01-11-1994 (City Council) Agenda Packet Agenda
WYLIE CITY COUNCIL
Wylie Municipal Complex
January 11 , 1994
7:00 p.m.
CALL TO ORDER
INVOCATION - Mona Bailey, Corinth Presbyterian Church
PLEDGE OF ALLEGIANCE
ACTION ITEMS
1 . Consider Approval of Minutes of Previous Meetings
2. Consider Approval of an Ordinance Granting a Franchise to
GTE
3. Discuss and Consider Award of Proposal for Administration of
Urgent Need Grant
4. Discuss and Consider Approval of a Resolution Supporting
Application to the Criminal Justice Division for a School
Resource Officer
STAFF REPORTS
CITIZEN PARTICIPATION
ADJOURNMENT
Posted this the 7th a f January, 1 4 y 99 at 5:00 p.m.
MINUTES OF THE WYLIE CITY COUNCIL
December 14, 1993
CALL TO ORDER
Mayor John Akin called the meeting to order with the following Councilmembers
present: Reta Allen, Jim Swartz and John Mondy. Steve Wright, Ortie Messenger, and
Bud Naish were absent.
PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD
FOR EXCELLENCE IN FINANCIAL REPORTING
Mayor Akin presented Director of Finance Brady Snellgrove with the award, noting
that the City of Wylie had won the award pertaining to the Comprehensive Annual
Financial Report for four years in a row.
CONSENT AGENDA
(1) the minutes of November 9, 1993
(2) Ordinance No.93-56 Increasing TMRS contributions
AN ORDINANCE OF THE CITY OF WYLIE,AUTHORIZING AND ALLOWING,UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS) "UPDATED SERVICE
CREDITS' IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE
ALLOWANCE, ARE IN THE EMPLOYMENT OF THE CITY OF WYLIE; PROVIDING FOR
INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND
BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF
DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE
CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE
(3) Ordinance No. 93-55 Amending the Smoking Regulations n Municipal
Facilities
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SEC;I'ION 8.00 OF
CHAPTER (?)OF THE WYLIE CITY CODE,BY FURTHER RESTRICTING THE AREAS
IN THE WYLIE MUNICIPAL COMPLEX WHERE SMOKING IS ALLOWED;REPEALING
ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EIFI hCTIVE DATE
Mayor Akin read the ordinance captions. Allen made a motion to approve the Consent
Agenda. Swartz seconded the motion. The motion was voted on and passed unanimously.
PUBLIC HEARING AND ORDINANCE NO. 93-57 AUTHORIZING A SPECIFIC USE
PERMIT FOR AN AUCTION HOUSE IN A RETAIL ZONING CATEGORY
City Manager Steve Norwood explained the two ordinances proposed and the
conditions recommended by the City staff in each. Mr. and Mrs. Doyle Spurgin, the
applicants, addressed the Council and outlined the work that had been done to date in the
building proposed for the auction house. Council discussed the parking provisions,the hours
of operation, the estimated occupancy load and conditions of approval. Swartz made a
motion to approve an ordinance authorizing the SUP with the following conditions:
1. The approved uses shall be limited to retail uses including the sale
and/or auction of antiques and collectibles and the sale of estates
2. A parking agreement with the First Baptist Church providing the
deficient number of minimum parking spaces required shall be
executed to the satisfaction of the City of Wylie prior to issuance of a
Certificate of Occupancy
3. The occupancy load of the building shall be limited to 100 persons
4. That a scaled site plan shall be submitted to and approved by the
Building Official prior to issuance of a Certificate of Occupancy and
attached hereto as Exhibit "A" and made a part of this ordinance.
5. That a minimum of 50 parking spaces shall be provided either on-site
or by way of official agreement with the First Baptist Church
6. No industrial products or equipment are authorized for sale or auction
under the terms of this SUP
7. That all non-residential auctions shall not take place in or on the
property described herein but must take place off-site
8. That auctions are limited to two (2) nights per week between the hours
of 6:00 p.m. and 10:30 p.m. as proposed by the applicant no more than
(5) Sundays per year between the hours of 1:00 p.m. and 6:00 p.m.
9. That this Specific Use Permit is limited to a period of eighteen (18)
months from the date of approval
Allen seconded the motion. Mayor Akin read the ordinance caption. The motion was voted
on and passed unanimously.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS HERETOFORE
AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE
AS HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS LOTS 17 AND 18,
BLOCK 18, RAILROAD ADDITION; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS($2,000.00)FOR EACH OFFENSE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
REQUEST FOR DISANNEXATION FROM DAVID DAVIS AND ORDINANCE 93-58
DISANNEXING 10 ACRES IN COLLIN, ROCKWALL, AND DALLAS COUNTIES
Mr. Davis explained that he was unable to tie on to City sewer and septics were not
allowed in the City limits, that water services were provided by East Fork Water Supply
Corporation and that the zoning needed to be amended to allow single family residential.
Mondy made a motion to approve an ordinance disannexing the property. Swartz seconded
the motion. Upon the reading of the caption, the motion was voted on and passed
unanimously.
AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,DISANNEXING A TRACT IN THE
J.D. SHELBY SURVEY, ABSTRACT NO. 819 AND N.A. A1TERBURY SURVEY,
ABSTRACT NO. 1873, IN COLLIN, DALLAS, AND ROCKWALL COUNTIES, TEXAS,
CONTAINING APPROXIMATELY 10.038 ACRES AND CONTRAU 1'ING THE
CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY,REPEALING
ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
AWARD OF BID TO REMOVE UNDERGROUND STORAGE TANK AT CITY SERVICE
CENTER
Norwood explained that U.S.T. had submitted a bid in the amount of $8,939.88 for
removal of the tank. Swartz made a motion to award the bid to U.S.T. Mondy seconded
the motion. The motion was voted on and passed unanimously.
AWARD OF BIDS FOR PUBLIC WORKS VEHICLES
Council considered award of bids for the tabulations as follow:
Trailer Mounted Sewer Jetter:
Bidder Make/Model Base Bid (New) (Demo) Trade-In
Montgomery Shamrock SPT650G $18,988.00 $3,680.00
Municipal Supply
Industrial Disposal Shamrock SPT650G $19,000.00 $3,680.00
Supply
Conley-Lott US Jetting $26,500.00 $4,500.00
Nichols Machinery
Sreco Flexible Sreco HV2060 $19,982.00
Conley-Lott O'Brien 700J $22,017.00 $4,500.00
Nichols Machinery
Texas Underground Underground $20,740.00 $1,500.00
SR720
Naylor Supply SECA 747 $24,980.00 $2,500.00
Backhoe/Loader
Bidder Make/Model Bid Amount Delivery Trade-In
Mega Equipment John Deere 300D $39,649.00 45-69 Days $5,250.00
Case Equipment Case 580 Super K $41,945.00 120 Days Declined
Dump Truck
Bidder Make/Model Bid Amount Delivery
Metro Ford Truck Ford F700G (gas) $26,975.00 45-60 Days
Metro Ford Truck Ford F700D (diesel) $30,295.00 45-60 Days
Prestige Ford Ford F600G (gas) $27,181.00 45-90 Days
Prestige Ford Ford F600D (diesel) $31,722.00 45-90 Days
Mahanay International International 4700 (diesel $31,333.86 90-150 Days
only)
White GMC Truck GMC Topkick (gas) $28,621.00 100 Days
White GMC Truck GMC Topkick (diesel) $32,171.00 100 Days
Swartz made a motion to award the bids as follows: The Sewer Jet to Montgomery
Municipal Supply, the Backhoe to Montgomery Municipal Supply and the Dump Truck for
the Ford diesel to Metro Ford Truck. Mondy seconded the motion. The motion was voted
on and passed unanimously.
