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03-13-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, March 13, 2001 610(kponAtirt*moptxtmitihange Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Action Taken INVOtgldigaigaittia.giatatitaiMetillEMENE11111111111111111 Rev Eric Hartman,First Baptist Church of Murphy. • Proclamation declaring the Month of March as Red Cross Month. Brief presentation of the activities of the Red Cross. Members of the Red Cross Board accepting. • City of Wylie Code Updates—Dale Jackson,Building Official • Capital Improvement Plan & Impact Fees — Chris Hoisted, City Engineer & Claude Thompson, Planner. • Presentation&Discussion on a 1999 Bond Project-Rustic Oaks Drainage Channel. CONSENT AGENDA ..4otrailtaattaimmegowatiAtogik**,:mptiget:motagogog.wmgoitogoodapywg A. Approval of the minutes from the regular meetings of January 23,2001 and February 13, 2001. .......................................... ITEMS FOR ThDWffiUAL CONSIDERAflON AND ACTION Adoption of Ordinances 1. Consider and act upon an Ordinance adopting the 2000 Edition of the Uniform Mechanical Code, repealing Ordinance numbers 93-23 and 88-32 and repealing all conflicting ordinances. 2. Consider and act upon an Ordinance adopting the 2000 Edition of the Uniform Plumbing Code, repealing Ordinance numbers 94-43 and 88-30 and repealing all conflicting ordinances. 3. Consider and act upon an Ordinance adopting the 1999 Edition of the National Electrical Code,repealing Ordinance number 94-53 and repealing all conflicting ordinances. 4. Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Building Code, repealing-Ordinance numbers 94-38 and 88-28 and repealing all conflicting ordinances. 5. Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Code for Building Conservation and repealing all conflicting ordinances. 6. Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, repealing Ordinance numbers 94-37, 93-25 and 88-28 and repealing all conflicting ordinances. 7. Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Housing Code, repealing Ordinance numbers 94-36 and 88-29 and repealing all conflicting ordinances. 8. Consider and act upon an Ordinance adopting a new Swimming Pool code and repealing all conflicting ordinances. 9. Consider and act upon an Ordinance adopting a new Section 2.00 "Construction Permits and Fees" of Appendix C of the City of Wylie Code of Ordinances and repealing all conflicting ordinances. Planning Item 10. Consider and act upon a Preliminary Plat for the Cascades Apartments Wylie Addition, proposed by Hickman Consulting Egnineers,Inc.,for the property generally located east of Country Club Road (FM 1378) and south of Parker Road (FM 2514), being all of a certain 12.02 acre tract situated in the James McUlmurry Survey,Abstract No. 629, City of Wylie,Collin County,Texas. Miscellaneous 11. Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Kirby Street paving project; establishing procedures for the acquisition, by purchase or condemnation,of property. 12. Consider and act upon authorizing the City Manager to execute and award a contract to Shimek,Jacobs & Finklea, L.L.P., Consulting Engineers, in the amount of $340,800 for engineering services related to the construction of Alanis Drive from SH 78 to South Ballard Avenue. 13. Consider and act upon authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No.97-576-08-25 14. Consider and act upon the acceptance of U.S. Department of Justice (COPS in Schools) Grant award. 15. Consider and act upon authorization to create the position of Public Information Officer. .,::.?'t? BEY> >A.:.:::.>.:.:.;. �.��...)�,fix.!Al±`s( �t:A�IG.Ia.,.'�.. t`�'�::t�;Vic::..: `..................... :::.::::::.::: . : :£�C. ::.:......... In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session,those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of , 2001 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. City Secretary Date Notice Removed 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 Secretary's office at 972/442-8100 or TDD 972/442-8170. Page 2 of 2 MINUTES Wylie City Council Tuesday, January 23, 2001 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Council Present:Mayor John Mondy,Councilman Joel Scott,Councilwoman Reta Allen,Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C.Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager, Mindy Manson, Assistant City Manager, Brady Snellgrove, Finance Director and Barbara Salinas,City Secretary. INVOCATION& PLEDGE OF ALLEGIANCE David Eden,Pastor Metro Church of Garland The Mayor convened into Work Session at 6:00 p.m. WORK SESSION • Discussion on authorizing the City Manager to enter into a contract between the City of Wylie,the Town of St.Paul,and Baron Cook for the provision of sewer services. City Manager, Biff Johnson provided a brief background on the history of the contract for provision of sewer services. He stated that in May of 1999, Council had authorized the City Manager to execute an agreement, however, there were some issues that needed to be clarified prior to proceeding with the agreement. The issue specifically deals with the Council's intent with regard to provision of sewer service outside of the city limits. Mr. Baron Cook was also present and explained to Council what he understood the intent of the agreement to be,which was to provide sewer to 165 acres. Mr. Cook stated that he has since been approached by the Wylie Independent School District with regard to an approximate 40 acres tract of land for the proposed Junior High/Intermediate School site. Mr. Cooks' concerns were that if Council was reconsidering the motion to provide sewer to the 165-acre site and he proceeds with the school land purchase, would the city still provide sewer to the school and the remaining'A acre lots. He stated that if the school purchased the land, he would lose approximately 60 acres. There was considerable discussion on the basis for which Council approved the motion made in May of 1999. The minutes reflect only that an agreement was made to provide sewer services, however, some remembered that there was discussion on the lot size (3/4 acre lots) which contributed to Council's decision to approve the agreement. Mr. Cook stated that with 34 acre lots,he would have approximately 153 lots and with '/2 acre lots he would have 210 lots and if he sells to the WISD, approximately 150 lots, or the same density. Mr. Cook felt that what Council approved was the provision of sewer to the 165-acre tract,not the lot size and that the reason for discussion is due to the possibility of the purchase by the WISD for a future school site. Mr. Johnson concluded that after direction from Council,he would discuss further with Mr. Cook. The Mayor then reconvened into Regular Session at 7:00 p.m. Minutes of January 23,2001 Wylie City Council Page 1 CITIZENS PARTICIPATION There was no citizen's participation. CONSENT AGENDA All matters listorl under the Canned Agenda are considered to be ratgine by the City Council and will be enacted by t►tte motion. There will not be separate discussion of these its If discussion is desired,that item will be removed from the Consent Agenda and will be etmidered may. A. Approval of the Minutes from the December 18,2000 Meeting and the Regular Meeting of January 9,2001. Councilman Scott made a motion to approve the Minutes from the December 18, 2000 Meeting and the Regular meeting from the January 9, 2001 meeting with the following correction. Page 4 of the January 9, 2001 minutes should be renumbered correctly to reflect the correct items numbers "8, 9, and 10". With the stated changes, Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. ITEMS FOR INDIVIDUAL CONSIDERATION AND ACTION 1. Consider and act upon the appointment of an Ad Hoc member to the Planning & Zoning Commission to serve on the Impact Fee Advisory Committee. Councilwoman Allen made a motion to appoint Mr. Tommy Pulliam as an Ad Hoc member to the Planning and Zoning Commission to serve on the Impact Fee Advisory Committee. Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0. 2. Consider and act upon approval of 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. Councilman Scott made a motion to approve Resolution No. 2001-01 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. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,7-0. 3. Consider and act upon an amendment to Ordinance 88-22 altering the no parking area established for Springwood Street. Assistant City Manager, Mindy Manson addressed this item providing Council with a brief background on this item. She stated that this area was evaluated by the Police Department and it was determined that the no parking area would help the traffic flow. She stated that signs would be posted Councilman Young made a motion to amend Ordinance 88-22 altering the no parking area established for Springwood Street. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 7- 0. 4. Consider and act upon a Final Plat for Lot 2A,Block A of the Westgate Center Addition, being a replat of the Gateway Enterprises, Inc., proposed by Probeck Land Surveyors, for the property located at 900 Westgate Way, and being a replat of a portion of Lot 2 of Block A of the Westgate Center Phase One Addition, situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie,Collin County,Texas. Councilman Worley made a motion to approve the Final Plat for Lot 2A, Block A of the Westgate Center Addition,being a replat of the Gateway Enterprises, Inc.,proposed by Probeck Land Surveyors,for the property located at 900 Westgate Way, and being a replat of a portion of Lot 2 of Block A of the Westgate Center Phase- One Addition, situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. Minutes of January 23,2001 Wylie City Couna7 Page 2 5. Consider and act upon award of a bid for chain link fencing at Community Park baseball fields and storage area. Parks and Recreation Superintendent Mr. Bill Nelson addressed this item providing Council with a brief description of the fencing project. Council expressed some concerns regarding the use of chain link fencing and asked staff to look at alternatives to shield the storage area Councilman Scott made a motion to approve the bid for chain link fencing at Community park baseball fields and storage area, with approval to allow the City Manager discretion to determine alternate means of shielding the storage area. Councilman Trout seconded the motion. A vote was taken and the motion was approved,7-0. 6. Consider and act upon award of a bid for the installation of street lights for the Ballard Street medians. Parks and Recreation Superintendent Mr. Bill Nelson addressed this item providing Council with a brief background of the lighting project and description of the proposed light fixtures. Mr. Nelson stated that staff is recommending award of bid to Artex Electric in the amount of$24,655 for the installation of street lights in the medians on South Ballard. Councilman Scott made a motion to appove the bid for the installation of street lights for the Ballard Street medians. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,7-0. 7. Consider and act upon award of a bid for the purchase of athletic field bleachers. Parks and Recreation Superintendent Mr. Bill Nelson addressed this item providing Council with a brief background of the placement of the athletic field bleachers for Founders' and Community Park Staff is recommending award of bid to Hunter-Knepshield of Texas in the amount of$43,580 or the purchase of athletic field bleachers. Councilman Scott made a motion to approve the award of bid for the purchase of athletic field bleachers. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. At 7:30 p.m.,the Mayor called for a short recess before convening into Work Session. WORK SESSION—7:35 p.m. • Discussion of Current Ambulance Contract Fire Chief Shan English was present to provide Council with an update on the current Ambulance Contract with East Texas. Chief English provided a statistical information from East Texas for Council's review. There was considerable discussion regarding issues with transfer service not provided by East Texas. Chief English stated that transfer service is a separate issue and,with regard to specific businesses,lists for transport service have been provided. Chief English pointed out the number of first responses, 900 calls with 140 back up calls. There was some discussion on budgetary impacts, to which Chief English stated there were no budgetary concerns at this time. Chief English reminded Council that the next coalition meeting would be Thursday,February 1, 2001 at 3:00 p.m. at the Municipal Complex in the Council Conference Room. He stated that they would be discussing changes to the contract for submittal to East Texas. EXECUTIVE SESSION In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Law), Section 551.072, Deliberation Regarding Real Property, 200 Stone Road; Section 551.071 Consultation with Attorney on a matter(landfrll closure)in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. Minutes of January 23,2001 Wylie City Council Page 3 RECONVENE INTO OPEN MEETING As a result of Executive Session, Section 551.072, Councilman Worley made a motion to authorize the Right of Way agent to proceed with negotiations,with regard to the property located at 200 Stone Road. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. As a result of the Executive Session, Section 551.071 (landfill closure) Councilman Trout made a motion to authorize the City Manager to procure in an amount equal to the amount as set by Kansas City Southern. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 7-0. ADJOURNMENT. With no further business to come before the Council,the meeting was adjourned at 8:30 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of January 23,2001 Wylie City Council Page 4 MINUTES Wylie City Council Tuesday, February 13, 2001 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilm an Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager, Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Robert Diaz, Assistant Parks and Recreation Superintendent;Bill Nelson,Parks and Recreation Superintendent;Mike Sferra,Director of Development Services;and Barbara Salinas,City Secretary. ..::.::-:>-_..-'. :':IO.--:.:..:.. :.-:.:-<.:-:::;•::.;G: > .--,>��:.:-: :; :::;::>:: .:.:.::.NC itili< > >> <» <11111111111 111:1:111 11 >> Rev Chuck Hubbard, Gloria Dei Lutheran, Garland. • Proclamation declaring the Week of February 12-16, 2001 as "Hearts of Kindness" week in Wylie, Texas. Mayor Mondy read the proclamation declaring February 12-16, 2001 as "Hearts of Kindness" week in Wylie, Texas. Representatives from all WISD schools were present to accept the proclamation. Ms. Judy Brewster, W1SD Cirriculum Director, was the spokesperson for the group. A. Consider and act upon approving a Resolution No. 2001-02(R) ordering a Joint Election with the Wylie Independent School District on May 5,2001. B. Consider and act upon approving a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 5,2001 Municipal Election. Councilman Scott made a motion to approve Consent Agenda Items A and B. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7-0. -+ :`.. -.•,.- ? .r:::j. sifii}}iy.:}.is�.i}i'F.. i:}{ i}...::...i:.isLi.?-i9ii+iiiiii.: ::...........::::.•,. �� : e - �::if.• ::::::i::i:::::i::iii::i::i:%::i::::i::i::i::ii::ii::ii :. 1. Consider and act upon appointing a replacement to the Library Board for an unexpired term ending in July 2002. Councilman Scott made a motion to appoint Ms. Elizabeth Allen to the Library Board to fill an unexpired term ending in July 2002. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 7- 0. 2. Consider an act upon an Ordinance repealing Article VI, Chapter 78, Sections 78-231 through 78-242 of the Wylie Code of Ordinances, repealing all conflicting ordinances and adopting a separate Athletic Fields Policy to be administered by the City of Wylie Parks and Recreation Department. Minutes of February 13,2001 Wylie City Council Page 1 Councilman Trout made a motion to approve the Ordinance repealing Article VI, Chapter 78, Sections 78-231 through 78-242 of the Wylie Code of Ordinances, repealing all conflicting ordinances and adopting a separate Athletic Fields Policy to be administered by the City of Wylie Parks and Recreation Department. Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0. 3. Consider and act upon approval of an Ordinance to establish Athletic Field Usage Fees, amending the City of Wylie Fee Ordinance No.98-16,Section 41. Mr. Robert Diaz,Assistant Parks and Recreation Superintendent provided Council with a brief background of the intent of the Ordinance to establish Athletic Field Usage Fees. Mr.Diaz compared the existing and proposed fees, lighting fees,new deposit fees and late payment time span increase. Councilman Trout made a motion to approve the Ordinance to establish Athletic Field Usage Fees, amending the City of Wylie Fee Ordinance No. 98-16, Section 41. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 7-0. 4. Consider and act upon approval and final acceptance of the construction of the paving and drainage improvements along Kirby Street, and authorize final payment to Tri-Con Services,Inc.in the amount of$52,874.78 and accept the project as complete. Mr. Mike Sferra,Director of Development Services provided Council with a brief background of the project and explanation of previous change orders. Councilman Scott made a motion to approve and accept for final payment the construction of the paving and drainage improvements along Kirby Street,and authorize final payment to Tri- Con Services,Inc. in the amount of$52,874.78 and accept the project as complete. