03-22-2005 (City Council) Agenda Packet NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
MARCH 22, 2005
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
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INVOCATION &:P EDG 'O <:
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• Pledge of Allegiance will be led by Boy Scout Troop #442
• Student Government Day—March 23, 2005
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A. Approval of the Minutes from the regular City Council Meeting of March 3, 2005 and March 8,2005.
(C. Ehrlich, City Secretary)
B. Consider and act upon a Water CNN Transfer Agreement between Wylie Northeast Water Supply
Corporation and City of Wylie, Texas. (M.Roath, City Manager)
C. Consider and act upon an Interlocal Agreement to place antennas on water towers by and between
the City of Wylie, Texas and East Fork Special Utility District. (M. Roath, City Manager/S. Seddig,
Fire Marshal)
D. Consider and act upon approval of a Consent to Sublease Agreement between Bozeman Farm
Development, East Fork Special Utility District and the City of Wylie, Texas. (M. Roath, City
Manager/S. Seddig, Fire Marshal)
E. Consider and act upon approval of an agreement between Collin County Community College District
and the City of Wylie to hold a one day training session for City employees on April 8, 2005. (C.
Ehrlich, City Secretary)
F. Consider and act upon approval of an agreement between the City of Wylie and the Dallas Morning
News for a 12 month period for the purpose of advertising. (C. Ehrlich, City Secretary)
G. Consider and act upon awarding of bid to A New Deal Irrigation for the installation of irrigation
systems in Sage Creek North Park and Cimarron Estates Park in the amount of $51,200.00. (J.
Holcomb,Purchasing/R. Diaz,Asst. Superintendent,Parks)
H. Consideration and act upon approval of a request from Jason Ridings to use the Bart Peddicord
Community Center for a "Battle of the Bands" concert on April 1, 2005. (R. Diaz, Asst
Superintendent,Parks)
TNDI WUA,L CON IDERATJ N .... ` .....
PUBLIC HEARING
1. Hold a Public Hearing and consider and act upon a change of zoning from Agriculture(A)to Planned
Development (PD) for Single Family Residential (SF). (Zoning Case No. 2005-04-Rice
Tract/Skorburg). (C. Thompson,Planning and Zoning Director)
Executive Summary
The property totals 185.1449 acres, west of FM 544/South Stone Road and north of Vinson Road. The property was
annexed into Wylie on September 28, 2005. Notification/Responses—No responses from five(5)notifications mailed.
Comprehensive Plan—
• Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential
(1 ac lots). Requested residential density does not comply with the Comprehensive Plan.
• Eliminates 0.4 ac NS (zoned such since 1985), complying with proposed revisions to Comp
Plan.
The Planning and Zoning Commission voted 6-1 to recommend approval of the requested rezoning, with the stipulation
that the minimum house size be increased to 2,400 square feet. Approval requires a simple majority.
PUBLIC HEARING
2. Hold a Public Hearing and consider and act upon an Ordinance adopting Standards of Care for
Youth Programs. (R Diaz,Asst. Superintendent,Parks)
Executive Summary
Since the inception of the summer youth programs in 2000,the Standards of Care have been reviewed yearly and adopted
as an ordinance. The ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer
youth program,the Wylie Wave, as legislated by the Texas Senate Bill 212, Section 42.041 (b)(14).
3. Consider and act upon an Ordinance repealing Ordinance Nos. 77-5 and 95-8; regulating and
defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and persons selling or
taking orders for goods, wares, merchandise, services, photographs, newspapers, magazines or
subscriptions to newspapers or magazines; providing for a permit or certificate of registration and
applicable fees. (J.Butters, Chief of Police)
Executive Summary
The proposed Handbill/Solicitation Ordinance addresses several issues that the current "Peddlers and Solicitors" and
"Handbills" ordinances do not adequately address. These Ordinances were also combined because of the relationship
between the two.
4. Consider and act upon an Ordinance establishing a Citizens Bond Advisory Committee; providing
for the scope and authority of the Committee; providing for the appointment of its members; and
providing for an effective date. (M.Roath, City Manager)
Executive Summary
City Council has directed staff to prepare and submit an ordinance establishing a Citizens Bond Advisory Committee
(CBAC)and outlining the responsibilities of the Committee. The CBAC will develop a Bond Program and submit it along
with its recommendations to the City Council by no later than June 21,2005.
5. Consider and act upon an agreement between the City of Wylie and Abernathy, Roeder, Boyd and
Joplin,P.C. , for legal services. (M. Roath, City Manager)
Executive Summary
At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council, and subsequently the City
Council voted to retain the Firm to serve as its City Attorney. The City approved a Retainer Agreement with the Firm on
October 25, 1994.
With our increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal Services with
the Firm, which addresses the position, term, services to be performed, compensation, billing, termination, independent
contractor status,and City property.
6. Consider and act upon award of a contract for the construction of Alanis Drive from SH 78 to
Ballard Avenue to Site Concrete in the amount of$3,863,384.66. (C. Hoisted, City Engineer)
Executive Summary
The City of Wylie 1999 Bond program included$3,700,000.00 for the reconstruction of Alanis Drive from SH 78 to South
Ballard Avenue in accordance with the City's Thoroughfare Plan. Right of way for the project has been acquired or right
of entry has been obtained for all parcels. The construction includes expansion of the roadway to 3-lanes of concrete, a
bridge over Muddy Creek, a 12-inch water line, and a signal at the new intersection of Alanis and SH 78. To date
approximately$817,000 has been spent on the project for design and right-of-way acquisition. Funding for the project will
be from the 1999 bond funds and water impact fee funds will be used for the installation of the 12-inch water line.
7. Consider and act upon the naming of Cimarron Park to Eureka Park and Sage Creek North Park to
Riverway Park. (R. Diaz,Asst Superintendent,Parks)
Executive Summary
Staff has been working with the Parks and Recreation Board since the end of 2004 on a list of potential names for
Cimarron Park and Sage Creek North Park. From directives given by the Parks and Recreation Board, staff pursued
working with the staff from the elementary schools in the vicinity of the parks to get input from the children on the name
they would like for the parks. Prior to the February 28, 2005 Parks and Recreation Board meeting, the students of Akin
Elementary (Mighty Diggers Club) submitted Eureka Park and the students from Groves Elementary (2°d, 3rd, 4th grades)
submitted Riverway Park.
8. Consider and act upon appointment of a new member of the Planning and Zoning Commission to
replace Chris Seely for the unexpired term of July 2004 to July 2006. (C. Thompson, Planning and
Zoning Director)
Executive Summary
Chris Seely was reappointed to the Planning and Zoning Commission for a two (2) year term expiring July 2006. Mr.
Seely, who has served on the Commission since 2003,has recently accepted a position with an engineering firm. In order
to avoid any potential conflict of interest,Mr. Seely has expressed his desire to resign immediately from the Commission.
XEC TIVI SESSION
Recess into Closed Session in compliance with Section 551.001, eLseq.,Texas Government Code,to wit:
Section 551.071-Consultation with Attorney regarding a matter in which the duty of the City Attorney of
the Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings Act.
• Nielson V City of Wylie
Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located
at or in the vicinity of:
• Alanis Drive
Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located
at or in the vicinity of:
• Ballard Avenue
Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally located
at or in the vicinity of:
• Brown and W.A. Allen
RECO ENE NTO O "EN:SE O t:
Take any action as a result of Executive Session
In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open
meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this 18th day of March,2005 at 5:00 p.m. as required by law in accordance
with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda
is al sted to he City of Wylie,Website at www.ci.wylie.tx.us
ar le Ehrlich,City cretary Date Notice Removed
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be
requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170.
CITY OF WYLIE Item No. 5
Ciry Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: City Manager
Prepared By: Mark B. Roath
Account Code No. #: Date Prepared: March 10, 2005
Budgeted Amount: $102,000.00 Exhibits: Two w/Exhibit"A"
AGENDA SUBJECT: Consider and act upon an agreement between the City of Wylie, Texas and Abernathy,
Roeder, Boyd and Joplin, P.C., for legal services.
RECOMMENDED ACTION: Approve.
SUMMARY:
In 1994, the City sought and the law firm of Abernathy, Roeder, Boyd and Joplin, P.C. responded to a request for
legal services. At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council,
and subsequently the City Council voted to retain the Firm to serve as its City Attorney. The City approved a
Retainer Agreement with the Firm on October 25, 1994 (See Letter dated October 11, 2004).
With our increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal
Services with the Firm, which addresses the position, term, services to be performed, compensation, billing,
termination, independent contractor status, and City property (See Agreement for Legal Services including
Exhibit "A"). This proposed Agreement distinguishes between routine legal services and litigation services.
This proposed Agreement sets forth the status of the Firm, and the attorney assigned as City Attorney, which is as
an independent contractor. This proposed Agreement clarifies what is considered City property, which heretofore
has not been addressed. In addition, this proposed Agreement sets forth quarterly reporting by the City Attorney
to the City Council as well as sets forth certain benchmark service standards for the City Attorney, such as
telephone calls shall be returned within 24 hours, telephone inquiries shall be answered within 3 business days,
and written documents shall be produced within 7 business days, or within a mutually agreed upon time, etc.
This proposed Agreement, if adopted, would set forth the entire understanding between the City and the Firm
relating to the employment of the Firm by the City.
APPROVED BY: Initial Date
Department Director: \
City Manager: MBR \ 3/18/05
NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
April 12, 2005
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
•
CALL T 3 O DE
N VOCATION 4 PLEDGE OF ALL EOIAN C E
•P OcI A ATIONS €AND PRESENT,A.TIONS
CIT N PART1 IPA'TI(IN
CONSENT AA.GE nA
t �€s listed der tl Cvrisen Agenda are eo deretl to be routine by the City Couiictl and wiN le e tacted ley a
t€ 'T w�1 riot sedate discussion o£these items. If discussion'is desiared, that:ite n will lie remove from:the
;Coi ttt;t ench and ll onsider d separately
A. Approval of the Minutes from the regular City Council Meeting of March 22, 2005 and Special
Called Meeting of March 29, 2005. (C. Ehrlich, City Secretary)
B. Consider and Place on File Comcast 2005 FCC Forms1240 and 1205. (M. Roath, City Manager)
C. Consider, Approve and Place on File the 2005 Public Utilities Commission of Texas Adjustment to
Municipal Telecommunications Right-of-Way Access Line Rates for Wylie, Texas. (M. Roath, City
Manager)
D. Consider and act upon approval of an Ordinance amending the Manuals for the Design of Storm
Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard
Construction Details. C. Holsted, Engineering)
E. Consider and act upon authorizing the Mayor to execute a Letter of Agreement in the amount of
$105,900.00 with the Hogan Corporation for engineering services for the Twin Lake Outfall Sewer.
(C.Holsted, City Engineer)
F. Consider and act upon authorizing the Mayor to execute an amendment to Work Order No. Wyl-32
in the amount of$14,800.00 to add the design of a 16-inch water line to the Ballard Avenue paving
project. (C.Holsted, City Engineer)
G. Consider and act upon authorizing the Mayor to execute a contract with A New Deal Irrigation, Inc.
for irrigation systems in Sage Creek North Park (Riverway Park) and Cimarron Estates Park
(Eureka Park). (J. Holcomb,Purchasing/R. Diaz,Asst. Superintendent, Parks)
H. Consider and act upon authorizing the Mayor to execute a contract, in an amount not to exceed
$3,000.00, with Kleinfelder, a geotechnical firm, for geotechnical engineering services related to the
construction of two pedestrian bridges in Riverway Park. (M. Sferra,Public Services Director)
I. Consider and act upon a Preliminary Plat for the Cooper Retail Addition. (C. Thompson, Planning
and Zoning Director)
J. Consider and act upon a Re-plat for Lot 6 of the Regency Business Park Addition, Phase Two. (C.
Thompson,Planning and Zoning Director)
K. Consider and act upon a Final Plat for the Ambers Cove Addition. (C. Thompson, Planning and
Zoning Director)
INOMOVAL B S I I A T IE N
PUBLIC HEARINGS
1. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Single Family
Residential (SF-10/19) District. (Zoning Case No. 2005-06) (C. Thompson, Planning and Zoning
Director)
Executive Summary
This property totals 63.76 acres and abuts 8,500 sq. ft. lots of the Cimarron Estates on its west and unincorporated rural
acreage development to its north, east and south. The proposal is for 10,000 sq. ft. lots, complying with the standard
regulations of the Zoning Ordinance. The request complies with the recommendations of the Comprehensive Plan for
Suburban Residential,and P&Z recommends approval. 191 written comments were received favoring the request,and the
affirmative vote of a simple majority of the Council is required for approval.
2. Hold a Public Hearing and act upon a change of zoning from Corridor Commercial (CC)to Planned
Development (PD) District for commercial uses and to allow coordinated signage. (Zoning Case
No.2005-07) (C. Thompson,Planning and Zoning Director)
Executive Summary
The reconfiguration of the lot pattern and extension of Cooper Drive to SH78 (preliminary plat on the current Consent
agenda), creates a 4-lot complex on this property already zoned to allow commercial uses. The PD will provide a
coordinated and shared sign program for all lots which is not allowed by the current Sign Regulations. The initial
development is the Baylor Health clinic, the visibility of which from SH 78 will be impaired without this sign plan. The
request complies with the recommendations of the Comprehensive Plan, and P&Z recommend approval. One written
comment was received favoring the request, and the affirmative vote of a simple majority of the Council is required for
approval.
3. Hold a Public Hearing and act upon a change of zoning from Single Family Residential (SF-8.5/17)
District to Planned Development (PD) District for residential uses. ZC 2005-08 (C. Thompson,
Planning and Zoning Director)
Executive Summary
The proposal is to develop the subject 4.5 acres as a planned community. following neotraditional design concepts. The
property is land-locked and surrounded by development, accessible only from Thomas Street. The plan will provide 20
lots of at least 5,100 sq. ft. each,which does not comply with the Comprehensive Plan. Minimum house size is to be 1,400
sq. ft., with 50%of the dwellings being 1,800 sq. ft. or larger. The private street and central open space amenity will be
maintained by the HOA. The PD conditions generally comply with the standard regulations of the Zoning Ordinance
except for the definition of"masonry". Because written opposition representing owners of more than 20%of the property
within the legal notification area has been received, the affirmative vote of 75% of the Council will be required for
approval."
4. Consider and act upon approval of a Resolution recommending federal demonstration funds be
reallocated to add additional lanes to SH 78. (G Holsted, City Engineer)
Executive Summary
On March 10, 2005, the City of Wylie, City of Sachse, City of Garland, Collin County and Dallas County met with
representatives of the Texas Department of Transportation (TxDOT) to discuss the need to add capacity to SH 78 in the
form of two additional lanes. The existing 4-lanes in the City of Wylie have the capacity for the current traffic volumes;
however, with the projected development at SH 78 and SH 205 and retail development at SH 78 and SH 190, additional
capacity will be needed to accommodate the future volumes. Approximately 3.92 miles are located within the City of
Wylie and TxDOT estimates the construction to cost between$1-$1.5 million per mile or$3.92-$5.88 million.
5. Consider and act upon approval of mid-year budget amendments. (Ron. Hutchison, Interim Finance
Director)
Executive Summary
6. Consider and act upon a Resolution creating the position of Children's Librarian, abolishing the
position of Children's Programming Coordinator and providing an effective date. (L. Fagerstrom,
Human Resources Manager)
Executive Summary
The Children's Programming Coordinator resigned effective January 25. 2005. Staff recommends upgrading this position
to Children's Librarian. Many of the duties performed by the children's programming clerk are professional duties. This
position's duties include planning and implementing Summer Reading Club, scheduling all programming, promoting
programs to schools, developing the children's collection, and performing at least two story times a week. A librarian is
needed to plan these programs and ensure that patron informational and developmental needs are being met. Upgrading
this position to Children's Librarian will allow for expansion of this department. Staff will be added in this department in
the future to handle patron demand.
7. Consider and act upon the ratification of the Citizen Bond Advisory Committee members and
appointment of Chair and Vice-Chair. (M. Roath, City Manager)
Executive Summary
On March 22, 2005, the City Council approved the establishment of a Citizens Bond Advisory Committee. The proposed
entire Committee member list is attached for ratification by the City Council. In addition, Section 1 of the adopted
Ordinance establishing the Committee calls for the City Council to appoint the Chair and Vice-Chair to lead the Citizens
Bond Advisory Committee. Therefore, we ask that the City Council select and name two (2) individuals for these
respective positions as well.
8. Consider and act upon an agreement between the City of Wylie and Abernathy, Roeder, Boyd and
Joplin,P.C. , for legal services. (M.Roath, City Manager)
Executive Summary
At a meeting on September 27, 1994,the Firm made its presentation to the Wylie City Council, and subsequently the City
Council voted to retain the Firm to serve as its City Attorney. The City approved a Retainer Agreement with the Finn on
October 25, 1994.
With our increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal Services with
the Firm, which addresses the position, term, services to be performed, compensation, billing, termination, independent
contractor status,and City property.
tYA k (JI OI I S I E & CAI'I I :N A•
PPROVED BY CO NCIL S RE I3Y
WY II . T3 et ARTER,ART:1Ctt III,SEC ION 13_D
In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open
meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
I certify that this Notice of Meeting was posted on this 8th day of April,2005 at 5:00 p.m. as required by law in accordance with
Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is
also posted to the City of Wylie Website at www.ci.wylie.tx.us
Carole Ehrlich,City Secretary Date Notice Removed
The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be
requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170.
Law Offices of
ABERNATHY, ROEDER, ROBERTSON &JOPLIN
J.E.Abernathy A Professional Corporation 214/542-2661
Richard M.Abernathy' 101 East Davis Street Dallas 562-9003
Larry R.Boyd P.O. Box 1210 FAX
Joe M.Joplin° McKinney, Texas 75069-1210 214/562-0202
Rick Robertson`
Robert H. Roeder°
D. Kay Woods
'Board Certified-Family Law 'Board Certified-Civil Trial Law
Texas Board of Legal Specialization Texas Board of Legal Specialization
°Qualified Mediator
October 11, 1994
Mr. Steve Norwood
City Manager
P.O. Box 428
Wylie, Texas 75098
RE: Abernathy, Roeder, Robertson & Joplin, P.C. 's
representation of the City of Wylie, Texas
Dear Mr. Norwood:
This firm appreciates the opportunity to represent the City
of Wylie, Texas in its legal matters.
This Retainer Agreement sets forth the agreement between
Abernathy, Roeder, Robertson & Joplin, a Professional
Corporation, and the City of Wylie, Texas in any legal matter it
deems appropriate.
Our fee is based upon the amount of time we devote to
matters referred to us. It is impossible to determine in advance
the amount of time necessary to complete any assigned matter. It
may be necessary to have other professionals in this office
perform services on your behalf other than the specific attorney
you have retained. We will use our best judgment to determine
the most economical use of our attorneys and staff personnel.
Billed time includes all time spent on any matters assigned
including conferences, telephone calls, investigation, drafting
of documents, correspondence, negotiations, legal research, and
travel to and from locations away from our office. We charge for
telephone time because many times an attorney can accomplish as
much in your behalf by telephone as in a face-to-face meeting
with you or others. The use of the telephone saves your personal
time and that of your attorney and results in a lower cost to
you. Any figures we quote you for the total cost of our services
are merely estimates. Others may engage in activities beyond our
Mr. Steve Norwood
October 11, 1994
Page 2
control requiring us to expend additional time not originally
contemplated.
You will receive itemized bills which will be sent on a
regular periodic basis based upon hourly rates presently ranging
as follows:
1. Richard M. Abernathy, attorney $150. 00
2 . Robert H. Roeder, attorney $150. 00
3 . Larry R. Boyd, attorney $150. 00
4. Joe M. Joplin, attorney $150. 00
5. Kay Woods, attorney $110. 00
6. Heidi Ernsberger, legal assistant $ 50.00
7. Sharon Starnes, legal assistant $ 50. 00
8. Linda Williams, legal assistant $ 50. 00
9. Wendy Hill, legal assistant $ 50. 00
Time is billed in units of one-tenth hour each. From time
to time our firm is required to adjust its hourly rates to more
accurately reflect changing economic circumstances. If this
occurs, you will be notified.
In addition, you will be responsible for all costs which we
may incur on your behalf. These costs include, but are not
limited to, copy and telephone expenses.
The periodic bill which we will mail, usually monthly,
itemizes the time and costs charged to your account for that
period. If you have any questions regarding the statement, you
should feel free to contact Mrs. Becky Wood or Mr. Charley Wysong
in our billing department. All balances on your account are due
upon receipt. If you do not timely pay your account we have the
right, at our discretion, to withdraw from representing the City.
We also have the right, at our discretion, to withdraw from
representation if you have misrepresented or failed to disclose
material facts to us, if you fail to follow our advice or if for
any reason our relationship becomes unworkable. Likewise, you
may discharge us at any time for any reason. You will be
responsible for any fee and cost incurred prior to our withdrawal
or discharge, including time and costs expended to turn over the
file(s) and other information to you or substitute counsel.
We may require you at our discretion to pay an additional
retainer(s) or provide other security for our fee.
This Agreement contains all of the terms of our financial
arrangement with you and can only be modified by a written
document signed by all parties except for any hourly rate
adjustment as set out above.
Mr. Steve Norwood
October 10, 1994
Page 3
V�YSIGNED this day of 1994 .
THE CITY OF WYLIE, TEXAS ABERNATHY, ROEDER,
ROBER ON & JO LIN, P.C.
By:
Its.
RI HARD M. ABERNATHY,
for the Corporation
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT FOR LEGAL SERVICES, hereinafter referred to as the
"Agreement," is made and entered into this 22nd day of March, 2005, by and between the
City of Wylie, Texas, hereinafter referred to as the"City" and the firm of Abernathy, Roeder,
Boyd and Joplin, P.C., hereinafter referred to as the "City Attorney" or the "Firm."
Recitals
A. The City is a political subdivision of the State of Texas, and maintains its principal
place of operations at the 2000 Highway 78 North, Wylie, Texas, 75098.
B. The Firm is a professional service corporation organized and existing under the laws of
the State of Texas, and has its principal place of business and office at 1700 Redbud
Boulevard, Suite 300, McKinney, Texas, 75070.
C. The City sought a qualified and experienced legal counsel to represent the City and its
officers and officials in matters relating to the City's official business in 1994.
D. The Firm responded to the City request for said legal services.
E. At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City
Council, and subsequently the City Council voted to retain the Firm to serve as its City
Attorney.
F. The City approved a Retainer Agreement with the Firm on October 25, 1994.
THEREFORE, in consideration of the premises and mutual covenants expressed
herein and pursuant to the employment relationship between the parties, and for other good
and valuable consideration,the receipt and adequacy of which is hereby acknowledged by the
parties, the parties agree as follows:
1. Recitals:
The recitals outlined above are true and correct and are incorporated into and made a
part of this Agreement.
2. Position.
The City hereby employs, engages and hires the Firm to serve as and to perform the
duties and responsibilities of City Attorney pursuant to the Charter of the City of Wylie
and the general laws of the State of Texas.
3. Term.
The term of this Agreement shall commence upon execution of this Agreement, and
shall, at the pleasure of the City Council, continue in effect unless terminated by either
party by giving ninety (90) days written notice.
4. Services to be Performed.
A. General. The Firm shall serve as the City Attorney who shall act as legal
advisor to, and Attorney and counselor for, the City and all of its officers in
matters relating to their official duties. All of the resources of Abernathy,
Roeder, Boyd and Joplin, P.C., law firm will be available to support that role.
Specifically, the City Attorney will have the assistance, when necessary, of
other members of the firm, secretarial staff, paralegals, law research and word
processing equipment. It is expected that the City Attorney will provide such
duties required pursuant to the Charter of the City of Wylie and the general laws
of the State of Texas.
B. Routine Legal Services: The routine legal services to be provided on a
recurring basis shall include the following:
1. Preparation for and attendance at all regular, special meetings or work
sessions of the City Council when requested by the City Council or City
Manager.
3. Preparation for and attendance at any City Committee, Board, or other
meeting when requested by the City Council or City Manager.
4. Consultation with the City Council members, City Manager, or City
Secretary regarding the Council agenda or other City matters.
5. Consultation with staff of various departments and divisions of the City
on matters affecting their operations.
6. Draft or review of all ordinances and resolutions of the City.
7. Draft or review of all contracts, leases, franchises, agreements and
documents of a strategic or operational nature involving the City.
8. Review of all claims made against the City to determine potential liability
and to advise appropriate officials of the City as to the proper method for
the disposition thereof.
9. The rendering of advice concerning the potential claims of the City
against other persons or entities.
10. Draft or review of all proposed code amendments.
2
11. Coordinate and oversee research and legal functions even when
associated with outside counsel and provide liaison from the City to
outside counsel, including approving billing negotiations and fees.
12. Conduct internal workshops as requested.
13. Render personnel advice.
14. The City Attorney shall advise the City Council as to its compliance or
noncompliance with the provisions of the Charter of the City of Wylie and
Texas Statutes.
15. The City Attorney shall provide quarterly reports due the 15th day of
January, April, July and October. Each report shall include the previous
three months of activities.
C. Litigation Leqal Services. The "Litigation Legal Services" which are to be
provided by the Firm to the City include, but are not limited to:
a. Serving as counsel for the City in any and all legal actions, including, but
not limited to, civil lawsuits, administrative hearings, mediation or
arbitration proceedings in which the City is a party or in which it has an
interest;
b. Serving as counsel for the City in the appeal of any legal action in which
the City is a party or in which it has an interest;
c. Acting as counsel for the City in any employee grievance proceedings;
d. Serving as counsel for the City in any administrative proceedings;
e. Investigating and responding to charges filed against the City with the
EEOC;
f. Investigating complaints of employment discrimination against the City;
g. Representing the City in eminent domain proceedings, including
negotiations, mediation and arbitration.
h. Representing the City in condemnation proceedings.
D. Request for Information or Advice. The City Attorney shall answer all City
initiated requests for information or advice in a timely fashion. Generally,
telephone calls shall be returned within 24 hours, telephone inquiries shall be
answered within 3 business days, and written documents shall be produced
within 7 business days, or within a mutually agreed upon time frame. The City
Attorney shall use his best efforts to review routine items within 5 business
days, more difficult and lengthy review shall be accomplished within a mutually
agreed upon time frame.
3
5. Compensation.
The City shall pay the Firm the following compensation for the various types of legal
services provided by the Firm:
a. Routine Legal Services at an annual retainer of$102,000.00 to be paid
in four equal installments, by March 31, June 30, September 30, and
December 31. The amount of the annual retainer set forth in this
Agreement may be reviewed and renegotiated, at the City's or City
Attorney's discretion, in June of each year this Agreement is in effect;
provided, that any change in amount will not take effect until October 1
of said year.
b. Litigation Services at the rate of$200.00 per hour for partners, $185.00
per hour for associates, and $75.00 per hour for legal assistants.
c. The City acknowledges that the City Attorney may incur various
expenses in providing services to the City and agrees to reimburse City
Attorney for such out of pocket expenses whether for routine or litigation
services. The Firm will bill the City on a monthly basis. Such costs and
expenses include, but are not limited to, charges for serving and filing
papers, documents, depositions, transcripts, investigations, appraisals,
witnesses, long distance telephone calls, copying materials, computer
assisted legal research, travel expenses, and postage. Extraordinary
items, such as expert witness fees, travel expenses or expenses above
Five Hundred Dollars ($500.00)will be authorized by the City before the
charge is incurred. Attached as Exhibit "A" are the costs of some of
these expenses and fees.
6. Billing.
The Firm will submit an itemized statement to the City for each month for Litigation
Services and Expenses and payment shall be due upon receipt. The statement for
March 1, June 1, September 1 and December 1 shall include one quarter of the annual
retainer and shall be due by the end of each month.
7. Controlling Law.
This Agreement and the validity, execution, construction, interpretation, performance
and enforcement thereof shall be governed by the substantive and procedural laws of
the State of Texas.
8. Termination.
This Agreement may be terminated by a majority vote of the entire City Council by
giving the Firm ninety (90) days written notice; the parties may terminate it by mutual
consent; and the Firm may void it by giving the City ninety (90) days written notice.
4
9. Independent Contractor.
It is agreed that the City Attorney is an independent contractor, and all persons working
for or under the direction of the City Attorney, are agent's, servants and employees of
the Firm, and said persons shall not be deemed agents, servants or employees of the
City.
10. Severability.
The invalidity or partial invalidity of any portion of this Agreement will not affect the
validity of any other provision. In the event that any provision of this Agreement is held
to be invalid, the remaining provisions shall be deemed to be in full force and effect as
if they had been executed by both parties subsequent to the expungement or judicial
modification of the invalid provision.
11. Integration.
The Agreement sets forth and establishes the entire understanding between the City
and the Firm relating to the employment of the Firm by the City. Any prior discussions
or representations by or between the parties are merged into and rendered null and
void by the Agreement. No amendment or modification of this Agreement shall be
valid or effective unless it is in writing and properly executed by all parties thereto.
12. Notice.
Any notice required or permitted under this Agreement shall be sent by certified mail to
(a) the City at its principal place of operations and (b)to the Firm at its principal place
of business and office.
13. Annual Evaluation.
The City Council shall have the right to conduct an annual evaluation of the
performance of the City Attorney.
14. City Property.
The Firm agrees that all files, documents, correspondence, notes, reports, data,
specifications, drawings and other material prepared by or furnished to the City
Attorney in connection with this Agreement hereunder shall be and remain the
exclusive property of the City. Said property of the City of Wylie shall be turned over
promptly upon request after resolution of all compensation issues.
5
IN WITNESS WHEREOF, the parties executed this Agreement in Collin County,Texas
this 22nd day of March, 2005.
CITY OF WYLIE, TEXAS
John Mondy, Mayor
ATTEST:
By:
Carole Ehrlich, City Secretary
ABERNATHY, ROEDER, BOYD & JOPLIN, P.C.
Richard Abernathy
6
EXHIBIT "A" TO AGREEMENT FOR LEGAL SERVICES
LIST OF COSTS
Long Distance Telephone Calls (per call) $ 2.00
Copies (per page) $ 0.25
Faxes (per page sent) $ 2.00
In-House Courier (Dallas and surrounding cities) $35.00
In-House Courier (local) $10.00
Postage Going Rate as Directed by the U.S. Postal Service
Courier Mileage (per mile) $ 0.32
7
MINUTES
WYLIE CITY COUNCIL
SPECIAL CALLED MEETING
March 3, 2005
5:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie, Texas 75098
A L Tt ORDER
Mayor Pro Tern Eric Hogue called the meeting to order at 5:00 p.m. Council Members present were:
Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, and Councilman
Merrill Young. Mayor John Mondy and Councilman J. C. Worley were absent.
Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City
Engineer, Chris Holsted; Interim Finance Director, Ron Hutchison; Public Information Officer, Mark
Witter,and City Secretary, Carole Ehrlich.
Councilman Newsom gave the invocation and City Manager Roath led the Pledge of Allegiance.
Mayor Pro Tern Hogue recessed into Executive Session at 5:03 p.m.
Recess into Closed Session in compliance with Section 551.001, eLseq.,Texas Government Code,
to wit:
Section 551.072. To deliberate the purchase, exchange, lease or value of real property generally
located at:
• Third and Oak Streets along S.H. 78
RECONVENE INT OPEN SES ON
Mayor Pro Tem Hogue reconvened into open session at 5:15 p.m.
Take any action as a result of Executive Session
A motion was made by Council Young, seconded by Councilwoman Allen to authorize staff to enter
into a contract to purchase property located at 301 Highway 78 North, Wylie Texas in the amount of
$131,258.00 and to authorize the City Manager to execute said contract. A vote was taken and passed
5-0 with Mayor Mondy and Councilman Worley absent.
Minutes—March 3,2005
Wylie City Council
Special Called Meeting
Page 1
MINUTES
WYLIE CITY COUNCIL
March 8, 2005
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
CAL>l TO+( RDF R
Mayor Pro Tern Eric Hogue called the meeting to order at 6:00 p.m. Council Members present were:
Councilman Chris Trout, Councilman J. C.Worley, Councilman Earl Newsom, and Councilman Merrill
Young. Mayor John Mondy and Councilwoman Reta Allen were absent.
Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Interim
Finance Director, Ron Hutchison; Planning & Zoning Director, Claude Thompson; Public Information
Officer, Mark Witter,and City Secretary, Carole Ehrlich.
OcATI O
Councilman Newsom gave the invocation and Councilman Young led the Pledge of Allegiance.
