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02-22-1994 (City Council) Agenda Packet WYLIE CITY COUNCIL February 22, 1994 7:00 P.M. MUNICIPAL COMPLEX AGENDA Wylieo City Council February 22, 1994 r Wylie Municipal Complex 7:00 p.m. CALL TO ORDER " L ,� INVOCATION d" �p PLEDGE OF ALLEGIANCE OATH OF OFFICE - Dave Brungardt, Chief of Police CONSENT AGENDA vopb 1. Minutes of February 8 and February 15 10 2. Consider Approval of a Resolution Declaring the Week of February 28th as Public Schools Week 3. Consider Approval of a Resolution Designating the Month of April as Fair Housing Month 4. Consider Approval of a Resolution Declaring April 14, 1994 as Student Government Day ACTION ITEMS 5. Discuss and Consider Revised Guidelines for the - , -p N, Administration of the Urgent Need Grant \h' Discuss and Consider Approval of an Interlocal Agreement with Collin County for Road Maintenance 7. Discuss and Consider Approval of an Agreement with First Southwest for Cable Regulation Review 8. Discuss and Consider Authorizing Final Payment to Rhode Construction for Newport Harbor Booster Pump Station 9. Discuss and Consider Approval of a Resolution Accepting Certain Efforts to Comply with Ordinance 93-57, an SUP for an Auction House in Retail Zoning STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 10. Hold Executive Session Under 551.074, Government Code to Discuss: 1. Personnel: Evaluation of City Manager 2. -Personnel: Evaluation of Municipal Court-Judge Z3. P of E11ectioTfJarges 11. Reconvene Into Regular Session and Take Action Resulting From Executive Session ADJOURNMENT air/AD Posted is th 18th ay of February, 1994 at 5:00 p.m. - .49 41 M., 1 MINUTES OF THE WYLIE CITY COUNCIL FEBRUARY 15,1994 WORKSESSION CALL TO ORDER Mayor John. Akin called the meeting to order with the following Councilmembers present: Bud Naish, Reta Allen, Ortie Messenger, and John Mondy. Steve Wright arrived later in the meeting. ORDINANCE 94-5 EXTENDING A TCI CABLE REPLY DEADLINE AND ENACTING RELATED PROVISIONS Norwood explained that several cities would be hiring a consult to conduct an evaluation of the TCI rate structure and the City had the ability to extend for 90 days the period in which the City must determine the reasonableness of the rates. He explained that the ordinance proposed extended the 30 day review period for an additional 90 days. Naish made a motion to approve the ordinance. Allen seconded the motion. The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYUE, TEXAS, EXTENDING THE TIME IN WHICH THE CITY HAS TO DETERMINE THE REASONABLENESS OF THE RATES OF ITS CABLE FRANCHISEE, TCI CABLEVISION OF TEXAS, INC. AND FILE A RESPONSE IN ACCORDANCE WITH SUCH DETERMINATION, FROM FEBRUARY 17, 1994 TO MAY 18, 1994; REPEALING ALL CONFUCTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE DISCUSSION REGARDING PROPOSED BUDGET AMENDMENTS Fire Chief Shan English, addressed the Council to review the budget expenditures in the fire department and outline new safety, maintenance and public relations programs proposed for funding in the current and next budget year. English answered questions of Council regarding his qualifications, previous experience, and goals for the department. DISCUSSION REGARDING CODE ENFORCEMENT PRIORITIES Russell Wyman, Building Official, discussed current activities within the Code Enforcement Department, departmental changes and departmental priorities. WATER & SEWER PROJECTS Council discussed prospective water and sewer projects and a possible bond election in future months to help fund the improvements. ADJOURNMENT As there was no further business to come before the Council, the meeting adjourned. APPROVED ATTEST City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT - 2/18/94 2 Resolution Regarding Public Schools Week SUMMARY OF SUBJECT: Attached is a resolution declaring the Week beginning February 28th as Public Schools Week: This is a resolution we also passed last year. Betty Stephens will be present with representatives of the school campuses to receive the resolution.f ALTERNATIVES: (1) Approve the resolution 1 (2) Take no action at this time f' (3) Deny the Resolution ACTION REQUESTED: Staff is_recommending .that Council approve the resolution. _ Rrztdution cWhereas, the public schools are an important and integral part of our society; and cWhereas, the concept of a free and equal education is an American tradition and this country's strength; and cWhereas, the students of today are the leaders of tomorrow; and cWhereas, all citiEens have a responsibility to support the public schools; Tow, therefore be it resolved by the City Council of the City of Wylie, gexas that: Section 1. The City Council does hereby declare the week of February 28 through March 4, 1994 as 3exas ¶ublic Schools cWeek Section 2. All citiEens of CWylie are hereby urged to make a commitment to public education and to the future of the City of Wylie by visiting their local public schools and by donating their time and talents to help make public schools even better. Duly approved on this the 22nd day of February, 1994. John (W. Agin, Mayor fittest City of Wylie AGENDA COMMUNICATION City Secretary Mary Nichols SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 2/18/94 3 Resolution Declaring April as Fair Housing Month SUMMARY OF SUBJECT: Attached is a resolution declaring the April as Fair Housing Month. This resolution is -. needed as a condition to our receiving the Urgent Need Grant for disaster relief. This same resolution will also be needed later when we are awarded the Water & Sewer grant. ALTERNATIVES: (1) Approve the resolution (2) Take no action at this time (3) Deny the Resolution ACTION REQUESTED: Staff is recommending that Council approve the resolution. CITY OF WYLIE, TEXAS RESOLUTION NO. A RESOLUTION DESIGNATING THE MONTH OF APRIL, 1994 AS FAIR HOUSING MONTH AND SUPPORTING FAIR HOUSING ACTIVITIES WITHIN THE CITY. Whereas , the City desires to develop a community that offers an opportunity for each citizen to obtain fair housing without regard to race, color, sex, religion, or national origin through fair, orderly and lawful procedures; and Whereas, the City recognizes that the denial of fair housing for each citizen through the considerations based on race, color, sex, religion, or national origin is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of such rights which is in the power and proper responsibility of government to prevent; and Whereas, the City desires to affirmatively further fair housing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: The City of Wylie hereby proclaims the month of April, 1994 as Fair Housing Month and all citizens are encouraged to join activities designed to further the fair housing objectives of Title VIII of the Civil Rights Act of 1968. Approved and Resolved this day the of , 1994, by the City Council of the City of Wylie, Texas. APPROVED: Mayor ATTEST: City Secretary City of Wylie AGENDA COMMUNICATION City Secretary Mary Nichols SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 2/18/94 4 Resolution Declaring April 14 As Student Government nay _ SUMMARY OF SUBJECT: Attached is a resolution declaring the April 14th as Student Government Day for seniors at Wylie High School. Last year's program is being considered highly successful by school officials and Betty Stephens tells us that the seniors are anxiously awaiting the program as they were not able to participate last year. W f ALTERNATIVES: (1) Approve the resolution ... (2) Take no action at this time (3) Deny the Resolution ACTION REQUESTED: Staff is recommending that Council approve the resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING APRIL 14, 1994 AS STUDENT GOVERNMENT DAY FOR THE WYLIE INDEPENDENT SCHOOL DISTRICT WHEREAS, In 1993, the City of Wylie accepted the invitation of the Wylie Independent School District to participate in a Partners in Education Program, and WHEREAS, The City Council of the City of Wylie recognizes the significance of city government in local government education, and WHEREAS, The City of Wylie is still committed to Wylie High School as its partner in education, and WHEREAS, the City Council of the City of Wylie is anxious to support community involvement and local government education, share the City's educational resources, and promote open communication between the Wylie Independent School District and the City of Wylie NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Wylie that: SECTION 1. That the City Council of the City of Wylie does hereby declare April 14, 1994 as Student Government Day for the seniors at Wylie High School. SECTION 2. That the City of Wylie will make every effort to increase local government understanding and awareness at Wylie High School through educational programs, participation in school activities and local government official accessibility to the High School students. DULY PASSED AND APPROVED this the 22nd day of February, 1994. APPROVED ATTEST City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT - 2/18/94 5 Revised Guidelines for Administration of Urgent Need Grant SUMMARY OF SUBJECT: We have received a letter from the State instructing us to make certain changes in the guidelines we presented for administration of the grant. These changes are outlined -.