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10-11-2005 (City Council) Agenda Packet
NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA October 11, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PROCLAMATIONS AND PRESENTATIONS • 1st Six Weeks Star Students—"Responsibility" CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of September 27, 2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for the Lost Acre Addition. Subject property being a 3.00 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, generally located on the SEC of Brown Street and Country Place Lane (Private Rd. 5459). (C. Thompson, Planning and Zoning Director) C. Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 10D. Subject property being generally located south of Creek Crossing Lane and Woodbridge Phases 9 and 10C. (C. Thompson,Planning and Zoning Director) D. Consider and act upon awarding an annual mowing contract to VMC Landscape Services in the amount of $39.90 per acre for mowing services and $6.47 per acre for litter control. (M. Sferra, Public Services Director) E. Consider and act upon an amendment to the City Manager's employment agreement regarding compensation. (C.Ehrlich, City Secretary) F. Consider and act upon approval of Ordinance No. 2005-49 amending Animal Shelter fees. (J. Butters, Police Chief) G. Consider and act upon approval of Ordinance No. 2005-50 setting the time and place for Council Meetings for November and December of 2005 and all regular City Council meetings in 2006. (C. Ehrlich, City Secretary) UMW,tOMIVIDIJALAL CONSIDERATION AND ACTION Tabled Item Tabled from 9-13-05 for Traffic Study 1. Consider and act upon a Final Plat for Wylie Independent School District,Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Holsted, City Engineer/C. Thompson,Planning&Zoning Director) Executive Summary This item was tabled by City Council on September 13, 2005 to allow time for the applicant to complete a traffic study in order to confirm the need for additional points of access including the extension of Hensley Drive and the need for a signal on Hooper Road. The Final Plat under consideration is for a Junior High School totaling 41.155 acres. The lot for the school will be 35.55 acres in size and a second lot of 3.7 acres is created by the realignment of Hensley Lane. Public Hearing 2. Hold a Public Hearing and consider and act upon Ordinance No. 2005-51 approving a change in zoning from Business Center (BC) to Business Center with a Specific Use Permit (SUP) for warehouse and distribution uses, being Lot 2, Block C of the Century Way Business Park, at 1307 Century Way. ZC 2005-18 (C. Thompson,Planning and Zoning Director) Executive Summary Zoning of the subject property was changed from Industrial (I) to Business Center (BC) in 2001 with the City-wide revision of the Zoning Ordinance and Map. Warehouse and distribution center was allowed by right within the previous Industrial but requires the approval of a Special Use Permit (SUP) within the current Business Center. The applicant intends to develop two free-standing masonry buildings totaling 16,980 square feet, with office and warehouse spaces for lease to small contractors. Because the owners of more than 20% of the neighboring notification area have submitted written complaints against the request, approval will require the affirmative vote of three-fourths (6 members) of the Council. 3. Consider and act upon Ordinance No. 2005-52 of the City of Wylie, Texas; establishing a policy regarding funding requests received by not-for-profit organizations; providing for the repeal of all ordinances in conflict, providing for a severability clause; and providing for an effective date. (M. Roath, City Manager) Executive Summary On September 20, 2005, the Collin County Children's Advocacy Center (CCCAC), Court Appointed Special Advocates (CASA) and the City House requested financial support from the City of Wylie. After listening to the petitioners, and discussing the issue at length, the City Council approved a motion to develop a policy for donations to not-for-profit organizations before considering any organization request for funds. An ordinance establishing a donation policy for funding requests by not-for-profit organizations including the procedures, eligibility criteria, restrictions on the use of public funds, accountability, application and other information has been compiled for Council review and consideration. 4. Consider and act upon Ordinance No. 2005-53 amending the 2005-2006 Budget to approve an increase in the Crossing Guard Program. (J. Butters,Police Chief) Executive Summary Parents of children attending Groves Elementary School have expressed a need for a crossing guard at the intersection of Springwell and Riverway. The Wylie Police Department studied the intersection and found that 75-100 children cross the intersection every morning and evening. The vehicle traffic is also extremely heavy. The principal at Groves Elementary has also attested to the need for a crossing guard at this location. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. ADJOURNMENT 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 7th day of October,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. MINUTES Wylie City Council Tuesday, September 27, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman Earl Newsom, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Public Information Officer, Mark Witter,; IS Technician, Shone Doville and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE. Reverend Mike Frick representing the Faith Lutheran Church gave the invocation and Councilman White led the Pledge of Allegiance. CITIZENS PARTICIPATION Patricia Lybarger residing at 210 Martin Drive addressed Council asking about the decision regarding the elevation of the property in the new development behind Martin Drive. Mayor Mondy asked Ms. Lybarger to contact City Engineer,Chris Holsted regarding this issue. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the Regular Meeting of September 13, 2005 and the Special Called Meeting of September 20,2005 of the City Council.(C.Ehrlich, City Secretary) B. Consider and act upon authorizing the Mayor to execute an amendment to Work Order WYL-32 to TRC/The Hogan Corporation in the amount of$12,140 for the design of approximately 1,150 LF of 8-inch gravity sewer, 1,470 LF of 8-inch water line, and 1,640 LF of storm sewer along Ballard Avenue. (C.Hoisted, City Engineer) C. Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 10C, generally located northwest of Woodbridge Phase 9, at the intersection of Creek Crossing Lane and Lost Highlands Lane. (C. Thompson,Planning and Zoning Director) D. Consider and act upon authorizing the Mayor to enter into a Lease Agreement with Collin County for the use of offices located at the Wylie Municipal Complex(M.Manson,Assistant City Manager) Minutes—September 27,2005 Wylie City Council Page 1 E. Consider and act upon authorizing the Mayor to sign an Interlocal Agreement with the Wylie Economic Development Corporation(WEDC). (M.Roath, City Manager) F. Consider and act upon authorizing the Mayor to execute an agreement with Johnson Supply, Inc. for the installation of 9,000 3G DSL Master Meter meters, the installation of a complete and functional route management system, a complete and functional collection reading system and all software and hardware required in making the system functional. (L. Williamson, Finance Director) G. Consider and act upon authorizing the Mayor to execute an Indemnity agreement with Wylie Goodyear for storage space. (L. Williamson, Finance Director) This item was withdrawn from the Consent Agenda and no action was taken. H. Consider and act upon Ordinance No. 2005-48 amending Ordinance No. 2004-29 (2004-25 Budget) and approving an emergency appropriation of funds for the life, health, property and the public peace involving Hurricane Rita; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M.Roath, City Manager) Mayor Mondy announced that staff had requested that Item H be withdrawn from the Consent Agenda due to Hurricane Rita not causing damage to the City. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve Items A through G and to withdraw Item H from the Consent Agenda. A vote was taken and passed 7-0. INDIVIDUAL CONSIDERATION 1. Consider and act upon approval of Ordinance No. 2005-37 amending Chapter 78, Parks and Recreation,of the Wylie Code of Ordinances. (M.Sferra,Public Services Director) Executive Summary Public Services Director Sferra addressed Council stating that on January 13,2004,Council approved revisions to Chapter 78, Parks and Recreation, of the Wylie Code of Ordinances. The current ordinance requires the Park Board to conduct a periodic review of the ordinance and make recommendations for changes to the City Council. For the past several months, the Board has reviewed the ordinance and made recommendations for changes and clarification taking into consideration recommendations made by Council. The City Attorney's office has also reviewed the recommended changes. The Board approved these recommended changes on July 25,2005 for Council consideration tonight. Council Discussion Councilman Porter asked Mr. Sferra what designated a "No Boating Zone". Mr. Sferra explained that section of the amendments were requested by the Army Corp of Engineers to allow the Wylie Police Department to patrol the area. He stated that the Parks Department had no control over this issue. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to approve Ordinance#2005- 37 amending Chapter 78, Parks and Recreation, of the Wylie Code of Ordinances. A vote was taken and passed 7-0. Minutes—September 27,2005 Wylie City Council Page 2 2. Consider and act upon a request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage in excess of 18,000 square feet. (C.Hoisted City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the City of Wylie Design Standards and Construction Details include a design for an estate residential roadway section for lots of one acre or larger. Skorburg Company has requested to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage in excess of 18,000 square feet. The roadway section includes 26 feet of concrete paving,a 2 foot shoulder,and a drainage easement adjacent to the street right of way. The developer also requests that the City require the home builder to field verify the elevation of the driveway culvert prior to C.O. to eliminate ponding in the City maintained drainage swales. Council Discussion Mayor Mondy asked what advantage this approval would give to the residents of Wylie. Mr. Hoisted stated it gave a more "estates" look to the development. Councilman White asked if all lots on both sides of the streets would be at least 18,000 sq. ft. Mr. Hoisted concurred that they would. Mr. Hoisted explained that it would be an open bar ditch for drainage on both sides of the street, would have a narrower street section with no parking on the streets and would have no sidewalks. Councilman Porter asked if the streets could be wider. Mr. Hoisted explained that was a decision for Council.He explained that the narrow streets were intended to push the parking up to the drives and allow safety vehicles to move thru the streets unrestricted. The additional concrete was not needed for safety. He stated that his recommendation was to get the sidewalk off of the street. Applicant Comments Mr. Ryan Betz representing Skorburg Company addressed Council distributing pictures of another development with the "Estates Residential Roadway". He explained that these pictures would show the exact road layout for the proposed Braddock Place estates roadway for lots at least 18,000 sq. ft. Mayor Mondy asked Mr. Betz if these pictures were exactly what the proposed area would look like. Mr. Betz stated yes, the road would have exactly the same look and match the schematic presented to Council on the second page of the packet. What he was requesting was the same roadway with the same drainage without sidewalks. City Manager Roath asked if each house would have individual mail boxes. Mr. Hoisted stated that they would, to the best of his knowledge. Mr. Roath then asked if it would cause any problems with the roadways. Mr.Hoisted stated he did not think so.Mr.Betz explained that all lots would be at least 100 feet wide by 180 feet deep. He explained that these lots would be closer to 20,000 sq. ft or '/2 acre. He stated that the pictures showed a 26 ft road, with a bar ditch and mail receptacles. He stated that the developer would survey the flow lines of the ditches and when the builders came in, they would survey the flow line and make sure the culverts were the correct size and water flow restriction would not be an issue. Mayor Mondy asked what street width this request was replacing and what the lot size was in the proposed area. Mr. Hoisted stated that the normal street width was 31 feet and the approved lot size for this area was 10,000 sq. ft. Mr. Betz stated that this request included proposed lots of 18,000 to 20,000 sq. ft.,which was almost twice the lot size requirement in the PD.He explained that this proposal was more like a rural design with no sidewalks. Mayor Mondy stated that this was what the Council was asking for with the larger lots. Councilman Newsom asked how many lots of this size would be in this proposal. Mr. Betz stated that there would be around 55 in the first phase and 127 total,between the two phases. Councilman White asked what size homes would be built on these lots. Mr. Skorburg stated that would stay the same or be larger than approved in the PD. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to approve a request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage in excess of 18,000 square feet. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tern Hogue, Councilman Newsom, Councilman Young, Councilman White and Councilman Porter voting for and Councilwoman Allen voting against. Minutes—September 27,2005 Wylie City Council Page 3 3. Consider and act upon authorizing the Mayor to execute an agreement between Wylie Northeast Water Supply Corporation and the City of Wylie to establish fees and charges and the mechanism for the shutting off of water for the none payment of the City of Wylie Sewer and Trash service. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the City of Wylie has not had the ability to collect its sewer and trash fees with the threat of water service cut-offs in those areas where the City provides the sewer and trash service and Wylie Northeast Water District provides water. Wylie Northeast has been reluctant to cut off City of Wylie sewer customers unless a written agreement was in effect with the City. Council Discussion Mayor Mondy asked if the City Attorney had reviewed the document. Mr. Williamson stated yes they had. Mayor Mondy asked if this would be retroactive. Mr. Williamson stated that it would take effect immediately but notices regarding delinquency were required to be sent prior to any cut offs. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to authorize the Mayor to execute an agreement between Wylie Northeast Water Supply Corporation and the City of Wylie to establish fees and charges and the mechanism for the shutting off of water for the none payment of the City of Wylie Sewer and Trash service. A vote was taken and passed 7-0. 