09-22-1987 (City Council) Agenda Packet DATE POSTED 9-18-87
TIME POSTED 5:40 p. m.
AGENDA
REGULAR CITY COUNCIL MEETING
CITY OF WYLIE
TUESDAY, SEPTEMBER 22 , 1987
COMMUNITY ROOM 800 THOMAS STREET
7 : 00 P. M.
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 - 17 Consider approval of minutes
September 8th, September llth,
and September 14th .
COUNCIL BUSINESS
2 Consent Agenda
The following items 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 .
A. 18 - 19 Consider approval of amendment
to Task Order No . 2 from CH2M
Hill Engineering Consultants
B. 20 - 21 Consider approval of agreement
for Mutual Aid in Disaster
Assistance with the City of
Parker
C. 22 - 23 Consider approval of agreement
for Mutual Aid in Disaster
Assistance with the City of
Lucas
D. 24 - 25 Consider approval of agreement
for Mutual Aid in Disaster
Assistance with the City of
Piano
E. 26 - 27 Consider approval of agreement
for Mutual Aid in Disaster
Assistance with the City of
Neveda
F. 28 - 29 Consider approval of agreement
for Mutual Aid in Disaster
Assistance with the City of
Murphy
G. 30 - 31 Consider approval of agreement
for Mutual Aid in Disaster
Assistance with the City of
Sachse
H . 32 - 33 Consider approval of agreement
for Mutual Aid in Disaster
Assistance with the City of
Allen
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS CONT .
Consent Agenda Cont .
I • 34 Request authorization to seek
bids for contract paving for
1 1/2" asphalt overlay for
Park Road and Cottonbelt St .
3 . 35 - 37 Consider Approval of Final
Plat for approved for
Construction for Westgate
Industrial Park (located
between FM544 and the Railroad
west of adjacent to Eagle
Concrete)
PUBLIC HEARING AND PUBLIC READING OF ORDINANCES
4 . 38 Conduct Public Hearing on the
proposal for increase in
water/sewer rates for the City
of Wylie
5 . ORAL Conduct Public Hearing on the
proposal for 1987-88 Budget
for the City of Wylie
6 39 - 43 Consider approval of Ordinance
adopting the new water/sewer
rates for the City of Wylie
7 44 - 45 Consider approval of Ordinance
adopting the 1987-88 Budget
for the City of Wylie
8 46 - 50 Consider approval of Ordinance
adopting the 1987 tax rate for
the City of Wylie
9 51 - 53 Consider approval of Ordinance
establishing certain times for
School Zones for the City of
Wylie
10 54 - 57 Consider approval of Ordinance
adopting the taxation of
Telecommunications Services
11 58 - 59 Discussion of Ordinance
establishing permitted times
for placing refuse in
right-of-way for pickup
12 60 -62 Discussion of Ordinance
establishing minimum standards
for the installation of bulk
refuse receptacles
13 63 - 71 Discussion of Ordinance
establishing minimum
requirements for keeping
and/or maintaining animals
within the City of Wylie
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
NEW BUSINESS
14 72 - 79 Discussion and adoptions of
Texas Municipal Retirement
System Updated Service Credit
Plan for the City of Wylie
15 Adjourn
CITY COUNCIL MEETING
MINUTES
SEPTEMBER 8,1987
7:00 P. M.
The Wylie City Council met in regular session on Tuesday,
September 8 , 1987 at 7 : 00 P. M. in the Community Room. A
quorum was present and notice of the meeting had been posted
in the time and manner required by law. Those present were
Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan , Council
Members Calvin Westerhof, John Akin, Kent Crane and Marvin
Blakey, City Manager John Pitstick, City Secretary Carolyn
Jones, Code Enforcement Officer Roy Faires , Finance Director
James Johnson, Acting Public Works Director Don White, Ron
Homeyer from the Engineering Department .
Mayor Trimble called the meeting to order and Councilman
Crane gave the invocation.
CONSENT AGENDA: APPROVAL OF MINUTES, PROCLAMATION FOR
ARTHRITIS VICTORY WEEK, PROCLAMATION CONSTITUTION WEEK,
RESOLUTION AUTHORIZING CITY MANAGER MAKE APPLICATION AND
EXECUTE AGREEMENT FOR GRANT FUNDING GOVERNOR 'S CRIMINAL
JUSTICE DIVISION, APPROVAL AND ADOPTION ADMINISTRATIVE
REPORT, WORK ORDER AND INVENTORY SYSTEM, APPROVAL
ADMINISTRATIVE REPORT - LIFT STATION INVENTORY AND
MAINTENANCE PROGRAM TO TEXAS WATER COMMISSION AND APPROVAL
OF CONSTRUCTION DRAW #11 TO SPEED FAB-CRETE: Mayor Trimble
stated that the items to be considered on a consent agenda
are considered as one item. The Mayor or 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. If no items are
pulled, the Council may move, by a motion and a second to
approve or reject all items contained in the Consent Agenda .
The approval of the minutes for August 25 , 1987 , the
proclamation for Arthritis Victory Week is for September
13th thru September 17 , 1987 . The proclamation for
Constitution Week is for the week of September 17th thru
September 23 , 1987 . A resolution authorizing the City
manager to make application and execute agreement for grant
funding with Governor ' s Criminal Justice Division . Approval
and adoption as City policies Administrative Report - Work
Order and Inventory System, and approval and submission to
the Texas Water Commission - Administrative Report - Lift
Station Inventory and Maintenance Program, and approval of
Construction Draw #11 , in the amount of $184,737 .29 to Speed
Fab-Crete International regarding work at the Municipal
Complex . There being no discussion, a motion was made by
Councilman Westerhof to approve the Consent Agenda as
presented. Seconded by Mayor Pro Tem Donovan. The vote was
as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan
- in favor, Councilman Akin - in favor, Councilman Westerhof
- in favor , Councilman DiTota - in favor , Councilman Crane -
in favor, and Councilman Blakey - in favor . This motion
carried with all in favor .
Mayor Trimble moved the Executive Session and the item of
action from Executive Session to this portion of the
meeting , as not to keep the people being interviewed for
Judge and Prosecutor waiting through the entire Council
Agenda.
Mayor Trimble recessed the opening meeting and convened
Council into Executive Session under the authority of
Article 6252-17 of V.A.C.S. , Section 2 , paragraph "g" ,
personnel matters - appointments of Municipal Court Judge
and Prosecutor at 7 : 10 P. M.
Mayor Trimble reconvened open meeting at 7 : 27 P .M.
ACTION TO BE CONSIDERED FROM EXECUTIVE SESSION: Motion was
made by Councilman Westerhof to appoint Charles M. Hunt as
Judge and David Berman as Prosecuting Attorney and John
Lemley as Alternate Judge for the City of Wylie Municipal
Court . Seconded by Councilman Blakey. The vote was as
follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan -
in favor, Councilman Akin - in favor, Councilman Westerhof -
in favor , Councilman DiTota - in favor , Councilman Crane -
in favor, and Councilman Blakey - in favor . This motion
carried with all in favor .
ORDINANCE IMPOSING A WARRANT FEE AND A SPECIAL EXPENSE FEE
FOR DEFENSIVE DRIVING COURSES: This ordinance has been
reviewed by Mr . Robert Dillard, City Attorney and by the
city staff . It authorizes a $25 .00 warrant fee as set out
in Article 45 .06 of the Code of Criminal Procedure and a
$10 .00 special expense fee by virtue of the amendment
contained in Senate Bill 243 . Motion was made Mayor Pro Tem
Donovan to approve the ordinance authorizing a $25 .00
warrant fee and a $10 .00 special expense fee. Seconded by
Councilman Crane. The vote was as follows : Mayor Trimble -
in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin
- in favor, Councilman Westerhof - in favor , Councilman
DiTota - in favor , Councilman Crane - in favor , and
Councilman Blakey - in favor . This motion carried with all
in favor .
ORDINANCE PROVIDING FOR A LATE PAYMENT PENALTY FOR CITY
UTILITY SERVICES: This ordinance has come about from the
rate study done by Mr . Charles Binford and it was
recommended to the Council to apply a penalty of 10% to all
late payments on water and sewer bills . Motion was made by
Councilman Westerhof to approve the ordinance adopting a
late payment penalty for city utility services . Seconded by
Councilman DiTota. The vote was as follows: Mayor Trimble
- in favor , Mayor Pro Tem Donovan - in favor , Councilman
Akin, in favor, Councilman Westerhof - in favor , Councilman
DiTota - in favor , Councilman Crane - in favor , and
Councilman Blakey - in favor . This motion carried with all
in favor .
APPROVAL OF REPLAT OF 1 ACRE OUT OF THE W. PENNEY SURVEY,
ABSTRACT 696 : This property is located on Parker Road and
is owned by Steve Anderhub. City Manager John Pitstick
stated that Planning and Zoning approved this replat with
the stipulation of 100 foot right-of-way be accept in lieu
of the perimeter street fees . Motion was made by Councilman
Akin to approve the replat of 1 acre out of the W. Penney
Survey, Abstract 696 with the stipulation of the dedicated
of a 100 foot right-of-way and to waive the perimeter street
fees . Seconded by Councilman Westerhof .
Mayor Pro Tem Donovan asked how much the perimeter street
fees would be. Finance Director James Johnson said
approximately $21 ,395 .00 . Mayor Trimble stated that the
council would be setting a precedence and if this occurred
again, the Council would be put in the position to approve
it . There being no other questions, Mayor Trimble called for
a vote of the Council . The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Donovan - in favor,
Councilman Akin - in favor , Councilman Westerhof - in favor ,
Councilman DiTota - in favor, Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
AGREEMENTS BETWEEN CITY AND ATCHISON, TOPEKA, AND SANTA FE
RAILWAY COMPANY FOR CONSTRUCTION OF RAILROAD CROSSING AT THE
PROPOSED WESTGATE SHOPPING CENTER: Mr . Rowland Forrester is
the representative for Mr . John Penington . Mr . Forrester
stated that Westgate Way is the north/south street that does
cross the railroad between FM544 and Hwy. 78 . Mr. Penington
will fund this crossing but would like for Council to
participate in this at a later date if possible. Mr .
Penington feels this will benefit the City as well as his
property. Mr . Penington does desire to make this a
thoroughfare, although Mr . Johnson has stated this is to be
a collector street . Mr . Penington realizes the City' s
financial position but if the Council would participate in
reimbursing him in the future, he would appreciate it .
Mayor Pro Tem Donovan said the only problem is once it is
installed, the city has to accept it and maintain it . Mr .
Forrester said the City will have this just as you accept
any street or R-O-W after development . Councilman Akin said
what Mayor Pro Tem Donovan is looking at is the Railroad is
to keep up the crossings , but has not done this . Mayor
Trimble said it would be a dangerously expensive precedence
to set as there are a lot of places where this could happen
as Wylie grows . Mayor Trimble asked if the city staff has
ever thought this to be a thoroughfare . Mr . Roy Faires
stated that the City has never stated this to be a
thoroughfare, but a collector street . Councilman DiTota
wanted to know if the Railroad would participate in the cost
of this crossing . Mayor Trimble said the City has to get
involved with the crossings , just as we have in the past
such as with McCreary Road and with Mr . Barron Cook. Mayor
Trimble stated that the Council needs an agreement with the
Railroad and the developer and that all cost for this
crossing be the developers responsibility. Motion was made
by Councilman Crane to approve an agreement between the City
of Wylie, the Atchison, Topeka and Santa Fe Railway and Mr .
Penington on this crossing with Westgate Way. Seconded by
Mayor Pro Tem Donovan. The vote was as follows : Mayor
Trimble - in favor , Mayor Pro Tem Donovan - in favor ,
Councilman Akin - in favor, Councilman Westerhof - in favor ,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
CONTRACTUAL AGREEMENT AND APPLICATION FOR EMERGENCY NUMBER
SERVICE (911) BETWEEN CITY AND GENERAL TELEPHONE COMPANY OF
THE SOUTHWEST: Mr . James Cowman representing the General
Telephone Company, said in the contract there is a date of
April 1 , but feels the system can be installed by February
1, 1988 . Councilman DiTota wanted to know if the City still
has the Dec. 1st deadline and still get the system up by
Feb. 1 , 1988 . Mr . Cowman said yes , and he has been advised
that it will help if the Council does a campaign of getting
the residents to use the address assigned to each house.
Mayor Trimble said before the council can have this
agreement, there needs to be an ordinance adopting this
system and setting the fee of ninety-three cent ($ . 93) per
house hold . This would be added to their monthly phone
bills . Councilman Crane wanted to know if it was $ . 93 or
would it go up/down . Mr . Cowman said $ .93 unless the City
grows and takes in more than is needed to cover this
contract and then it would go down . Councilman Crane read
from this contract the follows :
"GTSW agrees to furnish Customer equipment and
facilities in accordance with its tariff , and Customer
agrees to be bound by the charges , terms , conditions ,
and rules contained in GTSW' s tariff . The contents
of GTSW' s tariff, including rates , remain subject to
change ."
Councilman Crane said that council was signing an agreement
that states the tariff is subject to change. Mayor Trimble
said it could not change unless the council does another
ordinance. The City is paying for the services that are
being received . Mr. Cowman said that this tariff has to be
approved by the Public Utility Commission. Mr . James
Johnson said that under the PUC act there is a 125 day
3
notice that must be given prior to a change. Motion was
made by Mayor Pro Tem Donovan to table until the ordinance
was ready and to also make a change in the agreement to
reflect the Feb. 1, 1988 date. Seconded by Councilman
DiTota. The vote was as follows: Mayor Trimble - in favor,
Mayor Pro Tem Donovan - in favor , Councilman Akin - in
favor, Councilman Westerhof - in favor, Councilman DiTota -
in favor , Councilman Crane - in favor , and Councilman Blakey
- in favor . This motion carried with all in favor .
RECOMMENDATIONS FROM PARKS AND RECREATION BOARD : The Park
Board brought forth two recommendations to the Council . ONe
being to establishing a deposit for users of City Park
Equipment ( i .e. volley ball , volleyball net , basket ball)
and the second recommendation was to construction and
install a water fountain at the Park Pavilion . City Manager
John Pitstick stated that there was no problem with this in
the next budget . Councilman Akin asked about the water
fountain, did something happen to the fountain already
there. Acting Public Works Director Don White said this
would be a new fountain at the pavilion. Motion was made by
Councilman Westerhof to approve both recommendations for the
next budget year . Seconded by Councilman Akin. The vote
was as follows : Mayor Trimble - in favor , Mayor Pro Tem
Donovan - in favor, Councilman Akin - in favor, Councilman
Westerhof - in favor , Councilman DiTota - in favor ,
Councilman Crane - in favor, and Councilman Blakey - in
favor . This motion carried with all in favor .
CITIZEN PARTICIPATION: Mayor Trimble welcomed anyone
wishing to address the Council at this time, but requested
they keep their time to two minutes .
Mr . James Roberts 105 S. Fifth Street stated he would like
to thank the Council for taking the time to hear him. Mr .
