05-11-1993 (City Council) Agenda Packet AGENDA
WYLIE CITY COUNCIL
Wylie Municipal Complex
May 11, 1993
7:00 p.m.
Call to Order
Invocation - George Fournier, Southfork Baptist Church
Pledge of Allegiance
Oaths of Office - Jim Swartz, John Mondy, Ortie Messenger
Election of Mayor Pro-Tern
Consent Agenda
1 . Consider Approval of the Minutes of March 9, March 23,
April 13, and April 20
2. Consider Approval of an Ordinance Adopting the 1991
Uniform Mechanical Code
3. Consider Approval of an Ordinance Adopting the 1991
Uniform Housing Code
4. Consider Approval of an Ordinance Adopting the 1991 Code
of Abatement of Dangerous Buildings
Action Items
5. Discuss and Consider Negotiating Contract Terms for
Garbage Collection or Take Related Action
6. Hold Public Hearing and Consider Approval of an Ordinance
Establishing a Change in Zoning from Multi-family to
Agricultural on a Tract of Land Located off FM-1378
7. Discuss and Consider Approval of an Ordinance Disannexing
a Tract of Land Located on SH-78 Requested by Linda Bair
8. Discuss and Consider Approval of an Ordinance Disannexing
a Tract of Land Located at County Line Road Requested by
David and Patty Davis
9. Discuss and Consider Approval of a Contract with the Corp of
Engineers for Lake Patrol
10. Discuss and Consider Approval of a Resolution of Agreement
Regarding the Transfer of Property With NTMWD
11. Discuss and Consider Authorizing Payment to Jeske
Construction for Rustic Oaks Drainage Improvements
12. Discuss and Consider Authorizing Payment to JRJ Paving for
Curb and Gutter Improvements on Jackson and Oak Streets
13. Discuss and Consider Naming of Future Park Located at SH-
78 and Ballard Street
STAFF REPORTS
CITIZEN PARTICIPATION
EXECUTIVE SESSION
14. Adjourn into Executive Session Under Article 6252-17 V.A.C.S.
to Discuss Litigation: Southfork Mobile Home Park Agreement
15. Reconvene Into Regular Session and Take Any Necessary
Action as a Result of the Executive Session on Litigation:
Southfork Mobile Home Park Agreement
ADJOURNMENT
vilfated
Posted , P
1 93 5:00 .m.
Y
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols
DATE REFERENCE NO. SUBJECT
5/11/93 1 Minutes
SUMMARY OF SUBJECT:
Minutes will be provided to you under separate cover.
ALTERNATIVES:
ACTION REQUESTED:
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: Michael Schmidt DIRECTOR: Community Development
DATE REFERENCE NO. SUBJECT
5/4/93 n Adopt the 1991 Uniform Mechanical Code.
SUMMARY OF SUBJECT:
To repeal the 1988 Uniform Mechanical Code, Ordinance Number 88-32 and adopt the
1991 Uniform Mechanical Code.
ALTERNATIVES:
1. To approve the request.
2. To deny the request.
ACTION REQUESTED:
Approval to repeal Ordinance 88-32, Uniform Mechanical Code and adopt the 1991
Uniform Mechanical Code.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. x ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
x CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF x CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC x BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
IP
ITY MANAGER
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING SECTION 6.01
CHAPTER 3 OF THE WYLIE CITY CODE BY ADOPTING THE 1991 EDITION OF
THE UNIFORM MECHANICAL CODE; REGULATING THE INSTALLATION AND
MAINTENANCE OF HEATING, VENTILATING, COOLING AND REFRIGERATION
SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE
COLLECTION OF FEES THEREFORE; PROVIDING FOR PENALTIES FOR THE
VIOLATION THEREOF; REPEALING ORDINANCE NO. 88-32 AND ALL OTHER
CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has adopted the 1988 edition of the Uniform M- ert i�.. :"m
certain limited modifications, which currently appears in Section 6.01 Cha r , .f �i 'e
City Code; and,
WHEREAS, an updated version, known as the 1991 edition of the Uniform Mechanical
Code, (UMC) has been promulgated for use by municipalities and other entities; and,
WHEREAS, the building official for the City has reviewed the 1991 edition of the UMC and
recommends adoption of the same, in toto, without modification or amendment, by the City of
Wylie; and,
WHEREAS, the City Council has determined in its legislative capacity that adoption of such
code furthers the best interest of the City; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Section 6.01 of Chapter 3 of the Wylie City Code, be deleted in their entirety and
the following provision inserted therefore:
1
"Section 6.01 Uniform * echanical Code
"That certain documents, one of which are on file in the office of the City Secretary and
open for inspection, being marked and designated as:
`Uniform Mechanical Code', 1991 Edition, published by the International Conference of
Building Officials.'
be and the same hereby is adopted as the code of the City of Wylie fogulatinsgththe installa being tion
and maintenance of heating, ventilating, cooling and refrigerationsystems,
incorporated herein by reference and made a part hereof as if fully set out in this ordinance."
SECTION II
The penalties for violations of this ordinance, in additionCodethose set the forth in now UM MCC,oshar lll
be determined by the General Penalty for Violation
of hereafter amended, in section 1.06 of Chapter 1 of the Wylie City Code.
SECTION III
That Ordinance No. 88-32 is hereby repealed.
SECTION IV
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalidthereof,same er than the � or parts as
all not affect the validity
of this ordinance as a whole or any part or provision
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoptson by the City
in such cases.
Council and publication of its caption as the law and the City Charter provide
_.,. 2
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
11 th day of May, 1993.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
3
ORDINANCE NO. v O
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REGULATING THE
INSTALLATION AND MAINTENANCE OF HEATING, VENTALATING,
COOLING AND REFRIGERATION SYSTEMS, AS STATED IN THE UNIFORM
MECHANICAL CODE, 1988 EDITION; PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING 83-14
AND ALL PREVIOUS ORDINANCES AND CONFLICT HEREWITH;
CONTAINING A SEVERANCE CLAUSE; PROVIDING FOR PENALTIES FOR
VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas has
recently adopted the Uniform Building Code, 1988
Edition, and is desirous of adopting the companion
code related thereto , therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1. (A) That ordinance 83-14 is hereby repealed.
SECITON 2. That certain documents, one (1) copy of which is
on file in the office of the City Secretary and
being marked and designated as "Uniform
Mechanical Code", 1988 Edition, published by the
International Conference of Building Officials,
without appendices A, B, C, and D, for regulating
the installation and maintenance of heating,
ventilating, cooling and refrigeration systems
within the City limits of the City of Wylie, are
hereby referred to, adopted and made a part
hereof as if fully set out in this ordinance.
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 adjuged 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 3. 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
case provides.
DULY PAII9ED BY THE CITY CO NC L OF THE CITY OF WYLIE, TEXAS,
THIS f4/_ DAY OF ___ , 19�9
Chuck fir mble, Mayor
ATTEST:
Carolyn i .,ne v ity Secretary Vc%)
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: Michael Schmidt DIRECTOR: Community Development
DATE REFERENCE NO. SUBJECT
5/4/93 Adopt the 1991 Uniform Housing Code.
SUMMARY OF SUBJECT:
To repeal the 1988 Uniform Housing Code, Ordinance Number 88-29 and adopt the 1991
Uniform Housing Code.
ALTERNATIVES:
1. To approve the request.
2. To deny the request.
ACTION REQUESTED:
Approval to repeal Ordinance 88-29, Uniform Housing Code and adopt the 1991 Uniform
Housing Code.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. X ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
x CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF X CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
&ItI—pc
111°
ITY MANAGER
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE,TEXAS, AMENDING SECTION 7.01
AND 7.02 OF CHAPTER 3 OF THE WYLIE CITY CODE BY ADOPTING THE 1991
EDITION OF THE UNIFORM HOUSING CODE; REGULATING ALL BUILDINGS
AND STRUCTURES, DESIGNED OR INTENDED TO BE USED FOR HUMAN
HABITATION; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF;
REPEALING ORDINANCE NO. 88-29 AND ALL OTHER CONFLICTING
ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the City has adopted the 1988 edition of the Uniform Housing Code, with
certain limited modifications, which currently appears in Section 7.01 and 7.02 of Chapter 3,
of the Wylie City Code; and,
WHEREAS, an updated version, known as the 1991 edition of the Uniform Housing Code,
(UHC) has been promulgated for use by municipalities and other entities; and,
WHEREAS, the building official for the City has reviewed the 1991 edition of the UHC and
recommends adoption of the same, in toto, without modification or amendment, by the City of
Wylie; and,
WHEREAS, the City Council has determined in its legislative pact :RI, Ai • such
code furthers the best interest of the City; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Sections 7.01 and 7.02 of Chapter 3 of the Wylie City Code, be deleted in their
entirety and the following provision inserted therefore:
"Section 7.01 Uniform Housing Code
"That certain documents, one of which are on file in the office of the City Secretary and
open for inspection, being marked and designated as:
`Uniform Housing Code', 1991 Edition, published by the International Conference of
Building Officials.'
1
be and the same hereby is adopted as the code of the City of Wylie for regulating, all buildings
and structures designed or intended to be used for human habitation, the same being fully
incorporated herein by reference and made a part hereof as if fully set out in this ordinance."
SECTION II
The penalties for violations of this ordinance, in addition to those set forth in the UHC, shall
be determined by the General Penalty for Violation of Code, as the same now exists or is
hereafter amended, in section 1.06 of Chapter 1 of the Wylie City Code.
SECTION III
That Ordinance No. 88-29 is hereby repealed.
SECTION IV
Should any paragraph, sentence, sub-division, 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 or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
2
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
11th day of May, 1993.
By
John W. Akin
Mayor
A 1-TEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
3
ORDINANCE NO.
BEING AN ORDINANCE OF THE CITY OF WYLIE A HOME RULE
POLITICAL SUBDIVISION OF THE STATE OF TEXAS ADOPTING THE
UNIFORM HOUSING CODE 1988 EDITION PROVIDING 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:
BE IT ORDAINED BY BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS THAT
SECTION 1. The "Uniform Housing Code" 1988 Edition as
published by the International Conference of
Building Officials, one (1) copy of which is
on file in the City Secretaries office is
hereby referred to, adopted and made a part
hereof as if fully set out in this ordinance.
SECTION 2. That the following addition and amendment to
the Uniform Housing Code 1988 Edition is
hereby approved: in chapter 10 section 1001
(a) General an addition to be numbered (a2)
and to be read as follows;
(a2)
No person shall occupy as owner-occupant
or let or sublet to another for
occupancy any dwelling or dwelling unit
designed or intended to be used for the
purpose of living, sleeping, cooking, or
eating therein, nor shall any vacant
dwelling building be permitted to exist
which has been declared substandard by
the Building Official.
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 invalid,
the same shall not affect the validity of
this ordinance as whole or any part or
provision thereof other than the part so
decided to be invalid, illegal or
unconstitutional and shall not affect the
validity of the remaining portions of this
ordinance.
SECTION 5. PENALTY - Any person firm or corporation
violating any of the provisions or terms of
this ordinance shall be subject to a fine not
to exceed the sum of Five Hundred ($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 immediately from and after its passage
and publication of its caption, as the law in
such cases provides.
DULY PA SED Y THE CITY C NC L THE CITY OF WYLIE, TEXAS,
THIS _ VL_ DAY OF __ _,— 1988.
Chuck Trimble, Mayor
ATTEST: l,aom iFnr�,��
h
Carolyn nes ty Secretary t===i
SEAL
y FAQ tHT�EP�`\``��
iip
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: Michael Schmidt DIRECTOR: Community Development
DATE REFERENCE NO. SUBJECT
5/4/93 !r Adopt the 1991 Uniform Code of the Abatement of
'f Dangerous Building.
SUMMARY OF SUBJECT:
To repeal the 1988 Uniform Code of the Abatement of Dangerous Buildings, Ordinace
Number 88-28 and adopt the 1991 Uniform Code of the Abatement of Dangerous
Buildings.
ALTERNATIVES:
1. To approve the request.
2. To deny the request.
ACTION REQUESTED:
Approval to repeal Ordinance 88-28, Uniform Code of the Abatement of Dangerous
Buildings and adopt the 1991 Uniform Code of the Abatement of Dangerous Buildings.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL CIOVER/UNDER PROJECTIONS BY:
- OPERATIONS ❑ ONE-TIME ❑ • $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. - X ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF x CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC X BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO C COUNCIL
CITY MANAGER
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 3
OF CHAPTER 3 OF THE WYLIE CITY CODE BY ADOPTING THE 1991 EDITION
OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS;
REGULATING BUILDINGS AND STRUCTURES WHICH MAY ENDANGER THE
LIFE, LIMB, HEALTH, MORALS, PROPERTY, SAFETY OR WELFARE OF THE
GENERAL PUBLIC OR THEIR OCCUPANTS ; PROVIDING FOR PROCEDURES
FOR THE REMEDY AND ABATEMENT OF UNSAFE CONDITIONS; PROVIDING
FOR PENALTIES FOR THE VIOLATION THEREOF;REPEALING ORDINANCE NO.
88-28 AND ALL OTHER CONFLICTING ORDINANCES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has adopted the 1988 edition of the Uniform Code for the Abatement
of Dangerous Buildings which currently appears in Section 3.00 of Chapter 3, of the Wylie City
Code; and,
WHEREAS, an updated version, known as the 1991 edition of the Uniform Code for the
Abatement of Dangerous Buildings (UCADB) has been promulgated for use by municipalities
and other entities; and,
WHEREAS, the building official for the City has reviewed the 1991 edition of the UCADB
and recommends adoption of the same, in toto, with out amendment or modification, by the City
of Wylie; and,
WHEREAS, the City Council has determined in its legislative ca city that adoption of such
code furthers the best interest of the City; and, '`-
•
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE dITY OF
WYLIE, TEXAS, as follows:
SECTION I
That Section 3.00 of Chapter 3 of the Wylie City Code, be deleted in its entirety and the
following provision inserted therefore:
"That certain documents, one of which are on file in the office of the City Secretary and
open for inspection, being marked and designated as:
`Uniform Code For the Abatement of Dangerous Buildings', 1991 Edition, published by the
International Conference of Building Officials.'
