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08-12-1993 (City Council) Agenda Packet AGENDA Wylie City Council WYLIE MUNICIPAL COMPLEX August 12, 1993 6:00 p.m. CALL TO ORDER DISCUSSION ITEMS 1. Discuss Jackson Street Completion 2. Discuss Agenda Items 3. Discuss Keep Texas Beautiful Program 4. Hear Presentation from Hatfield & Crookless Regarding Architectural Services and Consider Approval of Contract ACTION ITEMS 5 Discuss and Consider Acceptance of Bond Purchase Agreement for Issue of $5.8 million 6. Resolution Approving Development Agreement with J.D. Russell 7. Discuss and Consider Approval of Sanitation Contract with BFI 8. Discuss and Consider Approval of Engineering Contract with Hogan Corporation STAFF REPORTS CITIZEN PARTICIPATION ADJOURNMENT RECONVENE INTO WORKSESSION TO DISCUSS BUDGET ADJOURNMENT MEMORANDUM August 10, 1993 TO: Wylie City Councilmembers FROM: Steve Norwood, City Manager RE: Refunding of Debt Regarding the refunding issue of $5.8 million, additional information will be given out at the meeting by David Medanich of First Southwest Corporation. There is essentially no backup information that I can give you at this point other than what you already know. Once again, this issue is a pure money saving refunding. There will be no restructuring the terms, payout, etc. The total savings to the citizens of Wylie will be approximately $600,000. The annualized savings will be approximately $34,000 distributed between both the general and utility funds. Mr. Medanich will also update Council on the rating results from both Moody's and Standard and Poor's. If you have any questions, please do not hesitate to contact me. Hatfield Crookless Architects, Inc. Architecture Master Planning Space Planning + Interiors Construction Management August 12, 1993 • Municipal Service Center City of Wylie, Texas Mr. Steve Norwood City Manager Mr. Jim Holcomb Purchasing Agent City of Wylie 200 Highway 78 North Wylie, Texas 75098 Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookless, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) Hatfield Crookless Architects Architecture Master Planning Space Planning + Interiors Construction Management August 12, 1993 Proposed Wylie Municipal Service Center City of Wylie, Texas HCA #93040 Budget Analysis: The following is only an approach to analyzing the total expenditure of the $300,000 project allocation. This is not an estimate or fixed price. The prices shown are for budget allocations only prior to any architectural design work. 1 . New Building Construction: @ Cost/sq ft @ $45.00/sf @ $47.50/sf @ $50.00/sf @ $55.00/sf (Bldg. Area in s.f.) (-4,333 sf) (-4,121 sf) (-3,930 sf) (-3,600 sf) Construction Budget: $195,011 $195,761 $196,511 $198,011 2. Required Parking (@ 1 ps/200 sf building.) Note: This figure reflects only the required code compliant,open parking for employees and public parking and does not Include perimeter security fencing, electronic access gates, extensive on-site driveways, sheltered parking, paved material storage areas, and other paved areas.) (Number spaces Req'd.) (22 ps) (21 ps) (20 ps) (18 ps) Cost @ $750/space: $16,500 $15,750 $15,000 $13,500 3. Total Budget Allocated for Bldg. and Parking (1+2): $211 ,511 4. Miscellaneous In-Project Related Allowances a. Landscape and Irrigation (Minimal Area): (Allowance) $10,000 b. Site Utilities Allowance: (Allowance) 10,000 c. Building Furnishings: (Allowance) 10,000 d. Construction Contingency ('-2% of Est. Cost): 5,000 e. Construction Total (Bldg + Parking +Allowances) $ 246,511 5. A/E Planning Fees (7.5% of 4.e) $ 18,489 6. Total Probable Construction Cost $ 265,000 7. Owner Related Project Expenses (not a part of the above): a. Site Survey: (Allow -'$ 3,000) Amount Not Included b. Soil Testing: (Allow -$2,000) Amount Not Included c. Reimbursable Expenses: Allowance $5,000 f. Equipment Allowance: (Minimal add-Reuse exist equip.)= $ 30,000 d. Total Owner Related Expenses: $ 35,000 8. Total Budget Allocation - Wylie Service Center: $300,000 Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookless, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) 08/12/93 11:25 CITY OF IJYLIE 102 �S 921 I J I E T •. /3'2L LAY, , • w Ow : ile?.--."--- - — -----Th (.° . j Yyl�- zt�t�� (ate y (�d t -, rain (.v(� Ntcl, i \(- ( Ibill i . . , gar i - .- : . a . / t,. `a glillil=int rs.i /Ifo'i�Ji A0/ t` ...., , d�oc�r .r _� r. , 1 si 5 • , ----- / 1 ----- i \itilie 1111 .. a --., .441/0144. 1 5'4? .. 4 21,17 a ' 0 41* r d.j.I riA - T-C, RAI- 0 c- .f4A'.4 "114711/1 41,04*NI"Vefillig'',4,0$ Gil-gait/4N= ''' `I --P Plinsffill1441".1111431414 N, witi tomin I..., .s P I ri frI/C1-:: .. 7'4 7 1111111101111a1ME,4 ...i.+4., ; •ii : tr :4 . � • ' .��' °44-yE r. • .. ESL 4 p ,A1 r,'Ille411111 *"‘- • 4° gm 'I 1 Ant i • frrn � t _ /i..4l /#►1 D D.L. fnr omFow e*1 .f4 _- "CS/.�i��i�1rcri/1r�/S2F 207ii..i v71ir/ nisi-iniiiii...... V ,q/ s_im4 . 4 4I h's7'W 1iga.e, ' Conceptual Site Use Study 1' = ...100, Ii IJI Wylie Municipal Service Center Hatfield tfie d ess City of Wylie, Texas HCA#93040 August 12, 1993 Architects, Inc. Dallas 214/363-9100 Hatfield Crookless Architects, Inc. Architecture Master Planning Space Planning + Interiors Construction Management INTRODUCTION HATFIELD CROOKLESS ARCHITECTS, INC., a Texas Business Corporation, is an aggressive Architectural Design firm of highly qualified individuals with extensive commercial, municipal, religious, institutional, retail, single family residential, multi-family residential, and hotel/motel project experience. With the advance in computer technology, Hatfield Crookless Architects, Inc. has made a commitment to Computer Aided Design and Drafting (CADD) operations and to specialized automation services to better serve the Owner/Developer's present and future Architectural needs. CHRISTIAN H. CROOKLESS serves as President of Hatfield Crookless Architects, Inc. Chris has experience as an Architect since 1978. Prior to forming Hatfield Crookless Architects, Inc in February of 1992, Chris served as Principal Architect in the firms of Crookless Architects, Inc. (1985-1992), Pelham Brown and Crookless, Inc. (1983-1985),and Craycroft Architects, Inc. ((1981-1983). Chris is the Director of CADD Operations and is skilled in the use of CADD software, hardware and their capabilities. NORMAN P. HATFIELD, JR. serves as the Executive Vice-President of Hatfield Crookless Architects, Inc. Norm has over twenty-one (21) years experience in private practice as an Architect since 1971. Prior to establishing Hatfield Crookless Architects, Inc. in February of 1992, Norm served four (4) years as the founding Principal Architect of NPH Architects and sixteen and one-half (16 1/2) years as a Principal-In-Charge(PIC)and founding principal Architect of Hatfield Halcomb Architects of Dallas. HANDS-ON INVOLVEMENT: Norm and Chris have direct, "hands-on-experience" in working with Commercial Project Owners and Developers across the nation. Norm and Chris have a demonstrated history of working closely within the Owner's and Client's organizational structure to satisfy the various design needs which are relevant to practical and economic needs. Projects need to be delivered within the approved budget and projected schedule (all phases -design to completion and follow-up). REALISTIC PLANNING is the key to logical, orderly, phased growth by providing the right amount of space, at the right time, in the riaht place, and at the riaht cost. The firm's primary objective is to mesh professional expertise with the needs of the Client, taking into account the Client's budgetary limitations, the setting which the project will occupy, and the short and long-term use of the land and the facility. From the initial concept stage to finished construction, Hatfield Crookless Architects, Inc. approaches the project from the Client's/Owner's point-of-view. The emphasis is always on quality service and design excellence within a realistic and workable budget. ARCHITECTURAL SERVICES: Hatfield Crookless Architects, Inc. offers professional credentials and personal service, creative design quality, sophisticated production technology, and responsive, personal representation to each and every Client. Hatfield Crookless Architects, Inc. offers the full range of customary and basic architectural services including Schematic (conceptual) Design Phase, Design Development Phase, Contract Document Phase, Bidding/Negotiation Phase, and the Construction Administration Phase. INTERIOR DESIGN SERVICES: Hatfield Crookless Architects, Inc. is also in the position to offer its Clients complete Interior Design services. Interior Design services operate in conjunction with the Architectural services to assure a sensitivity and co-ordination of the interior finishes with the exterior aspects of the project. The Interior Design services can operate within the Architectural services (as an additional service) or as a separate contract when desired by the Owner to provide furniture, fixtures, and equipment (FF&E) services. CONSULTANT SERVICES: Hatfield Crookless Architects, Inc. includes in its contract for basic services all customary Structural, Mechanical, Plumbing, and Electrical Engineering Services. Realizing that the Owner's needs often require specialized expertise relevant to the projects requirements, Hatfield Crookless Architects, Inc. provides co-ordination of additional consultants in the areas of Acoustical Design, Sound Reinforcement, Noise Abatement, Traffic, Energy Management, Civil Engineering, Construction Management, Graphic Design, Landscaping, and others as required. • Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookiess, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) Hatfield Crookless Architects, Inc. Architecture Master Planning Space Planning + Interiors Construction Management COMPREHENSIVE SERVICES In response to individual Client requirements, Norm Hatfield and Chris Crookless, through the firm of Hatfield Crookless Architects, Inc., offer comprehensive Architectural Service capabilities consisting of, but not limited to, the following services: PROGRAMMING AND MASTER PLANNING Architectural Programming Feasibility Studies Location and Site Analysis Master Planning Facilities Management ARCHITECTURAL PLANNING AND DESIGN Schematic Design Phase Design Development Phase Contract Documents Phase Bidding/Negotiation Phase Construction Administration Phase Follow-Up services after completion of the work INTERIOR DESIGN SERVICES Programming Space Planning Design Development Contract Documents Interior Color and Texture/Materials Selection Bidding/Negotiation Ordering and Purchasing Contract Administration and Installation CONSTRUCTION MANAGEMENT SERVICES Construction Inspection Services (Separate Contract or with Architectural Services) Complete Bidding Construction Services "Turn-Key" Project Delivery Design-Build Services ADDITIONAL SERVICES Religious Facility Consultation (Worship Centers, Family Centers and Educational facilities) Acoustical Consultation Swimming Pool Facility Consultants Value Engineering Studies/ Life Cycle Studies Cost Estimating and Cost Control Architectural Graphics Equipment Planning Project Programming Speciality Consultants Facility Evaluation Inventory Services Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookless, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) Hatfield Crookless Architects, Inc. Architecture Master Planning Space Planning + Interiors Construction Management NORMAN P. HATFIELD, JR., AIA Principal Architect (Vice-President of Hatfield Crookless Architects, Inc.) Norm is the co-founding principal of Hatfield Crookless Architects, Inc. Norm has also served four(4)years as Principal of NPH Architects plus 16 1/2 years as a co-founding principal of Hatfield Halcomb Architects of Dallas. In addition to his business and