AUTHORIZATION FOR CITY MANAGER TO EXECUTE STREET SWEEPING
CONTRACT WITH BFI
Daniel Rudd, representing BFI, explained two options available for street sweeping:
(a) arterials twice monthly, residential four times annually, $14,877.76 or (b) arterials once
monthly, residential twice annually, $7,438.88. Allen made a motion to authorize the City
Manager to execute a contract according to the terms described for alternative (b). Swartz
seconded the motion. The motion was voted on and passed unanimously.
GTE FRANCHISE AGREEMENT AND ORDINANCE ON FIRST READING
Norwood outlined the proposed terms of the agreement. Mondy made a motion to
approve the ordinance on first reading. Allen seconded the motion. The motion was voted
on and passed unanimously.
EXECUTIVE SESSION
Council adjourned into Executive Session AT 8:45 p.m. to discuss appointment of a
Presiding Election Judge and Alternate Presiding Election Judge at Southfork. Upon
reconvening into regular session at 8:55 p.m., Allen made a motion to appoint Joel Scott as
Presiding Judge and Nathan Sheppard as Alternate. Mondy seconded the motion. The
motion was voted on and passed unanimously.
ADJOURNMENT
As there was no further business to come before Council for consideration, the
meeting adjourned.
APPROVED
ATTEST
City of Wylie
AGENDA COMMUNICATION
Legal Steven P. Deiter 411Per
SUBMITTED BY: DIRECTOR:
DATE REFERENCE NO. SUBJECT
1/7/94 d� Adoption of GTE Franchise Agreement
SUMMARY OF SUBJECT:
The Staff has renegotiated the City's franchise agreement with GTE. The present franchise agreement, enacted
in November, 1980 was for 15 years and would expire in 1995. The new agreement, presented in the form
of a franchise ordinance for consideration by the Council, replaces the old franchise, now instead of 1995. The
agreement is for five years and automatically renews for an additional five years unless the City gives timely
notice of its intent to not renew. The franchise fee is set at a flat fee with annual increases of 6% instead of
a percentage of total revenues as was previously the case.
ALTERNATIVES:
(1) Adoption of GTE franchise ordinance as presented;
(2) Adoption of GTE franchise ordinance, as modified by Council;
(3) Take no actiion and continue under existing franchise agreement;
ACTION REQUESTED:
Staff is recommending that Council approve the GTE Franchise Ordinance as presented.
MEMORANDUM
TO : City Council AVIPIPP.
FROM: Steve Deiter i
SUBJECT : Revised GTE Franchise
Agreement
DATE : January 7 , 1994
*********************************************************************************
I have previously provided the Council with a copy of my comments and concerns on the
proposed GTE Franchise Agreement (12-6-93 Memo to Brady Snellgrove contained in agenda
packet for December 14 Council meeting). Subsequent to my addressing the concerns of the
agreement the City Manager, Brady and myself had a conference call with GTE representatives
concerning the City's requested changes.
GTE was very cooperative and agreeable to most of the changes and incorporated them
into the latest draft of the franchise ordinance, a copy of which is provided herewith. All of the
concerns which I raised in my Memo of December 6, 1993 have been satisfactorily resolved by
the changes to the agreement, save and except the following:
1. The release of claims provisions of paragraph 11 have not been modified to except the
1993 franchise payment due the City on March 31, 1994. However GTE has given the
City written assurance that the release will not effect such payment (see attached letter
from Aida M Dorman).
2. The language concerning street use agreement, in section 22 dealing with "most
favored City" status was not changed. GTE has provided written assurance, again in the
form of the December 14, 1993 letter from Ms. Dorman) that the term street use
agreement is used synonymously with the franchise agreement, when used in the
agreement. Therefore the favored status requirement covers all franchise agreements of
other Cities, notwithstanding the fact that the agreement uses the term street use
agreement instead of franchise agreement.
3. The additional language concerning the length of the statute of limitations, as suggested
for section 15. Their reason for rejecting the request, much the same as their reasoning
for not making the text changes referenced in the preceding paragraphs, was the need to
keep their document reasonably the same and standard for all Cities. I do not have a
strong objection to the term as presented and can approve the ordinance without the
requested changed so long as the Council is comfortable with it.
The ordinance (franchise agreement) is back before the Council for adoption and passage
at the January 11, 1994 meeting. The agreement was also on the agenda for the December
meeting, but only for a first reading.
Should any of you have any question on the franchise agreement or its effect please do
not hesitate to contact me at your convenience.
cc: Steve Norwood
EEO GTE Telephone Operations
Central Area
December 14, 1993
Mr. Steven Norwood
Subject: PROPOSED RIGHT-OF-WAY USE OF AGREEMENT WITH
CITY OF WYLIE, TEXAS
Dear Steve:
This letter is to clarify GTE Southwest's intent regarding two
issues related to our proposed new street use ordinance.
Section 11 contains a mutual release of claims. This language is
not intended to effect the last payment under the old ordinance.
Currently, the City of Wylie is paid annually, on March 31 of
each year. Because of the mechanics of enacting a new ordinance,
most notably the City's requirement for two separate readings and
then a period of time for GTE to effectuate acceptance of the
ordinance, there may be a short time after the new ordinance is
in effect before the March 31, 1994 payment under the old
agreement (for use of the right-of-way in 1993) is due. Pleased
be assured that GTE will make the March 31, 1994 payment to the
City as required by Ordinance No. 80-17 regardless whether the new
ordinance is effective prior to that date.
Section 22 contains language referred to as a "most favored city"
clause. The purpose of this language is to provide the City the
option of receiving the benefit of provisions contained in any
other right-of-way agreements between GTE and any other Texas
cities. It encompasses all provisions contained in such right-
of-way agreement ordinances.
I hope this clarification is helpful. Please contact me if you
have any further questions. I want to thank you again for your
assistance in this process.