1
be and the same hereby is adopted as the code of the City of Wylie for regulating abatement and
repair of buildings and structures which may endanger the life, limb, health, morals, property,
safety or welfare of the general public or their occupants, the same being fully incorporated
herein by reference and made a part hereof as if fully set out in this ordinance.
SECTION II
The penalties for violations of this ordinance, in addition to those set forth in the UCADB,
shall be determined by the General Penalty for Violation of Code, as the same now exists or is
hereafter amended, in section 1.06 of Chapter 1 of the Wylie City Code.
SECTION III
That Ordinance No. 88-28 is hereby repealed.
SECTION IV
Should any paragraph, sentence, sub-division, 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 or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
2
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
ball it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
11th day of May, 1993.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Defter
City Attorney
3
ORDINANCE NO
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REGULATING THE
ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR,
MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY,
EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL
BUILDINGS OR STRUCTURES IN THE CITY OF WYLIE, TEXAS;
PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES
THEREFORE; REPEALING ORDINANCES NO. 83-15, 84-10 AND 86-3 OF
THE CITY OF WYLIE, TEXAS AND ALL OTHER ORDINANCES AND PARTS
OR THE ORDINANCES IN CONFLICT THEREWITH; CONTAINING A
SEVERANCE CLAUSE; PROVIDING PENALTIES FOR VIOLATIONS; AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS THAT
SECTION 1. That Ordinance No. 83-15, 84-10, of the City
of Wylie hereby be repealed.
SECTION 2. That certain documents, one (1) copy of which
is on file in the office of the City
Secretary of the City of Wylie being marked
and designated as "Uniform Building Code,"
including appendix chapter 12 but, without
Appendix Chapters 1, 11, 23, 26, 32, 38, 49,
51, 53, 55, 57 and 70, 1988 Edition,
published by the International Conference of
Building Officials, be and the same is hereby
adopted as the code of the City of Wylie for
regulating the erection, construction,
enlargement, alteration,repair, moving,
removal, demolition, conversion, occupancy,
equipment, use, height, area and maintenance
of all buildings or structures in the City of
Wylie providing for issuance of permits and
collection of fees therefore; and each and
all of the regulations, provisions,
conditions and terms of such "Uniform
Building Code," 1988 Edition, and "Uniform
Building Code Standards," 1988 Edition,
published by the International Conference of
Building Officials, one of which is on file
in the office of the City Secretary are
hereby referred to, adopted and made a part
hereof as if fully set out in this ordinance.
SECTION 3. The Uniform Building Code 1988 Edition is
hereby amended by adding thereto in the
sections designated the following: in section
1707 a new paragraph (d) to read as follows;
(d) In order to abate the proliferation
of buildings subject to early and
premature deterioration and to reduce
fire hazards within this community, all
residential and commercial buildings
shall be constructed of masonry walls;
that is, exterior walls shall be at
least seventy-five percent covered with
masonry on vertical surfaces, excluding
windows, doors, and other normal
openings; or with materials with
equivalent fire-retardant and structural
qualities as approved by the Building
Inspector.
In section 2309 a new paragraph (c,d,e&f) to
read as follows;
(c) All wood studs shall be on a
maximum of 16 inch centers.
(d) All wood ceiling Joists shall have a
minimum nominal dimension of 2 inches by
6 inches and shall have maximum spacing
of 16 inches as centers.
(e) All wood hips and ridges shall be
constructed with a minimum nominal 2
inch by 8 inch material except when
formed by a truss.
(f) All wood shakes and shingles
installed on any structure shall be fire
retardant treated wood as defined in
Section 407 of the Uniform Building Code
1988 Addition.
SECTION 4. The "Uniform Code for the Abatement of
Dangerous Building" 1988 Edition, published
by the International Conference of Building
Officials one (1) copy of which is on file in
the City Secretary's office is hereby
adopted.
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 6. 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 whole or any part so
decided to be invalid, illegal or
unconstitutional and shall not affect the
validity of the remaining portions of this
ordinance.
SECTION 7. 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 (S500.00)
for each offense, and each day such violation
shall continue to exist shall constitute a
separate offense.
SECTION 8. PUBLICATION CLAUSE - This ordinance shall
take effect immediately from and after its
passage and publication of its caption, as
law in such cases provides.
DULY PA SE BY THE CITY ,OU CI L OF THE CITY OF WYLIE, TEXAS,
THIS _ _ DAY OF ,it9A8.
Luck Trig mb r---.
ATTESTi
Carolyn nes ty Secretary
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY• Finance Dept.- Purchasing Div. DIRECTOR• Brady Snellgrove
DATE REFERENCE NO. SUBJECT
5/7/93 BFI Proposal for Solid Waste Collection Contract
SUMMARY OF SUBJECT:
As a result of staff negotiations with representatives of Browning-Ferris,Inc.,
B.F.I. has submitted proposed rates for a new solid waste collection contract
which includes several modifications in the terms and conditions. The rates
are based on various levels of service for refuse collection and curbside
recycling. The following pages contain the BFI rate proposal, contract terms
and conditions and a summary of the modifications to the contract.
ALTERNATIVES:
1. Award a new two year contract to B.F.I. based on acceptance of one of
several alternate rate proposals and the modified terms and conditions.
2. Continue negotiations with B.F.I. for a more advantageous proposal.
3. Reject B.F.I. proposal and solicit competitive proposals from other
contractors.
ACTION REQUESTED:
Staff recognizes the importance of recycling and the fact that (a) citizen
participation is vital to the success of any curbside recycling program,
(b) reducing regular refuse collection to once a week is a definite incentive
to recycle and (c) twice weekly regular refuse collection offers no such
incentive.
Staff recommends that Council accept the proposal of Browning-Ferris,Inc.
for once a week regular collection and once a week recyclable collection
and enter into a two year contract under the agreed upon terms and conditions.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
X DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
MANAGER
06-May-93 CITY OF WYLIE
PROPOSAL BY BROWNING-FERRIS INC.
BFI City
RATE Rate(1)
Current Rate $7.43 $10.55
Proposal A:
Residential Garbage Collection 2 x Week $7.76 $9.31
Proposal B:
1. Residential Garbage 1 x Week
Residential Recycling 1 x Week(Bags) $8.05 $9.60
or with
Residential Recycling 1 x Week(Plastic Bins) $8.30 $9.85
2. Residential Garbage 2 x Week
Residential Recycling 1 x Week(Bags) $9.06 $10.61 *
or with
Residential Recycling 1 x Week(Plastic Bins) $9.31 $10.86
3. Residential Garbage 1 x Week With Polycart
Residential Recycling 1 x Week $9.55 $11.10
(5 Year Contract)
Notes:
1. The City rates include$1.55 per month for debt service on landfill closure.
2. All commercial and industrial rates remain the same to the customer.
3. All proposals with recycling assume Wednesday collection in plastic
bags of a color chosen by the City.
4. BFI will spend up to$3,000 per year for promotional and
educational costs toward curbside recycling.
5. Plastic bins for recycling costs an additional$0.25 per month.
* This amount was originally presented to Council as$11.39.
BFI SOLID WASTE PROPOSAL
SUMMARY OF CONTRACT MODIFICATIONS
Section 3.02, b) : Requires concrete pads for dumpsters, with stipulations
for placement and size of pads.
Section 4.03 : With reference to the contractor's observance of holidays,
requires refuse collection at least once per week.
Section 4.05 : Requires dumpsters at food service establishments to be
exchanged at least once per year.
Section 10.00 : Changes term of contract to two years with options for
a one year extension.
Section 13.02 : Allows for rate modifications based on increased disposal
costs and certain recyclable material legislation. Also
limits rate modification requests to once every 12 months.
Section 13.03 : Requires contractor to bill and collect for commercial
hand collect and shared dumpsters.
Section 19.00 : Allows contractor thirty days to remedy any breach in
contract performance prior to termination of contract
for cause.
Section 26.01 : Collection service for City facilities will be provided
at no charge.
Section 26.02 : In support of spring clean-up, contractor will provide
a minimum of ten 30 yard containers and provide free
collection and disposal, up to ten hauls.
GENERAL SPECIFICATIONS
1.00 DEFINITIONS
1.01 Bags
1.02 Bin
1.03 Bulky Waste
1.04 Bundle
1.05 City
1.06 Commercial and Industrial Refuse
1.07 Commercial and Industrial Unit
1.08 Construction Debris
1.09 Container
1. 10 Contractor
1. 11 Dead Animals
1. 12 Disposal Site
1. 13 Garbage
1. 14 Hazardous Waste
1. 15 Landfill
1. 16 Producer
1. 17 Refuse
1. 18 Residential Refuse
1. 19 Residential Unit
1.20 Rubbish
1.21 Contract Documents
1.22 Stable Matter
1.23 Commercial Hand Collect Unit
1.24 Recyclable Commodities
1.25 Recycling Containers
1.26 Polycart Containers
2 .00 SCOPE OF WORK
3.00 COLLECTION
3.01 Service Provided
3.02 Location of Bins, Containers, Bags and Bundles
for Collection
4.00 COLLECTION OPERATION
4.01 Hours of Operation
4 .02 Routes of Collection
4 .03 Holidays
4 .04 Complaints
4.05 Collection Equipment
4 .06 Office
4.07 Hauling
4 .08 Disposal
Page - 2
General Specifications
4.09 Notification
4. 10 Point of Contact
5.00 COMPLIANCE WITH LAWS
6.00 EFFECTIVE DATE
7 .00 NONDISCRIMINATION
8.00 INDEMNITY
9.00 LICENSE AND TAXES
10.00 TERM
11.00 INSURANCE
12 .00 BOND
12.01 Collection
12.02 Power of Attorney
13.00 BASIS AND METHOD OF PAYMENT
13.01 Collection
13.02 Modification to Rates
13.03 City to Act as Collector
13.04 Delinquent and Closed Accounts
13.05 Contractor Billing to City
14.00 TRANSFERABILITY OF CONTRACT
15.00 EXCLUSIVE CONTRACT
16.00 OWNERSHIP
Page - 3
General Specifications
17 .00 FRANCHISE FEE
18.00 BOOKS AND RECORDS
19.00 TERMINATION FOR CAUSE
20.00 NOTICES
21.00 APPROVAL
22.00 AMENDMENT
23.00 FORCE MAJEURE
24 .00 SEVERABILITY
25.00 ENTIRE CONTRACT
26.00 SPECIAL PROVISIONS
26.01 Bin Collection Service
26.02 Spring Clean-Up Campaign
Page - 4
General Specifications
1.00 DEFINITIONS
1.01 BAGS - Plastic sacks designed to store refuse with
sufficient wall strength to maintain physical integrity when
lifted by the top. Total weight of a bag and its contents
shall not exceed 35 pounds.
1 .02 BINS - Metal receptacle designed to be lifted and
emptied mechanically for use only at commercial and
industrial units.
1.03 BULKY WASTE - Stoves, refrigerators, water tanks,
washing machines, furniture and other waste materials other
than construction debris, dead animals, or hazardous waste
with weights or volumes greater than those allowed for bins
or containers, as the case may be.
1.04 BUNDLE - Tree, shrub and brush trimmings or
newspapers and magazines securely tied together forming an
easily handled package not exceeding three feet in length or
35 lbs. in weight.
1 .05 CITY - City of Wylie, Texas.
1.06 COMMERCIAL AND INDUSTRIAL REFUSE - All bulky waste
construction debris, garbage, rubbish generated by a
producer at a commercial and industrial unit.
1.07 COMMERCIAL AND INDUSTRIAL UNIT - All premises,
locations or entities, public or private, requiring refuse
collection within the corporate limits of the City not a
residential unit.
1.08 CONSTRUCTION DEBRIS - Waste building materials
resulting from construction, remodeling, repair or
demolition operations.
1.09 CONTAINER - A receptacle with a capacity of greater
than 20 gallons but less than 35 gallons constructed of
plastic, metal or fiberglass, having handles of adequate
strength for lifting, and having a tight fitting lid capable
of preventing entrance into the container by vectors. The
mouth of a container shall have a diameter greater than or
equal to that of the base. The weight of a container and
its contents shall not exceed 60 lbs.
1. 10 CONTRACTOR - The person, or partnership performing
refuse collection and disposal under the contract with the
City.
Page - 5
General Specifications
1. 11 DEAD ANIMALS - Animals or portions thereof equal
to or greater than 10 lbs. in weight that have expired from
any cause, except those slaughtered or killed for human use.
1 . 12 DISPOSAL SITE - A refuse depository including but
not limited to the landfills, transfer stations,
incinerators and waste processing/separation centers
licensed, permitted or approved by all governmental bodies
and agencies having jurisdiction and requiring such
licenses, permits or approvals to receive refuse and/or dead
animals for processing or final disposal.
1. 13 GARBAGE - Any and all dead animals of less than 10
lbs. in weight, except those slaughtered for human
consumption; every accumulation of waste (animal, vegetable
and/or other matter) that results from the preparation,
processing consumption, dealing in, handling, packing,
canning, storage transportation, decay or decomposition of
meats, fish, fowl, birds, fruits, grains or other animal or
vegetable matter (including, but not by way of limitation,
that used in tin cans and other food containers; and all
putrescible or easily decomposable waste animal or vegetable
matter which is likely to attract flies or rodents) ; except
(in all cases) any matter included in the definition of
bulky waste, construction debris, dead animals, hazardous
waste, or rubbish.
