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12-19-1995 (City Council) Agenda Packet CW?[je City
Council U%tcetinj
TJecember 19 , 1995
AGENDA
WYLIE CITY COUNCIL
Wylie Municipal Complex
December 19, 1995
7:00 p.m.
CALL TO ORDER
INVOCATION - David Eden, True Vine Fellowship
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. Presentation of New Library Hours
2. Introduction of Police Chief
•
RECESS CITY COUNCIL
CONVENE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION
1. Hold Public Hearing to Receive Public Comment on Proposed Projects Funded by the
4B Sales Tax and the Issuance of Bonds
ADJOURNMENT
RECOVENE CITY COUNCIL
CONSENT AGENDA ITEMS
2. Discuss and Consider Approval of Minutes - November 14 and November 21, 1995
3. Discuss and Consider Appointing Alternate Trial Judge
4. Discuss and Consider a Resolution Authorizing the Execution of the Kansas City
Southern Pipeline Crossing Contract
ACTION ITEMS
5. Discuss and Consider Abandonment of Alley between Lots 6, 7, and 8 and Lots 1, 2, 3,
4, and 5 of Block 15 of the Railroad Addition
6. Discuss and Consider Approval for Change Order#1 for Premier Industrial Park
7. Discuss and Consider Approval of Ordinances Annexing the following Properties
Surrounded by But Not Located Within the City Limits of the City of Wylie:
Ordinance 1:
3.842 Acre Tract of Land, in the Richard D. Newman Survey, Abstract No. 660, Tract 41, Volume
1583, Page 620,2.0 AcreTract of Land,in the H.J. Hardin Survey,Abstract No.438,Tract 9,Volume
9, Page 620, 3.842 Acre Tract of Land, in the Richard D. Newman Survey, Abstract 660, Tract
41,Volume 1583, Page 620,for a total of 10.342 acres. Owner: Robert L.Joslyn
Ordinance 2:
3.99 Acre Tract of Land, in the I. Clifton Survey,Abstract No. 193,Tract 1,Volume 3367, Page 230-
233, .5695 Acre Tract of Land, in the J. Curtis Survey,Abstract No. 196, Tract 5,Volume 418, Page
131, 15.78 Acre Tract of Land, in the L. K. Pegues Survey,Abstract No. 703, Tract 7,Volume 768,
Page 315, 29.669 Acre Tract of Land, in the D. Strickland Survey, Abstract 841, Tract 1, Volume
3367, Page 230-233, 3.22 Acre Tract of Land, in the l&GN Railway Co. Survey,Abstract No. 1061,
Tract 4, Volume 768, Page 315, 1 Acre Tract of Land, in the I&GN Railway Co. Survey, Abstract
1061, Tract 3,Volume 682-330, 5.41 Acre Tract of Land, in the l&GN Railway Co. Survey,Abstract
No. 1061,Tract 1-9,Volume ,Page_, 1.0 Acre Tract of Land, in the l&GN Railway Co.Survey,
Abstract 1061, Tract 6, Volume 1198, Page 638, 1.0 Acre Tract of Land, in the l&GN Railway
Co.Survey,Abstract 1061, Tract 1,Volume 3138, Page 582-585, 7.6450 Acre Tract of Land, in the
M.Milliron Survey,Abstract No. 563,Tract 3,Volume 418, Page 131, 33.7 Acre Tract of Land, in the
M.Sparks Survey,Abstract No. 849,Tract 34,Volume 2957, Page 575-578, 3.3 Acre Tract of Land,
in the G.W.Gunnell Survey,Abstract 351,Tract 16,Volume 2957, Page 575-578, Collin County, for
a total of 106.28 Acres, More or Less, Collin County,Texas. Owner: Ida Pearl Scholz
Ordinance 3:
22.4 Acre Tract of Land,in the M.Sparks Survey,Abstract No. 849,Tract 21,Volume 645, Page 470,
Collin County,Texas. Owner: Dr. Paul P.Taylor
Ordinance 4:
5.0 Acre Tract of Land,in the M.Sparks Survey,Abstract No. 849,Tract 22,22-9,Volume 864, Page
279, Collin County,Texas. Owner: Patrice Lemmon
Ordinance 5:
28.81 Acre Tract of Land, in the M. Sparks Survey,Abstract No. 849, Tract 17,Volume 2165, Page
795, 27.45 Acre Tract of Land, in the M. Sparks Survey, Abstract No. 849, Tract 20, 20-9, Volume
2165,Page 795,for a total of 56.26 Acres, More or Less, Collin County,Texas. Owner: Thomas A.
Mannewitz, et al
Ordinance 6:
5.2453 Acre Tract of Land,in the H.J. Hardin Survey,Abstract No.438,Tract 3,Volume 1383, Page
170, 4.68 Acre Tract of Land,in the Richard D. Newman Survey,Abstract No.660,Tract 34,Volume
1383, Page 170,0.37 Acre Tract of Land, in the I. Clifton Survey,Abstract No. 193,Tract 10,Volume
1383, Page 170, Collin County,Texas. Owner: Worth M. Speed
Ordinance 7:
1.983 Acre Tract of Land,in the I.Clifton Survey,Abstract No. 193,Tract 12,Volume 1585, Page 902,
Collin County,Texas. Owner: Gary M. Oliver
Ordinance 8:
10.0 Acre Tract of Land, in the G. W. Gunnell Survey, Abstract No. 351, Tract 7, 7-9,Volume 684,
Page 218, Collin County, Texas. Owner: Kenneth Bevis
Ordinance 9:
10.278 Acre Tract of Land, in the H.J. Hardin Survey,Abstract No. 438, Tract 6,Volume 2364, Page
510, Collin County,Texas. Owner: Norlan C.VanCleve
Ordinance 10:
4.0 Acre Tract of Land, in the G.W. Gunnell Survey,Abstract No. 351,Tract 12,Volume 932, Page
703-705, Collin County,Texas. Owner: Paul Witherspoon
Ordinance 11:
17.0 Acre Tract of Land, in the I. Clifton Survey,Abstract No. 193, Tract 7, 7-9, Volume 353, Page
510-511, Collin County,Texas. Owner: Otis E. Hensley
Ordinance 12:
7.7 Acre Tract of Land, in the G.W. Gunnell Survey,Abstract No. 351,Tract 10, 10-9,Volume 709,
Page 44, Collin County,Texas. Owner: Jick Drain
Ordinance 13:
7.5 Acre Tract of Land, in the G. W. Gunnell Survey, Abstract No. 351, Tract 9 ,11, Volume 1110,
Page 494-496, Collin County,Texas. Owner: James L. Pell
Ordinance 14:
33.76 Acre Tract of Land, in the G. W. Gunnell Survey, Abstract No. 351, Tract 13-9, 13, Volume
1376, Page 94, Collin County,Texas. Owner: J. L Brand/Dorothy Green
Ordinance 15:
6.0 Acre Tract of Land, in the G.W. Gunnell Survey,Abstract No. 351, Tract 8,Volume 1954. Page
424, Collin County,Texas. Owner: Gladys C. Swanson
Ordinance 16:
7.5 Acre Tract of Land, in the G. W. Gunnell Survey,Abstract No. 351, Tract 5, Volume 817, Page
558, Collin County,Texas. Owner: Billie R.Jones
Ordinance 17:
9.994 Acre Tract of Land,in the G.W. Gunnell Survey,Abstract No. 351,Tract 6, 6-9,Volume 1134,
Page 1741-1744, Collin County,Texas. Owner: Deborah J. Mulcahy
Ordinance 18:
0.901 Acre Tract of Land, in the Jacobs Addition, Lot 2, Block B, Volume F, Page 369, 0.692 Acre
Tract of Land,in the Jacobs Addition, Lot 3, Block B,Volume F, Page 369,for a total of 1.593 Acres,
More or Less, Collin County,Texas. Owner: Roy and Mary Jacobs
Ordinance 19:
10.95 Acre Tract of Land, in the M. Sparks Survey,Abstract No. 849, Tract 19,Volume 1376, Page
94-96, 1.67 Acre Tract of Land, in the G. W. Gunnell Survey,Abstract 351, Tract 15,Volume 1376,
Page 95-96, 54.98 Acre Tract of Land, in the G.W. Gunnell Survey,Abstract 351, Tract 14,Volume
757, Page 242,for a total of 67.6 Acres, More or Less, Collin County,Texas. Owner: J. L. Brand
•
Ordinance 20:
40.82 Acre Tract of Land, in the L. K. Pegues Survey,Abstract No. 703, Tract 6,Volume 772, Page
513,29.0 Acre Tract of Land,M.Sparks Survey,Abstract No. 849,Tract 15,Volume 3180, Page 615-
617, 30.0 Acre Tract of Land, in the M. Sparks Survey, Abstract No. 849, Tract 16, 16-9, Volume
2324,Page 194,for a total of 99.80 Acres,More or Less, Collin County,Texas. Owner: Ronnie Joe
Housewrrght
Ordinance 21:
19.91 Acre Tract of Land, in the E. C. Davidson Survey, Abstract 266, Tract 29, 29-9,Volume
Page , 37.96 Acre Tract of Land, in the E. C. Davidson Survey,Abstract 266,Tract 28,Volume
3415, Page 911, for a total of 57.87 Acres, More or Less, Collin County,Texas. Owner: Landon T.