4. Consider and act upon a Resolution nominating candidates to the Board of Directors for the Collin Central Appraisal District of Collin County for two-year terms beginning January 1, 2006. (C. Ehrlich, City Secretary) Council Discussion Mayor Mondy stated that the City of Wylie has 38 votes that may be cast for the Board of Directors of the Collin Central Appraisal District. This is the first step of the process in which nominations are accepted by October 17, 2005. He explained that the City's votes along with many other cities were not enough to win a position on the CCAD. He asked Council if there were any nominations from the floor. No nominations were made for Item#4 by City Council. Item died for lack of a motion. REAMING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS,REQTJIREBxBY WYMXITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read the caption to Ordinance#2005-37 into the official record. WORBtiBESSION • Presentation and update of newly installed Laserfiche Electronic Storage City Secretary Carole Ehrlich and Administrative Assistant Gayle Walton presented a short overview of Laserfiche Electronic Storage. Demonstrations were performed showing the Optical Character Recognition Minutes—September 27,2005 Wylie City Council Page 4 (OCR) feature of the digitally stored records. Ms. Ehrlich reported that 75% of all City records stored in the City Secretary's office had been converted to electronic storage. New departments coming online with Laserfiche in 2006 are: City Manager's Office, City Engineer, and the Planning & Zoning Department, She reported that when most departments were converted to Laserfiche, it was the goal of the City Secretary's Office to make these documents available to the public through the web page. • Council training for web-mail use for e-mail IS Technician Shone Doville addressed Council explaining the new web-mail use for e-mail. Mr. Doville demonstrated how the new e-mail addresses and how access to e-mail would be available. Mayor Mondy convened into Executive Session at 7:00 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq,Texas Government Code,to wit: Section 551.072. To deliberate the purchase,exchange, lease or value of real property generally located at: • State Highway 78 and Jackson • Discussion of acquisition of ROW for Kirby Street Mayor Mondv reconvened into Open Session at 7:53 p.m. RECONVENE INTO OPEN SESSION • Take any action as a result of Executive Session No action was taken as a result of Executive Session. ADJOURNMENT With no further business before Council, Mayor Pro Tem Hogue made a motion to adjourn at 7:55 p.m. with Councilman Newsom making the second. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—September 27,2005 Wylie City Council Page 5 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM October 11, 2005 Council Meeting Of: Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: September 26, 2005 Budgeted Amount: Exhibits: Final Plat AGENDA SUBJECT: Consider and act upon a Final Plat for the Lost Acre Addition. Subject property being a 3.00 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, generally located on the SEC of Brown Street and Country Place Lane(Private Rd. 5459). RECOMMENDED ACTION: The Planning and Zoning Commission voted on September 20, 2005, 6—0 to recommend approval. SUMMARY: The Preliminary Plat of this property was approved by City Council on June 14, 2005, and the attached Final Plat substantially complies with that previously-approved Plat. The Final Plat will create two residential lots totaling 3.00 gross acres. Lot 1 is 1.33 acres in size. Lot 2 is 1.38 acres in size. This property was originally developed as a rural homestead. The house and out buildings (with septic system) are still located on Lot 1 and will remain. The plat also dedicates 40 feet of right-of-way for the future widening of existing East Brown Street (old S.H. 78). This segment of roadway is proposed in the upcoming bond referendum to be improved eastward to the new WISD High School site. This property is within unincorporated Collin County but within the Extraterritorial Jurisdiction of the city limits of Wylie. Although platting is accomplished cooperatively with both agencies, the development will comply with the County's construction regulations. APPROVED BY: Initial Date Department Director: CT \ 9/26/05 City Manager: MM \ 10/2/05 1 a ` • i 1 _"a 4.. 1 4 __zi. w i ril ■ y 1 MIA! -It 1 IiU ,r ,, _ C IT .1ts1 qr)rx tCu t r fm ' v i Country Place Lane t = NOR14'00'W it 91 DSr w I ;/ 1r iioPa j m rx 4 E tt t[,II I�[ s1;i Ilihrix '1 i4— r 111 t atirw 7 , [frig' �� !NI a .a ' ?r1!(..r� � ,�, flt1rl/.!i1'1. t EI ra 3 0 y't ■■yyei1 r r svrxr 3.ao►vaos eO 't� iir • N16q19SCW r r L �! O 111^� III ti i [j :r 11;11, � it i .r 11;111i i[ IT iti`i ifiii Pix t l`it Il-E 111 loll 1 1.,) Pi 12��.1 34* fi ir�`A qa mil: II lttsr � �ltr 't ll'iiiti e1 a ff ! Erf i 11�t�ii t t i• 10 r � _` r � s *trf !giilik t •t, ii � �rtE r1l.*rr �_, 1 if, phi Pp a 1' :eti i I1I fi1 �if I Lt �`br " .Ja` ! 1! ! P r i tl!@t ! r1t /III It: I,l;Iftttusti! f ! i t PIN '1:i t �71 l iiit !II ifli4. t r ! E !r •r a0' Lip ft et, ;jI o 4 m +8 1111111 11 r r rent f `[;Y�i t ! i D `a�. w I ftL ba f g^1 t frrrr. . I 4 Q' q 0 T r a r•,r�t r t t i �} f f f i r 1 4o t y m • i d t��t I _ 1 T stl���� I. I ; W c m b , - r o 1srf # Till t. ; Iffef , d t, 1 o V IOw tli 1 Ili, 11 fi i�ttl jxp �� �' y�b 1 f rif[� 1 I xfr 4• 0 I " m e a i�i . 4, r riiiii F 1it I y ` I f if ; . th! r [ 1, I I vi Q Oh I iy B% 1 Xl • CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 11, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: September 26, 2005 Budgeted Amount: Exhibits: Preliminary Plat AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 10D. Subject property being generally located south of Creek Crossing Lane and Woodbridge Phases 9 and 10C. RECOMMENDED ACTION: The Planning and Zoning Commission voted on September 20, 2005, 6 — 0 to recommend approval. SUMMARY: The property totals 20.469 acres and will create 57 single-family residential lots, with minimum lots and four common open space areas (to be maintained by the Homeowners Association). Residential lots are all at least 8,400 square feet in size, as required by the approved Planned Development zoning. The property is part of the larger mixed-use Woodbridge Planned Development (PD 98-15), which consists of Single-Family Residential of varying densities, Multifamily Residential, a Golf Course, Parks, Commercial, a School Site, and Common Open Spaces, totaling 921 acres in size. The portion of the PD located within Wylie totals approximately 512 acres, including the gold course, school and 980 single-family lots (SF-5.5, SF-7.2 and SF-8.4). The portion of the PD within Sachse includes 409 acres, including 1,650 single-family lots and apartments. The Concept Plan approved as part of the Planned Development District does not serve as an approved Preliminary Plat and each subsequent phase must have a Preliminary Plat approved by City Council. Development of the subject property will comply with all applicable requirements set forth in the conditions of the approved Woodbridge PD 1998-15. Creek Crossing Lane, which intersects Sachse Road, will serve as the primary point of access. APPROVED BY: Initial Date Department Director: CT \ 9/26/05 City Manager: AWE \ AO-a-.ar 1 AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Woodbridge Addition Phase 10C, generally located northwest of Woodbridge Phase 9, at the intersection of Creek Crossing Lane and Lost Highlands Lane. SUMMARY (Continued): Creek Crossing Lane, which intersects Sachse Road, will serve as the primary point of access. Creek Crossing Lane and Streets A and E will serve as collectors and will eventually be extended to connect with the City of Sachse to the west and with Lost Highlands and Alanis Drive to the north. The Preliminary Plat substantially conforms to the approved Conditions of the Planned Development District and Development Plan, and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2 . , %\\\‘, ( , / ›, .......,_ , \ W+E \ \-- \\\ \ \ \ \ \\1 I I 0 I / I / \ �:Er- x r' 1 \ s 3 \ \ \\\\\ \ \ \ \ \�,— J l 1 L_— / 1/ .7.0 rRi." / O~t \ \ ��r��Tm�s�-c'- GRAPHIC SCALE "' 4 , \ :. , _...„, ._____ __ „ \ 1 AN.9•a it \ *_ °'" trieV lit "#° - 000•101r au \ .--6,N,I N , -,. 1 Alp\,,1,. 1 — T AI MASI / 4 1 ,/, ''....614M.:II^ :- ‘ .. 1 1171.1 .,,,, _.,. Op. tillk" I / I\ ‘ 15‘ \P7j \--. 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WOODBRIDGE A m•Ple PHASE 10D 57 RESIDENTIAL LOTS ▪.a.C.xxoN.Tw 0.7. 4COMMON AREA la ZONED:PLANNED DEVELOPMENT114 p w*. s ,ps....IMPC�a.rbe.T...7..3.rese.a.n.a.mp.d DISTRICT(PD 96-15) E v.0BEle CAS .Ri•..•...tn..Ck C.an on a._ay a BEING 20.46E ACRES SITUATED IN THE ma,.wiw.•..awn•re ewe•cap.tso adman or Mums.reset.Pal•. RICHMD NEN7.NN SURVEY.ABSTRACT NO.fi60 Mr.•▪ st. 701 8.m"a•ne Ns.Imes r aa.n.W.b.n•3 rreal.ld P.e.r tail*.. CITY OF WEUE.COLLIN COUNTY,TEXAS W... r« ns.mraw�a Ymd..Bnro nilnsmrbe4......a.rWa .ns.m AO-« ...Tons a.neaaesbemena ��I ill IWocrr!;Y(e M mom.. ars m WNI°ad••'3Ia r nr..meal.mad sal. haswoon et Cis... ..v+..u..5_....•a...... SSEE'f F2 of 2 NN.sm.. .. aebh.•..b.rap.lW..eaNeapmnlb if 4 1 1 1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM October 11, 2005 Council Meeting Of: Originating Department: Streets/Purchasina Prepared By: Jim Holcomb Account Code No. #: 100-5511-56040 Date Prepared: September 27, 2005 Budgeted Amount: $63,000.00 Exhibits: Bid and Contract AGENDA SUBJECT: Consider and act upon awarding an annual mowing contract to VMC Landscape Services in the amount of$39.90 per acre for mowing services and $6.47 per acre for litter control. RECOMMENDED ACTION: Staff recommends award of contract. SUMMARY: Council has approved funding for an annual contract for mowing of City medians and rights of way. Competitive sealed bids have been solicited in accordance with Chapter 252 of the Local Government Code and three bids have been submitted (see bid tabulation below). Staff has estimated the total area covered by the contract to be 56.4 acres. The low bid, submitted by VMC Landscape Services, would result in an annual contract amount of approximately$44,216.47. Staff recommends awarding the contract to VMC. Bid Tabulation: VMC Landscape Services - $39.90 per acre for mowing, $6.47 for litter control All Around Lawn Care - $41.72 per acre for mowing, $7.00 for litter control Tru Green Land Care - $52.00 per acre for mowing, $22.00 for litter control APPROVED BY: Initial Date Department Director: MS \ 9-28-05 City Manager: M hR -61.- 1 INVITATION FOR BIDS CLOSING DATE AND TIME: SEPTEMBER 21, 2005- 2:00 p.m. ANNUAL CONTRACT FOR MOWING SERVICES The City of Wylie, Texas, invites sealed proposals from all qualified vendors desiring to bid on an annual contract for Mowing Services complying with the specifications listed herein. A mandatory pre-bid conference and tour will be held at 8:30 a.m. on Wednesday, September 14, 2005 at the Wylie Community Center, 100 West Oak Street,Wylie, Texas. Address bids to Jim Holcomb, Purchasing Agent, City of Wylie, 2000 North Highway 78, Wylie, Texas 75098. Mark envelope in lower left corner "Bid For Annual Mowing Contract" so that the bids will not be opened until the appointed hour. Bids may also be hand delivered before bid closing on Wednesday, September 21, 2005 at 2:00 p.m. to the City of Wylie Purchasing Office at the above address. GENERAL CLAUSES AND CONDITIONS 1. If you have questions regarding the preparation of your bid, you may contact Jim Holcomb, Purchasing Agent at (972) 442-8142 or Jack Jones, Public Works Superintendent at(972)442-7588. 2. Sealed bids must be received in duplicate, on this form, prior to closing date and time to be considered. 3. Bidders desiring a copy of the bid tabulation sheet may request same by enclosing a self-addressed stamped envelope with bid. BID RESULTS WILL NOT BE GIVEN BY TELEPHONE. 4. The prices quoted in this proposal shall be F.O.B. Wylie and cover costs for packaging, delivery and handling to the City of Wylie. 5. Prices shall be filled in and extended on the bid sheet. In case of discrepancy between the unit price and the extension, The unit price will be taken. 6. This contract may be terminated at any time within thirty(30)days written notice by either the City of Wylie or the successful bidder. 7. The City of Wylie reserves the right to reject any and all bids,waive formalities and to make award of bid as may be deemed to the best advantage of the City. No bid may be withdrawn within forty-five(45)days after date of closing. 8. Bidder shall complete all information requested and fill in the blanks provided beside or under each item. Failure to completely describe the merchandise or services being bid may result in rejection of your bid. 9. Bidders shall complete the non-collusion statement included in the bid. 10. The City is exempt from all sales and excise taxes. 11. Prices quoted shall prevail for the entire term of the contract; one(1)year starting after bid is awarded by City Council to the successful proposer. A renewal option is included as a part of this bid for an additional two(2)one-year periods, renewable on the anniversary of the original date,provided proposer can maintain bid prices and both parties are in mutual agreement. This renewal option is contingent upon the City's complete satisfaction with Contractor's performance. 12. Successful bidder agrees to extend prices to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of Wylie. 13. Federal Tax II)Number 75-2887740 CONTRACTOR OPERATIONS 1. The Contractor(successful bidder)will work under the direction of the Public Works Superintendent or his Representative(hereafter referred to as "The City Representative")who will determine the locations of the mowing,the acceptance or rejection of any of the mowing, and the amount of the equipment necessary to carry on the work. 2. Contractor will operate as an independent contractor and not as an agent, representative,partner or employee of the City of Wylie,and shall control his operations at the work site, and be solely responsible for the acts or omissions of his employees. 3. Mowing schedules will be coordinated with the"City Representative." Contractor shall call(972-442-7588), fax (972- 442-8198)or e-mail each workday at 7:00 a.m.,to report areas mowed and to review the current day schedule. No payment shall be authorized for areas not reported mowed on a weekly basis. The mowing frequencies designated are estimates for such in an annual period. These estimates are for acquainting the bidder with the probable volume of work,but do not establish a minimum or maximum of work to be expected during the bid period. No median areas shall be mowed more than one(1)time in a seven(7)day period unless authorized by the City. 4. The Contractor and employees will be courteous to the public at all times while at the work site. 5. The Contractor must provide a valid telephone or beeper number, and address at all times to specified"City Representative." The telephone or beeper must be answered during normal working hours at least to take a message_ 6. All wages,taxes and workman's compensation of all contract employees shall be paid by the Contractor. 7. The Contractor will be required to keep sufficient equipment and labor on hand to perform the maintenance requirements outlined in this proposal. 8. The Contractor will be responsible for any damage done to plant material or other property during maintenance operations. He will be responsible for replacement of all trees, shrubs, and groundcovers destroyed by him or his employees during maintenance work. Trees and shrubs must not be bumped or marked by mowing. Note: Each tree bumped or marked by mowing or trimming with mechanical devices shall cost the Contractor$20.00 per occurrence. Each$20.00 penalty shall be deducted from appropriate monthly billing. Tree wells must be protected from any damage by tractors or mowers. Each tree well damaged shall be repaired or replaced by the Contractor at the Contractor's expense or shall be deiincted from the Contractor's payment at$10.00 per tree well. The City of Wylie will not be liable for and hold any loss or damage sustained by the Contractor. The Contractor shall save the City of Wylie whole and harmless from any and all claims for damage of whatsoever nature and kind, suffered or asserted to have been suffered by the person or property of any person whomsoever, growing out of or resulting from or in any way connected with the job. Contractor will exercise every necessary precaution for the safety of the property and the protection of any and all persons and/or property located adjacent to or making passage through said property. All claims and repairs are to be made by the Contractor in a timely manner(within 48 hrs.). SCOPE OF CONTRACT The intent of this Contract is to secure by private contract,the Annual Mowing of City Medians,Rights of Way and Special Areas within the corporate boundaries of Wylie,Texas. INSTRUCTIONS TO BIDDERS AND SPECIAL PROVISIONS 1. All BIDDERS must submit, with their bid proposal, a Certified Check in the amount of 5%of the total bid or a Bid Bond on the form provided herein. 2. Bids received by the City will be compared on the basis of the "Total Base Bid"for the specified listing of mowing areas specified. The unit price requested will be used only for adjusting the total contract price should specific mowing areas require less mowings in case of a drought or increased mowings if the need arises. 