` ` tit PARTTI CICI�A £�N
Tricia Smith residing at 610 Willow Way, Wylie, Texas (Friends of the Library member) addressed
Council stating that she would like to see Council move forward with plans for a new and expanded
library on a priority basis.
Harvey Wechsler and Dr. Arkow residing at 1331 Primrose Dr.,Wylie, Texas addressed Council stating
that they were not in favor of the proposed tax credit apartments that would be located near McCreary
and McMillan Drive near Creekside Estates Development. Dr. Arkow stated that she had spoken to the
developer and he was the person who sent the flyers. She stated that it was bad for business and for the
citizens of Wylie. She requested that staff and council provide direction regarding what avenues the
citizens have to impact this issue, once it has been zoned multi-family, to provide alternative ideas for
the land, such as senior facilities or assisted living projects.
Lou Jarocki residing at 3203 Candlebrook Drive, Wylie Texas addressed Council stating that he was
also in opposition to the proposed apartments at McCreary and McMillan. He stated he had many
concerns regarding an increase in traffic and home values.
Chad Jordan residing at 3105 Charles Ct. Wylie, Texas addressed Council in opposition to the proposed
apartments at McCreary and McMillan near Creekside Estates. He stated that he had concerns
pertaining to flyers that were left at doors regarding the development published by the developer. He
stated that the information was not clear and was not distributed properly.
Minutes—March 8,2005
Wylie City Council
Special Called Meeting
Page 1
Staff Comments
Planning and Zoning Director Thompson addressed citizens present to explain the requirements to build
the proposed apartments. He stated that this project was a planned development project that was
approved in 1999. He explained that there would be 5 acres included in the zoning for commercial.
The road will be widened and the developer will pay for some 50 feet of the Park Blvd. widening
project. The sewer infrastructure to the east is in place. It is located between two major thoroughfares
and will in the future be very close to a retail shopping center and will be within walking distance of a
school. Mr. Thompson explained that these are the areas that are taken into consideration in the state
application approval process to award tax credits, which is a financial issue not a land issue. The
applications were due to the state by the 1st of March and the staff in Austin will be compiling and
reviewing the applications and will have public hearings on the applications some time in June/July,
2005. Once the tax credits have been issued from the state, and if in fact the applicant receives tax
credits, the applicant must then come to the City for approval of a Preliminary Plat which the P & Z
Commission will review for approval and then must be considered by Council for approval. Mr.
Thompson explained that the proposed plat must be built and maintained in the future according to the
requirements of the City and will always be taxed at the multi-million dollar value of the apartment
complex.
CO ENT AGEI A
All. nattels.:liked::tinder;;the.:Consent;;Agenda<are.consi ed.to be;.rou t ':tt e:City ouncil and xy ll he
enacted by one motion: T i will not bo separate discussion of these items Tf dis ssion s;desired.th it rtem
;ill beremov€d.fi tm the::Consent:A. atid It:lie considered:: :: tel
Ag . .:.
A. Approval of the Minutes from the regular City Council Meeting of February 22, 2005.
(C. Ehrlich, City Secretary)
B. Consider and act upon a Preliminary Plat for WISD Center Addition. (C. Thompson,
Planning and Zoning Director)
Council Action
A motion was made by Councilman Worley, seconded by Councilman Young to approve the Consent
Agenda as presented. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen
absent.
• Facilities Space Needs Assessment Study (D. Brinkley, Brinkley Sargent Architects and
M. Roath, City Manager)
City Manager Roath presented some recommendations to implement the Facilities Needs Assessment
Study. These included: Direction from Council to prepare an Ordinance to be presented at the next
Council meeting establishing a Bond Committee; Direction from Council to explore alternative funding
sources for one or more of the Consultant's list of facility projects; and Direction from Council to
develop a RFP for a Master Plan for the newly acquired Trust for Public Lands property and direct staff
to prepare a Resolution for Council consideration and action declaring the City's intent to reimburse
itself from bond proceeds for certain contributions incurred prior to the bond election. Consensus of
Minutes—March 8,2005
Wylie City Council
Special Called Meeting
Page 2
Council was to direct staff to prepare an Ordinance to establish a Bond Committee asking each Wylie
Board Chairman(or Vice Chair)to serve on the Committee (8) and each Councilmember to appoint one
committee member with a total of 15 members, and direct staff to explore alternative funding sources
and develop a RFP for a Master Plan and Resolution for declaring the City's intent to reimburse itself
from bond proceeds for certain contributions.
With no further business before Council a motion was made by Councilman Newsom, seconded by
Councilman Young to adjourn the meeting at 7:00 p.m. Consensus of Council was to adjourn.
John Mondy,Mayor
ATTEST:
Carole Ehrlich,City Secretary
Minutes—March 8,2005
Wylie City Council
Special Called Meeting
Page 3
CITY OF WYLIE Item No. B
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: City Manager
Prepared By: Mark B. Roath
Account Code No. #: Date Prepared: March 7, 2005
Budgeted Amount: N/A Exhibits: 1 w/Exhibits A and B
AGENDA SUBJECT: Consider and act upon a Water CCN Transfer Agreement Between Wylie Northeast
Water Supply Corporation and City of Wylie, Texas.
RECOMMENDED ACTION: Approve.
SUMMARY: On June 24, 2003, the City Council approved Resolution No.#2003-11 (R), dealing with the
transfer of water service areas between the Wylie Northeast Water Supply Corporation and the City of Wylie.
This Agreement will complete that transfer subject to approval by the Texas Commission on Environmental
Quality ("TCEQ").
APPROVED BY: Initial Date
Department Director: \
City Manager: MBR \ 3/9/05
WATER CCN TRANSFER AGREEMENT BETWEEN
WYLIE NORTHEAST WATER SUPPLY CORPORATION
AND CITY OF WYLIE, TEXAS
This Water CCN Transfer Agreement ("Agreement") is executed by and between
the City of Wylie, Texas ("City"), a Texas home rule municipal corporation, and Wylie
Northeast Water Supply Corporation ("Corporation"), a Texas nonprofit water supply
corporation organized pursuant to Tex. Rev. Civ. Stat. art. 1434a and operating under
Chapter 67 of the Texas Water Code, for the purposes and consideration set forth herein.
RECITALS
WHEREAS, the City has been issued Certificate of Convenience and Necessity
("CON") No. 10186 by the Texas Commission on Environmental Quality ("TCEQ") to
provide water utility service to certain areas within Collin County, Texas;
WHEREAS, the Corporation has been issued CCN No. 10192 by the TCEQ to
provide water utility service to certain areas within Collin County, Texas;
WHEREAS, the City and Corporation are both "retail public utilities" as defined in
Texas Water Code § 13.002;
WHEREAS, Centex Homes is in the process of developing Birmingham Farms
Phase 2A ("Phase 2A"), Birmingham Farms Phase 14A ("Phase 14A"), and Birmingham
Farms Phase 14B ("Phase 14B"), additions to City of Wylie, Collin County, Texas,
according to the final plats thereof recorded in Cabinet N, Page 887, Cabinet P, Page 654,
and Cabinet P, Page 656, of the Plat Records of Collin County, Texas, respectively;
WHEREAS, the City's CCN covers most of Phases 2A and 14A with the remainder
covered by the Corporation's CCN, and the Corporation's CCN covers most of Phase 14B
with the remainder covered by the City's CCN;
WHEREAS,the parties and Centex determined that each of the above subdivisions
would be better served by a single water utility provider and, with the parties approval,
Centex entered into an agreement with the City to obtain service to Phases 2A and 14A
and an agreement with the Corporation to obtain service to Phase 14B;
WHEREAS, the parties have agreed to adjust their respective water CCN
boundaries to bring Phases 2A and 14A wholly within the City's CCN and Phase 14B
wholly with the Corporation's CCN, and to more accurately reflect the platted boundaries
of certain other tracts of land currently served by the Corporation;
WHEREAS, the City and the Corporation have, through good faith negotiations,
resolved issues concerning the permanent boundaries of their respective water CCNs
subject to jurisdiction of the TCEQ.
WATER CCN TRANSFER AGREEMENT-Page 1
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained in this Agreement, including the recitals set forth above, and other good and
valuable consideration, the City and the Corporation agree as follows:
1. CCN Transfer.
(a) Transfer Area 1. Subject to approval of this Agreement by the TCEQ,
the Corporation hereby transfers to the City, and the City hereby accepts, that
certain 35.41±acre portion of the Corporation's CCN No. 10192 described by metes
and bounds in the attached EXHIBIT "A" and shown on the map attached as
EXHIBIT "B" under the designation "Transfer Area 1."
(b) Transfer Area 2. Subject to approval of this Agreement by the TCEQ,
the City hereby transfers to the Corporation, and the Corporation hereby accepts,
that certain 51.28± acre portion of the City's CCN No. 10186 described by metes
and bounds in the attached EXHIBIT "A" and shown on the map attached as
EXHIBIT "B" under the designation "Transfer Area 2."
2. Regulatory Approval. After execution by the parties, a copy of this
Agreement shall be filed with the TCEQ in accordance with Texas Water Code § 13.248.
Within 30 days of such execution, the parties shall prepare and shall file a joint TCEQ
Form 10516 (STM Form) or other appropriate application with the TCEQ to effect the
formal transfer of the water CCN areas described in paragraph 1 above. The Corporation
shall be primarily responsible for preparation of the application and shall bear all costs
related to same. The City shall be primarily responsible for filing and obtaining TCEQ
approval of the application and shall bear all costs related to same. The Corporation will
cooperate with the City and the TCEQ to accomplish this goal.
3. Effect of Transfer. Upon approval of this Agreement by the TCEQ, the
adjusted water CCN boundaries described in EXHIBIT"A"and shown on EXHIBIT"B"shall
be the water CCN boundaries between the City and the Corporation. The parties agree
that, upon such approval, the City will have the sole right to provide water utility service
within Transfer Area 1 and the Corporation will have the sole right to provide water utility
service within Transfer Area 2.
4. Customers in Transfer Areas. The parties agree that on the effective date
of this Agreement the Corporation has no water utility customers in Transfer Area 1 and
the City has no water utility customers in Transfer Area 2. The parties further agree that,
between the effective date of this Agreement and the Transfer Effective Date, the
Corporation will not serve any new customers in Transfer Area 1 and the City will not serve
any new customers in Transfer Area 2.
5. Facilities and Waterlines. There parties agree that there is no transfer of
facilities, waterlines, easements or equipment under this Agreement.
WATER CCN TRANSFER AGREEMENT-Page 2
6. Transfer Effective Date. The"Transfer Effective Date"shall be the date the
TCEQ issues an order granting the STM Form or other application to be filed hereunder
and/or approving the water CCN transfer described in paragraph 1 above.
7. Effective Date. This Agreement is effective and enforceable as between the
City and the Corporation following execution by the parties.
8. Related Documents. The parties hereto covenant and agree that they shall
execute and deliver such other and further instruments and documents as are or may
become necessary or convenient to effectuate and carry out the intent of this Agreement.
9. Applicable Law. This Agreement shall be governed by and construed and
enforced under the laws of the State of Texas.
10. Performance. Except for matters within the jurisdiction of the TCEQ (or its
successor), any action at law or in equity brought to enforce or interpret any provision of
this Agreement shall be brought in a state court of competent jurisdiction with venue in
Collin County, Texas.
11. Agreement Drafted Equally. This Agreement shall be deemed drafted
equally by the parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any party or parties hereto shall not apply.
12. Entire Agreement. This Agreement contains the entire agreement by and
between the City and the Corporation with respect to the subject matter of this Agreement.
No Agreement, statement or promise made by any party to any other party, or by or to any
employee, agent or officer of any party hereto,that is not contained in this Agreement shall
be valid, binding or of any force or effect. Any amendments to this Agreement must be in
writing and signed by the party or parties to be charged.
13. No Waiver of Government Immunity. The parties agree that neither party
has waived its sovereign or governmental immunity by entering into and performing its
obligation under this Agreement.
14. Exhibits. The boundary description and map attached to this Agreement as
EXHIBIT "A" and EXHIBIT "B" are incorporated herein by reference for all purposes.
15. Successors and Assigns. This Agreement shall be binding upon the parties
hereto and their respective successors, heirs, representatives and assigns.
16. No Third Party Beneficiaries. It is the express intention of the parties that
the terms and conditions of this Agreement may be enforced by either party, but not by any
third party or alleged third-party beneficiary.
WATER CCN TRANSFER AGREEMENT-Page 3
17. Severability. Should any provision of this Agreement be declared void by
a court of competent jurisdiction, the remaining provisions of this Agreement shall remain
in full force and effect.
18. Covenant of Authority. The undersigned hereby represent and covenant
that they are fully authorized to sign this Agreement on behalf of their respective party.
19. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
IN WITNESS HEREOF, EXECUTED by City of Wylie, Texas, and Wylie Northeast
Water Supply Corporation under the authority of their respective governing bodies on the
dates indicated below.
SIGNED on the day of , 2005.
CITY OF WYLIE, TEXAS:
By:
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
WATER CCN TRANSFER AGREEMENT-Page 4
SIGNED on the day of , 2005.
WYLIE NORTHEAST WSC:
By:
Jimmy Beach, President
ATTEST:
Mike Bailey, Secretary/Treasurer •
WATER CCN TRANSFER AGREEMENT-Page 5
.,w.„o,..cI.Vw,,.nlo,w,..1ws<,Cc..,.s3,,,1oo,.m.nnm..t Cny ofw,l.,AGREEMEN..,,... lw.l>«N(w,..,wmorm...,wsc).P,
EXHIBIT "A"
METES & BOUNDS DESCRIPTION OF
WATER CCN TRANSFER AREAS
TRANSFER AREA 1:
The following described water service area shall be subtracted from Wylie Northeast Water Supply
Corporation's CCN No. 10192 and added to the City of Wylie's CCN No. 10186:
BEGINNING at the southwest corner of Wylie Northeast Water Supply Corporation's CCN No. 10192
located approximately two miles north of the City of Wylie;
THENCE north 0 degree 2 minutes west along a line approximately 785 feet to a point for a corner;
THENCE south 89 degrees 4 minutes east along a line approximately 1,971 feet to west side right-of-
way of Gateway Bend to a point for a corner;
THENCE southerly along west side right-of-way of Gateway Bend approximately 764 feet to a point
for a corner;
THENCE north 89 degrees 45 minutes west along a line approximately 1,987 feet back to the place
of beginning.
TRANSFER AREA 2:
The following described water service area shall be subtracted from the City of Wylie's Certificate
Convenience of Necessity("CCN")No.10186 and added to Wylie Northeast Water Supply Corporation's CCN
No. 10192:
BEGINNING at the intersection of the center of Farm to Market Highway2514 and the center of Collin
Road Paul Wilson located approximately two miles north of the City of Wylie and located in the
southern portion of the Wylie Northeast Water Supply Corporation's CCN No. 10192;
THENCE easterly along the center of Paul Wilson Road approximately 1,212 feet to a point for a
corner;
THENCE south 3 degrees 20 minutes east along a line approximately 304 feet to a point for a corner;
THENCE south 88 degrees 44 minutes west along a line approximately 4,116 feet to a point for a
corner;
THENCE south 0 degrees 20 minutes east along a line approximately 975 feet to the center of Ann
Drive to a point for a corner;
THENCE northwesterly along the center of Ann Drive approximately 1,091 feet to a point for a corner;
THENCE north 76 degrees 17 minutes east along a line approximately 76 feet to a point for a corner;
THENCE north 16 degrees 23 minutes east along a line approximately 92 feet to a point for a corner;
THENCE north 9 degrees 26 minutes east along a line approximately 52 feet to a point fora corner;
THENCE north 1 degrees 21 minutes east along a line approximately 707 feet to a point for a corner;
THENCE north 89 degrees 20 minutes east along a line approximately 3,779 feet to a point for a
corner and back to the place of beginning.
Solo Page
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CITY OF WYLIE, TX !i�� z 1
PROPOSED CCN TRANSFER // X
1-18-2005
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1
CITY OF WYLIE Item No. C.
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: City Manager and Fire
Mark B. Roath and Steve
Prepared By: Seddig
Account Code No.#: Date Prepared: March 8, 2005
Budgeted Amount: N/A Exhibits: 1
AGENDA SUBJECT: Consider and act upon an Interlocal Agreement to place antennas on water towers by and
between the City of Wylie, Texas and East Fork Special Utility District.
RECOMMENDED ACTION: Approve.
SUMMARY:
The Wylie Fire Rescue and Police Departments rely on communications. Presently, the Departments are
operating with Mobile Data Computers (MDC's) in all first line units. The system is connected to a wireless
network Computer Aided Dispatch (CAD) center. Recently, the Departments are working to improve
connectivity, which will require a number of strategically located communication devices installed and
networked together.
Because East Fork Special Utility District has several water towers within our coverage areas, the City requested
that they allow us to locate communication devices on their facilities. The attached Agreement is a result of our
request.
The Agreement allows the City to place our communication devices on their towers at a cost of$1.00 per annum.
APPROVED BY: Initial Date
Department Director: \
City Manager: MBR \ 3/8/05
ORIGINAL
INTERLOCAL AGREEMENT TO PLACE ANTENNAS ON WATER TOWERS
BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND
EAST FORK SPECIAL UTILITY DISTRICT
This Interlocal Agreement to Place Antennas on Water Towers by and between
the City of Wylie, Texas, a municipal corporation ("Wylie") and East Fork Special Utility
District, a general law water district ("EFSUD"), each political subdivisions of the State of
Texas, is entered into as of the date executed below ("Agreement").
WHEREAS, the Interlocal Corporation Act, Chapter 791 of the Texas Government
Code (the "Act") provides the authority to political subdivisions for contract by and
between each other to purchase goods and services and facilitate governmental
functions of said political subdivisions under the terms of the Act;
WHEREAS, Wylie has investigated and determined that it would be advantageous
and beneficial to Wylie and its inhabitants to acquire permission from EFSUD to place
antennas to be used for public safety wireless communications by Wylie;
WHEREAS, Wylie is acquiring wireless routers for communications from Nexgen;
WHEREAS, EFSUD has investigated and determined that it would be
advantageous and beneficial to EFSUD to provide water tower access to Wylie.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
Wylie and EFSUD agree as follows:
1. Water Tower Use by Wylie. EFSUD will provide Wylie access to its water
towers listed below ("Facilities") for purposes of installing and maintaining Nexgen (or
similar) wireless routers and related appurtenances to be used exclusively by Wylie for
public safety wireless communications ("Communications Equipment"). No commercial
use shall be permitted under this Agreement. Presently, EFSUD has water towers
located at:
a) 1355 Troy Road, Wylie, Collin County, Texas 75098, and more particularly
described in the attached Exhibit "A".
b) 2491 Elm Grove Road, Dallas County, Texas, more particularly described
as a 0.983 acre tract (Tract 10) out of the F. T. Gaines Survey, Abstract No. 497
(Page 095), Dallas County, Texas.
2. Water Tower Access Provided. Wylie shall have the right, at its own expense,
to install and maintain Communications Equipment on the Facilities in a good and
workmanlike manner that does not interfere with existing communication equipment, if
any. All necessary Facility access, whether underground or aerial, will be provided at
each Facility. Wylie shall submit a site plan and plans and specifications for EFSUD
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 1
F:tW.t..OnU,o E*.t Fe.Y SUOt OY of W0M 1O51lTow,Agt..o,0IM A Wau,Tow,Antenna EFWD.doe
approval of the location of the Communications Equipment at each Facility and such
approval shall not be unreasonably withheld. Wylie shall have access to the Facilities
Monday through Friday, 9:00 A.M. to 4:00 P.M., for purposes of performing maintenance
on the Communications Equipment and shall have access 24-hours a day, 7-days a
week for purposes of performing emergency maintenance on the Communications
Equipment. Wylie shall notify EFSUD by telephone prior to entering the Facilities.
EFSUD hereby grants Wylie a right of ingress, egress and access to the Facilities for the
purpose of installing and maintaining the Communications Equipment.
3. Standards. All work will be done according to applicable codes and
regulations and approved plans.
4. Consideration. Wylie agrees to pay EFSUD a sum of One Dollar ($1.00) per
year, payable in full for the initial term of this Agreement upon execution by the parties.
5. Term. The initial term of this Agreement shall be for ten (10) years from the
date of final execution. This Agreement shall automatically be extended for two (2)
additional five (5) year terms, upon the same terms and conditions, unless one party
notifies the other in writing of its intent not to renew at least ninety (90) days prior to the
expiration of the existing term. Wylie has the right to remove the Communications
Equipment at its sole expense on or before the expiration or earlier termination of this
Agreement, and Wylie shall repair any damage to the Facilities caused by such removal.
Upon the expiration or earlier termination of this Agreement, Wylie shall remove the
Communications Equipment and repair any damage to the Facilities caused by such
removal.
6. Termination. This Agreement may be terminated by EFSUD upon ninety (90)
days written notice if it is determined by EFSUD that Wylie's use of Facilities causes
substantial interference with EFSUD's use of the above described property(ies) or
Facilities in furtherance of its water utility system operations, or in any way prevents
EFSUD from complying with applicable rules or regulations of the Environmental
Protection Agency or Texas Commission on Environmental Quality, or their successors.
7. Water Tank Maintenance. Upon at least thirty (30) days prior written notice,
Wylie shall remove some or all of the Communications Equipment from the Facilities as
necessary for EFSUD to make repairs and/or to perform routine or scheduled
maintenance on the Facilities, including painting the inside and/or outside of the
Facilities. Upon completion of such repairs or maintenance, Wylie shall be permitted to
reinstall the Communications Equipment removed.
8. Miscellaneous Provisions.
a) Assignment. This Agreement is not assignable.
b) Entire Agreement. This Agreement contains the entire agreement of the
parties with respect to the matters contained herein and may not be
modified or terminated except upon the provisions hereof or by the mutual
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 2
F-\Wker OntreeE..t Fmk SUO1Ciry el WyS)6511Tavnr Ayr«nrnNLA Wktn T.*.,Menru EFWO.Eoc
•
c) Venue. This Agreement shall be construed in accordance with the laws of
the State of Texas and shall be performable in Collin County, Texas.
d) Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of
which is forever confessed.
e) Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
f) Authority to Execute. The individuals executing this Agreement on behalf
of the respective parties below represent to each other and to others that
all appropriate and necessary action has been taken to authorize the
individual who is executing this Agreement to do so for and on behalf of the
party for which his or her signature appears, that there are no other parties
or entities required to execute this Agreement in order for the same to be
an authorized and binding agreement on the party for whom the individual
is signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
g) Savings/Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision thereof, and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
h) Representations. Each signatory represents this Agreement has been
read by the party for which this Agreement is executed and that such party
has had an opportunity to confer with its counsel.
i) Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all parties hereto. The language of all parts of this
Agreement shall be construed as a whole according to its fair meaning, and
any presumption or principle that the language herein is to be construed
against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing
this document.
j) Pursuit of a Governmental Function. Both Wylie and EFSUD have
determined by their execution of this Agreement that this Agreement and
the obligations of the parties contained herein are in discharge of a
governmental function as set forth in the Interlocal Cooperation Act,
Chapter 791, Texas Government Code, and the participation by either
party in the terms of this Agreement shall not make such party an agent or
representative of the other party.
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 3
F\W.t.,Ontrk:t.\E.,t Fa,k SUO\C ty el Wyk.7O5I\T..!Apr«rtyntUU W.t.,TO?!MUnn.L WO.Goc
k) Sovereign Immunity. The parties agree that neither Wylie nor EFSUD has
waived its sovereign immunity by entering into and performing their
respective obligations under this Agreement.
I) Notice. Any notice required to be sent under this Agreement must be in
writing and may be served by depositing same in the United States Mail,
addressed to the party to be notified, postage pre-paid and registered or
certified with return receipt requested, or by delivering the same in person
to such party via a hand-delivery service, Federal Express or any courier
service that provides a return receipt showing the date of actual delivery of
same to the addressee thereof. Notice given in accordance herewith shall
be effective upon receipt at the address of the addressee. For purposes of
notice, the addresses of the parties shall be as follows:
If to Wylie, to: City of Wylie
Attn: City Manager and Fire Marshall
2000 N. Highway 78
Wylie, TX 75098
If to EFSUD, to: East Fork SUD
Attn: Office Manager
1355 Troy Road
Wylie, Texas 75098
IN WITNESS WHEREOF, the parties have executed this Agreement and caused
this Agreement to be effective on the latest date as reflected by the signatures below.
EAST FORK SPECIAL UTILITY DISTRICT
By: 9f7'1 te: //'•�—dam
Name: ger Han
Title: Vice President
CITY OF WYLIE, TEXAS
By: Date:
Name:
Title:
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 4
F.',Watar OIatftt,\Eaat Foek SUD\CM M Wyla)652\Tew.t AyraarmnFJ A Watar Tnvnr Mtanv EFWO Cec
STATE OF TEXAS *
*
COUNTY OF COUNTY *
BEFORE ME, the undersigned authority, on this day personally appeared Roger
Hankey known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he acknowledged to me he is the duly authorized representative
for East Fork Special Utility District, and he executed said instrument for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this&L day of kOUef1)beo;
200 .1.0 "c= DANA ANDREWS -Y n
�i, Notary Public n /��y, n J / /1
�� *1 State of Texas �'/ L G/(�
~�''tocit+'y My Comm.Exp. 10-09-2007 Notary Public in and for the
State of Texas
My Commission Expires: )e- q'e,0O7
STATE OF TEXAS *
*
COUNTY OF COLLIN *
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose names
are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the
duly authorized representative for the City of Wylie, Texas, and he/she executed said
instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
2004.
Notary Public in and for the
State of Texas
My Commission Expires:
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 5
F AYatar Dbbeb Eaat Faro SUD\Gty of Wyh.]OSi\Toter AW..!,.ntU A Watat Towat Antenna EFWO.Eoo
EXHIBIT "A"
Lying and being situated in the AARON WEST SURVEY, County of Collin, State of
Texas, and being out of a tract of land conveyed by Deed to C. J. Bozman from M. T.
Bozman and wife, Rosa Bozman, as recorded at Volume 266, Page 548, of the Collin
County Deed Records and more fully described as follows:
BEGINNING at a point in a public road which bears E. 25' from the Southeast
corner of a three acre tract of land conveyed by Annie Seabourn, et vir, to F. E.
Lillard by Warranty Deed dated November 6, 1950, and recorded in Volume 421,
Page 55, of the Deed Records of Collin County, Texas;
THENCE S. with the Center of public road, 200.00 feet to a point for corner;
THENCE W. 350.00 feet to a point for corner;
THENCE N. 200.00 feet to a point for corner in the S. line of said Lillard tract;
THENCE E. 350.00 feet with the S. line of said Lillard Tract to the PLACE OF
BEGINNING and containing 1.607 acres of land.
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 6
F\W.t.,OnvchEFar Fury SUOrC4y M WyIM]052\Tmwr Aw..m.nlYU Water Toxr nnNnro EFWO.d c
CITY OF WYLIE Item No. D.
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: City Manager and Fire
Mark B. Roath and Steve
Prepared By: Seddig
Account Code No. #: Date Prepared: March 8, 2005
Budgeted Amount: N/A Exhibits: 1 w/Exhibit A
AGENDA SUBJECT: Consider and act upon a Consent to Sublease Agreement between Bozeman Farm
Development, East Fork Special Utility District and the City of Wylie, Texas.
RECOMMENDED ACTION: Approve.
SUMMARY:
The Wylie Fire Rescue and Police Departments rely on communications. Presently, the Departments are
operating with Mobile Data Computers (MDC's) in all first line units. The system is connected to a wireless
network Computer Aided Dispatch (CAD) center. Recently, the Departments are working to improve
connectivity, which will require a number of strategically located communication devices installed and
networked together.
Because East Fork Special Utility District has several water towers within our coverage areas, the City requested
that they allow us to locate communication devices on their facilities. The attached Consent to Sublease is a
result of our request. Note: This Sublease allows the City to place our communication device on the East Fork
Special Utility District water tower located at 1355 Troy Road, Wylie, which said water tower property is leased
from Bozeman Farm Development, Ltd., to the District; thus, the reason for this Agreement.
APPROVED BY: Initial Date
Department Director: \
City Manager: MBR \ 3/8/05
CONSENT TO SUBLEASE
This consent to sublease is entered into as of the 31 day of , 20¢
by and between Bozman Farm Development, Ltd. ("Landlord" , a Tex s limited
partnership, acting by and through its general partner Troy Development Corporation, a
Texas corporation, East Fork Special Utility District("Sublessor"), a Texas general law
water utility district operating under Chapters 49 and 65 of the Texas Water Code, and City
of Wylie, Texas ("Sublessee"), a home rule municipality.
RECITALS
WHEREAS, Sublessor leased a 1.607 acre parcel of land located at 1355 Troy
Road, Wylie, Collin County, Texas (the "Premises"), under a lease dated January 29,
1991, which lease and all its riders and amendments is called the "Master Lease;" and
WHEREAS, Sublessor erected an elevated water storage tower on the Premises
and a second elevated water storage tower is under construction; and
WHEREAS, Sublessee desires access to Sublessor's water towers on the premises
for purposes of installing and maintaining Nexgen (or similar)wireless routers and related
appurtenances to be used exclusively by Sublessee for public safety wireless
communications; and
WHEREAS, Landlord represents that it is the owner of the Premises and, pursuant
to the terms of the Master Lease which require the consent of Landlord to any subletting,
has agreed to grant consent.
THEREFORE, Landlord consents to the proposed Interlocal Agreement to Place
Antennas on Water Towers (the "Sublease") between Sublessor and Sublessee, a copy
of which Sublease is attached hereto as Exhibit "A" and made a part of this Consent
subject to the following terms and conditions:
1. The Sublease shall be subject and subordinate at all times to the Master
Lease and this Consent. This Consent by Landlord shall not be deemed in any way or
manner a release of Sublessor from any and all obligations to be performed by Sublessor
under the Master Lease.
2. Sublessee is prohibited from assigning the Sublease or subletting the
Premises or any part thereof.
3. Nothing contained in the Sublease or in this Consent shall enlarge or
increase Landlord's obligations or liability under the Master Lease or otherwise, and in the
event of a default in the Master Lease which results in its termination, the Sublease and
Sublessee's rights in the Premises shall also be terminated.
CONSENT TO SUBLEASE-Page 1 ..w..o.... ...a.soc,a=w...io.:,...,,, .T....Ree..crc.....,. .......,.
4. This Consent shall not be changed orally but only by an agreement in writing
signed by all the parties hereto. This Consent may be signed in counterparts, each of
which shall be deemed to be an original
The parties to this Consent to Sublease have caused it to be duly executed as of
the day and year first written above.
LANDLORD: BOZMAN FARM DEVELOPMENT, LTD., a
Texas limited partnership
By: Troy Development Corporation, a Texas
corporation, its general partner
By: •
Name: '
Title:
ATTEST:
NANDY DANAE HENARD
'.��/�:"= Notary Public,State of Texas
My Commission Expires
By: April 21,2007
Title:
SUBLESSOR: EAST FORK SRECIAL UTILITY DISTRICT
By: giff"--
Mark Burnett, President
ATTEST:
liff , Secretary
SUBLESSEE: CITY OF WYLIE, TEXAS
By:
Jon Mondy, Mayor
ATTEST:
•
Carol Ehrlich, City Secretary
CONSENT TO SUBLEASE-Page 2 n.0••.tsE..tE>,som .e ,..a.2.,e.. 9 .....,GAEEME.. oo...mi Sue i.....va
EXHIBIT "A"
INTERLOCAL AGREEMENT TO PLACE ANTENNAS ON WATER TOWERS
BY AND BETWEEN THE CITY OF WYLIE, TEXAS AND
EAST FORK SPECIAL UTILITY DISTRICT
This Interlocal Agreement to Place Antennas on Water Towers by and between
the City of Wylie, Texas, a municipal corporation ("Wylie") and East Fork Special Utility
District, a general law water district ("EFSUD"), each political subdivisions of the State of
Texas, is entered into as of the date executed below ("Agreement").