1. 14 HAZARDOUS WASTE - Any chemical, compound, mixture,
substance or article which is designated by the United
States Environments Protection Agency or appropriate agency
of the State to be "hazardous" as that term is defined by or
pursuant to Federal or State law.
1. 15 LANDFILL - A facility used by the contractor where
trash and garbage are disposed of by burying between layers
of earth.
1. 16 PRODUCER - An occupant of a commercial industrial
unit or a residential unit who generates refuse.
1. 17 REFUSE - This term shall refer to residential
refuse and bulky waste, construction debris generated at a
residential unit, unless the context otherwise requires, and
commercial and industrial refuse.
1. 18 RESIDENTIAL REFUSE - All garbage and rubbish
generated by a producer at a residential unit.
Page - 6
General Specifications
1. 19 RESIDENTIAL UNIT - A dwelling within the corporate
limits of the City occupied by a person or group of persons
comprising no more than four families. A residential unit
shall be deemed occupied when either water or domestic light
and power services are being supplied thereto. A
condominium dwelling, whether of single or multi-level
construction, consisting of four or less contiguous or
separate single-family dwelling units, shall or less
contiguous or separate single-family dwelling units, shall
be treated as a residential unit, except that each single-
family dwelling within any such residential unit shall be
billed separately as a residential unit.
1.20 RUBBISH - All waste wood, wood, wood products,
tree trimmings, grass cuttings, dead plants, weeds, leaves,
dead trees or branches thereof, chips, shavings, sawdust,
printed matter, paper, pasteboard, rags, straw, used and
discarded clothing, used and discarded shoes and boots,
combustible waste pulp and other products such as are used
for packaging, or wrapping crockery and glass, ashes,
cinders, flood sweeping, glass, mineral or metallic
substances, and any and all waste, construction debris, dead
animals, garbage, or hazardous waste.
1 .21 CONTRACT DOCUMENTS - The request for Proposals,
Instructions to Proponents, Contractor's Proposal, General
Specifications, the Agreement, Performance Bond and any
addenda or changes to the foregoing documents agreed to by
the City and the Contractor.
1.22 STABLE MATTER - All manure and other waste matter
normally accumulated in or about a stable, or any animal,
livestock or poultry enclosure, and resulting from the
keeping of animals, poultry, or livestock.
1.23 COMMERCIAL HAND COLLECT UNIT - A retail or light
commercial type of business which generates no more than 14
30 gal. bags or containers of refuse per week.
1.24 RECYCLABLE COMMODITIES - Material collected by the
contractor pursuant to the contract documents, which can be
sold in a spot or future market for processing and use or
reuse including, but no limited to, newsprint, plastic (pet
and hdpe) , glass containers, aluminum cans and metal (tin)
cans.
1.25 RECYCLING CONTAINER - A plastic receptacle,
designed for the purpose of curbside collection of recycling
Page - 7
General Specifications
commodities, with minimum capacity of 18 gallons.
Containers shall be of a type currently utilized in other
municipal recycling programs.
1.26 POLYCART CONTAINER - A pneumatic wheeled container,
having a minimum capacity of 95 gallons, designed for
automated or semi-automated solid waste collection systems;
(Otto Industries, Inc. - Model MSD-95 or equal) .
Construction shall be injection molded polyethylene.
2 .00 SCOPE OF WORK
The work under this contract shall consist of
the items contained in the proposal including all the
supervision, materials, equipment, labor and all other items
necessary to complete said work in accordance with the
contract documents.
3.00 COLLECTION
3.01 SERVICE PROVIDED
a) Contractor shall provide curb side collection
service for the collection of residential refuse to each
residential unit twice per week according to bid. Bags,
containers and bundles shall be placed at curb side by 7:00
A.M. on the designated collection day.
b) Contractor shall provide bin collection
service for the collection of commercial and industrial
refuse to commercial and industrial units according to
individual agreements. The contractor shall provide
commercial hand collection service for commercial hand
collect units as define in 1.23 of definitions.
c) Contractor shall provide transportation of
collected refuse to the landfill site for disposal, which
responsibility is solely that the landfill operator.
d) The contractor shall provide for the special
collection from residential units of bulky waste. Also, the
contractor may from time to time provide for the special
collection of dead animals and hazardous waste at commercial
and industrial units and residential units at its sole
discretion and upon such terms as contractor shall specify.
(See Para. 13.01 B)
Page - 8
General Specifications
e) The work under this Contract does not include
the collection and disposal of any increased volume
resulting from a flood, hurricane or similar or different
act of God over which the Contractor has no control. In the
event of such a flood, hurricane or other act of God, the
Contractor and the City will negotiate the payment to be
made to the Contractor. Further, if the City and the
Contractor reach such agreement, then the City shall grant
the Contractor variances in route and schedules as deemed
necessary by the Contractor.
3.02 LOCATION OF BINS, BAGS, CONTAINERS AND/OR
BUNDLES FOR COLLECTION
a) Each bag, container, and/or bundle shall be
placed at curb side for collection. Curb side refers to
that portion of right-of-way adjacent to paved or traveled
City roadways. Bags, containers, and/or bundles shall be
placed as close to the roadway as practicable without
interfering with or endangering the movement of vehicles or
pedestrians. When construction work is being performed in
the right-of-way, bags, containers, and/or bundles shall be
placed as close as practicable to an access point for the
collection vehicle. Contractor may decline to collect any
bag, container, and/or bundle not so placed.
b) Contractor shall provide bins for commercial
and industrial units whenever customers request their use.
Each bin shall be placed in an accessible, outside location
on a concrete pad according to individual agreement.
Contractor may decline to collect refuse in bins not so
placed. Placement of bin and size/construction of concrete
pad shall be such that the front wheels of collection
vehicles shall rest entirely on the pad while bin is lifted
and emptied.
4 .00 COLLECTION OPERATION
4 .01 HOURS OF OPERATION
a) Collection of residential refuse shall not
start before 7 :00 A.M. or continue after 7:00 P.M. on the
same day. Exceptions to collection hours shall be effected
only upon the mutual agreement of the City and contractor,
or when contractor reasonably determines that an exception
is necessary in order to complete collection on an existing
collection route due to unusual circumstances.
Page - 9
General Specifications
b) Collection of commercial and industrial refuse
shall take place according to individual agreement.
4 .02 ROUTES OF COLLECTION
a) Residential and Commercial collection routes
shall be established by the contractor. Contractor shall
submit a map designating the residential unit collection
routes to the City for their approval, which approval shall
not be unreasonably withheld. City shall publish at its
expense at least once during each calendar year a map of
such residential unit collection routes in a newspaper
published in the immediate area. The published map shall be
of such size to clearly show all pertinent information. The
contractor may from time to time propose to City for
approval changes in routes or days of collection affecting
residential units, which approval shall not be unreasonably
withheld. Upon City's approval of the approved changes,
City shall promptly give written or published notice to the
affected residential units.
b) Commercial and residential unit collection
routes shall be established by the contractor at its sole
discretion.
4 .03 HOLIDAYS - The following shall be holidays for
purposes of this contract:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Contractor may decide to observe any or all of the above-
mentioned holidays by suspension of collection services on
the holiday, but such decision in no manner relieves
contractor of his obligation to provide refuse collection
service at residential units at least once per week.
4 .04 COMPLAINTS - All complaints shall be made
directly to the contractor and shall be given prompt and
courteous attention. In the case of alleged missed
scheduled collections, the contractor shall investigate and,
if such allegations are verified, shall arrange for the
collection of the refuse not collected within 24 hours after
the complaint is received.
Page - 10
General Specifications
4 .05 COLLECTION EQUIPMENT - The contractor shall
provide an adequate number of vehicles for regular
collection services. All vehicles, bins and other equipment
shall be kept in good repair, appearance, and in a sanitary
condition at all times. Each vehicle shall have clearly
visible on each side the identity and telephone number of
the contractor. Bins for Food Service Establishments shall
be exchanged at least one time per year.
4 .06 OFFICE - The contractor shall maintain an office
of such other facilities through which he can be contacted.
It shall be equipped with sufficient telephones and shall
have a responsible person in charge from 8:00 A.M. to 5:00
P.M. Monday through Friday.
4 .07 HAULING - All refuse hauled by the contractor
shall be so contained, tied or enclosed that leaking,
spilling or blowing are reasonably prevented.
4 .08 DISPOSAL - All refuse collected for disposal by
the contractor shall be hauled to a landfill or other
disposal site.
4 .09 NOTIFICATION - The City shall notify all producers
at residential units about complaint procedures, rates,
regulations, and days for scheduled refuse collection.
4 . 10 POINT OF CONTACT - All dealings, contacts, etc. ,
between the contractor and the City shall be directed by the
contractor to the City Manager or Finance Director.
5.00 COMPLIANCE WITH LAW
The contractor shall conduct operations under
this contract in compliance with all applicable laws;
provided, however, that the general specifications shall
govern the obligations of the contractor where there exist
conflicting ordinances of the City on the subject.
6.00 EFFECTIVE DATE
This contract shall be effective upon the
execution of the contract and performance of such contract
shall begin on
7 .00 NONDISCRIMINATION
Page - 11
General Specifications
The contractor shall not discriminate against
any person because of race, sex, age, creed, color, religion
or national origin.
8.00 INDEMNITY
The contractor will indemnify, save harmless,
and exempt the City, its officers, agents, servants, and
employees from and against any and all suits, actions, legal
proceedings, claims, demands, damages, cost, expenses, and
attorneys' fees incident to any work done in the performance
of this contract arising out of a willful or negligent act
or omission of the contractor, its officers, agents,
servants and employees; provided, however, that the
contractor shall not be liable for any suits, actions, legal
proceedings, claims, demands, damages, costs, expenses and
attorneys' fees arising out of a willful or negligent act or
omission of the City, its officers, agents, servants and
employees.
9.00 LICENSES AND TAXES
The contractor shall obtain all licenses and
permits (other than the license and permit granted by the
contract) and promptly pay all taxes required by the City
and by the State.
10.00 TERM
The contract shall be for a two (2 ) year
period beginning upon the execution of the contract and
ending two (2) years thereafter. The initial term of this
contract may be extended for successive additional one ( 1)
year terms with the mutual agreement of both parties.
11.00 INSURANCE
The contractor shall at all times during the
contract maintain in full force and effect employer's
liability, worker's compensation, public liability and
property damage insurance, including contractual liability
coverage for the provisions of Section 8.00. All insurance
shall be by insurers and for policy limits acceptable to the
City; and, before commencement of work hereunder, the
contractor agrees to furnish the City
Page - 12
General Specifications
certificates of insurance or other evidence satisfactory to
the City to the effect that such insurance has been procured
and is in force. The certificates shall contain the
following express obligations:
"This is to certify that the policies of insurance
described herein have been issued to the insured
for whom this certificate is executed and are in
force at this time. In the event of cancellation
or material change in a policy affecting the cer-
tificate holder, thirty (30) days prior written
notice will be given the certificate holder" .
For the purpose of the contract, the contractor shall
carry the following types of insurance in at least the
limits specified below:
Coverage Limits of Liability
Worker's Compensation Statutory
Employer's Liability $500,000
Bodily Injury Liability $500,000 each occurrence
Except Automobile $1,000,000 each aggregate
Property Damage Liability $500,000 each occurrence
Except Automobile $500,000 aggregate
Automobile Bodily Injury $500,000 each person
Liability $1,000,000 each occurrence
Automobile Property Damage $500,000 each occurrence
Excess Umbrella Liability $5,000,0000 each occurrence
As an alternative to the above, contractor may insure the
above public liability and property coverage under a plan of
self insurance. Each insurance policy with respect to
public liability insurance may provide for a self-insured
retention of an amount of $250,000 with the result that the
contractor is its own insurer to the extent. The coverage
may be provided by the contractor's parent corporation. The
contractor agrees to furnish the City with certificates
satisfactory to the City evidencing such plan of self-
insurance.
12.00 BOND
Page - 13
General Specifications
12.01 PERFORMANCE BOND - The Contractor will be required
to furnish a corporate surety bond as security for the
performance of this Agreement. Said surety bond must be in
the amount of $100,000.00, with no pro rata reduction over
the term of the Agreement.
12 .02 POWER OF ATTORNEY - Attorneys-in-fact who sign
performance bonds or contract bonds must file with each bond
a certified and effectively dated copy of their Power of
Attorney.
13.00 BASIS AND METHOD OF PAYMENT
13.01 COLLECTION
a) For collection service required to be
performed pursuant to Sections 3.01 (a) - (b) , the charges
shall not exceed the rates as shown on EXHIBIT "A" , as
adjusted in accordance with Section 13.02 .
b) For special collection provided by the
Contractor pursuant to Section 3.01 (d) , the charges are to
be negotiated between the contractor and Producer prior to
collection. If agreement cannot be reached, the matter may
be submitted to the City for determination of a reasonable
fee.
13.02 MODIFICATION TO RATES - The Contractor may
adjust the rates contained herein during the term of this
Agreement to fully cover increases in costs resulting from
(i) changes in any laws, ordinances, regulatory
requirements or guidelines (including changes in
construction or interpretation thereof or change in the
manner or method of enforcement thereof) , or (ii) order,
judgment or directives of any court or governmental body of
intrumentality thereof; (iii) increased costs due to
changes in location of disposal facilities and/or increases
in disposal costs.
