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10-08-1991 (City Council) Agenda Packet Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
City of Wylie,
Texas
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
September 30, 1990
A Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
government units and public employee retirement
systems whose comprehensive annual financial
reports (CAFR's) achieve the highest
standards in government accounting
and financial reporting.
r
s �►tE OFFiste •ON
OA
IS
President
ORAn
sA e ��
CNI[AN �'��%'T,1
7 Executive Director
Friday October 4, 1991
Posted 4:00 PM
AGENDA
REGULAR MEETING - CITY COUNCIL
CITY OF WYLIE, TEXAS
7:00 PM - TUESDAY, OCTOBER 8, 1991
COUNCIL CHAMBERS - MUNICIPAL COMPLEX
2000 SH 78 N
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 Presentation of Certificate of
Achievement for Excellence in Financial
Reporting to CITY OF WYLIE for the
Fiscal Year Ended September 30, 1990 -
accepted by Prudence Kling, Acctg.
Supervisor.
2. 2 , S' Proclamation designating October 19-27 ,
}1 1991 as RED RIBBON WEEK in the City of
AdipT i �Grd Wylie, recognizing the efforts of the
�I 4 Texans' War on Drugs and the Greater
f Dallas Crime Commission toward
eliminating the illegal use of drugs .
3. 3 Consider acceptance of letter of
resignation from Bryan Glenn, Chairman
of the Parks and Recreation Advisory
Board .
4. Consider appointment to fill the
unexpired term of Bryan Glenn on the
Parks and Recreation Advisory Board .
5. 4-10 �,4',i1vp) Discuss and Consider approval of
n r' Apr'�� Ordinance establishing an active and
continuing records management program of
CIr government records.
6. 11-13 Discuss and Consider approval of an
Ordinance providing for guidlines and
restrictions concerning maintenance and
use of sums collected and held by the
City as "Reserve/Contingency Funds" as
provided by City Charter .
7. --- Conduct PUBLIC HEARING on proposed
changes to the Wylie Zoning Ordinance
No. 85-23A, namely proposed change in
the rear yard setback requirement on
accessory buildings .
8. 14-25 Discuss and Consider approval of the
proposed changes to Wylie Zoning
Ordinance No. 85-23A, Rear Yard Setback
requirement on accessory buildings .
Approved changes to be in Ordinance
form.
9. 26-28 Discuss and Consider approval of
Interlocal Agreement between City of
Wylie and Collin County which will
extend Springcreek Parkway to South side
of Cotton Belt Railroad and provide
service to proposed Armory.
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
10 29-36 Discuss and Consider approval of Sewage
Treatment Services Contract between
NTMWD, City of Wylie and City of Murphy.
11 37-42 Discuss and Consider proposed Landfill
Closure Contract from Helmberger
Associates .
12. CITIZEN PARTICIPATION
In accordance with the Open Meeting Act,
the City Council will hear comments of
Public interest from citizens residing
within the City Limits of the City of
Wylie . Any discussion must be limited
to placing the item on a future agenda
for future consideration.
Wylie residents wishing to speak before
Council should fill out the form
provided at the back of the Chambers and
should limit remarks to a maximum of
five (5) minutes .
13 Recess Open Meeting
14 Convene Council into Executive Session
under the Authority of Article 6252-17
V.A.C.S., Section 2, paragraph "e" to
discuss litigation Choya Tapp v. City of
Wylie and City of Wylie v. Choya Tapp.
15 Reconvene Council into open session.
16 Consider any action necessary from
Executive Session.
17 Recess regular business meeting and
convene Council into work session in the
Council Conference Room.
18 Discuss Public Works building and
equipment .
19 Discuss underground gasoline storage
tanks .
20 Discuss need for replacement of City
Lift Station at NTMWD site .
21 Discuss computer programming in Finance
Dept .
22 Discuss Personnel Policy Amendment .
23 Discuss 1991-92 budget review.
24 Review extension of Pirate Drive .
25 ADJOURN
PROCLAMATION
WHEREAS, tobacco, alcohol and illegal drug use has reached epidemic
stages, with the 15 to 24 year old age group dying at a rate
which is higher than that of any other age group; and
WHEREAS, in an effort to combat the continuing demand for drugs in
our State, it is imperative that members of our communities
launch visible, unified prevention efforts directed toward
both youth and adult age groups; and
WHEREAS, Governor Ann Richards of Texas is serving as State Honorary
Chairperson, and will help provide a statewide focus for a
Drug-free State during this week long promotion; and
WHEREAS, individuals and groups in business, government, law
enforcement, education, religious institutions, sports teams,
and service organizations, as well as youth, physicians,
senior citizens, members of the Armed Forces, and others
will demonstrate their commitment to drug-free, healthy
lifestyles by wearing and displaying Red Ribbons during Red
Ribbon Week; and
NOW, THEREFORE, I , JOHN W. AKIN, MAYOR OF THE CITY OF WYLIE, TEXAS, do
hereby proclaim the week of October 19-27 , 1991 as RED
RIBBON WEEK in the City of Wylie, Texas, and call upon all
citizens to join me in recognizing the efforts of the
Texans' War on Drugs and the Greater Dallas Crime Commission
toward eliminating the illegal use of drugs in our
communities by sponsoring the Red Ribbon Campaign to foster
a high quality of life for the youth and adults in Texas,
and throughout the United States.
In witness whereof, I have hereunto set my hand, caused the Great Seal
of Wylie, Texas to be affixed this the 8th day of October,
19 91 .
JOHN W. AKIN, MAYOR
CITY OF WYLIE, TEXAS
ATTEST :
Carolyn Jones, City Secretary
1
September 23, 1991
Mr. Bill Nelson, Director
Wylie Parks and Recreation
Copy: City of Wylie Park and Recreation Board Members
Dear Mr. Nelson and Fellow Park Board Members:
I regrettably tender my resignation from the Wylie Parks and
Recreation Board. This decision is due to my acceptance of a
position with a company in Clovis, N.M. . I am pleased with the
positive changes the Parks and Recreation Dept. and Board have been
involved in over the past years. With the current leadership of
the Parks Board and Mr. Nelson' s direction many more good things
shall be in Wylie' s future. I wish all of you the best of luck
with the forth coming challenges and want to thank you for your
support during my tenure as Chairman.
Best Regards,
ryan Glenn
MEMORANDUM
DATE : October 2 , 1991
TO : Mayor and City Council
FROM: Carolyn Jones , Acting City Manager
RE: Ordinance Establishing a Records Management Program
The Texas State Library , Local Records Division was
successful in getting the legislature to pass the Local
Government Act of 1989 . The law went into effect on
September 1 , 1989 and sets out the duties and
responsibilities of local government offices and the Texas
State Library for preservation of local government records .
The City Council did approve the City Secretary as the
Records Manager but they have never adopted an ordinance or
a records management program .
The adoption of this ordinance will establish this program.
The program entails a lot of work and man hours . The City
needs to get in compliance as soon as possible , before the
State audits our records program and finds us in non-
compliance .
ORDINANCE NO.
AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS , ESTABLISHING AN
ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM OF
GOVERNMENT RECORDS .
WHEREAS , Title 6 , Subtitle C, Local Government Code
( Local Government Records Act ) provides that a municipality
must establish by Ordinance an active and continuing records
management program to be administered by a Records
Management Officer ; and
WHEREAS , the City of Wylie desires to adopt an
Ordinance for that purpose and to prescribe policies and
procedures consistent with the Local Government Records Act
and in the interests of cost-effective and efficient
recordkeeping ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS , as follows :
Section 1 . DEFINITION OF MUNICIPAL RECORDS
All documents , papers , letters , books , maps , photographs ,
sound or video recordings , microfilm , magnetic tape ,
electronic media , or other information recording media ,
regardless of physical form or characteristic and regardless
of whether public access to it is open or restricted under
the laws of the state , created or received by City of Wylie
or any of its officers or employees pursuant to law or in
the transaction of public business are hereby declared to be
the records of the City of Wylie and shall be created ,
maintained , and disposed of in accordance with the
provisions of this Ordinance or procedures authorized by it
and in no other manner .
Section 2 . ADDITIONAL DEFINITIONS
( 1 ) "Department head " means the officer who by
ordinance , order , or administrative policy is in charge of
an office of the City of Wylie that creates or receives
records .
( 2) "Essential record" means any record of the City of
Wylie necessary to the resumption or continuation of
operations of the City of Wylie in an emergency or disaster ,
to the re-creation of the legal and financial status of the
City of Wylie , or to the protection and fulfillment of
obligations to the people of the state .
( 3) "Permanent record" means any record of the City of
Wylie for which the retention period on a records control
schedule is given as permanent .
(4) "Records control schedule" means a document
prepared by or under the authority of the Records Management
Officer listing the records maintained by the City of Wylie ,
their retention periods , and other records disposition
information that the records management program may require .
( 5) "Records management" means the application of
management techniques to the creation , use , maintenance ,
retention , preservation , and disposal of records for the
purposes of reducing the costs and improving the efficiency
of recordkeeping . The term includes the development of
records control schedules , the management of filing and
information retrieval systems , the protection of essential
and permanent records , the economical and space-effective
storage of inactive records , control over the creation and
distribution forms , reports , and correspondence , and the
5v
management of micrographics and electronic and other records
storage systems .
( 6) "Records liaison officers" mean the persons
designated under Section 10 of this Ordinance .
( 7 ) "Records management committee" means the committee
established in Section 6 of this Ordinance .
( 8) "Records management officer" means the person
designated in Section 5 of this Ordinance .
( 9) "Records management plan" means the plan developed
under Section 7 of this Ordinance .
( 10) "Retention period" means the minimum time that
must pass after the creation , recording , or receipt of a
record , or the fulfillment of certain actions associated
with a record , before it is eligible for destruction .
Section 3 . MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY
All municipal records as defined in Sec . 1 of this ordinance
are hereby declared to be the property of the City of Wylie .
No municipal official or employee has , by virtue of his or
her position , any personal or property right to such records
even though he or she may have developed or compiled them.
The unauthorized destruction , removal from files , or use of
such records is prohibited .
