08-13-2002 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
TUESDAY, AUGUST 13, 2002
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
Action Taken
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A. Approval of the Minutes from the Regular Meeting of July 23, 2002.
B. Consider and act upon approval of an ordinance establishing speed zones on FM 3412
(Brown Street) from FM 1378 to SH 78.
C. Consider and act upon approval of an ordinance adopting a Drought Contingency Plan
as required by the Texas Natural Resource Conservation Commission.
D. Consider and act upon an ordinance annexing all of a certain 52.291 acres out of the
Duke Strickland Survey, Abstract 841 and the I. Clifton Survey, Abstract No. 193,
Collin County, Texas, generally located at the southwest corner of FM 544 and Sanden
Blvd.
1. Consider and act upon the award of a contract for the 12-inch water line along Sanden
Boulevard to Morrow Construction Co. in the amount of$37,103.
Executive Summary
The City's Water and Sewer Master Plan indicates a 12-inch water line along Sanden Blvd. Recent
developments along Sanden have constructed portions of the water line from FM 544 south and from
Hensley Lane north. The construction contract includes approximately 833 linear feet of 12-inch water line
and all related appurtenances. Eight bids were opened on June 28, 2002 and Morrow Construction Co.
submitted the low bid. The contract establishes a construction time of 45 days. The FY 2002 budget
included$90,000 for the Sander water line project. The total amount bid for the project is$51,003.00
2. Consider and act upon approval of an Ordinance abandoning the alley right-of-way
within Block 34 of the Railroad Addition, being the segment running north-to-south
between Butler Street and Calloway Street and located between South Ballard Avenue
and South Jackson Street.
Executive Summary
Keith Teague has requested that the City abandon that segment of the alley that lies between Ballard Avenue and
Jackson Street and extends between Butler and Calloway Streets. Dr. Teague desires to construct a dental office at the
corner of Ballard and Calloway, and to use a portion of the alley as an a.cess drive for parking at the rear of the
building. On July 23, 2002,the City Council rezoned all properties abutting the subject alley segment from Single-
Family Residential(SF 8.5/17)to Corridor Commercial (CC)District. As part of their review of the rezoning request,
the Planning and Zoning Commission approved a Site Plan for the proposed dtrtal office at Ballard and Calloway
reflecting utilization of the alley corridor as a private access drive. Reptatting of adjacent properties in order to
incorporate the alley and create easements for the utilities will require future approval by the Planning and Zoning
Commission and City Council. The City acquired the services of Right-of-Way Acquisition Consultants to conduct an
appraisal of the property and establish its fair market value. The appraisal (attached) indicates that the fair market
value of the property is established at$5.75 per square foot for the 4,080 square feet, or a total value of$23,460 and
rounded by the appraiser to $23,500. The cost of the appraisal is also to be paid proportionately by those purchasing
the abandoned right-of-way. In accordance with State law,these funds will be placed in the Street Capital Fund for
purchases and improvements of streets and/or alleys.
3. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture
(AG/28) and Planned Development District (PD 2001-51) for Single-Family Residential
and Village Center Mixed Uses to Planned Development District for Single-Family
Residential and Village Center Mixed Uses, being an amendment to PD 2001-51 to add
5.791 acres to the Development Plan and amend the Conditions for Development, being
a certain 470.00 acre tract of land situated in Collin County, Texas and being a part of
the J. G. Jouett Survey, Abstract No. 475, the Allen Atterberry Survey, Abstract No. 23
and the Aaron West Survey, Abstract No. 979 and being part of those certain tracts of
land conveyed to Joanne Vanderweele, Successor Independent Administratrix, as
described in the Executor's Deed as recorded in Collin County Clerk's File No. 95-
0005773 and being a part of those certain tracts of land described in a deed to George S.
Richards as recorded in Volume 775, Page 55, Deed Records, Collin County, Texas and
being all of a called 1.00 acre tract of land described in a deed to F.D. Feagin etux, as
recorded in Volume 914, Page 697 of said Deed Records and also being all of Tract 2
and part of Tracts 1 and 4 described in a deed to Jimmie Jane Feagin as recorded in
Volume 775, Page 58 of said Deed Records and being a part of a called 2.10 acre tract of
land described in a deed to F.D. Feagin etux as recorded in Volume 757, Page 824 of
said Deed Records and being all of that certain tract of land described in a deed to
Edwina Collins Cook as recorded in County Clerk's File No. 93-0039237 and being all
of that certain tract of land described in the Quit Claim Deed to Silas M. Hart and
Charlene H.Hart, a called 69.25 acre tract of land as recorded in Collin County Clerk's
File No. 96-0091287 and being all of that certain 5.791 acre tract of land described in a
deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-
0039230,bringing the total acreage for PD 2001-51 to 475.80 acres. (ZC 2002-05)
Executive Summary
The applicant is requesting a revision to the existing Planned Development Dist;et(PD 2001-51)for Bozeman Farm
Estates. Theses proposed amendments revise the Conceptual Development Plan to include an addition 5.8 acres, and
makes a procedural change to the Conditions for the Planned Development District. The proposed revisions maintain
the earlier Planned Development District substantially as adopted,except for the following changes:
• The Development Plan(Exhibit C)is amended to add 5.8 acres of land along the western side of the tract. This new
area will be used to accommodate the primary western entry to Bozeman Farm Estates relocated from further north,
as illustrated on the Development Plan.
• The Conditions for Development(Exhibit B)are amended to allow the Development Plan to serve as a preliminary
plat for each future phase of the development rather than require review of both preliminary and final plats on each
phase. Site plans shall be submitted with final plats for all future multi-family residential and nonresidential
development. Section IV has been changed to state that the Development Plan shall serve as the preliminary plat,
and Section V.i.5.has been changed to state that distribution of lot and dwelling sizes shall be as illustrated on the
final plats rather than on the PD Development Plan.
At the July 16, 2002,Planning and Zoning Commission meeting,the Commission voted 6-0 to recommend
approval of the proposed amendments.
4. Consider and act upon authorizing the City Manager to execute and award a contract
to Bucher, Willis & Ratliff, Corp., in the amount of $180,240 for engineering services
related to the design of paving and utility improvements along SH 78 from Eubanks to
Spring Creek Pkwy and traffic signalization at Spring Creek Pkwy.
Executive Summary
The Texas Department of Transportation (TxDOT) is scheduled to be;in construction on SH 78 from FM 544 to
Eubanks in the next few months. The proposal includes the design of an additional 3,365 linear feet of a 4-lane concrete
paving section with underground storm sewer improvements and a traffic signal at the intersection of Spring Creek
Parkway. The additional construction will be added to the existing TxDOT contract with Site Concrete and will add
approximately five months to the projected completion of SH 78. Tabulated below is the projected construction cost for
the project including a 10%contingency. The project total is$2,175,500.00. The construction cost and engineering fees
for the signal at the intersection of Spring Creek Pkwy will be reimbursed by the developer of the property located on
the northwest corner of the intersection.
IlitittintWa*VORDINANCIVIITIMilegrAMIONAPPKOWEIVOYMOV:ICI...
• Discussion regarding Direct Alarm Monitoring and Ambulance Contract
• Discussion regarding the FY2002-2003 Budget
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session
at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act
provides specific exceptions that require that a meeting be open. Should Council elect to convene into
Executive Session,those exceptions will be specifically identified and announced. Any subsequent action,
as a result of this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this_day of , 2002 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. As a courtesy, this agenda is also posted to the City of Wylie Website at
www.ci.wylie.tx.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
MINUTES
Wylie City Council &
Joint Work Session with the Planning & Zoning Commission
Tuesday, July 23, 2002 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
CALL TO ORDER—6:05 p.m.
Council Present: Councilman Joel Scott,Councilwoman Reta Allen,Councilman Eric Hogue,Councilman Merrill
Young, Councilman J.C. Worley and Councilman Chris Trout Mayor John Mondy, absent Mayor Pro Tern
Worley presiding.
Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,
Finance Director; Claude Thompson,Planner; Chris Hoisted,City Engineer and Barbara Salinas,City Secretary.
INVOCATION&PLEDGE OF ALLEGIANCE
Councilman Hogue provided the Invocation and Robert Whitney was asked to lead the Pledge of Allegiance.
CITIZENS PARTICIPATION
None.
EXECUTIVE SESSION
Mayor Mondy joined the meeting in progress and announced that the Council would adjourn into Executive
Session at 6:08 p.m. in accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open
Meeting Law),Section 551.072 Deliberation Regarding Real Property,to deliberate the purchase,exchange,lease,
or value of real property(Highway 78)if deliberation in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person.
RECONVENE INTO OPEN MEETING
The Mayor convened into Regular Session at 6:58 p.m. There was no action taken as a result of the Executive
Session.
CONSENT AGENDA
A. Approval of the Minutes from the Special Called Meeting of July 8,2002 and the Regular Meeting
of July 9,2002.
B. Consider and act upon a Final Plat for the Lake Trails of Bozman Farm Addition,being all of a
certain 50.32 acre tract of land generally located east of F.M 544 and south of Stone Road,being all
of that tract of land described in a deed to Edwina Collins Cook as recorded in County Clerk's File
No. 93-0039237 of the Deed Records of Collin County, Texas, and being situated in the Allen
Atterberry Survey, Abstract No. 23 and the Aaron West Survey,Abstract No. 979,City of Wylie,
Collin County,Texas.
C. Consider and act upon a Final Plat for the Southplace Estates Phase IV Addition, being all of a
certain 8.674 acre tract of land generally located east of Ballard Street and south of F.M. 544, as
described in a deed to Twin Lakes, L.P.,being part of a certain 10.613 acre tract as described in
File No.97-0054771,of the Deed Records of Collin County,Texas, and being situated in the Allen
Atterberry Survey,Abstract No.23,City of Wylie,Collin County,Texas.
Minutes of July 23,2002
Wylie City Council
Page 1
D. Consider and act upon a Preliminary Plat for the Barber Addition,being all of a certain 8.00 acre
tract of land,generally located south of F.M.544 and east of Regency Drive,as described in a deed
to Austin Wylie Realty,LTD,as recorded in Volume 4921,Page 1206 of the Deed Records of Collin
County,Texas, and being situated in the William Sachse Survey,Abstract No.835, City of Wylie,
Collin County,Texas.
E. Consider and act upon a Replat for the 78 Corner Addition, Lots 1R and 2R, Block A, being a
Replat of the Walgreens-Wylie Addition, Lots 1 and 2, Block A,being all of a certain 6.076 acre
tract of land as described in a deed to LSI Development,Inc.as recorded in Cabinet N,Page 378 of
the Deed Records of Collin County,Texas, and a portion of that certain tract of land conveyed to
Collin County as recorded in File No.2001-0100218 of the Deed Records of Collin County,Texas,
and being situated in the S. B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County,
Texas.
Councilman Hogue made a motion to approve items A-E,with the following corrections to the minutes. Allow the
minutes of July 8th to reflect Monday rather than Tuesday. Also note that Councilman Young and Councilman
Hogue were absent. With those corrections, Councilman Worley seconded the motion. A vote was taken and the
motion was approved,7-0.
INDIVIDUAL CONSIDERATION
1. Hold a public hearing and consider a recommendation to the City Council regarding a change in zoning
from Single-Family Residential(SF-8.5/17)to Corridor Commercial(CC)District,being Lots 1,2,3,4,
5,6,7,8,and 9B of Block 34 out of the Railroad Addition,City of Wylie,Collin County,Texas. Zoning
Case No.2002-04.
Mr. Claude Thompson addressed the Council on this item providing a brief history of the zone change request. He
stated that the applicants are requesting a change in zoning from the Single Family Residential(8.5/17)District to
the Commercial Corridor (CC)District. The nine platted lots are held in two ownerships as well as the public
street and alley rights-of-way, and totals approximately 1.6 acres. The principal applicant(Teague) owns all of
Lots 1 through 7 which front Ballard Avenue, and intends to use Lots 5, 6, 7,and half of Lot 4 for a new dental
office. There are no plans for the use of the remainder of Lot 4 and Lots 1 through 3, except that the applicant
desires development on these lots to be compatible with the dental office. All of these lots are currently vacant,
but have been previously occupied by single-family residences. The remaining Lots 8 and 9B are owned by the
Birmingham Trust,and are occupied by a single single-family residence and detached garage.
Mr. Thompson stated that the Comprehensive Plan recommends that the subject property be developed as Mixed
Uses complimentary with the Historic Downtown District and that the proposed change in zoning is consistent
with this recommendation of the Plan, as the Commercial Corridor District allows a broad mix of various
compatible land uses. Mr. Thompson concluded that at the July 2, 2002, Planning and Zoning Commission
meeting, the Commission voted 5-0 to recommend approval of the zone change. A Concept Site Plan was
approved by the Commission with the stipulation that landscape screening be added along Calloway Street.
The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of
the request to come forward,state their name and address for the record and limit their comments to five minutes.
With no response,the Mayor then closed the Public Hearing.
Council expressed some concerns regarding the closing of the alleys and the location of utilities within the alley
ways. City Engineer Chris Holsted explained that the City would still have access through a utility easement.
Councilman Worley made a motion to approve the zoning from Single-Family Residential(SF-8.5/17)to Corridor
Commercial(CC)District,being Lots 1,2, 3,4, 5, 6, 7, 8,and 9B of Block 34 out of the Railroad Addition,City
of Wylie, Collin County, Texas. Zoning Case No. 2002-04. Councilman Young seconded the motion. A vote
was taken and the motion was approved,7-0.
Minutes of July 23,2002
Wylie City Council
Page 2
READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY
WYLIE CITY CHARTER,ARTICLE III,SECTION 13-13.
The City Secretary read the Ordinance Caption,2002-16 as approved by the Council as required by the Wylie City
Charter,Article III,Section 13-D.
The Mayor called for a five-minute recess before the scheduled Joint Work Session with the Planning and Zoning
Commission.
CALL TO ORDER-PLANNING&ZONING COMMISSION.
Mr.Michael George,Chairman of the Planning and Zoning Commission called the Joint Work Session to order at
7:11 p.m. with the following members of the Commission present. Jeff Adamcik,Carter Porter and Don Hughes.
Absent were,Mike Phillips,William Chapman,and Tony Snider.
CITY COUNCIL&PLANNING&ZONING COMMISSION CONVENE TO JOINT WORK SESSION.
Mayor Mondy reconvened into Work Session with all of the members of Council present.
• Discussion regarding Birmingham Farms.
Mr. Mark Footlick and John Wells were present representing Birmingham Farms. Mr. Fred Phillips was also
present representing Ryland Homes.
There was considerable discussion regarding the proposed development of the 630-acre tract of land.
Representatives provided a hand out that detailed the proposed development. The developer stated that they would
take responsibility for providing a bridge. There was considerable discussion on the responsibility and future
funding of the bridge,whether it is provided by the developer or as a future bond project. The Mayor asked for an
estimate of the monetary value of the variances requested by the developer. A dollar figure could not be provided
by the developer. The Mayor asked that staff provide the Council with an estimate of the value of the requested
variances for further review and consideration by both the Council and the Commission.
ADJOURNMENT
With no further business to come before the Council,the meeting was adjourned at 9:05 p.m.
John Mondy,Mayor
ATTEST:
City Secretary
Minutes of July 23,2002
Wylie City Council
Page 3
WYLIE CITY COUNCIL
AGENDA ITEM NO. 8 .
August 13, 2002
Issue
Consider and act upon approval of an ordinance establishing speed zones on FM 3412 (Brown
Street)from FM 1378 to SH 78.
Background
The Texas Department of Transportation has submitted a speed zone study for FM 3412. The
proposed ordinance will adopt the study and establish speed zones along Brown Street as shown on
the attached display.
Other Considerations
N/A
Financial Consideration
TxDOT will furnish and install the necessary signs.
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends approval of the proposed Ordinance.
Attachments
Ordinance
Letter from TxDOT
d.iji-v-f/A--- r
- 1._
Prepared by Revi d b Finance City a e Approval
CITY OF WYLIE, TEXAS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS
ESTABLISHING THE MAXIMUM SPEED LIMIT ON FM 3412
PROCEEDING FROM FM 1378 TO SH 78,WITH SUCH STREEET
BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN
COUNTY, TEXAS;PROVIDING FOR NOTIFICATION OF THE
MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND
MARKERS TO REGULATE VEHICULAR SPEED ON THE
DESIGNATED STREET;PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE;PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES;PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, §545.356 of the Texas Transportation Code provides that whenever
the governing body of the municipality shall determine upon the basis of an engineering
and traffic investigation that any prima facie speed therein set forth is greater or less than
is reasonable or prudent under the conditions found to exist at any intersection or other
place or upon any part of a street or highway within the City of Wylie, Texas,taking into
consideration the width and condition of the pavement and other circumstances on such
portion of said street or highway, as well as the usual traffic thereon, said governing body
may determine and declare a reasonable and prudent prima facie speed limit thereon by the
passage of an ordinance,which shall be effective when appropriate signs giving notice
thereof are erected at such intersection or other place or part of the street or highway; and
WHEREAS,the City Council of the City of Wylie, Texas("Wylie")finds it is
necessary for the protection and safety for the citizens of Wylie to declare a reasonable
and prudent speed for FM 2514 proceeding from FM 1378 to SH 78.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Establishment of Prima Facie Speed. Upon the basis of an
engineering and traffic investigation heretofore made, and as authorized by the
provisions of§545.356 of the Texas Transportation Code,the prima facie speed
limit for FM 3412 proceeding from FM 1378 to SH 78 shall be as indicated on
Exhibit "A", attached hereto and incorporated herein for all purposes.
ORDINANCE ESTABLISHING SPEED LIMIT -Page 1
C:\WINDOWS\1 EMP\Speed Zone Ordinance(FM 3412) .doc .:
(FM 33412�w
SECTION 3: Placement of Signs. The City Manager, or his/her
designated representative, is hereby authorized and directed to cause the placement
of signs on FM 3412 proceeding from FM 1378 to SH 78 indicating the maximum
speed allowed. The signs shall be placed at the most advantageous points to be
conspicuous to approaching vehicular traffic. The sign shall be permanently
affixed to a stationery post or installed on permanent buildings or walls or as
approved by the City Manager or his/her designated representative. The sign shall
in no way be obstructed from view, and shall comply with applicable state laws.
SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance,nor
shall the repeal prevent a prosecution from being commenced for any violation if occurring
prior to the repeal of the ordinance. Any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby declares that it would have passed this
Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
SECTION 6: Penalty Provision. Any person violating this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not
less than One Dollar($1.00)nor more than Five Hundred Dollars($500.00). Wylie
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7: Effective Date. This Ordinance shall be effective upon its passage
and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, on this day of , 2002.
JOHN MONDY, Mayor
ATTESTED AND CORRECTLY
RECORDED:
ORDINANCE ESTABLISHING SPEED LIMIT -Page 2
•
C:\WINDOWS\TEMP\Speed Zone Ordinance(FM 3412) .doc
«M d
BARBARA SALINAS, City Secretary
Date of Publication:
ORDINANCE ESTABLISHING SPEED LIMIT -Page 3
C:\WINDOWS\TEMP\Speed Zone Ordinance(FM 3412) .doc
(FM 2�'>dw
FM 3412 WYLIE
---\
DEVELOPMENT OPEN
RES. SIGHT DISTANCE
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BALL BANK or ADVISORY SPEED o o
CURVES OVER 2° u2
GRADES OVER 3% I
SURFACE WIDTH AND TYPE o
R.O.W. AND RDBD. WIDTH '^ o
ACCIDENTS rn
ZONE LENGTHS MILE 0.600 Z
ZONE SPEEDS MPH 55 MPH N 55 MP'
TOWARD
FM 1378 60
13-
C.L. BEARINGS —
TOWARD
SH 78 "°T MP 06.656
CARRIAGE xWSE O N fA'1
ZONE SPEEDS MPH 55 MPH o i r,o No m
ZONE LENGTHS MILE1411 �A i OF
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ACCIDENTS NOT RECORDED y=m o i i
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SURFACE WIDTH AND TYPE / s ^'m i _
GRADES OVER 3% NONE J o wo: In F z m o z
CURVES OVER 2' ( +m 7 a
BALL BANK or ADVISORY SPEED NONE co-1, =
RES. SIGHT DISTANCE NONE
DEVELOPMENT
DIST. DALLAS COUNTY COLLIN MINUTE NO. MP 06.8,5
RUSTIC
REPLACE•
HIGHWAY FM 3412 CITY WYLIE REP,
OATS OF..REV 06/02 SCALE 6" = 1 MI cr
LIMITS OF ZONE
SECTION ONE LENGTH MILES SECTION
STA.OR M.P. CONT.&SECT. PROJECT
BEGINS BEGINS WINGING OARS
STA.OR N.P. CONT. I SECT. PROJECT
ENOS 8
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MATCH LINE A
Jr Texas Department of Transportation
P.O. BOX 133067• DALLAS,TEXAS 75313-3607•(214) 320-6100
June 21, 2002
Control: 619-6
Highway: FM 3412
County: Collin
Mr. Anthony Johnson
City Manager
City of Wylie
2000 Highway 78 North
Wylie, TX 75098
Subject: Speed Zoning on FM 3412 in Wylie
Dear Mr. Johnson:
Attached for your information and further handling is a computer printout of the speed
zone study on FM 3412 in the City of Wylie. We believe the recommended speeds will
correspond closely to the speeds at which the normal and prudent driver will drive under
the existing conditions.
Also attached for your information is a sample speed zone ordinance that might serve
as a guide in the preparation of your speed zone ordinance. We will also furnish and
install the necessary signs at the proper locations upon receipt of the signed ordinance
from the City of Wylie establishing the new speed limits. If we haven't heard from your
office within 90 days concerning this speed zone study, we will assume concurrence and
we will begin proceedings to have the zoning adopted by Commission Minute.
We appreciate the interest you have shown and the cooperation you have given. If we
may be of further assistance, please feel free to contact Mr. Phil Portillo at the above
address or by telephone at 214/320-6620.
Sincerely,
fo& Terry . Sams, P.E.
Director of Transportation Operations
Attachments
An Equal Opportunity Employer
VVYLIE CITY COUNCIL
AGENDA ITEM NO. C .
August 13, 2002
Issue
Consider and act upon approval of an ordinance adopting a Drought Contingency Plan as required by
the Texas Natural Resource Conservation Commission.
Background
The Texas Natural Resources Conservation Commission(TNRCC)mandates that water providers
develop an emergency water management plan. The plan identifies the water system's vulnerability
to thought and defines criteria for initiating or terminating drought response measures. The drought
response measures include such items as curtailment of non-essential uses, rationing, and alternative
water sources which are triggered by the limitations of the City's water system and the water
demand. The City's plan also incorporates the plan adopted by the North Texas Municipal Water
District.
Financial Considerations
N/A
Other Considerations
N/A
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends approval of the proposed ordinance.
Attachments
Ordinance
Drought Contingency Plan
d ,LAc /
Prepared by Review- Finance City Man pproval
ORDINANCE NO.
AN ORDINANCE ADOPTING A CITY OF WYLIE DROUGHT CONTINGENCY
PLAN: PROVIDING A PENALTY OF NOT LESS THAN $100 PER DAY NOR
MORE THAN$1000 PER DAY FOR EACH DAY OF NON-COMPLIANCE AND/OR
DISCONNECTION OF WATER SERVICES TO SUCH USERS BY THE CITY: A
PUBLIC NEED OF AN EMERGENCY NATURE FOR THE ADOPTION HEREOF
OF ONE READING: PROVIDING FOR PUBLICATION AND ORDAINING
OTHER MATTERS RELATED TO THE FOREGOING.