Sincerely,
" Aida M. Dorman
District Manager/Plano
GTE Service Corporation/A part of GTE Corporation
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols
DATE REFERENCE NO. SUBJECT
1/11/94 3 Award of Proposal for Administration of Urgent Need
Grant
SUMMARY OF SUBJECT:
As Council knows, the City applied for and has been approved for $350,000 for
urgent need/disaster relief. The grant provides funding- for demolition of two
structures, housing rehab and relocation, and also provides $30,000 for
administration. We have requested proposals and the only one received was from
GSA, the firm who submitted the application on our behalf. Their cost is $25,000 -
$5,000 less than the maximum allowed expenditure and we are comfortable that GSA
can work on administration of the grant funds to our satisfaction.
ALTERNATIVES:
(1) Award Proposal to GSA
(2) Table Award of Proposal
(3) Reject the Proposal and Request Proposals Again
ACTION REQUESTED:
Staff is recommending that Council award the proposal to GSA. We hope to expedite
the grant process as quickly as possible so funds will be available in the next four to
six weeks.
•1{I,,
GOVERNMENTAL SERVICE AGENCY, INC.
'. .
GSA '
•
*;
January 4, 1994
Mary Nichols
City Secretary
City of Wylie
P. O. Box 428
Wylie,Texas 75098
Dear Ms. Nichols:
Governmental Service Agency, Inc., (GSA) has received your request for proposals to
provide administrative services for the Texas Community Development Program(TCDP) -
Disaster Relief Fund grant project. We are pleased to submit the enclosed proposal.
As you already know,GSA is a municipal management consulting firm that has been in the
grantsmanship business since 1973. Over the past 20 years, GSA has built a strong
professional reputation among all levels of government ranging from local, state, and
federal. To-date,we have administered over 46 million dollars of federal funds to complete
community development improvements (water, sewer, streets and drainage,etc.)projects.
In all of these projects, we have administered the services required to adequately fund and
complete the project in a timely and professional manner.
GSA hereby offers to assist the city on this project for a fee of$25,000, as set forth on
page 4 in the proposed contract. Please find enclosed two (2) copies of our proposed
contract. Should the the City of Wylie be interested in hiring GSA for administrative
assistance, simply execute both copies of the contract, return one copy to GSA for our files
and keep one copy for your files.
Please note that the project manager on this project will be myself along with assistance
from my staff.
If you have any questions concerning our proposal, please feel free to contact me at any
time.
Sincerely,
GOVERNMENTAL SERVICE AGENCY,INC.
David K. Lewis
President
•
Lyndon Plaza 10935 Estate Lane, Suite 475 Dallas, Texas 75238 (214) 553-7070 Fax (214) 553-7098
I
I
I AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF WYLIE, TEXAS
I AND
GOVERNMENTAL SERVICE AGENCY, INC.
111 WHEREAS, the City of Wylie, P. O. Box 428, Wylie, Texas, 75098 hereinafter
referred to as the City,desires to engage the professional services of Governmental Service
I Agency, Inc., 9500 Forest Lane, Suite 408, Dallas,Texas,75243 hereinafter referred to as
GSA, to provide management and administrative assistance in the administration of a Texas
Community Development Program—Disaster Relief (TCDP) grant from the Texas
Department of Housing&Community Affairs (TDHCA).
WHEREAS, GSA agrees to provide such management and administrative assistance in
the implementation of the City's TCDP grant;
WHEREAS THIS AGREEMENT, entered into by and between the City, acting herein
by the duly elected Mayor and GSA, acting herein by a duly appointed corporate officer,
NOW THEREFORE, both parties agree as follows:
I. SCOPE OF SERVICES
GSA shall provide the following professional services under this agreement:
A. General Program Management
(1) During the course of the project, GSA will provide general advice with
11 respect to the implementation of the grant project and regulatory matters.
(2) Furnish the City with necessary forms and procedures required for
implementation of the grant project.
11 (3) Provide training for City personnel who will be directly involved in the
program to assist them in handling any routine and daily tasks they may be
I required to perform. These services will be provided on an as-needed basis
upon request of the employee.
(4) Assist the City in developing a recordkeeping system consistent with the
program guidelines, including the establishment and maintenance of a filing
system.
(5) GSA will serve as liaison for the City during any monitoring visit by staff
representatives from either TDHCA or the U.S. Department of Housing and
Urban Development (HUD). GSA will provide a representative for any
scheduled monitoring visit(s), provided the City gives sufficient notice of
such visit(s).
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(6) GSA will assist the City in meeting all special condition requirements that
may be stipulated in the contract between the City and TDHCA.
(7) GSA will prepare and submit to TDHCA all required periodic progress and
compliance reports.
(8) GSA will provide technical assistance to the City in meeting citizen
I participation, fair housing, and flood prevention requirements as may be
required for participation in the TCDP.
IB. Financial Management
(1) GSA will assist the City in proving its ability in managing the grant funds to
the state's audit division and assist in the establishment of a simple but
Isatisfactory grant accounting system.
(2) GSA will assist the City in establishing a bank account, journals, and
ledgers. The City will be responsible for ensuring that all files are retained
for a period of not less than three (3) years from official close-out of the
program.
(3) GSA will assist the City in submitting the required accounting system
certification letter and the depository/authorized signatory form to TDHCA.
(4) GSA will order all fund drawdowns on behalf of the City as they are needed
in order to ensure orderly,timely payments to all contracting parties.
(5) GSA will submit all interim financial reports as required.
(6) GSA will not be obligated to provide the following services: (a) obtain
appropriate surety bond; (b) be responsible for internal control; (c)provide
day-to-day maintenance of records and files; (d) draft checks; (e) pay
invoices; (f)enter transactions in books; or(g)reconcile bank statements.
C. Environmental Review
(1) GSA will assist the City in meeting all environmental clearance procedures
required by TDHCA, including the preparation of a preliminary
environmental assessment and consideration of any historic and flood plain
concerns. GSA will not be required to conduct any needed Environmental
Impact Statement should any environmentally related problems be found
I through the environmental assessment. Any environmental related
problems identified through the preliminary environmental assessment shall
be resolved by the City.
(2) The City shall be required to advertise/publicize the environmental
clearances/public notices and to execute the required certifications for
submittal to TDHCA. GSA will provide advice and instruction for such
notices and certifications.
I
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D. Labor Standards. Fair Housing and Equal Opportunity
(1) GSA will assist the City in complying with the labor standards opportunity
requirements of the program by reviewing all contract documents,providing
proper notices to TDHCA, conducting preconstruction conferences,
111 providing job site posters, securing prevailing wage rates, and reviewing
the contractor's payroll reports.
I (2) GSA will furnish the local businesses and/or contractor(s) involved with the
project the necessary forms and documents necessary for their execution as
may be required by TDHCA in order to fulfill their requirements in the
program. This will include Section 3 Plans, special wage classification
requests, contractor certifications regarding segregated facilities, equal
opportunity, labor standards and prevailing wage requirements,compliance
with Air and Water Acts, Section 503 Handicapped Affirmative Action,
Section 402 Veterans Affirmative Action and Executive Order 11246.