Roberts said he work for the City at one time, but no longer
does . It use to bother me, but not anymore. It was hard
for me to come up here . I tried to get on the agenda , but
was told I could not because there was a cut off of
Wednesday. Yet this agenda was not posted until 5 : 00 P. M.
on Saturday. I do not understand - did no one put anything
on this agenda between Wednesday and Saturday. I have a
problem with getting my retirement from the City of Wylie .
It should take six (6) to eight (8) weeks . As of this date
I do not have this retirement money, but have talked with
TML and they have told me the City has to file their report
by the 10th of the month or it delays refund payments . This
is what has happened to my money, the City has not paid on
time. The City has policies that were passed and approved
by the Council , Personnel Regulations . The employee does
not have any rights , it is not right for one person to have
the final say, you go before the Grievance Board and the
board sends a recommendation to a certain party, this person
has the final say. I did not find out what the board
recommended to this person only what this person' s decision
was . This is not fair . I thank you for your time.
Jayne Chapman 311 Woodhollow Court, on the 911 system, what
is the initial fee. Mayor Trimble said there is no initial
fee. City Manager John Pitstick said we staff a dispatcher
to answer this 911 number, but there is no initial fee up
front for the City.
COUNCIL DISCUSSION: Mayor Pro Tem Donovan wanted to know
where staff was on the school ordinance for times in the
school zones , and also could there be a budget hearing on
Friday since she will be out of town during the other
schedule meetings .
Councilman DiTota stated that there was a lot of trash put
out on Monday and there was no pickup due to the holiday.
Could the City have an ordinance putting a time on when
trash can be put out for pick up. City Manager John
Pitstick said other cities have this , but it is very hard to
enforce. Most cities that have this state that trash cannot
be put out more than 24 hours prior to pickup.
Councilman DiTota said he is looking more at the regular
days such as trash being put out on Friday and pickup day is
not until Monday. City Manager John Pitstick stated that he
would get an ordinance put together for Council to review.
Councilman Westerhof ask Council if they were interested in
an ordinance prohibiting selling of food from vehicles on
the side of the road. Councilman Westerhof would like to
see something done about this . Mr . Faires , Code Enforcement
Officer said his staff has inspected several vehicles for
health and safety.
Councilman Westerhof wanted an update on the problem on
Spence and Brown. Mr . Faires said it has been looked at but
it involves another investigation and I cannot comment about
it at this time.
Councilman Crane asked about the wrecking yard at the Lake
entrance. Mr . Faires said he has filed on these people and
will go to court this month.
Councilman Akin wanted to know about the top coat on
Cottonbelt and the park road . Mr . White , Acting Public
Works Director said it should be going down soon .
Councilman Akin also stated that the east side of Memorial
and Mardi Gras streets is beginning to crack. Councilman
Akin also asked about the handicap ramps at the new complex .
Mr . Faires stated they would be there. Councilman Akin also
stated that the dumpster pads are giving problems and
tearing up the streets and drive ways . Mr . Faires said he
has asked for a drawing from the engineering office for
these pads . Finance Director James Johnson said Moore
Industrial had concrete pads in their contract but BFI did
not have this clause in their contract . Councilman Akin
also stated that the Garden Club will be looking at the
court yard of the new complex on Wednesday afternoon at 4 : 00
P.M. if any of the Council could be there. This is in
regards to landscaping and also Mr. Pinkus has given us 50
Crepe Myrtles .
Mayor Trimble received a call today from Mr . James Butts
from the Chamber and said J . C.Penny Co . is hosting a
employee fair in New York City next week. This will promote
and introduce Wylie to some of their employees that will be
moving into this area . The Chamber of Commerce and the
School District are sending representatives . Mayor Trimble
said he would like to see at least two of the Council go and
participate, the cost will be approximately $900 .00 each,
the booth space is free . You will be leaving on Sunday,
September 13th and returning on Wednesday September 16th.
Mayor Pro Tem Donovan suggested putting together a packet to
hand out . City Manager John Pitstick said staff would be
willing to put a packet together and to meet with the other
representatives from the school and the chamber . Mayor Pro
Tem Donovan said she would like to see a video of Wylie and
be able to update it . This is what is needed to promote our
City.
Mayor Trimble called for a 10 minute recess .
Mayor Trimble reconvened the meeting and did call for a
budget work shop on Friday, September 11 , 1987 at 6 : 30 P. M.
DISCUSSION OF LAKE RAY HUBBARD MOBILE HOME PARK AND
ACCEPTANCE OF APPLICABLE PUBLIC IMPROVEMENTS: The public
improvements to be accepted are the interior sanitary sewer ,
perimeter street and storm drainage. City Manager John
Pitstick said the force main and line for sewer needs to be
put in with specs from CH2M Hill and the lot fees need to be
paid plus the water turned on from East Fork Water Supply
and the fire hydrants pressure tested . Mr . Steve Knight
said the developer is going ahead with the sewer line. This
project is behind and over budget and the developer needs
some type of assurance from the Council to take to his
lender that these issues are the only things that remain to
be completed prior to getting to open. Councilman Akin
wanted to know if at the last meeting wasn' t staff and the
City' s legal counsel given the direction to meet together
and come back to Council with recommendations . Finance
Director James Johnson said the developer needed to work
with East Fork Water Supply for their water supply, lift
station district fees , the lot fees are all due. Staff
recommends to start out with 25 lots and then 50 lots , etc
until all fees are paid. This will assist them in getting
the park opened . Mr . Steve Knight , Attorney for Mr .
Finholt , requested a motion that states what needs to be
done in order for the park to be able to open . There has
been some vandalism out in the park and the developer would
like to move one mobile home in for the park manager and
hope to keep the vandalism down. Finance Director James
Johnson said this would violate the housing code.
Councilman Westerhof said it violates what Texas Water
Commission has set up for the City. Mayor Trimble suggested
a self contained motor home and use it for an office.
Councilman DiTota wanted to know if the Council stated that
these items were all that was needed to complete this
project and in a few months something came up, would the
developer be responsible. Finance Director James Johnson
stated that the maintenance bond has not been put up for the
sewer .
City Manager John Pitstick said the following should be
listed as items needed for completion of this park:
1 . installation of a 6" forced sewer main to connect
the park up with the City of Wylie' s existing
system, with final engineer approval from CH2M Hill ,
2 . connection of water services to East Fork Water
Supply with appropriate pressures for current
fire code requirements , and
3 . payment of all fees including lift station district ,
sewer impact fees , annual license and inspection
fee.
Mayor Trimble said given solutions to all problems listed
above, the park would be accepted .
Motion was made by Councilman Crane to approve and accept
the Lake Ray Hubbard Mobile Home Park with the above three
stipulations . Seconded by Councilman Blakey. The vote was
as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan
- in favor , Councilman Akin - in favor , Councilman Westerhof
- against, Councilman DiTota - against, Councilman Crane -
in favor , and Councilman Blakey - in favor . This motion
carried with five (5) in favor, and two (2) against .
DISCUSSION OF ESTABLISHING CITY PRIORITIES FOR 1988 COUNTY
BOND PROGRAM: Mayor Trimble stated that there are a number
of committees that the Council and citizens need to get
involved in for this bond program. Mr. John Morgan and Mr .
D. F. Whitlow have said they would work on the Open Space
Committee, Mr . James Johnson said he would work on the
Infrastructure Committee, Mayor Trimble is going to work on
the Transportation Committee as well Councilman Blakey.
Councilman Westerhof said he would work on the
Transportation and the Criminal Justice Committees , and
Councilman Crane said he would work on the Flood Zone
Committee. City Manager John Pitstick said that there would
be a staff member on each of the committees . Councilman
DiTota requested the news media to publish all the
committees and the need for the citizens to get involved .
Mayor Trimble stated that the Council needed to come up with
a list of priorities for this bond program. Some of the
items for the priority list were: Improvements to FM544 ,
Highway 78 and Spring Creek Parkway, there is a need for a
new bridge at Stone Road where the Rush Creek Lift Station
is and there is a need for a study for a regional sewer
plant.
SET DATE FOR BUDGET WORKSHOP AND HEARING: Mayor Trimble
stated the budget workshop and hearing was to be scheduled
on Tuesday, September 22 , 1987 . There is also workshops set
up for Friday, September 11 , 1987 and Thursday, September
17 , 1987 . Motion was made by Councilman Crane to set the
budget workshop and public hearing for September 22 , 1987 .
Seconded by Councilman DiTota. The vote was as follows :
Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor ,
Councilman Akin - in favor, Councilman Westerhof - in favor,
Councilman DiTota - in favor , Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
DISCUSSION OF LUCAS - WYLIE ETJ AGREEMENT AND APPROVAL OF
JOINT RESOLUTION BETWEEN CITIES: Motion was made by Mayor
Pro Tem Donovan to approve the agreement and sign the
resolution between Lucas and Wylie setting ETJ boundaries .
Seconded by Councilman Blakey. The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor,
Councilman Akin - in favor , Councilman Westerhof - in favor ,
Councilman DiTota - in favor, Councilman Crane - in favor ,
and Councilman Blakey - in favor . This motion carried with
all in favor .
APPROVAL OF DRAW #2 OF $100 ,000 .00 ON WORKING LINE OF CREDIT
WITH FIRST STATE BANK : Councilman Akin stated that water
revenues were up in August , this did not have any affect on
our revenues . Finance Director James Johnson said this
helped but did not off set the expenses . Motion was made by
Mayor Pro Tem Donovan to approve Draw #2 of $100 ,000 .00 on
working line of credit with First State Bank. Seconded by
Councilman Westerhof . The vote was as follows: Mayor
Trimble - in favor , Mayor Pro Tem Donovan - 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
five (5) in favor , and two (2) against .
There being no other business , a motion was made to adjourn
with all in favor .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
2
EMERGENCY CALLED CITY COUNCIL
MEETING - MINUTES
SEPTEMBER 11, 1987
6: 30 P. M.
The Wylie City Council met in an emergency called session on
Friday, September 11, 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, Mayor Pro Tem Sandra
Donovan, Council Members Cal Westerhof, Chris DiTota, Marvin
Blakey, Kent Crane and John Akin, City Manager John
Pitstick, City Secretary Carolyn Jones, Finance Director
James Johnson .
Mayor Trimble called the meeting to order and Councilman
Blakey gave the invocation. Mayor Trimble reminded Council
of the special tax hearing on Monday and that each one
needed to attend this meeting .
City Manager John Pitstick said in the four days he has been
here, he wanted the Council to know, that the city staff has
been more than happy to help. Staff has helped in getting
the budget together and in the general work of the city.
Finance Director James Johnson gave the Council an over view
of the 10th month closing figures for the budget .
Councilman Akin asked how much was saved from the employee
freeze since May. Finance Director James Johnson said it
has saved about $30 ,000 .00 .
City Manager John Pitstick said the overall financial
condition of the City is what we want to address .
GENERAL FUND - OVERALL
Operating Expenses 85-86 $1 ,859 ,624 .
Debt Requirements 85-86 18 ,275 .
Cash Forward/Deficit 85-86 72 ,000 .
TOTAL $1,949 ,899 .
Tax Base 85-86 $150 ,000 ,000 .
Population 7,200
85-86 tax rate $ .49
GENERAL FUND - FINANCIAL
Operating Expenses 86-87 $2, 132 ,676 .
Debt Requirements 86-87 201,860 .
Cash Forward/Deficit 86-87 - 159 ,981 .
TOTAL $2 ,174,555 .
Tax base 86-87 $207, 000 ,000 .
Population 8 ,500
86-87 tax rate $ .49
GENERAL FUND - CONDITION
Operating expenses 87-88 $2 ,436 ,565 .
Debt Requirements 87-88 237 , 935 .
Cash forward/deficit 87-88 -0-
TOTAL $2 ,674,500 .
Tax base 87-88 $270 ,000 ,000 .
Population 9 , 500 .
Projected tax rate $ .60
GENERAL FUND REVENUE SOURCES
85-86 86-87 87-88
Property Taxes 721,322 . 1,048 ,324 . 1,571,500
Sales Taxes 286 ,417 . 293 ,125 . 315 ,000 .
Permits, fines
& fees 414 ,584 . 419 ,355 . 437 ,850 .
Franchise tax 257 , 708 . 252, 701. 275 ,150 .
Interfund transfers 60 ,000 . 87 ,500 . 75 ,000 .
Cash on hand from
previous year 206 ,774 . 72 ,000 . -0-
Debt Service
Interest 3,094 . 1,550 . -0-
TOTAL 1,949 ,899 . 2 ,174 ,555 . 2,674 ,500 .
City Manager John Pitstick stated there needed to be some
type of tax increase, and there is a need for reserve funds
for emergencies, I am a firm believer in reserve funds .
Finance Director James Johnson said the revenue increases
from the water and sewer bills will be applied to the
improvements to the Wastewater treatment plant . City
Manager John Pitstick stated that the Utility Fund is not as
critical as the General Fund. Tonight staff is just
presenting the General Fund and I can see no way around a
tax increase. City Manager John Pitstick stated that one
thing staff wanted to do this budget year was to upgrade the
appearance and attitude of the City and city services .
Finance Director said one of the major increase in the debt
service is the new city hall and the utilities at this
building .
City Manager John Pitstick proposed the following major
changes for the General Fund:
1 . moving the tax function from the City Secretary'
office to the Finance Department,
2 . contracting for janitorial services in new building ,
3 . creation of Personnel Department by transferring a
position from Finance, this person is to conduct a
salary survey, be in charge of payroll and personnel
and oversee each departments training budget ,
4 . creation of a Maintenance Department with the
addition of a full time mechanic,
5 . creation of an economic development function to seed
marketing efforts for Wylie,
6 . adding a police information clerk for the new city
hall ,
7 . adding a utility drive-in window clerk and a meter
reader, and
8 . taking debt out of operating departments , moving
them into a single Debt Service Department in each
fund.
City Manager John Pitstick said the staff was proposing a
$ .60 tax rate at this time. Council will meet on Thursday
night with department heads and will have a bottom line
figure for the 87-88 budget .
9
Mayor Trimble appointed Councilman Westerhof to chair the
meeting on Monday night as he would be in New York and Mayor
Pro Tem Donovan would also be out of town.
There being no other business , a motion was made to adjourn
with all in favor .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
/6)
CALLED CITY COUNCIL
MEETING - MINUTES
SEPTEMBER 14, 1987
7 :00 P. M.
The Wylie City Council met in a called session on Monday,
September 14 , 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
Council Members Calvin Westerhof , Chris DiTota , Kent Crane
and John Akin, City Manager John Pitstick, City Secretary
Carolyn Jones , Finance Director James Johnson . Mayor
Trimble and Councilman Blakey were in New York and Mayor
Pro Tem Donovan was out of town.
Councilman Westerhof called the meeting to order at 7 : 00 P .
M.
PUBLIC HEARING ON THE PROPOSED TAX RATE FOR 1987 :
Councilman Westerhof opened the public hearing and requested
anyone wishing to speak come forward, state their name and
address .