- in a memo from GSA attached hereto. None of the changes are significant to the applicants who have already applied and the State has approved our proposed amendments. ,. ALTERNATIVES: (1) Approve the guidelines (2) Take no action at this time (3) Deny the Revised guidelines j ACTION REQUESTED: i ---- 7 7- .;f7..:-_4 _ :. ___ Staff is recomr grldioglhat CounciLappr_ove he-_guidelines-as revised. GSA GOVERNMENTAL SERVICE AGENCY, INC. � February 4, 1994 Ms.Mary Nichols City Secretary City of Wylie P. O. Box 428 Wylie,Texas 75098-0428 Dear Ms. Nichols: Please find attached a copy of the Revised Disaster Relief Program Guidelines which should be adopted by the City Council. It is necessary to adopt these revised guidelines in order to address the comments and recommendations of Mr.Gus Garcia with the Texas Department of Housing and Community Affairs. Mr. Garcia recommended that the two guidelines for the Rehabilitation and Relocation Program be combined into one. Other changes included: (1) Changing the name of the guidelines to "Disaster Relief Guidelines" rather than separate guideline names of Homeowner Rehabilitation and Voluntary Relocation Program Guidelines. (2) Clarifying that homes repaired do not have to be in compliance with HUD's Section Housing Quality Standards and city codes but rather only the work actually done. (3) Requiring flood insurance to be in-place for at least one year from the date grant assistance is provided if the dwelling is in a flood prone area. The previous guideline proposed to prohibit the expenditure of funds in flood plain areas. (4) Eliminating the requirement that applicants must be a U.S. citizen. The only residency requirement now is that the applicant must have been a citizen of Wylie on May 9, 1993. (5) Requiring the abatament of lead-based paint in units built before 1978 where lead based paint is detected. (6) Increasing the contractor's warranty period for rehabilitation work from six (6) months to one (1) year. These revised guidelines have been submitted to Mr. Garcia and now meet his approval. In addition, I have amended the guidelines to require that Texas Historical Commission approval be obtained for all structures built prior to 1950. Previously the guidelines required approval for all structures at least 50 years of age. This new requirement follows the procedures set forth by this agency as a result of submitting the environmental review information to them. If you have any questions,please call me. Sincerely, GOVERNMENTAL SERVICE AGENCY,INC. David K. Lewis President 9500 Forest Lane, Suite 408 Dallas, Texas 75243 (214) 342-1892 Fax (214) 342-1896 CITY OF WYLIE, TEXAS REVISED DISASTER RELIEF PROGRAM GUIDELINES Sec. 1: PURPOSE A. The purpose of the rehabilitation program is to provide financial assistance to tornado victims in order to make repairs to their homes as a result of the damages caused by the tornado of May 9, 1993. B. The purpose of the relocation program is to provide financial assistance to homeowners whose homes sustained extensive damage from the May 9, 1993 tornado and to assist the homeowner with acquiring suitable and affordable replacement housing. C. This program shall be operated in accordance with all applicable rules and regulations of the City of Wylie and the Texas Department of Housing and Community Affairs. Sec. 2: DESIGNATED AUTHORITY TO ADMINISTER PROGRAM The City Manager shall be responsible for the overall administration of the disaster relief programs. The City Manager shall have the authority to delegate any duties in carrying out the components of the program (e.g., taking applications,verifying eligibility,preparing work write-ups and bidding documents, and conducting inspections). Sec. 3: RECIPIENT ELIGIBILITY & PROPERTY REQUIREMENTS A. To qualify for rehabilitation assistance,the applicant must be an individual or family who owns and occupies or intends to re-occupy a single family dwelling within the City of Wylie that was damaged by the tornado of May 9, 1993. B. To qualify for relocation assistance,the applicant must be an individual or family who owned a single family home that was damaged by the tornado of May 9, 1993 and (1) has not been able to obtain affordable housing since the tornado, (2) the applicant's home has been determined not feasible to rehabilitate because the dwelling is too deteriorated. The applicant must occupy or currently intend to re-occupy a single family dwelling unit within the City of Wylie. C. The applicant will be considered the owner if he or she: (1) Is the "owner of record" on the books at the County Court House; (2) Possesses a valid contract for deed which has been or may be filed for record with the County Clerk's office and which includes reasonable rights of redemption and quiet and peaceable possession of the property; or (3) Possesses a life estate which has been, or may be, filed for record at the County Clerk's office. D. The applicant must provide a release authorizing the City to demolish his or her current occupied dwelling if the dwelling has been condemned and declared unfit for habitation, and further release the City from all claims arising therefrom. Page 1 of 8 E. Since Community Development funds are intended to serve low and moderate income residents or hardship cases who have no other means of financing repair or improvements, such funds shall not be made available to any applicants who have substantial financial resources available. The Housing Advisory Committee will be responsible for determining whether applicants, in their opinion,have substantial financial resources. F. The owner must furnish evidence that the residence is insured with fire and casualty insurance in an amount sufficient to cover the fair market value of the dwelling after rehabilitation or the replacement dwelling,if applicable. G. If the property is located in a flood hazard area,flood insurance will be required to be in place at the time assistance is provided by the City. Flood insurance coverage must be effective for at least one year from the date grant assistance is provided to the applicant. H. The applicant must had been a resident of Wylie on May 9, 1993. I. All property taxes shall be paid on the property prior to the award of the grant,or the property owner must have qualified for and received the tax deferral as allowed under Section 33.06 of the Texas Property Tax Code. J. No member of the governing body of the City and no other official, employee or agent of the City who exercises policy or decision-making functions or responsibilities in connection with the planning and implementation of these diaster relief programs shall be eligible for rehabilitation assistance. Sec. 4: ELIGIBLE IMPROVEMENTS & EXPENSES A. Rehabilitation funds shall be used for those repairs and/or replacements which are necessary to bring the affected property to pre-tornado condition. All repair work will be done in compliance with HUD's Section 8 Housing Quality Standards and local building codes. B. Relocation funds shall be used to assist the tornado victims in the provision of affordable replacement housing (e.g., down payment, principal and interest subsidy,repairs). The City may pay, as part of the relocation payment, the cost of utility transfers and hook-ups, closing and settlement costs related to the purchase of the replacement dwelling,demolition and removal of the applicant's condemned dwelling. C. All improvements must be physically attached to the property and be permanent in nature. No personal property shall be acquired with grant funds. Landscaping improvements are not eligible improvements except where landscaping of the grounds is necessary for adequate drainage. D. Refrigerators, microwaves, and other appliances such as washing machines and dryers (excluding air conditioning/heating systems,hot water heaters, built-in kitchen stoves/ovens) are not eligible items under this program. Also, grant funds may not be used for garage door openers, security systems, swimming pools, fences, detached storage buildings, and television satellite dishes. E. Lead-based paint abatement shall be required in units built before 1978 where lead based paint was detected. The use of lead based paints is prohibited. F. All City building permits shall be obtained by the contractor at his/her expense and may be included as part of the bid. Page 2 of 8 Sec. 5: MAXIMUM GRANT ASSISTANCE A. The maximum amount of grant assistance which may be provided to any applicant for rehabilitation assistance shall be $10,000.00, subject to the availability of funds. In the event 10,000.00 is not sufficient to complete the needed repairs, the rehabilitation assistance will not be approved unless (1) the applicant places the necessary funds in escrow with the City when the grant agreement is executed, or(2) used in conjunction with an approved home improvement loan from a financial institution. A letter of commitment from the financial institution must be in hand when the grant agreement is signed. Applicants shall have one hundred twenty (120) days to secure additional financing or the application will be rejected. B. The maximum amount of grant assistance which may be provided to any applicant for relocation assistance shall be $25,000.00, subject to the availability of funds. However, in the event