Carlson
Ordinance 22:
191.40 Acre Tract of Land, in the M. Milliron Survey, Abstract No. 563, Tract 2, Volume 270, Page
205-206,75.8 Acre Tract of Land, in the J. W. Curtis Survey,Abstract No. 196, Tract 1,Volume 270,
Page 205-206,for a total of 267.2 Acres, More or Less, Collin County,Texas. Owner: Frances Bates
Wells
Ordinance 23:
8.05 Acre Tract of Land, in the Richard D. Newman Survey, Abstract 660, Tract 43, Volume 1632,
Page 673, 3.85 Acre Tract of Land, in the H. J. Hardin Survey, Abstract No. 438, Tract 10, Volume
1632, Page 673, 3.5 Acre Tract of Land, in the I. Clifton Survey, Abstract No. 193, Tract 8, Volume
1632, Page 673, for a total of 15.4 Acres, More or Less, Collin County, Texas. Owner: Browning
Bradshaw
Ordinance 24:
2.756 Acre Tract of Land, in the I. Clifton Survey,Abstract No. 193,Tract 9, 9-1,Volume 1383, Page
137, 2.7 Acre Tract of Land, in the H. J. Hardin Survey,Abstract No.438,Tract No.2,Volume ,
Page , 5.5 Acre Tract of Land, in the Richard D. Newman Survey, Abstract No. 660, Tract 33,
Volume , Page , for a total of 10.956 Acres, More or Less, Collin County, Texas. Owner:
Ronald F. Miller
Ordinance 25:
2.017 Acre Tract of Land,in the I.Clifton Survey,Abstract No. 193,Tract 14,Volume 2195, Page 578,
3.6 Acre Tract of Land,in the Richard D. Newman Survey,Abstract No.660,Tract 40,Volume 2195,
Page 578, 1.8 Acre Tract of Land, in the H. J. Hardin Survey, Abstract 438, Tract 8,Volume 2195,
Page 578, for a total of 7.417 Acres, More or Less, Collin County,Texas. Owner: Jerry C. Caldwell
Ordinance 26:
FM 544 From FM 1378 to Sanden Blvd., in the J.W. Curtis Survey,Abstract No. 196, Tract FM 544,
in the Milliron Survey, Abstract No. 563, Tract FM 544, Collin County, Texas. Owner: Texas
Department of Transportation
Ordinance 27:
3.46 Acre Tract of Land, in the G.W. Gunnell Survey,Abstract No. 351,Tract 17,Volume , Page
,3.09 Acre Tract of Land, in the J.W. Curtis Survey,Abstract No. 196,Tract 4,Volume
Page , 7.417 Acre Tract of Land, inthe E. C. Davidson Survey, Abstract No. 266, a Portion of
St Louis Railroad, Volume 2195, Page 380, 5.47 Acre Tract of Land, in the M. Milliron Survey,
Abstract No. 563, Tract 4, Volume_, Page , for a total of 19.6 Acres, More or Less, Collin
County,Texas. Owner: Dallas Are Rapid Transit
Ordinance 28:
10.0 Acres out of a 30 Acre Tract of Land, in the IG. W. Gunnell Survey. Abstract No. 351, Tract 2,
Volume 647, Page 526, Collin County,Texas. Owner O.W. Hampton
Ordinance 29:
16.83 Acres out of a 63.5 Acre Tract of Land, in the L. K. Pegues Survey,Abstract No. 703,Tract 8,
Volume 316, Page 409, Collin County, Texas. Owner: B. C.Wood
Ordinance 30:
2.674 Acre Tract of Land, in the J. W. Curtis Survey,Abstract No. 196, Tract 3, Volume 575, Page
224, 1.4439 Acre Tract of Land, in the M. Milliron Survey, Abstract No. 563, Tract 1, Volume 575,
Page 224,for a total of 4.1179 Acres, More or Less, Collin County,Texas. Owner: Texas Power and
• Light
STAFF REPORTS
CITIZEN PARTICIPATION
BOARD APPOINTMENTS
8. Discuss and Consider Replacing Member to the Park Board
ADJOURNMENT
Posted on this the15th day of December, 1995 at 7:00 p.m.
Wylie City Council Li
Agenda Communication for December 19, 1995
Presentation of New Library Hours
ISSUE:
This item is for information purposes only. No formal action is required.
BACKGROUND:
The Library staff conducted a survey of library hours during the month of October. The survey's purpose
was to determine if hours could be decreased to 45 hours to produce a more efficient operation. According
to the 1993 Texas State Library Statistics, the average number of hours open for libraries serving 5,000 to
9,999 population is 37 hours. My recommendation is to reduce library service hours from 50 hours to 45
hours.
More evening hours are needed to serve the citizens more effectively. Most of Wylie's citizens commute to
Dallas to work and they do not get home until 6:00 or 7:00 in the evening. The staff indicated that many
patrons have requested earlier hours on Saturday which is traditionally the Library's busiest day. The
slowest day of most weeks is Friday.
LEGAL CONSIDERATIONS
N/A
FINANCIAL CONSIDERATIONS
There will be not be an impact on the budget due to the hour changes. The staff will be working the same
number of hours and this will help relieve the staff shortage problem. If one staff member is on leave, the
part-time staff members have to work extra hours to provide sufficient coverage. Reducing hours will not
alleviate this problem, but it will lessen the problem.
RECOMMENDATION
Listed below are new library hours effective January 2:
NEW HOURS CURRENT HOURS
Monday 12:00 - 8:00 10:00 - 7:00
Tuesday 12:00 - 8:00 12:00 - 8:00
Wednesday 11 :00 - 7:00 10:00 - 7:00
Thursday 12:00 - 8:00 10:00 - 7:00
Friday 1 1:00 - 5:00 10:00 - 7:00
Saturday 9:00 - 4:00 11:00 - 5:00
j)Ait._( \ M jci._ etteetht4+.
Prep d by City Manager Approval
Wylie City
Council ' # 1
Agenda Communication for December 19, 1995
___Iminuommummisommiummommimmilmimminimmi
Presentation of New Library Hours
ISSUE:
This item is for information purposes only. No formal action is required.