administration responsibilities, Norm is responsible for business development, planning, overall project design, and the coordination of the work of Hatfield Crookless Architects, Inc. as Principal-In-Charge. Norm serves as the Vice President of Hatfield Crookless Architects, Inc.,a Texas business corporation. POSITION: Founding Principal Architect of Hatfield Crookless Architects, Inc. Serves as Exec. Vice President of Hatfield Crookless Architects, Inc. EDUCATION: Bachelor of Architecture With Honors, The University of Texas at Austin,1966. REGISTRATION: Registered Architect, State of Texas, (1969). Registered Architect, State of Louisiana, (1975). Registered Architect, State of Colorado, (1989 ). Registered Architect, State of Kentucky, (1993, Pending) Registered Interior Designer, State of Texas, (1991) #1277 National Council of Architectural Registration Boards, (1971). (Registration available in all U. S. States by reciprocal agreements through the NCARB). PROFESSIONAL: American institute of Architects - National (1969 - 1991). Texas Society of Architects (1969 - 1991). American Institute of Architects- Dallas Chapter(1969- 1991). Co-Founding Principal, Hatfield Crookless Architects, Inc. (1992-Present). Founding Principal of NPH Architects, (1987-1992). Co-Founding Principal, Hatfield Halcomb Architects of Dallas (1971-1987). Experience in Architecture since 1966. CIVIC: The Gideons international, Member and Certified Speaker to Churches, Chaplin, Dallas North Camp(1990-Present). Fellowship of Christian Athletes Greater Dallas Presidents Council (1976-1978). Fellowship of Christian Athletes Carrollton-Farmers Branch Adult Chapter President (1975-1978), Member (1975-present). Northwest Suburban Kiwanis Club of Carrollton (1989 - present) Board of Directors(1990-91). Lions Club, Member of the Carrollton Noon Lions Club (1975-1987). Capitol Improvements Committee member, City of Carrollton, Texas (1975-80). Metrocrest Chamber of Commerce Vocational Advisory Committee. Irving YMCA- Indian Guide Program, Irving,Texas. First Baptist Church Carrollton, 4 1/2 years service as Youth Sunday School Director and 16 years working within the Adult Sunday School Division. Key Communicator, North Carrollton Junior High School and McCoy Elementary School, Carrollton-Farmers Branch I. S. D. Vocational Advisory Committee and Career Awareness Speaker, Carrollton-Farmers Branch I. S. D., Grand Prairie I. S. D., and Coppell I. S. D. Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookiess, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) Hatfield Crookless Architects, Inc. Architecture Master Planning Space Planning+ Interiors Construction Management MUNICIPAL EXPERIENCE CITY OF CARROLLTON Thomas Center*, Renovation for Alternate Use (Parks and Recreation--Senior Center) Rosemeade Recreation Center**. Phase II, Planning Amphitheater** Municipal Library** Civic Center Master Plan** City Hall Remodeling** Building Remodel of Tax Department** Thomas Park Development** Thomas Center Building Remodeling for Public Service Center** Crosby Road Recreation Center** Rosemeade Park Master Plan** Rosemeade Recreation Center** 50 Meter Municipal Pool** CITY OF DALLAS Skillman Southwest Branch Library** Fire Station No. 11, Renovation &Addition** Arcadia Park Senior Citizens Center** Kiest Park Tennis Center** Pleasant Grove Senior Citizen Center** CITY OF DENTON Parks and Recreation CIP Planning- Rec. Center Expansion and Natatorium ($3,100,000) Country Store, Denton Senior Center- A Senior Consignment Sales Outlet. Senior Center Expansion and Renovation* Denia Recreation Center** Northlake Recreation Center** Community Center Renovation** Senior Citizens Center(Initial Building)** Park Facilities (in four parks)** CITY OF FARMERS BRANCH Senior Adult Activities Center(SAAC) Addition and Renovation - 1991 Senior Adult Activities Center(SAAC) Renovation Study - 1990* CITY OF GRAND PRAIRIE City Public Service Center Renovation*; Building A--Sign and Signal (Electronic) Shop City Public Service Center Master Planning for Future Expansion* Charley Taylor Recreation Center Renovation** Two Park Pavilions** Park Bridge** CITY OF GRAPEVINE Civic Center Master Plan** Police/Library Building** Natatorium Master Plan** Senior Citizens Center** Norman P. Hatfield, Jr., Principal Architect Hatfield Crookloss Architects, Inc. Christian H. Crookloss, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) Hatfield Crookless Architects, Inc. Architecture Master Planning Space Planning+ Interiors Construction Management MUNICIPAL EXPERIENCE (Continued - Page2) CITY OF HURST City Public Service Center for Public Works Department** (Master Planning) Central Maintenance Vehicle Maintenance Garage and Warehouse (10,000 sf)** Public Services Department Offices and Employee Break Building** Maintenance Facility& Greenhouse** Hurst Recreation Center** CITY OF LEWISVILLE Park Development Master Plan** 25 Meter Pool** CITY OF LONGVIEW 50 Meter Pool** CITY OF ORANGE 25 Meter x 25 yard Natatorium** CITY OF RICHARDSON Huffines Tennis Center** Park Bridge& Park Pavilion** 25 Meter Outdoor Pool** CITY OF SCHERTZ 25 Meter Outdoor Pool** CITY OF SWEETWATER 50 Meter Outdoor Pool** CITY OF TEMPLE 25 Meter Outdoor Pool** CITY OF VICTORIA 25 Meter Outdoor Pool** CITY OF 'WYLIE Municipal Service Center Master Plan (7/93 Planning Commencement)) Phase One-Municipal Service Center Facility Denotes work performed by Norman P. Hatfield, Jr., AIA as Principal In Charge (PIC) and Contract Principal of the work while serving as the founding Principal of NPH Architects (DBA of NPH, Inc.)of Carrollton, Texas. *' Denotes work performed by Norman P. Hatfield, Jr., AIA as Principal In Charge (PIC) and Contract Principal of the work while serving as the co-founding Principal of Hatfield Halcomb Architects of Dallas,Texas. Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookless, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) INTERDEPARTMENTAL MEMORANDUM 2 TO : Mary Nichols FROM: Steve Deiter SUBJECT : Tax Abatement Resolution - J . D . Russell Company DATE : August 12 , 199J ********************************************************************************* I long for the days when I could review things without making comments or causing extra problems for those who created or are administering the documents. However, I seem to be moving farther and farther away from those days. Perhaps I'm getting picky and hard to satisfy in my advanced years? At any rate, I have the following comments on the proposed Resolution for the above referenced tax incentives, which I have received and reviewed this date. Section 312.002(b) of the LGC (copies of all referenced statutes are attached) provides that the governing body of the City may not enter into a tax abatement agreement "unless it finds that the terms of the agreement and the property subject to the agreement meet the applicable guidelines and criteria adopted by the governing body". The Resolution language cannot speak to an agreement as one does not exist at this point. But at some point the Council needs to make such a fmding and a Resolution (either this one or one passed at a later date) would seem to be the appropriate place. If we need to pass another Resolution at a later date then the current one may be premature or superfluous. I note that the apparent objective of the resolution is to give effect to the tax abatement and state the City's position concerning the other requested incentives. Unfortunately the resolution is not effective as to the first objective. The actual grant of an abatement must be accomplished by a "tax abatement agreement". Such agreement may be entered into only after the council making a finding as above discussed, and after it has given seven days notice (§312.2041 LGC)to all other taxing units which the property is subject to (school, county, etc.) and the notice must include a copy of the agreement, and must be approved by the City Council at a meeting (§212.207). Given all of the above I am suggesting that the Resolution be amended in such a manner (ode_ that SECTION 1 state something to the effecthThe declares its •+ • ;on to grant tax abatements in the amount of 200% over a four year period. The abateme't shall be provided for an agreement entered into between the parties in accordance wi Section 312.204 and other applicable sections of Chapter 312 of the , _. • • • , e, and shall not become effective until such time as the agreement is approved pursuant to Section 312.207 of the-We:--Vct Ecp The agreement shall contain a provision making the granting of the subject abatements contingent upon J.D. Russell Company's adding at least $750,000 in new value to their property on Regency Road." The actual agreement could then be approved by a resolution making the requisite findings and approving the agreement. I would further suggest that SECTION 8 be changed to state that "The terms of this Resolution" instead of the current reference to "This agreement" since the resolution IS not, and cannot be, the agreement. Please advise if you have any suggestions. Thanks 0 cc: Steve Norwood (w/attachments) LOCAL TA;(ATION LOCAL TA CION r § 312.002 Title 3 Title 3 Historical and Statutory Notes Acts 1983, 68th Leg., p. 3213, ch. 554, § 1. Jh Leg., p. 3213, ch. 554, § 1. Prior Law: Vernon's Ann.Civ.St. art. 1066e, § 13. Civ.St. art. 1066e, §§ 9, 11. Acts 1981,67th Leg., 1st C.S.,p.45,ch.4,§ 1. CHAPTER 312. PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT SUBCHAPTER A. GENERAL PROVISIONS Section Section 312.204. Municipal Tax Abatement Agree- 312.001. Short Title. ment. 312.002. Eligibility of Taxing Unit to Partic- 312.2041. Notice of Tax Abatement Agreement ipate in Tax Abatement. [New] to Other Taxing Units. [New] ;cal year of the municipality, p 312.205. Specific Terms of Tax Abatement ief executive officer of each 312.003. Confidentiality of Proprietary Infor- Agreement. einvestment zone created by mation. [New] 312.206. Tax Abatement by Other Taxing port must include: 312.004. Taxing Unit With Tax Rate Set by Units. Commissioners Court. [New] 312.207. Approval by Body. •'nt fund established for the 312.005. State Administration. [New] 312.207. Approl Modification or Governing BoTermindy. of 312.006. Review by Sunset Advisory Commis- Agreement. nd; sion. [New] 312.209. Application of Nonseverability Provi- nding bonded indebtedness; SUBCHAPTER B. TAX ABATEMENT IN sion. I value retained by the zone; MUNICIPAL REINVESTMENT ZONE SUBCHAPTER C. TAX ABATEMENT IN 312.201. Designation of Reinvestment Zone. COUNTY REINVESTMENT ZONE 312.2011. Enterprise Zone. [New] 312.401. Designation of Reinvestment Zone. ility and other taxing units, 312.202. Criteria for Reinvestment Zone. 312.4011. Enterprise Zone. ional information necessary 312.203. Expiration of Reinvestment Zone. 312.402. County Tax Abatement Agreement. acing plan adopted by the • Cross References WESTLAW Electronic Research ��nt to the attorney general. Outdoor signs, tax abatement under this chap See WESTLAW Electronic Research Guide fol- ter as compensation for sign required to be lowing the Preface. 'led by Acts 1989,71st Leg.,ch. relocated or reconstructed, see V.T.C.A. Local Government Code, § 216.010. SUBCHAPTER A. GENERAL PROVISIONS Leg., 1st C.S.,p. 45,ch.4,§ 1. i Leg., ch. 585, § 1. Cross References Saving provision after expiration of this chap- Leg., ch. 2, § 14.06(b). Application of sunset act to tax abatement ter, see § 320.001. 