Section 4 . POLICY
It is hereby declared to be the policy of the City of Wylie
to provide for efficient , economical , and effective controls
over the creation , distribution , organization , maintenance ,
use and disposition of all municipal records through a
comprehensive system of integrated procedures for the
management of records from their creation to their ultimate
disposition , consistent with the requirements of the Texas
Local Government Records Act and accepted records management
practice .
Section 5 . DESIGNATION OF RECORDS MANAGEMENT OFFICER
The City Secretary , and the successive holders of said
office , shall serve as Records Management Officer for the
City of Wylie . As provided by state law, each successive
holder of the office shall file his or her name with the
director and librarian of the Texas State Library within
thirty days of the initial designation or of taking up the
office , as applicable .
SECTION 6 . ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE ;
DUTIES
A Records Management Committee consisting of the City
Secretary is hereby established . The committee shall :
(a) assist the Records Management Officer in the
development of policies and procedures governing the records
management program;
(b) review the performance of the program on a regular
basis and propose changes and improvements if needed ;
( c) review and approve records control schedules
submitted by the Records Management Officer ;
(d) give final approval to the destruction of records
in accordance with approved records control schedules ; and
( e) actively support and promote the records management
program throughout the City of Wylie .
SECTION 7 . RECORDS MANAGEMENT PLAN TO BE DEVELOPED;
APPROVAL OF PLAN , AUTHORITY OF PLAN.
(a) The Records Management Officer and the Records
Management Committee shall develop a records management plan
for the City of Wylie for submission to the City Council .
The plan must contain policies and procedures designed to
reduce the costs and improve the efficiency of
recordkeeping , to adequately protect the essential records
of the municipality , and to properly preserve those records
of the municipality that are of historical value . The plan
must be designed to enable the Records Management Officer to
carry out his or her duties prescribed by state law and this
Ordinance effectively .
(b) Once approved by the City Council the records
management plan shall be binding on all offices ,
departments , divisions , programs , commissions , bureaus ,
boards , committees , or similar entities of the City of Wylie
and records shall be created , maintained , stored ,
microfilmed , or disposed of in accordance with the plan .
( c) State law relating to the duties , other
responsibilities , or recordkeeping requirements of a
department head do not exempt the department head or the
records in the department head' s care from the application
of this Ordinance and the records management plan adopted
under it and may not be used by the department head as a
basis for refusal to participate in the records management
program of the City of Wylie .
SECTION 8 . DUTIES OF RECORDS MANAGEMENT OFFICER
In addition to other duties assigned in this Ordinance , the
Records Management Officer shall :
( 1 ) administer the records management program and
provide assistance to department heads in its
implementation ;
( 2) plan , formulate , and prescribe records disposition
policies , systems , standards , and procedures ;
( 3) in cooperation with department heads identify
essential records and establish a disaster plan for each
municipal office and department to ensure maximum
availability of the records in order to re-establish
operations quickly and with minimum disruption and expense ;
(4) develop procedures to ensure the permanent
preservation of the historically valuable records of the
city ;
( 5) establish standards for filing and storage
equipment and for recordkeeping supplies ;
( 6) study the feasibility of and , if appropriate ,
establish a uniform filing system and a forms design and
control system for the City of Wylie .
( 7 ) provide records management advice and assistance to
all municipal departments by preparation of a manual or
manuals or procedure and policy and by on-site consultation ;
( 8) monitor records retention schedules and
administrative rules issued by the Texas State Library and
Archives Commission to determine if the records management
program and the municipality' s records control schedules are
in compliance with state regulations ;
( 9) disseminate to the City Council and department
heads information concerning state laws and administrative
rules relating to local government records ;
( 10) instruct Records Liaison Officers and other
personnel in policies and procedures of the records
management plan and their duties in the records management
program;
( 11 ) direct Records Liaison Officers or other personnel
in the conduct of records inventories in preparation for the
development of records control schedules as required by
state law and this Ordinance .
( 12) ensure that the maintenance , preservation ,
microfilming , destruction , or other disposition of
municipality is carried out in accordance with the policies
and procedures of the records management program and the
requirements of state law;
( 13) maintain records on the volume of records
destroyed under approved records control schedules , the
volume of records microfilmed or stored electronically , and
the estimated cost and space savings as the result of such
disposal or disposition ;
( 14 ) report annually to the City Council on the
implementation of the records management plan in each
department of the City of Wylie including summaries of the
statistical and fiscal data complied under Subsection ( 13) ;
and
( 15 ) bring to the attention of the City Council non-
compliance by department heads or other municipal personnel
with the policies and procedures of the records management
program or the Local Government Records Act .
SECTION 9 . DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS
In addition to to other duties assigned in thus Ordinance ,
department heads shall :
( 1 ) cooperate with the Records Management Officer in
carrying out the policies and procedures established in the
City of Wylie for the efficient and economical management of
records and in carrying out the requirements of this
Ordinance .
( 2) adequately document the transaction of government
business and the services , programs , and duties for which
the department head and his or her staff are responsible ;
and
( 3) maintain the records in his or her care and carry
out their preservation , microfilming , destruction , or other
disposition only in accordance with the policies and
procedures of the records management program of the City of
Wylie and the requirements of this Ordinance .
SECTION 10. DESIGNATION OF RECORDS LIAISON OFFICERS
Each department head shall designate a member of his or her
staff to serve as Records Liaison Officer for the
implementation of the records management program in the
department . If the Records Management Officer determines
that in the best interests of the records management program
more than one Records Liaison Officer should be designated
for a department , the department head shall designate the
number of Records Liaison Officers specified by the Records
Management Officer . Persons designated as Records Liaison
Officers shall be thoroughly familiar with all the records
created and maintained by the department . In the event of
the resignation , retirement , dismissal , or removal by action
of the department head of a person designated as a Records
Liaison Officer , the department head shall promptly
designate another person to fill the vacancy . A department
head may serve as Records Liaison Officer for his or her
department .
SECTION 11 . DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON
OFFICERS
In addition to other duties assigned in this Ordinance ,
Records Liaison Officers shall :
(a) conduct or supervise the conduct of inventories of
the records of the department in preparation for the
development of records control schedules ;
( b) in cooperation with the Records Management Officer
coordinate and implement the policies and procedures of the
records management program in their departments ; and
( c) disseminate information to department staff
concerning the records management program .
SECTION 12 . RECORDS CONTROL SCHEDULES TO BE DEVELOPED;
APPROVAL; FILING WITH STATE
(a) The Records Management Office , in cooperation with
department heads and Records Liaison Officers , shall prepare
records control schedules on a department by department
basis listing all records created or received by the
department and the retention period for each record .
Records control schedules shall also contain such other
information regarding the disposition of municipal records
as the records management plan may require .
( b) Each records control schedule shall be monitored
and amended as needed by the Records Management Officer on a
regular basis to ensure that it is in compliance with
records retention schedules issued by the state and that it
continues to reflect the recordkeeping procedures and needs
of the department and the records management program of the
City of Wylie .
( c) Before its adoption a records control schedule or
amended schedule for a department must be approved by the
department head and the members of the Records Management
Committee .
(d) Before its adoption a records control schedule must
be submitted to and accepted for filing by the director and
librarian as provided by state law. If a schedule is not
accepted for filing , the schedule shall be amended to make
it acceptable for filing . The Records Management Officer
shall submit the records control schedules to the director
and librarian .
SECTION 13 . IMPLEMENTATION OR RECORDS CONTROL SCHEDULES ;
DESTRUCTION OF RECORDS UNDER SCHEDULE
(a) A records controls schedule for a department head
that has been approved and adopted under Section 7 shall be
implemented by department heads and Records Liaison Officers
according to the policies and procedures of the records
management plan .
(b) A record whose retention period has expired on a
records control schedule shall be destroyed unless an open
records request is pending on the record , the subject matter
of the record is pertinent to a pending law suit , or the
9
department head requests in writing to the Records
Management Committee that the record be retained for an
additional period .
( c) Prior to the destruction of a record under an
approved records control schedule , authorization for the
destruction must be obtained by the Records Management
Officer from the Records Management Committee .
SECTION 14 . DESTRUCTION OF UNSCHEDULED RECORDS
A record that has not yet been listed on an approved records
control schedule may be destroyed if its destruction has
been approved in the same manner as a record destroyed under
an approved schedule and the Records Management Officer has
submitted to and received back from the director and
librarian an approved destruction authorization request .
SECTION 15 . RECORDS CENTER
A records center , developed pursuant to the plan required by
Section 7 , shall be under the direct control and supervision
of the Records Management Officer , Policies and procedures
regulating the operations and use of the records center
shall be contained in the records management plan developed
under Section 7 .
SECTION 16 . MICROGRAPHICS
Unless a micrographics program in a department is
specifically exempted by order of the City Council , all
microfilming of records will be centralized and under the
direct supervision of the Records Management Officer . The
records management plan will establish policies and
procedures for the microfilming of municipal records ,
including policies to ensure that all microfilming is done
in accordance with standards and procedures for the
microfilming of local government records established in
rules of the Texas State Library and Archives Commission .
The plan will also establish criteria for determining the
eligibility of records for microfilming and protocols for
ensuring that a microfilming program that is exempted from
the centralized operations is , nevertheless , subject to
periodic review by the records management officer as to
cost-effectiveness , administrative efficiency , and
compliance with commission rules .
PASSED AND APPROVED by the City Council of the City of
Wylie , Texas , this day of , 1991 .
John Akin , Mayor
ATTEST:
Carolyn Jones , City Secretary
APPROVED AS TO FORM:
Steven P. Deiter , City Attorney
/D
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR
GUIDELINES AND RESTRICTIONS CONCERNING THE MAINTENANCE AND USE OF
ANY SUMS COLLECTED AND HELD BY THE CITY AS "RESERVE/CONTINGENCY
FUNDS" UNDER THE AUTHORITY OF ARTICLE VII SECTION 3 A(11) OF THE
WYLIE CITY CHARTER; PROVIDING FOR A PENALTY FOR THE VIOLATION
THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH, AND FURTHER
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VII Section 3 A (11 ) of the Wylie City
Charter provides that the contents of the City ' s budget for each
fiscal year shall included a "reserve/contingency fund, not to
exceed 5% of the proposed expenditures from the major operating
funds" and,
WHEREAS, the governing body has every intention and desire
of satisfying such requirement in adopting and administering
annual budgets containing such an appropriation; and
WHEREAS, the governing body is concerned as to how such
funds will be maintained , managed , and expended once they have
been set aside and allocated to the reserve/contingency fund and
there does not currently exist any restrictions or directions
concerning such matters; and
WHEREAS, the governing body has in its legislative capacity
determined that the welfare of the City and the intent of the
City Charter would both best facilitated by placing reasonable
restrictions on the use of the funds so appropriated and set
aside into the reserve/contingency fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS, as follows :
SECTION 1 .