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,7-0. 5. Consider and act upon a bid for street light poles and fixtures for the Ballard Street medians. Mr. Bill Nelson, Parks and Recreation Superintendent provided Council with a brief background on the project. He stated that the lights would be maintained by the City and that they would be following up with landscaping. Councilman Scott made a motion to approve the bid for street light pole and fixtures for the Ballard Street medians. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,7-0. The Mayor then called for a short recess before convening into Executive Session. EXECUTIVE SESSION-7:22 p.m. The Mayor then convened into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Law), Section 551.072, Deliberation Regarding Real Property (100 Block of South Jackson);to deliberate the purchase,exchange,lease,or value of real property. RECONVENE INTO OPEN MEETING-7:34 p.m. As a result of the Executive Session,Councilman Young made a motion to authorize the purchase of property located at 103 South Jackson Street,Wylie,Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 7-0. Minutes of February 13,2001 Wylie City Council Page 2 ADJOURNMENT. John Mondy,Mayer ATTEST: Barbara A Salinas,City Secretary Minutes of February 13,2001 Wylie City Council Page 3 WYLIE CITY COUNCIL AGENDA ITEM NO. I I . March 13, 2001 Issue Consider and act upon an Ordinance adopting the 2000 Edition of the Uniform Mechanical Code, repealing Ordinance numbers 93-23 and 88-32 and repealing all conflicting ordinances. Background The Mechanical Code currently adopted by the City of Wylie is the 1994 Uniform Mechanical Code. The 2000 Uniform Mechanical Code has been in publication for approximately one year. The Code is updated every 3 years by way of annual code hearings held on a national level. The purpose of the code hearings is to incorporate changes in construction methods and materials into the code that occur as the result of new technology and information. The City of Wylie's currently adopted mechanical code is obviously out of date. Because of this, our insurance ranking that will be assigned by the ISO may be lower if we do not adopt a more current nationally recognized mechanical code. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Construction Board has reviewed and recommends approval of the attached ordinance. Staff Recommendation Approve the attached ordinance adopting the 2000 Uniform Mechanical Code. Attachments Copy of ordinance adopting the 2000 Uniform Mechanical Code. repay y eviewed by Finance City Manage proval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 2000 EDITION OF THE UNIFORM MECHANICAL CODE, AND REPEALING WYLIE ORDINANCE NOS. 93-23 AND 88-32; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to adopt the 2000 Edition of the Uniform Mechanical Code and to repeal Wylie Ordinance Nos. 93-23 and 88-32; and WHEREAS, the Construction Board and the building official for Wylie have reviewed the 2000 Edition of the Uniform Mechanical Code and both recommend adoption of the same by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of the 2000 Uniform Mechanical Code. The Uniform Mechanical Code, 2000 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials is hereby adopted as the mechanical code for Wylie. One (1) copy of the 2000 Uniform Mechanical Code is on file in the office of the City Secretary of Wylie being marked and designated as the Uniform Mechanical Code, 2000 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials. SECTION 3: Amendment to Wylie Ordinance No. 84-11. Section 1-1 of Wylie Ordinance No. 84-11 is amended as follows: CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board (hereafter called Board) consisting of seven (7) persons who shall be appointed by the City Council. Said Board shall replace but retain the authorities granted the Board of Appeals as provided by the 1997 Uniform Building Code, 2000 Uniform Mechanical Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted as well as the authority granted the Building Conservation Advisory and Appeals Board provided by the 1997 Uniform Code Ordinance No. Page 2 for Building Conservation as adopted as well as the authority granted the Housing Advisory and Appeals Board provided by the 1997 Uniform Housing Code as adopted. SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Ordinance No. Page 3 APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S)OF PUBLICATION: WYLIE CITY COUNCIL AGENDA ITEM NO. , March 13, 2001 Issue Consider and act upon an Ordinance adopting the 2000 Edition of the Uniform Plumbing Code, repealing Ordinance numbers 94-43 and 88-30 and repealing all conflicting ordinances. Background The Plumbing Code currently adopted by the City of Wylie is the 1994 Uniform Plumbing Code. The 2000 Uniform Plumbing Code has been in publication for approximately one year. The Code is updated every 3 years by way of annual code hearings held on a national level. The purpose of the code hearings is to incorporate changes in construction methods and materials into the code that occur as the result of new technology and information. The City of Wylie's currently adopted plumbing code is obviously out of date. Since we are currently out of date with our adopted plumbing code, our insurance ranking that will be assigned by the ISO will be lower if we do not adopt a more current nationally recognized plumbing code. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Construction Board has reviewed and recommends approval of the attached ordinance. Staff Recommendation Approve the attached ordinance adopting the 2000 Uniform Plumbing Code. Attachments Copy of ordinance adopting the 2000 Uniform Plumbing Code. Prepared by evi d by Finance City Mana e proval �Z`� ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 2000 EDITION OF THE UNIFORM PLUMBING CODE, AND REPEALING WYLIE ORDINANCE NOS. 94-43 AND 88-30; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to adopt the 2000 Edition of the Uniform Plumbing Code and to repeal Wylie Ordinance Nos. 94-43 and 88-30; and WHEREAS, the Construction Board and the building official for Wylie have reviewed the 2000 Edition of the Uniform Plumbing Code and both recommend adoption of the same by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of the 2000 Uniform Plumbing Code. The Uniform Plumbing Code, 2000 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials is hereby adopted as the mechanical code for Wylie. One (1) copy of the 2000 Uniform Plumbing Code is on file in the office of the City Secretary of Wylie being marked and designated as the Uniform Plumbing Code, 2000 Edition, copyrighted by the International Association of Plumbing and Mechanical Officials. SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. Ordinance No. Page 2 SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S)OF PUBLICATION WYLIE CITY COUNCIL AGENDA ITEM NO. 3 , March 13, 2001 Issue Consider and act upon an Ordinance adopting the 1999 Edition of the National Electrical Code, repealing Ordinance number 94-53 and repealing all conflicting ordinances. Background The Electrical Code currently adopted by the City of Wylie is the 1993 National Electrical Code. The 1999 National Electrical Code has been in publication for approximately two years. The Code is updated every 3 years by way of annual code hearings held on a national level. The purpose of the code hearings is to incorporate changes in construction methods and materials into the code that occur as the result of new technology and information. The North Central Texas Council of Governments recommended to cities in the North Central Texas region that those cities adopt the 1999 National Electrical Code effective January 1, 2000 with certain amendments. The City of Wylie's currently adopted electrical code is obviously out of date. Since we are currently out of date with our adopted electrical code, our insurance ranking that will be assigned by the ISO will be lower if we do not adopt a more current nationally recognized electrical code. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Construction Board has reviewed and recommends approval of the attached ordinance. Staff Recommendation Approve the attached ordinance adopting the 1999 National Electrical Code. Attachments Copy of ordinance adopting the 1999 National Electrical Code. repare b 4-e-:Tiled by Finance City Manag proval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1999 EDITION OF THE NATIONAL ELECTRICAL CODE, AND REPEALING WYLIE ORDINANCE NO. 94-53; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to adopt the 1999 Edition of the National Electrical Code and to repeal Wylie Ordinance Nos. 94-53; and WHEREAS, the Construction Board and the building official for Wylie have reviewed the 1999 Edition of the National Electrical Code and both recommend adoption of the same by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of the 1999 National Electrical Code. The National Electrical Code, 1999 Edition, copyrighted by the National Fire Protection Association is hereby adopted as the electrical code for Wylie. One (1) copy of the 1999 National Electrical Code are on file in the office of the City Secretary of Wylie being marked and designated as the National Electrical Code, 1997 Edition, copyrighted by the National Fire Protection Association. SECTION 3: Amendments to Article 210. A. Article 210-61 of the 1999 National Electrical Code is hereby amended to read as follows: Article 210-61. Uses other than Dwelling Units. The following listed buildings shall have a minimum of one receptacle installed for every 20 linear feet measured horizontally around the interior wall at the floor level of each room, excluding storage rooms: (a) Office buildings. (b) Mercantile buildings. (c) Restaurants. (d) Taverns. Ordinance No. Page 2 (e) Bank buildings. (f) Mechanical garages. (g) Studios SECTION 4: Amendments to Article 220. A. Article 220-22 of the 1999 National Electrical Code is hereby amended to read as follows: Section 220-22. Feeder or Service Neutral Load. The feeder or service neutral conductor shall be sized no smaller than the size of the ungrounded conductors. Exception: The feeder or service neutral conductor may be downsized a maximum of two wire sizes provided that the electrical calculations are submitted by an electrical engineer and approved by the building official. SECTION 5: Amendments to Article 230. A. Article 230-2(a) of the 1999 National Electrical Code is hereby amended to read as follows: Section 230-2 (a) Special Conditions. Additional services shall be permitted to supply (1) Fire pumps (2) Emergency systems (3) Legally required standby systems (4) Optional standby systems (5) Parallel power production systems (6) In supplying electrical service to multifamily dwellings, two or more laterals or overhead service drops shall be permitted to a building when both of the following conditions are met: a. The building has six or more individual gang meters and all meters are grouped t the same location. b. Each lateral or overhead service drop originates from the same point of service. c. B. Article 230-71(a) of the 1999 National Electrical Code is hereby amended to read as follows: Section 230-71 (a) General. The service disconnection means for each service permitted by Section 230-2, or for each set of service-entrance conductors permitted by Section 230-40, Exception Nos. 1 or 3, shall consist of not more than six switches or six circuit breakers mounted in a single enclosure, in a group of Ordinance No. Page 3 separate enclosures, or in or on a switchboard. There shall be no more than six disconnects per service grouped in any one locations. For the purpose of this section, disconnecting means used solely for power monitoring equipment or the control circuit of the ground fault protection system, installed as part of the listed equipment, shall not be considered a service disconnecting means. Exception: Multi-occupant Buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one locations may exceed six. SECTION 6: Amendments to Article 250. A. Article 250-50 of the 1999 National Electrical Code is hereby amended to read as follows: Section 250-50. Grounding Electrode System. If available on the premises at each building or structure served, each item (a) through (d), and any made electrodes in accordance with sections 250-52(c) and (d), shall be bonded together to form the grounding electrode system. The bonding jumper(s) shall be installed in accordance with sections 250-64(a), (b), and (e), shall be sized in accordance with Section 250-66, and shall be connected in the manner specified in Section 250-70. An unspliced grounding electrode conductor shall be permitted to be run to any convenient grounding electrode available in the grounding electrode system or to one or more grounding electrode(s) individually. It shall be sized for the largest grounding electrode conductor required among all the electrodes connected to it. The grounding electrode conductor shall be unspliced or spliced by means of irreversible compression-type connectors listed for the purpose or by the exothermic welding process. Interior metal water piping located more than 5 ft (1.52 m) from the point of entrance to the building shall not be used as a part of the grounding electrode system or as a conductor to interconnect electrodes that are part of the grounding electrode system. Exception: In industrial an commercial buildings where conditions of maintenance ans supervision ensure that only qualified persons will service the installation and the entire length of the interior metal water pipe that is being used for the conductor is exposed. Where a metal underground water pip, as described in item (a), is present, a method of grounding as specified in(b)through (d)below shall be used. Ordinance No. Page 4 FPN: See Sections 547-8 and 547-9 for special grounding and bonding requirements for agricultural buildings. Paragraphs (a) through (d) of Section 250-50 will remain as written in the 1999 National Electrical Code. B. Article 250-104(b) of the 1999 National Electrical Code is hereby amended to read as follows: Section 250-104(b) Metal Gas Piping. Each interior portion of a metal gas piping system upstream from the equipment shutoff valve shall be sized in accordance with Table 250-122 using the rating of the circuit that may energize the gas piping. SECTION 7: Amendments to Article 310. A. Article 310-2 of the 1999 National Electrical Code is hereby amended to read as follows: Section 310-2. Conductors (a) Insulated. Conductors shall be insulated. Exception: Where covered or bare conductors are specifically permitted elsewhere in this Code. FPN: See Section 250-184 for insulation of neutral conductors of a solidly grounded high-voltage system. (b) Conductor Material. Conductors in this article shall be of copper. Aluminum or copper-clad aluminum conductors shall not be used in the City of Wylie as an electrical conductor. B. Article 310-15(b)(6) of the 1999 National Electrical Code is hereby amended to read as follows: Section 310-15(b)(6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310-15(b)(6) shall be permitted as 120/240-volt, 3-wire, single-phase service-entrance conductors, service lateral conductors, and feeder conductors that serve as the main power feeder to a dwelling unit and are installed in raceway or cable with or without an equipment grounding conductor. For application of this section, the main power feeder shall be the feeder(s) between the main disconnect and the lighting conductors to a dwelling unit shall not be required to be larger than their service-entrance conductors. The grounded conductor shall be permitted to be Ordinance No. Page 5 smaller, than the ungrounded conductors, provided the requirements of Sections 215-2, 220-22, and 230-42 are met. This section shall not be used in conjunction with Section 220-30. SECTION 8: Amendments to Article 336. A. Article 336-5 of the 1999 National Electrical Code is hereby amended to read as follows: Article 336-5. Uses Not Permitted. (a) Types NM, NMC, and NMS cables shall not be used in the following: (1) In any multifamily dwelling or other structure exceeding three floors above grade. For the purpose of this article, the first floor of a building shall be that floor that has 50 percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Exception: An additional level shall be permitted in multifamily dwellings where the entire structure is protected throughout by an approved automatic sprinkler system. (2) As service-entrance cable (3) In commercial garages having hazardous (classified) locations as provided in Section 511-3 (4) In theaters and similar locations, except as provided in Article 518, Places of Assembly (5) In motion picture studios (6) In storage battery rooms (7) In hoistways (8) Embedded in poured cement, concrete, or aggregate (9) In any hazardous (classified) locations, except as permitted by Sections 501-4(b), Exception, 502-4(b), Exception, and 504-20 (10)In non-residential metal frame structures (b) Types NM and NMS. Types NM and NMS cable shall not be installed in the following: (1) Where exposed to corrosive fumes or vapors (2) Where embedded in masonry, concrete, adobe, fill, or plaster Ordinance No. Page 6 (3) In a shallow chase in masonry, concrete, or adobe and covered with plaster, adobe, or similar finish SECTION 9: Amendments to Article 336. A. Article 550-13 of the 1999 National Electrical Code is hereby amended to read as follows: Article 550-13. Calculations. The following method shall be used for supply- cord mobile homes only. All others shall follow 310-15 (6) Dwelling Services and Feeders. SECTION 10: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 11: Savings/Revealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 12: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 13: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2001. Ordinance No. Page 7 John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S)OF PUBLICATION WYLIE CITY COUNCIL AGENDA ITEM NO. 4 • March 13, 2001 Issue Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Building Code, repealing Ordinance numbers 94-38 and 88-28 and repealing all conflicting ordinances. Background The Building Code currently adopted by the City of Wylie is the 1994 Uniform Building Code. The 1997 Uniform Building Code has been in publication for approximately four years. The Code is updated every 3 years by way of annual code hearings held on a national level. The purpose of the code hearings is to incorporate changes in construction methods and materials into the code that occur as the result of new technology and information. The North Central Texas Council of Governments recommended to cities in the North Central Texas region that those cities adopt the 1997 Uniform Building Code effective January 1, 1998 with certain amendments. The City of Wylie's currently adopted building code is obviously out of date. Additionally, our adopted building code is not consistent with the building code adopted by most area cities. Since we are currently out of date with our adopted building code, our insurance ranking that will be assigned by the ISO will be lower if we do not adopt a more current nationally recognized building code. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Construction Board has reviewed and recommends approval of the attached ordinance. Staff Recommendation Approve the attached ordinance adopting the 1997 Uniform Building Code. Attachments Copy of ordinance adopting the 1997 Uniform Building Code. Prepared b evi e by Finance City ana royal ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,ADOPTING THE 1997 EDITION OF THE UNIFORM BUILDING CODE, AND REPEALING WYLIE ORDINANCE NOS. 94-38 AND 88-28; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie,Texas("Wylie")to adopt the 1997 Edition of the Uniform Building Code and to repeal Wylie Ordinance Nos. 94-38 and 88-28; and WHEREAS,the Construction Board and the building official for Wylie have reviewed the 1997 Edition of the Uniform Building Code and both recommend adoption of the same by the City Council. NOW,'THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of the 1997 Uniform Building Code. The Uniform Building Code, Volumes 1,2 and 3, 1997 Edition,copyrighted by the International Conference of Building Officials, including Appendix Chapters 4, 11, 15 and 34,and excluding Appendix Chapters 3,9, 10, 12, 13, 16, 18, 21, 23, 29, 30, 31 and 33, save and except the deletions and amendments as set forth below, is hereby adopted as the building code for Wylie, regulating the erection, construction, enlargement, alteration,repair,moving,removal,demolition,conversion,occupancy,equipment,use,height,area and maintenance, of all buildings or structures in Wylie, including the issuance of permits and collection of fees, (the"1997 Uniform Building Code"). The 1997 Uniform Building Code,Volumes 1,2 and 3, 1997 Edition,copyrighted by the International Conference of Building Officials,including Appendix Chapters 4, 11, 15 and 34, and excluding Appendix Chapters 3, 9, 10, 12, 13, 16, 18, 21, 23, 29, 30, 31 and 33, save and except the deletions and amendments as set forth below, is made a part of this Ordinance as if fully set forth herein. Three (3) copies of the 1997 Uniform Building Code are on file in the office of the City Secretary of Wylie being marked and designated as the Uniform Building Code, Volumes 1, 2 and 3, 1997 Edition, copyrighted by the International Conference of Building Officials. ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE-Page 1 SECTION 3: Amendments to Section 106. A. Section 106.1 of the 1997 Uniform Building Code is hereby amended to read as follows: 106.1 Permits Required. Except as specified in Section 106.2 of the 1997 Uniform Building Code, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. It shall be the responsibility of any person,firm, or corporation,upon submittal of an application for a building permit for work regulated by this code, to register as a contractor with the City of Wylie. Said registration shall be upon forms supplied by the building official and shall become null and void on December 31st of each year. An appropriate fee for registration shall be assessed in accordance with the provisions of Appendix A of the Code of Ordinances of the City of Wylie. Exception: Any property owner who makes application for a building permit to erect or construct a single family residence,the exclusive use of which shall be for the purposes of his legal residence, shall be exempt from registration as a contractor.Any residential property owner who makes application for a building permit to erect or construct a residential accessory building at his legal address shall be exempt from registration as a contractor.Further, any property owner who makes application for a building permit at his legal address to alter,repair,move,improve, remove, convert, or demolish a structure shall be exempt from registration as a contractor. All activity requiring a permit as outlined in the Building Code, Plumbing Code, Mechanical Code and Electrical Code currently adopted by the City of Wylie shall comply with the permitting requirements and conditions of expiration as contained within this ordinance. B. Section 106.2 of the 1997 Uniform Building Code is hereby amended by deleting item numbers 1, 2, 4 and 11 from the list of items that are exempt from permit requirements. C. Section 106.4.4 of the 1997 Uniform Building Code is hereby amended to read as follows: 106.4.4 Expiration. 106.4.4.1 Non-Residential. Every non-residential permit, except those permits specifically named in this section, issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE-Page 2 after the building or work is commenced for a period of 180 days. Before such building or work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such building or work, provided no changes have been made or will be made in the original plans and specifications for such building or work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which building or work may commence under that permit when the permittee is unable to commence building or work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 106.4.4.2 Residential. Every residential permit, except those permits specifically named in this section, issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the building or work is commenced for a period of 180 days. Before such building or work can be recommenced, a new permit shall first be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such building or work,provided no changes have been made or will be made in the original plans and specifications for such building or work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which building or work may commence under that permit when the permittee is unable to commence building or work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 106.4.4.3 Swimming Pool. Every swimming pool permit issued by the building official under the provisions of this code shall expire by limitation and becomes null and void if the building or work authorized by such permit has not received final inspection approval within 180 days of the issuance of the permit. In the event of the expiration of the permit,no work or inspections shall be performed until a new permit shall be first obtained to do so, and the fee therefor shall be equal to the original fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE-Page 3 commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding thitry(30)days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 106.4.4.4 Lawn Irrigation Systems. Every Lawn Irrigation System permit issued by the building official under the provisions of this code shall expire by limitation and becomes null and void if the building or work authorized by such permit has not received final inspection approval within sixty(60)days of the issuance of the permit. In the event of the expiration of the permit,no work or inspections shall be performed until a new permit shall be first obtained to do so, and the fee therefor shall be equal to the original fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding thirty(30)days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. 106.4.4.5 Fences. Every Fence permit issued by the building official under the provisions of this code shall expire by limitation and becomes null and void if the building or work authorized by such permit has not received final inspection approval within sixty(60) days of the issuance of the permit. In the event of the expiration of the permit,no work or inspections shall be performed until a new permit shall be first obtained to do so, and the fee therefor shall be equal to the original fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 30 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE-Page 4 SECTION 4: Amendments to Section 107. A. Section 107.2 of the 1997 Uniform Building Code is hereby amended to read as follows: 107.2 Permit Fees. Permit fees shall be assessed in accordance with Appendix C,Fee Schedule, of the Code of Ordinances of the City of Wylie. B. Section 107.3 of the Uniform Building Code, 1997 edition is hereby amended to read as follows: 107.3 Plan Review Fees. Plan review fees shall be assessed in accordance with Appendix C, Fee Schedule, of the Code of Ordinances of the City of Wylie. C. Section 107.4 of the 1997 Uniform Building Code is hereby amended to add the following exception: Exception: All residential permit applications,all lawn sprinkler permit applications, all swimming pool permit applications,all fence permit applications, all miscellaneous plumbing permit applications, all miscellaneous mechanical permit applications and all miscellaneous electrical permit applications for which no permit is issued within forty- five (45) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official at his discretion. The building official may extend the time for action by the applicant for a period not exceeding thirty (30) days on written request by the applicant showing that circumstances beyond the control ofthe applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. SECTION 5: Amendments to Section 108. A. Section 108.5.6 of the 1997 Uniform Building Code is hereby amended to read as follows: 108.5.6 Final Inspection. A final inspection will be made after: (1) grading is completed; (2) all construction materials have been removed; and (3)the building is completed and ready for occupancy. No building or structure may be occupied by persons or possessions without first receiving approval from the building official. B. Section 108 of the 1997 Uniform Building Code is hereby amended to add the following subsection: 108.9 Trash Bins. Prior to the inspection of any new structure, a trash container measuring a minimum of six feet(6')by six feet(6')with a wall height of not less than four feet (4') shall be placed at the job site as a receptacle for construction related ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE-Page 5 debris. The top of the trash container may be open;however, any other openings in the container shall not allow passage of a two inch(2")diameter sphere. Disposal of refuse shall be at an approved landfill site in accordance with all applicable laws. C. Section 108 of the 1997 Uniform Building Code is hereby amended to add the following subsection: 108.10 Dirt in streets, sidewalks and or alleys. At all times during construction, all streets and alleys and the right-of-way area where the sidewalk is located within the City of Wylie shall be kept free of mud, sand, concrete, and building materials. SECTION 6: Amendments to Section 109. Section 109.1 of the 1997 Uniform Building Code is hereby amended to read as follows: 109.1 Use and Occupancy. No building or structure shall be used or occupied by persons or possessions, and no change in the existing occupancy classification or change in tenant or ownership of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Division 3 and Group U Occupancies. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the City of Wylie. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. SECTION 7: Regional Amendments to the 1997 Uniform Building Code. The 1997 Uniform Building Code is further amended as specified in the regional amendments,with"OPTION A", recommended by the North Central Texas Council of Governments, as amended(the"Regional Amendments"). The Regional Amendments are attached hereto as Exhibit "A" and incorporated herein for all purposes. SECTION 8:Amendment to Wylie Ordinance No.84-11. Section 1-1 ofWylie Ordinance No. 84-11 is amended as follows: CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board(hereafter called Board)consisting of seven(7) persons who shall be appointed by the City Council. Said Board shall replace but retain the authorities granted the Board of Appeals as provided by the 1997 Uniform Building Code, 2000 Uniform Mechanical Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted as well as the authority granted the Building Conservation Advisory and Appeals Board provided by the 1997 Uniform Code for Building Conservation ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE-Page 6 as adopted as well as the authority granted the Housing Advisory and Appeals Board provided by the 1997 Uniform Housing Code as adopted. SECTION 9:Penalty Provision. Any person,firm,corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 10: Savings/Reoealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal ofthe ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,subsections,sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE-Page 7 APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S)OF PUBLICATION ORDINANCE ADOPTING THE 1997 UNIFORM BUILDING CODE-Page 8 WYLIE CITY COUNCIL AGENDA ITEM NO. March 13, 2001 Issue Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Code for Building Conservation and repealing all conflicting ordinances. Background The City of Wylie does not currently have any code adopted concerning historic buildings. Such a code is needed to protect the historic buildings located in the downtown area when renovations and changes are made to the buildings. The Uniform Code for Building Conservation will help to preserve the historic buildings that provide such a rich and historic heritage that exists within our downtown district. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Construction Board has reviewed and recommends approval of the attached ordinance. Staff Recommendation Approve the attached ordinance adopting the 1997 Uniform Code for Building Conservation. Attachments Copy of ordinance adopting the 1997 Uniform Code for Building Conservation. ( repared b jevi ed by Finance City Ma pproval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1997 EDITION OF THE UNIFORM CODE FOR BUILDING CONSERVATION; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTWE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to adopt the 1997 Edition of the Uniform Code for Building Conservation; and WHEREAS, the Construction Board and the building official for Wylie have reviewed the 1997 Edition of the Uniform Code for Building Conservation and both recommend adoption of the same by the City Council. NOW, THEREFORE, BE IT ORDAINED BY 'IRE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of the 1997 Uniform Code for Building Conservation. The Uniform Code for Building Conservation, 1997 edition, published by the International Conference of Building Officials is hereby adopted as the building conservation code for Wylie, encouraging the continued use or reuse of legally existing structures and buildings. One (1) copy of the 1997 Uniform Code for Building Conservation is on file in the office of the City Secretary of Wylie being marked and designated as the Uniform Code for Building Conservation, 1997 Edition, copyrighted by the International Conference of Building Officials. SECTION 3: Amendment to Wylie Ordinance No. 84-11. Section 1-1 of Wylie Ordinance No. 84-11 is amended as follows: CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board (hereafter called Board) consisting of seven (7) persons who shall be appointed by the City Council. Said Board shall replace but retain the authorities granted the Board of Appeals as provided by the 1997 Uniform Building Code, 2000 Uniform Mechanical Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted as well as the authority granted the Building Conservation Advisory and Appeals Board provided by the 1997 Uniform Code Ordinance No. Page 2 for Building Conservation as adopted as well as the authority granted the Housing Advisory and Appeals Board provided by the 1997 Uniform Housing Code as adopted. SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Ordinance Na Page 3 APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S)OF PUBLICATION WYLIE CITY COUNCIL AGENDA ITEM NO. lo, March 13, 2001 Issue Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, repealing Ordinance numbers 94-37, 93-25 and 88-28 and repealing all conflicting ordinances. Background The Dangerous Building Code currently adopted by the City of Wylie is the 1994Uniform Code for the Abatement of Dangerous Buildings. The 1997 Uniform Code for the Abatement of Dangerous Buildings has been in publication for approximately four years. As a result, the City of Wylie's currently adopted dangerous building code is obviously out of date. The Code is updated every 3 years by way of annual code hearings held on a national level. The purpose of the code hearings is to incorporate changes in construction methods and materials into the code that occur as the result of new technology and information. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Construction Board has reviewed and recommends approval of the attached ordinance. Staff Recommendation Approve the attached ordinance adopting the 1997 Uniform Code for the Abatement of Dangerous Buildings. Attachments Copy of ordinance adopting the 1997 Uniform Code for the Abatement of Dangerous Buildings. a4447-7 Prepared (Rev ' anc Ma pproval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND REPEALING WYLIE ORDINANCE NOS. 94-37, 93-25 AND 88-28; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to adopt the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings and to repeal Wylie Ordinance Nos. 94-37, 93-25 and 88-28; and WHEREAS, the Construction Board and the building official for Wylie have reviewed the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings and both recommend adoption of the same by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of the 1997 Uniform Code for the Abatement of Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, copyrighted by the International Conference of Building Officials, is hereby adopted as the dangerous building code for Wylie. One (1) copy of the 1997 Uniform Code for the Abatement of Dangerous Buildings is on file in the office of the City Secretary of Wylie being marked and designated as the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, copyrighted by the International Conference of Building Officials. SECTION 3: Amendment to Wylie Ordinance No. 84-11. Section 1-1 of Wylie Ordinance No. 84-11 is amended as follows: CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board (hereafter called Board) consisting of seven (7) persons who shall be appointed by the City Council. Said Board shall replace but retain the authorities granted the Board of Appeals as provided by the 1997 Uniform Building Code, 2000 Uniform Mechanical Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted as well as the authority granted the Ordinance No. Page 2 Building Conservation Advisory and Appeals Board provided by the 1997 Uniform Code for Building Conservation as adopted as well as the authority granted the Housing Advisory and Appeals Board provided by the 1997 Uniform Housing Code as adopted. SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Ordinance No. Page 3 APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S)OF PUBLICATION: WYLIE CITY COUNCIL AGENDA ITEM NO. . March 13, 2001 MIIMIMMMIMMMIIIMMIMIMIMMIMMMIMMIMMMIMMMMMIMMMIMMMIMIMIIMMMMMM Issue Consider and act upon an Ordinance adopting the 1997 Edition of the Uniform Housing Code, repealing Ordinance numbers 94-36 and 88-29 and repealing all conflicting ordinances. Background The Housing Code currently adopted by the City of Wylie is the 1994 Uniform Housing Code. The 1997 Uniform Housing Code has been in publication for approximately four years. As a result, the City of Wylie's currently adopted housing code is obviously out of date. The Code is updated every 3 years by way of annual code hearings held on a national level. The purpose of the code hearings is to incorporate changes in construction methods and materials into the code that occur as the result of new technology and information. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Construction Board has reviewed and recommends approval of the attached ordinance. Staff Recommendation Approve the attached ordinance adopting the 1997 Uniform Housing Code. Attachments Copy of ordinance adopting the 1997 Uniform Housing Code. Prepared by evie/ ed by Finance City Mana royal ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE 1997 EDITION OF THE UNIFORM HOUSING CODE, AND REPEALING WYLIE ORDINANCE NOS. 94-36 AND 88-29; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to adopt the 1997 Edition of the Uniform Housing Code and to repeal Wylie Ordinance Nos. 94-36 and 88-29; and WHEREAS, the Construction Board and the building official for Wylie have reviewed the 1997 Edition of the Uniform Housing Code and both recommend adoption of the same by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adoption of the 1997 Uniform Housing Code. The Uniform Housing Code, 1997 Edition, copyrighted by the International Conference of Building Officials is hereby adopted as the housing code for Wylie. One (1) copy of the 1997 Uniform Housing Code is on file in the office of the City Secretary of Wylie being marked and designated as the Uniform Housing Code, 1997 Edition, copyrighted by the International Conference of Building Officials. SECTION 3: Amendment to Wylie Ordinance No. 84-11. Section 1-1 of Wylie Ordinance No. 84-11 is amended as follows: CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board (hereafter called Board) consisting of seven (7) persons who shall be appointed by the City Council. Said Board shall replace but retain the authorities granted the Board of Appeals as provided by the 1997 Uniform Building Code, 2000 Uniform Mechanical Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted as well as the authority granted the Building Conservation Advisory and Appeals Board provided by the 1997 Uniform Code for Building Conservation as adopted as well as the authority granted the Housing Advisory and Appeals Board provided by the 1997 Uniform Housing Code as adopted. Ordinance No. Page 2 SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Ordinance No. Page 3 APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S)OF PUBLICATION WYLIE CITY COUNCIL AGENDA ITEM NO. March 13, 2001 Issue Consider and act upon an Ordinance adopting a new Swimming Pool code and repealing all conflicting ordinances. Background The City of Wylie does not currently have any code that specifies swimming pool construction regulations. Such a code is needed to protect the citizens of the City of Wylie when swimming pools are constructed and to establish specific requirements regarding swimming pool construction. The attached ordinance specifies construction regulations as well as inspection and plan review requirements. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation The Construction Board has reviewed and recommends approval of the attached ordinance. Staff Recommendation Approve the attached ordinance adopting a new Swimming Pool code. Attachments Ordinance adopting a new Swimming Pool code. rep red eed by Finance City Manage pproval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,ADOPTING A NEW SWIMMING POOL CODE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE CTIVE DATE WHEREAS, the Construction Board and the building official for the City have reviewed a new Swimming Pool Code and recommends adoption of the same by the City of Wylie; and, WHEREAS,the City council has determined in its legislative capacity that adoption of such code furthers the best interest of the City; and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1: Swimmine Pool Code. A new Article XVI "Swimming Pool Code" of Chapter 22"Buildings and Building Regulations"of the Code of Ordinances of the City of Wylie,be, and it hereby is, added as set forth herein: "ARTICLE XVI. SWIMMING POOL CODE Sec. 22-590. Permit Applications All pool permit applications must contain the following information: (1) Two (2) plans stamped by the electrical service provider (TXU Electric, Co-Sery or Texas/New Mexico). EXCEPTION: Above ground pools and spas are not required to provide plans stamped by the electrical service provider. (2) Three(3)site plans indicating the location of the pool in relation to property lines and the distance the pool will be from any structures. Measurements will be made to the pool structure itself- not the water's edge. Location and setback requirements include: a. Rear Yard - The pool must be located at least five feet (5') from the rear property line. b. Side Yard - The pool must be located at least five feet (5') from the side property line. Page 1 c. Easements-Pools,pool decks and pool equipment can not be located within any easement. d. Buildings-Pools must be located no less than three feet(3')from buildings with foundations and at least one foot(1')for every one foot(1')of depth-measured to any point of excavation . For example, if a portion of a pool is five feet (5') deep, that portion of the pool must be located at least five feet (5') from a building that utilizes a foundation. NOTE: The measurement will be from the point at which the natural grade touches the foundation and any area excavated for the pool construction. EXCEPTION: Above ground pools and spas do not have a minimum required setback from foundations,but are required to comply with property line setback and easement requirements. e. Pool Equipment-Pool equipment can not be located within the front yard of a lot or within an easement. Pool equipment can not be attached to a common fence separating an adjoining property. Pool equipment can not be installed in drainage swales and designated drainage flows. (3) A completed permit application. Applications must include the name of the plumbing and electrical contractors. Incomplete applications will not be processed. (4) Permit Expiration: All pool permits expire one-hundred eighty(180) days from the date the permit is issued. Sec. 22-591. Construction and Inspection Requirements During all phases of construction, a temporary fence must be maintained around the construction area. The temporary fence must be a minimum of thirty-six inches (36") in height. The following establishes the minimum inspections required: (1) Belly Steel and Pool Placement Inspection -before any concrete or gunite can be placed, the belly steel and placement of the pool shall be inspected and approved. Rebar shall be a minimum size of three-eighths inch(3/8")and located no more than twelve inches(12") on center each way. (2) Deck Steel,Electrical Bond,Electrical Underground and Plumbing-before any concrete is placed for the pool deck, the placement of steel and the electrical bond shall be inspected and approved. The concrete deck shall be a minimum thickness of three and one-half inches(31/2"). Rebar shall be a minimum size of three-eighths inch (3/8")and located no more than eighteen inches(18")on center each way. The bond conductor shall be a minimum size of#8 AWG. A minimum of four (4) ground clamps that are evenly spaced around the pool shall be required to electrically bond the pool from stray ground current. All electrical conductors buried in the ground shall be inspected and approved prior to covering. All pool plumbing shall be subjected to a minimum water test of fifteen(15) p.s.i. Page 2 (3) P-Trap and Gas Line-before the backwash line,p-trap and gas line are covered in any way, those items shall be inspected and approved. All pools shall have a p-trap and backwash line connected to the sanitary sewer. EXCEPTION: 1) Above ground pools and spas that have a capacity of seven-hundred fifty gallons(750)or less are not required to install a P-trap or backwash line. 2) Lots that do not have access to City sewer and where sanitary drainage is provided through a septic system, no p-trap or backwash line is required; however, adequate drainage must be provided to allow for drainage of the pool. (4) Pre-Plaster Inspection-before any water is placed in the pool,the permanent fence shall be installed, inspected and approved. (5) Pool Final - before the pool is used, all pool components shall be inspected and approved. No pool equipment shall be attached to a fence located on a property line. The pool final inspection shall be approved no later than forty-five(45)days after approval of the pre-plaster inspection." SECTION 2:Penalty Provision. Any person,firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 3: Savings/Reuealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section,subsection, sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Page 3 SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S)OF PUBLICATION: Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. March 13, 2001 Issue Consider and act upon an Ordinance adopting a new Section 2.00 "Construction Permits and Fees" of Appendix C of the City of Wylie Code of Ordinances and repealing all conflicting ordinances. Background 1. New procedures will require 10 inspections on all single-family dwellings. Since it is quite common for more than one inspection to be done in order for each of the 10 required inspections to pass, staff estimates that we will do an average of 18 inspections per house. We currently charge $50.00 for a reinspection fee. Based on an average cost of$50.00 for each inspection, the cost to inspect a single-family dwelling will be approximately $900.00. We currently charge $420.00 plus ten cents a square foot for each house permit. A 2500 square foot house would incur a permit fee of $670.00. The fee is too low to pay the cost of the services we are providing. Staff proposes that the fees for single-family dwellings be increased to $650.00 plus ten cents a square foot to allow us to recover our costs. 2. Permits for in-ground swimming pools are currently $125.00 per pool. We are performing 5 different inspections for each pool. Staff estimates that we make an average of 8 trips to each job before the pool receives final inspection approval. The cost to the City is less for each pool inspection because the time required to perform the inspection is much less that the time required to perform a single-family dwelling inspection. Staff proposes that we increase the pei alit fees for swimming pools to $300.00 per permit. The average cost of a swimming pool is approximately $20,000. The permit fee increase from $125 to $300 is less than 1% of the cost of the swimming pool and will allow the City to recover the costs of the inspection and plan review services we are providing. 3. Permits for Multi-Family Construction is based on value. It is difficult to determine if the contractor places the correct construction value on the project. Additionally, inspection time is not affected by the value of the project. Inspection time is based on the size of the building and the number of dwelling units. Inspections for this type of construction are very time intensive. Staff proposes that we modify the fee for multi-family construction to charge a fee of$250.00 per multi-family unit. 4. The permit fees for commercial construction are based on value. Unfortunately, we have experienced situations where contractors have placed false low values on a project in order to reduce the permit cost. Additionally, as stated above, the time we spend inspecting projects is not affected by the cost of the carpet or paint that is used in the building. However, our time is affected by the size of the building. Basing the permit cost on the size of the building removes the uncertainty of what to charge for the permit fee and allows us to properly charge for the time we will spend inspecting that project. Contractors are unable to claim that the building is smaller than it actually is in order to reduce permit costs. Establishing the fee for commercial permits as outlined in the attachment would simplify the current commercial fee structure and remove doubts concerning whether the proper fees were calculated and charged. 