'iv.St. art. 1066e, § 12. law, see V.T.C.A. Government Code, § 325.0082. Administrative Code References Collection and deposits of tax increments, see Commerce department, industrial revenue § 311.013. bond program, see 10 TAC § 180.2. § 312.001. Short Title This chapter may be cited as the Property Redevelopment and Tax Abatement Act. sting the zone or an earlier Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987. bsequent to the ordinance Historical and Statutory Notes Vernon's Ann.Civ.St. art. 1066f, § 1. ()rids, and interest on those Prior Law: Acts 1981,67th Leg., 1st C.S.,p.53,ch.5,§§ 1 to 6. interest on the bonds may / ,d if the municipality that § 312.002. Eligibility of Taxing Unit to Participate in Tax Abatement istee or other escrow agent (a) A taxing unit may not enter into a tax abatement agreement under this chapter and interest on the investment the governing bodes - 'pality or county may not designate an area as a 11 be sufficient to pay the reinvestment z•• • • governing body has established guidelines and criteria 'I on behalf of the reinvest- governing : : I. = agreements by the taxing unit and a resolution stating that the the bonds, and to pay any taxing u- t elects to become eligible to participate in tax abatement. The guidelines must lue or to become due to the provide for the availability of tax abatement for both new facilities and structures and for the expansion or modernization of existing facilities and structures. (b) The governing body of a taxing unit may not enter into a tax abatement agreement under this chapter unless it finds that the terms of the agreement and the property 265 § 312.202 LOCAL TAXATION Title 3 LOCAL TAXATi( methods of compensation for municipal regula- Title 3 tion of outdoor signs,see V.T.C.A.Local Govern- for the year in wt ment Code, § 216.015. exemption of the 1 within the reinvest § 312.203. Expiration of Reinvestment Zone personal property The designation of a reinvestment zone for residential or commercial-industrial tax period covered by abatement expires five years after the date of the designation and may be renewed for Added by Acts 1987, periods not to exceed five years. The expiration of the designation does not affect an 2, § 14.10(a), eff. At._ existing tax abatement agreement made under this subchapter. 71st Leg., ch. 1137, Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987. Historical as 198Historical and Statutory Notes Vernon's Ann.Civ.St. art. 1066f, § 4(b). I.egislal' Section 5 of Acts Prior Law: Cross References provides: Acts 1981,67th Leg., 1st C.S.,p.53,ch.5,§§ 1 Collection and deposits of tax increments, see "(a) The change it to 6. § 311.013. plies only to the effe tax abatement agrt § 312.204. Municipal Tax Abatement Agreement town under Section . and Tax Abatement _ (a) The governing body of a municipality eligible to enter into tax abatement agree- Texas Civil Statutes ments under Section 312.002 may agree in writing with the owner of taxable real property tion 7A of that Act t. that is located in a reinvestment zone, but that is not in an improvement project financed of this Act. The et'." by tax increment bonds, to exempt from taxation a portion of the value of the real a tax abatement age property or of tangible personal property located on the real property, or both, for a Section 2 of that A period not to exceed 10 years, subject to the rights of holders of outstanding bonds of the Sectionfths Act, that e of this togethe. municipality, on the condition that the owner of the property make specific improvements extensions of such or repairs to the property. An agreement may provide for the exemption of the real (even if such amen property in each year covered by the agreement only to the extent its value for that year made after the eff. exceeds its value for the year in which the agreement is executed. An agreement may governed by the lat. provide for the exemption of tangible personal property located on the real property in tax abatement agree. each year covered by the agreement other than tangible personal property that was mer law is continues located on the real property at any time before the period covered by the agreement with "(b) The change it: the municipality, and other than inventory or supplies. In a municipality that has a not affect the valid: comprehensive zoning ordinance, an improvement, repair, development, or redevelopment reinvestment zone or taking place under an agreement under this section must conform to the comprehensive ment made under t. zoning ordinance. and Tax Abatement of this Act." (b) The agreements made with the owners of property in a reinvestment zone must 1989 Legislation contain identical terms for the portion of the value of the property that is to he exempt Acts 1989, 71s1 1,, and the duration of the exemption. For purposes of this subsection, if agreements made form to Acts 1987, with the owners of property in a reinvestment zone before September 1, 1989, exceed 10 subset. (a) inserted years in duration, agreements made with owners of property in the zone on or after that abatement agrecmei date must have a duration of 10 years. following "governing (c) The property subject to an agreement made under this section may be located in the inserted "increase itt . extraterritorial jurisdiction of the municipality. In that event, the agreement applies to yeare property",and in taxes of the municipality if the municipality annexes the inwhich the age P Y P y property during the period ing "value of the pry. specified in the agreement. Acts 1989, 71st Lt (d) Property that is in a reinvestment zone and that is owned or leased by a member of (a) in the first sent the governing body of the municipality or by a member of a zoning or planning board or "shall" and substitut commission of the municipality is excluded from property tax abatement or tax increment of the real property u financing. erty located on the r "all or part of the u (e) The governing body of a municipality eligible to enter into tax abatement agree- property over its vale ments under Section 312.002 may agree in writing with the owner or lessee of real agreement is execute property that is located in a reinvestment zone to exempt from taxation for a period not to sentence. exceed 10 years a portion of the value of the real property or of personal property, or Section 2 of Acts both, located within the zone and owned or leased by a certificated air carrier, on the provides: condition that the certificated air carrier make specific real property improvements or "A tax abatement lease for a term of 10 years or more real property improvements located within the the effective date of reinvestment zone. An agreement may provide for the exemption of the real property in cause the agreement each year covered by the agreement to the extent its value for that year exceeds its value of ad valorem taxes o 270 ty. A tax abatement LO('Ai. TAXATION Title 3 LOCAL TAXATION Title 3n provide fort e for line V''ur in which the ahreemen1isrelxe1uted.lensed by agreement may rlrovide fora the exemption ofre nv pr•i'lit. In ol�rr 1 y witt►in the rcinvc:+t�nent zone in earh year covere nv�.ys tuwnt the K'rrno tat any rtim o* IIUon before thititerifle personal property that was located w thin the rei period covered by the agreement with the the. municipality. ►ci ai by Acts Leg.,ch. i mealenrenewel tax Added by Acts 1987,70th Leg.,ch. 191,§ Sept. ch.1987. §Amended eff. June 14,1989,9 71st Acts .,1 eb. Lion may does not affected for 2, § 14.10(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., an 71st Leg., ch. 1137, §§ 6, 7, eff. Sept. 1, 1989. Historical and Statutory Notes the effective date of this Act that provides for the abatement of ad valorem taxes on tangible § Sectione5softActs 1987, 70th Leg., ch. 1114, personal property and that is not invalid for any art. 1066f, 4(b). other reason is validated as of the date the provides: agreement was executed." 6, 7, in "(a) The change in law made by this Act ap Acts 1989, 71st Leg., ch. 1137, §§ ;its of tax increments, see plies only to the effect on other taxing units of a subset. (a), in the first sentence, "may agree" for"shall 'a portion substituted the tax under abatement Se agreement2, made by a city oror agree",tangible aorts n of the town Section 2, Property R066 f,Vernon'smens value of the real propertyern or both"l and Tax Abatement Act(Article 1066f,Ve ro rt located on the real property,o tax abatement agree Texas Civil Act or by a county ey under Sec P Pe Y lion 7A of that Act on or after the effective date for"all or part of the increase in the value oft e e taxable real property over its value in the year in which the ,vofement project financedagreement is executed", and "10 years" for "15 of this Act. The effect on other taxing units of Property under years"; inserted the second and third sentences; f the value of the real a tax abatement agreement made by a cityt under added the seconda sentence;n and Section 2 of that Act or by a county in subset. (b), property, or both, for a Section 7A of that Act before the effective date added subset. (e). -outstanding bonds of the of this Act, together with any amendments or d and (e) of Acts 1989, 71st :e specific improvements extensions of such tax abatement agreement Section 29(b), (d) ,., exemption of the real (even if such amendments or extensions are Leg., ch. 1137, provides: • this Act to nt its value for that year made after the effective date of this Act) is "(b) law made by red. An agreement may governed by the law in effect when the original Section The change in Code, relating tot Act t ra- 1 on the real property in tax abatement agreement is made, and the for lion of a tax abatement agreement appliesY mer law is continued in effect for that purpose. to an agreement executed on or after the effec- onal property that was .d by theagreement with „(b) The change in law made by this Act does to date of this Act. An agreement executed not affect the validity of the designation of a before the effective date of this Act is governed municipality that has a pment, or redevelopment reinvestment zone or of a tax abatement agree- by Section 312.204,Tax Code,or by former Arti- ment made under the Property Redevelopment cle 1066f, Vernon's Texas Civil Statutes, as ap rm to the comprehensive and Tax Abatement Act before the effective date plicable, as the law existed when the agreement of this Act." was executed." The change in law made by this Act does reinvestment zone must 1989 Legislation ch. 2, § 14.10(a), to con "(d)not affect of a zone arty of ir to be t Acts 1989, 71t Leg•, 1, in designated the validitya the effective datereinvestmentof this Act :tiro, if agreements made form to Acts 1987,e70thd "eligible Leg., ch. 1114, § or of a tax abatement agreement executed or Camber 1, 1989, exceed 10 abatementsubsec. (a) agreements)►undler Section 312.002" extended before the effective date of this Act. the zone on or after that following "governing body of a municipality "(e) A tax abatement agreement executed be inserted "increase in the" preceding "value of may the property",and inserted"over its value in the fore the effective date of this Act is not invalid lion be located in the because the agreement provides for the aba personal the agreement applies to year in which the agreement is executed" follow- mere of ad valorem nt pr of tangible operty during the period ing cvalue 9f the pregerty". 1 in subsec. property' A tax abatement agreement executed ch. 486, § Acts 1989, 71st Leg.. before the effective date of this Act that pro- substituted of"may"e value bidores for the abatemente d of valorem taxes o- oron g oleased by a member of "shall"(a) in the first sentence"a foru or planningboard or and substituted portion tangible personal property and that is not invalid g of the real property or of tangible personal prop- for any other reason is validated as of the date hatement or tax increment erty located on the real property, or both" for the agreement was executed." "all or part of the increase in the value of the Prior Law: into tax abatement agree- property over its value in the year in which the owner or lessee of real agreement is executed", and inserted the second Acts 1981,67th Leg.,1st C.S.,p.53,ch.5,§§ 1 r.axation for a period not to sentence. ch. 486, to 6• •r of personal property, or Section 2 of Acts 1989, 71st Leg., Acts 1985, 69th Leg., ch. 104, § 1• ificated air carrier, on the provides: Acts 1987, 70th Leg., ch. 1114, $ 1. property improvements or "A tax abatement agreement executed before tement Acts 1989, 0th ch. 2, § , § 1.c). ements located within the the effective date of this Act is not invalid be- Acts 1 8 71st Leg.,.St. art. 1066f, §§ 2(a), 4(c), the of the real property its value in of ad valorecause the m taxes tonrtangiblovides e personal r the apr per -that year exceeds its value ty. A tax abatement agreement executed before 2 (d). 