There is hereby established a fund known as the
"Reserve/Contingency Fund" (herein referred to as the fund) City
of Wylie, Texas to be held , set aside, and maintained separately
from all other funds , monies and accounts of the City of Wylie.
SECTION 2 .
Any sums budgeted and appropriated pursuant to Article VII
Section 3 A (11) of the Wylie City Charter shall be placed into
the fund directly from ad valorem tax revenues .
SECTION 3 .
The amount so budgeted and appropriated in each fiscal year
shall be transferred into the fund, either incrementally or in
one lump sum, the first six months of each fiscal year and shall
be fully transferred and funded by April 1 of each fiscal year.
//
SECTION 4 .
All monies funds placed and held in the fund shall be
deposited in interest bearing accounts which shall be clearly
identified as "Reserve/Contingency Fund" and shall be invested
only in accordance with applicable rules and provisions of the
Wylie City Charter and state law.
SECTION 5 .
All interest earned on such funds shall be retained in and
credited to the fund and shall not be removed therefrom except as
hereinafter provided .
SECTION 6 .
The sums in the fund shall in no event be borrowed from, or
by, any other fund or department of the City; nor shall they be
pledged as security for any debt or other obligation of the City;
nor shall they be otherwise encumbered in any way whatsoever.
SECTION 7 .
Monies may be removed from the fund only upon the adoption
of a resolution by the City Council which declares the existence
of an emergency condition , by which the health and welfare of the
City and/or its governmental operations will be substantially
threatened or impaired if such transfer is not authorized; which
said resolution must be passed by unanimous affirmative vote of
all of the then occupied positions of Mayor , Mayor Pro-Tem and
City Councilmen .
SECTION 8 .
Any violations of this ordinance, specifically including
without limitation the removal of funds other than as provided in
the preceding paragraph or movement of the funds as provided in
paragraph six , shall subject the person or persons authorizing or
taking such actions to be ouster where such persons are elected
officials or immediate termination of employment if such person
is an employee of the City.
SECTION 9 .
This ordinance shall be and is hereby declared to be
cumulative of all ordinances of the City and shall operate to
repeal or effect any of such other ordinances except and so far
as the provisions thereof are inconsistent or in conflict with
the provisions hereof . and to the extent of such conflict or
inconsistence, if any such other ordinances are hereby repealed.
SECTION 10 .
Should any paragraph, sentence, subdivision , clause , phrase
or section of this ordinance be adjudged or held to be
unconstitutional , illegal or invalid , the same shall not effect
the validity of this ordinance as a whole or any part or
provision thereof, other than the parts so declared to be
invalid, illegal or unconstitutional .
/;3
SECTION 11 .
This ordinance shall take effect immediately from and after
its passage and the publication of the caption as the law and the
Charter in such cases provide.
DULY PASSED AND APPROVED by the City Council of the City of
Wylie, Texas this day of , 1991 .
City of Wylie, Texas
APPROVED:
John Akin, Mayor
ATTEST:
Carolyn Jones, City Secretary
APPROVED AS TO FORM:
Steven P. Deiter , City Attorney
MEMORANDUM
TO: CAROLYN JONES, CITY MANAGER
THE CITY COUNCIL
FROM: RICK HERZBERGER, BUILDING OFFICIAL
DATE: OCTOBER 2 , 1991
SUBJECT: ACCESSORY BUILDING REGULATIONS - PUBLIC HEARING
In an effort to remove conflicting accessory building
regulations within the Zoning Ordinance as well as the
strict setback regulations , the Planning and Zoning
Commission conducted a workshop on July 15 , 1991 and a
Public Hearing on September 30 , 1991 , in order to prepare a
Zoning Ordinance amendment proposal for you consideration.
I am attaching to this memorandum, a five city survey
concerning accessory buildings (section I ) The Wylie
existing accessory regulations (section II ) and the Planning
and Zoning recommendation (section III ) . I have also
included related sections of the Zoning Ordinance with
proposed changes indicated, as these section will be
reflected in the final Zoning Ordinance amendment , to be
presented at the next City Council meeting .
The enforcement dilemma of the current accessory
regulations , evolved around the 25 feet rear setback minimum
for the main building in conjunction with various
subdivision lots meeting only the required minimum lot depth
(100 feet - 120 feet ) . The construction of a 60-70 foot
length home ( largest house possible , without exceeding the
45% lot cover rule) within the minimum lot depth, left it
impractical , to place an accessory building on the lot .
Example : 110 feet deep lot with 60 feet deep home , 25 feet
front setback, 25 feet rear setback = 25 feet rear yard for
placement of accessory building . Current accessory
regulations require a 15 feet setback form house , and a 10
feet setback from rear property line = No allowable
accessory building . Even with larger rear yard depth, the
current regulations place the accessory building in the
middle of the yard, as is the case at Pointe North, Rustic
Oaks , Eastridge , Westgate and Newport Harbor subdivisions .
Accessory buildings are designed to benefit the homeowner
with zoning regulations ordained to provide fire protection
and to encourage the most appropriate use of the land .
RESIDENTIAL ACCESSORY BUILDING REGULATIONS
I . Area cities setbacks regulations :
A. Rowlett and Mckinney - max size = 600 square feet .
(1) Side = 5 feet in all districts showing main
building setbacks of 6 , 7 , and 8 feet : (based
on 10% of lot width) 3 feet setback if 90
feet from front line.
(2) Corner lot = same for dwelling setback on
side yard. ( 20 feet )
(3) Rear = 3 feet or 18 inches if alley exists .
( 4) House separation = must meet Uniform Building
Code requirements .
(5) Garage and carports = same as accessory
buildings .
B. Plano and Garland - size based on percent of area
covered .
(1) Side = 3 feet in all districts showing main
building setbacks of 6 through 10 feet .
Setback of accessory building is from
lotline , alley line or easement .
( 2 ) Corner lot - 15 feet side yard .
(3) Rear - 3 feet from lotline , alley line, or
easement , unless no alley exists , then 10
feet rear set back ( 8 feet height maximum on
building if less than 10 feet from rear) .
( 4) House separation = on 3 feet side setback, 15
feet distance from house, and if accessory
building meets dwelling setback requirements ,
then house separation is 3 feet .
( 5) Carports entered form side are to meet main
building setback .
Garages entered from side are to meet
20 foot setback.
Carports 'and garages behind main building and
closer than 15 feet to main building shall
have a rear yard equivalent to main building
rear yard.
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•
•
•
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Carports can be 3 feet from rear line, if
alley exists .
Garage entrance from alley , then 20 feet rear
setback to alley or easement line .
(NOTE: Garages mentioned above are all detached! )
C. Richardson - max size = 600 square feet .
(1) Side - 3 feet in all districts (main setbacks
on percent of lot width) .
( 2) Corner lot - 20 feet in all districts .
(3) Rear - 3 feet to 18 inches if alley exists .
(4) House separation = meet Code requirements .
(5) Detached garage and carports - 600 square
feet maximum size , can not be in side yard,
10 feet from main building , rear = 3 feet or
18 inches if alley exists .
( 6) Attached garage and carport in rear must meet
Code requirements as well as main building
set backs .
II . Wylie' s existing setbacks regulations - Zoning
Ordinance 85-23A.
A. Section 9 , 10 , 11 , and 12 concerning single
family accessory building :
(1) Side = 5 feet from side yard .
(2) Corner lot = 20 feet in SF-1 , and 20 feet
in SF-2 , SF-3 and 2F.
(3) Rear = 10 feet .
( 4) House separation = Not stated in these
sections .
( 5) Detached and attached garage and carport -
not stated.
( 6) Size = 400 square feet maximum.
B. Section 25 - Accessory Building Regulations .
(1) Side - 6 feet from lot line , alley line, or
easement line - conflict with district
regulations
(2) Corner = 20 feet setback .
•
If '
(3) Rear = 10 feet from lot line, alley line, or
easement line .
(4) House separation = No direct mention, only
vague , but applicable statement in 25 . 4 (c)
which requires 15 feet setback from house .
(5) Garage and carports = 15 feet from house, 6
feet from side, 20 feet from street or alley
line , on which it faces .
( 6) Attached accessory building in front
(carports) must have 25 feet front yard,
detached accessory buildings must be located
in rear yard.
(7 ) Accessory building height manimum is 25 feet.
- conflict with district regulations .
III . Planning and Zoning recommendations
A. Basic changes on accessory building regulations :
(1) Proposed changes of the rear yard "setback" regulation
on accessory buildings form 10 feet to 3 feet on zoning
districts SF-1 , SF-2 , SF-3 AND 2F = Sections 9 . 2 (c) ,
10 . 3 (c) , 11 . 3 ( c) and 12 . 3 (c) . Also add 5 feet
minimum side yard regulation to section 10 . 3 (b) ,
11 . 3 (b) and 12 . 3 (b) . In section 9 . 0 ( 10) change last
sentence to : Accessory building 600 square feet or
less .
( 2) Proposed changes of the area regulation for accessory
buildings in Residential and Apartment districts ,
section 25 , are :
25 . 3 Change allowed accessory height from 25 feet to 15
feet .
25 . 4 (la) Change this subsection to read " Accessory
buildings and carports shall be located in the
area defined as the rear yard. "
25 . 4 (lb) Change side yard requirements from 6 feet to
5 feet in order to coincide with SF-1 , SF-2 , SF-3
and 2F requirement of 5 feet side yard .