5. We currently require all plumbing, irrigation and mechanical contractors to register with us. Registration fees are currently $75.00 per year. We do not require general contractors, pool contractors or backflow testers to register or pay a registration fee. Many area cities have increased their registration fees from $75.00 per year to $100.00 per year. The proposed ordinance will keep us in line with area cities. Financial Considerations The new fees should generate approximately $115,000.00 per year more than the current fee schedule based on current construction activity levels. Other Considerations N/A Board/Commission Recommendation The Construction Board has reviewed and recommends approval of the attached ordinance. Staff Recommendation Approve the attached ordinance amending Section 2.00 "Construction Permits and Fees" of Appendix C of the City of Wylie Code of Ordinances. Attachments Ordinance Fee Survey 411-ei OAMAAA-4-4"---' repared by akevi6,ved by Finance City Manager A ovii" ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,AMENDING § 2.00 "CONSTRUCTION PERMITS AND FEES"OF APPENDIX C OF THE CITY OF WYLIE CODE OF ORDINANCES, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Construction Board and the building official for the City have reviewed the Fee Schedule for Construction Permits and Fees and recommends a revision of the same by the City of Wylie; and, WHEREAS,the City council has determined in its legislative capacity that adoption of such code furthers the best interest of the City; and, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1: Construction Permits and Fees. Section 2.00"Construction Permits and Fees" of Appendix C "Fee Schedule" of the Code of Ordinances of the City of Wylie, be, and it hereby is, deleted in its entirety and the following provision substituted therefore: "§ 2.00 Construction Permits and Fees § 2.01 Building, Plumbing, Mechanical and Electrical Permit Fees When a building, plumbing, mechanical or electrical permit is required by the Building, Plumbing, Mechanical or Electrical code adopted by the Town of Flower Mound, the following fees shall be assessed: EXCEPTION: Permit fees shall not be required when the permit is for a building owned and occupied by a public agency. (a) New Single-Family Fees (including duplexes) $650.00+ 10 cents a square foot (1) A non-refundable plan review deposit of fifty dollars($50.00)is due at time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within 6 months of the date the plan was submitted for review. (b) New Multi-Family Fees (3 attached units or more) $250.00 per unit Ordinance No. Page 2 (1) A non-refundable plan review deposit equal to 10%of the permit fee is due at time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within 6 months of the date the plan was submitted for review. (c) New Commercial Fees (1) Building Permit Fees for New Construction a. $200.00 + 8 cents a square foot b. Fees for tenant finish out and shell buildings will be 75%of the above fees. c. A non-refundable plan review deposit equal to 50%of the building permit fee is due at time of plan submittal. The plan review deposit will be applied toward the cost of the building permit only if the building permit fee is paid within 6 months of the date the plan was submitted for review. (2) Plumbing, Mechanical and Electrical fees for New Construction(Each) a. $50.00 + 3 cents a square foot b. Fees for tenant finish out and shell buildings will be 75%of the above fees. (d) Fees for Additions,Alterations,Repairs,Demolition,Screening Walls,Retaining Walls and Accessory Buildings. The following fees shall be charged for small construction jobs involving additions, alterations and repairs. Larger projects that involve substantial work shall be charged as new construction at the discretion of the Building Official. Value of Construction Permit Fee $0.00 to $2,500.00 $50.00 $2,500.01 to $5,000.00 $60.00 $5,000.01 to $10,000.00 $75.00 Ordinance No. Page 3 $10,000.01 to $25,000.00 $100.00 $25,000.01 to $50,000.00 $150.00 $50,000.01 to $100,000.00 $225.00 $100,000.01 or more $300.00 for the first $100,000.00 + $50.00 for each$50,000.00 or fraction thereof. § 2.02 Miscellaneous Fees Any activity listed below shall be charged the following fee associated with the activity. Certificate of Occupancy $50.00 (only charged when no permit issued for new construction) Temporary Certificate of Occupancy $100.00 (charged for all temporary certificates of occupancy) Fence Permit $40.00 In-ground swimming pool $300.00 Spa or above-ground pool $100.00 Lawn Sprinkler $50.00 Tent $50.00 Construction trailer $50.00 Drive Approach $50.00 per approach Sidewalk $50.00 per lot Structure Moving Permit $75.00 (Any structure moved through or into the Town that exceeds 250 square feet) Additional Plan Review $40.00 per hour-Minimum one hour Appeal to the Construction Board $150.00 (Residential Case) Appeal to the Construction Board $500.00 (Commercial Case) § 2.03 Registration and License Fees General,Plumbing,Mechanical,Electrical and Irrigation contractors shall not be eligible to receive a permit within the Town of Flower Mound until they have registered with the Town as a contractor and paid the following fee. Fees shall be paid annually and registration will be valid from January 1 through December 31. Registrations received and fees paid between December 1 and December 31 of any calendar year shall be valid from that date until December 31 of the following calendar year. General Contractor $100.00 Plumbing Contractor $100.00 Ordinance No. Page 4 Mechanical Contractor $100.00 Irrigation Contractor $100.00 Backflow Tester $100.00 Pool Contractor $100.00 Fence Contractor $100.00 Electrical Contractor $100.00 Master Electrician $25.00 Journeyman Electrician $10.00 Residential Specialist $10.00 Master Sign Electrician $25.00 Journeyman Sign Electrician $10.00 §2.04 Inspection Fees Fees for the associated inspection activities are as follows: Reinspection Fee $40.00 After Hours Inspection $35.00 per hour/minimum 2 hrs Special Inspection $40.00 § 2.05 Engineering Inspection Fees Each project shall be charged an engineering inspection fee. The fee shall be three percent(3%)of the city's estimate of the cost of the public work utilities and streets of new construction which are to be dedicated to the City of Wylie as well as private commercial parking areas. Such items shall include, but not be limited to: street paving, storm drainage,water mains, sewer mains, commercial parking areas and other items designated for conveyance to the city after completion of improvements through the process of public dedication. These fees shall be paid prior to the start of construction." SECTION 2:Penalty Provision. Any person,firm,corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. Ordinance No. Page 5 SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal ofthe ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence,clause or phrase ofthis Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,and each section, subsection,clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required the City Charter and by law. PASSED AND APPROVED by the City Council of the City of Wylie, Texas this day of , 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary APPROVED AS TO FORM: Richard Abernathy, City Attorney DATE(S)OF PUBLICATION 1 Family Permit Single Fees ; , it F 1800 square foot house valued at $100,000 Rower Mound $700 The Colony - $994 Plano - $315 Mesquite - $420 Lewisville - $453 Irving - laiimism $315 Grapevine - $433 Garland - $400 Coppell $1,005 Carrollton - $475 Rockwall - $480 Sachse $994 Wylie-Current $600 Wylie-Proposed $830 $0 $200 $400 $600 $800 $1,000 $1,200 a , - Single Permit Fees E } -- -4— - Y 2400 square foot house valued at $150,000 4 Rower Mound _ $850 The Colony _ $1,274 Piano $405 Mesquite _ $420 Lewisville J $553 Irving $420 Grapevine J $558 Garland _ $456 Coppell _ $1,080 Carrollton _ $475 Rockwall _ $540 Sachse _ $1,274 Wylie-Current _ $660 Wylie-Proposed $R90 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 I i .1 ! ; or _ 1 Single Family Permit Fees 1 ._ 3 000 square foot house valued at $200 000 Rower Mound - $1,000 The Colony - $1,554 Plano - $495 Mesquite - $420 Lewisville - $653 Irving - ' $512 Garpevine - $683 Garland - $570 Coppell $1,125 Carrollton - $475 Rockwall - $600 Sachse $1,553 Wylie-Current $720 Wylie-Proposed $950 $0 $500 $1,000 $1,500 $2,000 •z { t = Family Permit Single Fees -I- _ 4,500 square foot house valued at $300,000 Flower Mound $1,300 The Colony - $2,114 Plano - $720 Mesquite $ 20 Lewisville $853 Irving $788 Grapevine - $933 Garland $855 Coppell - $1,340 Carrollton $475 Rockwall - $750 Sachse $2,114 Wylie-Current $870 Wylie-Proposed $1,100 $0 $500 $1,000 $1,500 $2,000 $2,500 ' E 6 • e , Ai or11SingleF mil Permit aFees 1 ' " '- t=--- - 6 000 square foot house valued at 400 000 Rower Mound _ $1,450 The Colony _ $2,674 Plano _ ' $945 Mesquitefiniminiimaigam $420 Lewisville $1,053 Irving $1,050 Grapevine _ $1,183 Garland $1,140 Coppeli $1,405 Carrollton _ $475 Rockwall _ $900 Sachse - $2,674 Wylie-Current _ $1,020 Wylie-Proposed $1,250 $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 i i 3 .. t t iT Fees artment } ' _- -1 € 75,000 square foot Building Valued at $3 Million Rower Mound . $25,000 The Colony _ $16,559 Plano _ $16,425 Mesquite $22,000 Lewisville $6,253 Irving . $36,250 Grapevine $12,677 Garland _ $15,000 Coppell _ $17,250 Carrollton . $10,500 Rockwall _ $7,540 Sachse $12,909 Wylie-Current _ $9,150 Wylie-Proposed $25,000 $0 $10,000 $20,000 $30,000 $40,000 • ApartmentPermit Fees dr . ` ' � 150,000 Square Foot Building Valued at $6 Million Flower Mound _ $50,000 The Colony $23,859 Plano $32,610 Mesquite $44,000 Lewisville $12,253 Irving $72,500 Grapevine - $25,052 Garland _ $30,000 Coppell _ $30,500 Carrollton _ $21,000 Rockwall $13,540 Sachse $23,859 Wylie-Current - $18,150 Wylie-Proposed . S50,000 $0 $20,000 $40,000 $60,000 $80,000 >. �- _ Commercial Permit Fees _ 4 10,000 square foot Building Valued at $500,000 - Rower Mound $2,625 The Colony $3,234 Piano $2,890 Mesquite $2,050 Lewisville $1,253 Irving $1,775 Grapevine i $2,364 Garland - $1,800 Coppell $2,360 Carrollton $1,750 Rockwall $2,040 Sachse $3,234 Wylie-Current - $1,650 Wylie-Proposed $2,oc0 $0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 s E , 1 __w 4 p I I ' ' 'i ommercl l Permit Fees a - } ' 4 _ - = 50,000 square foot Building Valued at $2 Million Flower Mound $11,425 The Colony - $9,259 Plano $11,050 Mesquite $10,250 Lewisville - $4,253 Irving - $8,275 Grapevine _ $8,552 Garland - $7,260 Coppell $10,560 Carrollton ' $7,000 Rockwall $5,540 Sachse _ $9,259 Wylie-Current - $6,150 Wylie-Proposed $8,8c0 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 ' {>-,: t 1 0 ,, Commercial Permit Fees f 1 f ` ' -+_ F --4- -1-: 100,000 square foot Building Valued at $3 Million Rower Mound _ $22,425 The Colony _ $16,559 Piano $16,800 Mesquite $20,500 Lewisville $6,253 Irving $16,400 Grapevine $12,671 Garland _ 1 $11,700 Copper $20,810 Carrollton $10,500 Rockwall $7,540 Sachse $12,909 Wylie-Current - $9,150 Wylie-Proposed $17,350 $0 $5,000 $10,000 $15,000 $20,000 $25,000 - � •, 4_ General Contractor s l Registration Fees �• � - � __� � � t Flower Mound _ $100 The Colony - $20 tI Plano _ $100 Mesquite $50 Lewisville iso Irving Grapevine $75 Garland - $60 Coppell $100 Carrollton _$0 Rockwall 30 Sachse s0 Wylie-Current -80 Wylie-Proposed P s 100 $0 $20 $40 $60 $80 $100 $120 ig 4 !►• 4 iq • I, + 1 , 1 Electrical Re istration Han 4r _ __} Fees Flower Mound The Colony ., ; $20 Plano Mesquite I 7 Lewisville $82 Irving , ., s }. $75 Grapevine Garland Coppell Carrollton I Wylie-Current Wylie-Proposed $100 $0 $20 $40 $60 $80 $100 $120 I Journeyman ■ Master M Contractor I I T- r Plumbing, Irrigation and Mechanical a._ . ' Contractor Registration Fees Flower Mound _ $100 The Colony $20 Plano _ $50 Mesquite _ $50 Lewisville $0 Ong $50 Grapevine J $75 Garland $60 Coppell - $75 Carrollton $75 Wylie-Current _ $75 Wylie-Proposed $100 $0 $20 $40 $60 $80 $100 $120 4 I i _1 i t .,1, „ , , t Lawn rinkler Permit ----, l ' 41 )' i ! __e { Fees Flower Mound $60 The Colony $50 Plano $30 Mesquite $30 Lewisville - $40 Irving - $35 Grapevine - $27 Garland _ $20 Coppell _ $60 Carrollton $35 Rockwall $15 Sachse $Z/ Wylie-Current _ $35 Wylie-Proposed $54 $0 $10 $20 $30 $40 $50 $60 $70 p . 7 i i r . , 41 r, li ,i, SwimmingPool Fees Flower Mound ,. smimmm immm The Colony - Plano . . iiimimmillill Mesquite -, . Lewisville ummimmiiiii , , Irving _ Grapevine M. ammiimiammi Garland . ""` ' , PIS Rockwall iniumiliii Sachse -...".■ Wylie-current = " _ Wylie-Proposed h.t . .-- $0 $100 $200 $300 $400 $500 II Spas/Hot Tubs ■ Above Ground Pools ' In-Ground Pools WYLIE CITY COUNCIL AGENDA ITEM NO. \O March 13, 2001 Issue Consider and act upon a Preliminary Plat for the Cascades Apartments Wylie Addition, proposed by Hickman Consulting Egnineers, Inc., for the property generally located east of Country Club Road (FM 1378) and south of Parker Road(FM 2514), being all of a certain 12.02 acre tract situated in the James McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration is for the Cascades Apartments Wylie Addition. The owner proposes to plat the subject 12.02-acre property in order to develop an apartment complex of 180 dwelling units as well as club house/leasing office and recreational open space. The property is currently unplatted, undeveloped and zoned for Multi-Family (MF) Residential uses. Financial Considerations Plat application fee has been paid. The applicant is aware that development impact fees must be paid before a Preliminary Plat can be filed with Collin County. Water: $50,400 Sewer: $190,620 Other Considerations • Staff has reviewed the proposed plat and found it to be in technical compliance with the Subdivision Regulations and all other pertinent ordinances of the City of Wylie and State of Texas. • The plat provides additional right-of-way for the future widening of Country Club Road (F.M. 1378). • Internal drives will be private and maintained by the owner, but are dedicated as access and utility easements in order to be always accessible to emergency vehicles, utility maintenance and service personnel and solid waste collections. Board/Commission Recommendations At the February 6, 2001 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this plat. Staff Recommendations Approval. The Departments of Public Works, Fire, Police and Development Services concur with this , recommendation. Attachments Preliminary Plat XL- Olt,44164-71- Prepared by evi&Ived by Finance City Man pproval WYLIE CITY COUNCIL AGENDA ITEM NO. L 1. March 13, 2001 Issue Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas, determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Kirby Street paving project; establishing procedures for the acquisition, by purchase or condemnation, of property. Background The 1999 Bond identified four major paving projects that will require the purchase of additional right-of- way. The majority of the right-of-way for the Kirby Street project has been purchased; however, some of the remaining parcels may be acquired through condemnation. The City Attorney's Office has recommended the City adopt a resolution for each project determining a public necessity to acquire right- of-way. When the alignments are finalized on the remaining paving projects, resolutions will be presented for Council consideration. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends adoption of a resolution establishing a public necessity to acquire property for the Kirby Street project. Attachments Resolution 9%10401 Prepare by evi ed by Finance City Manager pr val ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Wylie, Texas, hereinafter referred to as "City", and Shimek, Jacobs & Finklea, L.L.P., hereinafter referred to as "Engineer",to be effective from and after the date as provided herein. WITNESSETH: WHEREAS, the City desires to engage the services of the Engineer to prepare construction plans and specifications and provide construction administration services, hereinafter referred to as "Basic Services", together with certain "Special Services" for Paving and Drainage Improvements to Alanis Drive from State Highway 78 to Ballard Avenue, located in the City of Wylie, Collin County, Texas,hereinafter referred to as the "Project"; and WHEREAS, the Engineer desires to render such engineering services for the City under the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: I. Employment of the Engineer The City hereby agrees to retain the Engineer to perform professional engineering services in connection with the Project; Engineer agrees to perform such services in accordance with the terms and conditions of this Agreement. II. Scope of Services The parties agree that Engineer shall perform such services as are set forth and described in Exhibit "A" for "Basic Services" and Exhibit "B" for "Special Services", which are attached hereto and thereby made a part of this Agreement. The parties understand and agree that deviations or modifications, in the form of written changes may be authorized from time to time by the City. III. Schedule of Work The Engineer agrees to commence services immediately upon execution of this Agreement, and to proceed diligently with said service to completion as described in the Completion Schedule attached hereto as Exhibit "C" and thereby made a part of this Agreement. Engineering Services Agreement (2/13/01) Page 1 of 17 I:\6160\wylie\alanis\agrement.doc IV. Compensation and Method of Payment The parties agree that Engineer shall be compensated for all services provided pursuant to this Agreement in the amount and manner described and set forth in the Payment Schedule attached hereto as Exhibit "D" and thereby made a part of this Agreement. Engineer further agrees that it will prepare and present such monthly progress reports and itemized statements as are described in said Exhibit "D". City agrees to pay invoices upon receipt. V. Information to be Provided by the City The City agrees to furnish, if available, prior to commencement of services, all that information set forth and described on Exhibit "A", Part VI, which is attached hereto and thereby made a part of this Agreement. VI. Insurance Engineer agrees to procure and maintain for the duration of the contract Professional Liability Insurance, Worker's Compensation, General Liability and Automobile Insurance. VII. Assignment and Subletting The Engineer agrees that neither this Agreement nor the services to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Engineer further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Engineer from its full obligations to the City as provided by this Agreement. VIII. Audits and Records The Engineer agrees that at any time during normal business hours and as often as City may deem necessary, Engineer shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of one year from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. Engineering