Arthur Brumfield of 412 Elliott Street , according to the
advertisement in the Wylie News , you stated a 32% increase,
what is this increase .
Councilman Westerhof said the figure is a proposed figure
and it could go lower or higher . On the 22nd of September,
the Council will vote on the tax rate.
Finance Director James Johnson said the figure has to do
with the appraised values on property in Wylie .
Councilman Crane stated that he welcomed Mr . Brumfield and
that on Thursday, Sept . 17th, and Saturday, Sept . 19th ,
there will be work shops on the budget and the citizens were
invited to all the Council meetings . Councilman Akin also
stated that he was glad to see Mr . Brumfield and that he
also welcomed the citizens to come.
Councilman DiTota asked what Mr . Brumfield and his neighbors
thought about the tax rates . Mr . Brumfield said on his
street there are three houses up for sale due to people
loosing their jobs. As far as taxes , I feel we are paying
enough as it is. I do not mind paying my fair share, but I
do not like to see tax increases faster than my pay raises .
Mr . Brumfield wanted to know if Sanden Inc. was still moving
into the City. Councilman Westerhof said yes , and you
should see equipment moving in soon. City Manager John
Pitstick stated that taxes from Sanden would not appear on
the tax roll for approximately 18 months.
Councilman Akin asked how long Mr . Brumfield has lived in
Wylie and why did he pick Wylie. Mr . Brumfield said he has
lived here two (2) years and he looked in Plano and for the
same services , it was cheaper to live in Wylie. Of these
two townships , Wylie was concerned about their people . I
also looked in McKinney but they are up there with Plano,
and larger than what my family was interested in .
Councilman Westerhof thanked Mr . Brumfield for coming.
There being no other questions or comments , the public
hearing on the tax rate was closed .
SET DATE OF SEPTEMBER 22 , 1987 AT 7 :00 P. M. TO VOTE ON THE
1987 TAX RATE: Motion was made by Councilman Crane to set
//
the date of September 22 , 1987 at 7 : 00 P. M. to vote on the
1987 tax rate. Seconded by Councilman Akin. The vote was
as follows : Councilman Westerhof - in favor , Councilman
Akin - in favor, Councilman DiTota - in favor, and
Councilman Crane - in favor . This motion carried with all
in favor .
Motion was made to adjourn with all in favor .
Calvin Westerhof, Councilman
ATTEST:
Carolyn Jones, City Secretary
PLANNING AND ZONING COMMISSION
MEETING - MINUTES
7 : 00 P .M.
SEPTEMBER 17 , 1987
The City of Wylie Planning and Zoning Commission met in
regular session on Thursday, September 17 , 1987 , in the
Community Room. A quorum was present and notice of the
meeting had been posted in the time and manner required by
law. Those present were Chairman Brian Chaney, Marty
Stovall , Cecilia Wood , Bart Peddicord, Bob Skipwith, Code
Enforcement Officer Roy Faires, and Karen Blythe, Secretary.
Vice-Chairman Ben Scholz and Mr . R.P . Miller were absent .
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the September 3 , 1987 meeting . Chairman
Brian Chaney brought the attention to the 5th sentence of
this papagraph: it reads Mr . Peddicord state but should read
Mr . Peddicord stated . Cecilia Wood noted under the next
item, second sentence the word park should be parked . Ms .
Wood said the word park made it sound like Mr . Faires was
refering to a mobile home park instead of a mobile home
being parked. A motion was made by Cecilia Wood to approve
the minutes with the noted corrections. The motion was
seconded by Marty Stovall . This motion carried with all in
favor.
CONSIDER APPROVAL OF FINAL PLAT FOR APPROVED CONSTRUCTION ON
WESTGATE INDUSTRIAL PARK (LOCATED ON FM 544) : Mr . Faires
opened by reviewing the location of Westgate Industrial Park
located on FM 544 . Mr . Faires noted that the plat had
already gone before the Engineering Office and had been
approved. Bob Skipwith asked if the thoroughfare will go
through to Hwy 78 . Mr . Faires said it would which would
give us a big loop from Park Blvd. through Birmingham Farms
property to 3412 and then through the Westgate Subdivision
to this Subdivision across 544 then through the Westgate
Business Plaza to Hwy 78 .
Bob Skipwith made a motion to recommend approval of the
plat . The motion was seconded by Marty Stovall . The motion
carried with all in favor .
/
ADJOURN: There being no other business, a motion was made
by Mr . Skipwith to adjourn. The motion was seconded by Mr .
Peddicord . The motion carried with all in favor .
Brian Chaney, Chairman
Respectfully submitted
Karen Blythe, Secretary
ZONING BOARD OF ADJUSTMENTS
MINUTES
FRIDAY - SEPTEMBER 10 , 1987
COMMUNITY ROOM 7 : 00 P.M.
800 THOMAS STREET
The Zoning Board of Adjustments met in regular session on
Thursday, September 10 , 1987 , in the Community Room at 800
Thomas Street at 7 :00 p.m. A quorum was present and notice
of the meeting had been posted in the time and manner
required by law. Members present were Chairman Art Harris,
N. C. Jefferies, Cleo Adams and James Griffin . Those absent
were Paul Gaddy, Robb Tanella and Vice-Chairman Gary
Ludwig . Representing the City Staff was Code Enforcement
Officer, Roy Faires; City Secretary, Carolyn Jones; and
Secretary, Karen Blythe.
ITEM NO. 1 - ADMINSTER OATH OF OFFICE: City Secretary
Carolyn Jones administered the oath of office to James
Griffin. Chairman Art Harris welcomed the new member to the
board.
ITEM NO. 2 - APPROVAL OF MINUTES: The minutes submitted for
approval were for the May 28, 1987 , meeting . Chairman Art
Harris went over the corrections that were to have been
made. Carolyn Jones stated that all corrections would be
made . Cleo Adams felt this to be true . The motion to
approve the minutes was made by Cleo Adams . Seconded by
James Griffin. This motion passed with all in favor. Art
Harris asked the board members to look over the minutes of
July 17 , 1987 , for approval . Cleo Adams made the motion to
approve the minutes. The motion was seconded by N.C.
Jefferies. The motion was passed with all in favor.
ITEM NO. 3 - PUBLIC HEARING ON THE REQUEST FOR A VARIANCE ON
THE SETBACK REQUIREMENTS FOR FRONT AND REAR SETBACKS FOR
LOTS 5A & 5B, BLOCK I AND LOTS 12A & 12B, BLOCK H WYNDHAM
ESTATES: Roy Faires addressed the board, "I must go on
record once again saying, that I am against the granting of
any variance. " Mr . Faires brought up the fact that the
wording in the packet was somewhat wrong . Mr . Cook is
requesting a ten foot building line in the front and a
twenty foot building line in the rear . He is not requesting
a ten foot setback in the front and a twenty foot setback in
the rear as recorded in the packet. Mr . Faires went on to
explain how the wide curvature of the lots cuts down on the
constructable area of the lots. Mr . Faires brought up the
point that he and Mr . Cook have another problem which they
would have to discuss at another time. Mr . Faires stated
that with the configuration of the lots he could see how the
board would feel justified in allowing this variance.
Carolyn Jones stated for the record that one letter had been
sent out concerning this issue and it was in favor of
granting variance.
Mr . Cook of Myran Corporation said when they had come before
P&Z and the Council the project was brought through as a PUD
and at that time they did not have a builder. They now have
a contract with Mr . Ringer of Stellar Homes . Mr . Cook said
Mr . Ringer ' s smallest two house plans are too large to fit
on these lots which is why this variance has been requested .
Mr. Cook noted that Mr . Faires had said if they are granted
this variance the houses should line up as much as possible
with the ones that are already there.
Chairman Art Harris asked what size houses these were to be.
Mr . Ringer of Stellar Homes said their smallest was about
1150 square feet and their largest was about 1750 square
feet. Art Harris asked if two of the homes would be single
stories and two of the homes two stories . Mr . Ringer stated
he believed so . The size of the houses were discussed a
little further by Mr . Ringer and the board .
N.C. Jefferies asked Roy Faires exactly what they were
refering to in conjuction with the plat . Mr . Faires stated
they were only talking about a proposed ten foot front
building line and a twenty foot rear building line around
the cul-de-sac as not to offend the people across the alley.
James Griffin addressed Chairman Art Harris to the fact
that there may be a problem with the people backing out of
their driveways . Mr . Faires said they are not anticipating
any problems with this matter at this time.
Chairman Art Harris asked if there were any more questions
on the public hearing . There were none, therefore Mr .
Harris announced the public hearing closed .
ITEM NO. 4 CONSIDER APPROVAL OF VARIANCE: Chairman Art
Harris asked to consider approval on variance of the set
back requirements. Mr . Jefferies motioned to grant variance
for the ten foot set back of the front building line around
the cul-de-sac and a twenty foot set back of the rear
building line . Chairman Art Harris confirmed Mr. Jefferies
motion. Motion was seconded by James Griffin. This motion
passed with all in favor .
ITEM NO. 5 - ADJOURN - N.C. Jefferies made a motion to
adourn the September 10 , 1987 , meeting of the Zoning Board
of Adjustments . Cleo Adams seconded the motion. This motion
carried with all in favor.
Chairman, Art Harris
Respectfully Submitted :
Secretary, Karen Blythe
LIBRARY BOARD MEETING
MINUTES
SEPTEMBER 14, 1987
6:30 P.M.
The Library Board of the City of Wylie met in regular session on Monday,
September 14, 1987 at 6: 30 P.M. 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 Steve Fortenberry, Robert
Fultz, Betty Stephens, Pat Zimmerman, Carol Barry, and Librarian Beverly
Shockley.
The minutes from the previous meeting were read and approved. Betty Stephens
moved that they be approved as read, Pat Zimmerman seconded the motion which
passed unanimously.
The August Activity Report for the library was reviewed briefly.
The NETLS appropriation of $4272 for the year beginning September 1, 1987
was reported and discussed. Needs in the history and medical areas will
be considered in allocating these funds.
Steve Fortenberry asked for clarification of the Christmas Page as a fund
raiser. The special page in the newspaper acknowledging those who make
a contribution to the library was explained. It was requested as an agenda
item for October so adequate plans could be made for this activity.
Beginning in October the Pre-School Story Hour will be twice monthly in
lieu of the present once a month schedule for it.
The staff of the library has begun to accumulate material and will begin to
write a formal Book Selection Policy for review and approval by the Library
Board and the City Council.
Robert Fultz asked if 16 mm films were available through the library. NETLS
does have a large group available to members and the catalog is currently
being updated. The North Texas Film Co-Op was mentioned and Librarian Beverly
Shockley was requested to investigate its continuing operation and the availability
of material. She will report at the next meeting of the Board.
Carol Barry moved that the meeting adjourn. Robert Fultz seconded the motion.
The meeting was adjourned.
Steve Fortenberry, Chairman
MIEWIN
Engineers
1111111.1 Planners
CiafHILL Economists
1111111111 Scientists
August 19, 1987
TX21259 .B0 .30
Mr. James Johnson
Acting City Manager
City of Wylie
P.O. Box 428
Wylie, TX 75098
Dear Mr. Johnson:
Subject: Task Order No. 2 Amendment
The purpose of this letter is to update you on the status of
our Task Order No. 2 agreement with the City and formally
request an increase to the budgeted fee.
Task Order No. 2 was developed last October. The purpose of
this agreement was to provide a means to cover miscellaneous
engineering services beyond the scope of the other task
orders that CH2M HILL and the City have agreed upon. Past
work included miscellaneous TWC meetings and interface with
City Staff on special WWTP problems. Examples of future
engineering services under this task order might include
time spent on the City' s water pressure problem or the
design review of the Lake Ray Hubbard Mobile Home Park force
main plans and specifications .
A fee limit of $10 ,000 was established in Task Order No. 2 .
It was agreed that this money would be expended as author-
ized by the City and would not be exceeded without the writ-
ten approval of the City. All charges are essentially time
and materials and the City has been charged for actual work
completed only.
A total of $7 , 115 has been billed to the City under Task
Order No. 2 through July 24 , 1987 . This is approaching our
upper fee limit. We recommend that the fee limit be
increased from $10, 000 to $20 ,000 to cover the miscellaneous
engineering services that may be required in the future.
Any larger engineering efforts required by the City such as
design improvements to the City ' s water system would be per-
formed under a new task order with a scope and fee approved
by the City Council .
CH2M HILL Dallas/Fort Worth.Office 5339 Alpha Road, Suite 300, Dallas. Texas 75240 214 980.2170
} „r„ Metro. 263.9476
Mr. James Johnson
Page 2
August 19 , 1987
TX21259 .B0 .30
We have enclosed three signed copies of this task order
amendment. If this amendment meets your approval, please
sign the enclosed copies and return two copies to this of-
fice. Please call if you have any questions .
Sincerely,
47,4f-e„ 3. K
Gordon F. Koblit , P. E.
Dallas Office Manager
ACCEPTED BY CITY OF WYLIE
By:
Title:
Date:
•
cls/DFW22/087
Enclosures
/
AGREEMENT FOR MUTUAL AID IN DISASTER ASSISTANCE
STATE OF TEXAS )(
COUNTY OF COLLIN )(
THIS AGREEMENT entered into this day of , 19 ,
by and between the City of PARKER
and the City of WYLIE 1 each
acting herein through their duly-authorized officials.
WITNESSETH :
WHEREAS the governing officials of the cities set forth above,
political subdivisions of the State of Texas, desire to secure for
each such City the benefits of mutual aid in the protection of life
and property from fire and other disasters;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. , That upon the request of one city, who is a party hereto
each having fire suppression and other disaster equipment and
personnel, by the Fire Chief or Fire Alarm Operator of said city,
fire fighting equipment and personnel of a responding city, who is a
party hereto, will be dispatched to any point within the city limits
of the requesting city, designated by said Fire Chief or Fire Alarm
Operator of the requesting city, subject to the emergency conditions
hereinafter stated.
It is hereby declared and agreed that an emergency condition
shall exist within the corporate limits of a party hereto at a time
when one or more fires are in progress, or upon the occurrence of a
situation requiring one or more emergency ambulance or rescue
vehicles, and that when such condition exists, the Chief of the Fire
Department shall determine the advisability of sending fire fighting
equipment beyond the corporate limits of the requested party, and the
judgment of the Fire Chief shall be final.
2. Any dispatch of equipment and personnel pursuant to this
Agreement is subject to the following conditions:
a. Any request for aid hereunder shall include a statement
of the amount and type of equipment and number of
personnel requested, and shall specify the location to
which the equipment and personnel are to be dispatched,
but the amount and type of equipment and number of
personnel to be furnished shall be determined by a
representative of the responding city.
b. The responding city shall report to the Officer in charge
of requesting city at the location to which the equipment
is dispatched and assist in fire suppression.
c. A responding city shall be released by the requesting
city when the services of the responding city are no
longer required or when the responding city is needed
within the area for which it normally provides fire
protection.
3. Each city waives all claims against the other city for
compensation for any loss, damage, pen .)nal injury, or death
occurring as a consequence of the performance of the Agreement.