3. ALL BIDDERS must submit, with bid,proof of coverage for General Liability and Workers' Compensation insurance. Proof shall be by submission of copies of current policies or current Certificates of Insurance, including the effective dates of coverage. If Bidder does not currently have insurance coverage meeting the City's requirements,the Bidders Insurance Requirement Affadavit form provided by the City must be submitted with the proposal. The fact that a bidder has previously submitted a Certificate of Insurance with another department, or for another contract through this department, is not acceptable as proof of having coverage, and will not satisfy this requirement. The Certificate of Insurance submitted at bid opening(with the bid proposal)does not have to meet the additional requirements referenced in paragraph 8 below. The requirements of paragraph 8 apply only if the bidder becomes the apparent low bidder. 4. ALL BIDDERS shall provide,with their bid,the following items: List of five(5)Work References, including phone numbers, addresses,contact person and dollar amount of contract(s) Bidder's List of Proposed Subcontractors Bidder's List of Proposed Equipment 5. Failure to provide the above-required documents described in paragraphs 1-4 may be deemed a failure to perform, and Bidder's cashier's check or bid bond will be subject to forfeiture. 6. The Contract form is included for Bidders information so that Bidders may be familiar with the contents and requirements. Bidder shall not fill in or execute the form at time of bid submittal. 7. The successful Bidder/Contractor will be required to obtain written certification from subcontractors working on this project that they are providing Workers' Compensation insurance and copies of this certification must then be provided to the Contractor and to the City prior to award of contract. 8. The apparent low bidder will be required to submit original Certificates of Insurance,using the forms provided by the City, evidencing insurance coverage meeting all requirements stated in the Instructions to Bidders and Special Provisions within five business days of notification that bidder has submitted the apparent low bid. Failure or inability to provide the required insurance may be deemed a failure to perform and Bidder's cashiers' check or bid bond will be subject to forfeiture. BIDS WHICH FAIL TO CONTAIN ANY OF THE ITEMS REQUIRED IN NUMBERS 1 THROUGH 8 ABOVE SHALL BE DEEMED TO BE INCOMPLETE AND SHALL NOT BE CONSIDERED. 9. Payment will be made to the successful bidder as follows: 30 days net. No payment, on any basis, will be made for unsatisfactory mowing and/or equipment. The determination of the City representative shall be final on all work. All touch up work shall be completed within 24 hours of notice. No pay item shall be authorized for incomplete work not completed after 24 hour notice and equal to the unit price of the total site acreage. Individual site acreage discrepancies shall be brought to the attention of the City Representative in writing prior to submittal of the current monthly billing. Adjustments to any site acreage must be approved by the Park Services Superintendent. Adjustments to site acreage shall not apply to sites previously mowed and payments made. 10. Thirty(30)days advance written notice will be given by either party for termination of contract. The Parks and Recreation Department can cancel the Agreement immediately if the Department determines that the Contractor is not fulfilling their responsibilities. TECHNICAL SPECIFICATIONS THE MOWING OF CITY MEDIANS,RIGHTS OF WAY AND SPECIAL AREAS The mowing of specified areas shall include mowing, appropriate trim work, edging of all curb lines, removal of edging debris(use of backpack blower if necessary) and removal or eradication of weeds/grass in expansion joints and concrete/pavestone nose cones. All medians shall be edged at least once per month,or when deemed necessary by the City Representative, during the growing season utilizing Stick Edgers or a Tractor-drawn Curb Edger(stringline trimmers are not acceptable for performing this work). A maximum cutting height of 1.5 2 inches is required(height will be determined by a City Representative). Clippings will not be collected and removed from the site after each frequency mowing. Excessive clippings resulting from growth rates exceeding the contracted frequency will be removed by the contracting company and properly disposed. Trimming around trees,tree wells, shrubs, street signs,utility poles, etc. will be performed using mechanical devices or hand labor when necessary. Applications of a Glyphosate herbicide can be substituted in lieu of stringline trimming around trees,tree wells, shrubs, street signs, utility poles, etc. If Glyphosate herbicide is utilized,the Contractor shall make at least three (3)applications per growing season. In situations where the turf areas are below the curb lines,the Contractor shall be responsible for stringline trimming or applying herbicide to give the area a"finished"look. Curb line expansion joints,nose cones or any other impervious surfaces that produce vegetative growth, shall be removed or eradicated by the Contractor. This shall be accomplished through the use of an appropriate herbicide such as Krovar or an Approved Equal. There shall be two applications of this product twice per year,performed during the months of February and September. Note: Spot treatments or touchup spray applications may be necessary. Any herbicide application must be performed by a State of Texas certified applicator on the contractor's payroll. Clippings shall not be blown or allowed to fall into street or roadway when mowing medians. Excessive grass clippings in the street must be removed immediately for the site to be approved as complete. All litter shall be removed by the Contractor prior to mowing. In cases where an area to be mowed is narrow in width such as left turn lanes, it may be necessary to utilize push mowers to perform the work. (Example: F.M 544,Anson Parkway, state roads, etc.) NOTE:The Contractor shall park vehicles and equipment off city streets where possible. Under no circumstances shall any vehicle or equipment be parked on the inside lane of any street. Any vehicle or equipment parked in the far right lane of any street, safety flashers and proper coning/barricading procedures are to be utilized. The area behind the parked unit must be coned off with safety cones spaced 10 feet apart and a minimum of 50 feet behind the unit. Utilize public rights-of-way for parking when available. All litter shall be removed by the Contractor prior to mowing if shredding of the debris would be detrimental to the appearance of the area. No separate pay item is allowed for litter control. Shredded litter must be removed the day of the complaint or a$25.00 deduct will be automatic for each area identified per site. During the winter months (approximately December through March), it shall be the Contractor's responsibility to litter control the City Medians, Rights of Way and Special Areas as directed by the Public Works Superintendent or his designated Representative. It is estimated that this service will need to be provided every 3 weeks, as needed, during this time frame. The Contractor shall handle all complaints (from"City Representatives" or citizens)immediately if possible or within 24 hours notice. City maps shall be provided to assist the Contractor with only approximate site locations of areas to be mowed. Due to scale of maps, exact locations cannot be identified. Field observations will determine exact locations of and boundaries of areas required to be mowed. Any questions should be directed to the"City Representative." The City shall provide the Contractor with monthly site check-off sheets for mowing frequency records to be turned in with monthly billings. The Contractor's employees shall wear fluorescent vests while mowing. The Contractor will utilize the far right lanes while going from median to median. Under no circumstances will the Contractor's equipment travel in far-left lane going from median to median or r.o.w to r.o.w. INSURANCE A. AMOUNTS OF INSURANCE Contractor agrees to provide and to maintain the following types and amounts of insurance, for the term of this Contract. Type Amount 1. Worker's Compensation- Statutory Limits and $100,000 Employer's Liability per occurrence 2. Commercial(Public Liability), Bodily Injury: including but not limited to: $1,000,000 per person $2,000,000 per occurrence and A. Premises/Operations B. Independent Contractors C. Personal Injury Property Damage: D. Products/Complete Operations $1,000,000 per occurrence E. Contractual Liability(insuring above indemnity provisions) with general aggregate of $2,000,000 3. Business (Commercial) Combined Single Limit/ Automobile Policy: $1,000,000 The preceding amounts notwithstanding, the City reserves the right to increase the minimum required insurance to be effective thirty(30)days after notice is sent to the address provided herein. The Contractor may pass through to the City all costs for obtaining the increase in the insurance coverage. B. OTHER INSURANCE REQUIREMENTS The Contractor understands that it is its sole responsibility to provide the required Certificate and that failure to comply within 10 days after notice of award and according to the requirements of this article shall be a cause for termination of this Contract. For any pesticide spraying performed, the City of Wylie will require the successful bidder to carry Pollution Liability Insurance and Environmental Impairment Liability Insurance. Insurance required herein shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in the State of Texas. All policies shall be subject to examination and approval by the City Attorney's office for their adequacy as to form, content, form of protection, and providing company. Insurance required by this Contract for the City as additional insured shall be primary insurance and not contributing with any other insurance available to City,under any third party liability policy. The Contractor further agrees that with respect to the above required insurances,the City shall: 1. Be named as additional insured/or an insured, on all required insurance except workers' compensation. 2. Be provided with a waiver of subrogation, in favor of the City on all required insurance. 3. Be provided with an unconditional 30 days advance written notice of cancellation or material change. 4. Prior to execution of this Agreement, be provided through the office of the City Secretary with either their original Certificate of Insurance or their insurance policy evidencing the above requirements. Thereafter,new 5. Thereafter be proviced with new certificates or policies prior to the expiration date of any prior certificate. C. Additional Worker's Compensation Insurance Requirements 1. Definitions: Certificate of coverage ("certificate") A copy of a certificate of insurance, a certificate of authority to self- insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, TWCC- 84), showing statutory Worker's Compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractors'/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project (subcontractor" in 406.096) - includes all persons or entitles performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity or employees of any entity that furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements. Which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contract shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. BOND NO. TXC53209 N,��j �.4rt e;) Merchants Bonding Company P.O.BOX 26720•AUSTIN,TX 78755-0720 BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS: That VMC LANDSCAPE SERVICES (hereinafter called the Principal)as Principal, and the MERCHANTS BONDING COMPANY(Mutual) a corporation of the State of Iowa,with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to CITY OF WYLIE (hereinafter called the Obligee) in the full and just sum of($ 5% OF GAB 5% OF GAB Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made,the Principal and Surety bind themselves,their heirs,executors, administrators, successors and assigns,jointly and severally,firmly by these presents. Signed and dated this 2 0 TH day of SEPTEMBER 2005 THE CONDITION OF THIS OBLIGATION IS SUCH,that, if the Obligee shall make any award to the Principal for CITY OF WYLIE ANNUAL MOWING according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee;or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. VMC LANDSCAPE SERVICES W itnes : �( Pri 'opal d D/ ¢ c�ci�2 CeNuivaf2.0 _, By /, JsWu,( .da.�.�c�tJl_ Attest: MERCHANTS BONDING MPAN'y9Mutual) PUILV B aadA/L--_, CON 0333AU(9100) SUSAN CRAIN, ATTORNEY—IN—FACT Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. TXC53209 Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Pclk,State of Iowa,hath made, constituted and appointed,and does by these presents make,constitute and appoint Michael N.Rudberg, Susan Crain and/or David P.Barrie of Dallas and State of Texas its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name, place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIFTY THOUSAND(S50,000.000 DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond cr undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on October 3,19°2. ARTICLE 11,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery cf any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS ECNDING CCMPANY(MUTUAL)has caused these presents to to signed by its President and its corporate seal to be hereto affixed,this 2nd day of January , 2002 - • \liG CO • MERCHANTS ECNCING CCMPANY(MUTUAL) •e°*'ORPOR4 •• : •c, • 1933 By v" 7vcr..7‘17..„ STATE CF IOWA • •., president COUNTY CF FOLK ss. Cn this 2nd day cf Januar, , 2002 .before me acpeared Lamy Taylor,to me personally known,who being by me duly swcm did say that he is President cf the MERCHANTS ECNCING COMPANY(MUTUAL), the cc rorticn described in the fcregcing instrument,and that the Seal affixed to the said instrument is the Carrcrate Seal cf the said Cor,.craticn and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board cf Cirec:crs. In Testimony Whereof,I have hereunto set my hand and affixed my Ctficial Seal at the City cf Ces Moines,Iowa,the day and year first above written. • RUTH K. MCCLAIN Q4' , �r- �, Commission Number Z0t25° My Commission Excires February 19,2CC4 Notary Pat/lc.P.:A County.Iowa • STATE OF IOWA COUNTY CF POLK ss. I,William Warner,Jr.,Secretary of the MERCHANTS BONGING COMPANY(MUTUAL),do hereby certify that the above and fcregcing is a true and correct copy of the POWER-CF-A i i CRNEY executed by said MERCHANTS BONDING CCMPANY(MUTUAL),which is still in force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company en this 20TH day of SEPTEMBER 2005 •,o\\O• WNG P Co • _ ✓ -y �/ /���• • �: • •• 9q''t• • Sacretary • • . • • d'r.•• 1933• c: MSC c a(lle21 . Jd •,act;• ' iy �. "-\ FILE No.715 09/20 '05 10:36 ID: FAX: PAGE 2/ 4 ACORN, GERTIFiCATE OF LIABILITY INSURANCE LATE{MMNNYYYYi 09/20/2005 DER (214)423-3333 FAX (214)423-3350 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Scarbrough Medlin & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5700 Granite Pkwy.. Suite 500 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED MY THE POLICES BELOW. Plano. TX 75024 INSURERS AFFORDING COVERAGE NAIC I INSURED Gary Morgan Enterprises. L.P. INSURERA America First Lloyds Ins. Co. dba VMC Landscape Services INSURERS: America First Insurance Co. New Waterford. LLC INSURER C. 2433 Merrell Road INSURER Co: Dallas, TX 75229 INSURER E: . COVERAGO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDM. ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. � 1pN MAE TYPE OF RO PaUM/4CE c(M Men . yrT' LIMITS GENERAL LNAOII1Y CBP9849399 06/01/2005 06/01/2006 EACH occuRRENCE s 1[000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 PRFene,c13(fa nne uatea) Guns MADE El OCCUR MED Exr(N w one person) s 5,000 A X $1,000 PD Ded. _ PERSONAL/LAMP/JURY s 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LAST APPLIES PER PRODUCTS•COMP/OP AGG $ 2.000,000 POLICY -• ITc El Loc AUTOMOBILE uABILITY 949849599 06/01/2005 06/01/2006 COMBINED SINGLE LIMIT s X ANY AUTO {6a aeawn" 11.000.000 ALL OWNED AUTOS BODILY INJURY $ — SCHEDULED AUTOS (Pa► ) A X HIRED ALTOS BODILY INJURY (Par*maw) s X NON-tTwNEo AUTOS PROPERTY DAMAGE $ (Par acclmn t) + GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 3 1 ANY AUTO AU O ONLYN EA ACC $ AGG $ EXCESSIUMBRELLA LIABILITY CU98 50000 06/01/2005 06/01/2006 EACH OCCURRENCE $ 5000,00d , CUR n CLAIMS MADE AGGREGATE OC s 5,000,000 B s DEDUCTIBLE s x RETENTION $ 10,000 $ wo tenScDMPENEAn0w AND WC9848699 06/01/2005 06/01/2006 X �T ;ivy-tots 1 1° ; EMPLOYERS'LAWN E.L.EACH ACCIDENT $ 500.000 A ANY ICCER EXCLUDED? yaa, EA.DISEASE•EA EMPI.OYEE1 i SQO.000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY MET s 5001000 OTHER 3� "'1QNOF 11 I i�BI vo t A fi Hol/ed r w Iere required by written Contract applicable ket Addltt4na Insured �n favor o Cert� case to General Liability and Business Auto only. Blanket Waiver of Subrogation in favor of Certificate Holder where required by written contract applicable to General Liability, Business Auto, and Workers Compensation only c.ERTnekrg Ijd`DEft _ CielCE{.IAT1OtI SHOULD ANY OF THE ABOVE DESCHOED POLICIES BE CANCELLED BEFORE THE E=FIRATiON DATE THEREOF.THE ISSUING INSURER*ILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE NOLOER NAMED TO THE LEFT, City of Wylie BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABIUM 2000 N. Highway 78 OF ANY ONO UPON THE INSURER ITS AGENTS OR RePREBENTATIVEB. Wylie. TX 75098 AUTHORS= SENTATiVE R a „y Don Medlin/R]L K .i.- ACORD 25(2001108) ®ACORD CORPORATION 1965 FILE No.715 09/20 '05 10:36 ID: FAX: PAGE 3i 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pohcy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 2s(2001100) FILE No.715 09/20 '05 10:36 ID FAX PAGE 4/ 4 Sep 20 05 07: 56a p' 6 CITY OF WYLIE BIDDERS INSURANCE REQUIREMENTS AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT/BROKER I,the undersigned agent/broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below-identified bidder. If the below identified bidder is notified of being apparent low bidder by the City,I will be able to, within five (5) business days after being notified of such, furnish a valid insurance certificate to the City using the form,provided by the City containing coverage as follows: Worker's Compensation for the statutory amounts, Commercial General Liability with coverage of S1,000,000 per occurrence and S2,000,000 annual aggregate for bodily injury, death and property damage written on an occurrence basis, and Comprehensive Automobile Liability covering owned, non-owned and hired vehicles with a. combined single limit coverage of S1,000,000 for bodily injury, death or p damage written on au occurrence basis_ L-rAttli, AGENT(SIGNATURE') PLEASE PRINT OR TYPE THE FOLLOWING INFQRMATION_ NAME OP AGENT/BROKER: ,�Q r btu qh I('n 11 r-) - R5�C _d s It�.C, ADDRESS OP AGENT ROKER: 51 CO Naar)' tie., RiALOCIH # 0CITY/STA'I'E/ZA': VIOL11 AGENT/BR�OKER TELEPHONE NO.: Z I Li- H Z 3- 5333 DATE:`-'[ 'ap - M1 Land 51&i Se ' BIDDER'S��: � �!lAS NOTE TO AGENT/BROKER If the time requirement stated above is not met,the City bas the right to reject this bid/proposal and award the contract to another bidder. Non-collusion Statement The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder and that the contents of this bid as to prices,terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Name of Company VMC Landscape Services Address 2433 Merrell Road, Dallas, TX 75229 Phone 972-481 -1 61 6 Fax 972-481 -1 235 Bidder(Signature) ilia 124 Bidder(Print Name) Bruce Verdick Position with Company Managing Director Signature of Company Official �� � Authorizing This Bid > .�, Company Official (Printed Name) Bruce Verdick Official Position Managing Director PROPOSAL Pursuant to the Advertisement for Bids, General Provisions and Requirements and the Plans and specifications (herinafter collectively referred to as the "Specifications"), the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and to complete all the work, upon which he bids, as provided by the Specifications and binds himself, on acceptance of the proposal to execute a contract and provide required insurance certificates, according to the City of Wylie standard forms, for performing and completing the said work within the required time and furnish all guarantees for the price stated in the Schedule of Bid Items for the following project: ANNUAL MOWING OF CITY MEDIANS. RIGHTS OF WAY & SPECIAL AREAS It is understood that the quantities of work shown in the schedule of bid items and work to be performed are approximate only and are subject to increase or decrease and the undersigned bidder offers to do the work at the unit price as stated in the schedule of bid items. The undersigned further agrees that the unit prices quoted include all items of work required as necessary for the accomplishment of the projected work and these items include all work indicated on the Plans and Specifications for which no specific pay items have been established. MOWING MEDIANS/R.O.W.'SISPECIAL AREAS: Estimated Mowing Frequency at 19 Times Location Acreage 1. Akin Lane Berm(special area) .7 ac. 2. Alanis Lane(median/r.o.w.) 4.7 ac. 3. Anson Parkway(r.o.w.) .6 ac. 4. Centennial Drive (r.o.w.) 3. 4 ac. 5. Cottonbelt/Brown(special area) .3 ac. 6. F.M. 544 (median/r.o.w.) 1.4 ac. 7. Harvest Bend(median/r.o.w.) .1 ac. 8. Highway 78 (median/r.o.w.) 34.1 ac. 9. Kirby Street(median/r.o.w.) 2.0 ac. 10. Kreymer Lane(median/r.ow.) 1.7 ac. 11. Sanden Blvd. (r.o.w.) .8 ac. 12. Springcreek Pkwy. (median/r.o.w.) 3.5 ac. 13. Stone Circle(special area) .3 ac. 14. Stone Street(median/r.o.w.) 1.8 ac. 15. W.A.Allen(median/r.o.w.) 1.0 ac. 56.4 ac. Unit Price=$ 19 9 n per acre for mowing per specifications. BASE BID:Shall be for mowing all City of Wylie medians, r.o.w.'s and special areas for the fall of 2005 (October-early December);and spring and summer(until end of September)of 2006. $ 3 9_ 9 n per acre x 56.4 acres x 19 mowings=$ 4 2, 7 5 6 . 8 4 Unit Price Total Base Bid of Items "1"through "15," complete and in place,for the sum of: Forty Two Thousand, Seven Hundred, Fifty Six Maus $ 42, 756 .84 (figures)LUMP SUM EightyFour Cents (written)LUMP SUM Unit Price=$ 6. 4 7 per acre for Litter Control per specifications. $ 6. 4 7 per acre x 56.4 acres x 4 Litter Control Trips=$ 1 , 4 5 9 . 6 3 Unit Price Total-Bid,for Litter Control, complete and in place,:for the sum of: One Thousand, Four Hundred, Fifty Nine Dollars $ 1 , 459 . 63 (figures)LUMP SUM . Sixty Three Cents (writtengiUMP SUM NOTE: Show amount in both written form and figures. In case of discrepancy between the written amount and-figure amount, the written amount shall govern. In case of discrepancy between the unit price and the total base bid (LUMP SUM),the unit price chat] govern. The duller amount for unit pricing will be rounded to the nearest penny. '1'. 1ZMS- Payment(s)will be made to the Contractor(successful bidder)as follows: upon iuxipt of approved monthly invoices,the City will submit a Contract Payment Voucher to the Finance Department, for payment to be made to the Contractor. A typical payment cycle is approximately 30'days from the date of receipt of the invoices. Minimum Equipment Required to Perform this Contract: 4 ea. Mowers with 42"mowing decks(Riding mower with Zero Turning Radius recommended) 2 ea. Push Mower, Stringline Trimmers, Stick Edgers and Backpack Blowers Note: The Contractor's equipment shall be in good repair and a qualified operator shall be responsible for the care and handling of the equipment. Sufficient equipment is required to carry out The requirements of the contract The contractor must be capable of mowing a minimum of 113 acres of medians, r.o.w.'s or special areas in a single eight (8) hour workday,Monday through Friday. All Mower Operators chart carry trash bags for Litter Control as required. Mulching Mowers are pirfeu.td. • List of Equipment Available to be Utilized on Subject Contract: YEAR MODEL MAKE 2004/05 72" Lazer Mower ( 2) Exmark 7n04/05 60" Lazer Mower ( 2) Exmark 2004/05 21 " Push MOwer ( 2) Exmark 2004/05 Trimmer ( 4) Stihl 2004/05 Edger ( 4) Stihl 2004/05 Blower ( 4) Stihl Five(5)Work References(Include: Names, Addresses,Phone No's., Dates,Work Description&Contract Amount) 1. City of Grapevine, 501 Shadybrook Drive, Grapevine, TX 76051 Kevin MItchell, 817-410-3347 Median' s, ROW' s, City Facilities, $330, 061 . 58 7007-Present 2. City of. Carrollton, 1610 E. Crosby Road, Carrollton, TX 75006 Bobby Brady, 972-466-3160 Me1ian' a ROW`G, $1R1 , A71 05 2003 - Present 3. Frisco T _S D_ 6942 Maple Street Frisco, TX 75034 Blake Vaughan, 469-633-6165 Schools, FAcility Building $99, 073. 72 2002 - Present 4. City of Lewisville, PO Box 299002, Lewisville, TX 75029 Bob Monaghan, 972-219-3550 Median' s, ROW' s $284, 383. 80 2000 - Present 5. City of Plano, PO Box 860279, Plano, TX 75086 Doug Green, 972-941 -4330 Median' s, ROW' s, $318, 055. 29 2002 - Present The undersigned Bidder hereby declares that he visited the site of work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within (10) days after date of written notice to do so and to substantially complete the work on which he has bid within five (5) consecutive working days (Monday through Friday)for a single mowing cycle of all medians,r.o.w.'s and special areas. Enclosed with this proposal is a Certified Check(5%of Bid)for ($ )Dollars or a Proposal Bond in the sum of 5% of GAB ($ )Dollars which it is agreed shall be collected and retained by the City as liquidated damages in the event this proposal is accepted by the City within sixty (60) days after the bids are received and the undersigned fails to execute the contract and supply the required insurance (Workers Compensation and Liability) for the City within ten (10) days after the date said proposal is accepted, otherwise said check or bond shall be returned to the undersigned upon request. Contractor acknowledges receipt of the following addenda: (List) I understand the above conditions fully. SEAL (If Bidder is a Corporation) VMC T.anciscape Servi res Firme Signature Bruce Verdick/Managing Director Name and Title (Print or Type) 2433 Merrell Road Address Dallas, TX 75229 City and Zip Code 972-481 -1 61 6 Telephone(Include Area Code) CONTRACT FOR PURCHASE OF GOODS AND/OR SERVICES THIS CONTRACT is made and entered into this the 11t day of October, 2005,by and between the City of Wylie, Texas, a Municipal corporation located in Collin County, Texas, (hereinafter called CITY), acting through its duly authorized representative and VMC Landscape Services of the City of Dallas, State of Texas, hereinafter called COMPANY), acting by and through its duly authorized agent. WITNESSETH: That for and in consideration of the mutual covenants hereinafter set forth,the CITY and COMPANY agree as follows: I. DESCRIPTION OF GOODS AND/OR SERVICE The CITY agrees to purchase and the COMPANY agrees to provide all of the goods and/or services as specified in the contract documents, such goods and/or services generally described as follows: MOWING& LITTER CONTROL OF CITY MEDIANS, RIGHTS OF WAY& SPECIAL AREAS for the bid sum of Thirty-Nine Dollars and Ninety Cents ($39.90) per acre of mowing services provided and Six Dollars and Forty-Seven Cents ($6.47) per acre for litter control, paid in current funds at the unit or total prices, at COMPANY'S own proper cost and expense, including all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance,bonds and other accessories and services necessary to complete delivery of same, in accordance with the contract documents,hereinafter defined, and subject to such additions and deductions as provided therein. II. CONTRACT DOCUMENTS The contract documents shall consist of this written agreement or Contract, provisions of this Contract including General Clauses and Conditions, Special and all other Provisions, Advertisement for Bid, Invitation to Bid, Instruction to Bidders, Bidder's Proposal, all Addenda issued prior to award of Contract, any plans which include all maps, plats, blueprints, and other drawings and printed or written or explanatory matter thereof, the technical specifications and all other documents identified as pertaining to this agreement, all of which have been identified by the CITY and COMPANY. The contract documents constitute the entire agreement between the CITY and COMPANY, and all are as fully a part of the Contract as if attached to and repeated in this agreement. The contract documents may be altered, amended or modified only as provided herein. III. PURCHASE/WORK ORDER The goods and/or services to be provided under this Contract shall be delivered/commenced by COMPANY upon final execution of this Contract and on a date to be specified in a written "Purchase Order" or "Work Order"(whichever applicable), in accordance with the contract documents. Time is of the essence for this Contract. IV. MODIFICATION AND ASSIGNMENT This Contract may not be altered; modified or amended except in writing properly executed by the parties and may not be assigned to a third party. V. TERMINATION Unless otherwise provided in the contract documents, CITY may terminate this Contract at any time without cause with thirty-(30) days written notice. Additionally, CITY shall have the right to cancel this Contract if COMPANY fails to provide the goods and/or services in accordance with the Contract Documents after giving seven-(7) days prior written notice. Irrespective of which party shall effect termination or the cause therefore, CITY shall within thirty-(30) days of termination compensate COMPANY for any delivery of goods and/or services made up to the tktne of termination. No amount shall be due for lost or anticipated profits. VI. TERM The term of this Contract shall be an initial term of one-(1)year beginning on October 11, 2005, and ending on October 10, 2006 unless terminated by either party under the terms set forth herein. This Contract shall automatically be renewed, without need for formal action, for two one-year terms beginning on the same day of the initial term, unless earlier terminated as provided in the contract documents. VII. GOVERNING LAW AND VENUE The parties agree that the laws of the State of Texas shall apply to and govern this Contract and venue for any legal proceeding shall be in Collin County, Texas. VIII. INDEPENDENT CONTRACTOR/INDEMNITY It is agreed for all purposes hereunder, the COMPANY is and shall be an independent contractor and shall not, with respect to their acts or omissions,be deemed an agent or employee of CITY. COMPANY agrees to indemnify and hold harmless and defend CITY, its officers, agents and employees, from and against liability for any and all claims, liens, suits, demands, and/or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs arising out of or resulting from COMPANY'S work and/or activities conducted in connection with or incidental to this Contract and from any liability arising out of, or resulting from,the intentional acts or negligence, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of COMPANY, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees,and other persons. COMPANY further agrees that it shall at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, agents, employees, subcontractors, licenses, invitees and other persons, as well as their property, while engaged in the delivery of such purchases and/or services pursuant to this Contract or while on City's premises where the services are being provided. It is expressly understood and agreed that CITY shall not be liable or responsible for the negligence of COMPANY, including but not limited to its officers, agents, employees, subcontractors, licensees,invitees,and other persons. Further, CITY assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects, real or alleged, in the vicinity where such purchases and/or services are to be delivered by COMPANY, which may now exist or which may hereafter arise upon the premises, responsibility for any and all such defects being expressly assumed by COMPANY. COMPANY understands and agrees that this indemnity provision shall apply to any and all claims, suits, demands, and/or actions based upon or arising from any such premise defects or conditions, including but not limited to any such claim asserted by or on behalf of COMPANY, including but not limited to its officers, agents, employees, subcontractors, licensees, invitees,and other persons. It is further agreed with respect to the above indemnity, that CITY and COMPANY will provide the other prompt and timely notice of any event covered which in any way,directly or indirectly,contingently or otherwise, affects or might affect the COMPANY or CITY, and CITY shall have the right to