WHEREAS, the Interlocal Corporation Act, Chapter 791 of the Texas Government
Code (the "Act") provides the authority to political subdivisions for contract by and
between each other to purchase goods and services and facilitate governmental
functions of said political subdivisions under the terms of the Act;
WHEREAS, Wylie has investigated and determined that it would be advantageous
and beneficial to Wylie and its inhabitants to acquire permission from EFSUD to place
antennas to be used for public safety wireless communications by Wylie;
WHEREAS, Wylie is acquiring wireless routers for communications from Nexgen;
WHEREAS, EFSUD has investigated and determined that it would be
advantageous and beneficial to EFSUD to provide water tower access to Wylie.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
Wylie and EFSUD agree as follows:
1. Water Tower Use by Wylie. EFSUD will provide Wylie access to its water
towers listed below ("Facilities") for purposes of installing and maintaining Nexgen (or
similar) wireless routers and related appurtenances to be used exclusively by Wylie for
public safety wireless communications ("Communications Equipment"). No commercial
use shall be permitted under this Agreement. Presently, EFSUD has water towers
located at:
a) 1355 Troy Road, Wylie, Collin County, Texas 75098, and more particularly
described in the attached Exhibit "A".
b) 2491 Elm Grove Road, Dallas County, Texas, more particularly described
as a 0.983 acre tract (Tract 10) out of the F. T. Gaines Survey, Abstract No. 497
(Page 095), Dallas County, Texas.
2. Water Tower Access Provided. Wylie shall have the right, at its own expense,
to install and maintain Communications Equipment on the Facilities in a good and
workmanlike manner that does not interfere with existing communication equipment, if
any. All necessary Facility access, whether underground or aerial, will be provided at
each Facility. Wylie shall submit a site plan and plans and specifications for EFSUD
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF YLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 1 4
W
F.WVatr Onrn E.,t E,*SUO'Oiry al WyM 7O52tTovnr Aprrm.rULA W.t.,T*.,Mt.nru EFWD IEabb AI Eoc I��
approval of the location of the Communications Equipment at each Facility and such
approval shall not be unreasonably withheld. Wylie shall have access to the Facilities
Monday through Friday, 9:00 A.M. to 4:00 P.M., for purposes of performing maintenance
on the Communications Equipment and shall have access 24-hours a day, 7-days a
week for purposes of performing emergency maintenance on the Communications
Equipment. Wylie shall notify EFSUD by telephone prior to entering the Facilities.
EFSUD hereby grants Wylie a right of ingress, egress and access to the Facilities for the
purpose of installing and maintaining the Communications Equipment.
3. Standards. All work will be done according to applicable codes and
regulations and approved plans.
4. Consideration. Wylie agrees to pay EFSUD a sum of One Dollar ($1.00) per
year, payable in full for the initial term of this Agreement upon execution by the parties.
5. Term. The initial term of this Agreement shall be for ten (10) years from the
date of final execution. This Agreement shall automatically be extended for two (2)
additional five (5) year terms, upon the same terms and conditions, unless one party
notifies the other in writing of its intent not to renew at least ninety (90) days prior to the
expiration of the existing term. Wylie has the right to remove the Communications
Equipment at its sole expense on or before the expiration or earlier termination of this
Agreement, and Wylie shall repair any damage to the Facilities caused by such removal.
Upon the expiration or earlier termination of this Agreement, Wylie shall remove the
Communications Equipment and repair any damage to the Facilities caused by such
removal.
6. Termination. This Agreement may be terminated by EFSUD upon ninety (90)
days written notice if it is determined by EFSUD that Wylie's use of Facilities causes
substantial interference with EFSUD's use of the above described property(ies) or
Facilities in furtherance of its water utility system operations, or in any way prevents
EFSUD from complying with applicable rules or regulations of the Environmental
Protection Agency or Texas Commission on Environmental Quality, or their successors.
7. Water Tank Maintenance. Upon at least thirty (30) days prior written notice,
Wylie shall remove some or all of the Communications Equipment from the Facilities as
necessary for EFSUD to make repairs and/or to perform routine or scheduled
maintenance on the Facilities, including painting the inside and/or outside of the
Facilities. Upon completion of such repairs or maintenance, Wylie shall be permitted to
reinstall the Communications Equipment removed.
8. Miscellaneous Provisions.
a) Assignment. This Agreement is not assignable.
b) Entire Agreement. This Agreement contains the entire agreement of the
parties with respect to the matters contained herein and may not be
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 2
F:\Water Dntrcta�ast Ferk SUD1Dity el WyN Id'S3\Tower Agrwrmnt\ILA Water Tarr Mtanna EFWD IE.luby AI ea
modified or terminated except upon the provisions hereof or by the mutual
written agreement of the parties hereto.
c) Venue. This Agreement shall be construed in accordance with the laws of
the State of Texas and shall be performable in Collin County, Texas.
d) Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of
which is forever confessed.
e) Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
f) Authority to Execute. The individuals executing this Agreement on behalf
of the respective parties below represent to each other and to others that
all appropriate and necessary action has been taken to authorize the
individual who is executing this Agreement to do so for and on behalf of the
party for which his or her signature appears, that there are no other parties
or entities required to execute this Agreement in order for the same to be
an authorized and binding agreement on the party for whom the individual
is signing this Agreement and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and
effective on the date hereof.
g) Savings/Severability. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision thereof, and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
h) Representations. Each signatory represents this Agreement has been
read by the party for which this Agreement is executed and that such party
has had an opportunity to confer with its counsel.
i) Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all parties hereto. The language of all parts of this
Agreement shall be construed as a whole according to its fair meaning, and
any presumption or principle that the language herein is to be construed
against any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing
this document.
j) Pursuit of a Governmental Function. Both Wylie and EFSUD have
determined by their execution of this Agreement that this Agreement and
the obligations of the parties contained herein are in discharge of a
governmental function as set forth in the Interlocal Cooperation Act,
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 3
F Wn,O.,th bEaat Faro SUO\Gty of WyG J053\Torn!Ag,aarmnt)ILA Wata.Tovnr Mt. EFWO{EsMdt A,.Jec
Chapter 791, Texas Government Code, and the participation by either
party in the terms of this Agreement shall not make such party an agent or
representative of the other party.
k) Sovereign Immunity. The parties agree that neither Wylie nor EFSUD has
waived its sovereign immunity by entering into and performing their
respective obligations under this Agreement.
I) Notice. Any notice required to be sent under this Agreement must be in
writing and may be served by depositing same in the United States Mail,
addressed to the party to be notified, postage pre-paid and registered or
certified with return receipt requested, or by delivering the same in person
to such party via a hand-delivery service, Federal Express or any courier
service that provides a return receipt showing the date of actual delivery of
same to the addressee thereof. Notice given in accordance herewith shall
be effective upon receipt at the address of the addressee. For purposes of
notice, the addresses of the parties shall be as follows:
If to Wylie, to: City of Wylie
Attn: City Manager and Fire Marshall
2000 N. Highway 78
Wylie, TX 75098
If to EFSUD, to: East Fork SUD
Attn: Office Manager
1355 Troy Road
Wylie, Texas 75098
IN WITNESS WHEREOF, the parties have executed this Agreement and caused
this Agreement to be effective on the latest date as reflected by the signatures below.
EAST FORK SPECIAL UTILITY DISTRICT
By: Date:
Name: Roger Hankey
Title: Vice President
CITY OF WYLIE, TEXAS
By: Date:
Name:
Title:
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 4
E:'Watar OA,b'East Fo.k SUOtCity el WyM I052\TevweAyraamantUAWM.s Terwr Mbnna EEW0 IEoh,54 At Ua t1\
STATE OF TEXAS
*
COUNTY OF COLLIN *
BEFORE ME, the undersigned authority, on this day personally appeared Roger
Hankey known to me to be one of the persons whose names are subscribed to the
foregoing instrument; he acknowledged to me he is the duly authorized representative
for East Fork Special Utility District, and he executed said instrument for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2004.
Notary Public in and for the
State of Texas
My Commission Expires:
STATE OF TEXAS *
*
COUNTY OF COLLIN *
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be one of the persons whose names
are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the
duly authorized representative for the City of Wylie, Texas, and he/she executed said
instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2004.
Notary Public in and for the
State of Texas
My Commission Expires:
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 5
F tWM.r Dnbeb E.,I Fork SUDIC4y of WyN>0531Tovwr AgrN,.rntuU Wal•r Tex.r MM1nrb EFWD IEaMbn*Ex
EXHIBIT "A"
Lying and being situated in the AARON WEST SURVEY, County of Collin, State of
Texas, and being out of a tract of land conveyed by Deed to C. J. Bozman from M. T.
Bozman and wife, Rosa Bozman, as recorded at Volume 266, Page 548, of the Collin
County Deed Records and more fully described as follows:
BEGINNING at a point in a public road which bears E. 25' from the Southeast
corner of a three acre tract of land conveyed by Annie Seabourn, et vir, to F. E.
Lillard by Warranty Deed dated November 6, 1950, and recorded in Volume 421,
Page 55, of the Deed Records of Collin County, Texas;
THENCE S. with the Center of public road, 200.00 feet to a point for corner;
THENCE W. 350.00 feet to a point for corner;
THENCE N. 200.00 feet to a point for comer in the S. line of said Lillard tract;
THENCE E. 350.00 feet with the S. line of said Lillard Tract to the PLACE OF
BEGINNING and containing 1.607 acres of land.
INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF WYLIE AND EAST FORK SPECIAL UTILITY DISTRICT—Page 6
F:tW.s D!Et(fl Enit Fetk SUD'City of WyM 7O5aTay.Agrrnn*J A W.tnt Tows Mtnnna EFWO IE,Mbd A).Coc my
CITY OF WYLIE Item No. El
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22. 2005 Originating Department: City Secretary
Prepared By: Carole Ehrlich
Account Code No. #: Date Prepared: 3/10/05
Budgeted Amount: See below Exhibits: Proposed Contract
AGENDA SUBJECT:Consider and act upon the approval of an agreement between Collin County
Community College District and the City of Wylie to hold a one day training session for City employees on
April 8, 2005 at a cost of$1,548.00.
RECOMMENDED ACTION:Approval
SUMMARY: The City of Wylie (Human Resource Department) has requested the Collin County Community
College to present a program entitled "The Manager as Leader" for presentation to City staff and supervisors.
The contract will be for one session to be conducted on April 8, 2005, at a cost of$1,548.00. Funds will be
allocated from departments attending through their Professional Training budget items.
APPROVED BY: Initial Date
Department Director: CE \ 3/10/05
City Manager: nid1C \ 3.47ct!""
1
Business $olitions , roup
Business Solutions Group
Collin County Community College District
Courtyard Center
4800 Preston Park Boulevard, Box 9
Plano, TX 75093
CONTRACT TRAINING AGREEMENT
This Agreement is entered into by and between the Collin County Community College District(District), and City
of Wylie(Agency), to conduct training and provide services as described in this Agreement.
I. DISTRICT AGREES TO PROVIDE:
1. Qualified trainers to be supervised and paid by the District.
2. Appropriate curriculum or statement of work as mutually agreed upon by the District and Agency.
3. A course delivery schedule as mutually agreed upon and documented by the District and Agency,which
is responsive to Agency employees,District trainers, and facility availability.
4. Trainers and course evaluation.
5. Necessary trainee materials,assessment tools,books,handouts,and equipment as needed to conduct
training.
II. AGENCY AGREES TO:
1. Reimburse the District for assessment,training, services,and materials as identified in Attachment"A"
which is part of this Agreement.
2. Pay District upon receipt of invoice for all services rendered.
III. HOLD HARMLESS AGREEMENT
1. Agency hereby agrees to hold District,its Governing Board and/or any officer, agent or employee
thereof free and harmless and defend same from all suits or actions at law arising from use of Agency
facilities or actions or negligence of Agency.This includes loss, damage,liability, cost or expense or
injury to persons,life or property that may arise during or be caused by use or occupancy of facilities or
premises by District or actions or negligence of Agency.
2. The District agrees to hold Agency,its agents, officers and employees harmless from any and all damages
to property and persons resulting from District's actions, errors or negligence in connection with the
activities described in this agreement.
1
IV. GENERAL CONTRACT TERMS AND CONDITIONS
1. Training will generally be conducted as specified in Attachment"A."
2. Students will be required to give their name, social security number and birth date to register for training
through the District. These records are protected by the Family Education Rights and Privacy Act
(FERPA).A copy of the Act is attached to the contract.
3. Courses will be billed to the Agency in full for cancellations made five business days or less prior to
course start date. Courses cancelled six to ten business days prior to start of course will result in billing
for half the contracted fee. In the event of cancellation at any time,Agency agrees to pay for assessment
tools,non-returnable textbooks, and supplies. Participation substitutions can be made up to and
including the first day of each course section.
4. The Agency agrees that, for a six-month period following termination of this Agreement,it will not enter
into any future agreement for the provision of training by any person providing training services under
this Agreement unless that future agreement is either with the District or is made following the express
written consent of the District.
5. It is expressly understood and agreed that no personal liability whatsoever attaches to any member of the
Board of the District, or any of the officers or employees thereof by virtue of this Agreement.
6. Time is of the essence in this Agreement. No alteration or variation of the terms of this contract shall be
valid unless made in writing and signed by the parties hereto.
7. Without the written consent of the District,this Agreement is not assignable by the Agency in whole or
in part. The copyright to all District materials either produced as a result of this Agreement or pre-
existing shall belong to the District, or are otherwise limited as by copyright law.Agency may not use,
copy, or modify materials without the expressed written consent of the District.
8. The parties to this Agreement understand that the Agency's non-solicitation policy prohibits promotion
for solicitation of products or services by District personnel or assignees.
9. The parties to this Agreement warrant that items that are used or distributed during the training are
original works and that no portion of these items violates copyright protection or similar right of any
third party.
V. CONFIDENTIALITY
District agrees to hold in strict confidence and not to use or disclose any confidential information for or to
any person, firm, corporation, association, or entity either before,during, or after the term of this Agreement,
except as authorized by the Agency or as is necessary for the performance of duties under this Agreement
but only after having received written consent from the Agency,which will be limited to the specific
confidential information described in the consent.
VI. COMPLIANCE WITH LAWS AND REGULATIONS
Agency agrees that it will not discriminate in the selection of any student to receive instruction pursuant to
this Agreement because of race, creed, color,national origin, sex, sexual orientation,age, or disability. In the
event of Agency's noncompliance with this section, this Agreement may be canceled, terminated, or
suspended,in whole or part, by the District.
2
VII. RELATIONSHIP OF THE PARTIES
It is understood that this is an agreement by and between Agency as Contractor and District and is not
intended to, and shall not be construed to create the relationship, of agent,employee,partnership,joint
venture or association or any other relationship whatsoever.
VIII. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the laws of the State of Texas,
without regard to the principles of conflicts of laws of the State of Texas.Venue for any lawsuit regarding
enforcement or interpretation of this Agreement will be in Collin County,Texas.
CITY OF WYLIE BUSINESS SOLUTIONS GROUP
Collin County Community College District
Courtyard Center
4800 Preston Park Boulevard,Box 9
Plano,TX 75093
By:
Agency Representative Business Solutions Group Director
Date Date
3
Business Sol t roue
b
Contract Training Agreement
Attachment A
Agency: City of Wylie
2000 Highway 78 North
Wylie,TX 75098
Contact: Lynn Fagerstrom Phone: 972-442-8146
Human Resources Manager Email: lfagerstrom@ci.wylie.tx.us
Date: March 7, 2005
Training: The Manager as Leader 8 Hours
BMGT1020.177 Friday,4/8/05 8:O0am-5:00pm
Location: City of Wylie Council Chambers
Instructor: David Cegelski
Fees: $1,548 flat fee
Maximum:
Books &
Assessment
Tools: Handouts
Dimensions of Leadership Assessment Tool- $20 per tool
Terms: Payable upon receipt of invoice
Invoice will be sent to:
Lynn Fagerstrom,Human Resources Manager
City of Wylie
2000 Highway 78 North
Wylie,TX 75098
972-442-8146;lfagerstrom@ci.wylie.tx.us
Business Solutions Group
Collin County Community College
4800 Preston Park Blvd.,Box 9
Plano,TX 75093
972.599.3130
Fax:972.985.3765
bsg.ccccd.edu
4
FERPA
(Family Education Rights and Privacy Act)
The privacy of students' education records,including those contained in CCCCD's automated Student
Information System-Plus (SIS Plus),is protected by the Family Educational Rights and Privacy Act 1974,also
referred to as FERPA,The Privacy Act,or the Buckley Amendment.
Only directory information, as specified in CCCCD's catalog and Student Records Policy,may be released
without the student's prior written permission. Moreover, students have the right to restrict the release of
directory information,in which case all information is protected. (Restriction of directory information is
indicated on screens 7 and 11.)
Approved SIS-Plus users have been determined to have"legitimate educational interest", as defined by
FERPA and CCCCD's Students Record Policy,and are permitted access to students' education records.
PERSONALLY IDENTIFIABLE INFORMATION,INCLUDING EASILY TRACEABLE
INFORMATION, SHOULD NOT BE RELEASED TO THIRD PARTIES WITHOUT THE
STUDENT'S PRIOR WRITTEN PERMISSION.
Statistical information is exempted from the Privacy Act. For example,publication of college withdrawal
rates would not violate student's privacy rights;however,publishing which students withdraw would violate
the law,unless their prior written permission was on file. Likewise,reporting percentages of enrollment by
ethnic origin is permissible,while releasing an individual student's ethnicity would require prior written
permission.
The Registrar's Office has responsibility for ensuring compliance with FERPA.
If a student does not want to furnish his or her social security number, they may complete a Request
for Assigned Student I.D. form. Collin County Community College District will assign a student i.d. number
to use for training registration. Please contact the Business Solutions Group at 972.985.3762 to request this
form.
5
CITY OF WYLIE Item No. F.
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22. 2005 Originating Department: City Secretary
Prepared By: Carole Ehrlich
Account Code No. #: 100-5181-56080 Date Prepared: 3/10/05
Budgeted Amount: $28.000. (all advertising) Exhibits: Proposed Contract
AGENDA SUBJECT: Consider and act upon approval of an agreement between the City of Wylie and The
Dallas Morning News for a 12 month period for the purpose of advertising.
RECOMMENDED ACTION:Approval
SUMMARY: The City of Wylie has contracted with the Dallas Morning News for the past year.The Dallas
Morning News has submitted a new proposed contract that will begin February 28, 2005 and terminate March
1, 2006. The agreement includes a summarized revenue cost update on a monthly basis. The old line rate
(non-contracted), prior to 2004, was $23.00 per line. The current offered rate in the proposed contact is $7.50
per line, which is a substantial discount. The same rate in the 2004 contract was $8.00 per line.
APPROVED BY: Initial Date
Department Director: CE \ 3-10-05
City Manager: /1/44 \ a346/0.r'
1
Page 1 of 2
011)I aliato 1: 1! 1 ritin,0 yi:thrg
Contract
CLASSIFIED Advertising Contract arch
''""("
Automotive Real Estate IT Recruitment
City of Wylie (Account# 1054431904)
Hereinafter referred to as Advertiser hereby contracts with THE DALLAS MORNING NEWS for consumption of not less than
$10,000 (Ten Thousand Dollars)
of advertising,through the use of classified advertising(all publications—The Dallas Morning News,Quick,Al Dia),to be published within twelve(12)months,such
advertising to pertain solely to the business of the Advertiser as now conducted,for which the Advertiser agrees to pay at the office of The Dallas Morning News at
Dallas,Texas,in accord with the attached schedule of rates. The term of this agreement is for the period beginning February 31,2005 and ending
March 1,2006 •
$10,000 The Dallas Morning News will provide Advertiser with monthly revenue updates summarizing
llt(►110r Volume Contract the advertising revenue spent by Advertiser.
If during the Contract Period,Advertiser does not achieve the contracted dollar volume level
specified above,Advertiser will be billed and agrees to pay the difference between the amount
REQUIRED BY CONTRACT II billed at the discounted rate for the contracted dollar volume level and amount that would have
DMN Sunday Rate(per line) $7.50 been billed at the rate for the actual dollar volume level. For example,if the contracted dollar
DMN Daily Rate(per line) $5.50 volume level is$500,000 Dollars and Advertiser's actual dollar volume is$400,000,Advertiser
would be charged the difference between the discounted rate charged at the$500,000 dollar
volume level and the rate charged for the$400,000 Dollar volume level based upon actual
JobCenter Products advertising volume. Such amount will be due and payable immediately upon receipt of the
Online(Ad listed for 14 days) $85.00 invoice.
• $50.00 In-column In-column
$75.00 Display The Dallas Morning News may,during the term of this Agreement,offer different discount
•Kiosks-7 day posting $110.00 programs,designate new Dollar Volume Levels and frequency requirements for advertising.
These changes will not be applicable to this Agreement.Rather,the rates and discounts described
• $20.00 Display in this Agreement will apply to the entire Contract Period,except as provided in the Further
JobLink(up to 10 candidate profiles) Conditions attached hereto. In the event any tax is imposed on advertising,Advertiser agrees to
• $15.00 pay all such taxes,fees and surcharges.
Working Smart(per line) $1.10 This Agreement and the attached Further Conditions represents the only Agreement between the
parties and may not be modified except in writing signed by both parties. Upon termination of
this Agreement,the terms of this Agreement will not be renewable except by written agreement
of the parties. The Dallas Morning News is under no obligation to provide the same discount
OPTIONAL BUYS 4 programs or to continue any discounting upon termination of this Agreement.
Upon expiration of the contract term specified above,the contract will continue on a month-to-
Bold Line Rate month basis at Publisher's then current advertising rates. Either party may terminate the month-
1 line per ad $20.00 to-month contract with thirty days'written notice to the other party.
2 lines per ad $35.00 The Display rates of Publisher are based upon the volume or number of inches used by its
3+lines per ad .. $45.00 advertisers.The rates specified herein are to apply only in the event the number of insertions
contracted for is used by the Advertiser.An insertion refers to advertising space used on a
JobCenter Posting(30 days online) $250.00 specific day.Multiple advertisements used in one day are considered one insertion.
• Includes Resume Database Access
• Includes a Company Profile The entire contract is expressed on the face hereof and in the additional Further Conditions
attached hereto and no verbal agreements,provisions or conditions exist with respect thereto.
Signed:
The Dallas Morning News City of Wylie
508 Young Street Lynn Fagerstroni
Dallas,TX 75202-4808 2000 N Highway 78
Wylie. TX 7509S
BY: BY:
NAME: LISA VIRGOE NAME:
TITLE: CLASSIFIED RECRUITMENT ADVERTISING DIRECTOR TITLE:
DATE: DATE:
Page 2 of 2
FURTHER CONDITIONS OF THIS CONTRACT
1. The Publisher reserves the right to edit or reject any advertising tendered under this contract.
2. Payment by Advertiser must be made in Dallas,Texas,and shall be made not later than the 15th of the month for space billed in the preceding calendar
month.The Publisher and Advertiser agree that this contract is performable in Dallas County,Texas. Any amount not paid in full by the due date will be
considered overdue and incur interest at a rate of 1.5%per month or the maximum amount permitted by law,whichever is less
3. The rates of Publisher as set forth in this Agreement are based upon an assumed classification for the advertising being placed.If at any time the Publisher
determines that the advertising being placed does not qualify for the rates set forth,then Publisher shall notify Advertiser that any further inserts run pursuant
to this agreement shall be run at a revised rate.Advertiser agrees to pay to Publisher the revised rate for any insertions run after Advertiser has received notice
that the rate has been revised and has been advised of the amount of the revised rate.If the advertiser chooses not to pay the revised rate,then the Advertiser
must so advise Publisher before any additional insertions are run.If the Advertiser gives notice to Publisher that Advertiser will not pay the revised rate,then
this Agreement shall be terminated and the parties shall have no further liability to each other except for amounts owing for advertising run prior to Publisher's
receipt of such notice from Advertiser. Upon contract termination,all advertising will be billed at the appropriate rate card rates.
4. Advertisements are to be inserted in accordance with the Publisher's rules of composition,position,and shape.
5. If the Advertiser specifies position,then the Advertiser agrees to pay the rate for such specific position provided the desired position is available.The
Publisher does not agree to accommodate a request for a specified position.If a specified position requested by an Advertiser is not available,then the
Publisher may position the copy in any position according to the Publisher's rules of composition,position and shape unless the Publisher is notified in writing
by the Advertiser that the copy is to be printed only in the specified position and the Advertiser agrees to pay the applicable rate of any copy printed in other
than the specified position.
6. In the event the Advertiser fails to make payment as agreed,the Publisher and Advertiser agree that Publisher may at any time discontinue the advertising of
Advertiser and cancel this contract.Cancellation of the contract shall in no way affect the obligation of the Advertiser to pay amounts due at the time of
cancellation.
7. In case of omission or error in an advertisement as presented,the Publisher shall not be liable for damages,but in such event the Advertiser's sole remedy
shall be that the Advertiser shall not be liable for the entire cost of the advertisement. The publisher will determine the%of effective cost due to error and
reduce the entire cost of the ad by this%amount. Publisher is the sole judge.
8. Advertising running consecutively will be carried until new copy is furnished or the advertising is ordered suspended.All orders changing copy or suspending
an advertisement must be made in writing.
9. In the event of default or other breach of the Advertiser in the undertaking herein,and suit thereon,Advertiser agrees to pay all attorneys fees and costs
incurred by Publisher.
10. While this contract is in effect,should any conditions arise which affect the cost of newspaper operation such as,imposition by the Government of a sales tax
or increased material or production costs,the Publisher reserves the right to increase the advertising rates named on the reverse side hereof or incorporated,
herein by reference.In such event,however,the Publisher must give the Advertiser at least thirty(30)days'notice thereof and if such increase is not
satisfactory to the Advertiser,then the Advertiser shall have the privilege of canceling this contract.
11. Advertiser represents and warrants that the material provided by Advertiser for publication in accordance with this Agreement is true,accurate,and correct.
Advertiser agrees to indemnify and hold harmless Belo and its directors,officers,agent and employees against and from all claims,exposure,liability,loss,or
damage,including reasonable attomey's fees,alleged to be caused by or arising wholly or in part out of the publication of advertiser's material hereunder.
12. This contract made and entered into under Publisher's current published schedule of rates in effect on the date hereof and by reference such schedule is
expressly made a part hereof.Advertiser assumes responsibility for acquainting Advertiser with such current published schedule of rates and Advertiser
agrees that Advertiser shall be deemed to know such current published schedule of rates.
13. Advertiser agrees to submit to Publisher in writing,all claims of errors in the statement of account submitted by Publisher within thirty(30)days of billing
date.All such claims not submitted shall be considered waived.
14. In the event that Publisher's form"Application for Credit"has been completed and submitted by Advertiser in connection with this contract,Advertiser
warrants that the information contained therein is true and correct,and agrees that the making of any false statements therein constitutes a material breach of
this agreement.
15. Any Application for Credit executed by Advertiser is hereby made a part of this Contract and incorporated herein fully by reference.
16. The Advertiser,and the person signing in Advertiser's behalf if any,warrants they have the authority to make and sign this agreement.
17. The Advertiser agrees to assume liability for and make payment for all advertising published pursuant hereto in the event the Advertiser's business is sold,
merged or otherwise transferred,until such time as a contract is entered into between Publisher and the new owner.
18. Space contracts and frequency contracts are automatically renewed for successive periods of one(1)year rates in effect at time of renewal.Either party may
decline such renewal by written notice to the other thirty days prior to the expiration date of the current contract.One-time frequency contracts will not be
renewed automatically.
CITY OF WYLIE Item No. G.
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: Parks
Prepared By: Jim Holcomb
Account Code No.#: Date Prepared: March 10, 2005
Budgeted Amount: Exhibits: 1
AGENDA SUBJECT:
Consider and act upon award of bid to A New Deal Irrigation for the installation of irrigation systems in Sage
Creek North Park and Cimarron Estates Park in the amount of$51,200.00.
RECOMMENDED ACTION:
Staff recommends award of bid.
SUMMARY:
The 2005 fiscal year budget, as approved by Council, includes funding for the installation of irrigation
systems in Sage Creek North Park and Cimarron Estates Park. The allocation is split between the General
Fund operating budget and the Parks Acquisition and Improvement Fund. The cost of the Sage Creek North
project ($11,356) will be paid from the Parks & Recreation budget line item for Land Betterments (100-5511-
58150). The Parks A& I Fund (line item 121-5623-58150) will cover the Cimarron Estates project ($39,844).
Staff has solicited competitive sealed bids in accordance with Chapter 252 of the Texas Local Government
Code. The following bids have been submitted:
Sage Creek North Cimarron Estates Total
A New Deal Irrigation: $11,356.00 $39,844.00 $51,200.00
Canyon Creek Irrigation $11,795.00 $40,670.00 $52,465.00
Irricon $16,840.00 $41,950.00 $58,790.00
Nature's Outlook of Texas $18,849.65 $63,821.60 $82,671.25
APPROVED BY: Initial Date
Department Director: JH \ 3/10/05
City Manager: MBR \ 3/18/05
AND, INC.
A "NEW DEAL" IRRIGATION
IRRIGATION SPECIALISTS
P.O. BOX 1089 WYLIE,TEXAS 75098 (972)442-4077 FAX(972)442-5527
March 8, 2005
City of Wylie
Purchasing Department
2000 Highway 78 North
Wylie, TX 75098
Project: Sage Creek North Park
Re: Irrigation
As per plans and specifications
TOTAL PROPOSED PRICE $11,356.00
Project: Cimarron Estates Park
Re: Irrigation 1 V-12
As per plans and specifications
TOTAL PROPOSED PRICE $39,844.00
kAii)
.7?"'
7X0eibytir-id 51.ft d►41
31 91oS—
IRRIGATION IN TEXAS IS REGULATED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION P.O. BOX 13087,AUSTIN TEXAS 787 1 1-3087
A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12)to fourteen (14)
hours under normal pressure. If leaks occur, replace joint or joints and repeat test.
B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches
between fittings to insure stability of line under pressure. In each case, leave fittings and
couplings open to visual inspection for full period of test.
3.10 FINAL ADJUSTMENT
After installation has been completed, make final adjustment of sprinkler system in preparation
for final inspection. Completely flush system to remove debris from lines and turning on system.
Check sprinklers for proper operation and proper alignment for direction of flow. Check each
section of spray heads for operating pressure and balance to other sections by use of flow
adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind
conditions may indicate that arch of angle of spray should be other than shown on drawings. In
this case, change nozzles to provide correct coverage.
END OF SECTION
BID SUBMITTAL
TOTAL BID AMOUNT FOR SAGE CREEK NORTH PARK PROJECT: $ I I i Z9S' 00 6 9url174+>J
TOTAL BID AMOUNT FOR CIMMARON ESTATES PARK PROJECT: $ '{0 1170.00 r S 00 F61/144J4;)
BIDDER NAME AND ADDRESS: eil'AlOAI Crag 1 rrIG,TD
106710 Cr R• V tf , 1 ij0,'J 7n440,
AUTHORIZED SIGNATURE: TELEPHONE: 97 Z'' till 2,-075.3
City of Wylie 02810-6 Irrigation
A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12)to fourteen (14)
hours under normal pressure. If leaks occur, replace joint or joints and repeat test.
B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches
between fittings to insure stability of line under pressure. In each case, leave fittings and
couplings open to visual inspection for full period of test.
3.10 FINAL ADJUSTMENT
After installation has been completed, make final adjustment of sprinkler system in preparation
for final inspection. Completely flush system to remove debris from lines and turning on system.
Check sprinklers for proper operation and proper alignment for direction of flow. Check each
section of spray heads for operating pressure and balance to other sections by use of flow
adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind
conditions may indicate that arch of angle of spray should be other than shown on drawings. In
this case, change nozzles to provide correct coverage.
END OF SECTION
BID SUBMITTAL
TOTAL BID AMOUNT FOR SAGE CREEK NORTH PARK PROJECT: $ 76, S 90. bo
TOTAL BID AMOUNT FOR CIMMARON ESTATES PARK PROJECT: $ `?,', 9SD -
BIDDER NAME AND ADDRESS: /i i /G()/V
PC /v . i x 7f-0 4/lc o'
/.
AUTHORIZED SIGNATU . TELEPHONE: 472- 2-6, c 2-3i/9
(5#AH/b 411SGiL,)
l
)qo
City of Wylie 02810-6 Irrigation
A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12)to fourteen (14)
hours under normal pressure. If leaks occur, replace joint or joints and repeat test.
B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches
between fittings to insure stability of line under pressure. In each case, leave fittings and
couplings open to visual inspection for full period of test.
3.10 FINAL ADJUSTMENT
After installation has been completed, make final adjustment of sprinkler system in preparation
for final inspection. Completely flush system to remove debris from lines and turning on system.
Check sprinklers for proper operation and proper alignment for direction of flow. Check each
section of spray heads for operating pressure and balance to other sections by use of flow
adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind
conditions may indicate that arch of angle of spray should be other than shown on drawings. In
this case, change nozzles to provide correct coverage.
