02-10-1998 (City Council) Agenda Packet AGENDA
WYLIE CITY COUNCIL
Wylie Municipal Complex
Tuesday, February 10, 1998
7:00 p.m.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATION
Presentation of Griffin Industries Settlement, Contribution To
Chamber of Commerce Scholarship Fund, and Meals on Wheels
CONSENT AGENDA ITEMS
1. Consider and Act Upon Approval of the Minutes from the January 27 Council
Meeting.
2. Consider and Act Upon adopting a resolution designating the Wylie News
as the official publication of the City for a single year.
3. Consider and Act Upon approving a resolution ordering a Joint Election with
the Wylie Independent School District and the Collin County Community
College District on May 2, 1998.
4. Consider and Act Upon approving a contract for election services
between the City of Wylie and the Collin County Elections
Administration for the May 2, 1998 municipal election.
ACTION ITEMS
5. Consider and Act Upon authorizing the City Manager to negotiate and award
an emergency contract for the completion of the water and sewer mains as
part of the Texas Community Development Program (TCDP) grant project.
6. Consider approval of a Preliminary Plat submitted by D.R. Horton
for a 114.78 acre, 359 lot residential development designated as
Twin Lakes Phase 1 subdivision east of S. Ballard Avenue.
STAFF REPORTS
CITIZEN PARTICIPATION
WORKSESSION
7. Planning and Zoning/ Development issues and ordinance
amendments.
EXECUTIVE SESSION
Hold Executive Session Under Section 551.074 Personnel
Matters- City Manager's Annual Evaluation.
RECONVENE INTO OPEN MEETING
Take any necessary action as a result of the Executive Session.
ADJOURNMENT
Posted on this 6th day of February, 1998 at 5:00 p.m.
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE.SIGN INTERPRETATION OR OTHER SPECIAL
ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY
CFf'RFTARV'C(1FFTCF AT dd7_R1A0 AR T1Nl d77�17A
WYLIE CITY COUNCIL
CONSENT AGENDA
Approval of Minutes
February 10, 1998
Consider and act upon approval of the Minutes from the January 27, 1998 Council Meeting.
Consent Agenda
Approval of Minutes
Page 1
WYLIE CITY COUNCIL
CONSENT AGENDA COMMUNICATIONPit
February 10, 1998
Issue
Consider and act upon adopting a resolution designating the Wylie News as the
official publication of the City for a single year.
Background
There are two requirements that must be met for a newspaper to meet the statutory
requirements as a newspaper of general circulation. First, the publication must be a
"newspaper" as defined by Section 2051.044, Texas Government Code. The section
defines the term "newspaper" as:
...any newspaper devoting not less than 25% of its total column lineage to the carrying of
items of general interest published not less frequently than once each week, entered as
second class postal matter in the county where published and having been published
regularly and continuously not less than twelve (12) months prior to the making of any
publication...
The second issue to consider is whether a particular publication is a newspaper of general
circulation. The following area newspapers have been surveyed as to their circulation, times
of publication, and advertizing costs for public notifications.
Newspaper Publication Advertising Approx. No.,
Dates Costs Subscribers
Wylie News Every Wednesday $ .83 cents per line 4,000
Plano Star Courier Wed - Sunday $ 10.50 per col. inch 15,000*
McKinney Courier Mon - Fri & Sunday $ .18 cents per word 8,500*
McKinney Messenger Every Thursday $ 7.65 per col. inch 7,650*
Garland News Thurs - Sun $ 13.99 per col. inch 10,000*
Dallas Morning News Daily $ 8.25 per line per day N/A
$ 9.19 per line Sunday
* The Number of Wylie Subscribers who receive this publication was not available
Consent Agenda
Designation of Official Newspaper
Page 1
Background -continued
The Wylie News meets the criteria for an official publication as provided by the statute. The
Wylie News was the official publication for the City in 1997.
Financial Consideration
Approximately $2,844.35 was spent on advertizing cost for public hearing notices and legal
notices during 1997.
Other Consideration
The City of Wylie Home Rule Charter states in Article 11, Section 2 "The City Council shall
declare an official newspaper of general circulation in the city. All ordinances, captions of
ordinances, notices and other matters required to be published by this charter, by city
ordinances, or by the constitution and laws of the State of Texas, shall be published in this
official newspaper." Texas Government Code Section 52.004 requires this action be taken
by City Council during the first month (January).
Board/Commission Recommendatio__n
N/A
Staff Recommendation
Staff recommends naming the Wylie News as the official newspaper.
Attachments
Resolution
Copy of Statute
Copy of Article 11, City Charter
II- tL
Prepared by Rev. ed by Fin ce City Manager Approval
Consent Agenda
Designation of Official Newspaper
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE
OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE.
WHEREAS, Section 52.004 of the Local Government Code, requires the City
Council of the City of Wylie, Texas ("City Council")to determine, by ordinance or resolution,
a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and
WHEREAS, the City Council finds that the Wylie News is a public newspaper of
general circulation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: That the City Council of the City of Wylie, Texas hereby determines
and established the Wylie News as the official newspaper for Wylie until the time that
another selection is made by the City Council.
SECTION 2: That this resolution shall take effect immediately upon its passage.
DULY RESOLVED by the City Council of the City of Wylie, Texas, on this the 10th
day of February, 1998.
Jim Swartz, Mayor
Attest
Texas Government Code. Section 2051.044
defines the term"newspaper"as:
...any newspaper devoting not less than 25%
of its total column lineage to the carrying of
items of general interest published not less
frequently than once each week,entered as
second class postal matter in the county
where published and having been published
regularly and continuously not less than
twelve(12)months prior to the making of
any publication...
TEX.GOUT CODE ANN.,Section
2051.044(Vernon 1995).
The second issue to consider is whether
a particular publication is a newspaper of
general circulation. The term"general
circulation"was construed by a Texas court
in the race,City of Corpus Christi v.Jones,144
S.W.2d 388(Tex.Civ.App.-San Antonio
1940,writ dism d). In holding the
• newspaper to be one of general circulation,
the court stated that although publicity was
given to the activities of churches and
religious organizations,the news coverage in
the newspaper was not restricted to such
activities and the paper contained news items
of general interest,editorials,and
advertisements. Furthermore,the paper had
a circulation of about 4,000 with 1,200 paid
subscribers in a city with a population of •
45,000.
---- ORGANIZATION OF MUNICIPAL GOVERNMENT § 52.013
`.f
ns executing the s mayor shall sign the ordinances and resolutions that evidence of the adoption of the ordinance and of the
after the date of the mayor approves. required publication.
by the municipal.''' (b) If the mayor does not sign an ordinance or (c) An ordinance required to be published by this
,_ resolution before the fourth day after the date it is section takes effect when the publication requirement
to a referendum` placed in the secretary's office and does not return the is satisfied unless the ordinance provides otherwise.
state constitution ordinance or resolution under Subsection(c), the ordi- An ordinance that is not required to be published by
nance or resolution takes effect as provided by law. this section takes effect when adopted unless the
i 6(a), eff. Aug. 28 .;. (c) If the mayor returns an ordinance or resolution ordinance provides otherwise.
to the governing body with a statement of objections ! (d) If a Type A general-law municipality publishes
•
MUNICIPAL •_: before the fourth day after the date the ordinance or i its ordinances in pamphlet or book form, the publica-
resolution is placed in the secretary's office, the gov- tion in the official newspaper of an ordinance included
erring body shall, on the return, reconsider the vote in the pamphlet or book is not required if the ordi-
by which the ordinance or resolution was adopted. If nance was published previously in the official newspa-
'ROVISIONS a majority of the total number of members of the per. A court shall admit without further proof an
ESER.4L- governing body, excludingthe mayor, approve the I ordinance of a
ES B g y pp Type A general law municipality that is
ordinance or resolution on reconsideration and enter i published in pamphlet or book form as authorized by
General-Law Mu- the votes in the journal of the governing body's pro- the governing body if the ordinance was published
A
ceedings, the ordinance or resolution may take effect. i previously in the official newspaper.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. I Acts 1987,70th Leg.,ch. 149.§ 1,eff.Sept.1.1987. Amend-
ted Conditions for ed by Acts 1989, 71st Leg.. ch. 194. § 1, eff. Aug. 28, 1989.
§ 52.004. Official Newspaper
for expansion]
(a) As soon as practicable after the beginning of § 52.012. Type B General-Law Municipality
each municipal year, the governing body of the munic- I (a) Before an ordinance or a bylaw of a Type B
F ORDINANCES ipality shall contract, as determined by ordinance or general-law municipality may be enforced, the ordi-
ity. resolution,with a public newspaper of the municipality nance or bylaw, or a caption that summarizes the
ity. to be the municipality's official newspaper until anoth- purpose of the ordinance or bylaw and the penalty for
er newspaper is selected. , violating the ordinance or bylaw must be posted in
(ID) The governing bodypublish in the munici- three public places in the municipality or published in
PROVISIONS shall : a newspaper that is published in the municipality. If
,ENERAL- pality's official newspaper each ordinance, notice, or no newspaper is published in the municipality, the
[ES other matter required by law or ordinance to be ordinance, bylaw, or summary may be published in a
published. newspaper with general circulation in the municipali-
o Type A Gener- Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
ty.
