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08-25-1987 (City Council) Agenda Packet AGENDA REGULAR MEETING, CITY COUNCIL CITY OF WYLIE, TEXAS AUGUST 25, 1987 7 :00 P. M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS CONSENT AGENDA The following items are to be considered as one item. The Council may move, by motion and second, to approve or reject all items contained within. Any Councilmember may request that an item or items be pulled from the Consent Agenda and considered separately. If such a request is made, those items will occur in numerical order immediately following the vote on the Consent Agenda. 1 1-8 Consider approval of minutes. 2 Oral-Council Consider approval of naming 4th baseball field--Rudy Rowell Field. 3 Oral-Council Consider approval of installation of memorial plaque at Rudy Rowell Field. 4 9-12 Consider acceptance of Sanitary Sewer Easement from Myran Corporation for Woodlake Village Subdivision. 5 13 Consider oversizing reimbursement of $2 ,651 .60 (Oaks - Rush Creek Sewer Line Extention) to Spence Construction. (Impact Fund) PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 6 14-15 Consider ordinance imposing the additional penalty established in Section 33 .07 of the Texas Property Tax Code upon delinquent taxes. 7 16-17 Consider ordianance prohibiting parking on J. W. Akin Lane between Masters and Stone Road. CITY COUNCIL MEETING MINUTES AUGUST 11, 1987 7: 00 P.M. The Wylie City Council met in regular session on Tuesday, August 11, 1987 at 7 : 00 P .M. in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan , Council Members Calvin Westerhof, John Akin, Kent Crane, Marvin Blakey, and Chris DiTota , Acting City Manager James Johnson, City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires, Acting Public Works Director Don White, Chief of Police Royce Abbott, City Attorney Robert Dillard . Mayor Trimble called the meeting to order and Mayor Pro Tem Donovan gave the invocation. APPROVAL OF MINUTES: The minutes being submitted are for the July 28th, August 1st , and August 4 , 1987 Council meetings . Councilman Akin pointed out that in the Parks and Recreation minutes , the sidewalk was not put in for trucks to us , it is only about 2" thick and was put in for walking between the ball fields and the parking lot . Motion was made by Councilman Westerhof to approve the minutes as submitted . Seconded by Councilman DiTota . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF FINAL PLAT FOR WOODLAKE VILLAGE: Code Enforcement Officer Roy Faires stated this was the final plat for construction for Woodlake Village. This property surrounds the new Municipal Complex . The Planning and Zoning Commission voted unanimously to recommend approval for construction to the Council . Motion was made by Councilman Akin to approve the final plat for construction for Woodlake Village . Seconded by Councilman Blakey. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor. APPROVAL OF PRELIMINARY PLAT FOR WESTGATE INDUSTRIAL PARK: Code Enforcement Officer Roy Faires stated this was a preliminary plat for Westgate Industrial Park, this plat is dividing this area into two lots one on either side of Westgate Drive. Planning and Zoning Commission voted unanimously to recommend this plat to the Council for approval . Motion was made by Councilman Akin to approve the preliminary plat for Westgate Industrial Park. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor. This motion carried with all in favor . PUBLIC HEARING ON THE REQUEST FOR ZONING FOR LOTS 1-6 , N 1/2 OF 7 ,8 , & 9 OF BLOCK 28 RAILROAD ADDITION: Code Enforcement Officer Roy Faires stated that this property is located across from the Wylie Cemetery and the owners have requested a Planned Development Zoning . Mayor Trimble opened the public hearing. The Allen' s have requested a Planned 1 Development and the land is to be used for a Funeral Home. A Planned Development requires at least five (5) acres and this is tract is not five acres . The Aliens have gone before the Zoning Board of Adjustments and have received a variance allowing this Planned Development without the five acres. Planning and Zoning has heard this case and voted unanimously to recommend this zoning request to the Council for approval . Councilman DiTota asked if parking would be allowed on Fifth Street . Mr . Faires stated there was adequate parking on the lot , but Council can put no parking on Fifth Street and Akin Lane if you so desire . Mr . Brian Chaney, Chairman of Planning and Zoning stated that Planning and Zoning thought this to be a very good use for the area and all responses received from the letter sent out were in favor of this . Planning and Zoning also thought this would relieve some of the traffic in the downtown area. There being no other questions , Mayor Trimble closed the public hearing . APPROVAL OF ZONING REQUESTED FOR PLANNED DEVELOPMENT FOR LOTS 1-6 , N. 1/2 OF 7, 8, & 9 BLOCK 28 RAILROAD ADDITION: This Planned Development has been requested in order to build a Funeral Home and it is located across from the Wylie Cemetery. Motion was made by Councilman Westerhof to approve the Planned Development for a Funeral Home with no parking on Fifth Street and Akin Lane . Seconded by Mayor Pro Tem Donovan. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor . and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO IMPACT FEE ORDINANCE: City Manager James Johnson stated that during the recent completed regular session of the Texas legislature, the Senate and House of Representatives , unanimously approved the S.B. 336 . This bill sets forth numerous requirements that must be met in the development phase of a city that calculates impact fees. The Planning and Zoning Commission has received this amendment and has voted unanimously to recommend it to Council for approval. Motion was made by Councilman Akin to approve the amendment to the Impact Fee Ordinance . Seconded by Councilman Westerhof. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF AN ORDINANCE CREATING COTTONWOOD CREEK LIFT STATION DISTRICT AND ESTABLISHING THE BOUNDARIES AND SETTING FEES: City Manager James Johnson stated that this ordinance has been reviewed by CH2M Hill . Councilman DiTota wanted to know if the fee would be figured on the number of units or by acreage. Code Enforcement Officer Roy Faires stated it is figured on which ever is the greater number. Councilman Akin wanted to know if this fee will cover all trunk lines and other chargers. City Manager James Johnson said yes , based on CH2M Hill ' s calculations . Councilman Akin wanted to know if Council or City Staff would have to acquire the easements . City Manager James Johnson said no , that the Ordinance the Council passed a few months ago changed and the acquiring of easements to the developer . Councilman Akin wanted to know if this was going to create another pumping for the City. City Manager James Johnson said the Council has said no more pumping. Motion was made by Councilman DiTota to approve the Ordinance creating the Cottonwood Lift Station District . Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - against , Councilman Westerhof - in favor , Councilman DiTota 2 - in favor, Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with six (6) in favor, and one (1) against . PRESENTATION BY CHARLES BINFORD, FINANCE CONSULTANTS ON THE UTILITY RATE STUDY FOR CITY OF WYLIE: Mr . Binford stated to the Council that he would made his presentation on this rate study and after the Council has had time to review it and study it , if Council wanted , he would be available to come back to another meeting for questions. Mr. Binford stated that this study was to include a determination as to whether water and sewer rates should be adjusted in order to: 1 . provide sufficient coverage for debt service on outstanding revenue bonds; 2 . finance other direct and indirect costs of the Utility Enterprise Fund; and 3 . provide sufficient revenue to cover costs resulting from the proposed issue of additional debt by either the city or the North Texas Municipal Water District to finance mandated improvements to the water and wastewater system. Texas Water Commission has made a list of improvements that the City has to do to their existing wastewater treatment plant and the main question is how to finance these improvements . Some of this cost will come from the impact fees and some from the bonds at North Texas Municipal Water District . How will the City finance the balance . If Council increases the water and sewer rates , then the Utility Fund revenues will be enough to cover the bond debt for the next five years provided that the growth rate holds . The water and sewer funds on your current rates are just breaking even and there is no room for improvements . This one year net loss is not reason enough to warrant increases but there are two problems, 1 . cash flow - Utility Fund, 2 . net loss projection would mean the City could not issue bonds in the next fiscal year. Mr . Binford then addressed the City' s impact fees and the new S.B.336 and stated that the City was trying to comply by the actions of amending the Impact Fee Ordinance . Even with this increase, there is still not enough funds in the Impact Fund and Lift Station District Fund to fund the entire program of improvements . Mr . Binford stated in summary that the City of Wylie does not presently charge a penalty for late payment of utility bills . Mr . Binford recommended that a 10% penalty be applied to all monthly bills not paid by the 16th day from date of billing. This is suggested primarily as a means of encouraging prompt payment but will add additional revenues of about $15 ,000 . Also, the City has adopted an Industrial Waste Ordinance and I encourage enforcement of this ordinance. I also recommend that the City proceed with a plan to comply with the new S.B. 336 in regards to your impact fees. The City should consider increasing your water and sewer tap fees approximately 50% . The City should also talk with North Texas Municipal Water District about the interest earned on the investment of proceeds from the proposed bond issue. These earnings could be a significant amount during the construction period and if applied to annual principal and interest payments on the bonds , the City' s obligation to NTMWD could be reduced accordingly. Mr . Binford than thank the Council for the opportunity to be of service to the City of Wylie and if at a later date the Council had questions , he would be glad to come to another meeting . Councilman Ditotal wanted to know if the City increased the tap fees , where would this rate us . Mr . Binford said in the top range. Mayor Trimble suggested that the Council take this study home and review it and then there would be a work session. 3 CITIZEN PARTICIPATION: Mayor Trimble invited anyone that wanted to speak to the Council to come forward, state their name and address and keep their comments to within two minutes . There was no one at this time. COUNCIL DISCUSSION: Councilman Akin wanted a report on the house in Rustic Oaks that was brought before Council regarding the yard not being kept. Mr . Faires said this house had been sold . Councilman Akin stated that the Council and city staff determined the need for this fourth ball field and took action on the improvements to this field. The Public Works Department did most of these improvements , but at the dedication of this field, there was no mention of what the City or their crews had done. Did Council take action on the naming of this field and did the Council put the plaque up on the field. Councilman Akin also wanted to know if the City had an ordinance on the junk yards where they were moving out to. Mr. Faires said yes , and the staff was working on them. Councilman Westerhof stated that he understood that Hardcast was interested in the old water tower behind the police station. This needs to be check into. Also would like to see the Chief of Police send letters to Texas Department of Public Safety and to Collin County Sheriffs Department in regards to using some of the space in the new municipal complex, in the future receive some fees for using part of the building . Councilman Westerhof also wanted to see a complete analysis of the cases going before the current judge and review him on the next agenda in executive session. City Secretary Carolyn Jones reminded Council of their meeting at 7 : 00 P .M. on August 20th, with Collin County to discuss the improvements for FM544 , Highway 78 and 88 bond package. Also about their Thursday night dinner at Southfork with Region 13 , Texas Municipal League. Mayor Pro Tem Donovan stated she has received a letter from the artist on the logo change . Mayor Pro Tem Donovan also stated that because of the no smoking ordinance, one Councilmember and one staff member had quit smoking . Mayor Trimble said the areas in the new complex have already been designated in the floor plans but if there is space available Mr. Hoagland has asked if the JP could use some of this area . Also the Chamber of Commerce has requested to be a part of this building. Mayor Trimble appointed Councilman Westerhof and Code Enforcement Officer Mr . Faires and himself to serve on this committee to study the floor plans . APPROVAL AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR NEWPORT HARBOR AND APPROVAL FOR OVERSIZING REIMBURSEMENT: Code Enforcement Officer Mr . Roy Faires stated that this property is located on FM 1378 and all fees have been paid. This projected has been inspected by the City Staff and it is recommended for approval. The amount of reimbursement for oversizing is $93 ,420 .30 and will come from Impact Fund . Councilman Akin wanted to know if there was any way to recover this oversizing reimbursement . Mayor Trimble said yes through Impact Fees . Motion was made by Mayor Pro Tem Donovan to approve and accept the public improvements for Newport Harbor and to approve the oversizing reimbursement in the amount of $93 ,420 .30 . Seconded by Councilman Akin . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor. This motion carried with all in favor. 