BACKGROUND:
The Library staff conducted a survey of library hours during the month of October. The survey's purpose
was to determine if hours could be decreased to 45 hours to produce a more efficient operation. According
to the 1993 Texas State Library Statistics, the average number of hours open for libraries serving 5,000 to
9,999 population is 37 hours. My recommendation is to reduce library service hours from 50 hours to 45
hours.
More evening hours are needed to serve the citizens more effectively. Most of Wylie's citizens commute to
Dallas to work and they do not get home until 6:00 or 7:00 in the evening. The staff indicated that many
patrons have requested earlier hours on Saturday which is traditionally the Library's busiest day. The
slowest day of most weeks is Friday.
LEGAL CONSIDERATIONS
N/A
FINANCIAL CONSIDERATIONS
There will be not be an impact on the budget due to the hour changes. The staff will be working the same
number of hours and this will help relieve the staff shortage problem. If one staff member is on leave, the
part-time staff members have to work extra hours to provide sufficient coverage. Reducing hours will not
alleviate this problem, but it will lessen the problem.
RECOMMENDATION
Listed below are new library hours effective January 2:
NEW HOURS CURRENT HOURS
Monday 12:00 - 8:00 10:00 - 7:00
Tuesday 12:00 - 8:00 12:00 - 8:00
Wednesday 11:00 - 7:00 10:00 - 7:00
Thursday 12:00 - 8:00 10:00 - 7:00
Friday 11 :00 - 5:00 10:00 - 7:00
Saturday 9:00 - 4:00 11:00 - 5:00
Mik ee101/4SH
Prep d by City Manager Approval
Wylie City Council #2
Agenda Communication for December 19, 1 g95
Approval of Minutes November 14 and 'November 21, 1995
Minutes of the Wylie City Council
November 14, 1995
CALL TO ORDER
Mayor Jim Swartz called the City Council Meeting to order, November 14, 1995 at
7:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, John Mondy,
Steve Wright, J. C. Worley and Cleo Adams.
ACTION ITEMS
APPROVAL OF MINUTES - OCTOBER 10 AND OCTOBER 24, 1995
With no discussion, Scott made the motion to approve the minutes. The motion was
seconded by Wright. The motion passed unanimously.
RESOLUTION NO. 95-34 CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR
THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH
SECTION 6.03(G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT
THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION.
Mayor stated that the Wylie Independent School District voted for Ronald Carlisle.
Brady Snellgrove, Finance Director, explained the role of the Central Appraisal District
Board of Director. Mondy made the motion to nominate Thomas Nieman. Joel Scott
seconded the motion. The motion passed unanimously.
RESOLUTION NO. 95-35 . A JOINT RESOLUTION OF THE BOARD OF TRUSTEES OF
THE WYLIE INDEPENDENT SCHOOL DISTRICT AND THE CITY COUNCIL OF THE
CITY OF WYLIE, DECLARING BY POLICY A WORKING PARTNERSHIP BETWEEN the
CITY AND SCHOOL DISTRICT; ESTABLISHING AN ACTION PLAN TO ENACT
CERTAIN GOALS FOR THAT PARTNERSHIP; AND ESTABLISHING AN ANNUAL
REVIEW AND REVISION PROCESS FOR THE ACTION PLAN.
Mindy Manson, Assistant to the City Manager, gave an overview of the Joint
Resolution between the City and WISD. She explained this resolution was to establish a
working relationship between the City and WISD. Adams made the motion to approve the
the resolution. Mondy seconded the motion. The motion passed unanimously.
APPROVAL OF EXTENSION LETTER FOR AMBULANCE CONTRACT
Mike Collins, City Manager, explained changes were to be made for the current
ambulance RFP. An extension would allow the staff time to gather appropriate information.
Wright made the motion to approve an extension letter for the ambulance contract. Mondy
seconded the motion. The motion passed unanimously.
HOLD SECOND PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF
PROPERTY ALONG THE FM 544 CORRIDOR
Collins explained the vision for the community and that Council has directed staff
to review plans for long range planning for the city.
Ron Miller, 334 Hensley Lane - wants certain requirements met before agreeing
to the annexation. The main problem is wastewater, potable water and flooding conditions.
Tom Mannewitz, 2821 W. FM 544- is opposed to the annexation. Wants to know
what the penalty to the city is if improvements are not supplied within 3 1/2 years of
annexation.
Norlan VanCleve, 108 Hensley Rd. - is opposed to the annexation. Wants to know
when water would arrive to his home.
Paul Taylor, 2615 Briarcove, Plano -Appreciates the idea that council is going to
keep control of the boundaries and the community. Has a problem with the water main
since they already have a water main.
Chris S, Foster, 6234 Twin Oaks Cr., Dallas - Speaking on behalf of her mother,
Mrs. Carlson. Her mother is more concerned about water service than wastewater service.
Currently she has no water service.
Richard Abernathy, City Attorney, stated according to state law, you have 2 to 4 1/2 years
to provide water/wastewater service.
WORKSESSION - UPDATE AND REVIEW OF AMBULANCE RFP
Collins gave overview of current ambulance RFP and proposed changes. Chief
Shan English, Fire Chief, gave an overview of proposed staffing for cross trained E.M.S.
personnel and proposed increased level of service.
ADJOURNMENT
As there was no further business to come before Council for consideration, the
meeting was adjourned.
Jim Swartz, Mayor
Susan Shuler, City Secretary
Minutes of the Wylie City Council
November 21 , 1995
CALL TO ORDER
Mayor Jim Swartz called the City Council Meeting to order, November 21, 1995 at
7:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, John Mondy,
J. C. Worley and Cleo Adams. Steve Wright was absent.
ACTION ITEMS
APPROVAL OF CONTRACT WITH MOTOROLA FOR 800 MHz RADIOS
City Manager, Mike Collins explained the 800 MHz Radio System and the equipment
from Motorola. The radios will be used by the Police and Fire Department and will replace
the current low band, one channel, single antenna radio system. Adams made the motion
to approve the purchase of the 800MHz radio system. Mondy seconded the motion. The
motion passed unanimously.
INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR 800 MHz RADIO SYSTEM
USE
With no discussion, Scott made the motion to approve an Interlocal usage
agreement with Collin County for the 800 MHz Radio System. Allen seconded the motion.
The motion passed unanimously.
STAFF REPORTS
Collins explained that traffic counts around the FM1378/FM544 intersection would
be taken within the next week to make recommendations to the Collin County
Commissioner's Court to acquire signalization in this area. This would be for temporary
relief in the area. Mondy stated that he would like a study done on the railroads runs to
determine what hours trains run across the intersection and if it traffic arms are needed.
Collins announced that a Police Chief offer has been made to Bill Rushing from
Odessa. He will be formally introduced at the next council meeting. His first official day will
be January 2, 1996.
Brady Snellgrove, Finance Director, stated that the auditors will be arriving for the
annual audit on Monday, November 27, 1995.
WORKSESSION - UPDATE AND REVIEW OF FIRE DEPARTMENT ISSUES
Collins updated Council on the Fire Master Plan. Three key issues were discussed:
overview for home sprinkler systems, wood shingles, and ambulance RFP.
On the first issue, Fire Chief, Shan English explained the sprinkler ordinance proposal. He
stated this proposal takes fire protection from the fire station to the home, is cheaper and
has a quicker response. A representative from Rescom, a home sprinkler company,
explained how the system works. A demonstration of how the sprinkler system works was
given by the Fire Fighters Association in their demonstration house.