(Sections 52.005 to 52.010 reserved for expansion] (b) Unless the publication is in a weekly newspaper,
Type A general the governing body must post or publish the ordi-
_ SUBCHAPTER B. PUBLICATION nance, bylaw, or summary for at least two days. If
ept. 1, 1987. OF ORDINANCES the publication is in a weekly newspaper, the govern-
§ 52.011. Type A General-Law Municipality ing body shall publish the ordinance, bylaw, or sum-
-% mary in one issue.
the municipality': (a) If a Type A general-law municipality adopts an
.# ordinance that imposes a penalty, fine, or forfeiture, Acts 1987,70th Leg.,ch.149,§ 1,eff.Sept.1,1987. Amend-
council of the city R P ed by Acts 1989, 71st Leg.. ch. 194, § 2, eff. Aug. 28, 1989.
n •I the ordinance, or a caption that summarizes the pur-
n the ordinance is pose of the ordinance and the penalty for violating the § 52.013. Home-Rule Municipalities
ordinance, shall be published in: (a) The governing body of a home-rule municipality
ept. 1, 1987. (1) every issue of the official newspaper for two may publish a caption of an adopted ordinance that
F days; or summarizes the purpose of' the ordinance and any
I Related Condi-i (2) one issue of the newspaper if the official penalty for violating the ordinance in lieu of a require-
t ke Effect I newspaper is a weekly paper. ment in the municipality's charter that the text of the
ution adopted by (b) An affidavit by the printer or publisher of the ordinance be published.
ipality may take official newspaper verifying the publication shall be (b) If the charter of a home-rule municipality does
nust be placed in filed in the office of the secretary of the municipality. not provide for the method of publication of an ordi-
nunicipality. The 1 In the courts of this state, the affidavit is prima facie nance, the full text of the ordinance or a caption that
t 63
i
Section 9: Existing Franchises: or by the constitution and laws of the State
Other Conditions of Texas, shall be published in this official
newspaper.
All franchises heretofore granted are
recognized as contracts between the city and Section 3: Nepotism
the franchisee and the contractual rights as
contained in such franchises shall not be No person related within the second degree
impaired by the provisions of this charter by affinity or within the third degree by
except for the following: consanguinity to the mayor or any city
council member or the city manager shall be
A. To license, regulate, control or prohibit employed or appointed to any position of the
the erection of signs or billboards or city. This does not apply to any person
other devices designed to attract the continuously employed for two (2) years
attention of members of the public. prior to the election or appointment of the
person related in the above degrees.
B. To license any lawful business,
occupation or calling subject to control Section 4: Oath
pursuant to the police powers of the
State of Texas. All elected and appointed officers of the city
shall take and sign the oath of office based
C. To license, regulate and fix charges on ones prescribed for state elective and
made for vehicles carrying passengers appointive offices, respectively, in the
or freight for hire on streets within the constitution of the State of Texas.
city.
Section 5: Personal Financial
D. To license,regulate,control and prohibit Interest
vendors and/or solicitors operating
within the city. No officer or employee of the city shall have
a financial interest,direct or indirect, in any
contract with the city. or shall be financially
ARTICLE 11 interested directly or indirectly, in the sale
to the city of any land,materials, supplies or
GENERAL AND TRANSITIONAL service, except on behalf of the city as an
PROVISIONS officer or employee. Any willful violation of
this section shall constitute malfeasance in
Section 1: Publicity office, and any officer or employee found
guilty thereof shall be subject to removal
All records of the city shall be open to from his office or position. Any violation of
inspection except for those that are closed to this section with the knowledge expressed or
the public by law. The records may be implied, of the person or corporation
examined and copied in the city office during contracting with the city council shall
normal office hours. The council may set render the contract involved void.
reasonable rates and fees for copying. Section 6: Assignment, Execution
Section 2: Official Newspaper and Garnishment
The city council shall declare an official The property, real and personal, belonging
newspaper of general circulation in the city. to the city shall be liable to be sold or
All ordinances, captions of ordinances, appropriated under any writ or execution of
notices and other matters required to be cost bill. The funds belonging to the city, in
published by this charter,by city ordinances, the hands of any person, firm, or
30
WYLI E CITY COUNCIL
CONSENT AGENDA COMMUNICATION
February 10, 1998
issue
Consider and act upon approving a resolution ordering a Joint Election with the Wylie
Independent School District and the Colin County Community College District on May
2, 1998-
Background
The offices currently held by Mayor Jim Swartz, Councilmembers Reta Allen, Wanda Sparks
and Cleo Adams are subject to re-election. The resolution proposed will call the joint
election with the Wylie Independent School District and Collin County Community College
District on May 2, 1998 and a run-off date of May 30, if necessary.
The resolution stipulates the polling places where qualified voters can cast ballots for the
election. It also outlines the early voting by personal appearance locations. Early voting will
take place at the Municipal Complex beginning April 15, 1998 through April 28, 1998 from
8:00 a.m. to 5:00 p.m. There will be an extended hour voting on Thursday, April 23, 1998
from 8:00 a.m. to 7:00 p.m. and on Saturday, April 25, 1998 from 8:00 a.m. to 5:00 p.m. The
County will have the early voting location in Plano.
The Collin County Election contract will designate the election judges for this joint election.
The first day to file for office is February 16, 1998. The last day to file is March 18, 1998
before 5:00 p.m. Candidate packets, include an application for office, petition for office,
financial contribution report, designation of campaign treasurer and other helpful information
are available in the City Secretary's office.
In 1995 the State Legislature passed a bill that enables municipalities to cancel the election
if all of the candidates are running unopposed or there are no propositions on the ballot. If
at the end of the filing deadline, all candidates are unopposed, a certification will be
delivered to the Council declaring the candidates are unopposed. On receipt of the
certification, the Council by ordinance may declare each unopposed candidate elected to
the office. If a declaration is made, the election is not held. A copy of the ordinance shall
be posted on election day at each polling place that would have been used in the election.
A certificate of election shall be issued to each candidate in the same manner as provided
for a candidate elected at the election.
Consent Agenda
Resolution Ordering May 2, 1998 Election
Page 1
Financial Consideration
Four thousand five hundred dollars has been budgeted for the city's share in the joint
elections. Details on the cost sharing will be available from the Collin County Elections
Administration.
Other Consideration
The Texas Election Law, Chapter 3 gives direction in ordering the election. The resolution,
if approved, will meet statutory requirements for ordering the municipal election under Article
5, Sections 1-7 of the Home Rule Charter. Section 2.051, Subchapter C of the Texas
Election Law applies to the ruling on an unopposed candidate.
Staff Recommendation
Staff recommends approval of the resolution.
Attachments
Resolution
Copy of Election Calendar
Qualifications for Candidacy
Cd,L4
Prepared by Re `,(-' ed by Fi nce City Manager Approval
Consent Agenda
Resolution Ordering May 2, 1998 Election
Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS,
ORDERING A JOINT ELECTION TO BE HELD ON MAY 2, 1998, FOR THE PURPOSE OF
ELECTING FOUR (4) MEMBERS, (MAYOR, PLACE 2, 4, AND 6), TO THE CITY COUNCIL TO
HOLD OFFICE FOR A PERIOD OF TWO YEARS; DESIGNATING LOCATION OF POLLING
PLACE; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN
CONNECTION WITH SUCH ELECTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, THAT:
SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent School District
and the Collin County Community College District on Saturday, May 2, 1998, for the purpose of electing a Mayor
and three (3) City Councilmembers to fill the following expiring terms on the Wylie City Council; Mayor, Place
No. 2, Place No. 4, and Place No. 6, each such term being for a period of two (2) years.
SECTION 2: The polling place where qualified voters shall cast ballots at such location in the City of
Wylie 1998 regular municipal election is as follows:
County Election Precincts Polling Place
All City Precincts Precinct 25
Southfork Mobile Home Park
210 Southfork Blvd.
Precincts 27, 56 & 83
First United Methodist Church
109 W. Jefferson
Wylie, Texas
Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election.
SECTION 3: Early voting by personal appearance shall be available at the Collin County Sub
Courthouse, 920 E. Park, Suite 120, Plano, Texas, and Wylie Municipal Complex, 2000 N. Highway 78, Wylie,
Texas, beginning on Wednesday, April 15, 1998 through Tuesday, April 28, 1998, during the normal working
hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday, April 23, 1998 from 8:00 a.m. to 7:00
p.m. and Saturday, April 25, 1998 from 8:00 a.m. to 5:00 p.m. Applications for ballot by mail shall be requested
from and mailed to Bill Bilyeu, Collin County Elections Administrator, Collin County Elections Administration
Office, 920 E. Park Blvd., Suite 120, Plano, Texas 75074. Applications for ballots by mail must be received
no later than the close of business on April 24, 1998.
SECTION 4: The City Secretary is hereby authorized and directed to publish and/or post, in the time
and manner prescribed by law, all notices required to be so published and/or posted in connection with the
conduct of this election. The Collin County Election contract shall designate the election judges for the joint
election.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS, ON THIS THE 10TH DAY OF FEBRUARY, 1998.
Jim Swartz, Mayor
City Secretary
TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM
Election Calendar
For a City's General Election on May 2, 1998
This calendar shows the dates for the various actions connected with a general election of city
officers to be held on May 2, 1998 (the first Saturday in May). It includes all major actions for
which the Election Code prescribes a specific date or deadline for performance, but it does not
include all actions (e.g., preparation of ballot boxes and other election equipment and of sets of
precinct election forms)for which the beginning date for performance can vary widely from one city
to another depending on local factors such as the size of the city and the number of election
precincts, the type of voting equipment in use, the size of the city secretary's staff, etc. Each city
secretary should use the chart in M §9.02 of the Texas Municipal Election Law Manual in
conjunction with this calendar to fill in those dates on an election calendar created in accordance
with local conditions (see M §9.03). If this calendar recommends a discretionary date but the city
secretary prefers a different date,he should draw a line through the recommended date and enter the
chosen date on his calendar.
Column 5 shows the time interval between the date of the action and election day. For
example, the notation "75th" in the entry for February 16 means that the first day for filing an
application for a place on the ballot is the 75th day before election day; the notation "+60" in the
entry for July 1 means that the normal preservation period for precinct election records expires on
the 60th day after election day. (See M §18.10 for an explanation of the timing for the first entry in
the calendar.)
In making up a personal calendar,the city secretary should remember the rule in EC §1.006
that if the last day for performance of an action falls on a Saturday, Sunday, or a state or national
holiday, the deadline date usually is extended to the next regular business day(see M §2.16).
Major steps are in BOLD PRINT. Steps for early voting are in ITALICS.