Services Agreement (2/13/01) Page 2 of 17 1:\6160\wy41eWanislaven ntdoc IX. Contract Termination The parties agree that City or the Engineer shall have the right to terminate this Agreement without cause upon thirty(30) days written notice to the other. In the event of such termination without cause, Engineer shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports photographs or other items prepared by Engineer in connection with this Agreement. Engineer shall be entitled to compensation for any and all services completed to the satisfaction of City in accordance with the provisions of this Agreement prior to termination. X. Engineer's Opinion of Cost The parties recognize and agree that any and all opinions of cost prepared by Engineer in connection with the Project represent the best judgment of Engineer as a design professional familiar with the construction industry, but that the Engineer does not guarantee that any bids solicited or received in connection with the Project will not vary from the opinion by the Engineer. XI. Ownership of Documents Original drawings, specifications and reports are the property of the Engineer; however, the Project is the property of the City. City shall be furnished with such reproductions of drawings, specifications and reports. Upon completion of the services or any earlier termination of this Agreement under Article X, Engineer will revise drawings to reflect changes made during construction as reported by the City and contractor, and he will furnish the City with one (1) complete set of reproducible and two blue-line sets of record prints. Additional prints shall be furnished at cost, as an additional service, at any other time requested by City. XII. Complete Contract This Agreement, including the exhibits hereto numbered "A" through "D" constitutes the entire agreement by and between the parties regarding the subject matter hereof. XIII. Mailing of Notices Unless instructed otherwise in writing, Engineer agrees that all notices or communications to City permitted or required under this Agreement shall be addressed to City at the following address: Mr. Michael B. Sferra Director of Development Services City of Wylie 2000 Highway 78 N. Wylie, Texas 75098 Engineering Services Agreement (2/13/01) Page 3 of 17 I:\6160\wysealanis\agrrnrnt.doc City agrees that all notices or communications to Engineer permitted or required under this Agreement shall be addressed to Engineer at the following address: Joe R. Carter, P.E. Shimek, Jacobs &Finklea, L.L.P. 8333 Douglas Avenue, #820 Dallas, Texas 75225 Phone: (214) 361-7900 All notices or communications required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is posted by the sending party. XIV. Contract Amendments This Agreement may be amended only by the mutual agreement of the parties expressed in writing. XV. Effective Date This Agreement shall be effective from and after execution by both parties hereto. WITNESS OUR HANDS AND SEALS on the date indicated below. CITY OF WYLIE, TEXAS SHIMEK, JACOBS & FINKLEA, L.L.P. CONSULTING ENGINEERS By: By: Joe . Carter, P.E., Partner Date: Date: fe-6,1 it , /3 gyp/ ATTEST ATTEST By: By: ti �/ 1(? John W. Birkhoff, P.'. ner Engineering Services Agreement (2/13/01) Page 4 of 17 I.\6 160\wylie\alanie\agremcnt.doc EXHIBIT "A" CITY OF WYLIE ALANIS DRIVE PAVING AND DRAINAGE IMPROVEMENTS FROM STATE HIGHWAY 78 TO SOUTH BALLARD AVENUE SCOPE OF BASIC SERVICES PART I: PRELIMINARY ALIGNMENT STUDY 1. Investigate status of current ownership of property and right-of-way for the project from information available from the Deed Records and Plat Records of Collin County, Texas. 2. Perform initial field surveys to locate evidence of property corners and existing right-of- way along the project. 3. Prepare an alignment study for the project including two alternate alignments for the project. 4. Prepare right-of-way strip maps for each alternate indicating existing and required right- of-way parcels. Existing right-of-way parcels shall be based on information provided by the CITY and records obtained from the Deed Records of Collin County. 5. Prepare opinions of probable cost for right-of-way based on current assessment of property value from the Collin County Appraisal District. The preliminary opinions of right-of-way cost may also include cost for partial or phased construction of the project. 6. Prepare preliminary opinions of probable construction cost for each alignment based on rough quantities of major items of construction and recent costs for projects of a similar nature. 7. Furnish the CITY ten (10) copies of the alignment study and opinions of construction cost. 8. Prepare right-of-way field notes and exhibits executed by a Registered Professional Land Surveyor in the State of Texas for the parcels necessary for the proposed alignment selected by the CITY. Provide three (3) copies of each instrument to the CITY. Engineering Services Agreement (2/13/01) Page 5 of 17 I:\6 160\wylie\alanis\agrement.doc PART II: PREPARATION OF PLANS AND SPECIFICATIONS Preparation of plans, specifications and bidding documents for paving and drainage improvements to Alanis Drive from State Highway 78 to South Ballard Avenue will include the following: 1. Attend preliminary design conference with the CITY regarding the project. 2. Review existing paving, drainage and utility plans together with landfill development plans. 3. Prepare paving plan and profile sheets. The roadway will ultimately be a six-lane divided thoroughfare with reinforced concrete pavement on a lime treated subgrade. The pavement structure will either be determined from the geotechnical investigation and traffic counts or as required by the City Paving Standard. 4. Prepare bridge plan sheets and details of construction for a bridge across Muddy Creek. 5. The roadway grade will tie into the new construction on State Highway 78 and the existing roadway at South Ballard Avenue with provision to connect to the improved roadway at Ballard Avenue and provide 2 feet of freeboard above the 100-year water surface for the crossings at Muddy Creek and the tributary to Muddy Creek. 6. Driveways and cross streets along the roadway will be sectioned to design acceptable approach slopes. 7. Prepare drainage plan and profile sheets. The storm sewer system will be an underground system with curb inlets having capacity to convey the 100-year storm according to the design criteria established in the City of Wylie Drainage Design Manual. Culverts and bridges will also be designed to convey the 100-year storm. Plans will also include a drainage area map and storm sewer calculations, inlet design calculations and culvert design calculations. 8. Establish a hydraulic gradient for storm sewer design. Tie into known water surface elevation. This will either be determined from HEC-2 computer run or as provided by the City from current Flood Insurance Rate Maps. 9. Provide an Erosion Control Plan for Strom Water Pollution Prevention. 10. Obtain information from utility companies and from review of information provided regarding existing utilities, determine utility conflicts and design resolution of conflicts. Engineering Services Agreement (2/13/01) Page 6 of 17 I:\6160\wylie\alanis\agrement.do c 11. Prepare cross sections of the proposed roadway for calculation of embankment and excavation quantities. 12. Prepare typical sections or details as may be required by the CITY to accomplish the work under this contract. 13. Prepare pavement marking and signing plans. 14. Prepare construction phasing plans to maintain access to residential and commercial property during the construction of the project. 15. Prepare traffic control plans to include traffic control signing and other devises as required by the Texas Manual of Uniform Traffic Control Devices. 16. Prepare landscape and irrigation plans under direction of the City for the medians along the project. 17. Provide miscellaneous project specific construction details. 18. Provide quality control checks on the plans for completeness and accuracy. 19. Prepare preliminary specifications, using the North Central Texas Council of Governments Standard Specifications for Public Works Construction. 20. Show the existing right-of-way and easements that can be found from the Deed Records of Collin County. Determine and illustrate additional right-of-way and easements required for construction. 21. Revise construction plans and specifications to conform to CITY review comments and information received from utility companies. 22. Advise the CITY, of any geotechnical, soil, foundation, or other subsurface investigations or any special surveys or special testing which, in the opinion of the ENGINEER, may be required for the proper execution of the project, and assist the CITY in arranging for the conduct of such investigations and tests. (The performance of these investigations, tests and surveys are not a part of the ENGINEER'S Basic Services and will not be included unless specifically authorized in writing). Engineering Services Agreement (2/13/01) Page 7 of 17 I:\6160\wylie\alanis\agrernent.doc 23. Furnish to the CITY, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local and state agencies (as distinguished from detailed applications and supporting documents for government grants-in-aid, or for planning advances not included in Basic Services). 24. Complete quantity take-off and prepare detailed opinions of construction cost identifiable with the proposals of authorized construction, which shall include summaries of bid items and quantities on the unit price system of bidding wherever practical. The ENGINEER shall not be required to guarantee the accuracy of these opinions of construction cost. PART III:BIDDING PHASE 1. Assist the CITY in the advertisement of the project for competitive bids. 2. Distribute the necessary copies of approved Construction Contract Documents needed for competitive bidding (plans, specifications, notice to bidders, proposals, etc.). The approved Construction Contract Documents will be provided to Contractors and Material Suppliers for a non-refundable fee per copy. 3. Conduct a Pre-Bid Meeting at the CITY facilities. 4. Assist the CITY in the opening and tabulation of bids for construction of the project and recommend to the CITY as to the proper action on all proposals received. Obtain the following information from the lowest bidder: a) Past work history. b) Physical resources to produce the project. Formulate opinion from information received and provide the City a recommendation for award of the construction contract. 5. Assist the CITY in the preparation of formal Contract Documents for construction and in coordinating their execution by the respective parties. Engineering Services Agreement (2/13/01) Page 8 of 17 I:\6I 60\wyGo\alanis\agre ment.doc PART IV:CONSTRUCTION PHASE 1. Conduct a Pre-Construction Conference at the CITY facilities including preparation of an agenda. 2. Attend coordination and progress meetings with contractor, quality control personnel and CITY representatives to discuss strategy, problem areas, progress and required coordination items. Make a visit to the project site either prior to or immediately after the coordination meeting. 3. Prepare written requests for information or clarification. 4. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as they pertain to the original scope of work. 5. Review monthly pay requests form prepared by CITY representative. 6. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. The ENGINEER shall not be responsible for any aspects of shop drawing submission that affect or are affected by the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the Contractor's responsibility. 7. Provide Engineering surveys to establish benchmarks and reference points for construction, one time only. Does not include construction staking. 8. Accompany the CITY during their final inspection of the project. 9. Revise contract drawings, with the assistance of the Resident Project Representative to reflect available information as to how the work was constructed. Furnish a set of reproducible mylars of these revised drawings to the CITY. Engineering Services Agreement (2/13/01) Page 9 of 17 1:\6160\wylie\alanis\agrrnxnt.doc 10. Submit a floppy disk or compact disk with design files in .DWG format. All construction plan sheets will be prepared utilizing AutoCAD Release 14 on Windows NT. No specific computer aided drafting and design specifications will be utilized. One copy of electronic files of design plans will be provided to the CITY under the following conditions: • The electronic files are compatible with AutoCAD Release 14, operating on an IBM compatible PC using Windows NT. • Undersigned does not make any warranty as to the compatibility of these files beyond the specified release of the above stated software. • Because data stored on electronic media can deteriorate undetected or be modified, the CITY agrees that the undersigned will not be held liable for completeness or correctness of electronic media after an acceptance period of thirty days after delivery of these files. • The electronic files are instruments of the undersigned's service. Where there is conflict between the hard copy drawings and the electronic files, the hard copy files will govern in all cases. • Both parties acknowledge mutual non-exclusive ownership of the electronic files and each party may use, alter, modify or delete the files without consequence to the other party. • All electronic files provided to the CITY will not contain engineer's seal, handwritten dates and signatures. PART V: EXCLUSIONS A) Providing an on-site representative. B) Providing the services of an independent testing laboratory. C) Environmental impact statements and assessments including 404 Permit applications. D) Fees for permits or advertising. E) Certification that work is in accordance with plans and specifications. F) Environmental cleanup. G) Water and sewer line replacements. H) Floodplain reclamation plans. Engineering Services Agreement (2/13/01) Page 10 of 17 I:\6 160\wylie\alan is\agremont.doc I) Title searches. J) Trench safety design. K) Quality control and testing services during construction. L) Services in connection with condemnation hearings. M) Contractor safety programs and onsite safety. PART VI:CITY'S RESPONSIBILITY The CITY will provide information regarding objectives and requirements for the Project. The CITY will provide the following information necessary for this Project: 1. All the CITY's plat, easement and construction plans and electronic drawing files related to the Project will be made available. CITY will provide copies of such information at no cost. 2. CITY will provide access to all manholes, cleanouts, water meters and valves and to all CITY right-of-way and easements along the project. 3. The CITY's Utility Operations Department will excavate to locate existing water and sewer lines for horizontal and vertical ties as necessary and requested by the ENGINEER. The ENGINEER will call to schedule a time when the work can be done. 4. CITY will take appropriate steps to notify the residents of any necessary public meetings. 5. CITY will provide both electronic drawings and hard copies of any existing topography maps in the vicinity of the project. 6. CITY will provide and disclose all factors pertinent to the Project including the known or suspected location of underground or buried obstacles. 7. CITY will be responsible for determination of the proper handling of historical monuments, homes, or other structures of importance and for informing the ENGINEER of the disposition of these elements. The CITY agrees to report promptly in writing to the ENGINEER any fault or defect in the ENGINEER's services or non-conformance with the provisions of this agreement. The CITY will designate a single representative to act in its behalf, with respect to the Project, who shall examine plans and specifications submitted by the ENGINEER and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of the ENGINEER's services. Engineering Services Agreement (2/13/01) Page I of 17 1:\6160\wylic\alanis\agrement.doc EXHIBIT "B" CITY OF WYLIE ALANIS DRIVE PAVING AND DRAINAGE IMPROVEMENTS FROM STATE HIGHWAY 78 TO BALLARD AVENUE SCOPE OF ADDITIONAL SERVICES A. Field Surveys 1. Perform topographic and land surveys for design and construction layout for the services related to the "Basic Services" as described in Exhibit "A" and to establish property boundaries along with other special surveys requested by the CITY not provided for elsewhere in this Agreement. 2. Perform topographic and land surveys to obtain cross-section information for development of computer hydraulic models necessary for the Conditional Letter of Map Revision on Muddy Creek for the Alanis Drive Bridge. B. Conditional Letter of Map Revision for Muddy Creek 1. Obtain a copy of the current effective floodplain and floodway models for Muddy Creek in the City from the Federal Emergency Management Agency(FEMA) Project Library. 2. Enter the current effective floodplain and floodway models in the BOSS International River Management System software HEC-2 program. 3. Create a preproject or revised existing conditions computer model including new structural features and new cross section information from just upstream of the confluence of Muddy Creek with Maxwell Creek to the KCS Railroad crossing. 4. Create postproject or proposed conditions computer models to help determine the length of the proposed bridge necessary to cause minimal impacts on the base flood elevations in the vicinity of the project. 