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06-26-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, June 26, 2001 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken Guy Shafer,associate pastor-Metro Church of Garland ,:Cri Administer Oath of Office to newly appointed and reappointed Board and Commission Members. .:. :..::.....:::::: .. :.........: ...:..;- :. :: �r.-�>l�<�re.:>�'a�ttz�;:?:��-.:: `:.>::;..:<..�''...-,�..;.•..;red::.:::::::::.:::::::::::::.......::...:::::::..::: • :: r.s:.��#�:d.::urs�`�r::tie::�d�rs�s#t:�,l� `:.;::.;;:.;::;::.;:;.;:.:::.:<.:.;::.;;;...:;••.:::::.::::..:::<.;.::::::..�.•.'�..�.'i�..::: :::-->:.:;:::.�:::- ;.:•:;:::::::.::::.;::: ---..;:: .... :-;;:.;:.<;;::::.:>:<::>:::;:;<::.:..;:-;;;.;:;:;.::.:>;;.:>•;;:;.;.: --::.::::::-:.:..;... ....:..:... ::Ir i r. >:fhat.::ft wt t b rQ»�Q raz�::t7r : � .:�»:;:»»::�:: �><:>;:;>.;;;;:;;:-:::;:.;r:::.:::. :.::.::::�:-;;:.;:.,;;;:.;:.::-<::<::;: Cvrue�::�gsxrr�fa::s,�:sa�.�:eemsta?er �zz�' ?� A. Consider and at upon approval of final acceptance of the Newport Harbor Pump Station,and authorize final payment to Triple D Inc.,in the amount of$25,563.19 and accept the project as complete. B. Consider and act upon an Ordinance amending Ordinance No. 2001-22 establishing a license agreement with Aerie Network Services,Inc. C. Consider and act upon a Resolution authorizing the Mayor to enter into a contract with Linebarger Heard Goggan Blair Graham Pena Sampson, LLP, Attorneys at Law,in association with Nichols,Jackson,Dillard,Hager&Smith,LLP,Attorneys & Counselors at Law,for professional services in the collection of delinquent ad valorem taxes for the City of Wylie,Texas. Award of Contracts 1. Consider and act upon awarding a contract for the provision of Wrecker Service. 2. Consider and act upon awarding the vending and concession contract with Pepsi Bottling Group Inc.(PBG)for City facilities and City sponsored events. Public Hearings 3. Hold the second of two Public Hearings for the Annexation of 60.026 acre tract of land out of the Allen Atterbury Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979 and located east of F.M.544 and South of Stone Road. 4. Hold the second of two Public Hearings for the Annexation of 63.5 acres of land and being part of the Francisco De La Pena Survey, Abstract 688, and located at the northeast corner of Brown Road and Stone Road and west of Bennett Road. 5. Hold the second of two Public Hearings for the Annexation of 30.856 acre tract of land out of the D.W.Williams Survey,Abstract No. 980 and located east of S. Ballard and north of Elm Street. Planning Items 6. Consider and act upon a Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys,being all of a certain 70.383 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22,the M. Phelan, Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. 7. Consider and act upon a Final Plat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys,being all of a certain 22.973 acre tract of land situated in the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas,being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas 8. Consider and act upon a Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys, being all of a certain 62.885 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey, Abstract No. 629, City of Wylie,Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. 9. Consider and act upon a Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys, being all of a certain 45.182 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. 10. Consider and act upon a Final Plat for the Meadows of Birmingham Addition, including a waiver of alleys, being all of a certain 61.997 acre tract of land situated in the M. Phelan Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. 11. Consider and act upon a Final Plat for the Sage Creek North Addition, including a waiver of alleys, being all of a certain 50.7752 acre tract of land situated in the John W.Mitchell Survey,Abstract No. 589,City of Wylie,Collin County,Texas, and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No. 95-0090832 of the Deed Records of Collin County,Texas. 12. Consider and act upon a Final Plat for the Walgreens-Wylie Addition, being all of a certain 5.422 acre tract of land situated in the S.B. Shelby Survey,Abstract No. 820, City of Wylie,Collin County,Texas. 13. Consider and act upon a Preliminary Plat for the Kirby 78 Addition, being all of a certain 2.5989 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267,City of Wylie,Collin County,Texas. •::.vm :y: . y N \ ^i3 ••`C S•.i•:ri: \ Y vv \%•:Y; X•::::h 4 : ..:w\ �...%" v v; , .\: ..............................::::.w:::::.v:•.w:;:::::.w::::::::::.v.:::\4:•::ii::�:{::.i:•i`::•i}::•i}'•i:.Y.:}:;;:O:Ji}i}i:^':Lt�:`i:?:O:L.i:-ii'•i'•\•�:iir> .. :. :.:......v.w.;v v.;•.:::::::Ji; ............:...............:..::: 4:x:::::::::::;i::�:;::::::::.vxviv:8- .. :•.•.v.•.•.�.v..:�v.v•'.v.-•.•.•�.•.:.:v:::w::.�:::is ii:^:v:•i::tii:•i:•:iiw:nw::::::.:w::::::::::::.�::.LJ:vi:::vii... 0 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. Page 3 of 3 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. This agenda is also posted to the City of Wylie Website at www.ci.wvlie.t.x.us 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 TD 972/442-8170. NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, June 26, 2001 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 Action Taken Guy Shafer,associate pastor-Metro Church of Garland Administer Oath of Office to newly appointed and reappointed Board and Commission Members. ��. ::und t#::.: at�s ft::s4 .# :::r ::cc?rt f r :s:_? ::ta..r[it a:: ::: ::,f..:. ::. t€E r40.4 t tt.i'c0:: 4 : ire..i-�:::�ia3..c+..d:............ :• . ::.:�� •::::: ::•:..............:.::.::::::::::::: :::::: ::............. :•:::::::::::::::•::::.:::::::-:::. : .;:.;:.;:::.:>; .;:.;:.:>.;.;.;::.;:::::.:;.: :.::::.:::.::::..::::.;.:.:::::::.:>:: .......:.....,.:..:.:......: :that .:..:...::::>:.. r:::*#1::: ::Ae:; : cgiiMi . :MOWNtsts::.;:*:164e ::i0>OW.0W:,:.:;f g W4t;3 r edaeNit ik vtxre�:�g��ds:skii}? 'vta�et�r� ?'�...�3.*.... ............ ............................ A. Consider and at upon approval of final acceptance of the Newport Harbor Pump Station,and authorize final payment to Triple D Inc.,in the amount of$25,563.19 and accept the project as complete. B. Consider and act upon an Ordinance amending Ordinance No. 2001-22 establishing a license agreement with Aerie Network Services,Inc. Award of Contracts 1. Consider and act upon awarding a contract for the provision of Wrecker Service. 2. Consider and act upon awarding the vending and concession contract with Pepsi Bottling Group Inc.(PBG)for City facilities and City sponsored events. Public Hearings 3. Hold the second of two Public Hearings for the Annexation of 60.026 acre tract of land out of the Allen Atterbury Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979 and located east of F.M.544 and South of Stone Road. 4. Hold the second of two Public Hearings for the Annexation of 63.5 acres of land and being part of the Francisco De La Pena Survey, Abstract 688, and located at the northeast corner of Brown Road and Stone Road and west of Bennett Road. 5. Hold the second of two Public Hearings for the Annexation of 30.856 acre tract of land out of the D.W. Williams Survey,Abstract No. 980 and located east of S. Ballard and north of Elm Street. Planning Items 6. Consider and act upon a Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys,being all of a certain 70.383 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22, the M. Phelan, Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas. 7. Consider and act upon a Final Plat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys,being all of a certain 22.973 acre tract of land situated in the D.Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas, being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County,Texas 8. Consider and act upon a Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys,being all of a certain 62.885 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. 9. Consider and act upon a Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys, being all of a certain 45.182 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey, Abstract No. 629,City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. 10. Consider and act upon a Final Plat for the Meadows of Birmingham Addition, including a waiver of alleys, being all of a certain 61.997 acre tract of land situated in the M. Phelan Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No.94-0029675 of the Deed Records of Collin County,Texas. 11. Consider and act upon a Final Plat for the Sage Creek North Addition, including a waiver of alleys, being all of a certain 50.7752 acre tract of land situated in the John W. Mitchell Survey,Abstract No. 589,City of Wylie,Collin County, Texas, and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No.95-0090832 of the Deed Records of Collin County,Texas. 12. Consider and act upon a Final Plat for the Walgreens-Wylie Addition, being all of a certain 5.422 acre tract of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie,Collin County,Texas. 13. Consider and act upon a Preliminary Plat for the Kirby 78 Addition, being all of a certain 2.5989 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267,City of Wylie,Collin County,Texas. 4 •. S:d:�.�:A�:+1:R •'��. .�.::iiijt::t<:�:ti::i::::jjjv:`v%iiiiijiiiii'iii}iiiii'riii}iiii}i::�:{::`?:i::::};:+;:;:;:i;:::i%iii:?viiiii:�iijjiitivii:d'is:iitvi}iiiik��:viii::::iii: : •.'''.' J\�+R:� �:riiiiii:`:::t::i,i'i.t::i:::::::}ist:::i}}}i::::::}::}::jj:2:j::ti;:::jiiii:�:i�::v`:�::�:iiisisisii'.i'.::':i::j:::tv`:::isi::<:::::`jj:{::isi:::::::;?:'>:n{:ii:<::ti::i'riii :ri�}}ii'ii'i':�iiii}'i'riiii:}::v 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. Page 2 of 3 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. This agenda is also posted to the City of Wylie Website at vvww.ci.wvlie.t:x.us 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 TD 972/442-8170. Page 3 of 3 WYLIE CITY COUNCIL AGENDA ITEM NO. A . June 26, 2001 Issue Consider and at upon approval of final acceptance of the Newport Harbor Pump Station, and authorize final payment to Triple D Inc., in the amount of$25,563.19 and accept the project as complete. Background On May 23, 2000 the Wylie City Council awarded a construction contract to Triple D Inc. for the Newport Harbor Pump Station. The project consist of a 500,000-gallon ground storage tank, a 23'x58' pump building, and related piping and electrical improvements. Three change orders were issued for the project and included a change in the type of valves, additional SCADA equipment and the addition of a pressure switch. Financial Considerations The original project amount was $872,000. The change orders brought the final contract price to $874,399.29. NTMWD will reimburse the City $113,000 for metering and monitoring equipment installed at the plant site. Other Considerations Acceptance by the City Council will initiate the one-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Board/Commission Recommendations N/A Staff Recommendations The Hogan Corporation and Staff recommends final acceptance of the project and issuing final payment to Triple D, Inc. in the amount of$25,563.19. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Letter from the Hogan Corporation Final Payment Request Contractor Affidavit of Final Payment and Release Consent of Surety • / Ikt5A, Prepared by Revie by Finance City Mana r Approval THE HOGAN CORPORATION Engineers • Planners • Consultants June 12, 2001 Mr. Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Attention: Chris Hoisted Re: Newport Harbor Pump Station THC#002-40.42 Dear Mr. Johnson: Enclosed please find four(4)original copies of Triple D, Inc. Pay Request Number 10 and final for the referenced project, for the period of April 4, 2001 through May 25, 2001, in the amount of$25,563.19. The items included in this final pay request have been reviewed and found to conform with the work actually performed. A final walkthrough was performed with representatives of Triple D,the City of Wylie, and The Hogan Corporation present. This final pay request includes the 2%retainage held on the revised contract amount. The Contractor has submitted a"Consent of Surety"from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one-year warranty period. Upon your approval of this final pay request, please sign all four(4)copies in the spaces provided, retaining two copies for your files, and forward one copy to us, and one to the contractor with your remittance. If there are any comments or questions on the above, please do not hesitate to contact the undersigned. Very truly yours, THE OG N CORPORATION rry K. us n, P.E. xecuti e V ce President Enclosures cc: Bob Skinner, Triple D Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 FAX: (972) 380-4633 Application for Payment No 10 (Final) - Newport Harbor Pump Station Owner: City of Wylie For Period From: April 4,2001 To: May 25,2001 Project Name: Newport Harbor Pump Station Owner's Project No.: Engineer's Project No.: 002-40.20 Contractor: Triple D Inc. Address: 4591 Keller Haslett Rd. Keller,TX 76248 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $872,000.00 Contract Date: July 25,2000 Change Orders: Start Date: July 25,2000 CO#1 $12,369.29 Time Allotted: 240 cal.days CO#2 ($18,210.00) Time Extensions: 30 cal.days CO#3 Revised Contract Time: 270 cal.days CO#3 $8,240,00 Elapsed: 304 cal.days %Time Elapsed: 126.67% Remaining: -34 cal.days Total Change Orders: $2,399.29 Total Adjusted Contract: $874,399.29 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $874,399.29 Material on Hand(See Attached): $0.00 PROJECT TOTAL TO DATE: 100.00% $874,399.29 Les 0% Retainage: $0.00 Less Previous Payments: $848,836.10 Total Deductions: $848,836.10 ($848,836.10) TOTAL AMOUNT DUE THIS ESTIMATE: $25,563.19 Recom ded: Approved: / By: lv 0). Date: Date: Engineer City of Wylie 6/12/01 Page 1 App for PayNo 10 final I 1,I,:I IAt IJ Al'MI NJI I `,I IMA!I NM. l U (I INAI ) CITY OF WYLIE,TEXAS CONTRACTOR:Triple D Inc.,P.O.Box 1149,Keller,TX 76244 PROJECT:NEWPORT HARBOR PUMP STATION Completion Date:6/24/00 Contract Amount: Dates of Estimate: Original: Original:$872,000.00 From:04/03/01 Revised: Revised: To: 05/25/0I Bid Item Contract Items C.O. This Period Total to Date Description Qty. Qty. Unit Unit Price Quantity Amount Quantity Amount For All Labor,Materials,&Incidentals I.BOND AND INSURANCE I L.S. 13,000.00 0% $0.00 100% $13000.00 2.MOBILIZATION I L.S. 28,000.00 0% $0.00 100% $28000.00 3.Ground storage Excavation 1 L.S. $2,000.00 0% $0.00 100% $2000.00 4.TANK FOUNDATION I L.S. $28000.00 0% $0.00 100% $28000.00 5.SAND FILL I L.S. $5000.00 0% $0.00 100% $5000.00 6 TANK INCLUDING PAINT I L.S. 180,000.00 0% $0.00 100% $180000.00 7.DRILLED PIERS I L.S. 5,000.00 0% $0.00 100% $5000.00 8.VOID FORMS I L.S. 4,000.00 0% $0.00 100% $4000.00 9.PUMP STATION SLAB 1 L.S. 58,000.00 0% $0.00 100% $58000.00 10.MASONARY I L.S. 38,000.00 0% $0.00 100% $38,000.00 11.MISC.STEEL I L.S. 39,000.00 0% $0.00 100% $39000.00 12.TROLLEY AND HOIST I L.S. 6,500.00 0% $0.00 100 $6500.00 13.PUMP BASES 1 L.S. 1,000.00 0% 0.00 100% $1000.00 14.YARD PIPING 1 L.S. 151,500.00 0% $0.00 100% $151500.00 I5.PUMP BLG.PIPING 1 L.S. 30,000.00, 0% $0.00 100 $30000.00 16BUILDING ROOF I L.S. 12,000.00 0% $0.00 100% $12,000.00 17.PAINTING 1 L.S. 18,000.00 0% $0.00 100% $18000.00 18.FENCE 1 L.S. 18,000.00 0% $0.00 100 $18000.00 19.ELECTRICAL I L.S. 95,000.00 0% $0.00 100% $95000.00 20.ROADWORK 1 L.S. 3,0001.00 0% $0.00 100 $3000.00 21.SITE GRADING I L.S. 5,000.00 0% $0.00 100 $5000.00 22.METER VAULT I L.S. 25,000.00 0% $0.00 100% $25000.00 23.TAP INCLUDING VALVE I L.S. 12,000.00 0% $0.00 100 $12000.00 24.PIPE FROM TAP TO VAULT 1 L.S. 28,000.00 0% $0.00 100% $28000.00 25.ELECTRICAL 1 L.S. 65,000.00 0% $0.00 100 $65000.00 26.PAINTING 1 L.S. 2,000.00 0% $0.00 100% $2,000.00 C.O.# I I L.S. 12,369.29 0% $0.00 100% $12,369.29 C.O.#2 I L.S. (18,210.00) 0% ° $0.00 100 /o ($18,210.00) C.O.#3 100% C.O.#4 I L.S. $8,240.00 100% $8240.00 100% $8240.00 THIS PERIOD TOTAL 10 DATE Amount Earned „� $8,240.00 $874,399.29 PARTIAL PAYMENT NO. _10 ( FINAL) _ JOB NO. NEWPORT HARBOR PUMP STATION PAGE _1_of_2 OWNER: CONTRACTOR: Period of Estimate From:04/06/01 CITY OF WYLIE TEXAS TRIPLE D INC. To: 05/25/01 1305 EAST BROAD P.O.BOX 1149,KELLER,TX 76244 MANSFIELD,TEXAS 76063 CONTRACT CHANGE ORDER SUMMARY ESTIMATE No. Approval Date Amount 1 Original Contract $872,000.00 Additions Deductions 2 Change Orders 2399.29 C.O.# 1 $12369.29 3 Revised Contract(1 +2) $874,399.29 C.O.#2 $18210.00 C.O.#3 4 Work Completed $874,399.29 C.O.#4 $8240.00 5 Stored Materials 0.00 6 Subtotal(4+5) $874,399.29 7 Retainage(0%) 0.00 TOTALS $20609.29 18210.00 8 Previous Payments -848836.10 NET CHANGE $2399.29 9 Amount Due(6-7-8) $25,563.19 CONTRACT TIME Original(days) 180 Revised 240 On Schedule Yes Starting Date JULY 20,2000 Remaining 0 ❑No Projected Completion 3/20/01 CONTRACTOR'S CERTIFICATION: ENGINEER'S CERTIFICATION: The undersigned Contractor certifies that to the best of their knowledge, The undersigned certifies that the work has been carefully inspected and to the information and belief the work covered by this payment estimate has been best of their knowledge and belief,the quantities shown in this estimate are completed in accordance with the contract documents,that all amounts have correct and the work has been performed in accordance with the contract been paid by the contractor for work for which previous payment estimates documents. was issued and payment received from the owner, and that current payment shown herein is now due. Contractor TRIPLE D INC. Engineer THE HOGAN CORPORATION By -0 '�'/ -�c� By Date a-'S--/p/ Date Owner CITY OF WYLIE Owner CITY OF WYLIE By DATE By DATE The State of: TEXAS The City of: KELLER The County of: TARRANT ALL BILLS PAID AFFIDAVIT THAT I was the Contractor for the performance of certain work and the making of certain real property situated in WYLIE, TEXAS bearing the contract description of NEWPORT HARBOR PUMP STATION FOR THE CITY OF WYLIE, TEXAS. THAT I have performed all of the work prescribed by and through the contract with the owners of said property;and that during the course of the performance of the work and the making of the the improvements, certain other laborers and/or subcontractors,were engaged to perform parts of the work and improvements done under the contract upon the property, and certain material suppliers furnished materials and supplies for making the improvements under the contract agreement entered into with the CITY OF WYLIE, TEXAS. THAT I hereby swear that all of the said laborers and material suppliers have been paid for the work performed and materials furnished in the course of the contract, upon the herein described property, and further state that no indebtedness is outstanding for any labor or materials due and that all bills for labor and materials have been paid in connection with the work and improvements performed upon the described property. THAT I hereby swear that all said subcontractors have been paid in accordance with their executed subcontracts and all monies owed have been paid less retainage which will be paid in accorI •R ce to the MAIN CONTRACT. T,i rl• +. c,,7:cto, Signed and sealed this Mk day of April,2001. Robert G. Skinner- Triple D Inc. Corporate Secre Robert G.Skinner (Corporate Seal) CONSENT OF OWNER B SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ SURETY ❑ AIA DOCUMENT G707 OTHER PROJECT: NEWPORT HARBOR PUMP STATION (name,address) TO(Owner) [ City of Wylie ] ARCHITECT'S PROJECT NO: P. O. Box 428 Wylie TX 75098 CONTRACT FOR: Construction [ ] CONTRACT DATE: 06/2000 CONTRACTOR: Triple D,Inc. Keller, Texas Bond No. TXC 1755 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (here insert name and address of Surety Company) MERCHANTS BONDING COMPANY (MUTUAL) 2100 Fleur Dr., Des Moines IA 50321-1158 , SURETY COMPANY, on bond of(here insert name and address of Contractor) TRIPLE D, INC. P. O. Box 1149 Keller TX 76244 , CONTRACTOR, hereby approves of the final payment to the Contractors, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to(here insert name and address of Owner) CITY OF WYLIE P. O. Box 428 Wylie TX 75098 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 6th day of April , 2001 MERCHANTS BONDING COMPANY (MUTUAL) Surety Company �; Y� Signature o uthorized Representative Attest: (Seal): Lyia. �3 � Ray Watson Attorney-In-Fact Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706,CONTRACTORS AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition MA DOCUMENT G707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION•MA® ONE PAGE © 1970•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 New York Ave.,NW,WASHINGTON,D.C. 20006 • Merchants Bonding Company . . (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of.Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint RAY WATSON AND/OR DON E. SMITH • • • of RICHARDSON and State of TEXAS its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: • THREE MILLION ($3,000,000.00) DOLLARS • • • and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all such acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws • adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,1992. ARTICLE II,SECTION 8.—The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 29TH day of DECEMBER , 1999. • ••...... MERCHANTS BONDING COMPANY(MUTUAL) ▪ Gi C • •• ••�O �• PO,q -.1 -o- o• • • • •• ' 1933 c, By ••v�� • •!'`-a•• President • STATE OFIOWA •• ••• COUNTY OF POLK ss. • On this 29TH day of DECEMBER , 1999 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. • In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines.Iowa,the day and year first above written. ••a.•• M c ce,/,,,,;„ s c. ▪ Z • Notary Public,Polk County,Iowa • • IOWA • • O • • (• Q• STATE OF IOW,4 a°°• `tRf A\ COUNTY OF POLK ss. •....... I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY,executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in force and effect. In Witness Whereof, I hay hereunto set my hand and affixed the Sea!of the Company on this day of , /L.1J ; •°°'°°• • •' •o n Q 9 'I°° Secretary °• << �9,,;,• ��° •• 2 t- MSC 0814(2/98) • • -. 1933 • `ys.P '�'�'"• •.•v..f• �..` •e• • . WYLIE CITY COUNCIL AGENDA ITEM NO. 5 , June 26, 2001 wimmimmimmimimimmimmimmimmimmommimmilmmi Issue Consider and act upon an Ordinance amending Ordinance No. 2001-22 establishing a license agreement with Aerie Network Services, Inc. Background At the May 8, 2001 City Council meeting, the Council approved an ordinance establishing a license agreement between the City of Wylie and Aerie Network Inc. in order to allow the company to utilize public rights-of-way for the purpose of installing a fiber optic transmission system. A certain provisions of the ordinance were inadvertently omitted, and the proposed amendment rectifies the omission. The amendment to Section 5 (a) would provide that the City contact Aerie Networks whenever the City deems it necessary to work in the vicinity of their cable so that they may mark their lines. Within the same paragraph, language that was in a previous version of the ordinance has been reinstated to address mutual indemnification, i.e. Aerie is not liable for damages that are not "willfully or necessarily occasioned", just as the City of Wylie is not liable within the same circumstances. Other Considerations Article II, Section 1.E. of the City Charter establishes the authority of the City to layout, widen, maintain streets, alleyways and parks, and to regulate the use thereof Financial Consideration Changes in the telecommunication industry and in subsequent changes in federal regulations have altered the means by which municipalities may deal with telecommunication companies. Cities cannot establish franchise agreements and the associated revenue generation on agreements such as this in which the company is simply "passing through" the community. Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Ordinance Pr red y Revi d by Finance City Ma ger Approval WYLIE CITY COUNCIL AGENDA ITEM NO. I . June 26,2001 Issue Consider and act upon awarding a contract for the provision of wrecker service. Background On May 8th, 2001 the City Council of the City of Wylie repealed previous ordinances relating to wrecker service and established Ordinance NO. 2001-21, providing for the contracting of wrecker service with a sole source provider. Shortly thereafter a RFP for wrecker service was sent out to area wrecker service providers. The City of Wylie has received proposals from two wrecker service provider, Wylie Auto Towing and Signature Towing Inc. Financial Considerations Wylie Auto Towing proposed slightly higher fees in some areas and slightly lower fees in other areas. Generally there is very little difference in fees between the two wrecker services. Other Considerations Quality of Service: Wylie Auto towing is formerly known as Bellows. Signature Towing has bought out the wreckers and site, which was formerly Anderson Wrecker of Wylie. These are the same two wrecker companies that the Wylie Police Department has used the last three years. During the last three years the service provided by Bellows has been significantly superior. Board/Commission Recommendations N/A Staff Recommendations Staff recommends awarding the Wrecker Service contract to Wylie Auto Towing. Attachments Wrecker service proposals from Wylie Auto Towing and Signature Towing Inc. 7:6-t 4 rep red by Review Finance City Man er Approval FEE SCHEDULE for CITY of WYLIE WRECKER CONTRACT NOTE: ALL calls dispatched by the city, regardless of the tow, destination are covered by the FEE SCHEDULE Vehicles that are impounded as a result of arrest, seizure with keys, on the roadways and not involved in an accident: Under 10,001 GVWR $50.00 10,001-26,000 GVWR $75 per hr. Over 26,000 GVWR $125.00 per hr. Vehicles involved in an accident under 10,001 GVWR A. Wrecked vehicles $60.00 B. Rolled over or upset vehicle $60.00 C. Flatbed or Dolly required $40.00 D. If winch required, additional for each 50 feet of pull $25.00 E. Extra time in excess of one hour(not including time spent Waiting for officer to complete investigation) per hour $50.00 Vehicles involved in an accident 10,001-26,001 GVWR $75.00 per hr. Over 26,001 GVWR $125.000 per hr. City owned/leased/rented vehicles: Under 10,001 GVWR no charge 10,001-26,000 GVWR $75.00 Over 26,000 GVWR $125.00 Major incidents involving specialized equipment, personnel, techniques, Haz-Mat requirements, etc. shall be reviewed for all charges Miles charged after leaving the city limits: $1.50 per mile one way Daily storage rates: $15.00 per day(VSF) Impounding fee: $t0.00 Notification fee: $25.00 Clean roadway of debris $25.00 No other fees may be charged in the operation of this Contract and the city will have the right to audit the Contractor. Failure to comply with the FEE SCHEDULE will be cause for administrative penalties up to and including the cancellation of the contract. Wylie Auto Towing and its employees shall adhere to any and all laws pertaining to towing and securing the impoundment of any and all vehicles according to the Texas Department of Transportation Motor Carrier Division 43 Texas Administrative Code Chapter 18, Subchapter G,and any city ordinance required by the City of Wylie. Wylie Auto Towing shall have all tow truck drivers trained in safety procedures to protect the public, all property and them selves. Wylie Auto Towing will also have monthly training sessions for all drivers to up date them in proper safety procedures. Wylie Auto Towing shall, through out the contract, maintain all combined single limits, cargo and impoundment lot insurance as required by the state of Texas. Wylie Auto Towing will also list City of Wylie as additional insured for protection of the city for all claims and the intent to indemnify the city of all claims upon signing the contract. The contract date would be effective upon signing the contract. Wylie Auto Towing will keep a minimum of two trucks available at all times with each truck having two vehicle capabilities. Each truck will have a maximum response time of 20 minutes to any part of the City of Wylie after notification by the city. Wylie Auto Towing has made arrangements for the medium and heavy duty needs of the City of Wylie to be subcontracted through Wylie Auto Towing. The physical location of the Wylie Auto Towing storage facility is 1352 W. F.M. 6 in Collin County. The storage facility is secured by a six foot chain link fence and a copy of the current VSF license is attached. An attendant will be on sight Monday though Friday 8 A.M.-5 P.M. with lunch being from 12 noon to 1P.M. Vehicles will be accessible to the public and insurance adjusters with proper identification during these hours for viewing, taking pictures, receiving personal property and making estimates. City of Wylie personal will have 24 hour day 7 day a week accessibility to any and all cars impounded by the City of Wylie. All vehicles will be available for release with the proper paper work 24 hours a day 7 days a week. Wylie Auto Towing will keep inventory and records in accordance with all laws governing a storage facility in the State of Texas. Wylie Auto Towing will provide a monthly report, by the 15t1 of the following month, to the City of Wylie, of dispositions of impounded vehicles. The City of Wylie will have availability for inspection of the storage facility's books, accounts and records, as relating to City dispatched tows. The City of Wylie's dispatched tows will always have top priority over any other dispatched tows. The City dispatched tows will be segregated from all other vehicles with separate books and records. Wylie Auto Towing agrees to tow junk vehicles as requested by a city dispatcher and dispose of junk vehicles in accordance with the laws of the State of Texas. Wylie Auto Towing will try to resolve all disputes with vehicles owners and the city in accordance with the laws of the State of Texas all others will be referred to the proper governing bodies in Austin Texas. Wylie Auto Towing has in the past and will always enjoy participating in city sponsored evernts. City of Wylie Wrecker Service Proposal Wylie Auto Towing, formally known as Bellows Wrecking, was established in 1979. The business has been located at 1352 W. F. M. 6 for 22 years. Joe Bellows is the sole proprietor. Wylie Auto Towing is now a 24 hr. wrecker service, recovery service, and vehicle storage facility. Reference: Texins Credit Union 777 E. Campbell Rd#836 Richardson,Tx. 75081 Harold Percell (972) 965-8916 Collin County Sheriff Mc Kinney, Tx. Dispatcher(972)424-4797 City of Garland 203 North Fifth Garland, Tx 75040 Code Enforcement Cheryl Reno(972)205-3812 ri t livirt'ftwrimir 9fty CItrY-gilt:9f,MVIttR-vii G1fG'fifJtP-II:Ittlf.JUC Y-T_Ii oryyf ,y5.yf-!'JpTJil',,.3.t11rafat!.Vfft tijimr.citr_, G ASSUMED NAME CERTIFICATE is ✓ —j S;r 1 FOR UNINCORPORATED BUSINESS OR PROFESSION AI a, I. The assumed,name under whichjhe business or projessional,service is or is to be conducted or rendered is (Cfli.)e (fit:-rl) aw , -vS rC a • BUSINESS ADDRESS: i i.:.2, Li• L4 6 ) Nev zi.1A ix •`7S.=/7_5_ 1:;, 2. The registrant is:(Check one and fill in appropriate blanks.Attach additional sheets if necessary.) i?! 0 A. An INDIVIDUAL:The full name and residence address is do )7-y...-e 3 eVJ.o w c . 7 y�/J�t t / �7 y / Nuns a r9sO / 2 ,9, hAv0A- /TC•" 73' h X `1. Residence Address W. 0 B. A PARTNERSHIP: The venture or partnership name is: • The venture or partnership office address is: The full name of each joint venturer or general partner and his residence address if he is an individual or its office address C 2- if not an individual is: q • `. j t79 ry 6, ❑ C. An ESTATE:The name of the estate is: L 1 The estates'office,if any,is: l n kl i The full name of each representative of the estate and his residence address if he is an individual or its office a3dIess if not `• an individual is: j 1 ' .'L� J F i74 tl ❑ D. A REAL ESTATE INVESTMENT TRUST:The name of the trust is:, % The address of the trust is: -. _� The full name of each trustee manager and his residence address if he is an individual and its office address if not an indivi- dual is: Y C' 1 t 0 E. A COMPANY OTHER THAN A REAL ESTATE INVESTMENT TRUST,OR A CORPORATION:'The nar e,of the corn- - pany or corporation is: . ao The state,country,or other jurisdiction under the laws of which it was organized,incorporated,of associated and its ^�" office address is: �^ ci I- fi M r 1 3- The PERIOD,not to exceed ten years,during which the assumed name will be used is: ii' r: 4. The business or professional service that is or is to be conducted or rendered in the county under this assumed name is being or will 7" Jbe conducted"!rendered as a:(Check applicable one) r, Proprietorship ❑ Limited Partnership 0 Sole Practitioner ❑ Real Estate Investment Trust ;` ❑ Joint Venture ❑ Joint Stock Company ' ❑ General Partnership ❑ Some other form of unincorporated business or professional association or entity: C-1 • C To certify which,witness hand the day of • ,19 ;� y SIGNATURE( 4/ ,4 ; _ DI" 0 SfSP 8'7SU rt THE STATE OF TEXAS _.. COLLIN COUNTY OF HELEN STARNES,• " L l.vuN 1 Y t, ERK BEFORE ME' i n�i ,in sad for said County and State,en this . E day personally appeared Yr E., (.,' CS.1)n f, /,.LC,/1P i.'S ,known to me to be the person whose name I S subscrbed r to the foregoing instrument,and acknowledged to me that he executed the same for the purposes therein expressed. • Given under my hand and seal of office,this /S-t s, day of 19 q 2 HELEN STi E`S, COUNTY CLERK s%sttuarp,,, .�j -�, ,,ss UN '�r�i ,X>r t •lte 1C_Kf. .st./,,e tit4 7.,_ DEPUTY }%. �' NOTE:A a•i,•1 �' d and acknowledged by each individual whose name is required to be stated therein or by his - iti a , .1sct,and inthe case of any person not an individual the name of which is required to be stated therein. ;. ee' fi'; -eft 'al and acknowledged under oath on behalf of such b its_ Person y' representative oraaorney.itt fact or .� iy&lint ,614. • trustee manager,officer,or anyone having comparable authority,as the case maybe,of such _' pg my .,...- e d z d and acknowledged by an att ,7.1 omOY shall dude•statement that such attorney in fact has befp li .•..: 4 ing by his principal to execute and acknowledge the same. C 1,,41 pv �C\ ,,o' H16IASsumed NintO•,yINgfpolated/Co Ck/Rev 3lttg7 _ 4 Tex Department o/Transportation Texas Department of Transportation VEHICLE STORAGE FACILITY LICENSE # 0000236VSF WYLIE AUTO TOWING 1352 W FM 6 NEVADA TX 75173-000 Be It Known That : WYLIE AUTO TOWING Located at: • 1352W. FM6 NEVADA TX 75173-000 Has paid the required fee, satisfied the prerequisites for a license as a TEXAS VEHICLE STORAGE FACILITY under the Vehicle Storage Facility Act, and has agreed to comply with its provisions. This license is issued on 24 January, 2001 and shall expire on 20 February, 2002. This license is NON-TRANSFERABLE and NON-ASSIGNABLE i TGuerre --- 10°.- Air Texas Department of Transportation Important Notice As part of the Texas Motor Carrier Registration process, your company has declared that it has knowledge of all laws and rules relating to motor carrier safety. Those laws and rules are enforced by the Texas Department of Public Safety through roadside inspections of commercial vehicles and by internal audits of your company records. Four areas of extreme importance are your company's records pertaining to drug and alcohol testing, hours of service, driver qualification files and vehicle maintenance files. It is in these primary areas that the Department of Public Safety may perform an internal audit on your company. Several education and training opportunities as well as a variety of safety materials are also offered by a number of consultants and the various trade associations that represent commercial vehicle operations in the state. If you would like additional information on commercial motor vehicle safety enforcement you can call 1-800-299-1700, then press menu option 7. You can then make another menu selection based on the geographic area or ` region that corresponds to your location. An Equal Opportunity Employer Department of Transportation Vehicle Registration Listing for Certificate #: 005019198C Date Issued: 08/21/20( WYLIE AUTO TOWING JOE BELLOWS Site Address: 1352 W. FM 6 1352 W.FM 6 NEVADA, TX 75173 NEVADA, TX 75173 USA Seq It Unit# _Make Model YR VIN _ v Tow Haz HG Bus CornExpires 1 2 FREIGHTLINEF 1998 43097 FT 11 I I I 9/30/2002 2 2 INTERNATION/ 1995 61065 n I In , I 9/30/2002 (VOID IF ALTERED) This listing signifies that the motor carrier has duly filed proof of insurance as of the date this registration listing was issued. To ascertain the current status of registration or insurance coverage,please call the Motor Carrier Division at 1-800-299-1700. The original Vehicle Registration Listing must be retained in the carrier's principle place of business. A copy of the page that identifies(by highlighting)the vehicle being operated must be placed in the cab of the identified vehicle. Page 1 of 1 THarvey I-_ii 3ci;2�'L11 DO: - ��01� ' 7 6�. r-RRGt! INSURANCE E P;,GE 01 ACORD,, CERTIFICATE OF LIABILITY INSURANCE _ � 0; 0'oi PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND NFERS NO RIGHTS UPON THE CERTFICATE 1 ARROW INSURANCE SERVICE HOLDER. THIS OCERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 870198 ALTER THE COVERAGE AFFORDED BY THE POLICIES pELOW.^ MESQUITE, TEXAS /5187 INSURERS AFFORDING COVERAGE 972-686-6868 — iNiuREJ BELLOWS, JOE DEA lulsl,>;_R& MONTICELLO INS. W`CLIE AUTO TOWING I rLaALIRER9: GRAMERCY INSURANCE —� -- G352 W. FM 6 III-N6-.�RER=: • NEVADA, , TX 75173 I INSLRER o COVERAGES _ _ _ THE FOLIC ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE!OR THE POLICY FERCO INDICATED.NCTNITHE4TANDINC ANY.REOUIREMENT,TERM OR CONDITION DP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 65 ISE JED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES &R BED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS C F SUCH POLICIES.AGOREGATE L-MI S SHOWN MAY HAVE EEEN REDUCED BY PAID CLAIMS. INS R —'! — —POLICI'EFFf219VF 'POL ICw DP —1DHT LIR I TYPE OftRIIURANCE POLICY NUMMI DATE(IINFEMYYy DA'€tla♦WNTOki'1 ! LIMITS LzENORAL LIA¢ILITY I Elt-.-4 PCC'JPRENCE j$ ':.OMMER:-Jd OSNERAL Li4®L'Tr I FIRE DAMAGE IA,y cut 1'ae; I$ 1 1 C'.A Ma N.;DE L_OCCUR I1r C EX?(Ari f one uoray.`. '3 PERSO'L4L3 DVIA,;UR" --3 _ "'------:' — I I G61-:ERALPCOREGATE ; 3nN,D. F.EO.1.LII.1;7AF?_iE=PSR. ! PPOCUCTS—CG:'=7OPAGCi F I.OLN,' i !MS:T I -LL== j f I I � —r_ AUYDNOBILEUABILVre i I :OMd'N°'D EIHGLE.IMI }}A'.Y.V.TO I ,caBCC>',4Y) D ~I A-L OW I DAI,T38 1f —�f !60DILY 04,JRY :3 I 31•:;dEC4_LED AC:Tva ,q "Esor) ��M;ERAJ'08 i GVC 803610 + I:l—ecc0 S I\,JL'Y + IN�NJ••_4Vr,EO AUTOS II $25, 000. $1, 00a.DE 107-31-00 07-31-01 Ier c'idn'.n i` FjGKKL I-avP.F4rr iAtd GE 1 O AJ ARAGE_IADILrTY — I TO ONLY-Ea.a:CIDEGT s t r 0 0 0 C _--.�• !urn Are EA.a:., :$ Z 0 0 000. 1 A I X I SCHL.VLHIL"LES GVC8C3610 f 07-31-00 07 -31-GL AUTGONLr: ,cm +s F 00, 0)0 . EXCESS LIA9ILTY :OCCUR El CLAM MACE } i AGGREGATE F--- 1$ 1 i CtiCL,CT�SiE • i; P ETLN`�C' i I I 7 �wC.KeRSCJMPENSATKJ4 AND I f PC ORY_IMITS ; 767- ; ER EM?LOrER$LILT —_. I I -E L EA^Cr.ACC.CENT S ^— ' E.L D185ASt•E4 EMPLOYEE ,3 E L.DISEASE-PO_IC'.MlT L3 A 1 OTHER GKL I GPi0111891 107-31-O0 C7-31-1 i $25, 0C0.LMT $5'y 0. DED. f BICARGO IN TO .MI4209 18620 1i0-3_-00 10- -01 ! i $10, '000.LMT $i�O.DED DESCRIPTION OF CPERATIONSILOCAnum!frENICLEN/EXC_U$IDNSADDED BYRNO0RSEUENTf6PECIAL PROVUIOnS 1) 19.95 INT' .. #3097 2' 1998 F!L 41065 3) 1994 DODGE 42226 CARGO AF_ LIES TO 1998 FREIGHTLINER & 1995 INTERNATIONAL ONL`i CERTIFICATE HOLDER I I ADDITIONAL INSLRED:INSURER LETTER: CANCELLATION —r r __ 1 SHOULD ANT OF THE AEOV£OESCSIVER POLO LIES G_CARrELLEC+LE;'CPE'.-=}D:W..iiON IDATE rHEReo;,THE ISM-MO!N3LRER w1i._ENDEAVOR TJ Mal_ _GAYS WRITTEN CITY OF tilt.LIE NOTICE TO THE CERTIFICATE HOLDER NAMED TC THE LEFT.ELT FAlunG TQ DO SD s-iALL I IM C6E NO 08-h]ATION OR LiAE UTY CP ANY HIND UPON THE NE URLR.I-I aOENTS OR REPRESENTATIVES. AUTHORiZEO REPRES .^ ------' ACORD 25-S(7787, ')ACORD CORPORATION 1988 TEXAS LIABILITY INSURANCE CARD COMPAI.Y PHONE NO =PAPAW MONTICEL.LO INS. PCi.ICY NUMBER EFRECTIV@ DATE EXPIRATION DATE GVC803610 07-31-00 07-31-01 YEAR MA 'MCOE_ VEHICLE IEENTIFiCATION NUMBER 1994 DODGE TOW TRU. #2226 AGENCY AO MCYPNONENO SPANISH TRANSLATION ARROW INSURANCE SERVICE 972-686-6868 P.O. sox 8701B8 TRADUCCION DE ESPANOL MESQUITE, TEXAS 75187 usl:x_o 13ELL.OWS, JOE WYLIE AUTO TOWING 135E W. FM 6 NEVADA„ TX 75173 This policy provides at least the minimum amounts of liability Instirdree required by 1he Texac Motor Vehicle Safely Responsibility Act fcr the Specified vehicle end named Ineurada and may provide cover ace for other persons end ciba,vehicles ea provided by the insurance policy. Tar to de}e seguro de Reaporuebilidad de Texas Texas Liability Insurance Card Guards astir tarjeta. I Keep this card. IMPORTANTE: Este tenets o una topic de au p.r.t2a da ; IMPORTANT: This card or a copy of your insurance policy must secure dabs se-mostrada cuando uated aolicre a renueve be snown when you apply for or renew your su: i regisuo de vehOcido de motor c motor vehicle registration . kends Dara conducir o driver's license etquala de InspeccL n de seconded pare su vsht?culo. o motor vehicle safety inspection sticker Puede qua waled temp tambiAn qua mostrar safe tarjete You also may be asked to show this card or your policy if you o au pi/Eliza de seguro sl'lore un auoidonte o si un°ficiel have an accident or if a peace officer asks to sae h. da la paz se la Aide. Todos be condu;toree en Texas deben de tener seguro All drivers in Texas must carry tabiity insurance on their de reaponaabilldad pars sus vehO.colas,o de otra mantra vehicles or otherwise meet legal requirements for financial !Caner los raquisitoa locales de responsabledad civil.Palo on Uenar sate requlsito pudlera toothier on muliao do responsibility. failure to do so could result in fines up to haste WO, eueponai,�n de au llcancla pars cotlducir $1,000 suspension of your driver's license and motor vehicle y de su registro de rehOculo de motor,y la retencl.;n de registration, and impoundment of your vehicle fcr up to 180 au vehOculo pot un perOodo de haste ISO°Oat(a un coeto days(at a cost of$15 per day). de S IS par dna). LI ACORO SO TX(can C ACORD CORPORATOR tail • ..a ., .. _ ..., ... "x lid k vy i TEXAS LIABILITY INSURANCE CARO OCM>ANY PHONE NO COMPANY MONTICELLO INS. POUCY NUM reSk EFFECTIVE DATE 5XP,RAT)OM CATS GVC803610 07-31-00 07-31-01 TLAR MNC:J111O3[l VEMICLO IbGNTICICATION NLWa4R 1.995 INT. TOW TRUCK #3097 SPANISH TRANSLATION 1.i'ENCY AGENCY PHONE NO. ARROW INSURANCE SERVICE 972-686-6868 P.O. BOX 870188 TRADUCCION DE ESPANOL MESQUITE, TEXAS 75187 INSJRED BELLOWS, JOE WYLIE AUTO TOWING 1352 W. FM 6 NEVADA, , TX 75173 This policy provides at least the minimum amounts of liability Insurance required by the Teals Motor Vehicle Safety Responsibility Ad for;he Speelfied vehicle and named insureds and may provide coverage for other persons and other vehicles as provided by the insurance poky. Tarjeta de Seguro de Responsabilidad de Texas Texas Liability Insurance Card Ouerde este taryata. Keep this card. IMPORTANTE: Este terele o una copia de au pEliza de IMPORTANT: This card or a copy of your insurance policy must saguro debt sef nostrade cuendo uded solicits a renusve be shown when you apply for or renew your: su o motor vehicle registration . ragiaso de vnhOculo de motor g . iicencla pare oonducir a driver's Icense . aliquots de Inspe cilEn de seguddad pars su vehC cu.o. o motor vehicle safety Inspection st:cker. ?sect qua usted tenge ternthAn qua masher sate terjeta You also may be asked to show this card or ycur policy if you o su pFEilza de seguro si liens un accidents o si un oficial have an accident or if a peace officer asks to see it. de lapazse:aplde. Todos los conductores en Texas deben de toner aepuro All drivers in Texas must carry Lability insurance or their de responsabilided pars sus vehOciloe,ode etre mantra vehicles or otherwise meet legal re4.lirements for financial 'term ice requislos regales de responsabilidad civil.Folio responsibaiity. Failure to do so could rest:k in fines up to an senor site reculstiouspena& Iwdo a rlicencr en motet de $1,000, suspension of your driver's license end motor vehicle ' hasta $1,000, Ouspens4Er de au Neese. pars conducir ' y de so registry es veh(culo de motor.y la relenci.En de registration, and impoundment of your vehicle for up to 180 w vehbculo por un perOodo de haste 180 does(a un costa days(at a cost of$15 per day). de$15 por dOe). •CORD SO T4 Olt) ACORD CORPORATION left TEXAS LIABILITY INSURANCE CARD CCMPNIY Pt-ONE NO. CANPANY MONTICELLO INS. FUMY NUMBER EFFECTIVE DATE EXPIRATION DATE GVC803610 07-31-00 • 07-31-01 YEAR UAdenPDOe. VEHICLE IDENTIFICATION NUMDRR 1999 F/L TOW TRUCK #1065 SPANISH TRANSLATION AGENCY AGGrJCV PHONE NO, ARROW INSURANCE SERVICE 972-686-6868 P.U. BOX 870188 MESQUITE, TEXAS 75187 TRADUCCION DE ESPANOL IN SURD BELLOWS, JOE WYLIE AUTO TOWING 1352 W. EM 6 NEVAAA, , TX 75173 This policy provides at least the minimum amounts ci:iabildy insurance required by the Tcxas Motor Vaalole Safety Responsibility Act for the Specified vehicle and named insureds end may provide coverage for other persona and other vehicles as provided by the Insurance policy. Tarjeta de Seguro de Responsabllldad de Texas Texas Liability Insurance Card Guarde esta tarjeta. Keep this card. IMPORTANTE: Esla taricta o una cape de su pfEfize de IMPORTANT: This card or a copy of your insurance policy must seguro debe ear moatrada cuartdo uated solleke 0 renueve be shown when you apply for or renew your: • re intro de vehOculo de motor a motor vehicle registration • Iicenoia pare conducir o drivers lCenSe • etlqueta de InspeacUEn de seguridad pare au vehOcuto. o motor vehicle safety inspection sticker. Puede que Wed tangs tambiAn qua meatrer eats tarjeta You also may be asked to show this card or your poloy if you o su p/•Slize de seguro si time un accidents o el un uncial have an accident or if a peace officer asks to see it. de Is paz se la plde, rodoa nos conducrores an Texas deben de toner aeguro MI drivers in Texas must carry lability insurance on their de reeponaabWdad pare sus verbculoe,o de ohs manera vehicles or otherwise meet legal requirements for financial Winer los requisitoc legales da respprrsabilidad civil.Fallo responsibility. Failure to do so could result in fines up to on Sonar este requielto pudiara resu;tar eh mites de haste S1,000, suspensLFEn de au Wends pare conduct, $1,000, suspension of your driver's license and motor vehicle y ds su registro de vehOcuic de motor.y le retencl En de registration, and impoundment of your vehicle for up to 130 au vehOculo pot un perOodo de haste 1&7 dOes(a un coalo days(at a cost of$15 per day). de$15 pordOa;. ACOR n 00 rx MT) Lr'i ACORD CORPORATION 1001 — 7Traco471� Lt^:.'G. fnn 17./{-Ir'.IE'3 Signature Towing, Inc. Where service is our top priority! Contact Information: Rick Chron or Tommy Anderson 1204 Municipal Ave. Plano,TX 75074 972-423-4010 Signature Towing, Inc., a Texas corporation, was formed in the Spring of 2001 by a group of experienced towing company managers to purchase the assets of RoadOne®DFW which operated the Plano and Richardson city contracts. Both the Plano and Richardson contracts were assumed in May, 2001. In addition, Signature has also bought the rolling stock of Autowcare Towing& Storage, currently towing for the cities of Wylie, Sachse and Murphy. While a new Company, the principals are not new to this area or the business. Rick Chron, formerly with Lewis Towing of Texas,then RoadOne®and more recently with Autowcare Towing& Storage, is in charge of operations. Tommy Anderson, formerly with Anderson's, Wylie Wrecker Service and Autowcare Towing& Storage is in charge of customer relations and development. Tommy has towed for the City of Wylie for many years and has operated a licensed Vehicle Storage Facility in Wylie for 14 years. The other principals, Dave Parker, Grant Mac Quilkan and Steve Smith, are also owners in the WHW Towing Companies, including Walnut Hill Wrecker(Dallas) and Cornish Wrecker Service(Fort Worth). This ownership group gives Wylie the best of all worlds: • Local ownership interested in the local community (3 owners within a few miles of VSF). • Superior fleet(16 light, 2 medium and 2 heavy-duty trucks within a few miles). • Backed up by the largest fleet in the Metroplex(16 heavy and numerous light duty). • The most experienced and respected management team in Texas. • Licensed VSF within Wylie City limits with 24-hour release capability. • Computerized dispatch and VSF management. • Supervision and operators with many years Wylie PD experience. Having served the Cities of Plano,Richardson, Irving and others, all with major highway systems, the management of Signature believes it is ready, equipped and able to serve the City of Wylie well into the future. Our long time exclusive contracts with these Cities have proven our ability, enabled us to build strong relationships of mutual respect with police departments, and given us a base of experience from which to contribute to the growing needs of the Wylie community. Walnut Hill Wrecker,with over 33 years of City towing experience, Anderson's Wrecker Service,with many years of towing for the City of Wylie and operating the VSF inside Wylie City limits, form a support framework of tremendous equipment capability and expertise. However, our commitment to Wylie will be more than that. Signature Towing will commit to regular meetings with the police department and city officials to discuss ways to improve our performance and brainstorm challenges faced daily by Wylie PD and the City Transportation Department. Signature Towing wants to be more than a service provider,we want to be part of the growing Wylie community. REQUESTED PROPOSAL INFORMATION The following information is being submitted as requested. The item numbers correspond to the "proposal Instructions" published in the RFP. EXHIBIT A WRECKER SERVICE PROPOSAL INSTRUCTIONS 1. PROPOSED FEE SCHEDULE FOR CITY DIRECTED TOWS See Attached Exhibit B— Fee Schedule 2. FEE SCHEDULE FOR TOWING CITY OWNED VEHICLES See Attached Exhibit B— Fee Schedule 3. ADHERENCE TO APPLICABLE LAWS Signature Towing agrees to manage and operate the towing and storage operations under all applicable state, city, county and federal laws and guidelines. We have an independent firm to ensure our compliance with various employment and licensing requirements. We have also been very involved with the legislative process in Texas for the past 10 years, so we are very aware of the various laws regarding towing and storage facilities. Three of our operating partners are very active with the Texas Towing and Storage Association and are involved in shaping the legislative environment of our industry. Signature Towing, Inc. is in "Good Standing" with the State of Texas Comptrollers Office and other local, state and national agencies. 