4. Neither city shall be reimbursed by the other city for costs
incurred pursuant to this Agreement.
c;?0
5. All equipment used by the responding city's Fire Department
in carrying out this Agreement will, at the time of action hereunder,
be owned by it; and all personnel acting for said responding city's
Fire Department under this Agreement will, at the time of such
action, be a paid fireman of the Fire Department of the responding
city, or member of an organized volunteer fire department rendering
firefighting services to the responding city.
6. At all times while equipment and personnel of any responding
city's Fire Department are traveling to, from, or within the city
limits of the requesting city in accordance with the terms of this
Agreement, such personnel and equipment shall be deemed to be
employed or used, as the case may be, in the full line and cause of
duty of the responding city's Fire Department. Further, such
equipment and personnel shall be deemed to be engaged in a
governmental function of its city.
7. It is further agreed by and between the parities hereto that
either party hereto shall have the right to terminate this Agreement
upon ninety (90) days written notice to the other parties hereto.
8. This Agreement is made for each respective Fire Department
as mutual aid agreements pursuant to Section 15 of Article 6889-7 of
the Revised Civil Statutes of Texas, commonly referred to as the
Disaster Act of- 1975; and for the purpose of Article 6228f, V.T.C.S.
and 42 U.S.C.A. , Section 3796, et seq.
Effec ive date of the Agreement shall be on the /yf' day of
Z1 c ; - , 19 7 , at 12.01 a.m.
ATTEST: CITY OF PARKER
rr f i� ,o—y r, Bye &'
City Secretary
TITLE:
ATTEST: CITY OF
By
City Clerk
TITLE:
AGREEMENT FOR ATI1 AL AID IN DIAS1LR ASSISTANCE
STATE OF TEXAS )(
COUNTY OF COLLIN )(
THIS AGREEMENT entered into this day of 19
by and between the City of Wylie
and the City of Lucas , each
acting herein through their duly-authorized officials.
WITNESSETH :
WHEREAS the governing officials of the cities set forth above,
political subdivisions of the State of Texas, desire to secure for
each such City the benefits of mutual aid in the protection of life
and property from fire and other disasters;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That upon the request of one city, who is a party hereto
each having fire suppression and other disaster equipment and
personnel, by the Fire Chief or Fire Alarm Operator of said city,
fire fighting equipment and personnel of a responding city, who is a
party hereto, will be dispatched to any point within the city limits
of the requesting city, designated by said Fire Chief or Fire Alarm
Operator of the requesting city, subject to the emergency conditions
hereinafter stated.
It is hereby declared and agreed that an emergency condition
shall exist within the corporate limits of a party hereto at a time
when one or more fires are in progress, or upon the occurrence of a
situation requiring one or more emergency ambulance or rescue
vehicles, and that when such condition exists, the Chief of the Fire
Department shall determine the advisability of sending fire fighting
equipment beyond the corporate limits of the requested party, and the
judgment of the Fire Chief shall be final.
2. Any dispatch of equipment and personnel pursuant to this
Agreement is subject to the following conditions:
a. Any request for aid hereunder shall include a statement
of the amount and type of equipment and number of
personnel requested, and shall specify the location to
which the equipment and personnel are to be dispatched,
but the amount and type of equipment and number of
personnel to be furnished shall be determined by a
representative of the responding city.
b. The responding city shall report to the Officer in charge
of requesting city at the location to which the equipment
is dispatched and assist in fire suppression.
c. A responding city shall be released by the requesting
city when the services of the responding city are no
longer required or when the responding city is needed
within the area for which it normally provides fire
protection.
3. Each city waives all claims against the other city for
compensation for any loss, damage, personal injury, or death
occurring as a consequence of the performance of the Agreement.
4. Neither city shall be reimbursed by the other city for costs
incurred pursuant to this Agreement.
5. All equipment used by the responding city's Fire Department
in carrying out this Agreement will, at the time of action hereunder,
be owned by it; and all personnel acting for said responding city's
Fire Department under this Agreement will, at the time of such
action, be a paid fireman of the Fire Department of the responding
city, or member of an organized volunteer fire department rendering
firefighting services to the responding city.
6. At all times while equipment and personnel of any responding
city's Fire Department are traveling to, from, or within the city
limits of the requesting city in accordance with the terms of this
Agreement, such personnel and equipment shall be deemed to be
employed or used, as the case may be, in the full line and cause of
duty of the responding city's Fire Department. Further, such
equipment and personnel shall be deemed to be engaged in a
governmental function of its city.
7. It is further agreed by and between the parities hereto that
either party hereto shall have the right to terminate this Agreement
upon ninety (90) days written notice to the other parties hereto.
8. This Agreement is made for each respective Fire Department
as mutual aid agreements pursuant to Section 15 of Article 6889-7 of
the Revised Civil Statutes of Texas, commonly referred to as the
Disaster Act of 1975; and for the purpose of Article 6228f, V.T.C.S.
and 42 G.S.C.A. , Section 3796, et seq.
Effective date of the Agreement shall be on the 1st day of
November , 19 87 , at 12.01 a.m.
ATTEST: CITY OF Wylie
By
City Secretary Carolyn Jones Chuck Trimble
TITLE: Mayor
ATTEST: CITY OF Lucas
By
City Clerk
TITLE:
AGREEMENT FOR MUTUAL AID IN DISASTER ASSISTANCE
STATE OF TEXAS ) (
COUNTY OF Collin ) (
THIS AGREEMENT entered into this day of
19 _, by and between the City of Wylie, Texas
and the City of Plano, Texas , each acting herein through
their duly-authorized officials .
W I T N E S S E T H :
•
WHEREAS the governing officials of the cities set forth above,
being political subdivisions of the State of Texas , desire to secure
for each such City the benefits of mutual aid in the protection of
life and property from fire and other disasters;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1 . That upon the request of one city, who is a party hereto each
having fire suppression and other disaster equipment and personnel , by
the Fire Chief or Fire Alarm Operator of said city, fire fighting equip-
ment and personnel of a responding city, who is a party hereto, will be
dispatched to any point within the city limits of the requesting city,
designated by said Fire Chief or Fire Alarm Operator of the requesting
city , subject to the emergency conditions hereinafter stated.
It is hereby declared and agreed that an emergency condition
shall exist within the corporate limits of a party hereto at a time
when one or more fires are in progress , or upon the occurrence of a
situation requiring one or more emergency ambulance or rescue vehicles ,
and that when such condition exists, the Chief of the Fire Department
shall determine the advisability of sending fire fighting equipment
beyond the corporate limits of the requested party, and the judgment
of the Fire Chief shall be final .
2 . Any dispatch of equipment and personnel pursuant to this
Agreement is subject to the following conditions :
a. And request for aid hereunder shall include a
statement of the amount and type of equipment and
number of personnel requested, and shall specify
the location to which the equipment and personnel
are to be dispatched, but the amount and type of
equipment and number of personnel to be furnished
shall be determined by a representative of the
responding city.
b. The responding city shall report to the officer
in charge of requesting city at the location to
which the equipment is dispatched and assist in
fire suppression.
c. A responding city shall be released by the requesting
ci :y when the services of the responding city are no
longer required or when the responding city is needed
within the area for which it normally provides fire
protection.
3 . Each city waives all claims against the other city for
compensation for any loss , damage, personal injury, or death
occurring as a consequence of the performance of the Agreement.
4 . Neither city shall be reimbursed by the other city for
costs incurred pursuant to this Agreement.
5 . All equipment used by the responding city ' s Fire Department
ln carrying out this Agreement will , at the time of action hereunder ,
be owned by it; and all personnel acting for said responding city ' s
Fire Department under this Agreement will , at the time of such action,
be a paid fireman of the Fire Department of the responding city, or
member of an organized volunteer Fire Department rendering firefighting
services to the responding city.
6 . At all times while equipment and personnel of any responding
city ' s Fire Department are traveling to, from, or within the city
limits of the requesting city in accordance with the terms of this
Agreement, such personnel and equipment shall be deemed to be employed
or used, as the case may be, in the full line and course of duty of the
responding city ' s Fire Department . Further, such equipment and
personnel shall be deemed to be engaged in a governmental function
of its city.
7 . It is further agreed by and between the parties hereto that
either party hereto shall have the right to terminate this Agreement
upon ninety ( 90 ) days written notice to the other parties hereto.
8 . This Agreement is made for each respective Fire Department as
Mutual Aid Agreements pursuant to Section 15 of Article 6889-7 of the
Revised Civil Statutes of Texas , commonly referred to as the Disaster
Act of 1975; and for the purpose of Article 6228f , V.T.C.S. and 42
U . S .C .A. , Section 3796 , et seq.
EFFECTIVE date of the Agreement shall be on the 1st day of
October , 1987 , at 12 : 01 AM.
ATTEST: CITY OF Wylie, Texas
By
City Secretary
Title :
ATTEST: CITY OF Plano, Texas
By
Ci `y Secretary
Title: Fire Chief
AGRM•E P:11 `ITIAL AID IN DISA :tit ASSISTANCE
STATE OF TEXAS )
COUNTY OF COLLIN )(
THIS AGREEMENT entered into this day of , 19 ,
by and between the City of w lj.e
and the City of Neveda , each
acting herein through their duly-authorized officials.
WITNESSETH :
WHEREAS the governing officials of the cities set forth above,
political subdivisions of the State of Texas, desire to secure for
each such City the benefits of mutual aid in the protection of life
and property from fire and other disasters;
NCW, T E EFORE, IT IS AGREED AS FOLLOWS:
1. That upon the request of one city, who is a party hereto
Each having fire suppression and other disaster equipment and
personnel, by the Fire Chief or Fire Alarm Operator of said city,
fire fighting equipment and personnel of a respcnding city, who is a
party hereto, will be dispatched to any point within the city limits
of the requesting city, designated by said Fire Chief or Fire Alarm
Operator of the requesting city, subject to the emergency conditions
hereinafter stated.
It is hereby declared and agreed that an emergency condition
shall exist within the corporate limits of a party hereto at a time
when one or more fires are in progress, or upon the occurrence of a
situation requiring one or more emergency ambulance or rescue
vehicles, and that when such condition exists, the Chief of the Fire
Department shall determine the advisability of sending fire fighting
equipment beyond the corporate limits of the requested party, and the
judgment of the Fire Chief shall be final.
2. Any dispatch of equipment and personnel pursuant to this
Agreement is subject to the following conditions:
a. Any request for aid hereunder shall include a statement
of the amount and type of equipment and number of
personnel requested, and shall specify the location to
which the equipment and personnel are to be dispatched,
but the amount and type of equipment and number of
personnel to be furnished shall be determined by a
representative of the responding city.
b. The responding city shall report to the Officer in charge
of requesting city at the location to which the equipment
is dispatched and assist in fire suppression.
c. A responding city shall be released by the requesting
city when the services of the responding city are no
longer required cr when the responding city is needed
within the area for which it normally provides fire
protection.
3. Each city waives all claims against the other city for
compensation for any loss, damage, personal injury, or death
occurring as a consequence of the performance cf the Agreement.
4. Neither city shall be reimbursed by the other city for costs
incurred pursuant to this Agreement.
5. All eduiprent used tv the respcndinz city's Fire 'wart. errt
in carrying out this Agreement will, at the time of action hereunder,
be owned by it; and all personnel acting for said responding city's
Fire Department under this Agreement will, at the tiDe of such
action, be a paid fireman of the Fire Department of the responding
city, or member of an organized volunteer fire department renderinz
firefighting services to the responding city.
6. At all times while equipment and personnel of any responding
city's Fire Department are traveling to, from;, or within the city
limits of the requesting city in accordance with the terms of this
Agreement, such personnel and equipment shall be deemed to be
employed or used, as the case may be, in the full line and cause cf
duty of the responding city's Fire Department. Further, such
equipment and personnel shall be deemed to be engaged in a
governmental function of its city.
7. It is further agreed by and between the parities hereto that
either party hereto shall have the right to terminate this Agreement
upon ninety (90) days written notice to the other parties hereto.
8. This Agreement is made for each respective Fire Department
as mutual aid agreements pursuant to Section 15 of Article 6889-7 of
the Revised Civil Statutes of Texas, commonly referred to as the
Disaster Act of 1975; and for the purpose of Article 6228f, V.T.C.S.
and 42 C.S.C.A. , Section 3796, et seq.
Effective date of the Agreement shall be on the 1st day of
November , 19 87 , at 12.01 a.m.
A1"1b.ST: CITY CF WYJ IF
By
City Secretary Carolyn Jones Chuck Trimble
TITLE: Mayor
ATTEST: CITY OF NEVEDA
By
City Clerk
TITLE:
ACRE E R M.T AL AID IN D I:.A :tt AS S I STANCE
STATE OF TES )(
COUNTY OF COLLIN )
'II-CIS AGREEMENT entered into this day of , 19
by and between the City of Wylie
and the City of Murphy , each
acting herein through their duly-authorized officials.
WITNESSETH :
WHEREAS the governing officials of the cities set forth above,
political subdivisions of the State of Texas, desire to secure for
each such City the benefits of mutual aid in the protection of life
and property from fire and other disasters;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That upon the request of one city, who is a party hereto
each having fire suppression and other disaster equipment and
personnel, by the Fire Chief or Fire Alarm Operator of said city,
fire fighting equipment and personnel of a responding city, who is a
party hereto, will be dispatched to any point within the city limits
of the requesting city, designated by said Fire Chief or Fire Alarm
Operator of the requesting city, subject to the emergency conditions
hereinafter stated.
It is hereby declared and agreed that an emergency condition
shall exist within the corporate limits of a party hereto at a time
when one or more fires are in progress, or upon the occurrence of a
situation requiring one or more emergency ambulance or rescue
vehicles, and that when such condition exists, the Chief of the Fire
Department shall determine the advisability of sending fire fighting
equipment beyond the corporate limits of the requested party, and the
judgment of the Fire Chief shall be final.
2. Any dispatch of equipment and personnel pursuant to this
Agreement is subject to the following conditions:
a. Any request for aid hereunder shall include a statement
of the amount and type of equipment and number of
personnel requested, and shall specify the location to
which the equipment and personnel are to be dispatched,
but the amount and type of equipment and number of
personnel to be furnished shall be determined by a
representative of the responding city.
b. The responding city shall report to the Officer in charge
of requesting city at the location to which the equipment
is dispatched and assist in fire suppression.
c. A responding city shall be released by the requesting
city when the services of the responding city are no
longer required cr when the responding city is needed
within the area for which it normally provides fire
protection.
3. Each city waives all claims against the other city for
compensation for any loss, damage, personal injury, or death
occurring as a consequence of the performance of the Agreement.
4. Neither city shall be reimbursed by the other city for costs
incurred pursuant to this Agreement.
5. All e oui rent 'iced Lv the _s crd irz _ i t, 's Fire _ecart.:.en t
in c..arrying out this Agreement will, at the time of action hereunder,
be owned by it; and all personnel acting for said responding city's
Fire Department under this Agreement will, at the time of such
action, be a paid fireman of the Fire Department of the responding
city, or member of an organized volunteer fire department rendering
firefighting services to the responding city.