Chief English also gave a presentation on the issue of wood shingles. A presentation was
given on a solution for containing wood shingle fires. It was suggested requiring builders
to put decking under the wood shingles.
An overview was given on the current ambulance RFP. Collins and Chief English explained
the options with regard to the ambulance RFP and a five year plan.
ADJOURNMENT
As there was no further business to come before Council for consideration, the
meeting was adjourned.
Jim Swartz, Mayor
Susan Shuler, City Secretary
Wylie City Council #3
Agenda Communication for December 19, 1995
Discuss and Consider Appointing Alternate Trial Judge
Issue
To discuss and consider approval of an alternative trial judge appointment.
Background
Judge Marsh, has on occasion, had to excuse herself from the bench for various reasons, i.e., having
prior knowledge, personal knowledge or prejudice either for or against. She has requested James D.
Blume be appointed as an alternate to serve the bench in these instances. Currently, we have an
alternate pre-trial judge who, while he is fully competent to preside over the pre-trial, is not fully qualified
to preside at jury trials where motions are likely to be presented by the defense.
Financial Consideration
Any compensation for Mr. Blume is a matter between Judge Marsh and Mr. Blume. The city's financial
obligation is to Judge Marsh; therefore she will compensate any alternate who serves in her stead.
Legal Considerations
James D. Blume is an attorney licensed by the State Bar of Texas since October 1975. He has been
admitted to practice before the Supreme Court of the United States and the Supreme Court of Texas.
He also has been admitted to practice before the United States Court of Appeals for the Fifth Circuit and
for the Eleventh Circuit. (The Fifth Circuit has jurisdiction for the State of Texas.) In addition, he has
been admitted to practice before the United States District Court for the Northern, Southern, Eastern,
and Western districts of Texas.
Staff.Recommendations
N/A
Attachment- Copy of resume for James D. Blume.
("In(://4t2bz, 't/
Prepar d by City Manager Approval
JAMES D. BLUME
6116 N. Central Expressway
Suite 250
Dallas, Texas 75206
(214) 373-7788
EDUCATION:
Clear Creek High School, League City, Texas, 1965-1968
Cornell University, Ithaca, New York, 1968-1972
B.A. cum laude (economics)
University of Texas School of Law, 1972-1975
J.D. , May 1975
Criminal Law Association
American Journal of Criminal Law
Intern, Travis County Juvenile Court
PROFESSIONAL ASSOCIATIONS:
State Bar of Texas, licensed, October 1975
American Bar Association
Texas Trial Lawyers Association
American Trial Lawyers Association
Dallas Bar Association
Who's Who in American Law
Chairman, Dallas Subcommittee, State Unauthorized Practice of
Law Committee (1986-90) ; Chairman, Northern Region,
(1987-90)
Chairman, State Unauthorized Practice of Law Committee,
appointed by the Texas Supreme Court to 3-yearfterm in
1990 and appointed chairman in October 1991.
Special Assistant Disciplinary Counsel, State Bar of Texas,
1993 - present
ADMITTED TO PRACTICE BEFORE:
The Supreme Court of the United States
The Supreme Court of Texas
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Eleventh Circuit
United States District Court, Northern District of Texas
United States District Court, Southern District of Texas
United States District Court, Eastern District of Texas
United States District Court, Western District of Texas
-1-
EMPLOYMENT EXPERIENCE:
Partner; James D. Blume, P.C.
March 1990 to present
General civil commercial practice with emphasis on
state tax, appellate, administrative and trial work.
Partner; Mauro, Wendler, Blume & Gutow
July 1986 to February 1990
General civil commercial practice with emphasis on
appellate, administrative and trial work.
Partner; Gutow & Blume
October 1979 to July 1986
General. civil practice with emphasis on appellate and
trial work.
Associate Deputy Comptroller, State Comptroller of Public
Accounts, September 1978 to August 1979
Director of Claims, State Comptroller of Public Accounts
January 1977 to September 1978
Hearings Examiner, Legal Services Division, State Comptroller
of Public Accounts
February 1976 to January 1977
Chief of Research, City of Austin Charter Revision
Commission
June 1975 to December 1975
PUBLICATIONS:
"Federal Limitations on the Sales Tax", "The Hotel Occupancy
Tax" , and "Miscellaneous Occupation Taxes", all published in Texas
Tax Service, 1985.
REFERENCES:
Available upon request.
-2-
Wyliemajwy„e cityCouncil # 4
Agenda Communication for December 19, 1995
Resolution Authorizing the Execution of the Pipeline Crossing Contract
Issue
To consider a resolution authorizing the Mayor and City Secretary to execute a contract agreement
with Kansas City Southern Railway Company for a Pipeline Crossing Contract.
Background
The Kansas City Southern Railway will grant the City of Wylie the right to lay and maintain the
proposed 12" underground potable water pipeline encased in a 20"x 70" steel casing pipe under its tracks
and property at Mile Post T-203.10+ in Wylie, Texas. This property is in the Premier Business Park.
The pipeline will be laid, and maintained by the City of Wylie. This agreement will be in force for one
year and thereafter until terminated by thirty day notice in writing given by either party to the other.
Legal Consideration
This contract agreement must be executed for potable water pipeline to be completed in the Premier
Business Park.
Financial_Consideration
As long as this agreement is in effect, the City of Wylie agrees to maintain comprehensive, general,
and contractual liability insurance with minimum limits of$1,000,000 per occurrence, together with umbrella
coverage over all policies in the minimum amount of $5,000,000. The City of Wylie shall also provide or
require minimum statutory workmen's compensation coverage for all covered employees who are on the
property.
Staff Recommendation
Jack Jones, Public Works Superintendent, has reviewed this contract and recommends approval of
the agreement.
Attachments
Resolution
Pipeline Crossing Agreement
Resolution No.
RESOLUTION BY THE WYLIE CITY COUNCIL
AUTHORIZING THE MAYOR AND CITY SECRETARY
TO EXECUTE THE PIPELINE CROSSING CONTRACT BETWEEN
THE CITY OF WYLIE AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY
WHEREAS, the City Council agrees that is in the best interest to enter into an
agreement between The Kansas City Southern Railway Company and the City of Wylie;
and
WHEREAS, the City Council agrees that Kansas City Southern Railway Company
hereby grants the City of Wylie the right to lay and maintain proposed 12" underground
potable water pipeline encased in a 20" x 70" steel casing pipe under its tracks and
property at M. P. T-203.10+ in Wylie, Texas; and
WHEREAS, the City Council authorizes the Mayor and City Secretary to execute the
said agreement on behalf of the City of Wylie; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
Section 1 Pipeline Crossing Agreement
The agreement between The Kansas City Southern Railway Company and
the City of Wylie, Texas covering land at Wylie, Collin County, Texas, at M.P.
T-203.10+.
Section 2 Authorizing Execution
The City Council authorizes the Mayor and City Secretary to execute the
agreement on behalf of the City of Wylie.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS
ON THIS THE 19TH DAY OF DECEMBER, 1995.
Jim Swartz, Mayor
Susan Shuler, City Secretary
PIPELINE CROSSING CONTRACT
AGREEMENT entered into on October 9, 1995 between THE KANSAS CITY SOUTHERN
RAILWAY COMPANY, a corporation called herein "Licensor", and CITY OF WYLIE, TEXAS, to be
addressed at 2000 Highway 78 North, P.O. Box 428, Wylie, Texas 75098, called herein "Licensee".
1. Licensor hereby grants Licensee the right to lay and maintain proposed 12" underground
potable water pipeline encased in a 20" x 70' steel casing pipe under its tracks and property at M.P.
T-203.10±in Wylie, Texas, the course of the pipeline being described as follows:
As indicated in red on print of Drawing No. 997-93
dated 11/7/95 marked Exhibit "A", attached to and made
a part hereof.