71 rt.;--,- • § 312.204 LOCAL TAXAT . ioldIA .11. TAXATI' Tub lbws i Cross References Designation of reinvestment zones, as ,.wide for low Abatement by other taxing units, agreement, § 312.201. ....,filar characte see § 312.206. Terms of agreement, see 312.205. * County tax abatement agreements, application g § t_1 an econor. of this section, see § 312.402. t9, a descri) ,fated costs of § 312.2041. Notice of Tax Abatement Agreement to Other Taxing Units G9) a map sh, (a) Not later than the seventh day before the date on which a municipality enters tsar '11e' an agreement under Section 312.204, the governing body of the municipality or • l 11 a map sh designated officer or employee of the municipality shall deliver to the presiding officer v (5) proposed the governing body of each other taxing unit in which the property to be subject to u. .:id city ordim_ agreement is located a written notice that the municipality intends to enter into U. ...led by Acts 19r 4 agreement. The notice must include a copy of the proposed agreement. (b) A notice is presumed delivered when placed in the mail postage paid and propertt addressed to the appropriate presiding officer. A notice properly addressed and sent L; The revised registered or certified mail for which a return receipt is received by the sender a :,n agreement considered to have been delivered to the addressee. the city or to'. (c) Failure to deliver the notice does not affect the validity of the agreement. cma sen t Se. coontain the Added by Acts 1989, 71st Leg., ch. 2, § 14.11(a), eff. Aug. 28, 1989. Amended by Acts 1989, 716. Leg., ch. 1137, § 8, eff. Sept. 1, 1989. Historical and Statutory Notes "A tax abatement agreement executed by a riutr Law: 1989 Legislation taxing unit under Chapter 312, Tax Code, u , \cts 1981,67th Chapter 5, Acts of the 67th Legislature, 1,: to 6 Acts 1989, 71st Leg., ch. 2, § 14.11(a), added Called Session, 1981 (former Article 1066f, Vet this section to conform to Acts 1987, 70th Leg., non's Texas Civil Statutes), before September 1 ch. 423, § 1. 1989, is not invalid because the taxing unit failed Acts 1989, 71st Leg., ch. 1137, § 8, rewrote to give prior notice of the proposed agreement a. abatement by subset. (c) which prior thereto read: the other taxing units in which the property o , .�rcement, see t. "An agreement made under Section 312.204 is located as required by that chapter or the former y'e law at the time the agreement was executed. a not valid unless, for each taxing unit in which tax abatement agreement executed before Sep i 312.206. Ta ;. 'r the property subject to the agreement is located: temper 1, 1989, that is not invalid for any lessor. (a) I f propt "(1) the notice is delivered to the presiding other than the failure to give such prior notice to `., officer of the governing body as required by the other taxing units is validated as of the date :riei abated um'. this section; or the agreement was executed." ther taxing u: "(2) the governing body by official action ith the pro: `a waives its right to receive the notice required Prior Laws: iroperty not 1. 4 by this section." Acts 1987, 70th Leg., ch. 423, § 1. The agreemen Section 28 of Acts 1989, 71st Leg., ch. 1137, Acts 1989, 71st Leg., ch. 2, § 14.11(b). uwnicipality p under the agr § provides: Vernon:s Ann.Civ.St. art. 1066f, 2(f). agreement ut ' § 312.205. Specific Terms of Tax Abatement Agreement agreement a id executed and - (a) An agreement made under Section 312.204 must: municipal agr (1) list the kind, number, and location of all proposed improvements of the property; action at any enter into an (2) provide access to and authorize inspection of the property by municipal employees by the terms to ensure that the improvements or repairs are made according to the specifications and under Section conditions of the agreement; agreement re (3) limit the uses of the property consistent with the general purpose of encouraging agreement al development or redevelopment of the zone during the period that property tax exemp- expressed it tions are in effect; and agreement is of the proper (4) provide for recapturing property tax revenue lost as a result of the agreement if would apply the owner of the property fails to make the improvements or repairs as provided by the (b) If pro} agreement. abated mid, (b) An agreement made under Section 312.204 may include, at the option of the of the agree governing body of the municipality, provisions for: exempt in ea (1) improvements or repairs by the municipality to streets, sidewalks, and utility taxing unit, services or facilities associated with the property, except that the agreement may nut agrctrtutvil ‘ 272 LOCAL TAXATIrIS4 tivCAL TAXATION $ 312.206 T*+r . M►k 3 ',vestment zone. .. r►ovide for lower charges or rates than are made for other services or properties of a szmilar character: gee § 312.205. 12, an economic feasibility study. including a detailed list of estimated impmvement 'fists, a description of the methods of f irar Oink all estirr;atf.rl ,:osta and the time when relalocI ensts or monetary fllrligatiluls :Ire IA) he ileurred; og llnlla I11 a map gliowiug vxistlllg uses and conditions of real property in the reinvestment unicipality enter- --. '-one; -he municipality (Al a map showing proposed improvements and uses in the reinvestment zone; and the presiding offic,• (5) proposed changes of zoning ordinances, the master plan, the map,building codes, ty to be subject to •+- and city ordinances. ?nds to enter into •s. tiled by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987. ement. tage paid and prop.—`• Revisor's Note addressed and sent '. The revised law omits the requirement in former Section 2(c), V.A.C.S. Article 1066f, that ived by the sender • an agreement under Subsection (d) of Section 2(an agreement by a taxing unit other than the city or town)may contain the provisions set out in Subsection(c),because Subsection(d), he agreement. revised in Section 312.206 of this title, requires an agreement by another taxing unit to contain the same provisions set out in Subsection (c) as the city or town's agreement. ended by Acts 1989, 7• Historical and Statutory Notes c reement executed h' Vernon's Ann.Civ.St. art. 1066f, § 2(b), (c). K Prior Law: apter 67th3 Tax Code. •• Acts 1981,67th Leg., 1st C.S.,p.53,ch.5,§§ 1 he Legislature. to 6. ''ormer Article 1066f, V'•- j ites), before September ' iCross References :fuse the taxing unit fai' he proposed agreement •• Co in which the propert% Abatement by other taxing units, terms of of th s section,abateme ee § nt31 agreements, ge ements,application that chapter or the form-- lgreement, see § 312.206. reement was executed. • pent executed before 5r 5 312.206. Tax Abatement by Other Taxing Units not invalid for any rear-• ; (a) If property taxes on property located in the taxing jurisdiction of a municipality o give such prior notice t• Iare abated under an agreement made under Section 312.204, the governing body of each is validated as of the chit, ^cuted." r other taxing unit eligible to enter into tax abatement agreements under Section 312.002 in ( which the property is located may execute a written agreement with the owner of the 1 property not later than the 90th day after the date the municipal agreement is executed. . ch. 423, § 1. ; The agreement must contain terms identical to those contained in the agreement with the . rh. 2, § 14.11(h). municipality providing for the portion of the property that is to be exempt from taxation art. 1066f, § 2(f). ' under the agreement, the duration of the agreement, and the provisions included in the agreement under Section 312.205, even if the value of the property at the time the agreement is executed is not the same as its value when the municipal agreement was executed and even if improvements or repairs have been made to the property since the municipal agreement was executed. If the governing body of the taxing unit by official ments of the property. action at any time before the execution of the municipal agreement expresses an intent to munici al em to ees enter into an agreement with the owner of property under this subsection or to be bound Y P P Y bythe terms of the municipal al agreement if the municipality enters into an agreement the specifications and ? under Section 312.204 with the owner relating to the property,the terms of the municipal agreement regarding the share of the property to be exempt in each year of the municipal ,urpose of encouraging agreement apply to the taxation of the property by the taxing unit. If the taxing unit that At property tax exemp- expressed its intent to enter into an agreement or to be bound by the municipal agreement is a county, those terms of the municipal agreement also apply to the taxation gilt of the agreement if of the property by a taxing unit in the county to which a county tax abatement agreement airs as provided by the would apply under Section 312.004. (b) If property taxes on property located in the taxing jurisdiction of a municipality are at the option of the abated under an agreement made by the municipality before September 1, 1989,the terms of the agreement with the municipality regarding the share of the property that every other exempt in each year of the agreement apply to the taxation of the property by ry sidewalks, and utility taxing unit, other than a county or school district, in which the property is located. If the lie agreement may not agreement was made before September 1, 1987, the terms regarding the share of the 273 i • § 312.206 LOCAL TAXATION LOCAL TAX Title 3 Title 3 property to be exempt in each year of the agreement also apply to the taxation of the (b) On app. property by a county or school district. manner as of (c) If the governing body of a municipality designates a reinvestment zone that includes Added by Act; property in the extraterritorial jurisdiction of the municipality, the governing body of a Histori taxing unit eligible to enter into tax abatement agreements under Section 312.002 in which the property is located may execute a written agreement with the owner of the Prior Law: property to exempt from its property taxes all or part of the value of the property in the Acts 1981,67 same manner and subject to the same restrictions as provided by Section 312.204 for a to 6. municipality. The taxing unit may execute an agreement even if the municipality does not execute an agreement for the property, and the terms of the agreement are not § 312.208. Ni required to be identical to the terms of a municipal agreement. However, if the (a) At any • governing body of another eligible taxing unit has previously executed an agreement to agreement m:. exempt all or part of the value of the property and that agreement is still in effect, the that could ha' terms of the subsequent agreement relating to the share of the property that is to be not necessar exempt in each year that the existing agreement remains in effect must be identical to procedure by those of the existing agreement. agreement m:. (d) If property taxes are abated on property in the extraterritorial jurisdiction of a agreement. municipality due to an agreement with a county or school district made before September (b) An agr: 1, 1989, the terms of the agreement with the county or school district relating to the share consent of ti of the property that is to be exempt in each year of the agreement apply to the taxation executed. of the property by every other taxing unit, other than a municipality, school district, or Added by Acts county, in which the property is located. 