5. Create exhibits for the application for Conditional Letter of Map Revision (CLOMR). The exhibits shall include cross sections, workmap with a 2-foot contour interval, proposed Flood Insurance Rate Map Panel, profiles for 10, 50, 100 and 500 year frequency FEMA flows and floodplain and floodway summary tables. Engineering Services Agreement (2/13/01) Page 12 of 17 I:\6160\wylic\alanis\agrcmcnt.doc 6. Complete the necessary application forms for a Conditional Letter of Map Revision (CLOMR) and submit the completed form to FEMA for review and approval. The initial review fee of $3,100 is included in the total estimated amount for the CLOMR. The CITY will pay any subsequent fees necessary for FEMA to complete their review and issue a letter for the application. 7. Provide two (2) complete sets of documents for the application for a Conditional Letter of Map Revision (CLOMR) for the proposed project including the necessary HEC-2 computer models, maps, sections,profiles, tables, application forms and miscellaneous information. 8. Follow up on the application by providing interpretation and technical assistance for the FEMA review. C. Geotechnical Investigation and Pavement Design 1. Perform field surveys to identify the approximate location and ground elevations of proposed borings for roadway and bridge prior to geotechnical investigation. 2. Add information from boring logs to the profile of the proposed roadway. 3. Incorporate results from pavement design analysis as directed by the CITY into proposed roadway section. D. Signalization Plans 1. Review available traffic volume data for the intersection at State Highway 78 and Ballard Avenue. Assess the signal warrants for both intersections and recommend if and when a traffic signal may be needed at both locations. 2. The signal warrant study for both intersections will be documented for use in obtaining TxDOT and City approval for signal installation as required. 3. Prepare signalization plans for the intersection with State Highway 78 utilizing TxDOT design criteria and traffic counts as provided by the CITY. Plans will include infrastructure to allow for ease of installation of signals at some future date if signals are not needed immediately. Infrastructure may include conduit,pull boxes, cable and foundations if required. 4. Prepare signalization plans for the intersection with South Ballard Avenue with consideration for ultimate street section utilizing CITY design criteria and traffic counts as provided by the CITY. Plans will include infrastructure to allow for ease of installation of signals at some future date if Engineering Services Agreement (2/13/01) Page 13 of 17 I:\6160\wylie W anis\agrement.doc signals are not needed immediately. Infrastructure may include conduit, pull boxes, cable and foundations if required. 5. Meet with TxDOT and CITY to review the plans and prepare all necessary specifications and plan sheets for the project. E. Other Services Any other services not described in either Exhibit "A" for "Basic Services" or Exhibit "B" for "Additional Services" is not included. Other Services may be added to the ENGINEER'S services under this Agreement by mutual agreement between the CITY and Shimek, Jacobs &Finklea, L.L.P. and under written authorization by the CITY. Engineering Services Agreement (2/13/01) Page 14 of 17 I:\6160\wytie\alartis agrernent.doc EXHIBIT "C" CITY OF WYLIE, TEXAS ALANIS DRIVE PAVING AND DRAINAGE IMPROVEMENTS PROJECT SCHEDULE 2001 2002 Task Name Duration Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 1 Negotiate Professional Services Agreement 0 days 2 Meet with City for Project Requirements 1 day 3 Obtain Permission to Survey 14 days 4 Perform Field Surveys 45 days 5 Research Ownership and ROW Status 21 days 6 Preliminary Alignment Study 45 days 7 HEC-2 Models for Bridge at Muddy Creek 85 days 8 Prepare Preliminary Plans for Review 100 days 9 City Review of Preliminary Plans 14 days 10 Prepare Final Plans&Specifications 85 days 11 City Review of Final Plans 14 days 12 Complete Final Comments 14 days 13 Assist City in Bidding Phase 28 days 14 Assist City in Contract Administration Phase 160 days Engineering Services Agreement (2/13/01) L:\6160\WylieWanis\Project Schedule.xls Page 15 of 17 EXHIBIT "D" CITY OF WYLIE ALANIS DRIVE PAVING AND DRAINAGE IMPROVEMENTS FROM STATE HIGHWAY 78 TO BALLARD AVENUE PAYMENT SCHEDULE Basic Engineering Services Payment for Basic Services described in Exhibit"A" shall be a lump sum amount of Two Hundred Forty Eight Thousand Dollars ($248,000.00)based on our preliminary opinion of probable construction cost of $4,580,000. The approximate percentages for major phases of the basic services are as follows: Preliminary Alignment Study (15%) $ 37,200 Preliminary Plans and Specifications (40%) $ 99,200 Final Plans and Specifications (30%) $ 74,400 Bidding Phase ( 5%) $ 12,400 Construction Administration (10%) $ 24,800 Total $248,000 The maximum overall fee established herein shall not be exceeded without written authorization from the City of Wylie,based on increased scope of services. Additional Services Payment for Special Services described in Exhibit "B" shall be based on the hourly fee schedule shown below with the following budget amounts: A. Field Surveys: Part 1 (Basic Services) $11,000.00 Part 2 (CLOMR) . $ 7,700.00 Total $18,700.00 B. Application for Conditional Letter of Map Revision: .$52,400.00 C. Geotechnical Investigation&Pavement Design: $2,400.00 D. Signalization Plans: $19,300.00 Total Budget Amount $92,800.00 The total for Additional Services listed above shall not exceed$92,800.00 without written authorization from the City of Wylie,based on increased scope of services. Engineering Services Agreement (2/13/01) Page 16 of 17 I:\6160\wylie\alanis\agrement.doc 2001 FEE SCHEDULE Classification/Task Straight Time(Rate) Engineer $140.00 Design Engineer $100.00 Senior CAD Technician $90.00 CAD Draftsman $68.00 Word Processor $68.00 Survey Crew $110.00 Plotting Services $5.00/plot Delivery Service $50.00 Computer Time (BOSS RMS) $25.00 All expenses for special services shall be at invoice cost time 1.15. Undersigned will invoice the City for the value of partially completed services, according to the services accomplished each month on a proportional basis of the overall project. Undersigned will invoice the City for direct expenses so incurred in providing such services multiplied by a factor of 1.15. The undertaking of Undersigned to perform professional services under this Agreement extends only to those services specifically described herein. If, upon the request of the City, Undersigned agrees to perform additional services (not described in Exhibit "B", "Additional Services") hereunder, the City shall pay Undersigned for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) equivalent in hours expended by personnel for additional services multiplied by the then current hourly rates, plus the reimbursable expenses ("Reimbursable Expenses") so incurred by Undersigned in providing such additional services, multiplied by a factor of 1.15. Undersigned agrees to submit a written opinion of probable costs for additional services not described in this Agreement. The City is only liable to pay for said services after agreeing in writing to pay the cost submitted in the opinion. Invoices will be submitted by Undersigned to the City monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Payments on account for basic services shall be made monthly within thirty (30) days of invoice. All invoices will be accompanied by a status report on each phase of work completed. Engineering Services Agreement (2/13/01) Page 17 of 17 l:\6160\wylia\alanis\a gremcnt.doc SHIMEK, JACOBS & FINKLEA, L.L.P. Project No. CONSULTING ENGINEERS Client: City of Wylie Date: 1/15/01 Project: Alanis Drive Paving&Drainage Improvements(3-lanes Only) Based on Scaled Distances&Approximate Quantities By: JRC PRELIMINARY ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount 1 Preparation of Right-of-Way,Clearing&Grubbing 63.0 Sta. $ 1,250.00 $ 78,750.00 2 Lime Treated Subgrade 30,240 S.Y. $ 4.50 $ 136,080.00 3 Hydrated Lime Slurry @ 36#/S.Y. 544.3 Tons $ 95.00 $ 51,710.40 4 8-inch Reinforced Concrete Pavement 28,560 S.Y. $ 30.00 $ 856,800.00 5 6-inch Monolithic Concrete Curb 15,120 L.f. $ 4.00 $ 60,480.00 6 Reinforced Concrete Driveway Approach 1,000 S.Y. $ 32.00 $ 32,000.00 7 Storm Drainage System 6,300 L.f. $ 60.00 $ 378,000.00 8 Furnish&Install Signalization Infrastructure 1 L.S. $ 40,000.00 $ 40,000.00 9 (1)360 ft.long-3 lane Bridge 18,000 s.f. $ 48.00 $ 864,000.00 10 (4)9'x9'Reinf. Concrete Box Culvert 60 L.f. $ 980.00 $ 58,800.00 11 Parallel Wingwalls w/Apron 1 L.S. $ 24,233.00 $ 24,233.00 12 Unclassified Street Excavation 6,300 C.Y. $ 8.00 $ 50,400.00 13 Construct Embankment Material 8,000 C.Y. $ 10.00 $ 80,000.00 Subtotal: $ 2,711,253.40 Contingencies and Miscellaneous Items 15% $ 406,688.01 Total: $ 3,117,941.41 USE: $ 3,120,000.00 e:\projects\wylie\alanis\prelm3In Page 1 SHIMEK, JACOBS & FINKLEA, L.L.P. Project No. CONSULTING ENGINEERS Client: City of Wylie Date: 1/15/01 Project: Alanis Drive Paving&Drainage Improvements(6-lanes) Based on Scaled Distances&Approximate Quantities By: JRC PRELIMINARY ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Description Quantity Unit Price Amount 1 Preparation of Right-of-Way,Clearing&Grubbing 63.0 Sta. $ 1,500.00 $ 94,500.00 2 Lime Treated Subgrade 50,400 S.Y. $ 4.00 $ 201,600.00 3 Hydrated Lime Slurry @ 36#/S.Y. 907.2 Tons $ 90.00 $ 81,648.00 4 8-inch Reinforced Concrete Pavement 47,600 S.Y. $ 28.00 $ 1,332,800.00 5 6-inch Monolithic Concrete Curb 25,200 L.f. $ 3.25 $ 81,900.00 6 Reinforced Concrete Driveway Approach 1,000 S.Y. $ 30.00 $ 30,000.00 7 Storm Drainage System 6,300 L.f. $ 90.00 $ 567,000.00 8 Furnish&Install Signalization Infrastructure 1 L.S. $ 40,000.00 $ 40,000.00 9 (2)360 ft. long-3 lane Bridges 36,000 s.f. $ 45.00 $ 1,620,000.00 10 (4)9'x9'Reinf.Concrete Box Culvert 110 L.f. $ 980.00 $ 107,800.00 11 Parallel Wingwalls w/Apron 1 L.S. $ 24,233.00 $ 24,233.00 12 Unclassified Street Excavation 11,400 C.Y. $ 7.50 $ 85,500.00 13 Construct Embankment Material 14,700 C.Y. $ 9.00 $ 132,300.00 Subtotal: $ 4,399,281.00 Contingencies and Miscellaneous Items 15% $ 659,892.15 fiotal: $ 5,059,173.15 USE: $ 5,060,000.00 c:\projecu\wylie\alanis\prelim-I Page I CITY OF WYLIE, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE KIRBY STREET PAVING PROJECT; ESTABLISHING PROCEDURES FOR THE ACQUISITION,BY PURCHASE OR CONDEMNATION, OF PROPERTY. WHEREAS,the City Council of the City of Wylie, Texas("City Council"), hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of the property described in Exhibit "A" and it is the City of Wylie, Texas' ("Wylie") intention to acquire, by purchase or condemnation,the real property as set out and described in Exhibit "A" attached hereto and made a part of this resolution of for all purposes (the "Property") as part of the Kirby Street Project of Wylie for the purposes of paving and drainage improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, by purchase or condemnation, of the Property described in Exhibit "A" and it is Wylie's intention to acquire, by purchase or condemnation, the Property as set out and described in Exhibit "A" attached hereto and made a part of this resolution of for all purposes as part of the Kirby Street Project of Wylie for the purposes of paving and drainage improvements. SECTION 2: The City Manager is hereby authorized to contract, on behalf of Wylie, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquisition, by purchase or condemnation, of the Property for the Kirby Street Project. SECTION 3: After consideration of said recommendation, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the Property. SECTION 4: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition, the City Manager is authorized to communicate a written offer to the owner of said Property for acquisition of said Property at the full amount determined and established to be just compensation therefore, and to negotiate with said owner on behalf of Wylie. SECTION 5: That the City Manager be and is hereby authorized to execute all documents necessary to acquire the Property needed for said project, on behalf of Wylie. SECTION 6: Should the City Manager be unable to acquire the Property by purchasing the same, the City Manager is authorized to instruct the City Attorney's Office to commence condemnation proceedings for the acquisition of the Property. SECTION 7: That this resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this day of , 2001. JOHN MONDY, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: RESOLUTION-Page 2 Condemnation Resolution BARBARA SALINAS ABERNATHY, ROEDER, BOYD City Secretary &JOPLIN, P.C. RICHARD M. ABERNATHY City Attorneys DATE(S)OF PUBLICATION: RESOLUTION-Page 3 Condemnation Resolution •2► EX t 1 T ' Al SCALE: I"= 30' .VI"'c N LOT I co N I"IOUSSA—SWITZER ADDITION CABINET 'G' SLIDE 414 Cy r2 \ do LU 0.324 ACRES -DEED �4* * ��\�<^� �vv\ a -0.075 ACRES -R.O.W. 3 r� 05C P Q(V �v�QP(� 0.249 ACRES -REMAINDER v•sr in � G ic,L:rov› P (A N vP , G,'C 4 _ cv ¢4,Q�gY' �'' JCS' PROPOSED 20' R.O.W. 0 ci.- Li Z CITY OF WYLIE N '/2" I.P. 5 87°35'00" E " sue" o y 164.36 i/2 I.P. N 01°23'45" E to SET 20.00' -------------- N 87° ��•0 is ACRES �� 5 02'24'57" W cv ® 35 00 W 164.00' I q•qq' I/2" I.P. SET I/2" I.P. SET k . < IRBY ST . ( GO ' \ POINTOF . O . BEGINNING BASIS OF BEARINGS! NORTH R.O.W. LINE OF W. KIRBY STREET PER PLAT RECORDED IN CABINET '14' SLIDE 179, M.R.C.C.T. PARCEL NO. 3 LEGAL DESCRIPTION R.O.W. STATE OF TEXAS § COUNTY OF COLLIN § BEING a tract or parcel of land situated in the S.B. Shelby Survey, Abstract No. 820, in the City of Wylie, Collin County, Texas, and also being part of Lot 1 of Moussa-Switzer Addition, an addition to the City of Wylie, Collin County, Texas, as recorded in Cabinet `G' slide 414, of the Map Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron pin set for corner in the north R.O.W. line of W. Kirby Street, (60' R.O.W.), said iron pin being the southeast corner of said Lot 1, said iron pin also being the southwest corner of Lot 2B-R of A Replat of Lot 3 and Lot 2B of Moussa-Switzer Addition, an addition to the City of Wylie, Collin County, Texas, as recorded in Cabinet 'H' Slide 179, of the Map Records of Collin County, Texas; THENCE,North 87 deg. 35 min. 00 sec. West, along said north R.O.W. line of W. Kirby Street, (60' R.O.W.), and also along the south line of said Lot 1, a distance of 164.00 feet to a 1/2" iron pin set for corner, said iron pin being the southwest corner of said Lot 1, and also being the southeast corner of a tract of land conveyed to William G. Mcdaniel, by deed as recorded in Volume 965, Page 495, of the Deed Records of Collin County, Texas; THENCE, North 01 deg. 23 min. 45 sec. East, along the common line of Lot 1 and Mcdaniel tract, a distance of 20.00 feet to a 1/2"iron pin set for corner; THENCE, South 87 deg. 35 min. 00 sec. East, a distance of 164.36 feet to a 1/2" iron pin set in the east line of said Lot 1, said iron pin also being in the west line of said Lot 2B-R; THENCE, South 02 deg. 24 min. 57 sec. West, along the common line of said Lot 1 and said Lot 2B-R, a distance of 19.99 feet to the POINT OF BEGINNING, and containing 0.075 acres of land, more or less. PARCEL NO. 3 WYLIE CITY COUNCIL AGENDA ITEM NO. \a- . March 13, 2001 Issue Consider and act upon authorizing the City Manager to execute and award a contract to Shimek, Jacobs & Finklea, L.L.P., Consulting Engineers, in the amount of$340,800 for engineering services related to the construction of Alanis Drive from SH 78 to South Ballard Avenue. Background The construction of Alanis Drive was identified as P1 in the 1999 Bond Program and included approximately 6,200 linear feet of 3-lane (1/2 of a 6-lane divided section) and the realignment of Alanis at SH 78 to intersect with Sanden Blvd. The engineering services are based on the design of the ultimate 6-lane divided concrete section and include the bridge design at SH 78. The preliminary engineering phase includes the assessment of the impacts to adjacent properties for varying pavement sections and right-of-way widths based on the current thoroughfare plan and design standards. The projected current construction cost including the bridge at Muddy Creek and 15% contingency is $3,120,000. Financial Considerations A summary of the funding sources is shown below: 1999 Bond Funding Sources P1 — Alanis Drive from SH 78 to South Ballard 3,700,000 Total Funds $3,700,000 To date, no monies have been spent on the Alanis project. A summary of the proposed engineering fee is shown below: Summary of Fees Basic Engineering Services 248,000 Special Services 92,800 Total Fee $340,800 The special services fee includes field surveys, application for Conditional Letter of Map Revision, geotechnical investigation, pavement design, and signalization plans. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Authorize the City Manager to execute and award a contract to Shimek, Jacobs & Finklea, L.L.P., Consulting Engineers, in the amount of$340,800 for engineering services related to the construction of Alanis Drive from SH 78 to South Ballard Avenue. Attachments Engineering services agreement from Shimek, Jacobs & Finklea, L.L.P., Consulting Engineers. OILdi Prepared y evi ed by Finance City Mana:- iipproval WYLIE CITY COUNCIL AGENDA ITEM NO. 13 . March 13, 2001 Issue Consider and act upon authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25 (copy attached). Background This Interlocal Cooperation Agreement replaces an existing agreement signed by the City on February 8, 2000. The County renews the Interlocal Agreements annually. The Agreement will allow Collin County to continue participation in road and bridge maintenance/improvement projects within the corporate limits of Wylie. The county may assist with general maintenance activities such as the grading, rocking, asphalt level up, seal coating, installation of culverts, cleaning of drainage ditches, mowing or brush cutting, emergency repairs to bridges, and oiling for dust control. All requests for work in the City of Wylie must be submitted to the Collin County Director of Public Services & Operations by April 1st of the year prior to the year improvements are desired to be made. Emergency requests will be evaluated by the Commissioners' Court, and authorization for work can only be given by the Commissioners' Court. By authorizing the City Manager to execute the proposed Interlocal Cooperation Agreement, the City Council will make it possible to coordinate road and bridge maintenance/improvements within the Wylie City limits in conjunction with Collin County, Texas. Under the current Interlocal Agreement, the County performed maintenance to Hensley Lane from the Service Center to Hooper and Alanis from South Ballard to the site of the closed landfill. In addition, County forces also replaced the culverts in Stone Road at Rush Creek. Financial Considerations As consideration for the services and functions provided by Collin County as part of this Interlocal Cooperation Agreement, the City of Wylie agrees to pay Collin County in accordance with the advance cost estimate submitted to them for work requested by the City of Wylie in the amount and upon the following terms and conditions: 1) Payment in full upon completion of work and receipt of bill for the same. 2) Payment to equal reimbursement in full for labor, equipment, and material expended by Collin County. Each party agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the functions and/or services provided under this agreement. Other Considerations Article II, Section 1C of the City Charter gives the City Council authority to cooperate with other governments (County, City or political subdivision) for any lawful purpose for the advancement of interests, safety, convenience and welfare of its inhabitants The Interlocal Cooperation Act, Title 7, Chapter 791, of Vernon's Texas Statutes and Codes Annotated (The "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the County to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of the State of Texas, under the terms and conditions prescribed in the Act. Board/Commission Recommendation N/A Staff Recommendation Authorize the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements. Attachments Letters from Collin County Interlocal Cooperation Agreement Collin County Road Policy for Cities Court Order No. 97-576-08-25 with supporting documentation repared by LR.eviewed by Finance City Mana pproval t Department of Public Services & Operations February 26, 2001 City of Wylie Anthony Johnson, City Manager 2000 Hwy. 78 N Wylie, Tx. 75098 Re: Interlocal Agreement with Collin County Dear Mr. Johnson: On January 4, 2001, Collin County sent a letter and Interlocal Agreement to be signed, if your City Council approved, for the County to assist with general maintenance in the corporate limits of Wylie. As of this date (Feb. 23, 2001), we have not heard from you or received the Agreement back, which was due February 15, 2001. I would appreciate a response either by phone or mail to let us know if your city is interested in this Agreement. Please respond by March 15, 2001. The phone number is 972-548-3701 or metro 972-424-1460 ext. 3701. You can respond to Pam Mills, my Office Coordinator. Respectfully, Bobby Atteberry Director of Public Services &Operations Collin County 700 A Wilmeth Road McKinney, Texas 75069• (972) 548-3701 •424-1460 ext.3701(Metro) •FAX (972) 548-3754 INTERLOCAL COOPERATION AGREEMENT WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the County, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act; and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the County and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas, a political subdivision of the State of Texas, and Ci ty of Wyl i P , political subdivision of the State of Texas which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual convenants contained herein, as well as any monetary consideration which may be stated herein. This agreement is as follows, to-wit: INTERLOCAL COOPERATION AGREEMENT PAGE 1 As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25 (COPY ATTACHED). II. As consideration for the above-described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions: 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. III. Each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, IV. This Agreement shall be effective from and after the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivisions who are parties hereto and shall remain in effect until revised or terminated, as agreed upon by both parties. COLLIN COUNTY, TEXAS Date: By: Title:Ron Harris, County Judge INTERLOCAL COOPERATION AGREEMENT PAGE 2 (Political Subdivision) Date: By: Title: INTERLOCAL COOPERATION AGREEMENT PAGE 3 COUNTY ROAD POLICY (CITIES) Section I Maintenance/Improvements to Roads Within City Limits A. Each city in Collin County is responsible for maintaining the roads and bridges within their city limits. B. Commissioners' Court desires that a consistent policy be continued concerning road work performed by the county within the corporate limits of cities as Coffin County has limited funds,personnel and equipment available for these projects. C. Commissioners' Court may consider making or participating in improvements to roads and bridges within the corporate limits of a city as follows: (a)General maintenance items to include rocking,grading,asphalt level up, sealcoating,oiling for dust control,installation of culverts,cleaning of drainage ditches,mowing or brushcutting and emergency repairs to bridges. (b).Major improvements such as the construction or reconstruction of roadways will only be considered if the road is on the Coffin County Thoroughfare Plan. D. A city must be entered into an Interiocal Cooperation Agreement with Coffin County prior to work being performed by Coffin County for that city. • E. All requests must be submitted to the Director of Public Works by April 1st of the year prior to the year improvements are desired to be made. Emergency requests will be evaluated by Commissioners' Court upon the merits presented by the requesting city. F. Authorization for work in cities can only be given by Commissioners' Court. Section 11 Reimbursement for Work Performed by Coffin County A. Costs for road and bridge repairs or improvements will be as follows: (a)Cost of materials used for the project or one-half of the total project(mcluding labor and equipment),whichever is greater,if the road is on the Collin County Thoroughfare Plan. (b)Total cost, including materials,labor and equipment if the road is not on the Collin County Thoroughfare Plan. Page 8 COURT ORDER NO. 97- 576 -08-25 THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED COUNTY ROAD POLICY/RESCIND PREVIOUSLY APPROVED COURT ORDERS COUNTY OF COLLIN COUNTY ROAD S P RINTENDENT On August 25, 1997, the Commissioners' Court of Collin County, Texas, met in special session with the following members present and participating, to wit: Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Jack Hatchell Commissioner, Precinct 4 During such session the court considered a request from the County Road Superintendent for approval to rescind previously adopted court orders pertaining to County Road Policies, furthermore, adoption of a revised County Road Policy. Thereupon, a motion was made, seconded and carried with a majority vote of the court to adopt a revised County Road Policy effective October 1, 1997, and rescind previously adopted court orders pertaining to same. Same is hereby approved in accordance with the attached documentation. Ron Hari , C unty-Judge 4.4. e024_ • Phyllis Cole Com issioner, Pct. 1 Jerry Hoagland, Commissioner, Pct. 2 • J,bea ne , Commissioner, Pct. 3 • Wuksi?,1 Jack Hatch Commissioner, Pct. 4 ATTEST: �� •� [ /y--� /(`( _•• 'Cr j �+/ *� Helen Starnes, Ex-Officro Clerk = ;?= �� Commissioners' Court = - Collin County, TEXAS ccourt971courLordersVoadpoi 12/14/1999 02:58 FAX 9725475734 COLLIN LAVM LIBRA TX-STAT-AN - TX GOUT S 791.001, Purpose Excerpt from page 52595 follows V.T.C.A.. Government Code 4 791.001 VERNON'S TEXAS STATUTES AND CODES ANNOTATED GOVERNMENT CODE TITLE 7. INTERGOVERNMENTAL RELATIONS CHAPTER 791. INTERLOCAL COOPERATION CONTRACTS SUBCHAPTER A. GENERAL PROVISIONS Current through End of 1997 Reg. Sess. S /91.001. Purpose The purpose of this chapter is to increase the efficiency and effectiveness of local governments by authorizing them to contract, to the greatest possible extent, with one another and with agencies of the state. Copyright (c) West Group 1999 No claim to original U.S. Govt. works 12/14/1999 02:58 FAX 9725475734 COLLIN LAW LIBRA 4J03 Page 1 Citation/Title TX GOVT § 791. 002, Short Title *52597 V.T.C.A.,Government Code § 791.002 VERNON'S TEXAS STATUTES AND CODES ANNOTATED GOVERNMENT CODE TITLE 7. INTERGOVERNMENTAL RELATIONS CHAPTER 791. INTERLOCAL COOPERATION CONTRACTS SUBCHAPTER A. GENERAL PROVISIONS Current through End of 1997 Reg.Sess. § 791.002. Short Title This chapter may be cited as the lnterlocal Cooperation Act. CREDIT(S) 1994 Main Volume Added by Acts 1991. 72nd Leg.,ch. 38.§1. eff.Sept. 1. 1991. <General Materials(GM)- References,Annotations,or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1994 Main Volume Prior Laws: Acts 1971,62nd Leg.,p. 1971.ch.513. Vcrnon's Ann.Civ.SL art 4413(32c),§2. Copyright (c) West Group 1999 No claim to original U.S. Govt. works 12/14/1899 02:58 FAX 9725475734 COLLIiO LArt LibhA -k TX-STAT-AN - TX GOVT S 791.028, Contracts for Joint Payment of Road Construction and Improvements Excerpt from page 52627 follows V.T.C.A., Government Code S 791.028 VERNON'S TEXAS STATUTES AND CODES ANNOTATED GOVERNMENT CODE TITLE 7. INTERGOVERNMENTAL RELATIONS CHAPTER 791. INTERLOCAL COOPERATION CONTRACTS SUBCHAPTER C. SPECIFIC INTERLOCAL CONTRACTING AUTHORITY Current through End of 1997 Reg. Sess. S 791.028. Contracts for Joint Payment of Road Construction and Improvements (a) In this section: (1) "Highway project" means the acquisition, design, construction, improvement, or beautification of a state or local highway, turnpike, or road project. (2) "Transportation corporation" means a corporation created under Chapter 431, Transportation Code. (b) A local government may contract with another local government, a state agency, or a • transportation corporation to pay jointly all or part of the costs of a highway project, including the cost of an easement or interest in land required for or beneficial to the project. (c) A local government and a transportation corporation, in accordance with a contract executed under this section, may: (1) jointly undertake a highway project; (2) acquire an easement, land, or an interest in land, in or outside a right-of-way of a highway project, as necessary for or beneficial to a highway project; or (3) adjust utilities for the project. (d) If a contract under this section provides for payments over a term of years, a local government may levy ad valorem taxes in an amount necessary to make the payments required by the contract as they become due. Copyright (c) west Group 1999 No claim to original U.S. Govt. works Tx-STAT-AN - TX GOUT S 791.011, Contracting Authority; Terms Excerpt from page 52605 follows V.T.C.A., Government Code S 791.011 VERNON'S TEXAS STATUTES AND CODES ANNOTATED GOVERNMENT CODE TITLE 7. INTERGOVERNMENTAL RELATIONS CHAPTER 791. INTERLOCAL COOPERATION CONTRACTS SUBCHAPTER B. GENERAL INTERLOCAL CONTRACTING AUTHORITY Current through End of 1997 Reg. Sess. S 791.011. Contracting Authority; Terms (a) A local government may contract or agree with another local government to perform governmental functions and services in accordance with this chapter. (b) A party to an interlocal contract may contract with a: (1) state agency, as that term is defined by Section 771.002; or (2) similar agency of a state that borders this state. (c) An interlocal contract may be to: (1) study the feasibility of the performance of a governmental function or service by an interlocal contract; or (2) provide a governmental function or service that each party to the contract is authorized to perform individually. (d) An interlocal contract must: (1) be authorized by the governing body of each party to the contract; (2) state the purpose, terms, rights, and duties of the contracting parties; and (3) specify that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. (e) An interlocal contractual payment must be in an amount that fairly compensates the performing party for the services or functions performed under the contract. (f) An interlocal contract may be renewed annually. Copyright (c) West Group 1999 No claim to original U.S. Govt. works TO J v gI1 MVT NITIOD TtLSLtSZL6 XVI TO:CO 666T/tT/ZT WYLIE CITY COUNCIL AGENDA ITEM NO. \4. March 13, 2001 Issue Consider and act upon the acceptance of U.S. department of Justice (COPS in Schools) Grant award. Background The U.S. Department of Justice has offered to award the City of Wylie a COPS in Schools grant which will pay the salary and benefits of a police officer assigned to a school. The grant pays up to $125,000 in officer salary and benefits for a three year time period. The grant pays for 100% of the officer's salary and benefits until the funds are expended. The grant requires the creation of a new peace officer position. The new position must be funded and maintained by the City for the (three year) grant period and for one year after the grant has expired. The grant money may be used to pay the salary of an existing officer and a new officer may be hired to replace the officer placed on the grant. Financial Considerations The Department of Justice will reimburse The City of Wylie for the salary and benefits of one officer up to $125,000. This amount will pay for 100% of the salary and benefits of one officer for 2.5 years. The three year salary/benefit cost of one officer is approximately $150,000. If we anticipate adding an additional officer to the Police Department during the next three years then this grant will be a cost-effective way to do it. Other Considerations If approved this grant would be used to fund a School Resource Officer that could eventually be the SRO at the second Jr. High School. Until the second Jr. High comes on line this officer can be trained and utilized by filling in at the Jr. High and High School on a part time basis and can work patrol the remainder of the time. The Department of Justice COPS office is attempting to expend all funding from the last budget cycle, funding for this type of grant may be greatly reduced in future budget cycles. Board/Commission Recommendations Staff Recommendations Authorize the City Manager to accept the Cops in Schools Grant Award. Attachments e `i e a ed by Revue by Finance City Mana_ r oval WYLIE CITY COUNCIL AGENDA ITEM NO. \5, March 13, 2001 Issue Authorization to create the position of Public Information Officer. Background As a result of the growth in population and activity in the City and the need to inform the citizens in a timely and well-coordinated manner, the City Council has requested an upgrade in customer service in the area of public relations. The best resolution to this request is the creation of a new position entitled Public Information Officer. The City Manager is requesting authorization from the City Council to create this position effective April 1, 2001. The Public Information Officer will work as the liaison between the City organization and the Wylie Economic Development Corporation, the Chamber of Commerce, W.I.S.D., the Wylie business community and other community affairs organizations, as well as be responsible for public relations and publicity relative to the City and community activities. In addition,this position will be responsible for promoting community awareness, the preparation of the City newsletter and press releases, and researching and writing grants. Financial Considerations The Public Information Officer position will be funded entirely in the General Fund and approximately $32,500 will be required to fund the position for the remaining six months of FY2001. This includes the cost of salary and benefits as well as other expenses,including the items necessary to set up a new office. The General Fund will realize a savings of about$10,000 as a result of the elimination of one part-time position at the Community Center. These duties will be assigned to a position funded through the 4B Sales Tax Fund. The remaining$22,500 will be funded through the General Fund fund balance. Other Considerations A budget amendment for this position will be included with all other mid-year budget amendment requests at the March 27, 2001, City Council meeting. Staff Recommendation It is recommended that the City Council authorize the City Manager to create the position of Public Information Officer. Attachments N/A re ed by evigwed by Finance City Man Approval