END OF SECTION
BID SUBMITTAL
TOTAL BID AMOUNT FOR SAGE CREEK NORTH PARK PROJECT: $ l 8 8 `7 9 •
TOTAL BID AMOUNT FOR CIMMARON ESTATES PARK PROJECT: $ 673 2 I (7°
BIDDER NAME AND ADDRESS: N A L4 C- r-S OAT I-2)bI( of A-S I A)L'-
s �"&i✓a k
y e 1 s
AUTHORIZED SIGNATU — -. TELEPHONE: 9 7 4.1` 6 3 g
8L1 I e ZS
City of Wylie 02810-6 Irrigation
CITY OF WYLIE Item H.
City Secret et H.
Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: Parks and Recreation
Prepared By: Robert Diaz
Account Code No. #: Date Prepared: March 9, 2005
Budgeted Amount: Exhibits: Vendor Registration Form
AGENDA SUBJECT:
Consider and act upon a request from Jason Ridings to use the B.P. Community Center for a"Battle of the
Bands" concert April 1, 2005.
RECOMMENDED ACTION: Approval
SUMMARY:
Jason Ridings, Wylie High School student, approached staff at the community center about having a concert
he could put together with local bands. Jason would want to charge a fee to enter the community center to
watch the concert and he would also want to charge the bands participating. Revenue generated would pay for
use of the facility, rental of equipment, and prizes for participants. Staff recommends that in addition to our
staff, an off-duty police officer be on site during the concert. The off-duty police officer would need to be paid
by the event organizer, Jason Ridings.
At the February 28, 2005 Parks and Recreation Board Meeting, the Board approved the request for Mr. Ridings
to have the concert with the staff stipulation that an off-duty police officer be on site during the event.
APPROVED BY: Initial Date
Department Director: RD \ 3/9/05
City Manager: /IJB \
CITY O Fc/Yl I E
�1 .
CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM
NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION
Name: Jason Ridings Location: Wylie community center
Address: 1008 Lynda Ln Wylie,Tx 75098 Date(s): 4/1/2005
Phone No. (972)442-6797 Start Time 5pm set up and the concert starts at 6 pm
Alternate Phone No.: (214)797-1986 End Time: The concert will end at 10 pm and we will have an hour
of cleanup
Contact Person Name: Number of individuals vending items: 0
Address: Target Audience: 16-19
Phone No.: Anticipated number in attendance at event: 100-120
Alternate Phone No.: Specific items to be sold: tickets for$2.00 as prize for the winning
Emergency Contact Name: Ken Ridings band. All proceeds go to the winning band.
Address: 1008 Lynda Ln Wylie,Tx 75098 I will also be charging the bands$26 to help with the rental and to
Phone No. (214)202-7110 pay for the PA system.
Alternate Phone No.:
Helpful Information
The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center
facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the
vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An
Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers.
Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to
sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within
the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations,
firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are
recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of
specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city.
CITY OF WYLIE Item No. 1
Cuy Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22. 2005 Originating Department: Plannine and Zonine
Prepared By: Claude Thomason
Account Code No. #: Date Prepared: March 9, 2005
Budgeted Amount: Exhibits: _
AGENDA SUBJECT:
Hold a public hearing and consider a change in zoning from Agriculture (A) to Planned Development (PD)
District for single-family residential uses. ZC 2005-04
RECOMMENDED ACTION:
The Planning and Zoning Commission voted 6-1 to recommend approval of the requested rezoning, with the
stipulation that the minimum house size be increased to 2,400 square feet. Approval requires a simple
majority.
SUMMARY:
Owner: Charles Rice Applicant: Skorburg Company
The property totals 185.1449 acres, west of FM 544/South Stone Road and north of Vinson Road.
The property was annexed into Wylie on September 28, 2004.
Notification/Responses—No responses from five (5) notifications mailed.
Comprehensive Plan—
• Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (1 ac lots).
Requested residential density does not comply with the Comprehensive Plan.
• Eliminates 0.4 ac NS(zoned such since 1985), complying with proposed revisions to Comp Plan.
Planned Development zoning is not justified, and the applicant has not demonstrated why development cannot
be accomplished through standard zoning districts. The request offers limited innovations other than
reduction of adopted plan and code requirements, and the property offers no constraints and is of sufficient
size and flexibility to efficiently accommodate the development recommended by the Comp Plan.
APPROVED BY: Initial Date
Department Director: CT 3/9/05
City Manager: A'l4( \ .3A‘Ass—
ORDINANCE NO. 2005-13
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE
ZONING ON THE HEREINAFTER DESCRIBED
PROPERTY, ZONING CASE NUMBER 2005-04, TO
PLANNED DEVELOPMENT (PD) DISTRICT FOR SINGLE-
FAMILY RESIDENTIAL USES; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City
of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the
amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally and to owners of the affected property, the governing body of the
City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be
amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, 1'hXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same
is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter
described property a new zoning classification of Planned Development (PD) District for single-
family residential uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit
"C" attached hereto and made a part hereof for all purposes.
SECTION 2.
That all ordinances of the City in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 3.
That the above described property shall be used only in the manner and for the purposes
provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the
granting of this zoning classification.
Ordinance#2005-13
Zoning Case#2004-05
1
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be
subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same
now exists or is hereafter amended.
SECTION 5.
Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance
be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 6.
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION 7.
The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall
not be construed as abandoning any action now pending under or by virtue of such ordinance;
nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing
or to accrue, nor as effecting any rights of the municipality under any section or provisions of
any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this 22nd day of March, 2005.
By
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Ordinance#2005-13
Zoning Case#2004-05
2
Exhibit "A"
Legal Description
Zone Change#2005-04
BEING a 185.1449 acre tract of land situated in the E.M. Price Survey, Abstract No. 725, the
D.W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099,
and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E.M. Price
Survey, Abstract No. 1114, Dallas County, Texas, said tract being all of a 53.42 acre tract of land
and a 134.33 acre tract of land conveyed by deed to Mrs. Thelma Rice by Lone Star Boat Co.,
recorded in Volume 561, Page 226, Deed Records, Collin County, Texas (D.R.C.C.T.) save and
except parcels take for road rights-of-way and being more particularly described as follows:
BEGINNING at a 1/2" iron rod found for corner and being the intersection of the Westerly line of
said 134.33 acre tract of land with the Northerly line of Vinson Road (a 60' ROW) said
intersection point being at the most easterly corner of Twin Creeks Estates, an addition to the
City of Wylie, recorded in Volume 72, Page 808, Map Records, Dallas County, Texas;
THENCE N 47 degrees 41 minutes 51 seconds West, along an old fence line, and on the Easterly
line of said Twin Creek Estates, a distance of 1276.47 feet to a 1/2" iron rod found for corner;
THENCE N 47 degrees 43 minutes 58 seconds West, continuing along said old fence line, and
on said Twin Creek Estates easterly line, a distance of 360.95 feet to a '/2" iron rod found for
corner;
THENCE northwesterly, along an old fence line, the following three (3) calls:
1. THENCE N 47 degrees 01 minutes 33 seconds West, a distance of 218.23 feet to a '/2"
iron rod found for corner;
2. THENCE N 47 degrees 31 minutes 52 seconds West, a distance of 404.96 feet to a 1/2"
iron rod found for corner;
3. THENCE N 47 degrees 18 minutes 48 seconds West, a distance of 327.40 feet to a'/2"
iron rod found for corner and being the most northerly corner of a tract of land conveyed
by deed to Larry Morgan, recorded in Volume 1449, Page 264, D.R.C.C.T.;
THENCE S 48 degrees 28 minutes 56 seconds West, along a new fence and remains of old
fence, and the Northwesterly line of said Larry Morgan tract of land, a distance of 262.83 feet to
a 3/8" iron rod found for corner;
THENCE S 34 degrees 24 minutes 05 seconds West, continuing on a new fence line and the
Northwesterly line of said Larry Morgan tract of land to a point in an old fence line, a distance of
115.79 feet to a '/2"iron rod set for corner;
Ordinance#2005-13
Zoning Case#2004-05
3
THENCE northerly, along an old fence line and along the meanderings of a creek bluff the
following nine (9) calls:
1. THENCE N 16 degrees 10 minutes 57 seconds West, a distance of 184.51 feet to a 3/8"
iron rod found for corner;
2. THENCE N 10 degrees 56 minutes 33 seconds East, a distance of 60.71 feet to a 3/8"
iron rod found for corner;
3. THENCE N 14 degrees 46 minutes 10 seconds West, a distance of 37.08 feet to a 3/8"
iron rod found for corner;
4. THENCE N 26 degrees 15 minutes 15 seconds West, a distance of 200.07 feet to a 3/8"
iron rod found for corner;
5. THENCE N 23 degrees 31 minutes 48 seconds West, a distance of 56.70 feet to a 3/8"
iron rod found for corner;
6. THENCE S 79 degrees 02 minutes 43 seconds West, a distance of 98.71 feet to a '/2" iron
rod set for corner;
7. THENCE N 14 degrees 51 minutes 31 seconds West, a distance of 228.87 feet to a '/2"
iron rod set for corner;
8. THENCE N 03 degrees 51 minutes 19 seconds W, a distance of 77.26 feet to a '/2" iron
rod set for corner;
9. THENCE N 01 degrees 22 minutes 06 seconds E, a distance of 120.14 feet to an 18" Elm
tree found for corner also serving as fence corner and being a point on the southerly line
of said D. W. Williams Survey;
THENCE easterly, along an old fence line, along the South line of said D.W. Williams Survey,
the following four (4) calls:
1. THENCE S 89 degrees 46 minutes 03 seconds E, a distance of 659.55 feet to a '/2 inch
iron rod set for corner;
2. THENCE S 89 degrees 51 minutes 16 seconds E, a distance of 212.12 feet to a '/2 inch
iron rod found for corner;
3. THENCE S 89 degrees 38 minutes 47 seconds E, a distance of 1135.88 feet to a 3/8" iron
rod found for corner;
4. THENCE S 89 degrees 56 minutes 14 seconds E, a distance of 168.67 feet to a '/2" iron
rod found for corner;
THENCE North, a distance of 532.51 feet to a'/2" iron rod found for corner;
THENCE S 88 degrees 01 minutes 19 seconds E, a distance of 19.78 feet to a 3/8" iron rod
Ordinance#2005-13
Zoning Case#2004-05
4
found for corner and being a point in a Public road;
THENCE North, a distance of 1786.75 feet to a '/2" iron rod found for corner and being a point
on the South line of the A. Atterberry Survey, Abstract No. 23, said point also being the
Northeast corner of a tract of land conveyed by deed to Darlene Ceilley, recorded in Volume
5020, Page 2287, and also being in a tract of land conveyed by deed to Michael Hood, recorded
in County Clerk's File No. 95-0056731, D.R.C.C.T.;
THENCE East along the South line of said A. Atterberry Survey, and along the south line of said
Hood tract of land, a distance of 1220.11 feet to a '/2" iron rod found for corner, and being a point
on the Westerly line of Farm to Market Road 544 (a 90' ROW);
THENCE along the westerly line of said Farm to Market Road 544 the following eight (8) calls:
1. THENCE S 04 degrees 31 minutes 19 seconds E, passing a wooden right-of-way marker
at a distance of 208.24 feet and continuing for a total distance of 211.90 feet to a '/2" iron
rod set for corner and being the beginning of a non-tangent curve to the right having a
central angle of 04 degrees 57 minutes 44 seconds, a radius of 2819.79 feet and a chord
which bears S 02 degrees 02 minutes 28 seconds E, a distance of 244.14 feet;
2. THENCE southeasterly, along the said curve to the right, a distance of 244.21 feet to a
1/2" iron rod found for corner and being the end of said curve;
3. THENCE S 00 degrees 28 minutes 42 seconds W, a distance of 1217.75 feet to a '/2" iron
rod set for corner;
4. THENCE S 00 degrees 52 minutes 55 seconds E, a distance of 108.89 feet to a 3/8" iron
rod found for corner and being the beginning of a cutback line in said Farm to Market
544 westerly line;
5. THENCE S 44 degrees 16 minutes 48 seconds W, a distance of 37.41 feet to a '/2" iron
rod set for corner;
6. THENCE S 00 degrees 52 minutes 55 seconds E, passing the common property line of
said 134.33 acre and 53.42 acre at a distance of 20.00 feet and continuing for a total
distance of 40.00 feet to a '/2" iron rod set for corner;
7. THENCE S 44 degrees 27 minutes 55 seconds E, a distance of 38.48 feet to a'/2" iron rod
set for corner;
8. THENCE S 00 degrees 52 minutes 55 seconds E, a distance of 1926.55 feet to a '/2" iron
rod set for corner;
THENCE S 48 degrees 20 minutes 46 seconds W, a distance of 65.70 feet to a '/2" iron rod set
for corner;
THENCE N 88 degrees 30 minutes 46 seconds E, a distance of 133.60 feet to a '/2" iron rod set
for corner and being a point on a County Public Access Road;
Ordinance#2005-13
Zoning Case#2004-05
5
THENCE S 47 degrees 02 minutes 55 seconds E, along said County Public Road, a distance of
136.82 feet to a '/2" iron rod set for corner;
THENCE S 89 degrees 59 minutes 18 seconds W, along the North line of a tract of land
conveyed by deed to Bill Kreymer in Volume 222, Page 423 of the Deed Records, Dallas
County, Texas, a distance of 372.73 feet to a '/2" iron rod set for corner;
THENCE S 36 degrees 59 minutes 18 seconds W, along the Northwesterly line of a dedicated
portion of Vinson Road and the Northwesterly line of said Kreymer tract of land, a distance of
1094.11 feet to a '/2" iron rod set for corner and being the Northwesterly corner of said Bill
Kreymer tract of land and the Southwesterly corner of said 134.33 acre tract of land;
THENCE N 46 degrees 12 minutes 49 seconds W, crossing Vinson Road, a distance of 175.74
feet to the POINT OF BEGINNING and containing 8,064,912 square feet or 185.1449 acres of
land.
Ordinance#2005-13
Zoning Case#2004-05
6
Exhibit "B"
CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT
Braddock Place
Zoning Case#2005-04
Planned Development Requirements:
I. Statement of Purpose: The purpose of this Planned Development District is to
permit the development of BRADDOCK PLACE.
II. Statement of Effect: This Planned Development shall not effect any regulation
found in the Comprehensive Zoning Ordinance as adopted and amended, except
as specifically provided herein;
III. General Regulations: All regulations providing for a Village Center District as
set forth in Section 3.3 Village Residential Districts of the current Comprehensive
Zoning Ordinance are included by reference and shall apply, except as otherwise
specified under the special provisions hereunder. The conditions contained herein
and the conditions of the current Comprehensive Zoning Ordinance, which are not
amended by this Planned Development, shall constitute all the zoning
requirements applicable to this Planned Development.
Concept Plan: Development shall be in conformance with the Concept Plan attached herewith;
however, in the event of conflict between the Concept Plan and the written conditions of this
ordinance, the written conditions shall apply.
Subsequent Submittals: A Development Plan shall be submitted for public hearing review and
approval of the Planning and Zoning Commission and City Council. The Development Plan
shall conform to the approved Concept Plan and conditions of the Planned Development, and
shall serve as the Preliminary Plat.
IV. Specific Regulations:
i. General Residential Regulations
1. Density: The maximum number of Single Family Dwelling units
permitted in this Planned Development shall not exceed 600 S.F.
Units. In the event the Parks Department accepts the proposed Park
depicted on the Zoning Exhibit the maximum number of units shall be
reduced to 500 units. In the event Wylie ISD elects to construct a
school on the proposed school site depicted on the Zoning Exhibit, the
maximum number of units shall be reduced to 560 units. In the event
the school and park are both developed according to the Zoning
Exhibit, the maximum number of units shall be 460.
2. Lot Mix: A minimum of 10% of the Single Family Lots will be in
excess of 12,000 sf. A minimum of 60% of the Single Family Lots will
be 10,000 sf or greater. No Single Family lot shall be less than 7,500.
For the purposes of determining these percentages, all calculations
shall be on a cumulative basis.
3. Alleys shall not be required as part of this Planned Development.
However, no garages shall face the street in front of each Single
Family Lot. This can be accomplished either through swing driveways
or alleys. However, when three car garages are constructed on a lot
and a "2&1" configuration is used, the single car door may face the
street. Garages may face the street on a corner lot side yard.
4. Distribution of the Single Family Dwelling Unit types shall be
distributed within the development as shown on the Development
Plan/Preliminary Plat submitted with each phase.
ii. Single Family
1. Lot Area: The minimum permitted lot areas are:
a. Lot Type "A": 10,000 s.f
b. Lot Type `B": 7,500 s.f.
2. Lot Width: The minimum permitted lot widths (measured at the
building line) are:
a. Lot Type"A": 70 feet
b. Lot Type`B": 65 feet
3. Lot Width of Corner Lots: The minimum lot widths of corner lots
(measured at the building line) are:
a. Lot Type "A": 75 feet
b. Lot Type `B": 70 feet
4. Lot Depth: The minimum permitted lot depths are:
a. Lot Type "A": 100 feet
b. Lot Type `B": 100 feet
5. Lot Depth in Double Front Lots: The minimum permitted lot depths on
double front lots are:
a. Lot Type "A": 120 feet
b. Lot Type `B": 120 feet
6. Minimum Dwelling Unit Square Frontage: The minimum permitted
square footage is 2400 s.f.
7. Main Structure Front Yard: The minimum Front Yard Setbacks are:
a. Lot Type"A": 25 feet
b. Lot Type `B": 20 feet
8. Main Structure Side Yard: The minimum permitted side yards
(measured at the building line) are:
a. Lot Type "A": 10% lot width
b. Lot Type "B": 10% lot width
9. Main Structure Side yard on Corner Lot: The minimum permitted side
yard setbacks adjacent to a street are:
a. Lot Type "A": 15 feet
b. Lot Type`B": 15 feet
10. Main Structure Rear Yard: The minimum permitted rear yards shall
be the lesser of:
a. Lot Type "A": 20 feet
b. Lot Type `B": 20 feet
11. Main Structure Rear Yard on Double Front Lots: The minimum
permitted rear yards on double front lots are:
a. Lot Type "A": 30 feet
b. Lot Type`B": 30 feet
12. Main Structure Height: The maximum building height of any
residential main structure shall not exceed 36 feet on all lot types.
13. Permitted uses: Permitted in all Single Family Residential Districts
shall include the uses specified in the SF 8.5/17 District.
14. Accessory Structure Front Yard: Accessory structures shall be located
behind the building line of the main structure for all lot types.
15. Accessory Structure Side Yard: The minimum permitted side yard for
accessory structures shall be 5 feet for all lot types.
16. Accessory Structure Rear Yard: The minimum permitted rear yard for
accessory structures shall be 10%of the lot depth for all lot types.
17. Accessory Structure Rear Yard on Double Front Lots: The minimum
permitted rear yard for accessory structures on double front lots shall
be 25 feet for all lot types.
18. Accessory Structure Side Yard on Corner Lots: The minimum
accessory structure side yards on corner lots are 10 feet for all lots.
19. Accessory Structure Minimum Distance from Main Building: The
minimum separation between the main building and an accessory
building shall be 5 feet for all lot types.
20. Accessory Structures Building Area: The maximum cumulative
building size for accessory structures on any lot shall not exceed a 600
s.f. maximum. This does not limit amenity centers that are part of a
single family development.
21. Accessory Structure Height: The maximum building height of any
accessory structure shall not exceed a maximum height of 36 feet or 2
stories on all lot types.
V. Single Family Base and Desirable Requirements of the Village Residential
District (Figure 3-14) shall apply fully to all phases of the Planned Development.
1.A landscaped berm and split rail fence shall be allowed along FM 544 in
place of the required masonry screening wall. The berm shall be planted with a
combination of hardwood and evergreen trees, irrigated by an underground
system, and grassed with Bermuda, buffalo, or a rye/Bermuda mix. All open
space areas will be maintained by the HOA.
VI. Common Area Platting: All street medians, green belts and common areas not
dedicated to the City must be maintained by the HOA, and shall be clearly
delineated as such and the acreage shown for each common area on the final
subdivision plat.
VII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in.
caliper or larger) possible, a tree management plan provided by the owner as
preserves at least 25% of the riparian tree cover shall be approved by the director
of planning prior to commencement of any grading or infrastructure or
improvements within the area of this Planned Development.
VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Rice
farm, as indicated by the existing fence line trees, the developer shall preserve all
hardwood trees with a caliper of 8 inches or greater located within an edge zone
that extends 3 feet from perimeter property line.
IX. Screening and Landscape: A screening and landscape berm with split rail fence
shall be provided along FM 544 in lieu of the brick screening wall . The berm
shall have a sculpted, undulating form. A conceptual landscape plan to be
provided with the Preliminary Plat.
X. Transition Zone: In an effort to make a land use transition from the existing
homes in the Twin Creek Ranch Subdivision, the developer shall establish an
edge, one lot deep, of lots along the south western property line of this
development that have a minimum lot size of 10,000 square foot and a minimum
house size of 2,400 sf. In an effort to make a land use transition from the existing
Pulliam residence north of the Property, the developer shall: (1)Establish an edge,
one lot deep, of lots along the northern property line of this development that have
a minimum lot size of 12,000 square foot and a minimum house size of 2,400 sf.
and (2) Create a thirty foot (30') landscape buffer between the Pulliam property
and Braddock Place that will be planted with evergreen trees thirty feet (30') on
center along the edge of the property.
XI. Homeowners Association: Prior to the issuance of a certificate of occupancy for
any dwelling unit, a set of bylaws and/or other restrictive and appropriate
covenants and/or homeowner's agreement as approved by the City Attorney and
duly recorded in the Deed Records of Collin County, to establish and maintain a
Homeowner's Association for the ownership and maintenance of all non-
dedicated common areas and improvements within the Planned Development
District, shall be filed with the Building Inspections Department.
XII. Amenity Centers: The developer will construct an amenity center in the
Subdivision. The amenity center will feature a pool, playground, and cabana.
The amenity centers will be for the residents of Braddock Place only and be
maintained by the HOA.
XIII. The Developer of the Braddock Place has met with the Wylie Independent School
District and discussed the following terms for an elementary school site in
Braddock Place:
i. A mutually agreeable site within Braddock Place.
ii. The exact size, location, and circulation pattern shall be shown on the
Development Plan submittal for that portion of the Planned Development.
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SUBJECT ! !
• !'PROPERTY i i
<Y % .1 BERM DETAIL 30' OPEN SPACE WITH ;j
E' \'�• NTS I CEDARS • 30' 0.C. j 1
VICINITY MAP {jj (OR OTHER EVERGREENS) t
INTS I l ►t i !
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POTENTIAL
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I IN I f I-o ! E SCHOOL SITE % / ';+.,,�;e i
I 25' FRONT I� ( 20' FRONT I^ Latt.DRI
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----.-: - -� - -= }.._.•. i%i I TYPE A TYPE Bp/i.,_..+._._•_._._-_.�'' :j
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TYPICAL LOT DIMENSIONS PARK . x+i!
NTS i t ` 4 i l
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* A MINIMUM OF 60% OF THE TOTAL LOTS MUST y' r ✓ " '.-.---1 411
BE 10,000 SF, OR TYPE 'A' LOTS. •
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* MAXIMUM HEIGHT • 36 FT i ._..1- ili ! !I'
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T DALLAS COUNT ' .., s O W I ..I.._._.L
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1. ALL COMMON AREAS, INCLUDING BERMS ALONG FM 544, ARE •
�T'',, v '''�"O
TO BE MAINTAINED BY HOA. '9
2. 10•f. OF THE TOTAL LOTS WITHIN THE SUBDIVISION SHALL BE ' G •;" �i ,' "
A MINIMUM OF 12,000 SF. '`-\ 4k. I
3. MINIMUM LOT SIZES OF 12,000 SF SHALL BE REQUIRED ADJACENT . `j' /
TO THE 30' OPEN SPACE AT THE NORTH EDGE OF THE TRACT. ,' .___' ___A' 400' 800'
4. MINIMUM LOT SIZES OF 10,000 SF SHALL BE REQUIRED ALONG '
THE SOUTHWESTERN PROPERTY LINE OF THE TRACT. i . I I
SCALE: I' s 400'
PREPARED FOR: PREPARED BY: BRADDOCK PLACE
SKORBURG COMPANY KENNEDY CONSULTING, INC. ZONING EXHIBIT
3838 OAK LAWN AVE., SUITE 1212 808 S. COLLEGE ST., SUITE 300 :185.2 ACRE TRACT
DALLAS, TX 75219 214-522-4945 MCKINNEY, TX 75069 972-542-1754 WYLIE, TEXAS
NOTIFICATION REPORT
APPLICANT: Ryan Betz of Skorburg Company APPLICATION FILE #2005-04
3838 Oak Lawn Dallas, Texas 75220
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant- Ryan Betz 3838 Oak Lawn
1 Skorburg Company Dallas, Texas 75220
Dallas County PO Box 9790
2 Abst 1114 --- 65111431510050000 CMH Parks Inc. Maryville, TN 37802-9790
210 S. McDonald Street
3 FM 544 Collin Co. Commissioner's Court McKinney, Texas 75069
210 S. McDonald Street
4 Elm Drive Collin Co. Commissioner's Court McKinney, Texas 75069
Allen Clemson 411 Elm Street, 2nd Floor
5 Vinson Road Dallas County Commissioners Court Administrator Dallas, Texas 75202
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CITY OF WYLIE Item No. 2
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: Parks and Recreation
Prepared By: Robert Diaz
Account Code No.#: Date Prepared: March 9, 2005
Standards of Care, Memo,
Budgeted Amount: Exhibits: Ordinance
AGENDA SUBJECT:
Hold a Public Hearing and consider and act upon an Ordinance adopting the Standards of Care for Youth
Programs.
RECOMMENDED ACTION:
Staff recommends approval.
SUMMARY:
Since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and
adopted as an ordinance. The ordinance and Standards of Care provides the necessary guidelines for the
regulation of the summer youth program,the Wylie Wave, as legislated by the Texas Senate Bill 212, Section
42.041 (b)(14).
APPROVED BY: Initial Date
Department Director: RD \ 3/ /05
City Manager: \ /6 4T
City of Wylie
Parks and Recreation
Department
Memo
To: Office of the City Manager
From Robert Diaz,Assistant Superintendent
Date: 3/3/2005
Re: Adoption of Standards of Care for Wylie Youth Programs
In order to establish youth programs, it will be necessary for the Wylie City Council to adopt an
ordinance establishing a standards of care for youth programs that complies with the 1995 Senate Bill
212.
The Senate Bill 212 states the following:
Section 42.041 (b)(14)
Elementary age(ages 5-13)recreation programs operated by a municipality; provided the
governing body of the municipality annually adopts standards of care by ordinance after a
public hearing for such programs and that such standards are provided to the parents of each
program participant. Such ordinances shall include at a minimum,staff ratios, minimum staff
qualification, minimum facility and safety standards, and mechanisms for monitoring and
enforcing the adopted local standards,further, provided that parents be informed the program
is not licensed by the state and the program not be advertised as a childcare facility.
The above legislation determines that the City will become exempt from any licensing from the Texas
Department of Protective and Regulatory Services if the standards of care establishes the following:
1. Staff Ratios
2. Minimum Staff Requirements
3. Minimum facility, health,and safety standards
4. Monitoring and enforcement mechanisms for adopted local standards
5. A process to notify parents that the program is not licensed by the State
6. A policy that the program will not be advertised as a childcare facility
I am submitting a copy of the standards of care that will comply with the Senate Bill 212 and be a
standard that will be used for all youth programs run by the Wylie Parks and Recreation Department.
•Page 1
ORDINANCE NO.2005-XX
AN ORDINANCE OF THE CITY OF WYLIE ADOPTING
STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH
PROGRAMS.
WHEREAS, the City of Wylie will be establishing a history of providing youth
programs that contribute to the overall well being of Wylie youth and families; and
WHEREAS, a hearing before the City Council was set for March 22, 2005, such date
being at least 7 days after publication of the notice of such public hearing; said notice appearing
in the Wylie News on March 16, 2005; and
WHEREAS, the intent of the City is to adopt Standards of Care for its youth programs
that fulfill the requirements of Senate Bill 212 as it amends Section 42.041 of the Texas Human
Resource Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
Section 1. The Wylie Youth Programs' Standards of Care as detailed in Attachment "A"
are hereby adopted.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 22nd day of March, 2005.
Mayor
Attest:
City Secretary
Date of publication in The Wylie News-March 16,2005
Ordinance No.2005-XX
Standards of Care for Wylie Youth Programs
STANDARDS OF CARE
WYLIE YOUTH PROGRAMS
The following Standards of Care will be adopted by the City Council of the City of
Wylie, Texas in order to comply with Senate Bill 212 as approved by the Texas
Legislature during the 74th legislative session. The Standards of Care are intended to be
minimum standards by which the City of Wylie Parks and Recreation Department will
operate the City's Youth Programs. The programs operated by the City are recreational in
nature and are not day care programs licensed by the State of Texas.
GENERAL ADMINISTRATION
1. Organization
A. The governing body of the City of Wylie Youth Programs is the Wylie
City Council.
B. Implementation of the Youth Programs Standards of Care is the
responsibility of the Parks and Recreation Department Managing Director
and Departmental employees.
C. Youth Programs ("Program")to which these Standards of Care will apply
is the Wylie Wave Summer Youth Program.
D. Each Youth Program site will have available for public and staff review a
current copy of the Standards of Care.
E. Parents of participants will be provided a current copy of the Standards of
Care during the registration process.
F. Criminal background checks will be conducted on prospective Youth
Program employees. If results of that criminal check indicate that an
applicant has been convicted of any of the following offenses, he or she
will not be considered for employment:
(1) a felony or a misdemeanor classified as an offense against a person
or family;
(2) a felony or misdemeanor classified as public indecency;
(3) a felony or misdemeanor violation of any law intended to control
the possession or distribution of any controlled substance;
(4) any offense involving moral turpitude;
1
(5) a felony or misdemeanor classified as DWI (driving while
intoxicated) or DUI (driving under the influence);
(6) any offense that would potentially put youth participants or the
City of Wylie at risk.
2. Definitions
A. City: City of Wylie
B. City Council: City Council of the City of Wylie
C. Department: Parks and Recreation Department of the City of Wylie
D. Youth Programs or Program: City of Wylie Youth Programs consisting of
the Wylie Wave Summer Youth Program and future youth programs.
E. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Wylie Youth
Programs.
F. Director: City of Wylie Community Services Director or his or her
designee.
G. Assistant Superintendent: City of Wylie Parks and Recreation Department
full-time employee who has been assigned administrative oversight
responsibility for the City's Youth Programs.
H. Program Coordinator: City of Wylie Parks and Recreation Department
full-time Recreation Supervisor has been assigned administrative
responsibility for the Wylie Wave Summer Youth Program.
I. Site Supervisor, Assistant Site Supervisor and Program Leader: City of
Wylie Parks and Recreation Department seasonal part-time employees
who have been assigned responsibility to implement the City's Youth
Programs.
J. Program Site: Area and facilities where Wylie Youth Programs are held
consisting of a Wylie Independent School District(W.I.S.D.) facility (i.e.
Burnett Jr. High).
K. Participant: A youth whose parent(s)have completed all required
registration procedures and determined to be eligible for a Wylie Youth
Program.
2
L. Parent(s)/Legal Guardian: This term will be used to represent one or both
parent(s) or adults who have legal custody and authority to enroll their
child(ren) in the Wylie Youth Programs.
M. Employee(s): Term used to describe people who have been hired to work
for the City of Wylie and have been assigned responsibility for managing,
administering, or implementing some portions of the Wylie Youth
Programs.
3. Inspections/Monitoring/Enforcement
A. A monthly inspection report will be initiated by the Site Supervisor of
each Program to confirm the Standards of Care are being adhered to.
(1) Inspection reports will be sent to the Assistant Superintendent for
review and kept on record for at least two years.
(2) The Assistant Superintendent will review the report and establish
deadlines and criteria for compliance with the Standards of Care.
B. The Assistant Superintendent will make visual inspections of the Program
based on the following schedule:
The Wylie Summer Youth Program will be inspected twice during
its summer schedule.
C. Complaints regarding enforcement of the Standards of Care will be
directed to the Coordinator. The Coordinator will be responsible to take
the necessary steps to resolve the problems. The Assistant Superintendent
will record complaints regarding enforcement of the Standards of Care and
their resolution. Serious complaints regarding enforcement of the
Standards of Care will be addressed by the Director of Community
Services (or their designee) and the complaint and the resolution will be
noted.