Should it's operation costs increase, the Contractor may
petition the City for rate adjustments no more than once
every 12 months during the term of this contract. Any
proposed rate adjustment shall be submitted to City as soon
as practicable and be accompanied by adequate cost
justification and documentation to allow for proper review
by the City, which petition shall not be unreasonably
denied. If recycling is included, and in the event any
future federal, state or local law reduces the amount of
recyclable material provided pursuant to this Contract for
Page - 14
General Specifications
collection and disposal, then Contractor and the City shall
mutually agree to modify the rates accordingly
13.03 CONTRACTOR TO ACT AS COLLECTOR - he Contractor
shall submit statements to and collect from all commercial
and industrial units for services provided by the contractor
pursuant to Section 3.01 (b) - (d) (including commercial-
hand collect and shared dumpsters) .
13.04 DELINQUENT AND CLOSED ACCOUNTS
a) The contractor shall discontinue refuse
collection service at any residential unit as set forth in a
written notice sent to it by the City. Upon further
notification by the City, the contractor shall resume refuse
collection on the next regularly scheduled collection day.
The City shall indemnify and hold the contractor harmless
from any claims, suits, damages, liabilities or expenses
(including but not limited to expenses of investigation and
attorney's fees) resulting from the contractor's
discontinuing service at any location at the direction of
the City.
b) The contractor shall have the right to
discontinue refuse collection service at any commercial and
industrial unit delinquent in its payments.
13.05 CONTRACTOR BILLINGS TO CITY - The contractor
shall bill the City for service rendered to residential
units within ten ( 10) days following the end of the month
and the City shall pay the contractor on or before the 15th
day following the end of such month. Such billing and
payment shall be based on the price rates and schedules set
-.* forth in the contract documents. The contractor shall be
entitled to payment for services rendered to residential
unit irrespective of whether or not the City collects from
the customer for such service.
14 .00 TRANSFERABILITY OF CONTRACT
No assignment of the contract or any right
accruing under this contract shall be made in whole or in
part by the contractor without the express written consent
of the City, which consent shall not be unreasonably
withheld. In the event of any assignment, the assignee
shall assume the liability of the contractor as though it
was the original contracting party.
Page - 15
General Specifications
15.00 EXCLUSIVE CONTRACT
The contractor shall have the sole and exclusive
franchise, license and privilege to provide refuse
collection and removal within the corporate limits of the
City. The contractor shall at all times have the right to
first refusal to the collection of dead animals and
hazardous waste from residential units and from commercial
and industrial units.
16.00 OWNERSHIP
Title to refuse and dead animals shall pass to
the contractor when placed in contractor's collection
vehicle, removed by contractor from a bin or container, or
removed by contractor from the customer's premises,
whichever last occurs.
17 .00 FRANCHISE FEE
The Contractor shall pay to the City fifteen
percent ( 15%) of all amounts received by the Contractor
for all Commercial and Industrial Refuse collection and
disposal services provided pursuant to this Contract. Such
payment shall be made to the City on or before the 25th day
of each month for amounts received by the Contractor for the
performance of services during the immediately preceding
month.
18.00 BOOKS AND RECORDS
The City and the Contractor agree to maintain
at their respective places of business adequate books and
records relating to the performance of their respective
duties under the provisions of this Contract and such books
and records shall be made available at any time during
business hours for inspection by the other party, at the
inspecting party's expense, upon reasonable advance notice;
provided, however, the City may not inspect or audit any
books and records pertaining to the cost of Contractor's
operations, except to the extent pertaining to increases in
the fees which may be charged by Contractor under Section
13.02 .
19.00 TERMINATION FOR CAUSE
Page - 16
General Specifications
If at any time the Contractor shall fail to
substantially perform terms, covenants or conditions herein
set forth, the City shall notify Contractor by registered or
certified mail addressed to the Contractor at the address
set forth herein of specific reasons in support of the
City's claim that the Contractor has substantially breached
the terms and provisions of this Contract. Contractor shall
be allowed a thirty (30) day period from the date of receipt
of said notice from City to remedy any failure to perform.
Should the City deem the failure to perform remedied, no
hearing shall be held.
Should Contractor fail to remedy its performance the City,
after a hearing described herein, may terminate this
Contract and the rights and privileges granted to Contractor
herein. A notice shall be sent to Contractor no earlier
than 10 days before a hearing is scheduled. The notice
shall specify the time and place of the hearing and shall
include the specific reasons in support of the City's claim
that the Contractor has substantially breached the terms and
provisions of this Contract. Should the City still deem
Contractor to have failed in its performance, said hearing
shall be conducted in public by the City Council of the City
and the Contractor shall be allowed to be present and shall
be given full opportunity to answer such claims as are set
out against it in the aforesaid notice. If, after said
public hearing, the City Council makes a finding that
Contractor has failed to provide adequate refuse collection
service for the City, the City Council may be two-thirds
vote terminate this Contract.
20.00 NOTICES
Any notice required or permitted to be delivered
hereunder shall be in writing and shall be deemed to be
delivered when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, addressed
to the respective party of the address set forth below:
if the City, at: P.O. Box 428
Wylie, Texas 75098
Attn: City Secretary
if the Contractor, at:
Page - 17
General. Specifications
or such other addresses as the parties may hereafter specify
by written notice delivered in accordance herewith.
21.00 APPROVAL
This Contract shall not be considered fully
executed nor binding on the City or the Contractor until the
same shall have been executed by the Contractor, the Mayor
and the City Secretary of the City.
22.00 AMENDMENT
All provisions of this Contract shall be
strictly complied with and conformed to by the Contractor,
and no amendment to this Contract shall be made except upon
the written consent of the parties. No amendment shall be
construed to release either party from any obligation under
this Contract except as specifically provided for in such
amendment.
23.00 FORCE MAJEURE
Notwithstanding anything herein to the contrary,
the Contractor shall not be liable for the failure to
perform its duties if such failure is caused by a
catastrophe, riot, war, governmental order or regulation,
strike, fire, accident, Act of God or other similar or
different contingency beyond the reasonable control of the
Contractor.
24 .00 SEVERABILITY
In the event that any provision or portion
thereof of any Contract Document shall be found to be
invalid or unenforceable, then such provision or portion
thereof shall be performed in accordance with the applicable
laws. The invalidity or unenforceability of any provision
or portion of this Contract shall not affect the validity or
enforceability of any other provision or portion of this
Contract.
25.00 ENTIRE CONTRACT
This Contract constitutes the entire understanding
Page - 18
General Specifications
between the parties hereto and cancels and supersedes all
prior negotiations, representation, understandings and
agreements, either written or oral, with respect to the
subject matter hereof.
26.00 SPECIAL PROVISIONS
26.01 Bin collection service for City of
Wylie facilities shall be provided at no charge.
26.02 Spring Clean-Up Campaign
a) Contractor shall provide a minimum
of ten ( 10) 30 cubic yard containers in multiple locations.
b) Contractor shall provide free
collection/disposal up to 10 hauls of 30 cubic yards.
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: Mi rhael Srhmi nit DIRECTOR: Community DevP1 npment
DATE REFERENCE NO. SUBJECT
5/5/93 Request from Harold Hurst:
Zone change from Multi-Family to Agriculture.
SUMMARY OF SUBJECT:
Hear a request from Harold Hurst to rezone a 6.48 acre tract of land from Multi-Family to
Agriculture. This tract of land is located in the J. D. McUlmurrey Survey, Abstract No.
629 situated in the City of Wylie.
Land situated around the above named tract of land is zoned Multi-Family and is vacant.
Mr. Hurst is requesting this zone change in order to put a "Ranchette" on this property.
This tract is so far north of the City that it will be unusable for years at its current
zoning classification.
ALTERNATIVES:
1. To approve the zone change.
2. To deny the zone change request
ACTION REQUESTED:
Approval of zone change from Multi-Family to Agriculture as recommened by the Planning
and Zoning Commission.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
x BACKGROUND MEMO x MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
X MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
_.m X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF X CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC x BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CI M AGER
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615 MAIN ST. 12141 27c.4314
GARLAND TEXAS 75040
March 23, 1993
LEGAL DESCRIPT 'N OF PROPERTY
FOR ZON G CASE
-. CITY OF IE TEXAS
A tract of land located in the J. D. Mc , 'REY SURVEY, ABSTRACT NO. 629 situated
in the City of Wylie, Collin County, Tex s and being out of a 39.532 acre tract
described in Substitute Trustee's Deed a filed in Volume 3525 at Page 022 of the
Deed Records of Collin County, Texas and being a part of a 32.557 acre tract de-
"" scribed in Deed to Kenneth W. Martin as ecorded in Volume 1169 at Page 656 of the
Deed Records of Collin County, Texas and a 32.555 acre tract described in Deed to
Kathleen M. Moore recorded in Volume 116. at Page 660 of the Collin County Deed Re-
- cords and being more particularly descried as follows:
CNCING at a stake set in the centerl ne of Shore Drive, a 60 foot street as
platted in Lakeway Business Park, an add tion to the City of St. Paul, Collin
County, Texas, said Lakeway Business Par filed in Cabinet G at Slide 11 of the
Map and Plat Records of Collin County, T xas; Thence South 00 deg. 05 min. 08 sec.
West with fence line and East line of a . .00 acre tract conveyed to Louis 'Gentry
by deed as recorded in Volume 1170 at pa e 596 of the Deed Records of Collin
County, Texas, 113.72 feet to stake for orner and Place of Beginning,, said point
also being the Southwest corner of a 4.8.0 acre tract and being on the North line
of said Abstract No. 629 and the South 1 ne of said Abstract No. 56;
THENCE South 00 deg. 05 min. 08 sec West with the West line of said 39.532
acre tract and old fence line 337.9; feet to iron stake set at fence corner
for corner;
THENCE North 88 deg. 33 min. 36 sec East with old tree line and South line
of said 39.532 acre tract 846.41 fe-t to iron stake for corner and being the
Southeast corner of said 39.532 acr- tract;
THENCE North 00 deg. 28 min. 06 sec West with proposed extension of Lavon
Parkway, 330.77 feet to point for •rner being the Southeast corner of said
4.880 acre tract, said point being •n the North line of Abstract No. 629 and
being the North line of City of Wy e and the South line of City of St. Paul
per City Boundary Agreement dated .ril 8, 1975, filed in Volume 953 at Page
762 of the Deed Records of Collin •aunty, Texas;
THENCE South 89 deg. 02 min. 30 se• West with City Boundary line end North
line of Abstract No. 629 and South ine of 4.880 acre tract, 843.06 #eet to
Place of Beginning and containing •.48 acres of land, more or less.
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THE PLANNING AND ZONING COMMISSION MET IN REGULAR SESSION AT 6:30
P.M. MONDAY, APRIL 19, 1992 IN THE COUNCIL CHAMBERS OF THE
MUNICIPAL COMPLEX. A QUORUM WAS PRESENT AND A NOTICE WAS POSTED IN
THE TIME AND MANNER REQUIRED BY LAW. THOSE MEMBERS PRESENT WERE:
VICE CHAIRMAN, BART PEDDICORD, BILLY MILLS, RICHARD ECKMAN, CLEO
ADAMS, BOBBY JENNINGS AND MIKE HAWKINS.
STAFF MEMBERS PRESENT WERE: BUILDING OFFICIAL, MICHAEL SCHMIDT;
AND SECRETARY, NITA MORROW,
MEMBERS ABSENT: CHAIRMAN, GILBERT WELCH, EXCUSED.
ITEM NO. 1: CONSIDER APPROVAL OF MINUTES OF THE APRIL 5, 1993
REGULAR BUSINESS MEETING: A MOTION WAS MADE BY BILLY MILLS AND
SECONDED BY BOBBY JENNING TO APPROVE THE MINUTES AS SUBMITTED WITH
NO CORRECTIONS OR ADDITIONS. MOTION CARRIED ALL IN FAVOR.
(6 VOTES)
ITEM NO. Z: HOLD A PUBLIC HEARING FOR A REQUEST FROM HAROLD HURST
TO REZONE FROM MULTI-FAMILY TO AGRICULTURE A TRACT OF LAND LOCATED
IN THE J. D. MC ULMURREY SURVEY. ABSTRACT NUMBER 629 SITUATED IN
THE CITY OF WYLIE: VICE CHAIRMAN PEDDICORD OPENED THE PUBLIC
HEARING: HAROLD HURST OF 21 CLIPPER CIRCLE, FRISCO, TEXAS,
POSSIBLE FUTURE OWNER OF THE PROPERTY IN QUESTION, SPOKE IN FAVOR
OF THE ZONE CHANGE. VICE CHAIRMAN PEDDICORD CLOSED THE PUBLIC
HEARING.
ITEM NO. 3: CONSIDER APPROVAL FOR A REQUEST FROM HAROLD HURST TO
REZONE FROM MULTI-FAMILY TO AGRICULTURE A TRACT OF LAND LOCATED IN
THE J. D. MC ULMURREY SURVEY, ABSTRACT NUMBER 629 SITUATED IN THE
CITY OF WYLIE: AFTER THE PLANNING AND ZONING MEMBERS DISCUSSED
THE ZONE CHANGE, A MOTION WAS MADE BY MIKE HAWKINS AND SECONDED BY
BOBBY JENNINGS TO APPROVE TO GO BEFORE THE CITY COUNCIL A TRACT OF
LAND LOCATED IN THE J. D. MC ULMURREY SURVEY, ABSTRACT NUMBER 629,
TO BE REZONED FROM MULTI-FAMILY TO AGRICULTURE. MOTION CARRIED,
ALL IN FAVOR. (6 VOTES)
ITEM NO. 4: CITIZEN PARTICIPATION: NONE.