(3) The City shall be responsible for conducting periodic on-site employee
interviews during the construction phase of the project.
(4) GSA will assist the city in completing a fair housing activity during the
contract period as required by the TCDP.
(5) GSA will assist the City in complying with the equal opportunity
requirements of the program. This will include the preparation of a Section
3 Plan, a review of the city's personnel policy manual to determine if there
is an EEO provision, preparing current EEO-4 forms, preparing 504 Self-
Evaluation Review Form (if necessary) and assisting the city with
documenting project beneficiaries by race,ethnicity and sex. GSA will also
provide general advice to the City to ensure that there is no discrimination
exercised in the decision-making process for all elements of the TCDP
project.
E. Close-Out and Audit Reports
(1) GSA will prepare a final performance report (Project Completion Report)
along with the required close-out documents for submission to TDHCA for
close-out of the program upon its completion.
(2) GSA will provide the City's auditor with adequate information and audit
guidelines for conducting an official audit report of the grant funds.
(3) GSA will conduct any necessary exit conferences with the auditor in order
to rectify or explain any negative finding(s) that may have arisen during the
audit. In the event any finding cannot be adequately resolved with the
auditor, GSA will determine the basis for the finding, and if a satisfactory
response to the finding can be made, include it in the audit report to mitigate
its adverse effects.
F. Housing/Rehabilitation Guidelines and Procedures
(1) GSA will prepare housing rehabilitation, relocation, and demolition
guidelines and procedures.
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(2) GSA will submit the housing and demolition guidelines and procedures to
111 the Texas Department of Housing and Community Affairs for approval.
(3) GSA will develop the application form, contract documents, and other
forms to be used by the City for the implementation of the program.
1111 (4) GSA will develop a recordkeeping system for the housing and demolition
programs to be used by the City for the implementation of the program.
U (5) GSA will provdie general advice and assistance with respect to the
implementation of the housing and demolition programs.
(6) GSA will provide the City's Chief Building Official with training to carry
out and administer the housing and demolition programs in accordance with
the program guidelines and TDHCA requirements.
IIG. Miscellaneous
rn (1) GSA will assist the City in the procurement of professional consulting
engineering services through the request for proposal process,if applicable,
and as required by the TCDP regulations.
II (2) GSA will furnish the City with property acquisition procedures, should real
property acquisition activities be required, in accordance with program
requirements. The City will be responsible for executing all forms and
111 documents from property owners should acquisition be required.
II. COMPENSATION
illA. The City agrees to compensate GSA with funds for services rendered under
this agreement as follows:
IService Rendered Fee Percent
General Program Management $12,000 48%
I Financial Management $3,500 14%
Environmental Review $2,000 8%
Labor Standards, Fair Housing,
&Equal Opportunity $2,000 8%
III Close Out(Final) Report $1,500 6%
Housing/Demolition Guidelines $4.000 16%
TOTAL $25,000 100%
IIThese fees shall be billed on a percentage-of-completion basis and shall be
payable upon the receipt of an invoice from GSA.
IIB. Any additional services desired by the City and not associated with the
general services outlined hereinabove shall be billed at Seventy-Five Dollars
($75.00) per hour, which includes travel and clerical costs or as mutually
IIagreed to by both parties.
II
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III. GENERAL PROVISIONS
A. The City agrees to provide adequate staff support, resources and general
cooperation,including publishing notices and holding meetings, throughout
the term of the program to ensure completion of the project.
B. All services provided by GSA under this agreement shall be provided
during the course of the program, but in no event shall GSA be obligated to
provide these services for longer than a two (2) year period. Should the
project contract be extended past the two(2) year period,then GSA may be
compensated an additional amount as may be mutually negotiated to by both
parties.
C. During the term of this agreement, the City shall forever hold GSA or any
of its employees or associates harmless of and from any claims, demands,
suits, actions, causes of action, liability and expenses, all of any kind or
type whatsoever, including, but not limited to, attorney's fees and expenses
incurred in defense thereof, arising either directly or indirectly from GSA's
II business association with City,excepting only a breach of this agreement by
GSA. In no event shall GSA's liability exceed the total amount of
compensation paid to GSA under the terms of this agreement.
III D. This agreement shall begin with inception of the grant contract and remain in
effect for the duration of said program unless otherwise terminated in
accordance with the termination provisions contained in Exhibit A. This
111 agreement shall automatically terminate upon close-out of the grant or two
(2) years from the date of execution of this agreement whichever comes
first.
IE. This agreement provides services and requires compensation based on the
original scope of work as outlined in the original TCDP grant application.
IF. Exhibit A --- "Related Terms and Conditions", attached hereto, is hereby
incorporated by reference in this agreement.
I G. In the event of any conflict of provisions between this agreement and the
exhibits attached hereto, the provisions of this agreement shall be
controlling.
I IV. ACCEPTANCE
ACCEPTED, APPROVED, EXECUTED, and ENTERED into this agreement by the
Iauthorized parties as signed below:
CITY OF WYLIE GOVERNMENTAL SERVICE
111 AGENCY, INC.
T&AIL . (�
111 Mayor David K. Lewis, President
IIDate DateG�
II Page 5 of 5
City of Wylie
AGENDA COMMUNICATION
SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols
DATE REFERENCE NO. SUBJECT
1/11/94 4 Resolution in Support of Grant Application for School
Resource Officer
SUMMARY OF SUBJECT:
Attached is a resolution supporting a grant application to provide funding for a five-
year school resource officer program. Once the application is made and the City of
Wylie and Wylie I.S.D. will need to enter into a mutual agreement regarding the
administration and sharing of costs for the program. There is no financial
commitment at this time but should the grant application be approved, an interlocal
contract would come before the City Council for consideration. The grant would
provide 100% funding the first year, 80% the second, 60% the third, 40% the fourth,
arid pl% the fifth year
ALTERNATIVES:
(1) Approve the resolution
(2) Table Resolution
(3) Deny Resolution
ACTION REQUESTED:
Staff is recommending that Council approve the resolution as the application deadline
is January 14. Again, no commitment is being made on behalf of the City of Wylie
until the grant is approved and a mutual agreement is made between the City of
Wylie and Wylie I.S.D.
RATING SHEET FOR ADMINISTRATIVE CONSULTANTS
Rating Criteria
Community Qualifications
Development Cost, Familiarity of Firm and
Experience of Services with City Project Staff
Consulting Firm 35 Pts. Max. 20 Pts. Max. 20 Pts. Max. 25 Pts. Max TOTAL
1.
2.
3.
4.
5.
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ORDINANCE NO.