4. INTENT TO PREVENT ACCIDENTS It is the intent of Signature Towing to do whatever is necessary to prevent accidents and to protect the public from injury. We have driver training both by management and team leaders. Tommy Anderson, one of our managing partners is STARS certified instructor, which is a national safety program. All drivers undergo a background check, initial drug testing and random drug testing. 5. PROTECTION OF THE CITY FROM ALL CLAIMS Signature Towing will agree to protect, defend, indemnify and hold the City and its employees, agents, officers and servants free and harmless from any and all losses, claims, liens, demands and causes of action of every kind and character within the scope of the contract. 6. INSURANCE COVERAGE Please see attached Insurance Certificate to confirm $1,000,000 coverage per incidence. Signature will maintain required limits of coverage throughout the length of the contract. 7. EFFECTIVE DATES OF CONTRACT Signature Towing is willing to start servicing the City of Wylie whenever the government officials are ready to sign a contract. All systems are in place to begin immediately. 8. MINIMUM NUMBER TRUCKS, DESCRIPTION OF TRUCKS AND MINIMUM RESPONSE TIME We currently have 17 light duty trucks including Flatbed Carriers and Regular Boom trucks, all equipped with wheel lifts (avg. GVW 21,500); 2 Medium Duty trucks (avg. GVW 25,500); and 2 Heavy Duty trucks (avg. GVW 33,000+) that operate out of the Plano & Wylie locations. See attached fleet list for details. Each truck is equipped with the necessary emergency equipment and with tools needed for clean up of debris in the roadway. We understand that response time is key to an efficient wrecker service. Within the city limits we will offer a minimum response time of 15 - 30 minutes with the understanding that City calls have a priority over all other calls. We expect the average ETA to be 20 minutes. Response time will be dependent upon traffic and construction delays. 9. PHYSICAL LOCATION OF FACILITY The vehicle storage facility is located at 8B & 10 Regency Road, Wylie, Texas,just 2.1 miles east of Murphy Road off SH544. 10. COMPLETE PHYSICAL DESCRIPTION OF STORAGE FACILITY This two acre site is currently being used as a storage facility for the city of Wylie for a portion of the impounded vehicles. All fencing and security gates are in place. There is an office on site for release of vehicles. Please refer to the attached pictures and site plan. VSF license is also attached. Note that the license is held by Autowcare Towing & Storage, Inc., which is the company that Signature will be leasing the property from. 11. ACCESSIBILITY OF THE PUBLIC TO STORAGE FACILITY This location is very accessible to the public and City personnel due to the fact it is off a major thoroughfare and is in the City limits of Wylie. Please see#12 for staffing times. 12. HOURS OF ATTENDANT ON SITE Signature Towing commits to having this location staffed between the hours of 8:00am to 6:00pm Monday through Friday. Employees are on call for after hours release of vehicles and assistance. 13. INVENTORY, RECORD KEEPING AND REPORTING PROCESS Signature Towing currently uses software specifically for vehicle storage management. It is designed to handle all the necessary reporting and record keeping that a city requires. We will be happy to report monthly inventory and dispositions to the City on a date that is satisfactory to both parties as we do presently for the City of Plano and Richardson. 14. RECORDS INSPECTION BY POLICE PERSONNEL Signature Towing will make pound records available for inspection at any reasonable time during the business day by Police personnel or appropriate city officials. 15. PRIORITY OF CITY CALLS As is in the case of any City we tow for, the first priority for our equipment is Police directed calls for the City. 16. SEGREGATION OF CITY TOWED VEHICLES AND OTHER VEHICLES Signature Towing will allocate a specific area of the storage facility to store Wylie police tows only. 17. AGREEMENT TO TOW JUNK VEHICLES AND METHOD OF DISPOSAL As with all of our storage facilities, Signature Towing will comply with all laws regarding notification and disposal of junk vehicles. At the City of Wylie's direction and within the applicable laws of the state, the junk vehicles will be delivered to the crusher at no charge to the City. 18. MEANS FOR RESOLVING DISPUTES WITH VEHICLE OWNERS Signature Towing is and has always been committed to the best in quality customer service. We understand that since this is an "arm" of the City's public service, we are required to uphold the utmost level of integrity and honesty with everyone we work with. We will attempt to handle all disputes with vehicle owners in a swift, fair and amiable manner that will reflect on the City's commitment to excellence. Every attempt will be made to resolve all disputes with a win-win —win outcome. The vehicle owner wins because he is satisfied, Signature Towing wins because we have attained our goal of high service standards and the police department wins because they were able to uphold the standards of the law and community safety. We would like to propose very open communication with the City of Wylie in hopes of heading off any major dispute with the City. We would like to schedule working sessions on a quarterly basis so we can collectively give positive and negative feedback, suggestions and ideas so that the joint efforts can better serve the citizens of Wylie. 19. INVOLVEMENT IN CITY SPONSORED EVENTS Signature Towing will be more than happy to help in any way within reason for community- sponsored events. This may be supplying a flatbed wrecker for a parade or helping in some other way. Much of our involvement will depend on the timing of the event due to the fact we run our operation 24 hours a day, 7 days a week. FEE SCHEDULE for CITY of WYLIE WRECKER CONTRACT NOTE: All calls dispatched by the City, regardless of the tow destination, are covered by the FEE SCHEDULE Vehicles that are impounded as a result of arrest, seizure with keys, on the roadways and not involved in an accident: Under 10,001 GVWR $55.00 Under 26,001 GVWR $70.00/hr. Over 26,001 GVWR $100.00/hr. Accidents, recoveries, rollovers,winching, dollies, required tire changes in order to be towed, etc.: Under 10,001 GVWR $65.00/hr. Under 26,001 GVWR $70.00/hr. Over 26,001 GVWR $100.00/hr. City owned/leased/rented vehicles: Under 10,001 GVWR N/C 7:00am-7:00pm-up to 10 per month $30.00 All other Tows inside Wylie City limits Under 26,001 GVWR $40.00/hr. Over 26,001 GVWR $60.00/hr. Major incidents involving specialized equipment, personnel, techniques, Haz-Mat requirements, etc. shall be reviewed for all charges. Motorcycles $65.00/hr. Miles charged after leaving the City limits: $2.00 One Way Daily storage rates: $15.00 per day (VSF) Impounding Fee: $10.00 Clean roadway of debris-No Tow $25.00 No other fees may be charged in the operation of this Contract and the City will have the right to audit the Contractor. Failure to comply with the FEE SCHEDULE will be cause for administrative penalties up to and including the cancellation of the contract. Signature: REFERENCES City of Richardson Ernie Ramos 972-744-4421 City of Murphy Lt. Ben Ferguson 972-424-6021 Marvin Fuller American National Bank— Wylie 214-863-5831 ?PR-24-01 TUE 05:38 PM FAX NO, P. 02/G4 W: t--Ct.t •"00) 4';": . _,A9',!/ 'Ole ,, tatt of Texax% ecxeta rg of o fatt C•ERT IF ICAT r OF It1CGRPORATI ON OF SIGNATOPE TOWING, INC. CHARTER NUMBER 0.16ZS499 YHF IINO PSIGNED, AS SLCRETAWY OF STATE OF THE STATE OF TEXAS, 117k 6Y CLQT;FIES ''HAI TtIL A-i TI,CHED AKTICL''S OF INCORPORATION FOR THE Ai►UV£ f:AMID OO POPATION HAV BEEN KFCEIVE,) IN THIS OFFICE ANL) AkE ►=flU`tO TO C(JNFORI' "O LAW. r.CCCJ DINGLY, THE UNDEFSIGN50 , AS SFCKEETARY OF STATE , AND BY VIRTUE v: THr AUTdokITY VEST D IN Ill:: SE_CRE1AR,Y BY LAW, HEREBY ISSUES THIS cs,kTITICATIE OF INCU1 POF:ATIU+`l. TSSUANCc OF THIS CERTIFICATE OF INCOKPORATION DUES NOT AUTHORIZE THE US or A CURPfIRATE NAME IN THIS STATE IN VIOLATION OF THE RIGHTS OF A.'40THr•R UPIUfh THE FFurRAL Tr?AnE ARK ACT OF 1966, THE TEXAS TRAUEMARK LAW, SITE \SSUMr[ tIUS THES S OR PROFLSS TONAL NAME ACT UK THE COMMON LAW. D.TFD APR. ?rt , 2001 E.Ff C1 iVq: APR . 24 , 2001 "•� /fit. ,1 7 y1,.:*: , t%-,// M'S''' iN A*IA V.)..A . \ ,ii -: Of . ' j'ibj1----.41A1A-- *NIO/ --ill 1; Henry Cuellar, Secretary of Stela 1-'11 r Hn NU. r. uui u4 In the Off►cE of the ARTICLES OF INCORPORATION OF Secrets APR ry of2 St�ate of Texas SIGNATURE TOWING,INC. 2001 Corporations Socti0n • ARTICLE ONE The name of the Corporation is SIGNATURES TOWING, INC. ARTICLE TWO ' The period of its duration is perpetual. ARTICLE THREE The purpose for which the Corporation is organized is the transaction of any and all lawful business for which a corporation may be incorporated under the Texas Business Corporation Act. ARTICLE FOUR The aggregate number of shares which the Corporation shall have authority to issue is One Million (1,000,000). The shares shall have a par value of One Cent ($0.01). • ARTICLE FIVE The Corporation will not commence business until it has received for the issuance of its shares consideration of the value of $1,000.00, consisting of money. labor done or property actually received. ARTICLLS OF INCORPORATION OF SIUNATURI;TOWING, INC.,PAGE 1 APR-24-01 TUE 05:39 P11 FAX NO. P. 04/04 • ARTICLE SIX The street address of its initial Registered Office, and the name of its initial Registered Agent at this address, is as follows: Grant D. MacQuilkan 906 18th Street, Suite 122 Plano, Texas 75074 ARTICLE SEVEN The number of initial Directors is three. The names and addresses of the initial directors arc: Grant D. MacQuilkan 906 18th Street, Suite 122 Plano, Texas 75074 W. David Parker 906 18th Street, Suite 122 Plano, Texas 75074 Steve Smith 11239 Goodnight Lane Dallas, Texas 75229 ARTICLE EIGHT The name and address of the Incorporator is: Marilyn S. Hershman 408 W. 17th Street, Suite 101 Austin, Texas 7 8701-1 207 (512) 474-2002 IN WITNESS WHEREOF: I have hereunto set my hand this 23rd day of April, 2001. • /tart- Marilyn . Ilershman, Incorporator ~ - ARTICLES OF INCORPORATION OF SIGNATURF,TOWING, INC.,PAGE 2 Foirn W-9 Request for Taxpayer Give form to the (Rev. December 1996) requester. Do NOT Department of the Treasury Identification Number and Certification send to the IRS. Internal Revenue Service Name or a joint account or you changed your name. see Speck instructions on page 2.) Signature Towing, Inc. Business name. if different from above.(See Specific instructions on page 2.) 0 I. Check appropriate box: Individual/Sole proprietor X Corporation Partnership Other Ilei aAddress (number. street. and apt or suite no. Requester's name and address (optional) ii 906 18th Street, Ste 122 City. state,arx)..1P coda • Plano TX 75074 - Part I Taxpayer Identification Number (TIN) ; tar account number(s) her. (optional) Enter your TIN in the appropriate box. For individuals, this is your social security number Social security number (SSN). However, if you are a resident alien OR a sole proprietor, see the instructions on page 2. For other entities. it is your employer OR Part II For Payees Exempt From Backup identification number (EIN). If you do not have a Withholding (See the instructions number, see How To Get a TIN on page 2. Employer identification number on page 2.) Note: If the account is in Mc.-6-than one name, 7 5-2 9 3 3 0 5 4 see the chart on page 2 for guidelines on whose . number to enter. Part III Certification Under penalties of perjury, I certfy that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a)I am exempt from backup withholding, or (b)I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c)the IRS has notified me that I ant no longer subject to backup withholding. Certification Instructions. -You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt contributions to an individual retirement arrangement (IRA). and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 2.) Sign Here Signature /l/. />`„ a, Date 9 --.0 ...7�/ Purpose of Form.—A person who is include interest. dividends, broker and 6.You do not certify your TIN when required to file an information return with barter exchange transactions, rents, required. See the Part III instructions on the IRS must get your correct taxpayer royalties. nonemployee pay, and certain page 2 for details identification number (TIN) to report, for payments from fishing boat operators. Real Certain payees and payments are example, income paid to you, real estate estate transactions are not subject to exempt from backup withholding. See the transactions, mortgage interest you paid, backup withholding. Part II instructions and the separate acquisition or abandonment of secured If you give the requester your correct Instructions for the Requester of Form property, cancellation of debt, or TIN, make the proper certifications, and W-9. contributions you made to an IRA. report all your taxable interest and Use Form W-9 to give your correct TIN dividends on your tax return, payments you Penalties to the person requesting it(the requester) receive will not be subject to backup Failure To Furnish TIN.—If you fail to and, when applicable, to: ' withholding. Payments you receive will be furnish your correct TIN to a requester, you 1.Certify the TIN you are giving is subject to backup withholding if: are subject to a penalty of$50 for each correct (or you are waiting for a number to 1.You do not furnish your TIN to the such failure unless your failure is due to be issued), requester, or reasonable cause and not to willful 2.Certify you are not subject to backup 2.The IRS tells the requester that you neglect. withholding, or furnished an incorrect TIN, or Civil Penalty for False Information With Respect to Withholding. —If you make a 3.Claim exemption from backup 3.The IRS tells you that you are subject false statement with no reasonable basis withholding if you are an exempt payee. to backup withholding because you did riot that results in no backup withholding,. you Note:Na requester gives you a form other report all your interest and dividends on are subject to a$500 penalty. than a W-9 to request your TIN,you must your tax return (for reportable interest and use the requester's form if it is substantially dividends only), or Criminal Penalty for Falsifying Information. —Willfully falsifying similar to this Form W-9. 4.You do not certify to the requester certifications or affirmations may subject What Is Backup Withholding? —Persons that you are not subject to backup you to criminal penalties including fines making certain payments to you must withholding under 3 above (for reportable and/or imprisonment withhold and to the IRS 31% of such interest and dividend accounts opened pay Misuse of TINS.—If the requester payments under certain conditions. This is after 1983 only), or discloses or uses TINS in violation of called 'backup withholding.' Payments that Federal law, the requester may be subject may be subject to backup 'withholding to civil and criminal penalties. Form W-9 (Rev. 12.96) WQR{EB,S_..COMREN:S-T-i- }N.:-QO. F.ERA,CxE_:_ I•&fl#3 ':�¢ .. _ �.: ps tn,• .d:. 'y,.:^S:�H,v >�Z..` ��s!•' DATE(MN/DD� �'r' i. o:ai.X"'f`�"i aa: ,'.!l ia:m..<:. .r �.'r...;, /J 96.0 �y �,.. ::a. :,A1' ,t, war";,;xA:l:Ri: . 4• y ... '3i if`•$':. r.2 ,ru. p <,s`. s#�' •v�w ,ptt1.0fi •40,,)r :r{; r /02 0 n`. y,: :l:,. ..Me's:: 3. . :i: (1. $E: i a <"l+ ,.e I;%Hr }'�,l 0$ �A ! .,»e.si �5+�� • !'I �."�if!•' ...��,:�•',•,,t"y,.•ia:;v...'S• +''sa' e.r,.s..' INFORMATION R �TM �¢ t�' 3. miruix!$'.:csrxd f`' MATTER OF ' " ;THIS CERTIFICATE CIS ISSUED AS A rt,.;.w.:.weo:ucwn•neaww:oa�cIxi�...:t2��tc��iY.:3�3:.$�O'•� },`*6� Ed4'i xi�:iu::'L. •"'•'. 'flooHSI I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 555 Northeast 555 Pleasantville Rd Ste 201 II HOLDER. THIS CERTIFICATE'DOLS NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Briarcliff tenor NY 10510 COMPANIESA ORDING COVERAGE 'COMPANY A Twin City Fire Insurance Company INSURED I COMPANY Mart-Caudle Corp. & S.O.I. 8 P.O. Box 241448 NC 28224 COA4PANY Charlotte C • COMPANY y )y 0 ''I:S'.`.: ..".:t:�A H.; :itiR): :!'..I;e:,S/:�:i:S...:`}.�.:)��'':I,,,,,:.`.i • :'I:�.f. ::e. :6),.Y :,x�a•.s,..a•�j: .if:ii";t".oYn .$i�'Y' �<,:Ii� .w;•• '„"•3•i;i't .5:�.}b:N:e:,:);.>:Sb�s.:.3:.. .��:.:; :,y :`;1%fr;:..•:�::5y'r:Yr,.,.),..:E'�i,,; 8�?.. 3,.sx, :�)�.s:.:�.�.'s'4�,a'aai%=�:3.��,1..w3..�E�s:.:..1r ,,s. ;r^o-�^ ..s i'"e"i�SR'f:+;n S�:•..:rosE"Y:::. ' ;1..,.s::r.,.. e.e:r sxadxe.,;s#l&ar:tw:d bt><. 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C(CLU CA p(GLUSIONS AND CONpiT10N5 OF SUCH POLICIES.LIMITS SHOWN MAY HA E BEEN REDUCED BY PAID CLAIMS. -.LK,ry EFFECTIVE PODGY DCPIRATION CO TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DPI'Y) LTR BODILY INJURY OCC GENERAL.UABI - BODILY INJURY AI3G 111111111111.111111 in COMPREHENSIVE FORM PROPERTY DAMAf;E OCC IM ■ PFIEMISES/OPERATiONS PROPERTY DAMAGE ABSEXPL IRODO a EXPLOSION UN&CUItP^E HAZARDBi&PD COMBINED OCC III CONTRACTUAL PI ETED OF£R Si&PD COMBINED AGO MIIIMIIIIIII ■ CONTRACTUAL PERSONAL INJURY AGO nIIIIIIIIIIIIIIII INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE ■111.111111.11. ill PERSONAL INJURY P�INJURY 5 AUTOM080.ELUHn1TY 1111 ANY AUTO BODILY INJURY ! In ALL OWNED AUTOS(PrWaos Pass)al (Per accldon0 ALL OWNED AU (Oth6r than Privdk asTan9e0 PROPERTY DAMAGE r HIRED AUTOS 1611 NON-OWNED AUTOS BODILY INJURY& GARAGE LIABILITY COMBINE DAMAGE COMBINED FAdi OCCURRENCE s Excess LIABILITY AGGREGATE $ 11MBRFl I A FORM $ OTHER THAN UMBRELLA FORM © ►s• „ b . woxKERSCOMPENSAl1ONAHD EL EACH ACCIDENT 9 1,000,000 EMPLOYERS'LIABILITY A 1(Wµ,176500 03/02/2001 03/02/2002 1,000 000 EL DISEASE-POLICY UMR $ THE ERS APE!FV 1.1 INCL EX� EL DISEASE-EA EMPLOYEE S 1,000,000 PARTNERS/EXECUTNE OFFICERS APE: oTHER l DESCRIPTION OF OPERATiONs/LOCATIONs/VEwouEsispEGUJ'ITEMS Limited to Employees Leased to Hart-Caudle Corp by S0I Ma 11239CGoodnight oodn Corph Waiver of Subrogation Applies in Favor of Certificate Holder Dalla Go TX 7522 Lane Job: Towing Jobs for City of Plano Flu(: 9y2-484-6496 & 972-461-6837 t; ':;: '!< a�s ,�`+I �I 1:''"i•n':r';"`'�``�i4'��'�°i> Dallas.as t TX 75229 ,.,.�,. ';: ':� I�z' ::R,:,:s;;', I:31e�,�.,.�`I��$•t. ;• `I` I• •f +"'� x:�1�.•s�..;.:<�r:�. e�eyvf:n„e., ., „�..%:• "'vws'"•I' i igtagi'£ :a ,. .'. • 1.*:#1;��;.. .)':.:,iS: .ata� .X3:s0'rlai' 1:0)ll$::f:r>i7.•''1J...) .:hrk4 City . •3,.�j1sp�7�`ifjg'd>4.�'£r J: sfr'$4 k$ a� i'4 .r. : '•'i' Sv'n^SHOULD.v ANY OF BEFORE YHE `.�� '�^�'•""�%'•�• ANY OF THE ABOVE DESCRIBED POLICIES 8l!t:ATIGELIED A of alenA }D(PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P.O. Diane 35 isan J0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. P.O. Box 860358 Plano TX 75086-0358 BUT FAILURE TO MAIL SUCH NOTICE SHALL DAPpsE NO 09IXSATION OR uAB1U TY OF ANY KIND u •. THE COMPANY. ITS AGENTSOR EPRESENTATIVES. AUTHORIZED REP' • �.. fitii,eJ .. a%:K a.. ',i3":G.,r)4�.rl;(C�3ry�!I;CkZ7q;atl:�gat�u!iu :;�..�•1'•�3�, yfYl,$iaR:a�'•gar"l; .'i.��l'd�r.�1�A.`. rx.•as 1 f f.an$'i li, i,Y ►k$1'u.i: .A a7w 1„deg,n e.i, fig. :grAig . . ... • . .. �y .,.1... •apaai:.!;tt1;.;�s^;<'}w+'":%�Lg'�x`dg'fi��r`t.¢s:M„a%��"s>._ �:�„•�.,I:;,.�;+.,:,y:t.:',�,>:,;.�F..Pf. .,.s �sK�£:..I• .. F1W e'Iy�.(�s.'�: �i:�+E.4...3.. '.!;ate..E��S'.i';'> a , );,.,• .P..: t..., :.}... �i i'' TOH Sb:9T TOO? ? 6PW MAY-04-2001 02:34 P.01i01 AlcaliD C E RT I F I GA i C u r L lt`E)"-�I�IS� T�eCATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1507 SouthInsurss Ili Agency, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1507 South 87 35 INSURERS AFFORDING COVERAGE Austin TX 78741 p11O1e: 512-44777773 Pax:512-440-0989 INSURERA Pire:ppan's Fund Count Mutual INSURE INSURERS: Interstate Fire & Casualt INsuRERc: National Fire Marine Signature Towingg, ,IYla- INSURER D: 1204 Municipal Drsve Plano TX 7574 INSURER E I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDI NG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ON +LTR TYPE OF INSURANCE POLICY NUMBER DATE MMtoo DATE(ATE D � EACH OCCURRENCE LIMITSS1,000,000 GENERAL LIABILITY 04/30/01. 04/30/02 FIRE DAMAGE(Any ono Ire) s B COMMERCIAL GENERAL LIABILITY BINDER CLAIMS MADE ��OCCUR MED EXP(Any one Porson) 5 _ III PERSONAL a ADV INJURY Si v 0 0 0,0 0 0 GENERALSONAL GGREGATE f 1,000,000 A00REPIOPAOG S 1,000,000 GEN L AGGREGATE LIMIT APPLIES�I PER: POLICY �Ec ( I LOG S1,000,000 BINErDx'INGLE LIMIT wUY A Y AUTO LIABILITY 04/30/01 0 4/3 0/0 2 A ANY AUTO $INDBR BODILY INJURY X ALL OWNED AUTOS (Per Person) X SCHEDULED AUTOS INJ BODILY INJURY $ X HIRED AUTOS (Per I ) ■ NON-OWNED AUTOS PROPERTY DAMAGE $ (Per ecr3dant) ■ AUTO ONLY-EAACCIDENT S 1,000,000 GARAGE LIABILITY O4 3O O2 EA ACC S1,000,000 B III ANY AUTO BINDER 04/30/01 / / AUTO ONLY: AGG S1,000,000 X EACH OCCURRENCE S EXCESS LIABILITY AGGREGATE s OCCUR Li CI AIMS MADE S S DEDUCTIBLE S RETENTION >i TORV LIMTf3 ER- EMPLOY S COMPENSATION AND E.L EACH ACCIDENT ,S ER- EMPLOYERS'LIABILITY EA..DISEASE-EA EMPLOYEE S EL DISEASE-POLICY LIMIT f OTHER 04/30/01 04/30/02 Limit $50,000 C CaHrgo BINDER Ded 1,000 DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLESrEXCLUSIONS ADDED BY ENDORSEMENTIsPECIAL PROVISIONS See Attached Vehicle Schedule Garagekeepers $50,000 / $500 Deductible Waiver of Subrogation in favor of Certificate holder CERTIFICATE HOLDER YJADDITIONAL INSURED:INSURER LETTER CANCELLATION •— CITYPIA SHOULD ANY OF THE ABOVE DESCRIBED POLIGBB BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING I URER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN .TO THE CERTIFICw 'NAMED TO THE LEFT,BUT FAILURE TO DO 80 SHALL City of Plano IMP03E O BLIGAT70N OF ANY KIND UPON THE INSURER.ITS AGENTS OR (Additional Insured) OR- °�, P.O. Sox 860358 REPRE= �wT ��. Plano TX 75086-0356 f,,11,...4fre �,; I �LV ACORD as-S(7197) CACORD CORPORATION 19tltl —J TOTAL P.01 WYLIE CITY COUNCIL AGENDA ITEM NO. a-. June 26, 2001 Issue Consider and act upon awarding the vending and concession contract with Pepsi Bottling Group Inc.