ITEM NO. 5: ADJOURN: VICE CHAIRMAN PEDDICORD ADJOURNED THE
REGULAR BUSINESS MEETING. MOTION CARRIED, ALL IN FAVOR. (6 VOTES)
RESPECTFULLY SUBMITTED:
Bart Peddicord, Vice Chairman Nita Morrow, Secretary
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING
CLASSIFICATION A 6.48 ACRE TRACT IN THE J.D. McULMURREY SURVEY,
ABSTRACT NO. 629, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS,
GENERALLY LOCATED ADJACENT TO THE NORTH OF NEWPORT HARBOR
SUBDIVISION IN THE EXTREME NORTHWEST CORNER OF THE CORPORATE
LIMITS OF THE CITY OF WYLIE, FROM MULTI-FAMILY "MF" TO
AGRICULTURAL"A";AMENDING THE COMPREHENSIVE ZONING ORDINANCE,
BY AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE
91-13), AND ORDINANCE, AND REPEALING ALL CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the zoning of the property herein described was established as "MF"
Multifamily by virtue of Ordinance 85-80 passed and adopted on November 12, 1985; and,
WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of
July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Multi-family zoning of the
subject property, which it now enjoys; and,
WHEREAS, the owners of the property have properly filed a request with the City to change
the zoning classification from "MF" Multi-family to "A"; and,
WHEREAS, the Planning and Zoning Commission, after first having given all requisite
notices, by publication and otherwise, and conducting all requisite hearings thereon, has
recommended to the City Council that the request for change in zoning classification be granted;
and,
WHEREAS, the City Council has heretofore conducted a public hearing on the proposed
changed and voted in open meeting to approve the same;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the
Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the
same currently exists, so as to change the zoning classification on the property described on the
attached Exhibit A (which is fully incorporated herein by reference) from "MF" Multi-family
District to "A" Agricultural District.
SECTION II
That the property herein described shall be used only in the manner and for the purposes
authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended.
SECTION III
Any person violating the provisions of this ordinance, or any part hereof, shall be guilty
commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of
the Zoning Ordinance, as the same now exists or is hereafter amended.
SECTION IV
Should any paragraph, sentence, sub-division, 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 or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith, specifically including
without limitation that portion of Ordinance 85-80 which established the zoning as hereinabove
referenced, are hereby repealed to the extent of any such conflict or inconsistency and all other
provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
11th day of May, 1993.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
City of Wylie
AGENDA COMMUNICATION
SUBMITTEDBY: LEGAL DEPARTMENT DIRECT•R: STEVEN P. DEITER
.tea_
DATE REFERENCE NO. SUBJECT
5-5-93 7 DISANNEXATION OF BAIR PROPERTY - S . HWY 78
- SUMMARY OF SUBJECT:
THE BAIR'S PROPERTY IS ON S . HWY 78 AND WAS INVOLUNTARILY ANNEXED INTO THE
CITY IN MAY OF 1986 . THE CITY HAS NOT PROVIDED SEWER AND WATER SERVICES TO
w THE PROPERTY IN 7 YEARS FOLLOWING THE ANNEXATION .
BAIRS HAVE REQUESTED THAT THE PROPERTY BE DISANNEXED FOR NON-PROVIS'ION OF
x- SERVICES, BUT CANNOT FORCE THE DISANNEXATION AS THEY ARE NOT RESIDENTS OF
THE CITY AND DO NOT HAVE STANDING TO FILE A PETITION FOR DISANNEXAATION .
THE COUNCIL MAY GRANT THE ANNEXATION REQUEST IF IT SO DESIRES WITHOUT PETITION
NOTICE OR HEARING UNDER A PROVISION OF THE LOCAL GOVERNMENT(ODE
ALTERNATIVES:
1) PASS ORDINANCE DISANNEXING THE APPROXIMATELY THREE ACRES FROM THE
CITY
2) DECLINE REQUEST FOR DISANNEXATION BY VOTE OF COUNCIL (NO ORDINANCE
NECESSARY)
ACTION REQUESTED:
AS NOTED IN THE ATTACHED MEMORANDUM THE ACTION TO BE TAKEN WILL BE
DETERMINED BY THE COUNCIL/THE ONLY REQUEST IS THAT COUNCIL TAKE ACTION TO
EITHER GRANT THE REQUEST BY PASSAGE OF THE DISANNEXING ORDINANCE OR DENYING
THE REQUEST BY MAJORITY VOTE OF THE COUNCIL
,7
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS 0 ONE-TIME 0 • S
CAPITAL 0 RECURRING 0 OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
N. d
. SUPPORTING DOCUMENTS:
x x x x BACKGROUND MEMO MINUTES LETTER
C.I.P. XX ORDINANCE/RESOLUTION OTHER
BUDGET WYUE CODE OTHER
xX MAP. PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
_ CITY MANAGER DIRECTOR OF PARKS/REC. X X CITY SECRETARY
DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF — CITY ATTORNEY PUBUC WORKS SUPR.
FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISS N TO CITY COUNCIL
MANAGER
MEMORANDUM
TO: City Council
FROM: Steve Deer
I
SUBJECT: Disannexation of B. Property - S. Hwy 78
DATE: May 3, 1993
The Council has previously received a request, in the form of a personal appearance of
Mrs. Bair at the February 23, 1993 Council meeting, that her property be disannexed from the
City. In following up on her request I found that they could not force the City to disannex them
because they were not residents of the City. However the City could grant the request for
disannexation if it so desired (see attached March 9, 1993 Memo for further background).
I have received several requests from Mrs. Bair to have the Council take action on her
request for disannexation and have advised the Council of the requests. She has also called the
Mayor with her request to be heard and the Mayor, in response, has suggested to me that the
matter be placed on an agenda for Council's consideration.
I am forwarding herewith an Ordinance which would grant the disannexation request.
My submitting the ordinance is not a suggestion or recommendation that the Council should pass
the same and disannex the property. Whether the request should be granted and the
disannexation ordinance passed is within the sound discretion of the Council. I would suggest
that the issue turns on policy considerations rather than legal ones, as there is no question as to
the legality of granting or denying the request - either is perfectly lawful.
I have prepared the ordinance so that the Council could take action to grant the request
when it is considered, if in fact that is what the Council determines is the proper action to take.
On the other hand if the Council determines that the proper action is to deny the request no
Ordinance is necessary just a vote of the Council.
Should any of you require any further information or follow up on my part please advise.
cc: Steve Norwood
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING LOT 13 OF
R.D. NEWMAN SURVEY, ABSTRACT NO. 660, COLLIN COUNTY, TEXAS AND
CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE
ACCORDINGLY; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City annexed, on an involuntary basis the following described property,
to wit:
Lot 13 of R.D. Newman Survey, Abstract No. 660, Collin County,
Texas (herein referred to as the subject property)
on or about the 13th day of May, 1986 by virtue of Ordinance No. 86-50, which was duly
passed and adopted on said date; and,
WHEREAS, the subject property has remained in the City from and after its annexation
thereto, but the City has failed to provide municipal water and sewer services to the subject
property in the seven years following its annexation and such property continues to be without
such services as of this date; and,
WHEREAS, Robert Bair and Linda Bair (Owners), owners of the subject property, have
requested that the same be disannexed from the City of Wylie due to the City's failure to provide
the municipal services as aforesaid; and,
WHEREAS, the Owners are not registered voters of the City of Wylie and therefore do not
have standing to petition the City, and force disannexation of the subject property, pursuant to
Section 43.141 of the Texas Local Government Code (LGC); and,
WHEREAS, the City Council fmds that the subject property meets the qualifications of
Section 43.145 of the LGC in the following particulars:
a. The City has a population of 4,000 or more; and,
b. The City and the subject property are located in Collin County which has a population
of more than 205,000; and,
c. The subject property is composed of at least three contiguous acres that are
unimproved and adjoining municipal boundaries;
and therefore may be discontinued as a part of the City, pursuant to said Section 143.145; and,
1
WHEREAS, the City Council has further determined that the interests of the City and its
citizens would be best served by disannexation of the subject tract;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the subject property, as hereinabove described, and designated on the plat map
attached hereto as Exhibit A, should be, and the same hereby is, disannexed from the corporate
limits of the City of Wylie, and the City's boundaries are contracted accordingly.
SECTION II
That upon adoption of this ordinance, the City Council shall enter in the minutes of the
City and Order discontinuing the area.
SECTION III
That it is the intent of this ordinance to disannex all of the aforesaid Lot 13, as the same
currently exists, and in the event the said Lot 13 has different dimensions this date that when
annexed this Ordinance shall be effective as to that property currently described as Lot 13.
SECTION IV
Should any paragraph, sentence, sub-division, 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 or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
2
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith, specifically including without limitation Ordinance No. 86-50 and the
territory annexed thereby, shall be unaffected by the provisions hereof except as to the subject
property as herein identified.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
11 th day of May, 1993.
By
John W. Akin
Mayor
ATTEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
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-4 I:
MEMORANDUM
TO: City Council ANVIIIPP
FROM: Steve Deiter Agi
SUBJECT: Disannexation o- Bair Property - S. Hwy 78
DATE: March 9, 1993
Linda Bair of 406 Rustic Circle, Richardson, Texas, addressed the Council at its last
meeting requesting that her property (which is adjacent to the Lott property that was recently
disannexed) be disannexed for failure to provide services.
Her property is indicated as Lot 13 on the attached map. For reference_purposes the Lott
property was Lot 14.
I spoke with Mrs. Bair following the meeting and assured her that I would follow upon
her request by preparing the appropriate paper work. In so doing I assumed her case would be
similar to that of the Lott's and the current one involving the Parker road residents. That is, she
could publish notice of the disannexation (on the property and in the paper), file a petition and
affidavits of publication with the City, all pursuant to Section 43.141 of the Local Government
Code.
Section 43.141 governs procedures for disannexation as a matter of right, when the City
annexed the property on an involuntary basis and then fails to provide water and sewer services.
The section has a requirement that anyone filing a petition for disannexation be a registered voter
of the City. As noted above the property owner resides in Richardson and cannot be a registered
voter of Wylie, consequently cannot properly file a petition for disannexation. Practically
speaking this means that they could not force the City to disannex them.
On the other hand I am of the opinion that the City could grant disannexation if it so
desires. Such disannexation could be done under the City's general power, as exercised through
the City Council, to disannex property from the City. However, there is a specific disannexation
statute, Section 43.145, which would apply and serve as a mechanism to accomplish
disannexation. I have attached a copy of the statute for your information and review.
The bottom line is that the request is one in which the Council may properly grant, but
is not required to. Therefore I am soliciting direction from the Council as to what, if any,
further action you require to take on the request.
cc: Steve Norwood
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: STEVEN P . DEITER
DATE REFERENCE NO. SUBJECT is
5-6-93 57 DISANNEXATION OF DAVIS PROPERTY (VINSON RD)
w SUMMARY OF SUBJECT:
DAVIS ' RECENTLY PURCHASED A TEN ACRE WHICH IS LOCOCATED ACROSS THE ROAD
TO THE NORTH OF THE LAKE RAY HABBARD MHP . THEY HAVE REQUESTED DISANNEXATION
DUE TO THE CITY ' S NON-PROVISION OF MUNICIPAL SERVICES . SINCE THEY DO NOT
RESIDE ON THE SUBJECT TRACT THEY CANNOT FORCE THE DISANNEXATION.
THE COUNCIL MAY GRANT THE DISANNEXATION REQUEST IF IT DESIRES TO DO SO
UNDER THE PROVISIONS OF SECTION 43 . 145 OF THE LGC . THIS SECTION DOES NOT
REQUIRE THE FAILURE TO PROVIDE SERVICES AS A PREREQUISITE TO DISANNEX.ATION.
ALTERNATIVES:
A) PASS ORDINANCE DISANNEXING THE SUBJECT TRACT FROM THE CITY
B) . DECLINE REQUEST FOR DISANNEXATION BY VOTE OF COUNCIL (NO ORDINANCE
NECESSARY)
ACTION REQUESTED:
•
ACTION TO BE TAKEN IS POLICY MATTER WHICH MUST BE DETERMINED BY COUNCIL,
THEREFORE NO RECOMMENDATION, AS TO WHICH ACTION SHOULD BE TAKEN, IS MADE.
EITHER ACTION IS FULLY PERMISSABLE AND LAWFUL .
° REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S k
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ S
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
xxx BACKGROUND MEMO MINUTES LETTER
C.I.P. XXX ORDINANCE/RgRQkW IAA OTHER
BUDGET WYLIE CODE OTHER
XXX MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
XX CITY MANAGER DIRECTOR OF PARKS/REC. X X X CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF xx CITY ATTORNEY PUBUC WORKS SUPR.
FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Steve Deiter ���9pr
SUBJECT: Disannexation of D s Property
DATE: May 5, 1993
At the April 13, 1993 council meeting David Davis came before the Council to request
disannexation of his land, located across the road north from Lake Ray Hubbard MHP. As the
matter was brought up in the public participation portion of the meeting no action was taken.
The tract which they are requesting disannexation for is approximately 10 unimproved
acres and was brought into the City on the request the then owner in 1985. The City has not
provided municipal services to the area (note that the area is within Eastfork WSC jurisdiction
for water and further note existing City sewer line to MHP across road) and the property could
be forcibly disannexed from the City if a majority of the qualified voters of living on the land
properly petitioned the City. However, in this case no resides on the land in question and
therefore a petition to force the disannexation cannot be properly filed.
This being the case the situation becomes one that is similar to that of the Bair property
which Council will be considering for disannexation on May 11, 1993. That is, it is a situation
where the owner cannot force the disannexation but the Council may grant the request if it so
desires.
On the chance the Council desires to disannex the property I have prepared an ordinance
(copy attached) which when passed would accomplish the disannexation. The ordinance makes
the findings that make the land eligible for disannexation under Section 43.145 of the Local
Government Code. As with the Bair issue I am not making a recommendation as to what action
should be taken but stating what possible actions would be proper.
No prior hearings, notices, or petitions are necessary for this type of disannexation.