BE IT ORDAINED BY THE CITY OF WYLIE,TEXAS:
WHEREAS,the City Council has determined it in the best interest of the City of Wylie,Texas
to adopt a Water Conservation Plan and Drought Contingency Plan,and
WHEREAS, the City Staff has recommended that such Plan be adopted by the City
Council,and
WHEREAS, the City Council now desires to evidence its approval of the Drought
Contingency Plan and adopt such plan as an official policy of the City;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY OF WYLIE,TEXAS:
Section 1: Approval of the Plan
The City Council hereby approves and adopts as the City's Drought Contingency Plan attached
hereto as Exhibit "A" to be included in full as a part of this Ordinance as if recited verbatim
herein. The City commits to implement the program according to the procedures set forth in
the adopted plan.
Section 2: Reports
The City shall report to the Texas Water Development Board annually on the implementation
and effectiveness of the plan in accordance with the outline set forth in the plan.
Section 3: Threshold Conditions
In regards to implementation and enforcement of the Drought Contingency Plan, the City
Manager is designated as the official responsible for implementation and enforcement, and the
guidelines for threshold determinations as listed in the Plan are hereby adopted.
-1-
In the event severe or critical conditions persist (as defined in the Plan) for an extended period
of time, the City may ration water usage and/or terminate service to selected users of the
system in accordance with the following sequence of increasing priority:
(1) Recreational Users
(2) Commercial Users
(3) Industrial Users
(4) School Users
(5) Residential Users
(6) Hospitals,Public Health and Safety Facilities
Section 4. Penalty
Users of City water except for the City, that do not comply with Section 3 of this Ordinance
shall be subject to a penalty and fine of not less than$100.00 per day nor more than$1000.00
per day for each day of non-compliance and/or disconnection or discontinuance of water
services to such users by the City. The fines shall be as listed on Table B of the Plan.
Section 5: Notice
The City Council finds and declares that a sufficient written notice of the date,hour, place and
subject of this meeting of the City Council was posted at a designated place convenient to the
public at the City Hall for the time requires by law preceding this meeting and that such place
of posting was readily accessible at all times to the general public;that all of the foregoing was
done as required by law;and that this meeting has been open to the public as required by law at
all times during which this Ordinance and the subject matter thereof has been discussed,
considered and formally acted upon.
The City Council further rectifies, approved and confirms such written notice and the contents
and posting thereof.
Section 6: Effective Date
This ordinance shall become effective upon publication.
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PASSED AND APPROVED on this day of ,2002.
John Mondy
Mayor
ATTEST:
Barbara Salinas
City Secretary
REVIEWED AS TO FORM&LEGALITY:
City Attorney
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CITY OF WYLIE, TEXAS
DROUGHT CONTINGENCY PLAN
A. INTRODUCTION
The City of Wylie is a rapidly growing community with a current population of about 18,500.
There are a combined total of 353 industrial and commercial water customers within the City
that require large volumes of water for industrial uses. The City of Wylie obtains treated water
from the North Texas Municipal Water District and is a member City in the North Texas
Municipal Water District. The North Texas Municipal Water District (NTMWD) obtains raw
water from a number of sources that are delivered to Lake Lavon. The NTMWD water
treatment plant is located in the City of Wylie.
The purpose of the Drought Contingency Plan is to establish methods and procedures to deal
with temporary situations of critical water supply. The stages in the Plan are specifically
identified as mild drought or limitations, moderate drought or limitations, severe drought or
limitations, and critical or emergency conditions. The critical or emergency conditions stage
includes contamination,or disaster conditions.
B. PUBLIC AND CITY INVOLVEMENT
The provisions of this Plan shall apply to all City of Wylie customers including any future
amendments to the Plan as passed by the City Council of the City of Wylie.
Opportunity for public input into the Plan will be accomplished by publishing a notice in the
local newspaper about the Plan regarding a public meeting scheduled to seek public input. A
rough draft of the Plan was provided to the NTMWD for their review and comment.
Upon adoption of the Final Plan, an advertisement will be placed in the newspaper offering
a free copy for 30 days to any customer.
A copy of the Final Plan will also be provided to the North Texas Municipal Water
District.
The City will review the provisions of this plan and update the plan as appropriate or at
least once every five years.
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C. THRESHOLD CONDITIONS
Four threshold conditions have been established for the critical situations listed above. The
City of Wylie will implement the drought contingency measures,to the degree necessary,when
conditions are met for any of these situations.
Essentially, for the threshold conditions to be met for any of these situations, the demand on
the water system must exceed, or threaten to exceed, the supply available. Therefore, one
critical element in this plan is to constantly be aware of the water supply available to the City of
Wylie.
The types of problems most likely to create a threshold condition, as described above, include,
but are not limited to,the following:
Demand approaching or exceeding the total system capacity;
Demand approaching or exceeding the total delivery capacity of the provider (North
Texas Municipal Water District);
Contamination of provider's raw water source;
Mechanical or electrical failure at the water plant or pumping station(s);
A significant fluctuation in the groundwater table is detected;
Water levels in storage tanks are not being maintained at a level of at least 75%of their
capacity.
The following threshold conditions have been established for the City of Wylie to utilize in
determining the degree of urgency for initiation of the Drought Contingency Plan and for the
triggers for each stage of the plan. The threshold conditions may be created by one or more of
the problems just described or by other conditions which may arise.
1. Mild Conditions Occur When:
Average daily water use reaches 90%of the system's firm pumping capacity.
Average daily water use reaches 90%of the production capacity and/or the contractual
amount of the water provider.
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2. Moderate Conditions Occur When:
Average daily water consumption reaches 95% of the system's firm pumping capacity
for a period of three days.
Average daily water consumption reaches 95% of the production capacity and/or the
contractual amount of the water provider.
Water levels in ground and/or elevated storage facilities are not being maintained
(greater than 50% of full volume) during periods when the water plant is operating at
100%of its production capacity.
3. Severe Conditions Occur When:
Average daily water consumption reaches 100%of the system's total pumping capacity
(high service pumping capacity)for a period of three days.
Average daily water consumption exceeds 100% of the production capacity and/or the
contractual amount of the water provider.
Water levels in ground and/or elevated storage facilities are less than 25% of full
volume.
Water system fails due to acts of God (tornadoes, hurricanes, etc.) or man. Severe
conditions are reached immediately upon detection.
4. Critical or Emergency Conditions Occur When:
Average daily water consumption reaches 100%of the system's total pumping capacity
(high service pumping capacity)for a period of ten days.
Average daily water consumption exceeds 100% of the production capacity and/or the
contractual amount of the water provider.
Water levels in ground and/or elevated storage facilities are less than 15% of full
volume.
Water source is identified as contaminated by the supplier;
Water system fails due to acts of God (tornadoes, hurricanes, etc.) or man. Critical or
emergency conditions are reached immediately upon detection.
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The City of Wylie may establish any threshold condition it deems appropriate. Drought
contingency measures outlined in this program, as well as additional measures, can be
implemented at any time. In emergency situations,the City of Wylie Manager has the authority
to enact any of the conditions that might be appropriate. Also, demand conditions and water
supply conditions do not have to occur simultaneously to invoke the threshold conditions.
D. DROUGHT CONTINGENCY MEASURES
The Drought Contingency Measures are outlined below and summarized on Table A.
1. Mild Conditions
The City of Wylie will place a Notice of Drought Contingency Plan Implementation in
the local newspaper to inform the public that the Stage 1 condition has been reached.
The Notice will include a list of Drought Contingency Plan Stage 2 Mandatory
Restrictions. Stage 1 restriction is to restrict watering from 10 a.m. to 7 p.m. All
consumers will be requested to voluntarily limit watering to two days a week.
2. Moderate Conditions
The City of Wylie will place a Notice of Drought Contingency Plan Implementation
in the local newspaper to inform the public that the Stage 2 condition has been
reached. The Notice will include a list of Drought Contingency Plan Stage 3
Mandatory Restrictions. Stage 2 water use restrictions include the following:
a. Watering time restriction from Stage 1 is continued.
b. All landscape and lawn watering using irrigation systems and hose end
sprinklers shall be limited to two days a week in accordance with the following
schedule:
Even Address: Monday&Thursday Odd Address: Tuesday&Friday
c. All City parks and golf courses supplied by the City will be required to restrict
watering to two days a week on the same basis.
d. All noncommercial vehicle washing shall be limited to the same two days a
week as required for watering.
e. Water deliveries to wholesale customers will be curtailed by use of rate of flow
controllers as provided in Texas Water Code §11.039.
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3. Severe Conditions
The City of Wylie will place a Notice of Drought Contingency Plan Implementation
in the local newspaper to inform the public that the Stage 3 condition has been
reached. The Notice will include a list of Drought Contingency Plan Stage 4
Mandatory Restrictions. Stage 3 water use restrictions include the following:
a. Watering time restriction from Stage 1 is continued.
b. All landscape and lawn watering using irrigation systems and hose end
sprinklers shall be limited to once every five days in accordance with the
following schedule:
Ending Number of Address Allowable Watering Dates
0&5 5, 10, 15,20,25 &30
1 & 16 1,6, 11, 16,21 &26
2&7 2, 7, 12, 17,22&27
3 &8 3, 8, 13, 18,23 &28
4&9 4,9, 14, 19,24&29
c. All City parks and golf courses supplied by the City will be required to restrict
watering to one out of five days on the same basis.
d. All noncommercial vehicle washing shall be limited to the same one day out of
five as required for watering.
e. All hosing off pavement and other nonessential use is prohibited unless the City
grants a variance to allow such activities.
f. Water deliveries to wholesale customers will be curtailed by use of rate of flow
controllers as provided in Texas Water Code §11.039.
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4. Critical or Emergency Conditions
The City of Wylie will provide for water to be trucked into the City in cases where
Critical or Emergency Conditions persist and it is determined that the health or
safety of the public requires that such measures be taken.
The City of Wylie will place a Notice of Drought Contingency Plan
Implementation in the local newspaper to inform the public that the Stage 4
condition has been reached. The Notice will include a list of Drought Contingency
Plan Stage 4 Mandatory Restrictions. Stage 4 water use restrictions include the
following:
a. All landscape and lawn watering using irrigation systems and hose end
sprinklers shall be prohibited until return to Stage 3 or lower without the City
granting a variance.
b. All vehicle washing is prohibited until return to Stage 3 or lower without the
City granting a variance.
c. All hosing off pavement and other nonessential use is prohibited unless the City
grants a variance to allow such activities.
d. All non-emergency uses of water are prohibited unless the City grants a
variance to allow such activities.
e. Water deliveries to wholesale customers will be curtailed by use of rate of flow
controllers as provided in Texas Water Code §11.039.
E. INFORMATION AND EDUCATION
To the extent possible, the public should be advised of impending drought conditions prior to
the start of Drought Conditions Operations.
At each stage of Drought Conditions Operations, notice shall be provided as outlined in the
Plan and as shown in TABLE A,or as deemed appropriate by City Council.
Education operations will also include distribution of information on how water users can
conserve water and lower utility costs.
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Public notifications will also be used to inform the public when Drought Conditions Operations
have changed the Stage of operations and when they have ended and water supply operations
have returned to normal.
F. VARIANCES
After consideration of the impact on other water users, including emergency needs, the City
Manager may, in writing, grant a temporary variance,for a period not to exceed 14 days,to the
Contingency Plan Operations water use requirements provided by the Plan if it is determined
that failure to grant such variance would cause an emergency condition affecting the public
health,welfare or safety and if one or more of the following conditions are met:
1. Compliance with the Plan cannot be technically accomplished during the duration of
the water supply shortage or other condition for which the Plan is in effect.
2. Alternative methods can be implemented that will achieve the same level of reduction
of treated water use.
3. Strict compliance with the Plan would result in catastrophic economic impact to a
business depending on the use of water for the purposes restricted by the Plan and an
acceptable plan is submitted to significantly reduce water usage and it is determined by
the City Engineer that sufficient water resources are available for the requested
variance.
Customers requesting an exemption from the provisions of the Plan shall file a petition for
variance with the City Manager within 5 business days of the implementation of the Plan.
All petitions for variances shall be reviewed by the City Engineer and may only be
approved by the City Council. All petitions for variances shall include the following:
1. Name and address of the petitioner(s).
2. Detailed statement with supporting data and information as to how the water use
restrictions under the Plan adversely affects the petitioner or what damage or harm
will occur to the petitioner or others if the petitioner complies with the Plan.
3. Description of relief requested and a plan to significantly reduce water usage if
variance is sought under Section E as outlined in the Plan.
4. Period of time for which the variance is sought.
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c\windows\temp\drought(I).doc
5. Variance granted by the City of Wylie shall expire when the Plan is no longer in
effect.
No variance shall be retroactive or otherwise justify any violation of this plan occurring
prior to the issuance of the variance.
G. IMPLEMENTATION AND ENFORCEMENT
The City Manager with consultation with the City Council of the City of Wylie may
authorize Drought Conditions Operations in the City of Wylie when advised by City staff
that threshold conditions have been attained. The City Manager with consultation with
the City Council may also authorize Drought Conditions Operations as necessary due to
significant equipment failure, natural disaster or other cause that impacts the City of Wylie
water distribution system.
After authorization by City Council, the City Manager will cause an advertisement to be
placed in the local newspaper to notify the public that the City will begin Drought
Conditions Operations and inform the public of the requirements and fines as each stage
begins and ends. For Stage 2 Operations an advertisement will be placed in the newspaper
and/or mailing a notice of Stage 2 and Stage 3 requirements and fines. For Stage 3
Operations an advertisement will be placed in the newspaper and/or mailing a notice with
public service announcements as deemed appropriate of Stage 3 and Stage 4 requirements
and fines. For Stage 4 Operations an advertisement will be placed in the newspaper
and/or mailing a notice with public service announcements as deemed appropriate of Stage
4 requirements and fines.
Once the authorization has been given, operations shall continue under the Drought
Contingency Plan, with progression from one stage to another as determined by the
appropriate trigger condition. Operations may be returned to normal procedures once the
trigger conditions have dissipated and by authorization of the City Council.
The City Council will pass Ordinances that set forth the fines and penalties included in the
Plan and authorize the issuance of citations for violations of the water use requirements
contained in the Plan.
The City will require every wholesale water contract entered into, extended or renewed after
adoption of the Plan to include a provision stating that in case of a shortage of water resulting
from drought, the water to be distributed shall be divided in accordance with Texas Water
Code §11.039.
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H. SEVERABILITY
It is hereby the intention of the City of Wylie that the sections, paragraphs, sentences, clauses,
phrases and tables or section of this Plan are severable and, if any phrase, paragraphs,
sentences, clauses, phrases and tables or section of this Plan shall be declared unconstitutional
by the valid judgment and decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining paragraphs, sentences,clauses,phrases
and tables or sections of this Plan, since the same would not have been enacted by the City of
Wylie without incorporation into this Plan of any such unconstitutional paragraphs, sentences,
clauses,phrases and tables or section.
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City of Wylie, Texas
Drought Contingency Plan
TABLE A - RESPONSE STAGES AND MEASURES
Drought Response Stage Triggers Response Measures
1)(a)Increase public awareness with Notice of Drought Contingency Plan Implementation in local newspaper
Stage 1 Ave.Daily Use 90%Firm Capacity 1)(b)Notice to include a list of the Drought Contingency Plan Stage 2 Mandatory Restrictions and Fines
Mild Drought or Limitations Ave.Daily Use 90%of Contract 2)Implement Stage 1 Restriction-Watering is not allowed from 10 a.m.to 7 p.m.
3)Request voluntary reduction of non-essential water use including limiting watering to 2 days a week
1)(a)Provide Notice of Drought Contingency Plan Stage 2 Implementation in newspaper and/or mailing
Ave.Use 95%Capacity(3 days) I)(b)Notice includes the Drought Contingency Plan Stage 2 and Stage 3 Mandatory Restrictions and Fines
Ave.Use 95%of Contract 2)(a)Continue Stage 1 Restriction
Stage 2 Storage Water Levels Not>50% 2)(b)Implement Stage 2 Restrictions
Moderate Drought or
Limitations &Water Plant at 100%Production (i)All landscape watering using irrigation systems and hose end sprinklers limited to 2 days a week
Even Address:Monday&Thursday ---- Odd Address:Tuesday&Friday
(ii)Golf courses and parks supplied by the City required to water only 2 days a week on the same basis
(iii)All noncommercial vehicle washing limited to the same 2 days a week as required for watering
1)(a)Provide Notice of Drought Contingency Plan Stage 3 Implementation in newspaper and/or mailing
Ave.Use 100%Capacity(3 days) 1)(b)Notice includes Drought Contingency Plan Stage 3 and Stage 4 Mandatory Restrictions and Fines
Ave.Use 100%of Contract 2)(a)Continue Stage 1 Restriction
Storage Water Levels Are<25% 2)(b)Implement Stage 3 Restrictions
&Water Plant at 100%Production (i)All landscape watering using irrigation systems and hose end sprinklers limited every 5 days
Stage 3 Water System Fails Temporarily Address Ends Allowed Dates
Severe Drought or 0&5 5, 10, 15,20,25&30
Limitations 1&6 1,6, 11, 16,21&26
2&7 2,7, 12, 17,22&27
3&8 3,8, 13, 18,23&28
4&9 4,9, 14, 19,24&29
(ii)Golf courses and parks supplied by the City required to water once every 5 days on the same basis
(iii)All noncommercial vehicle washing limited to the same once per 5 days as required for watering
(iv)All hosing off pavement or buildings is prohibited unless a variance is granted by the City
1)(a)Provide Notice of Drought Contingency Plan Stage 4 Implementation in newspaper and/or mailing
Ave.Use 100%Capacity(3 days) 1)(b)Notice to include the Drought Contingency Plan Stage 4 Mandatory Restrictions and Fines
Stage 4 Ave.Use 100%of Contract 2)Implement Stage 4 Restrictions
Critical or Emergency Storage Water Levels Are<25% (i)All watering prohibited until return to Stage 3 or lower without a variance granted by the City
Conditions &Water Plant at 100%Production (ii)All vehicle washing prohibited without a variance granted by the City
Water System Fails Temporarily (iii)All hosing off pavement or buildings is prohibited unless a variance is granted by the City
(iv)All non-emergency uses of water are prohibited until return to Stage 3 or lower restrictions
-10-
City of Wylie, Texas
Drought Contingency Plan
TABLE B - FINES
Drought o ViolationFine
1st Occurrence
Stage 1 Minimum$100 and Maximum $250
Watering Time Restriction
Mild Drought or Limitations 2nd Occurrence&All Thereafter
Minimum $250/day and Maximum $500/day
1st Occurrence
Minimum $100 and Maximum $250
Watering Time Restriction
2nd Occurrence&All Thereafter
Minimum$250/day and Maximum$500/day
Stage 2 1st Occurrence
Moderate Drought or Limitations Minimum$250 and Maximum$500
Watering Day Restriction
2nd Occurrence&All Thereafter
Minimum$500/day and Maximum $1000/day
All Occurrences
Vehicle Washing
Minimum$100 and Maximum$250
1st Occurrence
Minimum$100 and Maximum$250
Watering Time Restriction
2nd Occurrence&All Thereafter
Minimum$250/day and Maximum$500/day
l s`Occurrence
Stage 3 Minimum $250 and Maximum $500
ht or Limitations Watering Day Restriction
Severe Drought 2nd Occurrence&All Thereafter
Minimum$500/day and Maximum$1000/day
All Occurrences
Vehicle Washing
Minimum$100 and Maximum $250
Hosing of Pavement&Buildings All Occurrences
Other Nonessential Use Minimum$100 and Maximum$250
All Occurrences
Watering Time Restriction
Minimum$250/day and Maximum$500/day
All Occurrences
Watering Day Restriction
Minimum$500/day and Maximum$1000/day
Stage 4 All Occurrences
Critical or Emergency Conditions Vehicle Washing
g Y Minimum $250 and Maximum $500
All Occurrences
Hosing of Pavement&Buildings
Minimum $250 and Maximum$500
All Occurrences
All Other Non-Emergency Uses
Minimum$250 and Maximum$500
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VV'YLIE CITY COUNCIL
AGENDA ITEM NO. D.
August 13, 2002
Issue
Consider and act upon an ordinance annexing all of a certain 52.291 acres out of the Duke Strickland
Survey, Abstract 841 and the I. Clifton Survey, Abstract No. 193, Collin County, Texas, generally
located at the southwest corner of FM 544 and Sanden Blvd.
Background
In 1995, the City of Wylie annexed a large area of land, generally located along F.M. 544 in the
western portion of the City. Due to a error in a legal description, 52.3 acres bounded by Muddy Creek
on the west, F.M. 544 on the north and Sanden on the east was never officially annexed into the City as
earlier believed. The property includes two businesses and agricultural uses. Should the City Council
approve the proposed annexation,the property will be zoned as BC(Business Center).
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 26, 2002
First Public Hearing July 8, 2002
Second Public Hearing July 9, 2002
Adoption of Ordinance August 13, 2002
Financial Consideration
The current property tax rate for the City of Wylie is .72 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 43.052 (h)(1) and 43.063 of the Local
Government Code.
Board/Commission Recommendations
N/A
Staff Recommendations
Approval
Attachments
Area Map
Ordinance
Service P
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Ordinance No.
AN ORDINANCE ANNEXING A CERTAIN 52.291 ACRE TRACT OUT OF THE
DUKE STRICKLAND SURVEY, ABSTRACT 841 AND THE I. CLIFTON
SURVEY, ABSTRACT No. 193, CITY OF WYLIE, COLLIN COUNTY, TEXAS;
PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-
DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS
AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED;
PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND
COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION THEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority
of Section 43.021. Local Government Code and the City of Wylie, Texas' (Wylie)Home Rule Charter,
investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants
to annex the below-described property(the "Property")to Wylie; and
WHEREAS, prior to conducting the public hearings required under Section 43.063, Local
Government Code, the City Council also investigated and determined that the Property is within the
extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie;
and
WHEREAS, before the publication of the notice of the first public hearing regarding the
annexation of the Property, the City Council directed the appropriate persons to prepare a service plan
that provides for the extension of full municipal services to the Property to be annexed; and
WHEREAS, the City Council finds that the service plan has been prepared in full compliance
with Section 43.056, Local Government Code, and has been made available for public inspection and
was available for explanation to the inhabitants of the Property at the public hearings; and
WHEREAS, the City Council finds that the field notes close the boundaries of the Property
being annexed; and
WHEREAS, the City Council has conducted at least two (2) public hearings at which persons
interested in the annexation were given an opportunity to be heard regarding the proposed annexation
and the proposed service plan; and
WHEREAS, the City Council finds that the public hearings were conducted on or after the
fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation
proceedings;and
WHEREAS, the City Council finds it has completed the annexation process within ninety (90)
days after the City instituted the annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing
requirements for annexation have been performed and completed in the manner and form set forth by
law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: The Property described in "Exhibit A" and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "BC"
Business Center.
SECTION 2: The Service Plan for the Property is attached hereto as "Exhibit B" and made a
part hereof for all purposes.
SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of
Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens
of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in
conformity with the City Charter and the laws of the State of Texas.
SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the
property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in
the County Clerk's office of Collin County, Texas.
SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the
Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning
Ordinance No. 2001-48, and any amendments thereto; and it shall be unlawful for any person, firm or
corporation to construct on the Property any building that is not in conformity with the permissible use
under this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendments
thereto.
SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and
Comprehensive Zoning Ordinance No. 2001-48, and any amendment thereto, shall be deemed guilty of
a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 00/100
Dollars ($2000.00), and each and every day such violation continues shall be considered a separate
offense;provided, however, such penal provision shall not preclude a suit to enjoin such violation.
SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under
Comprehensive Zoning Ordinance No. 2001-48, and any amendments thereto, be declared
unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and
all remaining portions shall remain in full force and effect.
SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are
in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and
effect
SECTION 9: The caption of this Ordinance shall be published in accordance with the law and
the City Charter and shall be effective immediately upon its passage or as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this
9th day of July, 2002.
JOHN MONDY, Mayor
ATTESTED TO AND CORRECTLY RECORDED BY:
BARBARA SALINAS, City Secretary
Exhibit "A"
Being a tract of land situated in the Duke Strickland Survey, Abstract 841 and the I. Clifton Survey,
Abstract No. 193, City of Wylie, Collin County, Texas and being all of Tract I a 34.412 acre tract of
land and all of Tract II a 0.476 acre tract of land as conveyed to R. Richard Parker and Ben L. Scholz
by deed recorded in Volume 4708, Page 1628, Deed Records, Collin County, Texas, being all of a 5.00
acre tract of land conveyed to Barry Patrick and Sue Patrick by deed recorded in Volume 4719, Page
1985, Deed Records, Collin County, Texas, being part of Tract B a 15.296 acre tract of land conveyed
to F. O. Birmingham Memorial Land Trust by deed recorded under County Clerk's File Number 92-
0091825, Deed Records, Collin County, Texas, being all of a 5.73 acre tract of land conveyed to RSR,
LLC by deed recorded in Volume 5120, Page 3027, Deed Records, Collin County, Texas, being all of
a 1.16 acre tract of land conveyed to Barry Patrick and Sue Patrick by deed recorded in Volume 4802,
Page 1679, Deed Records, Collin County, Texas, being all of a tract of land conveyed to the City of
Wylie by deed recorded in Volume 5120, Page 3021, Deed Records, Collin County, Texas and being
all of Tract E (remainder tract) as conveyed to F.O. Birmingham Memorial Land Trust by deed
recorded under County Clerk's File Number 92-0091825, Deed Records, Collin County, Texas and
being more particularly described as follows:
BEGINNING at the northwest corner of said Parker and Scholz Tract I;
THENCE, South 87 deg. 43'49" East, along the north line of said Parker and Scholz Tract I, a distance
of 1435.05 feet to a point for corner on the southerly right-of-way line of F.M. 544 (120' R.O.W.) a
being in a curve to the left having a central angle of 04 05'57", a radius of 5789.58 feet and a chord
which bears South 74 08'24" East, a distance of 414.13 feet;
THENCE, Southeasterly along the southerly right-of-way line of F.M. 544 (120' R.O.W.) a said curve
to the left, an arc distance of 414.21 feet to a concrete right-of-way monument found for corner;
THENCE, South 39 deg. 45'49" East, along the southerly right-of-way line of F.M. 544 (120' R.O.W.),
a distance of 31.91 feet to the northwest corner of said Parker and Scholz Tract H;
THENCE, South 40 deg. 14'13" East, along the southerly right-of-way line of F.M. 544, a distance of
48.40 feet to a re-entrant corner of said Parker and Scholz Tract II;
THENCE, South 76 deg. 2723" East, along the southerly right-of-way line of F.M. 544 and a north
line of said Parker and Scholz Tract II, a distance of 27.65 feet to the northeast corner of said Parker
and Scholz Tract II and being on the westerly right-of-way line of Sanden Boulevard (55' R.O.W.) as
dedicated by Final Plat Sander Addition, an Addition to the City of Wylie, Collin County, Texas by
plat recorded in Cabinet G, Page 543, Map Records, Collin County, Texas;
THENCE, southerly, along the west right-of-way line of Sanden Boulevard (55' R.O.W.), the east line
of said F.O. Birmingham Memorial Land Trust Tract E remainder tract, the east line of said City of
Wylie 0.467 acre tract,the east line of Barry Patrick 1.16 acre tract the following:
South 03 deg. 58'22" East, a distance of 674.73 feet to a point for corner;
South 03 deg. 40'22" West, a distance of 240.74 feet to a point for corner;
South 05 deg. 14'18"West, a distance of 339.79 feet to a point for corner;
South 04 deg. 1733"West, a distance of 882.62 feet to a point for corner;
South 01 deg. 13'23" West, a distance of 86.99 feet to a point for the southeast corner of said F.O.
Birmingham Memorial Land Trust Tract E;
THENCE, North 87 deg. 59'14" West, along the south line of said F.O. Birmingham Memorial Land
Trust Tract E, a distance of 32.83 to a point for corner being in a curve to the left having a central
angle of 00 02'21", a radius of 3756.44 feet and a chord which bears North 03 25'55" East a distance of
2.57 feet;
THENCE, northwesterly, along the west line of said F.O. Birmingham Memorial Land Trust Tract E
and said curve to the left, an arc distance of 2.57 feet to the end of said curve;
THENCE, North 03 deg. 24'45" East, along the west line of said F.O. Birmingham Memorial Land
Trust Tract E, a distance of 86.45 to the southeast corner of said Barry Patrick 5.00 acre tract;
THENCE, northwesterly, along the westerly lines of said Barry Patrick 5.00 acre tract, the southerly
lines of said Parker and Scholz Tract I and the meanders of Muddy Creek as follows:
North 78 deg. 36'15"West, a distance of 100.81 feet to a point for corner;
North 14 deg. 40'30"West, a distance of 115.00 feet to a point for corner;
North 26 deg. 36'00" East, a distance of 228.60 feet to a point for corner;
North 61 deg. 12'30"West, a distance of 203.40 feet to a point for corner;
North 32 deg. 54'55" East, a distance of 53.50 feet to a point for corner;
North 57 deg. 34'50" East, a distance of 73.30 feet to a point for corner;
North 53 deg. 59'30"West, a distance of 135.00 feet to a point for corner;
North 12 deg. 51'15" West, a distance of 108.00 feet to a point for corner;
South 73 deg. 14'40" East, a distance of 20.00 feet to a point for corner;
North 29 deg. 13'15"West, a distance of 104.00 feet to a point for corner;
North 82 deg. 34'00"West, a distance of 138.00 feet to a point for corner;
North 49 deg. 00'10"West, a distance of 68.45 feet to a point for corner;
North 22 deg. 06'04"West, a distance of 151.05 feet to a point for corner;
North 45 deg. 55'34"West, a distance of 248.50 feet to a point for corner;
North 69 deg. 32'04"West, a distance of 366.50 feet to a point for corner;
North 20 deg. 49'44" West, a distance of 90.00 feet to a point for corner;
North 21 deg. 14'21"East, a distance of 110.00 feet to a point for corner;
North 58 deg. 52'34"West, a distance of 121.60 feet to a point for corner;
South 14 deg. 56'26"West, a distance of 121.00 feet to a point for corner;
North 75 deg. 06'24"West, a distance of 117.90 feet to a point for corner;
North 19 deg. 28'09" West, a distance of 70.00 feet to a point for corner;
South 76 deg. 2726"West, a distance of 181.80 feet to a point for corner;
North 10 deg. 43'41"East, a distance of 114.80 feet to a point for corner;
North 56 deg. 54'59" West, a distance of 208.30 feet to a point for corner;
North 17 deg. 36'33" East, a distance of 173.70 feet to a point for corner;
North 44 deg. 50'04"West, a distance of 73.00 feet to a point for corner;
South 45 deg. 51'51"West, a distance of 76.81 feet to a point for corner;
South 42 deg. 49'41"West, a distance of 93.10 feet to a point for corner;
South 72 deg. 55'58" West, a distance of 108.18 feet to a point for the southwest corner of said Parker
and Scholz Tract I;
THENCE, North 04 deg. 15'46" East, along the west line of said Parker and Scholz Tract I, a distance
of 600.71 feet to the Point of Beginning and containing 52.291 acres of land.
Exhibit"B"
CITY OF WYLIE,TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO.:
DATE OF ANNEXATION ORDINANCE:
ACREAGE ANNEXED: 52.291 acres
SURVEY, ABSTRACT & COUNTY: Duke Strickland Survey, Abstract 841 and the I. Clifton
Survey,Abstract No. 193,City of Wylie, Collin County,Texas
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
cervirec will he nrnvirlerl to thic area ac are fiirnicherl thrnnvhnnt 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.
IL 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(4 1/2)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(601 rave nfthe effective date nfthe annexation nrdinance
4. Private water lines within this property shall be maintained by their owners in accordance
with existing policies applicable throughout the City.
L 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(4 1/2)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.
NVYLIE CITY COUNCIL
AGENDA ITEM NO. I .
August 13, 2002
Issue
Consider and act upon the award of a contract for the 12-inch water line along Sanden Boulevard to
Morrow Construction Co. in the amount of$37,103.
Background
The City's Water and Sewer Master Plan indicates a 12-inch water line along Sanden Blvd. Recent
developments along Sanden have constructed portions of the water line from FM 544 south and from
Hensley Lane north. The construction contract includes approximately 833 linear feet of 12-inch
water line and all related appurtenances.
Eight bids were opened on June 28, 2002 and Morrow Construction Co. submitted the low bid. The
contract establishes a construction time of 45 days.
Financial Considerations
The FY 2002 budget included$90,000 for the Sanden water line project.
Summary of Fees
Engineering Services 10,900
Surveying Services 3,000
Construction 37,103
Total $51,003
Other Considerations
The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the
Texas Local Government Code.
Board/Commission Recommendations
N/A
Staff Recommendations
Staff recommends that Council award a contract to Morrow Construction Co. to provide all
equipment, labor and materials for the construction of the 12-inch water line along Sanden
Boulevard.
Attachments
Recommendation Letter from The Hogan Corporati n
Bid S ry
Prepared by evie by finance City Man Approval
THE HOGAN CORPORATION
Engineers • Planners • Consultants
July 16, 2002
Mr. Biff Johnson
City Manager
City of Wylie
2000 Hwy. 78 North
Wylie, TX 75098
Attention: Chris Hoisted, P.E.
Re: Sanden Boulevard Water Main
THC #002-59.20
Dear Mr. Johnson:
On June 28, 2002, a total of eight(8)bids for the referenced project were received in your offices
and opened. Morrow Construction Co. (Morrow) submitted the apparent low base bid in the
amount of$37,103. All bid submittals have been subsequently reviewed and tabulated. No
mathematical errors or discrepancies in any submittals were noted. A copy of the bid tabulation
is attached.
We reviewed qualification information submitted by Morrow, and contacted several of the
references provided. Based on our review of the qualification information submitted and our
personal experiences with Morrow on previous projects, we see no reason to believe that Morrow
would be incapable of performing this work.
It is therefore recommended that the City of Wylie award the project to Morrow Construction for
their low base bid of$37,103.00. Please let us know if there are any comments or questions.
Very truly yours,
THE HOGAN CORPORATION
/4e' idenT
Enclosures
/I Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455
�J Member, American Consulting Engineers Council Dallas, Texas 75252
TEL: (972) 380-4646
FAX: (972) 380-4633
City of Wylie Bids Received.
SANDEN BOULEVARD WATER MAIN rune 28,2002,11 a.m.
BID SUMMARY
Morrow Construction Fox Contractors Tn-Can Services R-Con Moss Construction Site Concrete UUS Calhar Construction Unit Price Bid Analysis
item Est. Average
I Qty. Unit Description Unit Price Amount Unit Price Amount Unit Pnce Amount link price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Minimum Maximum Average Median Deviation
Base Bid Items -
1 833 LF. Furnish and instae(DR-18)12"PVC,C-900 water line by $30.00 $24,990.00 $31.50 $26,239.50 $42.00 $34,986.00 $54.75 $45,606.75 $52.30 $43,565.90 $36.00 $29,988.00 $59.96 $49,946.68 $46.25 $38,526.25 $30.00 $59.96 $44.10 $44.13 $9.22
open cut
2 10 LF. Fumish and install by open M,20"steel csirg pipe $42.00 $420.00 $50.00 $500.00 $30.00 $300.00 ;60.00 $600.00 $50.00 ;500.00 $100.00 $1,000.00 $115.55 $1,155.50 $151.00 $1,510.00 $30.00 $151.00 $74.82 $55.00 $35.52
3 0.5 Ton Furnish and install ductile iron fittings $3,600.00 $1,800.00 $5,420.00 $2,710.00 $2,800.00 $1,400.00 $3,250.00 $1,625.00 $3,625.00 $1,812.50 $3,000.00 $1,500.00 ;3,197.53 $1,573.77 $7,780.00 $3,890.00 $2,800.00 $7,780.00 $4,077.82 $3,425.00 $1,261.09
4 2 Ea. Furnish and install Ore hydrant assemblies $1,850.00 $3,700.00 $2,200.00 $4,400.00 $2,600.00 $5,200.00 $2,000.00 $4,000.00 $2,255.00 $4,510.00 $4,500.00 $9,000.00 $2,336.85 $4,673.70 $2,965.00 $5,930.00 $1,850.00 $4,500.00 $2,588.36 $2,295.93 $574.98
5 2 Ea. For conning to existing 12"water main $800.00 $1,600.00 $730.00 $1,460.00 $150.00 $300.00 $250.00 $500.00 $475.00 $950.00 $7,000.00 $14,000.00 $1,050.00 $2,100.00 $1,360.00 $2,720.00 $150.00 $7,000.00 $1,476.88 $765.00 $1,380.78
6 188 LF. Fumish and install 2000 psi concrete encasement $20.00 $3,760.00 $50.00 $9,400.00 $64.50 $12,126.00 $25.00 $4,700.00 $33.00 $6,204.00 $30.00 $5,640.00 $23.78 $4,470.64 $53.00 $9,964.00 $20.00 $64.50 $37.41 $31.50 $13.82
7 833 LF.Furnish and maintain tends safety system $1.00 $833.00 $0.25 $208.25 $1.00 $833.00 $0.50 $416.50 $0.50 $416.50 $1.00 $833.00 $0.10 $83.30 $7.50 $6,247.50 $0.10 $7.50 $1.48 $0.75 $1.50
Total-Base Bid Amount $37,103.00
$44,917.75 f55,145.00 $57,448.25 557,958.90
f61,961.00 %4,003.59 $68,787.75
THC 002-59.20
Tr6 HOCAN CARPORATiON Page 1
VVYLIE CITY COUNCIL
AGENDA ITEM NO. a- • l
August 13, 2002
Issue
Consider and act upon approval of an Ordinance abandoning the alley right-of-way within Block 34
of the Railroad Addition, being the segment running north-to-south between Butler Street and
Calloway Street and located between South Ballard Avenue and South Jackson Street.
Background
Keith Teague has requested that the City abandon that segment of the alley that lies between Ballard
Avenue and Jackson Street and extends between Butler and Calloway Streets. Dr. Teague desires to
construct a dental office at the corner of Ballard and Calloway,and to use a portion of the alley as an
access drive for parking at the rear of the building. Section VII.B.7 of the City of Wylie
Thoroughfare Standards states that"no parking stall shall be so designed as to allow any movement
into or out of the stall directly upon public right-of-way".
The alley was created by the platting ofthe Railroad Addition,one of the original subdivisions within
the City of Wylie. The segment of this abandonment request is 20 feet wide and 204 feet long,
containing 4,080 square feet. The alley is unimproved,but serves as the location ofpublic water and
sewer services and private gas, electric and telephone lines. These utilities will remain in place but
will be located within easements through future replatting and development ofthe adjacent properties.
On July 23, 2002, the City Council rezoned all properties abutting the subject alley segment from
Single-Family Residential(SF 8.5/17)to Corridor Commercial (CC)District. As part oftheir review
of the rezoning request,the Planning and Zoning Commission approved a Site Plan for the proposed
dental office at Ballard and Calloway reflecting utilization of the alley corridor as a private access
drive. Replatting of adjacent properties in order to incorporate the alley and create easements for the
utilities will require future approval by the Planning and Zoning Commission and City Council.
Dr. Teague is the sole owner of all properties abutting the subject alley on the east fronting Ballard
Street. Properties abutting the alley to the west are owned by the F.O. Birmingham Memorial Land
Trust and Jim Terry of the Regal Lube and Oil In response to staff inquiry, each of these other
abutting property owners have indicated agreement with the abandonment and closure as well as their
potential interest in ownership of that portion of the alley that abuts their parcels.
Financial Considerations
City Code(Ordinance No. 96-25)requires that the City convey, sell or exchange abandoned street or
alley property for fair market value, and is precluded from giving the property away or selling it for
less than fair market value. The City acquired the services of Right-of-Way Acquisition Consultants
to conduct an appraisal of the property and establish its fair market value. The appraisal(attached)
indicates that the fair market value of the property is established at $5.75 per square foot for the
4,080 square feet, or a total value of$23,460 and rounded by the appraiser to $23,500. The cost
of the appraisal is also to be paid proportionately by those purchasing the abandoned right-of-way. In
accordance with State law, these funds will be placed in the Street Capital Fund for purchases and
improvements of streets and/or alleys.
Other Considerations
1. In its unimproved condition,the subject alley cannot serve as access by fire and other emergency
vehicles or for trash collection. The existing utilities will remain in their current location,but will
be provided easements with the replatting of adjacent properties.
2. The alley was originally platted to serve small residential lots of narrow width and shallow depth.
The area is in transition from these older residential uses to newer and larger nonresidential uses
requiring street front access and parking and less likely to utilize the alley for access and services.
3. It is likely that improvements to State Highway 78,currently in the planning stage,will require the
closure of Butler Street, restricting access to this segment of the alley from that corridor.
Board/Commission Recommendations
Right-of-way abandonment requires only Council action and no review is required by any Board or
Commission. However,on July 16,2002,the Planning and Zoning Commission voted to recommend
approval of rezoning the property, and as part of that action, approved a Site Plan for the Teague
dental office that indicates conversion of the public alley to a private access drive and off-street
parking to the rear of the office building.
Staff Recommendations
Staff recommends abandonment of the subject alley segment.
Attachments
Ordinance
Appraisal
Prepared by Revi d b Finance City Manag pproval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING A
PORTION OF AN ALLEY:PROVIDING THAT SUCH ABANDONMENT SHALL
BE IN THE INTEREST IN WHICH THE CITY MAY LEGALLY AND
LAWFULLY ABANDON; PROVIDING THAT SAID PORTION OF ALLEY
SHALL BE OFFERED FOR SALE TO ADJACENT PROPERTY OWNERS;AND
PROVIDING AN EFFECTIVE DATE:
WHEREAS, the property described herein is a platted alley right-of-way twenty(20)feet wide within
Block 34 of the Railroad Addition, beginning at the south right-of-way of Butler Street west of Ballard
Avenue and running 204 feet south through Block 34 to the north right-of-way of Calloway Street,being
that same property described on Exhibit"A";
WHEREAS,Dr.Keith Teague,sole owner of the majority of the property adjacent to said alley right-of-
way, has requested that the alley be abandoned and be sold to adjacent property owners for use in
conjunction with these adjacent properties,the owners of other adjacent properties having agreed to the
abandonment and purchase of the appropriate alley right-of-way; and
WHEREAS, the City of Wylie has determined that said portion of alley is no longer needed for public
access purposes,provided that existing utilities located within said alley portion are converted to easements
through platting or other legal instruments by those new owners acquiring said alley;
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS,THAT:
SECTION 1: That the above described alley portion is no longer necessary for public access purposes,
provided that existing utilities shall be located within easements, and that said portion of alley should be
abandoned in favor of adjacent property owners.
SECTION 2:That this abandonment shall extend only to the public right,title and interest which the City of
Wylie,Texas may have in and to said alley,and shall be construed to extend only to such interest that the
governing body of the City of Wylie may legally and lawfully abandon.
SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City
Council,as the law in such cases provides.
PASSED AND APPROVED by the City Council of the City of Wylie,Collin County,Texas this
day of August, 2002.
John Mondy,Mayor
City of Wylie,Texas
ATTEST:
Barbara Salinas, City Secretary
City of Wylie,Texas
EVALUATION ASSOCIATES
RIGHT OF WAY LAND RIGHTS ACQUISITION APPRAISAL SOLUTIONS
August 8, 2002
Mr. Claude Thompson
Director of Planning and Zoning Department
City of Wylie
2000 SH - 78
Wylie, Texas 75098
Re: City of Wylie - An appraisal consultation report valuing the proposed abandonment of
an alley approximately 20 feet by 204 feet (approximately 4,080 SF), running
north/south between the streets of Butler and Calloway, and adjacent to lots fronting
Ballard and Jackson, and legally described as being a part of Block 34, Railroad
Addition, city of Wylie, Collin County, Texas.
Dear Mr. Thompson:
At your request, we have conducted the investigations and analysis necessary to develop an
estimate of the Market Value of the fee simple interest in the above referenced property based
on the economic conditions which prevailed on the valuation date of August 8, 2002. It is our
understanding that this preliminary value estimate will be used for internal decision making
purposes regarding the possible abandonment of all, or part of, the alley by the City to one or
more adjoining property owners.
Subject Site Description
Based on a review of public records and an inspection of the property, the subject tract is an
alley between lots which front Ballard Street and Jackson Street. Measuring approximately 20
feet in width and approximately 204 feet in length, it appears the subject tract encompasses
approximately 4,080 SF. The parent tract is bounded by Butler Street on the north and
Calloway Street on the south. The tract is a grassy, generally level, area. It may now, or in the
future also serve as common access and/or utility easements. The subject property is currently
an alley, and as such,is subject to containing public utilities, and/or function as common access
to adjacent streets after the abandonment. As an independent tract of land, visibility and
accessibility is could be classified as limited. The subject property is currently zoned for
residential use. It is adjacent to a Jiffy Lube auto service facility, an older frame single family
residence, and several very small (29 feet by 125 feet) vacant lots.
1 1 61 5 FOREST CENTRAL DRIVE • SUITE 205• DALLAs.TEXAS 75243-3917 • (214)553-1 41 4 • FAx(214)553-1615
PHOTOGRAPHS OF EXISTING ALLEY
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City of Wylie Alley Abandonment Valuation Page 3
Highest and Best Use Analysis
The Highest and Best Use (H&B Use) is that use which will provide the greatest net return to
the owner (user/developer) of the land within applicable physical, legal and fmancial market
acceptance constraints. These criteria are usually considered and tested sequentially;i.e., a use
may be financially feasible, but this is irrelevant if it is physically impossible, or legally
prohibited. Following is a very brief synopsis of the analysis and conclusion from each test.
Physical
As noted, the size and shape of the alleyway (20 feet by 204 feet) , as a stand alone property,
is narrow in width and would appear to have limited utility and marketability. As a separate
property, there would be virtually no non-contiguous based use for this size and shape
property. However, other physical characteristics, such as terrain,topography and visibility are
rated the same as the surrounding property, which is characterized as good. Therefore, the
physical characteristics of the subject property indicate assemblage with the adjoining property
is the highest and best use.
Legal
The legal limits to H&B Use in this case are subject to the combination of the zoning ordinance
and the Comprehensive Land Use Plan. The fact that the subject property is currently and alley,
and as such, is subject to containing public utilities, and/or function as common access to
adjacent streets after the abandonment, does not affect the current value, or potential highest
and best use, and is not a detriment in this situation. The subject property is being re-zoned for
low intensity commercial use such as professional office. The assumption in made that this
zoning is likely to be approved. That being the case, the H&B Use analysis considered the
H&B Use of the target alley abandonment area to have the same potential uses as adjacent
property. Elements of this conclusion include the fact that the adjacent property could be re-
zoned by any interested party to a use consistent with the City of Wylie Comprehensive Land
Use Plan. Therefore,the H&B Use of the alley is the same as the adjacent property. Therefore,
analysis of the physical and legal factors suggest that the highest and best use of the subject
property is assemblage with one or more of the surrounding/adjacent properties for commercial
uses. All other uses are eliminated as the legal constraints prohibit such uses.