the cost of acquiring a comparable and affordable replacement dwelling is less than the maximum grant allowed,then the relocation payment shall be the lesser amount. C. No applicant may receive more than one grant. D. The financial assistance will be in the form of a grant and will not be required to repaid. Sec. 6: GENERAL APPLICATION PROCEDURES A. Applications will be accepted during an advertised application period. Such application period will be advertised by public notice in the local newspaper and by posting notices in the city hall and in other prominent public places. Said application period will not be less than thirty (30) days. The City Secretary's office will be responsible for advertising the availability of the program and for accepting applications. B. Upon receipt of the applications for relocation assistance, applications will be screened for completeness and all information related to employment,income, assets and insurance settlements shall be verified in order to determine the applicant's eligibility. The City Secretary's office will be responsible for screening and determining the eligibility of each applicant. C. All applications of eligible applicants will then be forwarded to the Housing Advisory Committee for evaluation and ranking by the committee. D. Each completed and eligible application will then be rated by a Housing Advisory Committee according to a priority scoring system as hereinafter established. The Housing Advisory Committee will be responsible for scoring the applications and recommending the amount of funding for each applicant. The Housing Advisory Committee shall be appointed by the City Council from a list of names submitted by the Mayor. The Housing Advisory Committee shall consist of five (5) members appointed by the City Council. The Housing Advisory Committee shall be an ad hoc committee and will serve until the program is completed. It shall be the duty of the committee to rank each application and to make funding recommendations to the City Council. E. Upon receipt of the funding recommendations from the Housing Advisory Committee, the City Council shall approve,disapprove or modify such recommendations. The funding decisions of the City Council shall be final. F. All applicants selected for assistance shall then be counseled by the City Secretary, or her designated representative, regarding his or her housing needs and available options in finding suitable and affordable replacement housing or in determining eligible repairs. The City Secretary shall cause either a rehabilitation or relocation agreement, and demolition agreement if needed,to be executed with the applicant which outlines the responsibilities of the applicant and the City. Page 3 of 8 G. If needed, the City will contract for the clearance and demolition of the applicant's condemned dwelling and lot; H. Upon selection of the replacement dwelling, the applicant must obtain written approval of the City before entering into any formal contractual arrangement to acquire the replacement dwelling. The Chief Building Official will also inspect the replacement dwelling and issue a certificate of occupancy upon his acceptance. I. Upon acceptance by the City, the City Secretary, with the approval of the City Manager, will cause the disbursement of funds to be made to the applicant. Sec. 7: PRIORITY RATING SYSTEM All eligible applicants will be rated on a scoring system in order to establish the priority of funds. This rating process has been designed to incorporate both the family and dwelling characteristics of an applicant in order to establish a system which gives the most needy persons higher priority over others. Scoring shall be based on the following factors: (1) Income (maximum 15 points): If family income is below the median income limit for Wylie 15 pts. If family income is between 100% and 120%of median income limits 10 pts. If family income is above 120% of median income limits 5 pts. (2) Head of Household(maximum 15 points): If head of household is 62 years of age or older 15 pts. If head of household is female 15 pts. If the head of household is currently unemployed 15 pts. (3) Disability/Handicap Status (maximum 10 points): If any member of the household is fully disabled or handicapped 10 pts. If any member of the household is partially disabled or handicapped 5 pts. (4) Dependent Children(maximum 15 points): If household has any dependent children under the age of 6 3 pts./child If household has any dependent children between 6 and 12 2 pts./child If household has any dependent children over the age of 12 and still in school or college 1 pt./child (5) Insurance Settlement(maximum 25 points): If applicant was un-insured 25 pts. If applicant was under-insured and received an insufficient settlement to cover damages 15 pts. If applicant was fully or adequately insured 0 pts. Page 4 of 8 (6) Unusual or Hardship Circumstances (maximum 20 points): If the applicant has some unusual or hardship circumstances which should be considered, the applicant may be eligible for up to: 15 pts. Housing costs (P.I.T.I.) exceed 30% of income 5 pts. Sec. 7: WORK WRITE-UPS & BIDDING A. After the applicants have been approved for rehabilitation assistance by the City Council, the Chief Building Official shall conduct a property inspection of the highest rated applicants to determine the specific items to be required or replaced in order to bring the structure to Fe-tornado condition. All work done must meet HUD's Section 8 Existing Housing Quality Standards and/or the City building codes. This list of work items will constitute the work write-up for that structure. Work write-ups will only be required for the appropriate number of applicants to deplete the available funds. "Before" pictures shall be taken by the Chief Building Official to provide a photographic record of the structure and improvements needed. After completing the work write-ups for each of the highest rated applicants, the Chief Building Official shall then estimate the cost of the proposed work, including labor and material costs, for each structure. If the estimated cost is not expected to exceed $10,000.00, bids for such rehabilitation will be let. However, if the estimated cost exceeds the $10,000.00 maximum, bids will not be let unless the applicant agrees to pay for all costs above the $10,000.00. Regardless, grants for rehabilitation assistance will only be provided to the applicant for a maximum of $10,000.00 at the time of bid award. Applicants will be given the opportunity to accompany the Chief Building Official on the work write-up inspection in order to discuss the proposed work items. When the work write-up has been completed and a cost estimate prepared, the Chief Building Official shall discuss the scope of work and the effect of the cost estimate with the applicant. If the applicant agrees with the scope of work and to his or her responsibility regarding any additional funding, the applicant shall then sign off on the final work write-up which shall be utilized in the bidding process. The Chief Building Official shall agree not to omit any work items that are necessary to bring the structure up to the minimum program standards as previously established herein. If the applicant does not agree to pay for the additional cost over the maximum grant amount of $10,000.00, then such application shall be deemed ineligible for grant assistance and shall be classified as not feasible to rehabilitate due to financial considerations. E. Upon completion of the work write-up(s), the Chief Building Official shall, on behalf of the applicants, solicit competitive bids from general contractors for the proposed rehabilitation work. The contractor submitting the lowest and most responsible bid for each project may be awarded the work through City Council action; provided,the contractor can meet the contractor requirements as hereinafter established. However, should the applicant desire to have a contractor different from the low bidder perform the work,the applicant shall be required to pay for the difference in the low bid and the bid of the contractor preferred by the applicant. F. Prior to bidding, notification will be given to the Texas Historical Commission for structures constructed prior to 1950 requesting the Commission to review the approved dwelling for any historical significance. Such notice shall be in writing and given by certified mail, 5-day return receipt requested. Pictures (at least two elevations and one streetscape),construction date,builder, brief history,a location map and the address of each dwelling shall be given to the Texas Historical Commission with the notification. No rehabilitation work will be started prior to clearance from the Texas Historical Commission or prior to the expiration of thirty (30) days from the receipt of such notice by the Texas Historical Commission. Page 5 of 8 Sec. 9: CONTRACTOR QUALIFICATIONS In order to be eligible to participate in the construction work financed under the rehabilitation program,contractors must meet the following minimum requirements: A. The contractor must not be a debarred, suspended,or ineligible contractor according to HUD's "Consolidated List of Debarred, Suspended, and Ineligible Contractors" and the U.S. General Services