(PBG) for City facilities and City sponsored events. Background The City's contract with Dr. Pepper Inc. expired approximately 2 years ago. Dr. Pepper had provided scoreboards to Community Park under the expired contract. The scoreboards are now inoperable at Community Park and the Parks and Recreation Department is in need of more scoreboards at Founders Park. Dr. Pepper and Coca-Cola were both contacted to in order to present proposals for a new contract. Representatives from Dr. Pepper and Coca-Cola never responded to a request for a proposal for a new contract. Pepsi responded with a contract and attractive offer for both our concession and scoreboard needs. Financial Considerations $35, 000.00 contract for scoreboards (spread out over 5 year period), total term of contract 10 years, 100 free cases of product for special events per year, and vending/concession services to all City facilities (excluding fire stations). Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends accepting the contract in order to begin getting new scoreboards for Community and Founders Park. Attachments Copy of Contract Rt14/44t. 4 // Prepared by Aft evie sy Finance City Mana r Approval AGREEMENT BETWEEN BOTTLING GROUP, LLC AND THE CITY OF WYLIE This AGREEMENT (hereinafter referred to as the "Agreement") is made as of this day of June 2001 (the "Effective Date") by and between the City of Wylie, Texas, with its principal place of business at 2000 Highway 78 North, Wylie, Texas 75098 (hereinafter referred to as "City") and Bottling Group, LLC d/b/a The Pepsi Bottling Group with its principal place of business at One Pepsi Way, Somers, New York 10589 and with an office at 4532 Highway 67, Mesquite, Texas 75150 (hereinafter referred to as "PBG"). WHEREAS, City has the exclusive rights to the use of the Premises (as defined below) and to obtain sponsorships for the Premises and arrange for the provision of soft drinks on the Premises; and WHEREAS, City wishes to have the promotional sponsorship of PBG at the Premises and in the areas referenced in this Agreement and further wishes to have the products of PBG promoted and sold at the Premises; and WHEREAS, PBG wishes to identify itself with the Premises and to have its products promoted and sold at the Premises and further wishes to receive the other promotional benefits provided for by City in this Agreement. NOW, THEREFORE, in consideration of the terms, covenants and conditions herein contained, and the other mutual promises set forth herein,the parties agree as follows: I. DEFINITIONS. A. "Agreement Year" means each and every consecutive twelve (12) month period during the Term beginning with the Effective Date. B. "Approved Cups" means disposable cups approved by PBG from time to time as its standard trademark cups and/or other disposable and non-disposable containers approved by PBG and/or other disposable cups which do not bear, display or contain the trademarks or service marks of a Competitive Product or its manufacturer. C. "Beverage" or "Beverages" means all carbonated and non-carbonated, non- alcoholic drinks, including but not limited to, (i) carbonated soft drinks; (ii) fruit juice; (iii) coffee drinks; (iv) ready to drink tea and ready to drink coffee; (v) hypertonic, isotonic and hypotonic drinks (sports drinks, energy and fluid replacements); and (vi) bottled or canned water whether carbonated or still (spring, mineral or purified). D. "Case" means twenty-four (24) bottles of 20 oz. Product purchased by the City from PBG. E. "Competitive Products" means any and all Beverages other than the Products. 1 F. "City Marks" means (i) the "Designations" (as defined below) and (ii) City's characters, colors, emblems, designs, identifications, logos, mascots, name, service marks, symbols, trademarks, all trade names, uniforms and other proprietary designations which are owned, licensed to or controlled by City and which relate to City and which are in existence on the Effective Date or which will be created during the Term. G. "Designations" shall include but not be limited to the following: "Official Soft Drink of the City of Wylie." H. "Premises" means all facilities owned, operated, leased, rented or controlled by City, including, but not limited to, all concession locations (including those operated by youth athletic associations)and all vending locations. :.;��.: aafr c�, i� �._r I. "Products" means any and all Beverage products bottled, sold or distributed by PBG. J. "Scoreboard Funds" shall mean the fees to be paid by PBG to City under this Agreement as set forth in Section V.A. K. "Supplies" shall mean any Approved Cups, straws and lids and CO2 necessary for the dispensing of the Products. L. "Term" means the ten (10) year period beginning on the Effective Date and continuing up to and including June 2011,unless sooner terminated as provided herein. II. GRANT OF BEVERAGE AVAILABILITY AND MERCHANDISING RIGHTS. During the Term, City hereby grants to PBG the following exclusive Beverage availability and exclusive Beverage merchandising rights as set forth and described below: A. Beverage Availability on the Premises. (1) Grant of Rights. Subject to the terms of this Agreement, City grants to PBG the right to make Beverages available for sale at the Premises. The Products shall be the only Beverages sold, dispensed or served at the Premises and the Products shall be sold at all concession or vending locations located within the Premises. The Products shall be the only Beverages sold, dispensed or served at special events sponsored by the City. PBG agrees to supply the City with a sufficient amount of Product to fulfill the reasonably anticipated demands of the City. (2) Purchasing of Packaged Products. The Products produced and/or sold in bottles and/or cans by PBG (collectively,the "Packaged Products") shall be purchased by City and its concessionaires directly from PBG at prices reasonably established by PBG on an annual basis. 2 (3) Vending. PBG shall have the exclusive right to place beverage vending machines on the Premises. PBG shall not be assessed common area maintenance fees,taxes or other charges based on its occupation of the space allocated to vending machines. The vending machines shall be in good repair, both mechanically and aesthetically. B. Product Merchandising Rights. During the Term and subject to the terms and conditions contained in this Agreement, City grants PBG the exclusive right to merchandise Products at the Premises as set forth and described below: (1) Menu Board Advertising. City agrees that Pepsi's trademarks for Products shall be listed on the menu boards at concession locations in which Products are served to customers at the Premises. All brand identification containing Pepsi trademarks and/or service marks for menu boards set forth herein will be prepared and installed by City at City's sole cost and expense. S nv (2) Approved Cups City agrees that all Products served, sold or dispensed at concession locations in which Products are served to customers at the Premises shall be served in Approved Cups and all other Beverages served, sold or dispensed within the Premises shall be served in either Approved Cups or other disposable cups which do not bear, display or contain the trademarks or service marks of a manufacturer of Competitive Products. PBG agrees to make Approved Cups available to City and City shall itself purchase or cause its concessionaires to purchase such Approved Cups only from PBG, at prices reasonably determined by PBG. III. GRANT OF BEVERAGE ADVERTISING AND PRODUCT PROMOTIONAL RIGHTS. During the Term, City hereby grants to PBG the right to advertise and promote Products in and with respect to the Premises upon the terms and conditions contained in this Agreement and as set forth and described below. A. Advertising (1) Premises Advertising. (a) The Pepsi logo and the Designation "Official Soft Drink of the City of Wylie" shall be included in the signage displayed on the Premises. . ,.1. ; • '._:•.0Y11at.:tt II\ ! 3 (b) All scoreboards located on the Premises will prominently display the Pepsi logo, however the Pepsi logo shall not cover more than twenty percent (20%) of the front surface area of the scoreboard unless the City agrees otherwise. (2) Advertising/Signage Changes. City recognizes PBG's right to change, modify and alter its advertising for, or identification of, any of the Products or to discontinue the manufacture of any of the Products. PBG shall reimburse City for all reasonable costs and expenses incurred by City in changing or modifying or altering any Premises Advertising, menu boards and other PBG identification or references to any of the Products necessitated by PBG's changes to the advertising, trade marks or trade names, designations or identification there of. PBG shall have the right to modify change or alter the promotional messages appearing thereon and all such modifications, changes and/or alterations shall be at PBG's sole cost and expense. City shall use reasonable efforts to minimize the cost to PBG for modifying, altering and/or changing PBG's advertising. B. Promotional Rights. (1) General Sponsorship Designation. City hereby agrees that PBG shall have the right to promote the fact that PBG is an official sponsor of the Premises and that the Products are available at the Premises, including the right of PBG to refer to itself using the Designations. (2) Grant of License to Use the City Marks for Promotional Activities. City hereby grants to PBG a nonexclusive license to use the name of the City and the City Marks, for the limited purposes of promoting Products within the context of promotional activities. IV. GRANT OF OTHER RIGHTS. A. Exit Sampling. City agrees to permit PBG to conduct, at PBG's sole cost and expense, sampling of the City's patrons upon exiting the Premises. PBG will control the design and execution of the sampling event. B. Exclusivity. City is hereby restricted from selling, serving, promoting, marketing, advertising, merchandising, sponsoring or endorsing all Competitive Products in or about the Premises or granting the rights granted to PBG hereunder with regard to the Premises to a seller, distributor, manufacturer, licensee or owner of Competitive Products. 4 V. CONSIDERATION. A. Scoreboards Funds. PBG will pay the City Thirty-Five Thousand Dollars ($35,000) in support of the City's purchases of scoreboards (the "Scoreboards") for the Premises (the "Scoreboard Funds"). The Scoreboard Funds shall be paid to the City as follows: Year One $10,000 Year Two $10,000 Year Three $ 5,000 Year Four $ 5,000 Year Five $ 5,000 Throughout the Term, the Pepsi logo shall be prominently displayed on each scoreboard located at the Premises, as set forth in Section III.A.(1)(b)herein. B. Commission. PBG shall pay City commissions on cash collected (less sales taxes and recycling fees) ("Commissions") from all sales of Products through Vending Machines located on the Premises pursuant to this Agreement during the Term as follows: Ten percent(10%) Commissions on 12 oz. Vending Machines Thirty percent(30%) Commissions on 20 oz. Vending Machines The Commission shall be calculated on a periodic basis (every four weeks) and shall be paid within thirty (30) days from the end of the period in which the calculation is made. C. Growth Incentive Funds. Each Year throughout the Term, PBG will offer the City Growth Incentive Funds. If, and to the extent that, the number of Cases purchased by the City in any Year exceeds the number of Cases set forth below for that Year, PBG will pay the City $0.50 per Case on such eligible incremental Cases. Year Growth Case Hurdle One 252 Two 265 Three 280 Four 294 Five 310 Six 326 Seven 343 Eight 361 Nine 380 Ten 400 5 D. Proceeds from Panel Advertising, Throughout the Term, the City shall have the right to solicit sponsors for advertising panels on the Scoreboards on available space which has not been committed to PBG pursuant to this Agreement, provided that no such sponsor is a competitor of PBG. PBG and its scoreboard supplier agree to provide contacts to the City for potential sponsors. VI. ADDITIONAL CONSIDERATION. A. Product Donation. PBG will provide annual Product donations of up to a total of 100 cases per Agreement Year, 40 cases of 12 oz. cans and 60 cases of 20 oz. bottled water VII. PRICING. A. Vend Prices. Vending Prices and Products will be determined by PBG. The initial vend prices shall be $0.65 for 12 oz. cans and$1.00 for 20 oz. bottles. B. Product Pricing. Current Product prices are set forth in Exhibit A attached hereto. Such prices are subject to change in accordance with nationally and/or locally recognized increases. VIII. EQUIPMENT AND SERVICE. A. Beverage Dispensing and Other Equipment. Notwithstanding anything contained herein to the contrary, PBG shall, at its sole cost and expense, provide and install all vending or other cold drink dispensing equipment (the "Equipment") within the Premises for the dispensing of Product during the Term. Throughout the Term, the City agrees allow PBG to place a minimum of six (6) 20 oz. vending machines and three (3) visa coolers on the Premises. Title to all Equipment shall be with PBG or its affiliates. Special event equipment such as trailers, head and chest units, coolers and super services will be provided to the City upon request, subject to availability. B. Service to Equipment. PBG or its designated agents shall be responsible for maintaining, repairing and replacing the Equipment and any costs associated therewith. PBG shall provide the City with a telephone number to request emergency repairs and receive technical assistance related to the Equipment. PBG shall respond to each request and use reasonable efforts to remedy the related Equipment problem within 24 hours of notification. 6 IX. INDEMNIFICATION. A. PBG will indemnify and hold the City harmless from any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable attorneys' fees) arising out of: (i) its breach of any term or condition of this Agreement; (ii) product liability suits resulting from the use or consumption of PBG's products; (iii) any lawsuits or claims relating to the Equipment which are not reasonably attributable to the acts or omissions of the City, its agents or employees; and/or (iv) the negligence or willful misconduct of PBG. B. City will indemnify and hold PBG, its subsidiaries, affiliates or assigns harmless from and against any and all suits, actions, claims, demands, losses, costs, damages, liabilities, fines, expenses and penalties (including reasonable attorneys' fees) arising out of : (i) its breach of any term or condition of this Agreement; and/or(ii)the negligence or willful misconduct of City. X. TERMINATION. A. Either party may terminate this Agreement for cause, which shall include, without limitation, a material breach of this Agreement; provided, however, that the terminating party has given the other party written notice of the breach or other cause and the other party failed to remedy or cure the breach or other cause within thirty (30) days of such notice. B. If PBG terminates this Agreement for cause, then in addition to any other remedies to which PBG may be entitled, the City shall immediately reimburse to PBG any unearned portion of the Scoreboard Funds. The amount of such reimbursement shall be determined by multiplying the total amount of Scoreboard Funds paid to the City at the time of such termination by a fraction, the numerator of which is the number of months remaining in the Term at the time of such termination and the denominator of which is 120. XI. NOTICES. Any notices or other communication hereunder shall be in writing, shall be sent via registered or certified mail, and shall be deemed given when received. If to PBG: The Pepsi Bottling Group Attention: Market Unit General Manager 4532 Highway 67 Mesquite, TX 75150 If to City: City of Wylie Office of Parks and Recreation Department Attention: 2000 Highway 78 North Wylie, Texas 75098 7 XII. RELATIONSHIP OF PARTIES. A. The parties are acting herein as independent contractors and independent employers. Nothing herein shall create or be construed as creating a partnership, joint venture or agency relationship between any of the parties and no party shall have the authority to bind the other in any respect The sole relationship of the parties hereto created by this Agreement is that of licensor and licensee. B. No goods or equipment shall be purchased in the name of the City by PBG or any person employed by or conducting business with PBG nor shall any goods or equipment be purchased by the City in the name of PBG. No debts, liabilities, obligations or contracts of whatever kind made or incurred by either of the parties hereto or any person employed by or conducting business with said party shall be in the name or upon the credit of the other party, and the other party shall not be liable or responsible therefor. XIII. REPRESENTATIONS AND WARRANTIES. Each of the parties to this Agreement represent and warrant that it has the full right, power and authority to enter into, and perform its obligations under, this Agreement and that the terms and conditions of this Agreement shall not violate, interfere with or infringe upon the rights of any third parties pursuant to written agreement or otherwise. Each party further represents that it has obtained all of the necessary approvals and has complied with all laws, ordinances, codes, rules and regulations relating to its entering into this Agreement and its performance hereunder. XIV. CONFIDENTIALITY Except as may otherwise be required by law or legal process, neither party hereto shall disclose to any third party the terms and conditions of this Agreement or any information respecting sales or revenue of the Equipment during the Term of thereafter. This obligation shall survive termination of this Agreement. XV. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue shall be in Collin County, Texas. XVI. ENTIRE AGREEMENT. A. This document is intended by the parties as the final and binding expression of their agreement and is a complete and exclusive statement of the terms thereof and supersedes all prior negotiations, representations, and agreements and no representations, understandings, or agreements have been made or relied upon in the making of this Agreement other than those specifically set forth herein. 8 B. No modification or waiver of any of the terms and conditions of this Agreement shall be effective unless such modification or waiver is expressed in writing and signed by each of the parties. This Agreement may be amended only in writing signed by each of the parties. No course of prior dealings between the parties and no use of trade shall be relevant or admissible to supplement, explain or vary the terms of this Agreement, whether the same be consistent with the terms of this Agreement or otherwise. XVII. ASSIGNMENT; BINDING NATURE; MULTIPLE ORIGINALS. To the extent permitted by law, this Agreement shall be binding upon and inure to the benefit of PBG and the City and their respective successors and permitted assigns. Neither party may subcontract or assign its rights or obligations under this Agreement to any other entity or person without the express written consent of the other, which consent may be withheld at its sole discretion. Notwithstanding the foregoing, PBG shall be entitled to assign its rights and obligations under this Agreement pursuant to the sale of substantially all of its assets. No waiver by any party of any default or non-performance shall be deemed a waiver of any subsequent default or non-performance. XVIII. SAVING CLAUSE. If any provision of this Agreement shall be deemed or declared unenforceable, invalid or void, the same shall not impair any of the other provisions contained herein which shall continue to be enforceable in accordance with their respective terms, except that this clause shall not deprive any party of any remedy afforded under this Agreement. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed as of the date first above written. BOTTLING GROUP, LLC, doing CITY OF WYLIE, TEXAS business as THE PEPSI BOTTLING GROUP By: By: Name: Name: Title: Title: Date: Date: 9 Exhibit A PRODUCT PRICING 12 oz. Carbonated Soft Drinks $ 7.20 per case 20 oz. Carbonated Soft Drinks $13.50 per case 20 oz. Isotonics $13.50 per case 20 oz. Bottled Water $13.50 per case Pre-Mix $14.00 per tank WVIieTX 10 WYLIE CITY COUNCIL AGENDA ITEM NO. 3 . June 26, 2001 Issue Hold the second of two Public Hearings for the Annexation of 60.026 acre tract of land out of the Allen Atterbury Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979 and located east of F.M. 544 and South of Stone Road. Background A request for voluntary annexation has been submitted by the owner of the above referenced property, George S. and Nancy Richards. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings June 13, 2001 First Public Hearing June 25, 2001 Second Public Hearing June 26, 2001 Adoption of Ordinance July 24, 2001 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan r mi5e,,,,_ Prepar by Revi by Finance City Man er Approval CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 60.026 acres SURVEY, ABSTRACT & COUNTY: Allen Atterbury Survey, Abstract 23 and the Allen West Survey Abstract 979, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(42) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(42) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. , June 26, 2001 Issue Hold the second of two Public Hearings for the Annexation of 63.5 acres of land and being part of the Francisco De La Pena Survey, Abstract 688, and located at the northeast corner of Brown Road and Stone Road and west of Bennett Road. Background A request for voluntary annexation has been submitted by the owner of the above referenced property, Jack M. Little. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings June 13, 2001 First Public Hearing June 25, 2001 Second Public Hearing June 26, 2001 Adoption of Ordinance July 24, 2001 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan r , 4._._ Prepare by Review y Finance City Mana r Approval CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 63.5000 acres SURVEY, ABSTRACT & COUNTY: F. De La Pina Survey, Abstract 688, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(42) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(42) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. 5. June 26, 2001 Issue Hold the second of two Public Hearings for the Annexation of 30.856 acre tract of land out of the D.W. Williams Survey, Abstract No. 980 and located east of S. Ballard and north of Elm Street. Background A request for voluntary annexation has been submitted by the owner of the above referenced property, Steve Parsons. Should the City Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established by the City Council. The procedure for establishing the permanent zoning on annexed territory shall conform to the procedures established by law for the adoption of zoning regulations. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearing at which persons interested in the annexation are given the opportunity to be heard. In compliance with state law, staff has prepared the following public hearing schedule: Notice published for Public Hearings June 13, 2001 First Public Hearing June 25, 2001 Second Public Hearing June 26, 2001 Adoption of Ordinance July 24, 2001 Financial Consideration The current property tax rate for the City of Wylie is .725 per $100 of valuation. Other Considerations Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. The City will also be required when the annexation is considered to comply with the Local Government Code for the provision of services, (please see attached Service Plan). This annexation is being conducted in compliance with Sections 43.063 of the Local Government Code. Board/Commission Recommendations N/A Staff Recommendations Approval Attachments Area Map Service Plan Prepared by Reviewe y F nance City Mana Approval CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: DATE OF ANNEXATION ORDINANCE: ACREAGE ANNEXED: 30.856 acres SURVEY, ABSTRACT & COUNTY: D.W. Williams Survey, Abstract 980, Collin County Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas (the "City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty (60) days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty (60) days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City, upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed with four and one-half(42) years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60) days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and substantially completed within four and one-half(42) years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty (60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten (10) years from the effective date of this Ordinance. WYLIE CITY COUNCIL AGENDA ITEM NO. lD June 26, 2001 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 2A Addition, including a waiver of alleys, being all of a certain 70.383 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22, the M. Phelan, Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Background The Final Plat of the Birmingham Farms Phase 2A Addition includes 70.383 acres and will create 226 single-family residential lots. The Plat will also create two public parks totaling approximately 5 acres, as well as parts of the Sanden Boulevard, Westgate Way and Ann Drive collector streets. The property is zoned Single Family-3 Residential (SF-3), requiring a minimum lot size of 7,200 square feet. A majority of the lots exceed the minimum required size. On June 15, 1999, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property, then identified as Phase 2 of the Birmingham Farms Addition, following the City stars recommendation of denial. Staff and Commission expressed concern for traffic congestion, open drainage and park land dedication. However, the City Council approved the Preliminary Plat on July 13, 1999, as Phase 2 of the Birmingham Farms Addition. That earlier- approved Preliminary Plat totaled approximately 78.8 acres and included an additional 64 Two-Family (2F) Residential lots on 23.7 acres as well as 219 Single-Family-3 (SF-3) lots on 55.1 acres. The Final Plat under current consideration is the SF-3 portion of the approved Preliminary Plat, and the 2F portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 2B Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. Section 212.005 of the Texas Local Government Code requires that "the municipal authority responsible for approving plats must approve a plat that satisfies all municipal regulations." Section 212.009 states that "the municipal authority responsible for approving a plat shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period." Financial Considerations Plat application fees— paid The applicant is aware that development impact fees must be paid before the Final Plat can be filed with Collin County. Other Considerations The Final Plat substantially conforms to the approved Preliminary Plat, including the lack of alleys. However, as submitted without alleys, the Final Plat does not comply with the Subdivision Regulations and Paving Standards of the City of Wylie. The applicant has requested a waiver of the alley requirement, and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that alleys are not necessary because the major functions of alleys (public and private utilities, drainage and service vehicular access/egress) are adequately accommodated by other means. The following concerns expressed by the Planning and Zoning Commission during their June 1999 review of the earlier submittal have been addressed in some way, although each is subjective and remains open to discussion. Traffic congestion will be relieved by construction by this and/or adjacent subdivisions of the collector streets Sanden Boulevard, Westgate Way and Ann Drive. To accomplish this traffic collector system, the coordinated phasing of construction of the several subdivisions will be critical. All houses will have front-accessed garages. Open drainage has been approved by the City Engineer, and is currently under review by the City and U.S. Corps of Engineers. Maintenance of the open drainage will be the full responsibility of the Homeowners Association or the Corps, and will not involve the City. Public park dedication has been approved by the Parks Board. Although the electric transmission lines and open drainage occupy portions of the dedicated park land and limit their use for recreation, the 5-acre park dedication is sufficiently greater than the required 3.4 dedication. Board/Commission Recommendations On June 5, 2001, the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 2A because it lacked the required alleys, and did not adequately address concerns of open drainage and traffic access and circulation. An initial motion to approve with some alleys as proposed by the applicant died for lack of a second. Staff Recommendations Approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Department's of Development Services, Public Works and Fire concur with this recommendation. Attachments Applicant's letter requesting waiver of alleys Applicant's letter demonstrating the justification for a waiver of alleys Final Plat Prepared by Revie by Finance City Ma ger Approval Sent by: Jet=a'( m5 9214544404:i; 0S/09/01 8:04.0,U;-/et{ax a5SO;Pa.ye 2%2 R oc91v04: 6/ e, 1 s: 2o Ptit, +214 45, 1393 % JetFax U5; PaO9 2 „1'.408-2031 C5:241 Frol-WOISTEAD S_C1EST i t1IMICK/I +2;4-745-`.333 T-'33 P 002/002 F-002 V7INSTEAD May 8, 2001 4-l:tcct dal_2t4.745 5745 asa c-rtonvwieure4.to;n ViA FAX 214;544-4040 Richard Abernathy, Esq. Abe n thy, Roeder, Boyd it<Joplin 1700 R.edbud Blvd. Suite 300 Mc1Ciriney,TX 75070-1210 Re: Centex 1-1omes/Birmingham Farm; Dear Richart4 Our client is fling final plot applicacio:u roday for the land it h=s purchased in fiirmingham Farms. It is my undersrutdir.g the anal plat applications subseuitisily conform to the approved preliminary plats Ic is our position chat nu alley variance is requirtd at this time because the Council has approved the preliminary plats without alleys Furtherrnoce, my review of the Subdivision Ordinance does not indicate an absolute rtquirement to design and construct alleys in the-se subdivisions. 1f the Ciry's posisiao is char the failure to show alleys on the fa21 plat applications requires a variance request, then please accept this kccer us such a request(which is made without waiving any of out clients' legal rights in this rratter). If you have any questions or need additional information,please let me know. Siacerely% Arch:.0 J. Anderson AJAlplg cc. Don V('estfall (via fax 972;417.0448) Rob Romo(via fax 972/417-0422) PALLAS_1.Y+?7t1r7•,1 Ov03.r.. 1•-0301-77 u V r W�.�itnllSlCr,kiCt 1!\un I O.1f.., fYu.rn SAC, CENn1i5nVC«TOWER P 214 741 Sa •1�,r,� f a-,,,b 1 t1 et. �rR1,Er PAts SS"i0 M�:,�.)•••/(-""„rl.., 17),1.1-n .Tr;tn Ti27u Wntv:'rE,4OGG14 An;./u..w..!(..,p....,,.,. 241.44.1,C/u JO, - 14 0i ITH,.I 11 y LE.\TE\ HOMES TEL ,-2 41 - 0422 P 01-i2 CENTEX HOMES Dallas / Fort Worth Region June 13, 2001 City of Wylie —Planning Dept. 2000 Highway 78 North Wylie, Texas 75098 Attn: Claude Thompson Project: Birmingham Farms, Phase 2A, 2B, 3A, 313 Re: Addition of Alleys Dear Mr. Thompson: On June 5``', 2001, the City of Wylie Planning & Zoning Commission recommended tabling the Final flats for the four phases of Birmingham Farms mentioned above in order for Staff and Centex to meet to discuss the addition of alleys into the proposed plats. Centex Homes stands by the position that alleys are not required per the approved preliminary plats from June 1999. However, Centex Homes has worked with the City of Wylie in the past, and wanted to continue our positive working relationship. Centex facilitated a meeting with staff on June 8", 2001 in order to establish areas that alleys could be added without losing lots. Per our meeting last Friday it was determined in our work session that there were six locations that alleys physically could be added without loss of lots. There were two tiers of lots (Blocks S & T) within Phase 2B lots that were determined that an alley could be added without forcing the lots to be substandard to the underlying zoning regulations. The addition of alleys in blocks S & T could be facilitated without losing lots, however it would force the product to approximately 45' wide by 55' deep. The duplex product needs at least 60' — 65' deep in order for the duplex product to be built. Therefore, Centex is not willing to compromise the integrity of its product to facilitate alleys. There were two locations within phase 2A that the addition of alleys could be accomplished without losing lots. Block Q will facilitate an alley as shown and would not compromise the product the Centex is proposing on these lots. The second area would be in Block P. By moving Ann Drive to the South approximately 10', an alley may be placed in Block P without losing lots or compromising the product size proposed for this development. Within Phase 3A an alley may be placed around Roanoke Court without losing lots and compromising product size as shown. The final location the alleys may be accommodated would be around Fayette Court. There would be no lots lost; however some product would be limited to 52' of depth with this proposal. Centex Homes has made it clear our legal position that would state that alleys are not required per the approved preliminary plat. Centex Homes believes that it has clearly been shown that there are very few areas in which alleys could be placed without losing lots or requiring a product that Centex does not build. Centex Homes would contend, and it is thought tat staff agrees, that the addition of alleys for these minor areas is not necessary due to the fact that Centex will still construct front entry homes. Staff has 2800 Surveyor Boulervard, Carrollton, Texas 75006 Phone 972-417-3562 Fax 972-417-0422 RN - la 011THLi 11 59 CENTEX HOMES TEL 9'2 417 0422 P 003 mentioned that ;he alleys create more maintenance for the City, and it would be an administrative pioblom trying to track the maintenance and garbage pick-up schedules for a few alleys within the subdivision. Centex is prepared to present the findings of our meeting with Stfff at the upcoming Planning & Zoning meeting and would gladly answer any questions at that time. Centex Homes appreciates the meetings with the City Staff and hopes that these plats will be offered for approval at the Tune 19`1' Planning & Zoning meeting and subsequent City Council meeting. Sincerely, Bret Pedigo, ,E,. Director-Land Engineer Centex Homes- DFW Region CC: Biff Johnson, Chris Holstead, Mindy Manson, Rob Romo, and Don Westfall WYLIE CITY COUNCIL AGENDA ITEM NO. I • June 26, 2001 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 2B Addition, including a waiver of alleys, being all of a certain 22.973 acre tract of land situated in the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being a portion of Tract 2A as described in the deed to Centex Homes as recorded in the County Clerk's File No. 2001-0042153 of the Deed Records of Collin County, Texas, and being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas Background The Final Plat of the Birmingham Farms Phase 2B Addition includes 22.973 acres and will create 65 two-family residential (duplex) lots. The property is zoned Two-Family Residential (2F), requiring a minimum lot size of 8,500 square feet. All of the proposed lots significantly exceed the minimum required size. At their June 15, 1999 meeting, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property, then identified as Phase 2 of the Birmingham Farms Addition, following the City staffs recommendation of denial. Staff and Commission expressed concern for traffic congestion, open drainage and park land dedication. However, the City Council approved the Preliminary Plat on July 13, 1999, as Phase 2 of the Birmingham Farms Addition. That earlier-approved Preliminary Plat totaled approximately 78.8 acres and included an additional 219 Single-Family-3 (SF-3) lots on 55.1 acres as well as 64 Two-Family (2F) Residential lots on 23.7 acres. The Final Plat under current consideration is the 2F portion of the approved Preliminary Plat, and the SF-3 portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 2A Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. Section 212.005 of the Texas Local Government Code requires that "the municipal authority responsible for approving plats must approve a plat that satisfies all municipal regulations." Section 212.009 states that "the municipal authority responsible for approving a plat shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period." Financial Considerations Plat application fees—paid The applicant is aware that development impact fees must be paid before the Final Plat can be filed with Collin County. Other Considerations • The Final Plat substantially conforms to the approved Preliminary Plat, including the lack of alleys. However, as submitted without alleys, the Final Plat does not comply with the Subdivision Regulations and Paving Standards of the City of Wylie. The applicant has requested a waiver of the alley requirement, and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that alleys are not necessary because the major functions of alleys (public and private utilities, drainage and service vehicular access/egress) are adequately accommodated by other means. • The concerns expressed by the Planning and Zoning Commission during their June 1999 review of the earlier submittal apply more to the single-family portion of the Preliminary Plat(separated to create the Plat for Phase 2A of Birmingham Farms which is also on the current agenda for consideration) rather than to the two-family portion currently under consideration, although each of those concerns is somewhat subjective and remains open to discussion. • As currently proposed separated for the larger portion of Phase 2 of Birmingham Farms, the proposed addition has no direct access onto either an existing or proposed street and therefore is not accessible. Collector streets are provided with construction of adjacent subdivisions, but are dedicated by this Plat as access easements should this Phase be developed first. To accomplish this street connection and access, the coordinated phasing of construction of the several subdivisions will be critical. Board/Commission Recommendations On June 5, 2001, the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 2B, because it failed to provide the required alleys. Staff Recommendations Approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Department's of Development Services, Public Works and Fire concur with this recommendation. Attachments Applicant's letter requesting waiver of alleys Applicant's letter demonstrating the justification for a waiver of alleys Final Plat Xitit41&-JLITtr`e"---' tiND arv__ Prepared by Revie y Finance City Mana r Approval Sent by: JetFax MS 9214544.4040; 05/09/0t e::::<dta;Jetirax #SS3;Fa;_ 2!2 Roco]ved: Si a/ 1 s: 20PL1. +214 746 63,40 .% Jetcax US; Pf.Q9 2 �!ay-72-20J1 C5:2191 From-'WINSTEAD S_CHF£ST i 41NICX/I +2;4-745-S310 T-'30 P 002/012 F-002 WINSTEAD May 8, 2001 d:rtcc dal 214.745 5745 asnde-rsoc wias:r.4.eom VIA EAX 214/544-4040 Richard Abernathy, Esq. Abernathy, Roeder, Boyd es:Joplin 1700 Redbud Blvd. Suite 300 McKinney,TX 75070.1210 I. �G Z f j elrrvn w4Vl 7t/t r� �^ h Rr: Centex Homes/Birmcnghana Farms Dear Richard Our client is filing Final plat applications roday for the land it h-s purchased in fiirmingharn Farms. It is my undersr.nding the Final plat applications substantially conform to the approved preliminary plats lc is our position char nu alley variance is required at this time because the Council has apt ren•ed the preliminary plats without alleys Furthermore, my review of the Subdivision Ordinance dots not indicate an absolute requirement to design and construct alleys in thes; subdivisions. If the Ciry's position is that the failure to show alleys an the final plat applications requires a variance r:quesc, then please accept this letter as such a request (which is tnaile without waiving any dour clients' legal ngha in this matter). if you have:Loy questions or need additional information, please Itt me 6•:nonr. Sicccrely, Arthur J. Anderson AJArp1, cc. Don X'estfnli (via fax 972/417.0448) Rob Remo(via fax 97 2141 7-042 2) PALL AS_IZiVre .1 05:03,-401•'!0201-77 VG'L�],';n11 SAC., 6.ENA1S]nNC2 TOW.ER P11 214 74S S+�C { !( t1 ram..1.•„� f..: W." PAN 1c "AS 55',0 Art.,].).r•JC�r„tl... teul e��a�Cxt,ET �1t13Tg A CCad Anyt,......t riN/•.w. Cs+y TtXn] 7i2 1v JC\. - 14 01 ITHi.1 1158 CE\TE\ HVPS TES -2 I - !,4_'_ r 062 CENTEX HOMES Dallas / Fort Worth Region June 13, 2001 City of Wylie —1?lanning Dept. 2000 Highway 78 North Wylie, Texas 75098 Attn: Claude Thompson Project: Birmingham Farms, Phase 2A, 213, 3A, 313 Re: Addition of Alleys Dear Mr. Thompson: On June 511', 2001, the City of Wylie Planning & Zoning Commission recommended tabling the Final Plats for the four phases of Birmingham Farms mentioned above in order for Staff and Centex to meet to discuss the addition of alleys into the proposed plats. Centex Homes stands by the position that alleys are not required per the approved preliminary plats from June 1999. However, Centex Homes has worked with the City of Wylie in the past, and wanted to continue our positive working relationship. Centex facilitated a meeting with staff on June 8'°, 2001 in order to establish areas that alleys could be added without losing lots. Per our meeting last Friday it was determined in our work session that there were six locations that alleys physically could be added without loss of lots. There were two tiers of lots (Blocks S & T) within Phase 213 lots that were determined that an alley could be added without forcing the lots to be substandard to the underlying zoning regulations. The addition of alleys in blocks S & T could be facilitated without losing lots, however it would force the product to approximately 415' wide by 55' deep. The duplex product needs at least 60' — 65' deep in order for the duplex product to be built. Therefore, Centex is not willing to compromise the integrity of its product to facilitate alleys. There were two locations within phase 2A that the addition of alleys could be accomplished without losing lots. Block Q will facilitate an alley as shown and would not compromise the product the Centex is proposing on these lots. The second area would be in Block P. By moving Ann Drive to the South approximately 10', an alley may be placed in Block P without losing lots or compromising .he product size proposed for this development. Within Phase 3A an alley may be placed around Roanoke Court without losing lots and compromising product size as shown. The final location the alleys may he accommodated would be around Fayette Court. There would be no lots lost; however some product would be limited to 52' of depth with this proposal. Centex Homes has made it clear our legal position that would state that alleys are not required per the approved preliminary plat. Centex Homes believes that it has clearly been shown that there are very few areas in which alleys could be placed without losing lots or requiring a product that Centex does not build. Centex Homes would contend, and it is thought teat staff agrees, that the addition of alleys for these minor areas is not necessary due to the fact that Centex will still construct front entry homes. Staff has 2800 Surveyor Boulevard, Carrollton, Texas 75006 Phone 972-417-3562 Fax 972-417-0422 dL\ -14 OlITHLI 11 59 CENTEX HO)IES TEL 9-2 41 - 0422 P. 003 mentioned that the alleys create more maintenance for the City, and it would be an administrative pioblom trying to track the maintenance and garbage pick-up schedules for a few alleys within the subdivision. Centex is prepared to present the findings of our meeting with Staff at the upcoming Planning& Zoning meeting and would gladly answer any questions at that time. Centex Homes appreciates the meetings with the City Staff and hopes that these plats will be offered for approval at the June 19`'' Planning & Zoning meeting and subsequent City Council meeting. Sincerely, "Xa.— 4fe. Bret Pedigo, .E. Director-Land Engineer Centex Homes- DFW Region CC: Biff Johnson, Chris Holstead,Mindy Manson, Rob Romo, and Don Westfall WYLIE CITY COUNCIL AGENDA ITEM NO. g. June 26, 2001 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 3A Addition, including a waiver of alleys, being all of a certain 62.885 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Background The Final Plat of the Birmingham Farms Phase 3A Addition includes 62.885 acres and will create 174 single-family residential lots. The Plat will also create a 5.3-acra public park, as well as part of the Park Boulevard collector street. The majority of the property is zoned Single Family-2 Residential (SF-2), requiring a minimum lot size of 8,500 square feet. The eastern portion of the property is zoned Single-Family-1 Residential (SF-1), requiring a minimum lot size of 10,000 square feet. At their June 15, 1999 meeting, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property, then identified as Phase 3 of the Birmingham Farms Addition, following the City staffs recommendation of denial. Staff and Commission expressed concern for limited ingress/egress and floodplain coverage of lots. However, the City Council approved the Preliminary Plat on July 13, 1999, as Phase 3 of the Birmingham Farms Addition. That earlier approved Preliminary Plat totaled approximately 116.4 acres and included 303 Single- Family - 2 (SF-2) Residential lots and 54 Single-Family-1 (SF-1) as well as 5.3 acres of public park land. The Final Plat under current consideration is the a portion of the approved Preliminary Plat, and the remaining portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 3B Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. Section 212.005 of the Texas Local Government Code requires that "the municipal authority responsible for approving plats must approve a plat that satisfies all municipal regulations." Section 212.009 states that "the municipal authority responsible for approving a plat shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period." Financial Considerations Plat application fees—paid The applicant is aware that development impact fees must be paid before the Final Plat can be filed with Collin County. Other Considerations • The Final Plat generally conforms to the approved Preliminary Plat, including the lack of alleys. However, as submitted without alleys, the Final Plat does not comply with the Subdivision Regulations and Paving Standards of the City of Wylie. The applicant has requested a waiver of the alley requirement, and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that alleys are not necessary because the major functions of alleys (public and private utilities, drainage and service vehicular access/egress) are adequately accommodated by other means. • The addition provides the required two points of ingress/egress (the major collector Park Boulevard and the minor neighborhood Talladega Drive) for emergency vehicles and its 174 residences as well as the additional 149 lots proposed within Phase 3B of the Birmingham Farms Addition which is also on the current agenda for consideration. Coordinated phasing is critical for the westward extension of Park Boulevard and Talladega Drive to intersect with Country Club Road and provide the required points of access. • The undevelopable 100-year floodplain currently occupies much of the eastern portion of the subject property, including several of the proposed residential lots. The applicant intends to remove the floodplain from a portion of these lots, and that plan is currently under review by the City and U.S. Corps of Engineers. Maintenance of the open drainage will be the full responsibility of the Homeowners Association or the Corps, and will not involve the City. Board/Commission Recommendations On June 5, 2001, the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 3A. An initial motion to recommend approval with the addition of some alleys as proposed by the applicant died for lack of a second. Staff Recommendations Approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Department's of Development Services, Public Works and Fire concur with this recommendation. Attachments Applicant's letter requesting waiver of alleys Applicant's letter demonstrating the justification for a waiver of alleys Final Plat • / /s./ • , -- - Prepared by Revie 41 by Finance City ager Approval Se^,t by: Jetsax M5 92145444040; 05/09!01 8:34ala;Jt x #550;Pe.y_ 2!2 ROcolved: Si 9/ \ 5:20PM. -214 745 5390 JotF4x 145; PGaS 2 �'.dr48-201I C5:2491 Frog-'dihSTEAJ SECHFEST i 11IMICX/I 4.2i4-745-E320 T '3] P OC2/002 F-002 \MNSTEAD May 8, 2001 alrrtc dal,214.745 5745 a.lr, trsonawins:> .coin VIA FAX 214t544-4040 Richard Abernathy,Esq. Abernathy, Roeder, Boyd do Joplin 1700 R.edbud Blvd. Suite 300 McKinney,TX 75070-1210 h 1jl„ 7 '?)