4 APPROVAL OF CONSTRUCTION DRAW #9 TO SPEED FAB-CRETE CORP: This draw is in the amount of $224 ,699 .64 and is recommended for approval. Motion was made by Councilman Westerhof to approve the construction draw #9 in the amount of $224 ,699 .64 . Seconded by Mayor Pro Tem Donovan. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF FINAL PAYMENT TO TIM DAWSON CONSTRUCTION FOR COMPLETED WORK ON NORTEX GROUND STORAGE: This final payment is in the amount of $18 ,527 .30 and will come from the Impact Fund. City Manager James Johnson stated that staff recommends approval of this payment. There is a telemeter system to be bought and installed at NTMWD and the staff is working with NTMWD on this. Motion was made by Councilman Blakey to approve the final payment to Tim Dawson Construction in the amount of $18 ,527 . 30 . Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor . Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor. APPROVAL OF DRAW #1 OF $100 ,000 .00 ON WORKING LINE OF CREDIT WITH FIRST STATE BANK: City Manager James Johnson stated at the last Council meeting , I requested a $200 ,000 . line of credit with First State Bank. This was granted by the Council . The City Auditors have prepared at my request an anticipated cash flow for the City which reflects a shortage in the General and Utility Funds . City Manager James Johnson said he expected Utility to pick up some this month, but not enough to recover . Councilman Akin wanted to know if the City borrows now, and taxes do not come in during October and December , will we have to borrow again. City Manager James Johnson said if taxes do not come, the City may have to borrow again. Motion was made by Councilman Westerhof to approve draw #1 in the amount of $100 ,000 . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - against , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - against , and Councilman Blakey - in favor . This motion carried with five (5) in favor and two (2) against . Mayor Trimble recessed the regular meeting and convened Council into executive session at 8: 50 P .M. under the authority of Article 6252-17 , V.A.C.S . , Section 2 paragraph "e" , legal matters relating to consultation with City Attorney on City of Wylie Landfill , and paragraph "e" legal matters relating to consultation with City Attorney on East Fork Water Supply Corp. and paragraph "g" personnel matters - review of city Manager applicants . Mayor Trimble reconvened the Council into open session at 10 : 35 P .M. LANDFILL: After discussion with the City Attorney, a motion was made by Councilman Westerhof to obtain the services of Gardere and Wynne . Seconded by Mayor Pro Tem Donovan . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor. This motion carried with all in favor. EAST FORK WATER SUPPLY CORP: No action taken on this matter . 5 REVIEW OF CITY MANAGER APPLICANTS: Motion was made by Councilman Blakey to offer the position of City Manager to Mr. John Pitstick. Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . There being no other business , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary 6 CALLED CITY COUNCIL MEETING - MINUTES AUGUST 20 , 1987 7:00 P. M. The Wylie City Council met in a called session on Thursday, August 20, 1987 at 7 : 00 P. M. in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Council Members John Akin, Calvin Westerhof, Marvin Blakey, Kent Crane and Chris DiTota, Acting City Manager James Johnson, City Secretary Carolyn Jones , Acting Public Works Director Don White, Ron Homeyer from Engineering Department and Mr . John Pitstick, City Manager, Jerry Hoagland, Rubin Delgado, Dennis Burns from Collin County. Mayor Pro Tem Donovan was absent . Mayor Trimble called the meeting to order and Councilman Blakey gave the invocation . APPROVAL OF TAX INCREASE AND SETTING OF TAX PUBLIC HEARING DATE: City Secretary/Tax Assessor/Collector Carolyn Jones stated that the effective tax rate is $ .4307 per $100 .00 valuation. This figure is arrived at by using the form and formula from the State Property Tax Board. This effective tax rate must be published in the local newspaper . City Manager James Johnson stated in order to take care of the deficit from this year and have an operating budget next year the tax rate should be around $ .57 per $100 .00 valuation. Motion was made by Councilman Westerhof to approve the tax increase and set the public hearing tax date for September 14, 1987 . Seconded by Councilman Crane. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - absent , Councilman Akin - in favor, Councilman Westerhof - in favor, Councilman Ditota - in favor , Councilman Crane - in favor and Councilman Blakey - in favor . This motion carried with all in favor . Mayor Trimble recessed the called session and convened Council into a work shop with the Collin County representatives . FM544 REALLOCATION/REALIGNMENT: Mr . Dennis Burns from Collin County presented the Council with four (4) different alternatives to the realignment of FM 544 from Birmingham Street to Ballard Street as follows : lA 1B 2A 2B Construction Cost 192 ,472 . 285,098 . 197 ,742 . 285 ,098 . R-O-W COST 295 ,068 . 393 ,303 . 384 , 890 . 436 ,358 . In these realignments, lA and 2A are 70 ' R-O-W, 4 - 12 ft . lanes and 1B and 2B are 110 ' R-O-W and 6 - 12 ft . lanes . There was also discussion on the feasibility of moving FM 544 to come down Sanden Blvd . (commonly known as Hensley Rd . ) crossing Highway 78 and intersecting with the proposed Alanis Road . The problem with this is the difference of grade between the Railroad tracks and Highway 78 . Mr . Jerry Hoagland suggested that the County spend $5 ,000 .00 and do a study on this area on the best place to cross Highway 78 . After much discussion it was the consensus of the Council to do the study from FM 544 crossing Highway 78 and connect up with Alanis at some point if possible. Mr . Hoagland said it would take about 45 days for this study to be completed . Council does need to go ahead and start working on acquiring the easement from the B. C. Wood property. 