Administration's "Consolidated List of Debarred and Suspended Contractors". Verification of contractor eligibility shall be obtained from the Texas Department of Housing and Community Affairs prior to awarding any contract to the contractor. B. The contractor must certify that he or she will not discriminate against any protected group of persons under State and Federal law. C. Each contractor shall carry worker's compensation insurance, automobile liability insurance, and unemployment insurance as required by the State of Texas. Additionally,the contractor must carry general liability and property damage insurance for rehabilitation work done within the city in the amount of $300,000 and $100,000 respectively. This insurance must be applicable to construction work done in the City and must be in effect during the contracted period. Evidence of such insurance must be presented prior to the execution of the contract. D. The contractor must have submitted all contractor certifications prior to execution of any contracts. E. The contractor may be judged to be a non-responsible bidder if his or her past performance on other rehabilitation projects was marginal or not acceptable. F. The contractor shall be of good reputation, fmancially sound, and have adequate financial resources to carry out his or her work. G. The contractor shall have prior trade experience in home repairs, rehabilitation, or building. Such prior work experience must be verifiable by the Chief Building Official. Sec. 10: GRANT AWARD & CONTRACTING REHABILITATION WORK A. The Chief Building Official shall submit each eligible application, in its numerical order of ranking, along with the construction bids received for each structure to the City Council for their consideration. The City Council shall either award, modify, or reject the bid received from the lowest and most responsible bidder. B. If the City Council awards the bid, the Chief Building Official shall cause to have a grant agreement executed between the City and the applicant and a construction contract executed between the applicant homeowner(s) and the contractor awarded the bid. However, should the applicant desire to have a contractor different from the low bidder perform the work, the applicant shall be required to pay the difference in the low bid and the bid of the contractor preferred by the applicant. The applicant may not select a contractor that does not submit a bid on the work. Such grant agreements and construction contracts shall be executed on forms approved by the City Attorney. C. Each agreement executed with a contractor shall contain a completion date and provide for liquidated damages if the contractor fails to meet such completion date. D. In the event a change order is necessary as determined by the Chief Building Official, the Chief Building Official shall cause to have a change order executed between the City,homeowner, Page 6 of 8 and the contractor. However, in no event shall a change order or cumulative change orders be executed in an amount more than $1,000.00. Change orders above $1,000.00 shall require approval of the City Council Additionally, no change order shall cause the total grant amount to exceed$10,000.00 without City Council approval. Sec. 11: WORK INSPECTIONS & PAYMENTS FOR WORK A. The Chief Building Official will assist the homeowner in ensuring that all contracted work is completed prior to payment and that such work was performed in an acceptable manner. To accomplish this, the Chief Building Official will conduct interim inspections as necessary, a final inspection upon completion of all of the work, and a post-inspection within sixty (60) to ninety (90) days after completion. B. All electrical work will be inspected by the City's electrical inspector in accordance with the City's normal electrical inspection requirements. Electrical permits are required for all electrical work. All electrical work must be performed by an electrician approved and licensed in the City of Wylie. C. All plumbing work will be inspected by the City's plumbing inspector in accordance with the City's normal plumbing inspection requirements. Plumbing permits are required for all plumbing work. All plumbing work must be performed by a licensed master plumber approved to do work in the City. D. All heating and air conditioning work will be inspected by the City's mechanical inspector in accordance with the City's normal inspection requirements. Permits are required for all heating and air conditioning work. All heating and air conditioning work must be performed by a licensed mechanical contractor approved to do work in the City. E. All building work will be inspected by the City's building inspector in accordance with the City's normal building inspection requirements. Building permits are required for all applicable construction work. F. In addition to the inspections outlined above, the Chief Building Official shall conduct a final inspection of the structure upon completion of the rehabilitation work when notified to do so by the general contractor. The Chief Building Official shall also conduct any necessary interim inspections which may be required. After all work has been completed to the satisfaction of the City's Inspection Department and the homeowner has signed a release,the Chief Building Official shall issue a Certificate of Completion, provided he is also satisfied with the work and all the contracted work has been completed. G. When final inspection determines that the rehabilitation work is satisfactorily completed in accordance with the contract, the Chief Building Official shall obtain from the contractor an "All Bills Paid Affidavit" and a release of liens from all subcontractors and suppliers, copies of each warranty due the applicant for the work, and the contractor's request for payment. After receipt of these items, the Chief Building Official shall cause a request for funds to be ordered, and upon receipt of the funds,cause disbursement of the funds to the contractor. G. Sixty (60) to ninety (90) days after the final inspection has been made, the Chief Building Official shall conduct a post-inspection of the rehabilitated structure to ensure that all work is holding up and still satisfactory. If any problems are identified in this post inspection, the Chief Building Official shall then notify the contractor to come back and correct the same within a reasonable amount of time, such as two (2) weeks. Should the contractor fail to do so, the homeowner may take any necessary legal recourse and the contractor shall be barred from performing any more rehabilitation work in the City. Also, should the contractor be doing other Page 7 of 8 rehabilitation work under this program and fails to correct any warranty problems, no other payments shall be made to him or her until such problems have been corrected. Sec. 12: CONTRACTOR'S WARRANTY OF WORK All work performed by the rehabilitation contractor shall be guaranteed for a period of one(1)year from poor or faulty workmanship or materials. Such warranty shall be stipulated in the construction contract between the contractor and the homeowner. For a period of one (1) year, the homeowner may require the contractor to correct defects or problems arising from his or her work under this contract. Sec. 13: FILES & REPORTS The City Secretary shall maintain accurate files and records on each applicant and shall retain all pertinent documentation. Such files shall be open for public inspection in accordance with the Texas Open Records Act. Sec. 14: APPEALS & GRIEVANCES Each applicant or participant shall have the right to appeal any decision of or grievance against the City Secretary, Chief Building Official or other program staff personnel to the City Manager, provided such appeal is made within fifteen (15)days from when the decision has been rendered or the grievance occurred and/or became known to the applicant. If the applicant/participant is not satisfied with the decision of the City Manager,he or she may then appeal his or her grievance to the City Council provided such appeal is made within ten (10)days from the date of the decision of the City Manager.The decision of the City Council shall be final. Sec. 15: CITY NOT TO BE HELD LIABLE No member of the governing body nor any representative, official or employee of the City of Wylie who exercises any functions or responsibilities in connection with the administration and implementation of this program shall be held liable for the exercise thereof. This provision shall not exclude liability for any illegal acts. Sec. 16: CHANGES, WAIVERS, AND/OR CONFLICTS A. The City Council shall have the right to change, modify, waive or revoke all or any part of these guidelines by a majority vote of the Council. B. The City shall have the right to waive the Section 8 Existing Housing Quality Standard requirements or code violations providing such waiver will not diminish marketability of the property,when long-standing local acceptance is evident of topography or when the architecture of the structure makes compliance unfeasible. PASSED and APPROVED this day of , 1994 by the City Council of the City of Wylie,Texas. Attest Approved: City Secretary Mayor Page 8 of 8 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: I"tot