By or With Manual Col-
Date Action Whom Taken Ref. § umn 5
Jan. If not already done, the city secretary should City Secretary 7.11 120th
2 obtain or replenish, if necessary, a supply of et seq.
the following forms: candidate's application 18.10
for place on ballot; appointment of campaign
treasurer (candidate and specific-purpose
committee); report of contributions and
expenditures (candidate-officeholder and
specific-purpose committee); application for
mail ballot. Also obtain a set of admini-
strative forms, if ordered from a supply
house. (Set up schedule for ordering precinct
sets and other forms if they are to be ordered
later.)
1
ELECTION CALENDAR FOR 1998 Continued
By or With Manual Col-
Date Action Whom Taken Ref. § umn 5
Jan. Review recommendation for following steps City Secretary 9.02 120th
2-23 listed in M §9.02 for possible needed or and Council 20.06 to
desired action and submission for 14.03 99th
preclearance under federal Voting Rights
Act, if necessary: Steps 1 through 5 (revising
election precincts;designating polling places;
changing method of voting if equipment is
available but not adopted for use or if
acquisition of equipment by city is desired);
Step 12 (establishing or changing terms of
election judges); also, any other action
already taken by council for which
preclearance is required but not yet
submitted.
15 Last day for timely filing of semi-annual City Secretary 18.05
report of contributions and expenditures. [4]
Jan.
16- Recommended period to submit requests for City 20.06 106th
Feb. PRECLEARANCE. Secretary to 78th
13
Feb. Recommended period for ISSUING Mayor[1] 10.03 88th
3-13 ELECTION ORDER AND POSTING 10.12 thru
NOTICE of ELECTION on bulletin board. 78th
16 FIRST DAY FOR FILING City Secretary 11.05 75th
APPLICATION for place on ballot. [5]
16 Recommended beginning date for City Secretary 4.08 75th
preliminary work on appointment of election [5]
judges.
16 First day a write-in candidate may file his City Secretary 11.1 75th
declaration. EC §146.025(a) & §146.055. [5]
Mar. First day to apply for mail ballot. Note the City Secretary 16.51 60th
3 waiting period before a voter's application is et seq.
available to public [M §16.53(a) & 17.02
§16.56(g)]. Note the Federal postcard
exception.
3 First day of the period Texas Ethics City Secretary/ 18.01 60th
Commission will defer investigation until Texas Ethics
after election (or runoff) if an allegation is Commission
filed.
2
ELECTION CALENDAR FOR 1998 Continued
By or With Manual Col-
Date Action Whom Taken Ref. § umn 5
Mar. Recommended period for APPOINTING Council [1] 4.03 53rd
10-20 ELECTION JUDGES. [8] 4.04 thru
(Schedule for first council meeting after 4.05 43rd
period if no meeting during period.) See M
§10.15 on giving notice to election judges.
13 Beginning date of period for mandatory City Secretary 2.15 50th
office hours.
16 Remove candidate's name from ballot if he City Secretary 11.25 47
dies on/before March 16. [6]
16 Recommended last day to POST 72 HOUR City Secretary 8.06 47th
NOTICE OF DRAWING before drawing
for order of names on ballot.
17 Recommended LAST DAY FOR ORDER City Council 3.07 46th
DESIGNATING ELECTION
PRECINCTS AND POLLING PLACES.
(Preclearance may be needed.)
18 First day to mail early ballots, if available. City Secretary 16.57 45th
Note the waiting period before roster is
available to public.
18 LAST DAY FOR FILING City Secretary 11.05 45th
APPLICATION FOR PLACE ON [3] 11.06
BALLOT (must be received by 5 p.m.).
18 STATUTORY LAST DAY FOR Mayor[1] 10.03 45th
ORDERING ELECTION. [8]
18 Recommended deadline for early voting City Secretary 16.72 45th
clerk to determine whether a signature
verification committee may be needed.
23 LAST DAY FOR A REGULAR WRITE- City Secretary 11.10 40th
IN CANDIDATE TO DECLARE CANDI- [3]
DACY by 5 p.m. for general election.
23-24 Recommended period to CONDUCT City Secretary 8.06 40th
DRAWING FOR ORDER OF NAMES thru
ON BALLOT and inform candidates of 39th
the Statement of Elected Officials (M
§12.32). Make up ballot format and send it
to printer.
3
ELECTION CALENDAR FOR 1998 Continued
By or With Manual Col-
Date Action Whom Taken Ref. § umn 5
Mar. Last day for candidate to withdraw City Secretary 8.05 36th
27 (withdrawal request must be received by 5 [3] 11.22
p.m.). Last day that a declaration of 11.23
ineligibility causes omission of candidate's
name from ballot.
28 RECOMMENDED DATE TO PRINT City Secretary 8.16 35th
BALLOTS which have been prepared
earlier. As soon as printed ballots are
received, city secretary designates the
specimen ballot(s).
Apr. Due date for filing first report of campaign City Secretary 18.06 30th
2 contributions and expenditures by opposed
candidates and specific-purpose committees
supporting or opposing opposed candidates
by 5 p.m.
2 Last day for submitting voter registration Registrar 6.23 30th
application in time to vote at the election or 6.25
for requesting transfer of registration in time
to vote in new precinct not in the same
county and territory.
2 RECOMMENDED LAST DAY TO Mayor 10.15 30th
NOTIFY PRESIDING JUDGES OF
DUTY TO HOLD ELECTION.
2 First day of period for inspecting and sealing City Secretary 7.38 30th
voting machines to be used on election day.
City secretary posts notice at least 48 hours
before inspection.
2 Recommended LAST DAY TO REQUEST City Secretary 6.32 30th
voter registrar to prepare lists of 6.35
registered voters and furnish statement of 7.42
residence forms to be used in conducting
the election.
2-22 PERIOD FOR PUBLISHING NOTICE Mayor [1] 3.07 30th
OF ELECTION. 10.12 thru
20.04 10th
3 Minimum 10th day to post continuous notice City Secretary 16.72 29th
if signature verification com-mittee meets
April 19.
4
ELECTION CALENDAR FOR 1998 Continued
By or With Manual Col-
Date Action Whom Taken Ref. § umn 5
Apr. Last day for posting notice of schedule for City Secretary 16.22 22nd
10 branch early voting polling places.
10-23 Possible period for posting notice amending City Secretary 16.22 22nd
notice of branch early polling places. thru 9th
10 Last day for inspecting and sealing voting City Secretary 7.38 22nd
machines to be used in early voting.
10 Recommended last day to request waiver of City Secretary 9.45 22nd
partial manual recount of electronically
counted ballots.
11 LAST DAY for POSTING NOTICE OF City Secretary 10.12 21st
ELECTION on bulletin board for posting [1]
notices of city council meetings. The 21st
day is on Saturday this year. Technically,the
notice can be delayed until Monday, April
13, but it is better practice to post in on
Friday, April 10, which is the 22nd day
before the election.
13 First day a signature verification committee, City Secretary 16.72 19th
if any, may begin operating.
14 Last day to receive application from voter in City Secretary 16.51 18th
person for a ballot to be voted by mail, by (c)
close of business.
15 First day for early voting by personal City Secretary 16.21 17th
appearance. If voting will be conducted on 16.22
a Saturday or Sunday, notice of schedule (i)
must be posted at least 72 hours before first
hour of the weekend voting.
17 STATUTORY DEADLINE FOR Mayor 10.15 15th
NOTIFYING JUDGES OF DUTY TO
HOLD THE ELECTION.
17 Last day to challenge write-in candidate for City Secretary 11.10 15th
compliance.
22 LAST DAY FOR PUBLICATION OF Mayor[1] 10.12 10th
NOTICE OF ELECTION.
23 First day for new illness or disability Voter 17.16 9th
allowing late application for late
(emergency) early voting.
5
ELECTION CALENDAR FOR 1998 Continued
By or With Manual Col-
Date Action Whom Taken Ref. § umn 5
Apr. Last day to receive application by mail for a City Secretary 16.51 8th
24 ballot to be voted by mail, by 12 noon or 16.55
close of business.
24 Due date for filing second report of campaign City Secretary 18.06 8th
contributions and expendi-tures by 5 p.m.
27 Last day for inspecting and sealing voting City Secretary 7.38 5th
machines to be used on election day. (Post
notice 48 hours before test.)
27 First day for death in family to qualify for City Secretary 17.31 5th
late(emergency) early voting.
28 Last day of regular early voting by personal City Secretary 16.21 4th
appearance.
28 As soon as early voting is over, and until City Secretary 16.74 4th thru
7:00 p.m. May 2, early voting ballots may be close of
delivered to the early voting ballot board if polls
notice requirements have been followed. In
a county with a population of 100,000 or
more the early voting ballot board may also
count the early ballots during this period.
Apr. Period to apply for late (emergency) early City Secretary 17.32 3rd thru
29- voting because of death in family April 28 1st
May or later.
1
Apr. Period to apply for late (emergency) early City Secretary 17.16 3rd thru
29 - voting because of disability originating on Election
May or after April 23. Day,
2 2 p.m.
Apr. Prepare list of registered voters for early City Secretary 16.76 3rd thru
29 - voting ballot board if more than one early 1st
May voting polling place.
1
Apr. Last day for conducting first test of automatic City Secretary 7.40 3rd
29 tabulating equipment to be used at a polling
place(at least 48 hours before use on election
day). Notice must be published at least 48
hours before date of test.
6
ELECTION CALENDAR FOR 1998 Continued
By or With Manual Col-
Date Action Whom Taken Ref. § umn 5
Apr. Last day for first test of automatic equipment Presiding Judge 7.40 2nd
30 to be used at central counting station. Notice
must be published at least 48 hours before
date of test.
May Recommended date for delivery of precinct City Secretary 7.47 1st
1 early voting lists and supplies to presiding 16.83
election judges.
1 Recommended date for delivery of City Secretary 7.48 1st
equipment to polling places (statutory
deadline is 6 a.m. on election day).