6. At all times wile equipment and personnel of any responding
city's Fire Department are traveling to, from, or within the city
limits of the requesting city in accordance with the terms of this
Agreement, such personnel and equipment shall be deemed to be
employed or used, as the case may be, in the full line and cause of
duty of the responding city's Fire Department. Further, such
equipment and personnel shall be deemed to be eng„ged in a
governmental function of its city.
7. It is further agreed by and between the parities hereto that
either party hereto shall have the right to terminate this Agreement
upon ninety (90) days written notice to the other parties hereto.
8. This Agreement is made for each respective Fire Department
as mutual aid agreements pursuant to Section 15 of Article 6889-7 of
the Revised Civil Statutes of Texas, commonly referred to as the
Disaster Act of 1975; and for the purpose of Article 6228f, V.T.C.S.
and 42 G.S.C.A. , Section 3796, et seq.
Effective date of the Agreement shall be on the 1st day of
November , 19 87 , at 12.01 a.m.
A!T ST: CITY OF WYLIE
By
City Secretary Carolyn Jones Chuck Trimble
TITLE: Mayor
ATTEST: CITY OF Murphy
By
City Clerk
TITLE:
AGREE E F CR `9l.T AL AID IN DLA�I LR A.:S ISTANCE
STATE OF TEXAS )(
COUNTY OF COLT IN )(
THIS AGREEMENT entered into this day of , 19 ,
by and between the City of Wylie
and the City of Sachse , each
acting herein through their duly-authorized officials.
WITNESSETH :
WHEREAS the governing officials of the cities set forth above,
political subdivisions of the State of Texas, desire to secure for
each such City the benefits of mutual aid in the protection of life
and property from fire and other disasters;
NOW, THEURE, IT IS AGREED AS FOLLOWS:
1. That upon the request of one city, who is a party hereto
Lath having fire suppression and other disaster equipment and
personnel, by the Fire Chief or Fire Alarm Operator of said city,
fire fighting equipment and personnel of a responding city, who is a
party hereto, will be dispatched to any point within the city limits
of the requesting city, designated by said Fire Chief or Fire Alarm
Operator of the requesting city, subject to the emergency conditions
hereinafter stated.
It is hereby declared and agreed that an emergency condition
shall exist within the corporate limits of a party hereto at a time
when one or more fires are in progress, or upon the occurrence of a
situation requiring one or more emergency ambulance or rescue
vehicles, and that when such condition exists, the Chief of the Fire
Department shall determine the advisability of sending fire fighting
equipment beyond the corporate limits of the requested party, and the
judgment of the Fire Chief shall be final.
2. Any dispatch of equipment and personnel pursuant to this
Agreement is subject to the following conditions:
a. Any request for aid hereunder shall include a statement
of the amount and type of equipment and number of
personnel requested, and shall specify the location to
which the equipment and personnel are to be dispatched,
but the amount and type of equipment and number of
personnel to be furnished shall be determined by a
representative of the responding city.
b. The responding city shall report to the Officer in charge
of requesting city at the location to which the equipment
is dispatched and assist in fire suppression.
c. A responding city shall be released by the requesting
city when the services of the responding city are no
longer required or when the responding city is needed
within the area for which it normally provides fire
protection.
3. Each city waives all claims against the other city for
compensation for any loss, damage, personal injury, or death
occurring as a consequence of the performance of the Agreement.
4. Neither city shall be reimbursed by the other city for costs
incurred pursuant to this Agreement.
O
3 . All eouirent used by the _es cndinz city's Fire 2e!:a ert
in :.arrving out this Agreement will, at the time of action hereunder,
be owned by it; and ail personnel acting for said responding city's
Fire Department under this Agreement will, at the time of such
action, be a paid fireman of the Fire Department of the responding
city, or member of an organized volunteer fire department rendering
firefighting services to the responding city.
6. At all tunes while equipment and personnel of any respending
city's Fire Department are traveling to, from, or :..thin the city
limits of the requesting city in accordance with the terms of this
Agreement, such personnel and equipment shall be deemed to be
employed or used, as the case may be, in the full line and cause of
duty of the responding city's Fire Department. Further, such
equipment and personnel shall be deemed to be engaged in a
governmental function of its city.
7. It is further agreed by and between the parities hereto that
either party hereto shall have the right to terminate this Agreement
upon ninety (90) days written notice to the other parties hereto.
8. This Agreement is made for each respective Fire Department
as mutual aid agreements pursuant to Section 15 of Article 6889-7 of
the Revised Civil Statutes of Texas, commonly referred to as the
Disaster Act of 1975; and for the purpose of Article 6228f, V.T.C.S.
and 42 U.S.C.A. , Section 3796, et seq.
Effective date of the Agreement shall be on the 1st day of
November , 19 87 , at 12.01 a.m.
ATTEST: CITY OF WYLIE
By
City Secretary Carolyn Jones Chuck Trimble
TITLE: Mayor
ATTEST: CITY OF SACHSE
By
City Clerk
TITLE:
AGREINENT FOR LTJAL AID IN DI5A` t.R ASSISTANCE
STATE OF TEXAS 1(
COUNTY OF COLLIN )(
THIS AGREEMENT entered into this day of
by and between the City of Wylie 19
and the City of Allen , each
acting herein through their duly-authorized officials.
WITNESSETH :
WHEREAS the governing officials of the cities set forth above,
political subdivisions of the State of Texas, desire to secure for
each such City the benefits of mutual aid in the protection of life
and property from fire and other disasters;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That upon the request of one city, who is a party hereto
Each having fire suppression and other disaster equipment and
personnel, by the Fire Chief or Fire Alarm Operator of said city,
fire fighting equipment and personnel of a responding city, who is a
party hereto, will be dispatched to any point within the city limits
of the requesting city, designated by said Fire Chief or Fire Alarm
Operator of the requesting city, subject to the emergency conditions
hereinafter stated.
It is hereby declared and agreed that an emergency condition
shall exist within the corporate limits of a party hereto at a time
when one or more fires are in progress, or upon the occurrence of a
situation requiring one or more emergency ambulance or rescue
vehicles, and that when such condition exists, the Chief of the Fire
Department shall determine the advisability of sending fire fighting
equipment beyond the corporate limits of the requested party, and the
judgment of the Fire Chief shall be final.
2. Any dispatch of equipment and personnel pursuant to this
Agreement is subject to the following conditions:
a. Any request for aid hereunder shall include a statement
of the amount and type of equipment and number of
personnel requested, and shall specify the location to
which the equipment and personnel are to be dispatched,
but the amount and type of equipment and number of
personnel to be furnished shall be determined by a
representative of the responding city.
b. The responding city shall report to the Officer in charge
of requesting city at the location to which the equipment
is dispatched and assist in fire suppression.
c. A responding city shall be released by the requesting
city when the services of the responding city are no
longer required cr when the responding city is needed
within the area for which it normally provides fire
protection.
3. Each city waives all claims against the other city for
compensation for any loss, damage, personal injury, or death
occurring as a consequence of the performance of the Agreement.
4. Neither city shall be reimbursed by the other city for costs
incurred pursuant to this Agreement.
All .= uiDrer,t 'j_ed b'. the __socndi z :it 's - ire ..t cart.ert
in carrying out this Agreement will, at the time of action hereunder,
be owned by it; and all personnel acting for said responding city's
Fire Department under this Agreement will, at the time of such
action, be a paid fireman of the Fire Department of the responding
city, or member of an organized volunteer fire department rendering
firefighting services to the responding city.
6. At all times while equipment and personnel of any responding
city's Fire Department are travelinz to, from, or within the city
limits of the requesting city in accordance with the terms of this
Agreement, such personnel and equipment shall be deemed to be
employed or used, as the case may be, in the full line and cause of
duty of the responding city's Fire Department. Further, such
equipment and personnel shall be deemed to be engaged in a
governmental function of its city.
7. It is further agreed by and between the parities hereto that
either party hereto shall have the right to terminate this Agreement
upon ninety (90) days written notice to the other parties hereto.
8. This Agreement is made for each respective Fire Department
as mutual aid agreements pursuant to Section 15 of Article 6889-7 of
the Revised Civil Statutes of Texas, comronly referred to as the
Disaster Act of 1975; and for the purpose of Article 6228f, V.T.C.S.
and 42 U.S.C.A. , Section 3796, et seq.
Effective date of the :agreement shall be on the 1st day of
November , 19 87 , at 12.01 a.m.
Ai'i'EST: CITY CF WYLIE
By
City Secretary Carolyn Jones Chuck Trimble
TITLE: Mayor
ATTEST: CITY OF ALLEN
By
City Clerk
TITLE:
, ;Ao
CITY OF WYLIE
108 S. JACKSON - P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
TO : MAYOR & CITY COUNCIL
FROM: JOHN PITSTICK, CITY MANAGER,_) ,
DATE: SEPTEMBER 18 , 1987
SUBJECT: PROPOSED STREET PAVING OF PARK ROAD AND COTTONBELT
A preliminary estimate has been received to
install a 1 1/2" asphalt overlay for Park Road and
Cottonbelt . City crews will be responsible for
all subgrade and base preparation, as well as all
barricades, lights and utility adjustments .
Preliminary estimates for the asphalt overlay are
as follows :
Thomas Street Park Road to Library
approximately 1720 sq. yds . @ $3 .60 $ 6 ,192 .00
Cottonbelt (Brown to Marble)
approximately 1400 sq. yds . @ $3 .60 $ 5 ,040 .00
Approximate Total $11 ,232 .00
Since all bids are over $5 ,000 .00 we are required
to seek competitive bids. The advertisement for
bid will be in the Wednesday, September 30 , 1987
newspaper . This will allow us to open bids on
October 16 and bring back a proposal contract to
Council on Tuesday, October 20th. These streets
should be completed by early November before any
major weather changes .
We hope to come back to Council with an assessment
program this winter and be able to fully construct
from 1/2 to 1 mile of streets in the Spring .
ORANDUM
" DATE:
l J �
^ TO: ohh Pitsti�k. Citv Manaqer
�
FROM: Ron Homever, Asst. Citv Enqineer r~
SUBJECT: Plat and/or Plans Approval
'
Tr.e material stta.ched zs apn~c ed c` toe Engineeri:�
Derartment as beznq sompIete and acceptoble for Placement on
the next appropriate aqenda.
L' PreIimInary Flat to Planninq and Zoninc7
Q Oreliminary Plat to Citv Council
E. Fioal Flat to Planninn and ToPo7c:
-
E7 71nal Plat to Citv Courci ]
Sonst'uction Ple:s to Eitv CoO=711 for
constr:ctior. +pprovaI DV '
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PLANNING AND ZONING COMMISSION
MEETING - MINUTES
7 :00 P .M.
SEPTEMBER 17 , 1987
The City of Wylie Planning and Zoning Commission met in
regular session on Thursday, September 17 , 1987 , in the
Community Room. A quorum was present and notice of the
meeting had been posted in the time and manner required by
law. Those present were Chairman Brian Chaney, Marty
Stovall , Cecilia Wood , Bart Peddicord, Bob Skipwith, Code
Enforcement Officer Roy Faires, and Karen Blythe, Secretary.
Vice-Chairman Ben Scholz and Mr. R.P . Miller were absent .
CONSIDER APPROVAL OF MINUTES: The minutes submitted for
approval were for the September 3 , 1987 meeting . Chairman
Brian Chaney brought the attention to the 5th sentence of
this papagraph: it reads Mr . Peddicord state but should read
Mr . Peddicord stated . Cecilia Wood noted under the next
item, second sentence the word park should be parked . Ms .
Wood said the word park made it sound like Mr . Faires was
refering to a mobile home park instead of a mobile home
being parked. A motion was made by Cecilia Wood to approve
the minutes with the noted corrections. The motion was
seconded by Marty Stovall . This motion carried with all in
favor .
CONSIDER APPROVAL OF FINAL PLAT FOR APPROVED CONSTRUCTION ON
WESTGATE INDUSTRIAL PARK (LOCATED ON FM 544) : Mr . Faires
opened by reviewing the location of Westgate Industrial Park
located on FM 544 . Mr . Faires noted that the plat had
already gone before the Engineering Office and had been
approved. Bob Skipwith asked if the thoroughfare will go
through to Hwy 78 . Mr . Faires said it would which would
give us a big loop from Park Blvd . through Birmingham Farms
property to 3412 and then through the Westgate Subdivision
to this Subdivision across 544 then through the Westgate
Business Plaza to Hwy 78 .
Bob Skipwith made a motion to recommend approval of the
plat . The motion was seconded by Marty Stovall . The motion
carried with all in favor .
LEGAL NOTICE
PUBLIC HEARING
PROPOSED WATER/SEWER RATE CHANGE
STATEMENT OF INTENT
The City Council of the City of Wylie will conduct a public hearing on
Tuesday, September 22 , 1987 , at 7 : 00 P.M. in the Community Center at 800
Thomas Street for the purpose of considering the rate consultant' s
recommendations and staff proposal for an increase in water/sewer rates.
These proposed changes are applicable to all areas and all customers served
by the City of Wylie' s municipal utility (water/sewer) system. The classes
and numbers of City utility customers affected are as follows (as of July
30, 1987) :
Residential Water 2332
Residential Sewer 2311
Commercial & Industrial Water 222
Commercial & Industrial Sewer 222
Residential Water (outside City) 7
Residential Sewer (outside City) 1
Commercial & Industrial Water (outside City) 0
Commercial & Industrial Sewer (outside City) 0
Therefore, notice is hereby given that the City of Wylie, Texas (The
Utility) intends to change water/sewer service rates effective October 1 ,
1987 . This request is based on a rate study prepared by Charles Binford,
Financial Management Consultant, dated August, 1987 for the period ending
June, 1987 . The Council will consider a rate proposal having at least an
average rate of increase on combined water and sewer bills of 17 . 6% to
18 .2% per customer depending on monthly consumption. The increase in water
and sewer rates effective October 1 , 1987 , will be by the amount necessary
to finance annual principal and interest payments on the 1987 North Texas
Municipal Water District Contract Revenue Bonds in the amount of
$1 ,960,000 .00 for the renovation and expansion of the City' s wastewater
treatment plant . This expansion/renovation is necessary so that the City
may comply with the Texas Water Commission' s Administrative Enforcement
Order, dated June 24 , 1987 regarding improvements to its wastewater
collection and treatment system.
The City intends to change its service rules and regulations regarding
water and sewer tap fees, meter testing charges, and penalty and interest
charges on past due accounts.
Implementation of the proposed changes is subject to City Council adoption
of the revised rate ordinance. A copy of the rate study that details the
alternatives considered by the Council is available at the Finance office,
108 South Jackson, Wylie, Texas, 75098 . A copy of the recommended change
being considered by the Council is on page 51 of the Binford Rate Study.
All interested persons or parties who wish to participate in this public
hearing are invited to attend this meeting . For further information please
call the Finance Director at 108 South Jackson , Wylie, Texas, 75098 , at
(214) 442-2236 , ext.212 .