DIRECTOR: cteven ' _ Defter DATE REFERENCE NO. SUBJECT 2/17/94 Interlocal Agreement For Road Maintenance With Collin County SUMMARY OF SUBJECT: Collin County has a policy, as established by Court Order 90-589-07-30, for providing shared equipment and services for maintaining roads within the City so long as the City agrees to be responsible for the cost thereof. - The County has submitted for acceptance by the City an Interlocal Agreement putting this policy into effect. The agreement is acceptable as presented but does not contain language required by state law. Therefore an addendum to the agreement was prepared to meet the state law requirements. The agreement is presented to the Council for approval or disapproval as deemed appropriate by the Council. ALTERNATIVES: (1) Approve agreement, as presented, with addendum (2) Approve agreement after making changes desired by Council (3) Decline to enter into agreement ACTION REQUESTED: - S `is ior_Ccwncil to-s" '=to4nfitigcai Agent For3od 1 :Collin - INTERDEPARTMENTAL MEMORANDUM TO : Steve Norwood *Thyr FROM: Steve Defter SUBJECT : Co77in Co . In er7oca7 Agreement —For Road M - intenance DATE : February I6 , 19.94 ********************************************************************************* I have reviewed the above referenced agreement which was submitted to the City by Richard S. Boston, of the Collin County Public Works/Operations Department. I would note that although the cover letter which accompanies the agreement is dated December 13, 1993, it is my understanding that the City did not receive the letter or the agreement until the week of January 31, 1994. I did not receive the agreement until February 5, 1994. The terms contained in the agreement are acceptable, as far as they go. However I am of the opinion that the agreement is incomplete, and possibly not in compliance with state law governing interlocal agreements. My concern is based on the fact that the applicable law, '..y §791.011(d) requires that the contract must sped that each party paying for the performance of the governmental functions or services must make those payment from current revenues available tho the paying party. The proposed agreement does not so specify. Although not a requirement, §791.011(e) states the "payment must be in an amount that fairly compensates the performing party for the services or functions performed under the contract". Therefore I would strongly recommend that any interlocal agreement which the City enters into contain a recital to the effect that parties agree that the stated compensation fairly compensates the performing party. Rather than stir the County up by redoing the whole agreement I have prepared an addendum to the agreement which contains the two items which I believe need to be in the agreement. With the addendum I can approve the agreement and recommend the approval, so long as the agreement is otherwise acceptable. Please advise if you require further follow up on my part. cc: City Council I t Department of Public Works Field Operations December 13, 1993 Mr. Steven P. Norwood City Manager City of Wylie P.O. Box 428 Wylie, TX 75098 Dear Mayor Caldwell : Please find attached an Interlocal Cooperation Agreement which will allow us to provide routine road maintenance for your City, in accordance with Court Order #90-589-07-30 (Copy attached) . Please submit it to your City Council for approval and forward to my office. Upon receipt I will submit it to Commissioners ' Court for their approval & signature and then send a copy back to you. If you have any questions, please do not hesitate to call me. ;ipFely, /3,042,_=7". Richard S. Boston, P.E. Assistant Director of Public Works/Operations RBS : RB#3/A:INTERLOC Attachment: Court Order for County Road Policies xc: John W. Akin, Mayor, City of Wylie Bob Lindberg, Director of Administrative Services Clarence Daugherty, Director of Public Works 700 A West Wilmeth McKinney. Texas 75069 • (214) 548-3700 • 231-7170 ext. 3700 (Metro) INTERLOCAL COOPERATION AGREEMENT WHEREAS, the Interlocal Cooperation Act, Article 4413 (32c) , Vernon's Annotated Civil Statutes (the "Act" ) , and the Constitution of the State of Texas, Article III, Section 64 (b) (the "Constitution" ) , specifically authorize counties and other political subdivisions comprised or located within the County, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act; and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the County and the political subdivision named herin are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas, a political subdivision of the State of Texas, and , political subdivision of the state of Texas INTERLOCAL COOPERATION AGREETMENT Page 1 which is wholly or partially located within Collin County, Texas . Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration which may be stated herein. This agreement is as follows, to-wit: I . As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services : ROAD MAINTENANCE IN ACCORDANCE WITH COURT ORDER NO. 90-589-07-30 (COPY ATTACHED) . II . As consideration for the above-described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them for work they have requested in the amount and upon the following terms and conditions : : 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME. 2) . PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY. INTERLOCAL COOPERATION AGREEMENT Page 2 III . Each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, IV. This Agreement shall be effective from and after the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivisions who are parties hereto and shall remain in effect until revised or terminated, as agreed upon by both parties . COLLIN COUNTY, TEXAS Date: By: Title: County Judge INTERLOCAL COOPERATION AGREEMENT Page 3 (Political Subdivision Date: By: Title: INTERLOCAL COOPERATION AGREEMENT Page 4 • it . r , 'r✓ COURT ORDER NO. 90-509-07-30 THE STATE OF TEXAS ) ADOPTION OF COUNTY ROAD POLICIES (CITIES) AMENDING PREVIOUS ORDERS COUNTY OF COLLIN ) PUBLIC WORKS On July 30, 1990, the Commissioners ' Court of Collin County, Texas , met in special session with the following members present and partici- pating, to wit: Howard Thornton Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 John Witherspoon Commissioner, Presiding Jack Hatchell Commissioner, Precinct 4 During such session the court considered the following resolution to accomodate various changes regarding maintenance within city limits and which shall replace and supersede all previous , prders (Ref . Court Order Nos . 01-544-10-05, 01-096-02-22 , 04-790-11-12 and 05-506-00-12 ) : WHEREAS, the Collin County Commissioners ' Court desires that a consistent policy be continued concerning road work performed by the - county within the corporate limits of cities ; and WHEREAS, each city in Collin County has the responsibility to maintain the roads and bridges within the city; and WHEREAS, Collin County has limited funds , personnel and equipment to apply to work in cities; NOW THEREFORE; BE IT RESOLVED that the following policy be adopted: • 1 . The commissioners ' court may consider making or participating in ' improvements or major repairs , such as sealcoats , overlays , or pavement rebuilding, to roads and bridges that are on the official county thoroughfare plan and that are within the corporate limits of a city. The court may also consider working on roads which are not on the Collin County Thoroughfare Plan to include such items as providing dust control , grading, sealcoating, mowing, or brush cutting, cleaning of drainage ditches , emergency repair of bridges and culverts, etc . - 2 . If road or bridge improvements or repairs are authorized on a thoroughfare road by the commissioners ' court, the city will be required to reimburse the county for the cost of the materials used in the project or for one-half of the total cost of the project (including labor and equipment) , whichever is greater. If work is authorized on a non-thoroughfare road by commissioners ' court, the city will be required to reimburse the county for the total cost of the work, to include materials , equipment and labor. • 9 Gr • COURT ORDER NO. 90-589 -07-30 PAGE 2 3 . All requests must be submitted to the director of public works by April 1 of the year prior to the year improvements are desired to be made . Emergency requests will be evaluated by the commissioners ' court and upon the merits presented by the requesting city. 4 . Authorization for work in cities can only be given by the commis- sioners ' court . 5 . Prior to commencement of any authorized project, the city must place the required amount in escrow in a Collin County bank. Approved, ordered and dated this the 3 )fh day Of July, 1990 . Dj) 314.y.