1 NOTICE OF COUNCIL MEETING to City Secretary 9.42 1st
canvass the returns must be posted at least
72 hours before time of meeting. [GC
§551.001ff.]
2 ELECTION DAY. Polls are open 7 a.m.to City Secretary 17.41
7 p.m. Voting by sick or disabled voters at
main early voting place where electronic
voting devices are used at precinct polling
place, 8 a.m. to 2 p.m.; where lever voting
machines are used, 7 a.m. to 7p.m.
2 7 a.m. to 7 p.m. early voting clerk's office City Secretary 9.23
shall remain open for early voting activities.
2 2 p.m. deadline for late applications for City Secretary 17.17
ballots from voters who became ill or
disabled April 25th or later.
2 Deliver early voting ballots, etc., to early City Secretary 16.73
voting ballot board. Second key to ballot
box is delivered by chief of police or
marshal.
2 After regular mail delivery, check mail box City Secretary 9.23
for early voting mail ballots. 16.58
2 Receive precinct records, voted ballots, etc. City Secretary 9.33
(Chief of police or marshal receives keys to Mayor 9.34
ballot boxes containing voted ballots.)
2 UNOFFICIAL TABULATION OF City Secretary 9.35
RESULTS.
7
ELECTION CALENDAR FOR 1998 Continued
By or With Manual Col-
Date Action Whom Taken Ref. § umn 5
May PROVIDE OFFICIAL OATH AND City Secretary 12.32 +3
5 STATEMENT OF ELECTED
OFFICIALS to candidates who appear to
have won, or may win.
5-8 PERIOD FOR OFFICIAL CANVASS. Council/ 9.42 +3 thru
Mayor sets exact day and hour. City City Secretary 9.44 +6
secretary records results in election register
as soon as practicable after canvass.
5-8 Report of early votes cast for each candidate City Secretary 16.87 +3 thru
or measure by election precinct. +6
5-8 AFTER CANVASS, ISSUE CERTIFI- Mayor 12.23 +3 thru
CATE OF ELECTION. +6
5-13 MAYOR ORDERS RUNOFF Mayor[1] 14.04 +3 thru
ELECTION, if necessary, not later than +11
5th day after canvass. (Open meeting). [7]
5-23 Partial manual count of electronically City Secretary 9.45 +3 thru
counted ballots if waiver not obtained from +21
secretary of state. The 21st day is Saturday.
The following Monday,May 25,is Memorial
Day. Thus, the period extends to May 26 in
this year.
8 Type A elected officials may qualify and Candidate with 12.34 +6
assume duties of office. [LGC §22.006] City Secretary
8 Voting machines or voting devices can be City Secretary 9.48 +6
released if the canvass is complete and if EC
§126.031 and §127.181 are complied with
and no request for extended security.
12 Last day of normal security period for voting City Secretary 9.48 +10
machines and voting devices. Ballot labels
are detached for further preservation after
expiration of security period.
23 Mail results of manual count to secretary of City Secretary 9.45 +21
state not later than 21 st day after election
day, if no waiver.
May POSSIBLE PERIOD FOR RUNOFF City Secretary/ 14.03 20th-
23 - ELECTION, depending on date of official Council [2] 30th day
June canvass,unless a charter states otherwise. [2] after
7 [7] canvass
8
ELECTION CALENDAR FOR 1998 Continued
By or With Manual Col-
Date Action Whom Taken Ref. § umn 5
June LAST DAY OF MANDATORY OFFICE City Secretary 2.15 +40
11 HOURS.
July LAST DAY OF NORMAL PRESER- City Secretary 9.50 +60
1 VATION PERIOD for ballots and other
precinct election records.
3 CONTENTS OF BALLOT BOXES may City Secretary 9.50 +62
be destroyed unless there is a contest,
criminal investigation, or open records
request (or city records management
order).
15 Last day for timely filing of semiannual City Secretary 18.05 +74
report of contributions and expenditures.
Footnotes
[1] Follow home-rule city's charter provision, if any.
[2] Deadline extended to next regular business day because regular deadline falls on a Saturday,
Sunday, or holiday [EC §1.006].
[3] City secretary's office should remain open until 5 p.m.
[4] January 15, 1998, is a state holiday. The report is timely if filed January 16, 1998.
[5] February 16, 1998,is Presidents'Day. If your city offices are closed,move date to February
17, 1998.
[6] This date does not change even though it falls on a weekend; it is not an official action.
[7] There are 3 exceptions allowing the date for a runoff to be extended to a time no later than
the 45th day after the official canvass. EC §2.025 allows the extension to accommodate a
joint runoff,to avoid a holiday,or to avoid a long holiday weekend. Remember to preclear
any date different from the past.
[8] The city's governing body may choose to conduct a mock student election under EC
§276.007. The major steps taken for a general election should be taken for a student election.
The student election may be held on the first day before the election,but results must not be
published until after the polls close on election day.
NOTE ON CALENDAR FOR SPECIAL OR RUNOFF ELECTION
To make up a calendar for a special election to fill a vacancy in office, see M §13.02; for
a special election on a measure, see M §15.02; for a runoff election, see M §14.03.
9
QUALIFICATIONS
CITY COUNCIL - Charter Section Article 5, Section 2, A. & B.
Registered voter of Texas
Resident of Wylie for at least twelve (12) months preceding the election within the
corporate limits of the city.
Shall not, after notice of any delinquency, be in arrears in the payment of any taxes
or other liabilities due the City of Wylie.
An incumbent city councilman seeking re-election must file for the same place
position number currently being served.
No candidate may file in a single election for more than one office or place position.
No employees of the city shall continue in such position after filing for an elective
office.
Shall not concurrently hold an elective office with the city other than the one being
filed for.
Every person desiring to file for elective office with the city shall first present to the
City Secretary a sufficient petition signed by a minimum of the greater of the
following:
a. 25 persons; or
b. a number of persons equal to one-half of one percent of the total vote
received by all candidates for Mayor in the most recent mayoral general
election who are qualified voters in the City.
WYLI E CITY COUNCIL
CONSENT AGENDA COMMUNICATIONrt/111
February 10, 1998
Issue
Consider and act upon approving a contract for election services between the City
of Wylie and the Collin County Elections Administration for the May 2, 1998 municipal'
election.
Background
For the last two years Collin County Elections Administration has been contracted to conduct
the municipal elections. Collin County provided all of the judges for the election. The city
staff has been very pleased with the professional and timely manner of the services that
have been provided. It has also given voters the options to Saturday early voting and an
extended hour voting. The City was notified at the end of last year that there may be an
increase in cost due to an upgrade in their election tabulation system, however, if more
entities elect to contract with the County the cost are divided equally. The total contract cost
for the 1996 election was $2,665.48 and due to the election being canceled in 1997, the cost
was only $50.00. New state law stipulates that the county may only charge 10% over the
cost of the election. They may be contracted for part or all of the election. The cost to
cancel an election for 1998 will be $75.00.
The City Secretary met with Bill Bilyeu, Elections Administrator of Collin County to discuss
the 1998 elections. Mr. Bilyeu stated that the proposed contract was basically the same as
last year and that this year the Collin County College District will have an election.
Financial Consideration
The proposed contract states that the estimated contract expense will b.• $2,783.05. :efore
the final contract is signed, the County will furnish the new estimated con rac expenses.
There is a provision in the contract that will allow the City to cancel their election pursuant
to Section 2.053 of the Texas Election Code, with the City only paying a $50.00 preparation
fee. Four thousand five hundred dollars ($4,500.00) has been budgeted for the joint
elections.
Consent Agenda
Approval of Election Services Contract with Collin County
Page 1
Other Consideration
Article 2, Section 1( c) of the Home Rule Charter allows the Council to cooperate with the
government of any County for any lawful purpose for the advancement of the interests of its
inhabitants.
Board/Commission Recommendations
N/A
Staff Recommendation
Staff recommends approval of the contract.
Attachments
County Elections Contract
)1(1 sAk. CaelA4-
Prepared by R ewed by F nance City Manager Approval
Consent Agenda
Approval of Election Services Contract with Collin County
Page 2
01/23/98 13:02 V 9726333214 ELECTIONS 21002/012
THE STATE OF TEXAS CONTRACT FOR
COUNTY OF COLLIN II
CITY - SCHOOL WYLIE ELECTION SERVICES
By THE TERMS OF THIS CONTRACT made and entered into by and
between the CITY OF WYLIE,hereinafter referred to as the "CITY," and the BOARD
OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT,hereinafter
referred to as the"SCHOOL DISTRICT,"and BILL BILYEU,the Elections
Administrator of Collin County,Texas,hereinafter referred to as "Contracting Officer,"
pursuant to the authority of Section 31.091,of the Texas Election Code,agree to the
following particulars in regard to coordination,supervision and running of the City and
School District's May 2, 1998, Joint General Election.
THIS AGREEMENT is entered into in consideration of the mutual covenants
and promises hereinafter set out. IT IS AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting
Officer shall be responsible for performing the following duties and shall furnish the
following services and equipment:
A. The Contracting Officer shall arrange for appointment,notifice Lion
(including writ of election),training and compensation of all presiding judges,alternate
judges,the judge of the Central Counting Station and judge of the Early Voting Balloting
Board.
a. The Contracting Officer shall be responsible for notification of
each Election day and Early Voting presiding judge and alternate judge of
his or her appointment. The recommendations of the City and the School
District will be the accepted guidelines for the number of clerks secured to
work in each polling place. The presiding election judge of each polling
place,however, will use his/her discretion to determine when ildditional
manpower is needed during peak voting hours. The Contracting Officer
will determine the number of clerks to work in the Central Counting
Station and the number of clerks to work on the balloting board.
Election judges shall be secured by the Contracting Officer with the
approval of the City and the School District.
01/23/98 13:03 V9726333214 ELECTIONS Z 003/012
b. Election judges shall attend the Contracting Officer's s,.hool of
instruction(Elections Seminar)to be held Thursday, April 30, 1998, in the
City of Piano Council Chambers, at 6:30 P.M.
c. Election judges shall be responsible for picking up from and
returning election supplies to the county election's warehouse 'ocated in
Plano. Compensation for this pickup and delivery of supplies will be
$25.00.
d. The Contracting Officer shall compensate each electioni judge and
worker. Each judge and worker shall receive$6.00 per hour for services
rendered.