1137, § 10, eff. Added by Acts 1987,70th Leg.,ch. 191,§ 1,eff.Sept. 1, 1987. Amended by Acts 1989,71st Leg.,ch. 2, § 14.10(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1137, § 9, eff. Sept. 1, 1989. llistoris Historical and Statutory Notes Acts 1989, 71st Leg., ch. 1137, § 9, in subsec. 1989 Legislat 1987 Legislation (a), in the first sentence, substituted "other tax- The 1989 am, jug unit" for "county or school district", and ed "10 years" i For application and effect of the change in law inserted "not later than the 90th day after the Section 29(c) made by Acts 1987, 70th Leg.,ch. 1114,see note date the municipal agreement is executed"; in vides: under § 312.204. the second sentence, inserted "even if the value of the property at the time the agreement is "The change 1989 Legislation p p y g section(a),Sect. executed is not the same as its value when the Acts 1989, 71st Leg ., ch. 2, § 14.10(b), to con- municipal agreement was executed and even if the extension form to Acts 1987, 70th Leg., ch. 1114, § 1, in improvements or repairs have been made to the applies to an subsets. (a)and(c)substituted "county or school property since the municipal agreement was exe- occurs on or af. district eligible to enter into tax abatement cuted"; and added the third and fourth sen- even if the agi agreements under Section 312.002", preceded by tenses; in subsec.(b),substituted "by the munic- "each" in subsec. (a) and "a" in subsec. (c), for ipality before September 1, 1989" for "under § 312.209. A 1 "any other taxing unit"; in subsec. (a) deleted Section 312.204", and added the second sentence; "by the taxing unit" preceding "must contain"; in subsec. (c), three times substituted "taxing Section 2, A rewrote subsec. (b); in subsec. (c) substituted unit" for "county or school district", inserted applies to tht. "county or school district" for "taxing unit" in "and subject to the same restrictions", and des- Property Red, the second sentence, and added the third and ignated the last sentence as subsec. (d); and in Legislature, Ft fourth sentences relating to a previously exe- subsec. (d), substituted "made before September Added by Act cuted agreement and to property in extraterrito- 1, 1989" for "under this subsection". I Articles 101:, rial jurisdiction. Subsection (b)previously read: Prior Law: "If the governing body of a taxing unit does Acts 1981,67th Leg., 1st C.S.,p.53,ch.5, §§ 1 f not execute an agreement as provided by Sub- to 6. This sect. section (a) applicable to property subject to a Acts 1985, 69th Leg., ch. 104, 1 et seq. 1 of Chapter municipal agreement, the taxing unit may not , § Acts 1987, 70th Leg., ch. 1114, 1. subchapter tax the property at a value greater than the § Acts 1989, 71st Leg., ch. 2, 14.10(c). removal of value at which the property was taxed in the Vernon's Ann.Civ.St. art. 1066f, d sign requir• year preceding the execution of the agreement § ( ), (e)• Subsection with the municipality. This limitation extends Cross References exclusive. for a period equal to twice the duration of the County abatement agreements,effect on other municipal agreement." taxing units, see § 312.402. § 312.207. Approval by Governing Body SUBCHA i (a) To be effective,an agreement made under this subchapter must be approved by the affirmative vote of a majority of the members of the governing body of the municipality Acts 19- or other taxing unit at a regularly scheduled meeting of the governing body. read "Co,, 274 , -,.w-5 ,,-..,_s. • Yi INTERDEPARTMENTAL MEMORANDUM TO : Steve Norwood FROM: Steve Deiter `� A SUBJECT : Architectural Services Agreement DATE : August 9 , 1993 ********************************************************************************* I have reviewed the above referenced agreement, which is contained in the form of a letter of engagement dated July 29, 1993 and containing pages one through four, inclusive. I am approving the agreement, as to form, and have indicated such approval by signing each of the four originals, which I am returning herewith. I note that the City's address is incorrectly stated as being 200 Highway 78 North, throughout the agreement. However, since this is an error of little or no consequence it may be ignored. I would also note that the City should be familiar with what is it, and is not, getting under the terms of the agreement. From my knowledge of the facts, it appears that the document accurately represents what the Council approved at its July 29, 1993 meeting, but I do not have all of the necessary to make such a conclusion without reservation. If you require further action regarding this matter on my part please advise. Hatfield Crookless Architects, Inc. Architecture Master Planning Space Planning + Interiors Construction Management August 3, 1993 Mr. Steve Norwood City Manager City of Wylie 200 Highway 78 North Wylie, Texas 75098 Re: Conceptual and Limited Architectural Services Agreement Municipal Facilities, City of Wylie, Texas HCA #93039 Dear Steve In reference to my conversation this morning with Sherrie of your office, I am enclosing four (4) copies of the Letter of Agreement, dated July 29, 1993, for review and execution by the City of Wylie. These agreements are identical, without changes, to the agreement FAXed to your office last week. All four of the attached copies have been signed and sealed by the Architect. Upon your review and approval, please execute all copies in the spaces provided for the various Owner signatures. Upon execution, please return one (1) executed copy to this office for our files and retain three (3) executed copies for the City of Wylie records. It will be a pleasure to attend the Wylie City Council work session on Thursday, August 12, 1993, at 6:30 pm, in the Council Conference Room. At that time, we can introduce our firm to the council and respond to the Council's questions. We will also be able to discuss the Council's parameters for the planning of a new Municipal Service Center on the property as directed by the Council and Staff. Thank you again for this opportunity to be of service. If you have questions or if you need additional information, please feel free to contact me. We look forward to the establishment of a smooth, efficient, and long lasting working relationship with you, your staff, the Public Works Division personnel, the City Council, and the City of Wylie. Sincerel Hattie!' Crookless Architects, Inc. / /ft or an P. Hatfield, Jr., AIA Exe . Vice-President Enclosures (4) Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookless, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) Hatfield Crookless Architects, Inc. Architecture Master Planning Space Planning + Interiors Construction Management July 29, 1993 Mr. Steven P. Norwood City Manager City of Wylie 200 Highway 78 North Wylie, Texas 75098 Re: Proposal for Conceptual and Limited Architectural Services City of Wylie, Municipal Service Center, Wylie TX HCA #94040 Dear Mr. Norwood, This letter is in response to our telephone conversation today and per your request. It is a pleasure having the opportunity to present this proposal of services for your review and approval. We find that this descriptive letter of services, charges and expectations forms an effective basis for a working agreement between the Owner and the Architect; therefore, this letter, when reviewed and executed, will constitute the form of agreement for the work listed below as follows: The OWNER: The City of Wylie (of Collin County), Texas, with offices at 200 Highway 78 North, Wylie, Texas 75098, 214/442-8120. The ARCHITECT: Hatfield Crookless Architects, Inc., (a Texas Business Corporation) Norman P. Hatfield, Jr., Vice President, Christian H. Crookless, President, with offices at 7515 Greenville Avenue, Suite 310 LB-519, Dallas, Texas 75231, 214/363-9100. The WORK/PROJECT: The Conceptual and Limited Architectural Planning Services related to the development of the Municipal Service Center for the City of Wylie, Texas. 1 . THE SERVICES OF THE ARCHITECT : 1 .1 Program Development: The Architect will meet with representatives of the City Council, City Staff, and Municipal Public Works personnel as directed by the City Manager to become generally familiar with the intended scope and extent of planning services required to develop a written Program Statement for the Development of the City of Wylie, Municipal Service Center. 1 .2 Site Evaluation: The Architect will represent the Owner by rendering opinions as to proposed properties to be considered as potential sites for the development of the City of Wylie, Municipal Service Center. 1 .3 Conceptual Site Planning: Upon the Owner's approval of the Program Development (paragraph 1.1) and upon the Owner's direction as to the particular Site(s) (paragraph 1.2) to be investigated, the Architect will prepare a Conceptual Site Plan Study (or Studies) which illustrate, to relative scale in the opinion of the Architect, a conceptual utilization plan of the proposed site(s) for the phased development of the subject property as a Municipal Service Center for the City of Wylie, Texas. Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookless, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) Limited Architectural Services Agreement Municipal Service Center,Wylie,Texas HCA #93040 July 29, 1993 Page 3 f. Civil Engineer's Time (David Dick, P.E.) at a fixed rate $80.00 per hour (no multiple factor) g. Clerical and Typist Time at a fixed rate of $22.00 per hour (no multiple factor). 4.2 Customary Reimbursable Expenses will be billed to the Owner at the cost of the expense to the Architect plus a 20% mark-up to cover the cost of the Architect's processing, mailing, coordination, and handling. Reimbursable Expenses include the expenditures made by the Architect in the interest of the project as follows: a. Expense of Travel, long distance communication, and fees paid for securing approvals of authorities having jurisdiction over the project. b. Expense of all reproductions, printing, photography, processing, delivery services, computer plots, computer scans, computer translations, postage and handling of Drawings, Specifications and other documents. c. Expense of renderings, models and mock-ups requested and authorized by the Owner. d. Expense of additional outside consultants needed for the work and as approved by the Owner. The Architect will coordinate the services of the additional consultants as an additional service of the Architect. 5. OTHER CONDITIONS 5.1 Payments: Payments made under this agreement shall be made in the primary office of the Architect and shall be due and payable by the Owner to the Architect upon receipt of the invoice. 5.2 Termination: In the event that this project is terminated before any phase of the Architect's work is complete, the above stated hourly rates will be used to compute partial compensation plus expenses then due to the Architect. 5.3 Continuation of Services: The Architect will not proceed with further Architectural Services without specific written instructions from the Owner and the execution of the Standard Form of Agreement between the Owner and Architect for such related and Architectural Services. 