7 SPRING CREEK PARKWAY: After some discussion , it was noted that Council needed to decide on the placement of this parkway and move forward either with the money from the 83 bond issue or put this on the 88 bond package. There is a problem with drainage at the point of Paul Wilson Road and the dirt road (commonly known as Dog Drop Rd . ) . There will need to be box culverts in this area and there will be an approximate cost of $100 ,000 .00 . Council can place assessments on property owners for thoroughfares as long as you have established an ordinance for it . STATE HIGHWAY 78 IMPROVEMENTS: City Manager James Johnson stated that he had taken the realignment proposal back to the State Highway Department and requested that the center line be shifted to the west of Hwy. 78 in order to save the business district along the east side of Hwy. 78 . As of this date I have not heard from them. Jerry Hoagland suggested that the Council meet with Mr . Arnold Oliver who is over this area in regards to moving up the improvement date for this highway project . There being no other matters of business, Mayor Trimble called for a motion to adjourn . Motion to adjourn was made with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary 8 SANITARY SEWER EASEMENT STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENTS: That MYRAN CORPORATION, a Texas Corporation, in consideration of the sum of One Dollar Cash in hand paid by the City of Wylie, Texas, the receipt of which is acknowledged, and the further consideration of the benefits to be derived by grantors on the account of the construction, reconstruction and maintenance by the City of Wylie of the sanitary sewer lines in and through the hereinafter described premises, do hereby give and grant to the City of Wylie, a municipal corporation of Collin County, Texas, the sanitary sewer lines together with all necessary laterals in, upon and across the following described property: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES TO HAVE AND TO HOLD the same perpetually unto the City of Wylie, and its successors, together with the right and privilege at all times to enter said premises, or any part thereof, for the purpose of con- structing, reconstructing, and maintaining said sanitary sewer lines, and for making connections therewith. And the grantee shall have the right to construct, reconstruct and perpetually maintain additional sewer lines at all times in the future within the above described boun- daries. All upon the condition that the City of Wylie will at all times, after doing any work in connection with the construction, reconstruction or repair of said sanitary sewer lines, or any lateral or appurtenance thereof, restore said premises to the condition in which they found before such work was undertaken, and that in the use of the rights and privileges herein granted, the City of Wylie will not create a nuisance or do any act that will be detrimental to said premises. WITNESS my hand this Irihs day of August, 1987. MYRAN CORPORATION C. T. Beckham, President STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared C. T. BECKHAM, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said MYRAN CORPORATION, and that he executed the same as the act of such Corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 7day of August, A.D., 1987. Notary Public in and for ante of Texas My Commission Expires: 31 // dp 3 7 Printed Name: e ST�!!i A.J, 6.. 9 CERTIFICATE OF ACCEPTANCE ACCEPTED FOR THE CITY OF WYLIE, TEXAS, this the day of , 1987. CITY OF WYLIE, TEXAS CHARLES T. TRIMBLE, Mayor ATTEST: CAROLYN JONES, City Secretary Date 10 EXHIBIT "A" FIELD NOTE DESCRIPTION - 10 FOOT SANITARY SEWER EASEMENT BEING a 10 foot strip of land situated in the Francisco de la Pina Survey Abstract No. 688 in the City of Wylie, Collin County, Texas and being a portion of a 109.06 acre tract of land as described in a Warranty Deed to Myran Corporation as recorded in Volume 1853 Page 537 of the Deed Records of Collin County, Texas (DRCCT) said 10 foot strip of land being more particularly described as follows: BEGINNING at the northeast corner of Lot 1 Block A of Wyndham Estates, Phase I an addition to the City of Wylie, according to the plat recorded in Cabinet 'E', Page 101 of the Plat Records of Collin County, Texas (PRCCT), and being in the west right-of-way line of Kreymer Lane (60 feet wide); THENCE departing the west right-of-way line of said Kreymer Lane and following the north line of said Lot 1 Block A, WEST a distance of 10.00 feet to the beginning of a non tangent curve to the left from which the radius point bears South 89°54'53" West a distance of 410.00 feet to a point for corner; THENCE departing the north line of said Lot 1 Block A and following a line lying 10 feet west and parallel to the west right-of-way line of said Kreymer Lane as follows: Northwesterly along said non-tangent curve to the left through a central angle of 32°23'26" for an arc length of 231.78 feet to the beginning of a curve to the right from which the radius point bears North 57°31'27" East a distance of 490.00 feet; Northwesterly along said curve to the right through a central angle of 32°28'33" for an arc length of 277.74 feet to a point at the end of said curve in the south right-of-way line of State Highway No. 78 (variable width). THENCE following the south right-of-way line of said State Highway No. 78 EAST a distance of 10.00 feet to the point of intersection of the south right-of-way line of said State Highway No. 78 with the west right-of-way line of said Kreymer Land and being the beginning of a non-tangent curve to the left from which the radius point bears EAST a distance of 480.00 feet; THENCE following the west line of said Kreymer Lane as follows: Southeasterly along said non-tangent curve to the left through a central angle of 32°28'33" for an arc length of 272.07 feet to the beginning of a curve to the right from which the radius point bears South 57°31'27" West a distance of 420.00 feet; Southeasterly along said curve to the right through a central angle of 32°23'33" for an arc length of 237.45 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 5,095 square feet of land more or less, and being subject to easements of record. P,� ,•OFA. • t.. B. J. ELAM .a. 4581 Gt9••QISTEP JG,{b l C $t1R V 1/ 11 EXHIBIT "B" ...... f gill I lin pm, 0 IN I , I . . ,• ., . . lir o -- linloot• t'4too' LOCATION MAP 1 . 1 __ STATE HIGHWAY 78 (variable width1 EAST 10.001 RADIAL BEARING — __ __EAST d =32°28'33" R at 490.00' d =32°28' 3" T = 142.71' R a 480.00 L = 277. 74' T a 139.80' L =272.07' Sanitary Sewer Easement 3,093 sq.ft. E 4,1bi r ,-I Ni, 686 7. m� j%3% 2 AR"; (, Myron Corporation Vol. 1853,Py.537 A pi NA 7URvar r \ 411. rR P% o3.,risc0 *2:1 \ d =3223'33" %g 4� R •420.09' O T =12/.99 =237.45' A = 32°23'26' R =4/0.00' T =119.08' L i 23/.78' POINT OF __ RADIAL QEAfING / 'BEGINNING _S.89 54 53 W. , - WE T I 1O.00' io V8 1 :g w ' 2 Wyndham Estates,Phase I Cab. E,Pg.101 • 7 k 3 `3 0, 1 I I City of Wylie.Collin County,Texas e Scale: l"•too' Dote: Noy 1e67 U) Checked by : SANITARY SEWER PAWA•Winkelmann N N Drown by' Jim O. Gloss Flue: Book' EASEMENT EXHIBIT \ & Associate!, Inc. Project No. 429-04-$201 waiwrr.wn�+�rw�..•wr.� w.wwr 12 lee 5 1.;. 544 Wylie, Texas 75099, . -P- 4645 • SOLO TO City of Wylie _- SHIPPED TO '_Zu sh Creek & Oaks Public Works, engineering Dept. STREETS NO_ P.C. Box 428 STREET&NO. CITY Wylie, Texas 75098 CITY ATT: : Mr. Santry CUSTOMER'S ORDER SALESMAN TERMS VIA F O.B. DATE 4-14-86 The over sizing on the off site lush Creekanitary_- sewer line is as follows:160' 8" Ductile iron pipe at `',8.31 per ft. ;l,329.60 160' 10" Duct .l _ _e iron- Flee. at ''12s38 Per ft.-- ------------ , 2 Difference: b . 660' 8" Sewer line cost 1.98 per ft. 1,306.80 660' 10" Sewer line cost 13. 12 per ft. . 