AN ORDINANCE WHEREBY THE CITY OF WYLIE, TEXAS, AND GTE
SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF
OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE
COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN,
MAINTAIN AND OPERATE IN , ALONG, UNDER, OVER AND ACROSS
THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS AND
PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES,
CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND
FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF
TELEPHONE AND OTHER COMMUNICATION SERVICES IN SAID CITY
AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE
TELEPHONE BUSINESS; PRESCRIBING THE CONDITIONS GOVERNING
THE USE OF PUBLIC RIGHT-OF-WAY FOR THE TELEPHONE
COMPANY'S TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE
ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE;
PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS;
PROVIDING FOR ASSIGNMENT; PROVIDING FOR A PERIOD OF
AGREEMENT; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR
EXCLUSION OF VIDEO SERVICES; PROVIDING FOR RELEASE OF ALL
CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE
DISPUTE RESOLUTION; PROVIDING FOR A LIMITATIONS PERIOD;
WYLIE2.NEW
1 12/13/93
PROVIDING FOR VENUE; PROVIDING FOR METHOD OF ACCEPTANCE;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, GTE Southwest Incorporated, hereinafter
referred to as the Telephone Company, is now and has been engaged
in the telecommunications business in the State of Texas and in
furtherance thereof, has erected and maintained certain items of
its physical plant in the City of Wylie, Texas, hereinafter
referred to as the City, for many years pursuant to such rights as
have been granted it by and under the laws of the State of Texas,
and subject to the reasonable exercise of the police powers granted
by and under said laws to the City; and
WHEREAS, the Telephone Company has operated its
telecommunications business in the City under successive ordinances
of the City, the last of which was Ordinance Number 80-17, adopted
November 11, 1980, which provided compensation to the City for the
superintendence of that agreement based upon a percentage of gross
receipts/revenues received by the Telephone Company from certain
local services rendered within the corporate limits of the City;
and
WHEREAS, it is recognized by the parties hereto that
changes in the telecommunications industry, changes in technology,
changes in state and federal law, and changes in the accounting
practices mandated by the Uniform System of Accounts promulgated by
WYLIE2.NEW
2 12/13/93
the Federal Communications Commission ( "FCC" ) , along with
regulatory requirements of the Public Utility Commission of Texas
( "PUC" ) , have caused the traditional method of determining the
amount of compensation to municipalities to become impractical for
telecommunications utilities. In order to address these issues in
a manner beneficial to both the City and the Telephone Company, the
City and the Telephone Company have chosen the method of
determining the amount of compensation provided for in this
Ordinance to eliminate the expense and time related to audits, to
achieve administrative simplicity, to provide the City with
predictable revenues and an opportunity for growth and to avoid the
expense and delays of litigation which could be necessary to
resolve any issues in controversy between the parties; and
WHEREAS, it is to the mutual advantage of both the City
and the Telephone Company that an agreement should be entered into
between the Telephone Company and the City establishing the
conditions under which the Telephone Company shall maintain and
construct its physical plant in the public rights-of-way within the
City's corporate limits in the future;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT:
WYLIE2.NEW
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SECTION 1. DEFINITIONS
Whenever used in this Ordinance, the following words and terms
shall have the definitions and meanings provided in this section:
(a) FACILITIES: All Telephone Company duct spaces, manholes,
poles, conduits, underground and overhead passageways, and other
equipment, structures and appurtenances and all associated
Transmission Media, which are located in the City Rights-of-Way.
(b) TRANSMISSION MEDIA: All Telephone Company cables, fibers,
wires or other physical devices used to transmit and/or receive
communication signals, whether analog, digital or of other
characteristics, and whether for voice or data or other purposes,
which are located in the City Rights-of-Way.
(c) RIGHTS-OF-WAY: All present and future streets, avenues,
highways, alleys, bridges, viaducts and public grounds within the
city limits of the City.
(d) CITY: The City of Wylie, Texas.
(e) Telephone Company: GTE Southwest Incorporated.
SECTION 2. CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND
SERVICE
Pursuant to the laws of the State of Texas, the Telephone Company
has the non-exclusive right and privilege to use and occupy the
WYLIE2.NEW
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public rights-of-way in the City for the operation of a
telecommunications system. The Telephone Company' s facilities and
Transmission Media used in or incident to the provision of
telecommunications service and to the maintenance of a
telecommunications business by the Telephone Company in the
City shall remain as now constructed, subject to such changes as
under the conditions prescribed in this Ordinance may be considered
necessary to the public health and safety by the City in the
exercise of its lawful police powers and such changes and
extensions as may be considered necessary by the Telephone Company
in the pursuit of its telecommunications business. The terms of
this Ordinance shall apply throughout the City, and shall include
the provision of telecommunications services in any newly annexed
areas upon the effective date of such annexation.
SECTION 3. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS
All poles to be placed shall be of sound material and reasonably
straight, and shall be so set that they will not interfere with the
flow of water to any gutter or drain, and so that the same will
interfere as little as practicable with the ordinary travel on the
street or sidewalk. The location and route of all poles, stubs,
guys, anchors, conduits, cables and any other facilities to be
placed and constructed by the Telephone Company in the construction
and maintenance of its telecommunications system in the City, and
the location of all conduits to be laid by the Telephone Company
within the limits of the City under this Ordinance, shall be
WYLIE2.NEW
5 12/13/93
subject to the reasonable and proper regulation , control and
direction of the City Council or of any City official to whom such
duties have been or may be delegated.
Nothing in this Ordinance is intended to add to or detract from any
authority granted by the Legislature of the State of Texas to the
City.
SECTION 4. ATTACHMENTS TO POLES AND SPACE IN DUCTS
Nothing contained in this Ordinance shall be construed to require
or permit any pole attachments for electric light or power wires or
communications facilities or systems not provided by the Telephone
Company to be attached to the Telephone Company's poles or other
physical plant or placed in the Telephone Company's conduit. If
the City desires pole attachments for electric light or power wires
or communications facilities or systems not provided by the
Telephone Company, or if the City desires to place communications
facilities or systems not provided by the Telephone Company in any
Telephone Company duct, then a further separate, noncontingent
agreement shall be prerequisite to such attachment(s) or such use
of any duct by the City. Nothing contained in this Ordinance shall
obligate or restrict the Telephone Company in exercising its rights
voluntarily to enter into pole attachment, pole usage, joint
ownership or other wire space or facilities agreements with light
and/or power companies or with other wire-using companies which are
WYLIE2.NEW
6 12/13/93
authorized to operate within the City.
SECTION 5. STREETS TO BE RESTORED TO GOOD CONDITION
The surface of any street, avenue, alley, highway, viaduct or
public ground within the City disturbed by the Telephone Company in
building, constructing, renewing, or maintaining its
telecommunications system shall be restored to substantially the
same state and condition as the same existed prior to disturbance
by the Telephone Company within a reasonable time after completion
of the work in compliance with the applicable provisions of the
Code of Ordinances and maintained to the satisfaction of the City
Council, or of any City official to whom such duties have been or
may be delegated, for a period of one ( 1) year following completion
of the restoration, after which time responsibility for the
maintenance shall revert to the City. No such street, avenue,
alley, highway, viaduct or public ground shall be encumbered for a
longer period than shall be necessary to execute the work.
