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12-13-1994 (City Council) Agenda Packet i S 1 9,::..4024',.7.a....., a a t M Will; 8) /81 1 I r ...,..,. _..,.:4, . ... 1.4 pt:,,v4t;* rt* :111:-..vd."....,:,',,'',.*,, er ....7'13:11.411:::10.r..,,.,.,�y 1 0: e e 0 U 1 e 1 I :„,...„ e w a s 1 5.4ftJ t air I :.7:-1., 48A r it'll I , 1 Irt 'fry,110 G ...•• br, e-,., N.t. 48A B rh k 113 4 '1994 .. .. ., .,, ... _._-, .., _ .„..... .*4-‘.`'. f L yv ,g 6 Ia .� 1/4-i. 0'#t, q _�' , ,° ♦'',"t�T a� °. ' ,a , , I . Agenda Wylie City Council Wylie Municipal Complex December 13, 1994 _ 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Anthony Pondant, Saint Anthony's Catholic Church - PRESENTATION OF LIEUTENANT BARS TO RON SIMS, WYLIE FIRE DEPARTMENT PRESENTATION BY SONS OF THE AMERICAN REVOLUTION - EAST FORK TRINITY CHAPTER - TO CITY OF WYLIE REGARDING CITY HALL FLAG DISPLAY CONSENT AGENDA 1. Consider Approval of the Minutes of November 8 and December 6, 1994 jConsider Approval of a Contract with the Texas Municipal League Regarding the Administration of COBRA Insurance 3. Consider Approval of Applications under Urgent Need Grant for Disaster Relief 4. Consider Award of Bids for Rehabilitation Project Under Urgent Need Grant for Disaster Relief - Consider Approval of a Resolution Making Application for an Extension Under the Local Government Records Act of 1989 J . Consider Approval of a Resolution Authorizing Execution of an Addendum to a Contract with Central Ambulance and the Activation of a One Year Contract Extension J7. Consider Approval of an Ordinance Adopting the 194 Uniform Fire Code 8. Consider Approval of an Ordinance Adopting the 1993 Uniform Electric Code Consider Approval of a Resolution Authoriing Submission of a 1994 Home Grant Application to the Texas Department of Housing and Community Affairs PRESENTATIONS/REPORTS/RECOMMENDATIONS 10. Wylie Fire Academy Presentation 11. Presentation from ADS Environmental Services and Take Any Necessary Action Report from Representatives of Citizens' Bond Advisory Committee (CBAC) and Consider Approval of a Resolution Accepting the Recommendation of the CBAC , Discuss and Consider Approval of an tt, -/Resolution. sailing for a Bond lection February 18, 1995 1 Report from Park Board and Consider Approval of a Resolution Approving a Project List for Submission to the Wylie Parks and Recreation Facilities Development Corporation for Funding Authorization REQUESTS/APPOINTMENTS WITH CITIZENS 15. Appointment with Don Jernigan to Request Disannexation on Four Lots on FM-544 and Take Any Necessary Action )0)I 16. Appointment with David and Carolyn Tuttle to Appeal Decision of Housing Advisory Board and Take Any Necessary Action pr o t-t PUBLIC HEARINGS/ACTION ITEMS 17. Hold Public Hearing and Consider Approval of an Ordinance Authorizing a Change in Zoning from "B-2" Business District to "SF-2" SingleFamily on Approximately 5 Acres Located at W. Brown and Winding Oaks 18. Discuss and Consider Appoval of a Replat of Two Lots Located at W. Brown and Winding Oaks - ba-t} to/u 1 . Discuss and Consider Approval of a Final Plat for the Premier Business Park Addition Discuss and Consider Authorizing a Change Order for !st Street Water Main Improvements and Holland Hitch Sewer Line Discuss and Consider Authorizing Final Playment to Max B Construction and Accepting Holland Hitch Sewer Line and 1st Street Water Main Improvements c, t ZEN tileN, 7�2 4w/400 STAFF REPORTS sus r,q,)( CITIZEN PARTICIPATION • I-so 1Q1-17N6 sya r - AID Avye EXECUTIVE SESSION ' MA kyN 4614Aik ' 57 6/95 22. Hold Executive Session Under 551.072 Government Code Regarding Acquisition of Real Property: (a) Property for Economic Development ADJOURNMENT 7/f ^ ./ Posted this the 9th day oece ber, 1994 at 5:00 p.m. C�aa��nr o13 ��, 1 We will be forwarding minutes under separate cover or providing them to you Tuesday night. Should this be insufficient time for Council review, you may table consideration of the minutes to allow you adequate review time. We apologize for this inconvenience. i;.,.: !.i !miN111!iRI11';,.,,.,,,,,,,::i,::,mm,,g::.;.gi:,igwy...„friiiii,4.,,,!**1.1i. ...:.41,.,,,,,,ii,,„iiimi.0„,,,,„....,,..:::.,..eiiiiiiiiiiiiii.m:goliE:11 1,ii:in.w:„:„:is,ili,,i„,„.,.,:., ---."'"::'''"'"'""""""""'"""'"""'"."i"'"'imit'llii"'""'":"4""lv""Plui"!:,:a""'""""0".'"""iitilitilmigitiigiumnalmm iiiii#2"..!:im. - ''.•:,i'::':'':::.•:',.:::.-:'':.'.:::.',:',.':'..'':,:,,'.:-,:'„:,,_•.....:::.,::.::..:,....,:::,'..:,]:.:.:::,::.._,::,:',•.,...,'.',.:::..''.'.:.'''::."""'"':""'"°04- :e.-T.--:-:.'.------ kadon::10t,::„,h,.,a,..:o„„,:7..t'.':'.7!!!.7.]!J::.iii::ci;i::;;igg;:m..*i,*i*i*:,,,,,,,.................. . .:::::'::':'""'"'''MlS§..67*.....iii:Ii*:•k,„:,:',.,::::::..::(:::,„°„,::::::11141:,.,::,:::::::::,::::::::::,:.:.:.:.......,........ . om::.:::... The City has received correspondence from Texas Municipal League regarding COBRA Eligibility and Administration. The league is offering their administrative services for any former City employees who opt for the continuation of health/dental coverage. In order to execute the agreement, Council would have to approve at a regularly scheduled open meeting. BACKGROUND The City has, in the past, administered the COBRA plan; however, with the changes in the law that take place on a regular basis, it seems prudent to contract this service to TML. The .„� scope of the service includes total administration; billing, collection, notices etc. The responsibility for the City is to notify TML of qualified candidates for continuation of coverage; notify the terminating employee of their rights regarding COBRA and to provide them with a printed notice defining the provisions of the COBRA Act. The cost for this service is $50.00 for each employee who selects the option. This is a one time charge for each participant, regardless of how long they are participants. Once the City makes the -� proper notifications to TML and to the terminating employee, it is out of the loop. There are no charges until the service is accessed. TML will also assume responsibility for any individual who is on the plan at the time of the effective date. RECOMMENDATION Staff recommends authorization for the City Manager to enter into the COBRA ADMINISTRATION AGREEMENT with Texas Municipal League on behalf of the City.. _ ATTACHMENTS A copy of the agreement, a copy of the notice to terminating employees and a copy of the forwarding memo from Terry Hale, Executive Director. (A. • --re—'411113.:If:‘_WA.4-e-SP7,-- Pre ared by App u• d by Lim. N ' COBRA ADMINISTRATION AGREEMENT WHEREAS,the undersigned Employer is an Employer Member of the Texas Municipal League Group Benefits Risk Pool (hereinafter referred to as the "Pool"); WHEREAS,the undersigned Employer sponsors an employee benefit plan; WHEREAS,the undersigned Employer is responsible for the administration of its employee benefit plan as the Plan Administrator; and WHEREAS,the undersigned Employer wants the Texas Municipal League Group Benefits Risk Pool to assist the Employer in complying with the requirements of COBRA. NOW THEREFORE, in consideration of the promises,mutual covenants and agreements contained herein,the undersigned Employer and the Pool agree as follows: I. Effective Date As of the first day of , 19 the Pool will commence COBRA administration for the undersigned Employer. II. Employer Duties 1. The undersigned Employer will notify the Pool's Contract/Administrative Procedures Analyst assigned to the Employer via FAX or Telephone (with a written follow-up)within one(1)business day of a qualifying event,as defined by the COBRA statute and its amendments,of a Covered Employee for which the Employer has immediate knowledge. Examples of this include termination;resignation;death;retirement if the employee does not enroll for retiree coverage when offered under the Employer's benefit plan;reduction in hours(including reduction to zero hours)and absence from work for a no job related injury or illness after all earned sick leave,vacation leave and extended leave pursuant to an adopted policy which is on file with the Pool has been exhausted. 2. The undersigned Employer will distribute Attachment A,which advises each employee of their rights and responsibilities under COBRA. The Employer will certify through a letter to the Pool that the Attachment A was distributed to all Covered Employees as of the date the Pool commenced COBRA administration. 3. The undersigned Employer will distribute Attachment A to all employees who become covered by the Employer's benefit plan after the date the Pool commenced COBRA administration and include verification of the distribution with the enrollment card when it is submitted to the Pool. 4. The undersigned Employer will notify the Pool via FAX or Telephone(with a written follow-up)within one(1) business day of gaining knowledge that and employee has legally separated,divorced or a Covered Dependent is no longer eligible for coverage(e.g. a child,over age 19,who is no longer a full-time student enrolled for 12 or more credit hours). 5. The undersigned Employer will notify the Pool at least ten (10)business days prior to any open enrollment period. The notice to the Pool will include the dates of the open enrollment. 6. The undersigned Employer will immediately notify the Pool of any suspected claim, demand or suit arising from the administration of COBRA. Revised 2/94 COBRA AGREEMENT-Page 2 7. The undersigned Employer will indemnify and hold harmless the Pool and its officers,agents,employees and representatives from all suits,actions, losses,damages,claims or liability of any type, including without limiting the generality of the foregoing all expenses of litigation,court costs,and attorney's fees,resulting from the failure of the undersigned Employer to give any notice required by this Agreement. The undersigned Employer will fund this obligation out of current revenues in the year the obligation is determined or will levy a tax to fund the obligation if current revenues are insufficient. III. Pool Duties 1. The Pool staff will monitor changes in COBRA and the case law which develops interpreting COBRA. 2. The Pool will act within 14 days of the receipt of notices of qualifying events sent by the Employer. 3. The Pool will provide the appropriate notification letters to the employee or their dependent(s)as required by COBRA. These letters may include any or all of the following: a. benefit availability-initial notice,enrollment card and cost; b. confirmation of enrollment and payment coupons c. notice of termination letters (1) failure to reply (2) failure to make initial payment (3) failure to make regular payment (4) end of eligibility(no longer qualified) (5) end of eligibility period e. open enrollment f. contribution change and revised payment coupons g• conversion to an individual policy h. Medicare eligibility i. verification of full-time student status j. verification of incapacitated child status 4. The Pool will provide the COBRA participant with ID cards,a benefit booklet,and other materials as the need may arise. 5. The Pool will maintain records that all required notifications were sent and copies are available to the Member upon request. 6. The Pool will collect the required contributions. 7. The Pool will provide the Employer, for their review,with the text of the letter and notices to be used in administering this Agreement. The Pool maintains final authority over the text of these letter and notices. The Pool reserves unto itself the right to modify the letter and notices as may be required pursuant to COBRA,COBRA case law and to promote the efficient administration of the Agreement. Revised 2/94 COBRA AGREEMENT-Page 3 8. The Pool will indemnify,defend,reimburse,and hold harmless the Employer and its employees from any and all liabilities,claims,demands,or suits arising from or relating to the provision of COBRA administrative services unless those liabilities,claims,demands,or suits arise out of the Employer's failure to give any notice as required in II, I,2,3,4,5,and 6 of this Agreement. The Pool,upon notice by the Employer will immediately investigate, ' handle,respond to and defend any such claims,demand,or suits at its sole expense. If the liability,claim,demand, or suit is based on negligence,this contract of indemnity shall apply and the negligence of the Employee and the Pool will be on a percentage basis as in a pure comparative negligence situation under the law. IV. Notice Any notice to be given under this Agreement,other than those in II, 1,2,3,4,and 5 of this Agreement,shall be deemed given and received on the first to occur of the following:(a)actual receipt by the party to be notified;or(b)five days after deposit of such notice in the U.S.Mail System if cent by Certified Mail,Return Receipt Requested,postage prepaid,and addressed to the party to be notified at the address of such party set forth below or as designated from time to time in writing by giving not less than ten days advance notice to the other party. The initial addresses for the Pool and Employer shall be as follows: Address of Pool Address of Employer Executive Director Texas Municipal League Group Benefits Risk Pool 211 East Seventh Street, l 1 th Floor Austin,Texas 78701-3283 *AFTER APRIL 1994 THE POOL ADDRESS WILL CHANGE TO: Executive Director Texas Municipal League Group Benefits Risk Pool Texas Municipal Center,Unit I 1821 Rutherford Lane Austin,Texas 78754 V. Compensation I. The Employer will pay the Pool a one time fee of$50.00 for each employee or any dependent that enrolls for COBRA coverage. A family unit that enrolls together will pay only one$50.00 charge. 2. Other special services which may be requested by the Employer but are not contained in this Agreement,will be billed at a mutually agreeable hourly rate. VI. Miscellaneous Provisions 1. This Agreement represents the complete understanding of the parties and may not be modified or amended without the written agreement of both parties. 2. The parties agree that venue for any dispute arising under the terms of this Agreement shall be in Austin,Travis County, Texas. Revised 2/94 COBRA AGREEMENT-Page 4 3. The parties agree that venue for any dispute arising out of the performance under their Agreement shall be in Austin, Travis County,Texas. 4. In performing the administrative services under this Agreement,the Pool may rely without qualification on the information provided by the Employer. 5. The Pool agrees to take over the remaining COBRA administration for any of the Employer's current COBRA participants,without Employer compensation,so long as the Employer furnishes the information necessary to effectuate the transfer. 6. This Agreement is entire as to all of the performances to be rendered under it. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid,void,or unenforceable,the remainder of the provisions of this Agreement shall be void and of no force and effect. 7. It is understood that the Pool will charge the COBRA participant the administration fee allowed by the COBRA statute. VII. Termination 1. The term of this initial Agreement shall be from its effective date through September 30, 19 , at 12:01 a.m. The Employer member may annually renew the Agreement for the subsequent twelve(12)month period(October 1 through September 30)by executing and returning the Pool's rerate notice and benefit selection for each year. 2. Either party may terminate this Agreement at anytime by giving the other party written notice at least thirty(30)days prior to the specified termination date. 3. This Agreement terminates,without further notice,on the date the undersigned Employer is no longer an Employer Member of the Pool. 4. All records in possession of the Pool relating to COBRA administration at termination of the Agreement will be transferred to the Employer within five(5)business days. 5. Should this Agreement terminate for any reason it does not relieve either party of thier duties nor obligations during the period when this Agreement was in full force and effect. This Agreement is entered into for the Employer Member under authorization of at a duly called meeting held on by: (Signature) (Employer Member) (Authorized Offical Title) (Date) This Agreement Entered Into and Accepted By: TEXAS MUNICIPAL LEAGUE GROUP BENEFITS RISK POOL BY: at Austin,Texas TITLE: Executive Director Date Revised 2/94 ATTACHMENT A-Page 1 VERY IMPORTANT NOTICE Any questions about this notice should be addressed to the Plan Administrator,your Employer. CONTINUATION OF COVERAGE NOTICE Consolidated Omnibus Budget Reconciliation Act COBRA In 1986,a Federal law was enacted requiring most employers sponsoring group health plans to offer employees and their families the opportunity for a temporary extension of health coverage--called continuation of coverage--at group rates in certain instances where coverage under the plan would otherwise end. This notice is intended to inform you,in a summary fashion,of your rights and obligations under the law. Both you and your spouse should take time to read this notice carefully. If you are an employee covered by a group health plan,you have a right to choose this continuation coverage if you lose your group health coverage because of a reduction in your hours of employment or the termination of your employment,except for reasons of gross misconduct on your part. If you are the spouse of an employee covered by a group health plan,you have the right to choose continuation coverage for yourself if you lose group health coverage under the group health plan for any of the following reasons: 1. the death of your spouse; 2. a termination of your spouse's employment(for reasons other than gross misconduct)or reduction in your spouse's hours of employment; 3. divorce or legal separation from your spouse;or 4. your spouse becomes entitled to Medicare. In the case of a covered dependent child of an employee covered by a group health plan,he or she has the right to continuation coverage if group health coverage is lost for any of the following reasons: 1. the death of a parent; 2. the termination of a parent's employment(for reasons other than gross misconduct)or reduction in parent's hours of employment; 3. parent's divorce or legal separation; 4. a parent becomes entitled to Medicare;or 5. the dependent ceases to be dependent child under the group health plan. Under the law,the employee or a family member has 60 days to inform the employer of a divorce,legal separation,or a child's losing dependent status under the group health plan. When the employer is notified that one of these events has happened,the employer will in turn notify you and your covered dependents that you have the right to choose continuation coverage. Under the law,you have 60 days from the date you would lose coverage because of one of the previously described events to inform your employer that you want continuation coverage. Revised 2/94 • ATTACHMENT A-Page 2 If you choose continuation of coverage,your employer is required to offer you coverage which,as of the time coverage is being provided,is the same as the coverage provided under the plan to active employees and their family members. The law requires that you be afforded the opportunity to maintain continuation of coverage for: 1. up to eighteen(18)months if you as an employee or dependent lose coverage due to: a. termination of employment; b. reduction in hours; 2. up to twenty-nine(29)months if you as an employee or dependent qualify as totally disabled under Social Security and your disability began prior to your qualifying event. 3. up to thirty-six(36)months if you as a dependent lose coverage due to: a. death of your spouse; b. divorce from your spouse; c. your spouse's entitlement to Medicare; d. ceasing to be a dependent child under the group health plan. However,the law also provides that your continuation of coverage may be terminated for any of the following reasons: 1. your former employer no longer provides group health coverage to any of its employees; 2. you do not make the contribution for your continuation coverage; 3. you become covered under another group health plan;however,you may continue your coverage if your subsequent group plan reduces your benefits due to a pre-existing condition limitation; 4. you become entitled to Medicare. You do not have to provide evidence of good health to choose continuation of coverage. However,under the law,you may have to pay all of the contribution plus a 2%administration fee for your continuation of coverage. In situations where an 18-month COBRA continuation is extended to 29 months due to disability,the monthly contribution increases an additional 50%after the initial 18-month period. The law also states that at the end of the 18-month,29-month or 36-month continuation coverage period,you may be allowed to enroll in an individual conversion health plan provided under the group health plan. Revised 2/94 Corpus Christi Office: Dallas Office: � L� Hoastow Office: 5151 Flynn Pkwy. 14275 Midway Rd. 363 N.Sun Houston 23 Sou k Office: Suite 412-C Suite 220 East 3223 South Loop 289 Corpus Christi,Texas 78411 Dallas,Texas 75244 Suite 1100 Suite 240-Q Houston,Texas 77060 Lubbock,Texas 79423 (512)853-3356 (214)980-3723 GROUP BENEFITS RISK POOL (713)820-7822 (806)793-2440 TEXAS MUNICIPAL LEAGUE GROUP BENEFITS RISK POOL 211 EAST SEVENTH STREET,SUITE 1100 AUSTIN,TEXAS 78701 (512)320-7863 MEMORANDUM TO: All Pool Members DATE: March 15, 1994 RE: COBRA Eligibility and Administration All employers providing their health benefits through the TML-Group Benefits Risk Pool are required to make continuation of coverage available to their employees under Consolidate Omnibus Budget Reconciliation Act of 1985 (COBRA). Please refer to the enclosed letter on COBRA from Catherine Fryer, Pool General Counsel. The decision of whether or not to make COBRA continuation of health benefits available rests with the employer because under the statute it is an employer responsibility. As an employers you not only have to be aware of the laws regarding COBRA, but also regulatory interpretations by federal agencies. COBRA regulations can be issued by the Internal Revenue Service (IRS), the Department of Labor (DOL), the Department of Health and Human Services (HHS) and the Office of Personnel Management (OPM). Our Board of Trustees encourage you to have the Pool administer COBRA for you. Their reasoning is four-fold: 1 • Several Pool members have requested this service due to problems in staying current on the required procedures and to relieve the administrative burden. 