25 . 4 (lc) Change rear yard requirement from 10 feet to
5 feet in order to coincide with the proposed rear
yard changes to zone districts SF-1 , SF-2 SF-3
and 2F. Also , remove last paragraph of this
subsection.
25 . 4 (1d) Change this subsection to read "Attached rear
yard garage and carports shall meet all code
requirements for fire resistance separations from
main building as well as required rear yard
setbacks . Detached rear yard garages and carports
shall he no closer than 5 feet to the main
building . Detached garage shall have a 20 feet
rear setback. Detached carport shall have a 15
feet rear setback. All accessory buildings shall
be a minimum of 5 feet from the main building . "
25 . 4 ( 2) Add this subsection to read "maximum square
foot area for an accessory building is 600 square
feet . "
NOTE: THE WYLIE ZONING ORDINANCE - SECTION 32 DEFINES AN
ACCESSORY BUILDING (RESIDENTIAL) AS FOLLOWS:
32 . 1 Accessory building - ( residential ) - A
subordinate building detached from the main
building and used for purposes customarily
incidental to the residential occupancy of the
main building and not involving the conduct of a
business of the sale of a service . Accessory
buildings include but are not limited to an
automobile storage aaraae , laundry room, garden
shelter , hobby room and mechanical room.
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SECTION 9 buildings, including a private garage
"SF-1" — SLNGLE FAMILY and bonafide servants quarters,not
RESIDENTIAL. DISTRICT for rent but for the use of servants
REGULATIONS employed on the premises, when
located not less than sixty feet(60)
from the front lot line,nor less than
f 9.0 Permitted Use$: A building or premise
REMAINS five feet (5) from either side line,
THE
shall be used only for the following uses: SAME provided said accessory building
shall not occupy more than fifty
(1) Single-family dwellings. percent (50%) of the minimum
required rear yard in the case of a
(2) Farms, nurseries, greenhouses or truck one-story building. When the
gardens, limited to the propagation and accessory building is directly
cultivation of plants, provided no retail attached to the main building it shall
or wholesale business is conducted on be considered an integral part of the
the premises. main buildings. When the accessary
building is attached to the main
(3) Church or rectory. building by a breezeway, the
CHANGE To: eway is considered a part of the
(4) Parks. playgrounds, community Accessory accessory building. Temporary
buildings metal buildings less than four
buildings, museums and other public 600 S.F.' g
recreational facilities, owned and/or or less hundred (400) square feet which are
operated by the municipality or other used for cool and supply storage.
public agency; and privately owned and
maintained recreation arras. (11) Telephone exchange provided no public
business and no repair or outside storage
(5) Public buildings, including libraries, facilities are maintained, gas lines and
museums, police and fire stations and regulating stations, electrical lines and
similar public uses or facilities. local utility lines.
(6) Real estate sales offices in model homes (12) Sewage treatment plant(public operated).
during the development of residential
subdivisions, but not to exceed two (2) (13) Swimming pool (private)constructed for
vim, use of residents and located in required
rear or side yard. A pool shall not be
(7) Public schools or denominational closer than five feet (5) to any property
(kindergarten through high school). line.
(8) Temporary buildings for uses incidental (14) Water treatment plant_
to construction work on the premises,
which said buildings shall be removed (15) Non-commercial stables as an accessory
upon the completion or abandonment of use to the housing of animals owned by
construction work. The building official the resident and set back from adjacent
shall determine the appropriate time property lines a minimum distance of
period for use on the site. one hundred feet(100'). An area of one-
. half(1/L) acre shall be required for each
(9) Publicly owned water supply reservoirs. animal.
pumping plants and towers.
(16) Home occupation (for definition see
(10) Accessory buildings and uses. Section 32).
. . customarily incident to the above uses-— __ . .. _.__ _.-
REMAINS and located on the same lot therewith, _ (17) Tennis court(private).
THEE not involving the conduct of a retail
business except as provided herein (18) Batch plant, temporary during
construction when permitted by code
(a) The term accessory use shall enforcement and limited to the
• include customary home occupations subdivision for which they are permitted.
as herein defined- Accessory
it
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The following specific uses when granted in No side yard for allowable non-residential
accordance with Section 22: uses shall be less than twenty-five feet
REMAINS (25'). Minimum side yard for accessory
(1) Cemetery or mausoleum. THE SAME uses shall be five feet (5'f'h'om the
property line.
(2) Charitable organization.
(c) Rear Yard: There shall be a rear
(3) Universit
y, college or parochial school yard,a depth of not less than twenty-five
and related facilities(public or private). feet (25). Minimum rear yard for
CHANGE accesso• b ' clings shall be not less than
(4) Country club or golf course and related TO 3' ten feet D from the property line.
uses such as driving ranges but not
including similar forms of commercial (2) Size of Lot:
amusement such as miniature golf.
(a) Lot Area: No building shall be
(5) Day nursery, day camp or child care
constructed on any lot of less than ten
center. thousand(10,000)square feet.
(6) Electric substation. (b) Lot width: Seventy-five feet (15')
(7) Hospital. (minimum).
(8) Museum,library or art gallery. (c) Lot Deoth: One hundred twenty feet
(120') (minimum).
(9) Post office.
(3) Minimum Dwelling Size: The
(10) Radio,television or microwave tower. minimum floor area of any dwelling
shall be one thousand eight hundred
(11) Golf course,public. (1,800)square feet,exclusive of garages,
breezeways and porches.
(12) Private club.
(.) Lot Coverage: In no case shall more
§ 9.1 Height Regulations: No buildings shall than forty-five percent(45%)of the total
exceed thirty feet (30') in height. Accessory lot area be covered by the area of the
buildings or uses shall be a maximum of fifteen main building. A maximum total of
feet(15). sixty percent (60%) may be covered
•
including accessory buildings,driveways
§ 9.2 Area Regulations: and parking.
(1) Size of Yards• § 9.3 Parking Regulations. Two (2) covered
enclosed parking spaces behind the front building
(a) Front Yard: There shall be a front line. Off-street parking spaces shall be provided in
yard having a depth of not less than accordance with the requirements for specific uses
twenty-five feet set forth in Section 23.
ry• (25� as measured from
the front property line. Where lots have
double frontage, running through from • SECTION 10
one street to another, the required front "SF-2" — SINGLE FAMILY
yard shall be provided on both streets. RESIDENTIAL DISTRICT
No required parking shall be allowed REGULATIONS
within the required front yard. There
-- -REMAINS THE shall be a sixty foot(60) (minimum)for
SAME all buildings bungs or uses. - - - •
—
f 10.1 Permitted Uses A building or premise
(b) Side Yard: There shall be a side yard shall be used only for the following purposes:
on each side of the lot having a width of
• not less than eight feet(8') in width. A (1) Any use permitted in the"SF-1"district
side yard adjacent to a side street shall
not be less than twenty-five feet (25').
page 7
( jo )
The following specific uses when granted in . non-residential uses shall be less than
accordance with Section 22. twenty-five feet(25').
(1) Cemetery or mausoleum. . (c) Rear Yard: There shall-be a rear
ard.a depth of not less than twenty-five
(2) Charitable organization. CHANGE feet (25'). Minimum rear yard for
TO 3' access°. • ' dings shall be not less than
(3) University, college or parochial school ten feet in.
and related facilities(public or private).
(2) Size of Lot:
(4) Country club or golf course and related
uses such as driving ranges but not (a) Lot Area: No building shall be
including similar forms of commercial constructed on any lot of less than eight
amusement such as miniature golf. thousand five hundred(8.500)square feet.
(5) Day nursery. day camp or child care (b) Lot Width: The width of the lot
center. shall be not less than seventyfeet
(70).
(6) Electric substation.
(c) j,ajapth.: One hundred twenty feet
(7) Museum,library or art gallery. (120').
(8) Post office. (3) Minimum Dwelling Size: The
minimum floor area of any dwelling
(9) Radio.television or microwave tower. shall be fifteen hundred (1500) square
feet. exclusive of garages. breezeways
(10) Golf course,public. and porches.
(11) Private club. (4) Lot Coverage: In no case shall more
than forty-five percent(45%)of the total
§ 10.2 Height Regulations: No building shall lot area be covered by the area of the
exceed thirty feet (30') in height. Accessory uses main buildings. A maximum of sixty
of buildings shall be a maximum of fifteen feet percent (60%) of the total lot may be
(15). covered by accessory buildings.
driveways and parking.
§ 10.3 Area Regulations:
§ 10.4 Parking Regulations: Two (2) covered.
(1) ,Sipe nFY4; enclosed spaces behind the front building line.
Off-street parking spaces shall be provided in
(a) Front Yard: There shall be a frontaccordance with the requirements for specific uses
set forth in Section 23.
yard having a depth of not less than
twenty-five feet (25) as measured from
the front property line. Where lots have SECTION 11
double frontage. running through from "SF-I" — STNGL.F, F4MTLY
one street to another, the required front
yard shall be provided on both streets. RF.SII)F.�I'IIAL DTSTRTCT
No required parking shall be allowed REGULATION
jthin the required front yard. A sixty •
foot (60) setback, from the property
REMTHE SINSAMEline. is required for all accessory § 11.1 Use Regulations A building or premise
- ' buildings: - - - •-- : . —••• -shall be used only for the following purposes._--- .
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ADD: (b) Side Yard: Thee shall be a side yard (1) Any use permitted in district "SF P or
Minimum side yard on each side of the lot having a width of "SF-2."
for accessory not less than seven feet(7')in width foe
• buildings shall be 5' all buildings. A side yard adjacent to a The following specific uses when granted in
side street shall be not less than twenty accordance with Section 22:
feet (201. No side yard for allowable
page 8
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(1) Cemetery or mausoleum. CHANGE accesso% . 'ldings shall be not less than
TO 3' ten feet
(2) Charitable organization.
(2) Size of Lot:
(3) University, college or parochial school
and related facilities(public or private). (a) Lot Area: No building shall be
constructed on any lot of less than seven
(4) Country club or golf course and related ' thousand two hundred(7,200)square feet.
uses such as driving ranges but not
including similar forms of commercial (b) Lot Width: The width of the lot
amusement such as miniature golf. shall be not less than sixty feet (60) at
the front street building line.
(5) Day nursery, day camp or child care
center.