SECTION 6. TEMPORARY REMOVAL OF AERIAL WIRES
The Telephone Company on the request of any person shall remove or
raise or lower its wires within the City temporarily to permit the
moving of houses or other bulky structures. The expense of such
temporary removal, raising or lowering of wires shall be paid by
the benefitted party or parties, and the Telephone Company may
require such payment in advance. The Telephone Company shall be
given not less than forty-eight (48) hours advance notice to
WYLIE2.NEW
7 12/13/93
arrange for such temporary wire changes. The clearance of wires
above ground shall conform to the basic standards of the National
Electrical Safety Code, National Bureau of Standards, United States
Department of Commerce, as promulgated at the time of erection
thereof.
SECTION 7. TREE TRIMMING
In the pursuit of maintaining its telecommunications system, the
Telephone Company, its contractors, agents, successors and assigns
shall have the right to trim trees upon and overhanging the
streets, avenues, alleys, bridges, viaducts and public grounds of
the City, so as to prevent the branches of such trees from coming
in contact with the wires, cables or other facilities of the
Telephone Company, and when so ordered by the City, said trimming
shall be done under the supervision and direction of the City
Council or of any City official to whom said duties have been or
may be delegated.
SECTION 8. COMPENSATION TO THE CITY
(a) As compensation for the Telephone Company's use and occupancy
of the City's rights-of-way and for the City's oversight and
supervision of such use and occupancy, in consideration for all
other agreements and promises made herein by the City and in lieu
of and in full compensation for any lawful tax, license, charge,
right-of-way permit fee or inspection fee, whether charged to the
WYLIE2.NEW
8 12/13/93
Telephone Company or its contractor(s) , or any right-of-way
easement or street or alley rental or franchise tax or other
character of charge for the use and occupancy of the rights-of-way
within the City, except the usual general ad valorem taxes, special
assessments in accordance with State law or sales taxes now or
hereafter levied by the City in accordance with State laws, the
City hereby imposes upon the Telephone Company, and the Telephone
Company agrees to pay, an annual fee (the "Annual Fee" . ) The
amount of the "Annual Fee" for the first twelve month period
( "year" ) following the effective date of this Ordinance shall be
$ . In no event shall the "Annual Fee" be less
than the above amount for each year this Ordinance is in effect,
except as provided in the case of disannexation as set forth in
paragraph 8(e) , or as provided in Section 13 herein.
The Telephone Company will bill the "Annual Fee" pro rata, to its
customers residing within the corporate limits of the City. The
pro rata charge to each customer shall be calculated as follows:
Not later than the date the Telephone Company accepts this
Ordinance, and three months prior to each subsequent anniversary
date of this Ordinance, the Telephone Company shall determine the
"Customer Fee. " To determine the "Customer Fee" , the "Annual Fee"
shall be divided by twelve ( 12) ; the result shall then be divided
by the sum of the weighted local exchange access lines as
determined by applying appropriate allocation factors to the number
of access lines in each class of service. The resultant will be
WYLIE2.NEW
9 12/13/93
the "Customer Fee. " For purposes of this calculation, "local
exchange access lines" shall be defined as residence, single line
business, multi-line business, Centrex, Centranet, key lines and
PABX trunks. The number of such access lines shall be determined
for the end of the month prior to the month in which this agreement
is finally passed by the City. Each residential customer shall pay
for each residential local exchange access line, a monthly amount
equal to the "Customer Fee. " Each business customer shall pay for
each business local exchange access line a monthly amount weighted
and calculated according to the business customer's class of
service.
The Telephone Company shall annually adjust its billings to
customers to account for any undercollection or overcollection of
the "Annual Fee" due the City.
For the second and subsequent years while this Ordinance remains in
effect, the "Annual Fee" shall be increased by a Growth Factor of
six (6) percent per year. This adjustment for the Growth Factor
will be made effective as of each anniversary date of this
Ordinance.
(b) The "Annual Fee" for each year shall be paid in four equal
payments. The due dates shall be February 28, May 31, August 31
and November 30 of each year. The first payment under this
Ordinance is due on . In the event of any over or
WYLIE2.NEW
10 12/13/93
undercollection from customers, then the Telephone Company may make
a pro rata credit or charge to the customer billing for affected
customers at the end of each calendar year. No such adjustment may
be made more than 150 days following the date of expiration of this
Ordinance. If, however, it is impractical to credit any
overcollection to customers, then such overcollection shall be paid
to the City and credited to the next year's "Annual Fee" , and the
Customer Fee appropriately adjusted to reflect such credit.
(c) Payment of the "Annual Fee" shall not relieve the Telephone
Company from paying all applicable municipally-owned utility
service charges. Should the City not have the legal power to agree
that the payment of the foregoing charge shall be in lieu of the
taxes, licenses, charges, rights-of-way permit or inspection fees,
rentals, rights-of-way easements or franchise taxes as described in
Section 8(a) above, then the City agrees that it will apply so much
of such payments as may be necessary to the satisfaction of the
Telephone Company's obligation, if any, to pay any such taxes,
licenses, charges, rights-of-way permit or inspection fees,
rentals, rights-of-way easements or franchise taxes.
(d) In the event that either ( 1) territory within the boundaries of
the City shall be disannexed and a new incorporated municipality
created which includes such territory or (2) an entire, existing
incorporated municipality shall be consolidated or annexed into the
WYLIE2.NEW
11 12/13/93
City, then notwithstanding any other provision of this Ordinance,
the Annual Fee shall be adjusted. To accomplish this adjustment,
within sixty (60) days following the action effecting a
disannexation/annexation as described above, the City shall provide
the Telephone Company with maps of the affected area(s) showing the
new boundaries of the City.
In the event of an annexation as described above, the Annual Fee
paid to the City will be adjusted to include the amount of the
Annual Fee paid by the Telephone Company to the existing
incorporated municipality being annexed. In the event that the
annexed municipality had no ordinance imposing an Annual Fee or in
the event of a disannexation, then the adjustment to the Annual Fee
will be made based on the City's net gain or loss of telephone
subscribers using the same methodology prescribed in section 10(a)
above. The effective date of the adjustment shall be within 120
days following the annexation/disannexation action by the City,
provided that the City will have supplied the appropriate
annexation/disannexation maps to the Telephone Company in
accordance with the provisions herein.
SECTION 9. SUCCESSORS AND ASSIGNS
The rights, powers, limitations, duties and restrictions herein
provided for shall inure to and be binding upon the parties hereto
WYLIE2.NEW
12 12/13/93
and upon their respective successors and assigns.
