701 • CHANGE THE AAME tICANT INSTITUTE OF ARCHITECTS,S,E1735 NEW YORK AVE., N.W NtiWASHINGTON,• •D.C. 2OOfl( . G701—1978 Staff Report to Mayor and City Council DATE: SUBJECT: NO:� 10-9-87 Resolution for 9-1-1- Service • The attached is a resolution for the 9-1-1 service prepared by the City Attonrey. In accordance with his instructions , I am recommending the public hearing be held on Tuesday, November 10 , 1987 . This is the earliest date possible in order to meet public hearing notification requirements . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Carolyn Jones FOR ADD.INFO. CONTACT: OTHER: Carolyn Jones SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner. Jack, Sallinger & Nichols) Attorneys & Counselors at Law PRESTON CENTER OFFICE ALPR[D SALLINGER 1800 Lincoln Plaza 8222 Douglas Ave.Suite 707 L.LOUISWREN NICHOLS Dallas.Texas 75225 LAwR[MCF W JACKSON 500 N. Akard 12141 692-I218 TIM KIRK Dallas, Texas 75201 ROBERT L.DILLARD❑I (214) 954-3333 ROU[RT D.HEMPHILL ROBERT E.HAGER PETER G.SMITN September 28, 1987 ROT L.ARMSTRONG DAVID M. RO•[RT L.DILLARD.JR. ^ ^ ���JONC P. III Of COUNSEL 'L r=+ `` aRUC[A..STOC STOCKARO PAM GANOAL EUDARIC I 1, I SEP 2 91987 ! ;L! Nis. Carolyn Jones City Secretary --�� City of Wylie P. O. Box 428 Wylie, Texas 75098 Dear Carolyn: Enclosed please find the original and copies of a resolution calling a public hearing to consider implementation of 911 service and the necessary fees. It appears that the Company desires that we have the public hearing prior to enactment of an ordinance which would authorize execution of the contract previously presented. Please place this resolution on the Council Agenda for the next meeting and recommend to the Council the date for the public hearing. Please let me know if you have any questions. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK do DILLARD 1 i ai? ),v2Ifj, Robert L. Dillard III RLD/sb Enclosures RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CALLING A PUBLIC HEARING WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE ON THE QUESTION OF ESTABLISHING 911 EMERGENCY SERVICE AND ON THE QUESTION OF IMPOSING EMERGENCY SERVICE FEES FOR IMPLEMENTATION THEREOF. WHEREAS, the General Telephone Company has proposed that 911 emergency telephone service be furnished within the boundaries of the City of Wylie; and WHEREAS, the City Council of the City of Wylie has determined that it is in the best interest of the public health, safety, and general welfare to consider a 911 emergency service system for implementation within the City; and WHEREAS, the City Council desires input from the public as to the implementation of such system and the imposition of fees necessary for the purchase, installation, operating and maintenance expenses of such service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That a public hearing shall be held on the day of 1987, for the purpose of obtaining input from the public with regard to the implementation of 911 emergency telephone service within the corporate limits of the City and with regard to the imposition of 911 emergency service fees to provide for the purchase, installation, operating and maintenance expenses of 911 emergency service to be furnished pursuant to a written contract between the City of Wylie and the General Telephone Company. SECTION 2. Notice is hereby given that it is anticipated that the implementation of such service will establish a collection fee per access line of approximately Ninety-three Cents (93 ) per month that will added to each telephone bill and will authorize the Company to act as a collection agency for the City. SECTION 3. Citizens are requested to respond in person at the public hearing or by letter addressed to the City of Wylie, P. O. Box 428, Wylie, Texas 75098. �� v SECTION 4. The City Secretary is directed to publish this resolution in the official newspaper of the City at least ten (10) days prior to the date set for the public hearing, to distribute copies of this resolution to all persons requesting the same, and to post a copy hereof on the official bulletin board of the City at least ten (10) days prior to said public hearing. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1987. APP ROVED: MAYOR ATTEST: CITY SECRETARY 3 _3 ORDINANCE NO. BEING AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, ESTABLISHING PERMITTED TIMES FOR REFUSE TO BE PLACED IN RIGHT-OF-WAY FOR PICK UP PROVIDING FOR A REPEALING CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500 .00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE: WHEREAS The City Council has determined that the premature placement of Refuse provides an attractive nuisance , and WHEREAS The City Council has determined that premature placement to Refuse is detramental to the health , safety and welfare of the citizens of the City of Wylie, therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, THAT SECTION 1 : It shall be unlawful , in residential areas of the City, for any person to place Refuse of any nature on the right-of-way (front , side , or rear) prior to the hour of Seven (7) P . M. on the day prior to designated day of pickup. SECTION 2 : The presence of Refuse in right-of-way of any residence shall be considered prima facie evidence that the Refuse as placed there by or on behalf of the owner or occupant of such residence . SECTION 3 : REPEALING CLAUSE That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect . SECTION 4 : SEVERABILITY CLAUSE Should any paragraph, sentence, subdivision , clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid , the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid , illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance . SECTION 5: PENALTY Any person , firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500 .00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense . SECTION 6 : PUBLICATION CLAUSE This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides . DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS , THIS THE DAY OF , 1987 . Chuck Trimble , Mayor ATTEST: Carolyn Jones , City Secretary ORDINANCE NO. BEING AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING MINIMUM STANDARDS FOR THE INSTALLATION OF BULK REFUSE RECEPTACLES, PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS (3500. 