B. The Contracting Officer shall procure,prepare, and distribute ballots,
frames(ballot pages), election kits and election supplies.
a. The Contracting Officer shall secure election kits whic 1
include the legal documentation required to hold an election and all
supplies including locks, pens,magic markers, etc.
b. The Contracting Officer shall secure all tables, chairs,duplication
ballots,and legal documentation required to run the central counting
station.
c. The Contracting Officer shall provide all lists of registered voters
required for use on election day and for the early voting period required by
law. The election day list of registered voters shall be arranged in
alphabetical order by polling place,in lieu of alphabetic by each precinct
in each polling place.
d. The Contracting Officer shall procure and arrange for tie
distribution of all election equipment and supplies required to hold an
election.
1. Equipment includes the rental of voting and demonstrator
machines, ballot boxes,transfer cases, voting signs,directional
poles and tote boxes.
2
01/23/98 13:04 V9726333214 ELECTIONS Z 004/012
2. Supplies include punch card ballots, sample ballots, early
voting mail ballots, demonstrator ballots, pens,tape, markers, etc.
C. The Contracting Officer, Bill Bilyeu, shall be appointed the Chief Deputy
Early Voting Clerk by the City and the School District.
a. The Contracting Officer shall supervise and conduct Early Voting
by mail and in person and shall secure personnel to serve as Early Voting
Deputies.
b. Early Voting by personal appearance for the City and school
District's May 2, 1998,Joint General Election shall be conducted on
weekdays beginning Wednesday, April 15, 1998, and continuing through
Tuesday, April 28, 1998, between the hours of 8:00 A.M. and 5:00 P.M.
On Thursday,April 23, 1998, early voting shall be conducted between the
hours of 8:00 A.M. and 7:00 P.M. Early voting shall also be conducted on
Saturday,April 25, 1998, between the hours of 8:00 A.M. and 5:00 P.M.
c. All personal appearance voting shall be conducted during the hours
detailed above at the following locations:
Collin County SubCourthouse
Main Early Voting Location
920 E. Park, Suite 120
Plano,Texas 75074
Wylie Municipal Building
2000 N. Hwy 78
Wylie,Texas 75098
3
Vl/JU/270 1J:J1 'O'b(C0JJJLI4 bLtt, WivJ tpjUUG/UUJ
d. All applications for an Early Voting mail ballot shall be received
and processed by the Collin County Elections Administration Office,
920 E. Park Blvd., Suite 120, Plano,Texas 75074.
1. Application for mail ballots erroneously mailed t_o the
City or School District shall immediately be faxed to the
Contracting Officer for timely processing. The original application
shall then be forwarded to the Contracting Officer for proper
retention.
2. All Federal Post Card Applicants (FPCA) will bz. sent a
mail ballot. No postage is required.
c. All Early Voting ballots(those cast by mail and those cast by
personal appearance) shall be prepared for count by the Early Voting
Ballot Board in accordance with Section 87.000 of the Texas Election
Code. The presiding judge of this Board shall be Vickie Self. The Board
shall meet for preparation of the early voting ballots on Wednesday,
April 29, 1998,at 9:00 A.M. They will recess and continue the
preparation process and begin tabulation after the mail is received on
Saturday, May 2, 1998, at 5:00 P.M.
D. The Contracting Officer shall arrange for the use of all Election Day
polling places. The City and School District shall assume the responsibility of remitting
the cost of all employee services required to provide access,provide security or provide
custodial services for the polling locations.
E. The Contracting Officer shall be responsible for establishing and operating
the Central Counting Station to receive and tabulate the voted ballots in accordance with
Section 127.000 of the Election Code and of this agreement. Counting Statio a Manager
shall be Bill Bilyeu. Central Count Judge shall be Sharon Rowe. The Tabulation
Supervisor and Tabulation Operator shall be provided by the Collin County b lections
Administration Office and paid as a contract expense.
a. The tabulation supervisor shall prepare,test and run ths:county's
tabulation system in accordance with statutory requirements and county
policies, under the auspices of the Contracting Officer.
4
01/23/98 13:05 229726333214 ELECTIONS Z006/012
b. The Public Logic and Accuracy Test of the electronic voting
system shall be conducted on Thursday,April 30, 1998, at 2:00 P.M.,by
the Contracting Officer.
c. Election night reports will be available to the City and School
District at the Central Counting Station on election night.
d. The Contracting Officer shall prepare the unofficial canvass report
after all precincts have been counted, and will provide a copy of the
unofficial canvass to the City and School District as soon as possible after
all returns have been tallied.
e. The Contracting Officer shall be appointed the custodian of the
voted ballots and shall retain all election material for a period of 60 days.
1. Pending no litigation and as prescribed by law,the voted
and unused ballots shall be shredded 60 days after the,;lection.
2. The City and School District can obtain the list of
registered voters from the Elections Administration Office after
this 60-day retention period. Pending no litigation and if the City
or School District does not request the lists,the Contracting Officer
shall destroy them 90 days after the election.
f The Contracting Officer shall conduct a manual count as
prescribed by Section 127.201 of the Texas Election Code and submit a
written report to the City and School District in a timely manner. The
Secretary of State may waive this requirement. If applicable, a written
report shall be submitted to the Secretary of State as required by Section
127.201(C) of the aforementioned code.
5
01/23/98 13:06 V9726333214 ELECTIONS Z 007/012
II. Duties and Services of the City and School District. The City and School
District shall assume the following responsibilities:
A. The City and School District shall prepare the election orders, resolutions,
notices,justice department submissions, official canvass and other pertinent documents
for adoption by the appropriate office or body.
a. The Contracting Officer shall publish and post the Notice of the
Public Logic and Accuracy Test of the electronic voting system and one
press release. The Contracting Officer shall also prepare a certification of •
tabulation and an unofficial "canvass report" that will assist tilt:City and
School District with the official canvass.
b. The City and School District assumes the responsibility of posting
all notices and likewise promoting the schedules for Early Voting and
Election Day.
B. The City and School District shall procure and provide the Contracting
Officer with the ballot layout and Spanish interpretation.
a. The City and School District shall deliver to the Contracting
Officer as soon as possible, but no later than Tuesday,March 24, 1998,the
official wording for the City and School District's May 2, 1998.,Joint
General Election.
b. The City and School District shall approve the "blue line ballot
format prior to the final printing.
C. The City and School District shall post the publication of election notice
by the proper methods with the proper media.
D. The City and School District shall prepare and submit to the U. S.
Department of Justice under the Federal Voting Rights Act of 1965, any required
submissions on voting changes.
E. The City and School District shall compensate the Contracting Officer for
any additional cost incurred in the process of running this election or for a re-count this
election may require.
6
01/23/98 13:06 V9726333214 ELECTIONS 008/012
F. The City and School District shall pay the Contracting Officer 90% of the
estimated cost to run the said election prior to March 13, 1998. The Contracting Officer
shall place the funds in a "contract fund" as prescribed by Section 31.098 of the Texas
Election Code. The Deposit should be delivered within the mandatory time f-ame to:
Collin County Treasury
920 E. Park Blvd.,Suite 120
Plano,Texas 75074
ATTN: Sharon Rowe
Deputy Elections Administrator
G. The City and School District shall pay the cost of conducting!.aid election,
less partial payment, including the 10%administrative fee, pursuant to the Texas Election
Code, Section 31.100, within 30 days from the date of final billing.
H. The reasonable and necessary expense of holding said joint election will
be shared by three entities (City of Wylie, Wylie Independent School District and Collin
County Community College District) entering into the joint agreement and the
proportionate share of expenses shall be reimbursed to the Contracting Officer.
T. The City and School District shall provide the Contracting Officer with
updated maps of the current City and School district boundaries,respectively These
updated maps will be provided to the Contracting Officer by March 2, 1998.
III. Cost of Services. See Exhibit "A."
IV. Joint Election Agreement. See Exhibit"B."
V. General Provisions.
A. Nothing contained in this contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to tb.e City and
School District's May 2, 1998, Joint General Election is to be filed or the place at which
any function is to be carried out, or any nontransferable functions specified under Section
31.096 of the Texas Election Code.
7
01/23/98 13:07 V9726333214 ELECTIONS tit 009/012
B. Upon request,the Contracting Officer will provide copies of all invoices
and other charges received in the process of running said election for the City and School
District.
C. If the City and/or School District cancel their election pursuant to Section
2.053 of the Texas Election Code,the Contracting Officer shall be paid a contract
preparation fee of$75_ An entity canceling an election will not be liable for jury further
costs incurred by the Contracting Officer in conducting the May 2, 1998,Joint General
Election. All actual shared costs incurred in the conduct of the election will be divided
by the actual number of entities contracting with the Contracting Officer and holding a
May 2, 1998,Joint General Election.
D. The Contracting Officer shall file copies of this contract with the County
Judge and the County Auditor of Collin County,Texas.
WITNESS BY MY HAND THIS THE DAY OF 1998.
Bill Bilyeu
Elections Administrator
Collin County, Texas
WITNESS BY MY HAND THIS THE DAY OF 1998.
Attested: Susan Shuler Mike Collins
City Secretary City Manager
City of Wylie, Texas City of Wylie,Texas
WITNESS BY MY HAND THIS THE DAY OF 1998.