D. The Assistant Superintendent will make an annual report to the City
Council on the overall status of the Youth Programs and their operation
relative to compliance with the adopted Standards of Care.
3
4. Enrollment
A. Before a child can be enrolled, a parent/legal guardian must sign
registration forms that contain the child's:
(1) name, address, home telephone number;
(2) name and address of parents and telephone number during
Program hours;
(3) the names and telephone numbers of people to whom the child can
be released;
(4) a statement of the child's special issues or needs;
(5) emergency medical authorization;
(6) proof of residency when appropriate; and
(7) a liability waiver.
5. Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance
with the Texas Family Code. In the case where a City employee is involved in an
incident with a child that could be construed as child abuse, the incident must be
reported immediately to the Recreation Supervisor. The Superintendent will
immediately notify the Police Department and any other agency as may be
appropriate.
Texas state law requires the staff of these youth programs to report any suspected
abuse or neglect of a child to the Texas Department of Protective and Regulatory
Services or a law enforcement agency. Failure to report suspected abuse is
punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential
reports may be made by calling 1-800-252-5400.
4
STAFFING -RESPONSIBILITIES AND TRAINING
6. Youth Program Coordinator("Coordinator") Qualifications
A. Coordinators will be full-time, professional employees of the Wylie Parks
and Recreation Department and will be required to have all Program
Leader qualifications as outlined in Section 7 of this document.
B. Coordinators must be at least 21 years old.
C. Coordinators must have a bachelor's degree from an accredited college or
university. Acceptable degrees include:
(1) Recreation Administration or General Recreation;
(2) Physical Education; or
(3) Any other comparable degree plan that would lend itself to
working in a public recreation environment.
D. Coordinators must have two years experience planning and implementing
recreational activities.
E. Coordinators must pass a background investigation including testing for
illegal substances.
F. Coordinators must have successfully completed a course in first aid and
Cardio Pulmonary Resuscitation(CPR) based on either American Heart
Association or American Red Cross standards.
G. Coordinator must be able to furnish proof of a clear tuberculosis test
within 12 months prior to their employment date.
7. Coordinator's Responsibilities
A. Coordinators are responsible to recommend for hire, supervise, and
evaluate the Site Supervisor, Asst. Site Supervisors and Program Leaders.
B. Coordinators are responsible to plan, implement, and evaluate programs.
5
8. Youth Program Leader/Site Supervisor/Assistant Site Supervisor("Leader")
Qualifications
A. Leaders will be part-time or temporary employees of the Parks and
Recreation Department.
B. Leaders working with children must be age 16 or older; however, each site
will have at least one employee 18 years old or older present at all times.
C. Leaders should be able to consistently exhibit competency, good
judgement, and self-control when working with children.
D. Leaders must relate to children with courtesy, respect,tolerance, and
patience.
E. Leaders must have successfully completed a course in first aid and CPR
based on either American Heart Association or American Red Cross
standards. An exception can be made for no more than one staff person at
each site, and that person shall successfully complete a first aid and CPR
course within four weeks of starting work.
F. Leaders must pass a background investigation including testing for illegal
substances.
G. Leaders must be able to furnish proof of a clear tuberculosis test
within 12 months prior to their employment date.
9. Leader Responsibilities
A. The Site Supervisor is responsible to administer the Programs' daily
operations in compliance with the adopted Standards of Care.
B. Leaders will be responsible to provide participants with an environment in
which they can feel safe, can enjoy wholesome recreation activities, and
can participate in appropriate social opportunities with their peers.
C. Leaders will be responsible to know and follow all City, Departmental,
and Program standards,policies, and procedures that apply to Wylie
Youth Programs.
D. Leaders must ensure that participants are released only to a parent or an
adult designated by the parent. All Program sites will have a copy of the
Department approved plan to verify the identity of a person authorized to
pick up a participant if that person is not known to the Leader.
6
10. Training/Orientation
A. The Department is responsible for providing training and orientation to
Program employees in working with children and for specific job
responsibilities. Coordinators will provide each Leader with a Program
manual specific to each Youth Program.
B. Program employees must be familiar with the Standards of Care for Youth
Program operation as adopted by the City Council.
C. Program employees must be familiar with the Program's policies including
discipline, guidance, and release of participants as outlined in the Program
Manual.
D. Program employees will be trained in appropriate procedures to handle
emergencies.
E. Program employees will be trained in areas including City, Departmental,
and Program policies and procedures,provision of recreation activities,
safety issues, child psychology, and organization.
F. Program employees will be required to sign an acknowledgement that they
received the required training.
OPERATIONS
11. Staff-Participant Ratio
A. In a Wylie Youth Program,the standard ratio of participants to Leaders
will be 15 to 1. In the event a Leader is unable to report to the Program
site, a replacement will be assigned.
B. Each participant shall have a Program employee who is responsible for
him or her and who is aware of the participant's habits, interests, and any
special problems as identified by the participant's parent/legal guardian
during the registration process.
12. Discipline
A. Program employees will implement discipline and guidance in a consistent
manner based on the best interests of Program participants.
B. There must be no cruel or harsh punishment or treatment.
7
C. Program employees may use brief, supervised separation from the group if
necessary.
D. As necessary, Program employees will initiate discipline reports to the
parent/legal guardian(s) of participants. Parent/legal guardian(s)will be
asked to sign discipline reports to indicate they have been advised about
specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed
in the Program Manual may result in a participant being suspended from
the Program.
F. In instances where there is a danger to participants or staff, offending
participants will be removed from the Program site as soon as possible.
13. Programming
A. Program employees will attempt to provide activities for each group
according to the participants' ages, interests, and abilities. The activities
must be appropriate to participants'health, safety, and well being. The
activities also must be flexible and promote the participants' emotional,
social, and mental growth.
B. Program employees will attempt to provide that indoor and outdoor time
periods include:
(1) alternating active and passive activities;
(2) opportunity for individual and group activities; and
(3) outdoor time each day weather permits.
C. Program employees will be attentive and considerate of the participants'
safety on field trips and during any transportation provided by the
Program.
(1) During trips, Program employees supervising participants must
have immediate access to emergency medical forms and
emergency contact information for each participant.
(2) Program employees must have a written list of the participants in
the group and must check the roll frequently.
(3) Program employees must have first aid supplies and a guide to first
aid and emergency care available on field trips.
8
14. Communication
A. Each Program site will have a pager/cell phone to allow the site to be
contacted by City personnel, and each site will have access to a telephone
for use in contacting the City personnel or making emergency calls.
B. The Program Site Supervisor will post the following telephone numbers
adjacent to a telephone accessible to all Program employees at each site:
(1) Wylie emergency medical services and police department.
(2) Numbers at which parents/staff may be reached; and
(3) The telephone number for the site itself.
15. Transportation
A. Before a participant may be transported to and from city sponsored
activities, a transportation form, completed by the parent/legal guardian of
the participant must be filed with the Program Site Supervisor.
B. First aid supplies and a first aid and emergency care guide will be
available in all Program vehicles that transport children.
C. All Program vehicles used for transporting participants must have
available a 6-BC portable fire extinguisher which will be installed in the
passenger compartment of the vehicle and must be accessible to the adult
occupants.
9
FACILITY STANDARDS
16. Safety
A. Program employees will inspect Program sites daily to detect sanitation
and safety concerns that might affect the health and safety of the
participants. A daily inspection report will be completed by Program
employees and kept on file by the Coordinator.
B. Buildings, grounds, and equipment on the Program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants' use.
D. Program employees must have first aid supplies and a first aid and
emergency care guide readily available to staff at each site, during
transportation to an off-site activity, and for the duration of any off-site
activity.
E. Program air conditioners, electric fans, and heaters must be mounted out
of participants'reach or have safeguards that keep participants from being
injured.
F. Program porches and platforms more than 30 inches above the ground
must be equipped with railing participants can reach.
G. All swing seats at Program sites must be constructed of durable,
lightweight, relatively pliable material.
17. Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program
employees' first priority is to evacuate the participants to a designated safe
area.
B. The Program site will have an annual fire inspection by the local Fire
Marshall, and the resulting report will detail any safety concerns observed.
The report will be forwarded to the Assistant Superintendent who will
review and establish deadlines and criteria for compliance. Information
from this report will be included in the Assistant Superintendent's annual
report to the Council.
C. Each Program site must have at least one fire extinguisher approved by the
Fire Marshal readily available to all Program employees.
10
D. Fire drills will be initiated at Program sites based on the following
schedule:
(1) Wylie Wave Summer Youth Program: A fire drill twice during the
session.
18. Health
A. Illness or Injury
(1) A participant who is considered to be a health or safety concern to
other participants or employees will not be admitted to the
Program.
(2) Illnesses and injuries will be handled in a manner to protect the
health of all participants and employees.
(3) Program employees will follow plans to provide emergency care
for injured participants with symptoms of an acute illness as
specified in the Program manual.
(4) Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of
any participant after a communicable disease.
B. Program employees will administer medication only if:
(1) Parent/Legal Guardian(s) complete and sign a medication form that
provides authorization for staff to dispense medication with details
as to time and dosages. The form will include a hold harmless
clause to protect the City.
(2) Prescription medications are in the original containers labeled with
the child's name, date, directions, and the physician's name.
Program employees will administer the medication only as stated
on the label. Program employees will not administer medication
after the expiration date.
(3) Nonprescription medications are labeled with the child's name and
the date the medication was brought to the Program.
Nonprescription medication must be in the original container.
Program employees will administer it only according to label
direction.
11
(4) Medication dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program
employees. No injections will be administered by the Program
employees.
(5) Program employees must ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the
refrigerator(when available), medications will be kept separate
from food.
C. Toilet Facilities
(1) The Program site will have inside toilets located and equipped so
children can use them independently and Program staff can
supervise as needed.
(2) There must be one flush toilet for every 30 children. Urinals may
be counted in the ratio of toilets to children,but they must not
exceed 50%of the total number of toilets.
(3) An appropriate and adequate number of lavatories will be
provided.
D. Sanitation
(1) The Program facilities must have adequate light, ventilation, and
heat.
(2) The Program must have an adequate supply of water meeting the
standards of the Texas Natural Resource Conservation
Commission for drinking water and ensure that it will be supplied
to the participants in a safe and sanitary manner.
(3) Program employees must see that garbage is removed from
buildings daily.
12
CITY OF WYLIE Item No. 3.
Ciry Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: 03-22-05 Originating Department: Police Department
Prepared By: Jeff Butters
Account Code No. #: Date Prepared: 03-01-05
Budgeted Amount: Exhibits: Proposed Ordinance
AGENDA SUBJECT: Consider and act upon an Ordinance repealing Ordinance Nos. 77-5 and 95-8; regulating and
defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and persons selling or taking orders for
goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines;
providing for a permit or certificate of registration and applicable fees.
RECOMMENDED ACTION:Approval
SUMMARY: The proposed Handbill/Solicitation Ordinance addresses several issues that the current
"Peddlers and Solicitors" and "Handbills" ordinances did not adequately address.
The Ordinances were also combined because of their relationahip to one another and for convenience of
reference.
HANDBILLS
The proposed ordinance has the following changes:
+Better defines handbills by including and defining religious and political handbills.
+Requires a permit to distribute handbills
+ Sets the time allowed to distribute handbills from 9 a.m. — 7 p.m.
+Will not allow someone to get one type of handbill permit (religious) and distribute a different type
of handbill (commercial) using the same permit.
+Prevents handbills from being distributed in uninhabited houses.
+Prevents children under age 13 from distributing handbills unless supervised by an adult.
+Requires handbills to have the name, address, and phone number of the sponsor.
+Eliminates distributing handbills from public right of way.
APPROVED BY: Initial Date
Department Director: JB \ 3/1/0
City Manager: ,t/d, \ 3 7! j
1
AGENDA SUBJECT: Consider and act upon an Ordinance repealing Ordinance Nos. 77-5 and 95-8; regulating and
defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and persons selling or taking orders for
goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines;
providing for a permit or certificate of registration and applicable fees.
SUMMARY: (Continued)
SOLICITATION
The proposed ordinance has the following changes:
+ Solicitation is more broadly defined.
+ Changes solicitation hours from 9 a.m. — 9 p.m. to 9 a.m. — 7a.m.
+Permitting responsibility is changed from the City Secretary to the Police Chief.
+ Allows us to issue permits for time periods of less than one year.
+Makes it unlawful to solicit for purposes other than those stated in the certificate of registration.
+Makes it unlawful for solicitors to indicate that the permit constitutes an endorsement or approval by the
City.
+Makes it unlawful to solicit at residences where residents have posted a NO SOLICITING card or sign.
+Makes it unlawful to peddle, solicit, sell or exhibit merchandise in public right-of-way.
+ Child solicitors under age 13 must be supervised.
+Details grounds for denial of a permit.
+Details an appeals process for denied permits.
+Exempts the regular delivery or selling of newspapers.
+ Defines Non-Profit Charitable organizations.
+Waves the registration statement and fee for charitable non-profits such as Girl Scouts.
+ The registration statement requires much more information than our current application.
+Raises the permit fee from, $30 for the first application and $15 for subsequent applications, to $75 per
application (non-refundable).
2
ORDINANCE NO.2005-XX
AN ORDINANCE OF THE CITY OF WYLIE REPEALING ORDINANCE
NOS. 77-5 AND 95-8; REGULATING AND DEFINING ITINERANT
MERCHANTS, ITINERANT VENDORS, SOLICITORS, HANDBILL
DISTRIBUTORS AND PERSONS SELLING OR TAKING ORDERS FOR
GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS,
NEWSPAPERS,MAGAZINES OR SUBSCRIPTIONS TO NEWSPAPERS OR
MAGAZINES; PROVIDING FOR A PERMIT OR CERTIFICATE OF
REGISTRATION AND APPLICABLE FEES; PROVIDING EXCEPTIONS
THERETO; PROVIDING PENALTIES FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR SEVERABILITY, REPEALING AND
SAVING CLAUSES; PROVIDING FOR THE PUBLICATION OF THIS
CAPTION HEREOF AND PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has
investigated and determined that it will be advantageous, beneficial and in the best interest of the
citizens of the City of Wylie, Texas ("Wylie") to prevent potential traffic hazards resulting from
unauthorized use of the public right-of-way and city property;
WHEREAS,the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to avoid loitering and keep the right-of-way
clear from unauthorized activity to prevent citizens from feeling threatened or being distracted by
persons located outside their vehicle while driving as a means of crime prevention and to prevent
accidents;
WHEREAS,the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to avoid and prevent littering within the
city;
WHEREAS,the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to avoid loitering and unwanted solicitation
or visitors on private property to prevent citizens from feeling threatened while on private property
and as a means of crime prevention;
WHEREAS,the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to avoid certain obstructions in the right-of-
way that may interfere with emergency services;
WHEREAS,the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to insure a noncommercial atmosphere in
residential areas;
WHEREAS, there are many locations throughout Wylie that are zoned for commercial
activity or are a public forum for expression;
WHEREAS,the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to create appropriate and orderly
commercial and residential atmospheres;
WHEREAS,the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to maintain the privacy of the home and
limit what an occupant must be unwillingly exposed to relative to the enjoyment of the investment
made in the home;
WHEREAS,the City Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Wylie to enhance property values and
psychological well-being for individuals and families;
WHEREAS, Wylie has complied with all notices and public hearings as required by law;
and
WHEREAS,the City Council has investigated and determined that it would be
advantageous and beneficial to Wylie and its inhabitants to repeal Ordinance Nos. 77-5 and 95-8.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
ARTICLE I
GENERAL PROVISIONS
SECTION 1: FINDINGS INCORPORATED.
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2: ORDINANCE NOS. 77-5 AND 95-8 REPEALED.
Wylie Ordinance Nos. 77-5 and 95-8 are repealed in their entirety and replaced by this
Ordinance for the sole purpose of consolidating the rules and regulations relating to solicitation and
the distribution of handbills. The effective date of the repeal discussed in this Section shall not occur
until the effective date of this Ordinance at which time Ordinance Nos. 77-5 and 95-8 shall be
repealed. Such repeal shall not abate any pending prosecution and/or lawsuit or prevent any
prosecution and/or lawsuit from being commenced for any violation of Ordinance Nos. 77-5 and
95-8 occurring before the effective date of this Ordinance.
2
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
SECTION 3: DEFINITIONS.
A. The following words and phrases, when used in this Ordinance, shall have the
meaning ascribed to them by this Section:
1. Business day means any calendar day except Saturday, Sunday or any local,
state, or national holiday.
2. Charitable purpose shall mean philanthropic, religious or other nonprofit
objectives,including the benefit of poor,needy,sick,refugee or handicapped
persons; the benefit of any church or religious society, sect, group or order;
the benefit of a patriotic or veterans' association or organization;the benefit
of any fraternal,social or civil organization,or the benefit of any educational
institution. "Charitable purpose"shall not be construed to include the direct
benefit of the individual making the solicitation or construed to include the
benefit of any political group or political organization which is subject to
financial disclosure under state or federal law.
3. City or Wylie means the City of Wylie, Texas.
4. City Manager means the City Manager of the City of Wylie,Texas,or his/her
designee.
5. Consumer means an individual who seeks or acquires real or personal
property, services, money, or credit for personal, family or household
purposes.
6. Consumer transaction means a sales transaction in which one(1)or more of
the parties is a consumer.
7. Handbill means and includes any printed or written matter, any sample or
devise,dodger,circular,leaflet,pamphlet,paper,booklet,or any other printed
or otherwise reproduced original copies of any matter or literature,except for
religious handbills or political handbills.
8. Handbill,political means any handbill containing exclusively political speech
as the term "political speech" is generally defined under the legal
jurisprudence of the State of Texas and the United States of America.
9. Handbill, religious means any handbill containing exclusively religious
speech as the term "religious speech" is generally defined under the legal
jurisprudence of the State of Texas and the United States of America.
3
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
10. Handbill distributor means and includes any person engaging or engaged in
the business for hire or gain of distributing handbills,other than newspapers
distributed to subscribers thereof, and any person receiving compensation
directly or indirectly for the distribution of such handbills.
11. Handbill sponsor means and includes any person, firm or corporation who
utilizes handbills as a medium of advertising or spreading a message.
12. Home solicitation transaction means a consumer transaction for the purchase
of goods, services, or realty,payable in installments or in cash, in which the
merchant engages in a personal solicitation of the sale to the consumer at a
residence,in person or by telephone,and the consumer's agreement of offer
to purchase is given at the residence to the merchant either in person or by
telephone. A home solicitation transaction shall not include a sale made
pursuant to a preexisting revolving charge account or retail charge agreement,
or a sale made pursuant to prior negotiations between the parties at a business
establishment, at a fixed location, where goods or services are offered or
exhibited for sale; or a sale of realty in which transaction the purchaser is
represented by a licensed attorney or in which the transaction is being
negotiated by a licensed real estate broker.
13. Individual or person shall mean an individual, a group of two (2) or more
individuals, proprietorship, partnership, corporation, limited liability
company, association or other legal entity.
14. Job placement activities means any request, offer, enticement, or action
which announces the availability for or of employment or seeks to secure
employment. As defined herein,"job placement activities"shall be deemed
complete when made whether or not an actual employment relationship is
created.
15. Merchant means a party to a consumer transaction other than a consumer.
16. Resident means any separate living unit occupied for residential purposes by
one (1) or more persons, contained within any type of building or structure.
17. Solicit funds or solicitation of funds or solicitation shall mean any home
solicitation transaction; any request for the donation of money, property, or
anything of value, or the pledge of a future donation of money, property, or
anything of value; or the selling, or offering for sale, or the purchasing, or
offering to purchase,of any property,real or personal,tangible or intangible,
whether of value or not, including, but not limited to, goods, books,
pamphlets,tickets,publications or subscriptions to publications. Expressly
excluded from the meaning of"solicit funds" or "solicitation of funds" or
4
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
"solicitation"is any offers of membership in any organization. A solicitation
of funds is complete when the solicitation is communicated to any individual
then located within the corporate limit of the city.
B. All terminology used in this Ordinance and not specifically defined above,shall retain
its meaning in conformance with applicable publications of the American National Standards
Institute(ANSI) or its successor body and/or the latest volume of Webster's Collegiate Dictionary.
SECTION 4: UNLAWFUL SOLICITATION AND HANDBILL DISTRIBUTION.
A. Solicitation Permit Required. No person,directly or through an agent,shall canvass
or solicit in person from house to house in the city to sell or attempt to sell goods, merchandise,
wares, services or anything of value or to take or attempt to take orders for the future delivery of
goods,merchandise,wares,or any personal property of any nature whatsoever,or take or attempt to
take orders for services to be furnished or performed in the future, without first having a written
permit therefor, unless the solicitation is for charitable purposes.
B. Handbill Distribution Permit Required. It shall be unlawful for any person,directly or
through an agent or employee to distribute or cause to be distributed,deposited,placed,thrown,cast,
scattered,handed out or circulated any handbill in or upon any premises within the corporate limits
of the city without first having obtained a written permit for such distribution.
C. Certificate of Registration Required. It shall be unlawful for any person,directly or
through an agent or employee,to solicit funds for charitable purposes within the corporate limits of
the city without first having obtained a certificate of registration for such solicitation. It shall further
be unlawful for any person, as the agent or employee of another, to solicit funds for charitable
purposes within the corporate limits of the city unless his principal or employer has received a
certificate of registration.
D. Prohibited Hours. It shall be unlawful to solicit funds or distribute handbills,political
handbills or religious handbills after 7:00 p.m. and before 9:00 a.m.
E. Expiration of Permit/Certificate of Registration. It shall be unlawful for any person,
directly or through an agent or employee,to solicit funds or distribute handbills after the expiration
of any permit or certificate of registration issued as hereinafter provided.
F. Compliance with Application/Registration Statement. It shall be unlawful for the
person registering or applying, or the agents or employees thereof, to solicit funds or distribute
handbills for a purpose other than that set out in the registration statement or application upon which
the certificate of registration or permit was issued.
G. No Endorsement by City. It shall be unlawful for any person who shall solicit funds
or distribute handbills in the city to represent that the issuance of a certificate of registration or
permit by the city constitutes an endorsement or approval of the solicitation or distribution by the city
or its officers or employees.
5
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
H. Uninhabited/Vacant Premises. It shall be unlawful for any person to distribute or
cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any
handbill, political handbill or religious handbill in or upon any premises which are temporarily or
continuously uninhabited or vacant.
I. Inhabited Premises. It shall be unlawful for any person to distribute or cause to be
distributed,deposited,placed,thrown,cast,scattered,handed out or circulated any handbill,political
handbill or religious handbill upon any premises which are inhabited and not otherwise posted as
provided for in Subsection J below, except by handing or transmitting such handbill, political
handbill or religious handbill directly to the owner,occupant,or any other person then present in or
upon such premises.
J. Premises(Posted Card). It shall be unlawful for any person to distribute or cause to
be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any handbill,
political handbill or religious handbill upon any premises if requested not to do so by the owner,
occupant, or any other person then present in or upon such premises, or if there is placed on such
premises in a conspicuous place upon or near the main entrance to the residence,a card as provided
in Section 9 (Exhibiting Card Prohibiting Solicitation and Handbills of any Type).
K. Pasting,Posting,Attaching Prohibited. It shall be unlawful for any person to paste,
stick, tack or place any handbill, political handbill or religious handbill upon any house, wall,
building, fence,railings,pole street sign, sidewalk or other property,public or private,without the
permission of the owner or the person in charge thereof Should permission be granted pursuant to
this Subsection,all other laws,rules and regulations shall be complied with regarding the placement
of the handbill,political handbill or religious handbill.
L. Handbill Sponsor Information Required. It shall be unlawful for any person to
distribute or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or
circulated any handbill in any place,under any circumstances, which does not have printed on the
cover, front or back thereof, the name, address and telephone number of the handbill sponsor who
caused the same to be distributed;provided,however,that in the case of a fictitious person or club,in
addition to such fictitious name, the true name(s) and address(s) of the owner(s), manager(s), or
agent(s) for the fictitious person or club sponsoring such handbill shall also appear thereon.
M. Depositing on or in Vehicles Prohibited. It shall be unlawful for any person to throw,
deposit,distribute or cause to be distributed or attached any handbill,religious handbill or political
handbill in or upon any vehicle;provided,however,it shall not be unlawful in any public place for a
person to hand out or distribute,without charge to the receiver thereof,a handbill,religious handbill
or political handbill to an occupant of a vehicle who is willing to accept it.
N. Use of Public Right-of-Way. It shall be unlawful for any person to:(i)peddle,solicit,
sell,offer or exhibit for sale any merchandise or service,whether for profit,for a charitable purpose
or otherwise;(ii)distribute handbills,political handbills or religious handbills whether for profit,for
a charitable purpose or otherwise; or (iii) solicit funds, donations, contributions, employment,
business or a ride, whether for profit, for a charitable purpose or otherwise, upon any public
6
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
sidewalk, street, street right-of-way, median, traffic island, parkway, or other public right-of-way
within Wylie.
SECTION 5: SUPERVISION OF CHILD SOLICITORS.
It shall be unlawful for any person to use children thirteen(13)years of age or less for any
type of solicitation or handbill distribution purposes unless the children are actively supervised by an
adult individual at least eighteen (18) years of age, who has obtained the permit or certificate of
registration required by this Ordinance,or is the agent of the individual who obtained the permit or
certificate of registration. In all cases the supervising adult shall be within one hundred(100)yards
of the child solicitor.
SECTION 6: PERMIT OR CERTIFICATE OF REGISTRATION - GROUNDS FOR
DENIAL OR REVOCATION.
Failure to comply with any of the provisions of this Ordinance shall constitute grounds for
denial or revocation of any permit or certificate of registration sought to be issued or issued in
accordance with the provisions of this Ordinance.
SECTION 7: PERMIT OR CERTIFICATE OF REGISTRATION - APPEAL FROM
DENIAL OR REVOCATION.
Should an applicant or registrant be denied a permit or certificate of registration, or have a
permit or certificate of registration revoked,he/she may appeal that action to the City Manager by
submitting a letter within ten(10) days of the denial or revocation. Upon receipt of the letter, the
City Manager shall review the appeal and render a decision within seven(7)days to reject the action
complained of and order that the permit or certificate of registration be granted or reinstated or
uphold the denial or revocation. Should the City Manager uphold the denial or revocation, he/she
shall schedule a hearing before the City Council at a regular or special meeting within thirty (30)
days of the appeal request. The City Council shall render a decision on the appeal within seven(7)
days of the date of the hearing. Such hearing shall be an administrative hearing, and adherence to
formal rules of evidence shall not be required. The decision of the City Council shall be final.
SECTION 8: AFFIRMATIVE DEFENSE AND EXEMPTION.
A. It shall be an affirmative defense to prosecution under this Ordinance if the person is
occupying the public right-of-way for the purpose of selling newspapers or publications of other
printed material which deal with the dissemination of information or opinion;however,this defense
is not available if said act occurred upon the paved surface or shoulder of any public street,highway
or road.
B. The provisions of this Ordinance shall not apply to: i) the regular delivery of
newspapers or magazines or other items which have been subscribed to by the persons receiving
them or by occupants of the premises to which they are delivered; ii) the interruption of service
notices by utility companies;iii)the distribution of mail by the United Sates government;and iv)the
7
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
service of any lien foreclosure or governmental notices of any character distributed by the City of
Wylie or any other governmental entity.
SECTION 9: EXHIBITING CARD PROHIBITING SOLICITORS AND HANDBILL
DISTRIBUTORS.
A. A person desiring that no merchant or other person engage in solicitation, a home
solicitation transaction, or distribution of handbills, political handbills or religious handbills at
his/her premises shall exhibit,in a conspicuous place upon or near the main entrance to the premises,
a weatherproof card,not less than three(3) inches by four(4) inches in size bearing the words"no
trespassing", "no peddlers", "no advertisements", "no solicitation", "no handbills", or any similar
notice indicating in any manner that the occupants of such premises do not desire to be molested or
to have their right of privacy disturbed,or to have a handbill of any type left upon the premises. The
letters on such cards shall be not less than two-thirds(2/3) of an inch in height.
B. Every person upon going onto any premises shall first examine the premises to
determine if any notice prohibiting soliciting or handbill, political handbill or religious handbill
distribution is exhibited upon or near the main entrance to the premises. If notice prohibiting
soliciting or handbill, political handbill or religious handbill distribution is exhibited, the person
shall immediately depart from the premises without distributing,placing, or depositing any type of
handbill or disturbing the occupant,unless the visit is the result of a request made by the occupant.
C. No person shall go upon any premises and ring the doorbell,or rap or knock upon the
door or create any sound in a manner calculated to attract the attention of the occupant of the
premises,for the purpose of securing an audience with the occupant and engaging in or attempting to
engage in a solicitation or distribution transaction,if a card,as described in this Section,is exhibited
in a conspicuous place upon or near the main entrance to the premises,unless the visit is the result of
a request made by the occupant.
D. No person,other than the owner or occupant of the premises,shall remove,deface,or
render illegible, a card placed by the occupant pursuant to this Section.
E. Any merchant or person who has gained entrance to a premises,or audience with the
occupant,whether invited or not,shall immediately depart from the premises without disturbing the
occupant further when requested to leave by the occupant.
8
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
ARTICLE II
CHARITABLE SOLICITATION
SECTION 10: EXCEPTIONS.
The provisions of this Article II shall not apply to:
1. The solicitation of funds for charitable purposes by any organization or
association from its members.
2. The solicitation of funds for charitable purposes by a person when such
solicitation occurs on premises owned or controlled by the person soliciting
funds or with the permission of the person who owns or controls the
premises, when previously invited to the premises for the solicitation.
3. The issuance of any announcement or advertisement that charitable
solicitation will occur or which announces or advertises an event at which
unannounced charitable solicitation will occur.
SECTION 11: REGISTRATION STATEMENT.
A. All persons desiring to solicit funds for charitable purposes in the City shall file with
the City's Police Department a registration statement,on forms provided by the City,containing the
following information:
1. The name of the person registering and desiring to solicit funds for charitable
purposes.
2. Whether the person registering is a natural person,partnership,corporation or
association, and:
a. If a natural person, the business or residence address and telephone
number must be given.
b. If a partnership,the names of all partners and the principal business
address and telephone number of the partnership and the address and
telephone number of each partner must be given.
c. If a corporation, the person registering must: i) state whether it is
organized under the laws of the State of Texas or is a foreign
corporation; ii) show the mailing address and telephone number of
the principal place of business;iii)show the mailing address,business
location, telephone number and name of the individual in charge of
the Wylie office of such corporation,if any; iv)state the names of all
9
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
officers and directors or trustees of such corporation; and v) if a
foreign corporation, state the place of incorporation.
d. If an association, the registration statement must: i) show the
association's principal business address, and telephone number, if
any;ii)show names and principal business or residence addresses and
telephone numbers of all members of the association unless they
exceed ten(10)in number,in which case the application shall so state
and the person registering may alternatively list the names of
principal business or residence addresses and telephone numbers of
the officers and directors or trustees of the association;and iii)if the
association is part of a multi-state organization or association, the
mailing address and business location of its central office shall be
given, in addition to the mailing address and business location of its
local office.
3. The names,mailing address and telephone number of all individuals who will
be in direct charge or control of the solicitation of funds.
4. The time period within which the solicitation of funds is to be made,giving
the date of the beginning of solicitation and its concluding date.
5. A description of the methods and means by which the solicitation of funds is
to be accomplished.
6. Approved documentation of the tax exempt status,as described in Section 12
below,of the applicant to justify the solicitation to be for charitable purposes.
7. A statement to the effect that if a certificate of registration is granted, such
certificate will not be used or represented to be an endorsement or approval
by the city or any of its officers or employees.
8. Each person registering shall provide proof of identification through
submission of a valid driver's license or other valid/official photo ID.
9. Any other information which the city deems necessary for the administration
of this Article.
B. The registration statement must be signed by the applicant if the person registering is
an individual;if the applicant registering is a partnership,by the partner charged with disbursing the
funds solicited; if the applicant registering is a corporation or an association,by its officer charged
with disbursing the funds solicited. The individual signing the registration statement shall sign the
statement,swearing that he/she carefully read the registration statement and that all the information
contained therein is true and correct.
10
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
C. Information provided by applicant in accordance with the provisions of this Article
shall be subject to verification by the Wylie Police Department. Such registration statement shall
also be satisfactory written proof of the applicant's authority to represent the partnership,
corporation, association or business entity.
SECTION 12: REGISTRATION FEE.