2. The Pool has experienced problems when Pool members give an individual on COBRA an extension of time to pay the monthly contribution only to find the person dropped coverage. In the interim, the Pool's staff may have pre-authorized benefits or pre-certified a hospitalization not knowing the person would terminate. When this happens the Pool must pay the claims even though coverage has terminated. 3. The Pool is drawn into any litigation involving COBRA whether or not the Pool does COBRA administration. 4. It is easier to train and monitor Pool staff on changes in COBRA than to train over 400 city and other public entities who must deal with COBRA infrequently. The Pool staff have developed the procedures, forms, notices and an individual billing mechanism to administer COBRA. The charge to the employer participating in the Pool is 550 per COBRA enrollee. The charge is not for everyone who is mailed a COBRA notice but just those who actually enroll for COBRA. The administrative fee set out in the statute (in most cases 2%) will be charged to the individual COBRA enrollee, not the employer. 2 Enclosed is an agreement which you need to have approved, signed and returned to the Pool if you want the Pool to handle COBRA administration for you. The agreement has a blank for the month when COBRA administration will begin. Please give the Pool at least 30 days advance notice. If you do not execute and return the enclosed agreement, it is understood that you will administer COBRA yourself and that the Pool has no responsibility for COBRA administration for your employees. If you have any questions or need additional information on this memorandum, please do not hesitate to contact your Benefit Services Representative. Terry D( Hale Executive Director Attachments NNW MEM TML I:HI II I. III\IIII, It',.1 I .---• •,„•„.„:..,,i,, ,i•.::,•.„••„,•.„i,i,,i.::.1.:::,:..11.,..,:::,,...,....i,...E,,..,•-...,i.,.,,,i,::....,:',..:1.,i.:i.:i,:.......:::W.... •••• y•---11.44...--ii.:(.......Ity.,....,.....-;..t......0ant.,.111..,..,::::::,........„.,:.........:.,..,....:..::.:-..,i,:,..:i.,1...iil.,..,...,:.,:.:.:1:::.:.::.::.,..:.,..*::.: .::.,,,,.:,„,,...,..-.:„::,....-..,:-.::.:::.:.::.:::::::::.......:.:-....: .......".......:,,,.:,.:.: :::.-....,... .:.:..:.,.,.,.,.,,,,,:y_-...:;: 1.1.1........ .. .....imilimminimimi Its ... ISSUE As Council is aware, funds are remaining in the Urgent Need Grant approved by the State. The applications before you represent the second "round" of applications we've received and considered.. .- BACKGROUND Backgrounds for each of the applications we received are attached. These applications were solicited — through the newspaper, churches, and posting at City Hall. As you can see, we did not have an overwhelming response. - LEGAL CONSIDERATIONS Once Council approves the applications, they will be submitted to the State for approval. As you will recall, - the State was somewhat reluctant to approve some of the last applications. They have since indicated that while they will review the applications carefully, they will not spend as much time reviewing them since they have "practiced" on our first round. COMMITTEE RECOMMENDATION The Housing Advisory Board met and reviewed these applications. Their minutes are attached. In addition. they are recommending that if funds are not expended in a reasonable amount of time on Wylie citizens, that we _._ petition the State to amend the guidelines to include areas in our ETJ. There are two applications that were denied on Paul Wilson Road. The committee is, however, being cautious regarding the expenditure of the funds until they are certain that all "urgent" need applicants have had an opportunity to apply. STAFF RECOMMENDATION .._, Staff is recommending approval of the applications as recommended by the Housing Advisory Board. ATTACHMENTS (1) Committee Recommendations (2) Minutes of Housing Advisory Committee (3) Letter from GSA /74a,t-7/646Q-6-) Submittec By Approved By HOUSING ADVISORY COMMITTEE RECOMMENDATIONS 11/17/94 Judy Taylor. 134 Glen Knoll - Ms. Taylor's mobile home and all of the contents were a total loss. The applicant had purchased the mobile home for $13,900 sixteen months before the tornado and her insurance company paid $12,000 for the loss. Therefore, the applicant lost approximately $1,900 of her equity in the home. The applicant also received an additional insurance settlement of$400 for the loss of a storage building and covered porch with an estimated value of $2,850. Therefore, the applicant also suffered an additional loss in equity of $2,450. Therefore, the total loss in equity was approximately $4,350. The applicant received an insurance settlement of $4,350 for the contents of the home and out of pocket expenses. The applicant also received a voucher for approximately $160 from the Red Cross to replace her son's bedroom furniture which was lost in the tornado and Wylie Ministerial Alliance provided the applicant $1,600 to assist in the down payment for her replacement home. Although Ms. Taylor's mobile home was insured, the applicant purchased a home (37 days later) that resulted in significantly higher monthly payments due to the fact that affordable housing was not available. Her monthly mortgage payments prior to the tornado were $218.82 plus $150 for her mobile home lot rental - a total of $368.82 per month. The applicant's current monthly mortgage payment is $734.69, an increase of $365.87 per month. Although the applicant has been faced with a mortgage payment that is almost twice the amount prior to the tornado, she has upgraded her home from a $13,900, two bedroom, one bathroom mobile home to a $65,700, three bedroom, two bathroom, two car garage, single family brick home. However, because of the increase in the cost of housing, the applicant was unable to meet other financial obligations. As a result her vehicle was repossessed in July of 1993 and she was forced to file bankruptcy in January of 1994. The Housing Advisory Committee recommends providing relocation assistance to make the applicant's replacement home more affordable. Mildred Eaves, 106 East Brown - The roof of Ms. Eaves' home was seriously damaged by the tornado. The applicant has lived in the home for 30 years, the home is paid for but it was not insured. The current tax appraisal value of the applicant's property is $6,000 for the lot and $11,920 for the improvements for a total value of $17,920. A new roof was installed through the Wylie Ministerial Alliance. However, since the ceiling of the applicant's home was also damaged, it also needs to be replaced. The applicant's only other asset in addition to her home is a 1982 Pontiac that is valued at $400. She has no savings or checking accounts and she is an elderly resident that relies exclusively on a monthly Social Security benefit of$466 and $11 in food stamps. The Housing Advisory Committee recommends providing rehabilitation assistance to pay for the cost to repair the applicant's home that was damaged in the tornado. HOUSING ADVISORY COMMITTEE RECOMMENDATIONS 11/17/94 Page 2 Martin and Maria Esquivel. 105 South Cottonbelt - The Esquivel's home and all of the contents were a total loss. The home was paid for but the applicants were uninsured. The home that was destroyed was a three bedroom, one bath, frame house with a living room, dining room and kitchen (approximately (1,288 sq. ft.) with a tax appraisal value of $6,709 for the home and $10,000 for the lot. Mr. Esquivel was unemployed for six months after the tornado. During that time he rebuilt the home on the same lot. The new home is a four bedroom, one bathroom frame home with a living room, kitchen and laundry room (approximately 1,280 sq. ft.). Wylie Ministerial Alliance provided $750 for the purchase of ten roof trusses and E-Systems provided manpower to frame the house and provided materials and manpower to shingle the roof. All other building materials were purchased by the applicants with $10,000 that they had in savings and with a $20,000 loan from the Small Business Administration. The applicants are requesting funds for the following: complete the reconstruction including painting the interior and exterior of the house, raise and level the pier and beam structure and install a heating and air conditioning system. In addition, the applicants are now paying $98 per month for a term of 30 years on the loan from the Small Business Administration where they had owned their home free and clear prior to the tornado damage. The Esquivel's also own the house next door to their home which has a tax appraisal value (lot and improvements) of $14,421. Since the property is vacant and used for storage, the applicants do not receive any rental income from the property. The Housing Advisory Committee recommends providing relocation assistance to complete the rebuilding of the applicants' replacement home and to assist in the reduction of their mortgage. David and Carolyn Tuttle 112 Fairmount - Mr. and Mrs. Tuttle's home was damaged by the tornado. The home was insured and a settlement in the amount of $7,671.11 was received by the applicants for major repairs. The applicants suffered the loss of their insurance deductible of $250 and the depreciation of their fence by the insurance company in the amount of $770.00 for a total loss of $1,020.00 In addition, after the applicants had settled the claim with their insurance company, they discovered damage to the windows and overhead garage door of their home. Therefore, the applicants are requesting assistance for replacing the six windows that have developed moisture infiltration between the insulated glass and for replacement of their overhead garage door. Photographs of the windows and garage door are attached. Bids have been received for the proposed work. The low bid for window replacement is from Plano Glass and Mirror at $813.37 and the low bid for overhead garage door replacement is from Security Garage Doors at $517.66 for a total cost of $1,331.03. The Housing Advisory Committee recommends postponing a decision on the applicants' request until all prospective applicants who suffered damage from the tornado have been considered. WYLIE DISASTER RELIEF PROGRAM APPLICATION SCORING Judy Taylor, 134 Glen Knoll Income 15 Head of Household 15 Disability/Handicap 0 Dependent Children 1 Insurance Settlement 15 Unusual or Hardship Circumstances 10 TOTAL 56 Mildred Eaves, 106 East Brown KK Income 15 Head of Household 15 Disability/Handicap 5 Dependent Children 0 Insurance Settlement 25 Unusual or Hardship Circumstances 15 TOTAL 75 Martin and Maria Esquivel, 105 South Cottonbelt Income 15 Head of Household 0 Disability/Handicap 0 Dependent Children 4 Insurance Settlement 25 Unusual or Hardship Circumstances 15 TOTAL 59 APPLICATIONS IN PROGRESS: Franklin and Doris Smith Glenn and Paula Elliott Wesley and Paula Scallia APPLICATIONS STILL PENDING: David and Carolyn Tuttle Paul and Dawn Henry APPLICATIONS WITHDRAWN: Don and Gina Bean MINUTES OF THE HOUSING ADVISORY BOARD (TEXAS DEPARTMENT OF HOUSING &COMMUNITY AFFAIRS URGENT NEED GRANT) November 17, 1994 CALL TO ORDER The meeting was called to order at 6:30 p.m. with the following members present: James Blakey, Reta Allen, and Mary Nichols. Also present were David Lewis and Byron Bolliger representing Government Service Agency, the firm hired by the City of Wylie to assist in the grant administration. REVIEW OF PREVIOUS BOARD ACTIVITIES AND STATUS OF PREVIOUSLY APPROVED APPLICATIONS Mr. Lewis reviewed the applications formerly approved by the board and noted their status as follows: Don & Gina Bean - withdrew application because State was requiring that the proceeds from their insurance settlement be exhausted before receiving grant assistance. The Beans have since sold the house damaged by the tornado. Glenn & Paula Elliott - received funds to assist in the back mortgage payments and although approved for rehabilitation assistance as well, such assistance pending submission of bids by Mr. Elliott. Carolyn Robinson - received funding under relocation to repay loan from American National Bank for reconstruction of home. Franklin & Doris Smith - received funding to complete new home. Remaining approved funds to be used to buy down mortgage upon completion of repairs. Wesley & Pam Scallia - relocation funds approved but difficulty qualifying for loan to purchase new structure. Believed to have moved to Lavon. Paul & Dawn Henry - Closing on Property outside of City. No longer qualifies. DISCUSSION REGARDING APPLICATIONS RECEIVED FROM STORM VICTIMS WHO HAVE MOVED OUTSIDE OF THE CITY LIMITS The Board agreed that when no more applications are being submitted from Wylie residents, if funds are remaining, the board will consider asking the City Council to amend - the guidelines to include those areas damaged in the Extra Territorial Jurisdiction and/or those storm victims who lived in Wylie at the time of the storm and have since moved outside of the City Limits. 1 REVIEW OF APPLICATIONS The Board reviewed then ranked the most recently submitted applications according to the ranking system adopted in the guidelines. Applications were ranked with points as follows: Mildred Eaves Judy Taylor Income 15 Income 15 Head of Household 15 Head of Household 15 Disability/Handicap 5 Disability/Handicap 0 Dependent Children 0 Dependent Children 1 Insurance Settlement 25 Insurance Settlement 15 Hardship circumstances 15 Hardship circumstances 10 Housing costs 0 Housing costs 0 TOTAL 75 TOTAL 56 Martin & Maria Esquivel Income 15 Head of Household 0 Disability/Handicap 0 Dependent Children 4 Insurance Settlement 25 Hardship circumstances 15 Housing costs 0 TOTAL 59 Regarding the application by David and Carolyn Tuttle, the Board agreed to consider the application at a later date, giving an opportunity for higher need storm victims to apply first. RE-ADVERTISEMENT OF GRANT AVAILABILITY Upon conclusion of the application review, the Board discussed opening the applications continuously with no closing deadline until funds are exhausted. ADJOURNMENT As there was no further business to come before the Board for consideration the meeting adjourned at 9:30 p.m. APPROVED 2 V � GSA_ GOVERNMENTAL SERVICE AGENCY, INC. November 18, 1994 Ms. Mary Nichols, City Secretary City of Wylie P. O. Box 428 Wylie, Texas 75098-0428 Re: Wylie Disaster Relief Housing Advisory Committee Recommendations Dear Ms. Nichols: Enclosed is a summary of the Housing Advisory Committee recommendations from the meeting that was held on Thursday, November 17, 1994. Please place this on the agenda of the next City Council meeting for their consideration and approval. Pending their approval. GSA will proceed with cost estimates and a request for approval of the assistance for these applicants from the Texas Department of Housing and Community Affairs. If you have any questions, please feel free to contact me at (214) 342-1892. Sincerely, GOVERNMENTAL SERVICE AGENCY, INC. l�S�O Byron Bolliger Grants Administrator Enclosure 9500 Forest Lane, Suite 408 Dallas, Texas 75243 (214) 342-1892 Fax (214) 342-1896 ...y. . . ••. • .:y... .• ..y-count ...,:;,,•;:.:::•:••••:•,•,..,-„,:,...:,...„..„•:•:•:-.•:•,••••-••••••••••••••••••••••:•,•:•:•-••:•:•,•-••:••••:•:•:••••:•,....:•••••••:.•:••••,••••••••.••••••••.•:•:•:•:••••••••••••••••:••••,••••••••••••••••„•:•:•:•:••••••••••••••••:•:•-••:•:•:•,•:•,•:.....„•:•:.•••••••:•••••••:•:••••:••••:•:...•••.••••••••••••••••:••••••••••••••••••••••••••••-•••••••••••••••••••••••••••••••••••••••..-•:-•-•:--••••••••••,•:•,••••••<•••••••,••••••••••••••••:-...„.•-•„:••••••••••••••„....--••••:•-••,••••:••••••••••••„:":„.„"""„:„.„:":„.„:„::::":::.•:::::::::"„,::: ••• • • ••• • • ••••• • • •• •• •• • •••••• • ••••• ••••••••••••• ••••• ••• •••••••••• ate: cy td For:ga iat�atian: lro a ; n " ��e : ant ISSUE Glenn and Paula Elliott's home is a tornado rehab project that was formerly approved by Council in April, 1994. They have submitted bids for the repairs left to complete their rebuilt home. BACKGROUND The attached bid tabulation by GSA is recommending award of bids as follows: General Carpentry & Painting & Installation James Sherman $1,675.00 Leveling and Concrete Pedro Estrada $5,959.00 Oven and Installation Gold Star $1,179.00. COMMITTEE RECOMMENDATION The Housing Advisory Board met and reviewed this application formerly. No additional approvals were required for these bids to come before the City Council. STAFF RECOMMENDATION Staff is recommending award of the bids as recommended. A motion to approve will award the bids as outlined above. ATTACHMENTS (1) Bid Tabulations (2) Minutes of Housing Advisory Board April 7, 1994 0,(44//ielt-621 Submitte By Approved By v i • GSA GOVERNMENTAL SERVICE AGENCY, INC. November 28, 1994 Ms. Mary Nichols, City Secretary City of Wylie P. O. Box 428 Wylie, Texas 75098-0428 Re: Wylie Disaster Relief Glenn & Paula Elliott Dear Ms. Nichols: -• Enclosed are the bids obtained by Glenn and Paula Elliott for rehabilitation work on their replacement dwelling located at 409 Ballard Street. As you are aware, the Elliotts were approved for $14,513.44 which was to be used for these improvements and to pay delinquent mortgage payments. $4,513.44 has already been funded to the Elliotts for the mortgage payments leaving $10,000 for improvements. The bids received are as follows: General Carpentry and Painting and Insulation (labor only) Seamco Unlimited $2,325.00 James Sherman $1,675.00* Leveling and Concrete Seamco Unlimited $6,600.00 Pedro B. Estrada $5,959.00* Merit Contractors $5,685.00 Oven and Installation All Appliances & Parts $1,185.00 Gold Star Distributors, Inc. $1,179.00* * Recommended for Approval. Please note that I have recommended the second low bidder for the Leveling and Concrete work as requested by the Elliotts. The total cost of the recommended bids is $8,804.00 which leaves $1,196.00 to be used to set up an account with Home Depot for the purchase of the needed materials. 9500 Forest Lane, Suite 408 Dallas, Texas 75243 (214) 342-1892 Fax (214) 342-1896 Ms. Mary Nichols November 28, 1994 Page 2 Upon approval of the bids by the City Council, please let me know so that I can make the necessary arrangements for the purchase of materials and contracting for the work to be done. If you have any questions, please feel free to contact me at (214) 342-1892. Sincerely, GOVERNMENTAL SERVICE AGENCY, INC. /22 Byr n Bolliger Grants Administrator Enclosure NOVEMBER 23 , 1994 DAVID LEWIS GOVERNMENTAL SERVICE AGENCY 9500 FOREST LANE , STE 408 DALLAS , TX 75243 DEAR DAVID , ENCLOSED ARE THE BIDS/PROPOSALS WE FINALLY RECEIVED . I WAS BEGINNING TO THINK THIS WAS NEVER GOING TO COME TOGETHER . PATIENCE HAS NEVER BEEN ONE OF MY STRONG POINTS . GLENN TOLD ME TO INCLUDE OUR CHOICE OF CONTRACTORS WHEN SUBMITTING THE PROPOSALS TO YOU . WE WOULD LIKE FOR PEDRO B . ESTRADA TO DO THE CONCRETE WORK , DAMES SHERMAN OF BRITE LIGHTS OF DALLAS TO DO THE REMAINDER OF THE WORK , AND .I THINK GOLD STAR DISTRIBUTORS GAVE A BETTER PRICE FOR THE OVEN AND INSTALLATION . WE WOULD LIKE FOR YOU TO SET UP THE ACCOUNT WITH HOME DEPOT FOR PURCHASING THE MATERIALS . AT THIS TIME OF THE YEAR WE WOULD BE UNABLE TO PURCHASE THE MATERIALS AND WAIT FOR REIMBURSEMENT . WE HOPE YOU AND YOUR FAMILY HAVE A NICE THANKSGIVING AND WE LOOK FORWARD TO HEARING FROM YOU SOON REGARDING THESE PROPOSALS . T ), YOU , //nCp 45( HULA ELLIOTT 409 N . BALLARD P .O . Box 295 WYLIE , TX 75098 Proposal Proposal No...L 1 a4na6,X Laa,, FROM 7005 avtal Sheet No.2 Sac usay Tx, 75098 Date/f/,/ Proposal Submitted To Work To Be Performed At Name .Ael/ /" // Street ��: Street Al 4 City /.r1�� a.� City / Date of State Architect iX-.4 Telephone Number V/1/- i ',%�r-/ W hereby propose to furnish all the materials and perform all the bor necessary for the completion of , .//140:4, . �a1 24' /rt /1,�� 4, z 7 gig r � � z4e42 �[ .I�hYi� DLT 1 ,Q� �jl��-tip f/MC-zi,de," # / 5(7-f 4.401 grki4 r r , d eAdze. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ /107 ebr- ). �- with ayments to be made a follows: Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessa ins ance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by Respectfully submitted Per �.. Note—This proposal may be withdrawn by us if not accepted within ,3© days �-- ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Date Signature TOPS FORM 3450 e) LITHO IN U. S. A. V JUN-29-94 WED 10 :49 GOV ' T SERVICE AGENCY 2143421E39e, • r'. et • "Po WORK WRITE-UP AND BID Owner. Glenn Elliot, 409 N. Ballard,Wylie,Texas Phone: 442-2516 All materials and products installed, and the performance of the work in general, shall be of such kind and quality to assure that the quality of the workmanship and materials is to the satisfaction of the City and the Owner. All construction and materials shall comply with minimum state,federal, and local statutes, codes, and ordinances. The contractor shall be responsible for securing applicable building,electrical,plumbing and other construction permits. General Carpentry and Painting Install guard rail on front porch. Guard rail shall include molded top rail,flat bottom rail,wood spindles, and 4" x 4" x 8' U-groove posts. $c'?i"l2L Install under counter oven (#9475 RB) and Magic Chef 30" glass cook top(#8261RB). Also, install Wilsonart Canyon Blue(#1753-1) countertop and cabinet facing for stove area. Install flue pipe for microwave exhaust. $ 21(5. Install and paint wood casing on 3 exterior personnel doors and on inside of personnel door in garage. $ Paint front porch guard rail, back porch posts,and wood casings on 3 exterior personnel doors and on inside of personnel door in garage. Paint shall be of high quality exterior or interior grade latex or oil rich paint with color selected by owner. Apply sufficient coats of paint to secure coverage. Paint shall be applied with brush. Fill in and seal all seams,knot holes, cracks and nail holes before painting. $t Insulation Insulate attic to R-19 insulation factor. Install baffle at perimeter to keep insulation off soffit vents. $ ? Leveling and Concrete Level lot to provide adequate slope from house for drainage. Remove and/or add fill dirt where needed. Install 4"thick,3000 psi,#3 rein- forcement bar, 24" o.c.b.w. concrete driveway placed on 4" sand cushion. (See attached drawing.) $12/72ka_ TOTAL BID: G°'rna"X Rcenauv $ //,,ZS '—" 7005 l,naat Bid submitted by: Sam T. 75098 Name: Address: #V .G 7242,2 /./1// �.Y 7.sas/e5"' Phone: *'S��—�c57 :H1-;4 : - -- 1 :._ _ _ __ 3. TERRY COLLIER GENERAL HOME REPAIR & MAINTENANCE L 9007 Angora Street • Dallas, Texas 75218 • (214) 328-9496 _ Proposal - Acceptance L.......