Attested: John Simmons John Fuller
Wylie Independent School District Superintendent
Wylie, Texas Wylie ISD Board of Trustees
Wylie,Texas
8
L.L J L V L L V.1 rJ
City of Wylie - Estimated Contract Cost - Exhibit "A"
ELEC65 May 2, 1998 01/23/98 01:01 PM
SUPPLY COST
Punch Card Ballots 3000 $61 per M $183.00
Sample Ballots 20 $0.50 each $10.00
Early Voting Mail Ballots 20 $0.50 $10.00
Demonstrator Ballots 500 $5 per C $25.00
Frames (Ballot Pages) 10 $7each $70.00
Early voting and election day kits 5 $25 each $125.00
Centel Counting kit and supplies 1 $50 each $50.00
County precinct maps 5 $5 each $25.00
Ballot Style Setup 1 $30 each $30.00
Total Estimated Supply Cost $528.00
RENTAL OF EQUIPMENT
Voting Machines 10 $30 each $300.00
Transfer Cases 2 $5 each $10.00
Ballot Boxes 4 $5 each $20.00
Supply Cart 0 $1 each $0.00
Metal Signs 4 $1 each $4.00
Wood Signs 4 $2 each $8.00
Large Early Voting Signs 2 $5 each $10.00
Early Voting Cabinet 1 $50 each $50.00
Demonstrator Voting Machine 3 $5 each $15.00
Directional Poles 4 $0.50 $2.00
Tote Boxes 2 $1 each $2.00
Total Estimated Equipment Rental $421.00
EARLY VOTING COSTS
Mailed Ballot Kits 10 $1 each $10.00
Postage for mailed Early Ballots 10 $0.52 EACH $5.20
Workers for early voting location
# of workers 4
Total hours worked 353.25 $6 per hour $2,119.50
Pickup & Delivery of early voting supplies 1 $25 per poll $25.00
FICA 7.65% of above 2 $164.05
Assemble Early Voting Location 1 $48 per site $48.00
Early Voting Computer at site 1 $300 per site $300.00
Misc Early Voting Costs $200 $200.00
Total Estimated Early Voting Costs $2,871.75
ELECTION DAY
# of election poll workers 7
Total hours worked 89.25 $6 per hour $535.50
# of delivery fees to election judges 2 $25 per poll $50.00
Total Estimated Election Day Costs $585.50
U1/3U/106 13:32 'aa72b333214 tLt:41IU.' 1JUU3/UU3
01/30/9;3 page 2
ADMINISTRATIVE EXPENSES $60.00
Manual recount per Election Code $60.00 $60
Process early voting and poll worker checks 11 $1.50 each $16.50
# of mail election judge notices 4 $1,50 each $6.00
.00
3 Press Releases $1 _5. 0
Total Estimated Administrative Costs
SEMINAR NIGHT .29
Training seminar overtime for election staff $334949.29
Total hours to distribute supplies 1.5
Total Estimated Seminar Costs $370.60
TABULATION AND CENTRALIZED COSTS $1,400.00
Tabulation Network $500.00
$$5
On-site support 00.00
Base Programming $1,500.00
Detail Programming er hour $630.67
Cost for central count workers & Early Voting Ballot Board $6 P
FICA on election workers 7.65% of applicable $400.00
$30.00
Notice of tabulation test $2,200.00
Early Voting personnel Plano 00.00
Early voting computer in Plano $$3,30 .00
County overtime and temporaries
FICA & Retirement for County employees $400.00
Total Estimated Tabulation And Centralized Costs $11,492.91
SUMMARY OF COSTS $528 00
Total Estimated Supply Cost .00
$2,707.7021
21
Total Estimated Equipment Rental $5
Total Estimated Early Voting Costs $707. 0
Total Estimated Election Day Costs
Total Estimated Administrative Costs $107.50
Total $4,349.70
Expense divided by number of entities sharing early voting and election day polls 3$1,449.93
City of Wylie, Wylie ISD, CCCCD
Total Estimated Seminar Costs $370.60
Total Estimated Tabulation And Centralized Costs $11, . 1
4929
1
Total Expense divided by total number of entities contracting with County for May election 11
$1,078.50
11
$2,528.40
Entity's share of expenses 522 0
County Election Officer's Administrative Charge at 10%
Total estimated expense to entity for May 2, 1998 Election $2,781.24
AMOUNT DUE PRIOR TO MARCH 13, 1998 - 90% OF ESTIMATE $2,503.12
01/23/98 13:09 '519726333214 ELECTIONS [ j012/012
Exhibit "B"
JOINT ELECTION AGREEMENT
between
The City Council of the City of Wylie(the City),the Board of Trustees of the Wylie Independent
School District(the School)and the Board of Trustees of the Collin County Commui City College
District(the College).
BY THE TERMS OF THIS AGREEMENT,the City,the School,and the College do hereby agree,
pursuant to the provisions of the Texas Election Code,to hold a joint Election for the General Election to
be held on Saturday,May 2, 1998. All entities have contracted with the Collin County Elections
Administrator(Elections Administrator)to perform various duties and responsibilities on bell;ilf of the
three entities.
The three entities shall share equally in the expense of the polling locations,election officials,supplies,
ballots and other and all necessary expenses for the election upon receipt of satisfactory billin3 and
invoices reflecting the total of such election.
APPROVED BY THE BOARD OF TRUSTEES FOR THE COLLIN COUNTY COMMUNITY
COLLEGE DISTRICT in its meeting hold the day of . 1998,And executed
by its authorized representative.
COLLIN COUNTY COMMUNITY COLLEGE DISTRICT
By: Attest:
Dr. John H. Anthony,President
APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS in its meeting held the
Day of , 1998,and executed by its authorized representatiN"c_
By: Attest:
James D. Swanz Mayor Susan Shuler,City Se.rctary
APPROVED BY THE TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT in its
meeting held the day of , 1998,and executed by its authorized
representative.
By: Attest:
John Fuller, Superintendent John Simmons, Business Manager
WYLIE CITY COUNCIL
ACTION AGENDA COMMUNICATION
February 10, 1998
issue
Consider and Act Upon authorizing the City Manager to negotiate and award an emergency
contract for the completion of the water and sewer mains as part of the Texas Community
Development Program (TCDP) grant project.
Background
On May 28, 1996, the Wylie City Council awarded a construction contract to Z&S
Construction, Inc. for the City of Wylie Texas Community Development Program (TCDP)
Water and Sewer Improvements project. This project involved the replacement of
approximately 5,700 feet of PVC water main, approximately 7,800 feet of PVC wastewater
main, re-connection of all associated service laterals, and installation of various associated
appurtenances in eighteen separate project areas throughout Wylie. The new lines, most of
which were of 8" diameter, were to replace pipes that were several decades old, in poor
condition, and the source of frequent emergency maintenance work. The project areas were
all located within the older residential neighborhoods in central Wylie. The original contract
amount for Z&S Construction, Inc. was $542,973.50.
Z&S began construction activities on August 12, 1996. During the course of the contract, the
contractor experienced financial problems and in the summer of 1997 filed for bankruptcy.
Z&S voluntarily provided the City its notice of default in a letter dated June 4, 1997. This letter
was received by the City on June 10, 1997 and the City accepted the default and terminated
the contract as of June 16, 1997. The last day in which Z&S performed construction activities
on the project was May 16, 1997. Upon Z&S's default, the Engineer contacted the
contractor's bonding Company to initiate the procedure to complete the contract as specified.
The City Attorney was later brought in to aid the process. After lengthy negotiations with the
Bonding Company, and careful analysis of the actual work completed, the remaining work,
and the amount paid for the work completed to date, Staff and consultants agreed that the
best option for the City was to release the Bonding Company from their contract and issue
a separate contract to complete the work.
Action Agenda
Award of Contract- TCDP
Page 1
Background -continued
Due to health and safety issues associated with the construction of new water and sewer
facilities, the remainder of this project should be handled as an emergency situation. When
Z&S defaulted on their contract, various sewer and water mains were left in various stages
of completion. Some of the mains were left exposed, trenches open, and several areas
needed cleanup. The most dangerous of these items were temporarily addressed by City
forces. However, the unfinished portion of the project still represents a potential health and
safety risk to the City since the facilities which are to be replaced continue to deteriorate and
the temporary measures taken by City forces are not permanent. The remaining portions of
this project include water lines along Jackson Street, Oak Street, and the alley between
Keefer Street and Cotton Belt Avenue. The wastewater lines which remain are located along
the alley between Kirby Street and Stone Road, the alley between Ballard Avenue and
Jackson Avenue along the edge of the railroad right-of-way between Jackson Avenue and
Keefer Street and the alley between Keefer Street and Cotton Belt Avenue.
The Texas Local Government code sets out the competitive bidding requirements for
municipalities. The Code provides for an exemption to the requirements in order for a
municipality to make an expenditure for"a procurement necessary to preserve or protect the
public health or safety of the municipality's residents".
Several contractors were contacted and asked to submit estimates for completing the rest of
the project. (See attached letter). The Hogan Corporation recommended the City release the
Bonding Company from their obligation and award a contract for the completion of the project
to XIT Paving and Construction. XIT has recently completed several projects in Wylie,
including a water line replacement project along Briarwood Drive. The Engineer has
determined that their performance on these jobs was good and that they are qualified to
perform the remainder of the work associated with the TCDP project. The City is now ready
to enter into a contract with XIT. Due to current economic and weather conditions, the actual
start time for XIT has not been finalized. However, the contractor is aware of the situation and
will work with Staff to begin work at the earliest possible date.
Financial Considerations
This project was financed through the 1995 Bond Program - Phase 1 and a Texas
Department of Housing and Community Affairs grant. The original projected cost for this
project was approximately $620,700 which was comprised of$370,000 in bond monies and
$250,000 from the TCDP grant.
Action Agenda
Award of Contract- TCDP
Page 2
Financial Considerations -continued
Z&S completed approximately 60% of the work. There is still approximately 2,400 feet of
water line and approximately 2,300 feet of sewer line yet to be installed, plus associated
service connections and other appurtenances. The following summarizes the contract
balances and reflects the status if the City awards the work to XIT:
Amount of Z&S Contract as awarded $542,973.50
Amount paid to Z&S Construction by the City $259,596 77
Balance in contract $283.376.73
XIT cost to complete remainder of work (without cleanup) $256,819.00
Less assumed credit for XIT's use of stored materials ($__13,761,74)
Estimated XIT Net Cost to Complete $246,057.26
Remaining contract funds (Z&S unpaid balance less XIT cost) $ 37,319.47
With the approval of the contract with XIT the total projected costs for this project will be
$630,097. The total projected costs to date include construction, engineering, surveying,
testing, grant administration and other miscellaneous costs.