=John D. tspoon, Commissir, Presiding Collin County, TEXAS ATTEST: \`,0 q 111.111 t 1 U,,,,,, ` ` J, N , CO vl�, He en Starnes , Ex- icio Clerk - . � Commissioners ' ourt =� : -A Collin County, TEXAS �; �\ ;rn v. c JM lUI*I Il....tJ`,``````` ADDENDUM TO INTERLOCAL COOPERATION AGREEMENT The following terms are added to and made a part of that certain "INTERLOCAL COOPERATION AGREEMENT" between Collin County, Texas and the City of Wylie, Texas concerning road maintenance, the same as if they were fully set forth in the body thereof, to wit: V. Each party paying for the performance of governmental functions or services hereunder must make those payments from current revenues available to the paying party. VI. The parties agree and state the payments herein provided and agreed upon are in an amount that fairly compensates the performing party for the services or functions performed pursuant to this agreement. IN WITNESS WHEREOF, the parties have caused the signature of their respective representative to be affixed, as and for the act of their respective governing bodies who have duly approved execution of this Addendum. Collin County, Texas City of Wylie, Texas By By Ron Harris John W.Akin County Judge Mayor Dated: Dated: City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Legal p. DIRECTOR: Steven P. Deiter \ DATE REFERENCE NO. SUBJECT 2/17/94 1 Hiring of Consultant to Review TCI Cable Rates SUMMARY OF SUBJECT: The City has received authority from the FCC to undertake regulation of local cable companies and passed local regulations. The next step in the regulation process is for TCI to justify the rates it is presently charging. TCI has submitted a Form 393 containing information to justify their rates and the City now has to review the information and respond. Due to the technical aspect of the information contained in the filing and the expertise needed to accurately review and respond Staff is recommending engagement of an outside consultant at this point. First Southwest Company has agreed to perform the review service for a group rate (based upon at least ten other TCI Cities hiring them) of $1,020. ALTERNATIVES: (1) Approve letter of engagement with First Southwest Company authorizing them to act as consultant for City regarding review of TCI rate filing (2) Decline the offer of First Southwest and seek other firm to serve as consultant regarding TCI rate filing (I am not aware of other firms providing this service) (3) Decline to hire outside consultant for review of TCI rate filing ACTION REQUESTED: Staff recommendation is for Council to hire First Southwest as consultant on review of TCI rate filing. MEMORANDUM TO : City Council ,�1 FROM: Steve Oeiter :* SUBJECT : Hiring of Exp = rt — TCI Rate Review DATE: February 16 , 1994 ********************************************************************************* The City has recently taken actions (certification by FCC and adoption of ordinance establishing local regulations) whereby it received power to regulate TCI's rates for basic services and equipment charges. As part of undertaking such regulation the City has filed notice of its having local regulations in place with TCI. TCI then had to respond to the notice by providing the City with a From 393, which is an FCC form by which TCI must justify its rates, and compare them to FCC established benchmark rates. The City has received the form and now must respond to the information in the form on a timely basis. The Council passed an ordinance extending the response time by an additional 90 days at its worksession on Tuesday February 15, 1994. The 90 day extension will actually run from 30 days after February 11, 1994 as TCI filed an amended Form 393 on February 11 thereby malting the deadline for response, as established by the ordinance, June 11, 1994. Within this time frame the City must analyze and respond to this technical document. TCI's level of expertise in the area, since that is there only business, gives them (at least potentially) an unfair advantage, by which they could (if they were so inclined) massage and manipulate the information on the form to the detriment of the City. Establishing of the benchmark rates at the lowest level possible is very important in that they will determine the rates charged now, but also will be used to determine the amount of acceptable increases in the future. In view of this disparity and the importance of establishing accurate benchmark rates, many area Cities have (and will) hire an outside consultant to review the rate filing. First Southwest Company offers such a service for a fee of$3,000.00. However, they have agreed to discount their rate if a group of Cities join together to use them. Presently there appears to be ten cities who plan to participate, which would mean the Wylie's fee would be $1,020. Some of the other Cities involved are Flower Mound, McKinney, Sasche, Addison, Grand Prairie, Allen, Farmers Branch, Farmersville, and DeSoto. The $1,020 rate would be reduced if more Cities join the group before February 28, 1994. As noted in my February 10, 1994 memo (copy attached) on the subject, I am recommending that the City join the group and hire First Southwest to review the rate structure. They have provided a letter of engagement(copy attached)defining the scope of their duties and the cost of the service. If the Council determines that someone should be retained and that First Southwest is an appropriate firm to retain, it would take action to accept the proposed agreement. Please advise if you have further questions or concerns on this matter. cc: Steve Norwood FIRST SOUTHWEST COMPANY Randee R.Wilson Vice President February 11, 1994 Mr. Steve Deiter City Attorney City of Wylie, Texas P.O. Box 428 Wylie, Texas 75098-0428 Dear Mr. Deiter: This letter is to confirm the terms of our engagement to review certain computations associated with the cable rate regulations by the City of Wylie, Texas (the "City") serving in its capacity as the local franchising authority. We have been requested to provide professional services to the City as such services may be necessary to effect this review and we are pleased to submit the following proposal for consideration. This agreement (the "Agreement") between the City and First Southwest Company shall become effective at the date of its execution by the City. Our analysis will include an evaluation of the cable operator's schedule of rates for the basic service tier and accompanying equipment using the benchmark analysis in accordance with the standard form authorized by the FCC (Form 393). The purpose of the evaluation of the cable operator's schedule of rates is to make a determination as to the reasonableness of the rates for the basic service tier and accompanying equipment under the Federal Communication Commission's rate standards. On the basis of our evaluation, we will make a recommendation as to the remedies available to the City in conjunction with the evaluation of the rates for the basic service tier and accompanying equipment. We will provide a report to the City specifying our findings and recommendation and other information deemed relevant by First Southwest Company. Our report will be prepared within the time periods required by the FCC regulations including, if we are unable to determine whether the proposed rates for the basic service tier and accompanying equipment are reasonable within thirty days, an additional period of ninety days in accordance with the Federal Communications Commission's guidelines in order to permit proper evaluation of the rate schedules. Every effort will be made to complete our report within the initial thirty day review period. INVESTMENT BANKERS 1700 Pacific Avenue•Suite 500•Dallas,Texas 75201-4652.214-953-4000•FAX 214-953-4111 r � First Southwest Company would be entitled to a fee of$1,020 for the consulting engagement, including preparation of the report. The fee will be payable upon delivery of the report prepared by First Southwest Company during the term of the Agreement unless terminated earlier. At the option of the City, the services contracted for under this Agreement may be extended to include any additional rate increases requested by the cable operator for the basic service tier once the initial regulated per channel rate has been determined. This Agreement shall become effective at the date of acceptance by the City and remain in effect thereafter for a period of one (1) year from the date of acceptance, provided, however, that this Agreement may be terminated at any time from the date hereof by either the City or First Southwest Company upon thirty (30)days prior written notice. In the event of such termination, it is understood and agreed that only the amounts due to First Southwest Company for services provided to and including the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. If you have any questions about the engagement, please do not hesitate to contact us. We appreciate the opportunity to serve as the Cable Rate Regulation Consultant to the City of Wylie, Texas. If the terms designated in this letter are satisfactory, please sign in the space provided below and -..N return the duplicate copy of the letter to us. Sincerely, First Southwest Company Randee R. Wilson Vice President Accepted by: Title: Date: • INTERDEPARTMENTAL MEMORANDUM TO : Steve Norwood FROM: Steve Deiter SUBJECT : Regu 7 a t i on of TCI DATE: February 10 , 1994 C CM5Y I attended the meeting of TCI served Cities which was held yesterday in Addison. There were nine Cities represented(Flower Mound,McKinney, Sasche,Addison, Grand Prairie,Allen, Farmers Branch, Wylie, and another who I can't remember). In addition to those who attended Farmersville and DeSoto are committed to being in the group. Two representatives from First Southwest Company, including two "e" Randee were also