— 1 Proposal Subm tte To: Work To Be Performed At: Name c- q- At, 1 b--'// j Name .SAMe Street cf.0 41,1.1, K?// o e Street City & State � ifx 7 B City & State - Home Telephone 146. 64.2 - A Si 6 Home Telephone No. Office Telephone No. Office Telephone No. L FAX Ca') - 3/ - 13Re JOB DESCR r1 i !0� nh( nf -,`oV !lP W $' Iy PT fl 1 ceGr ri �Pr /o Ito . 2.5 ' '' h / "i mv;7 4 1 2 of" E a d 4 eiQc /Qs1. ©Yet 1n7PW c.ok A r1' _ "� /�/ 01) P A Gl 4 51/ /� 11,11;1,504 t-tp) 2 / 7; 3 -- 1 1Aye .1 .41 1)/(25 ,‹ /° 71 no1 e • I_ Estimated Cost of Materials : Ji/ _7 �� Estimated Cost of Labor: 0 -a Total (tax included) : it 3.25la 1 TERMS: 50% of total estimate, or total cost of materials, whichever is greater, in advance. f BALANCE DUE IMMEDIATELY UPON COMPLETION OF JOB. DEPOSIT: BALANCE DUE; If 1 materials are guaranteed to be as specified and work to be performed and completed in a substantial workmanlike manner. y alteration or deviation from above specifications involving extra costs will be executed only L, on written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon accidents or delays beyond my control. Customer to carry fire, tornado and tither necessary insurance upon above work. Acceptance of Proposal The above specifications and price are satisfactory, and this proposal is hereby accepted. Fp yment will be made as outlined above. customer: Dated: Acceptance by Terry Collier I, Terry Collier, hereby agree to perform the work as specified above, for the price above L ;ted. Cat:c...-i- /3/YZ 4e 'r WORK WRITE-UP AND BID Owner Glenn Elliot, 409 N.Ballard,Wylie,Texas phone: 442-2516 All materials and products installed, and the performance of the work in general, shall be of such kind and quality to assure that the quality of the workmanship and materials is to the satisfaction the City and the Owner. All construction and materials shall comply with minimum state,federal, and local statutes, codes, and ordinances. The contractor shall be responsible for securing applicable building,electrical,plumbing and other construction permits. General arpcnt y and Painting Install guard rail on front porch. Guard rail shall include molded top S�3 rail,flat bottom rail,wood spindles, and 4" x 4" x 8'U-groove posts. $ Install under counter oven (#9475 RB) and Magic Chef 30" glass cook top (#826 RB). Also, install Wilsonart Canyon Blue (#1753-1) ,/�, countertop and cabinet facing for stove area. Install flue pipe for �"� ZS4�i microwave exhaust. P t"' Install and paint wood casing on 3 exterior personnel doors and on $ /SOa° inside of personnel door in garage. Paint front porch guard rail, back porch posts,and wood casings on 3 exterior personnel doors and on inside of personnel door in garage. Paint shall be of high quality exterior or interior grade latex or oil rich paint with color selected by owner. Apply sufficient coats of paint to secure coverage. Paint shall be applied with brush. Fill $ 7 in and seal all seams,knot holes, cracks and nail holes before painting. insulation Insulate attic to R-19 insulation factor. Install baffle at perimeter to $ keep insulation off soffit vents. Leveling and Concrete Level lot to provide adequate slope from house for drainage. Remove and/or add fill dirt where needed. Install 4"thick,3000 psi,#3 rein- forcement bar, 24" o.c.b.w. concrete driveway placed on 4" sand $ �� cushion. (See attached drawing.) TOTAL BID: q . s8 �� Bid submitted by:Name: Segmco lln Pre L1ed /_re Seat ScA iuc -- Address:- l I �za%r m ou h-t D k &Jj///e T) 7s0 9g Phone: 214 ' /'!Z '3/y� GLENN ELLIOTT 409 N . BALLARD WYLIE , TX 75098 MAGIC CHEF (#9475 RB ) UNDER COUNTER OVEN MAGIC CHEF (#8261 RB ) 30" GLASS COOK TOP ALL APPLIANCES & PARTS 2609 FOREST LN GARLAND, TX (214) 487-8088 --BONNIE (BY PHONE ) #9475 RB $663 .00 #8261 RB $382 .00 INST . $140 . 00 (APPROX) DEL . 0 . 00 $1 , 185 . 00 GOLD STAR DISTRIBUTORS , INC . 520 N . CENTRAL EXPWY . RICHARDSON , TX ( 214 ) 238-9541 -DAN MILLER ( BY PHONE ) #9475 RB $666 . 00 #8261 RB $423 .00 INST . 90 . 00 DEL . 0 . 00 $1 , 179 . 00 WORK WRITE-UP AND BID Owner: Glenn Elliot, 409 N. Ballard,Wylie,Texas Phone: 442-2516 All materials and products installed, and the performance of the work in general, shall be of such kind and quality to assure that the quality of the workmanship and materials is to the satisfaction of the City and the Owner. All construction and materials shall comply with minimum state,federal, and local statutes, codes, and ordinances. The contractor shall be responsible for securing applicable building,electrical,plumbing and other construction permits. General Carpentry and Painting Install guard rail on front porch. Guard rail shall include molded top rail, flat bottom rail, wood spindles, and 4" x 4" x 8' U-groove posts. S Install under counter oven (#9475 RB)and Magic Chef 30" glass cook top(#826(RB). Also, install Wilsonart Canyon BIue (#1753-1) countertop and cabinet facing for stove area. Install flue pipe for microwave exhaust. S Install and paint wood casing on 3 exterior personnel doors and on inside of personnel door in garage. S Paint front porch guard rail, back porch posts,and wood casings on 3 exterior personnel doors and on inside of personnel door in garage. Paint shall be of high quality exterior or interior grade latex or oil rich paint with color selected by owner. Apply sufficient coats of paint to secure coverage. Paint shall be applied with brush. Fill in and seal all scams,knot holes,cracks and nail holes before painting. S Jnsulation Insulate attic to R-19 insulation factor. Install baffle at perimeter to keep insulation off soffit vents. S Leveling and Concrete Level lot to provide adequate slope from house for drainage. Remove and/or add fill dirt where needed. Install 4"thick, 3000 psi,#3 rein- forcement bar, 24" o.c.b.w. concrete driveway placed on 4" sand cushion. (See attached drawing.) $ C 9,50 0o TOTAL BID: $ ( SO Bid su. .. •-• by: Name: o d rQ Address: /7607 ( Q / L/1 ) S a c-As 1 % 7.5-64tg Phone: 69 /'/) " 3 5 agonic Corp . TEL : 214-864-1980 Sep 14 ,94 12 : 06 No .001 P .03 WORK WRITE-UP AND BID Owner,. Glenn Elliot, 409 N.Ballard,Wylie,Texas phone: 442-2516 All materials and products installed, and the performance of the work in general, shall be of such kind and quality to assure that the quality of the workmanship and materias is to the satisfaction of the City and the Owner. All construction and materials shall comply with minimum state,federal, and local statutes, codes, and ordinances. The contractor shall be responsible for securing applicable building, electrical,plumbing and other construction permits. General Carpentry and hinting Install guard rail on front porch, Guard rail shall include tnolded top `a1 rail, flat bottom rail,wood spindles, and 4" x 4" x 8' U-groove posts. S Install under counter oven (#9475 RB) and Magic Chef 30" glass cook top(#826 RB). Also,install Wilsonart Canyon Blue (#1753-1) countertop and cabinet facing for stove area. Install flue pipe for -_ microwave exhaust. Install and paint wood casing on 3 exterior personnel doors and on ---& inside of personnel door in garage, Paint front porch guard rail, back porch posts, and wood casings on 3 exterior personnel doors and on insadc of personnel door in garage. Paint shall be of high quality exterior or interior grade latex or oil rich paint with color selected by owner, Apply sufficient coats of paint to secure coverage. Paint shall be applied with brush. Fill in and seal all seams,knot holes,cracks and nail holes before painting. $ Insulation Insulate attic to R-l9 insulation factor. Install baffle at perimeter to keep insulation off soffit vents. j,,cveling and C ncrete Level lot to provide adequate slope from 4't house for thick, drainage. 30 0 psi 3 Removemn- and/or add ill dirt where needed. ._ forcement bar,24"o.c.b.w. concrete driveway placed on 4" sand ��5f �S S-DPI cushion. (See attached drawing.) • ES,oo Tt7FAL BID: . • Bid submitted by: Name: • -��.. ,•, r"' ,(,I? 3oa �C'LK r� /� y /Nate .��.:� tom. Address: - S Phone: off/Si .. ?1` 'Agonic Corp . TEL : 214-864-1980 Sep 14 ,94 12 :04 No .001 P .02 MERIT CONTRACTORS, INC. Bonded Commorciai Construction 10920 Indian Trail, Suits 302 Dallas, TX 75229-3535 214.484-9799 Fax 214-484-0559 PROPOSAL A7'I:N: GLENN ANI) I'AUI.A El LIOT 409 NORTH BALLARD 9/14/94 WYJ.IE, TEXAS MR.ANI)MRS. ELL I OT: THANK YOU FOR THIS OPPORTUNITY TO SUBMT THIS PROPOSAL IN REFERENCE'TO'TIIE DRIVE ANn SIDEWALK WORK TO BE DONE AT 409 NORTH BALLARD,WYLIE,'TEXAS. WE PROPOSE To FURNISH LABOR,MATERIALS,SUPERVISION, EQUIPMENT, ANI) INSURANCE DIRECTLY RELATED TO I'ERI"ORM TI.1' FOLLOWING: 1) EXCAVATE ANI) HAUL OFF 2) SET DRIVE AND SIDEWALK 3) POUR AND FINISJI CONCRETE 4) STRIP FORMS AND CLEAN UI' GRADE FOR DRAINAGE LABOR S 2,920.00 MATERIALS& EQUIPMENT 2.765.00 'TOTAL,AMOUNT THiS PROPOSAL, S5,685.00 THANK YOU, /.(1,';7) - • F'REDERICK K.MCMI►RI)Y MINUTES OF THE HOUSING ADVISORY BOARD (TEXAS DEPARTMENT OF HOUSING &COMMUNITY AFFAIRS URGENT NEED GRANT) April 7, 1994 CALL TO ORDER The meeting was called to order at 7:00 p.m. with the following members present: James Blakey, Geline Dodd, Reta Allen, Don Yeager, and Mary Nichols. Also present was David Lewis representing Government Service Agency, the firm hired by the City of Wylie to assist in the grant administration. APPROVAL OF MINUTES OF MARCH 31ST Upon motion made by Dodd and seconded by Allen, the minutes were unanimously approved. REVIEW OF DISASTER RELIEF PROGRAM GUIDELINES AND PREVIOUS BOARD ACTIVITIES Mr. Lewis reviewed the guidelines and ranking process that had been adopted by the City Council of the City of Wylie and accepted by the State. He also updated the Board on the information obtained on the individual applications and from the State regarding the approval process and limitations of the board. REVIEW OF APPLICATIONS The Board reviewed then ranked the applications according to the ranking system adopted in the guidelines. Applications were ranked with points as follows: Don and Gina Bean TOTAL 59 Income 15 Wesley & Pam Scallia Head of Household 0 Disability/Handicap 0 Income 15 Dependent Children 9 Head of Household 0 Insurance Settlement 0 Disability/Handicap 0 Hardship circumstances 5 Dependent Children 3 Housing costs 0 Insurance Settlement 0 TOTAL 29 Hardship circumstances 10 Housing costs 0 Glenn & Paula Elliott TOTAL 28 Income 15 Franklin & Doris Smith Head of Household 0 Disability/Handicap 0 Income 15 Dependent Children 4 Head of Household 15 Insurance Settlement 25 Disability/Handicap 5 Hardship circumstances 15 Dependent Children 0 Housing costs 0 Insurance Settlement 15 Hardship circumstances 5 Susan Frederick Housing costs 0 TOTAL 55 Income 15 Head of Household 15 Bernice Rogers/Carolyn Robinson Disability/Handicap 0 Dependent Children 1 Income 15 Insurance Settlement 0 Head of Household 15 Hardship circumstances 5 Disability/Handicap 0 Housing costs 0 Dependent Children 4 TOTAL 36 Insurance Settlement 25 Hardship circumstances 15 Housing costs 0 TOTAL 74 Paul & Dawn Henry Income 15 Head of Household 0 Disability/Handicap 0 Dependent Children 3 Insurance Settlement 15 Hardship circumstances 15 Housing costs 5 TOTAL 53 An application submitted by Lummie Wolfe was deferred from ranking pending additional information regarding residency at time of tornado. The Board asked Mr. Lewis to contact the insurance company regarding their cancellation of her policy and to verify with building inspection if the building was condemned prior to the date of the tornado. An application submitted by David and Carolyn Tuttle was deferred from ranking pending additional information regarding the insurance company's non-payment of damages to garage door and replacement of vapor-locked windows. RECOMMENDATIONS ON APPLICATIONS Yeager made a motion to recommended that each of the ranked applications be forwarded to Council for consideration as follows based on their eligibility following inspections on each application, housing comparison studies on each application, and subject to the applicants meeting all qualifications within the guidelines. Don and Gina Bean Rehabilitation of Residence - Maximum $10,000 Glenn and Paula Elliott Relocation of Residence - Maximum $25,000 Wesley and Pam Scallia Relocation of Residence - Maximum $25,000 Franklin and Doris Smith Relocation of Residence - Maximum $25,000 Bernice Rogers/Carolyn Robinson Relocation of Residence - Maximum $25,000 Paul and Dawn Henry Relocation of Residence - Maximum $25,000 Susan Frederick Relocation of Residence - Maximum $25,000 The Board confirmed with Mr. Lewis that the applicants were required to bring their taxes current with the City, School District and County or execute a payment agreement regarding the taxes prior to award of funding. In addition, they confirmed that the amount of award would be determined based on the impact to housing costs for each individual application and noted that due to the unusual circumstances of each applicant, no application would be considered as setting a precedent. FOLLOWUP AND APPLICATIONS The Board confirmed that upon action by the City Council and approval by the State, inspections would be conducted by the building official to verify damages and housing comparison studies would be done on each relocation application to determine the amount of funding eligibility. RE-ADVERTISEMENT OF GRANT AVAILABILITY Upon conclusion of the application review, the Board discussed opening the applications up for another 30 day period to allow more applications. They agreed that the process would be repeated following the award of the first seven grants. ADJOURNMENT As there was no further business to come before the Board for consideration the meeting adjourned at 10:30 p.m. APPROVED ATTEST . . . ....... . ...... ............ ........... ........ . . . ......... . . ... . . ...... ... . . . �satria►n :ioat � � +iorl� itt.ords. ISSUE Council is being asked to approve a resolution authorizing the City Secretary (Records Management Officer)to make application for a three year extension to January 2, 1998 deadline for local governments to file records control schedules with the Texas State Library and Archives Commission. BACKGROUND . In 1989, the legislature passed the Local Government Records Act which requires all municipalities to comply with provisions related to records management. One of these provisions is that control (destruction) schedules be developed for each department indicating (1)what records are kept and (2) how long they will be kept. The control — schedules are developed by: (1) Inventorying the Department to Determine What Records Are Kept (2) Comparing these Records to State Minimum Retention Requirements (3) Department Heads Reviewing for Increase in Retention or Elimination of Record (4) Council Approving Control Schedule for Each Department (5) State Library Approving Control Schedule for Each Department The City of Wylie cannot make the January 2, 1995 deadline. A recent Texas State Library article notes over 7,000 municipalities and elective county officers may miss the deadline due to failure on the part of the state library to provide minimum legal retentions as well as inadequate manpower, time, and resources to complete this large _ project. Extensions can be granted for one to three years. LEGAL CONSIDERATIONS Without an extension, Wylie will be in non-compliance with this provision on January 2, 1995. -- STAFF RECOMMENDATION Staff is recommending approval of the resolution allowing us to apply for a three year extension. ATTACHMENTS (1) Resolution (2) Applicable statute Submitted Ina'', clf( Approved By RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE CITY SECRETARY TO PETITION THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR EXTENSION OF THE DEADLINE FOR FILING RECORDS CONTROL SCHEDULES AND DECLARING AND EFFECTIVE DATE WHEREAS, the Local Government Records Act of 1989 established a deadline of January 2, 1995 for all local governments to develop and file records control schedules with the Texas State Library and Archives Commission; and WHEREAS, as many as 7,000 local governments and elective county officers are in danger of missing the January 2, 1995, deadline; and WHEREAS,the Commission has not yet published minimum mandatory retention schedules for all categories of records; and WHEREAS,the director and librarian of the Texas State Library has developed procedures to be used by local governments and elected county officers for requesting an extension to the January 2, 1995, deadline for filing records control schedules; and WHEREAS, the City of Wylie has experienced unusual circumstances in the past eighteen months that have restricted personnel and created a hardship on the records management program NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1. The City Secretary is hereby authorized to petition the Texas State Library and Archives Commission under 203.041(c) of the Texas Local Government Code for extension of the records control schedules filing deadline, as required by the Local Government Records Act of 1989, from January 2, 1995, to January 2, 1998, the maximum period of time provided by law to be granted to a single municipality. SECTION 2. This resolution shall take effect immediately upon passage as the law in such cases provides. DULY RESOLVED by the City Council of the City of Wylie, Texas, on this the 13th day of December, 1994. Jim Swartz, Mayor Mary Nichols, City Secretary RECORDS § 203.041 lees as provided by (b) The name, office, or position of the records and librarian within 30 days after the date of its management officer shall be entered on the minutes of adoption. stians, identify and the governing body. j (d) An ordinance or order establishing or relating r local government (c) The name or the name and office or position of to a records management program adopted before t ..due; the records management officer shall be filed by the September 1, 1989, must be amended if any provision stodians, identify and records management officer with the director and of the ordinance or order is in conflict with this ctssential local gov- librarian within 30 days after the date of the designa- subtitle or a rule adopted under it. A copy of the Lion. amended ordinance or order shall be filed with the stodians, ensure that (d) The designation of a new individual or a new director and librarian as provided by Subsection (c). )n-microfilming, de- office or position shall be entered on the minutes and (e) A copy of an amended ordinance or revised o -ecords is carried reported by the records management officer to the order relating to the establishment or operation of the licies and procedures director and librarian in the same manner as the records management program must be filed by the rds management pro- ! original designation. governing body with the director and librarian within o--this subtitle and (e) If the order designating a records management 30 days after the date of its adoption. officer designates an office or position rather than an If) The director and librarian or the designee of the ning body and custo- individual. a new holder of that office or position must director and librarian shall within a reasonable time :a.--laws. administra- file the holder'_ name with the director and librarian bring to the attention of the governing body in writing h€ •overnment relat- within 30 days after the date of assuming the office or any aspect of an ordinance or order filed in the office Is; and position. of the director and librarian or that otherwise comes )digis. establish pro- (f) Through an agreement or contract under The to the attention of the director and librarian that is n( ng of records in I Interlocal Cooperation Act (Article 4413(32c). Ver- inconsistent with the requirements of this subtitle or ag nent program by non's Texas Civil Statutes). a person may serve as rules adopted under it. r or those under the records management officer to more than one local (g) The governing body in a records management ,ur—.rith due regard Jovernment if the person is employed by one of the program established under this section may require local governments that is party to the contract or the mandatory destruction of any record of the local .bilities of custodians agreement or employed by an administrative agency government when its retention period has expired on iiiad that is created b,: the contract or agreement. a records control schedule developed under Section An elected county officer may not be designated 203.041. fo cation in records (g) - bti .aw. as records management officer for the nonelective Added by Acts 1989. 71st Leg.. ch. 1248. § 1. elf. Sept. 1. offices of a county without the county officer's consent. 