00) FOR EACH OFFENSE ; AND DECLARING AN EFFECTIVE DATE. WHEREAS: The City Council has determined that improperly placed and inadequately supported Bulk Refuse Containers (Dumpsters) create a substantial deterioration to the streets and public areas within the city and : WHEREAS : Damage to the streets and public areas is determined to be hazardous. to the public health, safety, and general welfare therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . No person shall install or maintain a Bulk Refuse Container without first having supplied adequate support and access thereto. SECTION 2. The support and access required in Section I shall consist of the following : (a) A concrete pad measuring ( 10) ten feet in width and (20) twenty feet in length. The concrete shall contain #4 deformed steel bars placed ( 18) eighteen inches on center each way and shall have a compression strength of (3500) three-thousand five-hundred pounds per square inch after having cured for (28) twenty-eight days. (b) The access to the pad required in (a) shall have an impervious surface and measure a minimum of ( 10) ten feet in width and (30) thirty feet in length, and must be totally on the premises being served. (c) These requirements are contained in EXHIBIT "A". Attached here to which is hereby adopted by reference as if it were a part thereof. SECTON 3. Existing installations shall comply with the terms of this ordinance with in (3) three months of the passage of this ordinance Cr' the time the property is annexed. SECTION 4. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. 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 decided to be invalid, illegal or unconstitutional d shall not t 9 ati��nal an affect the invalidity as a whole. SECTION S. Any person, firm or corporation violating any of the provisions Cr terms of this ordinance shall be subject to a fine not to exceed five hundred dollars $5CIO. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of Chuck Trimble, Mayer ATTEST : Carolyn Jones, City Secretary a#4e 6 mP57. / i 3�..,b0 A. /. Z8 64`r !' ,n� . S7,4 I C,r►-/ (20,c.t C, t. 1. o' 1,!t r t. Oa = ? c SFcr/Ott ( ryP ) /76-itil I,t) / "'O.( 6. 1-41 a k / z ', ri'ic l ( JCL S/Llcs) LLy 6)IST, 45,4)NAl[,T 726 //. (1 ORDINANCE NO. BEING AN ORDINANCE OF THE CITY OF WYLIE REPEALING ORDINANCES 68-6 , 75-1-79-15 , AND 79-28 AND ESTABLISHING MINIMUM REQUIREMENTS FOR KEEPING AND/OR MAINTAINING ANIMALS, PROVIDING A REPEALING CLAUSE , PROVIDING A SEVERABILITY CLAUSE, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500 .00 ) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE . WHEREAS : The City Council has determined that the present Animal Control Ordinances of the City are antiquated and in need of consolidation and modernization therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE , COLLIN COUNTY, TEXAS, that SECTION 1 . That Ordinances 68-6 , 75-1 , 79-15 , and 79-28 are hereby repealed . SECTION 2 . Definitions The following words, terms and phrases , when used in this ordinance shall have the meanings ascribe to them in this section, except where the context clearly indicates a different meaning : Animal-means any live vertebrate creature , domestic or wild . Animal Control Officer-means a person designated by the City Manager to represent and act for the city in the impounding of animals , controlling of animals running at large and as otherwise required in this ordinance. Animal Shelter-means a facility operated by the city for the purpose of impounding or caring for animals held under the authority of this ordinance or state law. At Large-means off the premises of the owner and not under the control of the owner or another person authorized by the owner to care for the animal by leash, cord , chain or rope . Circus-means a commercial variety show featuring animal acts for public entertainment . Commercial Animal Establishment-means any pet shop, auction, riding school or stable, zoological park, circus , recurring animal exhibition or kennel . Kennel-means any premises wherein any person engages in the business of boarding , breeding , buying , letting for hire , training for a fee, or selling dogs and cats . Livestock-means all domesticated animals , including but not limited to horses , cows , mules , goats , sheep, and pigs . Owner-means any person, partnership, or corporation owning , keeping or harboring one (1 ) or more animals . An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more. Performing Animal Exhibition-means any spectacle , display, act or event other than circuses in which performing animals are used . Pet-means any animal kept for pleasure rather than utility. Pet Shop-means any person, partnership , or corporation , whether operated separately or in connection with another business enterprises , except for a licensed kennel , that buys , sells , boards , or grooms any species of animal . Public Nuisance-means any animal which molests passersby or passing vehicles , attacks other animals , trespasses on school grounds , roams at large damages , public or private property, barks , whines , meows , or howls in an excessive continuous , or untimely fashion . Restraint-means secured by a leash or lead or under the control of a responsible person and obedient to that person' s commands ,or within the real property limits of its owner and under the control of a responsible person and obedient to that person ' s commands . • Riding school/stable-means any place which has available for hire, boarding , and/or riding instruction any horse , pony, donkey, mule, or burro . Vaccination-means an injection of United States Department of Agriculture approved rabies vaccine administered every twelve (12) months or as prescribed by the Texas Board of Health by a licensed veterinarian . Veterinary hospital/clinic-means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals . Vicious Animal-means any individual animal that has on two (2) previous occasions without provocation attacked or bitten ay person or other animal , or any individual animal which the environmental health department and/or a licensed Veterinarian has a reason to believe has a dangerous disposition . Wild Animal-means any live monkey (nonhuman primate) , raccoon, skunk, ferret , fox , wolf , bear , leopard , panther , tiger , lion, lynx , or any other animal which can be normally found in the wild state, including poisonous snakes , boa constrictors , alligators , crocodiles and other reptiles . Zoological Park-means any facility other than a pet shop or kennel , displaying or exhibiting one (1 ) or more species of nondomesticated animals , operated by a person, partnership, corporation, or governmental agency. SECTION 3 : PET AND ANIMAL CARE GUIDELINES: The following are established as guidelines for pet and animal care and (are) not intended to contravene the provisions for animal cruelty contained in the Texas penal Code. (a) PROVISION OF FOOD, SHELTER AND CARE GENERALLY : No owner shall fail to provide his animals with sufficient good and wholesome food and water , proper shelter and protection from the weather , veterinary care when needed to prevent suffering , and with humane care and treatment . (b) ABUSE OF ANIMAL FIGHTING: No person shall beat , cruelly ill-treat , torment , overload, overwork or otherwise abuse an animal , or cause, instigate or permit any dogfight , cockfight , bullfight , or other combat between animals or between animals and humans . (c) ABANDONMENT: No owner of an animal shall abandon such animal . (d) COSMETIC SURGERY: No person shall crop a dog' s ears , except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog ' s health and comfort ; and in no event shall any person except a licensed veterinarian perform such an operation. (e) STRIKING WITH A VEHICLE: Any person who , as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible, and shall immediately report such injury or death to the animal ' s owner ; in the event the owner cannot be ascertained and located , such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. SECTION 4 : ENFORCEMENT (a) The provisions of this ordinance shall be enforced by the Animal Control Officer (s) . The animal control officer (s) have the authority to issue citations to persons violating the provisions of this ordinance . (b) It shall be unlawful for any person to interfere with an animal control officer (s) or his duly authorized representative in the performance of his duties as prescribed by this ordinance. (c) Animal control officer (s) have the right to pursue animals running at large onto private property while enforcing the provisions of this ordinance. SECTION 5 : PAYMENT OF FEES GENERALLY The Animal Control Officer (s) shall be responsible for collecting all fees established and levied in accordance with this ordinance . Under no circumstances will there be refunds of any fees . SECTION 6 : CERTAIN ESTABLISHMENTS EXEMPT FROM LICENSE AND PERMIT REQUIREMENTS Veterinary hospitals/clinics and government-operated shelters and zoological parks are exempt from obtaining any permits that may be required by this ordinance . SECTION 7 : DOG AND CAT PERMITS AND TAGS - GENERALLY (a) It shall be unlawful for any person to own, keep or harbor any dog or cat within the city, unless a current registration permit has been issued for such dog or cat in accordance with this section . O (b) The owner of any dog or cat within the city shall make application to the Animal Control Officer (s) of the city or his representative for a registration permit for such dog or cat . Such application shall contain information on the dog ' s or cat ' s description , date of vaccination , and name, address and telephone number of the owner , keeper or harborer . The owner , keeper or harborer shall also present to the Animal Control officer (s) of the city or his representative a current certificate of vaccination issued for such dog or cat in accordance with Section 10 of this ordinance . (c) For each dog or cat the registration permit shall be accompanied by a fee of three dollars ($3 . 00) per year . (d) Upon the owner ' s compliance with the above provisions of this section, the Animal Control Officer (s) or his representative shall issue a registration permit for the dog or cat , together with a metal tag , which tag shall be attached to the dog ' s or cat ' s collar . (e) A permit issued under this section shall be valid for the calendar year in which issued and shall be renewed on or before the first day of January of the following year . ( f) If a permit tag issued under this section is lost or stolen, it may be replaced by payment of a fee of one dollar ($1 .00 ) and presentation of the registration permit . If the tag and registration permit are both lost or stolen , a new permit must be purchased at the regular fee as set out above . (g) Any false statement in a rabies certification , or application for a permit under this section, shall render null and void the permit issued for such dog or cat and shall subject such dog or cat to being impounded in accordance with the provisions of this ordinance . SECTION 8 : DOG AND CAT PERMITS AND TAGS - EXCEPTIONS Fees under section 7 shall not be required for dogs trained to assist the auditory or visually impaired person, nor for government police dogs . SECTION 9: DOG AND CAT PERMITS AND TAGS - TRANSFER; USED FOR OTHER ANIMAL (a) It shall be unlawful for any person to use any permit for any animal other than the animal for which it was issued . (b) Permits shall not be transferable among animals or their owners . State law reference - Registration of dogs and cats , Vernon ' s Ann. Civ . St . , art . 4477-6a & 3 . 07 . SECTION 10 : PERMIT/LICENSE REVOCATION (a) The Animal Control Officer (s) may revoke any permit or license of any person regulated by this ordinance if the person holding the permit or license refuses or fails to comply with this ordinance or any law governing the protection and keeping of animals . (b) The Animal Control Officer (s) shall be permitted to inspect all animals and the premises where animals are kept at any time. If permission to inspect is refused , the license of the owner may be revoked . In any instance, the animal control officer has the right to enter private property and commercial animal establishments to enforce regulations covered in this ordinance. (c) The Animal Control Officer (s) shall have the right to order the humane disposition of animals when a license is revoked . State law reference - Right of entry of state health inspectors , Vernon' s Ann . Civ . St . , art . 4414b, & 1 .05 , art . 4419b-1 & 3 . 