Financial
An analysis of financial factors would include determining uses which produce a market
accepted rate of return based on the risks involved. As noted,the subject tract is an alley,which
can be abandoned to the adjacent property owners to enhance the development potential for a
new larger property. The fact that the size and shape of the alleyway (as a stand alone
property), would appear to have severely limited utility and marketability,the reality is that the
value is based on the potential to be assembled(bundled/packaged)with the adjacent properties.
What ever that use is in context with the city comprehensive land plan, the target alley can be
used for the same purpose, if and when assembled and platted.
City of Wylie Alley Abandonment Valuation Page 4
Highest and Best Use Conclusion
Therefore, the H & B Use conclusion for the subject property, the described target alley
abandonment area, is to assemble with adjacent properties under a comprehensive re-platting
of the adjacent undeveloped land.
Valuation Approach
The natural and logical path to the value of the target alley abandonment area, based on the
foundation of the H & B Use conclusion of assemblage with adjacent properties, was to
determine the value of the adjacent land. Our research has included an investigation of market
and neighborhood trends which are believed to influence the value of the subject property. The
results of this investigation and analyses yielded the herein referenced preliminary value
conclusion. Our investigation in this market found no sales similar size and shaped tracts of
land to the subject property. A variety of data was collected throughout the Wylie market.
Sales data from industrial areas were considered,but found to be inferior to the subject location.
Since 1999, Evaluation Associates has assembled residential and commercial land sales in the
Wylie competitive market area. The database originated with our appraisal work for the South
Ballard Street, and the Kirby Street projects,and has been periodically updated and maintained.
Unfortunately, there is not an abundance of similar recent sales to present in this report. The
surrounding property purchased by Dr. Teague is most similar to the Dollar Family Store site,
and the adjacent retail center, and the SWC of the existing Stone Road and the proposed
extension of Kirby Street at Ballard. The problem with direct comparison to recent sales is that
the SWC of Stone proposed Kirby)at Ballard sold about 1999 for approximately$1.00/SF. The
sale to Dollar Family Stores transpired in 1998 for $3.75/SF, and the sale of the remainder of
that addition sold for$5.28/SF in 2000 for the construction of a small retail strip center. As of
the current date in 2002, all three of these properties have similar values; approximately
$6.00/SF, or more. Each is slightly superior in location, either being on a corner, or having
more visibility and exposure to Hwy 78. Some other sales of vacant land were found along, or
with direct exposure to, Hwy78, but were remote and inferior to the target study area.
The range of sale prices in the aggregate sales comparison database was $2.71/SF to $8.41/SF.
All of these sales were in the same competitive size category as the subject property.
Adjustments were applied to changes in market conditions and differences in locational
attributes. Also considered were the two recent purchases by Dr. Teague of Lots 1 and 2
($45,000), and Lots 3-7 ($100,000), which averaged $5.71/SF.
Taking all commercial sales data into consideration, and adjusting for location and zoning, the
estimated market value of the subject target alley abandonment area, based on the same value
as the surrounding adjacent land, is $5.75/SF, calculated as (4,080 SF x $5.75/SF = $23,460,
rounded to $23,500).
City of Wylie Alley Abandonment Valuation Page 5
Photographs of Recent Sales - Adjacent Lots 1&2 (top) and Lots 3-7 (bottom)
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Views of Target Alley Abandonment Area
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City of Wylie Alley Abandonment Valuation Page 6
Considering the fact that the alley may be abandoned to multiple parties, based on the
relationship of the area to each adjoining property owner, all of the adjoining properties have
the approximate same $5.75/SF unit land value, and any part of the alley under consideration
has the same value. The fact that one of the properties is currently improved as an automotive
service facility does not affect the value of the land.
Based upon our analyses and interpretation of the data, it is our opinion that the Market Value
of the fee simple interest in the subject property, as of August 8, 2002, is estimated to be:
TWENTY THREE THOUSAND FIVE HUNDRED DOLLARS
($23,500)
This valuation report is subject to the assumptions and limiting conditions, which are required
to be contained in any report format. This report is abbreviated, and is classified as limited in
scope, from the analysis perspective, and in restricted format in reporting, as it should be used
only for the consultation purpose stated herein. Under the Uniform Standards of Professional
Appraisal Practice (USPAP), which is the regulating guideline for the real estate appraisal
profession, this report is intended to meet the criteria for a Limited Restricted Report. Details
of the compared sales transactions, and related analysis calculations, has been retained in the
office file. This was done in the interest of expedition, and cost saving to the City of Wylie.
A more detailed report would include more detail and discussion of the competitive and
compared sales data, photographs of the sales data, and other exhibits.
The report format was selected to address the agreed needs of the client, and in the interest of
economy and expedition.
If you have any questions, please call us.
Respectfully submitted,
EVALUATION ASSOCIATES
4111
am-. W. Cullar, Jr., SRA, SRPA, S A
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AFFIDAVIT AND CERTIFICATE OF VALUE
The undersigned does hereby certify that, except as otherwise noted in this appraisal report:
1. We have personally inspected the exterior of the subject property.
2. We have no present or contemplated future interest in the real estate that is the subject of our
evaluation.
3. We have no personal interest or bias with respect to the subject matter of this evaluation or the
parties involved.
4. To the best of our knowledge and belief, we have included only truthful statements of fact in
this report; and the analysis, opinions and conclusions expressed herein are true and correct
and no pertinent information has knowingly been withheld.
5. The compensation for our professional service is not contingent upon the reporting of a
predetermined value or direction in value that favors the cause of the client, the amount of the
value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.
6. The analyses, opinions and conclusions in the report are limited only by the assumptions and
limiting conditions set forth, and are the personal, unbiased, professional analyses, opinions
and conclusions of the appraiser.
7. The development of the herein expressed value opinions have been made in conformity with,
and is subject to the requirements of the Uniform Standards of Professional Appraisal Practice
adopted by both the Appraisal Institute and the International Right of Way Association and can
be supported by internal file inspection.
8. No persons other than the undersigned prepared the analyses, conclusions and opinions
concerning real estate that are set forth in this appraisal report.
9) This document is hereby communicated to the original client named in the transmittal letter for
the privileged use that client and their selected distribution. It is understood that most
appraisal products are prepared to be a tool for some financial decision purpose. With this
understanding, it should be noted that this report was obtained from Evaluation Associates,
who owns the data and the detailed file memorandum, notes, etc., which may consist of trade
secrets and commercial or financial information that is privileged and confidential and exempt
from disclosure under 5 U.S.C. 552 (b) (4). Therefore, please notify Evaluation Associates
of any request of reproduction of this appraisal.
10) The act of preparation and submission of this report to the public in the form of the original
client, simultaneously makes this report subject to the professional requirements of the
Appraisal Institute and the International Right of Way Association regarding review by its duly
authorized representatives.
Affidavit and Certificate of Value
11) The Appraisal Institute conducts both mandatory and voluntary programs of continuing
education for their designated members depending upon the date of the conferring of the
specific professional designation. Designated members who meet the minimum standards for
these programs are awarded periodic educational certification. James W. Cullar, Jr., and
Richard N. Baker are currently certified under their respective and applicable programs.
12) This Appraisal is classified as Limited in Scope and is presented in Summary Format.
13) The market derived value of the subject property as of August 8, 2002 is estimated to be:
TWENTY THREE THOUSAND FIVE HUNDRED DOLLARS
($23,500)
ftP . CuflarJr., SRPA, SRA, S
EVALUATION ASSOCIATES
RIGHT OF WAY LAND RIGHTS APPRAISAL AND ACQUISITION SOLUTIONS
James W. Cullar, Jr., SRPA, SRA, SR/WA
Qualifications and Professional Background
EDUCATION
Graduate of North Texas State University, BBA 1967
All courses, demonstration appraisal reports, professional experience, and quality reviews
required for the three professional designations awarded from 1969 to current time.
PROFESSIONAL EXPERIENCE
Founder and general manager of Evaluation Associates, a real property consulting and land
rights acquisition firm, providing a variety of real property evaluation services for the
financial market, public land rights acquiring agencies, and individuals seeking decision
making information for mortgage lending, asset review, right of way land rights acquisition
and related matters.
Jim Cullar has qualified as an expert witness in county, state and federal courts in Dallas,
Tarrant, Collin, Denton, Ellis, Grayson, and Travis Counties.
Prior to founding Evaluation Associates,Jim was a lender and appraiser with a large financial
institution; and later the chief appraiser with the Right of Way Division of the Dallas County
Department of Public Works. He has been a self employed consultant since 1985. Jim keeps
abreast of industry change through reading, continuing education, teaching, forum
discussion, and publication.
PROFESSIONAL AFFILIATIONS
The Appraisal Institute SRPA, SRA Member designation
Past President - North Texas Chapter 1995
Member National Board of Directors - 1997 - 1999
National Finance Committee 1998-1999
Chair - Region VIII 1999
International Right of Way Association (IR/WA Region 2)
SR/WA Designation
Certified Instructor of:
Real Estate Appraisal Principles
Income Approach to Valuation
Appraisal of Partial Acquisition
Easement Evaluation
State Certified General Texas Real Estate Appraiser - TX - 1321322 G
11615 FOREST CENTRAL DRIVE • SUITE 205 • DALLAs.TExAS 75243-3917 • (214)553-1 41 4 FAx(214)553-1615
EVALUATION ASSOCIATES
RIGHT OF WAY LAND RIGHTS APPRAISAL AND ACQUISITION SOLUTIONS
RICHARD N. BAKER, MAI
Qualifications and Professional Background
EDUCATION
Graduate of Texas Tech University • Masters of Business Administration - May 1985.
Graduate of Southern Methodist University • Bachelor of Arts - Bachelor of Business
Administration - May 1983
All courses, demonstration appraisal reports, professional experience, and quality reviews
required for the MAI professional designation awarded 1996.
RECENT ACCREDITED APPRAISAL COURSES and SEMINARS
Uniform Standards of Professional Appraisal Practice, Part C (December, 2001)
Appraisal of Local Retail Properties (October 2001)
Analyzing Operating Expenses (October 2001)
Highest and Best Use Applications (November 1999)
Standards of Professional Practice, Part C (March 1998)
Dynamics of Office Building Valuation (November 1997)
PROFESSIONAL EXPERIENCE
Appraisal experience includes the analysis and preparation of comprehensive narrative
appraisal reports, evaluating a variety of interests in numerous property types including
multi-family residential, industrial, office, retail, rural and urban land, special purpose
properties, right-of-way land rights acquisition matters, special benefits / enhancement
studies, and related consultation issues.
Appraisal work product has been accepted and utilized for mortgage lending, estate tax
planning and settlement, property exchange, corporate management decisions, road and
thoroughfare improvement assessment programs, and partial acquisition valuation for just
compensation analysis by eminent domain acquiring agencies.
PROFESSIONAL DESIGNATIONS and AFFILIATIONS
MAI - The Appraisal Institute #10984
State Certified Real Estate Appraiser-General #1322012-G
Texas Real Estate Salesman - Inactive
APPRAISAL INSTITUTE LEADERSHIP CONTRIBUTION
Candidate Guidance Chair - North Texas Chapter - 1998
Web Site Committee Chair - North Texas Chapter - 2000 - 2001
Regional Representative - Region VIII - 2000 - 2001
Region Representative to National Technology Outreach Committee 1999 - 2001
North Texas Chapter - Member Board of Directors - 2001 - 2003
11615 FOREST CENTRAL DRIVE • SUITE 205 • DALLAS.TEXAS 7 524 3-39 1 7 • (214)553-1 41 4 FAx(21 4)553-1615
ADDENDUM
ASSUMPTIONS, LIMITING CONDITIONS & DISCLOSURES
For the purpose of this appraisal, the following assumptions and limiting conditions are made a part
thereof:
1. That title to the individual property will be good and marketable and that title is in fee simple under
single ownership unless otherwise stated.
2. No responsibility is assumed by the appraiser for matters of legal character. The value is reported
without regard to questions of title, boundaries, encumbrances, easements and encroachments.
All existing liens and encumbrances have been disregarded,and the property is appraised as though
free and clear under responsible ownership and management unless otherwise stated.
3. The valuation is reported in dollars of currency prevailing on the date of the appraisal.
4. Ifthe subject is an improved property,the sketches in this report are approximate and are included,
together with the photography, to assist the reader in visualizing the property.
5. All information and comments pertaining to this and other properties represent the combination
of facts provided by others and the professional opinion of the appraiser, formed after careful
examination and study of the subject property. Hence, the work product of the appraiser is an
estimate. While it is believed that the information, estimates and analyses which led to the herein
stated estimated value conclusions are correct, and the primary appraiser is prepared to testify as
to the applicability of the selected data to the valuation of the subject property,the appraiser does
not guarantee any element of the data base. Nor does he assume any financial liability for errors
in facts provided by others, analysis or judgement. The client's remedy is referral of a faulty
analysis to the Appraisal Institute, the International Right of Way Association, and/or the Texas
Appraisal Licensing and Certification Board.
6. This is a financial decision document. It is not a marketing tool. Therefore no part of the contents
of this report (especially any conclusions as to value, the identity of the appraiser or the firm with
which he is connected, or any reference to the professional organizations that designate the
appraisers or to the applicable designation)shall be disseminated to the public through advertising
media, public relations media, news media, sales media or any other public means of
communication other than the intent of the report as a financial decision tool for the original client.
7. Given adequate preparation notice, the appraiser is prepared to provide testimony and to appear
in court by reason of this appraisal, under separate contract, at the request of the original client.
8. The distribution of the total valuation in this report between land and improvements applies only
under the existing program of utilization. The separate valuations for land and buildings must not
be used in conjunction with any other appraisal and are invalid if so used.
9. Also, the value is estimated under the assumption that there will be no international or domestic,
political, economic, or military actions that will seriously affect real estate values throughout the
country.
ASSUMPTIONS, LIMITING CONDITIONS& DISCLOSURES VALUE
10. Real estate values are influenced by a large number of external factors. The analysis included all
of the data necessary to form an informed highest and best use and value conclusion. The report
does not include all the data necessary to support the value estimate. All pertinent facts have been
referenced in this report,but we do not guarantee that we have knowledge of all factors that might
influence the value of the subject. Due to rapid changes in the external factors,the value estimate
is considered reliable only as of the date of the appraisal and any related testimony..
11. In the event the appraisal is based upon proposed improvements, it is assumed that the
improvements will be constructed in substantial conformity with plans and specifications that have
been furnished the appraiser, and with good materials and workmanship. It is also assumed that
the proposed foundation and construction techniques are adequate for the existing sub-soil
conditions.
12. Unless otherwise stated in this report, the existence of environmentally hazardous or damaging
material, which may or may not be present on the property, was not observed by the appraiser.
The appraiser has no knowledge of the existence of such materials on or in the property. The
appraiser, however, is not qualified to detect such substances. The presence of substances such
as asbestos or urea-formaldehyde may affect the value of the property. The value estimate is
predicted on the assumption that there is no such material on or in the property that would cause
such a loss in value. No responsibility is assumed for any such conditions, or for any expertise or
engineering knowledge required to discover them. The client, property owner and/or prospective
purchaser is advised to conduct environmental due diligence with regard to the property including
having the necessary environmental assessments and/or environmental audits made to determine
if any environmental problems related to the subject property exist. If any environmental problems
are found which effect the subject property, the value estimate contained in this report is subject
to review and may not be valid.
13. The American and Disabilities Act (ADA) became effective January 26, 1992. I (we) have not
made a specific compliance survey and analysis of this property to determine whether or not it is
in conformity with the various detailed requirements of the ADA. It is possible that a compliance
survey of the property together with a detailed analysis of the requirements of the ADA could
reveal that the property is not in compliance with one or more of the requirements of the act. If
so, this fact could have a negative effect upon the value of the property. Since I (we) have no
direct evidence relating to this issue, I (we) did not consider possible noncompliance with the
requirements of ADA in estimating the value of the property.
DEFINITION OF TERMS
1. Market Value: The most probable price that a property should bring in a competitive and open
market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and
knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from seller
or buyer under conditions whereby:
a. buyer and seller are typically motivated;
b. both parties are well informed or well advised, and each acting in what they consider
their best interest;
c. a reasonable time is allowed for exposure in the open market;
d. payment is made in cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
e. the price represents the normal consideration for the property sold unaffected by special
or creative financing or sales concessions granted by anyone associated with the sale.
2. Value in Use: The value of an economic good to its owner-user which is based on the
productivity (privacies in income, utility or amenity form) of the economic good to a specific
individual.
3. Highest and Best Use: The most profitable likely use to which a property can be put. That use
of land which may reasonably be expected to produce the greatest net return to land over a
period of time. That legal use which will yield to land the highest present value.
4. Abbreviations commonly used in the appraisal of real estate:
SF = square feet RR = railroad
/AC = per acre ROW = right of way
5. Vehicular traffic artery abbreviations:
St. = Street FM = Farm to Market Rd
Ln = Lane US = United States Highway
Dr = Drive I = Interstate Highway
Rd = Road Frwy = Freeway
P1 = Place Expwy = Expressway
Pkwy = Parkway Hwy = Highway
Ave = Avenue SH = State Highway
Blvd = Boulevard N = North
Cir = Circle S = South
Ct = Court E = East
Mt. = Mount W = West
WYLIE CITY COUNCIL
AGENDA ITEM NO. 3.
August 13, 2002
Issue
Hold a Public Hearing to consider and act upon a change in zoning from Agriculture(AG/28) and
Planned Development District(PD 2001-51)for Single-Family Residential and Village Center Mixed
Uses to Planned Development District for Single-Family Residential and Village Center Mixed Uses,
being an amendment to PD 2001-51 to add 5.791 acres to the Development Plan and amend the
Conditions for Development, being a certain 470.00 acre tract of land situated in Collin County,
Texas and being a part of the J. G. Jouett Survey, Abstract No. 475, the Allen Atterberry Survey,
Abstract No. 23 and the Aaron West Survey,Abstract No. 979 and being part ofthose certain tracts
of land conveyed to Joanne Vanderweele, Successor Independent Administratrix,as described in the
Executor's Deed as recorded in Collin County Clerk's File No. 95-0005773 and being a part ofthose
certain tracts ofland described in a deed to George S. Richards as recorded in Volume 775,Page 55,
Deed Records, Collin County, Texas and being all of a called 1.00 acre tract of land described in a
deed to F.D. Feagin etux,as recorded in Volume 914,Page 697 of said Deed Records and also being
all of Tract 2 and part of Tracts 1 and 4 described in a deed to Jimmie Jane Feagin as recorded in
Volume 775, Page 58 of said Deed Records and being a part of a called 2.10 acre tract of land
described in a deed to F.D. Feagin etux as recorded in Volume 757,Page 824 of said Deed Records
and being all of that certain tract of land described in a deed to Edwina Collins Cook as recorded in
County Clerk's File No. 93-0039237 and being all of that certain tract of land described in the Quit
Claim Deed to Silas M. Hart and Charlene H. Hart, a called 69.25 acre tract of land as recorded in
Collin County Clerk's File No. 96-0091287 and being all of that certain 5.791 acre tract of land
described in a deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-
0039230,bringing the total acreage for PD 2001-51 to 475.80 acres. (Zoning Case No. 2002-05)
Background
The applicant is requesting a revision to the existing Planned Development District(PD 2001-51)for
Bozeman Farm Estates. Theses proposed amendments revise the Conceptual Development Plan to
include an addition 5.8 acres, and makes a procedural change to the Conditions for the Planned
Development District.
The original 470 acre Bozeman Farm Estates Planned Development was created by a Planned
Development District (PD 2001-51) approved by the City Council on December 11, 2001. The
original PD permits a variety of single-family lot sizes(6,000, 7,500 and 8,500 square feet without
alleys),approximately 250 apartments,a convenience retail center,a school or YMCA site,connected
by wide boulevards and extensive open spaces for trail linkages, complimenting the several isolated
developable tracts separated by undevelopable terrain and major utility easements.
The proposed revisions maintain the earlier Planned Development District substantially as adopted,
except for the following changes:
A. The Development Plan(Exhibit C)is amended to add 5.8 acres of land along the western side of
the tract. This new area will be used to accommodate the primary western entry to Bozeman
Farm Estates relocated from further north, as illustrated on the Development Plan.
B. The Conditions for Development (Exhibit B) are amended to allow the Development Plan to
serve as a preliminary plat for each future phase ofthe development rather than require review of
both preliminary and final plats on each phase. Site plans shall be submitted with final plats for all
future multi-family residential and nonresidential development. Section IV has been changed to
state that the Development Plan shall serve as the preliminary plat, and Section V.i.5. has been
changed to state that distribution of lot and dwelling sizes shall be as illustrated on the final plats
rather than on the PD Development Plan.
The newly added property was recently annexed into the City of Wylie specifically as an addition to
this PD,and is zoned Agriculture(A)as a temporary District until a permanent zoning is established.
It is surrounded on three sides by land controlled by the PD and on the west by the continuing
residence of the previous owner(fronting F.M. 544).
Public Comment Forms were mailed to eighteen(18)property owners within 200 feet ofthis request.
No Comment Forms have been returned at the time of posting.
Financial Considerations
Zoning Application Fee—Paid
Other Considerations
1. The property added to the Planned Development District by this amendment is a long and narrow
configuration,making its future redevelopment difficult if not impossible. Its inclusion within the
PD allows a better long-term utilization of the new tract as well as the larger tract to which it is
being joined. The newly added property will be utilized primarily for the wide entry roadway with
divided median.
2. The original Planned Development District was earlier approved because it provides a unified and
coordinated development scheme to this large property which is divided by significant floodplain
and gas and electric transmission corridors. If the earlier independent tracts were allowed to
develop in an uncoordinated piece-meal fashion,the result would be disconnected developments
which are inefficient and more costly to serve with public infrastructure. The current amendments
further support this unifying character.
3. The PD Development Plan envisions centralized retail uses surrounded by apartments and
possibly a school, with single-family developments of varied densities surrounding this Village
Center, much as recommended by the Comprehensive Plan. Both the earlier approved PD and
proposed amendment is consistent with this recommendation of the Plan.
4. The Zoning Ordinance requires that all future subdivision plats for developments within this
Planned Development District conform to the adopted Development Plan. This PD represents a
compromise which is the result of extensive review by stag Planning and Zoning Commission and
City Council, and staff believes that further discussion of details will achieve little change.
Therefore, it is a logical to allow the Development Plan to also serve as the preliminary plat for
future single-family residential development,and allow the review process to proceed directly to
final plat submission, and there is precedent for this allowance in other PDs. Site plans are
required to be submitted with final plats for all future multi-family residential and nonresidential
developments within the area covered by the PD.
Board/Commission Recommendation
At the July 16, 2002, Planning and Zoning Commission meeting, the Commission voted 6-0 to
recommend approval of the proposed amendments.
Staff Recommendation
Approval. The proposed revisions do not significantly modify the Development Plan and Conditions
earlier approved by the Council.
The Departments of Planning, Engineering, Development Services, Public Works and Fire concur
with this recommendation.
Attachments
Ordinance with Legal Description, Conditions of the Planned Development and Development Plan
Notification List and Map
J2 if
Prepared by Revie by mance City M Approval
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF WYLIE, AS HERETOFORE AMENDED,
SO AS TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY,ZONING CASE NUMBER 2002-05
TO PLANNED DEVELOPMENT (PD) DISTRICT
CLASSIFICATION;PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Wylie,Texas,in compliance with the laws of the State of Texas with reference to the amendment of
the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally
and to owners ofthe affected property,the governing body of the City is of the opinion and finds that
the Comprehensive Zoning Ordinance and Map should be amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,be, and the same is
hereby,amended by amending the Zoning Map ofthe City ofWylie,to give the hereinafter described
property a new zoning classification of PD, Planned Development District Classification, said
property being described in Exhibit "A, B and C" attached hereto and made a part hereof for all
purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and the
same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting
of this zoning classification.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance,as amended hereby,commits an unlawful act and shall be subject
to the general penalty provisions of Section 1.5 ofthe Zoning Ordinance, as the same now exists or
is hereafter amended.