Every registration statement shall be accompanied by a nonrefundable registration fee of
seventy-five dollars ($75.00)to compensate the city for the cost of administering this Article, and
such fee will not be refunded if a certificate of registration is not issued. No certificate of
registration provided for by this Article shall be issued until such fee has been paid by the applicant
registering. However,such registration fee of seventy-five dollars($75.00)shall not be required of a
duly authorized,tax exempt,charitable organization registered as such with the Secretary of State for
the State of Texas. Proof of such tax exempt status from the Comptroller of the State of Texas or the
Internal Revenue Service must be provided to the city.
SECTION 13: CERTIFICATE OF REGISTRATION ISSUANCE, DURATION AND
FORM.
A. After review of the registration statement to determine its compliance with Section 11
above, and within fifteen(15)business days of the receipt of the registration statement,unless it is
determined that the applicant has provided false or incomplete information on its application, the
Wylie Police Department shall either issue a certificate of registration, or notify the person
registering that the registration statement does not comply with the requirements of Section 11
above, and specifically point out what information or explanation has not been furnished that is
required before a certificate of registration can be issued.
B. Every certificate of registration issued by the city shall expire at the termination of the
solicitation period specified in the registration statement or one(1)year from the date of issuance,
whichever is less.
C. The city shall prescribe the form of the certificate of registration. Each such
certificate of registration shall be printed in black except that the following shall be printed
prominently thereon in red: "The issuance of this certificate of registration is not an endorsement by
the City of Wylie or any of its officers or employees." Each certificate of registration shall bear a
registration number which is the same as the file containing the registration statement filed by the
registrant.
SECTION 14: SOLICITOR'S IDENTIFICATION.
A. Each solicitor shall carry with him/her and produce upon request the following
authorization and identification:
1. Proof of tax exempt status described in Section 12 or authorization to
represent the tax exempt, charitable organization; and
11
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
2. A copy of the certificate of registration issued by the City of Wylie; and
3. A valid driver's license or other valid/official photo ID.
SECTION 15: PUBLIC DISCLOSURE.
All registration statements,whether or not a certificate of registration has been issued,shall
be a public record and shall be available for inspection by members of the public during regular
business hours and copies may be obtained at cost.
ARTICLE III
NONCHARITABLE SOLICITATION AND HANDBILL DISTRIBUTION
SECTION 16: EXCEPTION.
The provisions of this Article II shall not apply to a person:
1. Engaged in charitable solicitation and meeting one of the exceptions in
Article II, Section 10;
2. Holding a certification of registration as provided in Article II; or
3. Engaged in the distribution of political handbills or religious handbills.
SECTION 17: APPLICATION FOR PERMIT.
A. Any person desiring to make home solicitation transactions or distribute handbills
within the city shall file a written application for a permit to do so with the Wylie Police Department,
which application shall show:
1. The name of the person applying and desiring to make home solicitations or
distribute handbills;
2. The name of the handbill sponsor if the permit applied for is for distribution
of handbills;
3. Whether the person registering is a natural person,partnership,corporation or
association, and:
a. If a natural person, the business or residence address and telephone
number must be given.
b. If a partnership,the names of all partners and the principal business
address and telephone number of the partnership and the address and
telephone number of each partner must be given.
12
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
c. If a corporation, the person registering must: i) state whether it is
organized under the laws of the state of Texas or is a foreign
corporation; ii) show the mailing address and telephone number of
the principal place of business;iii)show the mailing address,business
location, telephone number and name of the individual in charge of
the Wylie office of such corporation,if any; iv)state the names of all
officers and directors or trustees of such corporation; and v) if a
foreign corporation, state the place of incorporation.
d. If an association, the registration statement must: i) show the
association's principal business address, and telephone number, if
any;ii)show names and principal business or residence addresses and
telephone numbers of all members of the association unless they
exceed ten(10)in number,in which case the application shall so state
and the person registering may alternatively list the names of
principal business or residence addresses and telephone numbers of
the officers and directors or trustees of the association;and iii)if the
association is part of a multi-state organization or association, the
mailing address and business location of its central office shall be
given, in addition to the mailing address and business location of its
local office.
4. The names,mailing address and telephone number of all individuals who will
be in direct charge or control of the solicitation of funds or distribution of
handbills.
5. The time period within which the solicitation of funds or distribution of
handbills is to be made,giving the date of the beginning of solicitation and its
concluding date.
6. A description of the methods and means by which the solicitation of funds or
distribution of handbills is to be accomplished.
7. The names of other communities in which the applicant has made home
solicitations or distribution of handbills in the past six(6)months.
8. The nature of merchandise to be sold or offered for sale or the nature of the
services to be furnished.
9. Whether such applicant, upon any such order so obtained, will demand,
accept or receive payment or deposit of money in advance of final delivery.
10. Each applicant shall provide proof of identification through submission of a
valid driver's license or other valid/official photo ID.
13
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
11. A statement to the effect that if a permit is granted, such permit will not be
used or represented to be an endorsement or approval by the city or any of its
officers or employees.
12. Any other information which the city deems necessary for the administration
of the Article.
B. The application must be signed by the applicant, if the person applying is an
individual;if the applicant is a partnership,by the partner charged with disbursing the funds solicited
or overseeing the handbill distribution; if the applicant is a corporation or an association, by its
officer charged with disbursing the funds solicited or overseeing the handbill distribution. The
individual signing the application shall sign the application, swearing that he/she carefully read the
application and that all the information contained therein is true and correct.
C. The application must be accompanied by a copy of a valid states sales tax certificate,
if applicable.
D. Information provided by applicant in accordance with the provisions of this Article
shall be subject to verification by the Wylie Police Department. Such application shall also be
satisfactory written proof of the individual's authority to represent the partnership, corporation,
association or business entity.
SECTION 18: PERMIT FEE.
Every application shall be accompanied by a nonrefundable application fee of seventy-five
dollars ($75.00)to compensate the city for the cost of administering this Article,and such fee will
not be refunded if a permit is not issued. No permit provided for by this Article shall be issued until
such fee has been paid by the applicant.
SECTION 19: EXEMPTIONS FROM PERMIT FEE.
The permit fee required for the issuance of a permit under the provisions of this Article shall
not be required of the following:
1. Ordinary commercial travelers who sell or exhibit for sale goods, wares or
merchandise to persons selling and dealing in the same within the city.
2. Persons offering for sale agricultural products,meats,poultry or other articles
of food grown or produced by such persons.
3. Individuals operating under licenses granted by a state agency.
14
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
SECTION 20: PERMIT ISSUANCE, DURATION AND FORM.
A. After review of the application to determine its compliance with Section 17 above,
and within fifteen(15)business days of the receipt of the application,unless it is determined that the
applicant has provided false or incomplete information on its application, the Wylie Police
Department shall either issue a permit, or notify the person applying that the application does not
comply with the requirements of Section 17 above, and specifically point out what information or
explanation has not been furnished that is required before a permit can be issued.
B. A permit requested under this Article shall be issued for the length of time requested,
not to exceed six (6)months.
C. The city shall prescribe the form of the permit. Each such permit shall be printed in
black except that the following shall be printed prominently thereon in red: "The issuance of this
permit is not an endorsement by the City of Wylie or any of its officers or employees." Each permit
shall bear a permit number which is the same as the files containing the application filed by the
applicant.
SECTION 21: SOLICITOR'S AND HANDBILL DISTRIBUTOR'S IDENTIFICATION.
Each person soliciting and/or distributing handbills shall carry with him/her and produce
upon request the following information and identification:
1. Authorization to represent the permittee by holding a copy of the permit
issued by the City of Wylie; and
2. A copy of the valid state sales tax certificate, if applicable; and
3. A valid driver's license or other valid/official photo ID.
SECTION 22: PUBLIC DISCLOSURE.
All applications,whether or not a permit has been issued,shall be public record and shall be
available for inspection by members of the public during regular business hours and copies may be
obtained at cost.
ARTICLE IV
JOB PLACEMENT ACTIVITIES
SECTION 23: PROHIBITION OF JOB PLACEMENT ACTIVITIES IN UNAUTHORIZED
LOCATIONS.
A. No person shall engage in or attempt to engage in job placement activities in an
unauthorized location. This Section shall not apply to job placement activities concerning
15
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
employment or business for the owner or lawful tenants of the subject premises.
B. This Section shall only apply to unauthorized locations where the location has a
notice posted in both English and Spanish in a conspicuous place at each entrance and exit to such
location not less than eighteen(18)by twenty-four(24)inches in size with lettering not less than one
(1) inch in height and not to exceed, in total area, six (6) square feet. The notice shall be in
substantially the following form:
"It is unlawful to engage in job placement activities on these premises."
C. This Article shall override other Ordinances regulating the placement of signage,
temporary or permanent, for the purpose of solicitation or job placement in and throughout Wylie.
ARTICLE V
MISCELLANEOUS PROVISIONS
SECTION 24: PENALTY.
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five
Hundred Dollars($500.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense.The penal provisions imposed under this Ordinance shall not preclude Wylie from
filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant
to local, state and federal law.
SECTION 25: SAVINGS/REPEALING.
Except as otherwise stated herein,all provisions of any Wylie ordinances in conflict herewith
are repealed to the extent they are in conflict,but such repeal shall not abate any pending prosecution
for the violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance; provided, however,
Wylie Ordinance Nos. 77-5 and 95-8 shall remain in full force and effect until the effective date of
this Ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 26: SEVERABILITY.
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and
all remaining portions of this Ordinance shall remain in full force and effect.Wylie hereby declares
that is would have passed this Ordinance, and each section, subsection, clause or phrase thereof
irrespective of the fact that any one or more sections,subsections,sentences,clauses and phrases be
declared unconstitutional or invalid.
16
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
SECTION 27: PUBLICATION AND EFFECTIVE DATE.
The caption of this Ordinance shall be published in accordance with Wylie's City Charter and
applicable law and shall become effective on the tenth(10th) day after such publication.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 22nd day of March 2005.
JOHN MONDY, Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY:
CAROLE ERHLICH, City Secretary
DATE(s)OF PUBLICATION: , in the
17
SOLICITATION-HANDBILL (Repealing Ord.Nos.77-5 and 95-8)
CITY OF WYLIE Item No. 4
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: City Manager
Prepared By: Mark B. Roath
Account Code No.#: Date Prepared: March 9, 2005
Budgeted Amount: N/A Exhibits: One
AGENDA SUBJECT: Consider, and act upon, an Ordinance of the City of Wylie, Texas establishing a Citizens
Bond Advisory Committee; providing for the Scope and Authority of the Committee; providing for the
Appointment of its members; and providing for an effective date.
RECOMMENDED ACTION: Approve.
SUMMARY: At the March 8th Regular Meeting, the City Council directed City Staff to prepare and submit an
ordinance for their consideration establishing a Citizens Bond Advisory Committee and setting forth its charge.
APPROVED BY: Initial Date
Department Director: \
City Manager: /y1 f/C
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS
ESTABLISHING A CITIZENS BOND ADVISORY COMMITTEE
(CBAC); PROVIDING FOR THE SCOPE AND AUTHORITY OF
THE COMMITTEE; PROVIDING FOR THE APPOINTMENT OF
ITS MEMBERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie is considering calling a local
bond election for November 2005;
WHEREAS, the City Council's desire is to appoint a Citizens Bond Advisory
Committee (CBAC) to develop a Bond Program for recommendation to the City Council
at its June 21, 2005 Regular Meeting or within ninety (90) days of formation of the
CBAC, whichever is earlier;
WHEREAS, the CBAC has the responsibility to develop a recommendation
regarding the total amount of the bond issuance and the specific projects to be included in
the proposition(s) presented to the voters;
WHEREAS, bond projects are necessary in order to avoid falling behind in
maintaining the city infrastructure, are essential for the city to operate effectively and
efficiently, and to better position the city in handling its continued growth;
WHEREAS, a successful bond program can demonstrate to potential investors,
industrial prospects and to existing businesses considering an expansion that citizens are
willing to make investments to improve the community;
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
Wylie, Texas, that:
SECTION 1. The City Council shall appoint fifteen (15) members to serve on
the CBAC, who shall consist of the Chairperson or the Vice-Chairperson or designee if
the Chairperson is unable or unwilling to serve from each City Board or Committee
including the Wylie Economic Development Corporation but excluding the 4B Board and
two (2) members designated by the Mayor and one (1) member designated by each of the
remaining City Council members. Said members may or may not be registered voters.
The City Council shall appoint a Chair and Vice-Chair to lead the CBAC. The City
Manager or designated representative will serve as the staff liaison.
SECTION 2. The Citizens Bond Advisory Committee shall meet, at a minimum,
four (4) times, according to a schedule established by the CBAC. All meetings shall be
conducted in accordance with the Texas Open Meetings Act.
SECTION 3. The Citizens Bond Advisory Committee shall be a recommending
body with no budget or administrative authority.
Ordinance No.
Page 2
SECTION 4. The Citizens Bond Advisory Committee is charged with the
following:
(a) To discuss and consider a list of capital improvement projects for inclusion
in a November 8, 2005 bond election.
(b) To ensure that the Bond Program is fiscally responsible, adequately
addresses current and future critical city needs and is beneficial to all sectors
of the community.
(c) To make a recommendation(s) to the City Council at the June 21, 2005
Regular Meeting or within ninety (90) days of formation of the CBAC,
whichever is earlier about the total amount of the Bond issuance and the
specific projects to be included in the proposition(s) presented to the voters.
SECTION 5. The City Council reserves the right to amend or deny any
recommendation made by the CBAC.
SECTION 6. This ordinance shall take effect immediately upon its publication
and passage by the City Council of the City of Wylie.
DULY PASSED AND APPROVED this 22 day of March, 2005.
John Mondy, Mayor
ATTEST:
Carole Ehrlich, City Secretary
CITY OF WYLIE Item No. 6
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: Engineering
Prepared By: Chris Hoisted
Account Code No.#: Date Prepared: March 11, 2005
Budgeted Amount: $3,700,000.00 Exhibits: Bid Summary
AGENDA SUBJECT: Consider and act upon award of a contract for the construction of Alanis Drive from
SH 78 to Ballard Avenue to Site Concrete in the amount of$3,863,384.66
RECOMMENDED ACTION: Approval
SUMMARY: The City of Wylie 1999 Bond program included $3,700,000.00 for the reconstruction of Alanis
Drive from SH 78 to South Ballard Avenue in accordance with the City's Thoroughfare Plan. Right of way
for the project has been acquired or right of entry has been obtained for all parcels. The construction includes
expansion of the roadway to 3-lanes of concrete, a bridge over Muddy Creek, a 12-inch water line, and a
signal at the new intersection of Alanis and SH 78.
Three alternates were bid for the project which included constructing 2-lanes of pavement vs. 3-lanes of
pavement and a 12-inch water line to help serve the Woodbridge development. Site Concrete was the lowest
bidder on all three alternates as well as the base bid. Site also bid 275 calendar days for the project
completion. The references for the contractor have been contacted and nothing would indicate that they are
incapable of fulfilling the requirements of the contract.
To date approximately $817,000 has been spent on the project for design and right-of-way acquisition.
Funding for the project will be from the 1999 bond funds and water impact fee funds will be used for the
intallation of the 12-inch water line. The current balance and future expenditures for the 1999 Street Bond
fund is as follows:
APPROVED BY: Initial Date
Department Director: CH \ 3/11/05
City Manager: M \ -3/6/�tt'-
AGENDA SUBJECT: Consider and act upon award of a contract for the construction of Alanis Drive from
SH 78 to Ballard Avenue to Site Concrete in the amount of$3,863,384.66
SUMMARY: (Continued)
Original Authorization $15,910,000.00
County Funds $ 1,370,446.00
Interest Earned $ 449,395.47
Expended to Date $(8,429,389.17)
TOTAL AVAIL. FUNDS $ 9,300,452.30
Remaining 1999 Bond Projects:
Alanis Drive (less water line) $ 3,655,841.66
Ballard Avenue $ 3,600,000.00
FM 1378 (City match) $ 1,032,000.00
Traffic Control Imp. $ 515,031.99
Sidewalks $ 450,388.50
TOTAL PROJECT COSTS $ 9,253,262.15
We recommend award of the Base Bid plus Alternate 2 (3-lanes of pavement) and Alternate 3 (12-inch water
line)to Site Concrete in the amount of$3,863,384.66.
BIRKHOFF, HENDRICKS & CONWAY, L.L.P.
CONSULTING ENGINEERS
7502 Greenville Ave.,#220 Dallas,Texas 75231 Fax(214)361-0204 Phone(214)361-7900
JOHN W.BIRKHOFF,P.E.
RONALD V.CONWAY,P.E.
GARY C.HENDRICKS,P.E.
JOE R.CARTER,P.E.
PAUL A.CARLINE,P.E.
MATT HICKEY,P.E.
DOUGLAS K.SHOWERS,P.E. February 24, 2005
Mr. Chris Hoisted, P.E.
City Engineer
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
Re: Alanis Drive Paving and Drainage Improvements
Recommendation for Award of Contract
Dear Mr. Hoisted:
We checked the bids received at 2:00 p.m. on February 18, 2005, for construction of Alanis Drive Paving
and Drainage Improvements and are returning the original bid documents and bid bonds with this letter. We
are also enclosing four(4) copies of the itemized tabulation of bids received for the project.
Site Concrete, Inc. of Grand Prairie, Texas, submitted the lowest Base Bid in the amount of$2,455,959.91,
the lowest bid for Alternate 1 (24' Pavement)in the amount of$1,071,459.70, the lowest bid for Alternate 2
(36' Pavement) in the amount of$1,251,241.75 and the lowest bid for Alternate 3 (12"Waterline) in the
amount of$207,543.00. The deductive bids for continuously reinforced concrete pavement are $39,088.00
for 24' pavement and$51,360.00 for 36' pavement. They also bid the shortest amount of time at two
hundred seventy five (275) calendar days to complete the project.
We reviewed Site Concrete's experience, equipment list and financial report. They have experience in
projects similar in nature to this project. The information we reviewed leads us to believe that they are
capable of completing this project.
Accordingly,we recommend that the City of Wylie accept the bid of Site Concrete, Inc. and award them a
contract for construction of the Alanis Drive Paving and Drainage Improvements project. The amount of
the contract will depend on what combination of alternates the City desires to construct at this time. In our
opinion the best option would be to award a contract in the amount of$3,863,384.66 for the Base Bid plus
Alternate 2 and Alternate 3 with the deduction for continuously reinforced concrete pavement. We are
available to discuss this matter at your convenience.
Sincerely yours,
Joe R. Carter, P.E.
Enclosures
j_\clerical\wylie\2001-117 alanis p&d\letters\corres\k\recomendaward.doc
TABULATION OF BIDS BID OF BID OF BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063
Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension Price Extension. Price Extension
BASE BID
1 61.6 Sta. Preparation of Right-of-Way,Clearing&Grubbing $2,850.00 $ 175,560.00 $3,000.00 $ 184,800.00 $2,063.40 $ 127,105.44 $1,455.20 $ 89,640.32
2 2,239 S.Y. Remove Reinforced Concrete Pavement $6.75 $ 15,113.25 $7.35 $ 16,456.65 $3.81_$ 8,530.59 $6.26 $ 14,016.14
3 509 S.Y. Remove Asphaltic Concrete Pavement $6.75 $ 3,435.75 $3.15 $ 1,603.35 $3.83 $ 1,949.47 $6.05 $ 3,079.45
4 2,384 S.Y. Furnish&Install Cement Treated Base $18.00 $ 42,912.00 $14.75 $ 35,164.00 $16.80 $ 40,051.20 $9.10 $ 21,694.40
5 250 L.F. Furnish&Install Metal Beam Guard Fence(12 ga.)(Steel Post) $30.00 $ 7,500.00 $31.00 $ 7,750.00 $28.88 $ 7,220.00 $32.89 $ 8,222.50
6 2 Ea. Furnish&Install Guardrail Extruder Terminal $675.00 $ 1,350.00 $2,200.00 $ 4,400.00 $2,058.00 $ 4,116.00 $2,343.82 $ 4,687.64
7 820 L.F. Furnish&Install Portable&Precast Concrete Traffic Barrier $47.50 $ 38,950.00 $50.00 $ 41,000.00 $47.25 $ 38,745.00 $53.81 $ 44,124.20
8 868 L.F. Furnish&Install 3-Strand Barbed Wire Fence $3.00 $ 2,604.00 $5.75 $ 4,991.00 $2.89 $ 2,508.52 $6.19 $ 5,372.92
9 555 L.F. Remove 3-Strand Barbed Wire Fence $2.00 $ 1,110.00, $2.50 $ 1,387.50 $2.25 $ 1,248.75 $5.35 $ 2,969.25
10 1,832 L.F. Remove&Replace 3-Shand Barbed Wire Fence $5.00 $ 9,160.00 $8.00 $ 14,656.00 $4.46 $ 8,170.72 $8.37 $ 15,333.84
t 11 27 L.F. Remove&Replace Wood Rail Fence $100.00 $ 2,700.00 $60.00 $ 1,620.00 $13.91 $ 375.57 $60.23 $ 1,626.21
12 1,572 L.F. Remove&Replace Chain Link Security Fence $18.00 $ 28,296.00 $20.00 $ 31,440.00 $14.44 $ 22,699.68 $16.77 $ 26,362.44
13 2 Ea. Construct 24-ft Wide Security Gate $2,778.30 $ 5,556.60 $2,000.00 $ 4,000.00 $2,701.13 $ 5,402.26 $3,076.27 $ 6,152.54
14 213.5 S.F. Furnish&Install Aluminum Signs(Type"A") $11.25_$ 2,401.88 $11.00 $ 2,348.50 $10.92 $ 2,331.42 $17.94 $ 3,830.19