2,950.20 Difference: 7.40 s. One (1) man hole 1,20D.00 Total amount due from City: 1'2 ,65,1.60 . i - do( Harold S1 • FZ F 4 - rot: IhNl''�"" INVOICE 714 736 13 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, IMPOSING THE ADDITIONAL PENALTY ESTABLISHED IN SECTION 33.07 OF THE TEXAS PROPERTY TAX CODE UPON DELINQUENT TAXES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That all ad valorem taxes shall become due and payable on October 1 of each tax year and all ad valorem taxes for such year shall be delinquent after January 31 of the following year. There shall be no discount for payment of taxes prior to said January 31. If any person fails to pay the ad valorem taxes on or before the 31st of January aforesaid, there shall accrue interest as provided by the Texas Property Tax Code. If any person fails to pay the ad valorem taxes on or before said date, penalties in addition to interest shall also accrue in accordance with Section 33. 01 of the Texas Property Tax Code. SECTION 2. In addition to the other penalties and interest authorized by law or levied under this ordinance, a tax that remains delinquent on July 1 of the year in which it becomes delinquent incurs an additional penalty of fifteen percent (15%) of the amount of taxes, penalty and interest due in order to defray costs of collection. The City may contract with a private attorney or law firm for collection pursuant to Section 6. 30 of the Texas Property Tax Code. In such instance, the additional fifteen percent (15%) penalty shall be paid to such private attorney or law firm in accordance with the terms of said contract. SECTION 3. That the Tax Assessor/Collector of the City of Wylie shall deliver a notice of delinquency and of the penalty imposed herein to the property owner at least thirty (30) and not more than sixty (60) days before July 1 of the year in which the tax becomes delinquent. SECTION 4. That this Ordinance shall take effect immediately from and after its passage as the law in such cases provide. DULY PASSED by the City Council of the City of Wylie, Texas, AN ORDINANCE OF THE CITY OF WYLIE, TEXAS - PAGE 1 14 this day of , 1987. APPROVED: MAYOR APPROVED AS TO FORM: DULY RECORDED: CITY ATTORNEY CITY SECRETARY AN ORDINANCE OF THE CITY OF WYLIE, TEXAS - PAGE 2 15 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE NO. 84-65 , PROHIBITING PARKING ON DESIGNATED STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE: PROVIDING FOR A PENALTY, PROVIDING FOR PUBLICATION OF THE CAPTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to ensure to the people of the City of Wylie maximum use and benefits of the public streets of the City and yet retaining the maximum degree of safety to prevent injury to persons and property, it is deemed necessary to prescribe regulations controlling both vehicular and pedestrian traffic; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: ARTICLE 1. DESIGNATION "NO PARKING" SECTION 1 . AKIN LANE BETWEEN MASTERS AND STONE ROAD There shall be no parking at any time designated on Akin Lane between Masters and Stone Road on both sides of the streets. That "No Parking" signs shall be installed on both sides of Akin Lane between Masters and Stone Road. ARTICLE 2. PENALTY Penalty. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor , and upon conviction, shall be subject to a fine of not more than that established by Texas State Law. Each day the violation continues shall be considered a separate offense . ARTICLE 3 . SEVERABILITY: It is hereby declared to be the intention of the City Council that should the sections , paragraphs , sentences , clauses , and phrases of this Ordinance be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences , paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of unconstitutional or invalid phrases, clauses , sentences , paragraphs , or sections . ARTICLE 4. EFFECTIVE DATE This ordinance shall become effective immediately upon approval and passage by the City Council of the City of Wylie and upon publication of the 16 caption in the Wylie News , official newspaper of the City of Wylie . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE ON THIS THE 25TH DAY OF AUGUST, 1987 . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary 17 TO: MAYOR & CITY COUNCIL FROM: JAMES JOHNSON RE: LAKE RAY HUBB MOBILE HOME PARK DATE: AUGUST 21, 1987 The attached correspondence included to further update you with the events surrounding the Lake Ray Hubbard Mobile Home Park. To start with, the issues surrounding the water issue have been agreed to but no agreement signed. Presently the mobil home park would receive its water from the City via its elevated storage tank. The City will get the fire and police protection responsibilities and the sewer. Having the sewer will be costly to pump once the lift stations and line is in and since our sewer rate presently relies on water to subsidize it, the City will lose money as it provides this service. The staff also recommends that the City not be responsible for the interior water lines of the park nor the transmission line in East Fork's jurisdiciton. The City should not be responsible for any meters nor the master meter that will (under the proposal) serve the park. The City by its mobile home ordinance will not accept responsibility for the interior streets of the park. I have not seen the letter stating that the park could be pumped but I am requested a letter from the responsible state agency. The Texas Water Commission is concerned with the additional loading of our treatment plant and expressed those concerns in calls to the City this past week. I will attempt to get them to commit one way or the other. The fees that need to be paid are as follows: Cottonwood Creek Lift Station District $8.75 x 227 $196,625 Sewer Impact Fees $2.75 x 227 $ 62,425 Annual License Fees $20 ea. x 227 $ 4,540 As homes are moved in, permits are drawn for plumbing and eletrical work at $30.00 per unit--total of $6,810. An engineer's (his) word that the new booster station will provide adequite fire flows is not sufficient. Our ordinance requires 30 pounds of pressure at 75 gallons of water per minute out of 2 nozzles (1} nozzles)--Section 7. 11C (1) and (2) . Until the system is tied into East Fork, the park has NO water and until it has water the fire flows cannot be tested for our requirements. (Mobile Home Park Ordinance) Finally no maintenance bond has been posted on the applicable public improvements. 18 ROGER FINHOLT ENTERPRISES 1115 Luke St,Suite 100 Irving,Texas 75061 Phone:Area Code 214-399-1666 August 21, 1987 Mr. James Johnson Acting City Manager City of Wylie Wylie, Texas 75098 Re: Lake Ray Hubbard Mobile Home Estates Wylie, Texas Dear Mr. Johnson: In response to your letter of August 11, 1987 to J. Stanley Knight, I would like to make the following perfectly clear: 1. This development is on the City Council's agenda for August 25, 1987 for final approval, and we have done everything to obtain that approval and fully expect to receive it. 2. We feel that your letter is not fully responsive to Mr. Knight's request, for you failed, as promised to Mr. Knight, to "provide specific references to ordinance provisions in the Subdivision Ordinance and the Mobile Home Ordinance with which this development currently does not comply." Additionally, you list items that are not necessary to resolve for final approval of this development, though we intend to resolve them as soon as possible. 