SECTION 5.
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 affect the validity ofthis
ordinance as a whole or any part or provision thereof other than the part so declared to be invalid,
illegal or unconstitutional,and shall not affect the validity ofthe Comprehensive Zoning Ordinance as
a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City Council
and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance,or parts thereof by the enactment ofthis Ordinance,shall not be
construed as abandoning any action now pending under or by virtue of such ordinance;nor shall it
have the effect of discontinuing,abating,modifying or altering any penalty accruing or to accrue,nor
as effecting any rights of the municipality under any section or provisions of any ordinances at the
time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this day of , 2002.
By
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
Exhibit"A"
Legal Description
ZC#2002-05
BEING a 475.80 acre tract of land situated in Collin County, Texas and being a part of the J.G.
Jouett Survey, Abstract No. 475, the Allen Atterberry survey, Abstract No. 23 and the Aaron
West Survey,Abstract No. 979 and being part of those certain tracts of land conveyed to Joanne
Vanderweele, Successor Independent Administratrix, as described in Executor's Deed as
recorded in Collin County Clerk's File Number 95-0005773 and being part of those certain tracts
of land described in deed to George S. Richards as recorded in Volume 775, Page 55, Deed
Records, Collin County, Texas and being all of a called 1.00 acre tract of land described in deed
to F.D. Feagin et ux, of record in Volume 914, Page 697, said Deed Records, and also being all of
Tract 2 and part of Tracts 1 and 4 described in deed to Jimmie Jane Feagin of record in Volume
775, Page 58, said Deed Records, and being a part of a called 2.10 acre tract described in deed to
F.D. Feagin et ux, recorded in Volume 757, Page 824, said Deed Records and being all of that
certain tract of land described in deed to Edwina Collins Cook as recorded in Collin County
Clerk's File No. 93-0039237, and being all that certain tract of land described in Quitclaim Deed
to Silas M. Hart and Charlene H. Hart, a called 69.25 acre tract of land as recorded in Collin
County Clerk's File No. 96-0091287 and being all of that certain 5.791 acre tract of land
described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-
0039230, said 475.80 tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the centerline intersection of Beaver Creek Road and
Fox Hollow, said rod being an angle point in the West line of BEAVER CREEK ESTATES,
SECTION ONE, an addition to Collin County, Texas;
THENCE,North 86°24'36"West, with the centerline of said Beaver Creek Road, a distance of
937.39 feet to a 1/2 inch iron rod set for corner;
THENCE,North 89°14'31"West, a distance of 991.62 feet to a 1/2 inch iron rod set for corner
in the City of Dallas take line(Lake Ray Hubbard), from which a City of Dallas concrete
monument bears South 18°18'59"West, a distance of 21.54 feet;
THENCE, along said take line the following calls:
North 18°06'55"East, a distance of 271.42 feet to a 1/2 inch iron rod set for corner;
North 43°15'40"West, a distance of 377.24 feet to a 1/2 inch iron rod set for corner;
South 63°02'34"West, a distance of 399.88 feet to a City of Dallas concrete monument
found for corner;
South 43°54'58"East, a distance of 281.99 feet to a City of Dallas concrete monument
found for corner;
South 21°32'32"West, a distance of 152.62 feet to a 1/2 inch iron rod set for corner in
the centerline of said Beaver Creek Road;
THENCE,North 80°52'29"West, a distance of 36.36 feet to a point in said road;
THENCE,North 51°28'20"West, a distance of 576.35 feet to a 1/2 inch iron rod set at the
centerline intersection of said Beaver Creek and Troy Road;
THENCE,North 01°41'22"East, a distance of 159.27 feet to a point in Troy Road;
THENCE,North 01°09'54"West, a distance of 171.46 feet to a point in Troy Road;
THENCE,North 06°15'10"West, a distance of 71.55 feet to a 1/2 inch iron rod set for corner in
Troy Road and West line of aforesaid J.G. Jouett Survey, said rod being the Northeast corner of
J.D. Shelby Survey,Abstract No. 819 and the Southeast corner of aforesaid Aaron West Survey;
THENCE,North 89°07'04"West,with the common line of said J.D. Shelby Survey and said
Aaron West Survey, a distance of 1048.38 feet to a 5/8 inch iron rod found for corner, said rod
being the Southeast corner of a tract of land as described in Deed to Billy Ray Burdine, recorded
in Volume 825, Page 240, Deed Records, Collin County, Texas;
THENCE,North 00°23'11"East, a distance of 546.44 feet to a 1/2 inch iron rod found for
corner, said rod being the Southeast corner of a tract of land as described in deed to Jack M.
Hankey, recorded in Volume 3394, Page 60, said Deed Records;
THENCE,North 00°22'53"West, a distance of 693.82 feet to an old barbed wire fence corner
post for corner,being the northeast corner of a tract of land described in deed to Jack M. Hankey
as recorded in Volume 3394, Page 60 of the Deed Records of Collin County, Texas;
THENCE,North 88°35'09"West, along the north line of said Hankey tract, a distance of 1578.94
feet to a 1/2 inch iron rod set for corner,being the northwest corner of a tract of land described in
deed to Julie Littlejohn as recorded in Volume 3794, Page 267 of the Deed Records of Collin
County, Texas;
THENCE, South 02°52'23"West, along the west lines of said Littlejohn and Hankey tracts,
passing a 1/2 inch iron rod set at 180.18 feet for the most southerly southeast corner of said Cook
tract and continuing in all a total distance of 313.37 feet to a 60-D nail set in a gravel road;
THENCE,North 89°02'27" West, along the centerline of said gravel road, a distance of 347.09
feet to a 60-D nail found for corner;
THENCE, North 01°39'30" East, passing a 1/2 inch iron rod set at 127.26 feet for the most
southerly southwest corner of said Cook tract and continuing in all a total distance of 655.44 feet
to an iron fence post for corner,being the northeast corner of a tract of land described in deed to
Clyde Parker as recorded in Collin County Clerk's File No. 2000-0037949;
THENCE,North 86°45'13" West, along the north line of said Parker tract, a distance of 190.31
feet to an iron fence post for corner;
THENCE, North 01°47'34" East, along the east line of a called 3.99 acre tract of land conveyed
to John Rice Housewright, et al, a distance of 122.06 feet to an iron fence post for corner;
THENCE,North 89°26'18"West, along the north line of said Housewright tract, a distance of
464.39 feet to a 1/2 iron rod set for corner on the east right-of-way line of said F.M. 544;
THENCE,North 02°12'16" West, along the east right-of-way line of said F.M. 544, a distance of
338.03 feet to a 1/2 inch rod set on the east right-of-way line of F.M. 544, being the most
westerly northwest corner of said Cook tract and the southwest corner of a called 4.86 acre tract
of land described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No.
93-0039229;
THENCE, South 89°13'54" East, along the south line of said 4.86 acre tract, a distance of 484.40
feet to a 3/8 inch iron rod found for corner,being the southeast corner of said 4.86 acre tract;
THENCE,North 00°59'21" East, a distance of 169.93 feet to a 1/2 inch iron rod set for corner on
the east line of said 4.86 tract and the south line of a said 5.791 acre tract of land described in
deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-0039230;
THENCE,with the east line of said 4.86 acre tract North 04°29'02"West, a distance of 258.81
feet to the northeast corner of said 4.86 acre tract,being common with the northwest corner of
said 5.791 acre tract;
THENCE, North 89°10'37"West, a distance of 196.62 feet to a 1/2"iron rod found for corner;
THENCE, North 02°12'16"West, a distance of 405.16 feet to a 1/2"iron rod found for corner;
THENCE, South 87°47'44"West, a distance of 286.58 feet to a 1/2"iron rod found for corner;
THENCE,North 02°12'16"West, a distance of 457.87 feet to a 3/8"iron rod found on the east
right-of-way line of F.M. 544,being the northwest corner of a called 1.00 acre tract described in
deed to F.D. Feagin, as recorded in Volume 914, Page 697, said Deed Records;
THENCE,North 87°49'07"East, along the north line of said 1.00 acre tract, a distance of 185.30
feet to a 3/8"iron rod found for the northeast corner thereof;
THENCE, South 02°10'53"East, along the east line of said 1.00 acre tract, a distance of 4.05
feet to a 1/2"iron rod found for corner, being the northwest corner of said Feagin Tract No. 1;
THENCE,North 87°49'07"East, along the north line of said Tract No.1, a distance of 627.25
feet to a fence post for corner,being at an angle point in the west line of said Richards tract;
THENCE,North 01°06'35"East, along the east line of said Richards tract, a distance of 297.26
feet to a 1/2"iron rod found for corner,being the southwest corner of a called 1.00 acre tract
described in deed to David L. Tyler and wife, Esther M. Tyler as recorded in Collin County
Clerks File No. 95-0082463;
THENCE, South 88°37'42"East, along the south line of said Tyler tract, a distance of 149.61
feet to a 1/2"iron rod found for corner;
THENCE,North 01°02'04"East, along the east line of said Tyler tract, a distance of 290.67 feet
to a point in the centerline of Stone Road, from which a 1/2"iron rod found for reference bears
South 01°02'04"West. 32.15 feet;
THENCE, South 88°59'21"East, along the centerline of Stone Road, same being the north line
of said West Survey, a distance of 651.48 feet to a point for corner;
THENCE, along centerline of a creek the following:
South 16°27'39"East, a distance of 57.46 feet to a point for corner;
South 47°11'43"East, a distance of 65.63 feet to a point for corner;
South 43°36'17"East, a distance of 124.60 feet to a point for corner;
South 29°18'38"East, a distance of 68.15 feet to a point for corner;
THENCE, South 88°54'01"East, leaving said creek, a distance of 99.06 feet to a point for corner
in another branch of creek;
THENCE, along centerline of said branch,the following:
South 58°34'23"East, a distance of 104.07 feet to a point for corner;
South 08°00'39"East, a distance of 161.84 feet to a point for corner;
South 43°44'54"East, a distance of 53.83 feet to a point for corner;
South 19°34'30"East, a distance of 31.24 feet to a point for corner;
South 49°37'59"East, a distance of 27.57 feet to a point for corner;
South 01°09'12"West, a distance of 22.25 feet to a point for corner;
South 22°01'47"East, a distance of 48.57 feet to a point for corner;
South 23°00'11"East, a distance of 95.60 feet to a point for corner;
South 17°20'52"East, a distance of 60.80 feet to a point for corner;
South 14°46'36"East, a distance of 63.07 feet to a point for corner;
South 27°12'28"East, a distance of 50.89 feet to a point for corner, said point being the
Northwest corner of called 106.92 acre tract as described as"IV"in aforesaid Executor's
Deed;
THENCE, South 88°42'41"East, along the North line of said called 106.92 acre tract and
generally along a meandering barbed wire fence line, a distance of 2649.46 feet to a 1/2 inch iron
rod set for corner, from which an old barbed wire fence corner post bears, North 00°43'O1"West,
a distance of 4.8 feet;
THENCE, North 00°38'39"East, a distance of 877.52 feet to a 1/2 inch iron rod set,being the
south line of Stone Road, and the northeast corner of a tract of land described in deed to
Raymond T. Baez as recorded in Volume 1024, Page 675, said Deed Records:
THENCE, South 88°39'20"East, 1663.07 feet with south line of said Stone Road to a 1/2 inch
iron rod set, being the northwest corner of a tract of land described in deed to David and Linda
Jones as recorded in County Clerk File No. 91-0069924, said Deed Records;
THENCE, South 00°12'04"West, 1825.54 feet to a 1/2 inch iron rod set,being the easterly
northeast corner of a tract of land described in deed to Birmingham Memorial Land, Trust as
recorded in County Clerk File No. 97-0032430, said Deed Records;
THENCE, South 00°23'14"West, generally along a meandering barbed wire fence line in heavy
brush, a distance of 2515.82 feet;
THENCE, South 00°15'12"West, a distance of 404.43 feet to the POINT OF BEGINNING,
containing 475.80 acres of land, more or less.
Exhibit"B"
CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT
Bozeman Farms Estates
Zoning Case#2002-05
Planned Development Requirements:
I. Statement of Purpose: The purpose of this Planned Development District is to
permit the development of BOZEMAN FARMS ESTATES.
IL Statement of Effect: This Planned Development shall not effect any regulation found
in the Comprehensive Zoning Ordinance as adopted and amended, except as
specifically provided herein;
III. General Regulations: All regulations providing for a Village Center District as set
forth in Section 3.3 Village Residential Districts and Section 4.1 Village Center Non-
Residential Districts of the currently pending Comprehensive Zoning Ordinance are
included by reference and shall apply, except as otherwise specified under the special
provisions hereunder. The conditions contained herein and the conditions of the
currently pending Comprehensive Zoning Ordinance,which are not amended by this
Planned Development, shall constitute all the zoning requirements applicable to this
Planned Development.
IV. Development Plan: Development shall be in conformance with the Development
Plan attached herewith;however, in the event of conflict between the Development
Plan and the written conditions of this ordinance,the written conditions shall apply.
The Development Plan shall serve as a Preliminary Plat for each phase of future
development. Site plans shall be submitted for review by the Planning and zoning
Commission with the submission of final plats for all future multi-family residential
and nonresidential development.
V. Specific Regulations:
i. General Residential Regulations
1. Density: The maximum number of Single Family Dwelling units permitted
in this Planned Development shall not exceed 1,350 S.F. Units. The gross
area density of the Multi-family Dwelling Units shall not exceed 250 M.F.
Units. The Planned Development shall not exceed an average gross
density of 4.0 du/a. If the multi-family site is developed as single family
then the gross area density of single-family units may be increased to
1,395 units.
2. Lot Mix: A maximum of 25% of the Single Family lots will not be less
than 6,000 sf;a maximum of 35%of the Single Family lots will not be less
than 7,500 sf;a minimum of 40%ofthe Single Family lots will be not less
than 8,500 sf. For the purposes of determining these percentages, all
calculations shall be on a cumulative basis.
3. Minimum Average Lot Area: The minimum average lot area shall not less
than an average of 7,630 sf
4. Alleys shall not be required as part of this Planned Development.
5. Distribution of the Single Family Dwelling Unit types(as specified in the
following text; Type A, Type B, and Type C) shall be distributed within
the development as shown on the Final Plat submitted with each phase.
ii. Single Family
1. Lot Area: The minimum permitted lot areas are:
a. Lot Type "A": 8,500 s.f.
b. Lot Type `B": 7,500 s.f.
c. Lot Type "C": 6,000 s.f
2. Lot Width: The minimum permitted lot widths are:
a. Lot Type "A": 70 feet
b. Lot Type `B": 65 feet
c. Lot Type "C": 50 feet
3. Lot Width of Corner Lots: The minimum lot widths of corner lots are:
a. Lot Type "A": 75 feet
b. Lot Type `B": 70 feet
c. Lot Type "C": 55 feet
4. Lot Depth: The minimum permitted lot depths are:
a. Lot Type "A": 100 feet
b. Lot Type `B": 100 feet
c. Lot Type "C": 100 feet
5. Lot Depth in Double Front Lots: The minimum permitted lot depths on
double front lots are:
a. Lot Type "A": 120 feet
b. Lot Type `B": 120 feet
c. Lot Type "C": 120 feet
6. Minimum Dwelling Unit Square Frontage: The minimum permitted
dwelling unit square footages are:
a. Lot Type "A": 1,700 s.f.
b. Lot Type `B": 1,700 s.f.
c. Lot Type "C": 1,700 s.f
7. Main Structure Front Yard: Front Yard Setbacks within each of the Lot
Type Zones may be varied between 15 feet and 35 feet with the following
percent of 15 foot setbacks being permitted within any single block:
a. Lot Type "A": 50%(15 foot min.)
b. Lot Type `B": 45%(15 foot min.)
c. Lot Type "C": 35%(15 foot min.)
8. Main Structure Side Yard: The minimum permitted side yards are:
a. Lot Type "A": 10%lot width(7.0 foot min.)
b. Lot Type `B": 10%lot width(6.5 foot min.)
c. Lot Type "C": 10%lot width(5.0 foot min.)
9. Main Structure Side yard on Corner Lot: The minimum permitted side
yard setbacks adjacent to a street are:
a. Lot Type "A": 10%lot width(11.25 ft. min.)
b. Lot Type `B": 10%lot width(10.5 ft. min.)
c. Lot Type"C": 10%lot width(8.25 ft. min.)
10. Side Yard of Allowable Non-Residential Use:
a. Lot Type "A": 30 feet
b. Lot Type `B": 30 feet
c. Lot Type "C": 30 feet
11. Main Structure Rear Yard: The minimum permitted rear yards shall be
the lesser of
a. Lot Type "A": 10%lot depth or 20 ft.
b. Lot Type `B": 10%lot depth or 20 ft.
c. Lot Type "C": 10%lot depth or 20 ft.
This minimum rear yard is increased to 18 feet where applicable when a
garage and drive face the rear yard, serviced by an alley(when alleys are
provided).
12. Main Structure Rear Yard on Double Front Lots: The minimum
permitted rear yards on double front lots are:
a. Lot Type "A": 30 feet
b. Lot Type `B": 30 feet
c. Lot Type "C": 30 feet
13. Accessory Structure Front Yard: Accessory structures shall be located
behind the building line of the main structure for all lot types.
14. Accessory Structure Side Yard: The minimum permitted side yard for
accessory structures shall be 5 feet for all lot types.
15. Accessory Structure Rear Yard: The minimum permitted rear yard for
accessory structures shall be 10% of the lot depth for all lot types.
16. Accessory Structure Rear Yard on Double Front Lots: The minimum
permitted rear yard for accessory structures on double front lots shall be
25 feet for all lot types.
17. Accessory Structure Side Yard on Corner Lots: The minimum accessory
structure side yards on corner lots are:
a. Lot Type "A": 10%lot width(7.5 ft. min.)
b. Lot Type `B": 10%lot width(7.0 ft. min.)
c. Lot Type "C": 10%lot width(5.5 ft. min.)
18. Accessory Structure Minimum Distance from Main Building: The
minimum separation between the main building and an accessory building
shall be 5 feet for all lot types.
19. Accessory Structures Building Area: The maximum cumulative building
size for accessory structures on any lot shall not exceed 15% of the lot
area or 600 s.£maximum. This does not limit amenity centers that are part
of a single family development.
20. Main Structure Height: The maximum building height of any residential
main structure shall not exceed 36 feet on all lot types.
21. Accessory Structure Height: The maximum building height of any
accessory structure shall not exceed a maximum height of 36 feet or 2
stories on all lot types.
iii. MF(Multi-Family District)
1. Lot Area: The minimum permitted lot area for multi-family development
is 43,560 gross s.f.
2. Lot Width: The minimum permitted lot width for multi-family
development is 100 feet(at property line).
3. Lot Width Corner Lots: N/A
4. Lot Depth: The minimum permitted lot depth for multi-family
development is 150 feet.
5. Lot Depth of Double Front Lots: N/A
6. Minimum Dwelling Unit Square Footage: The minimum permitted
dwelling unit square footage is:
a. Efficiency 600 s.£
b. 1 Bedroom 750 s.f.
c. 2 Bedroom 900 s.£
d. 3 Bedroom 1,000 s.f.
7. Maximum Density: The Maximum permitted density for multi-family is
15 units per gross acre of multi-family site area.
8. Main Structure Front Yard: The minimum permitted front yard for multi-
family development is 30 feet from any property line.
9. Main Structure Side Yard: The minimum permitted side yard for multi-
family development is 20 feet from any interior lot line.
10. Main Structure Side yard on Corner Lots: N/A
11. Side Yard of Allowable Non-Residential Use: N/A
12. Main Structure Rear Yard: N/A
13. Main Structure Rear Yard of Double Front Lots: N/A
14. Accessory Structure Front Yard: N/A
15. Accessory Structure Side Yard: N/A
16. Accessory Structure Rear Yard: N/A
17. Accessory Structure Rear Yard on Double Front Lots: N/A
18. Accessory Structure Side Yard on Corner Lots: N/A
19. Accessory Structure Minimum Distance From Main Building: The
minimum permitted separation between the main structure and any
accessory structure in a multi-family area is 5 feet.
20. Accessory Structure Building Area: The maximum permitted building
area of accessory structures (excluding amenity centers and recreation
buildings)is:
a. Lots 2 acres or less 10% of lot area or 2500 sf maximum
(whichever is less)
b. Lots 2 acres or more 5% of lot area or 2500 sf maximum
(whichever is less)
21. Main Structure Building Area: The maximum permitted building area for
main structure is as approved on the final development plan.
22. Main Structure Height: The maximum permitted building height for
multi-family structures shall not exceed 45 feet or 2 stories.
23. Accessory Building Height: The maximum permitted building height for
accessory structures in a multi-family area shall not exceed 40 feet.
24. A building permit for construction of mult-family residential uniys shall
not be issued until 50%ofthe single-family residential lots are developed.
iv. The Village Center non-residential core of the Planned Development shall
conform to CR(Community Retail) standards and permitted uses, except as
amended below:
1. Height of Main Structure: The maximum permitted height of structures
shall not exceed 45 feet.
2. Number of Stories: The maximum permitted number of stories shall not
exceed 2 stories.
3. Residential Proximity: Building height in areas of residential proximity
shall be limited by a 3:1 height to setback slope extending from the
residential lot line.
4. Front Yard Setback: the minimum permitted front yard setback for non-
residential structures is 25 feet.
5. Side Yard Setback: The minimum permitted side yard setback for non-
residential structures is 10 feet.
6. Rear Yard Setback: The minimum permitted rear yard for non-residential
structures is 10 feet.
7. Lot Coverage: The maximum permitted lot coverage for non-residential
development is 50%of gross area.
8. Non-residential Use Adjacent to Single Family: Where non-residential
uses are adjacent to a single family lot line with no intervening flood plain,
common area,gas easement,power line easement,or open space;the side
and rear yards shall be doubled. With landscape screening this setback
can be reduced to 10 feet.
9. Non-residential Use Adjacent to Multi-family: Where non-residential uses
are adjacent to a multi-family lot line with no intervening flood plain,
common area, or open space;the side and rear yards shall be a minimum
of 20 feet. With landscape screening this setback can be reduced to 5 feet
from the landscape screen line.
10. Service and Loading Areas: Service and loading areas within a non-
residential area shall not be visible from the public street or adjacent
residential uses. Landscape screening, which provides a contiguous
evergreen leaf mass or solid screen walls, can be used to meet this
requirement.
11. Permitted uses: Permitted uses in the Village Center of the Planned
Development include the uses specified in an NS(Neighborhood Service)
District, except as amended in the following:
a. General Merchandise or Food Store greater than 5,000 s.£
b. Motor vehicle fueling station
c. Theater
d. Accessory outside sales
e. Recreational/Entertainment
VI. Single Family and Multi-Family Basic Requirements of the Village Residential
District (basic requirements of the Village Residential District are the only basic
requirements that apply to the single family and multi-family portions of this Planned
Development except as amended below, which replace certain of the Basic
Requirement Standards).
i. Village Land Design Requirements:
1. Connection of Open Space to Residential Development: 4-foot walkway
along neighborhood streets to single loaded streets paralleling community
open spaces and flood plains.