15 29 Ea. Furnish&Install Small Roadside Sign Assembly(Type"A"Mount) $307.25 $ 8,910.25 $300.00 $ 8,700.00 $378.00 $ 10,962.00 $430.50 $ 12,484.50
16 2 Ea. Furnish&Install Small Roadside Sign Assembly(Type"A")(Rotating)(Special Mount) $523.25 $ 1,046.50 $525.00 $ 1,050.00 $756.00 $ 1,512.00 $861.00 $ 1,722.00
17 9,322 S.Y. Construct Temporary 6-inch Flexible Base Pavement $7.94 $ 74,016.68 $7.65 $ 71,313.30 $9.46 $ 88,186.12 $9.36 $ 87,253.92
18 1,299 L.F. Furnish&Install 18-inch Reinforced Concrete Pipe(Class III) $30.00 $ 38,970.00 $34.00 $ 44,166.00 S33.60 $ 43,646.40 $48.15 $ 62,546.85
19 64 L.F. Furnish&Install 21-inch Reinforced Concrete Pipe(Class III) $39.00 S 2,496.00 $39.00 $ 2,496.00 $38.85 $ 2,486.40 $54.57 $ 3,492.48
20 769 L.F. Furnish&Install 24-inch Reinforced Concrete Pipe(Class III) $39.00 $ 29,991.00 $43.00 $ 33,067.00 $43.05 $ 33,105.45 $59.92 $ 46,078.48
1 21 624 L.F. Furnish&Install 27-inch Reinforced Concrete Pipe(Class III) $43.00 $ 26,832.00 $50.50 $ 31,512.00 $50.40 $ 31,449.60 $67.41 $ 42,063.84
22 1,446 L.F. Furnish&Install 30-inch Reinforced Concrete Pipe(Class III) $49.00 $ 70,854.00 $56.00 $ 80,976.00 $55.65 $ 80,469.90 $74.90 $ 108,305.40
23 807 L.F. Furnish&Install 36-inch Reinforced Concrete Pipe(Class III) $63.00_ $ 50,841.00 $70.50 $ 56,893.50 $70.35 $ 56,772.45 $96.30 $ 77,714.10
24 634 L.F. Furnish&Install 42-inch Reinforced Concrete Pipe(Class III) $82.00 $ 51,988.00 $94.50 $ 59,913.00 $94.50 $ 59,913.00 $125.19 $ 79,370.46
25 131 L.F. Furnish&Install Three 10'x 8'Reinforced Concrete Box Culverts $1,069.20 $ 140,065.20 $865.00 $ 113,315.00 $1,104.60 $ 144,702.60 $1,022.92 $ 134,002.52
26 2 Ea. Furnish&Install Modified Parallel Wingwalls with Apron $27,540.00 $ 55,080.00 $42,000.00 $ 84,000.00 $53,707.50 $ 107,415.00 $49,755.00 $ 99,510.00
27 7 Ea. Furnish&Install 8-ft.Recessed Curb Inlet $2,322.00 $ 16,254.00 $2,125.00 $ 14,875.00 $2,110.50 $ 14,773.50 $1,952.75 S 13,669.25
1:\Wylie\2001-t t7tspecs\terh\ea:as-2.=t: Page 1 of 14
TABULATION OF BIDS BID OF BID OF BID OF BID OF
Date: February 18,2005
t Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JILTPaving,L.P. Austin Bridge&Road,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy OTT Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063
i
Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension Price Extension ' Price Extension
s 28 9 Ea. Furnish&Install 10-ft.Recessed Curb Inlet $2,538.00 $ 22,842.00 $2,350.00 $ 21,150.00 $2,336.25 $ 21,026.25 $2,166.75 $ 19,500.75
1 29 11 Ea. Furnish&Install 12-ft.Recessed Curb Inlet $2,700.00 $ 29,700.00 $2,575.00 $ 28,325.00 $2,572.50 $ 28,297.50 $2,380.75 $ 26,188.25
1 30 8 Ea. Furnish&Install I4-ft.Recessed Curb Inlet $2,970.00 $ 23,760.00 $3,075.00 $ 24,600.00 $3,071.25 $ 24,570.00, $2,835.50 $ 22,684.00
31 1 Ea. Fumish&Install 16-ft.Recessed Curb Inlet $3,402.00 $ 3,402.00 $3,300.00 $ 3,300.00 $3,291.75 $ 3,291.75 $3,049.50 $ 3,049.50
32 6 Ea. Furnish&Install 20-ft.Recessed Curb Inlet $5,076.00 $ 30,456.00 $3,700.00 $ 22,200.00 $3,696.00 $ 22,176.00 $3,424.00 $ 20,544.00
r
1 33 1 Ea. Furnish&Install Standard Drop Inlet $1,620.00 $ 1,620.00 $2,000.00 $ 2,000.00 $1,963.50 $ 1,963.50 $1,819.00 $ 1,819.00
34 2 Ea. Furnish&Install 18"Sloped Reinforced Concrete Pipe $1,080.00 $ 2,160.00 $325.00 $ 650.00 $315.00 $ 630.00 $963.00 $ 1,926.00
yt 35 5 Ea. Furnish&Install Type"A"Storm Sewer Manhole $2,808.00 $ 14,040.00 S4,750.00 $ 23,750.00 $4,725.00 $ 23,625.00 $4,066.00 $ 20,330.00
{ 36 6 C.Y. Construct Type"C"Sloping Headwall $270.00 $ 1,620.00 $350.00 $ 2,100.00 $346.50 $ 2,079.00 $321.00 $ 1,926.00
i
1 37 420 L.F. Furnish&Install 2-inch PVC Conduit(Sch.40)(Lighting)(Buried) $4.15 $ 1,743.00 $4.00 $ 1,680.00 $3.99 $ 1,675.80 $4.07 $ 1,709.40
p1 38 470 L.F. Furnish&Install 2-inch PVC Conduit(Sch.40)(Signal)(Buried) $4.15 $ 1,950.50 $4.00 $ 1,880.00 _ $3.99 $ 1,875.30 $4.07 $ 1,912.90
C 39 420 L.F. Fumish&Install 4-inch PVC Conduit(Sch.40)(Lighting)(Buried) $6.25 $ 2,625.00 $6.25 $ 2,625.00 $6.04 $ 2,536.80 $6.15 $ 2,583.00
40 470 L.F. Furnish&Install 4-inch PVC Conduit(Sch.40)(Signal)(Buried) $6.25 $ 2,937.50 $6.25 $ 2,937.50 $6.04 $ 2,838.80 $6.15 $ 2,890.50
41 1,040 L.F. Furnish&Install 2-inch Rigid Aluminum Conduit(Lighting)(Structure) $9.75 $ 10,140.00 $9.50 $ 9,880.00 $9.45 $ 9,828.00 $9.63 $ 10,015.20
42 26 Ea. Furnish&Install Ground Pull Box(Electrical) $378.00 $ 9,828.00 $375.00 $ 9,750.00 $367.50 $ 9,555.00 $374.50 $ 9,737.00
43 9 Ea. Fumish&Install TxDOT Type"C"Pull Box(Signal) $415.80 $ 3,742.20 $425.00 $ 3,825.00 $404.25 $ 3,638.25 $411.95 $ 3,707.55
44 1 L.S. Construct Retaining Wall at State Highway 78 $21,600.00 $ 21,600.00 $37,000.00 $ 37,000.00 $3.99 $ 3.99 $42,254.79 $ 42,254.79
45 15,570 L.F. Furnish&Install Sediment Control Fence $1.25 $ 19,462.50 $1.40 $ 21,798.00 $1.31 $ 20,396.70 $1.34 $ 20,863.80
46 15,570 L.F. Remove Sediment Control Fence $0.25 $ 3,892.50 $0.20 $ 3,114.00 $0.16 $ 2,491.20 $0.16 $ 2,491.20
47 40 L.F. Furnish&Install Rock Filter Dams(Type 1) $35.00 $ 1,400.00 $25.00 $ 1,000.00 $18.38 $ 735.20, $18.73 $ 749.20
[ 48 40 L.F. Fumish&Install Rock Filter Dams(Type 1)(Remove) $25.00 $ 1,000.00 $10.00 $ 400.00 $5.25 $ 210.00 $5.35 $ 214.00
1 49 53 S.Y. Construction Entrance/Exit(Type 2) $25.00 $ 1,325.00 $20.00 $ 1,060.00 $13.65 $ 723.45 $13.91 $ 737.23
1 50 53 S.Y. Construction Entrance/Exit(Type 2)(Remove) $15.00 $ 795.00 $5.00 $ 265.00 $3.68 $ 195.04 $3.75 $ 198.75
b 51 5,774 L.F. Design and Provide Trench Safety Systems $1.00 $ 5,774.00 $1.00 $ 5,774.00 $0.11 $ 635.14 $0.11 $ 635.14
52 110 L.F. Construct Drilled Shafts(18-Inch) $42.15 $ 4,636.50 $31.50 $ 3,465.00 $71.40 $ 7,854.00 $29.01 $ 3,191.10
53 772 L.F. Construct Drilled Shafts(36-Inch) $95.05 $ 73,378.60 $94.50 $ 72,954.00 $88.20 $ 68,090.40 $90.47 $ 69,842.84
54 20 L.F. Construct Formed Drilled Shafts(36-Inch) $108.00 $ 2,160.00 $160.00 $ 3,200.00 $120.75 $ 2,415.00 $119.58 $ 2,391.60
55 97 C.Y. Furnish&Install Class"C"Concrete(Abutment) $561.60 $ 54,475.20 $630.00 $ 61,110.00 $462.00 $ 44,814.00 $596.66 $ 57,876.02
J.\wys6Voot-tt7 specs kecMP&Bs-2xls Page 2 of 14
TABULATION OF BIDS BID OF BID OF BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.F. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063
Item Approximate Unit Bid Unit Bid Unit Bid - Unit Bid No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension _
56 94 C.Y. Furnish&Install Class"C"Concrete(Bent) $561.60 $ 52,790.40 $700.00 $ 65,800.00 S534.45 $ 50,238.30 $607.58 $ 57,112.52
57 23,972 S.F. Furnish&Install Bridge Reinforced Concrete Slab $14.05 $ 336,806.60,. $15.00 $ 359,580.00 $12.60 $ 302,047.20 $11.42 $ 273,760.24
58 3,750 L.F. Furnish&Install Prestressed Concrete Beam(Type IV) $118.80_ $ 445,500.00 $110.00 $ 412,500.00 S115.50+$ 433,125.00 $107.39 $ 402,712.50
59 2,442 S.Y. Furnish&Install Concrete Surface Treatment $2.15 S 5,250.30 $1.25 $ 3,052.50 $1.47 $ 3,589.74 $0.90 $ 2,197.80
60 230 C.Y. Furnish&Install Rip Rap(Concrete)(Class"B")(5-Inch)(RR8) $259.20 $ 59,616.00 $255.00 $ 58,650.00 $310.80 $ 71,484.00 $302.49 $ 69,572.70
61 509 L.F. Furnish&Install Traffic Rail(C201)(Galvanized Steel)(Bridge) $69.15 S 35,197.35 $71.50 $ 36,393.50 $73.50_ $ 37,411.50 $87.31 $ 44,440.79
62 517 L.F. Furnish&Install Traffic Rail(C201)(MOD)(Galvanized Steel)(Bridge) $69.15 $ 35,750.55 $71.50 $ 36,965.50 $74.55 $ 38,542.35 $87.32 $ 45,144.44
63 300 L.F. Furnish&Install Traffic Rail(C201)(Galv.Steel)(Culvert)(Ret.Wall) $69.15 S 20,745.00 $65.00 $ 19,500.00 $72.45 $ 21,735.00 $87.31 $ 26,193.00
64 507 L.F. Furnish&Install Steel Pedestrian Railing $88.55 $ 44,894.85 $80.00 $ 40,560.00 $131.25 $ 66,543.75 $90.59 $ 45,929.13
65 145 L.F. Furnish&Install Sealed Expansion Joint(SEJ-A)(4-Inch) $75.60 $ 10,962.00 $95.00 $ 13,775.00 S98.70 $ 14,311.50 $99.68 $ 14,453.60
66 92 C.Y. Furnish&Install Structural Approach Slab(Class"C")(10-Inch) $259.20_$ 23,846.40 $300.00 $ 27,600.00 $334.95 $ 30,815.40 $325.42 $ 29,938.64
67 1 Ea. Adjust Existing Water Meter Manhole Frame&Cover $750.00_$ 750.00 $2,000.00 $ 2,000.00 $1,905.75 $ 1,905.75 $1,284.00 $ 1,284.00
68 6 Ea. Adjust Existing Sanitary Sewer Manhole Frame&Cover $1,000.00 S 6,000.00 $2,000.00 $ 12,000.00 $1,905.75 $ 11,434.50 $1,284.00 $ 7,704.00
69 3 Fa. Adjust Existing Water Valve Box $500.00 $ 1,500.00 $300.00 $ 900.00 $ - $214.00 $ 642.00
70 1 Ea. Relocate Existing Water Valve&Hose Bibb S500.00 $ 500.00 $1,000.00 $ 1,000.00 $997.50 $ 997.50 $1,284.00 $ 1,284.00
71 II Fa. Remove Existing Small Drainage Structures(24"or Less) $750.00 $ 8,250.00 $575.00 $ 6,325.00 $567.00 $ 6,237.00 $321.00 $ 3,531.00
72 I L.S. Remove&Reconstruct Glen Knolls Signs&Planter Boxes $2,000.00 $ 2,000.00 $12,500.00 $ 12,500.00 $7,500.00 $ 7,500.00, $5,979.14 $ 5,979.14
73 10 Mos. Furnish,Install&Maintain Barricades,Signs&Traffic Handling $2,500.00 $ 25,000.00 $2,000.00 $ 20,000.00 $18,000.00 $ 180,000.00 $23,916.59_$ 239,165.90
74 2 Ea. Furnish&Install Project Sign $550.00 $ 1,100.00 $500.00 $ 1,000.00 $750.00 $ 1,500.00 $1,434.99 $ 2,869.98
75 70 L.F. Furnish&Install 2-Inch PVC-Trenched $4.15 $ 290.50 $4.00 $ 280.00 $3.99 $ 279.30 $4.07 $ 284.90
76 215 L.F. Furnish&Install 3-Inch PVC-Trenched $6.15 $ 1,322.25 $6.00 $ 1,290.00 $5.93 $ 1,274.95 $6.05 $ 1,300.75
77 195 L.F. Furnish&Install 3-Inch PVC-Bored $18.35 $ 3,578.25 $20.00 $ 3,900.00 $17.85 $ 3,480.75 $18.19 $ 3,547.05
78 480 L.F. Furnish&Install IC#6 AWG(BARE) $0.50 $ 240.00 $0.50 $ 240.00 $0.47 $ 225.60 $0.48 $ 230.40
79 740 L.F. Furnish&Install IC#8 XHHW $0.60 $ 444.00 $0.75 $ 555.00 $0.55 $ 407.00 $0.59 $ 436.60
80 200 L.F. Furnish&Install 1C#6 XHHW $0.80 $ 160.00 $1.00 $ 200.00 $0.79 $ 158.00 $0.80 $ 160.00
81 7 Ea. Furnish&Install Ground Boxes Type C W/Apron $415.80 $ 2,910.60 S405.00 $ 2,835.00 $404.25 $ 2,829.75 S411.95 $ 2,883.65
82 1 Ea. Furnish&Install Electrical Service TY D(120/240)070(NS)SS(E)(C(0) $3,780.00 $ 3,780.00 $4,000.00 $ 4,000.00 $3,675.00 $ 3,675.00 $3,745.00 $ 3,745.00
_ 83 22 L.F. Furnish&Install Type 30-A Drilled Shaft Foundation $118.80 $ 2,613.60 $120.00 $ 2,640.00__ $115.50 $ 2,541.00 $117.70 $ 2,589.40
t:twytlet2001-i 17tspecs\tesMP&Bs-2.:ls Page 3 of 14
p{�
!!Y
4
TABULATION OF BIDS )3m OF BID OF BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063
Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension
84 26 L.F. Furnish&Install Type 36-A Drilled Shaft Foundation $129.60 $ 3,369.60 $130.00 $ 3,380.00 $126.00 $ 3,276.00 $128.40 $ 3,338.40
85 I Ea. Furnish&Install Traffic Signal Controller Foundation $1,404.00 $ 1,404.00 $1,400.00 $ 1,400.00 $1,365.00 $ 1,365.00 $1,391.00 $ 1,391.00
86 124 L.F. Furnish&Install Type I Solid White Markings(24") $3.80 $ 471.20 $4.00 $ 496.00 $4.20 $ 520.80 $13.75 $ 1,705.00
87 124 L.F. Furnish&Install Type 11 Solid White Markings(24") $0.30 $ 37.20 $0.50 $ 62.00 $2.10 $ 260.40 $9.47 $ 1,174.28
88 144 L.F. Eliminate Existing Pavement Markings(4") $1.05_$ 151.20 S1.30 $ 187.20 $1.05_$ 151.20 $7.33 $ 1,055.52
89 124 LF. Pavement Marking Surface Preparation(24") $0.25 $ 31.00 $0.25 $ 31.00 $1.05_ $ 130.20 $7.33 $ 908.92
90 1 Ea. Installation of Highway Traffic Signals $17,20.00 $ 17,280.00 $17,000.00 $ 17,000.00 $16,800.00 $ 16,800.00 $17,120.00 $ 17,120.00
91 36 Ea. Furnish&Install Vehicle Signal Section(12") $140.40 $ 5,054.40 $140.00 $ 5,040.00 $136.50 $ 4,914.00 $I39.10 $ 5,007.60
92 6 Ea. Furnish&Install Back Plates(12")-3 Section $65.90 $ 395.40 _ $65.00 $ 390.00 $64.05 $ 384.30 $65.27 $ 391.62
93 2 Ea. Furnish&Install Back Plates(12")-4 Section $69.15 $ 138.30 $70.00 $ 140.00 $67.20 $ 134.40, $68.48 $ 136.96
94 2 Ea. Furnish&Install Back Plates(12")-5 Section $77.75 $ 155.50 $80.00 $ 160.00 $75.60 $ 151.20 $77.04 $ 154.08
i 95 232 L.F. Furnish&Install 7C#14 AWG $1.75 $ 406.00 $1.75_$ 406.00 $1.68 $ 389.76 $1.71 $ 396.72
96 907 L.F. Fumish&Install 5C#14 AWG $1.05 $ 952.35 $1.00 $ 907.00 $1.00 $ 907.00 $1.02 $ 925.14
97 760 L.F. Furnish&Install 16C#14 AWG $2.40 $ 1,824.00 $2.50 $ 1,900.00 $2.31 $ 1,755.60 $2.35 $ 1,786.00
98 1 Ea. Furnish&Install Traffic Signal Pole w/28'Mast Arm w/Luminaire $4,860.00 $ 4,860.00 $4,800.00 $ 4,800.00- $4,725.00 $ 4,725.00 $4,815.00 $ 4,815.00
99 1 Ea. Furnish&Install Traffic Signal Pole w/32'Mast Arm w/Luminaire $5,184.00 $ 5,184.00 $5,100.00_$ 5,100.00 $5,040.00 $ 5,040.00 $5,136.00 $ 5,136.00
100 2 Ea. Furnish&Install Traffic Signal Pole w/48'Mast Arm w/Luminaire $6,696.00 $ 13,392.00 $6,500.00 $ 13,000.00 $6,510.00 $ 13,020.00 $6,634.00 $ 13,268.00
101 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Red) $79.95 $ 799.50 $80.00 $ 800.00 $77.70 $ 777.00, $79.18 $ 791.80
102 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Yellow) $91.80 $ 918.00 $90.00 $ 900.00 $89.25 $ 892.50 $90.95 $ 909.50
103 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Green) $162.00 $ 1,620.00 $160.00 $ 1,600.00 $157.50_ $ 1,575.00 $160.50 $ 1,605.00
104 2 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Yellow Arrow) $86.40 $ 172.80 $85.00 $ 170.00 $84.00 $ 168.00 $85.60 $ 171.20
105 4 Ea. Furnish
&Install 12-Inch LED Traffic Signal Lamp(Green Arrow) $124. 0 $ 496.80 $125.00 $ 500.00 $120.75 $ 483.00 $123.05 $ 492.20
106 1 Ea. Furnish&Install Secondary Spread Spectrum Radio(SSR) $3,456.00 $ 3,456.00 $3,500.00 $ 3,500.00 $3,360.00 $ 3,360.00 $3,424.00 $ 3,424.00
107 1 Ea. Furnish&Install Yagi SSR Antenna and Mounting Brackets $378.00 $ 378.00 $375.00 $ 375.00 $367.50 $ 367.50 $374.50 $ 374.50
108 120 L.F. _Furnish&Install SSR Cable $1.65 $ 198.00 $2.00 $ 240.00 $1.58 $ 189.60 $1.61 $ 193.20
109 1 Ea. Installation of VIVDS System $2,187.00 $ 2,187.00 $2,200.00 $ 2,200.00 $2,126.25 $ 2,126.25 $2,166.75 $ 2,166.75
110 1,436 L.F. Furnish&Install VIVDS Coaxial Cable(6 Pair 18 Gauge) $1.65 $ 2,369.40 $1.75 $ 2,513.00 $1.58 $ 2,268.88 $1.61 $ 2,311.96
AMOUNT BID: BASE BID (Items 1 Through 110) S 2,455,959.91 S 2,538,925.00 a $ 2,614,442.54, $ 2,727,538.04
J:twyttetzaot-t t7\spealt«MP&BS-2xis Page 4 of 14
I
TABULATION OF BIDS BID OF B11) OF BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Much Branch Road 6330 Commerce Drive,Suite 150
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063
Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension Price Extension Price Extension
1 ALTERNATE 1 (24-Foot Pavement) _
101-A 23,182 C.Y. Unclassified Street and Channel Excavation(Plan Quantity) $3.50 $ 81,137.00 $3.45 $ 79,977.90 $3.47 $ 80,441.54 $8.56 $ 198,437.92
102-A 37,452 C.Y. Construct Embankment Material(Plan Quantity) $3.50 $ 131,082.00 $3.45 $ 129,209.40 $4.14 $ 155,051.28 $9.20 $ 344,558.40
f 103-A 35,520 S.Y. Furnish&Place Topsoil(4-inches) $0.85 $ 30,192.00 $1.50 $ 53,280.00 $0.50 $ 17,760.00 $1.24 $ 44,044.80
1 104-A 22,769 S.Y. Furnish&Install Soil Retention Blanket with Broadcast Seeding or Hydromulch $1.00 $ 22,769.00 $1.50 $ 34,153.50 $1.25 $ 28,461.25 $1.27 $ 28,916.63,
1 105-A 23,250 S.Y. Furnish&Install Block Sod $2.75 $ 63,937.50 $2.50 $ 58,125.00 $2.26 $ 52,545.00 $2.03 $ 47,197.50
106-A 21,038 S.Y. Furnish&Install Lime Treated Subgrade $1.65 $ 34,712.70 $2.50 $ 52,595.00 $1.92 $ 40,392.96 $2.19 $ 46,073.22
107-A 378.7 Tons Furnish&Install Hydrated Lime(@ 36#/S.Y.) $95.00 $ 35,976.50 $100.00 $ 37,870.00 $102.00 $ 38,627.40 $100.45 $ 38,040.42,
108-A 19,519 S.Y. Furnish&Install 8-inch Reinforced Concrete Pavement $29.00 $ 566,051.00 $27.80 $ 542,628.20 $28.86 $ 563,318.34 $35.16 $ 686,288.04
109-A 1,065 S.Y. Furnish&Install 6-inch Non-reinforced Concrete Median Pavement $29.00 $ 30,885.00 $30.00 $ 31,950.00 $24.19 $ 25,762.35 $27.49 $ 29,276.85
1 110-A 10,990 L.F. Furnish&Install 6-inch Monolithic Concrete Curb $1.50 $ 16,485.00 $1.00 $ 10,990.00 $2.50 $ 27,475.00 $1.54 $ 16,924.60
111-A 169 L.F. Furnish&Install Reinforced Concrete Street Header $10.00 $ 1,690.00 $10.00 $ 1,690.00 $25.00 $ 4,225.00 $5.34 $ 902.46
112-A 715 S.Y. Fumish&Install Reinforced Concrete Driveway $38.00 $ 27,170.00 $35.00 $ 25,025.00 $36.00 $ 25,740.00 $36.99 $ 26,447.85
113-A 236 S.Y. Construct 8"HMAC Transition Pavement $33.00 $ 7,788.00 $31.00 $ 7,316.00 $33.00 $ 7,788.00 $36.17 $ 8,536.12
114-A 271 S.Y. Construct Temporary 6"HMAC Pavement $25.00 $ 6,775.00 $30.00 $ 8,130.00 $25.00 $ 6,775.00 $40.14 $ 10,877.94
115-A 236 L.F. Furnish&Install Barrel Mounted Metal Beam Guard Fence $30.00 $ 7,080.00 $25.00 $ 5,900.00 $25.00 $ 5,900.00 $29.90 $ 7,056.40
116-A 600 L.F. Furnish&Install Broken White Line Traffic Buttons $0.50 $ 300.00 $0.50 $ 300.00 $0.54 $ 324.00 $0.78 $ 468.00
117-A 1,612 L.F. Furnish&Install White Edge Line Traffic Buttons $0.50 $ 806.00 $0.50 $ 806.00 $0.86 $ 1,386.32 $0.78 $ 1,257.36
118-A 730 L.F. Furnish&Install Yellow Edge Line Traffic Buttons $0.50 $ 365.00 $0.50 $ 365.00, $0.86 $ 627.80 $0.83 $ 605.90
119-A 6,156 L.F. Furnish&Install Double Yellow Line Traffic Buttons $1.00 $ 6,156.00 $1.25 $ 7,695.00 $1.31 $ 8,064.36 $1.10 $ 6,771.60
120-A 102 L.F. Furnish&Install Double White Line Traffic Buttons $1.00 $ 102.00 $1.00 $ 102.00 $4.26 $ 434.52 $1.10 $ 112.20
AMOUNT BID: ALTERNATE 1 (Items 101-A Through 120-A) $ 1,071,459.70 $ 1,088,108.00 $ 1,091,100.12 S 1,542,794.21
15lwyhet20otatTtpeaitech1P&Bs-2.xis Page 5 of 14
TABULATION OF BIDS Date: February 18,2005 BID OF BID OF BID OF BID OF
Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,LP. Austin Bridge&Road,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Orr Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063
•
Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid
E€ No. Quantities Unit Description Price Extension Price Extension Price Extension. Price Extension
ALTERNATE 2 (36-Foot Pavement)
201-A 24,104 C.Y. Unclassified Street and Channel Excavation(Plan Quantity) $3.50 $ 84,364.00 $3.45 $ 83,158.80 $3.56 $ 85,810.24 $8.03 $ 193,555.12
202-A 36,221 C.Y. Construct Embankment Material(Plan Quantity) $3.50 $ 126,773.50 $3.45 $ 124,962.45 $4.14 $ 149,954.94 $8.40 $ 304,256.40
203-A 35,520 S.Y. Furnish&Place Topsoil(4-inches) $0.85 $ 30,192.00 $1.50 $ 53,280.00 $0.50 $ 17,760.00 $1.24 $ 44,044.80
204-A 22,769 S.Y. Furnish&Install Soil Retention Blanket with Broadcast Seeding or Hydromulch $1.00 $ 22,769.00 $1.50 $ 34,153.50 $1.25 $ 28,461.25 $1.27 $ 28,916.63
k205-A 15,906 S.Y. Furnish&Install Block Sod $2.75 $ 43,741.50 $2.50 $ 39,765.00 $2.26 $ 35,947.56 $2.03 $ 32,289.18
206-A 28,245 S.Y. Furnish&Install Lime Treated Subgrade $1.65 $ 46,604.25 $2.50 $ 70,612.50 $1.92 $ 54,230.40 $1.84 $ 51,970.80
207-A 508.4 Tons Furnish&Install Hydrated Lime(@ 36#/S.Y.) $95.00 $ 48,298.00 $100.00 $ 50,840.00 $102.00 $ 51,856.80 $100.45 $ 51,068.78
208-A 25,680 S.Y. Furnish&Install 8-inch Reinforced Concrete Pavement $29.00 $ 744,720.00 $28.95 $ 743,436.00 $28.21 $ 724,432.80 $33.73-$ 866,186.40
209-A 1,065 S.Y. Furnish&Install 6-inch Non-reinforced Concrete Median Pavement $27.50 $ 29,287.50 $30.00 $ 31,950.00 $24.19 $ 25,762.35 $27.49 $ 29,276.85-
a 210-A 10,920 L.F. Furnish&Install 6-inch Monolithic Concrete Curb $1.50 $ 16,380.00 $1.00 $ 10,920.00 $2.50 $ 27,300.00 $1.54 $ 16,816.80
211-A 182 L.F. Furnish&Install Reinforced Concrete Street Header $10.00 $ 1,820.00 $10.00 $ 1,820.00 $25.00 $ 4,550.00 $5.41 $ 984.62
212-A 710 S.Y. Furnish&Install Reinforced Concrete Driveway $38.00 $ 26,980.00, $35.00 $ 24,850.00 $36.00 $ 25,560.00 $35.23 $ 25,013.30
213-A 333 S.Y. Construct 8"HMAC Transition Pavement $33.00 $ 10,989.00 $32.00 $ 10,656.00 $33.00 $ 10,989.00 $30.08 $ 10,016.64
214-A 223 S.Y. Construct Temporary 6"HMAC Pavement $25.00 $ 5,575.00 $32.00 $ 7,136.00 $25.00 $ 5,575.00 $44.03 $ 9,818.69
215-A 36 L.F. Furnish&Install Barrel Mounted Metal Beam Guard Fence $30.00 $ 1,080.00 $50.00 $ 1,800.00 $25.00 $ 900.00 $29.90 $ 1,076.40
216-A 6,080 L.F. Furnish&Install Broken White Line Traffic Buttons $0.50 $ 3,040.00 $0.50 $ 3,040.00 $0.54 $ 3,283.20 $0.66 $ 4,012.80
217-A 1,612 LF. Furnish&Install White Edge Line Traffic Buttons $0.50 $ 806.00 $0.50 $ 806.00 $0.86 $ 1,386.32 $0.66 $ 1,063.92
218-A 580 L.F. Furnish&Install Yellow Edge Line Traffic Buttons $0.50 $ 290.00 $0.50 $ 290.00 $0.86 $ 498.80 $0.72 $ 417.60
i
i 219-A 6,156 L.F. Furnish&Install Double Yellow Line Traffic Buttons $1.00 $ 6,156.00 $1.25 $ 7,695.00 $1.31 $ 8,064.36 $0.98 $ 6,032.88
220-A 1,026 L.F. Furnish&Install Double White Line Traffic Buttons $1.00 $ 1,026.00 $1.00 $ 1,026.00 $4.26 $ 4,370.76 $0.98 $ 1,005.48
221-A I LS. Furnish&Install White Directional Arrow Pavement Markings $350.00 $ 350.00 $1,000.00 $ 1,000.00 $420.00 $ 420.00 $2,675.00 $ 2,675.00
AMOUNT BID: ALTERNATE 2 (Items 201-A Through 221-A) S 1,251,241.75_ $ 1,303,197.25 $ 1,267,113.78 $ 1,680,499.09
I:\Wylie\2001-11Tspecs tech\P&BS-2xts Page 6 of 14
TABULATION OF BIDS BID OF BID OF BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. Site Concrete,Inc. Tiseo Paving Co. JRJ Paving,L.P. Austin Bridge&Road,Inc.
Mania Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 3340 Roy Ors Blvd. 419 E.Hwy 80 2277 Masch Branch Road 6330 Commerce Drive,Suite 150
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Grand Prairie,Dallas 75050 Mesquite,Texas 75150 Denton,Texas 76207 Irving,Texas 75063
t Item Approximate Unit Bid Unit Bid Unit Bid Unit Bid
t No. Quantities Unit Description Price Extension Price Extension Price Extension. Price Extension
ALTERNATE 3 (12-Inch Water Line) ,
301-A 3,850 L.F. Furnish&Install 12-Inch PVC Water Line w/Standard Embedment $24.00 _$ 92,400.00 ' S43.50 $ 167,475.00 $44.45 $ 171,132.50 $38.52 $ 148,302.00
302-A 70 L.F. Furnish&Install I2-Inch PVC Water Line w/Concrete Encasement $55.00 $ 3,850.00 $77.00 $ 5,390.00 $76.12 S 5,328.40 $80.25 $ 5,617.50
I 303-A 726 L.F. Furnish&Install 8-Inch PVC Water Line w/Standard Embedment $20.00 $ 14,520.00 $36.50 $ 26,499.00 $36.33 $ 26,375.58 $29.96 $ 21,750.96,
€
k 304-A 20 L.F. Furnish&Install 8-Inch PVC Water Line w/Concrete Encasement $48.00 $ 960.00 $65.00 $ 1,300.00 $63.53 $ 1,270.50 $71.69 $ 1,433.80
€ 305-A 41 L.F. Furnish&Install 6-Inch PVC Water Line w/Standard Embedment $18.00 $ 738.00 $35.00 $ 1,435.00 $31.50 $ 1,291.50 $37.45 $ 1,535.45
306-A 12 Ea. Furnish&Install 12-Inch Gate Valve $2,750.00 $ 33,000.00 $2,150.00_$ 25,800.00 $2,152.50 $ 25,830.00 $2,140.00 $ 25,680.00
307-A 13 Ea. Furnish&Install 8-Inch Gate Valve _ $875.00 $ 11,375.00 $925.00 $ 12,025.00 $908.25 $ 11,807.25 $1,391.00 $ 18,083.00
} 308-A 14 Ea. Furnish&Install 6-Inch Gate Valve $775.00 $ 10,850.00 $725.00 $ 10,150.00 $719.25 $ 10,069.50 $1,016.50 $ 14,231.00
309-A 9 Ea. Furnish&Install Standard Fire Hydrant Assembly $2,200.00 $ 19,800.00 $2,500.00 $ 22,500.00 $2,391.37 $ 21,522.33 $2,033.00 $ 18,297.00
310-A 3 Ea. Remove&Salvage Existing Fire Hydrant $1,000.00 $ 3,000.00 $675.00 b 2,025.00 $659.75 $ 1,979.25 $321.00 $ 963.00
311-A 1 Ea. Furnish&Install Blow-Off Valve Assembly S2,750.00 $ 2,750.00 $2,600.00 $ 2,600.00 $2,564.63 $ 2,564.63 $2,568.00_ $ 2,568.00
312-A 2 Ea. Connect to Existing Water Line $650.00 $ 1,300.00 $7,500.00 $ 15,000.00 $7,245.00 $ 14,490.00 $5,457.00 $ 10,914.00
313-A 13 Ea. Transfer Existing Water Service $1,000.00 $ 13,000.00 $900.00 $ 11,700.00 $847.30 $ 11,014.90 $642.00 $ 8,346.00
g AMOUNT BID: ALTERNATE 3(Items 301-A Through 313-A) $ 207,543.00 $ 303,899.00 $ 304,676.34 $ 277,721.71
SUMMARY OF BID
AMOUNT BID: BASE BID(Items 1 Through 110) $ 2,455,959.91 $ 2,538,925.00 $ 2,614,442.54 S 2,727,538.04
AMOUNT BID: ALTERNATE 1 (Items 101-A Through 120-A) S 1,071,459.70 $ 1,088,108.00 $ 1,091,100.12 $ 1,542,794.21
AMOUNT BID:ALTERNATE 2(Items 201-A Through 221-A) $ 1,251,241.75 $ 1 303,197.25 $ 1,267,113.78 $ 1,680,499.09
AMOUNT BID: ALTERNATE 3 (Items 301-A Through 3I3-A) S 207,543.00 $ 303,899.00 _ $ 304,676.34 $ 277,721.71
(BASE BID)+(ALTERNATE 1) $ 3,527,419.61 $ 3,627,033.00 $ 3,705,542.66 $ 4,270,332.25
(BASE BID)+(ALTERNATE 2) $ 3,707,201.66 $ 3,842,122.25 $ 3,881,556.32 $ 4,408,037.13
(BASE BID)+(ALTERNATE 1)+ (ALTERNATE 3) $ 3,734,962.61 $ 3,930,932.00 $ 4,010,219.00 $ 4,548,053.96
I (BASE BID)+(ALTERNATE 2)+(ALTERNATE 3) $ 3,914,744.66 $ 4,146,021.25 $ 4,186,232.66 $ 4,685,758.84
I
IContinuously Reinforced Concrete Pavement(CRCP): Add or Deduct
ALTERNATE 1: 24-FOOT PAVEMENT(CRCP) $ (39,088.00) $ (55,000.00) $ 244,232.00 $ (27,759.00)
ALTERNATE 2: 36-FOOT PAVEMENT(CRCP) $ (51,360.00) $ (55,000.00) $ 310,689.00 $ (26,049.00)
Calendar Days Bid: 275 300 300 No Bid
Jiwyhe@00t-117\spec:trcch\NUS-2.xls Page 7 of 14
TABULATION OF BIDS BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc.