� Re: Centex Homes/B;mmng ias>p armsF ` + ` Dear Rich:crcl Our client ii filing Find plot appticariorit today far chc land it h-s purchased 1n Isirmingham Parais. It is my undersrrnding chr final plat applications substantially conform to the approved preliminary plus lc is our position char nu alley variance is required at this time because the Council his approved chc preliminary plats without alleys Furthermore, my review of the Sabdivision Ordinance does not indicate an a5solute requirement to design and construct alleys in chest Subdivisions. If the Ciry's position is that the failure co show alkys en the final plat applications requires a variance request, then please accept this letter as such a request (which is mule v irhnut waiving any of our clients' kgsl rights in this matter). if you have any questions or need additional information, please let me know• Sincerely, Arthur J. Anderson AJA/plp cc. Don V4'estfall (via fax 972/417-0448) Rab Ramo(via fax 9721417-0422) PALL AS_0I17C37',1 bSrO3ria, •2C103-27 SAC , CE\nlS)nN(.0 TOw.B. Pit 214 74S SaJC Wt�]i;.WNC1•1kicT►►1JX.�^1 r •1�.r,n f..�1 y,..2 :�1 CtV DA1tET PAN "AS SS 1iC ''/O Atr.,b.J.w/C.•rurl.., A n,.o,....�t CO M.i,.,Cs Dn:Lni.'r't;cn� 7i27� W1hSTFAC)CC,.M / `""'"�' • JL\ - I4 011Tr,.l 11 5y l;E\TE\ i;:%1ES TEL 1-2 41 - 0422 F. 002 CENTEX HOMES Dallas / Fort Worth Region June 13, 2001 City of Wylie—Planning Dept. 2000 Highway 78 North Wylie, Texas 75098 Attn: Claude Thompson Project: Birmingham Farms, Phase 2A, 213, 3A, 3B Re: Addition of Alleys Dear Mr. Thompson: On June 511', 2001, the City of Wylie Planning & Zoning Commission recommended tabling the Final Plats for the four phases of Birmingham Farms mentioned above in order for Staff and Centex to meet to discuss the addition of alleys into the proposed plats. Centex Homes stands by the position that alleys are not required per the approved preliminary plats from June 1999, However, Centex Homes has worked with the City of Wylie in the past, and wanted to continue our positive working relationship. Centex facilitated a meeting with staff on June 8'' 2001 in order to establish areas that alleys could be added without losing lots. Per our meeting last Friday it was determined in our work session that there were six locations that alleys physically could be added without loss of lots. There were two tiers of lots (Blocks S & T) within Phase 2B lots that were deter mined that an alley could be added without forcing the lots to be substandard to the underlying zoning regulations. The addition of alleys in blocks S & T could be facilitated without losing lots, however it would force the product to approximately 45' wide by 55' deep. The duplex product needs at least 60' — 65' deep in order for the duplex product to be built. Therefore, Centex is not willing to compromise the integrity of its product to facilitate alleys. There were two locations within phase 2A that the addition of alleys could be accomplished without losing lots. Block Q will facilitate an alley as shown and would not compromise the product the Centex is proposing on these lots. The second area would be in Block P. By moving Ann Drive to the South approximately 10', an alley may be placed in Block P without losing lots or compromising the product size proposed for this development. Within Phase 3A an alley may be placed around Roanoke Court without losing lots and compromising product size as shown. The final location the alleys may he accommodated would be around Fayette Court. There would be no lots lost; however some product would be limited to 52' of depth with this proposal. Centex Homes has made it clear our legal position that would state that alleys are not required per the approved preliminary plat. Centex Homes believes that it has clearly been shown that there are very few areas in which alleys could be placed without losing lots or requiring a product that Centex does not build. Centex Homes would contend, and it is thought flat staff agrees, that the addition of alleys for these minor areas is not necessary due to the fact that Centex will still construct front entry homes. Staff has 2800 Surveyor Boulevard, Carrollton, Texas 75006 Phone 972-417-3562 Fax 972-417-0422 JC\ -14 01 (THLI II 59 CEXTEX HOES TEL 9-2 417 0422 P. 003 mentioned that :he alleys create more maintenance for the City, and it would be an administrative problem trying to track the maintenance and garbage pick-up schedules for a few alleys within the subdivision. Centex is prepared to present the findings of our meeting with StE.ff at the upcoming Planning & Zoning meeting and would gladly answer any questions at that time. Centex Homes appreciates the meetings with the City Staff and hopes that these plats will be offered for approval at the June 19`'' Planning & Zoning meeting and subsequent City Council meeting. Sincerely, 4,rp. Bret Pedigo, .E.. Director-Land Engineer Centex Homes-.DFW Region CC: Biff Johnson, Chris Holstead,Mindy Manson, Rob Romo, and Don Westfall WYLIE CITY COUNCIL AGENDA ITEM NO. q, June 26, 2001 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 3B Addition, including a waiver of alleys, being all of a certain 45.182 acre tract of land situated in the C. Atterbury Survey, Abstract No. 22, and the C. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Background The Final Plat of the Birmingham Farms Phase 3B Addition includes 45.182 acres and will create 149 single family residential lots. The majority of the property is zoned Single Family-2 Residential (SF- 2), requiring a minimum lot size of 8,500 square feet. The eastern portion of the property is zoned Single Family-1 Residential (SF-1), requiring a minimum lot size of 10,000 square feet. At their June 15, 1999 meeting, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property, then identified as Phase 3 of the Birmingham Farms Addition, following the City staff's recommendation of denial. Staff and Commission expressed concern for limited ingress/egress and floodplain coverage of lots. However, the City Council approved the Preliminary Plat on July 13, 1999, as Phase 3 of the Birmingham Farms Addition. That earlier approved Preliminary Plat totaled approximately 116.4 acres and included 303 Single Family - 2 (SF-2) Residential lots and 54 Single Family-1 (SF-1) as well as 5.3 acres of public park land. The Final Plat under current consideration is the a portion of the approved Preliminary Plat, and the remaining portion of the Preliminary Plat is represented by the proposed Birmingham Farms Phase 3A Final Plat which is also on the current agenda for the Council's consideration. The Preliminary Plat approved in 1999 did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. Section 212.005 of the Texas Local Government Code requires that "the municipal authority responsible for approving plats must approve a plat that satisfies all municipal regulations." Section 212.009 states that "the municipal authority responsible for approving a plat shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period." Financial Considerations Plat application fees—paid The applicant is aware that development impact fees must be paid before the Final Plat can be filed with Collin County. Other Considerations • The Final Plat generally conforms to the approved Preliminary Plat, including the lack of alleys. However, as submitted without alleys, the Final Plat does not comply with the Subdivision Regulations and Paving Standards of the City of Wylie. The applicant has requested a waiver of the alley requirement, and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that alleys are not necessary because the major functions of alleys (public and private utilities, drainage and service vehicular access/egress) are adequately accommodated by other means. • As currently proposed separated from the larger portion of Phase 3 of Birmingham Farms, the addition provides no point of ingress to or egress from either an existing or proposed street and therefore is not accessible. Access streets (Park Boulevard and Talladega Drive) are to be provided with construction of adjacent subdivisions. To accomplish this street connection and access, the coordinated phasing of construction of the several subdivisions will be critical. • The undevelopable 100-year floodplain currently occupies much of the eastern portion of the subject property, including several of the proposed residential lots. The applicant intends to remove the floodplain from a portion of these lots, and that plan is currently under review by the City and U.S. Corps of Engineers. Maintenance of the open drainage will be the full responsibility of the Homeowners Association or the Corps, and will not involve the City. • As currently proposed separated from the larger portion of Phase 3 of Birmingham Farms, the proposed addition provides no public park land dedication. The extensive open space will be maintained by the Homeowners Association and accessible only to the residents of the addition. Board/Commission Recommendations On June 5, 2001, the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 3B. Staff Recommendations Approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Department's of Development Services, Public Works and Fire concur with this recommendation. Attachments Applicant's letter requesting waiver of alleys Applicant's letter demonstrating the justification for a waiver of alleys Final Plat 5/01/ Prepared by 'eviewily inance City Man er Approval S--t Cy: Jet:ax MS 9214 44 'c:); 05/09/3! e:C44'.1;letfax a55'C;F•a•y= R0001VOd: 5/ a/ 1 5:20PM. +214 745 „90 JotFnR 1.151 Pba4 2 , 4-a-2011 05:24pa From-'dilhSTEAD S£CMF£ST i IIiNICK/I ♦211 715-03;I0 T-'39 P 002/002 f-002 WINSTEAD May a, 2001 Linea dal:214.745 5745 asade-r:.nnawias:rid.CO:n VIA FAX 214/544-4040 Richard Abernathy, Esq. ACstmachy, Roeder, Boyd etc Joplin 1700 Aedbud Blvd. Suite 300 McKinney,TX 75070.1210 II -- z R lrrh►nr� /1?/</l &fAA(vvt,s ft � � 3b Re: Cencex Homes/Birmingham Farms Pea!Richxrc! Our client is filing final plat applications today for the land it hs.s purchased in FSi:mingham Facais. It is my understanding the final plat applications suhsrantislly conform to the approved preliminary plats It is our position chat nu alley variance is required at this time because the Council has apprcaved the preliminary plats without alleys. Furthermore, my review of the Subdivision Ordinance does not indicate an absolute requirement co design and construct alleys in these subdivisions If the Ciry's position is chat the failure to show alleys an the final plat applica.cions requires a variance request, then please accept this letter us such a request(which is trade without waiving any of our clients' legal rights in this matter). if you have any questions or need additional informstion, please let mt know. Sir ccrel�', Arthur J. Anderson AJAlplg cc. pan V'estfall (via fax 972/417.0448) ;., Rob Rom° (via fax 9721417-0422) PALl.AS_I\1`t7701A1 Ov0312-1-121•20201-77 t SAC,. RENnli>nNCii TOa'«R I Pit 114 741 34.0 Wt... ,';ADVO:;kiCI kil<4.1\ �r ,on Fwt d'-•,a i.u1 i•?a>fA SYi 1.ET PAN )14 741 O Att.b.).red C.Yre,rl... rn,,....�r 4., 4..,.. Dnan�,'r'Y:cA� 7i77u I WIh 0 3TF� CW n C r r>Q 1 �"'•,". JL\ - 14 UIITHLi 11 58 GENTE\ H()�ltS TEL ? 41 - (i422 F i)u2 CENTEX HOMES Dallas / Fort Worth Region June 13, 2001 City of Wylie —)Tanning Dept. 2000 Highway 78 North Wylie, Texas 75098 Attn: Claude Thompson Project: Birmingham Farms, Phase 2A, 2B, 3A, 3B Re: Addition of Alleys Dear Mr. Thompson: On June 5`1', 2001, the City of Wylie Planning & Zoning Commission recommended tabling the Final Plats for the four phases of Birmingham Farms mentioned above in order for Staff and Centex to meet to discuss the addition of alleys into the proposed plats. Centex Homes stands by the position that alleys are not required per the approved preliminary plats from June 1999. However, Centex Homes has worked with the City of Wylie in the past, and wanted to continue our positive working relationship. Centex facilitated a meeting with staff on June 8 , 2001 in order to establish areas that alleys could be added without losing lots. Per our meeting last Friday it was determined in our work session that there were six locations that alleys physically could be added without loss of lots. There were two tiers of lots (Blocks S & T) within Phase 2B lots that were determined that an alley could be added without forcing the lots to be substandard to the underlying zoning regulations. The addition of alleys in blocks S & T could be facilitated without losing lots, however it would force the product to approximately 415' wide by 55' deep. The duplex product needs at least 60' — 65' deep in order for the duplex product to be built. Therefore, Centex is not willing to compromise the integrity of its product to facilitate alleys. There were two locations within phase 2A that the addition of alleys could be accomplished without losing lots. Block Q will facilitate an alley as shown and would not compromise the product the Centex is proposing on tl_iese lots. The second area would be in Block P. By moving Ann Drive to the South approximately 10', an alley may be placed in Block P without losing lots or compromising the product size proposed for this development. Within Phase 3A an alley may be placed around Roanoke Court without losing lots and compromising product size as shown. The final location the alleys may he accommodated would be around Fayette Court. There would be no lots lost; however some product would be limited to 52' of depth with this proposal. Centex Homes has made it clear our legal position that would state that alleys are not required per the approved preliminary plat. Centex Homes believes that it has clearly been shown that there are very few areas in which alleys could be placed without losing lots or requiring a product that Centex does not build. Centex Homes would contend, and it is thought that staff agrees, that the addition of alleys for these minor areas is not necessary due to the fact that Centex will still construct front entry homes. Staff has 2800 Surveyor Boulevard, Carrollton, Texas 75006 Phone 972-417-3562 Fax 972-417-0422 • OL\ - 14 011THL) II 59 GENIE\ HUES TEL 9-2 41 - 0422 P. 000 mentioned that :he alleys create more maintenance for the City, and it would be an administrative pioblom trying to track the maintenance and garbage pick-up schedules for a few alleys within the subdivision. Centex is prepared to present the findings of our meeting with StF.ff at the upcoming Planning & Zoning meeting and would gladly answer any questions at that time. Centex Homes appreciates the meetings with the City Staff and hopes that these plats will be offered for approval at the June 19`1' Planning & Zoning meeting and subsequent City Council meeting. Sincerely, Bret Pedigo, .L-.. Director-Land Engineer Centex Homes- DFW Region CC: Biff Johnson, Chris Holstead,Mindy Manson, Rob Romo, and Don Westfall WYLIE CITY COUNCIL AGENDA ITEM NO. (0 June 26, 2001 Issue Consider and act upon a Final Plat for the Meadows of Birmingham Addition, including a waiver of alleys, being all of a certain 61.997 acre tract of land situated in the M. Phelan Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Background The Final Plat of The Meadows of Birmingham Addition includes 61.997 acres and will create 216 single-family lots. The Plat will also create two public parks totaling approximately 7 acres, as well as parts of the Westgate Way and Ann Drive collector streets. The property is zoned Single Family Residential-3 (SF-3), requiring a minimum lot size of 7,200 square feet. A majority of the lots exceed the minimum required size. At their June 1, 1999 meeting, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property, then identified as Phase I of the Birmingham Farms Addition, expressing concern for traffic congestion, limited points of ingress/egress, open drainage, park dedication and thoroughfare screening. However, based on the staff's recommendation that the Plat complied with all applicable subdivision regulations and other applicable ordinances of the City of Wylie, the City Council approved the Preliminary Plat on June 22, 1999, as Phase I of the Birmingham Farms Addition. That earlier-approved Preliminary Plat contained approximately 65.3 acres and created 219 lots, but did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards (Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. Section 212.005 of the Texas Local Government Code requires that "the municipal authority responsible for approving plats must approve a plat that satisfies all municipal regulations." Section 212.009 states that "the municipal authority responsible for approving a plat shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period." Financial Considerations Plat application fees—paid The applicant is aware that development impact fees must be paid before the Final Plat can be filed with Collin County. Other Considerations • The Final Plat substantially conforms to the approved Preliminary Plat, including the lack of alleys. However, as submitted without alleys, the Final Plat does not comply with the Subdivision Regulations and Paving Standards of the City of Wylie. The applicant must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that the major functions of alleys (public and private utilities, drainage and service vehicular access/egress) are adequately accommodated by other means. • The following concerns expressed by the Planning and Zoning Commission during their June 1999 review of the earlier submittal have been addressed in some way, although each is subjective and remains open to discussion. Traffic congestion will be relieved by construction by this and/or adjacent subdivisions of the collector streets Westgate Way and Ann Drive. To accomplish this traffic collector system, the coordinated phasing of construction of the several subdivisions will be critical. All houses will have front-accessed garages. Additional points of ingress/egress will be created by the construction of Westgate Way and Ann Drive by this and adjacent subdivisions. To accomplish this multiple access, the coordinated phasing of construction of the several subdivisions will be critical. Open drainage has been approved by the City Engineer, and is currently under review by the City and U.S. Corps of Engineers. Maintenance of the open drainage will be the full responsibility of the Homeowners Association or the Corps, and will not involve the City. Public park dedication has been approved by the Parks Board. Although the electric transmission lines and open drainage occupy portions of the dedicated park land and limit their use for recreation, the 7-acre park dedication is sufficiently greater than the required 3.2 dedication. Screening of residential lots that back onto a dedicated street is required by Section 5.03 of the Subdivision Regulations, and the earlier approved Preliminary Plat did not reflect such screening. The Final Plat under current consideration provides easements for screen walls within the lots backing on to Westgate Way and Ann Drive. In June of 1999, the applicant agreed to install a 6 feet high wood fence between brick columns in order to comply with this requirement. This fence will be maintained by the individual private homeowners or the collective Homeowners Association. Board/Commission Recommendations On June 5, 2001, the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 6-0 to deny the Final Plat for the Meadows of Birmingham because it did not provide the required alleys and did not adequately address drainage concerns. Staff Recommendations Approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the sizes of lots and/or a reduction in the number of lots. The Department's of Development Services, Public Works and Fire concur with this recommendation. Attachments Applicant's letter requesting waiver of alleys Applicant's letter demonstrating the justification for a waiver of alleys Final Plat 1%40440 Lrs"--- Prepared by Review y Finance City Manag Approval 06-20-2001 03:20pm From-HUGHES&LUCE LLP +2149396106 T-653 P 002/003 F-I20 uCC ( 1717 Main Street, Suite 2800 HUG ES I LUICE LLP Dallas.TX 75201 ATTORNEYS AND COUNSELORS 214.939 5500 214 939 6100 tax June 20, 2001 hughesluce corn Jamie E Lavergne 214 939 5531 uvcrgi@nugnc,L. c Gom VIA FACSIMILE and HAND DELIVERY Office of the Director City of Wylie 2000 Highway 78 North �� I / Wylie, Texas 75098 7At e ReA Clt/�.5 0/ X ,r jn ir1 q�t T - Re: Notice of Appeal of Final Plat Denial Dear Sir: This law firm represents P_H. of Texas, L.P. ("Ryland"), the applicant for that certain Final Plat of The Meadows of Birmingham (the ''Final Plat") prepared by Carter & Burgess, Inc. and dated May, 2001. On Tuesday June 19, 2001, the Final Plat was denied by the City of Wylie (the "City") Planning and Zoning Commission on the sole ground that the Final Plat did not include alleys. Notice is hereby given that Ryland appeals such denial pursuant to Section 4.07 of the City's Subdivision Regulations, which regulations guarantee Ryland an appeal at a public hearing of the City Council no later than 45 days after the date on which this Notice of Appeal is filed. Ryland respectfully requests this appeal be heard at the next meeting of the Wylie Ciry Counsel scheduled for Tuesday, June 26, 2001. The bases for this appeal, include, but are not limited to (1) that the Final Plat substantially conforms to the Preliminary Plat of Birmingham Farms Phase I prepared by Carter & Burgess, Inc. and dated May 1999, which Preliminary Plat included no alleys, was recommended by the City's staff as complying with all applicable ,subdivisions regulations and other applicable ordinances of the City, was unanimously approved by the City Council on June 22, 1999, and was extended by 180 days on December 15, 2000; (2) that the Final Plat conforms to the City's Subdivision Regulations; (3) that the Final Plat demonstrates that the functions of alleys have been accommodated; (4) that the addition of alleys at this stage of the planning process will result in a reduction in the sizes of lots and/or a reduction in the number of lots, and (5) that all of the homes in the proposed subdivision will be front entry with no access to alleys, if constructed. Austin I Dallas I San Francisco own 32 0u077.00152.2 02 06-20-2001 03:20pm From-HUGHES&LUCE LLP +2146306106 T-653 P 003/003 F-I20 HUGHES I LUCE LLP Office of the Director June 20, 2001 Page 2 Ryland Homes, respectfully requests that the Wylie City Council reverse the decision of the Planning and Zoning Commission and approve the Final Plat as submitted. Sincerely, amie E. Lavergne cc- John Hutchinson Fred Phillips Becky Ullman Ike Shupe Cliff Hutchinson Richard Abernathy 010132.00077 601522 02 05-30-2001 02:493m From-HUGHESiLUCE LLP +2149395100 i-9'3 P 0G2/0G2 F-dS: H UGHFS , LUCE LLP 1717 Main SceeL Si.ae 2800 ATTORNEYS AND COUNSELORS Dallas.2 TX 15201 14 939 5500 214.939 6100 tax May 30, 2001 hugnesluce corn Dwight A Shupe 2ia9]95463 Richard Abernathy Via Fax - 214.544.4040 Abernathy, Roeder, Boyd &Joplin 1700 Redbud Blvd., Suite 300 McKinney, Texas 75070-1210 Re: Ryland Homes; Final Plat Application- The Meadows of Birmingham (the "Meadows"); City of Wylie, Texas (the"City") Dear Richard: This law firm represents R.H. of Texas, L.P. ("Rvland") in connection with it; pending application for a final plat of the Meadows, which application is in substantial conformance with the approved preliminary plat for the Meadows Ryland has been informed by representatives of the City that subsequent to the approval of the preliminary plat, the City determined that alleys must be added within the Meadows or a variance must be obtained. Requiring alleys will affect the lot dimensions and lot site of every lot within the approved Meadows subdivision. Consequently, it is our position that such alleys cannot now be added as a requirement and that a variance is unnecessary. Nevertheless, please consider this letter as a request by Ryland for such a variance (which request does not constitute a waiver