5.4 Delinquent accounts, unpaid by the Owner for 30 days or more, shall be charged a finance charge of 1.00% per month on the delinquent amount. Steve, upon your review and approval of this agreement, please sign all Three (3) copies in the spaces provided. Please return one (1) executed copy to this office for my files and retain the remaining two (2) signed copies for your and the City's records. Thank you for this opportunity to be of continued service. Sincerely H ' Id rookless Architects, Inc. or an P. Hatfield, Jr. Ex utive Vice-President Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookless, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) Limited Architectural Services Agreement Municipal Service Center,Wylie,Texas HCA #93040 July 29, 1993 Page 4 AGREEMENT APPROVAL: This Agreement is entered into on the date of the Owner's approval written below. OWNER: The City of Wylie, Collin County, Texas 200 Highway 78 North Wylie, Texas 75098 Approval Date: by: by: Steven P. Norwood John W. Akin City Manager Mayor of the City of Wylie EI =s ITECT: Hatfield Cr kless Architect , "c. ---Th 7515 Green Ile Avenue, Sui D as, T s 75231 / f4-/::/), by: '/ / by: 4� N rman P. e , Chris is'-Crookless E4ecutive Vice Pr ide President Thie Texas Board of Arc ' ctural Examiners, 8213 Shoal Creek Blvd., Suite 107, Austin, Texas 78758, has jurisdiction over individua licensed under the Architects Registration Law Article 249a,VTCS. Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookless, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) Limited Architectural Services Agreement Municipal Service Center,Wylie,Texas HCA #93040 July 29, 1993 Page 2 1 .4 Statement of Probable Costs: Upon the Owner's approval and direction to the Architect of a preferred conceptual site utilization study (paragraph 1.3), the Architect will prepare, to the best of his professional ability, a Statement of Probable Cost for development of the subject property as a Municipal Service Center for the City of Wylie. 1 .5 Presentation(s): The Architect will assemble and present the above information and graphics for review by the Owner's representatives and, upon the Owner's direction, assist in the presentation of the planning scenarios and related probable cost information to the City of Wylie City Council for review and direction as to possible further action. 1 .6 Limited Service: The services of the Architect listed in 1.1 thru 1.5 above are limited in nature and are NOT to be considered as Basic Services of the Architect. The planning services will relate to conceptual utilization of the subject property or properties and will not deal with the detailed Architectural character of proposed buildings, their internal floor plans for development on the site, and exterior aesthetics (elevations) unless expressly directed by the Owner for an expansion of the Architect's responsibilities. 2. OWNER'S RESPONSIBILITIES 2.1 Project Requirements: The Owner will provide full information regarding the requirements of the project and financial requirements for the Development of the project. 2.2 Site Survey: The Owner will, upon the Architect's recommendation to the Owner, provide a full site survey and legal description of the subject property or properties. 3. TIME: The Architect will perform the services described and as necessary in a manner which is expeditious and consistent with professional skill, care and orderly progress of the work. The Architect and Owner will develop a mutually agreeable Project Delivery Schedule for the various parts and phases of the work. To the best of his ability, the Architect will try to adhere to the agreed upon schedule and completion dates. 4. COMPENSATION: 4.1 Compensation for the Architect's Services: Compensation for the Architect's Conceptual and Limited Services, as described in Section 1 above, shall be calculated on an hourly basis not to exceed Five Thousand dollars and no cents ($5,000.00) plus reimbursable expenses (paragraph 4.2 below). The Architect's scale of hourly charges shall be as follows: a. Principal's Time (Christian H. Crookless, President and Norman P. Hatfield, Jr., Executive Vice-President) at the fixed rate of$80.00 per hour (no multiple factor). b. Project Architect's Time (registered Architect) at the fixed rate of $50.00 per hour (no multiple factor). c. Architectural Production Personnel's Time (non registered) at the fixed rate of $35.00 per hour (no multiple factor). d. CADD Personnel's Time at a fixed rate of $65.00/hour (no multiple factor). e. Interior Designer's Time at the fixed rate of $62.50/hour (no multiple factor). Norman P. Hatfield, Jr., Principal Architect Hatfield Crookless Architects, Inc. Christian H. Crookless, Principal Architect 7515 Greenville Avenue Suite 310 LB-519 Dallas,Texas 75231 214/363-9100 (FAX: 214/363-0143) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,AGREEING TO DEVELOPMENT REQUESTS OF THE JD. RUSSELL COMPANY FOR A DEVELOPMENT TO BE LOCATED ON REGENCY ROAD WHEREAS, the J.D. Russell Company has requested certain development incentives from the City of Wylie, and WHEREAS, the City Council of the City of Wylie is anxious to assist business development that will benefit the Wylie economy and tax base, and WHEREAS, the City Council of the City of Wylie agrees to certain development incentives requested by the J.D. Russell Company NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie, Texas, that: SECTION 1: The City of Wylie will grant tax abatements of 200% over a four year period contingent upon and effective only if the J.D.Russell Company adds $750,000 in new value to the property. SECTION 2. The City of Wylie will install utility extensions of water and sewer lines from Regency Road to Hooper Road when Phase II begins (approximately two years) contingent on the J.D. Russell Company doing additional expansion of not less than 10,000 square feet and adding five full-time jobs by May, 1996. SECTION 3. The City of Wylie will receive all applicable pro-rata payments for costs on both the water and sewer lines. SECTION 4. The City of Wylie will make necessary improvements within 24 months to upgrade the water pump station at Steel and Hooper Roads as well as integrate that system into Wylie's main water system. SECTION 5. The City of Wylie will consider improvement of Regency Road north of Steel in future budget years and as part of joint venture proposals but does not commit funds for the project at this time. SECTION 6. The City of Wylie will not waiver any portion of the estimated $12,600 in required impact fees for a commercial classification. SECTION 7. This agreement applies only to the J.D. Russell Company and only to the site located on Regency Road. SECTION 8. This agreement shall take effect immediately upon its adoption and will become void on August 1, 1994, if no building permit has been issued by that date. DULY PASSED AND APPROVED this the 12th day of August, 1993. APPROVED ATTEST MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: BFI Agreement/Franchise r Refuse Services DATE: August 9, 1993 Although the Council has previously approved BFI as the provider of refuse services for the City and approved the conditions and requirements of such service, no formal contract was approved between the parties. I am forwarding herewith a proposed contract which grants a franchise to BFI for refuse services in the City for two years commencing from July 1, 1993. For the most part the agreement is very similar to the previous contract. The two notable exceptions being the new agreement has provisions for recycling collection and requires only once per week regular trash pick up. The agreement needs to be approved by the passage of an ordinance (copy also forwarded herewith) which incorporates the agreement and authorizes it execution. In addition to the ordinance approving the agreement (granting the franchise) it is also necessary to adopt another ordinance to changes the City's charges for refuse services. The BFI agreement governs only prices which BFI charges and does not cover those which the City then bills its customers. I have prepared such an ordinance and forward a copy of the same herewith for your review. I am suggesting that both ordinances be adopted at the August 12, 1993 Council meeting. Should any of you have any questions on this matter please let me know. cc: Steve Norwood Brady Snellgrove 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,GRANTING A FRANCHISE FOR REFUSE COLLECTION, REMOVAL AND DISPOSAL WITHIN THE CITY OF WYLIE TO BROWNING-FERRIS INCORPORATED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has recently negotiated a contract (Agreement) with Browning-Ferris Incorporated (BFI) for refuse collection within the City on terms and conditions deemed to be favorable to, and in the best interest of, the City; and, WHEREAS, the City Council desires to implement and give effect to the Agreement by providing for the execution and adoption thereof in the form of an ordinance granting such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The City of Wylie hereby grants a franchise for refuse collection, removal and disposal within the City to Browning-Ferris Industries, on the terms and conditions of the Contract attached hereto as "Exhibit A" and fully incorporated herein and made a part hereof by reference. SECTION II The Mayor, the City Manager, and the City Secretary are hereby authorized and directed to properly execute the original(s) of such agreement as the act and deed of the City. SECTION HI 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 V That all other ordinances and code provisions in conflict herewith 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 VI 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 12th day of August, 1993. By John W. Akin Mayor A IT EST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,ESTABLISHING FEES FOR THE RESIDENTIAL AND NON-RESIDENTIAL COLLECTION OF GARBAGE, TRASH, BRUSH AND RECYCLABLE MATERIALS; AMENDING SECTION 9 OF APPENDIX A TO THE WYLIE CITY CODE; AMENDING PORTIONS OF ORDINANCE 92-4 AND FURTHER REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has renegotiated its contract for solid waste refuse service with its current contractor Browning-Ferris Industries (BFA); and, WHEREAS, the new agreement with BFA provides for changes in rates to City for certain services, including a reduction in rates for residential services; and, WHEREAS, the City Council has determined that it is the rates the City is charging its customers for refuse services should be adjusted to reflect the reduction in prices which the City has received from BFI; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 9 of Appendix A to the Wylie City Code be, and it hereby is, amended as follows: Section 9.01(a) The rate for residential services is changed from $10.55 to $9.85 per month. Section 9.01(c) The rate for each unit of a single family detached or duplex (not master metered) is changed from $10.55 per month to $9.85 per month. Section 9.01(d) The rates for Duplex, Multi-family, Trailer Park are changed from $10.55 per month to $9.85 per month; and the rate for residential unit (utility customer outside City) is changed from $13.10 to $12.31 per month. Section 9.02(a) The rate for less than five bags per week is changed from $18.91 per month to $15.72 per week. 1 Section 9.02(b) The rate for five to eight bags per week is changed from$35.15 to 29.18 per week. Section 9.02(c) The rate for nine to twelve bags per week is changed from $51.30 to 42.64 per week. Section 9.03 Special Charges: The charge for a return check is changed from $15.00 to $15.20; and the per month rental rate for roll off containers is deleted. SECTION II In the event of non payment of charges for the above services City shall have the right to deny further service to such non paying person or customer. 