Mania Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106
Item Approximate Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension
BASE BID
1 61.6 Sta. Preparation of Right-of-Way,Clearing&Grubbing $3,632.00 $ 223,731.20 $3,075.00 $ 189,420.00
2 2,239 S.Y. Remove Reinforced Concrete Pavement $29.70 $ 66,498.30 $5.60 $ 12,538.40
3 509 S.Y. Remove Asphaltic Concrete Pavement $3.00 $ 1,527.00 S5.60 $ 2,850.40
4 2,384 S.Y. Furnish&Install Cement Treated Base $16.80 $ 40,051.20 $11.00 $ 26,224.00
[[
g 5 250 L.F. Furnish&Install Metal Beam Guard Fence(12 ga.)(Steel Post) $22.00 $ 5,500.00 $27.50 $ 6,875.00
1. 6 2 Ea. Furnish&Install Guardrail Extruder Terminal $2,468.00 $ 4,936.00 $1,960.00 $ 3,920.00
7 820 L.F. Furnish&Install Portable&Precast Concrete Traffic Barrier $47.00 $ 38,540.00 S45.00 $ 36,900.00
8 868 L.F. Furnish&Install 3-Strand Barbed Wire Fence $4.00 $ 3,472.00 S2.75 $ 2,387.00
9 555 L.F. Remove 3-Strand Barbed Wire Fence $1.00 $ 555.00 $1.50 $ 832.50
10 1,832 L.F. Remove&Replace 3-Strand Barbed Wire Fence $4.20 $ 7,694.40 S4.25 $ 7,786.00
11 27 L.F. Remove&Replace Wood Rail Fence $23.00 $ 621.00 $13.25 $ 357.75
12 1,572 L.F. Remove&Replace Chain Link Security Fence $17.90 $ 28,138.80 $13.75 $ 21,615.00
13 2 Ea. Construct 24-ft Wide Security Gate $1,050.00 $ 2,100.00 $2,572.50 $ 5,145.00
14 213.5 S.F. Furnish&Install Aluminum Signs(Type"A") $32.00 $ 6,832.00 $20.60 $ 4,398.10
15 29 Es. Furnish&Install Small Roadside Sign Assembly(Type"A"Mount) $383.00 $ 11,107.00 $360.00 $ 10,440.00
16 2 Ea. Furnish&Install Small Roadside Sign Assembly(Type"A")(Rotating)(Special Mount) $1,103.00 $ 2,206.00 $720.00 $ 1,440.00
17 9,322 S.Y. Construct Temporary 6-inch Flexible Base Pavement $6.60 $ 61,525.20 $8.00 $ 74,576.00
18 1,299 L.F. Furnish&Install 18-inch Reinforced Concrete Pipe(Class III) $33.60 $ 43,646.40 $80.60 $ 104,699.40
19 64 L.F. Furnish&Install 21-inch Reinforced Concrete Pipe(Class III) $39.00 $ 2,496.00 $72.40 5 4,633.60
20 769 L.F. Furnish&Install 24-inch Reinforced Concrete Pipe(Class III) $43.00 $ 33,067.00 $79.35 $ 61,020.15
21 624 L.F. Furnish&Install 27-inch Reinforced Concrete Pipe(Class III) $50.00 $ 31,200.00 $90.20 $ 56,284.80
22 1,446 L.F. Furnish&Install 30-inch Reinforced Concrete Pipe(Class III) $55.70 $ 80,542.20 $100.40 $ 145,178.40
23 807 L.F. Furnish&Install 36-inch Reinforced Concrete Pipe(Class III) $70.00 $ 56,490.00 $124.85 $ 100,753.95
24 634 L.F. `Furnish&Install 42-inch Reinforced Concrete Pipe(Class III) $95.00 S 60,230.00 S157.00 $ 99,538.00
25 131 L.F. Furnish&Install Three 10'x 8'Reinforced Concrete Box Culverts $1,105.00 $ 144,755.00 $1,170.00 $ 153,270.00
_ 26 2 Ea. Furnish&Install Modified Parallel Wingwatls with Apron $53,708.00 $ 107,416.00 S40,000.00 $ 80,000.00
27 7 Ea. Furnish&Install 8-ft.Recessed Curb Inlet $1,916.00 $ 13,412.00 $2,100.00 $ 14,700.00
J:\Wylie\200t-t tTspecs\tech1P&BS-2.xls Page 8 of 14
TABULATION OF BIDS BID of $ID OF
Date: February 18,2005
Project: CITY OF WYLIE, TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106
Item Approximate Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension
28 9 Ea. Furnish&Install 10-ft.Recessed Curb Inlet $2,126.00 $ 19,134.00 $2,300.00 $ 20,700.00
29 I 1 Ea. Furnish&Install 12-ft.Recessed Curb Inlet $2,336.00 $ 25,696.00 $2,500.00 $ 27,500.00
30 8 Ea. Furnish&Install 14-ft.Recessed Curb Inlet $2,783.00 $ 22,264.00 $3,100.00 $ 24,800.00
31 1 Ea. Furnish&Install I6-ft.Recessed Curb Inlet $2,993.00 $ 2,993.00 $3,400.00 $ 3,400.00
32 6 Ea. Furnish&Install 20-ft.Recessed Curb Inlet $3,360.00 $ 20,160.00 $3,900.00 $ 23,400.00
I 33 1 Ea. Furnish&Install Standard Drop Inlet $1,785.00 $ 1,785.00 $2,700.00 $ 2,700.00
t t 34 2 Ea. Furnish&Install 18"Sloped Reinforced Concrete Pipe $315.00 $ 630.00 $3,000.00 $ 6,000.00
35 5 Ea. Furnish&Install Type"A"Storm Sewer Manhole $3,990.00 $ 19,950.00 $5,600.00 $ 28,000.00
36 6 C.Y. Construct Type"C"Sloping Headwall $315.00 $ 1,890.00 $400.00 $ 2,400.00
37 420 L.F. Furnish&Install 2-inch PVC Conduit(Sch.40)(Lighting)(Buried) $4.00 $ 1,680.00 $3.80 $ 1,596.00
38 470 L.F. Furnish&Install 2-inch PVC Conduit(Sch.40)(Signal)(Buried) $4.00 $ 1,880.00 $3.80 $ 1,786.00
f 39 420 L.F. Furnish&Install 4-inch PVC Conduit(Sch.40)(Lighting)(Buried) $6.00 $ 2,520.00 $5.75 $ 2,415.00
40 470 L.F. Furnish&Install 4-inch PVC Conduit(Sch.40)(Signal)(Buried) $6.00 $ 2,820.00 $5.75 $ 2,702.50
a 41 1,040 L.F. Furnish&Install 2-inch Rigid Aluminum Conduit(Lighting)(Structure) $9.50 $ 9,880.00 $9.00 $ 9,360.00
42 26 Ea. Furnish&Install Ground Pull Box(Electrical) $368.00 $ 9,568.00 $350.00 $ 9,100.00
43 9 Ea. Furnish&Install TxDOT Type"C"Pull Box(Signal) $404.00 $ 3,636.00 $385.00 $ 3,465.00
44 1 L.S. Construct Retaining Wall at State Highway 78 $32,340.00 $ 32,340.00 $50,000.00 $ 50,000.00
45 15,570 L.F. Furnish&Install Sediment Control Fence $1.21 $ 18,839.70 $1.25 $ 19,462.50
46 15,570 L.F. Remove Sediment Control Fence $0.16 $ 2,491.20 $0.15 $ 2,335.50
47 40 L.F. Furnish&Install Rock Filter Dams(Type 1) $19.00 $ 760.00 $17.50 $ 700.00
6 48 40_ L.F. Furnish&Install Rock Filter Dams(Type 1)(Remove) $5.00 $ 200.00 $5.00 $ 200.00
1 49 53 S.Y. Construction Entrance/Exit(Type 2) $23.00 $ 1,219.00 $13.00 $ 689.00
50 53 S.Y. Construction Entrance/Exit(Type 2)(Remove) $12.00 $ 636.00 $3.50 $ 185.50
51 5,774 L.F. Design and Provide Trench Safety Systems $0.10 $ 577.40 $1.00 $ 5,774.00
52 110 L.F. Construct Drilled Shafts(18-Inch) $75.00 $ 8,250.00 $44.60 $ 4,906.00
53 772 L.F. Construct Drilled Shafts(36-Inch) $91.00 $ 70,252.00 $95.80 $ 73,957.60
54 20 L.F. Construct Formed Drilled Shafts(36-Inch) $121.00 $ 2,420.00 $212.00 $ 4,240.00
55 97 C.Y. Furnish&Install Class"C"Concrete(Abutment) $462.00 $ 44,814.00 $492.00 $ 47,724.00
J:\Wylie\2001-117\spealtech\P&BS-2.xls Page 9 of 14
TABULATION OF BIDS BID OF BID OF
Date: February 18,2005
Project: CLTY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. LH.Lacy Co.LTD Orval Hall Excavating Co.,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106
Item Approximate Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension
56 94 C.Y. Furnish&Install Class"C"Concrete(Bent) $534.00 $ 50,196.00 $609.00 $ 57,246.00
57 23,972 S.F. Furnish&Install Bridge Reinforced Concrete Slab $12.60 $ 302,047.20 $13.40 $ 321,224.80
58 3,750 LF. Furnish&Install Prestressed Concrete Beam(Type IV) $131.30 $ 492,375.00 $102.00 $ 382,500.00
59 2,442 S.Y. Furnish&Install Concrete Surface Treatment $L.50 $ 3,663.00 $6.70 $ 16,361.40
60 230 C.Y. Furnish&Install Rip Rap(Concrete)(Class"B")(5-Inch)(RR8) $311.00 $ 71,530.00 $304.00 $ 69,920.00
61 509 L.F. Furnish&Install Traffic Rail(C201)(Galvanized Steel)(Bridge) $74.00 $ 37,666.00 $86.60 $ 44,079.40
62 517 LF. Furnish&Install Traffic Rail(C201)(MOD)(Galvanized Steel)(Bridge) $75.00 $ 38,775.00 $86.60 $ 44,772.20
_ 63 300 LF. Furnish&Install Traffic Rail(C201)(Galv.Steel)(Culvert)(Rat.Wall) $75.00 $ 22,500.00 $93.10 $ 27,930.00
64 507 L.F. Furnish&Install Steel Pedestrian Railing $131.00 $ 66,417.00 $84.90 $ 43,044.30
65 145 LF. Furnish&Install Sealed Expansion Joint(SFJ-A)(4-Inch) $152.00 $ 22,040.00 $95.90 $ 13,905.50
66 92 C.Y. Furnish&Install Structural Approach Slab(Class"C")(10-Inch) $335.00 $ 30,820.00 $367.00 $ 33,764.00
i 67 1 Ea. Adjust Existing Water Meter Manhole Frame&Cover $1,906.00 $ 1,906.00 $500.00 $ 500.00
68 6 Ea. Adjust Existing Sanitary Sewer Manhole Frame&Cover $1,906.00 $ 11,436.00 $500.00 $ 3,000.00
69 3 Ea. Adjust Existing Water Valve Box $1,650.00 $ 4,950.00 $500.00 $ 1,500.00
70 1 Ea. Relocate Existing Water Valve&Hose Bibb $998.00 $ 998.00 $500.00 $ 500.00
71 11 Ea. Remove Existing Small Drainage Structures(24"or Loss) $567.00 $ 6,237.00 $220.00 $ 2,420.00
72 1 L.S. Remove&Reconstruct Glen Knolls Signs&Planter Boxes $27,500.00 $ 27,500.00 $2,000.00 $ 2,000.00
73 10 Mos. Furnish,Install&Maintain Barricades,Signs&Traffic Handling $15,839.00 $ 158,390.00 $17,820.00 $ 178,200.00
74 2 Ea. Furnish&Install Project Sign $550.00 $ 1,100.00 $350.00 $ 700.00
75 70 L.F. Furnish&Install 2-Inch PVC-Trenched $4.00 $ 280.00 $3.80 $ 266.00
76 215 L.F. Furnish&Install 3-Inch PVC-Trenched $6.00 $ 1,290.00 $5.65 $ 1,214.75
I 77 195 L.F. Furnish&Install 3-Inch PVC-Bored $18.00 $ 3,510.00 $17.00 $ 3,315.00
78 480 L.F. Furnish&Install IC#6 AWG(BARE) $0.47 $ 225.60 $0.45 $ 216.00
79 740 LF. Furnish&Install IC#8 XHHW $1.00 $ 740.00 $0.55 $ 407.00
80 200 L.F. Fumish&Install IC#6 XHHW $1.00 $ 200.00 $0.75 $ 150.00
81 7 Ea. Furnish&Install Ground Boxes Type C W/Apron $404.00 $ 2,828.00 $385.00 $ 2,695.00
82 1 Ea. Furnish&Install Electrical Service TY D(120/240)070(NS)SS(E)GC(0) $3,675.00 $ 3,675.00 S3,500.00 $ 3,500.00
83 22 LF. Furnish&Install Type 30-A Drilled Shaft Foundation $116.00 $ 2,552.00 $110.00 $ 2,420.00
J:\WyGe1200l-ttn \ttth\P&B5-2.xis Page 10 of 14
TABULATION OF BIDS BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106
Item Approximate Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension
84 26 L.F. Furnish&Install Type 36-A Drilled Shaft Foundation $126.00 $ 3,276.00 $120.00 $ 3,120.00
85 1 Ea. Furnish&Install Traffic Signal Controller Foundation $1,365.00 $ 1,365.00 $1,300.00 $ 1,300.00
86 124 L.F. Furnish&Install Type I Solid White Markings(24") $4.00 $ 496.00 $3.50 $ 434.00
87 124 L.F. Furnish&Install Type II Solid White Markings(24") $2.00 $ 248.00 $0.25 $ 31.00
88 144 L.F. Eliminate Existing Pavement Markings(4") $1.00 $ 144.00 $0.95 $ 136.80
89 124 L.F. Pavement Marking Surface Preparation(24") $1.00 $ 124.00 $0.20 $ 24.80
-
90 1 Ea. Installation of Highway Traffic Signals S16,800.00 $ 16,800.00 $16,000.00 $ 16,000.00
91 36 Ea. Furnish&Install Vehicle Signal Section(12") $137.00 $ 4,932.00 $130.00 $ 4,680.00
I92 6 Ea. Furnish&Install Back Plates(12")-3 Section $64.00 $ 384.00 $61.00 $ 366.00
93 2 Ea. Furnish&Install Back Plates(12")-4 Section $67.00 $ 134.00 $64.00 $ 128.00
94 2 Ea. Furnish&Install Back Plates(12")-5 Section $76.00 $ 152.00 $72.00 $ 144.00
95 232 L.F. Furnish&Install 7C#14 AWG $2.00 $ 464.00 $1.60 $ 371.20
96 907 L.F. Furnish&Install 5C#14 AWG $1.00 $ 907.00 $0.95 $ 861.65
97 760 L.F. Furnish&Install 16C#14 AWG $2.00 $ 1,520.00 $2.20 $ 1,672.00
98 1 Ea. Furnish&Install Traffic Signal Pole w/28'Mast Arm w/Luminaire $4,725.00 $ 4,725.00 $4,500.00 $ 4,500.00
99 1 Ea. Furnish&Install Traffic Signal Pole w/32'Mast Arm w/Luminaire $5,040.00 $ 5,040.00 $4,800.00 $ 4,800.00
100 2 Ea. Furnish&Install Traffic Signal Pole w/48'Mast Arm w/Luminaire $6,510.00 $ 13,020.00 $6,200.00 $ 12,400.00
101 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Red) $78.00 $ 780.00 $74.00 $ 740.00
102 10 Ea. Famish&Install 12-Inch LED Traffic Signal Lamp(Yellow) $89.00 $ 890.00 $85.00 $ 850.00
103 10 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Green) $158.00 $ 1,580.00 $150.00 $ 1,500.00
104 2 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Yellow Arrow) $84.00 $ 168.00 $80.00 $ 160.00
105 4 Ea. Furnish&Install 12-Inch LED Traffic Signal Lamp(Green Arrow) $121.00 $ 484.00 $115.00 $ 460.00
106 1 Ea. Furnish&Install Secondary Spread Spectrum Radio(SSR) $3,360.00 $ 3,360.00 $3,200.00 $ 3,200.00
107 1 Ea. Furnish&install Yagi SSR Antenna and Mounting Brackets $368.00 $ 368.00 $350.00 $ 350.00
108 120 L.F. Famish&Install SSR Cable $2.00 $ 240.00 $1.50 $ 180.00
109 1 Ea. Installation of VIVDS System $2,126.00 $ 2,126.00 $2,025.00 $ 2,025.00
110 1,436 L.F. Furnish&Install VIVDS Coaxial Cable(6 Pair 18 Gauge) S1.60 $ 2,297.60 $1.50 $ 2,154.00
AMOUNT BID: BASE BID(Items I Through 110) $ 2,839,446.40 $ 2,927,621.85
J.\wyhe2OOI.It s s\i«h\P&Bs-2.xi: Page 11 of 14
TABULATION OF BIDS BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE, TEXAS BIRKBOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106
I Item Approximate Unit Bid Unit Bid
€ No. Quantities Unit Description Price Extension Price Extension
I ALTERNATE 1 (24-Foot Pavement) ,
101-A 23,182 C.Y. Unclassified Street and Channel Excavation(Plan Quantity) $4.38 $ 101,537.16 $5.00 $ 115,910.00
102-A 37,452 C.Y. Construct Embankment Material(Plan Quantity) $3.41 $ 127,711.32 $5.28 $ 197,746.56
103-A 35,520 S.Y. Furnish&Place Topsoil(4-inches) $5.50 $ 195,360.00 $0.88 $ 31,257.60
104-A 22,769 S.Y. Furnish&Install Soil Retention Blanket with Broadcast Seeding or Hydromuich $1.18 S 26,867.42 $1.19 S 27,095.11
i 105-A 23,250 S.Y. Furnish&Install Block Sod $2.54 $ 59,055.00 $2.15 $ 49,987.50
106-A 21,038 S.Y. Furnish&Install Lime Treated Subgrade $2.41 $ 50,701.58 $1.31 $ 27,559.78
107-A 378.7 Tons Furnish&Install Hydrated Lime(@ 36#/S.Y.) $103.00 $ 39,006.10 $99.75 $ 37,775.33
i 108-A 19,519 S.Y. Furnish&Install 8-inch Reinforced Concrete Pavement $30.46 $ 594,548.74 $31.44 $ 613,677.36
109-A 1,065 S.Y. Furnish&Install 6-inch Non-reinforced Concrete Median Pavement $28.60 $ 30,460.07 $37.80 $ 40,257.00
1 110-A 10,990 L.F. Furnish&Install 6-inch Monolithic Concrete Curb $1.00 $ 10,990.00 $1.89 $ 20,771.10
111-A 169 L.F. Furnish&Install Reinforced Concrete Street Header $8.00 $ 1,352.00 $6.30 $ 1,064.70
112-A 715 S.Y. Furnish&Install Reinforced Concrete Driveway $30.00 $ 21,450.00 $36.75 $ 26,276.25
113-A 236 S.Y. Construct 8"HMAC Transition Pavement $37.00 $ 8,732.00 $29.40 S 6,938.40
114-A 271 S.Y. Construct Temporary 6"MAC Pavement $28.00 $ 7,588.00 $23.00 $ 6,233.00
115-A 236 LF. Furnish&Install Barret Mounted Metal Beam Guard Fence $0.00 $ $27.50 $ 6,490.00
116-A 600 L.F. Furnish&Install Broken White Line Traffic Buttons $1.00 $ 600.00 $0.46 $ 276.00
117-A 1,612 L.F. Furnish&Install White Edge Line Traffic Buttons $0.90 $ 1,450.80 $0.46 $ 741.52
118-A 730 L.F. Furnish&Install Yellow Edge Line Traffic Buttons $1.00 $ 730.00 $0.46 $ 335.80
I 119-A 6,156 L.F. Furnish&Install Double Yellow Line Traffic Buttons $1.30 $ 8,002.80 $0.92 $ 5,663.52
120-A 102 L.F. Furnish&Install Double White Line Traffic Buttons $4.00 $ 408.00 $0.92 $ 93.84
AMOUNT BID: ALTERNATE 1 (Items 101-A Through 120-A) S 1,286,550.99. $ 1,216,150.37
l:twyrc\z000-t t7aa\t«htraas-2.xi Page 12 of 14
TABULATION OF BIDS BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc.
Alanis Drive Paving,Drainage&Waterline Improvements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106
Item Approximate Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension
ALTERNATE 2 (36-Foot Pavement)
201-A 24,104 C.Y. Unclassified Street and Channel Excavation(Plan Quantity) $3.41 $ 82,194.64 $5.00 $ 120,520.00
202-A 36,221 C.Y. Construct Embankment Material(Plan Quantity) $5.97 $ 216,239.37 $4.90 $ 177,482.90
203-A 35,520 S.Y. Furnish&Place Topsoil(4-inches) $5.50 $ 195,360.00 $0.88 $ 31,257.60
204-A 22,769 S.Y. Furnish&Install Soil Retention Blanket with Broadcast Seeding or Hydromulch $1.18 $ 26,867.42 $1.19 $ 27,095.11
205-A 15,906 S.Y. Furnish&Install Block Sod $2.54 $ 40,401.24 $2.15 $ 34,197.90
206-A 28,245 S.Y. Furnish&Install Lime Treated Subgrade $2.21 $ 62,421.45 $1.31 $ 37,000.95
207-A 508.4 Tons Furnish&Install Hydrated Lime(®36#/S.Y.) $102.00 $ 51,856.80 $99.75 $ 50,712.90
208-A 25,680 S.Y. Furnish&Install 8-inch Reinforced Concrete Pavement $28.60 $ 734,448.00 $32.50 $ 834,600.00
209-A 1,065 S.Y. Furnish&Install 6-inch Non-reinforced Concrete Median Pavement $28.60 $ 30,459.00 S37.80 $ 40,257.00
210-A 10,920 L.F. Furnish&Install 6-inch Monolithic Concrete Curb $1.00 $ 10,920.00 $2.47 $ 26,972.40
211-A 182 L.F. Furnish&Install Reinforced Concrete Street Header $8.00 $ 1,456.00 $6.30 $ 1,146.60
212-A 710 S.Y. Furnish&Install Reinforced Concrete Driveway $30.00 $ 21,300.00 $36.75 $ 26,092.50
213-A 333 S.Y. Construct 8"HMAC Transition Pavement $37.00 $ 12,321.00 $29.40 $ 9,790.20
214-A 223 S.Y. Construct Temporary 6"HMAC Pavement $28.00 $ 6,244.00 $23.00 $ 5,129.00
215-A 36 L.F. Furnish&Install Barrel Mounted Metal Beam Guard Fence $ - $27.50 $ 990.00
216-A 6,080 L.F. Furnish&Install Broken White Line Traffic Buttons $0.50 $ 3,040.00 $0.46 $ 2,796.80
217-A 1,612 L.F. Furnish&Install White Edge Line Traffic Buttons $0.90 $ 1,450.80 $0.46 $ 741.52
2I8-A 580 L.F. Furnish&Install Yellow Edge Line Traffic Buttons $1.00 $ 580.00 $0.46 $ 266.80
219-A 6,156 L.F. Furnish&Install Double Yellow Line Traffic Buttons $1.30 $ 8,002.80 $0.92 $ 5,663.52
220-A 1,026 L.F. Furnish&Install Double White Line Traffic Buttons $4.20 $ 4,309.20 $0.92 $ 943.92
221-A 1 L.S. Furnish&Install White Directional Arrow Pavement Markings $420.00 $ 420.00 $350.00 $ 350.00
AMOUNT BID: ALTERNATE 2 (Items 201-A Through 221-A) $ 1,510,291.72 $ 1,434,007.62
Page 13 of 14
r:twylkNzaot a tn��«etra as-z.,t,
TABULATION OF BIDS BID OF BID OF
Date: February 18,2005
Project: CITY OF WYLIE,TEXAS BIRKHOFF,HENDRICKS&CONWAY,L.L.P. L.H.Lacy Co.LTD Orval Hall Excavating Co.,Inc.
Alanis Drive Paving,Drainage&Waterline hup,ovements CONSULTING ENGINEERS 1880 Crown Road 201 N.E.29th Street
(From S.H.78 East to South Ballard Avenue) Dallas,Texas Dallas,Texas 75234 Fort Worth,Texas 76106
Item Approximate Unit Bid Unit Bid
No. Quantities Unit Description Price Extension Price Extension .
ALTERNATE 3 (12-Inch Water Line) .
30I-A 3,850 L.F. Furnish&Install 12-Inch PVC Water Line w/Standard Embedment $43.50 $ 167,475.00 $40.50 $ 155,925.00
302-A 70 L.F. Furnish&Install 12-Inch PVC Water Line w/Concrete Encasement $76.00 $ 5,320.00 $51.00 $ 3,570.00
303-A 726 L.F. Furnish&Install 8-Inch PVC Water Line w/Standard Embedment $36.00 $ 26,136.00 $32.00 $ 23,232.00
304-A 20 L.F. Furnish&Install 8-Inch PVC Water Line w/Concrete Encasement $64.00 $ 1,280.00 $40.00 $ 800.00
305-A 41 L.F. Furnish&Install 6-Inch PVC Water Line w/Standard Embedment $32.00 $ 1,312.00 $25.00 $ 1,025.00
306-A 12 Ea. Furnish&Install 12-Inch Gate Valve $2,153.00 $ 25,836.00 $1,700.00 $ 20,400.00
307-A 13 Ea. Furnish&Install 8-Inch Gate Valve $908.00 $ 11,804.00 $950.00 $ 12,350.00
308-A 14 Ea. Furnish&Install 6-Inch Gate Valve 5719.00 $ 10,066.00 $720.00 $ 10,080.00
( 309-A 9 Ea. Furnish&Install Standard Fire Hydrant Assembly $2,391.00 $ 21,519.00 $1,980.00 $ 17,820.00
310-A 3 Ea. Remove&Salvage Existing Fire Hydrant $659.00 $ 1,977.00 $310.00 $ 930.00
I 311-A 1 Ea. Furnish&Install Blow-Off Valve Assembly $2,565.00 $ 2,565.00 52,400.00 $ 2,400.00
E 312-A 2 Ea. Connect to Existing Water Line $7,245.00 $ 14,490.00 $1,800.00 $ 3,600.00
313-A 13 Ea. Transfer Existing Water Service $890.00 $ 11,570.00 S500.00 $ 6,500.00
AMOUNT BID: ALTERNATE 3 (Items 301-A Through 313-A) $ 301,350.00 $ 258,632.00
SUMMARY OF BID
AMOUNT BID: BASE BID (Items 1 Through 110) $ 2,839,446.40 $ 2,927,621.85
AMOUNT BID: ALTERNATE 1 (Items 101-A Through 120-A) $ 1,286,550.99 $ 1,216,150.37
AMOUNT BID: ALTERNATE 2 (Items 201-A Through 221-A) $ 1,510,291.72 $ 1,434,007.62
AMOUNT BID: ALTERNATE 3 (Items 301-A Through 313-A) $ 301,350.00 $ 258,632.00
(BASE BID)+(ALTERNATE 1) $ 4,125,997.39 $ 4,143,772.22
(BASE BID)+(ALTERNATE 2) $ 4,349,738.12 $ 4,361,629.47
(BASE BID)+(ALTERNATE 1)+(ALTERNATE 3) $ 4,427,347.39 $ 4,402,404.22
(BASE BID)+(ALTERNATE 2) +(ALTERNATE 3) $ 4,651,088.12 $ 4,620,261.47
Continuously Reinforced Concrete Pavement(CRCP): Add or Deduct
ALTERNATE 1: 24-FOOT PAVEMENT(CRCP) $ 85,000.00 $ (20,000.00)
ALTERNATE 2: 36-FOOT PAVEMENT(CRCP) $ 130,000.00 $ (25,000.00)
Calendar Days Bid: 365 280
Page 14 of 14
1:1Wyli62001-117\pecs4echlP&BS-2.x11
CITY OF WYLIE BOND PROGRAM
Monthly Report
Street Bonds($15,910,000 authorized)
Bonds Issued 1999,2000,2001,2002 15,910,000.00
Total Expended to date (8,429,389.17) 1/t 1/2005
Issuance costs
Balance remaining on issued Bonds ,480,610.83
FY2002&FY2003 FY2000&
iii Original FY2005 FY2004 Expenditures to FY2001
Authorization Expenditures to date Expenditures to date Date Expenditures GRAND TOTAL Balance
1 P1 6916 Alanis Drive(Century Way to S Ballard) 3,700,000.00 12,766.64 443,438.38 328,423.50 32,700.50 817,329.02 2,882,670.98
I P2 2 6903 Kirby Street(SH78 to Birmingham) 900,000.00 195,701.18 595,106.22 914,985.43 1,705,792.83 (805,792.83)
P3 6904 Stone Road(Birmingham to Ballard) 965,000.00 78,038.97 441,415.86 519,454.83 445,545.17
I P4 6905 Stone Road(Ballard to Akin) 2,000,000.00 194,621.40 106,722.78 301,344.18 1,698,655.82
P4 CO1 Ballard to Akin above($600,000) 0.00 0.00 0.00 0.00 0.00
P5 6906 S Ballard(Stone to Alanis) 2,600,000.00 14,550.00 2,688.47 438,014.12 455,252.59 2,144,747.41
P6 6910 Traffic Control Improvements 750,000.00 131,258.00 11,988.00 47,781.90 43,941.01 234,968.91 515,031.09
P7 Street Improvements ($600,000) 0.00 0.00
i P7 Remaining Balance- 153,310.00 0.00 153,310.00
P7 6902 Hilltop Alley 150,000.00 76,021.30 76,021.30 73,978.70
P7 2 6918 Alley Ballard/Jackson 95,000.00 10,004.81 12,089.72 22,094.53 72,905.47
j P7 2 6919 Alley Ballard/First 50,000.00 243,699.81 4,350.79 248,050.60 (198,050.60)
P7 2 6926 Alley Spence/Liberty 6,690.00 6,687.00 6,687.00 3.00
6929 StoneyBrook Alley 145,000.00 0.00 132,322.50 0.00 132,322.50 12,677.50
P8 Street Improvements ($390,000) 0.00 0.00
P8 Remaining Balance- 200,000.00 0.00 200,000.00
P8 2 6901 McMillen Asphalt 120,000.00 107,198.39 107,198.39 12,801.61
P8 6920 Third Street 70,000.00 13,000.00 0.00 13,000.00 57,000.00
P9 2 6908 Median/Landscape(S Ballard) 70,000.00 76,869.49 76,869.49 (6,869.49)
€ P10 6909 Misc Sidewalk Improvements 500,000.00 11,301.50 35,570.00 2,740.00 49,611.50 450,388.50
Bond Proceeds 0.00 87,002.67 87,002.67 (87,002.67)
Subtotal 12,475,000.00 158,574.64 662,429.06 1,768,260.25 2,263,736.39 4,853,000.34 7,709,002.33
i
i
ggg1 Additional sources of funds/expenditures:
6928 Highway 78 extension 0.00 77,259.51 75,013.74 0.00 152,273.25 (152,273.25)
9929 SH 78 0.00 3,121,233.50 92,822.20 0.00 3,214,055.70 (3,214,055.70)
0 misc 0.00 0.00 14,670.00 0.00 14,670.00 (14,670.00)
FEDI 6915 SH 78 Intersections 400,000.00 13,171.97 0.00 68,674.49 81,846.46 318,153.54
CO3 6917 FM1378-FM544 to Brown Street 1,032,000.00 0.00 94,681.00 94,681.00 937,319.00
CO2 6907 Ballard-Alanis to Co Line 1,070,000.00 0.00 0.00 1,070,000.00
: Transfer to General Fund-Capital Projects Coordina 16,080.00 0.00 16,080.63 16,080.63 (0.63)
i Newsletter Publication&Distribution 2,800.00 0.00 2,781.79 2,781.79 18.21
0.00
2,520,880.00 13,171.97 3,198,493.01 182,505.94 182,217.91 3,576,388.83 (1,055,508.83)
Grand Total 14,995,880.00 171,746.61 3,860,922.07 1,950,766.19 2,445,954.30 8,429,389.17 6,653,493.50
3/11/2005 1:27 PM 2004-2005 capital proj summary
I
CITY OF WYLIE Item No. 7
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22, 2005 Originating Department: Parks and Recreation
Prepared By: Robert Diaz
Account Code No. #: Date Prepared: March 9, 2005
Budgeted Amount' 0 Historical information,school
• Exhibits: information,Park Naming Policy
AGENDA SUBJECT:
Consider and act upon the naming of Cimarron Park, Eureka Park and Sage Creek North Park, Riverway Park.
RECOMMENDED ACTION: Approval of the names as submitted.
SUMMARY:
Staff has been working with the Parks and Recreation Board since the end of 2004 on a list of potential names for
Cimarron Park and Sage Creek North Parks.
The list of potential names were as follows:
Cimarron Park Sage Creek North Park
Eureka Park Riverway Park
Gallagher Park Creek Trails Park
Housewright Park Woody Trails Park
Kreymer Park Wooded Trails Park
John W. Akin Jr. Park Hidden Trails Park
From directives given by the Parks and Recreation Board, staff pursued working with the staff from the
elementary schools in the vicinity of the parks to get input from the children on the name they would like for the
parks. Prior to the February 28, 2005 Parks and Recreation Board meeting, the students of Akin Elementary
(Mighty Diggers Club) submitted Eureka Park and the students from Groves Elementary (2❑d, 3ra, 4- grades)
submitted Riverway Park.
The name, Eureka, was chosen by founders in the 1850's for an area in Wylie where the Eastfork of the Trinity
River and the Eureka Lake came together. Eureka owed its beginnings to William Marshall Lee who came here
from Virginia in the early 1850's. Mr. Lee bought 2,800 acres of land located approximately three miles
southeast of the present town of Wylie. Eureka means "I have found it," which is what the founders exclaimed
when they discovered the rich bottom lands that had an "abundance of every type of tree imaginable and animals
of every size and description." The children in the Mighty Diggers are the Junior Master Gardening group at
Akin Elementary. The children in this group of 3rd and 4th graders chose Eureka because they thought that name
would draw people to the park. The students also liked the history surrounding the name.
APPROVED BY: Initial Date
Department Director: RD \ 3/9/05
City Manager: 4/4/L \ -46 AJr
AGENDA SUBJECT:
Consider and act upon the naming of Cimarron Park, Eureka Park and Sage Creek North Park, Riverway Park.
AGENDA SUBJECT:
Consider and act upon the naming of Cimarron Park, Eureka Park and Sage Creek North Park, Riverway Park.
SUMMARY: (Continued)
Riverway Park was named for the street that runs next to the park. Many children that attend Groves Elementary
live near that street and thought that would be a good name for the park.
At the February 28, 2005 meeting the Parks and Recreation Board approved Eureka Park to replace the name for
Cimarron Park and Riverway Park to replace the name at Sage Creek North Park.
CITY OF WYLIE PARKS AND RECREATION DEPARTMENT
PARK AND PARK FACILITY NAMING POLICY
POLICY ADMINISTRATION
1. The park and recreation board ("board"), will be responsible for
recommending a name for municipal parks and park facilities.
2. The board shall be responsible for research, study and recommendation
of a proposed name to the city council. Rationale for the recommended
name shall be given in writing and accompany the recommendation.
3. The recommended name will be forwarded to the city council for its
consideration and approval.
4. Municipal parks and park facilities shall be named immediately prior to or
during development, generally not later than 60 days after acquisition or
commencement of construction or at the earliest possible date.
5. A park name or park facility name may be changed no more frequently
than once every ten years.
II. GUIDELINES FOR NAMING MUNICIPAL PARKS AND PARK FACILITIES
1. Names of municipal parks and facilities should be familiar to the majority
of citizens, easy to recall, unique and lasting.
2. The following guidelines are listed in order of importance. Municipal parks
and facilities shall be named:
a) By outstanding and/or predominate physical characteristics of the
land such as:
1. Those naturally occurring, such as forested areas, streams,
rivers, lakes and creeks;
2. Manmade features such as subdivisions, streets,
office/industrial or commercial complexes;
3. Landmark significance, such as an identifiable manmade or
naturally occurring monument;
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CITY OF WYLIE Item No. 8
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: March 22. 2005 Originating Department: Planning and Zoning
Prepared By: Claude Thomason
Account Code No.#: Date Prepared: March 9. 2005
Budgeted Amount: Exhibits: 1
AGENDA SUBJECT:
Consider and act upon appointment of a new member to the Planning and Zoning Commission to replace
Chris Seely for the unexpired term of July 2004 to July 2006.
RECOMMENDED ACTION:
Appoint new member to the Planning and Zoning Commission.
SUMMARY:
Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning
Commission to advise the Council in carrying out its various duties regarding planning and development. The
Commission shall consist of seven(7) citizens who have been residents of the City at least twelve (12)
months, appointed for terms of two (2) years each. Section 10.2 of the adopted"Rules of Procedures" for the
Planning and Zoning Commission provides that any Commission member missing three (3) consecutive
regularly scheduled meeting shall be subjected to dismissal from the Commission.
Chris Seely was reappointed to the Planning and Zoning Commission for a two (2) year term expiring July of
2006. Mr. Seely, who has served very faithfully on the Commission since 2003 including serving currently as
its Chairman, has recently accepted a senior position with an engineering firm which provides consulting for a
significant amount of land planning and development within Wylie. In order to avoid any potential for
conflict of interest, Mr. Seely has expressed his desire to resign immediately from the Commission(see
attached letter).
APPROVED BY: Initial Date
Department Director: \ 3/5/05
City Manager: /1/ 4 \ �s*
Mar 04 05 11 : 28a RCEI Garland 972 205 0550 p• 2
March 3, 2005
Claude Thompson
City of Wylie Planning Department
2000 Highway 78 North
Wylie, Texas 75098
Dear Claude:
I regretfully inform you that as of March 3, 2005 I am resigning from the
Wylie Planning & Zoning Commission. I have thoroughly enjoyed
serving on the Commission as a Commissioner and Chairman for the
past year and a half. However, due to future potential conflict of
interests with my current employer (Adams Engineering) on several
tracts within Wylie and placement on many future Planning & Zoning
agendas, I feel that it is in the best interest for me and the City of Wylie
that I resign my position.
I would like to personally "Thank you" for your many hours of leading
the Planning Department and providing experience and guidance to
the Planning & Zoning Commission. Your assistance and leadership
that you provide to the City of Wylie is immeasurable; however, many
times it is taken for granted.
Please feel free to contact me should you have any questions. Please
pass this letter on to the Planning & Zoning Commissioners within the
next meeting packet.
Best regards,
Chris Seely