Therefore the Council may take decisive action on the matter at the May 11 meeting. Or if you
desire delay action for further consideration.
Should any of you require further information or background on this matter please advise.
cc: Steve Norwood
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING A TRACT
IN THE J.D. SHELBY SURVEY, ABSTRACT NO. 819 AND N.A. ATTERBURY
SURVEY, ABSTRACT NO. 1763, IN COLLIN, DALLAS AND ROCKWALL
COUNTIES, TEXAS, CONTAINING APPROXIMATELY 10.038 ACRES, AND
CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE
ACCORDINGLY; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City annexed, on the request of the then owner of the property, the
following described property, to wit:
A tract of land consisting of 10.038 acres lying and situated in the j.c. shelby survey,
Abstract No. 819 and the N.A. Atterbury survey, Abstract No. 1763, in Collin, Dallas
and Rockwall Counties, in Texas being mores specifically described on the attached
Exhibit A which is fully incorporated herein by reference
on or about the 10th day of September, 1985 by virtue of Ordinance No. 85-52, which was duly
passed and adopted on said date; and,
WHEREAS, the subject property has remained in the City from and after its annexation
thereto, but the City has failed to provide municipal water and sewer services to the subject
property in the seven years following its annexation and such property continues to be without
such services as of this date; and,
WHEREAS, David Davis and Patricia Davis (Owners), owners of the subject property, have
requested that the same be disannexed from the City of Wylie due to the City's failure to provide
the municipal services as aforesaid; and,
WHEREAS, the Owners do not reside on such property and therefore do not have standing
to petition the City, and force disannexation of the subject property, pursuant to Section 43.141
of the Texas Local Government Code (LGC); and,
WHEREAS, the City Council finds that the subject property meets the qualifications of
Section 43.145 of the LGC in the following particulars:
a. The City has a population of 4,000 or more; and,
b. The City is located in Collin County which has a population of more than 205,000;
and,
1
c. The subject property is composed of at least three contiguous acres that are
unimproved and adjoining municipal boundaries;
and therefore may be discontinued as a part of the City, pursuant to said Section 143.145; and,
WHEREAS, the City Council has further determined that the interests of the City and its
citizens would be best served by disannexation of the subject tract;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the subject property, as hereinabove described, and designated on the plat map
attached hereto as Exhibit A, should be, and the same hereby is, disannexed from the corporate
limits of the City of Wylie, and the City's boundaries are contracted accordingly.
SECTION II
That upon adoption of this ordinance, the City Council shall enter in the minutes of the
City and Order discontinuing the area.
SECTION III
Should any paragraph, sentence, sub-division, 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 or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
2
in conflict herewith, specifically including without limitation Ordinance No. 885-52 and the
territory annexed thereby, shall be unaffected by the provisions hereof except as to the subject
property as herein identified.
SECTION VII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
11th day of May, 1993.
By
John W. Akin
Mayor
A[TEST:
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
3
E.
xtilbl-k- tk 40 0TJi..c c ' Gts -
pe 2
SURVEY PLAT
TO ALL PARTIES INTERESTED IN PREMISES SURVEYED:
This is to certify that I have. this date, made a careful and accurate survey on the ground o-
property located on Vinson Road in the Counties of Dallas. Rockwall and Collin, Texas, out of
the J. D. SHELBY SURVEY. ABSTRACT NO. 819 end N. A. ATTERBURY SURVEY. ABSTRACT NO. 1763 and
being known an s 10.00 acre tract out of a 78.2 acre tract conveyed to Russell Addington by
Paul Addington and Alice Addington by deed of record in Volume 420. Page 135. Collin County
Deed Records, Volume 3400, Page 74, Dallas County Deed Records and Volume 46. Page 592. Rock-
wall County Deed Records, said 10 acres being described se recorded in Exhibit "A". filed in
Volume 82076 at Page 0013 of Deed Records of Dallas County, Texas. and in Volume 1513 at Page
- 792 of Deed Records of Collin County, Texas and being more particularly described as follows:
COMMENCING at a highway marker located at the intersection of the East Right-of-Way line of
Farm Road 544 and the Northeast Right-of-Way line of Vinson Road Thence South 42 deg.
58 min. East with Northeast line of Vinson Road 80.7 feet to a highway marker for corner;
Thence South 45 deg. 52 min. East with the Northeast line of Vinson Road 1588.1 feet to en
iron stake for corner and to the Place of Beginning;
THENCE North 00 deg. 57 min. East with the small tracts 1984.56 feet to an iron stake
located in the drainage ditch for corner;
THENCE meandering with said drainage ditch as follows:
1. South 28 deg. 08 min. East 42.50 feet to a point for corner;
99,4" 2. South 30 deg. 08 min. Fast 383,00 feet to a point for corner;
3. South 73 deg. 10 min. East 316.40 feet to a point for corner;
4. South 08 deg. 30 sin. 37 sec. East 99.54 feet to a stake for corner
located in old fence line;
THENCE Souta 8S der. 48 min. 29 sec. West with said old fence line 335,92 feet to an iron
stake for turner;
THENCE South 00 deg. 57 min. West crossing the survey line between Collin County end
Rockwall County, 1612.27 feet to an iron stake set in said Northeast R.O.W. of Vinson
Road for corner;
THENCE North 45 deg. 58 min. 51 sec. West with said R.O.W. line of Vinson Road 278.60
"" feet to Place of Beginning and containing 10.038 acres of land, more or less. -
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City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: Harvey M_ Hightower DIRECTOR: Harvey M. HOltower
DATE REFERENCE NO. SUBJECT
5/7/93 `7 Agreement for Law Enforcement Services at Lake Lavon
SUMMARY OF SUBJECT:
Contract between the City of Wylie and the U.S. Army Corps of Engineers for Law Enforcement
Services at Lake Lavon from May 23 - Sept. 6, 1993.
ALTERNATIVES:
Contract Collin County Sheriff's Office for Law Enforcement Services.
ACTION REQUESTED:
Authorization for City Manager to sign Contract to enter the City of Wylie into a contract
with the U.S. Corps of Engineers to provide Law Enforcement Services at Lake Lavon between
the above dates.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
Reimbursement by the U.S. Corps of Engineers.
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ - OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION X OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
X CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
X DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
x POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
C MANAGER
CITY OF WYLIE POLICE DEPARTMENT
COST BREAKDOWN - LAVON LAKE PATROL CONTRACT
1993
Labor Breakdown (Based on 1150 hours)
Salary
1159 X 18.89 (Hourly Rate)* $21,893.51
FICA and Medicare SS
.0765 X 21,723.50 1,674.85
Insurance (Police Officer's Liability)
549.00 X 5 Months 2,745.00
T. M. R. S.
.0408 X 21,723.50 893.25
TOTAL LABOR COST 27,206.61
Auto Expense
Vehicle Allowance
10,000 miles X .28 per mile 2,800.00
Fuel Allowance
10,000 miles X .95 per gal. 950.00
Equipment
Oil, Vehicle Service and Repair
at days X 110.00 per day 1,320.00
TOTAL AUTO EXPENSE 5,070.00
Total Contract Cost
Subtotal 32,276.61
Overhead Cost
Annualized at 1.36 X 1150 hours 1,564.00
(Please see Appendix "A")
GRAND TOTAL $33,840.61
*Footnote:
1. The average hourly overtime rate for police officers has increased due to a salary
market survey adjustment and a 3% merit raise.
APPENDIX A
BREAKDOWN OF OVERHEAD COST
Additional Jail Operating Expense
(Janitorial cleaning, maintenance; no longer
contractual labor but hourly)
Six(6)hours per month X 14.58 (O/T)X 5 $437.40
Additional Workmen's Compensation for Police
$4,000 premium X .4168 1,667.00
Secretarial Cost- Reports
9.00 X 1.50 X 20 hours 180.00
Supervisor's Cost at 1 hour per week
21.00 per hour X 20 hours 420.00
Garage Overhead/Emergency Repair Labor
18.27 (O/T)X 1.50 X 5 hours 137.05
TOTAL OVERHEAD COSTS $2,841.45
! II
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1.CONTRACT ID CODE PAGE OF PAGES
1 f 10
2.AMENDMENT/MODIFICATION NO. 3.EFFECTIVE DATE 4.REQUISITION/PURCHASE REO.NO. 5.PROJECT NO.(If applicable)
P00007 05/28/93 DACW63-86-H-0038
6.ISSUED BY CODE DACW63 7.ADMINISTERED BY(If other than Item 6) CODE
US ARMY ENGINEER DISTRICT, FTW
P 0 BOX 17300
819 TAYLOR ST
FT. WORTH, TX 76102-0300
ALVIN J ALBRECHT C53 (817)334-4408 JOAN 0 LO RE C52 (817)334-2783
8.NAME AND ADDRESS OF CONTRACTOR(No.,street,county,State and ZIP Code) Vendor ID: 00024680 (X) 9A.AMENDMENT OF SOLICITATION NO.
CITY OF WYLIE
9B.DATED(SEE ITEM 11)
P.O. BOX 428
2000 HWY, 78 NORTH
10A.MODIFICATION OF CONTRACT/ORDER NO.
WYLIE TX 75098-
• DACW63-86-H-0038
X
bOB.DATED(SEE ITEM 13)
04/10/86
CODE OVL52 FACILITY CODE
11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
O- The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers 0 is extended, 0 is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer
submitted;or(c)By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG-
MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT
IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted,such change may be made by telegram or
letter,provided each telegram or letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and date specified.
12.ACCOUNTING AND APPROPRIATION DATA(If required)
96X3123 FSN96412 KK CB1381610A06038 285 0/C 0250 INC $33,842.80
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(X) A.THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14ARE MADE IN THE CONTRACT ORDER NO.IN ITEM 10A.
B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office,appropriation date,etc.)
-•a SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
X Articles lb 8 15
0.OTHER(Specify type of modification and authority)
— E. IMPORTANT: Contractor is not, El is required to sign this document and return 1 copies to the issuing office.
14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitation/contract subject matter where feasible.)
The Agreement for Law Enforcement Services at Lavon Lake, Wylie, Texas is
modified by Supplemental Agreement to extend period of services as
provided in Articles of the basic agreement.
a. The new attached Appendix A, Plan of Operation, pages 1 thru 3;
Appendix B, Daily Law Enforcement Log, page 4; and Appendix C, Wage
Determination No. 87-0149 (Rev. 12) dated 07/30/1992, pages 5 thru 8,
provide in part for the work added by this supplemental agreement.
Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effect.
t5A.NAME AND TITLE OF SIGNER(Type or print) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or print)
DEBRA L PULLING
15B.CONTRACTOR/OFFEROR 15C.DATE SIGNED 16B.UNITED STATES OF AMERICA 16C.DATE SIGNED
BY
(Signature of person authorized to sign) (Signature of Contracting Officer)
7540-01-152-8070 STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA
PREVIOUS EDITION UNUSABLE 30-105 FAR(48 CFR)53.243
SF 30 CONTINUATION SHEET
b. All other terms of the agreement, including any modification thereto,
shall remain in full force and effect during the period covered by this
supplemental agreement.
c. Contract start date is 28 May 1993 or date of award whichever comes
later. The total patrol hours is 1159.
d. As a result of this modification, the total contract price is
increased S33,842.80 for a revised contract price of S263,446.03.
DACW63-86-H-0038 Mod. P00007 2
APPENDIX A
PLAN OF OPERATION
1 . The contractor agrees to provide law enforcement services on
government lands of Lavon Lake Project lying within the corporate
city limits of Wylie, Texas, for the purpose of enforcement of
state and local criminal and civil laws. Standard surveillance
will include vehicular patrol by the contractor of the interior
roads of all parks, dam, and stilling basin fishing area.
2 . (a) Reimbursement for law enforcement services shall be
limited to those services specifically identified in the contract
as stated in paragraph 3 .
(b) State and local law enforcement agencies generally have
the same authority and responsibilities on Corps administered lands
as they do elsewhere in their respective jurisdictions. Because of
this, request by the District Commander or his authorized
representative for emergency or unanticipated law enforcement
assistance will be considered non-reimbursable.
3 . The contractor agrees to provide the following reimbursable law
enforcement services in all Corps of Engineers parks within the
city limits and in the dam and stilling basin fishing area.
a. PATROL SCHEDULE - Patrol of the areas listed above shall
be as follows :
DAY OF PATROL NUMBER NUMBER NUMBER
THE WEEK HOURS HOURS VEHICLES OFFICERS
Monday - 1800 - 2300 5 1 1
Thursday
Friday 1700 - 2300 6 1 2
Saturday 1300 - 2300 10 1 2
Sunday 1300 - 2300 10 1 2
Holidays 1300 - 2300 10 1 2
NOTE: Deviations from the above schedule may be required to allow
for special situations that may arise during the agreement period.
Any deviations shall be mutually agreed upon in advance by both
parties to this agreement and in no event will the total man-hours
specified in the agreement be exceeded.
1
b. Patrols shall start on 28 May 1993 or on the first
scheduled day after approval of this contract, whichever is later,
and shall be provided for a total of 1159 man-hours in accordance
with the above patrol schedule.
4 . The cost per man-hour for the provision of law enforcement
services described in paragraph 3 will be $29 .20 . This cost
(29 . 20) includes utilization, operation, maintenance, and repair of
equipment and supplies used in performing the reimbursable
services .
5 . When requested by the Corps of Engineers representative, the
Chief of Police agrees to dispatch an officer or officers, within
his manpower capabilities, to unforeseen or emergency situations.
This assistance will be considered non-reimbursable.
6 . The contractor will prepare a Daily Law Enforcement Log in
accordance with the attached format (Appendix B) . The log will be
completed daily and submitted at the close of each week to the
Corps of Engineers representative listed in paragraph 8 of this
plan.