2. Lighting and furnishing along open space and trails: Pole mounted
lighting or landscape tree down lighting shall be provided at destinations,
activities, and nodal points. Provide total number of benches (with
backs) equal to one bench every Y2 mile of trail 6 foot wide or wider.
Benches can be grouped but the space between benches(or groupings)
shall not exceed%mile.
ii. Street and Sidewalk Requirements:
1. Sidewalk locations: Both sides of double loaded streets, one side of
single loaded streets, continuous at grade pathway.
2. Sidewalk Lighting: Sidewalks paralleling streets shall be illuminated with
ambient street lighting. Pedestrian only sidewalks (sidewalks not
paralleling streets) shall have pole mounted lighting or landscape down
lighting at destinations and activity centers.
3. Location of required alleys: Alleys shall not be required as part of this
Planned Development. However,where alleys are determined necessary
by the developer and such alleyways are provided adjacent to major
thoroughhfares, they shall be screened so as not to be viewed from the
public street by either of the following:
a. 6 foot masonry wall(including masonry thin wall)
b. Landscape buffer (provided in addition to any required
rights-of-way). The landscape buffer shall be a minimum of 10
feet wide and planted with evergreen shrubs(3 to 5 foot centers)
and trees (equaling one tree per 50 feet of street frontage and
planted in naturalized groups or rows 20 to 30 foot centers).
Plans for such proposed landscape screens in any phase shall be
submitted for review and approval at the time of Preliminary Plat
for each phase.
4. Screening of residential units backing onto major thoroughfares:
Residential units that back onto a major thoroughfare, shall be screened
so as not to be viewed from the public street by either of the following:
a. 6 foot masonry wall(including masonry thin wall)
b. Landscape buffer (provided in addition to any required
rights-of-way). The landscape buffer shall be a minimum of 10
feet wide and planted with evergreen shrubs(3 to 5 foot centers)
and trees (equaling one tree per 50 feet of street frontage and
planted in naturalized groups or rows with 20 to 30 foot
spacing).Plans for such proposed landscape screens in any phase
shall be submitted for review and approval at the time of
Preliminary Plat for each phase.
5. Village Residential Pedestrian Crosswalks: Crosswalks shall be provided
at trail and sidewalk intersections with major thoroughfares and all
intersections within the retail area and shall be designated with one ofthe
following(this does not preclude painted crosswalks as required by the
City of Wylie):
a. Decorative concrete paver
b. Brick or stone paving
c. Concrete saw cutting and staining
6. Village sidewalk material: Sidewalks in residential areas shall be
continuous in color, texture, and scoring pattern. Sidewalks shall be
made of broom finish concrete with accent paving only permitted at
crosswalks, handicap ramps, activity centers, bridges, rest areas and
within the retail area.
iii. Architectural Requirements:
1. Exterior material façade material: All single family residential units shall
have a minimum of 75% of the exterior façade on all sides as brick or
stone laid masonry units. Cementacious siding can be used on 25% of
the exterior façade. These percentages exclude windows, doors and other
openings, and glazing shall not exceed 35% of the front elevation of the
residence. Dormers or other elements supported by the roof structure are
not required to be masonry. This standard does apply to coordinated block
elevations,which are intended to convey an historic style or `village"
character(e.g. Traditional Neighborhood Design).
2. Units with same floor plan, same street elevation and varying street
elevation: Units with the same floor plan may be repeated provided that
the elevations for those floor plans are visibly different. "Visibly different"
can be accomplished with differing materials or architectural details.
However the same elevation shall not be repeated over a block spacing
greater than 7 lots skipped both sides of the street.
3. Village residential front entry cover: The developer shall encourage
builders to design single-family residential units with usable porches. As a
minimum,the front entry of any single-family residential unit,which is the
entry facing the street on which the unit is located, shall have a covered
front porch with a minimum area of 40 sf. and a minimum depth of 4 feet.
4. Roof pitch and materials for all single family units within the Planned
Development: All single family residential units shall have a minimum
roof pitch of 6:12, asphalt shingles, and painted plumbing vents, attic
vents, and other rooftop accessories to match the roof shingle color. No
wood chingles are permitted.
5. Garages: A two-car garage shall be required, however, attached or
detached garages shall be allowed to face the street if constructed a
minimum of 5 feet behind the front building setback of the house.
VII. Single Family and Multi-Family Desirable Features for Meeting Point Requirements
of the Village Residential District (point requirements of the Village Residential
District are the only point requirements that apply to single family and multi-family
portions of this Planned Development except as amended below which replace certain
of the Desirable Feature Standards).
i. Pedestrian Linkage to the Village Center: 100% of the units not further than
2,000 feet from a linear park that leads to the Village Center
10 points.
ii. Village residential street treatment: Providing specialty accent paving at
crosswalks,handicap ramps, activity centers,bridges, and rest areas
10 points.
iii. Units with same floor plan, same street elevation and varying street elevation:
Units with the same floor plan and same elevation separated by 9 intervening
lots(skipped both sides of the street)
10 points.
iv. If item"iii"is separated by 1200 feet 20 points.
v. Units with same floor plan and different elevation separated by 9 lots skipped
same side of the street, 7 lots opposite side 10 points.
vi. If item"v"is separated by 1200 feet 20 points.
VM. Non-residential Basic Requirements of the Village Residential District (basic
requirements that apply to the non-residential portions of the Village Residential
District are the only basic requirements that apply to the non-residential portions of
this Planned Development except as amended below which replace certain of the
Basic Requirement Standards).
i. Site Design Requirement
1. Access Drives: Access drives shall be located at least 150 feet from an
intersection except when the site is too small to meet this requirement and
alternate means of ingress/egress are approved with the detailed
development plan. Access drives shall be part of a village circulation
system that ties the commercial area together in a circulation path. There
are no other requirements for medians or treatment of access drives.
2. Location of service and loading areas: Service areas and loading areas
shall be screened so that they are not visible from a public street or
adjacent residential lots. Landscape providing a continuous evergreen
leaf mass or solid screen walls can be used to meet this requirement
including a masonry screen wall. Landscape screens shall be planted
with evergreen trees and shrubs that provide sufficient leaf-mass to
accomplish an effective screen.
ii. Landscape Requirements
1. Landscaping ofparking lots: All site plans with required parking in excess
of 12 spaces are required to provide a minimum of 24 sf of landscape area
for each parking space. Required landscape shall be grouped or arranged
so that no parking space is more than 60 feet horizontally/vertically or 85
diagonally from the landscape area.
2. Landscaping of street frontages: In an effort to create a"Village Center
Streetscape" that brings the people spaces and retail uses into closer
contact with the street, landscape buffers at the street shall be limited
when the retail use is setback no greater than 25 feet from the street. This
maximum setback shall be extended 20 ft.ifthe developer provides head-
in parking from the street. In these cases,front yard landscaping shall be
limited to trees in tree grates, streetscape planters, or small pockets of
landscaping which do not create a visual separation between the street
space and the retail space. Tree planting on uniform centers with trees
located in tree grates shall be provided and arranged so that they work
with the modulation of parking spaces at the street. Tree planting shall
not be less than one tree for every 40 feet of property frontage at the
street right-of-way.
When the retail use is separated from the street by parking (other than
street head-in parking), a 10-foot landscape buffer shall be provided. In
order to achieve an"urban"space,trees are not required in the landscape
buffer due to their conflict with the architecture close to the street and
retail signage. In order to achieve an`urban"space walkways shall have a
geometry that parallels the street front without the use of picturesque
alignment.
iu. Architectural Requirements
1. Architectural compatibility: Buildings in the Village Center shall be
designed to maintain architectural compatibility with residential
architectural of the surrounding areas. Architectural compatibility
may be achieved through the use of similar materials and responsive
forms(including roof form).
IX. Non-residential Desirable Features for Meeting Point Requirements of the Village
Residential District(point requirements ofthe Village Residential District are the only
point requirements that apply to the non-residential areas of this Planned
Development except as amended below which replace certain ofthe Desirable Feature
Standards).
i. Site Design:
1. Building placement: Individual buildings with footprints no greater
than 15,000 s.f shall earn 5 points
2. Access drives: Any development not able to locate access a minimum of 100
feet from an intersection shall earn an additional
10 points
3. Location of service and loading areas: Service and loading areas which are
not visible from a public street or adjacent residential lot but which provide
screening through the use of enhanced landscape(flowering trees and shrubs)
or an enhanced masonry wall shall earn an additional
10 points
ii. Landscape:
1. Landscaping of parking lots: Parking lots which exceed 24 sq.ft. ofrequired
per space landscape area shall earn 5 points for each additional increase
in landscape area equal to 1% of the parking area up to a maximum of 25
points.
X. Natural area Desirable Features for meeting point requirements of the Village
Residential District (point requirements listed below may be applied to the point
requirements of the residential and/or non-residential areas but any point credit must
be allocated to only one area requirement).
i. Enhanced Wetland Preservation: Preservation and restoration and restoration of
wetland areas 10 points per 4 acres
ii. Hardwood forest preservation: Preservation of native forest areas and forest
habitats(of trees with an 8 in. or greater caliper 10 points per 10 acres
iii. Preservation of historical and archeological sites 10 points per site
iv. Provision of improved open space 10 points for every 5%
of the total site area over 15%
, Trail linkaaPe to rlaetinatinne nnteirlP rl.walnnmpnt 111 nninte
vi. Provision of interpretative and educational trails 10 points
vii. Provision of open spaces that implement portions of the comprehensive park
master plan 10 points
The developer shall provide an overall Trail Concept Plan (for all trails within the
boundaries of this Planned Development)for all phases with submittal of a final plat
for phase one. The trail Master Plan shall indicate phases of trail development and
identify funding sources that may be acquired to implement the plan.
XI. Common Area Platting: All non-dedicated/HOA maintained green belts and common
areas shall be clearly delineated as such and the acreage shown for each common area
on the final subdivision plat.
XII. Tree Preservation: Toward the goal ofpreserving as many existing trees(8 in.caliper
or larger) possible, a tree management plan provided by the owner as preserves at
least 25%ofthe riparian tree cover shall be approved by the director ofplanning prior
to commencement of an grading or infrastructure or improvements within the area of
this Planned Development.
MIL Landscape Zone: In an effort to preserve the agricultural heritage of the Bozeman
Farm, as indicated by the existing fence line trees, the developer shall preserve all
hardwood trees with a caliper of 8 inches or greater located within an edge zone that
extends 3 feet from perimeter property line.
XIV. Screening and Landscape: The screening and landscape strip shall be provided along
FM 544. A conceptual landscape plan to be provided with the Preliminary Plat.
XV. Transition Zone: In an effort to make a land use transition from the existing homes
fronting Collin County Road 732,the developer shall establish an edge,one lot deep,
of lots along the eastern property line of this development that have a minimum lot
size of 8,500 square foot and a minimum house size of 2,000 sf.
XVI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any
dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants
and/or homeowner's agreement as approved by the City Attorney and duly recorded
in the Deed Records of Collin County, to establish and maintain a Homeowner's
Association for the ownership and maintenance of all non-dedicated common areas
and improvements within the Planned Development District, shall be filed with the
Building Inspections Department.
XVII. Upon the request of the Wylie Independent School District, the Developer of the
Bozeman Farm Estates will meet with the Wylie Independent School Board and
propose the following terms for an elementary school site in Bozeman Farm Estates:
i. A mutually agreeable site within Bozeman Farm Estates.
ii. A price for purchase of the property by the district that equals the developer's
basis.
iii. An area of land that is not less than six (6) acres or more than twelve (12)
acres.
iv. A right to exercise an option to purchase the site that remains effective for
three years from closing ofthe property by the developer. The school district
will have the right to extend the option period for two (2)years by sending
notice to the Developer sixty(60) days prior to its expiration date.
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DEVELOPMENT PLAN MESA
54HELAINTERESTS INC REALTY DEVELOPMENT TRUST BOZMAN FARM ESTATES
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WYLIE,TX
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NOTIFICATION REPORT
APPLICAN1 Realty Development Trust APPLICATION FILE #2002-05
1771 International Parkway, #127 Richardson,Tx. 75081
# 3LK/ABS1 LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 1771 International Parkway,#127
1 Realty Development Trust Richardson,Texas 75081
Stone Grove Addn 1019 Foxwood Lane
2 B Lot 5 R-2248-OOB-0050-1 Peter Zeller Wylie,Texas 75098
Stone Grove Addn 1019 Foxwood Lane
3 B Lot 6 R-2248-OOB-0060-1 Peter Zeller Wylie, Texas 75098
Stone Grove Addn 1023 Foxwood Lane
4 B Lot 7 R-2248-00B-0070-1 John Knackstadt Wylie,Texas 75098
Stone Grove Addn 513 S. Foxwood Lane
5 B Lot 8 R-2248-00B-0080-1 Johnny Aldridge Wylie,Texas 75098
P.O.Box 546
6 Abst 475 Tract 13 R-6475-000-0130-1 Birmingham Memorial Trust Wylie,Texas 75098
P.O. Box 546
7 Abst 475 Tract 34 R-6475-000-0340-1 Birmingham Memorial Trust Wylie,Texas 75098
P.O. Box 546
8 Abst 979 Tract 45 R-6979-000-0450-1 Birmingham Memorial Trust Wylie, Texas 75098
2000 Hwy. 78 North
9 Abst 979 Tract 56 R-6979-000-0560-1 City of Wylie Wylie,Texas 75098
1320 E.Stone Road
10 Abst 979 Tract 25-9 R-6979-000-0259-1 George Richards Wylie,Texas 75098
Jimmie Jane Feagan 1095 E.FM 544
11 Abst 979 Tract 24 R-6979-000-0240-1 do F.D. Feagin Wylie,Texas 75098
1275 E. FM 544
12 Abst 979 Tract 31 R-6979-000-0310-1 Edwina Cook Wylie,Texas 75098
1275 E. FM 544
13 Abst 979 Tract 21 R-6979-000-0210-1 Edwina Cook Wylie,Texas 75098
13118 Southview Lane
14 Abst 979 Tract 41 R-6979-000-0410-1 Billy Burdine Dallas,Texas 75240
P.O. Box 578
15 Abst 979 Part of Tract 59 R-6979-000-0590-1 Charlane Dew Wylie,Texas 75098
Collin County 210 S.McDonald Street
16 FM 544 Commissioners Court McKinney,Texas 75069
Collin County 210 S. McDonald Street
17 Stone Road Commissioners Court McKinney,Texas 75069
Collin County 210 S. McDonald Street
18 Troy Road Commissioners Court McKinney,Texas 75069
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`VYLIE CITY COUNCIL
AGENDA ITEM NO. .
August 13 2002
Issue
Consider and act upon authorizing the City Manager to execute and award a contract to Bucher,Willis&Ratliff,
Corp.,in the amount of$180,240 for engineering services related to the design of paving and utility improvements
along SH 78 from Eubanks to Spring Creek Pkwy and traffic signalization at Spring Creek Pkwy.
Background
The Texas Department of Transportation(TxDOT)is scheduled to begin construction on SH 78 from FM 544 to
Eubanks in the next few months. The proposal includes the design of an additional 3,365 linear feet of a 4-lane
concrete paving section with underground storm sewer improvements and a traffic signal at the intersection of Spring
Creek Parkway. The additional construction will be added to the existing TxDOT contract with Site Concrete and
will add approximately five months to the projected completion of SH 78. Tabulated below is the projected
construction cost for the project including a 10%contingency.
Projected Construction Cost
Paving 1,787,900
Signal Improvements 110,000
Utility Improvements 277,600
Project Total $2,175,500
Financial Considerations
The construction cost and engineering fees for the signal at the intersection of Spring Creek Pkwy will be reimbursed
by the developer of the property located on the northwest corner of the intersection.
Summary of Fees
Basic Engineering Services 123,540
Special Services 56.700
Total Fee $180,240
Other Considerations
N/A
Board/Commission Recommendations
N/A
Staff Recommendations
Authorize the City Manager to execute and award a contract to Bucher,Willis&Ratliff,Corp.,in the amount of
$180,240 for engineering services related to the design of paving and utility improvements along SH 78 from
Eubanks to Spring Creek Pkwy and traffic signalization at Spring Creek Pkwy.
Attachments
Engineering services agreement from Bucher,Willis&Ratliff,Corp.
Prepared by 'few= by F.i um ce City an oval
Years IIU//1\
August 6, 2002 1957-
Mr. Chris Hoisted,P.E.
City Engineer
City of Wylie,Texas
2000 Highway 78 North
Wylie,Texas 75098
RE: Proposal for SH 78 Improvements
From Eubanks to Spring Creek
And Utility Relocations
Dear Mr. Hoisted:
Bucher, Willis & Ratliff Corporation (BWR) is pleased to present this proposal for providing
professional engineering and surveying services for designing roadway and utility improvements along
SH 78 between Eubanks Street and Spring Creek Parkway to TxDOT standards. The scope and
magnitude of this work reflects our understanding of the City's requirements to have water and sanitary
sewer lines relocated within TxDOT right-of-way, to have SH 78 improved to a four lane divided
roadway with ultimate build out to include two additional lanes constructed to the inside, and to have a
traffic signal for the intersection of SH 78 and Spring Creek Parkway.
The City utilities located within TxDOT right-of-way along SH 78 include approximately 3,000 LF of 8"
water and 3,000 LF of 8" sanitary sewer lines. The paving improvements include approximately 3,300
LF to SH 78 and the intersection at Spring Creek Parkway. A traffic warrant study and signalization plan
for the intersection at Spring Creek Parkway is also included.
We propose to provide the basic professional services for a lump sum amount of One Hundred Twenty-
three Thousand Five Hundred Forty Dollars ($123,540.00). The special services are cost reimbursable
times a multiplier of 1.1, or as specified in the proposal, or in accordance with the Schedule of Charges
and are estimated at be Fifty-six Thousand Seven Hundred Dollars ($56,700.00). The total professional
services is estimated not to exceed One Hundred Eighty Thousand Two Hundred Forty Dollars
($180,240.00). We have attached an opinion of construction cost estimate, proposed plan sheet list,
engineering fee budget summary, and maps reflecting our understanding of the project limits and scope
of work. These attachments are the basis for the fee calculation.
Enclosed are two copies of our Agreement for Professional Services. BWR looks forward to working
with the City of Wylie on this project. Should you have any questions, please contact Ray Flemons, PE
or myself.
Sincerely,
BUCHER,WILLIS & RATLIFF CORPORATION
Jeffrey S. Ground, PE
Sr. Project Manager
ENGINEERS I PLANNERS I ARCHITECTS
8140 WALNUT HILL LANE, SUITE 900 I DALLAS, TEXAS 75231-4356 I PHONE: 214.373.7873 I FAX: 214.373.7875
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS §
COUNTY OF DALLAS §
This AGREEMENT is entered into by City of Wylie, Texas , hereinafter called "OWNER' and
Bucher, Willis & Ratliff Corporation, hereinafter called "BWR". In consideration of the
AGREEMENTS herein,the parties agree as follows:
I. EMPLOYMENT OF BWR: In accordance with the terms of this AGREEMENT: OWNER
agrees to employ BWR; BWR agrees to perform professional services in connection with the
Project; OWNER agrees to pay to BWR compensation. The Project is described as follows:
Paving and Utility Improvements along SH 78 from Eubanks to Spring Creek Pkwy. (TxDOT
Sta. 573+00 to Sta. 606.65) and traffic signalization at Spring Creek Pkwy.
II. SCOPE OF SERVICES: BWR shall render professional services in connection with Project as
set forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is
attached to and made a part of this AGREEMENT.
III. COMPENSATION: OWNER agrees to pay BWR for all professional services rendered under
this AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto
and made a part of this AGREEMENT.
IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement
as set forth as Attachment TC shall govern the relationship between the OWNER and BWR.
Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT
to anyone other than OWNER and BWR, and all duties and responsibilities undertaken pursuant to this
AGREEMENT will be for the sole and exclusive benefit of OWNER and BWR and not for the benefit of
any other party.
This AGREEMENT constitutes the entire AGREEMENT between OWNER and BWR and supersedes
all prior written or oral understandings.
This contract is executed in two counterparts.
IN TESTIMONY HEREOF, they have executed this AGREEMENT, the— day of , 20
ATTEST: OWNER
By: By:
ATTEST: BUCHER,WILLIS &RATLIFN CORPORATION
(BW )
ed__
By: James R. Fle ns,P.E.
Sr. Vice Presi ent
ATTACHMENT SC
SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER
ARTICLE I
BASIC SERVICES: BWR shall render the following professional services in connection with the
development of the Project:
A. PRELIMINARY DESIGN PHASE
Upon execution of this AGREEMENT,BWR shall:
1. Consult with OWNER: (1) to review the scope of services, (2) to verify OWNER'S
requirements for the Project, and(3)to review available data.
2. Advise OWNER as to the necessity of OWNER'S providing or obtaining data or
services from others, and assist OWNER in connection with any such services.
3. Prepare a schematic layouts, sketches and conceptual design criteria with appropriate
exhibits to indicate the considerations involved and some alternative solutions available
to OWNER and setting forth BWR's findings and recommendations with opinions of
probable construction costs for the Project. The alternate solutions shall be limited to
not more than three.
4. Furnish two (2) copies of the layouts/sketches and present and review it in person with
OWNER.
5. Prepare preliminary design documents consisting of final design criteria, preliminary
drawings and outline specifications.
6. Based on the information contained in the preliminary design documents, submit a
revised opinion of probable Project Costs.
7. Furnish two (2) copies of the above preliminary design documents and present and
review them with OWNER.
B. DESIGN PHASE:
Upon execution of this AGREEMENT, BWR shall provide professional services in this phase as
follows:
1. Prepare plans, specifications,contract documents, designs, and layouts of improvements
to be constructed(surveys to be furnished as Special Services,pursuant to Article II).
2. Advise OWNER of need for and recommend scope of subsurface investigations, and
special analysis, etc, and the retention of special consultants. The cost of such services
shall be paid by OWNER and are not included in the services performed by BWR.
3. Furnish OWNER, when requested, the engineering data necessary for applications for
routine permits required by local, state and federal authorities. Preparation of
applications and supporting documents for government grants or for planning advances
will be provided as Additional Services.
4. Submit plans, specifications, and contract documents to the applicable federal and state
agency(s)for approval, where required.
5. Furnish such information necessary to utility companies whose facilities may be
affected or services may be required for the Project.
6. Prepare revised opinion of probable construction cost.
7. Prepare bidder's proposal forms (project quantities) of the improvements to be
constructed.
8. Furnish OWNER two (2) sets of copies of plans, specifications, and bid proposals
marked "Preliminary" for approval by OWNER. Upon final approval by OWNER,
1
ATTACHMENT SC
BWR will provide OWNER two (2) sets of copies of "Final" plans. As directed by
OWNER, additional sets of plans, specifications and bid documents as are necessary in
the receipt of bids for construction and as are required in the execution of the Project,
shall be furnished by BWR and shall be paid for by OWNER as an Additional Service.
C. CONSTRUCTION PHASE:
Upon completion of the design services and approval of "Final" plans and specifications by
OWNER, BWR will proceed with the performance of services in this phase as follows:
1. Assist OWNER in conducting a pre-construction conference with the Contractor.
2. Make two (2) visits each month to the site to observe the progress and the quality of
work and to attempt to determine in general if the work is proceeding in accordance
with the Contract Documents. If BWR is requested to visit the site more frequently
than the specified number of visits each month, the requested visits shall be considered
an Additional Service and BWR shall be entitled to additional compensation.