Carolyn Jones
City Secretary
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE
POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING
ORDINANCE #84-12 , THE FEE ORDINANCE OF THE CITY,
SPECIFICALLY AMENDING SECTION 1 . WATER AND SEWER RATES,
SUB-SECTION A. WATER AND SEWER SERVICE DEPOSITS; SUB-
SECTION b. WATER RATES, PARAGRAPH a; AND SUB-SECTION C.
SEWAGE COLLECTION AND TREATMENT RATES, PARAGRAPH a . ,
AND PARAGRAPH b. AND ADDING PARAGRAPH c. AND DELETING
PARAGRAPH d. ; AND SUB-SECTION G. LATE PAYMENT PENALTY
AND SERVICE DISCONNECTION AND TAMPERING AND
DESTRUCTION, PARAGRAPH a . ,PARAGRAPH b. , AND PARAGRAPH
C; AND SUB-SECTION H. TEMPORARY CONNECTION CHARGE; AND
SUB-SECTION I .CONNECTION OF SERVICE; AND SUB-SECTION K.
WATER AND SEWER TAP FEES, PARAGRAPH a . , PARAGRAPH b. ,
PARAGRAPH c. , PARAGRAPH d . , AND PARAGRAPH e. ; AND
ADDING SUB-SECTION 0. METER TESTING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1 . WATER AND SEWER RATES
A. Water and Sewer Service Deposit - Each water
customer shall make a deposit to the City of Wylie
for water service and sewer service in accordance
with the following schedule :
Residential Customers : water service $30 .00
sewer service 30 .00
Commercial Customers : water service $62 . 50
sewer service 62 .50
B. Water Rates
a . The following monthly water rates shall apply
to all customers within the corporate limits of
the City of Wylie , Texas .
Monthly minimum charge ( first 1 ,000 $6 .50
gallons of metered water consumption)
Volume charge for all consumption 1 . 82
exceeding 1 ,000 gallons per month
(per 1 ,000 gallons)
C. Sewage Collection and Treatment Rates
a . The following monthly sewage collection and
treatment rates shall apply to all residential
customers of the City of Wylie, Texas with a
maximum charge of $23 .80 per month .
Monthly minimum charge (first 1 ,000 $7 .00
gallons of metered water consumption)
Volume charge for all consumption 1 .20
exceeding 1 ,000 gallons per month (per
1 ,000 gallons)
b. A $14 .00 minimum monthly sewage collection and
treatment charge for non-residential customers
shall be in accordance with the above schedule ,
but with no maximum. Any industrial waste
surcharge shall be in addition to the above
schedule and in accordance with the details of
the Industrial Waste Ordinance.
c . Sewer Fee - A sewer fee of $13 .00 shall be
charged for each apartment unit , multiple
family unit or mobile home space and special
areas such as washaterias , swimming pools , etc .
where the apartment , multiple family
development or mobile home park is on a master
meter with the City of Wylie.
G. Late Payment Penalty and Service Disconnection and
Tampering and Destruction
a . That such water and sewer rates hereby shall be
mailed by the City of Wylie shall be due and
payable by customers of the Waterworks and
Sanitary Sewer System by the 16th day from the
date of the bill . All utility bill payments
are due by the 16th date of the bill except
when the 16th falls on a Saturday, Sunday, or
legal holiday under which condition they are
due not later than 8 : 00 A.M. local time on the
next working day. Should the amount due on the
16th day not be paid in full , a ten percent
(10% ) penalty shall be added to the amount past
due and unpaid .
b . Utility customers with accounts unpaid as of
the close of business on the 16th day (due
date) will be notified by the issuance of a
" termination notice" which will notify
customers that account is past due and that
City utility service is subject to termination .
The customer is subject to service
discontinuation on the llth day after the bill
comes due (16th day or due date) . The City is
not required to send additional notices other
than the termination notice in order to be
authorized to discontinue service. For
purposes of termination of services , the
termination day is calculated from the 16th
day, or due date, irregardless on what day of
the week it falls on.
c . No customer shall have the right to tamper or
alter any component of the waterworks or Sewer
System including valves , meters , meter boxes
and lids , hydrants , lines , pump stations ,
ground storage tanks , elevated storage tanks
and lift stations . This shall include the
direct or indirect efforts to restore water
service without the approval or assistance of
the City or any effort to circumvent the intent
of the City to provide service without putting
up a current deposit on the account or to not
provide service for non-payment of charges .
H. Temporary Connection Charge
A fee of twenty dollars ($20 .00) shall be paid in
advance for temporary water service to a utility
customer for activities such as cleaning , plumbing
checks , remodeling and so forth . Such temporary
service will be provided for three (3) working
days, excluding the date on which the fee is paid .
0
I . Connection of Service
Upon receipt of an application for service and
payment of all required deposits , connection of
utility service shall be made by the City. if
requested by the customer , and if the application
and deposit are received prior to 10 : 00 A.M. , all
reasonable efforts will be made to connect service
by the end of the same working day. If the
application and deposit are received after 10 : 00
A.M. , and upon payment in advance of a $25 .00
special service connection fee, service will be
connected by the end of the same working day.
Otherwise, all reasonable efforts will be made to
connect service by the end of the following
working day.
K . Water and Sewer Tap Fees
The following represent the charges the City of
Wylie shall require to be paid for tapping a water
main and sanitary sewer for service and the
extension of that service to the property line .
All water and sewer service lines on private
property are the responsibility OF the individual
property owner under the current Uniform Plumbing
Code adopted by the City Council of the City of
Wylie.
a . Water Taps - The tapping fee for single unit
residences and commercial connections with the
City water distribution system shall be:
METER SIZE METER ONLY COST METER & TAP COST
3/4" X 5/8" $125 .00 $100 . 00 plus cost of
materials and labor
1" $280 .00 $280 . 00 plus cost of
materials and labor
1 1/2" $560 .00 $560 .00 plus cost of
materials and labor
2" & over Total cost of meter ,
materials and labor
3/4" X 5/8" $25 .00 per pre-
(pre-tapped) tapped subdivision
mains to property
line - for
inspection per
tap unit
b. Water Taps
The tapping fee for master meter connections
for multi-family dwellings , mobile home parks ,
office buildings , etc . , shall be $25 .00 per
living unit plus the cost of meter , materials
and labor .
c . Sewer Taps
The tapping fee for single unit residences and
commercial connections with the City sanitary
sewer collection system shall be:
SIZE OF
SERVICE LINE COST
4" $160 . 00 plus cost of materials and
labor
6" & over $220 .00 plus cost of materials and
labor
4 " & over $25 .00 for pre-tapped subdivision
(Pre-tapped) mains to property line - for
inspection per tap unit
d . Sewer Taps
The tapping fee for single sanitary sewer for
multi-family dwellings , mobile home parks ,
office buildings , etc . , shall be $25 .00 per
living unit or separate place of business plus
the cost of materials and labor .
e . Water and Sewer Connection Inspection Fees
The fee for inspecting developer made water and
sewer taps shall be $25 .00 per connection made .
0. Meter Testing
When any utility customer is of the opinion that a
water meter is registering incorrectly, the
customer may make a request to the City for
testing of the meter . At the time the request is
made, a $15 .00 deposit shall be made . If the test
shows that the meter is registering consumption in
excess of actual flow by more than 2 percent , the
meter shall be replaced with an accurate one and
the $15 .00 deposit shall be returned to the
customer . If the test shows that the meter is
registering consumption at less than actual flow
or in excess of actual flow by 2 percent or less ,
the $15 .00 deposit shall be retained by the City.
PUBLICATION
The caption of this Ordinance shall be published one
time in the official newspaper of the City of Wylie .
SEVERABILITY
It is hereby declared to be the intention of the City
Council that should the sections , paragraphs ,
sentences , clauses and phrases of the Ordinance be
declared unconstitutional or invalid by the valid
judgment or decree of any court of competent
jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases , clauses ,
sentences , paragraphs , or sections of this Ordinance,
since the same would have been enacted by the City
Council without the incorporation in the Ordinance of
unconstitutional or invalid phrases , clauses ,
sentences , paragraphs , or sections .
EFFECTIVE DATE
The Ordinance shall become effective on the first (1st)
day of October, 1987 .
PASSED AND APPROVED ON THIS THE DAY OF
1987 , BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones , City Secretary
APPROPRIATION ORDINANCE NO.
AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL
YEAR BEGINNING OCTOBER 1, 1987 , AND ENDING SEPTEMBER
30 , 1988 , IN ACCORDANCE WITH THE CHARTER OF THE CITY OF
WYLIE, APPROPRIATING THE VARIOUS AMOUNTS THEREOF, AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR A PUBLIC HEARING;
PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND FOR AN
EFFECTIVE DATE THEREOF.
WHEREAS, the City Manager of the City of Wylie has
submitted to the City Council a proposed budget of
the revenues of said City and the
expenditures/expenses of conducting the affairs
thereof and providing a financial plan for 1987-88
and which said proposed budget has been compiled
from detailed information obtained from the
several departments , divisions , and offices of the
City; and,
WHEREAS, the City Council has received said City Manager ' s
proposed budget , a copy of which proposed budget
and all supporting schedules have been filed with
the City Secretary of the City of Wylie.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 That the proposed budget of the revenue of the
City of Wylie and the expenses of conducting the
affairs thereof , providing a complete financial
plan for the ensuing fiscal year beginning October
1 , 1987 and ending September 30 , 1988 , as
submitted to the city Council by the City Manager
of said City, be and the same is in all things
adopted and approved as the budget of all current
expenditures/expenses as well as fixed charges
against said City for the fiscal year beginning
October 1 , 1987 and ending September 30 , 1988 .
SECTION 2 That the sum of $2 ,459, 000 . is hereby appropriated
out of the General Fund for the payment of
operation expenditures and capital outlay of the
City Government as established in the approved
Budget Document .
SECTION 3 That the sum of $241 ,000 . is hereby appropriated
out of the General obligation Debt Service Fund
for the purpose of paying the principal and
interest due on general obligation bonds and
capital lease purchases as they mature and
creating a sinking fund therefor .
SECTION 4 That the sum of $1 ,215 ,000 . is hereby appropriated
out of the water and sewer revenues for the
purpose of paying operating expenses and capital
outlay for the operation thereof as established in
the approved Budget Document .
SECTION 5 That the sum of $235 ,000 . is hereby appropriated
out of the Water and Sewer Revenue Debt Fund for
the purpose of paying interest and principal
requirements on water and sewer revenue bonds .
SECTION 6 That the sum of $275,000 . is hereby appropriated
out of the Sanitation Operating Fund for the
purpose of paying operating expenses and capital
outlay for the operation thereof as established in
the approved Budget Document .
SECTION 7 That the sum of $175 ,000 . is hereby appropriated
out of the Capital Improvement and other Funds for
the purposes as established in the approved Budget
Document .
SECTION 8 That the sum of $150 ,000 . is hereby appropriated
out of the Lift Station Fund for the purposes of
paying operating expenses and other purposes as
established in the approved Budget Document .
SECTION 9 That specific authority is hereby given to the
City Manager to transfer appropriations budgeted
from one account classification or activity to
another within any individual department or
activity; and,to transfer appropriations from
designated appropriations to any individual
department or activity.
SECTION 10 That ordinances or parts of ordinances in
conflict herewith are hereby repealed .
SECTION 11 That this ordinance shall be and remain in full
force and effect from and after its final passage
and publication as herein provided .
SECTION 12 That a public meeting be held before the City
Council as a Committee as a whole, on September
22 , 1987 , and that due notice of said public
hearing was published one time in a newspaper
having general circulation int he City of Wylie;
this ordinance shall be published in a newspaper
having general circulation in the City of Wylie.
This ordinance to become effective upon its passage and
approval September 22 , 1987 , and publication hereof .
DULY APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ON THE 22ND DAY OF SEPTEMBER, 1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones , City Secretary
ORDINANCE NO.
AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE
CITY OF WYLIE, TEXAS FOR THE YEAR 1987 , UPON ALL TAXABLE
PROPERTY IN SAID CITY OF WYLIE , TEXAS, FOR THE PURPOSE OF
PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR
ENDING SEPTEMBER 30 , 1988 , AND THE FURTHER PURPOSE OF
CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST
OF THE BONDED INDEBTEDNESS OF SAID CITY : PROVIDING FOR A
LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF
TAXES DUE THEREON: PROVIDING THAT IN THE EVENT ANY
PROVISIONS OF THIS ORDINANCE BE HELD UNCONSTITUTIONAL AND
THAT SUCH HOLDING SHALL NOT AFFECT THE REMAINING PROVISIONS
HEREOF : REPEALING ALL ORDINANCES AND PARTS THEREOF IN
CONFLICT HEREWITH AND PROVIDING FOR PUBLICATION.
BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1 . There is hereby levied for the fiscal year 1987
upon all real property situated within the corporate limits
of said City of Wylie, Texas, and upon all personal property
which was owned within the corporate limits of said City of
Wylie, Texas, on the 1st day of January, A. D. 1987 , except
so much thereof as may be exempt by the Constitution of laws
of the State of Texas, a total tax of Fifty-Nine Cents
(0 .59) , on each One Hundred ($100 .00) Dollars of assessed
valuation on all of said property which said total tax here
now levied as aforesaid is respectively as follows :
SECTION 2 . An ad valorem tax of and at the rate of ( .5005)
on each One Hundred dollars ($100 .00) of assessed valuation
of said taxable property is hereby levied for the year 1987 ,
for the general city purposes and to pay the current
operating expenses of said City of Wylie, Texas, for the
fiscal year ending September 30 , 1988 , which tax , when
collected shall be appropriated to and for the credit of the
General Fund of said City of Wylie, Texas .
SECTION 3 . An ad valorem tax of and at the rate of Four
cents (0 .0895) on each One Hundred ($100 .00) Dollars of
assessed valuation of said taxable property is hereby levied
for the year of 1987 , for the purpose of creating an
Interest and Sinking Fund with which to pay the interest and
retire the principal of the valid bonded indebtedness,
capital lease payments, and related fees of the City of
Wylie, Texas , now outstanding , and such tax when collected
shall be appropriated and deposited in and to the credit of
the Interest and Sinking Fund of the said City of Wylie,
aTexas for the fiscal year ending September 30 , 1988 .
SECTION 4 . The City of Wylie shall have a lien on all
taxable property located in the City of Wylie to secure the
payment of taxes , penalty interest , and all costs of
collection, assessed, and levied hereby.
SECTION 5 . Taxes are payable in Wylie, Texas at the Office
of the Tax-Assessor Collector , Finance Department, City
Hall . The City shall have available all the rights and
remedies provided by law for the enforcement of the
collection of taxes levied under this ordinance.
SECTION 6 . That the tax roll presented to the City Council ,
together with any supplements thereto, be and same are
hereby accepted . (See attachment A)
SECTION 7 . In the event any provision of this Ordinance
shall be held unconstitutional and invalid by a court of
competent jurisdiction, the same shall not affect the
remaining provisions thereof .