2. The pipeline shall be laid in a manner acceptable to Licensor's Engineer, and plans for same
shall be submitted for his approval before construction work begins.
Laying, maintenance, operation and use of the pipeline shall not endanger the safety or
condition of Licensor's property in any way, or the operation of trains or cars, and the pipeline shall
be laid with a suitable protective casing at a minimum depth of 5 1/2 feet below the bottom of
Licensor's base of rail and at a minimum depth of thirty-six inches (36") below the ground at other
points on the right-of-way. Excavations made on Licensor's property shall be promptly refilled by
Licensee, the earth well tamped, and the ground left in the same condition as before laying of the
pipeline. The location of the pipeline shall be marked, with markers maintained and plainly visible at
the right-of-way lines. Installation under the tracks shall be by either the dry bore and jack or tunnel
methods.
The pipeline shall be maintained so as to prevent the escape of gas or liquid being conveyed.
Connections or valves shall not be placed in the pipeline nearer than forty (40) feet from the center of
Licensor's nearest track. Further, the pipeline and its operation and use, shall comply with any and
all applicable governmental laws, rules, and regulations. If required by Licensor's Engineer, gates and
check valves shall be placed in convenient locations.
3. Licensee shall promptly make necessary repairs to the pipeline, and, in the event of
Licensee's failure to do so, repairs may be made by Licensor at Licensee's expense, which cost
Licensee expressly agrees to pay upon presentation of the bill.
Should Licensor at any time decide a change in the location or other changes in the pipeline
are desirable, Licensee will at its cost make the changes at Licensor's request, and, upon the failure
of Licensee to do so, Licensor may make such changes at Licensee's expense, which expense Licensee
expressly agrees to pay upon receipt of the bill.
Licensee, hereby assumes any and all risks arising out of, incident to, or in any way connected
with the construction, maintenance, operation, use or removal of the pipeline. In consideration of the
privileges herein granted, Licensee further expressly agrees to indemnify and save harmless Licensor
and any other railway companies operating over or using the tracks of Licensor, its or their officers,
agents, servants and employees, successors and assigns, as the case may be, from and against any
and all actions, proceedings, claims, demands, losses, outlays, damages, liabilities and expenses
(whether arising in or based upon tort, contract, strict liability, or otherwise) including attorneys' fees,
which may be incurred on account of injury to or death of any person whomsoever, or loss of or
damage to any property in any way, directly or indirectly, resulting from, arising out of, or connected
1
with the construction, maintenance, operation, use or removal of the pipeline by Licensee or by anyone
acting in its behalf, its or their, as the case may be, exercise of or performance of or its or their failure
to exercise or perform any of the rights, privileges, duties or obligations granted or imposed under the
provisions of this agreement. Licensee agrees to indemnify Licensor and other railway companies
operating over or using the tracks of Licensor, its or their officers, agents, servants and employees,
successors and assigns from and against their own negligence, except for such injury, death, loss or
damage which may be due to the sole active negligence of Licensor, its officers, agents, servants, or
employees. Licensee hereby releases the railway companies from all damages to the pipeline from any
cause whatsoever.
4. Rights herein granted are personal and not assignable without Licensor's written consent.
The provisions of this License shall be binding upon the successors and permitted assigns of both
parties.
5. Upon termination of this License, Licensee shall immediately remove the pipeline from the
property of Licensor. Upon failure of the Licensee to remove the pipeline Licensor may remove it at
Licensee's expense, which cost and expense Licensee agrees to pay.
6. Licensee agrees to pay for use of Licensor's right-of-way and the privilege hereby granted,
the sum of THREE HUNDRED FIFTY AND NO/100 DOLLARS($350.00) upon execution of this contract
and thereafter the sum of ONE HUNDRED AND NO/100 DOLLARS ($100.00) annually in advance of
the anniversary date of this contract.
Should Licensor consider it necessary or desirable to supervise the installation or removal of
the pipeline, or to provide flagging protection for its trains during such installation or removal, Licensor
shall provide such supervision or flagging protection and Licensee shall reimburse Licensor for its
reasonable costs and expenses.
7. This Agreement shall continue in force for one (1) year and thereafter until terminated by
thirty (30) days notice in writing given by either party to the other.
8. Environmental Protection: The Licensee shall not permit hazardous waste, hazardous
substances or hazardous materials on or in the area covered by this agreement without the written
consent of the Licensor.
The Licensee shall at all times keep the area covered by this agreement in a safe, clean and
sanitary condition, and shall not mutilate, damage, misuse, alter or permit waste therein. Should any
discharge, leakage, spillage or emission of any hazardous waste, hazardous substance or hazardous
material or pollution of any kind occur upon, in, into, under or from the area covered by this agreement
due to Licensee's use and occupancy thereof, the Licensee, at its sole cost and expense, shall clean
all property affected thereby, to the satisfaction of the Licensor and any governmental body having
jurisdiction thereover.
The Licensee shall comply with all applicable ordinances, rules, regulations, requirements and
laws whatsoever including (by way of illustration only and not by way of limitation) any governmental
authority or court controlling environmental standards and conditions on the premises and shall furnish
satisfactory evidence of such compliance upon request by the Licensor. If, as a result of the Licensee's
operation hereunder, any such ordinance, rule, regulation, requirement, decree, consent decree,
judgment, permit or law is violated, or if, as a result of any action by the Licensee, any hazardous or
toxic waste, materials or substances should enter or otherwise affect any part of the area covered by
this agreement (including surface, subsurface, airborne and/or ground contamination), the Licensee
shall protect, save harmless, defend and indemnify the Licensor from and against any penalties, fines,
2
costs, response, remedial, removal and clean-up costs, corrective action, natural resource damage and
damages and expenses of any other nature whatsoever, including legal fees and court costs, imposed
upon or incurred by the Licensor, caused by, resulting from or in connection with such violation or
violations.
For the purposes of this Environmental Protection Section, the Licensee agrees to defend,
indemnify and hold harmless the Licensor from and against any and all claims, demands, actions,
liability, responsibility and causes of action (whether arising in or out of tort, contract, strict liability,
or otherwise) asserted against them for death, injury, loss or damage resulting to the Licensor's
employees or property, or to the Licensee or the Licensee's employees or property, or to any other
persons or their property, and for all penalties, fines, costs, response, removal, remedial and clean up
costs, corrective action, natural resource damage and damages and expenses of any other nature
whatsoever, including legal fees and court costs, arising from, related to or happening in connection
with the use of the area covered by this agreement by the Licensee and its agents, servants,
employees, contractors and representatives.
For the purposes of this Environmental Protection Section, the Licensee further agrees that its
obligation of indemnity hereunder shall be strict and absolute and shall remain in full effect irrespective
of any negligence on the part of the Licensor.
9. So long as this Agreement is in effect Licensee agrees to maintain comprehensive, general,
and contractual liability insurance with minimum limits of $1,000,000 per occurrence, together with
umbrella coverage over all policies in the minimum amount of $5,000,000. In addition, Licensee shall
provide or require minimum statutory workmen's compensation coverage for all covered employees
who are on Licensee's property. A certificate of insurance will be provided to Licensor by Licensee
prior to installing the pipeline licensed under this Agreement.
10. Licensee agrees to furnish Licensor with a certified copy of resolution or ordinance adopted
by the City of Wylie authorizing the Mayor and City Clerk to execute this contract on behalf of the
City.
IN WITNESS WHEREOF, Parties hereto have caused this agreement to be executed in duplicate
the day and year first above written.