1989. 246. 1. elf. Sept. 1. Added by Acts 1989. 71st Leg.. ch. 1248. § 1, elf. Sept. 1. [Sections 203.027 to 203.040 reserved for expansion] 1989. an tiL"BCH_APTER C. RECORDS 203.026. Records Management Program to be CONTROL SCHEDULES p••••vide advice and Established us dians. and rec- § 203.041. Preparation and Filing of Records Con- (a) On or before January 1. 1991, each governing staulishing records body by ordinance or order. as appropriate, shall trot Schedules rying out the other establish a records management program to be admin- (a) On or before January 2, 1995, the records man- 'ui adopted under istered by the records management officer. agement officer shall prepare and file with the di- (b) The ordinance or order must provide methods rector and librarian a records control schedule listing .4 . 1 1. elf. Sept. 1, and procedures to enable the governing body, custodi- following records and establishing a retention ans. and the records management officer to fulfill the period for each as provided by Section 203.042: ►r( Management duties and responsibilities set out in Sections 203.021. (1) all records created or received by the local 203.022, and 203.023 concerning the management and government or elective county office: °"� preservation of records. The ordinance or order may (2) any record no longer created or received by he •overning body prescribe anypolicies orprocedures for the operation s: late a records p the local government or elective county office that is of the records management program that are consis- still in its possession and for which the retention tent with the requirements of this subtitle and rules period on a records retention schedule issued by the • or-- adopted under it. commission has not expired; and id ., the holder of (c) A copy of the ordinance or order must be filed (3) any record no longer created or received by Lnagement officer. by the records management officer with the director the local government or elective county office that is 295 § 203.041 LOCAL GOVERNMENT CODE still in its possession and for which the retention , to submit a records control schedule under this sec- retention perioc period on a records retention schedule issued by the tion. period for the - .. commission has expired but which will not be de- (h) The director and librarian shall determine the retention schedt stroyed as provided by Section 203.044. form and manner of the filing of records control schedule is in (b) At the discretion of the records management schedules and amended schedules. adopted under i- officer the records control schedule may also list and Added by Acts 1989, 71st Leg.. ch. 1248, § i, eff. Sept. 1, (d) The direct provide retention periods for material that is excluded 1989. director and li'i from the definition of a local government record by acceptance of a Section 201.00:3(8) and exempted records described by § 203.042. Retention Periods schedule for fili: ,— Section 202.001(b) if in the officer's opinion the inclu- (a) A retention period for each record on the rec- be transferred t sion of the material or records is necessary to ensure ords control schedule shall be determined by the expiration of it:- the periodic destruction of the material or records in governing body or under its direction or by the elect- destroyed. 1 the interest of efficient records management. ed county officer, as applicable. Added by Acts 1 tc) At the discretion of the director and librarian (b) A retention period may not be less than: 1989. and on petition from a local government or elected (1) a retention period prescribed by a state or § 203.044. Init county officer that it will be impossible to comply fully federal law, regulation, or rule of court: or _•— with the requirements of Subsection (a), the director ' (a) In prepay and librarian may extend the deadline for the filing of (2) a retention period for the record established quired by Secti on a records retention schedule issued by the corn- officer may list records control schedules for a period on which the director and librarian and the local government or mission. longer created — elected county officer agree. One.or more additional (c) If at the time a records control schedule is filed elective county extensions may be granted. but in no case may the by a local government or elected county officer with records retentio extensions e or a the director and librarian as provided by Section have expired an( combined period of more than three years for the 203.041, a records retention schedule for the records county officer w: same local government or elective county office. of that type of local government or elective county (b) The lists (d) The records management officer shall review office has not been issued by the commission, the must be reyiewe the records control schedules of the local government records control schedule filed with the director and records control librarian must be amended to conform with the com- proved under Se or elective county office and prepare amendments to mission schedule when it is issued to the extent that the schedules as needed to reflect new records created (c) The lists any retention period on a records control schedule is n librarian fora or received by the government or office or revisions to less than a retention period for the same record on 1 ._retention periods established in a records retention the designee of 7. schedule issued by the commission. Amendments to the commission schedule. list, the records . records control schedules shall be filed with the di- Added by Acts1989. 1st Leg.. ch. 1248, § 1. eff. Sept. 1. director and libr 1989. and librarian di: rector and librarian in the same manner as the origi- -"nal schedules. § 203.043. Filing of Records Control Schedules librarian or the d reasonable time (e) The governing body shall require in the ordi- (a) If the director and librarian or the designee of the record or rec nance or order establishing the records management the director and librarian accepts the records control by the governme program the review or approval of a records control schedule or amended schedule for filing, it may be ferred to the cu schedule or amended schedule by the officers of the used as the basis for the destruction of records listed local government as it considers necessary. The rec- on it without additional notice to the director and (d) The direct ords control schedule or amended schedule for an librarian. form and mannes —elective county office need only be approved by the obsolete records. elected official in charge of that office. (b) If the director and librarian or the designee of Added by Acts 19 the director and librarian rejects the records control 1989. (f) Records control schedules may be filed on an schedule or amended schedule for filing, the reasons —office-by-office basis or on a department-by-depart- for the rejection shall be stated in writing within a § 203.045. Desti ment basis within each office. reasonable time to the records management officer (a) Before the • (g) A local government that intends to retain all and the schedule or amended schedule shall be coy provided by Sect „records permanently or that destroys only those rec- rected and resubmitted. ord may be destr ords for which no retention periods have been estab- (c) The director and librarian or the designee of the the director and lished in a records retention schedule established un- director and librarian may reject a records control (b) After the fl der Section 441.158, Government Code,is not required I schedule or amended schedule for filing only if a an amended sche — 296 R Cen a1.Al »rc o r ct f d ISSUE The resolution before you authorizes the execution of an addendum (amendment) to the Central Ambulance Contract and gives the City Manager the execution authority. - BACKGROUND At your last regular meeting, Council approved some changes in the Central Ambulance Contract (1) activation of a - one year extension (2) authorization for the City Manager to correct the Contract to reflect original terms as "two years with a one year extension" and (3) to change the subsidy in the extension year from $157,000 to $132,000. — LEGAL CONSIDERATIONS While technically, Council has already authorized the City Manager to amend the contract, our legal counsel recommended based on the original confusion with this contract that the changes be adopted formally in the form of a resolution. The extension year will commence on December 15th, — STAFF RECOMMENDATION Staff is recommending approval of the resolution as it re-states action previously taken by Council. ATTACHMENTS (1) Resolution (2) Addendum • Submitted B Approved By RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ADDENDUM FOR PROVISION OF ADVANCED LIFE SUPPORT AMBULANCE SERVICE BETWEEN THE CITY OF WYLIE, TEXAS AND CENTRAL AMBULANCE SERVICE, INC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a Contract Addendum for Provision of Advanced Life Support Ambulance Service, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes. SECTION 2. This resolution shall take effect immediately upon its passage. DULY RESOLVED ON THIS the 13th day of December, 1994. Jim Swartz, Mayor ATTEST ARR? Fax:214-562-0202 Dec 8 '94 9:24 P.02 CONTRACT ADDENDUM FOR PROVISION OF ADVANCED LIFJ SUPPORT AMBULANCE BERVICg This Contract Addendum for Provision of Advance Life Support Ambulance Service ("Addendum") is made and entered into this day of December, 1994, by and between the City of Wylie ("CITY") and Central Ambulance Service, Inc. ("CENTRAL") . WITNESS WHEREAS, CITY and CENTRAL entered into a Contract for Provision of Advanced Life Support Ambulance Service ("Contract") on December 29, 1992, and have subsequently determined that a mutual mistake was made in the written document with regard to the term of the Contract; and WHEREAS, CITY and CENTRAL want to enforce the original intent of the parties with regard to the term of the Contract; and WHEREAS, the City Council of the City of Wylie, Texas has elected to exercise its option to extend the Contract an additional year; and WHEREAS, CENTRAL desires to continue its services as set out in the Contract for the additional year; and WHEREAS, the parties hereby agree to modify the amount of subsidy to be received by CENTRAL as set forth below; NOW THEREFORE, IN CONSIDERATION of the above stated matters which are hereby acknowledged to be true and correct and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto AGREE as follows: AGREEMENT A. The parties agree that Paragraphs 4 and 6 of the Contract should be amended as follows: 4. TERM This Contract shall commence and be effective from and after the 15th day of December, 1992, and continue through the 14th day of December, 1994. CITY reserves the right to extend, as the sole option and election of the City Council of Wylie, the term of this Contract for an additional one year term commencing December 15, 1994, and continuing through December 14, 1995. CONTRACT ADDENDUM FOR PROVISION OF ADVANCE UFE SUPPORT AMBULANCE SERVICE BY AND BETWEEN CfFY OF WYLIE AND CENTRAL AMBULANCE SERVICE,INC.-Paps 1 1w/09/26/94/1:/mbox8/wylia/ambuIanc.apr ARRJ Fax:214-562-0202 .O Dec 8 '94 9:25 P5 6. SUBSIDY agree that CENTRAL'S operations as hereunder partiesa. significant contemplated The to CENTRAL by dollar osscould not butc for uatsubsidy paid. to a - thelar Y. Consequently C CITY agrees to provide CENTRAL 15, thb CITY. $132 ,0the term commencing of $132 ,000.00 for r 14, 1995. Which said subsidy through December than equal Which 1994,s ynd shallcon be ins the 10th day of each subsidy be paid not less frequently c installments payable not later thansu installment beingf ins with the first1995. W. payable otnth, than the 10th of January, anuar g net prices to payable not later during the life of this Contract, customers for services provided herein are reduced other CENTRAL agrees to extend the below their current levels, CITY shall not be a price redetermination except on sthe benefits of such reduction to CITY" only required to datecons ofagreement and then anniversary date this minimum redetermination is in response to federal or stateCA,n�� wage eterwin unemployment taxes, rejection or laws, federal or state unemp Yn'Acceptance or insurance coverage rates increases. redetermination shall be at the sole option an d of a price election of the City Council. Contract, the t requirement to event that this Contract is terminated on other b. In the the Con than the expiration date of shall likewise onidy pay for only terminatePro- pa y the andce of shal bearesp subsidy ,cto CENTRALo performed pro ratpot CITYereof for the period which rate portion thereof its duties hereunder. and conditions of and Central agree that all terms this Addendum, B. City as modified or extended by the Contract, except verbatim herein. remain in full force and effect as if set out CONTRACT ADDENDUM FOR PROVISION OF ADVANCE UFE SUPPORT AMBULANCESERVICEBY AND BETWEEN CITY OF WYLiE AN CENTRAL AMBULANCE SERVICE,INC.-Fags 2 PH/00/2e/84/I:/mbox8/wylle/ambulano.a0r PRRJ Fax:214-562-0202 Dec 8 '94 9:25 P.04 This Addendum is executed and effective the day and year first above written. CITY OF WYLIE, TEXAS By; Steven P. Norwood City Manager CENTRAL AMBULANCE SERVICE, INC. By: Darryl Quigley President CONTRACT ADDENDUM FOR PROVISION OF ADVANCE LIFE SUPPORT AMBULANCE SERVICE BY AND BETWEEN CITY OF WYLIE AND CENTRAL AMBULANCE SERVICE,INC.-POW 3 1w/06/26/94/I:/mbox8/w ylim/ambuluic.agr +� QQ "'"'"*ITEEIE Issue Wylie Fire Department requests the adoption of the 1994 Uniform Fire Code. Background Wylie is currently using the 1991 Uniform Fire Code. The latest technology and development of hazardous chemicals are challenging us to update our current safety codes and requirements. Financial Considerations Current staffing levels provide us the opportunity to enforce the 1994 Fire Code. Staff Recommendation (, • Staff recommends the adoption of the 1994 Uniform Fire Code. • Shan English Submitted By Approved By ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CODE OF ORDINANCES CHAPTER 5, FIRE PROTECTION BY ADOPTING THE 1994 EDITION OF THE UNIFORM FIRE CODE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Wylie has heretofore adopted, by Ordinance 92-3, and has in force the 1991 edition of the Uniform Fire Code, as now existing in Chapter 5, Section 2.01 of the Wylie Code of Ordinances; and, WHEREAS, an updated 1994 edition of the Uniform Fire Code has been promulgated and is available for use by municipalities and other entities; and, WHEREAS, the fire chief for the City has reviewed the 1994 edition of the said Uniform Fire Code, and recommends adoption of the same; and, WHEREAS, the City Council has determined, in its legislative capacity, that adoption of such code and changes to the Wylie City Code both further the best interests of the City and the health, safety, and public welfare of the citizens of Wylie; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1. That Section 2.01 of Chapter 5 of the Wylie Code of Ordinances is heretofore amended to read as follows: "2.01 Adoption of Uniform Fire Code There is hereby adopted by the City Council of the City of Wylie, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion that certain code and standards commonly known as the Uniform Fire Code 1994 Edition. Said Edition, attached hereto as Exhibit "A" is hereby adopted in its entirety as if set out at length herein, save and except such portions as are heretofore deleted, modified, or amended." SECTION 2. That unless otherwise specifically stated the penalties for violations of this ordinance shall be determined by the General Penalty for Violation of Code, as the same now exists or is hereafter amended, in Section 1.06 of Chapter 1 of the Wylie City Code. SECTION 3. That any portions of Ordinance 92-3 pertaining to the provisions hereof, is hereby repealed, if not heretofore repealed. SECTION 4. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION 5. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION 7. The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of December, 1994. Jim Swartz, Mayor ATTEST hiiigiiiiiimiudignolondoiconnounkationeptinomoximtimEmoun »<>: Summary The purpose of this code is to protect the public health, safety, and welfare by providing minimum requirements and standards for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of electrical systems within this jurisdiction. BackEround The National Electric Code is reviewed and revised every three years. The purpose of this code is the practical safeguarding of persons and property from hazards arising from the use of electricity. This code contains provisions considered necessary for safety. Compliance therewith and proper maintenance will result in an installation essentially free from hazard but not necessarily efficient, convenient, or adequate for good service or future expansion of electricity. Financial Considerations Three copies of the National Electric Code were obtained at cost of S 118.50_ This expenditure will provide us with the most up to date version of this code for the next three (3) years. Legal Considerations The adoption and enforcement of the current model codes can only reduce the jurisdictions liability. Board/Commission Recommendations No recommendation is necessary from the Construction Code Review Board. Their role is to serve as an appeal board to individuals protesting certain provisions and construction code requirements. Staff Recommendations Staff recommends adoption of the National Electric Code, 1993 Edition with an effective date of January 1, 1995. Attachments -Proposed ordinance and amendments. Russell Wyman -- Submitted By Approved By ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,ADOPTING THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE,AMENDING SECTIONS 4.01 THROUGH 4.55, INCLUSIVE, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has adopted the 1990 Edition of the National Electrical Code, as the same appears in Section 4 of Chapter 3, of the Wylie City Code; and, WHEREAS, an updated version, known as the 1993 Edition of the National Electrical Code has been promulgated and is available for use by other municipalities and entities; and, WHEREAS, the building official for the City has reviewed the 1993 Edition of the National Electrical Code and recommends adoption of the same by the City of Wylie; and, WHEREAS, in conjunction with the adoption of said code the building official has further recommended that certain other changes to Section 4 of Chapter 3 of the Wylie City Code be made; and, WHEREAS, the City Council has determined in its legislative capacity that adoption of such code furthers the best interest of the City; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I Section 4.01 through 4.55, inclusive, of Chapter 3 of the Wylie City Code, be, and it hereby is, deleted in its entirety and the following provision substituted therefore: "4.01 National Electrical Code Adopted That certain documents, one(1) copy of which is on file in the office of the Building Official of the City of Wylie being marked and designated as'National Electrical Code', 1993 Edition, is adopted as part of the City Electrical Code, and the same is incorporated herein by reference, the same as if it was fully copied herein, except and to the extent the provisions thereof conflict with other provisions of this section, and except the following section of said Code which are modified as follows: Article 110-5 Conductors amended to read: "Conductors used to carry current shall be of copper." Article 210-61 (ADD) Other than dwelling units. "The following listed buildings shall have a minimum of one (1) receptacle installed for every twenty(20) lineal feet measured horizontally around the interior wall at the floor level of each room, excluding storage rooms: (1) Office buildings (2) Store buildings (3)Restaurants (4) Taverns (5) Bank buildings (6)Mechanical garages (7) Studios Article 230-40(b) Amended to read: "Auxiliary gutters are permitted in conjunction with distribution cans. Tops and splices are prohibited in the auxiliary gutters." Article 310-2(b) Amended to read: "Conductor material. Conductors in this article shall be copper." Article 334-20 Amended to read: "Conductors. Conductors shall be copper. The minimum conductor size shall be No. 18 copper." Article 440-1 11 Amended to read: "The provisions of Part B are intended to require disconnection means capable of disconnection air conditioning and refrigerating equipment including motor compressors and controllers from the circuit feeder. See Diagram 430-1. Air conditioning condensing units final connection shall be made with liquid tight flexible conduit. "4.02 Restriction on Building Inspection Employees An employee of the Building Inspection division shall not be financially interested in the furnishing of labor, material, or equipment for the installation alteration, or maintenance of electrical wiring, fixtures, or equipment or in the making of plans or specifications thereof unless he or she is the owner of the property on which the installation exists or is planned to take place. 