SECTION 8 . All Ordinances and part thereof in conflict with
any of the provisions of this Ordinance are hereby
expressively thereof .
SECTION 9 . The caption of this ordinance to be published
one time in a newspaper having general circulation in the
City of Wylie, Texas, and to become effective immediately
upon its passage and publication .
PASSED AND APPROVED, and ordered published by the City
Council of the City of Wylie, Texas this the 22nd day of
September , 1987 .
Chuck Trimble, Mayor
ATTEST :
Carolyn Jones, City Secretary
ATTACHMENT A
CENTRAL APPRAISAL DISTRICT
OF
BOARD OF DIRECTORS COLLIN COUNTY CHIEF APPRAISER
Dr. Leo Fitzgerald,Chairman Jimmie C. Honea,CTA,RPA
Anthony Geer,Secretary 1201 W. 15th Street, Room 136
Don Higgins Plano, Texas 75075
Larry Jackson
Jack Scott,Jr. 214/423-8802 July 28, 1986
214/542-0306
Mr. James Johnson, City Manager
City of Wylie
P. O. Box 428
Wylie, Texas 75098
Re: 1987 Appraisal Rolls
Dear Mr. Johnson,
After reviewing the 1987 Appraisal Roll, an error was found in the certified
taxable value submitted to you on July 24, 1987.
The corrected total certified taxable value for the City of Wylie is
$269,410,786.
The corrected total certified taxable value of property still under protest
to be added to the supplemental roll for the City of Wylie is $5,819,292.
The total value to be used to calculate the effective rate for the City
of Wylie is $275,230,878.
This total includes new property added for 1987:
New Construction $ 33,208,239
New Personal Property $ 3'199 769
Annexation $ ' -0-
Total New Property $ 36,408,008
Please accept my apology for the incorrect values submitted to you earlier.
Sincerely,
J' mie C. Honea
Chief Appraiser
JCH/dlw
/81
STATE OF TEXAS X
X PROPERTY TAX CODE, SECTION 26.01(a)
COUNTY OF COLLIN X
CERTIFICATION OF APPRAISAL ROLL FOR City of Wylie
I, Jimmie C. Honea, Chief Appraiser for the Central Appraisal District of Collin
County solemnly swear that the attached is that portion of the approved Appraisal Roll
of the Central Appraisal District of Collin County which lists property taxable
by City of Wylie and constitutes the appraisal roll for City of Wylie in the amount of
$269,410,786.
July 28, 1987 /://**sa•1
mature of Chief Appr wiser
Approval of the appraisal records by the Central Appraisal District of
Collin County Appraisal Review Board occurred on the 17th day of
July, 1987.
CENTRAL APPRAISAL DISTRI
OF
COLLIN COUNTY
itr
1201 W. 15th Street, Room 136 -kt .
Plano, Texas 75075
September 20, 1987 214/423-8802
214/542-0306
Ms. Carolyn Jones, City Secretary
City of Wylie
P.O. Box 428
Wylie, Texas 75096
RE: Annexations
Dear Carolyn:
Per our earlier conversation, the total value of annexations to be used in
your 1987 effective rate calculation is $8,443,332.
Please find attached a copy of the annexations received by our office.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Bo Daffin,
Deputy Chief Appraiser
BD/dlw
Enclosure
WYLIE INDEPENDENT SCHOOL DISTRICT
Don E.Whitt Wally Watkins.Asst.Superintendent
Superintendent Curriculum and Personnel
September 15, 1987
Office of the City Manager
City of Wylie
Wylie, Texas 75098
Dear Sir:
It is the recommendation of the Wylie Independent School District
that the following school time zones be included in the city
ordinance:
All school zones: 7:30 a.m. - 8:30 a.m.
2.30 p.m. - 4:30 p.m.
In the areas of the elementary schools, please also include 11:00
a.m. - 12:30 p.m.
We sincerely appreciate the efforts of the City of Wylie in the
providing as much safety as possible in and around our schools.
4, '
incere rs,
Wally Watkins
Assistant Superintendent
gjp
P.O. Box 490•Wylie,Texas 75098-0490•(214) 442-5444
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE
POLITICAL SUBDIVISION OF THE STATE OF TEXAS,
ESTABLISHING CERTAIN TIMES FOR SCHOOL ZONES WITHIN
THE CORPORATE LIMITS OF THE CITY OF WYLIE: PROVIDING
FOR A PENALTY, PROVIDING FOR PUBLICATION OF THE
CAPTION; PROVIDING FOR SEVERABILITY; PROVIDING A
REPEALING CLAUSE AND DECLARING AN EFFECTIVE DATE:
WHEREAS: The City Council has determined that the present
ordinance designating times for school zones are
antiquated and in need of updating to comply with
State regulations , therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS, THAT
SECTION 1 : The times for the school zones be set as
follows :
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.
SECTION 2 : 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 3: SEVERABILITY CLAUSE
Should any paragraph , sentence, subdivision , clause,
phrase or section of this ordinance be adjudged or held
to be unconstitutional , illegal or invalid, the same
shall not affect the validity of this ordinance as 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 4: 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 5: 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 .
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, THIS THE 22 DAY OF SEPTEMBER, 1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones , City Secretary
53
Ap
Vyite
CITY OF WYLIE
108 S.JACKSON ST. — P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
TO: John Pitstick, City Manager
From: James Johnson, Director of Finance
Date: September 18, 1987
Re: Telecommunications Services Tax
This ordinance authorizes a 17 sales tax (city sales tax) on
telecommunications services within the City of Wylie. Estimated
revenues for this fiscal year , with the tax's effective date
of January 1, 1988 is projected to be approximately $ 2,000.
i
i
ORDINANCE NO.
AN ORDINANCE RELATING TO TAXATION OF TELECOMMUNICATIONS
SERVICES ; REPEALING THE APPLICATION OF THE EXEMPTION
PROVIDED FOR IN SECTION 4B (a) OF ARTICLE 1066C
V.A.T.C .S. ; PROVIDING FOR NOTIFICATION TO THE
COMPTROLLER OF THE STATE OF TEXAS; PROVIDING THAT NO
SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVE AS AN
OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY ANY
PROVIDER OF TELECOMMUNICATIONS SERVICE PURSUANT TO ANY
FRANCHISE, STREET USE ORDINANCE, CHARTER PROVISION,
STATUTE OR ANY OTHER IMPOSITION OF THE CITY OF WYLIE;
MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1 : (a) A tax is hereby authorized on all
telecommunications services sold within the
City of Wylie, Texas . For purposes of this
section, the sale of telecommunications
services is consummated at the location of
the telephone or other telecommunications
device from which the call or other
communication originates . If the point of
origin cannot be determined , the sale is
consummated at the address to which the call
or other communication is billed .
(b) The application of the exemption provided for
in Article 1066c, Section 4B (a) , V.A.T.C.S .
is hereby repealed by the City of Wylie,
Texas as authorized by Section 4B (a) thereof .
(c) The rate of tax imposed by this section shall
be the same as the rate imposed by the City
of Wylie, Texas , for all other local Sales
and Use Taxes as authorized by the
legislature of the State of Texas .
(d) The City Secretary shall forward to the
Comptroller of the State of Texas by United
States Registered or Certified Mail a copy of
this ordinance along with a copy of the
minutes of the City Council ' s vote and
discussion on this ordinance .
(e) This section shall become effective as of
October 1 , 1987 .
SECTION 2 : This ordinance shall be and is hereby
declared to be cumulative of all other
ordinances of the City of Wylie , Texas , and
this ordinance shall not operate to repeal or
affect any of such other ordinances . The tax
provided for hereunder shall not serve as an
offset to, be in lieu of or in any way reduce
any amount payable to the City pursuant to
any franchise, street use ordinance, charter
provision, statute or, without limitation by
the foregoing enumeration, otherwise payable
by any provider of telecommunications
service; it being the express intent hereof
that all such obligations , impositions and
agreements of every kind and nature shall
remain in full force and effect without
reduction or limitation hereby.
SECTION 3 : If any section , subsection , sentence, clause
or phrase of this ordinance is for any reason
held unconstitutional , such holding shall not
affect the validity of the remaining portions
of this ordinance .
SECTION 4 : This ordinance is to be liberally construed
to achieve its remedial purposes .
SECTION 5 : This ordinance shall become effective from
and after its passage as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, THIS THE DAY OF , 1987 .
Chuck Trimble, Mayor
City of Wylie , Texas
ATTEST:
Carolyn Jones , City Secretary
APPROVED AS TO FORM:
City Attorney
56
C
nchbustoie Direct Deposit Your Payroll
i,�
`� \ distribute them. It also takes check 11111,
�.�.�. per • ong with a list
�y f, ,e time—and it's usually working of emplo with accounts at
�, ` •i time—for people to take their each •. Or, electronic funds
`"�hg
°` i �`4r r checks to the bank." .-.. "er can be used.
�: judge Lobrado noted another If you want to discuss this idea
`\ dvantage of direct deposit: e . with Judge Lobrado, call him at
*� • • ,t If p • - pay is usually de •. ed 915-533-1140, or write him at
`�` Judge in the - counts soo. than if 1500 Montana, El Paso, Texas
/vpor
Luis Lob- they have . .. .- . th
em to 79902.
rado had his their indivi. :. .• .way, he'd sentence Th a also su,_ 'i'` s
• g ted that ,. .•ve r;,. ''. _� .)-t
cities and counties to e •oyees could be give . in- �� iv '4 'u - ••' L' •t-t _
/ depositing their payrolls centive to participate in dire ', . 4 •'t- '' 'Il �t
directly into their employ- deposit—such as a cash bonus for "'.:a'-� « 4 'I ' I• :ail.�i 5: l'•�`;- ,s
ees banks. �`"'t.each month or quarter that there ., ' ' .' �u .�; r-
'Think of the time would is a high rate of participation. -' '4 : ,2,..," ' .1
be saved,"said • 1 Paso mu- The bonus would come out of the Call ate• ! 'stroll �'`
nicipal co . "•.ge. "It takes time savings realized by direct deposit �• It, �•
to pr-•..e individual checks, to Direct deposit can be done - -804-252 5555, ' ., .79,. '
them into envelopes, and to with regular paper checks—one t 1Zth St. Austin, . 87 4,
How To -�Repeal The �
Telecommunications Exemption
tState law provides that tele- 1. The city council adopts an order is sent to the Comptroller
communication services are sub- ordinance or the commissioners by United States registered or
ject to the state sales tax, but are court passes an order to repeal certified maiL
exempt from all local sales taxes. the local sales tax exemption on 4. After the Comptroller re-
However, the law also says telecommunication services (for ceives the notice, one full calen-
that if a city or county wants to appropriate wording, see the box dar quarter must elapse. The re-
apply its local sales tax to tele- on the facing page). peal of the exemption then takes
communications, it may repeal 2. The vote on the ordinance/ effect and the tax is imposed on
that exemption. order is entered into the minutes the first day of the next calendar
October 1, 1987 is the earliest of the governing body. quarter.
that the repeal may take effect 3. A copy of the ordinance/
and the tax imposed. If you want
it done by this date, you must no- -'.x � , 4. . ,% %,
Oti u, be k Y ,€x.�
tify the Comptroller by June 3q �.� �. � -�� ,�,� ° empho'L ,� re• ed) ,,,'
1987. k e yed by ti - on i o. . ., . . .n ,,
(Since counties can't even start ,,. C. r
t June 0 , ' `! ..:, Oct ' ` 98, : ' :x 7_,, 1
collecting a sales tax until January � � A";.:.-.: ,,- � ! �..�
1, 1988, their repeal wouldn't be • ptember 30, 1987 - an 98
effective until then.) l ecember`31, 1987 Ap 1- 4" �_ -. -. i
.
Here's the procedure for re- b „ ..—,.31, 1988 •<� Jul 9$8 If' a �.
une 30 1988 October 1988 -pealing the exemption and placing . . .
your local sales tax on telecom- Y` s � * tz A' '�
For more information call the Comptroller'-toll free 1-`00=252 5555
munication services. '- ' ' 4 it :
.� _ , ..,_. �. _ .. �.�, , . ., 4
30
57
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 Five (5) A.M. on the
designated day of pickup.
SECTION 2: The presence of Refuse in fornt of any residence
shall be considered prima facie evidence that the
Refuse as placed there by you on behalf of the
owner or occupant of such resident .
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
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 22ND DAY OF SEPTEMBER, 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
($500. 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 or the t irne 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 previsions 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, i 11ega1, 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 invalidity as a whole.
SECTION 6.
Any person, firm or corporation violating any of the
provisions or, terms of this ordinance shall be subject to a
fine not to exceed five hundred dollars ($500. 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 capt ion, 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
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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 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 .
(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 five (5) 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 five (5)
days shall be destroyed in a humane manner or
offered for adoption by the Animal Control
officer (s) .
(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 . The animal
shelter shall not be responsible for providing
veterinary medical care for any sick or injured
animal .
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 .
(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 22ND DAY OF SEPTEMBER, 1987 .
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones , City Secretary
7
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TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE 35. AC 512 476-7577
POST OFFICE BOX 2225
AUSTIN.TEXAS 78768
August 14, 1987
Mrs. Carolyn Jones
City Secretary
City of Wylie 2 0
P. O. Box 428 '
Wylie, Texas 75098
Dear Mrs. Jones:
The Updated Service Credit and Annuity Increases study for the City of Wylie has been
completed. Enclosed is an Explanation of Plans, along with benefit estimates for both active
employees and retirees under the various proposed plans.
Under Plan 3, the City can adopt 100% Updated Service Credit, including the Updated Service
Credit for 1 transfer member(s) with unforfeited credit in other TMRS member cities. This
plan also includes the adoption of the following provisions of Senate Bill 505:
1) Retirement at any age with 25 years of creditable service,
2) Survivor benefits for the spouse of deceased employees who are vested at the time
of death,
3) Occupational disability retirement plan allowing certain benefits for employees
who become disabled to perform their particular job or occupation,
4) Prior service credit for those employees previously ineligible for TMRS
membership due to age at the time of employment, who will become members of
TMRS effective September 1, 1987. Our records indicate you have no over-age
employee(s).
Plan 3 would also provide for adopting 2 to 1 matching. In addition, the City could adopt Plan
A under Annuity Increases, which would grant each retiree an increase equal to 70% of the
change in the Consumer Price Index, less previously granted increases. If previously granted
increases exceed the percentage of the change in the CPI since retirement, the retiree will not
receive an increase and will retain their present benefit. If the benefits of Plan 3 (Updated
Service Credit) and Plan A (Annuity Increases) are adopted, the City's 1988 contribution rate
will be 3.93%. The City will have twenty-five years in which to amortize the additional cost
of these benefits. The 1988 rate is less than the 1987 rate which the City is currently paying
due to the new 25 year amortization period.
Because of the retirement plan improvements that your employees and the City will realize at
a small additional cost, we highly recommend that the City adopt the S.B. 505 provisions
described in the second paragraph. We have had a great deal of interest from our member
cities in these provisions. Should you have any questions regarding the study, please feel free
to contact our office.