SECTION 10. PERIOD OF AGREEMENT
This agreement shall be in full force and effect for the period
beginning with the effective date hereof and ending five (5) years
after such date. This Ordinance shall be extended for an
additional five (5) year period unless either party notifies the
other party in writing, delivered no less than ninety (90) days
prior to the last day of the initial term, that it declines to
renew this Ordinance.
SECTION 11. MUTUAL RELEASES
The City hereby fully releases, discharges, settles and compromises
any and all claims which the City has made or could have made
arising out of or connected with Ordinance Number 80-17, adopted
November 11, 1980, and renewed or extended from time to time
thereafter, and its predecessor ordinances, if any, (hereinafter
referred to collectively as "Ordinance 80-17" This full and
complete release of claims for any matters under Ordinance 80-17
shall be for the benefit of GTE Southwest Incorporated; its parent;
its affiliates; their directors, officers and employees; successors
and assigns; and includes any and all claims, actions, causes of
action and controversies, presently known or unknown, arising
directly or indirectly out of or connected with the Telephone
Company's obligations to the City pursuant to the provisions of
WYLIE2.NEW
13 12/13/93
Ordinance 80-17. GTE Southwest Incorporated, its parent,
affiliates, successors and assigns hereby fully release, discharge,
settle and compromise any and all claims, actions, causes of action
or controversies heretofore made or which could have been made,
known or unknown, against the City, its officers or its employees,
arising directly or indirectly out of or connected with any matters
under Ordinance 80-17.
It is the intent of the City and the Telephone Company to enter
into the foregoing mutual releases in order to reach a compromise
that is acceptable to both the City and the Telephone Company.
This Ordinance and the mutual release set forth in this Section
represent a compromise of each party's claims as well as each
party's defenses, and is not intended to be and is not an admission
of liability or vulnerability by either party to the other with
respect to either the claims or the defenses asserted or which
could be asserted against the other.
SECTION 12. FUTURE CONTINGENCIES
Notwithstanding anything contained in this Ordinance to the
contrary, in the event that ( 1) this Ordinance or any part hereof,
(2 ) any tariff provision by which the Telephone Company seeks to
collect the charge imposed by this Ordinance, or (3) any procedure
provided in this Ordinance, or (4 ) any compensation due the City
under this Ordinance, becomes, or is declared or determined by
judicial, administrative or legislative authority exercising its
WYLIE2.NEW
14 12/13/83
jurisdiction to be excessive, unrecoverable, unenforceable, void,
unlawful or otherwise inapplicable, in whole or in part, the
Telephone Company and the City shall meet and negotiate in good
faith to obtain a new ordinance that is in compliance with the
authority' s decision or enactment; and, unless explicitly
prohibited, the new ordinance shall provide the City with a level
of compensation comparable to that set forth in this Ordinance so
long as such compensation is recoverable by the Telephone Company
in a mutually agreed manner permitted by law for the unexpired
portion of the term of this Ordinance.
SECTION 13. GOVERNING LAW
(a) This Ordinance shall be construed in accordance with the City
Charter and City Codes in effect on the date of passage of this
Ordinance to the extent that such Charter and Codes are not in
conflict with or in violation of the Constitution and laws of the
United States or the State of Texas.
(b) This Ordinance shall be construed and deemed to have been
negotiated at arms length and drafted by the combined efforts of
the City and the Telephone Company.
SECTION 14. ALTERNATE DISPUTE RESOLUTION
(a) Notwithstanding any other provision of this Agreement, the
Parties hereto agree that any claim, cause of action or other
dispute based upon or arising out of this Agreement (a "dispute" )
WYLIE2.NEW
15 12/13/93
shall be conducted, decided, determined and/or resolved pursuant to
and in accordance with the provisions of this Section. The parties
desire to resolve disputes arising out of this Ordinance without
litigation. Accordingly, in the event of any dispute hereunder,
the parties hereto agree to attempt in good faith to resolve their
dispute between themselves. At the written request of a party,
each party will appoint a knowledgeable, responsible representative
to meet and negotiate in good faith to resolve any dispute arising
under this Ordinance. The parties intend that these negotiations
be conducted by non-lawyer, business representatives.
(b) Except for action seeking a temporary restraining order or
injunction related the purposes of this Ordinance, or suit to
compel compliance with this dispute resolution process, the parties
agree to use the following alternative dispute resolution
procedure, and also agree not to sue any party to this Ordinance
with respect to any controversy or claim arising out of or relating
to this Ordinance or its breach prior to exhausting the procedures
set out in this Section.
(c) In the event of any dispute hereunder, the Parties hereto
agree to attempt in good faith to resolve their dispute between
themselves. If the Parties are unable to settle their dispute
within sixty (60) days of the initial request, either party may, on
written notice to the other party, initiate non-binding mediation
before a single mediator affiliated with Judicial Arbitration and
Mediation Services, Inc. ( "JAMS" ) in Dallas County, Texas, or
another mediation service mutually agreeable to the parties.
WYLIE2.NEW
16 12/13/93
Mediation is a forum in which an impartial person, the Mediator,
facilitates communication between the Parties to promote
reconciliation, settlement, or understanding among them. A
Mediator may not impose his own judgment on the issues for that of
the Parties. Unless expressly authorized by the Parties, the
Mediator may not disclose to either party information given in
confidence by the other and shall at all times maintain
confidentiality with respect to communications relating to the
subject matter of the dispute. Unless the Parties agree otherwise,
all matters, including the conduct and demeanor of the Parties and
their counsel during mediation, are confidential and shall be
inadmissible as settlement discussion pursuant to Rule 408 of the
Federal Rules of Evidence or the applicable state rules. The
Mediator shall be selected by agreement of the Parties within
thirty (30) days after a Party first requests mediation of the
other. If a single mediator cannot be agreed upon, then each Party
shall select its own Mediator from those on the JAMS or other
mutually acceptable mediation service's approved list; those two
mediators will then select a third independent Mediator who will
conduct the mediation session(s) . The Mediator's fees will be
borne equally by both Parties. In the event mediation is
requested, the applicable statutes of limitations shall be
automatically tolled until the Mediator declares an impasse.
SECTION 15. LIMITATIONS PERIOD
The City and the Telephone Company mutually agree that any dispute,
WYLIE2.NEW
17 12/13/93
claim or cause of action one party may have against the other party
arising from or in any way related to this Agreement must be
brought to the attention of the other party, by written notice
received no later than four (4 ) years from the date of the act or
omission giving rise to the dispute, claim or cause of action;
otherwise, such dispute, claim or cause of action shall be waived
and the party asserting such dispute, claim or cause of action
shall be barred from pursuing the same.
SECTION 16. EXCLUSION OF VIDEO SERVICES
This Ordinance does not authorize the Telephone Company to provide
cable television or other video programming service as a cable
operator in the City.