there. It was the strong consensus of the group that each of the Cities would be better served by collectively hiring First Southwest to review and analyze the rate which TCI has to submit and justify since the City has undertaken local regulation of them. Each of the Cities' cases will be handled individually by First Southwest. However, the advantage of going in together is the cost (approximately $1,000 as compared to $3,000) and taking advantage of each of the Cities knowing (to some degree) what the other is doing by having a common agent to deal with TCI. Other TCI cities will also be allowed to join in the consortium if they do so before February 28th. The more Cities who become involved the less the cost will be to Wylie. I would highly recommend that the City go in with this group and hire First Southwest to review the rate structure which has been submitted. I make this recommendation for two reasons. First there is no one on the City staff who has any expertise whatsoever in the area, therefore it is necessary to hire someone who does to avoid TCI (who obviously has great expertise in the area) from taking advantage of Wylie. I guess my concern is based on my inherent lack of trust for TCI. If you or the Council feel the City can rely on TCI's figures, rates, and information to protect the best interest of Wylie we don't need a consultant. Secondly, the City's experience with First Southwest on previous matters has, at least to my knowledge, Z been very satisfactory and they appear to have a good grasp in the area of cable regulation as well. First Southwest will be sending out a letter of engagement for their services later this week. If you feel this is something the City should go with, the agreement could be placed on the agenda for the February 22 Council meeting for consideration by the Council. By way of review the City has been allowed to get involved in regulation as a result of changes in FCC rules. In order to do so the City submitted an application for, and received, certification from the FCC. Had the City chosen not to undertake regulation TCI could have continued to set its rates without any limitation or involvement by the City. Now that the City has chosen to regulate it can require TCI's rates be in accordance with FCC guidelines, called benchmark rates. Establishing the benchmark rates at an accurate level is very important in that the benchmark rates will be the rates which are charged by TCI and, perhaps more importantly, the rates from which any increases will be based upon. Once the City was certified it passed an ordinance providing for local regulation and forwarded a copy of the Ordinance to TCI. TCI then responded by filing what is known as a Form 393 which is a schedule justifying their rates in accordance with FCC rules and guidelines. It is this form which now must be reviewed and responded to, thus the involvement of First Southwest as above discussed. The City has to respond to the 393 within 30 days from its receipt. In virtually all cases this does not give the City, or its reviewing expert(First Southwest if the Council approves) sufficient time to review, evaluate, and request additional information from TCI. Consequently there is provision for a 90 day extension of the 30 day response period. I would suggest that the City take advantage of this additional 90 day period by the Council's passing an ordinance to that effect. I would further suggest that passage of the ordinance be placed on the agenda as an action item for the work session scheduled for February 15, 1994. I have prepared such an ordinance and attached a copy of the same herewith for your review. Waiting until the February 22 council meeting would technically be outside of the original 30 response period, and although such delay would not be prevent further action it would be much preferable to pass the extension ordinance within the initial 30 period. Should you have any questions on the above please advise. Thanks 0 cc: City Council 2 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: Community Development DIRECTOR: Russell Wyman DATE REFERENCE NO. SUBJECT 2/16/94 Rhode Construction Company Payment Request #3 - Final Payment SUMMARY OF SUBJECT: Attached is Payment Request #3 for final payment from Rhode Construction Company in the amount of $3,965.67 for installation of the New Port Harbor Booster Pump Station. The project is complete and final inspections and water pressure tests have been made and released by the Public Works Department. All pump manuals and specifications have been received; the Affidavit and Waiver of Lien & the Consent of Surety Company have also been received. ALTERNATIVES: No alternative is recommended. ACTION REQUESTED: Payment is recommended. CITY OF WYLIE • NEWPORT HARBOR BOOSTER FREEMAN-MILLI.CAN. INC ; PUMP STATION 12001 N. Central Expressway Suite 405 APPLICATION NO • 3 'DALLAS , TX. 75243 PERIOD FROM 11/30/93 • TO : 12/3/93 ____============-m=====___________________============_____-_______====-===-==__ Application is made for-Payment as shown below in connection with the Contract. APPLICATION FOR PAYMENT • The present status of the account for this Contract is as CHANGE ORDER SUMMARY follows: I ':.ange Orders approved .n previous months by ADDITIONS DEDUCTIONS ORIGINAL CONTRACT SUM 39 ,656 . 69 Owner TOTALS Net change by Change Orders S Approved month • CONTRACT SUM 70 DATE S 39 .656 . 69 TOTAL COMPLETED 4 STORED TO DATE . . • S 39 ,656 . 69 . I I I RE , AGE 0 S -0- ,et o:.ange • -- ---- LESS P?:v:CUS CER 'IF=CA:'_.. FOR ?"."'•EN, . S 35 ,691 .02 ac_ r-ance with :he Contra:: Doc=ne^.ts, based on on- s_t: cbser- ac_cns and =1e data omor n e TR`NT ?A�`.ENT t- 3 965 . 67 �.,�: ---. g =�e ahoy C' �G� a:. -_cat_cn , zhe Ccnsu_=ant certifies to the Owner that • t: ,C_.. has progressed to =he point indicated; that to The =deps-gned Contractor cent - . -hat to the ecf J 5- .._ -e des: of his knowledge, information and belief, =he Know-edge. information and belie- the Work covered by this -- -, of the Work is in accordance with Contract A p__:at-cn for Payment has been completed ..in accordance with :'o -men_s ; and that the Contractor -- ent_-led to pa:!- ..he Contract Documents , zhat a_- amounts have been p.a.i by men: of the CURRENT PAYNrcNT DUE. him for Work for which previous Certificates for Payment .:ere. issued and payments received from the Owner, and that current • �1 payment shown herein is now due. By: - - �' Daze: l- g-9}/ CONTRACTOR: P- oc o- Rhode Construction Co . Issuance, payment, and acceptance of payment are without prejudice to any rights of the Owner or Contractor under � • this Contract. By: /a ' . • Date: Approved • W.D. Josseran . • by r ar CITY OF WYLIE NEWPORT HARBOR BOOSTER FREEMAN-MILLICAN, INC . PUMP STATION. 12001 N, Central. Expressway Suite 405 DALLAS , TEXAS 75243 ITEM DESCRIPTION OF WORK QUANITY UNIT PRICE WORK COMPLETED NO THIS APPLICATION TODATE QUAN. PRICE WORK IN PRICE EXTENSION PLACE EXTENSION Newport Harbor Booster Pump Station L. S . 39 ,656 . 69 100% 39 ,656 . 69 AFFIDAVITT AND WAIVER OF LIEN STATE OF TEXAS COUNTY OF Lubbock Carman G. Rhode of Rhode Construction Company being duly sworn, says that he is the President of Rhode Construction Company hereinafter referred to as the "Company" and is familiar with the facts herein stated. That said Company performed work and labor and/or furnished materials, for use in the construction of certain work known as Newport Harbor Booster Pump Station owned by City of Wylie, Texas That said Company has fully paid for all said work, labor, materials, machinery, and equipment furnished by it or by it's subcontractors or materialmen upon said premises, or furnished therefore, that it is the Company' s legal obligation to pay. And further, he represents that no other person or party has any right to a lien or McGregor Act Claim on account of any work performed or material furnished to said Company. Rhode Construction Company By e- Title President Sworn to before me and subscribed in my presence this 29th day of November ,1993 Notary blic . -- County of Lubbock • JANA K. JENKINS Commission. Expires : oV r-' MY COMMMISION EXPIRES .�� April 28. 1994 • CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ A/A DOCUMENT G707 OTHER PROJECT: NEWPORT HARBOR BOOSTER PUMP STATION (name, address)WYLIE, TEXAS TO (Owner) BOND NO. 800844483 ARCHITECTS PROJECT NO: CITY OF WYLIE CONTRACT FOR: NEWPORT HARBOR BOOSTER PUMP P. 0. BOX 428 STATION WYLIE, TEXAS 75098 L. J CONTRACT DATE JUNE 17, 1993 CONTRACTOR RHODE CONSTRUCTION COMPANY In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (hers insert name and address of Surety Company) CONTINENTAL CASUALTY COMPANY CNA PLAZA CHICAGO, IL 60685 , SURETY COMPANY, on bond of U.. inset name and address of Contractor) RHODE CONSTRUCTION COMPANY P. 0. BOX 53370 LUBBOCK, TEXAS 79453 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to ;Hera insert name and address of Owner) CITY OF WYLIE P. 0. BOX 428 WYLIE, TEXAS 75098 , OWNER, as set forth in the said Surety Company's bond. IN WITNESS, WHEREOF, the Surety Company has hereunto set its hand this 29TH day of NOVEMBER 19)3 CONTINENTAL CASUALTY COMPANY Surety Company C7)/ 4 c ai Attest: Signatur Authorized Representative (Seal): MARLA HILL, ATTORNEY—IN—FACT Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS. Current Edition AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITION • AIA ® ONE PAGE ©1970 •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, O.C. 20006 SG-2134/EP 1/93 PRINTED IN U.S.A. Continental Casualty Company CNA For All tit.