Sincerely,
ary :Anderson
GWA/lc Assistant Director
Enclosures
TMRS UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY.
EXPLANATION OF PLANS
The primary purpose of Updated Service Credits (USC) and annuity increases is to allow
retirement plans in the Texas Municipal Retirement System (TMRS) to be more responsive to
inflation. The TMRS Act provides a member city with the opportunity to adopt USC and to
increase benefits to annuitants as often as every year; therefore, a member city can provide
regular protection against inflation in its retirement plan for both employees and annuitants.
The result of a city's adopting 100% USC is that the benefit credit that each member
employee has accrued for all service rendered to the city before the "study date" (one year
prior to the effective date) is calculated as if (1) the member's salary had always been equal to
the average monthly compensation paid to the member by the City during the three years
preceding the "study date," (2) deposits had always been made on that assumed salary at the
deposit rate in effect on the effective date of the adoption of USC and (3) the city had always
had the matching ratio in effect on the effective date of the adoption of USC. In other words,
a member's benefit credit is calculated on the basis of the higher wages the member has
recently received instead of on his actual career wages*, and in some instances, on a higher
deposit rate and a higher matching ratio than were actually in effect in the past. If the city
adopts USC of less than 100% - any multiple of 10% is allowable - the benefit credit for a
member will be less.
USC plans have been developed for your city based on the following procedures:
1. The first plan is based on the employee deposit rate and the city matching ratio in
effect on January 1, 1987, and maximizes benefit credits for the employees.
2. The second plan is the same as the first plan with the addition of the S.B. 505
options, which are the new "own-occupation" disability program, the 25-year
retirement eligibility provision, and the surviving spouse benefit for cities with a
vesting provision.
3) If your city has a city matching ratio other than 2/1 or an employee deposit rate
other than 7%, then a third plan is shown with a higher city matching ratio or a
higher employee deposit rate and with the S.B. 505 options.
4) If your city requested specific plans`(for example, plans including the adoption of
the Optional Benefits Package), then those plans are shown.
A city can also adopt special USC for eligible transfer employees. If the city adopts this
optional feature, the USC will be calculated as if all credited service of the employee in TMRS
had been performed with the city. An eligible transfer employee is an employee with at least
three years of service with the city who has other credited service in TMRS because of
previous employment in one or more other cities that participate in TMRS. The adoption of
this feature would provide such an employee total credits in TMRS equal to what they would
have been if all of the member's credited service had been with the city. -
* In addition, a member's actual deposits to TMRS, at some time in the past, may have
been based on less than his full salary because of a maximum salary on which deposits
could be made. The adoption of USC not only replaces career wages with recent wages
but also compensates for any deposits made on less than full salary.
73
The special USC for transfers may be adopted along with the adoption of regular USC but may
not be adopted by itself. The increase in the prior service contribution rate for the special
USC is shown separately in case the city decides not to adopt the special USC. Similar in
nature to the regular USC, a special USC will not change (except for 5% interest
accumulation) until the city again adopts the special USC feature; so it should be considered a
companion of the regular USC adoption.
A city can adopt increases in the annuities for retired employees or their beneficiaries which
are related to changes in the Consumer Price Index for all Urban Consumers (CPI-U) published
by the Bureau of Labor Statistics. The adoption of such increases does not set in motion a
series of automatic annual increases that are tied to future changes in the CPI-U. Rather the
increases are related to changes in the CPI-U during the period from December just preceding
the effective date of retirement to December 1986. In addition, each time the city wants to
put increases into effect, it must pass an ordinance.
The city specifies a percentage of the change in the CPI-U, which may be at least 10%, not
greater than 70%, and may be any multiple of 5%. In selecting the percentage, the city should
consider not only the cost of the increases but also the amounts of increase that would be
provided to each of the annuitants. The amount of increase with any selected percentage of
the CPI-U will vary for each annuitant, depending upon the date of retirement, the original
amount of the annuity, and the amount of any previous increases in the annuity.
It should be pointed out that it is the original annuity which is increased. Previously granted
increases, including those level percentage increases (not to exceed 50%) which may have been
adopted from 1976 through 1981, are recognized on an individual basis in determining the
amount of increase that a new adoption of annuity increases will provide. For example,
suppose a retiree originally received $100 per month. Since retirement the CPI-U has
increased 150%. Granting 70% of 150% would result in an increase of $105 (70% x 150% X
$100). However, if the city had previously adopted a 50% increase in 1978 resulting in an
increase of $50, then his current annuity would be $150. The calculated $105 increase would
be reduced by that previous $50 increase so that the new increase would be $55, and the new
total annuity would be $205.
Increases in annuities may not be adopted unless the city simultaneously adopts USC. Since
USC can be adopted as often as annually, increases in annuities can also be adopted annually.
The actuarial liability for the increases in annuities would be an addition to the unfunded
accrued liability for the city's retirement plan and would be amortized over the 25-year
funding period associated with the adoption of USC. The actuarial cost of funding the
increases in annuities is shown, therefore, as a contribution rate which would be added to the
prior service contribution rate of the USC plan which the city decides to adopt.
The best way to provide continuing protection against inflation for both employees and
annuitants is to adopt USC and annuity increases on a regular basis, for example, every year.
Yearly adoption not only will provide the best protection for benefits against inflation but also
will result in more stable retirement contribution rates over the years. The longer a city waits
between adoptions of USC and annuity increases, the more ground there is to make up against
inflation and the more its contribution rate will have to be increased.
7
UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY
1410 - CITY OF WYLIE EFFECTIVE DATE - JANUARY 1. 1988
I. UPDATED SERVICE CREDITS
PROPOSED PLANS
PRESENT PLAN 1** 2 3 4 5
DEPOSIT RATE 5.00% 5.00% 5.00% 5.00%
MATCHING RATIO 1.5/1 1.5/1 1.5/1 2.0/1
VESTING 10 YRS 10 YRS 10 YRS 10 YRS
S.B. 505 OPTIONS NO NO YES YES
UPDATED SERVICE CREDIT 100(87) 100% 100% 100%
CONTRIBUTION RATES 1987 1988 1988 1988 1988 1988 1988
NORMAL COST 2.79 2.11 2.11 2.21 2.95
PRIOR SERVICE 1.18 0.58 0.55 0.57 0.68
SPECIAL ADDITION* -- -- 0.01 0.01 0.02
RETIREMENT 3.97 2.69 2.67 2.79 3.65
SUPPLEMENTAL DEATH(A&R) 0.36 0.27 0.27 0.27 0.27
TOTAL RATE (%) 4.33 2.96 2.94 3.06 3.92
UNFUNDED ACCRUED LIABILITY(S) 135974 138895 142626 173009
Nlh AMORTIZATION PERIOD IN YEARS 24 25 25 25 25 25
NJA
II. ANNUITY INCREASES
PROPOSED PLANS L
A B C D E
PERCENTAGE OF CONSUMER PRICE INDEX (CPI-U) 70
ADDITION TO THE PRIOR SERVICE CONTRIBUTION RATE (%) 0.01
ADDITION TO THE UNFUNDED ACCRUED LIABILITY ($) 466
TO DETERMINE THE CITY'S CONTRIBUTION RATE UNDER VARIOUS COMBINATIONS OF UPDATED SERVICE CREDITS AND ANNUITY INCREASES -- ADD
THE TOTAL RATE (%) UNDER THE APPROPRIATE UPDATED SERVICE CREDIT PLAN TO THE PERCENTAGE RATE SHOWN UNDER THE VARIOUS ANNUITY
INCREASE PLANS.
*ADDITION TO PRIOR SERVICE CONTRIBUTION RATE FOR SPECIAL UPDATED SERVICE CREDITS FOR TRANSFERS. THERE WAS ONE ELIGIBLE
TRANSFER EMPLOYEE FOR THE CITY ON THE STUDY DATE.
**THE INCREASE IN THE AMORTIZATION PERIOD WOULD MORE THAN OFFSET THE INCREASE IN THE UNFUNDED ACCRUED LIABILITY; SO THE PRIOR
SERVICE RATE WOULD DECREASE.
TM RS-A(505)
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AFFECTING PARTICIPATION OF CITY
EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT
SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS
AND BENEFITS AUTHORIZED BY SECTIONS 64.202(f),
64.204, 64.405, 64.406 AND 64.410 OF TITLE 110B,
REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED
BY THE 70TH LEGISLATURE; AND PRESCRIBING THE
EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF , TEXAS:
Section 1. Pursuant to the provisions of Sections 64.202(f), 64.204, 64.405, 64.406, and
64.410 of Subtitle G of Title 110B, Revised Civil Statutes of Texas, 1925, as amended by the
70th Legislature of the State of Texas, Regular Session, which Subtitle shall herein be referred
to as the "TMRS Act," the City of , Texas, adopts the
following provisions affecting participation of its employees in the Texas Municipal
Retirement System (which retirement system shall herein be referred to as the "System"):
(a) Any employee of this City who is a member of the System is eligible to retire and
receive a service retirement annuity, if the member has at least 25 years of credited service
in that System performed for one or more municipalities that have participation dates after
September 1, 1987, or have adopted a like provision under Section 64.202(f) of the TMRS Act.
(b) If a "vested member," as that term is defined in Section 64.204(b) of the TMRS Act,
shall die before becoming eligible for service retirement and leaves surviving a lawful spouse
whom the member has designated as beneficiary entitled to payment of the member's
accumulated contributions in event of the member's death before retirement, the surviving
spouse may by written notice filed with the System elect to leave the accumulated deposits on
deposit with the System subject to the terms and conditions of said Section 64.204(b). If the
accumulated deposits have not been withdrawn before such time as the member, if living,
would have become entitled to service retirement, the surviving spouse may elect to receive,
in lieu of the accumulated deposits, an annuity payable monthly thereafter during the lifetime
of the surviving spouse in such amount as would have been payable had the member lived and
retired at that date under a joint and survivor annuity (Option 1) payable during the lifetime of
the member and continuing thereafter during the lifetime of the surviving spouse.
(c) At any time before payment of the first monthly benefit of an annuity, a surviving
spouse to whom subsection (b) applies may, upon written application filed with the System,
receive payment of the accumulated contributions standing to the account of the member in
lieu of any benefits otherwise payable under this section. In the event such a surviving spouse
shall die before payment of the first monthly benefit of an annuity allowed under this section,
the accumulated contributions credited to the account of the member shall be paid to the
estate of such spouse.
(d) The rights, credits and benefits hereinabove authorized shall be in addition to the
plan provisions heretofore adopted and in force at the effective date of this ordinance
pursuant to the TMRS Act.
(e) Any employee of this City who is a member of the System is eligible to retire and
receive a "standard occupational disability annuity" under Section 64.408 of the TMRS Act or
an "optional occupational disability retirement annuity" under Section 64.410 of the TMRS Act
upon making application therefor upon such form and in such manner as may be prescribed by
7'
TM RS-A(505)
Page 2.
the Board of Trustees of the System, provided that the System's medical board has certified to
said Board of Trustees: (1) that the member is physically or mentally disabled for further
performance of the duties of the member's employment; (2) that the disability is likely to be
permanent; and (3) that the member should be retired. Any annuity granted under this
subsection shall be subject to the provisions of Section 64.409 of the TMRS Act.
(f) The provisions relating to the occupational disability program as set forth in section
(e) above are in lieu of the disability program heretofore provided for under Sections 64.301 to
64.308 of the TMRS Act.
Section 2. This ordinance shall become effective on the first day of
, 19_, provided that it has previously been determined by the
Actuary for the System that all obligations of the City to the municipality accumulation fund,
including obligations hereby undertaken, can be funded by the City within its maximum
contribution rate and within its amortization period.
Passed and approved this the day of , 19_•
ATTEST: APPROVED:
City Secretary or Clerk Mayor
TM RS-C-T
(*.°'")
(Rev. 6-83)
��
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AUTHORIZING AND ALLOWING,
UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS"
IN SAID SYSTEM FOR SERVICE PERFORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM WHO
PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY
OF ; PROVIDING FOR
INCREASED PRIOR AND CURRENT SERVICE ANNUITIES
FOR RETIREES AND . BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN
EFFECTIVE DATE FOR SUCH ACTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
, TEXAS:
Section 1. Authorization of Updated Service Credits.
(a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 110B,
Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal
Retirement System who has current service credit or prior service credit in said System in
force and effect on the 1st day of January, 1988, by reason of service in the employment of
the City of , and on such date has at least 36 months of
credited service with said system, shall be and is hereby allowed "Updated Service Credit" (as
that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is
100% of the "base Updated Service Credit" of the member (calculated as provided in
subsection (c) of Section 63.402 of said title). The Updated Service Credit hereby allowed
shall replace any Updated Service Credit, prior service credit, special prior service credit, or
antecedent service credit previously authorized for part of the same service.
(b) On the terms and conditions set out in Section 63.601 of said title, any member of
the Texas Municipal Retirement System who is eligible for Updated Service Credits on the
basis of service with this City, and who has unforfeited credit for prior service and/or current
service with another participating municipality or municipalities by reason of previous
service, and was a contributing member on January 1, 1987, shall be credited with Updated
Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set
forth in said 63.601.
(c) In accordance with the provisions of subsection (d) of Section 63.401 of said title,
the deposits required to be made to the Texas Municipal Retirement System by employees of
the several participating departments on account of current service shall be calculated from
and after the date aforesaid on the full amount of such person's earnings as an employee of
the City.
Updated Service Credit with Transfers Ordinance (continued) Page 2.
Section 2. Increase in Retirement Annuities.
(a) On terms and conditions set out in Section 64.203 of Title 110B, Revised Civil
Statutes of Texas, 1925, as amended, the City of hereby
elects to allow and to provide for payment of the increases below stated in monthly benefits
payable by the Texas Municipal Retirement System to retired employees and to beneficiaries
of deceased employees of this City under current service annuities and prior service annuities
arising from service by such employees to this City. An annuity increased under this Section
replaces any annuity or increased annuity previously granted to the same person.
(b) The amount of annuity increase under this Section is computed as the sum of the
prior and current service annuities on the effective date of retirement of the person on whose
service the annuities are based, multiplied by 70% of the percentage change in Consumer
Price Index for All Urban Consumers, from December of the year immediately preceding the
effective date of the person's retirement to the December that is 13 months before the
effective date of this ordinance.
(c) An increase in an annuity that was reduced because of an option selection is
reducible in the same proportion and in the same manner that the original annuity was
reduced.
(d) If a computation hereunder does not result in an increase in the amount of an
annuity, the amount of the annuity will not be changed hereby.
(e) The amount by which an increase under this Section exceeds all previously granted
increases to an annuitant is an obligation of this City and of its account in the municipality
accumulation fund of the Texas Municipal Retirement System.
Section 3. Effective Date. Subject to approval by the Board of Trustees of Texas
Municipal Retirement System, the updated service credits and increases in retirement
annuities granted hereby shall be and become effective on the 1st day of January, 1988.
Passed and approved this the day of , 19 .
ATTEST: APPROVED:
City Secretary or Clerk Mayor