07 . SECTION 11 : VACCINATION OF ANIMALS CAPABLE OF TRANSMITTING RABIES The owners of all animals capable of transmitting rabies shall have such animals vaccinated, every twelve (12 ) months or as prescribed by the Texas Board of Health against rabies with a vaccine approved by the United States Department of Agriculture and administered by a licensed veterinarian , who shall issue to the owner of the animal a vaccination certificate. The owner shall retain such certificate until the vaccination , a metal tag shall be issued by the veterinarian showing the name of the veterinary clinic , the tag number , and the year of issuance . State law reference - Vaccination of dogs and cats, Vernon ' s Ann . Civ . St . art 4477-6a & 3 .05 . SECTION 12 : RABIES CONTROL (a) It shall be the duty of the owner or harborer of any animal or practicing veterinarian to report to the environmental health department all suspected cases of rabies . The report shall be made immediately upon diagnosis or suspicion of rabies in animals . (b) Should a potential outbreak of rabies within the city be suspected and the danger of the public safety from rabid animals be reasonably eminent, the Animal Control Officer (s) is hereby authorized to issue a quarantine proclamation , ordering persons owning , keeping, or harboring dogs , cats , or other animals to muzzle the same or confine them for such time as may be specified in such quarantine proclamation. Upon publication of such proclamation by local newspapers , persons owning or harboring such animals shall confine them to premises unless they are effectively muzzled and under the control of an adult person by leash , cord , chain , or rope. Animals found at large in violation of this subsection may be destroyed by an officer of the city if such officer is unable with reasonable effort to apprehend such animals for impoundment . SECTION 13 : BITES BY ANIMALS (a) The Animal Control Officer (s) shall investigate reports in which animals have bitten persons . It shall be the responsibility of animal control officers to obtain details on the bite cases , and to conduct a follow-up investigation of the biting animal to determine if it is suffering from rabies . (b) Any animal suspected of biting a person or animal shall be placed under a quarantine watch to determine if the animal is infected with rabies . This quarantine shall be for a period not less than ten (10 ) days after the biting of such person or animal . The length of the quarantine shall be determined by the investigating animal control officer (s) . (c) The owner of the animal shall surrender the animal to the Animal Control Officer immediately, or otherwise arrange for the Animal Control Officer to pick up and retain such animal , in a separate kennel at the animal shelter for the period of the quarantine. AFter the animal has been released from quarantine , the owner may redeem the animal from the animal shelter by payment of the fees prescribed in this ordinance . (d) In lieu of animal quarantine at the animal shelter , the Animal Control Officer may authorize the animal to be retained on the owner ' s premises . (1 ) When quarantined at home the animal must be restrained and removed to an area where it will not come in contact with any persons or animals outside the household . (2) The animal must be made available to the Animal Control Officer for periodic inspections . (3) The owner will observe the animal for any signs of illness or personality changes and report such changes to the Animal Control Officer (s) . (4) The animal may not be moved from the known quarantine location without prior notification and approval of the Animal Control Officer . (5) The animal will remain under quarantine until the owner is notified that the final health inspection has been made and that the animal has been cleared by the Animal Control officer . Contact will be made by phone , personal service, or certified mail . (6) The animal may not receive a vaccination for rabies during the quarantine period . (7) Failure to comply with all conditions of residence quarantine will result in the animal being impounded at the animal shelter for the duration of the quarantine period . (e) After the animal has been released from quarantine, the owner will have five (5) days in which to have the animal registered with the city by the purchase of a city registration tag . ( f) It shall be unlawful for any person to interfere with the enforcement of this section or to fail to refuse to surrender to an Animal Control Officer (s) or other member of the environmental health department any animal involved or suspected of being involved in a bite case, or to otherwise fail or refuse to provide for the quarantining of animals as may be authorized by this ordinance. SECTION 14 : IMPOUNDMENT OF ANIMALS RUNNING AT LARGE (a) The Animal Control Officer or any police officer shall take up and impound any animal found running at large in violation of this ordinance. If the owner , keeper , or harborer of such animal is known or can be readily ascertained the Animal Control Officer (s) shall notify him by telephone , personal service, or certified mail not later than the day following such impoundment . (b) The owner , keeper , or harborer of any animal impounded under this section may redeem same within seven (7) days by payment of this impounding fee and boarding fee as follows : (1) For every impounded dog or cat , a shelter fee of twenty dollars ($20 .00 ) plus two dollars ($2 .00) for each day of impoundment; (2) For every other impounded animal , a shelter fee of twenty dollars ($20 .00 ) , plus four dollars ($4 .00 ) for each day of impoundment . Fractions of a twenty-four-hour period shall be computed at a full day' s rate for the purposes of the daily charges set out above. (c) No animal , impounded within the animal shelter under the provisions of this section shall be released to its owner , keeper , or harborer until any permit required by this ordinance has been obtained for the animal and until the animal has been vaccinated in accordance with this ordinance . (d) All impounded animals not redeemed with seven (7) days may be destroyed in a humane manner by a licensed veterinarian or under his/her supervision or offered for adoption by the Animal Control officer (s) for a period of one week or transferred to an area Humane Society or approved animal shelter . (e) Any impounded animal which has been seriously injured or is seriously ill or is incapable of feeding itself may be submitted to euthanasia immediately to prevent suffering by a licensed veterinarian or under his/her supervison . . The animal shelter may not be responsible for providing veterinary medical care for any sick or injured animal , however if care is provided to any animal , the owner is responsible for all veterinarian and medical hcarges which shall be paid before the animal is released . SECTION 15 : KENNELS Kennels will not be allowed in residentially zoned areas . SECTION 16 : WILD ANIMALS (a) No owner shall keep or permit to be kept on his premises or premises under his control any wild or vicious animal for sale, display, or for exhibition purposes , whether gratuitously or for a fee . This section shall not be construed to apply to zoological parks , performing animal