-C ommnnrm'•NMI Make" A N ILL 1 N O I S CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents. That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois. and having its principal office in the City of Chicago. andState of Illinois. does hereby make. constitute and appoint Howard Cowan, Mike Henthorn, Ron Stroman, Carla Rogers, Pete Binagel i , Kevin J. Dunn, Angie Goff, Marla HTTI , • Individually of Lubbock, Texas Its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign,seal and execute in its behalf bonds,undertakings and other obligatory instruments of similar nature — In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. • "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact.The President or a Vice President may,from time to time,appoint by writtencertificates attorneys-in-fact to act in behalf of the Company in the excecution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and bindino on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of November 19 92 CONTINENTAL CASUALTY COMPANY State of Illinois 1 cd'O1..r , County of Cook I ss > '� SEAL •�+ J. E.Purtell Vice President. On this 24th day of November 19 92, before me personally came J.E. Purtell,to me known.who. being by me duly sworn,did depose and say:that he resides in the Village of Glenview,State of Illinois:that he is a Vice-President of CONTINENTAL CASUALTY COMPANY,the corporation described in and which executed the above instrument:that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal:that it was so affixed pursuant to the said instrument is such corporate seal:that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. • D' .0e) Noriut ►uw ' t _vjI. . •- eitli&4 . Public. Linda C.Dempsey - My Commission Expires Octob- 19, CERTIFICATE I.Robert E.Ayo,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,do hereby certify that the Power of Attorney h above set forth is still in force.and further certify that Section 3 of Article IX of the By-Laws of the Company and.the Resolution of the Board • II, ors,set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 29TH day of NOVEMBER 19 ca.' .a, \ � Ro rt E.Ayo / Assistant Secretary -"• \OJ\ SEAL Form 1•23142•B INV. NO. G-57443-B City of Wylie AGENDA COMMUNICATION City Secretary Mary Nichols SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 2/18/94 5 Resolution Accepting Compliance Efforts with Ordinance 93-57 SUMMARY OF SUBJECT: On December 14, 1993, Council approved an ordinance authorizing an SUP for an auction house in Retail zoning. Some of the members of Council have expressed a desire to accept a letter of permission from Al Draper to use the parking lot in lieu of requiring a parking agreement. The attached resolution does this. ALTERNATIVES: (1) Approve the resolution (2) Take no action at this time j (3) Deny the resolution 1 ACTION REQUESTED: Staff is recommending that Council approve the.resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING COMPLIANCE WITH CONDITIONS FOR SPECIAL USE PERMIT AS HERETOFORE ESTABLISHED AND SET OUT IN ORDINANCE NO. 93-57 WHEREAS, the City of Wylie Comprehensive Zoning Ordinance as codified in Chapter 12 of the Wylie City Code did not, prior to October 26, 1994, allow for auction houses or auctions in the zoning classifications of"R" Retail or "B-1 or B-2" Business within the City of Wylie and any auction use in such classificaiton was therefore unlawful; and, WHEREAS, the City Council amended the Comprehensive Zoning Ordinance to specify for auction houses as allowable uses with specific use permits, by passage of Ordinance No. 93-49, on the 26th day of October, 1993; and, WHEREAS, Doyle Spurgin and Patricia Spurgin (Spurgins) as owners of the following described property, to wit: Lots 17 and 18, in Block 18, Railroad Addition to the City of Wylie Collin County, Texas which is zoned "R" Retail, petitioned the City for a specific use permit to allow them to conduct an auction house operation on the said real estate, which said petition was granted by the City Council and the specific use created by Ordinance No. 93-57 which was duly adopted by the City Council on the 14th day of December 1994; and, WHEREAS, the special conditions required by the City Council for the said specific use permit, as enumerated in Section 2 of said Ordinance No. 93-57, included the following: "2. A parking agreement with the First Baptist Church providing the deficient number of minimum spaces required shall be executed to the satisfaction of the City of Wylie prior to issuance of a Certificate of Occupancy" "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"; and, WHEREAS, subsequent to passage of Ordinance 93-57 City staff prepared a parking agreement for execution by the First Baptist Church (Church) but the Church has, for reasons best known to them, declined to sign the same; and, WHEREAS,prior to passage of Ordinance No. 93-57 granting the specific use permit and establishing the conditions therefore Spurgins received a letter from Rev. Al Draper of the First Baptist Church (Consent Letter) indicating the Church's acquiescence in the use of the Church parking lot by the Spurgins to provide parking for their auction house customers, a copy of said letter being attached hereto and fully incorporated herein by reference; and, WHEREAS, the Spurgins are now requesting that the consent letter suffice to satisfy the above referenced special conditions for a parking agreement, Church's refusal to sign an agreement notwithstanding; and, WHEREAS, the City Council is the appropriate authority to determine whether such consent letter satisfies the special condition for parking agreement as they are, ultimately, the best source to determine the intent of the legislation which they have passed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the consent letter attached hereto satisfies all special conditions pertaining to parking agreements as required by Section 2 of Ordinance No. 93-57, and shall be effective and satisfactory for such purpose unless and until the same is revoked. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 22rd day of February, 1994. John W. Akin Mayor Attest: Mary Nichols City Secretary / t iiiitsT i ( BAPTIST CIIIIIIR91 WON. Plf1St I ViNt.lt,MAS /5068 6 (214) 44 . $ , . 1 .... October 27, 1993 TO WHOM IT MAY CONCERN: Mr. boyle Spurgin of Phoenik Oalleries has permission to use our parking ., lot located on the north/west cotter of MArble and First streets for his overflow on Tuesdays and Saturdays nights. ,.. • Cordial! ours, . ,--- ,... . A. L. Draper , ..044,:wetivoyiehiczto44,t$ , . i .. , .., .. . . _ ORDINANCE NO.93-57 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. WHEREAS, A Specific Use Permit for an Auction House has been requested by Doyle Spurgin for the property described as Lots 17 and 18, Block 18, Railroad Addition; and WHEREAS, the Planning and Zoning Commission of the City of Wylie and the governing body of the City of Wylie, in compliance with the laws of the State of Texas and the ordinances of the City of Wylie, have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all _ra property owners generally, and to all persons interested in and situated in the affected area and in the vicinity thereof, the governing body in the exercise of its legislative discretion has concluded that the Comprehensive Zoning Ordinance of the City of Wylie should be amended as follows: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas: Section 1. That the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, be and the same is hereby amended so as to grant a Specific Use Permit for an Auction House as provided herein on the following described property: Lots 17 and 18, Block 18, Railroad Addition and further described on the approved site plan attached hereto as Exhibit "A". Section 2. That the Specific Use Permit shall be subject to the following special 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 Section 3. That the above described tract of land shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Wylie as heretofore amended, as amended herein by granting of this Specific Use Permit and as may be amended in the future. Section 4. That all ordinances of the City of Wylie in conflict with the provisions of this ordinance be, and the same are hereby repealed to the extent of that conflict. Section 5. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of fine not to exceed the sum of TWO THOUSAND DOLLARS (92,000.00) for each offence and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6. If any section paragraph, or provision of this ordinance or the= appfcatlion of that section, paragraph, or provision to any person, firm, corpora ion r: - situation is for any reason judged invalid, the adjudication shall not affect any other section,pa raph or provision of this ordinance or the application of any other section, �"��' to other firm, cor :or situation nor shall • :� ` . _�� pr._;provisaon any person, Po!'atiot , affect any other section, paragraph, or provision of the Comprehensive