3. We have requested final inspections of this development to demonstrate our compliance with the ordinances. The city staff has, however, refused to perform these inspections. We must ask how do you expect to know if we have complied without the inspections? Moreover, the resolution of some issues by city inspections should not be forestalled until other issues are resolved; they can be done simultaneously. Furthermore, my council, Jimmy Alan Hall has informed me that the city attorney advised you that the city should perform the inspections without waiting. We have had numerous major inspections of this project and we know of no reason why this process should be halted. 4. You included several items that have already been resolved. To raise them in the context of a response outlining what yet needs to be done does not give us the impression that the city desires to cooperate. 5. The interior streets have been previously approved by the city by the previous city manager and city engineer. We and the city have tapes of conversations in which they were approved. 6. East Fork Water Supply Corporation will provide water service to this development, which resolves the Texas Water Commission's cease and desist order issued as it pertains to this project. East Fork is the only entity that has the right to serve this project. We have formally requested water services from East Fork, which completely resolves this issue. (continued - page 2) 19 � � ` �-�gg mN�� � cirrly- 0-P W-9-mlim 108 S.JACKSON ST. _ �0.BOX 428 WYLIE,TEXAS 75M (214)442-2236 Auqust 19. 1987 ^ ^ ^^ Lux 100 Irvinq, Texas - RE: Lake Ray Hubbard Mobile Home Park Dear Mr. Finholt: � am writinq this letter in reference to vour correspondence �o James Johnson dated Au�ust 17. 1987 . in whicn you refer �o ' inspections^ which cannot be made, nable to derermine whether you are referrinq to dail; inspections of evervday proqress or the final inspection of the entire pro �ect. lf a �znal ins!:-,ection is bezn9 requested^ then I must jnform ^ou +�at I �av� been inst.���te� n�t todo saiI ��`��ec� zon unt� � ` `,c i�sues ed�ressed : ' n ' -c:nson in hzs '=~ -esponuence4uqust ,_soIved. ^ be o+ a�" furt�e~ assistance' � �e�~e -ee� free to call at 214-442-3564. �in er l �on Homeyer. A ti City Mana�er cu�uames Johnson. Interim City Mana9er Don White. g Public Works Director | File ( ' 20 CITY OP' 117YLI3E0 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442.2236 August 17, 1987 J. Stanley Knight Attorney at Law 3000 One Main Place 1201 Main Street Dallas, Texas 75250 RE: laidgokilmo,linbb4r4.0014 Home Park Dear Mr. Knight: In response to your letter of August 11, 1987, I will again list the items the City currently lists as problem areas. (1) Off-Site Water/Road (a) Brunson claim - this claim has been discussed by both sides and referred to the legal representatives. The City will not accept any liability in the matter. (Charter requirement) (b) Day Star Sales - this item was also discussed as Day Star has stated they have a lien on the property. Have you been able to work an agreement out on it? As well as Brunson, and other claims on the property? (c) The petition from Collin County regarding the necessary repairs needed for county road 381. As of this date, and after having visited the site, the county was con- tacted. Mr. Ruben Delgado states that the road is not acceptable to the county at this time. (City-County agreement) (d) The oversizing difference is an item that has not been resolved only complicated with the pending "Cease and- Desist Preceeding" before the Texas Water Commission involving the City of Wylie and the East Fork Water Supply Corporation over water service to the area. (e) East Fork Water Supply - this item has been discussed in Mr. Finholt's presence as to how the mobile home 21 2 park will receive water and from whom? A discussion of the issues has taken place between the attorneys for East Fork, City staff and Rob Dillard, City Attorney, and Roger Finholt and Jimmy Allen of the firm of Bickerstaff, Heath and Smiley of Austin, Texas. A settlement of this issue is critical not only to Mr. Finholt but the City as well. (2) Off-Site Drainage/Sewer/On-Site (a) The City does not want to be a party in the settlement of the Allard/Finholt suit. However, our subdivision ordinance requires that the off-site drainage problem be resolved. (b) Sewer Fees - Cottonwood Creek Lift Station ordinance has been passed (an unsigned agenda copy is enclosed) . The ordinance monthly self-explanatory, however, if you have a question, please call. (c) Interior Water/Sewer lines - this issue goes back to the East Fork question. The interior lines have not been accepted by the City and responsibility for them since it is feasible that the City will not provide water is a question that warrants a solution. (Mobile Home Ordinance/Subdivision Ordinance) (d) The staging of the park opening is related to the sewer issue. Any phasing of the opening of the park would require an amended plat plan, then go to the Planning and Zoning and back to the Council for final action. (e) Opening of the park would also require sewer and although your client has expressed his willingness to pay for the pumpage. The issue of whether the Texas Department of Health would allow him to do so, as the City is currently under a Texas Water Commission Administrative Enforcement Order and has received a letter from the Texas Department of Health requesting that it getout of the sewer pumping business. I suggest your client request that authorization from the Health Department. In any case, it (the pumping) would have to be approved by the Council. As to the sewer line, it must meet the criteria established by the CH2M Hill engineering report on the City's water and wastewater system plan dated May, 1987 and approved by the Texas Water Commission in June of 1987. (f) The City would like to know if Mr. Finholt expects to expand his park in the near future because of the sizing requirements of the sewer force main. 22 3 (g) The City is interested in the Fire protection rate flows from the fire plugs. This is a requirement of the Mobile Home Ordinance. If East Fork is to serve the park and the City will be responsible for the fire protection, the flow rates have to meet our ordinance requirements or the City cannot accept or approve the park for occupancy. (h) Since the interior streets of the park do not meet our subdivision requirements, they (the interior streets) will not be accepted by the City. (i) Other items - the drainage channel around the west end and rear of the park is not finished. Whether or not meter boxes will be set or the park master metered re- volves around the East Fork - Wylie water issue and its settlement. The value pads/sanitary sewer have not been finished. These are all requirements of the sub- division ordinance. I have provided you with