7 . The contractor will provide the Corps of Engineers
representative designated in paragraph 8, a request for payment for
reimbursable services performed each month. The request for
payment will include total charges (including cost of utilization,
operations, maintenance, and repair of equipment and supplies) ,
number of hours involved and starting and ending dates of billing
period. The request for payment will be submitted not later than
five (5) calendar days after the close of the reporting month.
Total cost of reimbursable services during tenure of the contract
may not exceed $33 , 842 . 80 (1159 M/H @ $29 . 20) .
8 . The following individuals are designated to issue and receive
request for reimbursable law enforcement service under the
contract :
CORPS OF ENGINEERS WYLIE POLICE DEPARTMENT
REPRESENTATIVE REPRESENTATIVE
Jerry L. Hammers Harry M. Hightower
Reservoir Manager Chief of Police
P.O. Box 1660 P.O. Box 1062
Wylie, Texas 75098-1660 Wylie, Texas 75098
(214) 442-3014 (214) 442-6060
2
9 . All contract personnel shall wear standard uniforms normally
worn by the law enforcement agency.
10 . All patrol vehicles shall have standard insignia and markings
normally used by the law enforcement agency. Patrol vehicles shall
also be equipped with standard equipment necessary to perform the
required services. The contractor shall be responsible for all
vehicle cost, including insurance, fuel, service and maintenance,
and any other cost associated with the operation of each vehicle.
11 . The services performed by the contract law enforcement agency
under provisions of this contract shall be subject to inspection by
the Contracting Officer or his designated representative to insure
strict compliance with the terms of the contract. If for any
reason the contractor fails to provide or satisfactorily perform
the services as specified, the Government reserves the right to
terminate the contract .
12 . An appropriate orientation for all contract law enforcement
personnel will be conducted by the Corps of Engineers (Reservoir
Manager) to familiarize the contractor with the policies and
procedures of the Corps, and to familiarize Corps personnel with
the functions and duties of the local law enforcement contracting
agency.
3
' Sheet of
Appendix B
Daily Lav Enforcement Log
For Reports Required Under Contract Number
with the U.S. Army Corps of Engineers
Cooperator Project Lavon
Officer (s ) Date
On Duty from to Total Hours
Log of Activities .
Time Time Arrest (s)
Park In Out Type Activity & Action Taken
Citation(s)
I
•
TOTAL CALLS TOTAL
4
U.S. DEPARTMENT OF LABOR Page 1 of 4
EMPLOYMENT STANDARDS ADMINISTRATION
WAGE AND HOUR DIVISION State: Texas
WASHINGTON, D.C. 20210
Area: TX COUNTIES : COLLIN, COOKE, DALLAS
REGISTER OF WAGE DETERMINATIONS UNDER LOCALITY DELTA, DENTON, ELLIS, FANNIN, HENDERSON
THE SERVICE CONTRACT ACT HOPKINS, HUNT, KAUFMAN, LAMAR, NAVARRO, RAINS
By direction of .the Secretary of Labor ROCKWALL, SMITH, VAN ZANDT, WOOD
(; :17131/
Alan L. Division of
Director Wage Determinations Wage Determination No. : 87-0149 (Rev. 12) Date: 07/30/1992
Minimum Fringe Benefit Payments
Class of Service Employees Hourly
Wage Health & Vacation Holiday Other
Welfare
Protective Services:
'' 1. Court Security Officer $ 12 . 11
2 . Detention Officer/Correction $ 12 . 11
Officer
3 . Firefighter $ 10.86
4 . Guard I $ 6. 00
5. Guard II $ 10. 86
6. Police Officer $ 12 . 11
Fringe benefits applicable to all classes of service employees
engaged in contract performance: 1/ 2/ 3/
1/ HEALTH & WELFARE: $0. 83 per hour or $33 . 20 per week or $143 . 86 per month.
2/ VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks
after 5 years; 4 weeks,after 15 years. Length of service includes the whole span of continuous
service with the present (successor) contractor, wherever employed, and with the predecessor
contractor in the performance of similar work at the same Federal. facility. (Reg. 4 . 173)
3/ HOLIDAYS: 10 paid holidays per year: New Year' s Day, Martin Luther King Jr. 's Birthday,
Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,
d E 4 s ,
U.S. DEPARTMENT OF LABOR Page 2 of 4
EMPLOYMENT STANDARDS ADMINISTRATION
WAGE AND HOUR DIVISION State: Texas
WASHINGTON, D.C. 20210 •
Area: TX COUNTIES: COLLIN, COOKE, DALLAS
REGISTER OF WAGE DETERMINATIONS UNDER LOCALITY DELTA, DENTON, ELLIS, FANNIN, HENDERSON
THE SERVICE CONTRACT ACT HOPKINS, HUNT, KAUFMAN, LAMAR, NAVARRO, RAINS
By directio of .tjie 'Secretary of Labor ROCKWALL, SMITH, VAN ZANDT, WOOD
/ / — ittpaj
•
Alan L.-'Noss Division of
Director Wage Determinations Wage Determination No. : 87-0149 (Rev. 12) Date: 07/30/1992
Minimum Fringe Benefit Payments
Class of Service Employees Hourly
Wage Health & Vacation Holiday Other
• Welfare
Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the name holidays
another day off with pay in accordance with a plan communicated to the employees involved. )
rn
•
WAGE DETERMINATION 87-0149 (Rev. 12) DATE 07/30/1992 Page 3 of 4
NOTE: The contracting officer shall require that any class of service employee which is not listed
herein and which is to be employed under the contract (i.e. , the work to be performed is not
performed by any classification listed in the wage determination) , be classified by the contractor
so as to provide a reasonable relationship (i . e. , appropriate level of skill comparison) between
such unlisted classifications and the classifications listed in the wage determination. Such
conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits
as are determined. Such conforming procedures shall be initiated by the contractor prior to the
performance of contract work by such unlisted class (es) of employees. A written report of the
proposed conforming action, including information regarding the agreement or disagreement of the
authorized representative of the employees involved or, where there is no authorized
representative, the employees themselves, shall be submitted by the contractor to the contracting
officer no later than 30 days after such unlisted class (es) of employees performs any contract
work. The contracting officer shall review the proposed action and promptly submit a report of the
action, together with the agencys' recommendation and all pertinent information including the
position of the contractor and the employees, to the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, for review. (See section 4 . 6 (b) (2) of Regulations 29
CFR 4)
UNIFORM ALLOWANCE: If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or local law, etc. ) ,
the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms
is an expense that may not be borne by an employee where such cost reduces the hourly rate below
that required by the wage determination. The Department of Labor will accept payment in accordance
with the following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an adequate number of
uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition,
where uniform cleaning and maintenance is made the responsibility of the employee,
all contractors and subcontractors subject to this' wage determination shall (in the absence of a
bona fide collective bargaining agreement providing for a different amount, or the furnishing of
contrary affirmative proof as to the actual cost) , reimburse all employees for such cleaning and
maintenance at a rate of $3 . 80 a week (or 76 cents a day) ; and effective April 1, 1991, the note
shall be $4 . 25 per week (or $. 85 cents per day) . However, in those instances where the uniforms
furnished are made of "wash and wear" materials, may be routinely washed and dried with other
personal garments, and do not require any special treatment such as dry cleaning, daily washing, or
commercial laundering in order to meet the cleanliness or appearance standards set by the terms of
the Government contract, by the contractor, by law, or by the nature of the work, there is no
requirement that employees be reii. bursed for uniform maintenance costs.
WAGE DETERMINATION 87-0149 (Rev. 12) DATE 07/30/1992 Page 4 of 4
NOTE: The duties of employees under job titles listed are those described in the Service Contract
Act Directory of Occupations, Second Edition, July 1986, unless otherwise indicated. See also 29
CFR Part 4 Section 4 . 152 .
•
•
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: CITY MANAGER DIRECTOR: STEVE NORWOOD
DATE REFERENCE NO. SUBJECT
5/07/93 /Q JOINT RESOLUTION WITH THE NTMWD
SUMMARY OF SUBJECT:
As was discussed at our previous worksession, the North Texas Municipal Water District has
agreed to transfer approximately 4.5 acres to the City of Wylie to be used for municipal purposes
only. In exchange, the City of Wylie is amending its thoroughfare plan to align Springcreek
Parkway with Skyview instead of Dog Drop Lane. Also, the City is abandoning any public right-
of-way interest along Dog Drop Lane.
• ALTERNATIVES:
1.) Approve resolution on transfer of property.
2.) Deny transfer
ACTION REQUESTED:
1.) Approve transfer of property as specified in the attached resolution.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
No cost to the City of Wylie
•
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$
PERSONNEL ❑ - OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • - $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS: The City's thoroughfare plan will need
to be amended at the May 25 Council
meeting.
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
VIEWED BY: •
CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR
POUCE CHIEF CITY ATTORNEY PUBUC WORKS SUPR
FIRE CHIEF DIRECTOR OF PUBUC BUILDING OFFICIAL
WORKS
•
APPROVED FOR SUBMISSION TO CITY COUNCIL
jaf,(Ap".zsz:_=__
CITY MANAGER
fL f)‘1 \
Walimine
NORTH TEXAS MUNICIPAL WATER DISTRICT
P.O.BOX 2408
WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY
PHONE NO.442-5405
April 23 , 1993
Mr . Steve Norwood
City Manager
City of Wylie
P. O. Box 428
Wylie, TX 75098
Dear Steve:
Enclosed with this letter are four NTMWD executed copies of
a joint resolution between the City of Wylie and the NTMWD.
The resolution was approved by the NTMWD Board of Directors
in a Regular Meeting on April 22 , 1993 . When the City of Wylie
has authorized the resolution please forward two completely
executed copies to my office for NTMWD records .
A deed is being prepared by NTMWD attorneys for the transfer
of the property . The Board expresses its appreciation to the
City of Wylie and the City Council for its cooperation in the
development of this vital project .
At the same meeting the Board authorized easements to the City
of Wylie for a sewer line on the NTMWD - Wylie Water Treatment
Plant Site in accordance with your previous request . This docu-
ment is also in a state of preparation and will be sent to you
on execution.
We look forward to our continued cooperation, and if I may ever
be of any service, please do not hesitate to call on me.
Sincerely,
CARL W. R I EHN,
Executive Director
CWR:md
Encl .
A JOINT RESOLUTION OF THE CITY OF WYLIE,
TEXAS AND THE NORTH TEXAS MUNICIPAL WATER
DISTRICT IN A COOPERATIVE TRANSFER OF
CONSIDERATIONS FOR THE MUTUAL BENEFIT OF
BOTH PARTIES .
WHEREAS , the North Texas Municipal Water District Water Treatment
Plant located in Wylie , Texas on an approximate 140 acre site
treats potable drinking water for a large regional area on the
North and Eastern side of the Dallas Metropolitan area;
WHEREAS, the City of Wylie, a home rule city, has since 1954
cooperated with the NTMWD in the development of this major
regional water treatment facility located within its city limits;
WHEREAS, the NTMWD has purchased an additional 240 plus acres
to the North of the existing plant site and is planning construc-
tion of additional plant capacity to serve the area;
WHEREAS, both parties agree that it will be in their best self
interests to realign Spring Creek Parkway , abandon right-of-
way for Dog Drop Lane, and transfer land for use of the City
of Wylie.
NOW, THEREFORE, BE IT RESOLVED that the City of Wylie and the
North Texas Municipal Water District mutually agree to the follow-
ing:
1 . In the City of Wylie' s master street plan Spring Creek
Parkway will be realigned as it affects NTMWD property
in accordance with attached Exhibit A.
2 . Dog Drop Lane (County Road 383) will be abandoned from
Paul Wilson Road (County Road 384) to Eubanks Lane (County
Road 389) .
3 . A tract of land approximately 4 .55 acres at the intersection
of County Road No. 389 and County Road No. 384 , being more
specifically the Southeast corner, will be transferred
by the NTMWD to the City of Wylie for its use for as long
as the City utilizes the property for municipal purposes.
Should the City cease to use the property for municipal
purposes the property would revert to the NTMWD.
This joint Resolution approved by the City of Wylie on this
the day of , 1993 , and by the Board of
Directors of the North Texas Municipal Water District on this
the 22nd day of April , 1993 .
CITY OF WYLIE, TEXAS NORTH TEXAS MUNICIPAL
WATER DISTRICT
MAYOR, ROBERT C. ALLEN, PRESIDENT
ATTEST: ATTEST:
CITY SECRETARY J CK I . MCJUNK SECRETARY
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: Jack Jones C U ' DIRECTOR: Public Works Superintendent
DATE REFERENCE NO. SUBJECT
5/5/93 Jeske Construction Company
//
Release of 10% Retainage - $2,500
Rustic Oaks Drainage Ditch
SUMMARY OF SUBJECT:
Attached is a copy of Final Pay Request No. 3 from Jeske Construction Company which
references a $2,500 retainage.
Jeske Construction Company is requesting release of their $2,500 retainage which was
withheld in January to assure establishment of bermuda grass in the spring.
not
The project is now complete but bermuda grass is/established. No slippage of dirt
has occured from the banks.
ALTERNATIVES:
No alternative is recommended.
ACTION REQUESTED:
Payment of $2,500 retainage is recommended.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
411 - 58150
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$ 2,500
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
X BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY X PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGE
MEMORANDUM
TO: Steve Norwood, City Manager
FROM: Jack Jones, Public Works Superintendent 9' 9' '
DATE: May 5, 1993
SUBJECT: Rustic Oaks Drainage Ditch
Project Inspection and Release
After visual inspection on May 5, 1993 of the Rustic Oaks
Drainage Ditch, the grass is up and no slippage of dirt has
occured from the banks.
Bermuda grass is not established and the project is now complete.