exhibitions , or circuses . (b) No person shall keep or permit to be kept any wild animal as a pet . (c) The Animal Control Officer (s) may issue temporary approval for the keeping , care, and protection of an injured , newborn or immature animal native to this area which he deems to be incapable of caring for itself . (d) The environmental health department shall have the power to release or order released any animal being kept temporarily under the provisions of the previous paragraph. SECTION 17 : VICIOUS ANIMALS A vicious animal shall not be allowed in the city limits . SECTION 18 : LIVESTOCK (a) No person shall engage in keeping livestock within the corporate limits of the city, except in districts zoned by the comprehensive zoning ordinance of the city as Agriculture. No more than one (1) animal defined as being livestock per four thousand five hundred (4 , 500) square feet of available space may be kept in any agricultural zoning district or residential lot of one acre or more in size . (b) It shall be unlawful to own or keep chickens , ducks, turkeys , geese , peacocks , or guineas within the corporate limits of the city, except in agricultural zoned districts , lakes , and public park lands . SECTION 19 : PROTECTION OF ANIMALS (a) Chickens or ducklings younger than eight (8 ) weeks of age may not be sold in quantities of less than ten (10 ) to a single purchaser . (b) No person shall give away any animal as a prize for , or as an inducement to enter any contest , game or competition, or as an inducement to enter a place of amusement , or offer such animal as an incentive to enter into any business establishment whereby the offer was for the purpose of attracting trade. (c) No person shall knowingly expose any known poisonous substance, whether mixed with food or not , so that the same may be eaten by any pet or domestic animal . SECTION 20 : RESTRAINT All animals shall be kept under restraint . SECTION 21 : PREVENTION OF PUBLIC NUISANCES Every owner shall exercise proper care and control of his animals to prevent them from becoming a public nuisance. SECTION 22 : ANIMAL WASTE (a) It shall be unlawful and considered a public nuisance for any person to allow any pen, enclosure , yard or similar place used for the keeping of animals to become unsanitary, offensive by reason of odor , or disagreeable to persons of ordinary sensibilities residing in the vicinity thereof because of flies or other insects . Any condition injurious to public health caused by improper waste disposal will be considered a violation of this ordinance. (b) The owner of every animal shall be responsible for the removal of any excreta deposited by his animal on public walks , recreation areas , or private property. SECTION 23 : ANIMAL NOISE It shall be unlawful and considered a public nuisance to keep any animal which, by causing frequent or long continued barking or noise, shall disturb any person of ordinary sensibilities in the vicinity. SECTION 24 : TRAPS Humane traps may be used for capturing animals roaming unrestrained in the city. The use of steel jaw traps to apprehend animals is illegal . SECTION 25 : CONFLICTING CLAUSE That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect . SECTION 26 : SEVERABILITY CLAUSE Should any paragraph, sentence, subdivision , clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 27 : PENALTY Any person , firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500 .00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 28 : PUBLICATION CLAUSE This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides . DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS , THIS THE DAY OF , 1987 . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary Staff Report to Mayor and City Council DATE: SUBJECT: 1986 Tax Penalty & Interest NO: �^ 10-8- 7 ((J A representative from SPS MAnn is coming before you to request his 1986 penalty and interest be waived . If Council so chooses to waive these penalties , you will be setting a precedence and staff will be in a position to have to refund all penalty and interest that has been collected for 1986 taxes . It is not the City' s fault that he did not receive his tax statements , as you can see from the attached copies , theses statements were mailed out and returned to us by theWylie Post Office. Yet , he did receive his personal property tax and paid them on time. It was only the real property tax statement that were returned to us . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL FOR ADD.I . CONTAC . OTHER: SPS MANN LOT 2 Block A Regency Business Park 1986 Taxes due in the amount of $406.71 if paid in October P & I 159.21 Total amount due by Oct. 31, 1987 565.92 v ue 1 ' CITY OP' WYLI� ; 1\,_' , . L.-52 14 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 dejlE roq�Fo 19a1 r A d AIAY 4 S P S KANN V i 712 COOPER ROAD NYL I E TX ► _ _. C.-3\ 000075098 REAL EST P " ri si lc-Y Coy::1i 0-lion. ,.,e. 1 _ _ _ t?n < :iviite, l•K 151 F � `1. ' GTIt �.-�/2 IL t Lon Star Marbi 712 ooper Dr Paul Mann Wylie Tx. 750 8 -\2j1-/j%rjtA \ 1- �,. . �It4 ! f • NS. I' �f NEXT 0At Di.LIVERY . IQ.f N% iL�.:r.�/ iL'*�,- ._jam *am i th CITY OP' WYLIM ,SOrDF AD Uy 26 s P si 2e ac r: �y �....j . - � ! 108 S. JACKSON — P.O. BOX 428 E T RESgE F0LE /9g6 / "" 'r:rr o F ti T v.fit% WYLIE, TEXAS 75098 O fOR,,y-•. E 1,17 __ . � -- c: NO MAIL RECEPTACLE ; . ° -i, jdyp .rx m r t. c ittiterreV I LE ___ _ OCT 11986A HI , ' 0 ttlp .. ---- _ -- -J[.0 414S ' ��. , g You taxes by woad please rIbt ,A_----_ J ��, : llii.4lD If you Would like your I 1•, . you, please send n *tamped self a44reas(.3 y ,,0)"? ou for your c ,c,t: _ .0(10475098 , ii, i yfi. 1 r�' t REQUEST TO BE PLACE ON AGENDA Date of next Council Agenda J Z 3 I`r • I , \�CIct(_: ivr v`; jL � , �= s�� . wish to speak to the City Council for the reason listed below: ---- 0IZL :7L 4 c ",,? A (,2 o ll[3/c ' L- x T . Thank you, Signature G I 14. ee-n,-— Street Cit , State Zip Code t� z 23C)5 Phone Number Staff Report to Mayor and City Council DATE: SUBJECT: 1987/88BUDGETNO: AND POSSIBLE EFFECTS 10-8-87 OF TAX ROLLBACK It appears the City will receive a petition calling for a tax rollback on Tuesday, October 13th at the regular City Council meeting . The current adopted tax rate is $ . 59 per $100 . valuation . If a rollback election was called and it passed , the new effective rate would be $ . 