Other Considerations
Texas Local Government Code, Chapter 252.022 General Exemptions, grants municipalities
the authority to by-pass the competitive bidding process in the name of preserving or
protecting the public health and safety.
Board/Commission Recommendations
N/A
Staff Recommen•atio■
Staff and The Hogan Corporation recommends authorizing the City Manager to negotiate and
enter into an emergency contract for the completion of the water and sewer mains as part of
the TCDP grant project.
Action Agenda
Award of Contract- TCDP
Page 3
Attachments
Letter from The Hogan Corporation to Mike Collins, City Manager
- including estimate submittal tabulations and recommendation.
Project Cost Tabulation Sheet
(AA44,
Prepare Reviewed by Fi ance City Manager Approval
Action Agenda
Award of Contract- TCDP
Page 4
01/30/98 13:21 '$972 490 7163 THE HOGAN CORP. 44 WYLIE-PRICE Z 001/002
THE HOGAN CORPORATION
Engineers • Planners • Consultants
November 17, 1997
Mr. Mike Collins
City Manager
City of Wylie
2000 Hwy 78 North
Wylie,Texas 75098
Re: Construction of TCDP Water& Sewer Improvements
THC #002-28.40
Dear Mr. Collins:
Per our previous discussions and your direction, we have solicited bids from several utility
contractors for completing the remainder of the work on the referenced project. The selected
contractors were requested to submit unit price bids on the various line items of water and sanitary
sewer improvements,with prices applied to remaining contract quantities(i.e.,total original
contract quantities less quantities installed by Z&S Construction Company). Bidders were also
requested to submit lump sum prices for"cleanup and restoration",generally defined as any
unfinished work associated with items previously installed by Z&S. Given the nature of this item,
bidders reactions were mixed,with some either qualifying their bids,or refusing to submit a fixed
price. Bidders were also asked to indicate approximately when they would be able to start the
work,and also the contract time needed to complete the work.
A total of three bids were submitted, with the bid results presented in the attached tabulation. The
lowest bid was submitted by X1T Paving&Construction in the amount of S256,819. XIT has
indicated that they can start sometime in January,and would require 140 calendar days to complete
the work. While this is somewhat later and longer than the times stipulated by Moss Construction,
the Moss bid is significantly higher,and the time savings do not appear to justify the greater
expense.
The following summarizes the contract balances and reflects the status if the City awards the work
to XIT: •
Amount of Z&S Contract as awarded: $542,973.50
Amount paid to Z&S Construction by the City: $759,596.77
Balance in contract $283,376.73
XIT cost to complete remainder of work (without cleanup) S256,819.00
Less assumed credit for XIT's use of stored materials ($ 13.761.74)
Estimated XIT Net Cost to Complete S246,057.26
Remaining contract funds(Z&S unpaid balance less XIT cost) S 37,319.47
Given the above, it would appear that approximately S37,000 would be available for cleanup and
restoration of work previously performed by Z&S. XIT refused to submit a fixed rice for cleanup
�/�' Member,Consulting Engineers Council of Texas 1290U Preston Road at LBJ.Suite 62(
G Member.American Consulting Engineers Council North Dallas Bank Towel
Dallas,Texas 7523(
TEL (972)392-4600
FAX: (9721 490-7163
01/30/98 13:22 ' '972 490 7163 THE HOGAN CORP. WYLIE-PRICE (j002i002
and restoration. but offered to do the work on a time and materials basis. As you may recall, City
forces have already completed a portion of the cleanup and restoration, primarily to repair
pavement and address trench safety issues,with approximately S11,000 in cost accumulated thus
far. Based on discussion with City Public Works staff over the last few days,the following
approach is recommended to address the remaining cleanup and restoration:
• Television inspection of installed sewers: to be performed by City forces with equipment
recently acquired. Time and material costs could be accrued and charged against the project
funds.
• Site grading;turf, landscape,and fence restoration; removal of surplus dirt and debris: to be
performed by City forces. Time and material costs could be accrued and charged against the
project funds.
• Completion of sewer tie-ins to new manholes: to be performed by XIT by change order, with
costs to be negotiated.
With respect to the City's contractual relationship to the bonding company (Gramercy),we are in
receipt of a copy of Gramercy's latest proposal,dated November 10,1997,addressed to the City
Attorney(copy attached). It appears that they propose to turn over all remaining contract funds to
the City and pay an additional $5,000 for the City take over the completion of the contract. In
turn,Gramercy would be released from their performance bond,which effectively removes any
recourse in warranty issues on the 2&S work. Gramercy indicates,however,that the payment
bond would remain in effect_ While we are not qualified to comment on the case law cited by
Gramercy or the legal issues involved, this offer appears to be reasonable and consistent with our
most recent direction,that being to remove Gramercy from the project to eliminate any additional
delays.
In summary,we recommend the City(1)accept the November 10, 1997 offer from Gramercy;
(2)award a contract for completion of the project to XIT Paving&Construction for their low bid
amount of S256,819,and(3)authorize the Public Works Director to complete the designated
cleanup and restoration work items. Please do not hesitate to call if there are any comments or
questions on the enclosed.
Very truly yours,
THE HOGAN CORPORATION
rry K. son, P.E.
Vice President
Enclosures
cc: Jack Jones,Director of Public Works
Richard Abernathy City Attorney
Lee Lawrence, Southwest Consultants
City of Wylie,
Water end Sewer Improvements through the 7exee Community Development Prolamin
BID SUMMARY <�
ro
es
cis
• NOTE: "Remaining Est.Qtya.'are Original Bld Form Quantities minor gwntilieepaid lor thus let.
Osig. XQ Moos Cosratauctipp BO b
hem Eel. Remaiing Eat
N O.ty. Unit Qeaviption Qty. Una Price 0.moumt Unit Price Amount Unit Price Amount r
r-i
Bid kerns-Wets to
in.
WI 20 L.F. 4-inch AV/WA CI-900.DR18 PVC Water Pipe 20 520.00 $400.00 127.00 $540.00 $20.00 $400.00
W2 10 L.F. 8-inch AV/WA C-900.DR18 PVC Water Pipe 0 $0.00 $0.00 $0.00 $0.00 $30.00 $0.00
W3 5680 L.F. B-inch AWWA C.900,DRIB PVC Water Pipe 2405 $24.40 658,682.00 132 40 S77,922.00 $35.00 $84,1 75.00
1,3
0/4 2 Ea. 4-inch Gate Valve and Box 1 $350.00 $350.00 $320.00 $320.00 $500.00 $500.00 0
-,a
t o
W5 2 Ea. 6.inch Gate Valve and Box 0 30.00 $0.00 30.00 $0.00 1600.00 $0.00
.in.
W8 14 Ea. B.inch Gate Valve and Box 5 $6)5.00 $3,375.00 $490.00 12.,450.00 1700.00 $3.500 00 co
O
W7 I Ea. 8'x8"Tapping Sleeve.Gale Valve.and Box 0 $0.03 $0.00 10,00 $O.00 $3,000.00 $0.00 -"a
r-
V18 2 Ea. 12"x8'Tapping Sleeve,Gste Valve,and Box 2 11,975 03 $3,950.00 53,500.00 $7,000.00 $4,000.00 58.000.00 co
tps
4W9 1 (a. 14"x8'Tapping Sleeve,Gate Valve,and Box 0 50.00 $0.00 $0-00 $0.00 $5,000.00 $0.00
11'10 127 Ea. Disconnecting and Reconnecting Existing 314'Water 76 1411.00 $31,236-00 $400.00 $30.400.00 1300.00 $22.800.00
Service including New Service Tubing, Tap to Nenv
Main,and All Necessary Fittings
WI 1 3 Ea. Disconnecting and Reconnecting Exisliag 1"Water 1 S485 00 $485.00 S450.00 .4450.00 1350.00 $350.00 .