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 V That all other ordinances and code provisions in conflict herewith 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 VI 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 12th day of August, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 • public services and utilities and to manufacture, B. To require all extensions of services within the distribute and sell the output of such service and city limits to become part of the aggregate utility operations. The city shall have such property of the service and operate subject to regulatory and other power as may now or hereafter all obligations and reserved rights contained in be granted under the constitution and laws of the this charter. This extension is considered part State of Texas. of the original grant and terminable at the same time and under the same conditions as Section 2: Power to Grant Franchise the original grant. The city council has the power to grant,renew and C. To require expansion and extension of extend all franchises of a public service operating facilities and services and to require within the city and, with the consent of the maintenance of existing facilities to provide franchise, to amend the same. No franchise shall adequate service at the highest level of be granted for a term of more than twenty (20) efficiency. years from the date of the grant, renewal or extension. D. To require reasonable standards of service and quality of product and prevent unjust rate Section 3: Ordinance Granting Franchise discrimination. Any ordinance granting, renewing, extending or E. To impose reasonable regulations and amending a public service franchise shall not take restrictions to insure the safety and welfare of effect until thirty(30)days after the final adoption. the public. Within fifteen (15)days following the first reading of the ordinance,a summary of the ordinance shall F. To prescribe the form of accounts kept by each be published one (1) time in a newspaper of utility. Accounts must be kept according to general circulation in the city with the expense of the accounting system prescribed by the such publication borne by the prospective appropriate state or federal regulatory agency. franchisee. No franchise shall be exclusive. G. To examine and audit accounts and records and Section 4: Transfer of Franchise to require annual reports on local operations of the utility. No public service franchise is transferable, except with the approval of the city council. However, H. To require that procedural rules and regulations the franchisee may pledge franchise assets as dealing with public utilities conform to the security for a valid debt or mortgage. requirements of the appropriate state or other regulatory agency. Section 5: Franchise Value Not to be Allowed I. To require franchisee to restore,at franchisee's expense, all public or private property to a Franchises granted by the city are of no value in condition as good or better than before fixing rates and charges for public utility service disturbed by the franchisee for construction, within the city and in determining just repair or removal. compensation to be paid by the city for public utility property which the city may acquire by J. To require every franchisee to furnish,within a condemnation or otherwise. reasonable time to the city,at the franchisee's expense, a general map outlining current Section 6: Right of Regulation location,character,size,length and terminal of all facilities, over and underground of city In granting, amending, renewing and extending property and additional information on request. public service and utility franchises, the city has the following rights: K. To require every franchise and public service utilities operator within the city to file A. To repeal the franchise by ordinance for failure certified copies of all franchises owned or to begin construction or operation within the claimed or under which such utility is operated time prescribed or for failure to comply with in the city. This shall be done within six (6) terms of the franchise. This may be executed months after the charter takes effect. The city only after due notice and hearing. shall maintain a public record of public service franchises. • 24 CONTRACT THIS CONTRACT, made and entered into this day of August, 1993, by and between the City of Wylie, Texas, a Municipal Corporation of Collin County, Texas(hereinafter called the "City") and Browning-Ferris, Inc., (hereinafter called "Contractor"). WITNESSETH: WHEREAS, the parties hereto desire for Contractor to provide Refuse collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract; NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT The contractor is hereby granted a franchise, license and privilege with the territorial jurisdiction of the City and shall all personnel, labor, equipment, trucks, and all other items necessary to provide Refuse collection,removal and disposal services, and recycling collection as specified and to perform all of the work called for and described in the Contract. 2.00 DEFINITIONS 2.01 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 40 lbs. 2.02 Bin - Metal receptacle designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units. 2.03 Bulky Waste - Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than Construction Debris, Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Bins or Containers, as the case may be. 2.04 Bundle - Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length or 40 lbs. in weight. 2.05 City - City of Wylie, Texas. 2.06 Commercial and Industrial Refuse - All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit. 2.07 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. 2.08 Commercial Hand Collect Unit - A retail or light commercial type of business which generates no more than 12, 30-gallon bags of containers of refuse per week. 2.09 Construction Debris - Waste building materials resulting from construction, remodeling, repair or demolition operations. 2.10 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 19499 - 2 - 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. 2.11 Contractor - Browning-Ferris, Inc. 2.12 Dead Animals - Animals or portions thereof equal to or greater than 10 lbs. weight that have expired from any cause, except those slaughtered or • killed for human use. 2.13 Disposal Site - A Refuse depository including but not limited to sanitary 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 for processing or final disposal of Refuse and Dead Animals. 2.14 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, used 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, Rubbish or Stable Matter. 2.15 Hazardous Waste - Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate State agency by or pursuant to Federal or State 19499 - 3 - law, or waste, in any amount, which is regulated under Federal or State law. For purposes of this Contract, the term Hazardous Waste shall also include motor oil, gasoline, paint and paint cans. 2.16 Landfill - A facility used by the contractor where trash and garbage are disposed of by burying between layers of earth. 2.17 Producer - An occupant of a Commercial or Industrial Unit or a Residential Unit who generates Refuse. 2.18 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 not limited to, newsprint, plastic (pet and hdpe), glass containers, aluminum cans and metal (tin) cans. 2.19 Recycling Container - A plastic receptacle, designed for the purpose of curbside collection of recycling commodities, with minimum capacity of 18 gallons. 2.20 Refuse - This term shall refer to Residential Refuse and Bulky Waste, Construction Debris and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. 2.21 Residential Refuse - All Garbage and Rubbish generated by a Producer at a Residential Unit. 2.22 Residential Unit - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water 19499 - 4 - or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four 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. 2.23 Rubbish - All waste 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 mattresses, 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, floor sweeping, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. 2.24 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. 3.00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the performance standards, including all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract. A copy of said performance standards is attached hereto as Exhibit "B" and made a part hereof for all purposes. 19499 - 5 - 4.00 COLLECTION OPERATION 4.01 Service Provided (a) Contractor shall provide curbside collection service for the collection of Residential Refuse to each Residential Unit 1 time per week. Containers, Bags and Bundles shall be placed at curbside by 7:00 a.m. on the designated collection day. (b) Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Unit one (1) time per week. Containers shall be placed at curbside by 7:00 a.m. on the designated collection day. (c) Contractor shall provide Bin Collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement. The Contractor shall provide commercial hand collection service for commercial hand collect units as defined in 2.08 of definitions. (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter. Also, the Contractor may from time to time provide for the special collection of Dead Animals at Commercial and Industrial Units and Residential Units at its sole discretion and upon such terms and conditions as Contractor shall specify. (e) Contractor shall provide transportation of collected refuse to the landfill site for disposal, which responsibility is solely that of the landfill operator. 19499 - 6 - (f) The work under this Contract does not include the collection and disposal of any increased volume resulting from a flood, tornado or similar or different Act of God over which the Contractor has no control. In the event of such a flood, tornado, or other Act of God, the Contractor and the City will negotiate the payment to be made to the Contractor, if the Contractor and the City agree that such increased volume is to be handled by the Contractor. Further, if the City and the Contractor reach such an agreement, then the City shall grant the Contractor variances in routes and schedules as deemed necessary by the City Manager. 4.02 Location of Bins. Containers. Bags and Bundles for Collection (a) Each Container, Bag, Recycling Container and Bundle shall be placed at curbside for collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled City Roadways (including alleys). Containers, Bags and 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, Containers, Bats and Bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Container, Bag and Bundle not so placed or any Residential Refuse not in a Bag. (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 19499 - 7 - vehicles shall rest entirely on the pad while bin is lifted and emptied. 5.00 COLLECTION OPERATION 5.01 Hours of Operation (a) Collection of Residential Refuse shall not start before 7:00 a.m. or continue after 7:00 p.m. Exceptions to collection hours shall be affected 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. (b) Collection of commercial and industrial refuse shall take place according to individual agreement. 5.02 Routes of Collection (a) Residential Unit 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 the newspapers 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 19499 - 8 - approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion. 5.03 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 service on the holiday. If a holiday which Contractor chooses to observe falls on a Monday, collection will be made on Thursday of the same week; and if the holiday Contractor chooses to observe falls on a Thursday, collection will be made on Monday of the same week. 5.04 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 48 hours after the complaint is received. 5.05 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. 