50 per $100 . valuation . This would require additional cut backs in the General Fund operational budget of $235 ,000 . in addition to an unfunded deficit of about $175 ,000 . It is my recommendation that we proceed with an amended budget to initially fund the unfunded deficit of about $200 ,000 . in the General Fund and Utility Fund . I recommend that we eliminate 13 positions thereby leaving 61 full time employees , which would put the City at 1985 staffing levels . I would also recommend that we not move into City Hall until January and further consolidate offices in an attempt to cut down on expenses . This would still require a $ .59 tax rate . I am prepared to discuss all options in executive session , as these proposed cuts do effect layoffs of current employees . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL CITY MANAGER FOR ADD.INFO. CONTACT: CITY MANAGER OTHER: PART 5 Rollback Elections If the governing body actually adopts a tax rate that exceeds the eight percent limit,voters can initiate a process to"roll back"the Sections 26.07 and 26.08 of the code contain the specific adopted rate to the eight percent level in all taxing units except wording to be used in a rollback election ballot.See the two sum e school districts.In school districts,a similar process can be started, dots that a r PI but it doesn't affect the current year's rate. Instead, it limits the PPS as Forms 11 and 12 on page 23. school board's ability to raise taxes in the following year. The eight percent limit is 1.08 multiplied by the effective rate, not 1.08 multiplied by the effective rate plus three percent. Step 4: effect of election If a majority of the voters approve the rollback,a unit other than Step 1: petition for election a school district must reduce its tax rate for the current year to the The process starts after the governing body formally adopts the eight percent level.A school district's rate for the current year is not tax rate.If the adopted rate exceeds the eight percent limit,voters affected. Rather,special limits, explained below,apply to its rate may circulate a petition calling for the tax limitation. for the following tax year.If the rollback election fails,the unit's tax To be valid,a petition must meet several specific requirements. rates stand. A school district petition must state that it is intended to require an election to limit the tax rate for the following year.A petition for any other type of unit must state that it is intended to require an Step 5: bills and delis uenc dates election to reduce the tax rate for the current year. q y Either type of petition must be signed by at least 10 percent of (not applicable to school districts) J the voters shown on the most recent official voter list for the If the rollback passes, the unit's assessor must send corrected specific taxing unit bills,along with an explanation of the reasons for the correction People who circulate the petition may not be paid or receive any and its effect. other compensation;signatures collected by a paid gatherer are void. The unit's delinquency date is also postponed by the number of ___ days between the date the old bills were mailed and the date The petition must be submitted to thegoverningbody within 90 the new bills are mailed. For example,if a city mailed its •original bills on October 5, 1987, and mailed corrected bills on May 2, days of the date the tax rate is adopted.A sample petition appears 1988 (210 days later), the normal Feb 1 delis as Forma 10 on page 23. rua would be ry delinquency date postponed until August 29, 1988(again,210 days later). However, if the unit does not mail original bills until after the Step 2: governing body's validation rollback election takes place, the normal delinquency date rules The governing body must determine whether the petition is apply valid and pass a resolution regarding its validity within 20 days of the date the petition is received. If the governing body takes no action within the 20 days,the petition is automatically valid. The SPTB recommends that if the governing body finds the petition invalid,the resolution or order should set out the reasons Step 6: refunds why. The taxing unit must refund the difference between taxes under the higher rate and taxes under the rolled-back rate to taxpayers Step 3: election who have already paid taxes. If the petition is valid,the governing body must set a date for the Effect of school district rollback election election.The election date must be no earlier than 30 days and no later than 90 days after the last date the governing body could have A sucrnsful school district election does not reduce the current acted on the validity of the petition. The date must be one of the year's tax rate;there is no extension of the delinquency date and no specified dates set by state law for local elections,unless none of the necessity for refunds. Instead, a successful election means that in specified dates happens to fall within the 90-day period. The the following year the school district faces a strict tax limitation.It elections division of the secretary of state's office can provide may not increase taxes by more than eight percent over its effective assistance in determining an appropriate date. rate,and the effective rate is calculated in a different manner. The change in the calculations for the following year affects the effective maintenance tax rate for that year.This is best explained by example. Suppose the school district has a successful limitation election in 1987.The special calculation takes place for the 1988 tax rate.To calculate the effective maintenance rate,the representative uses the 1986 maintenance taxes and 1988 values.The representative then calculates the debt rate in the normal manner, and adds the two together for the effective rate. The maximum rate the school district can adopt is eight percent over this effective rate. Notice and hearing requirements for tax increases of more than three percent still apply. Any school district that experienced a successful tax limitation election in 1986 should not use the worksheets in this booklet for calculating its 1987 effective rate.Contact the Technical Assistance Section in SPTB's Office of General Counsel for special worksheets or assistance. EFFECTIVE TAX RATE WORKSHEET FOR 1987 1 . 1986 Total Tax Levy $ 1,012,715. 2 . Taxes lost in 1986 because appraised value of property was reduced by the final determination of a court in an appeal of an ARB decision $ -0- 3 . Adjusted 1986 total levy: add lines 1 & 2 $ 1,012, 715. 4 . 1986 maintenance tax rate : $ .4075 /$100 5 . 1986 maintenance tax levy: $ 842,207. 6 . 1986 debt tax rate : $ .0825/$100 7 . 1986 debt tax levy: $ 170,508. 