Service,including New Service Tubing, Tap to New e-1
Main.and All Necessary Fitaengs =
to
Vil 2 14 Ea Standard Fite Hydrant Assembly.:aclyding Fittings, 7 11,90000 ST 3,300.00 11,900 00 113,300.00 11,500.00. S11,200.00
5"Lateral Pipe,and Gate Valve
W13 2 Ea Connecting to Existing 1 inch Water Main 1 S375.00 5375.00 S250.00 1250.00 $1,00000 41,000.00
X,
W14 1 Ea Connecting to Existing 2-inch'Water Man 1 $550.00 1550.00 S350.00 $350.00 $1,000.00 $1,000.00 A
O
vQ
WI5 4 Ea. Connecting to Ems tir.g 4-inch Wiwi Main 2 S520.00 $1,040.00 $500.00 01.000.00 $1,000 00 $2,000.00
`O
W1B 3 Ea. Connecting to Emoting 6-inch Water Main 2 $550.00 $1.100.00 1650.00 11,300.00 $1,000.00 12,000.00
A
W I 7 3 Ea. Connecting to Exacting 6-inch Water Main 2 $600.00 $1,200.00 $800.00 11.600.00 $1,000.00 $2,000.00 1
J1
W19 1 Ea. Conneclarg to Existing I4-inch Water Main 0 $0.00 $0.00 $0.00 $0.00 11,500.00 $0.00
✓C
W20 2.45 Ton Fittings 1.57 $3,300.00 $5.181 00 $3.200.00 $5,024.00 $4,000 00 18,280.00 r
✓-1
11
W21 I Ea. Connecting to Existing Fire Hydrant Assembly 1 1375.00 1'375.00 1800.00 $800.00 $500.00 1500.00 Ti
`l1
W22 9 Ea. Culling,Plugging,Removing,and Salvaging Existing 7 S450.00 13,1511(4 $700.00 $4.900.Cr0 $225.001 $1,5)5.00 00
r-r
Fire Hydrant Assembly n
R7
W23 54 L.F. Bering Under P.anlroad, red.Cuing Pipe 54 $15000 $8,100.00 S275.00 $14,850.00 $250.00 S13,500.00
W24 880 L.F. Furnishing,Installing.and Ma:riaining Trench Saltily 380 $1.50 $570.00 $1.00 $380.00 $2.00 1760.00
System
Subtotal Bd Amount.Waled - 0133,419,00 4152,1338.00_ 8161,640.0Dtrg
<
en
O
0
PROJECT COSTS TO DATE FOR TEXAS COMMUNITY DEVELOPMENT PROGRAM (8512 AND 9501)
PAYMENTS BALANCE
VENDOR NAME TO DATE RETAINAGE ON CONTRACT COMMENTS
Z&S CONSTRUCTION 259,596.77 13,662.99 * 0.00
XIT CONSTRUCTION 0.00 0.00 256,819.00
HOGAN CORPORATION 37,400.00 0.00 0.00
5,280.00 0.00 1,320.00
SOUTHWEST CONSULTS 19,850.00 0.00 1,150.00
ABERNATHY, RODER 6,273.14 0.00 0.00
CISNERO, CHEREE 285.00 0.00 0.00
COLLIN CTY. CLERK 32.00 0.00 0.00
COPPINGER, JIMMY 10.00 0.00 0.00
EUBANKS TRUCKING 520.00 0.00 0.00
JACKSON &ASSOC. 1,000.00 0.00 0.00
LADD, JESSE 500.00 0.00 0.00
PSI 358.50 0.00 0.00
PAUL SPRADLING 16,944.20 0.00 0.00
SOUTHERN PACIFIC 2,975.00 0.00 0.00
WYLIE UNITED METHOD. 600.00 0.00 0.00
ISSUE COSTS 5,520.00 0.00 0.00
357,144.61 13,662.99 259,289.00
630,096.60 TOTAL ESTIMATED PROJECT COST
*RETAINAGE HELD BY CITY
TCDP.WK4 02/05/98 09:50 AM
WYLIE CITY COUNCIL
ACTION AGENDA COMMUNICATION
February 10, 1998
Issue
Discuss and consider approval of a Preliminary Plat submitted by D. R. Horton for a
114.78 acre,'359 lot residential development designated as Twin Lakes Phase II located
north of the Twin Lakes Phase I subdivision east of S. Ballard Avenue.
Background
D. R. Horton-Texas Ltd., Arlington ,TX. has submitted a Preliminary Plat for the Twin Lakes
Phase II Subdivision prepared by Corwin Engineering. The Preliminary Plat is for 114.78
acres and will contain residential lots in three Zoning Districts. The original Zoning and
Platting of this Phase of Twin Lakes occurred in 1987 and 1988 respectfully. Lot totals per
Zoning District break down as follows: "SF-1"- 68 lots, "SF-2"-104 lots and "SF-3"-187 lots.
The Zoning Districts are delineated on the Preliminary Plat.
Per the City of Wylie's Subdivision Regulations, an owner or developer must follow certain
procedures when subdividing for development of any lot, tract or parcel of land within the
Wylie City Limits (or within its jurisdiction). These procedures involve the approval by the
Planning and Zoning Commission (P&Z) and City Council of a Land Study, Preliminary Plat
and Final Plat respectively.
The purpose of the Land Study is to provide sufficient information to allow the City staff to
review a general plan for the development of a property and make recommendations. The
Land Study is a general plan which shows the location of the proposed development,
arrangement of streets, alleys and lots, existing municipal facilities (water, sewer) and other
important features. The provisions in the Subdivision Regulations that require a Land Study
allow for that step to be omitted if the development is a replat of a subdivision that has already
been approved.
Twin Lakes Subdivision had already had approval as a Preliminary Plat and even had a Final
Plat submitted for Phase II in 1988. The Preliminary Plat under consideration tonight is almost
a duplication of that Plat, but it reflects current regulations from the City of Wylie Subdivision
Regulations, Water and Sewer Design Manual, and the Paving Standards. The lot totals per
zoning districts differ by only 1 more "SF-2" lot and 1 less "SF-3" lot. This Preliminary Plat also
does not reflect the platting of the "R"-Retail lot that fronts S. Ballard.
The Preliminary Plat must conform to the Comprehensive Land Use Plan and development
ordinances of the City. The Community Development Department must determine that all
necessary information has been submitted and recommend approval before the Preliminary
Plat is considered for approval by the P&Z Commission. After a recommendation by P&Z to
City Council for approval it will then go before the City Council for their approval.
Action Agenda
Twin Lakes Phase 11-Preliminary Plat
Page 1
Background -continued
Approval of the Preliminary Plat by the P&Z and City Council constitutes authorization by the
City for the developer to submit application for approval of a Final Plat subject to compliance
with any conditions attached to the approval of the Preliminary Plat.
Board Recommendations
The Planning and Zoning Commission voted to recommend to City Council approval of the
Preliminary Plat for Twin Lakes Phase II by a vote of 5 - 0 (2 members absent) at its January
19, 1998 meeting.
Staff Recommendation
Staff recommends approval of the Twin Lakes Phase II Preliminary Plat as submitted by D.
R. Horton-Texas Ltd.
Financial Considerations
N/A
Other Considerations
Per the adopted Wylie Subdivision Regulations, the Planning and Zoning Commission of the
City of Wylie is vested with the authority to review, approve, conditionally approve and
disapprove applications for the platting or subdivision of land, including land studies,
conveyance plats, preliminary plats, final plats, amended plats, replats and vacation of plats.
The P&Z may grant variances from these regulations.
All major subdivisions shall be subject to final approval by the City Council.
Attachments
Preliminary Plat Application
Location Map
Area Zoning Map
Preliminary Plat
Paitti)J-N 7Yr.Az. e ? .
Prepared by CC) Revi ed by Fin ce City Manager Approval
Action Agenda
Twin Lakes Phase ll-Preliminary Plat
Page 2
rc
17 97 02: 55p Rebecca Rogers 972-442-8154 p. 2
Page 1 of 3 City of Wylie (1/95)
APPLICATION AND PRELIMINARY PLAT CHECKLIST
Date ( z-/L /?7
Name of Proposed Development � � eFv,l
Name of Property Owner/Developer .� , -�,OA- )<71,&
Address --SA -� �� o G4q '"
Phone crp, —
Owner of Record ku
Address off, U lVQCMotA. 1A42-k-/ (13./1I.e- (> Phone c'7a. ` 4.) , a E,
Name of Land Planner 6Dry.416 Es iseee,z 7.nc
Surveyor/Engineer
Address tI3i L,5 j R,,/ °. 3 1�diIz� ?�c Phone QZZ-giro-035
Total Acreage 1114.05 Current Zoning
Number of Lots/Units 35
Signed L
The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24"x 36", showing all
data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of blueline prints shall
be submitted along with a copy of the boundary traverse calculations of the subdivision. "Plats prepared
using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on
diskette to the City.
The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision
Regulations. The following checklist is intended only as a reminder and a guide for those requirements.
Provided or Not
Shown on Plat Applicable
1 . The boundary line (accurate in scale and orientation) of the tract
to be subdivided.
/2 97 02: 56p Rebecca Rogers 972-442-8154 p. 3
Page 2 of 3
---- 2. The location, widths and names of all existing or platted streets or
other public ways within and adjacent to the tract, existing
permanent buildings, railroads, rights-of-way and other important
features, such as abstract lines, political subdivision or corporation
• lines and school district boundaries.
3, Existing sewer mains, water mains, drainage culverts or other
underground structures and utilities within the tract and immediately
adjacent thereto with pipe sizes, grades and locations indicated.
4. Contours with intervals of two feet(2') or less, referred to mean sea level datum, by actual field survey.
5. The names of adjacent subdivisions and/or the names of record
owners of adjoining parcels of unsubdivided land.
6. The proposed name of the subdivision.
7. North arrow, scale, date and approximate acreage of the
proposed subdivision.
8. The names, addresses and telephone numbers of the subdivider
and of the engineer, surveyor or planner, responsible for preparation
of the plat.
9. The tract designation, zoning classification and other description
according to the real estate records of the City or proper county
authority; also, designation of the proposed uses of land within the
subdivision, including the number of lots of each classification.
•
10. All parcels of land intended to be dedicated for public use or
reserved in the deeds for the use of all property owners in the
proposed subdivision, together with the purpose of conditions or
limitation of such reservations.
1 1 . The layout, names and widths of proposed streets, alleys and
easements, such as drainage easements, access easements,
electrical easements and maintenance easements,
12. Provision for the connection of streets with other streets adjacent
to the subdivision and for extension of streets to undeveloped
property. Also a Circulation Plan indicating how continuous ingress
and egress from existing residences and for City Staff will be
maintained.
7 97 02: 56p Rebecca Rogers 972-442-8154 p. 4
Page 3 of 3
------ 13. The proposed base flood floodplain limits and elevations on a
one-foot contour interval for all open channels,
---- 14, A plan of the proposed water and sanitary sewer mains and
proposed drainage facilities, including drainage areas, location of
lines, inlets, culverts, bridges, provisions for discharging onto and
crossing adjacent properties and calculated runoff and points of
concentration.
15. A location map of the proposed subdivision on a scale of 1" _
1 COO' showing existing and proposed streets and thoroughfares
covering an area at least one mile outside the proposed subdivision,
16. Typical cross-sections of proposed streets showing the width and
cross slope of pavement, type of pavement and location, width and
cross slope of sidewalks. Title Block shall indicate the date of the
current submittal and the revision number.
17.A notice shall be placed on the face of each Preliminary Plat by
the subdivider (see wording).
18. An approval block/certificate shall be placed on the face of
each Preliminary Plat by the subdivider (see wording),
Taken by:
File No.:
Date:
Fee:
Receipt No.: 11 5"57/o7Lf2
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