4.03 Applications for Electrical License (a) The Board shall authorize a written licensing examination for the purpose of testing qualified applicants upon their knowledge of the electrical code. A grade of not less than 70% shall be considered as passing on the exam. (b) Inter-city Licensing Agreements. The Board shall be authorized to enter into agreements of licensing reciprocity with other cities. The terms and condition of this agreement, as specified by Section 4.03 (j), may exempt currently licensed electrical personnel, licensed by participating cities, from taking an examination. (c) Issuance of License. A license of proper classification as required by this chapter, may be issued by the secretary of the Board upon the applicants successful fulfillment of all requirements of this chapter governing qualifications, examinations, and fee payments along with the approval of the Board. (d) License Suspension and Revocation. (A) The Board shall have the authority to suspend or revoke any license or registration upon conviction of the holder for any of the following: (1) The practice of fraud or deceit in obtaining a license, contractors registration, or electrical permit; or (2) Any negligence, incompetence, or misconduct in the performance of electrical work within the City; or (3) A continuing violation of any provisions of the chapter. (B) Before a license or registration may be suspended or revoked, the Board, acting upon a signed affidavit, shall investigate the charges, causing notice of the charges and the date set for hearing to be set, by registered mail to the licensee or registration holder at least 15 days prior to the date set for the hearing. If the Board finds the charges to be true, or if the licensee or registration holder pleads guilty, the Board may order the license or registration suspended or revoked. The suspension or revocation of a license or registration shall not relieve any person from complying with this chapter, nor from any other penalties prescribed by this chapter or by law. (e) License and Contractor Registration. (A) No person, firm or corporation shall engage in the business of electrical construction, or install, augment, alter or maintain any electrical equipment or system within the City without first obtaining a current license and contractor registration as required by the chapter. (B) Any person, firm or corporation performing any electrical work within the City without possessing a current license and registration shall be subject to an investigation fee for both license and registration. The investigation fee will be assessed at the same rate and in addition to the license or registration fee. The payment of investigation fees shall not relieve any person from complying with this chapter, nor from any other penalties prescribed by this chapter or by law. (f) Application. An application for a license required by this chapter shall be filed with the secretary of the Board no later than the last working day of the month before the next scheduled examination. Such applications shall be on forms prepared and furnished by the City. Each applicant shall state in writing and under oath the information required, in order that the Building Official may determine if he has the qualifications prescribed by this chapter. (g) Prerequisites of Specific Applicants. (A) Electrical Contractor. An electrical contractor's registration, enabling the holder to secure permits for and engage in business of installing, augmenting, altering or maintaining electrical equipment and systems, shall not be valid unless: (1) The business is qualified by a master electrician, licensed under provisions of this chapter; a. is an owner or full-tine employee of the business; and b. actively supervises the daily operation of the business; and c. is not engaged in or employed by any other electrical business at the same time that the electrical contracting business is performing electrical work within the City. Exception: (2) A master electrician shall not qualify more than one electrical contracting business at one time. (3) The electrical contractor and master electrician qualifying the business shall be jointly responsible for the following: a. Obtaining and paying for permits; and b. Having a licensed electrician, licensed under the provisions of this chapter, on each job, supervising the work undertaken by the electrical contracting company; and c. Correcting any deficiencies, error, or defects in any installation within this jurisdiction. (B) Master Electrician Qualifications. Each applicant for a masters licenses shall have an active journeyman's license for one (1)year. (C) Journeyman Electrician Qualifications. An applicant for a journeyman electrician's license shall have had at least four(4) years experience in electrical construction. Applicants for a license as a journeyman electrician shall file with the application affidavits from present or past employer's showing not less that four(4) years experience in the installation, alteration or maintenance of electrical equipment. One half the time spent in attendance with a passing grade at an electrical technical school or college with courses related to the electrical trade may be considered toward satisfaction of the required four(4)years experience. (h) Examinations Administered. All qualified applicants for electrical license shall take a written examination. The examination shall test the applicants upon matters relating to their knowledge, ability, and application of the electrical code and electrical trade. The applicant shall score not less that seventy(70%) percent on the examination to pass. (i) Homeowners Rights. Nothing herein shall prohibit any home owner from personally installing electrical conductors or equipment within his own premises; providing that the owner applies for and secures a permit; pay required fees; does work in accordance with this chapter; requests inspections of his work during the process of the installation; and receives final approval of his work upon completion. (j) Recognition of Registrations and Licenses of Electricians from Other Cities. Any person holding a currently valid electricians license in another city may apply for and receive a similar license in the City of Wylie without taking a test provided the following conditions are complied with: (A) He shall submit evidence satisfactory to the Building Official that his license was issued under conditions not less restrictive than required by this chapter for such a license and that an electrician holding a license issued by the City of Wylie would be permitted to apply for and receive a similar license in such other city under reciprocal conditions. (B) He shall pay the proper fee required and comply with all other provisions of this chapter. (k) Not Transferable. No license or registration shall be transferable. (I) Expiration and Renewal. (A) All licenses issued shall expire at 12:00 midnight, December thirty-first (31st) of each year, and shall be renewed on or before such date by payment of the prescribed fee. (B) Any license which has expired for more than sixty (60) days shall be considered as that of a new applicant and the applicant shall have to comply with all provisions of this chapter applicable to the issuance of a new license." SECTION II Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. SECTION III That Section 4.01 through 4.55 (inclusive) of Chapter 3 of the Wylie City Code is hereby repealed. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from January 1, 1995 after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VI That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1994. By James D. Swartz Mayor ATTEST Mary Nichols City Secretary Approved Steven P. Deiter City Attorney --....Wy ISSUE The purpose of this item is to consider a resolution authorizing the submission of an application for assistance under the 1994 Texas Home Investment Partnership Program (Home Program), authorizing a local match, and designating the City Manager to act as the city's representative in all matters pertaining to the city's participation in the Texas Home Program. --- BACKGROUND The Texas Home Program is administered by the Texas Department of Housing and Community Affairs. The program provides funds to rehabilitate owner-occupied housing whose residents are persons of low to moderate income. Most of the individuals whose homes are eligible for this Texas HOME Program are those persons who will benefit from the Texas Community Development Sewer Grant that was recently submitted by the City of Wylie. In fact, filing of the Texas HOME Program application is worth between 2-4 points on the Community Development application (depending on how closely the HOME application relates to the TCDP application). FINANCIAL CONSIDERATIONS The City of Wylie would commit $2,500 in support of the project. This amount represents the in-kind contribution of local staff time involved in administration of the proposed project. STAFF RECOMMENDATION — Staff recommends approval of this resolution. ATTACHMENTS (1) Resolution t")()( -Aitka (1_,,ffeiC Submitted By Approved By flu) CITY OF WYLIE, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR ASSISTANCE UNDER THE 1994 TEXAS HOME INVESTMENT PARTNERSHIP PROGRAM (HOME PROGRAM) , AUTHORIZING A LOCAL MATCH, AND DESIGNATING THE CITY MANAGER TO ACT AS THE CITY'S REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS HOME PROGRAM. WHEREAS, the City Council of the City of Wylie desires to develop a viable community, including decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low to moderate income; and, WHEREAS, certain housing conditions exist in the city which represent a threat to the public health, safety, and welfare; and, WHEREAS, funds are available through the 1994 Texas HOME program to alleviate such conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that: Section 1 . That a 1994 Texas Home Investment Partnership Program application is hereby authorized to be filed with the Texas Department of Housing and Community Affairs (TDHCA) for funds in the amount of $312 ,000 for the following described project: Rehabilitation of owner-occupied housing units at various locations throughout the city ($300,000) and administration expenses relating to said project ($12 ,000) . Section 2 . That the following local resource commitment is hereby authorized to be included as part of the application: The City of Wylie commits to support the project described above with local contribution of $2,500 which will consist of local staff time involved in administration of the proposed - project. Section 3 . That the City Manager is hereby authorized to act as the city's representative in all matters in connection with the application and the city's participation in the 1994 Texas HOME Program and to execute documents in conjunction with the application. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of December, 1994. Fr+�aicgtitlt' Rtlr� c�id+ lnn 1a ISSUE The Fire Chief, Shan English, will be making a presentation to Council regarding a regional training academy (rookie school) through the North Texas Training Association. This is a program that our Fire Department has been working on locating here in Wylie for several months now. No Council action will be required. This presentation is for information purposes only. • .y. •-• • ffgenda Coll llica rll for 13r 199 ISSUE This item is presented for informational purposes only. No formal action is required. BACKGROUND The City Council adopted a resolution on August 23, 1994 authorizing the City Manager to contract with ADS Environmental Services for a sewer system infiltration/inflow analysis. The study involved the - placement of flow meters throughout the city. Flow monitoring took place over a sixty day period, beginning in early September. The varying weather experienced in September and October provided favorable conditions under which system operations could be observed. A report containing results of '° the study now have been completed. Highlights of the comprehensive sewer system assessment will be presented. The staff, along with the City Engineer, will thoroughly review the findings of the study with ADS. A project list will then be identified and preliminary cost estimates prepared. A workshop will be planned after the February 18 Bond Election to discuss in detail what needs to be completed to solve the inflow and infiltration problems identified in the study. (-61-6e-en4d). Submitted By Approved By gg!!iEiH6,:i:,:i;:;ia:Hiii!!,i;;4;;E::EE,iii:; i:!!:ii..1:il,•.!::-.,-... .::.,...„,,. .... ,......,..: 1 cil 12 g it t cv nnimica:dal fad In r 3 9�9 ...... _i_ummimimmimilimmuni............0....„.____uiii:,, ,.... .:_....,:-_: :•::_i_:•::,::._::.:.:.,::,.,:::::,:, :„..::,_„„,:.:,i,,:„:„„„„„,:„„:„„:„„:,„„„,:„:„„ :::, , ,;:;:;„,, ,::,, ,, , ,,m, ,, ,,, ,.:;i,E:;:,:i:;::;,;,, ,, ,, : ::,:„::;i: :„.:.,:, ,, ,,::: ,,::,,, ,;;,,: :,;,;,:,;,o,::,;:;,:: ..:-,.::.:...:.:::.. . ,,:.. ,.,.::, :::.,,,,::. .,::,:,.- ....,::.,•..,. oI t1on fIccnpting E K RQcv m.+ atIan ISSUE . . The purpose of this item is to consider adoption of a resolution accepting the recommendation of the Citizens Bond Advisory Committee regarding the total value, specific projects, and composition of propositions for the February 18, 1995 Bond Program. BACKGROUND The City Council approved creation of a Citizens Bond Advisory Committee (CBAC) on November 8, 1994. The Committee would present recommendations to the City Council regarding the total value, specific projects, and composition of propositions to be included in the 1995 Bond Program. These recommendations would be made no later than December 13, 1994. Detailed background information on the CBAC recommendation can be found in the December 2, 1994 memorandum from Steve Norwood to the City Council. The CBAC is also charged with the task of recommending strategies for educating the voters on all issues relating to the 1995 Bond Program. These strategies will be presented in January, 1995. It was the intent of the City Council that each member agreeing to serve on the CBAC would also agree to make a good faith commitment to organize and hold a meeting in their neighborhood to discuss the 1995 Bond Program. LEGAL CONSIDERATION Article VIII, Section 2: E., authorizes the City Council to create committees as it deems necessary to carry out the functions and obligations of the city. STAFF RECOMMENDATIONS Staff recommends approval of the resolution. ATTACHMENT (1) Resolution rly1 -.41, ,e,62,,A441,. „- Submitted By Approved By RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, ADOPTING THE RECOMMENDATIONS OF THE CITIZENS BOND ADVISORY COMMITTEE REGARDING THE TOTAL VALUE, SPECIFIC PROJECTS, AND COMPOSITION OF PROPOSITIONS FOR THE FEBRUARY 18, 1995 BOND PROGRAM, AND STRATEGIES FOR EDUCATING THE VOTERS REGARDING 1995 BOND PROGRAM. WHEREAS, the City Council has indicated it's intent to hold a bond election in February 1995; and, WHEREAS, it is the intent of the city council to create a process that involves citizens in a genuine way, fosters a better understanding of issues among diverse groups and interests, and sets forth a direction for the city's future; and, WHEREAS, a Citizens Bond Advisory Committee (CBAC) was created, and is comprised of 20 Wylie residents, representing different groups and interests, and having been selected from various neighborhoods (subdivisions) throughout the city; and, WHEREAS, the CBAC was charged with the responsibility of developing recommendations regarding the total value, specific projects, and composition of propositions in the 1995 Bond Program and to submit these recommendations to the City Council no later than December 13, 1994; and, WHEREAS, the CBAC endorses the validity and credibility of information regarding the condition of the city's streets, water, and wastewater systems presented by the City Engineer; and, WHEREAS, the CBAC supports programs to increase citizen awareness and understanding of bond related issues and efforts to increase voter turnout; and, WHEREAS, the CBAC believes that passage of the bond program is vital to providing a higher level of service to current residents, as well as necessary to ensure quality level of services for future residential and commercial residents; and, WHEREAS, the CBAC believes that passage of the bond program is dependent upon the city council's unanimous and positive endorsement of the CBAC recommendations and the city council's active involvement in the promotion and marketing of the bond program; and, WHEREAS, the CBAC was presented with financial impact information and understands to debt service $3 million worth of street projects the tax rate would increase three and one-half cents over the next three years (FY 96 - FY 98), and to issue $4 million in debt for water and wastewater projects the water rate to a residential customer consuming 8000 gallons would increase approximately $2.45 and to a commercial customer consuming 8,000 gallons would increase approximately $3.43 per month; and there will be no wastewater rate adjustment; and, WHEREAS, the CBAC will present a detailed public information marketing program in January. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that the following recommendations made by the Citizens Bond Advisory Committee are accepted: Section 1. The total amount of the bond program is $7 million, which would include $4 million for water and wastewater improvements and $3 million for street improvements. Section 2. The projects intended to be funded with the bonds are included in the attachment titled "Bond Program Summaries and Displays". Section 3. The Bond Program will be separated into two propositions: Streets; Water and Sewer. DULY PASSED AND APPROVED by the Wylie City Council of the City of Wylie on this the 13th day of December, 1994. i.'..'.illt � � ..:!1 1 „!!JUI d' * ems. Raio llttiifi O►rdr Bond Election _ ISSUE Attached is a resolution ordering a February 18th bond election. This was prepared assuming Council will accept the recommendations of the Citizens' Bond Advisory Committee. We have included the propositions that the CBAC is recommending. BACKGROUND This resolution provides all the standard election preparations regarding polling places, election judges and early voting. The CBAC is petitioning for temporary branch polling places during the week as well as on the weekends. We have not included these locations pending development of the voting schedule. This schedule must be adopted at the time the election is called in order to submit it to the Justice Department. As Council knows, the City is required under the Federal Voting Rights Act to submit any irregular or unusual election procedures to the Justice Department so they can verify that these procedures will not be discriminatory. LEGAL CONSIDERATIONS When Council approves the resolution, you will still be required in the future to appoint election judges. Council may also be required to make changes to this resolution should the Justice Department have — any disputes with its provisions. Once our submission is made, we will not have a response from the Justice Department for at least 60 days. — Council has the ability to approve the resolution as is or amend the propositions and still approve the resolution. '" STAFF RECOMMENDATION If Council accepts the recommendations of the CBAC, staff recommends approval of the resolution. ATTACHMENT (1) Resolution Calling Bond Election It'lici-4-) .- Submitted ''147 Approved By RESOLUTION NO. A RESOLUTION ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF WYLIE, TEXAS, ON FEBRUARY 18, 1995, MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code") specifies that the an election for the issuance or assumption of bonds is exempt from uniform election date requirements; and WHEREAS, the City Council of the City of Wylie, Texas hereby finds that an election should be held to determine whether said governing body shall be authorized to issue bonds of said City in the amounts and for the purposes hereinafter identified; WHEREAS, by this Resolution, it is the intention of the City Council to: (i) call for said general election to be held on said date, (ii) designate the election �. precincts, (iii) designate polling places for the election, (iv) provide for appointment of the necessary election officers, (v) establish and set forth procedures for conducting the election, and (vi) establish a date for canvassing the returns of said election. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Wylie that: SECTION 1. An election shall be held on the 18th day of February, 1995, in the City of Wylie, Texas, which date is not less than fifteen (15) nor more than ninety (90) days from the date of the adoption hereof and the holding of the election on such date rather than on a uniform election date is hereby found to be in the public interest. At such election, the following measures shall be submitted: PROPOSITION NUMBER 1 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $3,000,000 for permanent public improvements and public purposes, to wit: street improvements including drainage, curbs, gutters and alleys; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 2 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $4,000,000 for extensions and improvements to the City's water and sewer system including but not limited to an elevated water tower and appurtenant facilities; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in eh City sufficient to pay the annual interest and provide a sinking fund to pay the bonds to maturity?" SECTION 2. ELECTION PRECINCTS: POLLING PLACES: ELECTION HOURS. The polling location for precinct 25 shall be the Southfork Mobile home Park Clubhouse, 210 Southfork Boulevard, Wylie, Texas. The polling location for Collin County Voting Precinct Numbers 27, 56, and 83, and Dallas County Voting Precinct Number 2203 and Rockwall County Voting Precinct Number 1A shall be the Wylie United Methodist Church, 109 W. Jefferson, Wylie, Texas. SECTION 3. APPOINTMENT OF PRESIDING ELECTION JUDGES AND AN ALTERNATE PRESIDING ELECTION JUDGES: QUALIFICATIONS TO SERVE AS ELECTION JUDGE: CONFIRMATION OF APPOINTMENT: NOTICE OF APPOINTMENT. The City Council shall, in accordance with the Texas Election Code. appoint Presidin lection Judges and Alternate Presiding Election Judges not later than January 10, 19 4 The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to a Presiding Judges and the Alternate Presiding Judges notice of their appointments not later than twenty (20) days from the date of appointment and shall serve notice of duty to hold election not later than (15) days prior to election date. SECTION 4. APPOINTMENT OF CLERKS. The Presiding Judges upon appointment shall each appoint not less than two (2) nor more than eight (8) qualified election clerks to serve and assist in the conduct of the election, provided, however, that if the Presiding Judges named actually serves as expected, the Alternate Presiding Judges shall each be one of such clerks. All election clerks shall be qualified voters of the City. SECTION 5. COMPENSATION OF ELECTION JUDGES AND ELECTION CLERKS. The Presiding Election Judges, Alternate Presiding Judges and each Election Clerk shall be compensated at the rate of $6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judges shall each also be paid the additional sum of$25.00 for delivering the returns of the election. Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. SECTION 6 METHOD OF VOTING: ELECTION MATERIALS. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. Voting at the election shall be by use of paper ballots to be manually tabulated. Preparation of the official ballots for the election shall conform to the requirements of the Code, and shall permit the voters to vote in favor of or in opposition to each proposition, provided, however, that no elector shall both in favor of and in opposition to a proposition. SECTION 7. GOVERNING LAW: QUALIFIED VOTERS. The election shall be held in accordance with the Constitution of the State of Texas, the Texas Election Code, the City Charter, and all resident, qualified electors of the City shall be eligible to vote at the election. In addition, the election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling place and for early voting for the election. SECTION 8. PUBLICATION AND POSTING OF NOTICE. Notice of the election shall be given by posting a notice of election in both English and Spanish at the City Hall at the Bulletin Board used for posting notices of the meetings of the City Council, at each polling place and one (1) other public place within the City not less than twenty-one (21) days prior to the date upon which the election is to be held, and by publication of said notice at least once in a newspaper of general circulation published within the City, the date of said publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the election. In addition thereto, a copy of the notice shall also be filed with the City Secretary at least twenty-one (21) days before the election. Upon publication of the election notice, the City Secretary shall secure a publisher's affidavit which complies with the requirements of the Code. SECTION 9. EARLY VOTING. Early voting by personal appearance shall be conducted by the City Secretary, who is hereby appointed the Early Voting Clerk, or by Deputy Early Voting Clerks as appointed by the City Secretary. Voting will take place at the office of the City Secretary located at City Hall, 2000 Hwy. 78 North, Wylie, Texas. For the period early voting for the election is permitted by law, the Early Voting Clerk shall keep said office open for early voting by personal appearance during regular hours on Monday through Friday except official State or City holidays, which hours shall be from 8:00 A.M. to 5:00 P.M. commencing on January 30, 1995 and terminating on Tuesday, February 14 1995. Early voting at the primary early voting polling place on a Saturday or Sunday if any, shall be conducted in accordance with the requirements of the Code. Temporary branch early voting shall be conducted at the following locations on the following dates and during the following hours: LOCATION/ADDRESS DATE HOURS All resident qualified voters of the City of Wylie shall be permitted to vote early at any of the branch early voting polling places in accordance with Section 85.062 of the Code. Applications for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than Mares 8, 1-034, and not later than the close of business on if the application is delivered by mail and not later than f the application is delivered in person. Early voting, both by personal appearance and by mail, shall be by paper ballots to be manually tabulated, which ballots shall conform to the requirements of the Code and in so doing, shall permit the voters to vote in favor of or in opposition to the measures established herein provided that no elector shall vote both in favor of and in opposition to any single measure. The early ballots shall be counted by Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed for Collin County Voting Precinct Numbers 27, 56, and 83, and Dallas County Voting Precinct Number 2203 and Rockwall County Voting Precinct Number 1A shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the First United Methodist Church Polling Place shall serve as the other members of the Early Voting Ballot Board for the election. SECTION 10. TABULATION OF RETURNS. Ballots shall be tabulated at the Central Counting Station which is hereby designated as the First United Methodist Church located at 109 W. Jefferson, Wylie, Texas. The Presiding election Judge and the Alternate Presiding Election Judge for the First United Methodist Church polling place shall serve as the Presiding Judge and Alternate Presiding Judge of the Central Counting Station. The other election officers serving, at said polling place shall serve as the Counting Station Clerks for the election. SECTION 11. DELIVERY OF RETURNS: PRESERVATION OF ELECTION RECORDS. In accordance with the Code, immediately after the closing of the poll of the day of the election returns shall be delivered in triplicate as follows: one copy shall be retained by the Presiding Election Judge, one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. SECTION 12. CANVASSING OF RETURNS. The City Council of the City shall convene as the canvassing authority on February 21, 1995, at 7:00 P.M. to canvass the returns of the election. SECTION 13. NECESSARY ACTIONS. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. SECTION 14. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its passage and it is accordingly so ordered. DULY PASSED AND APPROVED on this the 13th day of December, 1994. Approved Mayor, City of Wylie, Texas Attest City Secretary, City of Wylie, Texas "'"'''''""."'""""""'"'"'"'""'""""'"'"""."."'""""""'"'"a"'"'"""'"'"Wylit'"City"""C°011CH""""""""'"'".""""""""""'"""""""'"'""""'"'"""""""'"""""'"'"""""'""""'"'""' '."""""#14"-"'""'"'" r sally 1�i��atlan oEc� Ind a�cllm�dalttt>ult ofi Fes: tlii�`SotMI � - ISSUE The purpose of this item is to discuss and consider approval of a resolution adopting a project list of parks and library related immediate needs for submission to the Wylie Parks and Recreation Facilities Development Corporation for Funding Authorization in FY 95. BACKGROUND The City Council, through its adoption of the Bylaws for the Wylie Parks and Recreation Facilities Development Corporation, established advisory roles for the Library Board and Park and Recreation Board. Each of the Board's role would be to make specific recommendations on which projects and programs should be funded by the 4B sales tax. The City Council would adopt a final project list for submission to the Wylie Parks and Recreation Facilities Development Corporation (WPRF) for funding authorization. The Park and Recreation Board began development of a list of immediate need projects three months - ago. Most of the projects that were identified initially were needs that everyone was very familiar with on the committee. Input on establishing priorities was received at a meeting in which the various sports associations, representing the interests of all youth and adult sports, presented their funding priorities. The P&R Board discussed several overall goals that would affect its recommendation to the city council. One goal is that after completion of the immediate needs projects, a Master Park Plan should be completed before any more funds are allocated to any other capital improvements. The conclusions of a comprehensive needs analysis and facilities utilization study must be considered before the Multi-Year Capital Improvements and Land acquisition Plan is developed. Another goal was to take advantage of any opportunities for joint use facilities development with the Wylie Independent School District (WISD). Therefore, the P&R Board recommended that funds be allocated for WISD land to be utilized as baseball, soccer, and football practice fields. The purchase and installation of soccer goals and baseball backstops, as well as minor grounds preparation and .... mowing are all that is necessary to transform open school land into active sites for kids to play on. Although the P&R Board would have rather waited for completion of a Master Parks Plan before making any major land acquisition decisions, the Board recognized that the WISD's timeframe for selection of its - high school campus site would not make that possible. The Board has recommended that land be purchased adjacent to the new campus site for a major athletic complex and that all possibilities be identified for shared development, use, and cost of all facilities. One other goal was to allocate funding to upgrade existing facilities before development begins on any new projects. Projects that would be included in this category that are recommended to the council include Rowell Field lighting, soccer/football field drainage improvements, and the asphalt resurfacing of _ Thomas Drive, the park road and parking lot. The Board also recommends that the lighting of the football/soccer field be approved for installation in FY 1996. One of the projects, the utility pole relocation, is recommended so that the city can regain its good standing with the Texas Parks and ,. Wildlife Department. This is necessary in order to submit future grant applications. Please see the Park and Recreation Board Agenda Communication for December 5, 1994 for complete project descriptions. The months of December, January, and February have no organized sports activity at Community Park. The capital improvements would be completed during this time. It will be necessary to convene the "" Wylie Park and Recreation Facilities Development Corporation for a meeting the first week of January to authorize funding in FY 95. FINANCIAL CONSIDERATIONS Approximately $37,000 in sales tax was collected in FY 1994. The FY 1995 budget projects that approximately $250,000 will be collected in sales tax revenues. Total available funds for Parks, Recreation, and Library projects is approximately $287,000. The Immediate Needs List presented to the - P&R Board for consideration contained $460,000 in projects. The recommendation to the City Council contains $279,600 in projects. - LEGAL CONSIDERATIONS The By-laws of the Wylie Park and Recreation Facilities Development Corporation (WPRF) establishes - that the property and affairs of the Corporation shall be managed and controlled by a Board of Directors under the guidance and direction of the Wylie City Council. The action taken by the City Council is to adopt a project list for submission to the WPRF for funding authorization. BOARD/COMMISSION RECOMMENDATIONS Attachment "A" contains the projects recommended by the Park and Recreation Board for 4B sales tax funding. STAFF RECOMMENDATION „�.. Staff recommends that the project list be accepted from the Park and Recreation Board. Staff also recommends that $10,000 be allocated for library related needs. - ATTACHMENT(S) Park and Recreation Board Agenda Communication for December 5, 1994 Immediate Needs Project List eta,e,ovtaH Submitted By Approved By 31\1()%1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF WYLIE, TEXAS, ADOPTING A PROJECT LIST OF PARK AND LIBRARY IMMEDIATE NEEDS FORSUBMISSION TO THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION FOR FUNDING AUTHORIZATION IN FY95 WHEREAS, the City Council, through its adoption of the Bylaws for the Wylie Parks and Recreation Facilities Development Corporation, established advisory roles for the Library Board and Park and Recreation Board; and, WHEREAS, each of the Board's role would be to make specific recommendations on which projects and programs should be considered for 4B sales tax funding; and, WHEREAS, based on these recommendations, the City Council will adopt a final project list of parks, recreation, and library related projects for submission to the Wylie Parks and Recreation Facilities Development Corporation (WPRF) for funding authorization; and. WHEREAS, the Park and Recreation Board began development of a list of immediate need projects three months ago, during which input on establishing priorities was received from various sports associations, representing all youth and adult sports. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie that the following projects, with an estimated total cost of $289,600, will be submitted to the Wylie Parks and Recreation Facilities Development Corporation for funding authorization: / UTILITY POLE - OVERHEAD TRANSMISSION WIRES V RELOCATION $56,000 LAND ACQUISITION - FUTURE ATHLETIC FIELD COMPLEX $60,000 yit, PARK MASTER PLAN - COMPREHENSIVE NEEDS ANALYSIS AND FACILITIES UTILIZATION STUDY $25,000 SCHOOL PROPERTY UTILIZATION - Three Soccer Fields • VV Three Baseball Fields $6,600 ATHLETIC FIELD LIGHTING - ROWELL FIELD $80,000 ASPHALT RESURFACING - THOMAS DRIVE, PARK ROAD AND PARKING LOT $50,000 LIBRARY SECURITY SYSTEM $10,000 TOTAL COST $289,600 DULY PASSED AND APPROVED by the City Council of the City of Wylie on this the 13th day of December, 1994. APPROVED ATTEST ATTACHMENT "A" PARKS AND RECREATION BOARD RECOMMENDATION IMMEDIATE NEEDS PROJECT LIST FUNDED BY 4B SALES TAX (Identified in Priority Order) Project Cost UTILITY POLE - OVERHEAD TRANSMISSION WIRES RELOCATION $56,000 LAND ACQUISITION - FUTURE ATHLETIC FIELD COMPLEX $60,000 PARK MASTER PLAN - COMPREHENSIVE NEEDS ANALYSIS AND FACILITIES UTILIZATION STUDY $25,000 SCHOOL PROPERTY UTILIZATION - Three Soccer Fields Three Baseball Fields $6,600 ATHLETIC FIELD LIGHTING - ROWELL FIELD $80,000 (Lighting of Football/Soccer Field will be FY 1996 - $75,000) ASPHALT RESURFACING - THOMAS DRIVE, PARK ROAD AND PARKING LOT $50,000 TOTAL PARK COST $279,600 LIBRARY NEEDS - SECURITY SYSTEM TOTAL LIBRARY COST $10,000 TOTAL LIBRARY AND PARK $289,600 0 07 , „ :...... . . : „ nit qp - ISSUE Mr. Don Jernigan will be requesting the City Council to consider disannexing his property along with properties of other owners. BACKGROUND Mr. Jernigan was annexed involuntarily and is opposed to owning property within the city limits if no se - provided. Mr. Jernigan would like to be disannexed based on failure to provide city services. While this valid argument for disannexation, the statutes state that "a majority of qualified voters of an area may petition for disannexation" under this provision. Mr. Jernigan, not being a resident voter would not be — able to petition for disannexation alone. However, his petition contains more than one tract and may contain a majority of petitioners are resident voters. Statutes are not specific regarding a petitioner's ability to collectively petition to include non-resident property owners. The petition is not valid as it is not in compliance with statutory posting, publication and affidavit requirements. LEGAL CONSIDERATIONS Council has no obligation to accept this petition. However, should they re-submit a valid petition from a majority of resident qualified voters on the properties to be disanexed, Council will be obligated to accept and act on the petition. Council may: (1) Instruct Staff to draft disannexation ordinances for next agenda - Council has the ability to disannex these properties without being "forced". --. (2) Deny his request - Since the petition is not in statutory compliance, Council has no obligations in this matter. (3) Instruct the City Attorney to review the criteria for disannexation to determine if Mr. Jernigan is eligible to petition for disannexation if he groups his property with resident qualified voters. STAFF RECOMMENDATION — On discretionary disannexation issues like this one, staff has • made rec•• ' endations, �i7 jq' Submitted By ' App • ed By § 43.136 LOCAL GOVERNMENT CODE (d) This section does not authorize the municipality the filing of an answer by the governing body. and : Disannexi to extend its boundaries to include area that is part of application of either party, the case shall be advan�. Charter or belongs to another municipality. and heard without further delay in accordance 4-_. i ,„e-rule munic the Texas Rules of Civil Procedure. The dictrv. x (e) A municipality may not tax the property over •cipality accor which the boundaries are extended under this section court shall enter an order disannexing the area if to charter of the unless the property is within the general municipal court finds that a valid petition was filed with Lc. f e procedural r, w boundaries. municipality and that the municipality failed to l 70d, Leg- c: form its obligations in accordanceith the Benin ..a : ,(f) After the adoption of the ordinance extending plan or failed to perform in good faith. T the municipal boundaries, the municipality may fully , Disannex -- regulate navigation, wharfage. including wharfage (c) If the area is disannexed under this sectior_ r in Gent rates, and all facilities, conveniences, and aids to navi- may not be annexed again within five years after,J., date of the disannexation. If it is reannexed With • When at least gation or wharfage. The municipality may adopt ordi- nances, including those imposing criminal penalties. seven years after the date of the disannexation : ., in a general and may otherwise police navigation on the stream service plan for the area must be implemented r.-= on to the m4 and the use of the wharves or other facilities and aids later than one year after the date of the reannexau,• _. the area by to navigation or wharfage. the area be deci (d) The petition for disannexation must: - (g) The municipality may designate all or part of ,,the mayor sh (1) be written; ' in the municipa_ the added area as an industrial district, as the term is (2) request the disannexation; Al first uniform ele customarily used, and may treat the designated area (3) be signed in ink or indelible in a manner considered by the governing body to be in gn pencil h� t:. )Election Code. t: the best interest of the municipality. The governing appropriate voters; petition is filed (4) be signed by each voter as that person's hart,. the election i body may make written contracts or agreements with the owners of land in the industrial district,to guaran- appears on the most recent official list of registers-. ) When a majo - tee the continuation of the limited purpose annexation ! voters; • n favor disco status of the district and its immunity from general (5) contain a note made by each voter stating t::• limicipality, the mi purpose annexation for a period not to exceed 10 person's residence address and the precinct number longer a part of: years. The contract or agreement may contain other and voter registration number that appear on tr, to that effect -- terms considered appropriate by the parties. The person's voter registration certificate: ' g body of - governing body and landowners may renew or extend (6) describe the area to be disannexed and hay, - 'be a part of th, the contract for successive periods not to exceed 10 plat or other likeness of the area attached: :.r. :.Mier. However. t� years each. (7) be presented to the secretary of the muni of the munic:: Added by Acts 1989, 71st Leg.. ch. 1. § 3(k). eff. Aug. 28. pality, in the mums 1989. (e) The signatures to the petition need not be al- mile or one [Sections 43.137 to 43.140 reserved for expansion] pended to one paper. original mur. SUBCHAPTER G. DISANNEXATION (f) Before the petition is circulated among the vo(- ) If the area - ers, notice of the petition must be given by posting 3 ' ed by this s § 43.141. Disannexation for Failure to Provide copy of the petition for 10 days in three public place- wal, the mt . Services j in the annexed area and by publishing a copy of t•`•• otherwise,the a: (a) A majority of the qualified voters of an annexed Petition once in a newspaper of general circulau,r • of that index serving the area before the 15th day before the d:.tr ; .,.ue to levy area may petition the governing body of the munici the petition is first circulated. Proof of the posuri •in the are pality to disannex the area if the municipality fails or F refuses to provide services or to cause services to be and publication must be made by attaching to t" - property ir. provided to the area within the period specified by petition presented to the secretary: . from the Section 43.056 or by the service plan prepared for the (1) the sworn affidavit of any voter who sit -' •• ess. Th( .— area under that section. the petition, stating the places and dates of Ow cost of levyin£ (b) If the governing body fails or refuses to disan posting; and shall be apl nex the area within 60 days after the date of the (2) the sworn affidavit of the publisher of u" Pro rata share receipt of the petition, any one or more of the signers newspaper in which the notice was published. star does not prey of the petition may bring a cause of action in a district ing the name of the newspaper and the issue and full at a Publication.of court of the county in which the area is principally '' date located to request that the area be disannexed. On i Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1. 1987. 