8 . Maintenance taxes levied in 1986 to recoup appraisalroll error losses in 1985 : $ -0- 9 . 1986 maintenance taxes on property in territory deannexed after 1-1-86 : $ -0- 10 . 1986 maintenance taxes on property value that first qualifies for an exemption in 1987 : 11 . 1986 maintenance taxes on property value that cannot be taxes in 1987 because it qualified for ag-use, open-sapce , timble, recreational/scenic or public access airport special valuation for the first time in 1987 : $ -0- ' 12 . SCHOOL DISTRICTS ONLY Total amount of maintenance taxes levied in 1986 on homesteads with an over 65 tax freeze in effect before 1-1-87 : $ -0- 13 . Total adjustments to 1986 tax levy: add lines 7 thru 12 $ 170,508. 14 . Adjusted 1986 maintenance levy: Subtract line 13 from line 3 $ 842,207. SECTION B. 1987 TAXABLE VALUES 15 . Total taxable value on the 1987 certified appraisal roll today: $ 275,230,078. 16 . Total taxable value of properties under protest for 1987 : $ 5,819,292. 17 . SCHOOL DISTRICTS ONLY Total 1987 taxable value of homesteads with an over 65 tax freeze in effect before 1-1-87 $ -0- 18 . Total 1987 taxable value for calculation purposes add line 15 to 16 , subtract line 17 $ 269,411,586. 19 . Total 1987 taxable value of property in territory annexed since 1-1-86 : $ 8,443,332. 20 . Total 1987 taxable value of new improvements that appear on the appraisal roll for the first time in 1987 : $ 32,208,239. 21 . Total adjustments to total 1987 taxable value add line 19 to 20 $ 41,651,571. 22 . Adjusted total 1987 taxable value: subtract line 21 from 18 . $ 227,760,015. SECTION C Calculation of 1987 Maintenance Rate Component 23 . 1987 effective maintenance rate without appraisal roll error adjustments : Divide line 14 by 22 $ .003698 24 . Total 1986 taxable value that appeared on the appraisal roll at the date the unit adopted its 1986 tax rate: $ 207,225, 145. 25 . Total 1986 taxable value lost because of court ordered reductions in appraised value. $ -0- 26 . Total taxable value that appears on the 1986 appraisal roll today: $ 206,676,530. 27 . Value loss due to 1986 appraisal roll errors : add line 25 to line 26 ; subtract the sum from line 24 $ 548,615. 28 . Loss as a percentage of 1986 values : Divide line 27 by line 24 and multiply by 100 0.2647 % 29 . Rate to recoup 1986 appraisal roll errors. The adjustment for appraisal roll erros can only be used if line 28 is greater than 1% . If line 28 is greater than 1% multiply line 27 by line 4 , then divide by line 18 and enter the results . Otherwise enter -0-. $ -0- 30 . Rate to adjust 1986 maintenance levy: Enter the same rate shown in line 29 $ -0- 31 . 1987 effective maintenance tax rate : Add lines 29 and 30 to 23 ; to express in dollars per $100 of taxable value, multiply by 100 . $ .3698 /100 SECTION D. Calculation of 1987 Debt Rate Component . 32 . 1987 Total taxable value for calculation purposes (enter same amount as line 18 ) $ 269,411,586. 33 . Total amount to be paid in 1987 from property taxes for service on qualified debts and for contract payments securing debts issued or assumed by other units on this unit' s behalf . $ 238,525. 34 . SCHOOL DISTRICTS ONLY Total amount of 1987 taxes that can be levied for debt on homesteads with an over 65 tax freeze in effect before 1-1-87 . $ -0- 35 . Adjusted amount of debt payments from property taxes for 1987 . Subtract line 34 from line 33 . $ 238,525. 36 . Certified anticipated 1987 collection rate: SB 1420 (effective 6-20-87 ) requires the unit ' s collector to certify an anticipated collection rate for the coming year to the governing body. Enter the certified rate here . 95 % 37 . 1987 debt service payments adjusted for collection rate If line 36 is 100% or less divide line 35 by 36 . If not enter amount from line 35 . $ 251,078. 38 . 1987 debt rate: Divide line 37 by line 32 and multiply by 100 $ .0932/100 SECTION E. Calculation of 1987 Effective Tax Rate 39 . 1987 effective tax rate for this tax : add line 38 to 31 $ .4630 40 . COUNTIES ONLY - County effective tax rate Add the line 39 amount for each type of the county levies and enter the total . $ -0- 41 . Three-percent limit : Multiply line 39 ( line 40 for counties) by 1 .03 $ .4768 42 . Eight percent limit : Multiply line 39 ( line 40 for counties) by 1 .08 $ .5000 NOTICE OF 1987 EFFECTIVE TAX RATE FOR CITY OF WYLIE The purpose of this notice is to inform you about your taxes . The 1987 effective tax rate is a tax rate that would levy the same amount of operating taxes the taxing unit levied last year on property taxed in both years , plus the amount the unit needs to pay certain long term debts this year . The rate is calculated as follows : 1986 Maintenance & Operations tax levy (3) $ 1,012,715. Less total adjustments to 1986 tax levy (13) -$ 170,508. Equals adjusted 1986 maintenance & operations levy: (14 ) $ 842,207. 1987 total tax base (18) $269,411,586. Less adjustments for value of new property (21) -$ 41,651,571. Equals adjusted 1987 tax base (22) $227,760,015. The adjusted 1986 levy divided by the adjusted 1987 tax base and multiplied by 100 equals the effective maintenance and operations tax rate: (31) $ .3698 /100 Plus rate to correct for appraisal roll errors: (29 & 30 ) +$ .0000 /100 Plus rate needed to pay debts and obligations : (38 ) +$ .0932 /100 Equales 1987 effective tax rate: (39) $ .4630 /100 1987 effective tax rate: (39) $ .4630 per $100 of value The maximum rate the governing body can adopt without publishing notices and holding a hearing is: (41) $ .4768 per $100 of value The maximum rate the governing body can adopt before taxpayers can initiate rollback petitions is: (42) $ .5000 per $100 of value This notice contains a summary of the calculations used to determine this year' s effective tax rate. You can inspect the full calculations at City Tax Assessors/Collectors office at 108 S . Jackson Street . SCHEDULE A: Unencumbered Fund Balances The taxing unit estimates that the following balances will be left in the unit ' s accounts at the end of the fiscal year . The balances are not encumbered by a corresponding debt obligation . Type of Fund Balance General Fund '° �' 4 . SCHEDULE B : 1987 Debts Paid From Property Taxes This taxing unit estimates that the unit will pay the following amounts out of property tax revenues for long-term debts that are secured by property taxes . Descrip- Principal or Other tion Contract Payment Interest amounts Total of Debt to be paid to be paid paid Payment 1980 Park Imp. 15,000. 6, 300 300. 21 ,600. Cert. of Obig. 1986 00 0,000. 1i-.610 500. 185, 110. 