compromise and defend the same to the extent of its own interests. IX. DISCRIMINATION REGULATIONS COMPANY, in the execution of this Contract and particularly in the employment practices engaged in, agrees that it will not discriminate on the basis of race, color, religion,national origin, sex, age,handicap or disability. X. NOTIFICATION All notices and communications required herein shall be personally delivered or mailed to the other party by United States certified mail, return receipt requested. Unless otherwise changed in writing by the respective party, notice intended for COMPANY shall be sent to the COMPANY's address as shown on COMPANY's Proposal; notice intended for CITY shall be sent to: City of Wylie, Office of the Purchasing Agent, 2000 North Highway 78, Wylie, Texas 75098. Mailed notices shall be deemed to have been received three-(3)days after mailing. IN WITNESS WHEREOF, CITY and COMPANY have executed this Contract in two (2) counterparts, each of which shall be deemed an original,the day and year first written above. CITY OF WYLIE VMC LANDSCAPE SERVICES (CITY) (COMPANY) By: By: , City Manager Signature Printed Name: ATTEST: Printed Title: By: , City Secretary Acknowledgment State of Texas, County of Collin: Before me the undersigned authority on this day personally appeared ,known to be the person whose name is subscribed to the foregoing document and known to me to be the (title)of (company name) and acknowledged to me that(s)he executed said document with full authority to do so and for the purposes and consideration expressed therein. Given under my hand and seal of office the day of APPROVED AS TO FORM: By: City Attorney or designee Notary Public in and for the State of Texas PROPOSAL Pursuant to the Advertisement for Bids, General Provisions and Requirements and the Plans and specifications (herinafter collectively referred to as the "Specifications"), the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and to complete all the work,upon which he bids, as provided by the Specifications and binds himself on acceptance of the proposal to execute a contract and provide required insurance certificates, according to the City of Wylie standard forms, for performing and completing the said work within the required time and furnish all guarantees for the price stated in the Schedule of Bid Items for the following project: ANNUAL MOWING OF CITY MEDIANS, RIGHTS OF WAY & SPECIAL AREAS It is understood that the quantities of work shown in the schedule of bid items and work to be performed are approximate only and are subject to increase or decrease and the undersigned bidder offers to do the work at the unit price as stated in the schedule of bid items. The undersigned further agrees that the unit prices quoted include all items of work required as necessary for the accomplishment of the projected work and these items include all work indicated on the Plans and Specifications for which no specific pay items have been established. MOWING MEDIANS/R.O.W.'S/SPECIAL AREAS: Estimated Mowing Frequency at 19 Times Location • Acreage 1. Akin Lane Berm(special area) .7 ac. 2. Alanis Lane(median/r.o.w.) 4.7 ac. 3. Anson Parkway(r.o.w.) .6 ac. 4. Centennial Drive(r.o.w.) 3. 4 ac. 5. Cottonbelt/Brown(special area) .3 ac. 6. F.M. 544(median/r.o.w.) 1.4 ac. 7. Harvest Bend(median/r.o.w.) .1 ac. 8. Highway 78 (median/r.o.w.) 34.1 ac. 9. Kirby Street(median/r.o.w.) 2.0 ac. 10. Kreymer Lane(median/r.ow.) 1.7 ac. 11. Sanden Blvd. (r.o.w.) .8 ac. 12. Spr ngcreek Pkwy. (median/r.o.w.) 3.5 ac. 13. Stone Circle(special area) .3 ac. 14. Stone Street(median/r.o.w.) 1.8 ac. 15. W.A.Allen(median/r.o.w.) 1.0 ac. 56.4 ac. Unit Price=$ 4 I. 1 2 per acre for mowing per specifications. BASE BID:Shall be for mowing all City of Wylie medians, r.o.w.'s and special areas for the fall of 2005 (October-early December); and spring and summer(until end of September)of 2006. $ .12-per acre x 56.4 acres x 19 mowings=$ q' , 701 IS Unit Price Total Base Bid of Items "1"through "15," complete and in place,for the sum of: Ar4/ Airoisepr. %i 1 .-- Dollars $ /At 1D7 t y (figures)LUMP SUM Cents (writtenl LUMP SUM At Price=$ 7.40 per acre for Litter Control per specifications. $ 1.00 per acre x 56.4 acres x 4 Litter Control Trips=$ 1, S•19.2,0 Unit Price Total Bid,for Litter Control,complete and in place,for the sum of: 8� ,e} �.tt1.1.14 swe,47 ..ate Dollars $ 1,579•.2a (figures)LUMP SUM a4id 440 , j. Cents (written)LUMP SUM NOTE: Show amount in both written form and figures. In case of discrepancy between the written amount and figure amount, the written amount shall govern. In case of discrepancy between the unit price and the total base bid (LUMP SUM),the unit price shall govern. The dollar amount for unit pricing will be rounded to the nearest penny. 'I"ERMS Payment(s)will be made to the Contractor(successful bidder)as follows: upon receipt of approved monthly invoices,the City will submit a Contract Payment Voucher to the Finance Department, for payment to be made to the Contractor. A typical payment cycle is approximately 30 days from the date of receipt of the invoices. Minimum Equipment Required to Perform this Contract: 4 ea. Mowers with 42"mowing decks(Riding mower with Zero Turning Radius"recommended) 2 ea. Push Mower, Stringline Trimmers, Stick Edgers and Backpack Blowers Note: The Contractor's equipment shall be in good repair and a qualified operator shall be responsible for the care and handling of the equipment. Sufficient equipment is required to carry out the requirements of the contract. The contractor must be capable of mowing a minimum of 11.3 acres of medians, r.o.w.'s or special areas in a single eight (8) hour workday, Monday through Friday. All Mower Operators shall carry trash bags for Litter Control as required. Mulching Mowers are preferred. List of Equipment Available to be Utilized on Subject Contract: YEAR Set ,j f MODEL MAKE Five(5)Work References (Include: Names,Addresses, Phone No's., Dates,Work Description &Contract Amount) 1. S.e. 1 I414-14Ato..,-J' 4. 5. The undersigned Bidder hereby declares that he visited the site of work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within (10) days after date of written notice to do so and to substantially complete the work on which he has bid within five(5) consecutive working days (Monday through Friday)for a single mowing cycle of all medians, r.o.w.'s and special areas. Enclosed with this proposal is a Certified Check(5%of Bid)for f$,2.3 N.32 )Dollars or a Proposal Bond in the sum of ($ )Dollars which it is agreed shall be collected and retained by the City as liquidated damages in the event this proposal is accepted by the City within sixty (60) days after the bids are received and the undersigned fails to execute the contract and supply the required insurance (Workers Compensation and Liability) for the City within ten (10)days after the date said proposal is accepted, otherwise said check or bond shall be returned to the undersigned upon request. Contractor acknowledges receipt of the following addenda: (List) I understand the above conditions full. SEAL (If Bidder is a Corporation) A11 Acot4 (,Awk, Firm ame Si ,m ti re Name and Title(Print or Type) Po 2.0,t 3g2 Address Conk ii T( 7Soo Ci -and Zip Code 817) 937-V323 elephone(Include Area Code) PROPOSAL Pursuant to the Advertisement for Bids, General Provisions and Requirements and the Plans and specifications (herinafter collectively referred to as the "Specifications"), the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and to complete all the work, upon which he bids, as provided by the Specifications and binds himself, on acceptance of the proposal to execute a contract and provide required insurance certificates, according to the City of Wylie standard forms, for performing and completing the said work within the required time and furnish all guarantees for the price stated in the Schedule of Bid Items for the following project: ANNUAL MOWING OF CITY MEDIANS, RIGHTS OF WAY & SPECIAL AREAS It is understood that the quantities of work shown in the schedule of bid items and work to be performed are approximate only and are subject to increase or decrease and the undersigned bidder offers to do the work at the unit price as stated in the schedule of bid items. The undersigned further agrees that the unit prices quoted include all items of work required as necessary for the accomplishment of the projected work and these items include all work indicated on the Plans and Specifications for which no specific pay items have been established. MOWING MEDIANSIR.O.W.'S/SPECIAL AREAS: Estimated Mowing Frequency at 19 Times Location • Acreage 1. Akin Lane Berm (special area) .7 ac. 2. Alanis Lane (median/r.o.w.) 4.7 ac. 3. Anson Parkway(r.o.w.) .6 ac. 4. Centennial Drive (r.o.w.) 3. 4 ac. �. Cottonbelt/Brown (special area) .3 ac. 6. F.M. 544 (median/r.o.w.) 1.4 ac. 7. Harvest Bend(median/r.o.w.) .1 ac. 8. Highway 78 (median/r.o.w.) 34.1 ac. 9. Kirby Street (median/r.o.w.) 2.0 ac. 10. Krevmer Lane (median/r.ow.) 1.7 ac. 11. Sanden Blvd. (r.o.w.) .8 ac. 12. Springcreek Pkwy. (median/r.o.w.) 3.5 ac. 13. Stone Circle (special area) .3 ac. 14. Stone Street (median/r.o.w.) 1.8 ac. 15. W.A. Allen (median/r.o.w.) 1.0 ac. 56.4 ac. Unit Price=S 6A• oo per acre for mowing per specifications. BASE BID: Shall be for mowing all City of Wylie medians, r.o.w.'s and special areas for the fall of 2005 (October- early December); and spring and summer (until end of September) of 2006. S 3e?•oo per acre x 56.4 acres x 19 mowings=S ab Unit Pt-ice Total Base Bid of Items "1" through "15," complete and in place, for the sum of: ,_,f��,&la h , ..1" tew ollars S 123 ._ (figures) LUMP SUM a.n.k '2p//oo - Cents (written) LUMP SUM Price=$ _ op per acre for Litter Control per specifications. 4A.t)CC per acre x 56.4 acres x 4 Litter Control Trips = $ 4 (o3•ab Unit Price Total Bid,for Litter Control, complete and inplace, for the sum of: c�L L� k44-�x n J.-AU -.i.t.�1 ti.4..o0 n Q .AtDollars $ 4 9 3•ap (figures) LUMP SUM qi 'A6/I 0 p _ Cents (written)LUMP SUM NO 1'h: Show amount in both written form and figures. In case of discrepancy between the written amount and figure amount, the written amount shall govern. In case of discrepancy between the unit price and the total base bid (LUMP SUM),the unit price shall govern. The dollar amount for unit pricing will be rounded to the nearest penny. TERMS Payment(s)will be made to the Contractor (successful bidder) as follows: upon receipt of approved monthly invoices, the City will submit a Contract Payment Voucher to the Finance Depai Linent, for payment to be made to the Contractor. A typical payment cycle is approximately 30 days from the date of receipt of the invoices. Minimum Equipment Required to Perform this Contract: 4 ea. Mowers with 42"mowing decks (Riding mower with Zero Turning Radius recommended) 2 ea. Push Mower, Stringline Trimmers, Stick Edgers and Backpack Blowers • Note: The Contractor's equipment shall be in good repair and a qualified operator shall be responsible for the care and handling of the equipment. Sufficient equipment is required to carry out the requirements of the contract. The contractor must be capable of mowing a minimum of 11.3 acres of medians, r.o.w.'s or special areas in a single eiit (8) hour workday. Monday through Friday. All Mower Operators shall carry trash bags for Litter Control as required. Mulching Mowers are preferred. List of Equipment Available to be Utilized on Subject Contract: YEAR MODEL MAKE 1 -►4GVE.b 1K Five (5)Work References (Include: Names. Addresses, Phone No's., Dates,Work Description & Contract Amount) 1. C rr4 d F IM r:.s t0v acoo FMrr- i5is G,at��wy Ihvf .# A) !oo.ad IMt-S� a-c�,`Tx . 15)kr1 rArrw.c s UL N b 07-1 La $r 2.1 2. 1 .- aflcno - PR`LSE.wr 5�-► LoNt„ C tE�K 'Ra. .1 too)oco. 06 SuiiU.►y VALE , 1 t. 15sa o1bEt�T Pp�.6cKgbu KIN '\ . a2Le. 1111 ‘,,,.1z. o ‘r-T- U - 2be3 - -aESE -r Jab\ . 7_51 -cc ab -# Ctn. 06 ra. a34 4. fi�L CA:a o►g>ATV__ ©FFIC o?bo) - cPAE5Ea'r OAsr-- "St S-c Lc l��y .# do) 94-19.co aI4 :351r OI44- 5. JPty FysFORC-..`VW-4• -c a7000- Ya s��uT 14T-) •E •-EG..11.11c Lc (74 y )6 L\1 b. -4" $,`]zt 6.06 w-AD 14E11_ Thv'P,C:ESS . 7)(4 35-7 -�3'� The undersigned Bidder hereby declares that he visited the site of work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within (10) days after date of written notice to do so and to substantially complete the work on which he has bid within five (5) consecutive working days (Monday through Friday) for a single mowing cycle of all medians, r.o.w.'s and special areas. Enclosed with this proposal is a Certified Check(5%of Bid) for ($ ) Dollars or a Proposal Bond in the sum of -I-% of Arr+zoui {5'D ($ .?78(0•)(, ) Dollars which it is agreed shall be collected and retained by the City as liquidated damages in the event this proposal is accepted by the City within sixty (60) days after the bids are received and the undersigned fails to execute the contract and supply the required insurance (Workers Compensation and Liability) for the City within ten (10) days after the date said proposal is accepted, otherwise said check or bond shall be returned to the undersigned upon request. Contractor acknowledges receipt of the following addenda: (List) I understand the above conditions fully. SEAL (If Bidder is a Corporation) ! CCU 1-a GR 1} pr,54t5-- Fi 'ame , . Sig�n re 4.11-..po7r le.ti .+t9 5 vic s ep4so }J-11 Name and Title(Print or Type) 3 O I k.F._b J ) D. Addr s y Li%jio 3 1X• '15b& 1 City and Zip Code A' . ciSL\ S Si Telephone (Include Area Code) CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 11, 2005 Originating Department: Mayor/City Council Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: September 30, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon an amendment to the City Manager's employment agreement regarding compensation RECOMMENDED ACTION: SUMMARY: City Manager Mark B. Roath has been employeed for the City of Wylie since August of 2004. City Council has completed his annual evaluation and has requested that an amendment be made to his employment agreement to include an increase in pay, retroactive to his anniversary date of August 30, 2005. In addition he will receive the COLA given to all City Employees for the 2005-2006 Fiscal Year. APPROVED BY: Initial Date Department Director: CE \ 9-30-05 City Manager: MM \ 10/2/05 1 AMENDMENT TO CITY MANAGER'S CONTRACT THIS AMENDMENT is made the 11th day of October, 2005, by and between CITY OF WYLIE ("City" or"Employer") and MARK B. ROATH ("Employee"). The Employment Agreement dated July 19, 2004, is hereby amended to change the annual base salary set forth in Paragraph No. 5 entitled "Compensation or Salary" from $120,000.00 to $123,600.00 retroactive to his anniversary date. All other terms and conditions remain as stated in the original agreement. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written. CITY OF WYLIE, TEXAS By: JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary WITNESSES: EMPLOYEE: MARK B. ROATH 409867-1 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM October 11, 2005 Council Meeting Of: Originating Department: Police Denartment Prepared By: Jeff Butters Account Code No. #: Date Prepared: September 23, 2005 Budgeted Amount: NA Exhibits: Ordinance Amendment AGENDA SUBJECT: Consider and act upon the approval of Ordinance No. 2005-49 amending Animal Shelter Fees. RECOMMENDED ACTION: Approve the proposed ordinance amendment which updates animal shelter fees. SUMMARY: µ' The proposed ordinance amendment will increase our current animal control fees so that they are more in line with what other shelters are charging. The new fees proposed will put the City in the mid-cost range of the fee scale compared to area cities, currently we are the lowest. The amendment also adds several fees that other agencies charge and currently we do no. We have added a Euthanasia fee, disposal fee, and surrender fee. There are costs for all of these services and we feel it would be prudent to recover some of the costs. APPROVED BY: Initial Date Department Director: JB \ 9-28-05 City Manager: /NdE \ 1 ORDINANCE NO. 2005-49 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE), SECTION 17.00 (ANIMAL FEES AND CHARGES), SUBSECTION 17.03 (IMPOUNDMENT AND ADOPTION FEES); AND ADDING SECTION 17.06 (LICENSE, REGISTRATION FOR DANGEROUS DOG, EUTHANASIA, DISPOSAL, SURRENDER FEES AND TRAP DEPOSITS); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie ("City Council") has determined a need to change some existing fees and add some additional fees by amending Wylie Ordinance No. 98-16, Consolidated Fees and Charges/Fee Schedule Ordinance, Section 17.00 (Animal Fees and Charges), Subsection 17.03 (Impoundment and Adoption Fees); and adding Section 17.06 (License, Registration for Dangerous Dog, Euthanasia, Disposal, Surrender Fees and Trap Deposits); and WHEREAS,the City Council has determined that the increase in fees and additional fees are necessary to help with the cost of sheltering, boarding and regulating animals, including, but not limited to, the cost of personnel time, medical services, facilities and record keeping. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated as if fully set forth herein. SECTION 2: Amendment to Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance" Section 17.00 (Animal Fees and Charges), Subsection 17.03 (Impoundment and Adoption Fees). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 17.00 (Animal Fees and Charges), Subsection 17.03 (Impoundment and Adoption Fees) is hereby amended to read as follows: § 17.03 Impoundment, Boarding and Adoption Fees. The Owner, keeper or harborer of any animal impounded under this section may redeem same within three (3) days by payment of the impounding fee and boarding fee as follows: Shelter(Impound) Fees All Animals First Offense: $40.00 Ordinance No.2005-49 Fee Schedule Amendment for Animal Control Fees Page 1 Second Offense: $60.00 Third Offense: $80.00 Boarding Fees Daily Rates All Animals $10.00 [per calendar day] Adoption Fee $75.00 [includes $50.00 voucher for sterilization] SECTION 3: Amendment to Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 17.00 (Animal Fees and Charges), Subsection 17.06 (License, Registration for Dangerous Dog, Euthanasia, Disposal, Surrender Fees and Trap Deposits). Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) Section 17.00 (Animal Fees and Charges) is amended by adding Subsection 17.06 (License, Euthanasia, Disposal and Surrender Fees) as follows: §17.06 License, Registration for Dangerous Dog, Euthanasia, Disposal, Surrender Fees and Trap Deposits. License Fee $10.00 Fee for Lost License Tag $2.00 Euthanasia Fee $25.00 per animal Disposal Fee $10.00 per animal Surrender Fee $15.00 per animal Trap Deposits $60.00 Ordinance No.2005-49 Fee Schedule Amendment for Animal Control Fees Page 2 Annual Registration fee for Dangerous Dog $50.00 $25.00 (Fee to register dangerous dog at new address) SECTION 4: Savings/Repealing Clause. Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for 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. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: 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 it 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. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this l lth day of October, 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 19,2005 Ordinance No.2005-49 Fee Schedule Amendment for Animal Control Fees Page 3 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 11, 2005 Originating Department: City Secretary Prepared By: Carole Ehrlich Account Code No. #: Date Prepared: September 30, 2005 Budgeted Amount: N/A Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon approval of Ordinance No. 2005-50 setting the time and place for Council Meetings for November and December of 2005 and all regular City Council Meetings in 2006. RECOMMENDED ACTION: Approve SUMMARY: The City of Wylie Home Rule Charter in Article III, Section 9 Mates that the City Council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the mayor or a majority of the City Councilmembers. By this ordinance, the dates and times of the regular meetings for November and December, 2005 and all regular meetings of 2006 will be set. During the months of November and December one meeting per month has been scheduled due to the holidays. Upon request of the Council, additional meetings can be scheduled. APPROVED BY: Initial Date Department Director: CE \ 9-3Q-05 City Manager: M.dR \ ia-Q-,or 1 ORDINANCE NO. 2005-50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY CHANGING THE REGULAR CITY COUNCIL MEETING DATES IN NOVEMBER AND DECEMBER, 2005 AND SETTING THE REGULAR CITY COUNCIL MEETING DATES FOR 2006 FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR SAVINGS, REPEALING AND SEVERANCE CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council normally meets on the 2"d and 4th Tuesday of each month; and WHEREAS, the City Charter requires the City Council to meet at least once each month; and WHEREAS, in November 2005 the City Council will need to canvass the November 8, 2005 election results in accordance with the Texas Election Code; and WHEREAS, many citizens, City employees and elected officials take vacations or are unavailable during the holidays; and WHEREAS, the City Council finds it will be beneficial and in the best interests of the public to set forth its regular meeting dates for 2006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The City Council of the City of Wylie, Texas, hereby determines that regular meetings will not be held on the 2"d and 4th Tuesday in November and December, 2005, and instead, the City Council shall have its regular meetings on the following dates: November 17, 2005 December 6, 2005 SECTION 2: The City Council of the City of Wylie, Texas, hereby determines that regular meetings will be held on the 2"d and 4th Tuesdays for the first ten months of 2006 (January through October) and on the 2"d Tuesday in November and December, 2006, which shall be on the following dates: January 10 and 24, 2006 July 11 and 25, 2006 February 14 and 28, 2006 August 8 and 22, 2006 March 14 and 28, 2006 September 12 and 26, 2006 April 11 and 25, 2006 October 10 and 24, 2006 May 9 and 23, 2006 November 14, 2006 June 13 and 27, 2006 December 12, 2006 Ordinance No. 2005-50 Ordinance Establishing Meeting Dates Page 1 SECTION 3: Nothing herein shall prohibit the City Council from canceling or changing the regular meeting dates established herein or from holding special or other meetings as allowed by law. SECTION 4: The City Council's regular meetings shall generally begin at 6:00 p.m. and are usually held at 2000 Hwy. 78 N., Wylie, Texas in the City Council meeting chambers in City Hall, however the exact time and location for each meeting shall be posted in accordance with the Texas Open Meetings Act. SECTION 5: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6: 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 it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,on this 1 lth day of October, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH City Secretary Date of publication in The Wylie News—October 19,2005 Ordinance No. 2005-50 Ordinance Establishing Meeting Dates Page 2 CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 11, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: September 26, 2005 • Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Final Plat for Wylie Independent School District, Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. Tabled from September 13, 2005 RECOMMENDED ACTION: The Planning and Zoning Commission voted on August 16, 2005, 3 — 1 to recommend approval. The City Engineer will present the findings of the Council -requested traffic analysis, and recommends approval of the plat. SUMMARY: This item was tabled by City Council on September 13, 2005 to allow time for the applicant to complete a traffic study in order to confirm the need for additional points of access including the extension of Hensley Drive and the need for a signal on Hooper Road. The Final Plat under consideration is for a Junior High School totaling 41.155 acres. The lot for the school will be 35.55 acres in size and a second lot of 3.7 acres is created by the realignment of Hensley Lane. The Plat dedicates a sixty (60) feet right-of-way along the northern portion of the property for the realignment of Hensley Lane. The property abuts Hooper Road on the west, but this will be realigned by others as the extension of Country Club Road. The school must provide two points of access to the site and must provide the connections from Sanden Boulevard and F.M. 544 to the site, and specific alignments are still being studied by the City Engineer and WISD. This off-site street network drew concerns by the Council and is the subject of a special traffic study to be presented by the City Engineer at the current Council meeting. The subject property is currently zoned Planned Development (PD) 2003-01, and the PD allows single-family residential lots of 8,500 and 10,000 square feet. The Final Plat substantially conforms to the approved Conditions of the Planned Development District and Development Plan, and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. A Site Plan was also approved by the Planning and Zoning Commission on August 16, 2005. APPROVED BY: Initial Date Department Director: CT \ 9/26/05 City Manager: f4( \ i6-s2-.0 1 N W rS Ct E , Irr IT-r"Iiss„- I"mea„;.m;,a Mm„ ,rl� s \ • \ wowscsir LOUD.OF I -- \\� wam� glkAnny KW* ' aLct' azo1,Block 6 \ 31 3.647ET ACRES°_ \\ • Y m-z,m -� m C \ ..N".-',.M.. 4 �6s i' O iy�'IN' gst'E1 znF1� E .a 3 •�,?Y 3`y \ 4. ' v` ti , • �.r. r v= .ate„ ,r. III na III \\ s I - _ __ \\ r �."-weee2' _� Lot 1,Block A ---.—___----___—... —' -_____ I ",s..,M• N �J 35.546 NET ACRES \ .-au, • \\i , In \ R n I nN w PRELIMINARY PLAT FOR RENEW PURPOSES ONLY Em '°".°'s'a KK, rr, X \ SHEET 1 OF 2 o a \ PRELIM I N A R Y PLAT Vol.rJWry em/bens Mina moo.,Mimi[urM \ \ WYLIE JUNIOR HIGH SCHOOL #3 \ Lot 1, Block A. Lot 1, Block B \ Situated In The \ L K. PEGUES SURVEY — ABSTRACT 703 \ WYLIE, COLON COUNTY, TEXAS \ ama - _ NFNSI FY Rnd n B a7i . Pos \ Wylie Independent sancta District *Ale State Plane OaarJlnotee �'���'�'�`�-- 951 Bollard Street ��p —�___ WEIR Town 75098 5O"e 444. Y TNNNone...... -3000 Elev. _ G1c w r m M eee w.�Je'W rrs' w.iYr. m 9883 W.Un Y Drive Mons,Tew, 75071 g. TMynme On).2-1.. JUly 28.2005 I 1 f 1 I i I OWNER'S CERTIFICATE I STATE OF TEXAS COUNTY OF GOWN NOW.THEREFORE,KNOW ALL MEN BY THESE PRESENTS: SUR'EMFES TRTFICATE WHEREAS,Me RR.Independent Shod District la Me owner of o tract Thal,Ms Wylb MdpeMMt Salad Pstrict,act:np q and IM1rougM1 ib D Ovvk J.Surdukn.hanbY certify this plat of anbdhieion was pepwad -Recommended for Aporowi' I of land situated in the E K.Paques Survey,Abstract No.act 0 duly authorized agent,does hereby adopt this plot,designating from an actual an Me grand survey performed miler my*mtbn,ad County.Texas,and also being part of a 20.9943 awe tract end a the herein bow described Drapery a Wylie Junior thigh School Is. the monuments Mown hereon actually exist in the fYd 40.307 acre tract as conveyed to the Woodbridge North I.Ltd.a Texas an addition to the City W'yge,Collin County.Texas. The easement. CMim Nan ning anning&Zoning Commission Dote ed In partnership as record Volume 5560,Page 311 of Me Deed shown thereon a hereby reserved for the purposes indicated. City of Wylie,Texas Records of Collin County.Texas,and being more portiwlarly described The linty who fire bee easements Mall be open to the pubic,f ash by melee nor benm as follows: police units,garbage and rubbish collect.n agencies,and all public Prod d SsMn w No.4613 Approved for Catructiw j. and private utilities for each particular use. The maintenance of Registered ProfeaYad land Surveyor t BEGINNING at a 1/2'Iron rod eel for corner al Me southeast comer of Weill on Me utility ash tin lane easements is the responsibility of said 20.9943 awe tract,said Iron rod bang at Me southwest caner of property owner. No buildings,fences.trees,Mrube,or other STATE OF IEXAS t a tract conveyed to Alton Hensley as recorded n Volume 4832,Page 598, improvements or 9rowfM shall be cwubu led,reronsfncted w placed fin,OF COLLIN Mayor.City of Wylie,Texas Dole D.R.C,C.T.,said inn rod also being*Hensley Rood aphdl pavement): upon,here,or served for easements w Mown. Said easion of all being 9 Y (a being hereby reserved for mutual use and aced any tin of all public THENCE N87'35'S)'W.Wert fallowing Hensley Road a distance of 1409.93 utilities using or bes.n9 to u00 same. All and any public utility Yell BEFO5101.O ME the endnYgned auMeny,a Notary Pudic Or nd for Me Mceptetl Yhave the right to remove and keep removed all or part of erry buildings. Slate of Texas n Mb day peaandly David A Surdukn,known to ma • feet to a 1/2 Ind+bon rod fend for comer at the Intersect.of fmoM,trees,shrub,or other improvements or growths which in aq to be the priori Mose name b...bed to the Ioragong instrument. Hensley Rood and Hooper Rood(asphalt pavement), way may endanger or interfere with Me construct an,maintenance or and acknowledged to me Met M executed to sae for the pepwes efficiency of its respective system n the easements.anal all public and cns...tbw there.seremsed and*the ca..,Mee*slated Mayor.City of Wylie,Texas Date • THEIKF,N O'46'J6'G idbring Hooper Rood a dish.of 728.65 Met to utilities Moll at 6 limes have full right of Ingress and press to or a 1/2'kn red set tar twos, from and upon the said easements for the purpose of constructing. GIVEN tinder my hand and seal of office,the the_Joy of to or THENCE N11Ty9'2YE,a distance of 210.32 feet to a 1/2 Inch iron rod removing all orinspecting portss of i patrolling,ts respective systems without the i ngecessity 5' set for comer at Me beginning of a curve to the right with o chord at or time of procuring the permission of anyone. (My public utility bearing of N30'20'51'E end 0 chord dislonce of 708.21 feet; Moll have the right of.grew and egress to p.Wate property for the THENCE along said am to Me 1 Mrou central of 37.35'57- purpose of reading meters M y maintenance or service required r Nolay PoDob n ad for 9 ri a ogle _ Me Stale 1 Tesaz radius distance of 1098.82 feet and aarc distance of 721.00 oNipriy pwfomwd q that utility. Wn ash wastewater f feet to 0 1/2 inch iron rod set for comer: me.shall ablo include additional ores of waning apace for wmbuctin 'The undersigned,the City Secretary of the City of Wylie,Texas hereby and maintenance of the sysleme Additional area is also conveyed for cert..that the forgoing Final Plot of W.1.S.D.Center,an addition THENCE N49'09'04'E,a distance of 107.13 feel to a 1/2 Inch Iron rod installation and maintenance of manholes.cleomuta.fire hydrants, to the CilI.of Wylie was submitted to the City Council n the f of elm services and Ye orator se ea from the main to Me curDw a m day of 2005,ash its Council,q formation, t[fpt set for comer: improvement line and tlaacriPtin of such addition menla hereinMen ash there pled the dedication of riots-of-ways, heels. granted Mall be determined by their location as I.4 lbd. osa enta and atleys,as shown and>N Ian and upon sold Plat, THENCE 547'JJI,In a distance of 1T87.59 feet to a 1/2 ache non rod and said Cnncil further authorized the mayor to note the accept- sat Ice caner In the east line said 40.307 owe track Public u areas are dedicated to the.City of Wylie,Texas,for the nor thereof by signing his name ore heranabove subscribed.' pudic use forever,for the purposes indicated on this poll. THENCE 50215'56'W.idlor.g the east line of said M.307 awe tract Witness my nand this day of and the east line of said 20.9943 awe tract a distance of 808.21 feet Than: pit b eppwed subject to all pbttin9 oNinnces,risks,regulatkm to Me POINT OF BEGINNING and containing 1.792.699 square fen a 41.155 oho resallbns or Me Ciy of Wylie.Texas. awes of Ind. WTlneas my hand CI .this the doy of CNyoy 0f Wy S0ratarylie C 2005. Selling a portion of this odditi./dot by metes and bands Is a violation of ally ordnance and stale low,is is subject to withholding of unities nd building permits. Wylie Independent School District BASIS OF BEARINGS: STATE OF TEXAS The bear.gs shown are based on Ter North.per CPS Obeemtin. COUNTY OF COLLIN BEFORE ME,the undersigned authority,a Notary Public in and for the Slots of Texas,on this day personally appeared known to me to be the person whose name b sbswbed to the fwegong instrument.nd acknowledged to me Not he executed the some for Me purposes and considerations therein expressed and In the capacity MerMn stated. GIVEN under my hand and meal of office this the_day of ,2005. Notwy Pudic n nd 1w Me Slot.of Texas IPRELIMINARY PLAT FOR REVIEW PURPOSES ONLY SHEET 2 Of 2 PRELIMINARY PLAT WYLIE JUNIOR HIGH SCHOOL #3 Lot 1, Block A, Lot 1, Block B Situated In The L. K. PEGUES