(c) Lot Dcnch:The average depth of the
(6) Electric substation. lot shall be not less than one hundred
feet(100).
(7) Museum,library or art gallery. (3) Minimum Dwelling Size: The
(8) Post office. minimum floor area of any dwelling
shall be eleven hundred (1100) square
• feet,exclusive of garages and breezeways
(9) Radio. television or microwave tower. and Niches.
(10) Golf courses.public.
(4) Lot Coverage: In no case shall more
(11) Private club. than forty-five percent(45%)of the total
lot area be covered by the main building.
11.2 Height Regulations: No building shall Not more than sixty percent(60%)of the
exceed thirtyfeet 30 total lot may be covered by the main
( in height. Accessory uses structure,accessory buildings,driveways
shall be a maximum of fifteen feet(15) in height and parking.
§ 11.3 Area Reguladonv
§ 11.4 Parking Regulations: Two (2) covered,
(1) Size of Yards: enclosed parking spaces per unit behind the front
building line. Off-street parking spaces shall be
(a) Front Yard: There shall be a front provided in accordance with the requirements for
yard having a depth of not less than specific uses set forth in Section 23.
twenty-five feet(25) as measured 6vm
the front building line. Where lots have • SECTION 12
double frontage, running through-from "2F" — 'MO FAMILY RESIDENTIAL
one street to another, the required front DISTRICT REGULATIONS
yard shall be provided on both streets.
No required parking shall be allowed
within the required front yard. A sixty General Purpose
REMAINS foot (60') setback is required for all and Description — The "2F-1"
THE SAME accessory uses. district is intended to provide the opportunity to
_ have development which is two-family(duplex)in
ro , ide Yard: There shall be a side yard character, but which encourages individual .
ADD: on each side of the lot having a width of ownership of all dwelling units. This is permitted
Minimum side yard for not less than six feet (6'). A side yard by dividing the typical duplex lot from front to
Acc83Sdry Buildings adjacent to a side street shall be not leas — - .back, thus encouraging the sale of each dwelling_____
shall be 5' than.twenty feet(20'). No side yard for - unit and the land upon which it sits, to the
allowable non-residential uses shall be occupant
less than twenty-five feet(25).
f 12.1 Use Regulations A building or premise
(c) Rear Yard: There shall be a rear shall be used only for the following purposes:
yard,a depth of not less than twenty-five
feet (25). Minimum rear yard for (1) Two-family residence(duplex).
page 9
(2) Batch plant. temporary during non-residential uses shall be less than
construction when permitted by code 'twenty-five feet(25).
enforcement and limited to the
subdivision for which they are permitted. (c) Rear Yard: There shall be a rear yard
._...bpving a depth of not less than twenty-
The following specific uses when granted in five feet (25). Minimum rear yard for
accordance with Section 22: CHANGE 3 accesso . ' dings shall be not less than
ten feet •10').
• (1) Cemetery or mausoleum.
(2) Size of Lot;
(2) Charitable organization.
University. (a) Lot Area: No building shall be
(3) ty. college or parochial school constructed on any lot of less than eight
and related facilities (public or private). thousand five hundred(8,500)square feet
or
(4) Country club or golf course and related our thousand two hundred fifty
uses such as driving ranges but not ( ,2S0)square feet per unit.
ipcluding similar forms •of commercial (b) Lots in the "2F" district must be
amusement such as miniature golf. platted in pairs such that a duplex unit
(5) Day nursery. day camp or child care may be placed on each pair of lots. The
subdivision plat shall designate the pairs
center. of lots and which lot lines are to be
(6) Electric substation. outside lot lines of each pair. There
shall be only one (1) dwelling unit per
lot, and no dwelling unit shall cross a lot
(7) Museum.library or art gallery. line. No single-family detached dwelling
(8) Post office, may be constructed on one of the
designated pair of lots.
•
(9) Radio,television or microwave tower. (c) Lot Widttl: The width of the lot
(10) Golf course.public. shall be determined by the construction
width of individual dwelling units or
(11) Private club. dwelling units considering side yards as
required above, but in no case shall the
§ 12.2 )?eight Regulations: No building shall width of a pair of lots be less than eighty
feet(80) (forty feet(40)per unit).
exceed thirty feet (30') in height. Accessory
buildings shall not exceed fifteen feet (15) in (d) The average depth of the lot shall be
height. not less than one hundred feet(100).
§ 12.3 Area Relations:
(3) Minimum Dwelling Size: Nine hundred
(900)square feet.
(1) Size of Yards
(4) Lot Coverage: In no case shall more
(a) Front Yard: There shall be a front
than forty-five percent(45%)of the total
yard having a required depth of not less • lot area be covered by the combined area
than twenty-five feet (2.5") as measured of the main building. Calculation of
from the front property line. No required forty-five percent (45%) shall be based
parking shall be allowed within the on both the complete lot and each hall
_• IL • front yard. Accessory buildings Each calculation shall be fire-standing
-- --REMAINS shall-have a setback of sixty feet•(60')or -- -- •- and must conform to the maximum-• —••
THE SAME greater. •
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allowed. Accessory buildings,driveways
and parking may account for an
DD: (b) Side Yard: There shall be a side yard additional twenty percent(2090).
inimum side yard for • On each side of a structure of not less •
:cessory buildings than six feet(6)- A side yard adjacent to § 12.4 Parking Regulations: One (1) covered
gall be S' a side street shall be not less than twenty and enclosed off-street parking space per unit
feet (20'). No side yard for allowable behind the front building line. Off-street parking
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page 10
(13)
r space between adjoining building . (2) ; . • II I : A swimming pool ma
all be fifteen feet (15') betwe n • constructed and operated when:
b ilding walls when such walls h. e ,_
o nings for windows and access an. (a) The pool is not located in any
fee (10')when no openings exist. requ ed front or side yard abu•• •g a
street;
(3) Wh a non-residentially zoned •t or
tract abuts upon a zoning •.strict (b) A • . or fence. not 1 than six
- boun line dividing the lot 'r tract feet (6') • height, with se nclosing
from a residentially zoned lot o, tract,a and self-la hing gates at • entrances,
minim side yard of ten feet 0)shall completely • closes either e pool area
be prov ded for on the non-r idendal or the surroun g yard . •=•
property An opaque wo•• fence or
masonry all having a ' um height (c) All lightin: of th. pool is shielded
of six feet 6'above the av- .ge grade of or directed to fa a• •y from adjoining
the resid ntial propert shall be residence. If Ugh. • not individually
constructed on non-reside' ''. property shielded they s . so placed,or the
adjacent to a common ;de (or rear) enclosing wall • nce shall be so
property line. designed that ••. t • s from the lights
§ 24.4 Rr�r Yards- shall not be isible from adjacent
Properties;an.
(1) The required read yard shall be open and (d) No br••dcasting syste , is used for
unobstructed from a point thirty inches the purpo• of advertising operation
(30") above the aire a elevation of the of the .•of or for the at. ,ction of
e
graded rear yard;\e cept for accessory persons o the premises. This hall not
buildings as perm d herein. Eaves, preve a public address system n• essary
covered porches, •• d roof extensions or us ful to the supervision of th pool
without saructur- pport in the rear and i e safety of swimmers.
yard may exten in,. the rear yard a
distance not to 1k.:ce d four feet (4). (. A swimming pool shall be no do r
Balconies shall not •roject into the • an five feet(5) from any property lin-
:e uireed rear yard.
§ 24.5 Swimming Pools: It is e purpose of SECTION 25
these provisions to/ recognize an outdoor ACCESSORY RTITLDTNIG
swimming pool as a ••tential atua•:ve nuisance REGTrLATTON�
and to promote the safety and e•joymenc of
property rights b establishing rules and
regulations gov ing the loc.tion and § 25.1 In a residence or aparunent district, an
improvement of swimming pool whether accessory building is a subordinate building
privately, publicl or commercially weed or exceeding one hundred twenty(120)square feet of
operated. floor area, attached to or detached from the main
building. without separate bath or kitchen
(1) - tII' • I• : ...•v. : No • ming facilities. not used for commercial purposes and
pool all be constructed or used .• nl a not rented.
• ' • ing pool building permit : .. a
care of occupancy have been • ..... § 25.2 In other districts, an accessory building
th for. No building permit an• no is a subordinate building, the use of which is
. __ _ I certificate of occupancy be incidental to and used only in conjunction with the
i - ed unless the proposed sani - -' main building. ._....._._. __.
f. rides and water supply comply •. • - -
• .plicable local and state heal • § 25.3 No acc s.ry building shall exceed
-•••. a ent regulations. twenty-five feet Ei) in height, nor shall it be CHANGE
greater in height c:r e main structure. TO 15'
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rage 30
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f 23.4 Area Rettnlations for Accessory the message is displaced or ill • •
Bmidinrs in Residential and Apartment •n the sign.
Disuicar
(3) f, • • • . • • .i ;AI —They''•
(1) ,Size of Yards a area of a sign'is the entire —
wi •in a single continuous •- —
(a) Front Yard: Attached front • fo ••ins a rectangle enclosin • the
CHANGE TO: buildingshall have a front ex• •.a limits of each sign. • the
ACCESSORY BUILDINGS accessory
two evenor more signs(2) • - a
BE LOCATED IN THE ified in the particular district. ��" �•each sign
AREA DEFINED AS Detached accessory buildings shall be be co 'dered separately for square
THE REAR YARD. located in the area defined as the Year f�mg- purposes, provided each
sign or .. el has no relado• .•p to the
Yard-
_ other, •t that the comb' •• footage
,Side Yani There shall be a side of such ;gas cannot the total
CHANGE not less than six fen from square f••►_ allowed far . sign.
TO 5' I•v Jl any
lot line. alley line. r ement line; (t) II _• • ' — The term
eticept that adjacent to a side street, the ~iunIIllIla shall • +.