of Ryland's legal rights in connection with this matter). Please advise me when this request will be considered by the City Council. Very truly yours, Dwight A. Shupe cc: Claude Thompson, Director of Planning Becky Ullman, Ryland Homes • Austin I Dallas I San Francisco 010132 OW77.593303 0: 08/12/01 TUE 16: 00 FAX 214 638 0447 C & B DALLAS 42)002 7950 ElmbroohDallas Carter:Burgess Phone Texas 38 0145 25 Phone 21a,6380145 Fax 1 214 638.5632 Fox 2' 214 638.0447 www c•b.corn June 12, 2001 Via Fax(972)442-8154 Mr. Claude Thompson Planner City of Wylie 200 Highway 78 North Wylie, Texas 75098 Re: Meadows of Birmingham— Final Plat Wylie, Texas Dear Mr. Thompson: As a condition of the tabling of this Final Plat at the June 5, 2001 Planning and Zoning (P&Z) Commission Meeting, we were edvised to meet with City staff to attempt to satisfy the requirement for alleys in this residential development. This meeting occurred on Friday, June 8, 2001 with Ryland Homes, Centex Homes, Chris Holstead, P.E., and yourself in attendance. At this meeting we were asked to demonstrate how the functions of alleys are addressed on the Final Plat and construction drawings as submitted May 9, 2001. The following is a summary of these issues and how they are accommodated in our design; The main function of alleys in a residential development includes vehicular ingress/egress, storm drainage collection, and a location for utilities. City of Wylie Zoning Ordnance allows (at our option)to construct either front-or rear- entry garages for each home. Ryland Homes intends to build only front-entry product, even for the lots that back up to the existing alley constructed with North Pointe Addition, Phase Il. Each garage I-asroom for the parking of two vehicles. The driveway itself will result in two additional parking spaces due to the front yard setback of 25'. As a result, each home in The Meadows of Birmingham will have room for four vehicles to park outside of the adjacent right-of-way. Contrary to some beliefs among the P&Z members, our experience indicates that providing alleys in residential subdivisions does not alleviate excessive parking in the streets by visitors or guests of these homes. Non-residents will still be parking in the right-of-way since there are no parking accommodations within the alleys. Front-entry product can actually reduce congestion and parking in the right-of-way in those homes with less than four vehic'es. The construction of alleys also creates a safety hazard for residents by reducing sight distances. Fences are commonly built right up to the edge of the alley right-of-way and along the driveways to create the largest useable backyard possible. Vehicles backing out of their respective garages must exercise caution. Residents will also use the alleys as pedestrians or bicyclists,to access the streets for recreational purposes, resulting in a potentially dangerous situation between motorists and pedestrians. There is little room for sharing between a vehicle and a bicycle in a 15' pavement section. Front-loaded garages do not have line-cf-sight problems associated with alleys and fencing. Comer &Burgess, Inc Curter&Btlrge::Arch,r!us/Enoincor: Inc Curter&Burgess Cons.Itonts, Inc. C&I3 Architects/Engineer., Inc. CM!Arci itects/Eng;neers, I'C C88 Nevado, Inc Nixon& bird Architects/Engineers,P.0 06/12/01 TUE 16:01 FAX 214 638 0447 C & B DALLAS Z003 Mr. Claude Thompson Planner City of Wylie June 12, 2001 Page 2 of 3 Storm drainage design in th s subdivision has been accommodated by upsizing all pipes in the street to handle the entire amount of runoff generated by the development per City design standards. All lots are graded per Federal Housing Authority"A" drainage criteria (or"roof-topped"; all runoff is directed to the adjacent street and not across or through a neighbor's yard). Alleys themselves provide little storm drainage relief or carrying capacity. Typically only t le rear yards of lots drain into an alley; the remaining portion which contains the developed areas (i.e. rooftop, walkways, driveways, etc.) drain to the street. Our storm drainage design accounts for 100% of all runoff draining to streets, thus eliminating any practical use for alleys. Ponding of storm water runoff on individual lots usually occurs when downstream neighbors, who may be unaware of the impact of their actions, construct planting beds, gardens, pools, etc. after the home has been sold, which raise the surrounding ground and consequently restrict flow in the intended, engineered direction. Many Cities in the Metroplex are requiring that all lots drain to the adjacent street to eliminate this situation. Providing "A" drainage is standard operational procedure for Ryland Homes and is reflected in the grading plans and storm drainage design for this project. Another concern raised t y P&Z is the construction of utilities within the alleys. The City's standard street cross-section requires the installation of water, sewer, and storm drainage lines within the right-of-way. In addition, it is the exception, not the rule, that a City use alleys for wastewater collection or water distribution lines. We have provided a 10' Public Utility Easement across the frontage of every lot in this subdivision to accommodate electric, gas, telephone, cable, etc. These Franchise Utilities will not conflict with City utilities, as they run parallel to each other. Any perpendicular street crossings will be accomplished with sleeves installed prior to paving to eliminate open cuts in street pavement. Access for maintenance of these utilities is through the adjacent public.right-of-way. Rear-installed Franchise Utilities can turn into a maintenance nightmare, as homeowners have been known to install fences, retaining walls, and/or other amenities listed above over lines thus impeding access and complicating repairs. Requiring the construction ,31 alleys is an excessive financial burden on the Developer as well as the City. Storm drainage and pavement costs for 15'wide alleys are essentially the same cost of the 27' full-width street the home fronts on. These costs are simply passed on to the homeb ayer by the Developer, and in some cases, this can mean the difference in whether a family can purchase a home. The City must absorb the long- term maintenance costs once the development is final-accepted. When the alley pavement and associated utilities ever need to be repaired, the City will need to provide either the manpower or financial backing to make these repairs. To repair a 15'wide section of alley pavement far the same cost as a 27' street section, it makes little economic sense for the City to assume this burden. In addition, it seems reasonable that the City would desire to maintain the least amount of right-of-way as possible to lower overall maintenance costs. Doubling the amount of right-of-way by imposing alley construction will double replacement and maintenance costs for the City. 08/12/01 TUE 16:01 FAX 214 638 0447 C & B DALLAS 004 Mr. Claude Thompson Planner City of Wylie June 12, 2001 Page 3of3 We have also gone through the exercise of attempting to accommodate alleys within the layout proposed on the Final Plat. The likely areas were those lots that had areas in excess of the required 7200 square foot minimum. However, these"oversize" lots were found to be not large enc ugh to provide adequate right-of-way width for the alleys and leave enough buildable area for typical house footprints proposed. Adding alleys to this Final Plat is not feasible without compromising the density and yield of the approved Preliminary Plat. Alleys would create numerous lots that would not meet the zoning standards for this property. In summary,we have adequately Eiddressed the primary functions of alleys in residential subdivisions by utilizing method:; employed in numerous other Cities throughout the Metroplex. It does not seem prudent, in our judgment, that the City requires all residential subdivisions to construct alleys if the same functions can be accomplished through other means which result in lower costs without compromising Ihe quality of this development and services provided by the Developer and the City. We trust this satisfies your concarris with alleys and their impact on this project. Please call me with any questions you may have. Sincerely, CARTER & BURGESS, INC. Marc P. Paquet P.E. Associate MPP/ahb 020955010 L01.doc cc: Mr.John Hutchinson,Ryland Horses(Via Fax) Mr.Fred Phillips,Ryland Homes Via Fax) Mr.Ike Shupe.Hughes&Luce(Via sax) WYLIE CITY COUNCIL AGENDA ITEM NO. II. June 26, 2001 Issue Consider and act upon a Final Plat for the Sage Creek North Addition, including a waiver of alleys, being all of a certain 50.7752 acre tract of land situated in the John W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, and being a portion of a tract conveyed to Debra S. Thurmond as described in a deed recorded in County Clerk's File No. 95-0090832 of the Deed Records of Collin County, Texas. Background The Final Plat of the Sage Creek North Addition includes 50.7752 acres and will create 155 single- family residential lots. The Plat will also create a 4.223-acre public park as well as a total of 3.597 of common open space to be maintained by the Homeowners Association. The Plat also provides additional right-of-way for the future improvement of McMillen Road. The property is zoned Planned Development District (PD 2000-22) for Single Family Residential Uses, approved by the City Council on April 11, 2000. The Conditions of the PD specifically limit the development to a total of 155 lots and an overall density of 3.05 dwelling units per acre, including 80 Single Family-3 Residential lots (7,200 square feet minimum lot size), 47 Single Family-2 Residential (8,500 square feet lots) and 28 Single Family-1 Residential (requiring a minimum lot size of 10,000 square feet). The approved PD also included a Concept Plan which established the general configuration of streets, lots and open space. The Zoning Ordinance requires that a Development Plan be approved by the City Council as a second step in implementing a Planned Development District. That Development Plan may also serve as a Preliminary Plat. The City Council approved the Development Plan/Preliminary Plat for the subject property on September 12, 2001. The Development Conditions and Concept Plan of the approved Planned Development District does not reflect alleys, nor did the approved Development Plan/Preliminary Plat, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Concept Plan of the Planned Development District and of the Development Plan/Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. Section 212.005 of the Texas Local Government Code requires that "the municipal authority responsible for approving plats must approve a plat that satisfies all municipal regulations." Section 212.009 states that "the municipal authority responsible for approving a plat shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period." Financial Considerations Plat application fees—paid The applicant is aware that development impact fees must be paid before the Final Plat can be filed with Collin County. Other Considerations • The Final Plat conforms to the Council approved Concept Plan of the Planned Development District as well as the Development Plan/Preliminary Plat, including the lack of alleys. However, as submitted without alleys, the Final Plat does not comply with the Subdivision Regulations and Paving Standards of the City of Wylie. The applicant has requested a waiver of the alley requirement, and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that alleys are not necessary because the major functions of alleys (private utilities, drainage and service vehicular access/egress) are adequately accommodated by other means. • As currently aligned, a 20-feet wide sanitary sewer easement, established by an earlier separate instrument, renders several lots undevelopable. The Plat under consideration partially abandons and relocates this easement, removing the potential development restriction. Board/Commission Recommendations At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 3-3 to recommend approval of the Final Plat for the Sage Creek North Addition and a waiver of the alley requirement. A previous motion to deny the Plat and requested alley waiver died for lack of a second. Staff Recommendations Approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Department's of Development Services, Public Works and Fire concur with this recommendation. Attachments Applicant's letter requesting waiver of alleys Final Plat Prepared by ' evie a by inance City Ma er Approval Jun-20-2001 05:19pm From-WINSTEAD SECHREST & MINICK-3 214-T45-5390 T-495 P 002/002 F-528 WINSTEAD111/ ism ylie- June 20,2001 direct dial:214.745.5745 aandcrgn®wmstead com VIA FAX 972/442-8106 Ms.Barbara Salinas Wylie City Secretary 2000 Highway 78 North Wylie,TX 75098 Re_ Fine!Plat Application for the Sage Creek North Addn. Dear Ms. Salinas: Our firm represents Gee Development Services and Pulte Homes. Please accept this Ietter as our appeal of last night's PAU decision on this application. It is my understanding this item will be considered at the next City Council meeting. if you have any questions or need additional information,please give me a call. Sincerely, CtickA \— Arthur J Anderson AJA/plg cc: Don Dykstra(via fax 972/518-2613) Steve Gee(via fax 972/751-1583) DALLAS 1'349696Z1 06l202001-25440-1 540u ItENAIS)ANCE TOwt[k Pat 214 745 144.14, WLvtt.u1Srt.utas..MANILA n-.,,., D..u..,, ,..r, Worth, 1201 ELM 5'rSEET PAX t19 745 53yo A,u>u.7.w..11:WM IIJl 1Y.• NY•.,Yn MLF6Y G.y. DALLAN,TEXAS 7527u WIN3TkAD.COM AY.j.•..Y....1 CIO pY...r„.., Tas D C 2000 Highway 78 North•Wylie.Texas 75098•(9721442-8100•Fax(972)442-4302 WYLIE CITY COUNCIL AGENDA ITEM NO. la June 26, 2001 Issue Consider and act upon a Final Plat for the Walgreens-Wylie Addition, being all of a certain 5.422 acre tract of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create a multi-tenant retail center totaling 5.422 acres. The initial phase of the center will accommodate development of the Walgreens retail store on the 1.793- acre Lot 1. The property has never been platted and is currently vacant and zoned for Industrial (I) uses. The anticipated retail use is currently allowed within the Industrial District. A Preliminary Plat and Site Plan for the subject property were approved by the Planning and Zoning Commission on March 20, 2001. The City Council approved the Preliminary Plat on April 10, 2001. Financial Considerations Plat application fees— paid The applicant is aware that impact fees must be paid before a Final Plat can be filed with Collin County. Water $3,339.95 Sewer: $11,330.68 Other Considerations • Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that tome period". • Staff has reviewed the proposed Final Plat for the Walgreens-Wylie Addition and found it to conform substantially to the approved Preliminary Plat and to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. • The Plat provides primary access from Cooper Drive, as well as an access easement from State Highway 78. This access easement also provided common access for future development of Lot 2. Board/Commission Recommendations At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 6-0 to approve the Final Plat for the Walgreens-Wylie Addition. Staff Recommendations Approval The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Final Plat a••sotOL•ff Prepared by Revie by Finance City a ger Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 13 June 26, 2001 Issue Consider and act upon a Preliminary Plat for the Kirby 78 Addition, being all of a certain 2.5989 acre tract of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create a single lot of approximately 2.4 acres, to accommodate a free-standing retail use (CVS Pharmacy). The Plat incorporates the abandoned railroad corridor, and dedicates approximately 0.13 acres of right-of-way for the future improvement of the F.M. 544/S.H. 78 intersection. The property is zoned for Industrial (I) uses. The anticipated pharmacy is currently allowed within the Industrial District. Financial Considerations Plat application fees— paid Other Considerations Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Staff has reviewed the proposed Preliminary Plat for the Kirby 78 Addition and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. The Plat dedicates right-of-way for the future improvement of the intersection of F.M. 544 and S.H. 78. The applicant is aware that a final plat must be approved and development impact fees paid prior to issuance of a building permit. Board/Commission Recommendations At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 5-1 to deny the Preliminary Plat for the Kirby 78 Addition, because the applicant was not present to address concerns raised by summary review of the Site Plan of the subject property. Discussion on the Site Plan was tabled by a vote of 6-0 until the July 3, 2001 Planning and Zoning Commission meeting because the applicant was not present to defend the plan. Staff Recommendations Approval The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat 10/ al 5 PA Prepared by ' eview cf.y finance City Ma ger Approval WYLIE CITY COUNCIL AGENDA ITEM NO. June 26, 2001 Issue Consider and act upon a Final Plat for the Meadows of Birmingham Addition, including a waiver of alleys, being all of a certain 61.997 acre tract of land situated in the M. Phelan Survey, Abstract No. 695, and the D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas, being out of a called 629.406 acre tract conveyed to Birmingham Land, Ltd. as described in a deed recorded in County Clerk's File No. 94-0029675 of the Deed Records of Collin County, Texas. Background The Final Plat of The Meadows of Birmingham Addition includes 61.997 acres and will create 216 single-family lots. The Plat will also create two public parks totaling approximately 7 acres, as well as parts of the Westgate Way and Ann Drive collector streets. The property is zoned Single Family Residential-3 (SF-3), requiring a minimum lot size of 7,200 square feet. A majority of the lots exceed the minimum required size. At their June 1, 1999 meeting, the Planning and Zoning Commission recommended denial of a Preliminary Plat for the subject property, then identified as Phase I of the Birmingham Farms Addition, expressing concern for traffic congestion, limited points of ingress/egress, open drainage, park dedication and thoroughfare screening. However, based on the staff's recommendation that the Plat complied with all applicable subdivision regulations and other applicable ordinances of the City of Wylie, the City Council approved the Preliminary Plat on June 22, 1999, as Phase I of the Birmingham Farms Addition. That earlier-approved Preliminary Plat contained approximately 65.3 acres and created 219 lots, but did not include alleys, nor was discussion of alleys or a waiver thereof recorded in the Minutes of either the Planning and Zoning Commission or the City Council. Section 2.9 of the City of Wylie Paving Standards(Ordinance No. 94-3) states that "alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." The applicant contends that the City Council specifically granted a waiver of alleys by its approval of the Preliminary Plat. The applicant is requesting a waiver of the alley requirement and approval of the Final Plat. Section 212.005 of the Texas Local Government Code requires that "the municipal authority responsible for approving plats must approve a plat that satisfies all municipal regulations." Section 212.009 states that "the municipal authority responsible for approving a plat shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that period." Financial Considerations Plat application fees— paid The applicant is aware that(1997)1ev s must be paid before the Final Plat can be filed with Collin County. <Vater: 151,200 Sewer: $304,992> Financial Considerations Plat application fees—paid The applicant is aware that 1997)levelopment impact fees must be paid before the Final Plat can be filed with Collin County. <Water: $104,300 Sewer: $210,388? Other Considerations • The Final Plat generally conforms to the approved Preliminary Plat, including the lack of alleys. However, as submitted without alleys, the Final Plat does not comply with the Subdivision Regulations a s of the City of Wylie. The applicant has requested a waiver of the alley requi strate to the Council that the addition of alleys will create a hards I as that alleys are not necessary because the major functions of a e s, drainage and service vehicular access/egress) are adequately accommodated by other means. • As currently proposed separated from the larger portion of Phase 3 of Birmingham Farms, the addition provides no point of ingress to or egress from either an existing or proposed street and therefore is not accessible. Access streets (Park Boulevard and Talladega Drive) are to be provided with construction of adjacent subdivisions. To accomplish this street connection and access, the coordinated phasing of construction of the several subdivisions will be critical. • The undevelopable 100-year floodplain currently occupies much of the eastern portion of the subject property, including several of the proposed residential lots. The applicant intends to remove the floodplain from a portion of these lots, and that plan is currently under review by the City and U.S. Corps of Engineers. Maintenance of the open drainage will be the full responsibility of the Homeowners Association or the Corps, and will not involve the City. • As currently proposed separated from the larger portion of Phase 3 of Birmingham Farms, the proposed addition provides no public park land dedication. The extensive open space will be maintained by the Homeowners Association and accessible only to the residents of the addition. Board/Commission Recommendations On June 5, 2001, the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 3B. Staff Recommendations Approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Department's of Development Services, Public Works and Fire concur with this recommendation. Financial Considerations Plat application fees—paid The applicant is aware th impact fees must be paid before the Final Plat can be filed with Collin County. 