3. In performing the services outlined above, BWR will endeavor to protect OWNER
against defects and deficiencies in the work of Contractors; BWR will report any
observed deficiencies to OWNER, however, it is understood that BWR does not
guarantee the Contractor's performance, nor is BWR responsible for supervision of the
Contractor's operation and employees. BWR shall not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by the
Contractor, or any safety precautions and programs relating in any way to the condition
of the premises, the work of the Contractor or any Subcontractor. BWR shall not be
responsible for the acts or omissions of any person(except its own employees or agents)
at the Project site or otherwise performing any of the work of the Project.
4. Consult and advise with OWNER during construction, make recommendations to
OWNER regarding materials and workmanship.
5. Interpret the plans and specifications for OWNER and Contractor(s). Investigations,
analyses, and studies requested by the Contractor(s) and approved by OWNER, for
substitutions of equipment and/or materials or deviations from the plans and
specifications will be considered an Additional Service.
6. Based on BWR's observations as an experienced and qualified design professional and
review of the Application for Payment and supporting documentation submitted by
Contractor, determine the amount that BWR recommends Contractor be paid on
monthly and final estimates, pursuant to the General Conditions of the Construction
Contract.
7. Conduct, in company with OWNER's representative, a final review of the Project for
conformance with the design concept of the Project and general compliance with the
Contract Documents, and review and comment on the certificate of completion and the
recommendation for final payment to the Contractor(s).
8. Revise the construction drawings in accordance with the information furnished by
construction Contractor(s) reflecting changes in the Project made during construction.
Two(2) sets of prints of"Record Drawings" shall be provided by BWR to OWNER.
2
ATTACHMENT SC
SPECIAL SERVICES: BWR shall render the following professional services in connection with the
development of the Project:
1. Field Surveying required for the preparation of designs, drawings and plans.
2. Attend coordination meetings every two (2) weeks with the OWNER and TxDOT throught
the design phase. (Estimate 10 meetings)
3. All printing, reproduction, travel mileage, and miscellaneous operating expenses as pertaining
directly to the project work.
4. Traffic Warrant Study
5. Preparation of Traffic Signalization Plans and Specifications designed to TxDOT Standards.
ARTICLE II
ADDITIONAL SERVICES:
Additional Services to be performed by BWR, if authorized by OWNER, which are not included in the
above described basic and special services, are described as follows:
A. Field layouts or the furnishing of construction line and grade surveys.
B. Making property, boundary and right-of-way surveys, preparation of easement and deed
descriptions, including title search and examination of deed records.
C. Preparing applications and supporting documents for government grants, loans, or planning
advances and providing data for detailed applications.
D. Providing shop, mill,field or laboratory inspection of materials and equipment.
E. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory
agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition,
and preparations therefore before any regulatory agency,court, arbitration panel or mediator.
F. Furnishing the services of a Resident Project Representative to act as OWNER'S on-site
representative during the Construction Phase.
G. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the plans and specifications.
H. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by
BWR on a fee basis negotiated by the respective parties outside of and in addition to this
AGREEMENT.
I. Providing environmental support services including the design and implementation of ecological
baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance,
and other assistance required to address environmental issues.
ARTICLE III
TIME OF COMPLETION:
BWR is authorized to commence work on the Project upon execution of this AGREEMENT and agrees
to complete the services in twenty (20) weeks. BWR reserves the right to extend the completion
schedule due to OWNER's or other's delays. Additional compensation may be requested by BWR if
project is unduly prolonged due to delays beyond the control of BWR.
3
ATTACHMENT SC
ARTICLE IV
RESPONSIBILITIES OF OWNER:
OWNER shall perform the following in a timely manner so as not to delay the services of BWR:
A. Designate in writing a person to act as OWNER'S representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to BWR's services for the Project.
B. Provide all criteria and full information as to OWNER'S requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations; and furnish copies of all design and construction
standards which OWNER will require to be included in the plans and specifications.
C. Assist BWR by placing at BWR's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the Project.
D. Arrange for access to and make all provisions for BWR to enter upon public and private property
as required for BWR to perform services under this AGREEMENT.
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by BWR, obtain advice of an attorney, insurance counselor and other consultants as
OWNER deems appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of BWR.
F. Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project.
G. OWNER shall make or arrange to have made all subsurface investigations, including but not
limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER
shall also make or arrange to have made the interpretations of data and reports resulting from such
investigations. All costs associated with such investigations shall be paid by OWNER.
H. Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such legal services as OWNER may require or BWR may reasonably
request with regard to legal issues pertaining to the Project including any that may be raised by
Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose
any Contractor has used the moneys paid under the construction contract, and such inspection
services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule,
regulation, ordinance, code or order applicable to their furnishing and performing the work.
I. OWNER shall determine, prior to receipt of construction bid, if BWR is to furnish Resident Project
Representative service so the Bidders can be informed.
J. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and
other job related meetings and substantial completion inspections and final payment inspections.
K. Give prompt written notice to BWR whenever OWNER observes or otherwise becomes aware of
any development that affects the scope or timing of BWR's services, or any defect or
nonconformance of the work of any Contractor.
L. Furnish, or direct BWR to provide, Additional Services as stipulated in Attachment SC, Article II
of this AGREEMENT or other services as required.
M. Bear all costs incident to compliance with the requirements of this Article IV.
4
ATTACHMENT CO
COMPENSATION
LUMP SUM WITH ADDITIONAL WORK BASED ON HOURLY RATES
A. Basic Services: Compensation to BWR for the Basic Services in Attachment SC shall be the
lump sum of ONE HUNDRED TWENTY-THREE THOUSAND FIVE HUNDRED FORTY
DOLLARS ($ 123,540.00.) The basic services are based on the plan sheet count, and estimated
man hours.
Paving&Utility Design $ 107,645.00
Advertise/Bids/Const. $ 15,895.00
$ 123,540.00 Lump Sum Amount
B. Special Services: Compensation to BWR for the Special Services in Attachment SC shall be
paid at the scheduled costs or at actual cost times a multiplier of 1.10 for services performed by
subconsultants (printing, et cetera.) The estimated cost for the special services not to exceed is
FIFTY-SIX THOUSAND SEVEN HUNDRED DOLLARS ($56,700.00.)
Paving&Utility Survey $ 14,950.00
Legal Desc. &Exhibit(4) $4,600.00
Traffic Warrant Study $6,050.00
Traffic Signalization $ 15,800.00
Traffic Construction $ 3,800.00
Meetings/Expenses $ 11,500.00
$ 56,700.00 Not to Exceed Amount
BASIC & SPECIAL SERVICES $ 180,240.00 ESTIMATED
If BWR sees the Scope of Services changing so that additional services are needed, including but not
limited to those services described as Additional Services in Attachment SC, BWR will notify OWNER
for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule
of Charges.
C. Schedule of Charges for Additional Work:
Position Rate/Hour
Principal $165
Project Manager/Sr. Engineer $120
Engineer $ 85
Technician $65
Administrative $ 60
D. Rates for In-house Services
Description Rate
Bond $5.00 per plot
Vellum $8.00 per plot
Mylar $12.00 per plot
Bluelines/Blacklines $0.45 per square foot
Offset and Xerox Copies $0.10 per single side copy
Offset and Xerox Copies $0.28 per double side copy
GBC Binding(Reg. Cover) $4.00 per book
Traffic Studies Equipment $20.00/unit/day
Survey Mileage $0.45/mile
Mileage $0.365/mile
1
ATTACHMENT CO
E. Other Direct Expenses
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include printing and
reproduction expense, communication expense, and other miscellaneous expenses directly related to the
work, including costs of work required to be done by independent persons other than staff members.
2
ATTACHMENT TC
TERMS AND CONIDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to City of Wylie,Texas
The term BWR as used herein refers to Bucher,Willis&Ratliff Corporation, its employees and agents;also its subcontractors
and their employees and agents. As used herein, Services refers to the professional services performed by Bucher, Willis &
Ratliff Corporation pursuant to the AGREEMENT.
2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK
required by the AGREEMENT by altering,adding to and/or deducting from the WORK to be performed. If any change under
this clause causes an increase or decrease in BWR's cost of, or the time required for, the performance of any part of the
Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT
modified in writing accordingly.
3. TERMINIATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written notice. In the event of termination, BWR will be paid for all services rendered and reimbursable expenses
incurred to the date of termination and,in addition,all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shall BWR or its subcontractors be liable in contract, tort, strict liability,
warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss of product,loss of use of the
equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other
equipment or systems.
5. INFORMATION FURNISHED BY OWNER: Owner will assist BWR by placing at BWR's disposal all available
information pertinent to the Project including previous reports and any other data relative to design or construction of the
Project. BWR shall have no liability for defects or negligence in the Services attributable to BWR's reliance upon or use of
data, design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and
hold BWR harmless from any and all claims and judgements,and all losses,costs and expenses arising therefrom. BWR shall
disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specification or other
information furnished by Owner to BWR that BWR may reasonably discover in its review and inspection thereof.
6. INSURANCE: BWR shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(All limits in thousands):
Commercial General Liability Worker's Compensation
General Aggregate $2,000 Each Accident $500
Automobile Liability(Any Auto) Professional Liability
CSL $1,000 Annual Aggregate $3,000
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any
subcontractor for BWR is incompetent or undesirable, Owner will notify BWR accordingly and BWR shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing
contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner.
8. OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution of
the Services provided under this AGREEEMENT shall be the property of the Owner upon payment of BWR's fees for
services. BWR may retain copies for record purposes. Owner agrees such documents are not intended or represented to be
suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without
written verification or adaptation by BWR will be at Owner's sole risk and without liability or legal exposure to BWR, or to
BWR's independent associates or consultants, and Owner shall indemnify and hold harmless BWR and BWR's independent
associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting
therefrom. Any such verification or adaptation will entitle BWR to further reasonable comepensaion. BWR may reuse all
drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in
BWR's other activities. Any reuse by BWR will be at BWR's sole risk and without liability or legal exposure to Owner, and
BWR shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees
arising out of or resulting therefrom.
1 BWR
OWNER
9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that BWR has neither created nor contributed
to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or
condition at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or loss
that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required
by this AGREEMENT, BWR does not take possession or control of subject site, but acts as an invitee in performing the
services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Futher,
BWR shall have no responsibility for any pollutant during clean-up,transportation,storage or disposal activities.
10. OPINION OF PROBABLE COSTS: BWR will furnish an opinion of probable project development cost based on present
day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility
studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared
by BWR hereunder will be made on the basis of BWR's experience and qualifications and represent BWR's judgement as an
experienced and qualified design professional. It is recognized, however, that BWR does not have control over the cost of
labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining
their prices.
11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, BWR will furnish Construction
Representation according to the defined scope for these services. BWR will observe the progress and the quality of work to
determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services,
BWR will endeavor to protect Owner against defects and deficiencies in the work of Contractors; BWR will report any
observed deficiencies to Owner,however, it is understood that BWR does not guarantee the Contractor's performance, nor is
BWR responsible for the supervision of the Contractor's operation and employees. BWR shall not be responsible for the
means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety of any person
(except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. If Owner
designates a person to serve in the capacity of Resident Project Representative who is not a BWR's employee or BWR's
agent, the duties, responsibilities and limitations of authority of such Resident Project Representatives(s) will be set forth in
writing and made a part of this AGREEMENT before the Construction Phase of the Project begins.
12. PAYMENT: Progress payments may be requested by BWR based on the amount of services completed. Payment for the
services of BWR shall be due and payable upon submission of a statement for services to OWNER. Statements for services
shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and
charges by any governmental body after the execution of this AGREEMENT will be added to BWR's compensation.
If OWNER fails to make any payment due BWR for services and expenses within thirty (30) days after receipt of BWR's
statement for services therefore, the amounts due BWR will be increased at the rate of one percent(1%)per month from said
thirtieth (30th) day, and, in addition, BWR may, after giving seven (7) days' written notice to OWNER, suspend services
under this AGREEMENT until BWR has been paid in full,all amounts due for services,expenses and charges.
13. ARBITRATION: No arbitration arising out of,or relating to,this AGREEMENT involving one party to this AGREEMENT
may include the other party to this AGREEMENT without their approval.
14. SUCCESSORS AND ASSIGNMENTS: OWNER and BWR each are hereby bound and the partners, successors,executors,
administrations and legal representatives of OWNER and BWR are hereby bound to the other party to this AGREEEMENT
and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in
respect of all covenants,agreements and obligations of this AGREEMENT.
Neither OWNER nor BWR shall assign, sublet or transfer any rights under or interest in (including, but without limitation,
moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to
the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by
law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall
prevent BWR from employing such independent associates and consultants, as BWR may deem appropriate to assist in the
performance of service hereunder.
15. PURCHASE ORDERS: If a Purchase Order is used to authorize BWR's Services, only the terms, conditions/instructions
typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase
Order and the terms of this AGREEMENT,then this AGREEMENT shall prevail and shall be determinative of the conflict.
2 BWR
OWNER
1
SH 78 WIDENING CONSTRUCTION COST ESTIMATE PAGE 1
PROJECT: SH78
COUNTY: DALLAS
CSJ: XXXX-XXX-XXX
PAVING IMPROVEMENTS ESTIMATED PRICE
ITEM UNIT QUANTITY PER UNIT AMOUNT
NO. DESCRIPTION
1 PREP ROW STA 33.00 $600.00 $19,800.00
2 REMOV ACP(PAV) SY 15,000.00 $6.00 $90,000.00
3 EXCAVATION(RDWY) CY 26,200.00 $8.50 $222,700.00
4 EMBANKMENT(DENS CONT)(TYP C)(CL 3) CY 7,200.00 $8.50 $61,200.00
5 BLOCK SODDING SY 19,800.00 $2.10 $41,580.00
6 CELL FIB MULCH SEED(PERM)(RURAL)(CLAY) SY 10,000.00 $0.30 $3,000.00
7 CELL FIB SEED(TEMP)(WARM) SY 5,000.00 $0.20 $1,000.00
8 CELL FIB SEED(TEMP)(COOL) SY 5,000.00 $0.20 $1,000.00
9 VEGETATIVE WATERING MG 37.20 $10.00 $372.00
10 SOIL RET BLNKT(CL 1)(TY B) SY 5,000.00 $1.25 $6,250.00
11 LIME TREAT SUBGR(DC)(12") SY 27,400.00 $0.80 $21,920.00
12 LIME(TY A SLRY),TY B SLRY TON 815.00 $90.00 $73,350.00
13 MONO CURB(TY 1) LF 11,900.00 $1.20 $14,280.00
14 CONC PAV(CONT REINF)(9") SY 22,000.00 $20.00 $440,000.00
15 CEM STABIL BKFL CY 2.00 $40.00 $80.00
16 HOT MIX(TY C) (SURF)(PG 76-22) TON 450.00 $37.50 $16,875.00
17 HOT MIX(TY B)(BASE)(PG 76-22) TON 900.00 $32.00 $28,800.00
18 TRENCH EXCAV PROTECTION LF 5,000.00 $3.00 $15,000.00
19 RIPRAP(CONC)(CL B) CY 50.00 $198.00 $9,900.00
20 RC PIPE(CL III)(30") LF 4,000.00 $22.50 $90,000.00
21 INLET(COMPL)(TY I) EA 6.00 $2,000.00 $12,000.00
22 CONC BOX CULV(7 FT X 3 FT) LF 240.00 $250.00 $60,000.00
23 MANH (COMPL)(TYI) EA 6.00 $2,000.00 $12,000.00
24 WINGWALL(PW-N)(H=7FT) EA 4.00 $6,400.00 $25,600.00
25 REMOVE OLD STR(PIPE) EA 10.00 $250.00 $2,500.00
26 REMOVE OLD STR(LARGE) (BOX CULV) EA 1.00 $5,000.00 $5,000.00
27 BARRICADES,SIGNS AND TRAF HANDLE MO 9.00 $2,800.00 $25,200.00
28 CONSTRUCT DETOURS SY 520.00 $15.00 $7,800.00
29 DRVWY(CONC)(6") SY 1,200.00 $40.00 $48,000.00
30 DRVWY(ASPH-CONC PAV) SY 50.00 $14.75 $737.50
31 MTL BEAM GD FEN(12 GA) LF 400.00 $15.00 $6,000.00
32 TERM ANCHOR SECT(12 GA) EA 2.00 $360.00 $720.00
33 PORT COCNC TRAF BAR(STKPL INSTL&RETRN) LF 220.00 $7.50 $1,650.00
34 CONC CURB&GUTTER(TYI) LF 50.00 $8.50 $425.00
35 CONCRETE SIDEWALK SY 1,570.00 $25.00 $39,250.00
36 CONC SIDEWALK(WHEELCHAIR RAMP)(TY 1) EA 6.00 $100.00 $600.00
37 CONC MEDIAN SY 15.00 $25.00 $375.00
38 REMOVE SMALL RDSD SGN ASSMS EA 13.00 $50.00 $650.00
39 RELOCATE SMALL RDSD SGN ASSMS EA 2.00 $100.00 $200.00
40 DEL ASM TY A(D-SW) EA 8.00 $40.00 $320.00
41 OBJ MRK ASM TY 2(OM-2SR)(A) EA 2.00 $40.00 $80.00
8/5/2002 12:55 PM
SH 78 WIDENING CONSTRUCTION COST ESTIMATE PAGE 2
42 WRK ZN PAV MRK REMOV TY W EA 9,500.00 $0.85 $8,075.00
43 WRK ZN PAV MRK REMOV TY Y-2 EA 8,000.00 $0.70 $5,600.00
44 REFL PAV MRK TY I (W)(4")(SLD) LF 8,000.00 $0.17 $1,360.00
45 REFL PAV MRK TY I(W)(4")(BRK) LF 800.00 $0.24 $192.00
46 REFL PAV MRK TY I (W)(4")(DOT) LF 80.00 $0.24 $19.20
47 REFL PAV MRK TY I(W)(8")(SLD) LF 3,000.00 $4.30 $12,900.00
48 RELF PAV MRK TY I (W)(24")(SLD) LF 100.00 $5.20 $520.00
49 REFL PAV MRK TY I(W)(ARROW) EA 4.00 $120.00 $480.00
50 REFL PAV MRK TY II (Y)(4")(SLD) LF 8,000.00 $0.22 $1,760.00
51 REFL PAV MRK TYII (Y)(4")(BRK) LF 800.00 $0.22 $176.00
52 REFL PAV MRK TYII (Y)(4")(DOT) LF 80.00 $0.22 $17.60
53 REFL PAV MRK TY II (W)(24")(SLD) LF 100.00 $3.00 $300.00
54 REFL PAV MRK TY II (W)(8")(SLD) LF 3,000.00 $4.30 $12,900.00
55 REFL PAV MRK TY II(W)(ARROW) EA 4.00 $120.00 $480.00
56 PAV SURF PREP FOR MAKS(4") LF 8,880.00 $0.10 $888.00
57 PAV SURF PREP FOR MAKS(8") LF 3,000.00 $0.10 $300.00
58 PAV SURF PREP FOR MAKS(24") LF 100.00 $0.15 $15.00
59 PAV SURF PREP FOR MAKS(ARROW) EA 4.00 $15.00 $60.00
60 RAIS PAV MARKER CL B(REFL)TY I-C EA 70.00 $3.00 $210.00
61 ROCK FILTER DAMS(TY II) LF 100.00 $25.00 $2,500.00
62 ROCK FILTER DAMS(REMOVE&REPLACE)(TY II) LF 50.00 $25.00 $1,250.00
63 ROCK FILTER DAMS(REMOVE) LF 100.00 $10.00 $1,000.00
64 BKHOE WORK(EROSN CONT)(CL 1) HR 10.00 $45.00 $450.00
65 TEMP SEDMT CONT FENCE LF 5,800.00 $1.50 $8,700.00
66 TEMP SEDMT CONT FENCE(REMOVE&REPLAC) LF 2,900.00 $1.50 $4,350.00
67 TEMP SEDMT CONT FENCE(REMOVE) LF 5,800.00 $0.50 $2,900.00
68 SINGLE GDRAIL TERM(TY II) EA 2.00 $2,000.00 $4,000.00
69 MOBILIZATION (10%) $147,761.73
PAVING SUBTOTAL $1,625,379.03
10%CONTINGENCY $162,537.90
PAVING TOTAL $1,787,900.00
SIGNAL IMPROVEMENTS
DESCRIPTION
70 ALL TRAFFIC SIGNAL LS 1.00 $100,000.00 $100,000.00
TRAFFIC SIGNAL SUBTOTAL $100,000.00
10%CONTINGENCY $10,000.00
TRAFFIC SIGNAL TOTAL $110,000.00
UTILITY IMPROVEMENTS
DESCRIPTION
71 8"WATER LINE LF 2800 $30.00 $84,000.00
72 JACK&BORE 16"CASING LF 90 $150.00 $13,500.00
73 OPEN CUT 8"WATER LINE LF 40 $50.00 $2,000.00
74 8"GATE VALVE EA 2 $1,000.00 $2,000.00
75 CONNECT TO EXISTING FIRE HYDRANT/METER EA 8 $750.00 $6,000.00
76 8"SANITARY SEWER LINE LF 2800 $28.00 $78,400.00
8/5/2002 12:55 PM
SH 78 WIDENING CONSTRUCTION COST ESTIMATE PAGE 3
77 JACK&BORE 16"CASING(10"SS) LF 90 $150.00 $13,500.00
78 OPEN CUT 8"SANITARY SEWER LINE LF 40 $50.00 $2,000.00
79 WASTEWATER MANHOLE EA 7 $3,200.00 $22,400.00
80 CLEANOUT EA 8 $1,200.00 $9,600.00
81 CONCRETE ENCASEMENT LF 40 $25.00 $1,000.00
82 TV INSPECTION LF 2800 $2.00 $5,600.00
83 LOCATE UNDERGROUND UTILITIES EA 4 $300.00 $1,200.00
UTILITY SUBTOTAL $252,400.00
10%CONTINGENCY $25,240.00
UTILITY TOTAL $277,600.00
PAVING TOTAL $1,787,900.00
TRAFFIC SIGNAL TOTAL $110,000.00
UTILITY TOTAL $277,600.00
PROJECT TOTAL $2,175,500.00
$2,153,500.00
(COST OF ASPHALT TRANSITION) $45,675.00
PROJECT TOTAL W/TRANSITION REMOVED $2,107,825.00
8/5/2002 12:55 PM
City of Wylie
SH 78 Roadway Improvements
Proposed Plan Sheets
Sheet No. Length Description
1 Title
2 Index of Sheets
3 Project Layout
4,5 Typical Sections
6-24 General Notes
25-27 Estimate&Quantity
28-36 Summary Sheets
37-40 3300 Roadway Plan & Profile
41,42 Misc. Details
43 Int. Contour Details
44-46 Drainage Area Map
47 Drainage Data
48-52 2500 Drainage Plan & Profile
53 Summary Small Signs
54-56 Perm. Sign Lalyout
57,58 Signing
59,60 Pavement Markings
61-63 SW3P
64-124 TxDOT Standard Sheets
Note, Page count may be reduced if TxDOT permits standard sheets from existing
contract to be referenced in lieu of reproduced.