•feet 2side 0 shall never be less than twenty which has - aracters. le ,any
• designs or •utline minated by
•(c) Rear Yani There be a rear yard electric lights lumino • tubes or other
CHANGE
To 3' not less than ten feetcci from any Iot means.
line, alley line. o ••cment line
ru. garages. or other ace (5) Nencomburtib mat rial-The term
buil ted within the portion "noncombustibl• ma • shall mean
REMOVE THIS of a lot as h re 'bed shall not any material whi not ignite at or
PARAGRAPH be located cl an t feet(15)to below a tern• . • •i of twelve hundred
the m . lding nor nearer ' feet (1200) degrees F. nhcit,and will not
to any side lot line. continue to bu • or glow at that
tcrnperautre.
(d) Any garage constructed in a CHANGE residential or apartment district shall be (Ord.87-2 adopted P 1-13-8 7)
PARAGRAPH set back not less than twenty feet (20)
from any strcei or alley line on which it (6) Portable sien "ortab signs are those
r_far.= which arc co .tructed •ff-site and are
not rigidly - ixed or reached to the
(d) ATTACHED REAR YARD GARAGE a ground or to a perman-• building or
CARPORTS SHALL MEET ALL CODE RE- strncttae i shall incl'de any sign
OUIREMENTS FOR FIRE RESISTANCE originally d-'geed to be • y morel
SEPARATIONS FROM THE MAIN BUILDINGS from plat• to place wh- ex rigidly
AS WELL AS REQUIRED REAR YARD attached • the ground o permanent
SETBACKS. DETACHED REAR GARAGES
a CARPORTS SHALL BE NO CLOSER sttuct • not.
THAN 5' TO THE MAIN BUILDING.
DETACHED GARAGE SHALL HAVE A 20' (Ord.88-17 adop -• -26-88,Sec.1)
REAR SETBACK. DETATCHED CARPORT •
SHALL HAVE A 15' REAR SETBACK. (7) Si=- term "sign"shall . - and • •
ALL ACCESSORY BUILDINGS SHALL BE
A MINIMUM OF 5' FROM THE MAIN tncin• every sign. name. bre. •
BUILDING. idea:. •on,, option. ..... ..• _
•
__ -- men' declaration. demo.,
_ •' _
Add This (2) MAXIMUM SQUARE FOOT AREA FOR • dcvi play. bag. bnr• ''-"'•..
Section AN ACCESSORY BUILDING SHALL 1 . • • 'n beacon. fight or •'••
BE 600' OR LESS. an. structure supporting b or
--- on •oor structure, or erected or
• •• -.mined upon a service, p
tivity. person. instituti•
••. • - :on or business. Any •• -
• -_ t•uminated or moving sign or •. .
page 31�-
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MEMORANDUM
TO : Carolyn Jones, Acting City Manager
FROM: Paul D. Beaver , Director of Planning & Engineering P A
DATE: October 1 , 1991
SUBJECT: City of Wylie/Collin County
Interlocal Agreement
Springcreek Parkway Extension (Armory Project)
Please place on the next City Council Agenda an action item for
the review and approval of this lnterlocal agreement between the
City of Wylie and Collin County which will extend Springcreek
Parkway to the south side of Cotton Belt Railroad and provide
service to the proposed Armory.
It is critical that some form of decision be made on this
agreement so that the designs may be finished and all necessary
permits acquired.
I envision the project to be bid fairly close to the $280, 000
estimate. Even if we have a cost overrun of 10% the City would
only be responsible for approximately $30, 000.
Continued non-decisions regarding the financial relationships
between the Texas National Guard, Centennial Homes, Collin
County, and the City of Wylie will possibly lead to the Armory
not being constructed and its economic base lost to the
community.
•
TEXAS NATIONAL GUARD PROJECT #: C90-3-0019
ARMORY BOARD LOCATION: Wylie
OWNER-CONTRACTOR AGREEMENT
THIS agreement made this 27th day of September, 1991,
by and between the State •of Texas, acting by and through the
Texas National Guard Armory Board, herein after called the OWNER,
and Hill & Wilkinson, Inc. , 11969 Plano Road, Suite 190, Dallas,
Texas, 75243-5486, (214) 437-1600, FAX (214) 437-6708, his/their
executors, administrators, heirs, successors or assigns, herein
after called the CONTRACTOR.
WHEREAS, the OWNER desires to enter into a contract for
work as shown on the plans dated August 7, 1991 , the
specifications dated August 7, 1991 , as prepared by Dickson/Wells
Partners, Inc. for the Construction of the Wylie Armory, in
strict accordance with the provisions of State Statutes, and
WHEREAS, the CONTRACTOR represents that he is fully
equipped, competent and capable of performing the work described
above and is willing to perform such work in accordance with the
prices stated in the Contractor's Proposal as well as the
provisions of the Contract Documents, now
WITNESSETH, the CONTRACTOR agrees to provide all
material and perform all the work necessary as shown or described
in the specifications, subject to additions or deletions by
subsequent 'Change Order, for the stipulated sum of:
Two Million Five Hundred Seventy Five Thousand Three Hundred
Seventy Five and no/100 Dollars ($2,575,375. 00) which is
based on the Base Bid and Alternates #1 . #2, #3, #t4, #6, #7 #8
and #11, at the stated sums shown on the Contractors Proposal,
payable from funds available to the OWNER. Payment shall be made
in accordance with State Law.
THE CONTRACTOR shall commence work within five (5)
calendar days from the effective date of the WORK ORDER issued by
the OWNER and shall complete the work within 243 Calendar Days as
stated an the contractor's proposal .
AND the OWNER in consideration of the full and true
performance of said work by the CONTRACTOR for the performance of
the work, including any adjustments made by Change Order. The
OWNER limits its obligations hereunder to the funds available
from all sources.
IT is mutually agreed between the OWNER and the
CONTRACTOR that no certifioate given under this contract , except
the final certificate, shall be conclusive evidence of the
performance of this contract, either wholly or in part, and that
no payment shall be construed as acceptance of defective or
improper work or materials.
ALL of the provisions of the General Conditions,
Supplemental Conditions, and Special Conditions are hereby made a
part of this contract as if hereto attached or herein repeated.
IT is acknowledged and agreed by the parties hereto
that this contract is the full and complete contract for the work
called for and described herein.
IN WITNESS WHEREOF, the parties have executed this
agreement the date first written above.
THE STATE OF TEXAS
TEXAS NATIONAL GUARD ARMORY BOARD
BY: �' .�. ..�.., _ 1 •
William E. Beaty, Executive T)ireotor
Corporate Seal
CONTRACTOR
Hill & Wilkinson, Inc.
Signature
Title
Corporate Seal
•
•
•
•
MEMORANDUM
TO : Carolyn Jones, Acting City Manager
FROM: Paul D. Beaver, Director of Planning & Engineering
DATE: September 30, 1991
SUBJECT: North Texas Municipal Water District
City of Wylie - City of Murphy
Sewage Treatment Services Contract
Attached is a copy of the referenced Sewage Treatment Services
Contract between NTMWD, City of Murphy and the City of Wylie for
treatment of flows from a minimun of 25, 000 gpd to a annual
average of 250, 000 gpd.
This proposed contract has been discussed by the City Council in
public forum several times and has received favorable comments by
the Council .
I recommend placing this contract on the Tuesday, October 8, 1991
Council Agenda for formal execution. If this agreement is
implemented then positive cash flow for the City of Wylie would
be expected.
zor
:
immor
NORTH TEXAS MUNICIPAL WATER DISTRICT
P.O.DRAWER C
WYLIE,TEXAS 75098 REGIONAL SERVICE THROUGH UNITY
PHONE NO.442-5405
September 30, 1991 ,
Ms. Carolyn Jones
City Secretary
City of Wylie
P. O. Box 248
Wylie, Texas 75098
RE: Wylie - Murphy Water Treatment Agreement
Dear Carolyn:
Enclosed please find ten (10) copies of an agreement between
the Cities of Murphy and Wylie and the North Texas Municipal
Water District for wastewater treatment service. I hope that
this can be placed on the agenda for formal approval by the
City Council as soon as possible.
As you are aware, this contractual agreement is the same document
that was previously reviewed by the Wylie City Council . The
only change is the addition of the collection systems provisions
which also have previously been reviewed and accepted by the
Wylie City Council . Should you , Staff , or the City Council
have any questions concerning this document please contact my
office. The City of Murphy has already approved and executed
the document .
If you will notify me when it will be on the council agenda
it would be greatly appreciated. I have the executed documents
and will furnish them for Wylie execution on notification.
Sinc e4y;
(a*O/C-1-
CARL W. RIEHN,
Executive Director
CWR:ra
Encl .
cc: Paul Beaver '
City of Wylie
s
a
NORTH TEXAS MUNICIPAL WATER DISTRICT
CITY OF WYLIE - CITY OF MURPHY
SEWAGE TREATMENT SERVICES CONTRACT
THE STATE OF TEXAS S
THE COUNTY OF COLLIN S
WHEREAS, the North Texas Municipal Water District hereinafter
referred to as the NTMWD, a conservation and reclamation district,
the City of Wylie, a home rule city in Collin County, Texas,
and the City of Murphy , a general law city in Collin County,
Texas, desire to enter into this agreement;
WHEREAS , the NTMWD is a regional wastewater treatment plant
operator that owns and operates the Wylie Wastewater Treatment
Plant located in Wylie and the Murphy Wastewater Treatment Plant
located in Murphy;
WHEREAS, all of the capacity of two million gallons per day in
the Wylie Wastewater Treatment Plant is pledged and contracted
to the City of Wylie and the 250,000 gallon per day Murphy Waste-
water Treatment Plant is totally pledged and contracted to the
City of Murphy;
WHEREAS, the Murphy Wastewater Treatment Plant is at design
capacity and Murphy desires to contract to place flows above
the capacity of the Murphy Wastewater Treatment Plant in the
Wylie Wastewater Plant ;
WHEREAS , Wylie is currently using an average of approximately
800 ,000 gallons per day of the two million gallons per day avail-
able in the Wylie Treatment Plant and is agreeable to the NTMWD
contracting with Murphy for a portion of capacity at the Wylie
Wastewater Treatment Plant conditioned on Murphy ' s willingness
• to participate with Wylie in a future regional plant when the
joint capacities require the construction of additional facil-
ities.
