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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. — / S•-a. 3907+30+ = M.P. 7 2a3./074. in Ci .9 Z ti • + I. N re m CD a �0°'1‹. 4 c '� M0 0 -1. M •m x0 O N �D N '�j� c JO co (Vco N 0 to/ a. �, N • c _\� ` Ox I J J S37't �� x9`0 Q -i I in—- -L.___ a - +)I -9 t• M — i N o.9a 1I R.W.31-65 0 -- ?e ... -- -- ---- • CO 1- c?/••.F. to • tiam h TO PAR IS — - I / -F—TO ZACHA JCT. oo= \ ?mc M• o Ito mo / .- . N /J v 1 N / a i co N __ N REVISIONS EXHIBIT "A" N THE KANSAS CITY SOUTHERN RY. CO. ( N \ Proposed Un4er5r'w,d N /2 ire% Pofo6/e A/veer Pipe Line, C.-e'sing 41'4l%/e Pos, 7-2O3./0t \ NN ii7 k/r/ie, Texas. . DRAWN BY DATE VAL.SEC. SHEET N2 it.L.i/. //-7-95 / OF / TEkEFh CHECKED BY SCALE FILE DRAWING • ,ZlR�i . 1 400' 99'7-93 i 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� • �9>, er ---.\ ^ /Z tv.,zET N 00'00'00' E—_183.79' /g IA nip_O , P.P. i \ f4" `4 NI yes` I �� 9 CD -I / 27,322 SQ. FT. "I.mod. 1< . 6 7 I 8 \� b sroi 1NSC(TTPJ sit'1 PP.b OIL�C•PP. I I `�B� �Q O 1 I I x s CP J W 1/2 20 9 0.0'00'00' A 285.71' ALLEY1/E• LR rrm. El---- N 0tT00'00" E 281.73' cr.r. �00. 1/Y a.sir- I ———T- --Yl,Y LA scr I p;ONC. I I I or sAsw •O 1 Vo '�J 'P' ImNt \ ", 41,190 SQ. FT. k: 5 4I 3 iII 2 IIj 1 �•�� bolP.P.P. 1/z ER.sEr• \ 'y \ 0 i o \ m \ , 6. ,l rP rLA .l_-- ---- ---- .'� -. _+.. ..mcy-— - -._ —J P. OVKUEA y ELf.'aUC S 03'00'00 � _ 35 .00'r_ PACP. OYERMAD ELECTRIC fP. rK Nin. 9Lr \ if_CP., 7 FOURTH STREET (70' R.O.W.) ♦ru wrww, 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 1:11 _I L.._.._.._..Jaul..____.._..J� L.._.._.., \, '�__.._..—.._.._..—.._..— _..J L_.._.._.. _ L .._.. L.._.._.._.._.J L.._..—'— _.._.._.._.._.._.. ... 1 Street `. • Jackson tree .J L ._._.._..J'--Fl ._ _. _ .J(IL. ._..J 1 L..� ` ''\'y'`. '\ ._.._. _.._..J gL _.._.._.._..1 o L.. _ _ J L ._ ._. _.._..J =L. _.J' ii ! .. - ._. —.._. _ _..7 L. _ ._.._.._ o-T - o —.._.._..r r'— � it • • f \ \ i ice! i z i L.._..___.._..J 0 _..JI i II I I 1 .. Ballard Avenue Avenuerd I i , \ \ ., \ I I I I rill I f ! • I • m = rn: I J I I \ \ \ 1 I "I I m 1 I _.__. L. _.._.._..First.. Street L..._.._.._..jL.._.:1 `, Street- First First Street _.._.._.._.._.._.._.._.._.._.._.._.._.._.._..� I I '.\ \. I I I I 1 I j L_.._.. I I S1\ I I 1 I _.. 1=j i t I I !j \ O \. `�• I I Second Sfreef ._ . l_..��N \.. �\, ._.._.._..J I --- --...-- --..--...-- - ---i i Second Street 3i \ Secon Street J .._.._.._..�! 1 0 ! I r.. \ ._.._.._.._..I -' — —' — i Third ._ . ml I! I i i t j• I `.�p \\ _ - I J L.. • j•'L_.._.._.._..J L..J a L.._..J L.._.._. J IL..L. �-. '\ \ Third Street cp`-.\ 0'.,\ \ !I I i 11 I \\ • I I I I r.._.._.. Fourth -StreeT.._.._.. \. \'\, \\ CD _::_::_::-::_::_::-::-::-::-::-::-::-::=::-::--, Fourth Street 7.._.._.._..7 c _.._.._.._.. \. "53\ Fourth Street r..� CD r —1 r.._.._..7 O r .._.._.._..� J ! !i i i ii i�L i \ _• \ \ i L.._.._.._..J' .._.._.._.._.. Hillto -L ne I I I I -:-- r.._.._.._.._..J i_ ' \ J • i II j j Ij j j i L._, \ \ i \ _.._.._.._.._.._.._.._.._.._.._.._.._.._._..J L.._.._.._..J L..J L..J L.._.._..J L_.._.._.._.._..J L. _.._..� '•\ \�...J !_._. _. _. _. _.• Fifth Street j 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( • • FP Wigton Sow fk& : ckt ".. ..,r..p... - .. __ 1 �'{ ..4w M9.1 Aar.NowewW�t ^.. ' .i a . cnnc tas Asr rJ drygot:. .' I� '�hl�ij.I _ I�. 4u® f_ �x I n w �10,411,itvi,,,,li '� Aloa*MI la�. I :u �� a !"i6Il� 1'iIr • b ti��ra y4 kp il4 I ' „u froK.,b,., 544 CORRIDOR q� k 9e �.W F�,/ Q 4 JJ '' 4, 11i J ,i f{ 14 •�j,,r4j 1, i nY0 Ac.v. fr..c,a Oat.,vN1 Q� OrI Or"7 7! ' �/f �I I qi Y 117 I,? �� 1' .I 19L10 K.v, Oi S.. • /1 6d �� ryry $ i.J I © ,:•11da host L Mt tM... I S• Il . M'i Ow1otM fn0i, '✓/ + 116 t r�l�� 1 j� I.�11 ,1 ei 3xd.Acre , LanMut T.co.1,m %.000110 • - a .t 97.90 Act** /,1 1� l.` ��a. 9 K7b'1Abhf �� �ub' •'>:•3..�i'y�". ' b - ". fnrc„lath •'•' Li.dAn T Cirl,m, .{ Y7 !- :y to ' ,��� •`,.4 of,.Aq• , E'IAlhr to 4!" ,' _— •`"" !° I n'es'"`' J D"*Mary sw�f ' "{,►,}�'« le lL.vooa 20'Wlfar x i 39.9 ACsaar ..^ I 1 . N 1 ii 13 1 I NEEDS WATER SERVICE ' ,r I I NEEDS SEWER SERVICE {�!1 NEEDS WATER & SEWER ...wk... ; MA.= 1I ,'�wCFf '. ' f-? t y , _ll I I NEEDS NO ADDITIONAL SERVICE i t LrJ ^ t 1. r.rtr a,..� awr•1 ire. ��.,��.,, I 77: IA1 Ire,K x,U I uH Ac i �l I'i�i 1.1 rrl i ,... I 4 :wl h. 1 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