SECTION 17. INDEMNITY
The Telephone Company shall indemnify and hold the City harmless
from all costs, expenses (including reasonable attorney's fees) and
damages to persons or property arising directly or indirectly out
of the construction, maintenance or operation of the Telephone
Company' s facilities, to the extent such costs, expenses and
damages are found to be caused by the negligence of the Telephone
Company. The Telephone Company shall have no duty to indemnify the
City for any costs, expenses, or damages to the extent such costs,
expenses, or damages are found to be caused by the negligence of
any other person or entity. This provision is not intended to
create a cause of action or liability for the benefit of third
WYLIE2.NEW
18 12/13/93
parties but is solely for the benefit of the Telephone Company and
the City.
SECTION 18. REPEAL OF CONFLICTING PROVISIONS
All other ordinances and agreements and parts of agreements and
ordinances in conflict with the provisions of this Ordinance,
specifically including, without limitation, Ordinance No. 80-17,
are hereby repealed.
SECTION 19. VENUE
Venue for any proceeding under this Agreement shall be in Collin
County, Texas.
SECTION 20. NOTICE
For any purposes related to this Ordinance, notice to the City
shall be to:
City Manager
City of Wylie, Texas
P. 0. Box 428
Wylie, Texas 75098
Notice to the Company shall be to:
Area Manager-Municipal Affairs
GTE Southwest Incorporated
P.O. Box 1001 MC TXD01214
San Angelo, TX 76902
WYLIE2.NEW
19 12/13/83
Notice will be effective upon delivery at the above addresses until
the City or the Company notifies the other, in writing, of a change
of address.
SECTION 21. PARTIAL INVALITY AND REPEAL PROVISIONS
If any Section, sentence, clause or phrase of this Ordinance is for
any reason held to be illegal, ultra vires or unconstitutional,
such invalidity shall not affect the validity of the remaining
portions of this Ordinance.
Section 22. MOST FAVORED CITY PROVISION
This ordinance governing street use may be amended at any time by
the mutual written agreement of the City and the Telephone Company.
It is understood that the Telephone Company is currently in the
process of negotiating similar ordinances and agreements with other
cities throughout the State. It is understood and agreed if an
ordinance or agreement governing street use with another city in
this state contains a provision which the City feels would be more
advantageous to it than the terms hereof, the City may require that
portion of this Ordinance be reopened for negotiation and the
Telephone Company agrees to amend this Ordinance so as to provide
similar provisions for the City. The intent of the parties is that
the City will be entitled to treatment comparable to that which was
afforded under the ordinance or agreement with the other city
giving due consideration to the contextual meaning of the provision
on which renegotiation is sought and the effect of the proposed
WYLIE2.NEW
20 12/13/93
amendment result in a higher level produced by the methodologies
utilized by the Telephone Company to calculate compensation to
other cities in Texas nor may an amendment be applied
retroactively. For the purpose of this section, the Telephone
Company shall, on request of the City, provide the City a copy of
any street use ordinance, franchise or similar agreement it enters
into with any Texas city during the term of this ordinance.
SECTION 23. ACCEPTANCE OF AGREEMENT
The Telephone Company shall have sixty (60) days from and after the
passage and approval of this Ordinance to file its written
acceptance thereof with the City Secretary. Upon such filing, this
Ordinance shall take effect and the effective date of this
Ordinance shall be deemed to be the first day of the calendar
quarter in which the acceptance is filed and it shall be in force
from and after such date, and shall effectuate and make binding the
agreement provided by the terms hereof.
APPROVED this day of , A.D. 19
MAYOR
ATTEST:
City Secretary
WYLIE2.NEW
21 12/13/G3
The City, acting herein by its duly constituted
authorities, hereby waives the three separate meetings and hereby
declares the foregoing Ordinance passed and finally effective as of
this day of , 19
MAYOR
Council Member
Council Member
Council Member
Council Member
Council Member
WYLIE2.NEW
22 12/13/93
The above and foregoing ordinance read, adopted on first reading
and passed to second reading by the following votes, this the
day of , 19 , at a regular session of the
City Council.
Mayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
The above and foregoing ordinance read, adopted on the second
reading and passed to the third reading by the following votes,
this the day of , 19 , at a regular session
of the City Council.
Mayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
The above and foregoing ordinance read, adopted on the third
reading by the following votes, this the day of
, 19 , at a regular session of the City Council.
Mayor, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
Council Member, voting
WYLIE2.NEW
23 12/13/93
STATE OF TEXAS §
§
COUNTY OF COLLIN §
I, , City Secretary of the City
of Wylie, Texas, do hereby certify that the above and foregoing is
a true and correct copy of the right-of-way rental agreement
between the City of Wylie, Texas, and GTE Southwest Incorporated as
indicated herein. The same is now recorded in Volume , Page
, of the Ordinance Records of the City of Wylie, Texas.
WITNESS MY HAND this the day of
A.D. 19
City Secretary
(Seal)
24 12/13/93
ACCEPTANCE
WHEREAS, the City Council of the City of Wylie, Texas, did
on the day of , 19 , enact an Ordinance
entitled:
AN ORDINANCE WHEREBY THE CITY OF WYLIE, TEXAS, AND GTE
SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF
OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE
COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN
AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS THE STREETS,
AVENUES, ALLEYS, BRIDGES, VIADUCTS AND PUBLIC GROUNDS OF
THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND
OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR
CONVENIENT FOR RENDITION OF TELEPHONE AND OTHER
COMMUNICATION SERVICES IN SAID CITY AND FOR CONDUCTING A
GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS;
PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC
RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY ' S
TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE ANNUAL
COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PROVIDING
AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING
FOR ASSIGNMENT; FOR A PERIOD OF AGREEMENT; FOR FUTURE
CONTINGENCIES; FOR REPEAL OF CONFLICTING ORDINANCES; FOR
EXCLUSION OF VIDEO SERVICES; FOR RELEASE OF ALL CLAIMS
UNDER PRIOR ORDINANCES; FOR ALTERNATE DISPUTE RESOLUTION;
FOR A LIMITATIONS PERIOD; FOR VENUE; AND FOR METHOD OF
ACCEPTANCE;
and
WHEREAS, said Ordinance was on the day of
, 19 duly approved by the Mayor of said City and
the seal of said City was thereto affixed and attested by the City
Secretary;
NOW THEREFORE, in compliance with the terms of said
Ordinance as enacted, approved and attested, GTE Southwest
Incorporated hereby accepts said Ordinance and files this its
written acceptance with the City Secretary of the City of Wylie,
Texas, in his office.
Dated this day of , A.D. 19
GTE SOUTHWEST INCORPORATED
By:
Vice President
ATTEST:
Assistant Secretary
25 12/13/93
Acceptance filed in the office of the City Secretary of Wylie,
Texas, this day of , A.D. 19
City Secretary
26 12/13/93