8/5/2002; 11:51 AM Bucher, Willis & Ratliff Corporation UTILsheet list.xls
City of Wylie
SH 78 Utility Relocations
Proposed Plan Sheets
Sheet No. Pipe Length Description
1 Cover
2 General Notes/Location
3 Horizontal Control/Location Map
4 2700 Relocation of 8"WL
5 Relocation of 8" WL
6 Relocation of 8"WL
7 Relocation of 8" WL
8 Relocation of 8"WL
9 Relocation of 8"WL
10 Relocation of 8" WL
11 2700 Relocation of 8" SS
12 Relocation of 8" SS
13 Relocation of 8" SS
14 Relocation of 8" SS
15 Relocation of 8" SS
16 Relocation of 8" SS
17 Relocation of 8" SS
18 Details
5,400 Total Linear Feet of Potential Utility Relocation
8/5/2002; 11:51 AM Bucher, Willis & Ratliff Corporation UTILsheet list.xls
City of Wylie
SH 78 Traffic Signal @ Spring Creek Parkway
Proposed Plan Sheets
Sheet No. Length Description
1 Title Sheet
2 Quantities
3 General Notes
4 Traffic Signal Summary
5,6 Traffic Signal Layout
7 Traffic Signal Operations
8 Traffic Sign &Striping Layout
9 Summary of Small Signs
Note, Page count may be reduced if TxDOT permits standard sheets from existing
contract to be referenced in lieu of reproduced.
8/5/2002; 11:51 AM Bucher, Willis & Ratliff Corporation UTILsheet list.xls
EXHIBIT"D"
FEE&LABOR SCHEDULE
City of Wylie,Texas
SH 78 Eubanks to Spring Creek Parkway
Section 1 -Preliminary Design(Paving,Drainage&Utilties)
Principal PM/Sr.Eng. Engineer Tech Admin. Total Hrs. Total Cost
Pre-work conference 4 4 1 9 $880
Collect Available Information from City 4 4 $340
Field reconnaissance inventory 4 4 8 $820
Photos of potential design cocems 2 1 3 $230
Prepare preliminary plans/design alternates 8 80 88 176 $13,480
Prepare preliminary drainage area map and calculations 8 16 8 32 $2,840
Prepare opinion of probable costs 2 8 1 11 $980
Prepare recommendations 1 2 4 4 1 12 $1,065
OA/OC 2 2 1 5 $630
Present 30%complete submital(5 sets) 4 4 8 2 18 $1,460
Coordinate field surveying data&review 6 6 6 2 20 $1,740
Review/incorporate 30%complete review comments 2 4 6 $580
0 $0
Subtotal Estimated Labor(Hrs.) 3 42 136 114 9 304
Hourly Salary Cost(Including 0/H and Profit) $165 $120 $85 $65 $60
SUBTOTAL SALARY.COSTS $495 $5,040 $11,560 $7,410 $540 $25,045
SUBTOTAL PRELIMINARY DESIGN PHASE SERVICES S25.045
Section 2-Design Phase(Paving,Drainage&Utilities)
Principal PM/Sr.Eng. Engineer Tech Admin. Total Hrs. Total Cost
Preliminary CADD-Cover Sheet-Location Map-General Notes 1 8 8 16 33 $2,280
Preliminary CADD-Horizotal Control 2 4 8 14 $1,100
Preliminary CADD-Typical Sections 2 8 8 18 $1,440
Preliminary CADD-Sanitary Sewer plan&profile(7 sheets) 7 24 28 59 $4,700
Preliminary CADD-Water plan&profile(7sheets) 7 21 28 56 $4,445
Preliminary CADD-Paving plan&profile(4 sheets) 8 40 40 88 $6,960
Drainage Area Map 2 6 12 20 $1,530
Preliminary CADD-Storm Drain plan&profile(4 sheet) 4 8 24 36 $2,720
Preliminary CADD-Details 1 4 10 15 $1,110
Preliminary CADD-Cross Sections(27 sheets) 8 16 32 56 $4,400
Review Existing Subsurface Investigation Report 2 1 3 $325
Incorporate survey data-adjust file settings 1 8 16 25 $1,840
Coordinate utilities/crossings 4 4 2 10 $940
Preliminary draft of specifications 4 8 8 20 $1,640
Prepare opinion of probable costs 2 8 8 2 20 $1,560
Field check preliminary plans 6 8 14 $1,400
ONOC 2 2 1 5 $630
Present 65%complete submital(5 sets) 4 8 8 2 22 $1,800
Review/incorporate 65%complete review comments 4 8 8 1 21 $1,740
Assist City in submitting plans to utility companies for review&comment(3 sets) 1 2 2 1 6 $480
Final Design-Cover Sheet-Location Map-General Notes 2 8 8 2 20 $1,560
Final Design-Horizotal Control 2 6 10 18 $1,400
Final Design-Typical Sections 1 4 6 11 $850
Final Design-Sanitary Sewer plan&profile(7 sheets) 8 28 32 68 $5,420
Final Design-Water plan&profile(7 sheets) 8 28 32 68 $5,420
Final Design-Paving plan&profile(4 sheets) 4 16 32 52 $3,920
Final Design-Drainage Area Map 1 8 8 17 $1,320
Final Design-Storm Drain plan&profile(4 sheet) 4 16 24 44 $3,400
Final Design-Details 2 8 16 26 $1,960
Final Design-Cross Sections(27 sheets) 8 16 32 56 $4,400
Prepare specifications with bid proposal 4 16 8 28 $2,320
Prepare opinion of probable costs 1 4 4 2 11 $840
Field check final plans 4 6 10 $990
ONOC 2 2 1 5 $630
Present 95%complete submital(5 sets) 4 8 8 1 21 $1,740
Review/incorporate 95%complete review comments 4 6 8 2 20 $1,630
Prepare final version of specifications 2 4 2 8 $700
Present 100%complete submital(5 sets) 4 8 1 13 $1,060
0 $0
Subtotal Estimated Labor(Hrs.) 4 137 376 468 52 1037
Hourly Salary Cost(Including 0/H and Profit) $165 $120 $85 $65 $60
SUBTOTAL SALARY COSTS $660 $16,440 $31,960 $30,420 $3,120 $82,600
SUBTOTAL DESIGN PHASE SERVICES S82,600
Bucher,Willis Ratliff Corporation Page 1 of 2 8/6/2002
Section 3-Advertising&Receiving Bids(Paving,Drainage&Utilities)
Principal PM/Sr.Eng. Engineer Tech Admin. Total Hrs. Total Cost
Coordinate final printing of Contract Documents 2 2 8 1 13 $990
Coordinate distribution of plans to contractors and plan rooms 0 $0
Attend/conduct with the City Pre-Bid Conference 0 $0
Tabulate Bids,analyze bids,make recommendation to the City 1 2 8 2 13 $1,205
Assist in preparing executeable contract documents(5 sets) 0 $0
Furnish plans and specifications for Contractor&City 0 $0
Attend/conduct with the City Pm-Construction Conference 4 6 2 12 $1,110
0 $0
Subtotal Estimated Labor(Hrs.) 1 8 16 8 5 38
Hourly Salary Cost(Including OM and Profit) $165 $120 $85 $65 $60
SUBTOTAL SALARY COSTS $165 $960 $1,360 $520 $300 $3,305
SUBTOTAL ADVERTISING&RECEIVING BIDS PHASE SERVICES S3.305
Section 4-CONSTRUCTION PHASE SERVICES(Paving,Drainage&Utilities)
Principal PM/Sr.Eng. Engineer Tech Admin. Total Hrs. Total Cost
Review construction procedures at the site(6 mo.Duration) 18 6 24 $2,520
Consult and advise with the City during construction 12 4 6 22 $2,170
Review shop and working drwaings furnished by Contractor 0 $0
Conduct a final review with City and Contractor 8 2 10 $1,080
Provide Record Drawings based on one set of mark-ups from the City/Contractor 8 8 60 76 $5,540
Submit drawings on cd in CADD format to City 1 8 9 $640
Submit drawings on cd in.tif format to City 1 8 9 $640
0 $0
Subtotal Estimated Labor(Hrs.) 0 48 12 82 8 150
Hourly Salary Cost(Including OM and Profit) $165 $120 $85 $65 $60
SUBTOTALSALARYCOSTS $0 $5,760 $1,020 $5,330 $480 $12,590
SUBTOTAL CONSTRUCTION PHASE SERVICES S12.590
SUMMARY OF BASIC SERVICES(Paving,Drainage&Utilities)
Preliminary Design Phase $25,045
Design Phase $82,600
Advertising&Receiving BidsPhase $3,305
Construction Phase $12,590
SUBTOTAL SUMMARY OF BASIC SERVICES $123,540
SPECIAL SERVICES
Paving&Utility Survey $14,950
Legal Descriptions&Exhibits(4 total) $4,600
Traffic Warrant Study $6,050
Traffic Signalization Plans $15,800
Traffic Construction Phase Services $3,800
Printing,Plotting,Reproduction $5,000
Office Expenses/Mileage/Miscellaneous $500
TxDOT Coordination Meeting with City(Once every two weeks)(10 meetings) $6,000
SUBTOTAL SPECIAL SERVICES S56,700
TOTAL PROFESSIONAL ENGINEERING SERVICES $180,240
Bucher,Willis Ratliff Corporation Page 2 of 2 8/6/2002
TRAFFIC SIGNALIZATION
DETAILED FEE SCHEDULE
BWR LABOR SUMMARY BWR EXPENSE SUMMARY
SCOPE OF SERVICES Principal- Project Senior Engineer Technician Survey Clerical Computer Mileage Meals Printing/ Postage/ Other
DESIGN PHASE in-Charge Manager Engineer Crew (hrs.) (mi.) (each) Copying Shipping
TASK 1-TRAFFIC SIGNAL DESIGN
Project Site visit and inventory data collection 4 240
Telephone Mtg With TxDOT Dist.Traffic Engineer t 2 2
Coordination with Electrical Utility 2 2 2
Review signal design data and prepare design concept 1 2 2
Traffic Signal Plans Preparation
Traffic Signal Summary-assume one(1)sheet 2 2 4
Traffic Signal Layout-assume two(2)sheets 1 t 4
Traffic Signal Operations-assume one(1)sheet 1 6 8
Traffic Sign and Striping Layout-assume one(1)sheet 1 2 8
Summary of Small Signs-assume one(1)sheet 1 1 4
Make final revisions as per 95%complete review 2 2 4 8
TASK 2-MISC.PS&E PREPARATION
Review Standard Plans and Specifications. 1 2
Perform Quantity Calculations 1 4
Perform Estimate for Construction Cost 1 6
Miscellaneous Plan Sheets
Title Sheet-one(1)sheet t 2
Summary of Quantities-assume one(1)sheet 1 2 2
General Notes-assume one(1)sheet 1 2 2
Make final revisions as per 95%complete review 2 2 4
Prepare Bid Documents 1 8 4
TASK 3-DES SUBMITTAL,REVIEW AND ADMIN
Meet with the City to discuss preliminary review comments. 4 1 6 1 240 1
Document and distribute meeting minutes.
Assemble and submit four(4)sets of revised preliminary plans 1 1 2 2 1 $ 40.00 $ 15.00
to the City for subsequent transmittal by the City to the TxDOT
95 percent complete review-Assemble and submit three(3) 1 1 2 2 1 $ 30.00 $ 15.00
sets of 11 x17 inch plans,three(3)copies of the opinion
of probable construction cost and three(3)sets of draft
special provisions.
Assemble and submit four(4)sets of complete plans 1 1 2 2 1 $ 40.00 $ 15.00
to the City for subsequent transmittal by the City to the TxDOT
Final PS&E Submittal-Assemble and submit to the City 1 1 1 2 $ 50.00
One(1)set of 11x17 inch signed and sealed mylar prints
Three(3)sets of 11x17 inch prints of the final plans
One(1)set of Sepcifications and Contract Documents
Three(3)copies of the opinion of probable construction cost
Design phase project administration
General Project Management and Communication 2
Quality Assurance/Quality Control 2 2 2
Monthly project report and billing(Assume six total) 2
14 7 13 8 0 4 0 240 1 160 45
UNIT TOTALS 2 20 25 66 56 0 10 0 480 1
UNIT RATES $ 165.00 $ 120.00 $ 120.00 $ 85.00 $ 65.00 $ 125.00 $ 45.00 $ - $ 0.37 $ 10.00
SUBTOTALS $ 330.00 $2,400.00 $3,000.00 $5,610.00 $3,640.00 $ - $ 450.00 $ - $ 175.20 $10.00 $160.00 $45.00 $ -
SUBTOTAL LABOR COSTS S 15,430.00 SUBTOTAL LABOR HOURS 179 SUBTOTAL EXPENSE COSTS S 390.20
SUBTOTAL DESIGN PHASE SERVICES FEE S 15,820.20
BWR LABOR SUMMARY BWR EXPENSE SUMMARY
SCOPE OF SERVICES Principal- Project Senior Engineer Technician Survey Clerical Computer Mileage Meals Printing/ Postage/ Other
DESIGN PHASE in-Charge Manager Engineer Crew (hrs.) (mi.) (each) Copying Shipping
TASK 4-BID PHASE SERVICES
Respond to questions from prospective bidders 2 4
Review bids received and recommend low bidder to the City 2 2
TASK 5-DESIGNER CONSTRUCTION PHASE SERVICES
Prepare Final Record Drawings 1 3 8 1) 8 $ 30.00 $ 15.00
TASK 6-CONSTRUCTION PHASE SERVICES
Construction Observation.Assume one visit per week 8 12 250 3
for three(3)weeks.
UNIT TOTALS 0 5 e 9 20 0 1 8 250 3
UNIT RATES $ 165.00 $ 120.00 $ 120.00 $ 85.00 $ 65.00 $ 125.00 $ 45.00 $ - $ 0.37 $ 10.00
SUBTOTALS $ - $ 600.00 $ 960.00 $ 765.00 $1,300.00 $ - $ 45.00 $ - $ 91.25 $30.00 $30.00 $15.00 $ -
SUBTOTAL LABOR COSTS $ 3,670.00 SUBTOTAL LABOR HOURS 43 SUBTOTAL EXPENSE COSTS $ 166.25
SUBTOTAL BID&CONSTRUCTION PHASE SERVICES FEE $ 3,836.25
TASK 7-TRAFFIC SIGNAL WARRANT ANALYSIS
24 Hour Tube Count 4
$ 40.00
12 Hour Tuming Movement Count 28 240 4
Aquire and Review Accident Data 4
Download and Review Data 4 1
Perform Intersection Capacity Analysis 4
Apply Data to Warrant Requirements 12 12
Write Analysis Report
UNIT TOTALS 0 0 24 4 41 0 0 0 240 4
UNIT RATES $ 165.00 $ 120.00 $ 120.00 $ 85.00 $ 65.00 $ 125.00 $ 45.00 $ - $ 0.37 $ 10.00
SUBTOTALS $ - $ - $2,880.00 $ 340.00 $2,665.00 $ - $ - $ - $ 87.60 $40.00 $ - $ - $40.00
SUBTOTAL LABOR COSTS $ 5,885.00 SUBTOTAL LABOR HOURS 69 SUBTOTAL EXPENSE COSTS $ 167.60
SUBTOTAL TRAFFIC SIGNAL WARRANT SERVICES FEE S 6,052.60
TOTAL FEE S 25,709.05
ESTIMATE FOR CITY OF WYLIE
SH 78 SURVEY
LABOR SUMMARY I DIRECT COST SUMMARY
R..UR1,Y..... �.
:::::::U. ::::::;
.................................... ...I<i.ATE,............�T. ......:'i'A9K
Principal $55.00 to $55,00 IPerDiem $24.000 4 $96.00
PM 1 RPLS $40.00 1a.0 $400.00 !Lodging $65.00 1 $65.Q0
Technician $23.50 24,0 $564,00 Mileage $0.37 250 $91.25
Deed Research Cleical $20.00 4.0 $80.00 'Printing/Copying $1.00 20
0
$200.00
'Other $ $0,00 i<
TOTAL LABOR THIS TASK 39 $1,099.00 TOTAL DIRECT COSTS THIS TASK $452.25
Principal $55.00 2.0 $110.00 Per Diem $24.000 18 $432.00
Project Manager $40.00 10.0 $400.00 Lodging $65.00 2 $130.00
Party Chief $23.50 32.0 $752.00 Mileage $0.45 250 $112.50
Field Survey Technician $20.00 32.0 $640.00 Printing/Copying $0.25 - $0.00
Other $ - $0.00
TOTAL LABOR THIS TASK 76 $1,902.00 TOTAL DIRECT COSTS THIS TASK $674.50
Principal $55.00 2.0 $11000 1PerDiem $24.000 - $0.00
PM/RPLS $40.00 12.0 $480.00 'Lodging $65.00 $0.00
Office Work for Technician $23.50 32.0 $752.00 'Mileage $0.37 $0.00
I)TMlI OPO Line Clerical $20.00 4.0 $80,00 Printing/Copying $0.25 - $0.00
Work and ROW Map 'Other $ 100 $100.00
•
TOTAL LABOR THIS TASK ( 50 I $1,422,00 ; TOTAL DIRECT COSTS THIS TASK I $100.00
TOTAL LABOR COSTS $4,423.00 TOTAL DIRECT COSTS $1,226.75
OVERHEAD(170%) $7,519.10
TOTAL LABOR&OVERHEAD $11,942.10
PROFIT(15%) $1,791.32
TOTAL $13,733.42
DIRECT COSTS TOTAL $1,226.75
TOTAL $14,960.17
ESTIMATE FOR CITY OF WYLIE
SH 78 SURVEY
Per Parcel
LABOR SUMMARY I DIRECT COST SUMMARYOURT<Y n::: TOTAL:::::::::::::::: ::U1�1T:::::::::I<T
�CCt �1TY;7TASI�i ; P'�SI3'1C'?i�T.:.:.:. .:.. I:]RS::::: .:.:.:.. :.::::.:.::.:.:.:.:.:.:.. . E11� ,.::.:.�'Q`
l`ASI�.:::::::::::::::: :: :: ::::::::::::: :::RAT :::::::;;U. :: y
Principal $55.00 0.5 $27.50 Per Diem $24.000 2 $48.00
PM/RPLS $40.00 1.0 $40.00 Lodging $65.00 1 $65.00
ROW Acquisition Party Chief $23.50 4.0 $94.00 Mileage $0.35 140 $48.30
Technician $20.00 4.0 $80.00 Printing/Copying
Work(Legal Work $1.00 10 $10.00
and Exhibits) Clerical $20.00 2.0 $40.00 Other $ 100 $100.00
TOTAL LABOR THIS TASK I 11.5 I $281.50 j TOTAL DIRECT COSTS THIS TASK $271.30
TOTAL LABOR COSTS $281.50 TOTAL DIRECT COSTS $271.30
OVERHEAD(170%) $478.55
TOTAL LABOR&OVERHEAD $760.05
PROFIT(15%) $114.01
TOTAL $874.06
DIRECT COSTS TOTAL $271.30
TOTAL ,$1145.36
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NO.
SPEED ZONE ORDINANCE
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS
ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF
TRANSPORTATION CODE, SECTION 545.356 UPON
HIGHWAY NO. OR PARTS THEREOF, WITHIN THE
INCORPORATE LIMITS OF THE CITY OF , AS SET OUT
IN THISORDINANCE; AND PROVIDING A PENALTY OF A FINE
NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS
ORDINANCE.
WHEREAS, Section 169 (b) of Article 6701 d, Vernon's Texas Civil Statutes,
provides that whenever the governing body of the City shall determine upon the basis of
an engineering and traffic investigation that any prima facie speed therein set forth is
greater or less than is reasonable or safe under the conditions found to exist at any
intersection or other place or upon any part of a street or highway within the City, taking
into consideration the width and condition of the pavement and other circumstances on
such portion of said street or highway, as well as the usual traffic thereon, said governing
body may determine and declare a reasonable and safe prima facie speed limit thereat or
thereon by the passage of an ordinance, which shall be effective when appropriate signs
giving notice thereof are erected at such intersection or other place or part of the street or
highway; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF , TEXAS:
SECTION 1.
Upon the basis of an engineering and traffic investigation heretofore made as
authorized by the provisions of Transportation Code, Section 545.356, the following
prima facie speed limits hereafter indicated for vehicles are hereby determined and
declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of
speed indicated for vehicles traveling upon the named streets and highways, or parts
thereof, described as follows:
A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
, TEXAS:
1. That from and after the date of the passage of this speed speed zone
ordinance, no motor vehicle shall be operated along and upon
Highway No. within the corporate limits of
the City of in excess of the speeds now set forth in the
following limits:
2
SECTION 2.
The Mayor of is hereby authorized to cause to be erected,
appropriate signs indicating such speed zones.
SECTION 3.
Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any
sum not to exceed Two Hundred Dollars ($200.00).
PASSED AND APPROVED THIS _DAY OF , A.D., 19
Mayor
City of Texas
3
Attest:
City Secretary
City of Texas
APPROVED AS TO LEGAL FORM: APPROVED:
City Attorney City Manager
City of Texas City of Texas
1, , City secretary of the City of , Texas, hereby certify that
the above and foregoing is a true and correct copy of Ordinance No. adopted
by the City Council of the City of , Texas, , A.D., 19_.
To certify which, witness my hand and seal of office this day of
, A.D., 19_.
City Secretary
City of Texas
CITY OF WYLIE, TEXAS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS
ESTABLISHING THE MAXIMUM SPEED LIMIT ON FM 3412
PROCEEDING FROM FM 1378 TO SH 78, WITH SUCH STREEET
BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN
COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE
MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND
MARKERS TO REGULATE VEHICULAR SPEED ON THE
DESIGNATED STREET;PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, Section 545.356 of the Texas Transportation Code provides that
whenever the governing body of the municipality shall determine upon the basis of an
engineering and traffic investigation that any prima facie speed therein set forth is greater
or less than is reasonable or prudent under the conditions found to exist at any intersection
or other place or upon any part of a street or highway within the City of Wylie, Texas,
taking into consideration the width and condition of the pavement and other circumstances
on such portion of said street or highway, as well as the usual traffic thereon, said
governing body may determine and declare a reasonable and prudent prima facie speed
limit thereon by the passage of an ordinance, which shall be effective when appropriate
signs giving notice thereof are erected at such intersection or other place or part of the
street or highway; and
WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") finds it is
necessary for the protection and safety for the citizens of Wylie to declare a reasonable
and prudent speed for FM 2514 proceeding from FM 1378 to SH 78.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Establishment of Prima Facie Speed. Upon basis of an
engineering and traffic investigation heretofore made, and as authorized by the
provisions of§545.356 of the Texas Transportation Code, the prima facie speed
limit for FM 3412 proceeding from FM 1378 to SH 78 shall be as indicated on the
attached display.
ORDINANCE ESTABLISHING SPEED LIMIT -Page 1
C:\projects\misc\FM 3412 speed zone ordinance.doc
SECTION 3: Placement of Signs. The City Manager or his/her designated
representative is hereby authorized and directed to cause the placement of signs on
FM 3412 proceeding from FM 1378 to SH 78 indicating the maximum speed
allowed. The signs shall be placed at the most advantageous points to be
conspicuous to approaching vehicular traffic. The sign shall be permanently
affixed to a stationery post or installed on permanent buildings or walls or as
approved by the City Manager or his/her designated representative. The sign shall
in no way be obstructed from view, and shall comply with applicable state laws.
SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor
shall the repeal prevent a prosecution from being commenced for any violation if occurring
prior to the repeal of the ordinance. Any remaining portions of said ordinances shall
remain in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Wylie hereby declares that it would have passed this
Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
SECTION 6: Penalty Provision. Any person violating this Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not
less than One Dollar($1.00) nor more than Two Hundred Dollars ($200.00). Wylie
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 7: Effective Date. This Ordinance shall be effective upon its passage
and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, on this day of , 2002.
JOHN MONDY, Mayor
ATTESTED AND CORRECTLY
ORDINANCE ESTABLISHING SPEED LIMIT -Page 2
C:\projects\misc\FM 3412 speed zone ordinance.doc
RECORDED:
BARBARA SALINAS, City Secretary
Date of Publication:
ORDINANCE ESTABLISHING SPEED LIMIT -Page 3
C:\projects\misc\FM 3412 speed zone ordinance.doc