SURVEY « ABSTRACT 703 WYLIE, COWN COUNTY, TEXAS IDmac W9.indpendmt Scholl District 951 Bollard Street Wylie Texas 75098 Telephone 972 429-3000 Sure SordAam Su...Inc. 9802 W.Unlwsity din McKinney.Texas 75011 Telephone(922)542-1458 July 212 2005 CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM October 11, 2005 Council Meeting Of: Originating Department: Planning and Zoning Prepared By: Claude Thomason Account Code No. #: Date Prepared: October 5, 2005 Budgeted Amount: Exhibits: 4 AGENDA SUBJECT: Hold a public hearing and act upon Ordinance No. 2005-51 approving a change in zoning from Business Center (BC) to Business Center with a Specific Use Permit (SUP) for warehouse and distribution uses, being Lot 2, Block C of the Century Way Business Park, at 1307 Century Way. ZC 2005-18 Requires the affirmative vote of three-fourths (6 members) of the City Council to approve due to opposition of neighboring property owners. RECOMMENDED ACTION: The Planning and Zoning Commission voted on October 4, 2005 6-0 to recommend approval. SUMMARY: Applicant: Autumn Investments, Inc. Owner: Heatley Properties, Inc. Notification: 17 notifications were mailed to property owners within 200 feet of the request as required by State law. Two written Comment Forms representing three (3) parcels have been returned, two properties FAVORING the request and one property OPPOSING the request. Because owners of more than twenty (20) percent of the notification area have submitted written opposition to the request, the affirmative vote of three-fourths (6 members) of the City Council will be required to approve the requested zoning change. The newly-revised Comprehensive Plan recommends Corridor Commercial uses for the subject property, in keeping with existing development of the vicinity. The proposed warehouse and distribution center conforms to this recommendation. The subject lot was created in 1985 with the platting of the Century Business Park, establishing front yard and rear yard (also a drainage easement) building lines of twenty (20) feet, as required by the development standards in force at that time. The current Zoning requires a 50 feet wide front yard and 25 feet rear yard. However, unless replatted, the future development may comply with the platted setbacks. APPROVED BY: Initial Date Department Director: CT \ 9/05/05 City Manager: MM \ 10/2/05 1 AGENDA SUBJECT: Hold a public hearing and act upon Ordinance No. 2005-51 approving a change in zoning from Business Center (BC) to Business Center with a Specific Use Permit (SUP) for warehouse and distribution uses, being Lot 2, Block C of the Century Way Business Park, at 1307 Century Way. ZC 2005-18 Requires the affirmative vote of three-fourths (6 members) of the City Council to approve. SUMMARY: (Continued) The property is currently zoned Business Center (BC) District, having been rezoned from Industrial (I) in November of 2001 with the City-wide revision of the Zoning Ordinance and Map. The proposed warehouse and distribution use was permitted by right in the previous I District, but is allowed within the current BC District only with an approved Specific Use Permit. The proposed site plan complies with all requirements of the currently-adopted BC District, except for the 25 feet front building line rather than the requested 50 feet. The Conditions of the SUP require compliance with all other requirements of the current code. The site plan proposes two free-standing masonry-skin buildings, totaling 16,890 square feet. No overhead doors face the street. The plan anticipates 2 separate entry drives, with no internal drive and fire lane completely around the buildings, and the City Engineer and Fire Marshall have approved this new circulation pattern. Neighboring properties within the Century Way Business Park are largely developed with commercial or industrial uses, including private warehousing and public self-storage, assembly and fabrication, vehicular repair and contractor supply and storage. These have been developed at different times, under differing code regulations. 2 _.._......_.._........._._ _— # . # a # # # a ! • i a # a # a a a # i j j i j i - ! i j I 11111111 i i i ! to o f"-------i i i i i i E 1 i i i ; ••••• E i F. M. 4 4 r I I i I . 1.. r_....,,,.... , i. 3.,..0e i e • .fr . Subject o Property i i _ ,..... i ! , .... 0 , \4.0- , 0 ... ... . ../. i ••• 10 00 4 1 : ., 0 i " A d , , 4 • AtIllii ---------.4 ,-- / 1 ,---- . ,--- ,0 , , , ... . , , 0 *am , I zzi ImairTsion. loy,,N. Ii.:NE MEI :1-;',.: ::•,.. —. IIIIIr i ,../C,• i. ,../6• \ .\ i „.., ,.." i i ," i i i ,-.' .s. e , , • ..! .... i .........---- ....-.. i i . .* . . ''. ! ! , ! MOnis Dr' ". 1 i i i i i . 1/2 . ..\ ,..' 0/0/11/11/111, . ../'/ \ 't \ s.. 1/2 i .E: UMMI ali \III(./// - / .%. , IIIIIIIIIIIIIR\\ !---- ( '.. _ — i , LOCATION MAP ZONING CASE #2005_1 8 ORDINANCE NO. 2005-51 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 2005-18, TO A SPECIAL USE PERMIT (SUP) FOR A WAREHOUSE/DISTRIBUTION CENTER; 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,TEXAS: 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 Special Use Permit (SUP) for a warehouse/distribution center, said property being described in Exhibit "A" 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 No.2005-51 Zoning Change 2005-18 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 11th day of October, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 19, 2005 Ordinance No. 2005-51 Zoning Change 2005-18 Exhibit"A" LEGAL DESCRIPTION Zone Change#2005-18 BEING a 1.3 acre tract of land located south of State Highway 78 and north of Alanis Drive in the City of Wylie, Texas, and being further described as 1307 Century Way, being all of Lot 2, Block C in the Century Business Park Addition, Collin County, Texas. Ordinance No.2005-51 Zoning Change 2005-18 Exhibit "B" SPECIFIC USE PERMIT CONDITIONS for Warehouse/Distribution Center within the Business Center District 650 Century Way — Lot 2, Block C of the Century Way Business Park ZONING CASE NO. 2005-18 General Conditions: 1. The purpose of this Special Use Permit is to allow development of new facilities for Warehousing and Distribution operations, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Special Use Permit shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 3. All regulations of the Business Center(BC) District set forth in Sections 4.2.A, 5.2 and 7 of the Zoning Ordinance (as adopted February 27, 2002) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Special Use Permit shall apply only to Lot 2,Block C of the Century Way Business Park, at 1307 Century Way, as described in Exhibit"A", and shall not be transferred or applied to other uses or properties in any way. 2. Permitted land uses within this Special Use Permit shall include all and only those uses permitted Business Center (BC) District as specified in Section 5.1 of the Zoning Ordinance, including Warehouse/Distribution Center. 3. All operations shall be conducted within the enclosed structures. No vehicles or other materials shall be stored overnight except within the building. 4. No overhead entry doors shall face the public right-of-way. 5. All future development shall conform generally to the conceptual Site Plan attached as Exhibit "C", and shall conform fully to the requirements of the current Zoning Ordinance. 6. The operations shall remain in compliance at all times with the above and all other applicable local, state and federal laws, and failure to do so shall be considered a violation of this Special Use Permit and subject to revocation of this SUP and Certificate of Occupancy. 56.70' \ -'ems 25' b.l. • • III Ns - ----__,L111' • - \ \ L. - 1 1 I durnPster enc..laswe 1 w'tn 8' ^^a5-OnrIli '�y'<` ^ 5v? - 1 "a:l and oate. � �\ 0� _-1- i . ' ---Al � j Building 1 F 6 (5 units) 1 ,-1 \ C 1 TR .���1\\\\ 1 V ,\\-�\ �OGJ� ,\ � }- ,� , i =II T ;r /-s) .\\/---\\ , . 1 i33'-0.. 1 yam, 7,. 1s I l \\ Li Phase 2 Building I I N 0 \ ?'-„„ a (5 units) 1 I 6 Y r' / R20 I„ \ .._ g I A ��-cc) q1 .�/ I I 1B ��// retoInin, v.oll _�// 1 I C/////, cos rewired I ) I ?I ate`^r' fe c^e C.,0 1 (.111\ 5 phase c c 3 paruns 1 f r� 1- 25' s'de uord A �_ I p'-p" O / CI (5:--C: e' 1 1 I Y \ 1 207.77 Site plan 1°=-0' PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-18. JI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-18. a,044, (14//- Date,Location&Time of Planning&Zoning ~w Commission meeting: Tuesday, September 20,2005,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, October 11,2005,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: 4i/r 5 ' Lk) r , (please print) KS A)/ / 5- ( Sit/ /o/2y LV/4/' Signature: 10 ^ //,7,,1E/ Date: / `- g O S COMMENTS: S. (Jr c ly d ° J /j /( ( /O / ./ 7 L) -A s_ 6- 7 J 2 C( f j o 2 7-1 t7T r <' I7 n (//,t/,o rt� ,1/ /,Fk? Sep 2'e US U2: 1Sp Mary Bradley 972 442-8115 p, 2 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-18. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-18. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, September 20,2005,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie.Texas Date,Location&Time of City Council meeting: Tuesday,October 11.2005,6:00 pm Municipal Complex,2000 Highway 73 North,Wylie,Texas .1 ' Name: �J ` `- . � (please print) Address: ,1 3 L.A.; (tz , 77,-, 7i Signature: - Date: c:t'-2`'t-c S' COMMENTS: ice _-, 2:.)2 C_' : 12P 972 442 8115 papa / I 4 . a41 \ Tr (0 I I . - . I 0ard \ - . kkcil ` • - r14-1 tr bus i hes5 - . -7,4 ux 1). f 4 A s ^" '.,: A. 2l01 -rr22 e S • ___ ,. i N- 0 0 X 1 r _______ .-->--, 1.___ L foR -7 0 aisj ` I Q0 ii(-=--- loD ZONING CASE #2005-18 NOTIFICATION REPORT APPLICANT: Scott Park with Autumn Investments, Inc. APPLICATION FILE #2005-18 PO Box 450027 Garland, Texas 75045 -N — 0 A6A1,/•167 =--X # ( BLK/ABST I LOT/TRACT I TAX I.D. # ( PROPERTY OWNER NAME I ADDRESS Applicant-Scott Park PO Box 450027 1 Autumn Investments, Inc. Garland,Texas 75045 Century Business Park 2100 Lakeview Parkway j 2 Blk A Lot 1 R-4002-OOA-0010-1 Collision Center Paint&Body,Inc. Rowlett,Texas 75088 Century Business Park 5 Manor Lane 0 3 Blk A 7A R-4002-00A-007A-1 William George Allen,Texas 75002 Century Business Park 5 Manor Lane O 4 Blk A 7B R-4002-00A-007B-1 Texas Prime Properties,LP Allen,Texas 75002 Century Business Park 636 Mossycup Oak Drive 5 Blk C Lot 1 R-2103-00C-0010-1 BCF Enterprises,Inc. Plano,Texas 75025 Century Business Park 2695 Villa Creek Drive#145 6 Blk C 2 R-2103-00C-0020-1 Heatley Moist,Inc. Dallas,Texas 75234 Century Business Park 14160 Dallas Parkway,#500 X 7 Blk C 3B _ R-2103-00C-003B-1 Charles Wood, Jr. Dallas,Texas 75254 Holland Hitch 1301 Martinez Lane 8 --- Lot 2 R-4853-000-0020-1 Holland Hitch Company Wylie,Texas 75098 PO Box 650324 9 Abst 841 Tract 6 R-6841-000-0060-1 USA Cars, Inc. Dallas,Texas 75265 3118 Tina Street 10 Abst 267 Tract 21 R-6267-000-0210-1 Oscar Garcia Sachse,Texas 75048 1538 Tanglewood Lane 11 Abst 267 14 R-6267-000-0140-1 Victor Trevino Garland,Texas 75042 Metrotech Addn. 8201 Hartford Drive 12 Blk A Lot 1 R-8619-00A-0010-1 Frank Story Rowlett,Texas 75089 2209 Michael Street 13 Abst 267 63 R-6267-000-0630-1 Estella Humphries Garland,Texas 75040 402 N. Gaston Drive 14 Abst 267 69 R-6267-000-0690-1 David Whitmore Wylie,Texas 75098 402 N. Gaston Drive 15 Abst 267 20 R-6267-000-0200-1 David Whitmore Wylie,Texas 75098 1600 Martinez Lane 16 Abst 267 17 R-6267-000-0170-1 Ruben Fuentes Wylie,Texas 75098 PO Box 448 17 Abst 267 22 R-6267-000-0220-1 Raynor Manufacturing Company Dixon, Illinois 61021 18 AUTUMN INVESTMENTS, INC. P.O. BOX 450027 GARLAND, TX 75045-002 7 August 17, 2005 Mr. Claude Thompson Planning Director City of Wylie,Texas 2000 Highway 78 North Wylie, TX 75098 Dear Mr. Thompson, Attached is our application for a Special Use Permit for property we have under contract at 1307 Century Way, Wylie, TX (Lot 2, Block C, Century Business Park). We are asking for permission to use this property for "Warehouse/Distribution Center" purposes (BC I-3). Our objective is to build two 9,000 square foot buildings (+/-) in two phases roughly as shown on the attached plot plan. We would like the opportunity to be able to lease space to businesses such as small electrical contractors, HVAC contractors, residential window distributors, etc. There already exists similar types of businesses in Century Business Park, therefore we are only asking to be able to lease to tenants comparable to those now established in the immediate area. The plans attached are not the final plans we plan to build from, but are simply generic designs submitted for SUP consideration. Our final plans will include offsets for entryways, facade ornamentations, etc, and we feel will be an aesthetic compliment to the community. If you have any questions, please feel free to contact me at (972) 530-3336, or my cell phone (214) 448-9263. Thank you for your consideration. Sincerely, Scott Park Autumn Investments, Inc. CITY OF WYLIE Item No. 3. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: October 11, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No.#: Date Prepared: October 1, 2005 Budgeted Amount: Exhibits: 3 AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-52 of the City of Wylie, Texas; establishing a policy regarding funding requests received by not-for-profit organizations; providing for the repeal of all ordinances in conflict, providing for a severability clause; and providing for an effective date. RECOMMENDED ACTION: Approve. SUMMARY: On September 20, 2005, the Collin County Children's Advocacy Center (CCCAC), Court Appointed Special Advocates (CASA) and the City House requested financial support from the City of Wylie. After listening to the petitioners, and discussing the issue at length, the City Council approved a motion to develop a policy for donations to not-for-profit organizations before considering any organization request for funds. Attached hereto is an ordinance establishing a donation policy for funding requests by not-for-profit organizations including the procedures, eligibility criteria, restrictions on the use of public funds, accountability, application and other information. In addition, attached hereto is a memorandum explaining State law on the subject of donations to not-for-profit organizations and various options available to the City Council for allocating public funds. APPROVED BY: Initial Date Department Director: \ City Manager: Ma' \ (O/L is ORDINANCE NO. 2005-52 AN ORDINANCE OF THE CITY COUNCIL OF WYLIE, TEXAS ESTABLISHING A POLICY REGARDING FUNDING REQUESTS RECEIVED BY NOT-FOR-PROFIT ORGANIZATIONS; PROVID- ING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Wylie, Texas annually receives requests for donations of public funds for various purposes; and WHEREAS, these requests for donations of public funds have impacts on the fiscal stability of the City of Wylie; and WHEREAS, the Wylie City Council wants to adopt a donation policy that provides public funds in a fiscally responsible manner to appropriate, qualified not-for-profit organizations providing services to the citizens of the City; and WHEREAS, the Wylie City Council wants to adopt a donation policy that provides guidance to not-for-profit organizations on the procedures for requesting donations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: Section 1. That the City Council hereby adopts a policy as it relates to funding requests from not-for-profit organizations as detailed in Attachment"A". 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. Should any paragraph, sentence, subdivision, clause, phase 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 whole. Section 4. 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. Ordinance No.2005-52 Not for Profit Donations Policy 1 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 11th day of October, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 19,2005 Ordinance No. 2005-52 Not for Profit Donations Policy 2 Attachment"A" The City of Wylie Policy on Requests for the Donation of Public Funds In Support of Not-For-Profit Organizations Purpose: The City of Wylie is committed to providing financial assistance to not-for-profit organizations that provide assistance to its citizens. In funding not-for-profit organizations, the City of Wylie will: 1. Encourage the not-for-profit organizations to provide services that meet specific needs of Wylie citizens. 2. Provide "last resort" capital or operating budget support to not-for-profit organizations. 