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
Approved:
By
V.P. and Chief Engineer Title Senior V.P. - Ooerations
Approved as to form: CITY OF WYLIE, TEXAS
By
Legal Department
Title Mayor
Approved as to execution:
Attested:
Legal Department By
Title City Clerk
3
PIPE SPECIFICATION
CARRIER PIPE CASING PIPE N
SIZE: I2in. SIZE: ZOhi.
MATERIAL: Pvc MATERIAL: S+eel
CONTENTS: Po+Qble Werker WALL TH I CKNESS:o.313"
WALL THICKNESS: O.SZB" CASING LENGTH: 70'
NOTES: IF CASING IS VENTED. CASING SHALL EXTEND TO RIGHT-OF-WAY
LINES. TOP OF CASING SHALL BE. A MIN. 51,1 BELOW BASE OF
RAIL & A MIN. 3' BELOW NATURAL GROUND OR DITCH BOTTOM.
IF CASING IS NOT VENTED. CASING SHALL EXTEND A MIN. 25'
(AS MEASURED AT RIGHT ANGLES) FROM CENTERLINE OF OUTSIDE
TRACK. CASING SHALL BE SEALED FOR VENTED & NONVENTED
PIPELINES. —
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N THE KANSAS CITY SOUTHERN RY. CO.
( N
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DRAWN BY DATE VAL.SEC. SHEET N2
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Cwn..WICK M.S.I.M ..»a
Wylie City Council #5
Agenda Communication for December 19, 1995
Discuss and Consider Abandonment of Alley
Issue
To Discuss and Consider approval of an alley abandoment between Lots 6, 7 and 8, and Lots 1, 2, 3, 4 and
5 of Block 15 of the Railroad Addition.
Background
Richard Parker has made a formal request to abandon the alley on his property located South of Hwy. 78
between Third and Fourth Street, with Oak Street bordering the South property line in the Railroad Addition.
He believes that this alley abandonment would make the property more desirable to attract prospective
buyers/developers. Commercial use would be consistent with the Comprehensive Land Use Plan.
There are no City of Wylie utilities installed in this alley, nor any for Lone Star Gas or TU Electric. This entire
tract is a vacant grassy field and the alleyway is an unimproved surface that is not used as an alley.
Currently, this property is valued at $102,257 and the 5,474 square foot alley itself would have a current
value of$8,170.54.
This item was originally brought before the City Council on October 24, 1995 and was tabled until staff could
research the procedures and the fee structure, if any, that other area cities use in the citizen-initiated
abandonment of streets and/or alleys.
Board Recommendations
N/A
Legal Considerations
The City of Wylie presently has no fee associated with alley/street abandonment. A survey of cities show
that Rockwall, Richardson, Garland and Rowlett all charge a fee equal to the appraised value of the
proposed alley or street if the abandonment has been requested by an individual or firm. Sachse charges
no fee and Plano charges no fee but the county filing fee. The City Council might wish to ask staff to
prepare additional information and schedule a workshop to consider changes in the future.
Financial Considerations
There are several financial considerations that could be considered. There are direct revenues that could
be collected which would be difficult to calculate. Affording the owner the opportunity to consolidate these
properties into one large parcel could facilitate commercial development which would garner the City Impact
Fees, Sales Tax Revenue, and Perimeter Street Fees. There are also considerations with respect to the
increase in property values that could be realized if the abandonments were to make possible the highest
and best use of the property.
Staff Recommendations
There was no policy establishing that a fee be charged for alley abandonment when the formal request
was received. City Staff therefore recommends approval.
Attachments
Attached is a copy of the request from Richard Parker, the plot plan and legal description for the
property and a location map.
Mkt 2016"
Prepared By Community Dev. Approv I City Manager Approval
THIRD STREET (70' R.O.W.) \'P� •
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PROPERTY DESCRIPTION
Being Lots 1 through 8, Block 15, of Town of 11:ylie, also known as Railroad Addition, an Addition to(lie City of
115'lie, Collin County, Texas,according to the Plat thereof recorded in Volume 77, Page 494, Deed Records, Collin
County, Texas.
1
All of the subject property lies within Zone"a"'(areas determined to be outside 500-year flood plain)according to the Flood Insurance
Rate Map Community Panel Number 48085C0420 E dated April 2, 1991.
GF NO.95 11'Y 355246-X JOB NO. 262-95-1001
SURVEYOR'S CERTIFICATE
I,Donald J.Jackson do hereby certify that this survey was made on the ground and correctly shows the boundary lines with dimensions
.of the land indicated hereon,correctly shows the location of all structures and other noticeable improvements and visible items on the
subject property,correctly shows the location of all alleys,streets,easements,and other matters of record of which I have been advised
affecting the subject property,and except as shown, I1cr'e are no-i'isihtr).iL
semeats,partywalls, or conflicts on subject property.
II
/ C,. (. , _
Donald I.Jack. 'U
j Registered Professional Land Surveyor No.3949
1 JACKSON & ASSOCIATES LAND SURVEYORS
2600 W. F.M. HIGHWAY NO. 544 WYLIE, TEXAS 75098 (214)442-4045
JOB NO. SCALE DATE DRAWN BY GE NO.
262-95-1001 1" = 50' 3/21/95 S. REESE 95 WY 355246—X
RICHARD PARKER, INC.
NEW CONSTRUCTION AND RESTORATION
RICHARD PARKER • P.O. BOX 307 • WYLIE, TEXAS 75098 98 • (2141 442-5114
September 8, 1995
Mike Phillips
City of Wylie
P.O. Box 428 •
Wylie, Texas 75098
Dear Mr. Phillips,
I own the property located at Lots 1-8 Block 15, Railroad
Addition, Wylie, Texas . I would like to request that the alley
between these lots be abandoned by the City of Wylie . Please
place this request on the council agenda at the earliest possible
date .
Thank you,
( IUD J PaklWi
Ric and Parker
JACKSON & ASSOCIATES
LAND SURVEYORS
ALLEY DESCRIPTION
Being a trout or parcel of land situated in Block 15 of the Railroad Addition, an Addition to the
City of Wylie, Collin County, T. *4 and being more particularly described as follows:
Beginning at a 112 inch iron rod found in the north right-of-way line of Oak Street(70'R.O.W.)
for the southeast corner of Lot 4 Block 15 of the Railroad Addition, an Addition to the City of
Wylie, Collin County, MOM
Thence, N 00°00'00"E, a distance of 265.71 feet to a 1/2 inch iron rod found for the northeast
corner of Lot 8, Block 15 of said Addition, being on the southerly right-of-way line of State
Highway 06. 78;
Thence, N 51° 18'17*E, along said right-of-way line, a distance of 25.63 feet to a 1/2 inch iron
rod set for the most westerly 1Mrthwest corner of Lot 1, Block 15 of said Addition;
Thence, S 00°00'00" W,a distance of 281.73 feet to a 1/2 inch iron rod set in the north right-of-
way line of said Oak Street for the southwest corner of Lot 5, Block 15 of said Addition;
Thence, N 90° 00' 00" W, along said right-of-way line, a distance of 20.00 feet to the Point of
Beginning and containing 5,474 square feet or 0.126 acres of land.
00 W. FM HIGHWAY 544 WYLIE, TEXAS 75098 (214)442-4045
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Wylie CityCo Council
Agenda Communication for December 19, 1995
Discuss and Consider Approval for Change Order No 1 for Premier Industrial Park
Issue
To Discuss and Consider granting authorization to the City Manager to approve Change Order#1 for
Premier Industrial Park and authorizing the City Manager to reimburse Wylie Development Corporation
for the cost of the Service Center improvements for an amount not to exceed $79,032.