copies of the Fee Schedule, Mobile Home Ordinance and Subdivision Ordinance. The issue of the pumping of the sewer and how we will charge the park for treat- ment of it and a designated intake point, if trucking is permitted, is one that causes the City great concern in light of our present difficulties with State regulatory agencies. I would encourage you to contact Bob Morrison, of CH2M Hill, who did the water/wastewater plan for the City as to the design and re- quirements need for the necessary lift stations, force main and gravity line needed to serve the park. Mr. Morrison can be reached at (214) 980-2120, (Dallas office) . Though I have received your request to be placed on the August 25 agenda, much needs to be done before the staff can make any favorable recommendation to the Council regarding this facility. I look forward to hearing from you soon. Respectfully, 7 es E. ohnson Acting City Manager cc: City Council Robert Dillard, III, City Attorney Roger Finholt Don White, Public Works Ron Homeyer, Engineering Roy Faires, Code Enforcement 23 Bickerstaff Heath&Smiley C ROS[RT SUSAN G[RATE . ROSIN A.CAS[Y MARTHA[.SMILEY KATIE SONG SAN JACINTO C[ ,SUITE I SOO THOMAS M.•OLLAN CAROLINE SCOTT IS SAN JACINTO BOULEVARD ANN GLARRL SN[LL O. IN K[V[R SYDNSY W PALS.JR. AUSTIN.TEXAS 7 870 1-4039 CAROLYN[.fH[LLMAN Dwwe S12/472-8021 DOUGLAS O.CAROOM MARCIA NEWLANDS PESO LINOA AAK[R CATHERINE TELECOPY ONLY:512/320.563e MYRA A.M 1EL PATRICIA I RANT JIMMY ALAN HALL LEE A.RINTZEL. 11 IN ONq ASO.K12ON5 ONLY August 17, 1987 Via Hand Deliver Mr. Ramon E. Dasch Staff Attorney Legal Division Texas Water Commission P.O. Box 13087 Austin, Texas 78711-3087 RE: City of Wylie; Permit No. 10384-01; June 16, 1987 Enforcement Order Dear Mr . Dasch: I represent B&R Investments No. 1, a General Partnership (B&R) who is developing a subdivision within the corporate limits of the City of Wylie and has requested sewer service from the City. The City has informed B&R that it will provide service, but that the initial service may have to be provided by means of a "pump-and-haul" operation. Our question is whether the City can initiate new "pump-and- haul" sewer service to this subdivision if it does so within the limitations of Part 2.D. of the above-referenced Enforcement Order? From my reading of that provision, it does not prohibit the initiation of "pump-and-haul" service to a new location nor does it place a deadline on when that service must be terminated. A prompt response to this inquiry would be most appreciated, for this subdivision is scheduled to be reviewed for final approval by the City Council of Wylie on August 25, 1987. Please feel free to call me if you have any questions. Sincerely yours, mmy lan Hall 24 Mr.. Ramon E. Dasch -2- August 17, 1987 JAB:bm cc: Roger Finholt Roger Finholt Enterprises 1115 Luke St. , Suite 100 Irving, Texas 75061 Robert L. Dillard III Sallinger, Nichols, Jackson, Kirk & Dillard 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 James Johnson Acting City Manager P.O. Box 428 Wylie, Texas 75098 Stan Knight Wooton & Knight 30th Floor, One Main Place Dallas, Texas 75250 25 J. STANLEY KNIGHT -*- ATTORNEY AT LAW 3000 ONE MAIN PLACE 1201 MAIN STREET _ DALLA .TEXAS 75250 14141 744-3441 August 11, 1987 J 2 98-; ' Mr. James Johnson City of Wylie P.O. Box 428 Wylie, Texas 75098 Re: Lake Ray Hubbard Mobile Home Estates Dear Mr. Johnson: As you know, I have been working with Roger Finholt on completing the items necessary for opening of the mobile home park. During our meeting of August 4, 1987, we discussed some of the remaining issues which need to be resolved. During our meeting, you indicated that you would provide specific references to ordinance provisions in the sub- division ordinance and mobile home ordinance with which this development currently does not comply. It would be most appreciated if you would do this and submit to me a letter pointing out what ordinance provisions currently would prevent opening of the mobile home park. Also, please be advised that we would like for the city council to consider our request for final approval at the city council meeting of August 25, 1987. Please place this item on the council' s agenda for consideration at that time. It would be appreciated if you would provide the requested ordinance information so that it will reach my office on or before Friday, August 14, 1987. I will be out of the office from August 17 through August 21, and will be back in the office on August 24. We would like to have your response in sufficient time to make any final corrections which are necessary to fully comply with the ordinances prior to the city council hearing. Also, please provide a copy of your response to Mr. Finholt. Thank you for your cooperation and attention to this matter . Very truly yours," vZ St ey Kn ght SK/msw/37:1 cc: Roger Finholt 26 ROGER FINHOLT ENTERPRISES 1115 Luke St..Suite 100 Irving,Texas 75061 Phone:Area Code 214-399-1666 August 17, 1987 Mr. James Johnson Acting City Manager City of Wylie Wylie, Texas 75098 Re: Lake Ray Hubbard Mobile Home Estates Wylie, Texas Dear Sir: As you are aware, we have requested to be put on the agenda for final sub- division approval at the next council meeting on Tuesday, August 25, 1987. We have requested inspections be made on our facilities to no avail . My on-site personnel have been told that inspections cannot be made until, for instance, we finish the county road and/or the situation with the East Fork Water Supply is resolved. We cannot wait any longer. Somebody at the city needs to make decisions and resolve these matters. This has been going on for four or five months at a cost to me and my partner of $1,000.00 per day. It's imperative that these issues be resolved immediately so we may obtain subdivision approval on the 25th of August. Further delays will be catastrophic. By the way, I have just heard that the county road has been accepted. A letter from the county substantiating this will be hand delivered to you on Wednesday of this week. Very truly yours, (P, 1 R.i . Finholt RCF/ks cc: Ron Homeyer Roy Fa i res Don White Rob Dillard Jimmy Hall Burt Shryock J. Stanley Knight 27 COLLIN COUNTY Department of Puhlic Works August 18, 1987 Big D. Construction L � 1)! 1115 Luke Street I It Suite 100 • JG I 91987 Irving, Texas 75061 11)11 .' j�f Re: U i 11.. County Road 381 I` Dear Sirs: Please consider this as a letter of approval on thallelauff .roc► ' oftfr:itoad81. _.