8,200 Sewer: $319,1122 Other Considerations The Final Plat substantially conforms to the approved Preliminary Plat, including the lack of alleys. However, as submitted without alleys, the Final Plat does not comply with the Subdivision Regulations and Paving Standards of the City of Wylie. The applicant has requested a waiver of the alley requirement, and must clearly demonstrate to the Council that the addition of alleys will create a hardship to the development, as well as that alleys are not necessary because the major functions of alleys (public and private utilities, drainage and service vehicular access/egress) are adequately accommodated by other means. The following concerns expressed by the Planning and Zoning Commission during their June 1999 review of the earlier submittal have been addressed in some way, although each is subjective and remains open to discussion. Traffic congestion will be relieved by construction by this and/or adjacent subdivisions of the collector streets Sanden Boulevard, Westgate Way and Ann Drive. To accomplish this traffic collector system, the coordinated phasing of construction of the several subdivisions will be critical. All houses will have front-accessed garages. Open drainage has been approved by the City Engineer, and is currently under review by the City and U.S. Corps of Engineers. Maintenance of the open drainage will be the full responsibility of the Homeowners Association or the Corps, and will not involve the City. Public park dedication has been approved by the Parks Board. Although the electric transmission lines and open drainage occupy portions of the dedicated park land and limit their use for recreation, the 5-acre park dedication is sufficiently greater than the required 3.4 dedication. Board/Commission Recommendations On June 5, 2001, the Planning and Zoning Commission voted to table the decision on the Final Plat to allow the applicant and staff to evaluate where alleys could be added. At the June 19, 2001 Planning and Zoning Commission meeting, the Commission voted 4-2 to deny the Final Plat for the Birmingham Farms Phase 2A because it lacked the required alleys, and did not adequately address concerns of open drainage and traffic access and circulation. An initial motion to approve with some alleys as proposed by the applicant died for lack of a second. Staff Recommendations Approval of the Final Plat and of the requested waiver of the residential alley requirement. The applicant has demonstrated that the functions of alleys have been accommodated by other appropriate measures, and that the addition of alleys at this stage of the planning process will result in a reduction in the size of lots and/or a reduction in the number of lots. The Department's of Development Services, Public Works and Fire concur with this recommendation. WYLIE CITY COUNCIL AGENDA ITEM NO. June 26,2001 Issue Award of wrecker service contract. Background On May 8t",2001 the City Council of the City of Wylie repealed previous ordinances relating to wrecker service and established Ordinance NO. 2001-21,providing for the contracting of wrecker service with a sole source provider. Shortly thereafter a RFP for wrecker service was sent out to area wrecker service providers. The City of Wylie has received proposals from two wrecker service provider, Wylie Auto Towing and Signature Towing Inc. Financial Considerations Wylie Auto Towing proposed slightly higher fees in some areas and slightly lower fees in other areas. Generally there is very little difference in fees between the two wrecker services. Other Considerations Quality of Service: Wylie Auto towing is formerly known as Bellows. Signature Towing has bought out the wreckers and site,which was formerly Anderson Wrecker of Wylie. These are the same two wrecker companies that the Wylie Police Department has used the last three years. During the last three years the service provided by Bellows has been significantly superior. Board/Commission Recommendations N/A Staff Recommendations Staff recommends awarding the Wrecker Service contract to Wylie Auto Towing. Attachments Wrecker service proposals from Wylie Auto Towing d Signature Towing Inc. T repared by Revi d by Finance City Manager Approval Jun-21-2001 04:25om From-WINSTEAD SECHREST & IAINIC'K/2 214-745-5390 T-094 P 002/003 F-071 WINSTEAD June 21,2001 drrcct dial 214.745.5745 aanderson@urinstead cum VIA FAX 972/442-8106 Ms. Barbara Salinas Wylie City Secretary 2000 Highway 78 North Wylie,TX 75098 Re: Final Plat Application for Birmingham Farms Phases 2A Final Plat Application for Birmingham Farms Phases 2B Final Plat Application for Birmingham Farms Phases 3A Final Plat Application for Birmingham Farms Phases 3B Dear Ms. Salinas. Our firm represents Centex Homes, the applicant in the above-referenced requests which were denied by the P&Z Tuesday night Centex hereby appeals the denials to the City Council which were apparently based on the grounds that alleys were not included in these plats. The P&Z vote was in error for the following reasons: (i) The City Council has already approved any legally required alley variance by approving the preliminary plats without alleys. I represented the previous landowner when these plats were processed. The City reviewed and approved the preliminary plats and their extensions on the following dates. June 1, 1999: P&Z denial of preliminary plats with concerns of traffic congestion, limited points of ingress/egress, open drainage, park dedication and thoroughfare screening. June 22, 1999: City Council approval of plats stating that plats complied with all applicable subdivision regulations. December 15.2000: 180-day extension of preliminary plats to May 13,2001. The lack of alleys is obvious on the face of the plats and therefore the City has waived any such requirement It is my understanding that approximately 80% of'the City's residential subdivisions have been developed without alleys with no formal written variance being processed. Therefore, the City's custom and practice has been to waive the alley requirement by approving all plats which do not show alleys. 540u kFNAWsANCE TOWER NH hi i4i 54u0 ''I•aliAC,Wiati;. • 1[ua ELM STRrCT PAX 21i 74i 5;90 :Ut ,,.,�._..all)-rn.<!.•. ( ti.t,.t..,. M,anu C..� 1)ALLAS TEXAS 75270 winoTEAOCOM AP,../r.u"...l T6. ILdolt-nJ, {bv,A,r�t.._ O C Jun-21-2001 04:25pm From-WINSTEAD SECHREST & MINICK/Z 214-745-5390 T-094 P 003/003 F-971 Ms.Barbara Salinas June 21,2001 Page 2 (ii) The City's subdivision ordinance requires the City to approve a final plat which substantially conforms to a previously approved preliminary plat. Requiring alleys at this stage in the development process will result in a final plat which does not conform to our approved preliminary plat. (iii) The City's subdivision ordinance does not require alleys. I have reviewed the City's subdivision ordinance and it does not require alleys for all residential subdivisions. Chapter 212 of the Texas Local Government Code requires the City to approve a plat meeting the City's subdivision standards. It is my understanding that there is a provision regarding alleys in the City's "Paving Standards,"but there is no reference to"Paving Standards" in the City's Subdivision Ordinance. (Iv) Prior to the June 5, 2001 Planning & Zoning Commission meeting, staff recommended denial of these plat applications. At.this meeting, the P&Z directed Centex and staff to meet to determine if alleys could be added without detrimentally impacting Centex's development. This meeting occurred on Friday, June S. following the meeting, staff agreed with Centex that adding alleys would be extremely detrimental to Centex and to the City. As a result,staff has now recommended approval of the plats. Staff approval indicates that the plats meet all subdivision requirements. Because platting is a ministerial function,the City Council must approve these plat applications. Centex purchased these four tracts with the expectation of developing 678 lots with no alley requirement. Imposing the alley requirement results in a loss of 101 lots and significantly increased development costs. The approximate damages to my client are as follows if alleys are required: Increased Development Costs: S 1,600,000.00 Decreased Revenues: $1 S,S00,000.00 We respectfully request that the above-referenced final plat application be approved as submitted. if you have any questions or need additional information,please give me a call. Sincerely, r ��w✓ C v vv r Arthur J. Anderson AJA/plg cc: Bret Petigo(via fax 972/417-0448) Don Westfall(via fax 972/417-0448) Richard Abernathy(via fax 214/544-4040) Claude Thompson(via fax 972/442-8106) DALLAS 1\349b4S1U u6/21/2001-20203.27 Jun-21-2001 04:25om From-WINSTEAD SECHREST & MINICK/2 214-T45-5390 T-094 P 002/003 F-971 WNSTEAD June 21,2001 direct dial 214.745.5745 aanderson@a winstead.cum VIA FAX 972/442-8106 Ms. Barbara Salinas Wylie City Secretary 2000 Highway 78 North Wylie,TX 75098 Re: Fugal Plat Application for Birmingham Farms Phases 2A Final Plat Application for Birmingham Farms Phases 2B final Plat Application for Birmingham Farms Phaics 3A Final Plat Application for Birmingham Farms Phases 3B Dear Ms. Salinas Our firm represents Centex Homes, the applicant in the above-referenced requests which were denied by the P&Z Tuesday night Centex hereby appeals the denials to the Ciry Council which were apparently based on the grounds that alleys were nor included in these plats. The P&Z vote was in error for the following reasons: (i) The City Council has already approved any legally required alley variance by approving the preliminary plats without alleys. I represented the previous landowner when these plats were processed. The City reviewed and approved the preliminary plats and their extensions on the following dates. June 1, 1999: P&Z denial of preliminary plats with concerns of traffic congestion, limited points of ingress/egress, open drainage, park dedication and thoroughfare screening. June 22, 1999: City Council approval of plats stating that plats complied with all applicable subdivision regulations. December 15. 2000: 180-day extension of preliminary plats to May 13,2001. The lack of alleys is obvious on the face of the plats and therefore the Ciry has waived any such requirement It is my understanding that approximately 80% of the City's residential subdivisions have been developed without alleys with no formal written variance being processed. Therefore, the City's custom and practice has been to waive the alley requirement by approving all plats which do not show alleys. sou khNAlaaANC.ETOWER PH . *4';4iS400 I A'rvi;nGNfu0.L+.:.54.6.s.r-n Ar,s '. O.II... F,.r. • Idol ELM STILT ET MAX 214 74i 5390 :Ur✓,...�.-..d(:-rn.;l:.. tio.t..r✓r. Msnu C..y DALLAi TEXAS 75270 wlNaTEAO COM ' A •rY...l l:r(r✓...r:✓•. I Tb, WJYJI...,J., WN,OIN,/✓r O C Jun-21-2001 04:25pm From-WINSTEAD SECHREST & MINICK/2 214-745-5390 T-094 P 003/003 F-971 Ms. Barbara Salinas June 21,2001 Page 2 (ii) The City's subdivision ordinance requires the City to approve a final plat which substantially conforms to a previously approved preliminary plat. Requiring alleys at this stage in the development process will result in a final plat which does not conform to our approved preliminary plat. (iii) The City's subdivision ordinance does not require alleys. 1 have reviewed the City's subdivision ordinance and it does not require alleys for all residential subdivisions. Chapter 212 of the Texas Local Government Code requires the City to approve a plat meeting the City's subdivision standards. It is my understanding that there is a provision regarding alleys in the City's "Paving Standards,"but there is no reference to"Paving Standards"in the City's Subdivision Ordinance. (iv) Prior to the June 5, 2001 Planning & Zoning Commission meeting, staff recommended denial of these plat applications. At.this meeting, the P&Z directed Centex and staff to meet to determine if alleys could be added without detrimentally impacting Centex's development. This meeting occurred on Fnday, tune S. Following the meeting, staff agreed with Centex that adding alleys would be extremely detrimental to Centex and to the City. As a result,staff has now recommended approval of the plats. Staff approval indicates that the plats meet all subdivision requirements. Because platting is a nunisterial titnction,the City Council must approve these plat applications. Centex purchased these four tracts with the expectation of developing 678 lots with no alley requirement. Imposing the alley requirement results in a loss of 101 lots and significantly increased development costs. The approximate damages to my client are as follows if alleys are required: increased Development Costs: S 1,600,000.00 Decreased Revenues: S1 S,S00,000.00 We respectfully request that the above-referenced final plat application be approved as submitted. If you have any questions or need additional information,please give me a call. Sincerely, Arthur J. Anderson AJA/plg cc: Bret Petigo(via fax 972/417-0448) Don Westfall (via fax 972/417-0448) Richard Abernathy(via fax 214/544-4040) Claude Thompson(via fax 972/442-8106) DALLAS_1\349b45 t'I t16 i21/2001-20203.27 Jun-21-2001 04:25pm From-WINSTEAD SECHREST & MINICK/2 214-745-5390 T-094 P 002/003 F-9T1 WNSTEAD June 21,2001 dirt dial 214.745.5745 aanderson@winstead.cum VIA FAX 972/442-8106 Ms.Barbara Salinas Wylie City Secretary 2000 Highway 78 North Wylie,TX 75098 Re: Final Plat Application tor Birmingham Farms Phases 2A Final Plat Application for Birmingham Farms Phases 2B Final Plat Application for Birmingham Farms Phnscs 3A Final Plat Application for Birmingham Farms Phases 3B Dear Ms. Salinas. Our firm represents Centex Homes, the applicant in the above-referenced requests which were denied by the P&Z Tuesday night Centex hereby appeals the denials to the Ciry Council which were apparently based on the grounds that alleys were not included in these plats. The P&Z vote was in error for the following reasons: (i) The City Council has already approved any legally required alley variance by approving the preliminary plats without alleys. I represented the previous landowner when these plats were processed. The City reviewed and approved the preliminary plats and their extensions on the following dates. June 1, 1999: P&Z denial of preliminary plats with concerns of traffic congestion, limited points of ingress/egress, open drainage, park dedication and thoroughfare screening. June 22, 1999: City Council approval of plats stating that plats complied with all applicable subdivision regulations. December 15,2000: 180-day extension of preliminary plats to May 13,2001. The lack of alleys is obvious on the face of the plats and therefore the City has waived any such requirement It is my understanding that approximately 80°%° of the City's residential subdivisions have been developed without alleys with no formal written variance being processed. Therefore, the City's custom and practice has been to waive the alley requirement by approving all plats which do not show alleys. 540u i(PNAiaaANVCE TOWER PH 114:4i 5400 I VV.. .:.,GNrunt , "ten Atow,. p.u.., F.... 11/..1e • itut ELM STRICT PAX 21%1qi SS90 Art,,,,.,)._..ti(;.,,'..1 '. H..L.._� Mexnu C..) L)ALLAS TEXAS 75270 wINTEAOCOM ' APr•./:••n•..-.L:rpv..t:o„ Te, m,,�rr-nr,. 1t'.,e„t,t�_ DC Jun-21-2001 04:25pm From-WINSTEAD SECHREST & MINICK/Z 214-145-5390 T-094 P 003/003 F-971 Ms.Barbara Salinas June 21,2001 Page 2 (ii) The City's subdivision ordinance requires the City to approve a final plat which substantially conforms to a previously approved preliminary plat. Requiring alleys at this stage in the development process will result in a final plat which does not conform to our approved preliminary plat. (iii) The City's subdivision ordinance does not require alleys. I have reviewed the City's subdivision ordinance and it does not require alleys for all residential subdivisions. Chapter 212 of the Texas Local Government Code requires the City to approve a plat meeting the City's subdivision standards. It is my understanding that there is a provision regarding alleys in the City's "Paving Standards,"but there is no reference to"Paving Standards"in the City's Subdivision Ordinance. (iv) Prior to the June 5, 2001 Planning & Zoning Commission meeting, staff recommended denial of these plat applications. At.this meeting, the P&2 directed Centex and staff to meet to determine if alleys could be added without detrimentally impacting Centex's development. This meeting occurred on Fnday, June 8. Following the meeting, staff agreed with Centex that adding alleys would be extremely detrimental to Centex and to the City. As a result,staff has now recommended approval of the plats. Staff approval indicates that the plats meet all subdivision requirements. Because platting is a ministerial junction,the City Council must approve these plat applications. Centex purchased these four tracts with the expectation of developing 678 lots with no alley requirement. Imposing the alley requirement results in a loss of 101 lots and significantly increased development costs. The approximate damages to my client are as follows if alleys are required: increased Development Costs: S 1,600,000.00 Decreased Revenues: $15,500,000.00 We respectfully request that the above-referenced final plat application be approved as submitted. if you have any questions or need additional information,please give me a call. Sincerely, c Arthur J. Anderson AJA/plg cc: Bret Petigo(via fax 972/417-0448) Don Westfall (via fax 972/417-0448) Richard Abernathy(via fax 214/544-4040) Claude Thompson(via fax 972/442-8106) D!.L LAS_l'349645 RI W1,20001-20203.27 Jun-21-2001 04:25pm From-WINSTEAD SECHREST & M NICK/2 214-745-5390 T-094 P 002/003 F-971 WNSTEAD June 21,2001 direct did 214.745.5745 aanderson@a winsteadcum VIA FAX 972/442-8106 Ms. Barbara Salinas Wylie City Secretary 2000 Highway 78 North Wylie,TX 75098 Re: Final Plat Application for Birmingham Farms Phases 2A Final Plat Application for Birmingham Farms Phases 2B Final Plat Application for Birmingham Farm,Phases 3A Final Plat Application for Birmingham Farms Phases 3B Dear Ms. Salinas. Our firm represents Centex Homes, the applicant in the above-referenced requests which were denied by the P&Z Tuesday night Centex hereby appeals the denials to the Ciry Council which were apparently based on the grounds that alleys were not included in these plats. The P&Z vote was in error for the following reasons. (i) The City Council has already approved any legally required alley variance by approving the preliminary plats without alleys. I represented the previous landowner when these plats were processed. The City reviewed and approved the preliminary plats and their extensions on the following dates. June 1,1999: P&Z denial of preliminary plats with concerns of traffic congestion, limited points of ingress/egress, open drainage, park dedication and thoroughfare screening. June 22, 1999: City Council approval of plats stating that plats complied with all applicable subdivision regulations. December 15.2000: 180-day extension of preliminary plats to May 13,2001. The lack of alleys is obvious on the face of the plats and therefore the Ciry has waived any such requirement It is my understanding that approximately 80% of the City's residential subdivisions have been developed without alleys with no formal written variance being processed. Therefore, the City's custom and practice has been to waive the alley requirement by approving all plats which do not show alleys. 540U kFNAMANCE TOWER i H !r4 .,4i 54U0 I VViviiAGNru0.L+:>Vk.'4_t Ar•r•••. 0..1L , F„r, WYr.b • 1tui ELM STRrET PAX.214 745 S390 Mimi C. , L)ALLAS TEXAS 75270 W INaTEAD COM ( A P•••/c The Wr,b,.r,n.- A C Jun-21-2001 04:25pm Frcm-WINSTEAD SECHREST & M NICK/Z Z14-T45-5390 T-094 P 003/003 F-971 Ms.Barbara Salinas June 21,2001 Page 2 (ii) The Ciry's subdivision ordinance requires the City to approve a final plat which substantially conforms to a_previously approved preliminary plat. Requiring alleys at this stage to the development process will result in a final plat which does not conform to our approved preliminary plat. (iii) The City's subdivision ordinance does not require alleys. I have reviewed the City's subdivision ordinance and it does not require alleys for all residential subdivisions. Chapter 212 of the Texas Local Government Code requires the City to approve a plat meeting the City's subdivision standards. It is my understanding that there is a provision regarding alleys in the Ciry's "Paving Standards,"but there is no reference to"Paving Standards" in the City's Subdivision Ordinance. (iv) Prior to the June 5, 2001 Planning & Zoning Commission meeting, staff recommended denial of these plat applications. At this meeting,the P&Z directed Centex and staff to meet to determine if alleys could be added without detrimentally impacting Centex's development. This meeting occurred on Fnday, June S. Following the meeting, staff agreed with Centex that adding alleys would be extremely detrimental to Centex and to the City. As a result,staff has now recommended approval of the plats. Staff approval indicates that the plats meet all subdivision requirements. Because platting is a ministerial function,the City Council must approve these plat applications. Centex purchased these four tracts with the expectation of developing 678 lots with no alley requirement. Imposing the alley requirement results in a loss of 101 lots and significantly increased development costs. The approximate damages to my client are as follows if alleys are required: Increased Development Costs: $ 1,600,000.00 Decreased Revenues: $15,500,000.00 We respectfully request that the above-referenced final plat application be approved as submitted. if you have any questions or need additional information,please give me a call. Sincerely, Arthur J. Anderson AJA/plg cc: Bret Petigo(via fax 972/417-0448) Don Westfall(via fax 972/417-0448) Richard Abernathy(via fax 214/5444040) Claude Thompson(via fax 972/442-8106) DALLAS 1049645nt ubi2u200t-30203.27 Jun-21-2001 04:25om From-WINSTEAD SECHREST & MINICK/2 214-745-5390 T-094 P 002/003 F-9T1 WNSTEAD June 21,2001 direct dial 214.745.5745 aanderson@a winstead.cum VIA FAX 972/442-8106 Ms. Barbara Salinas Wylie City Secretary 2000 Highway 78 North Wylie,TX 75098 Re Fatal Plat Application for Birmingham Farms Phases 2A Final Plat Application for Birmingham Farms Phases 2B Final Plat Application for Birmingham Farma Phases 3A Final Plat Application for Birmingham Farms Phases 3B Dear Ms. Salinas. Our firm represents Centex Homes, the applicant in the above-referenced requests which were denied by the P&Z Tuesday night Centex hereby appeals the denials to the Ciry Council which were apparently based on the grounds that alleys were not included in these plats. The P&Z vote was in error for the following reasons: (i) The City Council has already approved any legally required alley variance by approving the preliminary plats without alleys. I represented the previous landowner when these plats were processed. The City reviewed and approved the preliminary plats and their extensions on the following dates. June 1,1999: P&Z denial of preliminary plats with concerns of traffic congestion, limited points of ingress/egress, open drainage, park dedication and tlioroughfare screening. June 22, 1999: City Council approval of plats stating that plats complied with all applicable subdivision regulations. December 15,2000! 180-day extension of preliminary plats to May 13,2001. The lack of alleys is obvious on the face of the plats and therefore the City has waived any such requirement It is my understanding that approximately 80% of the City's residential subdivisions have been developed without alleys with no formal written variance being processed. Therefore, the City's custom and practice has been to waive the alley requirement by approving all plats which do not show alleys. 5400 khNAissANCE TOWER PH 114 '4i 5400 I fu0.L+:w 5L inn Aw,r.,,, D.!l.., Fin tv.r,b t lot ELM STRICT hAX 211.)1Ii Si90 McXrin C.r, 1ALLAi TEXAS 75270 W INSTEAD COM 1 A lbaod!-nd,. D C Jun-21-2001 04:25pm From-WINSTEAD SECHREST & iAINICK/2 214-745-5390 T-094 P 003/003 F-971 Ms. Barbara Salinas June 21,2001 Page 2 (ii) The Ciry's subdivision ordinance requires the City to approve a final plat which substantially conforms to a•previously approved preliminary plat. Requiring alleys at this stage in the development process will result in a final plat which does not conform to our approved preliminary plat. (iii) The City's subdivision ordinance does not require alleys. I have reviewed the City's subdivision ordinance and it does not require alleys for all residential subdivisions. Chapter 212 of the Texas Local Government Code requires the City to approve a plat meeting the City's subdivision standards. It is my understanding that there is a provision regarding alleys in the City's "Paving Standards,"but there is no reference to"Paving Standards"in the City's Subdivision Ordinance. (iv) Prior to the June 5, 2001 Planning & Zoning Commission meeting, staff recommended denial of these plat applications. At.this meeting, the P&Z directed Centex and staff to meet to determine if alleys could be added without detrimentally impacting Centex's development. This meeting occurred on Friday, June 8. Following the meeting, staff agreed with Centex that adding alleys would be extremely detrimental to Centex and to the City. As a result,staff has now recommended approval of the plats. Staff approval indicates that the plats meet all subdivision requirements. Because platting is a ministerial function,the City Council must approve these plat applications. Centex purchased these four tracts with the expectation of developing 678 lots with no alley requirement. Imposing the alley requirement results in a loss of 101 lots and significantly increased development costs. The approximate damages to my client are as follows if alleys are required: Increased Development Costs: $ 1,600,000.00 Decreased Revenues: $15,500,000.00 We respectfully request that the above-referenced final plat application be approved as submitted. if you have any questions or need additional information,please give me a call. Sincerely, c Arthur J. Anderson AJA/plg CC; Bret Petigo(via fax 972/417-0448) Pon Westfall (via fax 972/417-0448) Richard Abernathy(via fax 214/544-4040) Claude Thompson(via fax 972/442-8106) DALLAS I\3496451\1 06/21/2001-20203.27