Background
This will consist of the extension of paving, drainage improvements, water and sewer facilities in
association with the future service center. These improvements are needed to provide access and
utilities for the new Wylie Service Center. The Change Order will be paid for with City funds and
performed by East Texas Construction, the contractor for Premier Business Park. The proposed
improvements will extend approximately 550'to the west of Premier Business Park along Hensley Lane.
The Contractor is currently working in the area, and stands ready to proceed with these improvements.
The bids received from East Texas Construction for the Premier Business park was very favorable. The
work in progress has been proceeding in a very timely manner and has been more than satisfactory to
date with no problems in performance encountered. The terms of the Change Order are negotiated
based on the same unit costs for goods and services as contained in the original bid. The Consulting
Engineer will be prepared to discuss and answer any and all questions at the Council meeting.
Board Recommendations
N/A
Legal Considerations
The Wylie Development Corporation is the owner of the Premier Industrial Park and is required to
approve the Change Order. This Change Order exceeds $50,000 and therefore requires City Council
authorization. The approval providing the City Manager with the authority to reimburse the Wylie
Development Corporation will allow for the proper accounting of how the Service Center Fund budget
is disbursed.
Financial Considerations
The projected cost of these improvements will be $79,032. City Council has approved in the FY96
Budget, a Service Center fund totaling $425,820, out of which these improvements will be funded.
Staff Recommendations
City Staff and Consulting Engineer recommends approval of Change Order#1.
Attachments
Change Order#1 and Cost Breakdown
• 6&-1/A,9
Prepared By City Manager Approval
12/13/95 12:01 T$214 490 7163 THE HOGAN CORP. 4-1'4 WYLIE-PRICE U 002/003
CHANGE ORDER
No. 1
PxoJEcr: Premier Business Park DATE OF I88uNCE: December 1.3, 1995
OWNER: The Development Corp. of Wylie, TX O ,$ p.roect vs
PAD_ Box 1467
Wylie, TX 75098
CONTRACTOR: East Texas Construction ENGINEER: The Hogan Corporation
P.O. Box 553 12900 Preston Road, Suite 620
Rockwall, TX 75087 Dallas, Texas 75230
sl:GINEER's Praject 1Qe. THC No. 002-22.42
Description: This change will consist of the extension of paving and drainage, water and
sewer facilities in association with the new Wylie Service Center. The proposed
improvements will extend approximately 550' to the west of Premier Business Park along
Hensley Lane and will connect to the Premier Business Park facilities.
Purpose of Change order: Provide access and utilities to the new Wylie Service Center.
Attachments: Cost Change Tabulation (Exhibit A)
CHANGE IN °DETRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
$ 404,394.65 150 cal days suantia11200 cal days final
days or date
Previous Change Orders No. to No- _ Net change from previous Change Orders
$_ 0 0
days
Contract Price prior to this Change Order Contract Time Prior to this Change Order
$ 404,394 l5D cal dams substantial/200 cal days final
days or date
Net Inareaee (des-case) of this Change Order Nee Increase (decrease) of this Change Order
$_ 79,032.00 0
days
contract Price with all approved Change Orders Contract Time with all approved Change Ordero
$_ 483.426.65 150 cal days substantial/200 cal days final
days or date
RE a APPROVED: APPROVED:
by by by
Greg MacLean, P.E. Mike Collins, city manager Rebecca scett
The Hog/.nco or 3,00 City of Wylie East Texas Construction co., inc.
DATE: /3. DATE: DATE:
APPROVED:
by
Zoom Yeager, President
The Development Corp. of Wylie, TX
DATE:
■
12/13/95 12:01 1:2214 490 7163 THE HOGAN CORP. 444 WYLIE-PRICE 003/003
Change Order No.1
Exheit'A'
EXTENSION OF HENSLEY LANE FROM PREMIER BUSINESS PARK ACROSS
FRONTAGE OF NEW SERVICE CENTER
CONTRACT PROJECTED`
Item UNIT UNIT PRICE QUANTITY AMOUNT
8"Reinforced Concrete Pavement S.Y. 22—'6 2,261.11 $51,101
6"Curb L.P. 0.90 1,100.00 $990
Unclassified StreetExcava9on C.Y. 1.85 1,548.15 $2,864
Stabbed Subgrade S.Y. 1.25 2r32222 $2,903
Lime TN. 92.00 38.91 $3,580
8"Gate Valve E . 690.00 1.00 $590
Broadcast Seeding S_Y- 0.85 1,222.22 $1,039
8"PVC 5DR35 Sanitary Server Pipe,Inducing Embedment L.F. 12.80 550.00 $7,040
8"Water Main LF. 11.60 550.00 $0,380
Standard Fire Hydrants,inducing Valves and Appurtenances Ea. 1395.00 1.00 $1,395
Standard Salary Sewer Manhole Ea. 1050.00 1.00 $1,050
PROJECTED TOTAL 679,E
Wylie City Council #7
Agenda Communication for December 19, 1995
-immisommoommoommommommoommiosilimmemoni
Annexation of Property Along FM 544 Corridor
Issue
To discuss and consider ordinances concerning the annexation of specific property
along the FM 544 corridor.
Background
The City Council passed a resolution on September 26, 1995 calling for two public
hearings to initiate the annexation process. Public Hearings were held on October 24,
1995 and November 14, 1995.
There are several purposes for this annexation. It will allow the city to consolidate
its city limit boundaries. This will also eliminate pockets of county land that are bounded
on at least two sides by property in the city. This creates certain service delivery
challenges. Many of the properties are along the most highly visible corridor (FM544)
coming into the City of Wylie. In order to maintain the standards that the citizens of Wylie
have come to expect, the city must annex said property to oversee and regulate future
development.
To clarify terms used in this annexation, listed below are:
Unincorporated - this area is surrounded by the city limits, but the city has no
jurisdiction as far as requiring building permits, housing inspection, code
enforcement, or zoning, but the city does require any platting of land to follow the
Wylie Subdivision Regulations.
City/ETJ - this area is the same as unincorporated property except this property is
within one mile of the current city limits, allowing enforcement of Subdivision
Regulations (paving, drainage, water, sewer) if platted.
City - this area must conform with all standards set by the city and all services are
made available to property owners.
A service plan has been established for this area. A service plan must include
police protection, fire protection, solid waste collection, maintenance of water and
wastewater facilities, and maintenance of roads and streets, including road and street
lighting.
Decisions regarding specific parcels may be difficult to make. The legal obligations
established in the annexation code regarding the provision of services might on the surface
appear to go against the best interests of a single property owner. The owner of property
that will not be served with a brand new concrete street or with utility extensions that
extend to the home/business structure, might believe that annexation is not in their best
interest. However, the City will, in each and every instance, fulfill its legal obligation under
the existing law.
Police, Fire, Environmental Health and Code, Planning and Zoning, Park and
Recreation, Water and Sanitary Sewer Services will be provided in accordance with
existing City policies.
Legal Consideration
Local Government Code 43.053, Period of Completion for Annexation, states that
the annexation of an area must be completed within 90 days after the date of the governing
body institutes the annexation proceedings or those proceedings are void. The annexation
will be in effect after passage by Council and publication of ordinance in the local
newspaper.
Financial Consideration
The approximate projected costs (in today's dollars) of providing water and/or
wastewater services required for the highest and best use of the properties can be
calculated. The actual cost the city will incur would be based on the amount recouped
when the properties being served are platted and developed, through impact fees, pro rata,
etc. The City will make accessible, consistent with applicable city codes, water and
wastewater services to the current users of the properties.
Recommendation
Staff recommends annexation of the property located along the FM 544 corridor.