Payment of the 10% retainage in the amount of $2, 500 is
recommended.
N° 818i,
• ie
CITY OF WYIJIE
2000 HWY. 78 N. - P.O. BOX 428
WYLIE, TEXAS 75098
Due Date (214) 442-2236 Vendor Number
PAYMENT REQUEST/APPROVAL FORM
From: Pub1Ic' Atelfbi-er Date: c/S/q3
To: Finance Department nn
Pay To: Je3ke u •i9'vx. l',Q
ro 8to cow
p-exa, SS211i
Amount: 2, ,SDo Contract/PO No. (i f applicable):
Charge To: Fund Sub-Account Dept. No. Account Code Amount
/o /0° � .58/R) 2 S' o
Explanation: eleos '_ & /o 20 reia,'pL€ e �r
1) i vtane_ ti-1 ., CO e �S
caw ptde 4 beirmuda cress is esfab ;shed
(Attach supporting documents. )
Checked and Approved by: Recommended for Payment by:
Finance Department %sartment Hea
City of Wylie.
AGENDA COMMUNICATION
SUBMITTED BY: Paul Beaver DIRECTOR: Planning/Engineering '4
DATE REFERENCE NO. SUBJECT
1/6/93 Jeske Construction Company
Pay Estimate No. 3
Rustic Oaks Drainage Ditch
SUMMARY OF SUBJECT:
Attached is Pay Estimate No. 3 from Jeske Construction Company in the amount of
$10,127.98 for work accomplished on the Rustic Oaks Drainage Ditch, including loading,
hauling, and filling clay, installing 12" rock rip-rap, bermuda grassing and removal/
installation of 6' wood fence. This payment represents 96% completion of the City
Council approved $58,082.34 which includes Change Order #1.
A total retainage in the amount of $2,500 is being withheld to assure bermuda grass
establishment in the spring. •
ALTERNATIVES:
No alternative is recommended.
ACTION REQUESTED:
•
Payment is recommended. • i-
•
•
`fit l --
MT': f::T 7 { HI' i.r:I..TF_
DIRT CHANNEL PERIOD ENDING: 11/30/92
92-17 ESTIMATE NO: 3
CCNTRACTOP: JESi'E CONSTRUCTION CO. SUBCONTRACTOR:
P.O. BOX 59°2°:
DALL3,TX 75229
214 ❑_0- _q3
:ITEM : CITY : DESCRIPTION : CONTRACT UNITS : CONTRACT UNITS AMOUNT : AMOUNT COMPLETED : MORK DONE
: ITEM ' ' : QUANTITY : UNIT PRICE : COMPLETED : COMPLETED : PREVIOUS REQUEST : THIS FERIOE
. 1 , LOA .HAUL y FILM CLAY 2"1 CY $18.70 : 2100.''0 : 139.270.00 : $37,400.00 : $1,87O. .
. 2 : • 12" PO"!' RIR RA>• I9 CV 173.00 : 24.39 : 12.267..34 : 12.267.34 : 1f0.(
3 . PE9mUDA GRASSING 0.75 AC : 112,100,00 , 0,75 : $9.075,00 : 14;598.00 : $4,477.'
4 : REM/INSTALL 6' WOOD PENCE : 200 LP 118.00 : 415.10 : 17.470.00 : 16,300.00 : $1,170.,
5 10.00 : fn.c
c 10.00 : f0./
? f0.00 f0.'`
: 10.00 : : f0.r
? .•
, $0.00 : f0.
1! f0.00 : f0.
TOTAL AMOUNT NOP DONE 153.082.34 150,565.74 $7,517.,
LESS 10:: RETAINAGE 12,500.00 1751.-
SUB TOTAL 155,582.31 16,765.-
LESS PREVIOUS PAYMENTS 145.454.36
AMOUNT DUE THIS ESTIMATE 110,127.93
O
REQUESTED BY: _ DATE: / / /T % /.
Jcs! Construct Lo.
APPROVED BY: P 1.,,.,....k.. • DATE: 4_`_.6__/ q3
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY• Jack Jones DIRECTOR: Public Works Superintendent
DATE REFERENCE NO. SUBJECT
5/5/93 JRJ Paving, Inc.
/O1 Pay Estimate No. 2
Birmingham, Oak and Jackson Street Upgrade
SUMMARY OF SUBJECT:
Attached is pay estimate no. 2 from JRJ Paving, Inc. in the amount of $23,564.95 for
curb and gutter work accomplished on the Birmingham, Oak and Jackson Streets upgrade.
This is an annual contract for concrete work as needed.
The original contract amount was for $58,635, but an additional amount of $4,579.90 was
approved on 4/13/93. The new contract amount is $63, 145. With this pay request, a total
amount of $62,427.35 was paid which represents 98% completion of the approved $63,145
contract amount.
ALTERNATIVES:
No alternatives are recommended.
ACTION REQUESTED:
Payment is recommended.
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
Birmingham, Jackson & Oak Street
Upgrade
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
$ 23,564.95
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY X PUBLIC WORKS SUPR.
FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION O CITY COUNCIL
CITY MANAGER
R J
PAVING, INC. P O.Box 59934
(214) 869-2971 11332 Mathis St..Suite 100
Dallas.TX 75229
* * * INVOICE * * *
14970 INVOICE # 7074 PAGE
!^ .TY OF WYL I E ESTIMATE # 2
'CA) HWY 78N ESTIMATE PERIOD 12/14/92 TO 4/28.
CONTRACT AMOUNT $67, 1 =
AYL I E, TEXAS 75098 BETA I NAGS
JB 97007 CITY OF WYL I E,ANNUAL CONTRACT
UNITS COMPLETED/
PLAN UNIT ESTIMATED EARNED
EM DESCRIPTION QUANTITY UNIT PRICE THIS MONTH TO DAT
24" CURB AND GUTTER 4000.000 LF 10.250 569.000 2885.0
5872.25 29571 .
2.,.. . 6" R.S.DRIVEWAYS 25.000 EA 500.000 7.000 18.c
1500.00 9000.
4" R.S. SIDEWALK 500.000 SF 2.800 2825.000 4253.0
7910.00 11908.
4 , MOVE—IN 1 .000 EA 650.000. 1 .000 1 .c
650.00 650.
5 . 6" R.C. STREET INTERSECTION 129.000 SY 71 .250 116.0
=625 .
. 18" CURB & GUTTER 276.000 LF 9.800 276.000 276.C:
2312.80 2712.
, 4' WIDE VALLEY GUTTER 271 .000 LF 16.900 271 .000 271 .0
4579.90 4579.
25' WIDE DRIVEWAY 1 .000 EA 780.000 1 .000 1 .0
780,00 780 .
„.. J RJ
PAVING, INC. P.O.Box 59934
(214)869-2971 11332 Mathis St.Suite 100
Dallas.TX 75229
* * * INVOICE * *
149=0 INVOICE # 7074 PAGE
.ITY OF WYLIE ESTIMATE IS 2
00 HWY 78N ESTIMATE PERIOD 12/14/92 TO 4/28:;
CONTRACT AMOUNT $63 , 145
WYLIE, TEXAS 75098 RETAINAGE
1B 97003 CITY OF WYLIE,ANNUAL CONTRACT
ESTIMATED EARNED
AMOUNTS AMOUNTS
THIS MONTH TO DATE
TOTAL AMOUNT OF WORK DONE 27, 564.95 62,427 .
LESS RETAINAGE .00
AMOUNT DUE ESTIMATE # 2 23, 564.95 62,427 .
LESS PREVIOUS PAYMENTS XXXXXXXXXXXXXXX 38,862 .
UNPAID BILLINGS AS OF 12/14/92 .00
TOTAL OUTSTANDING AS OF THIS ESTIMATE 23, 564.95 27, 564.
PREPARED BY
DATE
*****************
* *
PAY THIS AMOUNT FOR ESTIMATE 2 * 23, 564.95 *
* *
*****************
J R J
PAVING, INC. C Box 59934
'214) 869-2971 11332 Matris St. Suite toC
Dauas. TX 7522S
City of Wylie aril 6, 1993
2000 N. ?wy.7 8
P.O.Box 428
Wylie, Texas 75098
Attn. : Mr. Jim Holcomb RE: 93-02 Curb & Gutter Contract
Purchasing Agent Wylie, Texas
Gentlemen,
We propose to furnish all labor, rrateriais and equipment required to perform the
following additional work on the above referenced project.
Birmingham, Oak and Jackson Streets -
For 4' Wide 3000 PSI Reinforced Concrete Valley Cutter including
saw cutting and removal of existing pavement.
Approx. 269 LF @ $16.90/LF
Jackson Street -
For 18" Reinforced concrete Curb & Gutter in lieu of 24" Curb and
Gutter.
Approx. 236 LF @ $ 9.80/LF
All terms, conditions and specifications, etc. as outlined in the original
contract shall apply to this additional work. Your acceptance in the space
provided below will constitute a contract covering this additional work.
Very truly yours,
JRJ Paving, Inc.
c /6
Tolli Katrycz
Contract Adtni istrator %^
Accepted for the City of Wylie by: et
_.._ Date: V/0/6/;
ASPHALT PAVING • CONCRETE PAVING • SEAL COATING & REPAIR
N c 11 u ( 5
Nrytie
CITY OF WYLIE
2000 HWY. 78 N. — P.O. BOX 428
WYLIE, TEXAS 75098
Due Date (214) 442-2236 Vendor Number
PAYMENT REQUEST/APPROVAL FORM
From:ciACk e. L _ 0( - Date: 5/5/95
l
To: Finance Department
Pay To:�� �< <� � ✓ 1 .J 1_ nJ C •
. O , sga3 '
Leg l / As , 1 4 , `lsa.ag
Amount: a 3 5 634. Contract/PO No. (if applicable):
Charge To: fund Sub-Account Dept. No. Account Code Amount
�- I I 58 IO 025 5ee `�, s
Explanation: Lam,— -t `t, LA, weal-) �Iii. 0 teL an, %041-4-errt.,
n t . , � .) & �h9 11 o,vn� �� . Oa ctQ14J
•
S O 19 3 t cj (Attach supporting documents. )
Checked and Approved by: recommended for Payment by:
Finance Department iartment Head
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols
DATE REFERENCE NO. SUBJECT
- 5/11/93 13 Discuss and Consider Naming Future Park at
SH-78 and Ballard Streets
SUMMARY OF SUBJECT:
Council has not yet officially named this future park. We will need to name the park '
in order to identify it on grant requests, maps, etc. Some of the suggestions we've
heard are:
Ole' City Park
Old City Park
Volunteer Park
Volunteer Station
... ALTERNATIVES:
.- (1) Give the park one of the names mentioned above or another name of Council's
choosing
(2) Take no action at this time
ACTION REQUESTED:
REVENUE SOURCES: EXPENDITURE ACCOUNTS:
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME ❑ • S
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS:
BACKGROUND MEMO MINUTES LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES LEGAL
REVIEWED BY:
CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR
POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR.
FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
CITY MANAGER
City of Wylie
AGENDA COMMUNICATION
4,147r
SUBMITTEDBY: LEGAL DEPARTMENT DIRECTOR: STE EN P . DEITER
DATE REFERENCE NO. SUBJECT
5-7-93 /t/ SETTLEMENT NEGOTIATIONS-SOUTHFORK MHP LAWSUIT
SUMMARY OF SUBJECT:
THE PROCEEDINGS FILED BY SOUTHFORK HAVE BEEN PENDING IN COLLIN COUNTY
- DISTRICT COURT FOR NEARLY TWO YEARS, AND CONCERN THE METERING AND SERVICING
OF WATER CUSTOMERS WITHIN THE PARK.
PREVIOUS NEGOTIATIONS HAVE RESULTED IN SOUTHFORK' S MAKING A SETTLEMENT
OFFER (FROM JIM CLAYTON) WHICH THE COUNCIL NOW NEEDS TO CONSIDER.
FURTHER INFORMATION AND BACKGROUND IS PROVIDED FOR COUNCIL ' S REVIEW BUT
- NOT PART OF PACKET MATERIALS .
ALTERNATIVES:
1) ACCEPT SETTLEMENT PROPOSAL AS PRESENTED
2) MAKE COUNTER PROPOSAL
3) DISCONTINUE SETTLEMENT NEGOTIATIONS
ACTION REQUESTED:
UNTIL THE MATTER IS DISCUSSED BY COUNCIL I AM NOT REQUESTING WHICH OF
THE ABOVE ALTERNATIVES BE TAKEN . I AM REQUESTING THAT COUNCIL TAKE ONE OF
THE ACTIONS AS IT..DEEMS APPROPRIATE FOLLOWING DISCUSSION OF THE MATTER IN
EXECUTIVE SESSION
-- REVENUE SOURCES: EXPENDITURE ACCOUNTS:
N/A N/A
BUDGETED FISCAL YEAR(s):
ESTIMATED EXPENDITURE:
S
PERSONNEL ❑ OVER/UNDER PROJECTIONS BY:
OPERATIONS ❑ ONE-TIME 0 • $
CAPITAL ❑ RECURRING ❑ OTHER COMMENTS:
USER DEPARTMENT COMMENTS:
SUPPORTING DOCUMENTS: (UNDER SEPARATE COVER)
x x BACKGROUND MEMO MINUTES x x x LETTER
C.I.P. ORDINANCE/RESOLUTION OTHER
BUDGET WYLIE CODE OTHER
MAP, PLAN, SKETCH BID TAB/SPECS OTHER
MINUTES XX LEGAL
REVIEWED BY:
xx CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY
xx, DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR
POLICE CHIEF XX CITY ATTORNEY PUBUC WORKS SUPR.
FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL
WORKS
APPROVED FOR SUBMISSION TO CITY COUNCIL
/,
ANAGER