19499 - 9 - 5..06 Office - The Contractor shall maintain an office or such other facilities within close proximity to the City through which they 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. 5.07 Hauling - All Refuse hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented. 5.08 Disposal - All Refuse collected for disposal by the Contractor shall be hauled to a Disposal Site. 5.09 Notification - The City shall notify all Producers at Residential Units about complaint procedure, rates, regulations, and day(s) for scheduled Refuse collection. 5.10 Point of Contact - All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the City Manager or the City Finance Director and by the City to Contractor's District Manager or his/her designated Representative. 6.00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws; provided, however, the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting regulations of the City on the subject. 19499 - 10 - 7.00 EFFECTIVE DATE This Contract shall become effective upon the execution hereof by all parties and upon such execution shall be retroactively effective to July 1, 1993. 8.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. 9.00 INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees 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 or arising out of a claim that the City was not authorized to award this Contract or such was in conflict with the terms of a prior Contract executed by the City. 10.00 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. 19499 - 11 - 11.00 TERM The contract shall be for a two (2) year period beginning July 1, 1993 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. 12.00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Workmen's Compensation, Public Liability and Property Damage Insurance, including contractual liability coverage for the provisions of Section 9.00. 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 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 certificate 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: Worker's Compensation Employers Statutory Employer's Liability $500,000 Bodily Injury Liability $500,000 each occurrence Except Automobile $1,000,000 aggregate 19499 - 12 - Automobile Bodily Injury $500,000 each person Liability $1,000,000 each occurrence Automobile Property Damage $500,000 each occurrence Liability Excess Umbrella Liability $5,000,000 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. Any such self insurance plan will be subject to the approval of the City, and such approval shall not be unreasonably withheld. 12.01 Performance Bond - The Contractor will be required to furnish a corporate surety bond as security for th performance of this Agreement. Said surety bond may 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 and Disposal Rates (a) The rate for collection services required to be performed pursuant to Section 4.01 (a), (b) and (c) shall be the rates set forth in 19499 - 13 - Exhibit "A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 13.02. (b) For special collection provided by the Contractor pursuant to Section 4.01 (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. (c) The Refuse collection charges provided by Sections 13.01 (a)-(c) shall include all disposal costs. 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); (ii) orders,judgments or directives of any court or governmental body of instrumentality thereof; or (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 and local law reduces the amount of recyclable material provided pursuant to this Contract for collection and disposal, then Contractor and the City shall mutually agree to modify the rates accordingly. 19499 - 14 - 13.03 Contractor to Act as Collector - The Contractor shall submit statements to and collect from all Bin Type Commercial and Industrial Units for services provided pursuant to Sections 4.01 (c)-(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, Commercial Hand Collect, or Shared Dumpster 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 receipt of the invoice. 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 Units irrespective of whether or not the City collects from the customer for such service. 19499 - 15 - 14.00 TRANSFERABILITY OF CONTRACT Other than by operation of law, 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. 15.00 EXCLUSIVE CONTRACT The Contractor shall have the sole and exclusive franchise, license and privilege to provide refuse collection and removal and recycling collection 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 and Recyclable Materials 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 Bin Type 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. 19499 - 16 - 18.00 BOOKS AND RECORDS The City and 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 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 ge given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City 19499 - 17 - Council makes a finding that Contractor has failed to provide adequate refuse collection service for the City, or has otherwise substantially failed to perform its duties hereunder, the City Council may, by 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 to the City, at: P. O. Box 428 Wylie, Texas 75098 Attn: City Manager if to the Contractor, at: 4200 E. 14th St. Piano, Texas 75074 Attn: District Manager 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 19499 - 18 - 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 unenforceablity 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 between the parties hereto and cancels and supersedes all prior negotiations, representations, 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. 19499 - 19 - 26.02 Spring Clean-Up Campaign (a) Contractor shall provide ten (10) 30-cubic yard containers in multiple locations. (b) Contractor shall provide free collection and disposal up to 10 hauls of 30 cubic yards. IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agent, hereto affix our signatures and seals at Wylie, Texas, as of this day of August, 1993. CITY OF WYLIE, TEXAS A Municipal Corporation of Collin County, Texas SEAL of the City of By: Wylie, Texas Mayor and City Manager ATTEST: BROWNING-FERRIS, INC. By: . City Secretary District Manager 19499 - 20 - ATTACHMENT A CITY OF WYLIE, TEXAS JULY REFUSE AND RECYCLING SERVICE 1993 RATE Residential - Single Family $8.30 Duplex Unit - Per Unit $8.30 Trailer Park - Per Unit $8.30 COMMERCIAL SERVICE Hand Collect 1. Less than 5, 30 gal. bags per week $ 15.72 2. 5 to 8, 30 gal. bags per week $ 29.18 3. 9 to 12, 30 gal. bags per week $ 42.64 2 cu. yd. 1 x week $ 62.30 2 x week $101.25 3 x week $140.18 3 cu. yd. 1 x week $ 68.98 2 x week $111.26 3 x week $152.43 4 cu. yd. 1 x week $ 84.55 2 x week $124.62 3 x week $173.56 6 cu. yd. 1 x week $ 95.68 2 x week $159.11 3 x week $225.86 8 cu. yd. 1 x week $119.04 2 x week $189.19 3 x week $244.78 10 cu. yd. 1 x week $139.08 2 x week $235.87 3 x week $331.55 19499 - 21 - EXTRA PICKUPS 2, 3, 4, cu. yd. $ 28.93 6, 8, 10, cu. yd. $ 34.30 SPECIAL CHARGES Compactor Containers (42 cu. yd.) $253.65 Roll-Off Containers (30 cu. yd.) per haul $226.97 Roll-Off Containers Daily Rental per day $ 7.86 Delivery & Exchange of Roll-off $ 78.74 Delivery & Exchange of Front Load Containers $ 54.74 Return Check Charge $ 15.20 Tires (each) $ 5.00 19499 - 22 - ATTACHMENT B CITY OF WYLIE, TEXAS PERFORMANCE STANDARDS I. Residential and Commercial Hand Collection A. Schedule: Once weekly. B. Hours of Operation: 7:00 a.m. - 7:00 p.m. C. Placement: Curbside or Alley D. Approved Containers: 1. Plastic bags, 1.4 mil. thickness, 30 gallons in capacity. 2. A watertight receptacle of a solid and durable grade and metal not to exceed thirty (30) gallons in capacity. 3. Disposable closed containers not greater than 2 feet X 2 feet X 4 feet. 4. Bundles of brush less than 4 feet in length that can be handled by one man and placed at the curb. 5. Maximum weight bag, bundle or container: 40 pounds each. E. Spillage: Any spillage caused by us will be picked up immediately. Spillage caused by others or by inadequate containers will be the residents' responsibility. 19499 - 23 - F. Brush and Bulky Item Collection 1. Small amounts of 1 cubic yard or less (approximately five bags or bundles) will be collected with regular residential collection at no charge. 2. Large amounts will be collected after regular collection is completed. Residents will be charged at the rate of $1.00 per minute for time spent on collection. Minimum charge will be $10.00. Only those residents calling Contractor's dispatch office to request collection will be scheduled. G. Commercial Hand Collection Customer with an average monthly volume exceeding six cubic yards will use container service unless there are extraordinary circumstances. Any dispute in average monthly volume will be submitted to City officials for decision. II. Residential Recycling A. Schedule: Once weekly on Wednesday. B. Approved Containers: 1. 18 gallon plastic bin. 2. Additional bins may be purchased from Contractor by Producer. III. Commercial Container Collection A. Container Size Available: 2 cu. yd., 3 cu. yd., 4 cu. yd., 6 cu. yd., 8 cu. yd., 30 cu. yd., 42 cu. yd. 19499 - 24 B. Schedules Available: Five times weekly. C. Hours of Operation: 7:00 a.m. - Completion. D. New Service: A listing will be maintained in the yellow pages. Requests for new service will be filled within three working days. E. Extra Collections: If notified by 10:00 a.m. of service day, extra pick up will be performed that day. After 10:00 a.m., we will attempt to make the pick up that day. If unable, it will be made the following service day. There is a charge for extra pickups and refills. F. Blocked Containers: If access to a container is blocked, the driver will radio our dispatcher. A call will be placed to the location describing the obstruction. The driver will wait until the customer is contacted and the obstruction cleared. If not cleared, the driver will proceed on route. Customer may call in for an extra pickup, if desired, when access is clear. G. Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. The pick up will be re-scheduled when excess refuse has been removed. H. Container Maintenance: Containers that have been damaged will be exchanged or repaired within 5 working days of notification. If the damage is not due to our servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged at reasonable intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond our control, the container will be exchanged upon the request of the customer. A maximum of $50.00 for refurbishing will be charged. 19499 - 25 - I. Gates and Enclosures: Assistance will be requested for opening and closing gates at those locations which desire to place containers in enclosures. If customer will • not assist, an additional charge of $5.00 per month per container times number of pick ups per week will be added. J. Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. K. Casters: Casters are not available on our containers. L. Non-Payment: Customers will be notified in writing when 30 days past due. If unpaid after 45 days, customer will be notified in writing that service is being suspended until account is paid in full. A copy will be sent to Finance Department and Code Enforcement. If a customer is suspended twice, a deposit in the amount of one month's average billing will be required to re-establish service. This deposit will be refunded after one year of prompt payments by customer. IV. General A. Office Hours: 8:00 a.m. - 5:00 p.m. Monday - Friday. B. Holidays: New Years, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pick ups scheduled for these days may be omitted, subject to the make up requirements set forth in Section 5.03 of the Agreement. 19499 - 26 -