IT IS THEREFORE CONTRACTED AND AGREED BETWEEN THE THREE PARTIES
AS FOLLOWS:
SECTION I . Definitions - The terms and expressions used in this
contract , unless the contract shows clearly otherwise, shall
have meaning as follows:
a. Fiscal Year - Fiscal Year means the NTMWD Fiscal Year,
currently the year beginning October 1 of each calendar
year and ending on September 30 of the following calendar
year.
b. Minimum - The minimum flow for the calculation of the
annual payment by the City of Murphy shall be based
on a minimum flow of 25 ,000 gallons per day and shall
never be less than this amount; however , the minimum
shall increase any year in which Murphy flows greater
than 25 ,000 gallons per day and shall continue at the
NTMWD CITY OF WYLIE - CITY OF MURPHY
SEWAGE TREATMENT SERVICES CONTRACT
PAGE TWO
higher amount from then on but the minimum or allowable
average day flow shall never exceed an annual average
of 250,000 gallons per day without the express permission
of the NTMWD and Wylie.
c. Murphy Connecting Interceptor - The Murphy connecting
interceptor shall refer to the necessary pipeline from
the Murphy Wastewater Treatment Plant to the Wylie 15"
Phase II line on Hensley Lane . It is not the intent
of this agreement to provide for the construction or
contractual arrangements for service concerning the
construction of this pipeline which will be solely the
responsibility of the City of Murphy.
d. Murphy Wastewater Treatment Plant - The Murphy Wastewater
Treatment Plant is to be referred to as the Murphy Plant
and is a 250,000 gallon per day treatment unit
constructed and owned by the NTMWD for use of the City
of Murphy under a contract dated December 1976.
e. Operation and Maintenance Expense - Operation and mainte-
nance expense means all costs and expenses required
for the successful treatment of wastewater at the Wylie
Plant including but not limited to the cost of utilities,
cost of personnel , engineering, legal services, supplies,
contractual services , insurance premiums, repairs and
replacements of equipment , and all debt service and
capital expenses pertaining directly to the Wylie Plant .
f . Wylie Sewer Collection System - The Wylie sewer collec-
tion system shall mean the pipelines constructed and
owned by the City of Wylie for the collection of sewage
that carries the sewage to the Wylie Plant . It would
be the intent of the program for the Murphy connecting
interceptor to connect to the Wylie sewer collection
•
system at an agreed point for transportation on to the
Wylie Plant Site.
g. Wylie Wastewater Treatment Plant - The Wylie Wastewater
Treatment Plant referred to as the Wylie Plant , is the
modified Wylie Plant after being expanded by the NTMWD
under a contract with Wylie dated June 1987. The Wylie
Plant has a current capacity of two million gallons
per day .
SECTION 2 . Volume Discharge Requirements. Murphy shall have
the right to discharge to the Wylie Sewer collection system
through the Murphy connecting interceptor and then to the Wylie
Plant up to a maximum average annual daily flow of 250,000 gallons
with a max day flow not to exceed 2 .5 times daily average. Murphy
shall have the responsibility for payment on the basis of a mini-
mum of 25,000 gallons per day commencing on the first day that
NTMWD Lill Ul' M iLiL' l l 1 Y yr mut« i�i
SEWAGE TREATMENT SERVICES CONTRACT
PAGE THREE
flow is introduced to the Wylie Plant , and the minimum shall
be escalated based upon the highest annual daily average utilized
by Murphy during the wastewater year (August 1 through July 31) .
Should Murphy max day flow exceed 2 .5 times daily average of
the wastewater year the annual minimum would be increased for
the next year and years thereafter based on max day flow divided
by 2 .5 to establish "average" day minimum until the actual average
day flow exceeds the calculated amount .
SECTION 3. Metering and Point of Delivery. Murphy shall be
required to build the Murphy connecting interceptor pipeline
to the Wylie collection system totally at the expense of Murphy.
At the intersection of the Murphy connecting interceptor and
the Wylie Sewer collection system a meter would be installed
as approved by the NTMWD with the total construction expense
provided by Murphy . It shall be the responsibility of the NTMWD
to maintain and read the meter which would be utilized by the
NTMWD for billing purposes to Murphy and credit to Wylie for
services rendered and calculations on quantity flow. Should
a disagreement develop over the meter reading either Wylie or
Murphy could employ at their expense an outside consultant to
work with the NTMWD and evaluate the accuracy of the meter.
If disagreement continues over the meter reading a formal report
would be prepared and submitted to the NTMWD Board of Directors
whose decision would be final concerning the accuracy of the
meter readings. In no case would adjustments be made for a
greater period of time than six months .
The location of the meter will be the point of delivery for Murphy
to the Wylie collection system and all payments and billing for
services will be based on this volume.
SECTION 4 . Discharge Quality . Murphy agrees to limit discharges
into the Wylie plant system to wastewater that complies with
quality requirements the NTMWD finds it necessary from time to
time to establish at the Wylie Plant in order to meet standards
imposed by state and federal regulatory agencies having appropri-
ate jurisdiction or to protect the treatment capacities of the
wastewater treatment plant . Quality restrictions of the NTMWD
would be applicable to both Wylie or Murphy . Further, industrial
pretreatment requirements of the state and federal authorities.
must be complied with in Wylie and Murphy to avoid penalties
of the regulatory agencies .
SECTION 5 . Annual Budget . The NTMWD shall prepare an annual
operating budget reflecting all anticipated costs in connection
with the operation and maintenance of the Wylie Plant in
sufficient detail to justify expenditures for salaries , materials,
supplies , contractual services , and debt service. The allocation
between Murphy and Wylie shall be submitted in a preliminary
proposed annual budget to Wylie and Murphy on or before August
1 each year . If a protest or request for additional information
is not presented prior to September 1 the proposed budget , on
adoption by the NTMWD Board of Directors , shall be considered
the annual budget for the ensuing fiscal year. In the event
NTMWD CITY OF WYLIE - CITY OF MURPHY
SEWAGE TREATMENT SERVICES CONTRACT
PAGE FOUR
either city does not agree on the annual budget prior to September
1 a hearing would be held before the NTMWD Board of Directors
concerning objections to either the budget or allocation of cost.
After hearing all evidence from the parties involved, the NTMWD
Board of Directors shall be responsible for the allocation of
cost between participants and establishing the budget necessary
to pay all of the operation and maintenance expense including
debt service on the Wylie Plant . Included in the budget for
Murphy shall be an item for collection system service at the
rate of 18 cents per one thousand gallons with minimum established
on same volume and method as wastewater treatment minimum.' This
item shall be adjusted to actual flow, if greater than the minimum
each year. This item charge to Murphy shall be an add on to
annual payment .
SECTION 6 . Annual Payments. Wylie is responsible under the con-
tractual agreement between the NTMWD and Wylie for the expansion
of the Wylie Plant dated June 1987 and nothing in this agreement
shall relieve Wylie from this responsibility; however, all pay-
ments received from the City of Murphy shall be utilized as a
credit from the charges to Wylie. The annual payments shall
be based on all operation and maintenance expense of NTMWD,
including debt service, on the Wylie Plant and shall be made
by each city equal to its proportional flow to plant (or in the
case of Murphy its contractual minimum whichever is greater)
as its proportional part of the total operating budget divided
by twelve, these payments to be made monthly in advance on or
before the 10th day of each month. The first monthly payment
due October 10 of each year shall be twice the calculated monthly
payment with no payment due in September of each ensuing year
except for any adjustments necessary during any fiscal year.
At the end of each fiscal year any surplus balance shall be
carried forward to reduce the overall cost during the next budge-
tary period. Emergency expenditures not budgeted may be required
due to unforeseen or unexpected conditions but each city shall
be notified of such emergency with the right to appeal to the
NTMWD Board of Directors on any request for adjustments in the
monthly payments in the same manner as the original budget .
If Murphy shall fail to make any monthly payment by the 20th
day of the month in which due, after notice to Murphy , the NTMWD
could terminate services as of the 10th day of the following
month and will be required as a condition of this contract to
terminate service by the 10th day of the second month following
the nonpayment . Further, the NTMWD may take legal action to
acquire payments due under this agreement and shall be entitled .
to recover reasonable attorney fees plus ten percent on all over-
due charges.
SECTION 7 . Regional Program. It is agreed by all parties to
this agreement that the long range goal for wastewater treatment
service for Wylie and Murphy shall be a regional facility serving
these two cities and others. It is understood by all parties
that when the Wylie Plant reaches 75% of capacity, or such other
NTMWD C:1'1'Y Ur' Iv1L115 - Lilt Ur mUltl ,LY
SEWAGE TREATMENT SERVICES CONTRACT
PAGE FIVE
requirements as may be made by state and federal regulatory
agencies, planning for an additional facility to treat the
combined wastewater flows will be necessary and that construction
must begin on said facility on or before the time the Wylie Plant
reaches 90% of design capacity. The regional program would be
funded by each entity paying its fair share of the cost based
on proportional flow to the system. Should a regional program
not be developed Murphy and Wylie agree to pay for the necessary
future facilities based on a proportional flow contract agreement .
SECTION 8. Indemnity. Each party to this agreement agrees to
indemnify and hold harmless each other from any and all causes
for loss, liability or damages, arising out of the operation
of the Wylie Plant .
SECTION 9 . NTMWD Financial Obligation. Nothing in this agreement
shall be construed as requiring the NTMWD to expend funds from
any source other than the revenues received under this agreement
and the Wylie - NTMWD Agreement dated June 25, 1987 . All cost
required by valid rules , regulations, laws or orders passed or
promulgated by the United States of America, the State of Texas,
and regulatory judicial branches thereof having lawful
jurisdiction shall be the responsibility of the cities of Wylie
and Murphy .
SECTION 10. Term. This agreement shall be in effect until super-
seded by a regional agreement approved by all parties, or thirty
years from the 'date of execution , whichever occurs first . Should
Murphy not construct the Murphy connecting interceptor system
and start service within thirty-six months from the date of the
execution of this agreement , then this agreement is null and
void.
THIS AGREEMENT APPROVED BY THE RESPECTIVE GOVERNING BODIES BY
ADOPTION OF APPROPRIATE RESOLUTIONS AUTHORIZING THE UNDERSIGNED
TO EXECUTE IN BEHALF OF EACH ENTITY ON THIS THE DAY OF
, 1991 .