3. Supplement (not supplant) funding from other sources available to not-for- profit organizations. 4. Provide limited funds to encourage the not-for-profit organizations to seek alternative resources of funds, donated materials and volunteer labor. 5. Relate specifically to measurable levels of service provided to City citizens. 6. Promote accountability through reporting of services provided. Procedures: The presentation and consideration of requests for expenditures of public funds by the City Council in support of not-for-profit organizations will be evaluated based on the following guidelines and criteria: 1. Requests for the donation of public funds to not-for-profit organizations must be submitted to the Wylie City Manager's Office on or before May 1, of each year for consideration in the operating budget process. 2. An emergency request may be submitted at anytime provided: a. The request was not reasonably foreseeable on or before May 1, budget process deadline, or b. The essential function of the requesting not-for-profit organization would be irreparably harmed if delayed to the next budget process cycle. 3. Organizations requesting the donation of public funds from the City of Wylie are required to complete the City's Request Form (Exhibit "A"). 4. Each not-for-profit organization's application for funds will be screened by the City Manager's Office to ensure the guidelines and criteria are met. 5. Presentations of qualified applicant requests will be made at a City Council meeting appropriate to the operating budget process, to include a Public Hearing. 6. Not-for-profit organizations whose requests do not meet the guidelines and criteria of this policy will be so notified and if appropriate, invited to resubmit the request for the next budget cycle. 7. City Council donations to not-for-profit organizations will be based on the benefit to the public and the priorities of community outcomes. Eligibility Criteria: At a minimum, the not-for-profit organizations will meet the following qualifying criteria to receive public funds: 1. The organization will be a non-profit, tax exempt 501(c) (3) corporation, in good standing with the State of Texas, and must have an active Board of Directors in compliance with IRS Section 501 (c) (3). 2. The organization will have been operating successfully for at least two years prior to the application deadline. 3. The organization will have sufficient funding support to meet ongoing operating costs and obligations. 4. The organization is not currently receiving other funding from the City of Wylie. 5. If previously funded by the City of Wylie, the organization must have successfully fulfilled all prior contractual obligations, or explain reasons for non-compliance. 6. Services and programs are need-based, nondiscriminatory, and provided to the citizens of the City of Wylie. 7. Services and programs are provided through means that are more cost effective than the City government could provide. 8. Services and programs supplement or extend the services and programs by the City. 9. Services and programs are able to fill gaps that may exist between those of the City and the needs of the community. 10. The organizations are able to verify their not-for-profit status and submit detailed financial documents for review by City staff, including, but not limited to: a. Federal tax identification number; b. Copy of 501(c)(3) nonprofit status certification letter; and c. Certificate of liability insurance. Restrictions on the Use of Public Funds: The City of Wylie will not fund the following: 1. No more than 50% of the public funds request may be for salaries; however, under unusual circumstances, exceptions may be approved by the City Council. 2. Social functions, parties, receptions, fund-raising benefits, refreshments, or beverages. 3. Licensing fees of any kind. 4. Underwriting, investments, stocks, bonds, or any financial obligation. 5. Interest and/or depreciation on loans, fines,penalties, or costs of litigation. Accountability: Not-for-profit organizations requesting donations of public funds will adhere to general accounting principles as set by law. Continued compliance with these standards is a criterion for possible future donations. These standards include,but are not limited to: 1. Submission of a current list of the organization's Board of Directors, officers, and staff. 2. Submission of the organizations bylaws and mission statement. 3. Submission of the most recent audited financial statement and/or detailed budget as part of the application process. 4. Submission of end-of-year financial report to the City after the donation is granted. REQUEST FOR PUBLIC FUNDS FORM Submit to: Office of the City Manager City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Telephone: 972-442-8121 Fax: 972-442-4302 Deadline: May 1, Name of Organization: Address of Organization: Telephone of Organization: Name(s) of Contact Person: Federal Tax ID: Requested Donation Amount: List of Attachments: Copy of 501 (c) (3)Nonprofit Status Certification Letter. Certificate of Liability Insurance. Copy of Organization Bylaws and Mission Statement. Current List of Board of Directors, Officers, and Staff. Copy of the most recent Audited Financial Statement and/or Budget Briefly describe the purpose, programs, and accomplishments of the organization: How is the organization governed and managed? What is the geographic service area of the organization? If the organization serves outside the City of Wylie, please indicate the number or percentage of Wylie citizens served: Has the organization previously applied for a donation of public funds from the City of Wylie? Yes No If"Yes"briefly describe the details and outcome of the request: What is the intended use of the requested donation of public funds? What benefit to the citizens of Wylie (educational, economic, health, etc.) will result from the requested donation of public funds? Explain how the organization will evaluate the results of the use of this donation of public funds: The undersigned do hereby attest that the above information is true and correct to the best of our knowledge. Signature Signature Print Name Print Name Title Title Date Date THE CITY OF WYLIE MANAGER'S MEMORANDUM DATE ISSUED: October 1, 2005 MEMORANDUM NO. 05-93 ATTENTION: Mayor and City Council SUBJECT: Policy Report — Donations to Not-For-Profit Organizations BACKGROUND On September 20, 2005, the Collin County Children's Advocacy Center (CCCAC), Court Appointed Special Advocates (CASA) and the City House requested financial support from the City of Wylie. After listening to the petitioners, and discussing the issue at length, the City Council approved a motion to develop a policy for donations to not-for-profit organizations before considering any organization requests for funds. This report addresses Council's request for a policy including the enabling legislation to develop the policy, eligibility criteria for receiving funds and an application for not-for-profit organizations to request City moneys. II. LEGAL CONSIDERATIONS Ms. Julie Fort, in a memorandum to the City dated June 30, 2005, wrote the "Texas Constitution prohibits the City from spending public money in aide of an individual or corporation . . . Spending public funds for a legitimate public purpose to obtain a clear public benefit is not an unconstitutional grant of public funds." (Texas Attorney General Opinion GA-0078) Ms. Fort further wrote, "For the purposes of determining whether a statute accomplishes a public purpose, the Texas Supreme Court test stated the following three part test: (1) There must be assurances that the predominant purpose is not to benefit private parties; (2) The City must retain sufficient control over the funds to ensure that the public purpose is accomplished and to protect the public's investment; and (3) It must determine that the City will receive a return benefit." III. POLICY CONSIDERATIONS A. Current Activities: Historically, the City of Wylie has provided assistance to not-for- profit organizations, which provide services to city residents. Typically, the City would either provide monetary assistance or in- kind services. B. Key Issues: Assuming the City Council desires a formal process for providing assistance to not-for-profit organizations, then several key issues should be addressed in deciding upon the type of process to use for allocating funding assistance: (1) Who will oversee the process including reviewing and ranking applications? (2) Will Council appropriate funds to individual organizations as part of the Operating Budget Process or will Council appropriate funds on an as needed basis? C. Alternative Courses of Action: Following are five alternative processes for allocating grant funds to not-for-profit organizations. Option A: City Council Review and Allocation The City Manager's Office would solicit not-for-profit organization application requests; then, the City Manger would provide the funding requests to the Council for review, hearing, and action. Advantages: --Maintains direct Council control of allocations. --Process is more efficient than decentralized process or multi-step process. --Funding levels established by Council/City Manager in overall context of Operating Budget. Disadvantages: --Disproportionate amount of public hearing time may be consumed by appeals. Option B: Advisory Review Committee An Advisory Review Committee, appointed by City Council, working with the City Staff, as need, would review all applications and recommend to Council funding levels for each applicant organizations. Advantages: --Committee could include community representatives who have knowledge of not-for-profit agency needs. --Could reduce amount of time required at public hearing(s) to hear applicant appeals. --Council responsible for final allocations. Disadvantages: --All appeals heard by Council. --Additional steps added to process. Option C: Review and Allocation Committee Council would appropriate a block of funds to be granted to not-for- profit organizations. A Committee, working with the City Staff, as needed, would review all applications and determine allocations to be made to each organization. Advantages: --Centralized application and monitoring process. Disadvantages: --Council would be delegating authority for final individual organization allocations. Recommendation: The recommended type of review is the City Council Review and Allocation (Option A), where Council hears applicant organization requests and allocates funds. This option is efficient and allows Council to retain the most control over the allocation process. D. Operating Budget Process vs. As-Needed Basis: If the City were to allocate funds to not-for-profit organizations during the Operating Budget Process, the City most likely would take the following steps: Application: --Public notice of availability of grant applications place in the local paper in March of each year. --Applications completed and returned by May 1 of each year. Application Review: --Applications reviewed for eligibility by the City Manager as part of Operating Budget Process. Council Action: --Applicant requests heard by Council during work session or public hearing prior to adoption of the Operating Budget. --Allocations to organizations appropriated by Council as part of Operating Budget. Grant Award: --Letters announcing the final grant amount for each applicant organization sent to all applicants by City Manager after approval of Operating Budget but not later than October 1 of each year. In the alternative, the City Council would entertain applicant organization funding requests throughout the fiscal year. Recommendation: The recommended time to allocate funds to not-for-profit organizations is at the Operating Budget Process, since the Council would be able to see the "big picture" financially and be in a better position to consider all needs as the same time. Note: For FY 2005/06, the Council should consider allocating not- for-profit organizations funding during the first quarter—that is, utilizing a brief notification and review period. E. Funding Level: Funding available for allocation to not-for-profit organizations should be determined by a per capita amount (i.e. $1.00) based on the general city population. The City's Engineering Department can establish the population estimate in conjunction with other regional agencies. If you have any questions, please do not hesitate to contact me. 4: RC4Cat MARK B. ROATH, City Manager Attachments: 1. Ordinance 2. Attachment "A" CITY OF WYLIE Item No. 4 City Secretary's Use Only COUNCIL AGENDA ITEM October 11, 2005 Council Meeting Of: Originating Department: Police Prepared By: Jeff Butters Account Code No. #: 100-5211-51112 Date Prepared: September 30, 2005 Budgeted Amount: NA Exhibits: Ordinance AGENDA SUBJECT: Consider and act upon Ordinance No. 2005-53 approving a budget amendment of $2,610. 00 for the purpose of adding a crossing guard at the intersection of Riverway and Springwell, near Groves Elementary School. RECOMMENDED ACTION:Approve the budget amendment so that a crossing guard may be added at the intersection of Riverway and Springwell. SUMMARY: Parents of children attending Groves Elementary School have expressed a need for a crossing guard at the intersection of Springwell and Riverway. The Wylie Police Department studied the intersection and found that 75-100 children cross the intersection every morning and evening. The vehicle traffic is also extremely heavy. The principal at Groves Elementary has also attested to the need for a crossing guard at this location. The total cost of funding the crossing guard for the remainder of the school year would be $5,220. The cost to the City of Wylie would be one half of that amount or$2,610. APPROVED BY: Initial Date Department Director: JB \ 9-30-05 City Manager: Aida_ \ 1 ORDINANCE NO. 2005-53 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-41 (2005-2006 BUDGET) AND APPROVING AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $2,610.00 FOR THE PURPOSE OF ADDING A CROSSING GUARD AT THE INTERSECTION OF RIVERWAY AND SPRINGWELL, NEAR GROVES ELEMENTARY SCHOOL; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for an appropriation of funds for the addition of a crossing guard at the intersection of Riverway and Springwell, near Groves Elementary School for the safety of the students at Groves Elementary; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for the safety of students at Groves Elementary School in Wylie and Collin County; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2005-2006 budget adopted by Ordinance No. 2005-41 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: 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: Amendment to Ordinance No. 2005-41 (2005-2006 Budget). Ordinance No. 2005-41 (2005-2006 Budget) is hereby amended to allow for the following appropriation: That up to Two Thousand Six Hundred Ten and no/100 ($2,610.00) may be expended over the next fiscal year for the purpose of providing a crossing guard at the intersection of Riverway and Springwell, near Groves Elementary School for the safety of the students at Groves Elementary. SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being Ordinance#2005-53 ORDINANCE AMENDING 2005-2006 BUDGET(Crossing Guard at Groves Elementary) Page 1 commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: 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 it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 11th day of October, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—October 19,2005. Ordinance#2005-53 ORDINANCE AMENDING 2005-2006 BUDGET(Crossing Guard at Groves Elementary) Page 2 Mark Roath From: Jeff Butters Sent: Friday, September 30, 2005 8:52 AM To: Mark Roath Subject: Crossing guard at Springwell and Riverway Mark, The crossing guard at McCreary and Riverway is crossing 6-7 kids per day and should not be moved. Lt. Atkison's observation was that McCreary and Riverway really needs a signal light. There are 75-100 kids crossing at Springwell and Riverway and there is very heavy traffic at the intersection. Lt Atkison felt that we definitely need a crossing guard at springwell and Riverway. The principal at Grooves also felt that there is a need for a crossing guard at Springwell and Riverway. Based on the above information I would recommend that we fund a new crossing guard position. The total cost would be approximately $4860 or $2430 for the City. Jeff Butters 1