Attachments
Map of Area to be Annexed
Service Plan
Financial Consideration
List of Property Owners
)224itc 6164_
Prepared By Community Dev. Approval City Manager Approval
SERVICE PLAN
for the
1995 - FM 544 Corridor Annexations
WATER AND WASTEWATER SERVICE
The Item Numbers listed below correspond to the attached annexation map.
Item No. 10 in the
Extend wastewater service from an existing 8-inch
to serve'tary sewer 3 tracts (WoodnScholzHander
• Business Park, east, approximately 1,000 feet
Parker).
Item No. 1
Extend water service from an existing 8-inch water main along FM 1378, westward along
the north line the Gladys Swanson tract, approximately 1,000 feet to serve the
Witherspoon tract.
Item No. 6
Extend water service from the existing 8-inch water main in the Premier Business Park,
westward following Hensley Lane (C.R. 297), approximately Mil eBrad,400 fet to see shaweC Idwell and eight
tracts (Housewright, Hensley, Van Cleeve, Speed,
Oliver).
Item No. 4
Extend water service from the existing 20-inch water main along the south side of FM
544 to the north approximately 1,400 feet to serve six tracts (Brand (4), Wood, and
Taylor).
Item No. 8 . -
Extend wastewater service from the existing acre J L. Brand Interceptor Sewer 1 180
westward, along the north line of the 34.9
feet to serve two tracts (J.L. Brand and Dorothy Green, and J.L. Brand).
Item No. 7
Extend wastewater service from the existing 21-inch
Muddy
try Creek Interceptor Sewer
eastward, approximately 700 feet to serve the Swanson
Item No. 9
Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer
westward, across the Francis Bates tract and then along the common line of the 34.98
and 32.14 acre J.L. Brand and Dorothy Green Tracts, approximately 3,400 feet to serve
eight tracts (Brand (3), Taylor, Wood, Lemmon, and Mannewitz).
Item No. 2
Extend water service from the existing 12-inch water main along north side of FM 544
northward following Marshall Lane, northward and then eastward, approximately 2,400
feet to serve two tracts (Mannewitz and Lemmon).
item No. 3
Extend water service from the proposed water main (Item No. 8 of this plan) northward,
along the west line of the Mannewitz tracts, approximately 2,000 feet to serve three
tracts (Mannewitz, Housewright, and Housewright).
Item No. 11
Extend wastewater service from the existing 30-inch Muddy Creek Interceptor Sewer
east and then northeasterly, along the tributary to Muddy Creek, approximately 2,900
feet to serve both the 17.5 and 37.96 acre Carlson tracts.
POLICE AND FIRE PROTECTION
The City will expand police and fire protection services as needed to meet changing requirements.
MAINTENANCE OF WATER, SEWER, STREETS, ETC.
The City will own and maintain all facilities constructed, dedicated, and accepted for public use.
SOLID WASTE COLLECTION
Provision of service to new customers is covered by the franchise agreement with the service
provider. Service will be expanded as needed.
FINANCIAL CONSIDERATIONS
The following table shows the approximate projected costs (in today's dollars) of providing water and/or
wastewater service to the properties being considered for annexation. The costs shown represent the cost
to the City if the mains are funded entirely with City funds. It should be noted that in most cases, the cost of
construction will be recouped when the properties being served are platted and developed, through impact
fees, etc. These costs are projections only. Actual construction costs may vary in the future.
FM 544 CORRIDOR ANNEXATIONS No. of Cost per Total
Tracts Tract Cost
tern No. 10
Extend wastewater service from an existing 8-inch sanitary sewer main in the Hooper Business 3 $5,600 $16,800
'ark, east, approximately 1,000 feet to serve 3 tracts.
tem No. 1 •
Extend water service from an existing 8-inch water main along FM 1378, westward along the 1 $24,000 $24,000
forth line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract.
tern No. 6
Extend water service from the existing 8-inch water main in the Premier Business Park, westward 8 $7,125 $57,000
ollowing Hensley Lane (C.R. 297), approximately 2,400 feet to serve eight tracts.
tern No. 4
Extend water service from the existing 20-inch water main along the south side of FM 544 to the 6 $11,667 $70,000
forth approximately 1,400 feet to serve six tracts.
tern No. 8
Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, 2 $14,400 $28,800
along the north line of the 34.98 acre J.L. Brand tract, approximately 1,180 feet to serve two
racts.
tern No. 7
Extend wastewater service from the existing 21-inch Muddy Creek Interceptor Sewer eastward, 1 $16,800 $16,800
approximately 700 feet to serve the Swanson tract.
tern No. 9
Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, 8 $19,125 $153,00C
approximately 3,400 feet to serve eight tracts.
tern No. 2
Extend water service from the existing 12-inch water main along north side of FM 544 northward 2 $53,000 $106,00C
ollowing Marshall Lane, northward and then eastward, approximately 2,400 feet to serve two
racts.
tern No. 3
Extend water service from the proposed water main (Item No. 8 of this plan) northward, along the 3 $24,000 $72,000
Nest line of the Mannewitz tracts, approximately 2,000 feet to serve three tracts.
tern No. 11
Extend wastewater service from the existing 30-inch Muddy Creek Interceptor Sewer east and 2 $46,800 $93,60C
hen northeasterly, along the tributary to Muddy Creek, approximately 2,900 feet to serve both
he 17.5 and 37.96 acre Carlson tracts.
TOTAL $638,00(
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Wylie City Council #8
Agenda Communication for December 19, 1995
Discuss and Consider Replacing Member to the Park Board
Issue
Consider the appointment of Terry Ayre to the Park Board to fill an unexpired term.
Background
Biff Johnson was appointed to the Park Board to fill an unexpired term. He has recently taken a job as the Director
of Public Works for the City of Lancaster and has asked to be removed from the Board due to scheduling conflicts.
Terry Ayre was appointed by the Council as an alternate to the Board and has indicated that he would be willing to
fill the unexpired term. This term expires in July, 1996.
Financial Considerations
N/A
Legal Considerations
Filling this vacancy will fulfill the Charter requirements of seven members for the Parks and Recreation Board.
Board/Commission Recommendation
N/A
Staff Recommendation
N/A
Attachment
Board and Commission Application submitted by Mr. Ayre
_tAiPIL64fie) -DUI CSC
Prepared City Manager Approval
City of Wylie FULL NAME: Terry �Z Z. Ayr
/e—
Board & Commission Application HOME ADDRESS: 5 1l 15 cl f'�7 CJG-/,-
PLEASE PRINT OR TYPE.RETURN COMPLETED CITY,STATE,ZIP: W(!I i' TTK- .7 5C cI�f
APPLICATION,BEFORE JUNE 15,TO: J
City Secretary's Office BUSINESS ADDRESS: l 1 050 ,4b/e.s L.C2-
2000 Hwy. 78 North CITY,STATE,ZIP: Da llc(s TX I -15 Z?.9
Wylie, Texas 75098
HOME PHONE: 44 Z Z I Z BUS.PHONE: !� '4 -88•'
Board or Commission
(indicate first, second, and third choice) RESIDENT OF WYLIE FOR 3 / Z, YEARS
U Planning and Zoning Board PLEASE LIST ANY SPECIAL SKILLS OR QUALIFICATIONS:NTC
3� Ei Zoning Board of Adjustments Consfrcic f-,'or-)
`"l ! yrs. EX r/cc,n ce F'n9/.1/2ee' / p
❑ Library Board rcchn/C/7
WHY DO YOU DESIRE TO SERVE ON THESE BOARDS?: WOC/7c7
U Ambulance Authority Board
L/'ke , ,Become it vo/Yea/ fig hem
❑ Development Corporation of Wylie Mctke 14/yI�e Q be - solace -o
1 sf A Construction Code Board / A, /4 95r,
zni Nis Parks and Recreation Board SIGN RE DATE