JOHN W. AKIN, MAYOR
CITY OF WYLIE
ATTEST:
CAROLYN JONES, CITY SECRETARY
REGINALD W. GEORGE, MAYOR
CITY OF MURPHY
ATTEST:
LINDA B. MARLEY, CITY SECRETARY
g
NTMWD CITY OF WYLIE - CITY OF MURPHY
SEWAGE TREATMENT SERVICES CONTRACT
PAGE SIX
NORTH TEXAS MUNICIPAL WATER DISTRICT
BRETT HALL, PRESIDENT
ATTEST:
DARWIN L. WHITESIDE, SECRETARY
MEMORANDUM
DATE: October 2 , 1991
TO : Carolyn Jones , Acting City Manager
FROM: Paul Beaver , Director of Planning and Engineering \
RE: Engineering Services Proposal for Closure Plan of
The Wylie Municipal Landfill .
Attached is a copy of the referenced contract by Helmberger
and Associates which will provide the engineering services to
properly close the Wylie Municipal Landfill .
The total amount of this not to exceed contract is $46 , 500 .
The contract is broken down into four phases :
Phase I - Closure Plan ( $22 , 500)
Phase II - Detailed Plans and Specifications ( $9 ,000)
Phase III - Construction Supervision ( $ 15 ,000)
Phase IV - Engineering Certification of Completion (N/C)
The initial Phase I Closure Plan will need to be accomplished
within 45 days of Texas Department of Health' s notification .
Receipt by the City of this notification is expected
imminently. Therefore , a notice to proceed into Phase I
needs to be issued as soon as possible .
Approval of this contract will provide all engineering
services related to the complete closure of the landfill .
Any additional services required by the State would be
accomplished by City Council approved addendums .
I have reviewed the proposed work plan and related fees and
they appear to be reasonable for this scale of project .
Significant funds are available in the existing Landfill
Closure Certificate of Obligation Account to accomplish this
work. Approval of the contract is recommended .
HELMBERGER ASSOCIATES, INC.
CIVIL ENGINEERING
CONSTRUCTION MANAGEMENT
ENVIRONMENTAL ENGINEERING
October 2, 1991
Mr. Paul Beaver, P.E. , Director of Planning and Engineering
City of Wylie
2000 Highway 78 North
P.O. Box 428
Wylie, Texas 75098
Re: Engineering Services Proposal for Closure Plan of the Wylie
Municipal Landfill.
Dear Paul,
Helmberger Associates, Inc. appreciates being selected as the
firm to handle closure of the landfill. We are committed to a
concerted effort aimed at completing the project prior to March
of 1992 in line with your desires.
We have carefully reviewed the record and have also met with
Mssrs. Hans Mueller, Director of the TDoH Surveillance and En-
forcement Division, and Mr. H. Thomas Collins, the current TDoH
project engineer for the Wylie area. The records indicate that
most of the hydrogeologic investigation has been satisfactorily
accomplished. Our meeting in Austin seemed to support this
assessment but until written TDoH comments are received, the
assumption may not be entirely true. At any rate, our under-
standing of what is required for the closure is as follows:
Step 1: Obtain historic aerial photographs for location of
waste cells. This review will be done in conjunction with
interviews with individuals such as Mr. Rocky Stone who
supposedly possesses knowledge of deposited waste locations
(cells) and methods of placement.
Step 2: Selectively excavate test pits to verify information
gathered in Step 1. We expect to discover a need to explore
near Alanis Road and possibly at other discreet locations.
We would propose to do so utilizing City equipment in the
interest of time and cost savings, which are both critical.
The number of test pits will be limited, yet sufficient to
satisfy critical reviewers.
Step 3 : Obtain a current boundary survey of the property.
The survey is an absolute requirement for the deed recording
(AFFIDAVIT TO THE PUBLIC) which must be signed by an appro-
124 HOOPER ROAD • WYLIE,TEXAS 75098 • 214/442-7459
City of Wylie
October 2, 1991
Page 2
priate City official prior to TDoH approval of the closure.
In conjunction with Step 2, it may be possible to define the
limits of the waste cells near Alanis Road thereby eliminat-
ing the problem of closing or otherwise relocating the road
by taking the road out of the metes and bounds description
given for the location of the waste cells.
Any definition of the limits of the waste cells must be by
metes and bounds description to satisfy the state and must
be noted on the AFFIDAVIT TO THE PUBLIC.
Step 4 : - Pond Closure. Test the water in the pond for
contaminants specified by the TDoH (lead, chromium, cadmium
and zinc as a minimum; priority pollutants as a maximum) .
The record indicates that contaminant levels should be such
that the pond can be de-watered by pumping to the creek at
the west boundary. This action may require a permit from
the Texas Water Commission (TWC) .
Once dewatering is complete, de-vegetate the area and fill
the pond with all scattered inert materials on-site and
bring to near final grade with appropriate backfill materi-
al.
Step 5: Formulate a grading plan for the site insuring that
all waste cells are capped with 2 - 22 feet of appropriate
cover material. Cap material of soil types SC and CL re-
quire a cover of only 6 inches of topsoil over 1' feet of
clay, whereas soil type CH capping material requires a 1
foot cover of top soil. A substantial portion of the mate-
rial imported from NTMWD is classified as soil type CH.
Rather than attempt to segregate these materials (which
would require more testing) we propose to treat them all as
soil type CH.
We propose to close the entire landfill as one unit rather
than search for and cap individual waste cells. Our recom-
mendation for so doing is because state personnel prefer it;
because it appears from an initial review that it may be
possible to do so using a significant quantity of on-site
soils (in addition to the fill stockpiled on-site) ; and
because searching for all buried wastes could involve unwar-
ranted expense. In addition, total grading of the site will
make the area more amenable for future use.
Step 6: De-vegetate by removing all trees and ground cover
from areas where landfill operations appear to have taken
place. De-vegetation will involve removing the top 6 inches
of soil which will be stockpiled for subsequent replacement
over the cap (with TDoH approval) . Large vegetation such as
•3.
,g 9
City of Wylie
October 2, 1991
Page 3
trees and brush will probably have to be disposed off-site.
Step 7 : De-commission all wells and piezometers except those
retained for post-closure monitoring. In conjunction with
Steps 5 and 6, remove casings and plug all except possibly
monitor well Nos. 5, 12, 13 and 14 (subject to TDoH approv-
al) . This may require extending or shortening well casings
to match final contour elevations.
Step 8 : Formulate a schedule for closure which satisfies
city time constraints with an overall objective of being
completely finished with the project prior to March 1, 1992,
when the TDoH becomes a part of the Texas Water Commission.
Step 9 : Prepare conceptual design.
Step 10: Prepare final design.
Step 11: Advertise for bids.
Step 12 : Supervise construction.
Step 13 : Complete an engineer's certification of closure to
TDoH standards.
The closure will address the above steps in varying levels of
detail in four phases. Phase I, the closure plan, will complete-
ly address Steps 1, 2 , 3 and 8 and will include a conceptual
design. It will outline the remaining tasks in sufficient detail
so as to obtain TDoH approval to proceed with follow-on Phases.
For instance, the closure plan will state that monitor wells will
be protected and extended (or shortened) as required; the details
of how that will be accomplished will be included in follow-on
plans and specifications . Similarly, the closure plan will
include cap lift thicknesses and compaction requirements but will
not detail how the work will be accomplished.
Phase II will include preparation of detailed plans, specifi-
cations and bid documents and will carry the project through
solicitation and acceptances of bids for construction.
Phase III will be construction supervision and will involve
staking, interpretation of plans and specifications, inspection
on a daily basis, and review of contractor pay requests.
Phase IV, will be certification to the TDoH and will involve a
statement by Helmberger Associates, Inc. to the effect that the
closure was performed in accordance with TDoH regulations. It
will be sealed and signed by a professional engineer as required
City of Wylie
October 2, 1991
Page 4
by TDoH.
Helmberger Associates, Inc. will complete the work based on
the following fee schedule:
Clerical $24 . 32/hr.
Draftsman/Technician $27. 32/hr.
Engineer in Training $35.79/hr.
Staff Engineer $52.50/hr.
Project Manager $57. 50/hr.
Quality Control $69. 00/hr.
Principal $80. 00/hr.
Survey Crew $85. 00/hr.
An estimated not to exceed cost for each Phase of the Closure
is as follows:
Phase I - Closure Plan. Twenty two thousand five hundred
dollars ($22 , 500 . 00) plus direct costs associated with the
project such as reproduction, boundary survey, analytical sample
analysis, travel to Austin, etc. .
Phase II - Detailed Plans and Specifications. Nine thousand
dollars ($9, 000. 00) plus direct costs.
Phase III - Construction Supervision. Fifteen thousand dol-
lars ($15, 000. 00) plus direct costs.
Phase IV - Engineering Certification. No additional cost.
To recapitulate, the above estimates result in a total engi-
neering services budget at a not to exceed cost of $46, 500. 00.
Based upon an estimated closure cost of $1, 000, 000.00 this fee is
only about two-thirds of that normally expected for projects in
this price range.
Services will be billed monthly on the basis of time actually
spent on the project. The estimated Not-to-Exceed budget figures
outlined above will not be exceeded without City approval and
every effort will be made to hold costs to a minimum. Direct
costs will be billed at 1. 15 times the cost incurred. If any
payment due the Engineer for services and expenses invoiced in
accordance with this Agreement is not received within thirty (30)
days after receipt of the invoice, the amount due the Engineer
will be increased at the rate of 1. 5% per month for each month
beyond the thirty (30) day period. In addition, the Engineer may
withhold design drawings and other documents under the terms of
this agreement until outstanding invoices are paid.
City of Wylie
October 2, 1991
Page 5
We trust you will find the above satisfactory. We appreciate
the opportunity to once again be of service to the City of Wylie
and trust that our association on this project will be mutually
beneficial. If this proposal meets with your approval, please
sign and return one copy for our files and will begin immediate-
ly.
Sincerely,
HELMBERGER ASSOCIATES, INC.
Duane - b- P. .
President
APPROVED:
BY:
TITLE:
DATE:
land-2. let