� If you have any questions please do not hesitate to call me. Sincerely, Richard S. Boston P.E. Assistant Director of Public Works xc: Billy Waddell/Waddell Excavating Mr. Jerry Hoagland/County Commissioner Clarence Daugherty/Dir. Public Works Ruben Delgado/Public Works - Engineering Mr. Jim Johnson/City of Wylie Mr. Edwin Kleinbell/Petition Denton Savings Mr. Ron Homeyer/City of Wylie/Asst. City Engr. McKinney, Texas 75069 • (214) 548-4616 • 231-71 70 (Metro) 28 ii, r ie CITY OF WYLIIC 108 S. JACKSON — P.O. BOX 428 WYLIE, TEXAS 75098 (214) 442-2236 August 20, 1987 Robert Dillard, III Sallinger, Nichols, Jackson, Kirk & Dillard 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 RE: Eubanks Lane Sanitary Sewer Line Extention Dear Robert: Following our phone conversation this date, I am enclosing the particulars for a contract to be drafted between the City and Arapaho East, Inc. This sanitary sewer line is an extention of a major sewer collector line which was planned with the Rush Creek I Lift Station District and is therefore part of the total Rush Creek I lift station costs. In consideration of expediency and not go through the formal bid process, the Council has directed the staff to enter into a City-Developer contract, in which the developer installs the line and the City pays its share. The line in question is 12" PVC sewer line that will be 2235 feet in length with 4 concrete manholes (average 18' depth) to be installed. The contractor and/or developer will provide performance and payment bonds and the applicable insurance requirements. This construction is to be done in the existing county road. The road will have to be restored to the County's satisfaction. The total bid on the project is $69,930, of which, Baron Cook of Arapaho East, Inc., 5949 Sherry Lane, Suite 620, Dallas, Texas 75275. Mr. Cook has agreed and committed in a Council workshop to pay $34,000 as his share of that extention while the same time Arapaho East owes $27,849.80 in Rush Creek I Lift Station fees. We recommend that these fees be applied to these construction costs. This would leave the City with a commitment of $8,080.20 towards the project. That amount will be paid upon completion and acceptance of the line by the City Council. This line is to be completed and installed by October 1, 1987 unless there reasonable excuses to extend the deadline. Respectfully, 9es E. Johnson Acting City Manager cc: Baron Cook 29 1 : breL DATE CORPORATION IPRWNA7gNAL A p�gt 7 kbaw,r a INVOlIG� te 1987 P. O. Box 15580 3566 FORT WORTH, TEXAS 76119 Local 478-1137 Metro 572-0351 City of Wylie 114 N. Ballard P.O. Box 428 Wylie, Texas 75098 Cust#662 PLEASE DETACH AND RETURN WITH YOUR REMITTANCE. NET 10 DAYS DESCRIPTION Re: City of Wylie Municipal Complex Job #60903 Draw #10 See Spread Sheet: TOTAL AMOUNT DUE: $50,014.35 NET 10 DAYS THANK YOU. SPEED FAB-CRETE ?k *Oaf AMOUNT INT PAY LAST AM AM UN CORPORATION INTERNATIONAL CUSTOMER COPY 30 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT 6702 TO (OWNER): CITY OF WYLIE PROJECT:CITY OF WYLIE MUNICIPAL COMPLEX APPLICATION NO: #10 Distribution to: 114 N. BALLARD 0 OWNER WYLIE, TEXAS 75098 PERIOD TO: 08/07/87 0 ARCHITECT 0 CONTRACTOR; FROM(CONTRACTOR): SPEED FAB-CRETE CORP VIA(ARCHITECT): LEE STUART ASSOCIATES ARCHITECT'S 0 1150 E. MANSFIELD HWY, P.O. BOX 15580 PROJECT NO: #60903 D FORT WORTH, TEXAS 76119 CONTRACT FOR: CITY MUNICIPAL COMPLEX CONTRACT DATE: 9/05/86 Application is made for Payment, as shown below, in connection with the Contract, CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,734,838 00 Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ 21,790 00 previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 1,75k1628.00 TOTAL 4. TOTAL COMPLETED&STORED TO DATE Si 1,381,276.47 Approved this Month Number Date Approved 5. RETAINAGE: a.111/_% of Completed Work $ 138,327.65 w ilk #1 3/6/87 6,842.00 b. % of Stored Material $ #2 5/20/87 14,948.00 Total Retainage(Line 5a + Sb or - TOTALS 21,790.00 Total in Column 1 $ 138,327.65 Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 1,249,942.92 The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total) information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 1,194,934.47 paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE $ 50 014.35 issued and payments received from the Owner, and that current payment shown 9 BALANCE TO FINISH, PLUS RETAINAGE $herein is now due. 511,679.18 (Line 3 less Line 6) SPEED FAB CRETE CORPORATION INT'L /' / C TRACTOR: ' State of:�1�� County of: Subscribed and sworn to bef e e this s 'J .d y of 19e7 Notary Public: de , L� Z_ By: Date: r My Commission expires:/D/ / fig AMOUNT CERTIFIED $ ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation if amount certified differs from the amount applied for.) ARCH ITECT: In accordance with the Contract Documents, based on 'on-site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as By: Date: indicated, the quality of the Work is in accordance with the Contract Documents, and This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. 1 AIA DOCUMENT G702A CONTINUATION SHEET CITY OF WYLIE PAGE 1 OF PAGECE APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: 10 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: 160903 WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND ' BALANCE RETAINACE No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH A 8 C Applications Application F G(D+E+F) % H(C-G) SITE WORK 58,564.00 58,564.00 0.00 58,564.00 100X 0.00 TEMP SERVICES 4,500.00 3,825.00 0.00 3,825.00 85% 675.00 ARCHITECT DRAWINGS 6,050.00 6,050.00 0.00 6,050.00 100X 0.00 SHOP DRAWINGS 15,500.00 15,500.00 0.00 15,500.00 100X 0.00 ENG. STAMP 1,000.00 1,000.00 0.00 1,000.00 1007.. 0.00 FOUNDATION WORK 107,545.00 107,545.00 0.00 107,545.00 100X 0.00 PIERS 25,245.00 25,245.00 0.00 25,245.00 100X 0.00 CONCRETE WORK 333,429.00 113,365.86 50,014.35 163,380.21 49% 170,048.79 STRIPING 1,200.00 0.00 0.00 0.00 OX 1,200.00 PRECAST WORK 210,163.00 210,163.00 0.00 210,163.00 100X 0.00 WYLIE SIGN 14,000.00 0.00 0.00 0.00 OX 14,000.00 w JOINT/WALL TREATMENT 8 575.00 8 575.00 0.00 n' � : 8,575.00 100X 0.00 JOIST/GIRDER/DECK 82,198..00 82,198.00 0.00 82,198.00 100X 0.00 BUILT UP ROOF 85,488.00 85,488.00 0.00 85,488.00 1007. 0.00 SPRINKLER SYSTEM 39,060.00 37,888.20 0.00 37,888.20 97X 1,171.80 GLASS/DOORS-WINDOWS 33,612.00 33,275.88 0.00 33,275.88 99%. 336.12 DRIVE THROUGH WINDOW 4,918.00 0.00 0.00 0.00 0% 4,918.00 INTERIOR/WOOD DOORS 36,804.00 18,402.00 0.00 18,402.00 50% 18,402.00 DRYWALL & CEILING 143,244.00 128,919.60 0.00 128,919.60 907. 14,324.40 FLOORING 35,660.00 11,767.80 0.00 11,767.80 337. 23,892.20 PAINTING 11,998.00 9,358.44 0.00 9,358.44 787. 2,639.56 CARPENTRY 4,220.00 3,798.00 0.00 3,798.00 90% 422.00 PLUMBING 78,792.00 55,942.32 0.00 55,942.32 717. 22,849.68 ELECTRICAL 99,334.00 84,433.90 0.00 84,433.90 85X 14,900.10 A-C/HEATING 90,000.00 67,500.00 0.00 67,500.00 75X 22,500.00 FLAG POLE 7,751.00 0.00 0.00 0.00 0% 7,751.00 JAIL EQUIPMENT 63,530.00 30,494.40 0.00 30,494.40 48X 33,035.60 TOLIET ACCESSORIES 11,591.00 0.00 0.00 0.00 0% 11,591.00 CLEAN UP 5,100.00 2,550.00 0.00 2,550.00 507. 2,550.00 SUPERINTENDENT 30,000.00 25,500.00 0.00 25,500.00 85X 4,500.00 SUB TOTAL OR TOTAL I E1 CONTINUATION SHEET PACE OF PACES APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE ,� TO FINISH H(C—G) 1 D E • • PERFORMANCE BOND 19,327.00 19,327.00 0.00 19,327.00 100% 0.00 INSURANCE 66,440.00 66,440.00 0.00 66,440.00 100X 0.00 C/O *1 6,842.00 6,842.00 0.00 6,842.00 100% 0.00 C/0 IQ 14,948.00 13,303.72 0.00 13,303.72 89X 1,644.28 w w f t 1,756,628.00 ,333,262.12 50,014.35 1,383,276.47 373,351.53 SUB TOTAL OR TOTAL