7,ess.70th Leg - 56 December 6, 1994 Mary Nichols Wylie City Secretary 2000 HWY 78N- P.O. Box 428 Wylie, Texas 75098 Subject: Transmittal letter for "De-Annexation Petition" Dear Ms Nichols, In accordance with our telephone conversation concerning possible de-annexation requirements, our petition is attached and delivered to you in a timely manner, based on your defined schedule. It is understood that this subject will become an agenda item for the December 1994 Wylie City Council meeting. Please advise the date, time and meeting location of that Council meeting so the respective people/owners can be present for the discussions leading to a firm decision. Sincerely, '' ` kw; Don Jernigan 1408 Hillside Plano, Texas 75074 214-424-6014 Attachment: Petition (December 6, 1994) Petition December 6, 1994 The Land Owners signing this petition were annexed into the City of Wylie, Texas by Ordinance No. 86-96, dated 23rd day of December of the year 1986; whereas the first paragraph of Ordinance No. 86-96 is written, "AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF THE CITY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE."; whereas the third paragraph of said Ordinance No. 86-96 is written, "WHEREAS, the City has prepared a service plan for the area, a copy of which is attached hereto as Exhibit "A"; and" whereas the City of Wylie has not within eight years of annexation provided public services consistent with the rights and privileges of all other citizens, and specifically has not provided Sanitary Sewer Service; and therefore it is respectively submitted that the owners of tracts listed herein, having been a part of the territory annexed by Ordinance No. 86-96, do hereby petition to the City of Wylie, Texas, for de-annexation from the City of Wylie as of this year 1994. SIGNED: Name: Tract No. See Attachment t - 2_ , 4/ A (C7.- 2 ' '' G 1€3 3 I D 11.1AG \.°%• • MN.epM&t1. 1 s 7. 1 I • 013•lf) '_' 44.011 die 1a , GOsf1f1►•sdrft MAU/Mr Jut Z. L1.. O 0 E— , c 18 . u,(T • o 1.4. MOWS/ova*NT yQ2-IV1 toAc r • • 17- LAKE RANCHd•• W. QUNNE1. E, *axe', ✓.M. M4NNew/rZ zao3-7•ii / DON /q-35 10s. is /I� • . 213.814C. I tbvNFT11 Mrt/kNf Y 10 M.'Act /waET 111f- 1! wA. GPO W •1" 20 _ i/ MMDfi D WAT7f 2�. 21• Ld+F-eV s rc c is M/TNEt3 1. fM11 M�I4LAIllasi �JR. 21 Iv/TNLI S 1AtITM �ilH�l/t111E0IARTMft/M/0 rM %Ar iuNN(VV 1 v !o JARRT IAtwEtL I 1'„-en Ill /AY4oR AL, DRANK L JAkL WeLDNig / VPN-WA • IV(-410 10.4fAt 37 6.4erAf nrmow• I yl, eB At. 11, 4fAc 22. 12.y44 IAfRItf , LiNM,N • (Ai • 8!4) 34 24 26 kATHl. w wl“/AMf aml/M 1u/kv1/1sT, tuil4 ►IHlcv! 1f1, • f$i•)f/ f&4/1 / 8,c,W000 411•[Of •• Z8. 01) AC - sfAc ill-n� • I tAC • 35.0 AC 8 38- • St,LOWS 4 71" 5b 9 : 0NEST37 ERN R.R et.wA� kt�k3sdAc o Me- .4 \t v.o r,a 0,101 co 1 32 '23 41' AsAa ' •.. Y•' W . . AO ..� 34 i a C o 'vNY :u, sir! Page 3 of Petition EXHIBIT A Description of property: Address: 2813 W. FM544 Wylie, Texas 75098 Owner of record: T. K. Jernigan 4909 Orchard Sachse, Texas 75048 City of Wylie Ordinance No. 86-96, dated 23rd December 1986 defined property as, "Tract 29 consisting of.53 acres". Collin County Records defines the property as: Being part of a 40 acre tract of land out of the MOSES SPARKS SURVEY, ABSTRACT NO. 849, recorded in Volume 385, Page 33 of the Deed Records of Collin County, Texas and a portion of a 5.84 acre tract as deeded to Norman R. McCord and wife, Betty Alice McCord by L. L. Gayler and wife, Evelyn Gayler on June 1, 1971 and recorded in Volume 786, Page 782 of the Deed Records of Collin County, Texas, and described as follows: BEGINNING at a point for Southwest corner in the South line of said 5.84 acre tract and in the North line of State Farm Road No. 544, said point bears South 89 degrees 52 minutes East 338.0 feet from the Southwest corner of said 5.84 acre tract; THENCE North 0 degrees 03 minutes West along the East line of adjacent Lot 3 a distance of 213.44 feet to a point for corner therein; THENCE South 84 degrees 09 minutes East, a distance of 112.56 feet to a point for corner in the West line of adjacent Lot 5; THENCE South 0 degrees 03 minutes East along the West line of said Lot 5, a distance of 207.24 feet to a point for corner in the South line of said 5.84 acre tract; THENCE North 89 degrees 52 minutes West along the South line of said 5.84 acre tract and the North line of said State Farm Road No. 544, a distance of 112.00 feet to the POINT OF BEGINNING. Owner Policy of Title Insurance (No. OP-A 06698) indicates: "Being a portion of a 5.84 acre tract in the Moses Survey, Abstract No. 849; also being known as Lot 4 of McCord's Little Six Subdivision, an unrecorded addition in Collin County, Texas." Page 4 of Petition EXHIBIT B Description of property: Address: 2819 W. FM544 Wylie, Texas 75098 Owner of record: Curtis Watts Registered Voter, precinct #25 City of Wylie Ordinance No. 86-96, dated 23rd December 1986 defined property as, "Tract 26 consisting of .57 acres". Collin County Records defines the property as: BEGINNING at a point for corner in the South line of said 5.84 acre tract and in the North line of State Farm Road No. 544, said corner bears South 89 degrees 52 minutes East 20.00 feet from the Southwest corner of said 5.84 acre tract; THENCE North 0 degrees 03 minutes West along the East line of a county road, a distance of 245.24 feet to a point for corner therein; THENCE South 84 degrees 09 minutes East, 90.02 feet to a point for corner; THENCE South 0 degrees 03 minutes East, 5.00 feet to a point for corner; THENCE South 84 degrees 09 minutes East, 14.50 feet to a point for corner; THENCE South 0 degrees 03 minutes East, 229.78 feet to a point for corner in the North line of said Farm Road No. 544; THENCE North 89 degrees 52 minutes West, along the South line of said 5.84 acre tract and the North line of said Farm Road No. 544, a distance of 104.00 feet to the place of BEGINNING, and being Lot 1 of McCords LITTLE SIX SUBDIVISION, an unrecorded subdivision in Collin County, Texas. Page 5 of Petition EXHIBIT C Description of property: Address: 2815 W. FM544 Wylie, Texas 75098 Owner of record: William Steven Orban Registered Voter, precinct #25 City of Wylie Ordinance No. 86-96, dated 23rd December 1986 defined property as, "Tract 28 consisting of .54 acres". Collin County Records defines the property as: Being part of a 40 acre tract of land out of the MOSES SPARKS SURVEY, ABSTRACT NO. 849, recorded in Volume 385, Page 33 of the Deed Records of Collin County, Texas and a portion of a 5.84 acre tract as deeded to Norman R. McCord and wife, Betty Alice McCord by L. L. Gayler and wife, Evelyn Gayler on June 1, 1971 and recorded in Volume 786, Page 782 of the Deed Records of Collin County, Texas, and described as follows: All of Lot No. 3; BEGINNING at a point for Southwest corner in the South line of said 5.84 acre tract and in the North line of State Farm Road No. 544, said point bears South 89 degrees 52 minutes East 229.00 feet; THENCE North 0 degrees 03 minutes West parallel to the West line of said 5.84 acre tract and along the East line of adjacent Lot No. 2, a distance of 224.34 feet to a point for corner therein; THENCE South 84 degrees 09 minutes East, parallel to the North line of said 5.84 acre tract, a distance of 109.54 feet to a point for corner in the West line of adjacent Lot No. 4; THENCE South 0 degrees 03 minutes East along the West line of said Lot No. 4, a distance of 213.44 feet to a point for corner in the South line of said 5.84 acre tract; THENCE North 89 degrees 52 minutes West along the South line of said 5.84 acre tract and the North line of said State Farm Road No. 544, a distance of 109.00 feet to the POINT BEGINNING. Page 6 of Petition EXHIBIT D Description of property: Address: 2809 W. FM544 Wylie, Texas 75098 Owner of record: Jake D. Waldner Registered Voter, precinct #25 City of Wylie Ordinance No. 86-96, dated 23rd December 1986 defined property as, "Tract 31 consisting of.52 acres". Collin County Records defines the property as: BEING PART OF A 40 acre tract of land out of the Moses Sparks Survey, Abstract 849, recorded in Volume 385, Page 33, of the Deed Records of Collin County, Texas, and a portion of a 5.84 acre tract as deeded to Norman R. McCord and wife, Ruby Alice McCord, by L. L. Gayler and wife, Evelyn Gayler, on June 1, 1971, and recorded in Volume 786, Page 728, of the Deed Records of Collin County, Texas, and described as follows: All of Lot No. 6, (McCords Little Six Subdivision) BEGINNING at a point for SW corner in the South line of said 5.84 acre tract and in the North line of State Farm Road No. 544, said point bears South 89 degrees 52 minutes East, 568.00 feet from the SW corner of said 5.84 acre tract; THENCE North 0 degrees 03 minutes West along the East line of adjacent Lot No. 5, a distance of 190.43 feet to a point for corner therein; THENCE South 84 degrees 09 minutes East, a distance of 124.62 feet to a point corner in the West line of adjacent Lot No. 7; THENCE South 0 degrees 03 minutes East along the West line of said Lot No. 7, a distance of 178.04 feet to a point for corner in the South line of said 5.84 acre tract; THENCE North 89 degrees 52 minutes West along the South line of said 5.84 acre tract and the North line of State Farm Road No. 544, a distance of 124.00 feet to the point BEGINNING. --------- --- -------.......-- . . e....-... --- . -.... ........-.....-....... ... ... . ............................... ... .. ..... .. ...... . .� ..-, „„„,„,„,,,„„,.,,,,„„„,„-!,•„•:,,„,,•„-„-,T,••,•,•,,,T,•,•,••,•,•,•„,-,-,- !•,•,•,-,.••::: ..„.±,•,•••,••••,•:- � .... .. ... .................................................. ................................... .................................................................................................................. ........................ .... :.::..::....,:..:..:,..:.:::,,....:.:..,:.,.,.:,,,,:.:.:.:,,,,.:.:,,,,.,.:.:.:.:.:.:.,.:.:_,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.,.. .:.:.:.:.,....,.:.::.,.:.:.:.:.:.:.:.:.:.:.:...,.,.:..:.:.:,.,.,...„. .:.:....„..:.....:.,.:.:.,.:.:.:„.,.:.,.:.,.:.:.,.:...:.,....:.:.:.:...,.:.:.:.,.,.::.:.:.:,:.,.:.,.,.,.,.,.:.,.,.,.:.:.:.:.,.,.:.:.:.:.:.:.:.:.:.:.:.:.:,:.:.:„.:.:.:.:.,.:.:.:.:.:.:.,.,.:.:.:.:.,.:.:.:.:.:.:.:.:.:.:.:.:.:. :.:.:.,.:.,,,.:.:.::.::.:.::.:.:.::.:::.:.::,:. :... ,- !0$!•.8,:....i• l.mm'i!..:i .i1:-,i.i.ii.,1.igg•---...'.0.4.----..00-.......11c....0.06........-..-....titi--......"*.-..a.-tion......-...--ilit..0"......".00-00000....--....---..---......----11.3.....;11.99,...-..........4.-.1".limirElililH.1111.11":!.."1111 - ,:•-,••,.:-:-•:•::•:•:•:•,•••,•,•,•,•,:•:•:•:•:•:•:•:,•:•:•:•:•-•:--:•,•:-:•:•:•:•:-:•:---•:•--------:-•-----:----•:•----•:-:,:•-•-•-•,--•-•:•,•:•,•-•:------•-•:•-•,--:•:•:•-•:•--•-•,:•-•-•:--,--•:•,•-•:•:•::•,•,•:-•:•:•:•:•,•:•:---,•:•:•• ••••-•,•,•: lntlln with David Carolyn T t :: r t tit ISSUE The Tuttles submitted an application under the Urgent Need Grant several months ago. The Housing Advisory Board did not recommend approval. They have recently resubmitted and the board has again not recommended approval. They are appealing to Council to over-rule the board's recommendation and forward their application to the State. BACKGROUND When the Tuttle's originally submitted their application for rehab funds for a warped garage door and vapor locked windows, the Housing Advisory Board instructed David Lewis of GSA to determine why . . insurance did not settle on the claim. Apparently the damage was not evident until after insurance had settled. The application again went before the board and they agreed to delay the application until they were sure that there were no more urgent applicants that had still not applied. LEGAL CONSIDERATIONS "" Council has the ability to approve the Tuttle's application and forward it to the State along with the applications that were submitted for approval on the Consent Agenda. The Housing Advisory Board is only a recommending body. STAFF RECOMMENDATION This application is not urgent. However, there are substantial grant funds remaining. Our concern is that warped garage doors and vapor locked windows could easily be claimed by other neighbors and we :.- don't want to pay several of these kinds of claims if there are still applicants with worse damage who have not applied. We are, therefore, recommending the Council support the recommendation of the board. ATTACHMENT (1) letter from Tuttles -1//„;24,/...4,.- . .,,, / .t L,,-1-- --c__-_,) Submitted By `' Approved By 4z • 33zF1 . , Li iv it E..: : . c.. ,.,,:...„:::::.„:: .,:,„„,,,:,. . :::...,,..,, ,.. :,..,-.,,,, ....;:_:......:,,...., ., ....„:„:„..:::::..„,:,,,,::,.,„:..„:,„„., ii- ity,:::::co.tin: ii ,,,,:i .,..,,,H. , ::,. . . . ::..,..„:,...:.;„,.,... „,.....-:..::::#..,.:1,/: . -.- .. W 0::::: - ' -- ------ ---- ------- ---- --- .. . . ::: :::. :::.,,, ,..... . . _ . . . . -- :,":::::-": t #'Ir 0�: fiMMl' tI!EaN {1 1 "::..::.. . ..:::: .:::;:::: r '��'�• :`:.. ..:. Sra1'' f any #1nan0 a � . s Summary Consider a request submitted by Dan Scarborough of Shepard Place Homes for a "Rezone" of two (2) lots located at the intersection of W. Brown and Winding Oaks. Background This is a request for Rezoning Lot 7, Block "K" and Lot 58, Block "E" from "B-2" (Business) to SF- 2 (Single Family). Lot 7 contains 2.180 acres (94,943 sq. ft.) and Lot 58 contains 3.456 acres (150,561 sq. ft.). This area is considered as part of the Point North Subdivision, but is presently `� Zoned "B-2" (Business). Mr. Scarborough is also requesting a Replat of this property at this meeting. Financial Considerations Commercial uses would provide a higher tax base, but any development would be an improvement. Legal Considerations There has been some concern expressed that residential is not the best "Use" for this land. This request complies with our Comprehensive Development Plan since there is no designation for retail at this intersection on our Comprehensive Plan, but this could have been an oversight of the existing __ Zoning. Board/Commission Recommendations The Rezoning was approved by P & Z on 12-05-94. — Staff Recommendations Staff recommends approval. Attachments - Map indicating location. Russell Wyman � yam, � A ir � �w ym IOW- a Submitted By Approved By Page 1 of 2 (5/93) CITY OF WYLIE P.O. BOX 428 Wylie, TX 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee Date //` //- Applicant 412��A fA.D � _� thrysEj Phone No. L}75/lO O Mailing A dreg�,,• Work No. '1 75--//p r3 (920 LiorA/2 7z 12oAI' on-Al 5-Car zibo tro.31. C"- _6/4-12-(flike ‘ff5-FHP LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto.)1 (o+ cN oak K Parr a! 01 g28 AoiV\e ► \D(*{I\ -d',-k ov\ I hereby request that the above described property be changed from its present zoning which is 2 District Classification to SE- District Classificationforthe following reasons: (attach separate sheet if necessary) No.�vf�CThere a�er (are not) deed restrictions peCafd_rati ning to the intended use of the property. 2 Status of Applicant Owner K. Tenant Prospective Purchaser I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed .,..., ,/ 11 -. --: , . •:ii:."' 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'' .r., W • 11 •11 At- 1 , ' ' j_ .„.... / ,i, !2_ . 1 'Or I I .` i / . „.., i A 1 Ac 2A 4‘ .., e I ,• I ill - • 11 I I I ' ..._r X, 4 WCZ46 2-'' ' „,, ....- ,„.., 3131T Tt it- , .'..''' ANI 1,8 A v _ ,.. ..... ., ...- . 86"<„,16 z i , ,:r". - L ._,, , .....z _.... A, t .. :11 ''' 2 e ..i . ,•- e, .0 0.31 z"..- •' - 1 r------- —T- r-,,- PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a Public Hearing on Monday, December 5, 1994 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, December 13, 1994 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a request from Dan Scarborough (Shepard Place Homes) for a zone change of two ( 2 ) parcels of land located at the intersection of Winding Oaks and W. Brown, with Parcel 1 containing 2.180 acres (94,943 sq. ft.) and Parcel 2 containing 3.456 acres (150,561 sq. ft.) from "B-2" (Business) to "SF-2" (Single Family) and further described as follows : Lot 7, Block "K" and Lot 58, Block "E" of the Point North Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ/CC - D. Scarborough Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 V] I am in favor of the request for the reasons listed below ( j I am opposed to the request for the reasons listed below 1. Jjo NoT 1 NT AN /-f// /v,cNT D2 Good ausd✓ESS Bemwd i1 y / rnE. 3.NcE 7NE,�r Air /11AN)' SwRmPS oN 7//,S Peorc�7f', 7riiGNT VT DowN vN 711 s4uiTo�s, 2. � a >rl, ANT C 7d a�N ON 7/// WEEdS �4N� TEAS If, Signature J}vi. 4-. ,e21Ag___ L? Printed Name .�"�E 2 2 y 6. -4 fiei9/Ve ES (2)/e- Address 37/ 1/j cK. 4A4/6 PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a Public Hearing on Monday, December 5, 1994 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, December 13, 1994 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a request from Dan Scarborough (Shepard Place Homes) for a zone change of two ( 2 ) parcels of land located at the intersection of Winding Oaks and W. Brown, with Parcel 1 containing 2.180 acres (94,943 sq. ft.) and Parcel 2 containing 3.456 acres (150,561 sq. ft.) from "B-2" (Business) to "SF-2" (Single Family) and further described as follows : Lot 7, Block "K" and Lot 58, Block "E" of the Point North Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: RE: PZ/CC - D. Scarborough Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 cc c,�ii.� [ I am in favor of the requester rates listed below [ I I am opposed to the request for the reasons listed below c_�L r c �\.e "�4 \eA-Ye \ Y �A 'lY�t>�L ��IL C=C" 3s"-C“(6 S 2. =r U 3. l Q \ C� tip- _S Signature �- L Q4., �� eS Printed Name ��,,, , , ; LYE r• Ew..61-1 Address S-0-1 �;��. � -� Sb�- U ic,k< PUBLIC HEARING NOTICE The Planning and Zoning Commission will hold a Public Hearing on Monday, December 5, 1994 at 6:30 p.m. and the City Council will hold a public hearing on Tuesday, December 13, 1994 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a request from Dan Scarborough (Shepard Place Homes) for a zone change of two ( 2 ) parcels of land located at the intersection of Winding Oaks and W. Brown, with Parcel 1 containing 2.180 acres (94,943 sq. ft.) and Parcel 2 containing 3.456 acres (150,561 sq. ft.) from "B-2" (Business) to "SF-2" (Single Family) and further described as follows : Lot 7, Block "K" and Lot 58, Block "E" of the Point North Addition As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below: ,_ RE: PZ/CC - D. Scarborough Return this form to: Russell Wyman, Building Official P.O.Box 428 Wylie, Texas 75098 [ lam in favor of the request for the reasons listed below [ 1 I am opposed to the request for the reasons listed below 1. j:if— LOT t--( ' f ) `r 1,0s_j _q:c1 61,A 1,,LU-')-)O-Ci'il-t- 2. k`R-L . 3. Signature c�(/(-F s 4u.A.,k_ 4,(0,),0 Printed Na e ,\n}CT� 1 E lIce- -Fii- HARRIs Address ip 5— 6C_ The Planning and Zoning Commission met in a Regular Business Meeting on December 5, 1994, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman, Bart Peddicord, Cecilia Wood, Stuart Allison, John Crowe, Rich Eckman, and Tim Owen. ABSENT: Mike Hawkins, unexcused. STAFF MEMBERS PRESENT: Building Official, Russell Wyman. Chairman Peddicord made an announcement that Mike Hawkins moved out of state unexpectedly and very quickly to Shawnee, OK in a job transfer and to notify Council that a new appointment needs to be made. ACTION ITEMS - ITEM NO. 1: Consider approval of the Minutes from November 21, 1994 Regular Business Meeting. A motion was made by Cecilia Wood and seconded by Rich Eckman to approve the Minutes as corrected. Motion carried, all in favor(6 votes). PUBLIC HEARING ITEM NO. 2: Discuss and consider a recommendation to the City Council for a request from Dan Scarborough for a"Zone" change at the intersection of Brown and Winding Oaks from B-2 (Business)to SF-2 (Single Family). Dan Scarborough of Shepard Place Homes (Shepard Place Homes is the owner of the land at this intersection.) spoke in favor of the zone change. He said that the area would benefit from homes instead of commercial use. He said that due to easements running through this land that the only commercial use this land would have is a strip center which he said Wylie did not seem to have a use for right now. He said that due to these easements running through the land that the lots would be very large to allow for building space therefore making the entrance into Pointe North very appealing. He said that the driveways would be very long (over 4 times the normal length and width)to allow for visitor parking and some of the lots fronting onto Brown may have circular driveways(leading to rear entry garages)to also allow for visitor parking. A motion was made by Rich Eckman - and seconded by John Crowe to recommend to the City Council for a request for a "Zone" change at the intersection of Brown and Winding Oaks. Motion carried, 5 in favor and 1 abstaining vote(Stuart Allison). — ITEM NO.3: Discuss and consider a recommendation to the City Council for a request from Dan Scarborough (Shepard Place Homes) for a Replat of Lot 7, Block K into four(4) lots and Lot 58, Block E into six(6) lots. Dan Scarborough spoke in favor of the replat--to allow for these new homes. Motion passed, 5 in favor and 1 abstaining vote(Stuart Allison). ADJOURN: A motion was made by John Crowe and seconded by Tim Owen to adjourn. Motion carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Kirsten Fresh, Secretary 04.01S.• Summary Consider a request submitted by Dan Scarborough of Shepard Place Homes for a Replat of two (2) lots located at the intersection of W. Brown and Winding Oaks into ten(10) lots. Background This is a replat of Lot 7, Block "K" into four(4) lots and Lot 58, Block "E" into six (6) lots. Lot 7 contains 2.180 acres (94,943 sq. ft.) and Lot 58 contains 3.456 acres (150,561 sq. ft.). This area is -- considered as part of the Point North Subdivision, but is presently Zoned "B-2" (Business). Mr. Scarborough is also requesting a "Zone" change of this property at this Dec. 13 th. meeting, Financial Considerations Commercial uses would provide a higher tax base, but any development would be an improvement. Legal Considerations There has been some concern expressed that residential is not the best "Use" for this land, but if the developer is meeting all of our subdivision requirements there is no legal basis for denial of this plat. However,this project if unfavorable to the Council could be stopped by denying the "Zone" change. Board/Commission Recommendations This request was tabled at the 11-21-94 meeting until 12-05-94. The Replat was approved by P & Z on 12-05-94. Staff Recommendations Staff recommends approval. Attachments - Map indicating replat request. • Russell Wyman Submitted By Approved By Page 1 of 3 City of WYlie (5/93) APPLICATION AND FINAL PLAT CHECKLIST Date / 0 �7 Name of Proposed Development r1,9 ' " Name of Developer 5 /112/d-VAza-07)-if Le,/ Address LQ - - /-af Phone 1.