1986 Public Safety Cont. 25,000 6,815 -0- 31 ,815. Total Amount Required for 1987 Debt Service $ 2338, 525. Less Amount that will be pa _ o from funds listed in Schedule A -$ -0- Total to be paid from Property taxes this year $ 238,525. Amount added in Anticipation that the Unit will collect only 95% of its Taxes in 1987 +$ 12, 553. Total Debt Tax Levy $ 251 ,078. IN FoRmRL EPM1 'S Informal Report to Mayor and City Council SUBJECT: — DATE: NO: New Truck Ordinance 10-8-87 Mr. Roy Faires and myself have been working on the new truck ordinance which was requested by Council. At this time it is in the hands of our city attorney for reveiw and should be on your next regular council agenda. If you have any questions, please call Mr. Faires or me. Carolyn Jones, City Secretary Informal Report to Mayor and City Council SUBJECT: E: NO:ot Resignation of Steve Fortenberry Library Board 10-7-87 Mr. Fortenberry has accepted a job in Louisana and will be leaving Wylie this week end. He was just recently appointed to the Library Board, and his term goes through July, 1989. On the Council Agenda for October 27, 1987 will be two items, one for accepting his letter of resignation and the second item for appointing someone to take his place on the Library Board. As of this date, I have received no other names of citizens wishing to serve on this board. From Carolyn Jones //- (22 October 7, 1987 Mayor and City Council City of Wylie, Texas Dear Lady and Gentlemen: This letter is to inform you that I am moving to Lake Charles, Louisiana and therefore must regretfully tender my resignation as member and chairman of the Library Board. Although I have been involved with the Board for only a short time, I have enjoyed my association with the members and feel that they are making a positive contribution to the community. Thank you for granting me the opportunity to serve the citizens in this capacity, and best wishes for the future of the City of Wylie and the Rita & Truett Smith Public Library. Sincerely, Stephen Fortenberry Informal �~ Mayor ��~�� ��it�� ����� "� ���� ���� �&� � �� ��� ��� ������ SUB��� DArE. ho FM 544/SH 78 INTERSECTION OCT' B. 1987 ~�.�� The staff has entered into conversations with the state highway department about initiating improvements to the above referenced intersection. I have recommended a left turn lane be added to SH 78 at this intersection as they are currently doing at the SH 78/Ballard intersection. The state replied that there is not any funds available to finance such an improvement at this time. They also stated that SH 78 is slated to be improved to a four- lane divided highway in their ten year project development plan, with the contract planned to be let for bids in 1989. The city staff does not feel that we can wait this long before doing somethinq with the intersection inorder to improve the traffic flow. With this direction. I intend to discuss some interim improvements to the intersection which will help the traffic flow and safety at this intersection. A quick overview of the improvements that are to be suggested is as follows: 1 . Construct an additional 7 feet of pavement adjoining the northwest shoulder of SH 78 and overlay the existing improved shoulder to provide a right turn lane off of southbound SH 78 onto westbound FM 544. This would be striped and clearly marked so the drivers will easily understand the intent of the additional traffic lane. 2. Construct an identical riqht-turn lane for the eastbound traffic on FM 544 onto southbound SH 78. 3. Change the signal cycle to allow for a protected left turn for the eastbound traffic on FM 544 onto northbound SH 78. The state has stated that they are currently investigating the possiblity of altering the timing of the signal cvcles at the SH 78/FM 544 intersection in a response letter to me dated September 21 , 1987. They also stated that the city could construct any resonable improvements to the intersection with their approval , provided the City of Wylie pays for the improvements. Therefore, unless I am told otherwise, I intend to try to negotiate an agreement with the state where they will alter the timing of the signal cycles at the intersection if they will allow us to construct the above mentioned right turn lanes at the intersection. Respect+ullv 5uomitted, Ron Homever. E. I . T. Asst. City Engineer _ �� � Informal Report to Mayor and City Council SUBJEC 1: DATE: NO: fe/ FUN FEST - COTOBER 17, 1987 10-8-87 There has been a request to close Ballard Street between Marble and Oak Streets from 7:00 A.M. to 12:00 A.M. As per the attached letter, the Wylie Merchants have requested to have a parade beginning at 10:00 A.M. with activities through out the day and ending with a street dance that night. The parade will begin at Brown and Hiway 78 at the North Texas Munciipal Water District, to Ballard turning left onto Ballard coming through town to Oak Street, turning right onto Oak St. , crossing over Jackson and disbanding at Birmingham. I see no problem with this and will proceed unless Council gives me some other direction or instructions. Thank you, of Abbott Wylie Police Department "'"LIE MERCHANTS Wylie, Texas October 2, 1987 Dear Sir; As a way of promoting good will in our town, the following merchants have agreed to cooperate and participate in a one day Fun Fest on October 17 , 1987 . One of the items on the agenda is a Parade slated for 10 : 00 A.M. with activities throughout the entire day, ending with a Street Dance in the evening . To make it successful, we request permission for closing to through traffic as follows ; For the parade at 10 : 00 A.M. ROUTE: To begin at Brown and Hiway 78 at the North Texas Water to Ballard, turning left onto Ballard corning through town to Oak St. , turning right onto Oak St. , crossing over Jackson and disbanding at Birmingham. For the day of Fun Fest Activities, we request the closing of Ballard St. between Marble and Oak Sts . from 7: 00 A.M. to 12:00 A.M. , 1111z,, M..).„, / Respectfully Yours, ,4,iJ rz /j. / 14. (--11, ___------_ --.2,- _. ,- , . _____:____ -, / _-_-) ,i),___ --- , ')-1 , , .,_„ 1 cmcl.,yylo„,-, 1 \ 4 1 „` 4i4' . .,,, 7 _, , --. .__,„/ .7, L..,...„_.,___,____/7 ‘/ I, ( ) . +'1k-� !„'LAC. J ,.. _____..-- • 7 /,'66ti/ .7,r" l'" G - � �//!(// / v ram ' (/ 44...1) i ' , , - -I J / • �� /e / 1 / ''2✓ < /--1,-,-i (...e . \ , "/' - /,-;)"?. -77 4 , i , „,A; (..-f-t-4-(1 Ogiiii7-1-c-- - \ 1- : ,/ 1 n V s 4 r. H.-9C.' , " . ,t-A--t•----/ ,, , ,4...,)9e4.,,,, ;) c_r_titx.„4, /.' L,....,)",//—•Zilit"ti..,„ f Sz, 07/ > • 7-0 --77?(P,777 >