�5 '�/0- Owner of Record PI14/71 - I--Ziael /' nn�� Address tp24 /�� X i5 (13 Phone V95- //C2a Name of Land Planner gqifR Surveyor/Engineer Address 775 ��L' / 0 '7501 Phone Total Acreage gam" Current Zoning e Number of Lots/Units /0 Signe4/,‘ ,//0 The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn to legibly show all data on a satisfactory scale, usually not smaller than one inch equals 100 feet. The Final Plat shall be submitted on a drawing which is 18" x 24". The following Final Plat Checklist is used to check compliance with the Wylie Subdivison Ordinance. The following checklist is intended only as a reminder and a guide for those requirements. 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" ......N. ''.-:.' . ••••'' ••711.0f • • • , . 1 .....•T_r,A_ w /3., f. g ,-, 'fi.1 l 1.1 I:.'kk, ••-% '.,-7 it ,., 1 VO• Ill., i It .: -!' I .s.''V ZilThm".' ' • •.;i1 i fi 12 ,.. •••,4:z •••••,..,7 s 4 kII NI 1,1'14 1 ---...- .41 • e 1 , i z___ y ..'7, ,r, : i• S . i L OT 7 )1 Z '' AA.. it 1 -1 2 , Thi,"NG tt•A•••• " •, II , mro co „,.., 4," ,.., • b 4 95 AC APIS RI _ L , , ( , x . . .... s : ,.,,,, , ' e ,' A• g ,Fr -• ; 1 1 • .L , , a ,,, 05 .01117 Pit - . . . .•. . • l , ,:r-'. ,•" i •,,, • _ i • , . ,_1._1 ,' -- •°- — II. ' 2 B t 5 ; ; , I ... 1 Iltid;711 -1.-- _ L.I._-- r_ r ,r• ---, ,--- .. -/---=--4-----Le-r. •."1". • *'••• - • •' . , . MINl_1"1'F S The Planning and Zoning Commission met in a Regular Business Meeting on December 5, 1994, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman, Bart Peddicord, Cecilia Wood, Stuart Allison, John Crowe, Rich Eckman, and Tim Owen. ABSENT: Mike Hawkins, unexcused. STAFF MEMBERS PRESENT: Building Official, Russell Wyman. Chairman Peddicord made an announcement that Mike Hawkins moved out of state unexpectedly and very quickly ,.w. to Shawnee, OK in a job transfer and to notify Council that a new appointment needs to be made. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from November 21, 1994 Regular Business Meeting. A motion was made by Cecilia Wood and seconded by Rich Eckman to approve the Minutes as corrected. Motion carried, all in favor(6 votes). PUBLIC HEARING ITEM NO. 2: Discuss and consider a recommendation to the City Council for a request from Dan Scarborough for a"Zone"change at the intersection of Brown and Winding Oaks from B-2 (Business)to SF-2 (Single Family). Dan Scarborough of Shepard Place Homes(Shepard Place Homes is the owner of the land at this intersection.) spoke in favor of the zone change. He said that the area would benefit from homes instead of commercial use. He said that due to easements running through this land that the only commercial use this land would have is a strip center which he said Wylie did not seem to have a use for right now. He said that due to these easements running through the land that the lots would be very large to allow for building space therefore making the entrance into Pointe North very appealing. He said that the driveways would be very long (over 4 times the normal length and width)to allow for visitor parking and some of the lots fronting onto Brown may have circular driveways(leading to rear entry garages) to also allow for visitor parking. A motion was made by Rich Eckman and seconded by John Crowe to recommend to the City Council for a request for a "Zone" change at the intersection of Brown and Winding Oaks. Motion carried, 5 in favor and 1 abstaining vote(Stuart Allison). ITEM NO.3: Discuss and consider a recommendation to the City Council for a request from Dan Scarborough (Shepard Place Homes) for a Replat of Lot 7, Block K into four(4) lots and Lot 58, Block E into six(6)lots. Dan Scarborough spoke in favor of the replat--to allow for these new homes. Motion passed, 5 in favor and 1 abstaining vote(Stuart Allison). ADJOURN: A motion was made by John Crowe and seconded by Tim Owen to adjourn. Motion carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Kirsten Fresh, Secretary ..._ ; ,;,.:1 :.i.;.:;......::;..:: ;.:...::i.; 1-...,i,:......,::,„:... .....-.., ..,:............-...:Hi.,,i.:,:.„.:.. :.:-::;: :....,.......:-:.:-...:: :',.,:.....,....-:. ,...,......„-,....... .„.„...,-,..::: ::.i.,..... ...:.......... ......: ::::::.....:•:...,.:.-....:.,:..-:]:::;:•.:.........„...:........,....,:...:•.....:..........,::•:-..iii-:-......:......-..i...i...ii,.-..-.:::::::::::::-.:-......-...:]...:::::•,...]:...-,.......-::......•,;-,...:-...,-....... ...:•::::::::::::::::::::::::::::::..........::::::-...-..........:::.:.:::::.:.::::„.............:.:. ...,:.:..--.:-..-..:.::::::::::-....:.,:.:.,.:.:.:...:. 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'V Summary Consider a request submitted by The Wylie Development Corporation for a Final Plat of three(3) a tracts totalling fifty one and fifty three one hundredths (51.53) acres plus adjoining right of way, being part of Tract 12 and all of Tract 10, of the D. Strickland Survey, Abstract 841, located south of County Road 297 and west of Sanden Blvd. Background This is the proposed industrial park that was to be home to Universal Displays. This plat will provide for the realignment of CR 297 and the initial development of the proposed Industrial Park. Tract I will contain nineteen and six hundred fifty three one thousandths (19.653) acres, Tract II will contain twenty(20) acres and Tract III will contain eleven and eight hundred seventy seven one thousandths (11.877) acres. Financial Considerations Increased tax base. Legal Considerations Cannot foresee any legal conflicts. ,_ Board/Commission Recommendations Preliminary Plat was approved by P & Z on 10-17-94 and the Council on 10-25-94. Final Plat was approved by P & Z on 12-5-94. Staff Recommendations Staff recommends approval. Attachments - Final Plat with vicinity map. Russell Wyman Submitted By Approved By SEF-2E' _ �1_1 .1 i T. 'F ( P .02 Page 1 of 3 1 re, 'rYl i � City of WYlie (5/93) i10APPLICATION AND PLAT CHECKLIST Date 9/21 /94 Name of Proposed Development Premier Industrial Park Name of Developer Development Corporation of Wylie, Inc Address P. 0. Box 1467, Wylie, Tex. Phone 214-442-7901 75098 Owner of Record James H. Hale 170 Pacific Ave , Unit 10, Address San Francisco, Cal . 94111 Phone 915-197-121a Name of Land Planner Jackson Associates, Inc. Surveyor/Engineer Address 2600 W. Hyw. #544 . Wylie. Tex. Phone 214-442-4045 St, s3 Total Acreage acres Plus rightwaGurrent Zoning I & B2 Number of Lots/Units 4 3 Sign /ec-' The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn to legibly show all data on a satisfactory scale, usually not smaller than one inch equals 100 feet. The Final Plat shall be submitted on a drawing which is 18" x 24". The following Final Plat Checklist is used to check compliance with the Wylie Subdivison Ordinance. The following checklist is intended only as a reminder and a guide for those requirements. Information Provided of Not Shown of Plat Applicable • 1. Title or name of development, written and graphic scale, north point, date of plat and key map. „ 1 Obn .• ° .D. 8 W. L. ---"<*-----ill.C. Wood /1 le y House w r ight 4.0 Ac. \ d 9t 14 GAL 6' //, o, 5ewright 42.0 Ac. . '---, _ ...” 0 Ac. 010(CERS ,. 1 • 2 0•C 110.•0 AC • \ i • ‘ • I • \ . L . . ‘. \ . L' , .._.... \ Jack Harvard :for, , , C.R. 297 \ Trustee II ./, • . I- Co.... A . _:„...--„......_ , / / ...i• ;;;.„ .0 ., A-• n : .4- \ • . ! " ...• • ,..•V -.:1•:••....i. ' \ John . .... . ./..• \ i . \ • •, i t \ .. r^\ • • , Robert L. Robinson • - . , . \ \ --. '''rz \N A. i.,. ...sTt. ,.....c ..7 Mil • Jerry , Idwe 11 ica J°slYn 10.3 Ac. - .... . . Donald Kreymer 7.22 Ac. - . ‘, --„. - 111.1' . 77 .- K.,* c, ci:" \,1.- e• ----"`",--- 1 . ..." .• ... ,. Al-AbIS V • 5 . 111 411161M11 _.....• :',- ..) t.. )e . beberr. ~TRW: , -....„.. ..." . . LAIK 109•C 1 MA X WE-4.4 7.42 Ac. - , (4.4, wwort J 'N C Independent Bonk . at 77-7-7-4 -r- ri,:.3) •,,0•••,..,,3.,I••••••,•6 1 3,0•• 1.13 oal.4. war] i•• . re•-• ' • ••.. — I of Wy I ie. 9. ROGERS 1.2C1.5,. R.- . /V \ , i / 1 c. 7 . . co......., 9,, 1_,f• .-...1.---I-1 (...,.. .. /..... / ..... . .• I/ . •••, /R1 .,.• .. • ••• •.• •S/ / , 7 \ROINERT I 14,0', 84., Wo•IT d .,' 1,, AC ' / 1002M/4506 , ----- /RuSTEE ,0 R5 AC 0.,.•,f,AC r.. '/ 1 Z / V \ , ' AC , •C , ..... •*. me... .•t•.a•ws vv. ot,477 IQ,1 I.- ". ". •• -' -,,/.. \ I i ..• \ 5 0 14 \ „...--....) .0 In •••tn. ir•• ado,e. .4J. . •'144 .05 f/N•/ . ,..Ei....T. \ '7 / •• • ••••• V MiLL E 0 \ . L. 7/ y .....'/ • 7 „.• zy77 , \\ , . , , / , I 6 , . \ 1.• ,......... •P . . ..... KIWI/ E 10•11/A110 \ ) . ..........!_,„ • ; R ,, ........, . C., / it ., 6. / •95 AC 1 -1,..\ . ,...•'L " " . • 1 30 r..rot>•.reort z :1/4 / - X' . •.--- \ .-' ../ , .. / \ ) V.-----;" EARL a /0.91906 \ , I AL RIOT TER \•.. • ' rr , AL ) , AA. 14 PeTTET3 . i ! I '-: I , I 1 1 1 • .1 1 , \ MINUTE'S The Planning and Zoning Commission met in a Regular Business Meeting on December 5, 1994, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. - A quorum was present and a notice was posted in the time and manner required by law. -" COMMISSION MEMBERS PRESENT: Chairman, Bart Peddicord, Cecilia Wood, Stuart Allison, John Crowe, Rich Eckman, and Tim Owen. ABSENT: Mike Hawkins, unexcused. STAFF MEMBERS PRESENT: Building Official, Russell Wyman. Chairman Peddicord made an announcement that Mike Hawkins moved out of state unexpectedly and very quickly to Shawnee, OK in a job transfer and to notify Council that a new appointment needs to be made. �•- ACTION ITEMS °`- ITEM NO. 1: Consider approval of the Minutes from November 21, 1994 Regular Business Meeting. A motion was made by Cecilia Wood and seconded by Rich Eckman to approve the Minutes as corrected. Motion carried, all in favor(6 votes). PUBLIC HEARING ITEM NO. 2: Discuss and consider a recommendation to the City Council for a request from Dan Scarborough — for a"Zone" change at the intersection of Brown and Winding Oaks from B-2 (Business)to SF-2(Single Family). Dan Scarborough of Shepard Place Homes (Shepard Place Homes is the owner of the land at this intersection.) spoke in favor of the zone change. He said that the area would benefit from homes instead of commercial use. He said that due to easements running through this land that the only commercial use this land would have is a strip center which he said Wylie did not seem to have a use for right now. He said that due to these easements running through the land that the lots would be very large to allow for building space therefore making the entrance into Pointe North very appealing. He said that the driveways would be very long (over 4 times the normal length and width)to allow for visitor parking and some of the lots fronting onto Brown may have circular driveways(leading to rear entry garages) to also allow for visitor parking. A motion was made by Rich Eckman and seconded by John Crowe to recommend to the City Council for a request for a "Zone" change at the intersection of Brown and Winding Oaks. Motion carried, 5 in favor and 1 abstaining vote(Stuart Allison). ITEM NO.3: Discuss and consider a recommendation to the City Council for a request from Dan Scarborough (Shepard Place Homes) for a Replat of Lot 7, Block K into four (4) lots and Lot 58, Block E into six (6) lots. Dan Scarborough spoke in favor of the replat--to allow for these new homes. Motion passed, 5 in favor and 1 abstaining vote(Stuart Allison). ADJOURN: A motion was made by John Crowe and seconded by Tim Owen to adjourn. Motion carried, all in favor(6 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Kirsten Fresh, Secretary • • ryry IL) 1!: > : alWit fair. ' . . .... f0$I1dal f han Ord+ -1st t:a oil `. ti Prof Summary Request from Max B Construction for Change Order #3 for 1st Street Water Main Improvements and Holland Hitch Sewer Line. Background Purpose of this change order is a reduction in the contract amount to allow for damages as a result of construction activities. Financial Considerations Credit to the City of Wylie in the amount of$2,500 for damage to sidewalks and drive approaches as a result of construction activities. City will perform repairs at a later date. Legal Considerations Board/Commission Recommendations Staff Recommendations City Staff and Engineer recommends acceptance of request for Change Order#3 and execute copies. Attachments - Attached is a copy of Change Order#3. Russell Wyman — Submitted By Approved By FAX 214 636 7088 MAX-B CONST. P03 MANGE ORDER Th r(C L . No, PROJECT: Holland Hitch Sawa and First Street Water t)ATE OF 1SSUANcE City I)Impro emeots --T�"'""�1,ac 1944 OWNER: �CM OWNER"'Praiser.Nu. 2000 Hwy. 78 North _ WA*Twos 75098 Co oL hull H wort COMpally ENGINEER Tho Hogan Corporation Rt. 4.Box 293 12.900 Preston Rood,Suite 820 — Tintren, TX 73160 Defies, TX 7S230 ENGINEER')Ptrje,t NO- .k4C No.002-31.6 Sao: Credit for dattlage to iiewiUj and drive approach as a reiolt of construction Via, City was .£. proriarm swain at*IBMdate. .— Purpose io Order Reduction in contract amount to allow fbr damages as described above. '— Ailloo .nn: (None) i... _ CHANCE uN CONTRACT PRtCS: CHANGE IN CONTRACT TIME: Original Comma Pries oriaaat Centr..x Tvar M No_Clime ---, eaoa or dare ?mime e OmN Oradea.Arc. l to No,2 M«cbuis from previous t:6.nar OWNS — 3i4ZO.1X 0 two:PtPt**/sn Chomp orts No Cha Order Commit Time hior to this ChowChowar `— — 321070499 - C iays or duo Not last*(Intro*)ottIi1 Choir(Mir Nat Maws(*mime)oilhie Mawr Order W2.500.0Q1 ., dal Comm Primo**all approval Climes Otdno Causal Tito ana aU approved i Orda w $ _____11 00 0 *go or ego tECO : APPROVED: APPROVED: y ' ' by by / L Me_cLeta.P . Steven P.Norwood.City Manager .,... The city of VVy)iG Max B Guns qpn 'ATE. _, l7//aY DATE: DATE: .140/ri" • F•»t 14• ri rn -; ax E ►1 rn. . Summary Recommendation for approval of final payment in the amount of$4,533.73 to Max B Construction and final acceptance of the Holland Hitch Sewer Line and 1st Street Water Main Improvements Project. Acceptance will initiate the 1 year warranty period. Background This project has been ongoing for several months. The homeowners on 1st Street are now being served off the new water line and project is ready for final acceptance. Financial Considerations Legal Considerations Board/Commission Recommendations Staff Recommendations City Staff and Engineer recommends acceptance of project. Contractor has fulfilled terms of contract. Attachments - Attached are Affidavit of Final Payment and Consent of Surety. Russell Wyman Submitted By Approved By PARTIAL, PAYMENT ESTIMATE (Number 5 ) Mali NAME OF CONTRACTOR: a MAX B Construction, P.o. Box1144, Rockwall, Texas 75087 NAME OF OMNER: CITY OF WYLIE, TEXAS DATE or 'LZI'IONZ Romer / .__.s? Y_2, 199A orifor co��: oo DATES Or �� ►: Rev t7. s�ca: �:�• J =Y, 1994 DESCRIPTION CT JON s PACKAGE HAND AND HI'I S 134 VENENTS B FIRST SlRE1vT WATER 1KAIN ITEM DESCRIPTION ESTIMATED NTITY COSTS SS2IN�ITS - DAB 4TY AWfT QUANTITY AMOUNT 1, FURNISH & INSTALL 8" 1 Errr c 2• FURNISHINSTALL 51 v 836 LF 17.50 84T LF 14,717.50 z _0 L1 MC1,750.00 oa 3. DISH & STALL 4'..0" LOOP E 0 o.oo ME 2,200.00 ME 4. FURNISH & INSTALL 4•-0" m111111E 0 0.00 1 ,250.00 I � 5. FURNISH6 INSTALL Qom$ �. 5 EA 6,250.00 20 20.00 Mill 6. PUSH & INSTALL SAIiP1 aEN Orjr LF 1,080.00 MC 37" P 7. i TTO EXIS /NG SANITARY SEWER11111110L 1 EA 375.00500.00$ FURNISH & INSPALI, OU 2 EA 1,000.00 Ns!nur1ZON Sl`AKINC' 836 1 .00 9.az °° DISH & INSTALL TRENCH SAFETY • 841 LF 841.00 N 1 836 1.5Q FUR[�1Is'H A INSTALL 8" %ATER MAIN wi 841 LF 1,261,SQ 11. P Fx'1'TIeasAI & SERYI{E OONVDCTIONS 1825 23.00 NM FURNISH ,� 1832 LF 42036.00 TS�i Il�b`X'Ats, 8 GATE VALVES 6 575.00 IIIIIIIIIIIIIIII• 12. FURNISH & INSTALL, S D. FIRE AYL)./VALVES1111111E 1,750.00 6 3,450.00 i . S LVAGTtV & REINg1ALLING EFISTING FR'S' '', .00 2 =r� " 900.00 14. =NE ' TO EMT= WA17ER NA 1 800.00 3 �' 700.00 15. FURNISH a INSTALL H'iBLIFR•. 3 Eh 2,100.00 25 20.00 IIMI 25 '' 500.00 r, 0 a TIMOZ • •Tf r •c= T •9L co o _ 'St~ t. [ . IA.. . { . *II ] . A. CO • H - . . 'Tt • .0g •6T 00'SOL'f AS St.l HARC Ora fs 0FE — 00'95 l AS 00L OZ' ZS 009 =WS Magi Jt6TN MON M1L=IQ JO ONICI BS imams •LT oa•oos 97 t 00'005 I Si[ l MIMS Ngrn TMOD HSII II •9 T a AMOUNT EARNED THIS PERIOD TOTAL TO DATE Amount Earned $ $ 84,522.00 Material on Hand MANGE CFRDER #1 $ $ 5,470.00 ODO E_XU R #2 $ $ - 2,500.00 Previous Payments $ $ - 82,958.27 Amount Due $ $ 4,533.73 Estimated Percentage of Job Completed Is Contractor's Construction Progress on Schedule Yes No c o Inclement Weather this estimate days No personnel on project days I hereby certify that I have carefully reviewed the work and as a result of my review and to the best of my knowledge and belief, the quantities shown in this estimate are correct and have not bean shown in previous estimates and the work has been performed in accordance with the contract 00 documents. °D . I MAX B Q TSTRUC 44 PM1 _groipct Manger (Title) {Title) By: By: (Title) (Title) 1 NI FAX 214 636 7088 MAX—B CONST. P01 CONTRACTOR'S AFFIDAVIT OF BILLS PAID STATE OF TEXAS COUNTY OFS PERSONALLY, BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY APPEARED RAt M. IER, JR• WHO, BEING DULY SWORN, ON OATH, SAYS THAT HE/SHE IS A LEGAL REPRESENTATIVE OF MAX B CONSTRUCTION OF ROCKWALL TEXAS , THAT THE WORK FOR THE CONSTRUCTION OF THE PROJECT DESIGNATED AS }OILAND HITCH SURER & FIRST ST. WATER MAIN IMP. HAS BEEN MATERIALS, SUPPLIES, APPARATUS, FIXTURES, MACHINERY, AND LABOR USED IN CONNECTION WITH THE CONSTRUCTION OF THIS PROJECT HAVE BEEN FULLY PAID. THIS AFFIDAVIT IS MADE FOR THE PURPOSE OF OBTAINING PAYMENT FROM CITY OF WYLIE ON THE ABOVE CONSTRUCTION WORK. - - (SIQNED?) SWORN TO AND SUBSCRIBED BEFORE ME THIS _ DAY OF A.D., 19 6� NOTARY PUBLIC IN AND I< SASE TIMERFOR THE STATE OF TEXAS. r.ri?lift SW w tes MY COMMISSION EXPIRES: FAX 214 636 7088 3[AI-B CONST. P05 CONTRACTOR'S AFFIDAVIT OF MN AL PAYMENT THE STATE OF TEXAS CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE COUNTY OP DAUM BEFORE ME,the undersigned authority,on this day pen t ally c:ppcared RALPH M. BUTLER, JR. (* fie '),who,after being duly sworn,deposes and says that he is RALPH M. $17fLER, JR. or_P CCX7N.STRUCTICti a PARTNERSHIP �) of 1st day of J County.Stste9 Tetras,which said Centric r� °td ted� s'T IZZ _l IMPROVEMENTS oaaaRrtnetion atof Al�T at WYL7E, TEx1.S Mlle Work'),for a total considerations of 1-8 I,,49fli0 Dopes to be paid to the said Contractor ('the Contract",and that efficient has full power of t rthority to make this affidavit That '1I11? CITY OF WYLIE Othe Owner'<has approved the finial estimate on said work,and that the said Contractor hear fully satisfied end paid any and all cleans that may be covered by Chapter 53 of the Texas Proposrty Code,and Article 5160 of th• Revised Civil&abates of the State of Team,or any other applicable statutes or chapter provisions,and that ail just bills for labor and Thetaials Bags ben paid said discharged by said Contractor insofar as they >ertain to the Worst in question. That in addition to any Aside which may have been previously paid by the Owner,the Contractor hereby accepts the ermoust of $4,533.73 Dollars as PULL and k7NAL.PAYMENT under the aforementioned Contract,and hereby waives and releases any right Affidant and/or the Contractor mrw,y have to pursue claims or any natzre against the Owner N lfing out of or in any manna'connected with the parfanmmce of the Worl for or through the supplied materials and/or tabor for the Work for or ttrouip the Ca-tractor(ub.C• reraator's'),as well as clots for delay, additional compnsetioa or for recovery of liquidated damages rvt ch may have bean withheld by the Owner. The contractor shell defend,bold heartless and indemnii/the Owner from say such claims of such Subcontractors. The Coattractor hasher releases the owner from any skit)ar liability rising k= any.ct or neglect or the Owner related to or connected with the(:overact This seridsvit is given pursuant to the rand payment provisions of the Contract,and shalt not be c s ar modify the terms and provisions of said Contract Consfraction RALPH M. BUTLER, JR. t RIN7 NAME SUBSCRIBED AND SWORN TO BEFORE M$,this,the 7 ay of i jiL . ,A.D. 19 Z, ARY PDBLIC) _w::, BABE tuiigifi G' `/• Ream Pvti:c t::,e<,i tea, PRINTED NAME OF NOTARY) - 'l o,esa,e r\ 7-i3-95 t ..•.,.. T,,.,r�.' Ay Commission Expires f'-Y'.S— FAX 214 636 7088 MAX-B CONST. PO4 'A'-'M ENT OF CLAIMS To CITY CP WYLIE & GULF INSURANCE Q7. Re: HOLLAND HITCH a n,- & FIRST ST. WATER MAIN ImmuvEram _ WYLIE ZEKA.S I certify that I have paid i4 full for all msrertolj purchased and all labor employed in the performance of phis contract, and that there are AO claims against za as an employer under this contract on accouz:c of ir.juriae sustained by vorkmen employed by me thereunder. I herany release you from any claims .� arising by virtue of this contract. M ... 4Coi t� C atop BY ` ,p Title PARTNER Data 12/7/94 '-- STATE OF TE. COUNTY or a a^- ` BEFORE ME, the undersigned authority, a Notary Public in and for said County gad Stars, ou this day personally appeared RALPH M. BUTLER, JR. kaoxn.to mg to be the parson whose name is subscribed to the foregoing iaaa u- w meat, and Acknowledged to ale that he/she executed the same for the purpose and consideration therein expressed. GIVEN •UN'DE9. MY HAND AND SEAL OF OFFICE, this t`e _7 day of - 19 9'/ • 4.e... it Notary ?u1;7"i , ,ir,_r "._E=' 1 $ABENRMEp County, Texas. fy commsastOn expires w4rl s w ten y: 19 , 7 `, tit. t-14 - .....r . ■ • ._) N 1 'J ►•J 7 ..1 1 s1 ►-J T •-, f•J 3 . .. . ...._..